Bill Text: FL S0008 | 2017 | Regular Session | Engrossed
Bill Title: Gaming
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-02 - Withdrawn from further consideration [S0008 Detail]
Download: Florida-2017-S0008-Engrossed.html
CS for SB 8 First Engrossed
20178e1
1 A bill to be entitled
2 An act relating to gaming; amending and reordering s.
3 24.103, F.S.; defining the term “point-of-sale
4 terminal”; amending s. 24.105, F.S.; authorizing the
5 Department of the Lottery to create a program that
6 authorizes certain persons to purchase a ticket at a
7 point-of-sale terminal; authorizing the department to
8 adopt rules; providing requirements for the rules;
9 amending s. 24.112, F.S.; authorizing the department,
10 a retailer operating from one or more locations, or a
11 vendor approved by the department to use a point-of
12 sale terminal to sell a lottery ticket; requiring a
13 point-of-sale terminal to perform certain functions;
14 specifying that the point-of-sale terminal may not
15 reveal winning numbers; prohibiting a point-of-sale
16 terminal from including or making use of video reels
17 or mechanical reels or other video depictions of slot
18 machine or casino game themes or titles for game play;
19 prohibiting a point-of-sale terminal from being used
20 to redeem a winning ticket; amending s. 285.710, F.S.;
21 redefining the term “compact”; ratifying and approving
22 a specified compact executed by the Governor and the
23 Seminole Tribe of Florida contingent upon the adoption
24 of specified amendments to the compact; superseding
25 the compact approved by the Legislature in 2010,
26 subject to certain requirements; directing the
27 Governor to cooperate with the Tribe in seeking
28 approval of the amended compact from the United States
29 Secretary of the Interior; directing the Secretary of
30 the Department of Business and Professional Regulation
31 to provide written notice of the effective date of the
32 compact to specified persons under certain
33 circumstances; specifying the amendments that must be
34 made to the compact by agreement between the Governor
35 and the Tribe for the compact to be deemed ratified
36 and approved; prohibiting the incorporation of
37 specified amendments into the compact from impacting
38 or changing the payments required to the state by the
39 Tribe during specified payment periods; prohibiting
40 the compact from being amended to prorate or reduce
41 required payments to the state; requiring specified
42 provisions of the compact relating to required
43 payments to the state during the initial payment
44 period be deleted; expanding the games authorized to
45 be conducted and the counties in which such games may
46 be offered; amending s. 285.712, F.S.; correcting a
47 citation; creating s. 546.11, F.S.; providing a short
48 title; creating s. 546.12, F.S.; providing legislative
49 findings and intent; creating s. 546.13, F.S.;
50 defining terms; creating s. 546.14, F.S.; creating the
51 Office of Contest Amusements within the Department of
52 Business and Professional Regulation; requiring that
53 the office be under the supervision of a senior
54 manager who is exempt from the Career Service System
55 and is appointed by the secretary of the department;
56 providing duties of the office; providing for
57 rulemaking; creating s. 546.15, F.S.; providing
58 licensing requirements for contest operators offering
59 fantasy contests; providing licensing application and
60 renewal fees; requiring the office to grant or deny a
61 license within a specified timeframe; providing that a
62 completed application is deemed approved 120 days
63 after receipt by the office under certain
64 circumstances; exempting applications for a contest
65 operator’s license from certain licensure timeframe
66 requirements; providing requirements for the license
67 application; providing that specified persons or
68 entities are not eligible for licensure under certain
69 circumstances; defining the term “convicted”;
70 authorizing the office to suspend, revoke, or deny a
71 license under certain circumstances; creating s.
72 546.16, F.S.; requiring a contest operator to
73 implement specified consumer protection procedures
74 under certain circumstances; requiring a contest
75 operator to annually contract with a third party to
76 perform an independent audit under certain
77 circumstances; requiring a contest operator to submit
78 the audit results to the office by a certain date;
79 creating s. 546.17, F.S.; requiring contest operators
80 to keep and maintain certain records for a specified
81 period; providing a requirement for such records;
82 requiring that such records be available for audit and
83 inspection; requiring the department to adopt rules;
84 creating s. 546.18, F.S.; providing a civil penalty;
85 providing applicability; exempting fantasy contests
86 from certain provisions in ch. 849, F.S.; providing a
87 directive to the Division of Law Revision and
88 Information; amending s. 550.002, F.S.; redefining the
89 term “full schedule of live racing or games”; amending
90 s. 550.01215, F.S.; revising application requirements
91 for pari-mutuel operating licenses; authorizing a
92 greyhound racing permitholder to specify certain
93 intentions on its application; authorizing a greyhound
94 racing permitholder to receive an operating license to
95 conduct pari-mutuel wagering activities at another
96 permitholder’s greyhound racing facility; authorizing
97 a thoroughbred horse racing permitholder to elect not
98 to conduct live racing under certain circumstances;
99 authorizing a thoroughbred horse racing permitholder
100 that elects not to conduct live racing to retain its
101 permit and requiring the permitholder to specify its
102 intention not to conduct live racing in future
103 applications and that it is a pari-mutuel facility;
104 authorizing such thoroughbred racing permitholder’s
105 facility to remain an eligible facility, to continue
106 to be eligible for a slot machine license, to be
107 exempt from certain provisions of chs. 550 and 551,
108 F.S., to be eligible as a guest track for intertrack
109 wagering and simulcasting, and to remain eligible for
110 a cardroom license; requiring, for a specified period,
111 that such permitholder file with the division an
112 irrevocable consent authorizing the use of certain
113 contributions for specified purses and awards;
114 exempting certain harness horse racing permitholders,
115 quarter horse racing permitholders, and jai alai
116 permitholders from specified live racing or live games
117 requirements; authorizing such permitholders to
118 specify certain intentions on their applications;
119 authorizing certain permitholders that elect not to
120 conduct live racing to retain their permits; providing
121 that certain facilities of such permitholders that
122 have been issued a slot machine license remain
123 eligible facilities, continue to be eligible for a
124 slot machine license, are exempt from certain
125 provisions of ch. 551, F.S., are eligible to be guest
126 tracks or, in certain cases, host tracks for certain
127 purposes, and remain eligible for a cardroom license;
128 authorizing the Division of Pari-mutuel Wagering of
129 the Department of Business and Professional Regulation
130 to approve changes in racing dates for permitholders
131 under certain circumstances; providing requirements
132 for licensure of certain jai alai permitholders;
133 deleting a provision for conversion of certain
134 converted permits to jai alai permits; authorizing
135 certain limited thoroughbred racing permitholders to
136 apply by a certain date to conduct live performances
137 during a specified timeframe subject to certain
138 conditions; amending s. 550.0251, F.S.; requiring the
139 division to annually report to the Governor and the
140 Legislature; specifying requirements for the content
141 of the report; amending s. 550.054, F.S.; requiring
142 the division to revoke a pari-mutuel wagering
143 operating permit under certain circumstances;
144 prohibiting issuance or approval of new pari-mutuel
145 permits after a specified date; prohibiting certain
146 revoked permits from being reissued; authorizing a
147 permitholder to apply to the division to place a
148 permit in inactive status; revising provisions that
149 prohibit transfer or assignment of a pari-mutuel
150 permit; deleting provisions authorizing a jai alai
151 permitholder to convert such permit to conduct
152 greyhound racing; deleting a provision requiring the
153 division to convert such permits under certain
154 circumstances; deleting provisions for certain
155 converted permits; amending s. 550.0555, F.S.;
156 authorizing specified permitholders to relocate under
157 certain circumstances, subject to certain
158 restrictions; deleting a provision requiring the
159 relocation to be necessary to ensure the revenue
160 producing capability of the permittee without
161 deteriorating the revenue-producing capability of any
162 other pari-mutuel permittee within a certain distance;
163 revising how certain distances are measured; repealing
164 s. 550.0745, F.S., relating to the conversion of pari
165 mutuel permits to summer jai alai permits; amending s.
166 550.0951, F.S.; deleting provisions for certain
167 credits for a greyhound racing permitholder; deleting
168 a provision requiring a specified license fee to be
169 deposited with the Chief Financial Officer to the
170 credit of the Pari-mutuel Wagering Trust Fund;
171 revising the tax on handle for live greyhound racing
172 and intertrack wagering if the host track is a
173 greyhound racing track; repealing s. 550.09511(4),
174 F.S., relating to a requirement that certain jai alai
175 permitholders pay to the state the same aggregate
176 amount of certain fees and taxes as the permitholders
177 paid during a specified year in which they conducted
178 at least 100 live performances; amending s. 550.09512,
179 F.S.; providing for the revocation of certain harness
180 horse racing permits; specifying that a revoked permit
181 may not be reissued; amending s. 550.09514, F.S.;
182 deleting certain provisions that prohibit tax on
183 handle until a specified amount of tax savings have
184 resulted; revising purse requirements of a greyhound
185 racing permitholder that conducts live racing;
186 amending s. 550.09515, F.S.; providing for the
187 revocation of certain thoroughbred racing permits;
188 specifying that a revoked permit may not be reissued;
189 amending s. 550.1625, F.S.; deleting the requirement
190 that a greyhound racing permitholder pay the breaks
191 tax; repealing s. 550.1647, F.S., relating to
192 unclaimed tickets and breaks held by greyhound racing
193 permitholders; amending s. 550.1648, F.S.; revising
194 requirements for a greyhound racing permitholder to
195 provide a greyhound adoption booth at its facility;
196 requiring sterilization of greyhounds before adoption;
197 authorizing the fee for such sterilization to be
198 included in the cost of adoption; defining the term
199 “bona fide organization that promotes or encourages
200 the adoption of greyhounds”; creating s. 550.1752,
201 F.S.; creating the permit reduction program within the
202 division; providing a purpose for the program;
203 providing for funding for the program; requiring the
204 division to purchase pari-mutuel permits from
205 permitholders under certain circumstances; requiring
206 that permitholders who wish to make an offer to sell
207 meet certain requirements; requiring the division to
208 adopt a certain form by rule; requiring that the
209 division establish the value of a pari-mutuel permit
210 based on the valuation of one or more independent
211 appraisers; authorizing the division to establish a
212 value that is lower than the valuation of the
213 independent appraiser; requiring the division to
214 accept the offers that best utilize available funding;
215 prohibiting the department from accepting an offer to
216 purchase a permit or from executing a contract to
217 purchase a permit under certain conditions; requiring,
218 by a specified date, that the division certify an
219 executed contract to the Chief Financial Officer and
220 request a distribution to be paid to the permitholder;
221 limiting such distributions; providing for expiration
222 of the program; creating s. 550.1753, F.S.; creating
223 the thoroughbred purse and awards supplement program
224 within the division as of a specified date; providing
225 a purpose for the program; providing for funding of
226 the program; requiring the division, within a
227 specified timeframe, to certify to the Chief Financial
228 Officer the amount of the purse and awards supplement
229 funds to be distributed to eligible thoroughbred
230 racing permitholders and request distribution of such
231 funds from the General Revenue Fund to such
232 permitholders; limiting the amount of distributions in
233 any given fiscal year; specifying intended uses of the
234 funds; prohibiting certain thoroughbred horse racing
235 permitholders from receiving purse and awards
236 supplements unless they provide a copy of a certain
237 agreement; specifying percentages of the funds that
238 must be used for certain purposes; requiring the
239 division to apportion purse and awards supplement
240 funds in a specified manner; providing conditions
241 under which certain limited thoroughbred racing
242 permitholders may make annual application for and
243 receive certain funds; providing that funding must be
244 allocated on a pro rata share basis; providing that
245 certain funding is conditioned on limited thoroughbred
246 racing permitholders applying for a limited number of
247 performances; providing that limited thoroughbred
248 permitholders under the program are treated as other
249 thoroughbred permitholders applying for funding after
250 a certain date; authorizing such funds to be used to
251 supplement purses and subsidize certain costs;
252 requiring the division to distribute a specified
253 percentage of funds to a specified organization for
254 payment of specified racing awards; authorizing
255 certain supplemental funds to be returned to
256 thoroughbred horse racing permitholders to allow them
257 to distribute special racing awards under certain
258 circumstances under terms established in a required
259 written agreement; requiring the division to adopt a
260 form to apply to receive supplement purse funds under
261 the program; authorizing the division to adopt rules;
262 providing for expiration of the program; amending s.
263 550.2415, F.S.; revising the actions that mark the
264 commencement of certain administrative actions;
265 requiring the division to adopt certain rules;
266 deleting a provision specifying the version of the
267 Controlled Therapeutic Medication Schedule which must
268 be used by the division to adopt certain rules;
269 requiring the division rules to include a penalty
270 system for the use of certain drugs, medications, and
271 other foreign substances; requiring the classification
272 and penalty system included in division rules to
273 incorporate specified documents; creating s. 550.2416,
274 F.S.; requiring injuries to racing greyhounds to be
275 reported within a certain timeframe on a form adopted
276 by the division; requiring such form to be completed
277 and signed under oath or affirmation by certain
278 individuals; providing penalties; specifying
279 information that must be included on the form;
280 requiring the division to maintain the forms as public
281 records for a specified time; specifying disciplinary
282 action that may be taken against a licensee of the
283 Department of Business and Professional Regulation who
284 makes false statements on an injury form or who fails
285 to report an injury; exempting injuries to certain
286 animals from reporting requirements; requiring the
287 division to adopt rules; amending s. 550.26165, F.S.;
288 conforming a cross-reference; amending s. 550.3345,
289 F.S.; deleting obsolete provisions; revising
290 requirements for a permit previously converted from a
291 quarter horse racing permit to a limited thoroughbred
292 racing permit; authorizing certain holders of limited
293 thoroughbred racing permits to apply for and be issued
294 an operating license for a specified purpose under
295 certain circumstances; amending s. 550.3551, F.S.;
296 deleting a provision that limits the number of out-of
297 state races on which wagers are accepted by a
298 greyhound racing permitholder; deleting a provision
299 requiring certain permitholders to conduct a full
300 schedule of live racing to receive certain full-card
301 broadcasts and accept certain wagers; conforming a
302 cross-reference; amending s. 550.475, F.S.;
303 prohibiting a permitholder from leasing from certain
304 pari-mutuel permitholders; amending s. 550.5251, F.S.;
305 deleting a provision relating to requirements for
306 thoroughbred permitholders; deleting a provision
307 prohibiting a thoroughbred racing permitholder from
308 beginning a race before a specified time; amending s.
309 550.615, F.S.; revising eligibility requirements for
310 certain pari-mutuel facilities to qualify to receive
311 certain broadcasts; providing that certain greyhound
312 racing permitholders are not required to obtain
313 certain written consent; deleting requirements that
314 intertrack wagering be conducted between certain
315 permitholders; deleting a provision prohibiting
316 certain intertrack wagering in certain counties;
317 specifying conditions under which greyhound racing
318 permitholders may accept wagers; amending s. 550.6308,
319 F.S.; revising the number of days of thoroughbred
320 horse sales required for an applicant to obtain a
321 limited intertrack wagering license; revising
322 eligibility requirements for such licenses; revising
323 requirements for such wagering; deleting provisions
324 requiring a licensee to make certain payments to the
325 daily pari-mutuel pool; amending s. 551.101, F.S.;
326 revising the facilities that may possess slot machines
327 and conduct slot machine gaming; deleting certain
328 provisions requiring a countywide referendum to
329 approve slot machines at certain facilities; amending
330 s. 551.102, F.S.; revising definitions; amending s.
331 551.104, F.S.; prohibiting the division from issuing a
332 slot machine license to certain pari-mutuel
333 permitholders; revising conditions of licensure and
334 conditions for maintaining authority to conduct slot
335 machine gaming; exempting a summer thoroughbred racing
336 permitholder from certain purse requirements;
337 providing applicability; providing an expiration for a
338 provision requiring certain slot machine licensees to
339 remit a certain amount for the payment of purses on
340 live races; deleting a provision prohibiting the
341 division from issuing or renewing a license for an
342 applicant holding a permit under ch. 550, F.S., under
343 certain circumstances; conforming provisions to
344 changes made by the act; creating s. 551.1042, F.S.;
345 prohibiting the transfer of a slot machine license or
346 relocation of a slot machine facility; providing an
347 exception; creating s. 551.1043, F.S.; providing
348 legislative findings; authorizing two additional slot
349 machine licenses to be awarded and renewed annually to
350 persons located in specified counties; providing that
351 no more than one license may be awarded in each of
352 those counties; authorizing certain persons to apply
353 for such licenses; providing that certain persons are
354 ineligible to apply for the additional slot machine
355 licenses; providing a license application fee;
356 requiring the deposit of the fee in the Pari-mutuel
357 Wagering Trust Fund; requiring the Division of Pari
358 mutuel Wagering to award the license to the applicant
359 that best meets the selection criteria; providing
360 selection criteria; requiring the division to complete
361 a certain evaluation by a specified date; specifying
362 grounds for denial of an application; providing that
363 certain protests be forwarded to the Division of
364 Administrative Hearings; providing requirements for
365 appeals; authorizing the Division of Pari-mutuel
366 Wagering to adopt certain emergency rules; authorizing
367 the licensee of the additional slot machine license to
368 operate a cardroom and a specified number of house
369 banked blackjack table games at its facility under
370 certain circumstances; providing that such licensee is
371 subject to specified provisions of ch. 849, F.S., and
372 exempt from specified provisions of chs. 550 and 551,
373 F.S.; creating s. 551.1044, F.S.; authorizing
374 blackjack table games at certain pari-mutuel
375 facilities; specifying limits on wagers; requiring a
376 permitholder that offers banked blackjack to pay a tax
377 to the state; providing that such tax is subject to
378 certain provisions of ch. 849, F.S.; amending s.
379 551.106, F.S.; deleting obsolete provisions; revising
380 the tax rate on slot machine revenues under certain
381 conditions; revising the taxes to be paid to the
382 division for deposit into the Pari-mutuel Wagering
383 Trust Fund; requiring certain funds to be transferred
384 into the Educational Enhancement Trust Fund and to
385 specified entities; requiring certain permitholders
386 and licensees to pay a slot machine guarantee fee if
387 certain taxes and fees paid to the state during
388 certain periods fall below a specified amount;
389 amending s. 551.108, F.S.; providing applicability;
390 amending s. 551.114, F.S.; revising the areas where a
391 designated slot machine gaming area may be located;
392 amending s. 551.116, F.S.; deleting a restriction on
393 the number of hours per day that slot machine gaming
394 areas may be open; amending s. 551.121, F.S.;
395 authorizing the serving of complimentary or reduced
396 cost alcoholic beverages to persons playing slot
397 machines; authorizing the location of an automated
398 teller machine or similar device within designated
399 slot machine gaming areas; amending s. 849.086, F.S.;
400 revising legislative intent; revising definitions;
401 authorizing the division to establish a reasonable
402 period to respond to certain requests from a licensed
403 cardroom; providing that the division must approve
404 certain requests within 45 days; requiring the
405 division to review and approve or reject certain
406 revised internal controls or revised rules within 10
407 days after submission; revising certain license
408 renewal requirements; deleting provisions relating to
409 restrictions on hours of operation; authorizing
410 certain cardroom operators to offer certain designated
411 player games; requiring the designated player and
412 employees of the designated player to be licensed;
413 requiring the designated player to pay certain fees;
414 prohibiting cardroom operators from serving as the
415 designated player in a game and from having a
416 financial interest in a designated player; authorizing
417 a cardroom operator to collect a rake, subject to
418 certain requirements; requiring the dealer button to
419 be rotated under certain circumstances; prohibiting a
420 cardroom operator from allowing a designated player to
421 pay an opposing player under certain circumstances;
422 prohibiting the rules of the game or of the cardroom
423 to require a designated player to cover all wagers of
424 opposing players; prohibiting a cardroom or cardroom
425 licensee from contracting with or receiving certain
426 compensation from a player to allow that player to
427 participate in any game as a designated player;
428 revising requirements for a cardroom license to be
429 issued or renewed; requiring a certain written
430 agreement with a thoroughbred permitholder; providing
431 contract requirements for the agreement; requiring a
432 thoroughbred permitholder to remit a percentage of
433 specified funds to the Florida Thoroughbred Breeders’
434 Association, Inc., subject to certain requirements;
435 revising requirements to transfer or reissue certain
436 cardroom gaming licenses; conforming provisions to
437 changes made by the act; amending s. 849.0931, F.S.;
438 authorizing certain veterans’ organizations engaged in
439 charitable, civic, benevolent, or scholastic works or
440 similar endeavors to conduct bingo using electronic
441 tickets on specified premises; requiring that
442 electronic tickets for instant bingo meet a certain
443 requirement; making the sale of such tickets by
444 veterans’ organizations contingent upon certification
445 of software by a nationally recognized independent
446 gaming laboratory; directing the Division of Pari
447 mutuel Wagering to revoke certain pari-mutuel permits;
448 specifying that the revoked permits may not be
449 reissued; providing a directive to the Division of Law
450 Revision and Information; providing effective dates;
451 providing a contingent effective date.
452
453 Be It Enacted by the Legislature of the State of Florida:
454
455 Section 1. Section 24.103, Florida Statutes, is reordered
456 and amended to read:
457 24.103 Definitions.—As used in this act, the term:
458 (1) “Department” means the Department of the Lottery.
459 (6)(2) “Secretary” means the secretary of the department.
460 (3) “Person” means any individual, firm, association, joint
461 adventure, partnership, estate, trust, syndicate, fiduciary,
462 corporation, or other group or combination and includes an shall
463 include any agency or political subdivision of the state.
464 (4) “Point-of-sale terminal” means an electronic device
465 used to process credit card, debit card, or other similar charge
466 card payments at retail locations which is supported by networks
467 that enable verification, payment, transfer of funds, and
468 logging of transactions.
469 (2)(4) “Major procurement” means a procurement for a
470 contract for the printing of tickets for use in any lottery
471 game, consultation services for the startup of the lottery, any
472 goods or services involving the official recording for lottery
473 game play purposes of a player’s selections in any lottery game
474 involving player selections, any goods or services involving the
475 receiving of a player’s selection directly from a player in any
476 lottery game involving player selections, any goods or services
477 involving the drawing, determination, or generation of winners
478 in any lottery game, the security report services provided for
479 in this act, or any goods and services relating to marketing and
480 promotion which exceed a value of $25,000.
481 (5) “Retailer” means a person who sells lottery tickets on
482 behalf of the department pursuant to a contract.
483 (7)(6) “Vendor” means a person who provides or proposes to
484 provide goods or services to the department, but does not
485 include an employee of the department, a retailer, or a state
486 agency.
487 Section 2. Present subsections (19) and (20) of section
488 24.105, Florida Statutes, are redesignated as subsections (20)
489 and (21), respectively, and a new subsection (19) is added to
490 that section, to read:
491 24.105 Powers and duties of department.—The department
492 shall:
493 (19) Have the authority to create a program that allows a
494 person who is at least 18 years of age to purchase a lottery
495 ticket at a point-of-sale terminal. The department may adopt
496 rules to administer the program. Such rules shall include, but
497 are not limited to, the following:
498 (a) Limiting the dollar amount of lottery tickets that a
499 person may purchase at point-of-sale terminals;
500 (b) Creating a process to enable a customer to restrict or
501 prevent his or her own access to lottery tickets; and
502 (c) Ensuring that the program is administered in a manner
503 that does not breach the exclusivity provisions of any Indian
504 gaming compact to which this state is a party.
505 Section 3. Section 24.112, Florida Statutes, is amended to
506 read:
507 24.112 Retailers of lottery tickets; authorization of
508 vending machines; point-of-sale terminals to dispense lottery
509 tickets.—
510 (1) The department shall adopt promulgate rules specifying
511 the terms and conditions for contracting with retailers who will
512 best serve the public interest and promote the sale of lottery
513 tickets.
514 (2) In the selection of retailers, the department shall
515 consider factors such as financial responsibility, integrity,
516 reputation, accessibility of the place of business or activity
517 to the public, security of the premises, the sufficiency of
518 existing retailers to serve the public convenience, and the
519 projected volume of the sales for the lottery game involved. In
520 the consideration of these factors, the department may require
521 the information it deems necessary of any person applying for
522 authority to act as a retailer. However, the department may not
523 establish a limitation upon the number of retailers and shall
524 make every effort to allow small business participation as
525 retailers. It is the intent of the Legislature that retailer
526 selections be based on business considerations and the public
527 convenience and that retailers be selected without regard to
528 political affiliation.
529 (3) The department may shall not contract with any person
530 as a retailer who:
531 (a) Is less than 18 years of age.
532 (b) Is engaged exclusively in the business of selling
533 lottery tickets; however, this paragraph may shall not preclude
534 the department from selling lottery tickets.
535 (c) Has been convicted of, or entered a plea of guilty or
536 nolo contendere to, a felony committed in the preceding 10
537 years, regardless of adjudication, unless the department
538 determines that:
539 1. The person has been pardoned or the person’s civil
540 rights have been restored;
541 2. Subsequent to such conviction or entry of plea the
542 person has engaged in the kind of law-abiding commerce and good
543 citizenship that would reflect well upon the integrity of the
544 lottery; or
545 3. If the person is a firm, association, partnership,
546 trust, corporation, or other entity, the person has terminated
547 its relationship with the individual whose actions directly
548 contributed to the person’s conviction or entry of plea.
549 (4) The department shall issue a certificate of authority
550 to each person with whom it contracts as a retailer for purposes
551 of display pursuant to subsection (6). The issuance of the
552 certificate may shall not confer upon the retailer any right
553 apart from that specifically granted in the contract. The
554 authority to act as a retailer may shall not be assignable or
555 transferable.
556 (5) A Any contract executed by the department pursuant to
557 this section shall specify the reasons for any suspension or
558 termination of the contract by the department, including, but
559 not limited to:
560 (a) Commission of a violation of this act or rule adopted
561 pursuant thereto.
562 (b) Failure to accurately account for lottery tickets,
563 revenues, or prizes as required by the department.
564 (c) Commission of any fraud, deceit, or misrepresentation.
565 (d) Insufficient sale of tickets.
566 (e) Conduct prejudicial to public confidence in the
567 lottery.
568 (f) Any material change in any matter considered by the
569 department in executing the contract with the retailer.
570 (6) Each Every retailer shall post and keep conspicuously
571 displayed in a location on the premises accessible to the public
572 its certificate of authority and, with respect to each game, a
573 statement supplied by the department of the estimated odds of
574 winning a some prize for the game.
575 (7) A No contract with a retailer may not shall authorize
576 the sale of lottery tickets at more than one location, and a
577 retailer may sell lottery tickets only at the location stated on
578 the certificate of authority.
579 (8) With respect to any retailer whose rental payments for
580 premises are contractually computed, in whole or in part, on the
581 basis of a percentage of retail sales, and where such
582 computation of retail sales is not explicitly defined to include
583 sales of tickets in a state-operated lottery, the compensation
584 received by the retailer from the department shall be deemed to
585 be the amount of the retail sale for the purposes of such
586 contractual compensation.
587 (9)(a) The department may require each every retailer to
588 post an appropriate bond as determined by the department, using
589 an insurance company acceptable to the department, in an amount
590 not to exceed twice the average lottery ticket sales of the
591 retailer for the period within which the retailer is required to
592 remit lottery funds to the department. For the first 90 days of
593 sales of a new retailer, the amount of the bond may not exceed
594 twice the average estimated lottery ticket sales for the period
595 within which the retailer is required to remit lottery funds to
596 the department. This paragraph does shall not apply to lottery
597 tickets that which are prepaid by the retailer.
598 (b) In lieu of such bond, the department may purchase
599 blanket bonds covering all or selected retailers or may allow a
600 retailer to deposit and maintain with the Chief Financial
601 Officer securities that are interest bearing or accruing and
602 that, with the exception of those specified in subparagraphs 1.
603 and 2., are rated in one of the four highest classifications by
604 an established nationally recognized investment rating service.
605 Securities eligible under this paragraph shall be limited to:
606 1. Certificates of deposit issued by solvent banks or
607 savings associations organized and existing under the laws of
608 this state or under the laws of the United States and having
609 their principal place of business in this state.
610 2. United States bonds, notes, and bills for which the full
611 faith and credit of the government of the United States is
612 pledged for the payment of principal and interest.
613 3. General obligation bonds and notes of any political
614 subdivision of the state.
615 4. Corporate bonds of any corporation that is not an
616 affiliate or subsidiary of the depositor.
617
618 Such securities shall be held in trust and shall have at all
619 times a market value at least equal to an amount required by the
620 department.
621 (10) Each Every contract entered into by the department
622 pursuant to this section shall contain a provision for payment
623 of liquidated damages to the department for any breach of
624 contract by the retailer.
625 (11) The department shall establish procedures by which
626 each retailer shall account for all tickets sold by the retailer
627 and account for all funds received by the retailer from such
628 sales. The contract with each retailer shall include provisions
629 relating to the sale of tickets, payment of moneys to the
630 department, reports, service charges, and interest and
631 penalties, if necessary, as the department shall deem
632 appropriate.
633 (12) No Payment by a retailer to the department for tickets
634 may not shall be in cash. All such payments shall be in the form
635 of a check, bank draft, electronic fund transfer, or other
636 financial instrument authorized by the secretary.
637 (13) Each retailer shall provide accessibility for disabled
638 persons on habitable grade levels. This subsection does not
639 apply to a retail location that which has an entrance door
640 threshold more than 12 inches above ground level. As used in
641 herein and for purposes of this subsection only, the term
642 “accessibility for disabled persons on habitable grade levels”
643 means that retailers shall provide ramps, platforms, aisles and
644 pathway widths, turnaround areas, and parking spaces to the
645 extent these are required for the retailer’s premises by the
646 particular jurisdiction where the retailer is located.
647 Accessibility shall be required to only one point of sale of
648 lottery tickets for each lottery retailer location. The
649 requirements of this subsection shall be deemed to have been met
650 if, in lieu of the foregoing, disabled persons can purchase
651 tickets from the retail location by means of a drive-up window,
652 provided the hours of access at the drive-up window are not less
653 than those provided at any other entrance at that lottery
654 retailer location. Inspections for compliance with this
655 subsection shall be performed by those enforcement authorities
656 responsible for enforcement pursuant to s. 553.80 in accordance
657 with procedures established by those authorities. Those
658 enforcement authorities shall provide to the Department of the
659 Lottery a certification of noncompliance for any lottery
660 retailer not meeting such requirements.
661 (14) The secretary may, after filing with the Department of
662 State his or her manual signature certified by the secretary
663 under oath, execute or cause to be executed contracts between
664 the department and retailers by means of engraving, imprinting,
665 stamping, or other facsimile signature.
666 (15) A vending machine may be used to dispense online
667 lottery tickets, instant lottery tickets, or both online and
668 instant lottery tickets.
669 (a) The vending machine must:
670 1. Dispense a lottery ticket after a purchaser inserts a
671 coin or currency in the machine.
672 2. Be capable of being electronically deactivated for a
673 period of 5 minutes or more.
674 3. Be designed to prevent its use for any purpose other
675 than dispensing a lottery ticket.
676 (b) In order to be authorized to use a vending machine to
677 dispense lottery tickets, a retailer must:
678 1. Locate the vending machine in the retailer’s direct line
679 of sight to ensure that purchases are only made by persons at
680 least 18 years of age.
681 2. Ensure that at least one employee is on duty when the
682 vending machine is available for use. However, if the retailer
683 has previously violated s. 24.1055, at least two employees must
684 be on duty when the vending machine is available for use.
685 (c) A vending machine that dispenses a lottery ticket may
686 dispense change to a purchaser but may not be used to redeem any
687 type of winning lottery ticket.
688 (d) The vending machine, or any machine or device linked to
689 the vending machine, may not include or make use of video reels
690 or mechanical reels or other video depictions of slot machine or
691 casino game themes or titles for game play. This does not
692 preclude the use of casino game themes or titles on such tickets
693 or signage or advertising displays on the machines.
694 (16) The department, a retailer operating from one or more
695 locations, or a vendor approved by the department may use a
696 point-of-sale terminal to facilitate the sale of a lottery
697 ticket.
698 (a) A point-of-sale terminal must:
699 1. Dispense a paper lottery ticket with numbers selected by
700 the purchaser or selected randomly by the machine after the
701 purchaser uses a credit card, debit card, or other similar
702 charge card issued by a bank, savings association, credit union,
703 or charge card company or issued by a retailer pursuant to part
704 II of chapter 520 for payment;
705 2. Recognize a valid driver license or use another age
706 verification process approved by the department to ensure that
707 only persons at least 18 years of age may purchase a lottery
708 ticket;
709 3. Process a lottery transaction through a platform that is
710 certified or otherwise approved by the department; and
711 4. Be in compliance with all applicable department
712 requirements related to the lottery ticket offered for sale.
713 (b) A point-of-sale terminal does not reveal winning
714 numbers, which are selected at a subsequent time and different
715 location through a drawing by the state lottery.
716 (c) A point-of-sale terminal, or any machine or device
717 linked to the point-of-sale terminal, may not include or make
718 use of video reels or mechanical reels or other video depictions
719 of slot machine or casino game themes or titles for game play.
720 This does not preclude the use of casino game themes or titles
721 on a lottery ticket or game or on the signage or advertising
722 displays on the terminal.
723 (d) A point-of-sale terminal may not be used to redeem a
724 winning ticket.
725 Section 4. Effective upon becoming a law, paragraph (a) of
726 subsection (1), subsection (3), and present subsections (9),
727 (11), and (14) of section 285.710, Florida Statutes, are
728 amended, present subsections (4) through (14) of that section
729 are redesignated as subsections (5) through (15), respectively,
730 and a new subsection (4) is added to that section, to read:
731 285.710 Compact authorization.—
732 (1) As used in this section, the term:
733 (a) “Compact” means the Gaming Compact between the Seminole
734 Tribe of Florida and the State of Florida, executed on April 7,
735 2010.
736 (3)(a) A The gaming compact between the Seminole Tribe of
737 Florida and the State of Florida, executed by the Governor and
738 the Tribe on April 7, 2010, was is ratified and approved by
739 chapter 2010-29, Laws of Florida. The Governor shall cooperate
740 with the Tribe in seeking approval of the compact from the
741 United States Secretary of the Interior.
742 (b) The Gaming Compact between the Seminole Tribe of
743 Florida and the State of Florida, which was executed by the
744 Governor and the Tribe on December 7, 2015, shall be deemed
745 ratified and approved only if amended as specified in subsection
746 (4).
747 (c) Upon approval or deemed approval by the United States
748 Department of Interior and publication in the Federal Register,
749 the amended Gaming Compact supersedes the gaming compact
750 ratified and approved by chapter 2010-29, Laws of Florida. The
751 Governor shall cooperate with the Tribe in seeking approval of
752 the amended Gaming Compact from the United States Secretary of
753 the Interior. The Secretary of the Department of Business and
754 Professional Regulation is directed to notify in writing the
755 Governor, the President of the Senate, the Speaker of the House
756 of Representatives, and the Division of Law Revision and
757 Information of the effective date of the compact, amended as
758 required by this act, which has been published in the Federal
759 Register by the Department of the Interior within 5 days after
760 such publication.
761 (4) The compact executed on December 7, 2015, shall be
762 amended by an agreement between the Governor and the Tribe to:
763 (a) Become effective after it is approved as a tribal-state
764 compact within the meaning of the Indian Gaming Regulatory Act
765 by action of the United States Secretary of the Interior or by
766 operation of law under 25 U.S.C. s. 2710(d)(8), and upon
767 publication of a notice of approval in the Federal Register
768 under 25 U.S.C. s. 2710(d)(8)(D);
769 (b) Require that the State of Florida and the Tribe
770 dismiss, with prejudice, any and all pending motions for
771 rehearing or any pending appeals arising from State of Florida
772 v. Seminole Tribe of Florida (Consolidated Case No. 4:15cv516
773 RH/CAS; United States District Court in and for the Northern
774 District of Florida); and
775 (c) Incorporate the following exceptions to the exclusivity
776 provided to the Tribe under the gaming compact executed on
777 December 7, 2015:
778 1. Point-of-sale lottery ticket sales are permitted in
779 accordance with chapter 24, as amended by this act;
780 2. Fantasy contests conducted in accordance with ss.
781 546.11-546.18, as created by this act;
782 3. Slot machines operated in accordance with chapter 551,
783 as amended by this act;
784 4. The game of blackjack, in accordance with s. 551.1044,
785 as created by this act;
786 5. Designated player games of poker conducted at cardrooms
787 in accordance with chapter 849, as amended by this act, and in
788 compliance with Rule Chapter 61D-11, Florida Administrative
789 Code;
790 6. Those activities claimed to be violations of the gaming
791 compact between the Seminole Tribe of Florida and the State of
792 Florida, executed by the Governor and the Tribe on April 7,
793 2010, in the legal actions consolidated and heard in State of
794 Florida v. Seminole Tribe of Florida (Consolidated Case No.
795 4:15cv516-RH/CAS; United States District Court in and for the
796 Northern District of Florida); and
797 7. All activities authorized and conducted pursuant to
798 Florida law, as amended by this act.
799
800 The incorporation of all such provisions may not impact or
801 change the payments required to the state under part XI of the
802 compact during the Guarantee Payment Period and the Regular
803 Payment Period and may not change or impact the Guaranteed
804 Minimum Compact Term Payment required to be paid to the state
805 under the compact or any other payment required to be paid by
806 the Tribe under the compact. The compact may not be amended to
807 prorate or reduce any amount required to be paid to the state
808 during the first fiscal year of the Guaranteed Payment Period or
809 any other time during which the compact is effective, regardless
810 of the date on which the compact becomes effective. Part XI of
811 the compact shall be amended to delete provisions concerning
812 payments required to be paid to the state during the Initial
813 Payment Period.
814 (10)(9) The moneys paid by the Tribe to the state for the
815 benefit of exclusivity under the compact ratified by this
816 section shall be deposited into the General Revenue Fund. Three
817 percent of the amount paid by the Tribe to the state shall be
818 designated as the local government share and shall be
819 distributed as provided in subsections (10) and (11) and (12).
820 (12)(11) Upon receipt of the annual audited revenue figures
821 from the Tribe and completion of the calculations as provided in
822 subsection (11) (10), the state compliance agency shall certify
823 the results to the Chief Financial Officer and shall request the
824 distributions to be paid from the General Revenue Fund within 30
825 days after authorization of nonoperating budget authority
826 pursuant to s. 216.181(12).
827 (15)(14) Notwithstanding any other provision of state law,
828 it is not a crime for a person to participate in the games
829 specified in subsection (14) (13) at a tribal facility operating
830 under the compact entered into pursuant to this section.
831 Section 5. Subsection (14) of section 285.710, Florida
832 Statutes, as amended by this act, is amended to read:
833 285.710 Compact authorization.—
834 (14) For the purpose of satisfying the requirement in 25
835 U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
836 under an Indian gaming compact must be permitted in the state
837 for any purpose by any person, organization, or entity, the
838 following class III games or other games specified in this
839 section are hereby authorized to be conducted by the Tribe
840 pursuant to the compact:
841 (a) Slot machines, as defined in s. 551.102(8).
842 (b) Banking or banked card games, including baccarat,
843 chemin de fer, and blackjack or 21 at the tribal facilities in
844 Broward County, Collier County, and Hillsborough County.
845 (c) Dice games, such as craps and sic-bo.
846 (d) Wheel games, such as roulette and big six.
847 (e)(c) Raffles and drawings.
848 Section 6. Subsection (4) of section 285.712, Florida
849 Statutes, is amended to read:
850 285.712 Tribal-state gaming compacts.—
851 (4) Upon receipt of an act ratifying a tribal-state
852 compact, the Secretary of State shall forward a copy of the
853 executed compact and the ratifying act to the United States
854 Secretary of the Interior for his or her review and approval, in
855 accordance with 25 U.S.C. s. 2710(d)(8) s. 2710(8)(d).
856 Section 7. Section 546.11, Florida Statutes, is created to
857 read:
858 546.11 Short title.—Sections 546.11-546.18 may be cited as
859 the “Fantasy Contest Amusement Act.”
860 Section 8. Section 546.12, Florida Statutes, is created to
861 read:
862 546.12 Legislative intent.—It is the intent of the
863 Legislature to ensure public confidence in the integrity of
864 fantasy contests and fantasy contest operators. This act is
865 designed to strictly regulate the operators of fantasy contests
866 and individuals who participate in such contests and to adopt
867 consumer protections related to fantasy contests. Furthermore,
868 the Legislature finds that fantasy contests, as that term is
869 defined in s. 546.13, involve the skill of contest participants.
870 Section 9. Section 546.13, Florida Statutes, is created to
871 read:
872 546.13 Definitions.—As used in ss. 546.11-546.18, the term:
873 (1) “Act” means ss. 546.11-546.18.
874 (2) “Confidential information” means information related to
875 the playing of fantasy contests by contest participants which is
876 obtained solely as a result of a person’s employment with, or
877 work as an agent of, a contest operator.
878 (3) “Contest operator” means a person or entity that offers
879 fantasy contests for a cash prize to members of the public.
880 (4) “Contest participant” means a person who pays an entry
881 fee for the ability to participate in a fantasy contest offered
882 by a contest operator.
883 (5) “Entry fee” means the cash or cash equivalent amount
884 that is required to be paid by a person to a contest operator to
885 participate in a fantasy contest.
886 (6) “Fantasy contest” means a fantasy or simulation sports
887 game or contest offered by a contest operator or a noncommercial
888 contest operator in which a contest participant manages a
889 fantasy or simulation sports team composed of athletes from a
890 professional sports organization and which meets the following
891 conditions:
892 (a) All prizes and awards offered to winning contest
893 participants are established and made known to the contest
894 participants in advance of the game or contest and their value
895 is not determined by the number of contest participants or the
896 amount of any fees paid by those contest participants.
897 (b) All winning outcomes reflect the relative knowledge and
898 skill of the contest participants and are determined
899 predominantly by accumulated statistical results of the
900 performance of the athletes participating in multiple real-world
901 sporting or other events. However, a winning outcome may not be
902 based:
903 1. On the score, point spread, or any performance or
904 performances of a single real-world team or any combination of
905 such teams;
906 2. Solely on any single performance of an individual
907 athlete in a single real-world sporting or other event;
908 3. On a live pari-mutuel event, as the term “pari-mutuel”
909 is defined in s. 550.002; or
910 4. On the performance of athletes participating in an
911 amateur sporting event.
912 (7) “Noncommercial contest operator” means a person who
913 organizes and conducts a fantasy contest in which contest
914 participants are charged entry fees for the right to
915 participate; entry fees are collected, maintained, and
916 distributed by the same person; and all entry fees are returned
917 to the contest participants in the form of prizes.
918 (8) “Office” means the Office of Contest Amusements created
919 in s. 546.14.
920 Section 10. Section 546.14, Florida Statutes, is created to
921 read:
922 546.14 Office of Contest Amusements.—
923 (1) The Office of Contest Amusements is created within the
924 Department of Business and Professional Regulation. The office
925 shall operate under the supervision of a senior manager exempt
926 under s. 110.205 in the Senior Management Service appointed by
927 the Secretary of Business and Professional Regulation.
928 (2) The duties of the office include, but are not limited
929 to, administering and enforcing this act and any rules adopted
930 pursuant to this act. The office may work with department
931 personnel as needed to assist in fulfilling its duties.
932 (3) The office may:
933 (a) Conduct investigations and monitor the operation and
934 play of fantasy contests.
935 (b) Review the books, accounts, and records of any current
936 or former contest operator.
937 (c) Suspend or revoke any license issued under this act,
938 after a hearing, for any violation of state law or rule.
939 (d) Take testimony, issue summons and subpoenas for any
940 witness, and issue subpoenas duces tecum in connection with any
941 matter within its jurisdiction.
942 (e) Monitor and ensure the proper collection and
943 safeguarding of entry fees and the payment of contest prizes in
944 accordance with consumer protection procedures adopted pursuant
945 to s. 546.16.
946 (4) The office may adopt rules to implement and administer
947 this act.
948 Section 11. Section 546.15, Florida Statutes, is created to
949 read:
950 546.15 Licensing.—
951 (1) A contest operator that offers fantasy contests for
952 play by persons in this state must be licensed by the office to
953 conduct fantasy contests within this state. The initial license
954 application fee is $500,000, and the annual license renewal fee
955 is $100,000; however, the respective fees may not exceed 10
956 percent of the difference between the amount of entry fees
957 collected by a contest operator from the operation of fantasy
958 contests in this state and the amount of cash or cash
959 equivalents paid to contest participants in this state. The
960 office shall require the contest operator to provide written
961 evidence of the proposed amount of entry fees and cash or cash
962 equivalents to be paid to contest participants during the annual
963 license period. Before renewing a license, the contest operator
964 shall provide written evidence to the office of the actual entry
965 fees collected and cash or cash equivalents paid to contest
966 participants during the previous period of licensure. The
967 contest operator shall remit to the office any difference in
968 license fee which results from the difference between the
969 proposed amount of entry fees and cash or cash equivalents paid
970 to contest participants and the actual amounts collected and
971 paid.
972 (2) The office shall grant or deny a completed application
973 within 120 days after receipt. A completed application that is
974 not acted upon by the office within 120 days after receipt is
975 deemed approved, and the office shall issue the license.
976 Applications for a contest operator’s license are exempt from
977 the 90-day licensure timeframe imposed in s. 120.60(1).
978 (3) The application must include:
979 (a) The full name of the applicant.
980 (b) If the applicant is a corporation, the name of the
981 state in which the applicant is incorporated and the names and
982 addresses of the officers, directors, and shareholders who hold
983 15 percent or more equity.
984 (c) If the applicant is a business entity other than a
985 corporation, the names and addresses of each principal, partner,
986 or shareholder who holds 15 percent or more equity.
987 (d) The names and addresses of the ultimate equitable
988 owners of the corporation or other business entity, if different
989 from those provided under paragraphs (b) and (c), unless the
990 securities of the corporation or entity are registered pursuant
991 to s. 12 of the Securities Exchange Act of 1934, 15 U.S.C. ss.
992 78a-78kk, and:
993 1. The corporation or entity files with the United States
994 Securities and Exchange Commission the reports required by s. 13
995 of that act; or
996 2. The securities of the corporation or entity are
997 regularly traded on an established securities market in the
998 United States.
999 (e) The estimated number of fantasy contests to be
1000 conducted by the applicant annually.
1001 (f) A statement of the assets and liabilities of the
1002 applicant.
1003 (g) If required by the office, the names and addresses of
1004 the officers and directors of any creditor of the applicant and
1005 of stockholders who hold more than 10 percent of the stock of
1006 the creditor.
1007 (h) For each individual listed in the application pursuant
1008 to paragraph (a), paragraph (b), paragraph (c) or paragraph (d),
1009 a full set of fingerprints to be submitted to the office or to a
1010 vendor, entity, or agency authorized by s. 943.053(13).
1011 1. The office, vendor, entity, or agency shall forward the
1012 fingerprints to the Department of Law Enforcement for state
1013 processing, and the Department of Law Enforcement shall forward
1014 the fingerprints to the Federal Bureau of Investigation for
1015 national processing.
1016 2. Fees for state and federal fingerprint processing and
1017 retention shall be borne by the applicant. The state cost for
1018 fingerprint processing shall be as provided in s. 943.053(3)(b)
1019 for records provided to persons or entities other than those
1020 specified as exceptions therein.
1021 3. Fingerprints submitted to the Department of Law
1022 Enforcement pursuant to this paragraph shall be retained by the
1023 Department of Law Enforcement as provided in s. 943.05(2)(g) and
1024 (h) and, when the Department of Law Enforcement begins
1025 participation in the program, enrolled in the Federal Bureau of
1026 Investigation’s national retained print arrest notification
1027 program. Any arrest record identified shall be reported to the
1028 department.
1029 (i) For each foreign national, such documents as necessary
1030 to allow the office to conduct criminal history records checks
1031 in the individual’s home country. The applicant must pay the
1032 full cost of processing fingerprints and required documentation.
1033 The office also may charge a $2 handling fee for each set of
1034 fingerprints submitted.
1035 (4) A person or entity is not eligible for licensure as a
1036 contest operator or for licensure renewal if an individual
1037 required to be listed pursuant to paragraph (3)(a), paragraph
1038 (3)(b), paragraph (3)(c), or paragraph (3)(d) is determined by
1039 the office, after investigation, not to be of good moral
1040 character or is found to have been convicted of a felony in this
1041 state, any offense in another jurisdiction which would be
1042 considered a felony if committed in this state, or a felony
1043 under the laws of the United States. As used in this subsection,
1044 the term “convicted” means having been found guilty, with or
1045 without adjudication of guilt, as a result of a jury verdict,
1046 nonjury trial, or entry of a plea of guilty or nolo contendere.
1047 (5) The office may suspend, revoke, or deny the license of
1048 a contest operator who fails to comply with this act or rules
1049 adopted pursuant to this act.
1050 Section 12. Section 546.16, Florida Statutes, is created to
1051 read:
1052 546.16 Consumer protection.—
1053 (1) A contest operator that charges an entry fee to contest
1054 participants shall implement procedures for fantasy contests
1055 which:
1056 (a) Prevent employees of the contest operator, and
1057 relatives living in the same household as such employees, from
1058 competing in a fantasy contest in which a cash prize is awarded.
1059 (b) Prohibit the contest operator from being a contest
1060 participant in a fantasy contest that he or she offers.
1061 (c) Prevent employees or agents of the contest operator
1062 from sharing with a third party confidential information that
1063 could affect fantasy contest play until the information has been
1064 made publicly available.
1065 (d) Verify that contest participants are 18 years of age or
1066 older.
1067 (e) Restrict an individual who is a player, a game
1068 official, or another participant in a real-world game or
1069 competition from participating in a fantasy contest that is
1070 determined, in whole or in part, on the performance of that
1071 individual, the individual’s real-world team, or the accumulated
1072 statistical results of the sport or competition in which he or
1073 she is a player, game official, or other participant.
1074 (f) Allow individuals to restrict or prevent their own
1075 access to such a fantasy contest and take reasonable steps to
1076 prevent those individuals from entering a fantasy contest.
1077 (g) Limit the number of entries a single contest
1078 participant may submit to each fantasy contest and take
1079 reasonable steps to prevent participants from submitting more
1080 than the allowable number of entries.
1081 (h) Segregate contest participants’ funds from operational
1082 funds or maintain a reserve in the form of cash, cash
1083 equivalents, payment processor reserves, payment processor
1084 receivables, an irrevocable letter of credit, a bond, or a
1085 combination thereof in the total amount of deposits in contest
1086 participants’ accounts for the benefit and protection of
1087 authorized contest participants’ funds held in fantasy contest
1088 accounts.
1089 (2) A contest operator that offers fantasy contests in this
1090 state which require contest participants to pay an entry fee
1091 shall annually contract with a third party to perform an
1092 independent audit, consistent with the standards established by
1093 the American Institute of Certified Public Accountants, to
1094 ensure compliance with this act. The contest operator shall
1095 submit the results of the independent audit to the office no
1096 later than 90 days after the end of each annual licensing
1097 period.
1098 Section 13. Section 546.17, Florida Statutes, is created to
1099 read:
1100 546.17 Records and reports.—Each contest operator shall
1101 keep and maintain daily records of its operations and shall
1102 maintain such records for at least 3 years. The records must
1103 sufficiently detail all financial transactions to determine
1104 compliance with the requirements of this act and must be
1105 available for audit and inspection by the office or other law
1106 enforcement agencies during the contest operator’s regular
1107 business hours. The office shall adopt rules to implement this
1108 subsection.
1109 Section 14. Section 546.18, Florida Statutes, is created to
1110 read:
1111 546.18 Penalties; applicability; exemption.—
1112 (1)(a) A contest operator, or an employee or agent thereof,
1113 who violates this act is subject to a civil penalty, not to
1114 exceed $5,000 for each violation and not to exceed $100,000 in
1115 the aggregate, which shall accrue to the state. An action to
1116 recover such penalties may be brought by the office or the
1117 Department of Legal Affairs in the circuit courts in the name
1118 and on behalf of the state.
1119 (b) The penalty provisions established in this subsection
1120 do not apply to violations committed by a contest operator which
1121 occurred prior to the issuance of a license under this act if
1122 the contest operator applies for a license within 90 days after
1123 the effective date of this section and receives a license within
1124 240 days after the effective date of this section.
1125 (2) Fantasy contests conducted by a contest operator or
1126 noncommercial contest operator in accordance with this act are
1127 not subject to s. 849.01, s. 849.08, s. 849.09, s. 849.11, s.
1128 849.14, or s. 849.25.
1129 Section 15. The Division of Law Revision and Information is
1130 directed to replace the phrase “the effective date of this
1131 section” wherever it occurs in s. 546.18, Florida Statutes, with
1132 the date that section becomes effective.
1133 Section 16. Subsection (11) of section 550.002, Florida
1134 Statutes, is amended to read:
1135 550.002 Definitions.—As used in this chapter, the term:
1136 (11)(a) “Full schedule of live racing or games” means:,
1137 1. For a greyhound racing permitholder or jai alai
1138 permitholder, the conduct of a combination of at least 100 live
1139 evening or matinee performances during the preceding year.; for
1140 a permitholder who has a converted permit or filed an
1141 application on or before June 1, 1990, for a converted permit,
1142 the conduct of a combination of at least 100 live evening and
1143 matinee wagering performances during either of the 2 preceding
1144 years;
1145 2. For a jai alai permitholder that who does not possess a
1146 operate slot machine license machines in its pari-mutuel
1147 facility, who has conducted at least 100 live performances per
1148 year for at least 10 years after December 31, 1992, and has had
1149 whose handle on live jai alai games conducted at its pari-mutuel
1150 facility which was has been less than $4 million per state
1151 fiscal year for at least 2 consecutive years after June 30,
1152 1992, the conduct of a combination of at least 40 live evening
1153 or matinee performances during the preceding year.;
1154 3. For a jai alai permitholder that possesses a who
1155 operates slot machine license machines in its pari-mutuel
1156 facility, the conduct of a combination of at least 150
1157 performances during the preceding year.;
1158 4. For a jai alai permitholder that does not possess a slot
1159 machine license, the conduct of at least 58 live performances
1160 during the preceding year, unless the permitholder meets the
1161 requirements of subparagraph 2.
1162 5. For a harness horse racing permitholder, the conduct of
1163 at least 100 live regular wagering performances during the
1164 preceding year.;
1165 6. For a quarter horse racing permitholder at its facility,
1166 unless an alternative schedule of at least 20 live regular
1167 wagering performances each year is agreed upon by the
1168 permitholder and either the Florida Quarter Horse Racing
1169 Association or the horsemen’s association representing the
1170 majority of the quarter horse owners and trainers at the
1171 facility and filed with the division along with its annual
1172 operating license date application:,
1173 a. In the 2010-2011 fiscal year, the conduct of at least 20
1174 regular wagering performances.,
1175 b. In the 2011-2012 and 2012-2013 fiscal years, the conduct
1176 of at least 30 live regular wagering performances., and
1177 c. For every fiscal year after the 2012-2013 fiscal year,
1178 the conduct of at least 40 live regular wagering performances.;
1179 7. For a quarter horse racing permitholder leasing another
1180 licensed racetrack, the conduct of 160 events at the leased
1181 facility during the preceding year.; and
1182 8. For a thoroughbred racing permitholder, the conduct of
1183 at least 40 live regular wagering performances during the
1184 preceding year.
1185 (b) For a permitholder which is restricted by statute to
1186 certain operating periods within the year when other members of
1187 its same class of permit are authorized to operate throughout
1188 the year, the specified number of live performances which
1189 constitute a full schedule of live racing or games shall be
1190 adjusted pro rata in accordance with the relationship between
1191 its authorized operating period and the full calendar year and
1192 the resulting specified number of live performances shall
1193 constitute the full schedule of live games for such permitholder
1194 and all other permitholders of the same class within 100 air
1195 miles of such permitholder. A live performance must consist of
1196 no fewer than eight races or games conducted live for each of a
1197 minimum of three performances each week at the permitholder’s
1198 licensed facility under a single admission charge.
1199 Section 17. Subsections (1), (3), and (6) of section
1200 550.01215, Florida Statutes, are amended, and subsection (7) is
1201 added to that section, to read:
1202 550.01215 License application; periods of operation; bond,
1203 conversion of permit.—
1204 (1) Each permitholder shall annually, during the period
1205 between December 15 and January 4, file in writing with the
1206 division its application for an operating a license to conduct
1207 pari-mutuel wagering during the next fiscal year, including
1208 intertrack and simulcast race wagering for greyhound racing
1209 permitholders, jai alai permitholders, harness horse racing
1210 permitholders, quarter horse racing permitholders, and
1211 thoroughbred horse racing permitholders that do not to conduct
1212 live performances during the next state fiscal year. Each
1213 application for live performances must shall specify the number,
1214 dates, and starting times of all live performances that which
1215 the permitholder intends to conduct. It must shall also specify
1216 which performances will be conducted as charity or scholarship
1217 performances.
1218 (a) In addition, Each application for an operating a
1219 license also must shall include:,
1220 1. For each permitholder, whether the permitholder intends
1221 to accept wagers on intertrack or simulcast events. As a
1222 condition on the ability to accept wagers on intertrack or
1223 simulcast events, each permitholder accepting wagers on
1224 intertrack or simulcast events must make available for wagering
1225 to its patrons all available live races conducted by
1226 thoroughbred horse permitholders.
1227 2. For each permitholder that elects which elects to
1228 operate a cardroom, the dates and periods of operation the
1229 permitholder intends to operate the cardroom. or,
1230 3. For each thoroughbred racing permitholder that which
1231 elects to receive or rebroadcast out-of-state races after 7
1232 p.m., the dates for all performances which the permitholder
1233 intends to conduct.
1234 (b) A greyhound racing permitholder that conducted a full
1235 schedule of live racing for a period of at least 10 consecutive
1236 state fiscal years after the 1996-1997 state fiscal year, or
1237 that converted its permit to a permit to conduct greyhound
1238 racing after the 1996-1997 state fiscal year, may specify in its
1239 application for an operating license that it does not intend to
1240 conduct live racing, or that it intends to conduct less than a
1241 full schedule of live racing, in the next state fiscal year. A
1242 greyhound racing permitholder may receive an operating license
1243 to conduct pari-mutuel wagering activities at another
1244 permitholder’s greyhound racing facility pursuant to s. 550.475.
1245 (c)1. A thoroughbred horse racing permitholder that has
1246 conducted live racing for at least 5 years may elect not to
1247 conduct live racing, if such election is made within 30 days
1248 after the effective date of this act. A thoroughbred horse
1249 racing permitholder that makes such election may retain such
1250 permit, must specify in future applications for an operating
1251 license that it does not intend to conduct live racing, and is a
1252 pari-mutuel facility as defined in s. 550.002(23).
1253 2. If a thoroughbred horse racing permitholder makes such
1254 election and if such permitholder holds a slot machine license
1255 when such election is made, the facility where such permit is
1256 located:
1257 a. Remains an eligible facility pursuant to s. 551.102(4),
1258 and continues to be eligible for a slot machine license;
1259 b. Is exempt from ss. 550.5251, 551.104(3) and (4)(c)1.,
1260 and 551.114(2) and (4);
1261 c. Is eligible, but not required, to be a guest track for
1262 purposes of intertrack wagering and simulcasting; and
1263 d. Remains eligible for a cardroom license, notwithstanding
1264 any requirement for the conduct of live racing pursuant to s.
1265 849.086.
1266 3. A thoroughbred horse racing permitholder that makes such
1267 election shall comply with all contracts regarding contributions
1268 by such permitholder to thoroughbred horse purse supplements or
1269 breeders’ awards entered into before the effective date of this
1270 act pursuant to s. 551.104(10)(a). At the time of such election,
1271 such permitholder shall file with the division an irrevocable
1272 consent that such contributions shall be allowed to be used for
1273 purses and awards on live races at other thoroughbred horse
1274 racing facilities in this state. This subparagraph and s.
1275 551.104(10)(a) shall not apply after December 31, 2020, to a
1276 thoroughbred horse racing permitholder that made such election.
1277 (d) Any harness horse racing permitholder and any quarter
1278 horse racing permitholder that has held an operating license for
1279 at least 5 years is exempt from the live racing requirements of
1280 this subsection and may specify in its annual application for an
1281 operating license that it does not intend to conduct live
1282 racing, or that it intends to conduct less than a full schedule
1283 of live racing, in the next state fiscal year.
1284 (e) A jai alai permitholder that has held an operating
1285 license for at least 5 years is exempt from the live jai alai
1286 requirements of this subsection and may specify in its annual
1287 application for an operating license that it does not intend to
1288 conduct live jai alai, or that it intends to conduct less than a
1289 full schedule of live jai alai, in the next state fiscal year.
1290
1291 A permitholder described in paragraph (b), paragraph (d), or
1292 paragraph (e) may retain its permit; is a pari-mutuel facility
1293 as defined in s. 550.002(23); if such permitholder has been
1294 issued a slot machine license, the facility where such permit is
1295 located remains an eligible facility as defined in s.
1296 551.102(4), continues to be eligible for a slot machine license,
1297 and is exempt from ss. 551.104(3) and (4)(c)1. and 551.114(2)
1298 and (4); is eligible, but not required, to be a guest track and,
1299 if the permitholder is a harness horse racing permitholder, a
1300 host track for purposes of intertrack wagering and simulcasting
1301 pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and,
1302 if such permitholder has been issued a cardroom license, remains
1303 eligible for a cardroom license notwithstanding any requirement
1304 for the conduct of live racing performances contained in s.
1305 849.086.
1306 (f) Permitholders may shall be entitled to amend their
1307 applications through February 28.
1308 (3) The division shall issue each license no later than
1309 March 15. Each permitholder shall operate all performances at
1310 the date and time specified on its license. The division shall
1311 have the authority to approve minor changes in racing dates
1312 after a license has been issued. The division may approve
1313 changes in racing dates after a license has been issued when
1314 there is no objection from any operating permitholder located
1315 within 50 miles of the permitholder requesting the changes in
1316 operating dates. In the event of an objection, the division
1317 shall approve or disapprove the change in operating dates based
1318 upon the impact on operating permitholders located within 50
1319 miles of the permitholder requesting the change in operating
1320 dates. In making the determination to change racing dates, the
1321 division shall take into consideration the impact of such
1322 changes on state revenues. Notwithstanding any other provision
1323 of law, and for the 2017-2018 fiscal year only, the division may
1324 approve changes in racing dates for permitholders if the request
1325 for such changes is received before August 31, 2017.
1326 (6) A summer jai alai permitholder may apply for an
1327 operating license to operate a jai alai fronton only during the
1328 summer season beginning May 1 and ending November 30 of each
1329 year on such dates as may be selected by the permitholder. Such
1330 permitholder is subject to the same taxes, rules, and provisions
1331 of this chapter which apply to the operation of winter jai alai
1332 frontons. A summer jai alai permitholder is not eligible for
1333 licensure to operate a slot machine facility. A summer jai alai
1334 permitholder and a winter jai alai permitholder may not operate
1335 on the same days or in competition with each other. This
1336 subsection does not prevent a summer jai alai licensee from
1337 leasing the facilities of a winter jai alai licensee for the
1338 operation of a summer meet Any permit which was converted from a
1339 jai alai permit to a greyhound permit may be converted to a jai
1340 alai permit at any time if the permitholder never conducted
1341 greyhound racing or if the permitholder has not conducted
1342 greyhound racing for a period of 12 consecutive months.
1343 (7) In addition to seeking a license under any other
1344 provision of this section, if any of the following conditions
1345 exist on February 1 of any year, the holder of a limited
1346 thoroughbred racing permit under s. 550.3345 which did not file
1347 an application for live performances between December 15 and
1348 January 31 may apply to conduct live performances, and such
1349 application must be filed before March 31, with the resulting
1350 license issued no later than April 15:
1351 (a) All thoroughbred racing permitholders with slot machine
1352 licenses have not collectively sought pari-mutuel wagering
1353 licenses for at least 160 performances and a minimum of 1,760
1354 races in the next state fiscal year.
1355 (b) All thoroughbred racing permitholders have not
1356 collectively sought pari-mutuel wagering licenses for at least
1357 200 performances or a minimum of 1,760 races in the next state
1358 fiscal year.
1359 (c) All thoroughbred racing permitholders did not
1360 collectively run at least 1,760 races in the previous state
1361 fiscal year.
1362 Section 18. Subsection (1) of section 550.0251, Florida
1363 Statutes, is amended to read:
1364 550.0251 The powers and duties of the Division of Pari
1365 mutuel Wagering of the Department of Business and Professional
1366 Regulation.—The division shall administer this chapter and
1367 regulate the pari-mutuel industry under this chapter and the
1368 rules adopted pursuant thereto, and:
1369 (1) The division shall make an annual report for the prior
1370 fiscal year to the Governor, the President of the Senate, and
1371 the Speaker of the House of Representatives. The report shall
1372 include, at a minimum:
1373 (a) Recent events in the gaming industry, including pending
1374 litigation involving permitholders; pending permitholder,
1375 facility, cardroom, slot, or operating license applications; and
1376 new and pending rules.
1377 (b) Actions of the department relating to the
1378 implementation and administration of this chapter, and chapters
1379 551 and 849.
1380 (c) The state revenues and expenses associated with each
1381 form of authorized gaming. Revenues and expenses associated with
1382 pari-mutuel wagering must be further delineated by the class of
1383 license.
1384 (d) The performance of each pari-mutuel wagering licensee,
1385 cardroom licensee, and slot machine licensee.
1386 (e) A summary of disciplinary actions taken by the
1387 department.
1388 (f) Any suggestions to more effectively achieve showing its
1389 own actions, receipts derived under the provisions of this
1390 chapter, the practical effects of the application of this
1391 chapter, and any suggestions it may approve for the more
1392 effectual accomplishments of the purposes of this chapter.
1393 Section 19. Paragraphs (a) and (b) of subsection (9) of
1394 section 550.054, Florida Statutes, are amended, and paragraphs
1395 (c) through (g) are added to that subsection, and paragraph (a)
1396 of subsection (11) and subsections (13) and (14) of that section
1397 are amended, to read:
1398 550.054 Application for permit to conduct pari-mutuel
1399 wagering.—
1400 (9)(a) After a permit has been granted by the division and
1401 has been ratified and approved by the majority of the electors
1402 participating in the election in the county designated in the
1403 permit, the division shall grant to the lawful permitholder,
1404 subject to the conditions of this chapter, a license to conduct
1405 pari-mutuel operations under this chapter, and, except as
1406 provided in s. 550.5251, the division shall fix annually the
1407 time, place, and number of days during which pari-mutuel
1408 operations may be conducted by the permitholder at the location
1409 fixed in the permit and ratified in the election. After the
1410 first license has been issued to the holder of a ratified permit
1411 for racing in any county, all subsequent annual applications for
1412 a license by that permitholder must be accompanied by proof, in
1413 such form as the division requires, that the ratified
1414 permitholder still possesses all the qualifications prescribed
1415 by this chapter and that the permit has not been recalled at a
1416 later election held in the county.
1417 (b) The division may revoke or suspend any permit or
1418 license issued under this chapter upon a the willful violation
1419 by the permitholder or licensee of any provision of this
1420 chapter, chapter 551, s. 849.086, or rules of any rule adopted
1421 pursuant thereto under this chapter. With the exception of the
1422 revocation of permits required in paragraphs (c), (d), (f), and
1423 (g), In lieu of suspending or revoking a permit or license, the
1424 division may, in lieu of suspending or revoking a permit or
1425 license, impose a civil penalty against the permitholder or
1426 licensee for a violation of this chapter, chapter 551, s.
1427 849.086, or rules adopted pursuant thereto any rule adopted by
1428 the division. The penalty so imposed may not exceed $1,000 for
1429 each count or separate offense. All penalties imposed and
1430 collected must be deposited with the Chief Financial Officer to
1431 the credit of the General Revenue Fund.
1432 (c) Unless a failure to obtain an operating license and to
1433 operate was the direct result of fire, strike, war, or other
1434 disaster or event beyond the permitholder’s control, the
1435 division shall revoke the permit of any permitholder that has
1436 not obtained an operating license in accordance with s.
1437 550.01215 for a period of more than 24 consecutive months after
1438 June 30, 2012. The division shall revoke the permit upon
1439 adequate notice to the permitholder. Financial hardship to the
1440 permitholder does not, in and of itself, constitute just cause
1441 for failure to operate.
1442 (d) The division shall revoke the permit of any
1443 permitholder that fails to make payments that are due pursuant
1444 to s. 550.0951 for more than 24 consecutive months unless such
1445 failure to pay the tax due on handle was the direct result of
1446 fire, strike, war, or other disaster or event beyond the
1447 permitholder’s control. Financial hardship to the permitholder
1448 does not, in and of itself, constitute just cause for failure to
1449 pay tax on handle.
1450 (e) Notwithstanding any other law, a new permit to conduct
1451 pari-mutuel wagering may not be approved or issued 30 days after
1452 the effective date of this act.
1453 (f) A permit revoked under this subsection is void and may
1454 not be reissued.
1455 (g) A permitholder may apply to the division to place the
1456 permit into inactive status for a period of 12 months pursuant
1457 to division rule. The division, upon good cause shown by the
1458 permitholder, may renew inactive status for a period of up to 12
1459 months, but a permit may not be in inactive status for a period
1460 of more than 24 consecutive months. Holders of permits in
1461 inactive status are not eligible for licensure for pari-mutuel
1462 wagering, slot machines, or cardrooms.
1463 (11)(a) A permit granted under this chapter may not be
1464 transferred or assigned except upon written approval by the
1465 division pursuant to s. 550.1815, except that the holder of any
1466 permit that has been converted to a jai alai permit may lease or
1467 build anywhere within the county in which its permit is located.
1468 (13)(a) Notwithstanding any provision provisions of this
1469 chapter or chapter 551, a pari-mutuel no thoroughbred horse
1470 racing permit or license issued under this chapter or chapter
1471 551 may not shall be transferred, or reissued when such
1472 reissuance is in the nature of a transfer so as to permit or
1473 authorize a licensee to change the location of a pari-mutuel
1474 facility, cardroom, or slot machine facility, except through the
1475 relocation of the pari-mutuel permit pursuant to s. 550.0555.
1476 thoroughbred horse racetrack except upon proof in such form as
1477 the division may prescribe that a referendum election has been
1478 held:
1479 1. If the proposed new location is within the same county
1480 as the already licensed location, in the county where the
1481 licensee desires to conduct the race meeting and that a majority
1482 of the electors voting on that question in such election voted
1483 in favor of the transfer of such license.
1484 2. If the proposed new location is not within the same
1485 county as the already licensed location, in the county where the
1486 licensee desires to conduct the race meeting and in the county
1487 where the licensee is already licensed to conduct the race
1488 meeting and that a majority of the electors voting on that
1489 question in each such election voted in favor of the transfer of
1490 such license.
1491 (b) Each referendum held under the provisions of this
1492 subsection shall be held in accordance with the electoral
1493 procedures for ratification of permits, as provided in s.
1494 550.0651. The expense of each such referendum shall be borne by
1495 the licensee requesting the transfer.
1496 (14)(a) Any holder of a permit to conduct jai alai may
1497 apply to the division to convert such permit to a permit to
1498 conduct greyhound racing in lieu of jai alai if:
1499 1. Such permit is located in a county in which the division
1500 has issued only two pari-mutuel permits pursuant to this
1501 section;
1502 2. Such permit was not previously converted from any other
1503 class of permit; and
1504 3. The holder of the permit has not conducted jai alai
1505 games during a period of 10 years immediately preceding his or
1506 her application for conversion under this subsection.
1507 (b) The division, upon application from the holder of a jai
1508 alai permit meeting all conditions of this section, shall
1509 convert the permit and shall issue to the permitholder a permit
1510 to conduct greyhound racing. A permitholder of a permit
1511 converted under this section shall be required to apply for and
1512 conduct a full schedule of live racing each fiscal year to be
1513 eligible for any tax credit provided by this chapter. The holder
1514 of a permit converted pursuant to this subsection or any holder
1515 of a permit to conduct greyhound racing located in a county in
1516 which it is the only permit issued pursuant to this section who
1517 operates at a leased facility pursuant to s. 550.475 may move
1518 the location for which the permit has been issued to another
1519 location within a 30-mile radius of the location fixed in the
1520 permit issued in that county, provided the move does not cross
1521 the county boundary and such location is approved under the
1522 zoning regulations of the county or municipality in which the
1523 permit is located, and upon such relocation may use the permit
1524 for the conduct of pari-mutuel wagering and the operation of a
1525 cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
1526 apply to any permit converted under this subsection and shall
1527 continue to apply to any permit which was previously included
1528 under and subject to such provisions before a conversion
1529 pursuant to this section occurred.
1530 Section 20. Section 550.0555, Florida Statutes, is amended
1531 to read:
1532 550.0555 Permitholder Greyhound dogracing permits;
1533 relocation within a county; conditions.—
1534 (1) It is the finding of the Legislature that pari-mutuel
1535 wagering on greyhound dogracing provides substantial revenues to
1536 the state. It is the further finding that, in some cases, this
1537 revenue-producing ability is hindered due to the lack of
1538 provisions allowing the relocation of existing dogracing
1539 operations. It is therefore declared that state revenues derived
1540 from greyhound dogracing will continue to be jeopardized if
1541 provisions allowing the relocation of such greyhound racing
1542 permits are not implemented. This enactment is made pursuant to,
1543 and for the purpose of, implementing such provisions.
1544 (2) The following permitholders are Any holder of a valid
1545 outstanding permit for greyhound dogracing in a county in which
1546 there is only one dogracing permit issued, as well as any holder
1547 of a valid outstanding permit for jai alai in a county where
1548 only one jai alai permit is issued, is authorized, without the
1549 necessity of an additional county referendum required under s.
1550 550.0651, to move the location for which the permit has been
1551 issued to another location within a 30-mile radius of the
1552 location fixed in the permit issued in that county, provided the
1553 move does not cross the county boundary, that such relocation is
1554 approved under the zoning regulations of the county or
1555 municipality in which the permit is to be located as a planned
1556 development use, consistent with the comprehensive plan, and
1557 that such move is approved by the department after it is
1558 determined that the new location is an existing pari-mutuel
1559 facility that has held an operating license for at least 5
1560 consecutive years since 2010 or is at least 10 miles from an
1561 existing pari-mutuel facility and, if within a county with three
1562 or more pari-mutuel permits, is at least 10 miles from the
1563 waters of the Atlantic Ocean:
1564 (a) Any holder of a valid outstanding greyhound racing
1565 permit that was previously converted from a jai alai permit;
1566 (b) Any holder of a valid outstanding greyhound racing
1567 permit in a county in which there is only one greyhound racing
1568 permit issued; and
1569 (c) Any holder of a valid outstanding jai alai permit in a
1570 county in which there is only one jai alai permit issued. at a
1571 proceeding pursuant to chapter 120 in the county affected that
1572 the move is necessary to ensure the revenue-producing capability
1573 of the permittee without deteriorating the revenue-producing
1574 capability of any other pari-mutuel permittee within 50 miles;
1575
1576 The distances distance shall be measured on a straight line from
1577 the nearest property line of one racing plant or jai alai
1578 fronton to the nearest property line of the other and the
1579 nearest mean high tide line of the Atlantic Ocean.
1580 Section 21. Section 550.0745, Florida Statutes, is
1581 repealed.
1582 Section 22. Section 550.0951, Florida Statutes, is amended
1583 to read:
1584 550.0951 Payment of daily license fee and taxes;
1585 penalties.—
1586 (1)(a) DAILY LICENSE FEE.—Each person engaged in the
1587 business of conducting race meetings or jai alai games under
1588 this chapter, hereinafter referred to as the “permitholder,”
1589 “licensee,” or “permittee,” shall pay to the division, for the
1590 use of the division, a daily license fee on each live or
1591 simulcast pari-mutuel event of $100 for each horserace, and $80
1592 for each greyhound race, dograce and $40 for each jai alai game,
1593 any of which is conducted at a racetrack or fronton licensed
1594 under this chapter. A In addition to the tax exemption specified
1595 in s. 550.09514(1) of $360,000 or $500,000 per greyhound
1596 permitholder per state fiscal year, each greyhound permitholder
1597 shall receive in the current state fiscal year a tax credit
1598 equal to the number of live greyhound races conducted in the
1599 previous state fiscal year times the daily license fee specified
1600 for each dograce in this subsection applicable for the previous
1601 state fiscal year. This tax credit and the exemption in s.
1602 550.09514(1) shall be applicable to any tax imposed by this
1603 chapter or the daily license fees imposed by this chapter except
1604 during any charity or scholarship performances conducted
1605 pursuant to s. 550.0351. Each permitholder may not be required
1606 to shall pay daily license fees in excess of not to exceed $500
1607 per day on any simulcast races or games on which such
1608 permitholder accepts wagers, regardless of the number of out-of
1609 state events taken or the number of out-of-state locations from
1610 which such events are taken. This license fee shall be deposited
1611 with the Chief Financial Officer to the credit of the Pari
1612 mutuel Wagering Trust Fund.
1613 (b) Each permitholder that cannot utilize the full amount
1614 of the exemption of $360,000 or $500,000 provided in s.
1615 550.09514(1) or the daily license fee credit provided in this
1616 section may, after notifying the division in writing, elect once
1617 per state fiscal year on a form provided by the division to
1618 transfer such exemption or credit or any portion thereof to any
1619 greyhound permitholder which acts as a host track to such
1620 permitholder for the purpose of intertrack wagering. Once an
1621 election to transfer such exemption or credit is filed with the
1622 division, it shall not be rescinded. The division shall
1623 disapprove the transfer when the amount of the exemption or
1624 credit or portion thereof is unavailable to the transferring
1625 permitholder or when the permitholder who is entitled to
1626 transfer the exemption or credit or who is entitled to receive
1627 the exemption or credit owes taxes to the state pursuant to a
1628 deficiency letter or administrative complaint issued by the
1629 division. Upon approval of the transfer by the division, the
1630 transferred tax exemption or credit shall be effective for the
1631 first performance of the next payment period as specified in
1632 subsection (5). The exemption or credit transferred to such host
1633 track may be applied by such host track against any taxes
1634 imposed by this chapter or daily license fees imposed by this
1635 chapter. The greyhound permitholder host track to which such
1636 exemption or credit is transferred shall reimburse such
1637 permitholder the exact monetary value of such transferred
1638 exemption or credit as actually applied against the taxes and
1639 daily license fees of the host track. The division shall ensure
1640 that all transfers of exemption or credit are made in accordance
1641 with this subsection and shall have the authority to adopt rules
1642 to ensure the implementation of this section.
1643 (2) ADMISSION TAX.—
1644 (a) An admission tax equal to 15 percent of the admission
1645 charge for entrance to the permitholder’s facility and
1646 grandstand area, or 10 cents, whichever is greater, is imposed
1647 on each person attending a horserace, greyhound race dograce, or
1648 jai alai game. The permitholder is shall be responsible for
1649 collecting the admission tax.
1650 (b) The No admission tax imposed under this chapter and or
1651 chapter 212 may not shall be imposed on any free passes or
1652 complimentary cards issued to persons for which there is no cost
1653 to the person for admission to pari-mutuel events.
1654 (c) A permitholder may issue tax-free passes to its
1655 officers, officials, and employees and to or other persons
1656 actually engaged in working at the racetrack, including
1657 accredited media press representatives such as reporters and
1658 editors, and may also issue tax-free passes to other
1659 permitholders for the use of their officers and officials. The
1660 permitholder shall file with the division a list of all persons
1661 to whom tax-free passes are issued under this paragraph.
1662 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
1663 contributions to pari-mutuel pools, the aggregate of which is
1664 hereinafter referred to as “handle,” on races or games conducted
1665 by the permitholder. The tax is imposed daily and is based on
1666 the total contributions to all pari-mutuel pools conducted
1667 during the daily performance. If a permitholder conducts more
1668 than one performance daily, the tax is imposed on each
1669 performance separately.
1670 (a) The tax on handle for quarter horse racing is 1.0
1671 percent of the handle.
1672 (b)1. The tax on handle for greyhound racing dogracing is
1673 1.28 5.5 percent of the handle, except that for live charity
1674 performances held pursuant to s. 550.0351, and for intertrack
1675 wagering on such charity performances at a guest greyhound track
1676 within the market area of the host, the tax is 7.6 percent of
1677 the handle.
1678 2. The tax on handle for jai alai is 7.1 percent of the
1679 handle.
1680 (c)1. The tax on handle for intertrack wagering is:
1681 a. If the host track is a horse track, 2.0 percent of the
1682 handle.
1683 b. If the host track is a harness horse racetrack track,
1684 3.3 percent of the handle.
1685 c. If the host track is a greyhound racing harness track,
1686 1.28 5.5 percent of the handle, to be remitted by the guest
1687 track. if the host track is a dog track, and
1688 d. If the host track is a jai alai fronton, 7.1 percent of
1689 the handle if the host track is a jai alai fronton.
1690 e. The tax on handle for intertrack wagering is 0.5 percent
1691 If the host track and the guest track are thoroughbred racing
1692 permitholders or if the guest track is located outside the
1693 market area of a the host track that is not a greyhound racing
1694 track and within the market area of a thoroughbred racing
1695 permitholder currently conducting a live race meet, 0.5 percent
1696 of the handle.
1697 f. The tax on handle For intertrack wagering on
1698 rebroadcasts of simulcast thoroughbred horseraces, is 2.4
1699 percent of the handle and 1.5 percent of the handle for
1700 intertrack wagering on rebroadcasts of simulcast harness
1701 horseraces, 1.5 percent of the handle.
1702 2. The tax shall be deposited into the Pari-mutuel Wagering
1703 Trust Fund.
1704 3.2. The tax on handle for intertrack wagers accepted by
1705 any greyhound racing dog track located in an area of the state
1706 in which there are only three permitholders, all of which are
1707 greyhound racing permitholders, located in three contiguous
1708 counties, from any greyhound racing permitholder also located
1709 within such area or any greyhound racing dog track or jai alai
1710 fronton located as specified in s. 550.615(7) s. 550.615(6) or
1711 (9), on races or games received from any jai alai the same class
1712 of permitholder located within the same market area is 1.28 3.9
1713 percent of the handle if the host facility is a greyhound racing
1714 permitholder. and, If the host facility is a jai alai
1715 permitholder, the tax is rate shall be 6.1 percent of the handle
1716 until except that it shall be 2.3 percent on handle at such time
1717 as the total tax on intertrack handle paid to the division by
1718 the permitholder during the current state fiscal year exceeds
1719 the total tax on intertrack handle paid to the division by the
1720 permitholder during the 1992-1993 state fiscal year, in which
1721 case the tax is 2.3 percent of the handle.
1722 (d) Notwithstanding any other provision of this chapter, in
1723 order to protect the Florida jai alai industry, effective July
1724 1, 2000, a jai alai permitholder may not be taxed on live handle
1725 at a rate higher than 2 percent.
1726 (4) BREAKS TAX.—Effective October 1, 1996, each
1727 permitholder conducting jai alai performances shall pay a tax
1728 equal to the breaks. As used in this subsection, the term
1729 “breaks” means the money that remains in each pari-mutuel pool
1730 after funds are The “breaks” represents that portion of each
1731 pari-mutuel pool which is not redistributed to the contributors
1732 and commissions are or withheld by the permitholder as
1733 commission.
1734 (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
1735 imposed by this section shall be paid to the division. The
1736 division shall deposit such payments these sums with the Chief
1737 Financial Officer, to the credit of the Pari-mutuel Wagering
1738 Trust Fund, hereby established. The permitholder shall remit to
1739 the division payment for the daily license fee, the admission
1740 tax, the tax on handle, and the breaks tax. Such payments must
1741 shall be remitted by 3 p.m. on Wednesday of each week for taxes
1742 imposed and collected for the preceding week ending on Sunday.
1743 Beginning on July 1, 2012, such payments must shall be remitted
1744 by 3 p.m. on the 5th day of each calendar month for taxes
1745 imposed and collected for the preceding calendar month. If the
1746 5th day of the calendar month falls on a weekend, payments must
1747 shall be remitted by 3 p.m. the first Monday following the
1748 weekend. Permitholders shall file a report under oath by the 5th
1749 day of each calendar month for all taxes remitted during the
1750 preceding calendar month. Such payments must shall be
1751 accompanied by a report under oath showing the total of all
1752 admissions, the pari-mutuel wagering activities for the
1753 preceding calendar month, and any such other information as may
1754 be prescribed by the division.
1755 (6) PENALTIES.—
1756 (a) The failure of any permitholder to make payments as
1757 prescribed in subsection (5) is a violation of this section, and
1758 the permitholder may be subjected by the division may impose to
1759 a civil penalty against the permitholder of up to $1,000 for
1760 each day the tax payment is not remitted. All penalties imposed
1761 and collected shall be deposited in the General Revenue Fund. If
1762 a permitholder fails to pay penalties imposed by order of the
1763 division under this subsection, the division may suspend or
1764 revoke the license of the permitholder, cancel the permit of the
1765 permitholder, or deny issuance of any further license or permit
1766 to the permitholder.
1767 (b) In addition to the civil penalty prescribed in
1768 paragraph (a), any willful or wanton failure by any permitholder
1769 to make payments of the daily license fee, admission tax, tax on
1770 handle, or breaks tax constitutes sufficient grounds for the
1771 division to suspend or revoke the license of the permitholder,
1772 to cancel the permit of the permitholder, or to deny issuance of
1773 any further license or permit to the permitholder.
1774 Section 23. Subsection (4) of section 550.09511, Florida
1775 Statutes, is repealed.
1776 Section 24. Section 550.09512, Florida Statutes, is amended
1777 to read:
1778 550.09512 Harness horse racing taxes; abandoned interest in
1779 a permit for nonpayment of taxes.—
1780 (1) Pari-mutuel wagering at harness horse racetracks in
1781 this state is an important business enterprise, and taxes
1782 derived therefrom constitute a part of the tax structure which
1783 funds operation of the state. Harness horse racing permitholders
1784 should pay their fair share of these taxes to the state. This
1785 business interest should not be taxed to such an extent as to
1786 cause any racetrack which is operated under sound business
1787 principles to be forced out of business. Due to the need to
1788 protect the public health, safety, and welfare, the gaming laws
1789 of the state provide for the harness horse racing industry to be
1790 highly regulated and taxed. The state recognizes that there
1791 exist identifiable differences between harness horse racing
1792 permitholders based upon their ability to operate under such
1793 regulation and tax system.
1794 (2)(a) The tax on handle for live harness horse racing
1795 performances is 0.5 percent of handle per performance.
1796 (b) For purposes of this section, the term “handle” shall
1797 have the same meaning as in s. 550.0951, and does shall not
1798 include handle from intertrack wagering.
1799 (3)(a) The division shall revoke the permit of a harness
1800 horse racing permitholder that who does not pay the tax due on
1801 handle for live harness horse racing performances for a full
1802 schedule of live races for more than 24 consecutive months
1803 during any 2 consecutive state fiscal years shall be void and
1804 shall escheat to and become the property of the state unless
1805 such failure to operate and pay tax on handle was the direct
1806 result of fire, strike, war, or other disaster or event beyond
1807 the ability of the permitholder to control. Financial hardship
1808 to the permitholder does shall not, in and of itself, constitute
1809 just cause for failure to operate and pay tax on handle. A
1810 permit revoked under this subsection is void and may not be
1811 reissued.
1812 (b) In order to maximize the tax revenues to the state, the
1813 division shall reissue an escheated harness horse permit to a
1814 qualified applicant pursuant to the provisions of this chapter
1815 as for the issuance of an initial permit. However, the
1816 provisions of this chapter relating to referendum requirements
1817 for a pari-mutuel permit shall not apply to the reissuance of an
1818 escheated harness horse permit. As specified in the application
1819 and upon approval by the division of an application for the
1820 permit, the new permitholder shall be authorized to operate a
1821 harness horse facility anywhere in the same county in which the
1822 escheated permit was authorized to be operated, notwithstanding
1823 the provisions of s. 550.054(2) relating to mileage limitations.
1824 (4) In the event that a court of competent jurisdiction
1825 determines any of the provisions of this section to be
1826 unconstitutional, it is the intent of the Legislature that the
1827 provisions contained in this section shall be null and void and
1828 that the provisions of s. 550.0951 shall apply to all harness
1829 horse racing permitholders beginning on the date of such
1830 judicial determination. To this end, the Legislature declares
1831 that it would not have enacted any of the provisions of this
1832 section individually and, to that end, expressly finds them not
1833 to be severable.
1834 Section 25. Section 550.09514, Florida Statutes, is amended
1835 to read:
1836 550.09514 Greyhound racing dogracing taxes; purse
1837 requirements.—
1838 (1) Wagering on greyhound racing is subject to a tax on
1839 handle for live greyhound racing as specified in s. 550.0951(3).
1840 However, each permitholder shall pay no tax on handle until such
1841 time as this subsection has resulted in a tax savings per state
1842 fiscal year of $360,000. Thereafter, each permitholder shall pay
1843 the tax as specified in s. 550.0951(3) on all handle for the
1844 remainder of the permitholder’s current race meet. For the three
1845 permitholders that conducted a full schedule of live racing in
1846 1995, and are closest to another state that authorizes greyhound
1847 pari-mutuel wagering, the maximum tax savings per state fiscal
1848 year shall be $500,000. The provisions of this subsection
1849 relating to tax exemptions shall not apply to any charity or
1850 scholarship performances conducted pursuant to s. 550.0351.
1851 (1)(a)(2)(a) The division shall determine for each
1852 greyhound racing permitholder the annual purse percentage rate
1853 of live handle for the state fiscal year 1993-1994 by dividing
1854 total purses paid on live handle by the permitholder, exclusive
1855 of payments made from outside sources, during the 1993-1994
1856 state fiscal year by the permitholder’s live handle for the
1857 1993-1994 state fiscal year. A greyhound racing Each
1858 permitholder conducting live racing during a fiscal year shall
1859 pay as purses for such live races conducted during its current
1860 race meet a percentage of its live handle not less than the
1861 percentage determined under this paragraph, exclusive of
1862 payments made by outside sources, for its 1993-1994 state fiscal
1863 year.
1864 (b) Except as otherwise set forth herein, in addition to
1865 the minimum purse percentage required by paragraph (a), each
1866 greyhound racing permitholder conducting live racing during a
1867 fiscal year shall pay as purses an annual amount of $60 for each
1868 live race conducted equal to 75 percent of the daily license
1869 fees paid by the greyhound racing each permitholder in for the
1870 preceding 1994-1995 fiscal year. These This purse supplement
1871 shall be disbursed weekly during the permitholder’s race meet in
1872 an amount determined by dividing the annual purse supplement by
1873 the number of performances approved for the permitholder
1874 pursuant to its annual license and multiplying that amount by
1875 the number of performances conducted each week. For the
1876 greyhound permitholders in the county where there are two
1877 greyhound permitholders located as specified in s. 550.615(6),
1878 such permitholders shall pay in the aggregate an amount equal to
1879 75 percent of the daily license fees paid by such permitholders
1880 for the 1994-1995 fiscal year. These permitholders shall be
1881 jointly and severally liable for such purse payments. The
1882 additional purses provided by this paragraph must be used
1883 exclusively for purses other than stakes and disbursed weekly
1884 during the permitholder’s race meet. The division shall conduct
1885 audits necessary to ensure compliance with this section.
1886 (c)1. Each greyhound racing permitholder, when conducting
1887 at least three live performances during any week, shall pay
1888 purses in that week on wagers it accepts as a guest track on
1889 intertrack and simulcast greyhound races at the same rate as it
1890 pays on live races. Each greyhound racing permitholder, when
1891 conducting at least three live performances during any week,
1892 shall pay purses in that week, at the same rate as it pays on
1893 live races, on wagers accepted on greyhound races at a guest
1894 track that which is not conducting live racing and is located
1895 within the same market area as the greyhound racing permitholder
1896 conducting at least three live performances during any week.
1897 2. Each host greyhound racing permitholder shall pay purses
1898 on its simulcast and intertrack broadcasts of greyhound races to
1899 guest facilities that are located outside its market area in an
1900 amount equal to one quarter of an amount determined by
1901 subtracting the transmission costs of sending the simulcast or
1902 intertrack broadcasts from an amount determined by adding the
1903 fees received for greyhound simulcast races plus 3 percent of
1904 the greyhound intertrack handle at guest facilities that are
1905 located outside the market area of the host and that paid
1906 contractual fees to the host for such broadcasts of greyhound
1907 races.
1908 (d) The division shall require sufficient documentation
1909 from each greyhound racing permitholder regarding purses paid on
1910 live racing to assure that the annual purse percentage rates
1911 paid by each greyhound racing permitholder conducting on the
1912 live races are not reduced below those paid during the 1993-1994
1913 state fiscal year. The division shall require sufficient
1914 documentation from each greyhound racing permitholder to assure
1915 that the purses paid by each permitholder on the greyhound
1916 intertrack and simulcast broadcasts are in compliance with the
1917 requirements of paragraph (c).
1918 (e) In addition to the purse requirements of paragraphs
1919 (a)-(c), each greyhound racing permitholder conducting live
1920 races shall pay as purses an amount equal to one-third of the
1921 amount of the tax reduction on live and simulcast handle
1922 applicable to such permitholder as a result of the reductions in
1923 tax rates provided by s. 6, chapter 2000-354, Laws of Florida
1924 this act through the amendments to s. 550.0951(3). With respect
1925 to intertrack wagering when the host and guest tracks are
1926 greyhound racing permitholders not within the same market area,
1927 an amount equal to the tax reduction applicable to the guest
1928 track handle as a result of the reduction in tax rate provided
1929 by s. 6, chapter 2000-354, Laws of Florida, this act through the
1930 amendment to s. 550.0951(3) shall be distributed to the guest
1931 track, one-third of which amount shall be paid as purses at the
1932 guest track. However, if the guest track is a greyhound racing
1933 permitholder within the market area of the host or if the guest
1934 track is not a greyhound racing permitholder, an amount equal to
1935 such tax reduction applicable to the guest track handle shall be
1936 retained by the host track, one-third of which amount shall be
1937 paid as purses at the host track. These purse funds shall be
1938 disbursed in the week received if the permitholder conducts at
1939 least one live performance during that week. If the permitholder
1940 does not conduct at least one live performance during the week
1941 in which the purse funds are received, the purse funds shall be
1942 disbursed weekly during the permitholder’s next race meet in an
1943 amount determined by dividing the purse amount by the number of
1944 performances approved for the permitholder pursuant to its
1945 annual license, and multiplying that amount by the number of
1946 performances conducted each week. The division shall conduct
1947 audits necessary to ensure compliance with this paragraph.
1948 (f) Each greyhound racing permitholder conducting live
1949 racing shall, during the permitholder’s race meet, supply kennel
1950 operators and the Division of Pari-Mutuel Wagering with a weekly
1951 report showing purses paid on live greyhound races and all
1952 greyhound intertrack and simulcast broadcasts, including both as
1953 a guest and a host together with the handle or commission
1954 calculations on which such purses were paid and the transmission
1955 costs of sending the simulcast or intertrack broadcasts, so that
1956 the kennel operators may determine statutory and contractual
1957 compliance.
1958 (g) Each greyhound racing permitholder conducting live
1959 racing shall make direct payment of purses to the greyhound
1960 owners who have filed with such permitholder appropriate federal
1961 taxpayer identification information based on the percentage
1962 amount agreed upon between the kennel operator and the greyhound
1963 owner.
1964 (h) At the request of a majority of kennel operators under
1965 contract with a greyhound racing permitholder conducting live
1966 racing, the permitholder shall make deductions from purses paid
1967 to each kennel operator electing such deduction and shall make a
1968 direct payment of such deductions to the local association of
1969 greyhound kennel operators formed by a majority of kennel
1970 operators under contract with the permitholder. The amount of
1971 the deduction shall be at least 1 percent of purses, as
1972 determined by the local association of greyhound kennel
1973 operators. No Deductions may not be taken pursuant to this
1974 paragraph without a kennel operator’s specific approval before
1975 or after May 24, 1998 the effective date of this act.
1976 (2)(3) As used in For the purpose of this section, the term
1977 “live handle” means the handle from wagers placed at the
1978 permitholder’s establishment on the live greyhound races
1979 conducted at the permitholder’s establishment.
1980 Section 26. Section 550.09515, Florida Statutes, is amended
1981 to read:
1982 550.09515 Thoroughbred racing horse taxes; abandoned
1983 interest in a permit for nonpayment of taxes.—
1984 (1) Pari-mutuel wagering at thoroughbred horse racetracks
1985 in this state is an important business enterprise, and taxes
1986 derived therefrom constitute a part of the tax structure which
1987 funds operation of the state. Thoroughbred horse permitholders
1988 should pay their fair share of these taxes to the state. This
1989 business interest should not be taxed to such an extent as to
1990 cause any racetrack which is operated under sound business
1991 principles to be forced out of business. Due to the need to
1992 protect the public health, safety, and welfare, the gaming laws
1993 of the state provide for the thoroughbred horse industry to be
1994 highly regulated and taxed. The state recognizes that there
1995 exist identifiable differences between thoroughbred horse
1996 permitholders based upon their ability to operate under such
1997 regulation and tax system and at different periods during the
1998 year.
1999 (2)(a) The tax on handle for live thoroughbred horserace
2000 performances shall be 0.5 percent.
2001 (b) For purposes of this section, the term “handle” shall
2002 have the same meaning as in s. 550.0951, and does shall not
2003 include handle from intertrack wagering.
2004 (3)(a) The division shall revoke the permit of a
2005 thoroughbred racing horse permitholder that who does not pay the
2006 tax due on handle for live thoroughbred horse performances for a
2007 full schedule of live races for more than 24 consecutive months
2008 during any 2 consecutive state fiscal years shall be void and
2009 shall escheat to and become the property of the state unless
2010 such failure to operate and pay tax on handle was the direct
2011 result of fire, strike, war, or other disaster or event beyond
2012 the ability of the permitholder to control. Financial hardship
2013 to the permitholder does shall not, in and of itself, constitute
2014 just cause for failure to operate and pay tax on handle. A
2015 permit revoked under this subsection is void and may not be
2016 reissued.
2017 (b) In order to maximize the tax revenues to the state, the
2018 division shall reissue an escheated thoroughbred horse permit to
2019 a qualified applicant pursuant to the provisions of this chapter
2020 as for the issuance of an initial permit. However, the
2021 provisions of this chapter relating to referendum requirements
2022 for a pari-mutuel permit shall not apply to the reissuance of an
2023 escheated thoroughbred horse permit. As specified in the
2024 application and upon approval by the division of an application
2025 for the permit, the new permitholder shall be authorized to
2026 operate a thoroughbred horse facility anywhere in the same
2027 county in which the escheated permit was authorized to be
2028 operated, notwithstanding the provisions of s. 550.054(2)
2029 relating to mileage limitations.
2030 (4) In the event that a court of competent jurisdiction
2031 determines any of the provisions of this section to be
2032 unconstitutional, it is the intent of the Legislature that the
2033 provisions contained in this section shall be null and void and
2034 that the provisions of s. 550.0951 shall apply to all
2035 thoroughbred racing horse permitholders beginning on the date of
2036 such judicial determination. To this end, the Legislature
2037 declares that it would not have enacted any of the provisions of
2038 this section individually and, to that end, expressly finds them
2039 not to be severable.
2040 (5) Notwithstanding the provisions of s. 550.0951(3)(c),
2041 the tax on handle for intertrack wagering on rebroadcasts of
2042 simulcast horseraces is 2.4 percent of the handle; provided
2043 however, that if the guest track is a thoroughbred track located
2044 more than 35 miles from the host track, the host track shall pay
2045 a tax of .5 percent of the handle, and additionally the host
2046 track shall pay to the guest track 1.9 percent of the handle to
2047 be used by the guest track solely for purses. The tax shall be
2048 deposited into the Pari-mutuel Wagering Trust Fund.
2049 (6) A credit equal to the amount of contributions made by a
2050 thoroughbred racing permitholder during the taxable year
2051 directly to the Jockeys’ Guild or its health and welfare fund to
2052 be used to provide health and welfare benefits for active,
2053 disabled, and retired Florida jockeys and their dependents
2054 pursuant to reasonable rules of eligibility established by the
2055 Jockeys’ Guild is allowed against taxes on live handle due for a
2056 taxable year under this section. A thoroughbred racing
2057 permitholder may not receive a credit greater than an amount
2058 equal to 1 percent of its paid taxes for the previous taxable
2059 year.
2060 (7) If a thoroughbred racing permitholder fails to operate
2061 all performances on its 2001-2002 license, failure to pay tax on
2062 handle for a full schedule of live races for those performances
2063 in the 2001-2002 fiscal year does not constitute failure to pay
2064 taxes on handle for a full schedule of live races in a fiscal
2065 year for the purposes of subsection (3). This subsection may not
2066 be construed as forgiving a thoroughbred racing permitholder
2067 from paying taxes on performances conducted at its facility
2068 pursuant to its 2001-2002 license other than for failure to
2069 operate all performances on its 2001-2002 license. This
2070 subsection expires July 1, 2003.
2071 Section 27. Section 550.1625, Florida Statutes, is amended
2072 to read:
2073 550.1625 Greyhound racing dogracing; taxes.—
2074 (1) The operation of a greyhound racing dog track and
2075 legalized pari-mutuel betting at greyhound racing dog tracks in
2076 this state is a privilege and is an operation that requires
2077 strict supervision and regulation in the best interests of the
2078 state. Pari-mutuel wagering at greyhound racing dog tracks in
2079 this state is a substantial business, and taxes derived
2080 therefrom constitute part of the tax structures of the state and
2081 the counties. The operators of greyhound racing dog tracks
2082 should pay their fair share of taxes to the state; at the same
2083 time, this substantial business interest should not be taxed to
2084 such an extent as to cause a track that is operated under sound
2085 business principles to be forced out of business.
2086 (2) A permitholder that conducts a greyhound race dograce
2087 meet under this chapter must pay the daily license fee, the
2088 admission tax, the breaks tax, and the tax on pari-mutuel handle
2089 as provided in s. 550.0951 and is subject to all penalties and
2090 sanctions provided in s. 550.0951(6).
2091 Section 28. Section 550.1647, Florida Statutes, is
2092 repealed.
2093 Section 29. Section 550.1648, Florida Statutes, is amended
2094 to read:
2095 550.1648 Greyhound adoptions.—
2096 (1) A greyhound racing Each dogracing permitholder that
2097 conducts live racing at operating a greyhound racing dogracing
2098 facility in this state shall provide for a greyhound adoption
2099 booth to be located at the facility.
2100 (1)(a) The greyhound adoption booth must be operated on
2101 weekends by personnel or volunteers from a bona fide
2102 organization that promotes or encourages the adoption of
2103 greyhounds pursuant to s. 550.1647. Such bona fide organization,
2104 as a condition of adoption, must provide sterilization of
2105 greyhounds by a licensed veterinarian before relinquishing
2106 custody of the greyhound to the adopter. The fee for
2107 sterilization may be included in the cost of adoption. As used
2108 in this section, the term “weekend” includes the hours during
2109 which live greyhound racing is conducted on Friday, Saturday, or
2110 Sunday, and the term “bona fide organization that promotes or
2111 encourages the adoption of greyhounds” means an organization
2112 that provides evidence of compliance with chapter 496 and
2113 possesses a valid exemption from federal taxation issued by the
2114 Internal Revenue Service. Information pamphlets and application
2115 forms shall be provided to the public upon request.
2116 (b) In addition, The kennel operator or owner shall notify
2117 the permitholder that a greyhound is available for adoption and
2118 the permitholder shall provide information concerning the
2119 adoption of a greyhound in each race program and shall post
2120 adoption information at conspicuous locations throughout the
2121 greyhound racing dogracing facility. Any greyhound that is
2122 participating in a race and that will be available for future
2123 adoption must be noted in the race program. The permitholder
2124 shall allow greyhounds to be walked through the track facility
2125 to publicize the greyhound adoption program.
2126 (2) In addition to the charity days authorized under s.
2127 550.0351, a greyhound racing permitholder may fund the greyhound
2128 adoption program by holding a charity racing day designated as
2129 “Greyhound Adopt-A-Pet Day.” All profits derived from the
2130 operation of the charity day must be placed into a fund used to
2131 support activities at the racing facility which promote the
2132 adoption of greyhounds. The division may adopt rules for
2133 administering the fund. Proceeds from the charity day authorized
2134 in this subsection may not be used as a source of funds for the
2135 purposes set forth in s. 550.1647.
2136 (3)(a) Upon a violation of this section by a permitholder
2137 or licensee, the division may impose a penalty as provided in s.
2138 550.0251(10) and require the permitholder to take corrective
2139 action.
2140 (b) A penalty imposed under s. 550.0251(10) does not
2141 exclude a prosecution for cruelty to animals or for any other
2142 criminal act.
2143 Section 30. Section 550.1752, Florida Statutes, is created
2144 to read:
2145 550.1752 Permit reduction program.—
2146 (1) The permit reduction program is created in the Division
2147 of Pari-mutuel Wagering for the purpose of purchasing and
2148 cancelling active pari-mutuel permits. The program shall be
2149 funded from revenue share payments made by the Seminole Tribe of
2150 Florida under the compact ratified by s. 285.710(3).
2151 (2) The division shall purchase pari-mutuel permits from
2152 pari-mutuel permitholders when sufficient moneys are available
2153 for such purchases. A pari-mutuel permitholder may not submit an
2154 offer to sell a permit unless it is actively conducting pari
2155 mutuel racing or jai alai as required by law and satisfies all
2156 applicable requirements for the permit. The division shall adopt
2157 by rule the form to be used by a pari-mutuel permitholder for an
2158 offer to sell a permit and shall establish a schedule for the
2159 consideration of offers.
2160 (3) The division shall establish the value of a pari-mutuel
2161 permit based upon the valuation of one or more independent
2162 appraisers selected by the division. The valuation of a permit
2163 must be based on the permit’s fair market value and may not
2164 include the value of the real estate or personal property. The
2165 division may establish a value for the permit that is lower than
2166 the amount determined by an independent appraiser but may not
2167 establish a higher value.
2168 (4) The division must accept the offer or offers that best
2169 utilize available funding; however, the division may also accept
2170 the offers that it determines are most likely to reduce the
2171 incidence of gaming in this state. The division may not accept
2172 an offer to purchase a permit or execute a contract to purchase
2173 a permit if the sum of the purchase price for the permit under
2174 the offer or the contract and the total of the purchase prices
2175 under all previously executed contracts for the purchase of
2176 permits exceeds $20 million.
2177 (5) Following the execution of a contract between a
2178 permitholder and the state for the acquisition of a permit owned
2179 by a permitholder, and not less than 30 days after the
2180 authorization of the nonoperating budget authority pursuant to
2181 s. 216.181(12) required to pay the purchase price for such
2182 permit, the division shall certify the executed contract to the
2183 Chief Financial Officer and shall request the distribution to be
2184 paid from the General Revenue Fund to the permitholder for the
2185 closing of the purchase. The total of all such distributions for
2186 all permit purchases may not exceed $20 million in all fiscal
2187 years. Immediately after the closing of a purchase, the division
2188 shall cancel any permit purchased under this section.
2189 (6) This section expires on July 1, 2019, unless reenacted
2190 by the Legislature.
2191 Section 31. Section 550.1753, Florida Statutes, is created
2192 to read:
2193 550.1753 Thoroughbred purse and awards supplement program.—
2194 (1) The thoroughbred purse and awards supplement program is
2195 created in the division for the purpose of maintaining an active
2196 and viable live thoroughbred racing, owning, and breeding
2197 industry in this state. The program shall be funded from revenue
2198 share payments made by the Seminole Tribe of Florida under the
2199 compact ratified by s. 285.710(3).
2200 (2) Beginning July 1, 2019, after the funds paid by the
2201 Seminole Tribe of Florida to the state during each state fiscal
2202 year exceed $20 million, and not less than 30 days after the
2203 authorization of the nonoperating budget authority pursuant to
2204 s. 216.181(12) needed to pay purse and awards supplement funds,
2205 the division shall certify to the Chief Financial Officer the
2206 amount of the purse and awards supplement funds to be
2207 distributed to each eligible thoroughbred racing permitholder
2208 and to the Florida Thoroughbred Breeders’ Association, Inc.,
2209 pursuant to subsection (3) and shall request the distribution
2210 from the General Revenue Fund to be paid to each thoroughbred
2211 racing permitholder and to the Florida Thoroughbred Breeders’
2212 Association, Inc. The total of all such distributions for all
2213 thoroughbred racing permitholders may not exceed $20 million in
2214 any fiscal year.
2215 (3)(a) Purse and awards supplement funds are intended to
2216 enhance the purses and awards currently available on
2217 thoroughbred horse racing in this state. Such funds also may be
2218 used both to supplement thoroughbred horse racing purses and
2219 awards and to subsidize the operating costs of and capital
2220 improvements at permitted thoroughbred horse racing facilities
2221 eligible for funding under this section, in accordance with an
2222 agreement with the association representing a majority of the
2223 thoroughbred horse owners and trainers conducting racing at each
2224 such thoroughbred horse racing permitholder’s facility.
2225 (b) A thoroughbred horse racing permitholder may not
2226 receive purse and awards supplements under this section unless
2227 it provides the division with a copy of an agreement between the
2228 thoroughbred horse racing permitholder and the horsemen’s
2229 association representing the majority of the thoroughbred
2230 racehorse owners and trainers racing at the thoroughbred horse
2231 racing permitholder’s facility for purses to be paid during its
2232 upcoming meet. Ninety percent of all purse and awards supplement
2233 funds must be devoted to purses and ten percent must be devoted
2234 to breeders’, stallion, and special racing awards under this
2235 chapter.
2236 (c) The division shall apportion the purse and awards
2237 supplement funds as follows:
2238 1. The first $10 million shall be allocated to a
2239 thoroughbred horse racing permitholder that has conducted a full
2240 schedule of live racing for 15 consecutive years after June 30,
2241 2000, has never operated at a facility in which slot machines
2242 are located, and has never held a slot machine license, as long
2243 as the thoroughbred horse racing permitholder uses the
2244 allocation for thoroughbred horse racing purses and awards and
2245 operations at the thoroughbred horse racing permitholder’s
2246 facility, with at least 50 percent of such funds allocated to
2247 thoroughbred horse racing purses. If more than one thoroughbred
2248 horse racing permitholder is eligible to participate in this
2249 allocation, the funds shall be allocated on a pro rata basis
2250 based on the number of live race days to be conducted by those
2251 eligible thoroughbred horse racing permitholders pursuant to
2252 their annual racing licenses.
2253 2. The balance of the funds shall be allocated on a pro
2254 rata basis based on the number of live race days to be conducted
2255 by thoroughbred horse racing permitholders pursuant to their
2256 annual racing licenses.
2257 3. If a thoroughbred horse racing permitholder fails to
2258 conduct a live race day, the permitholder must return the unused
2259 purse and awards supplement funds allocated for that day, and
2260 the division shall reapportion the allocation of purse and
2261 awards supplement funds to the remaining race days to be
2262 conducted by that thoroughbred horse racing permitholder.
2263 (d)1. In the event a limited thoroughbred racing
2264 permitholder receives a license as a result of the conditions
2265 set forth in s. 550.01215(7), it shall be allocated in its first
2266 year of licensure a pro rata share as if it were licensed for an
2267 additional 50 percent of its licensed racing days and may apply
2268 in the next 2 state fiscal years for racing days and receive
2269 funding under this section at the additional 50 percent rate
2270 described in subparagraph (c)2. Funding under this paragraph is
2271 conditioned upon the limited thoroughbred racing permitholder
2272 applying for no more performances than are necessary to make up
2273 the deficiency in the racing levels set forth in s.
2274 550.01215(7), with funding in the following 2 years conditioned
2275 upon applying for no more than this same number of performances
2276 or the number of performances necessary to make up the
2277 deficiency in the racing levels specified above at that point,
2278 whichever is greater.
2279 2. After three years of funding at the rate set forth in
2280 this paragraph, the limited thoroughbred permitholder shall be
2281 treated as other thoroughbred permitholders applying for funding
2282 under this section.
2283 3. Notwithstanding paragraph (a), funds received under this
2284 paragraph may be used both to supplement purses and to subsidize
2285 operating costs and capital improvements for the pari-mutuel
2286 facility.
2287 (e) The division shall distribute 10 percent of all purse
2288 and awards supplement funds to the Florida Thoroughbred
2289 Breeders’ Association, Inc., for the payment of breeders’,
2290 stallion, and special racing awards, subject to s. 550.2625(3).
2291 Supplement funds received by the association may be returned at
2292 its discretion to thoroughbred horse racing permitholders for
2293 special racing awards to be distributed by the permitholders to
2294 owners of thoroughbred horses participating in prescribed
2295 thoroughbred stakes races, nonstakes races, or both, all in
2296 accordance with a written agreement establishing the rate,
2297 procedure, and eligibility requirements for such awards for the
2298 upcoming state fiscal year, entered into by the permitholder and
2299 the Florida Thoroughbred Breeders’ Association, Inc., on or
2300 before June 30 of each year.
2301 (f) The division shall adopt by rule the form to be used by
2302 a permitholder for applying for to receive purse and awards
2303 supplement funds.
2304 (4) The division may adopt rules necessary to implement
2305 this section.
2306 (5) This section expires June 30, 2036.
2307 Section 32. Subsections (4) and (5) and paragraphs (a) and
2308 (c) of subsection (7) of section 550.2415, Florida Statutes, are
2309 amended to read:
2310 550.2415 Racing of animals under certain conditions
2311 prohibited; penalties; exceptions.—
2312 (4) A prosecution pursuant to this section for a violation
2313 of this section must begin within 90 days after the violation
2314 was committed. Filing Service of an administrative complaint by
2315 the division or a notice of violation by the stewards marks the
2316 commencement of administrative action.
2317 (5) The division shall adopt rules related to the testing
2318 of racing animals which must include chain of custody procedures
2319 and implement a split sample split-sample procedure for testing
2320 animals under this section. The split sample procedure shall
2321 require drawing of at least two samples the first of which shall
2322 be tested by the state’s testing laboratory and the second of
2323 which shall be retained in a separate secure location for
2324 testing at a later date in accordance with rules adopted by the
2325 division. The division shall only authorize testing by
2326 laboratories accredited by the Racing Medication and Testing
2327 Consortium.
2328 (a) The division shall notify the owner or trainer, the
2329 stewards, and the appropriate horsemen’s association of all drug
2330 test results. If a drug test result is positive, and upon
2331 request by the affected trainer or owner of the animal from
2332 which the sample was obtained, the division shall send the split
2333 sample to an approved independent laboratory for analysis. The
2334 division shall establish standards and rules for uniform
2335 enforcement and shall maintain a list of at least five approved
2336 independent laboratories for an owner or trainer to select from
2337 if a drug test result is positive.
2338 (b) If the division laboratory’s findings are not confirmed
2339 by the independent laboratory, no further administrative or
2340 disciplinary action under this section may be pursued.
2341 (c) If the independent laboratory confirms the division
2342 laboratory’s positive result, the division may commence
2343 administrative proceedings as prescribed in this chapter and
2344 consistent with chapter 120. For purposes of this subsection,
2345 the department shall in good faith attempt to obtain a
2346 sufficient quantity of the test fluid to allow both a primary
2347 test and a secondary test to be made.
2348 (d) For the testing of a racing greyhound, if there is an
2349 insufficient quantity of the secondary (split) sample for
2350 confirmation of the division laboratory’s positive result, the
2351 division may commence administrative proceedings as prescribed
2352 in this chapter and consistent with chapter 120.
2353 (e) For the testing of a racehorse, if there is an
2354 insufficient quantity of the secondary (split) sample for
2355 confirmation of the division laboratory’s positive result, the
2356 division may not take further action on the matter against the
2357 owner or trainer, and any resulting license suspension must be
2358 immediately lifted.
2359 (f) The division shall require its laboratory and the
2360 independent laboratories to annually participate in an
2361 externally administered quality assurance program designed to
2362 assess testing proficiency in the detection and appropriate
2363 quantification of medications, drugs, and naturally occurring
2364 substances that may be administered to racing animals. The
2365 administrator of the quality assurance program shall report its
2366 results and findings to the division and the Department of
2367 Agriculture and Consumer Services.
2368 (7)(a) In order to protect the safety and welfare of racing
2369 animals and the integrity of the races in which the animals
2370 participate, the division shall adopt rules establishing the
2371 conditions of use and maximum concentrations of medications,
2372 drugs, and naturally occurring substances identified in the
2373 Controlled Therapeutic Medication Schedule, Version 2.1, revised
2374 April 17, 2014, adopted by the Association of Racing
2375 Commissioners International, Inc. Controlled therapeutic
2376 medications include only the specific medications and
2377 concentrations allowed in biological samples which have been
2378 approved by the Association of Racing Commissioners
2379 International, Inc., as controlled therapeutic medications.
2380 (c) The division rules must include a classification and
2381 penalty system for the use of drugs, medications, and other
2382 foreign substances which incorporates the Uniform Classification
2383 Guidelines for Foreign Substances, Recommended Penalty
2384 Guidelines, and the Multiple Medication Violation Penalty System
2385 adopted and a corresponding penalty schedule for violations
2386 which incorporates the Uniform Classification Guidelines for
2387 Foreign Substances, Version 8.0, revised December 2014, by the
2388 Association of Racing Commissioners International, Inc. The
2389 division shall adopt laboratory screening limits approved by the
2390 Association of Racing Commissioners International, Inc., for
2391 drugs and medications that are not included as controlled
2392 therapeutic medications, the presence of which in a sample may
2393 result in a violation of this section.
2394 Section 33. Section 550.2416, Florida Statutes, is created
2395 to read:
2396 550.2416 Reporting of racing greyhound injuries.—
2397 (1) An injury to a racing greyhound which occurs while the
2398 greyhound is located in this state must be reported on a form
2399 adopted by the division within 7 days after the date on which
2400 the injury occurred or is believed to have occurred. The
2401 division may adopt rules defining the term “injury.”
2402 (2) The form shall be completed and signed under oath or
2403 affirmation by the:
2404 (a) Racetrack veterinarian or director of racing, if the
2405 injury occurred at the racetrack facility; or
2406 (b) Owner, trainer, or kennel operator who had knowledge of
2407 the injury, if the injury occurred at a location other than the
2408 racetrack facility, including during transportation.
2409 (3) The division may fine, suspend, or revoke the license
2410 of any individual who knowingly violates this section.
2411 (4) The form must include the following:
2412 (a) The greyhound’s registered name, right-ear and left-ear
2413 tattoo numbers, and, if any, the microchip manufacturer and
2414 number.
2415 (b) The name, business address, and telephone number of the
2416 greyhound owner, the trainer, and the kennel operator.
2417 (c) The color, weight, and sex of the greyhound.
2418 (d) The specific type and bodily location of the injury,
2419 the cause of the injury, and the estimated recovery time from
2420 the injury.
2421 (e) If the injury occurred when the greyhound was racing:
2422 1. The racetrack where the injury occurred;
2423 2. The distance, grade, race, and post position of the
2424 greyhound when the injury occurred; and
2425 3. The weather conditions, time, and track conditions when
2426 the injury occurred.
2427 (f) If the injury occurred when the greyhound was not
2428 racing:
2429 1. The location where the injury occurred, including, but
2430 not limited to, a kennel, a training facility, or a
2431 transportation vehicle; and
2432 2. The circumstances surrounding the injury.
2433 (g) Other information that the division determines is
2434 necessary to identify injuries to racing greyhounds in this
2435 state.
2436 (5) An injury form created pursuant to this section must be
2437 maintained as a public record by the division for at least 7
2438 years after the date it was received.
2439 (6) A licensee of the department who knowingly makes a
2440 false statement concerning an injury or fails to report an
2441 injury is subject to disciplinary action under this chapter or
2442 chapters 455 and 474.
2443 (7) This section does not apply to injuries to a service
2444 animal, personal pet, or greyhound that has been adopted as a
2445 pet.
2446 (8) The division shall adopt rules to implement this
2447 section.
2448 Section 34. Subsection (1) of section 550.26165, Florida
2449 Statutes, is amended to read:
2450 550.26165 Breeders’ awards.—
2451 (1) The purpose of this section is to encourage the
2452 agricultural activity of breeding and training racehorses in
2453 this state. Moneys dedicated in this chapter for use as
2454 breeders’ awards and stallion awards are to be used for awards
2455 to breeders of registered Florida-bred horses winning horseraces
2456 and for similar awards to the owners of stallions who sired
2457 Florida-bred horses winning stakes races, if the stallions are
2458 registered as Florida stallions standing in this state. Such
2459 awards shall be given at a uniform rate to all winners of the
2460 awards, may shall not be greater than 20 percent of the
2461 announced gross purse, and may shall not be less than 15 percent
2462 of the announced gross purse if funds are available. In
2463 addition, at least no less than 17 percent, but not nor more
2464 than 40 percent, as determined by the Florida Thoroughbred
2465 Breeders’ Association, of the moneys dedicated in this chapter
2466 for use as breeders’ awards and stallion awards for
2467 thoroughbreds shall be returned pro rata to the permitholders
2468 that generated the moneys for special racing awards to be
2469 distributed by the permitholders to owners of thoroughbred
2470 horses participating in prescribed thoroughbred stakes races,
2471 nonstakes races, or both, all in accordance with a written
2472 agreement establishing the rate, procedure, and eligibility
2473 requirements for such awards entered into by the permitholder,
2474 the Florida Thoroughbred Breeders’ Association, and the Florida
2475 Horsemen’s Benevolent and Protective Association, Inc., except
2476 that the plan for the distribution by any permitholder located
2477 in the area described in s. 550.615(7) s. 550.615(9) shall be
2478 agreed upon by that permitholder, the Florida Thoroughbred
2479 Breeders’ Association, and the association representing a
2480 majority of the thoroughbred racehorse owners and trainers at
2481 that location. Awards for thoroughbred races are to be paid
2482 through the Florida Thoroughbred Breeders’ Association, and
2483 awards for standardbred races are to be paid through the Florida
2484 Standardbred Breeders and Owners Association. Among other
2485 sources specified in this chapter, moneys for thoroughbred
2486 breeders’ awards will come from the 0.955 percent of handle for
2487 thoroughbred races conducted, received, broadcast, or simulcast
2488 under this chapter as provided in s. 550.2625(3). The moneys for
2489 quarter horse and harness breeders’ awards will come from the
2490 breaks and uncashed tickets on live quarter horse and harness
2491 horse racing performances and 1 percent of handle on intertrack
2492 wagering. The funds for these breeders’ awards shall be paid to
2493 the respective breeders’ associations by the permitholders
2494 conducting the races.
2495 Section 35. Section 550.3345, Florida Statutes, is amended
2496 to read:
2497 550.3345 Conversion of quarter horse permit to a Limited
2498 thoroughbred racing permit.—
2499 (1) In recognition of the important and long-standing
2500 economic contribution of the thoroughbred horse breeding
2501 industry to this state and the state’s vested interest in
2502 promoting the continued viability of this agricultural activity,
2503 the state intends to provide a limited opportunity for the
2504 conduct of live thoroughbred horse racing with the net revenues
2505 from such racing dedicated to the enhancement of thoroughbred
2506 purses and breeders’, stallion, and special racing awards under
2507 this chapter; the general promotion of the thoroughbred horse
2508 breeding industry; and the care in this state of thoroughbred
2509 horses retired from racing.
2510 (2) A limited thoroughbred racing permit previously
2511 converted from Notwithstanding any other provision of law, the
2512 holder of a quarter horse racing permit pursuant to chapter
2513 2010-29, Laws of Florida, issued under s. 550.334 may only be
2514 held by, within 1 year after the effective date of this section,
2515 apply to the division for a transfer of the quarter horse racing
2516 permit to a not-for-profit corporation formed under state law to
2517 serve the purposes of the state as provided in subsection (1).
2518 The board of directors of the not-for-profit corporation must be
2519 composed comprised of 11 members, 4 of whom shall be designated
2520 by the applicant, 4 of whom shall be designated by the Florida
2521 Thoroughbred Breeders’ Association, and 3 of whom shall be
2522 designated by the other 8 directors, with at least 1 of these 3
2523 members being an authorized representative of another
2524 thoroughbred racing permitholder in this state. A limited
2525 thoroughbred racing The not-for-profit corporation shall submit
2526 an application to the division for review and approval of the
2527 transfer in accordance with s. 550.054. Upon approval of the
2528 transfer by the division, and notwithstanding any other
2529 provision of law to the contrary, the not-for-profit corporation
2530 may, within 1 year after its receipt of the permit, request that
2531 the division convert the quarter horse racing permit to a permit
2532 authorizing the holder to conduct pari-mutuel wagering meets of
2533 thoroughbred racing. Neither the transfer of the quarter horse
2534 racing permit nor its conversion to a limited thoroughbred
2535 permit shall be subject to the mileage limitation or the
2536 ratification election as set forth under s. 550.054(2) or s.
2537 550.0651. Upon receipt of the request for such conversion, the
2538 division shall timely issue a converted permit. The converted
2539 permit and the not-for-profit corporation are shall be subject
2540 to the following requirements:
2541 (a) All net revenues derived by the not-for-profit
2542 corporation under the thoroughbred horse racing permit, after
2543 the funding of operating expenses and capital improvements,
2544 shall be dedicated to the enhancement of thoroughbred purses and
2545 breeders’, stallion, and special racing awards under this
2546 chapter; the general promotion of the thoroughbred horse
2547 breeding industry; and the care in this state of thoroughbred
2548 horses retired from racing.
2549 (b) From December 1 through April 30, no live thoroughbred
2550 racing may not be conducted under the permit on any day during
2551 which another thoroughbred racing permitholder is conducting
2552 live thoroughbred racing within 125 air miles of the not-for
2553 profit corporation’s pari-mutuel facility unless the other
2554 thoroughbred racing permitholder gives its written consent.
2555 (c) After the conversion of the quarter horse racing permit
2556 and the issuance of its initial license to conduct pari-mutuel
2557 wagering meets of thoroughbred racing, the not-for-profit
2558 corporation shall annually apply to the division for a license
2559 pursuant to s. 550.01215(7) s. 550.5251.
2560 (d) Racing under the permit may take place only at the
2561 location for which the original quarter horse racing permit was
2562 issued, which may be leased, notwithstanding s. 550.475, by the
2563 not-for-profit corporation for that purpose; however, the not
2564 for-profit corporation may, without the conduct of any
2565 ratification election pursuant to s. 550.054(13) or s. 550.0651,
2566 move the location of the permit to another location in the same
2567 county or counties, if a permit is situated in such a manner
2568 that it is located in more than one county, provided that such
2569 relocation is approved under the zoning and land use regulations
2570 of the applicable county or municipality.
2571 (e) A limited thoroughbred racing No permit may not be
2572 transferred converted under this section is eligible for
2573 transfer to another person or entity.
2574 (3) Unless otherwise provided in this section, after
2575 conversion, the permit and the not-for-profit corporation shall
2576 be treated under the laws of this state as a thoroughbred racing
2577 permit and as a thoroughbred racing permitholder, respectively,
2578 with the exception of ss. 550.054(9)(c) and (d) and s.
2579 550.09515(3).
2580 (4) Notwithstanding any other law, the holder of a limited
2581 thoroughbred racing permit under this section which is not
2582 licensed to conduct a full schedule of live racing may, at any
2583 time, apply for and be issued an operating license under this
2584 chapter to receive broadcasts of horseraces and conduct
2585 intertrack wagering on such races as a guest track.
2586 Section 36. Subsection (6) of section 550.3551, Florida
2587 Statutes, is amended to read:
2588 550.3551 Transmission of racing and jai alai information;
2589 commingling of pari-mutuel pools.—
2590 (6)(a) A maximum of 20 percent of the total number of races
2591 on which wagers are accepted by a greyhound permitholder not
2592 located as specified in s. 550.615(6) may be received from
2593 locations outside this state. A permitholder may not conduct
2594 fewer than eight live races or games on any authorized race day
2595 except as provided in this subsection. A thoroughbred racing
2596 permitholder may not conduct fewer than eight live races on any
2597 race day without the written approval of the Florida
2598 Thoroughbred Breeders’ Association and the Florida Horsemen’s
2599 Benevolent and Protective Association, Inc., unless it is
2600 determined by the department that another entity represents a
2601 majority of the thoroughbred racehorse owners and trainers in
2602 the state. A harness horse racing permitholder may conduct fewer
2603 than eight live races on any authorized race day, except that
2604 such permitholder must conduct a full schedule of live racing
2605 during its race meet consisting of at least eight live races per
2606 authorized race day for at least 100 days. Any harness horse
2607 permitholder that during the preceding racing season conducted a
2608 full schedule of live racing may, at any time during its current
2609 race meet, receive full-card broadcasts of harness horse races
2610 conducted at harness racetracks outside this state at the
2611 harness track of the permitholder and accept wagers on such
2612 harness races. With specific authorization from the division for
2613 special racing events, a permitholder may conduct fewer than
2614 eight live races or games when the permitholder also broadcasts
2615 out-of-state races or games. The division may not grant more
2616 than two such exceptions a year for a permitholder in any 12
2617 month period, and those two exceptions may not be consecutive.
2618 (b) Notwithstanding any other provision of this chapter,
2619 any harness horse racing permitholder accepting broadcasts of
2620 out-of-state harness horse races when such permitholder is not
2621 conducting live races must make the out-of-state signal
2622 available to all permitholders eligible to conduct intertrack
2623 wagering and shall pay to guest tracks located as specified in
2624 ss. 550.615(6) and s. 550.6305(9)(d) 50 percent of the net
2625 proceeds after taxes and fees to the out-of-state host track on
2626 harness horse race wagers which they accept. A harness horse
2627 racing permitholder shall be required to pay into its purse
2628 account 50 percent of the net income retained by the
2629 permitholder on account of wagering on the out-of-state
2630 broadcasts received pursuant to this subsection. Nine-tenths of
2631 a percent of all harness horse race wagering proceeds on the
2632 broadcasts received pursuant to this subsection shall be paid to
2633 the Florida Standardbred Breeders and Owners Association under
2634 the provisions of s. 550.2625(4) for the purposes provided
2635 therein.
2636 Section 37. Section 550.475, Florida Statutes, is amended
2637 to read:
2638 550.475 Lease of pari-mutuel facilities by pari-mutuel
2639 permitholders.—Holders of valid pari-mutuel permits for the
2640 conduct of any jai alai games, dogracing, or thoroughbred and
2641 standardbred horse racing in this state are entitled to lease
2642 any and all of their facilities to any other holder of a same
2643 class, valid pari-mutuel permit for jai alai games, dogracing,
2644 or thoroughbred or standardbred horse racing, when they are
2645 located within a 35-mile radius of each other,; and such lessee
2646 is entitled to a permit and license to operate its race meet or
2647 jai alai games at the leased premises. A permitholder may not
2648 lease facilities from a pari-mutuel permitholder that is not
2649 conducting a full schedule of live racing.
2650 Section 38. Section 550.5251, Florida Statutes, is amended
2651 to read:
2652 550.5251 Florida thoroughbred racing; certain permits;
2653 operating days.—
2654 (1) Each thoroughbred permitholder shall annually, during
2655 the period commencing December 15 of each year and ending
2656 January 4 of the following year, file in writing with the
2657 division its application to conduct one or more thoroughbred
2658 racing meetings during the thoroughbred racing season commencing
2659 on the following July 1. Each application shall specify the
2660 number and dates of all performances that the permitholder
2661 intends to conduct during that thoroughbred racing season. On or
2662 before March 15 of each year, the division shall issue a license
2663 authorizing each permitholder to conduct performances on the
2664 dates specified in its application. Up to February 28 of each
2665 year, each permitholder may request and shall be granted changes
2666 in its authorized performances; but thereafter, as a condition
2667 precedent to the validity of its license and its right to retain
2668 its permit, each permitholder must operate the full number of
2669 days authorized on each of the dates set forth in its license.
2670 (2) A thoroughbred racing permitholder may not begin any
2671 race later than 7 p.m. Any thoroughbred permitholder in a county
2672 in which the authority for cardrooms has been approved by the
2673 board of county commissioners may operate a cardroom and, when
2674 conducting live races during its current race meet, may receive
2675 and rebroadcast out-of-state races after the hour of 7 p.m. on
2676 any day during which the permitholder conducts live races.
2677 (1)(3)(a) Each licensed thoroughbred permitholder in this
2678 state must run an average of one race per racing day in which
2679 horses bred in this state and duly registered with the Florida
2680 Thoroughbred Breeders’ Association have preference as entries
2681 over non-Florida-bred horses, unless otherwise agreed to in
2682 writing by the permitholder, the Florida Thoroughbred Breeders’
2683 Association, and the association representing a majority of the
2684 thoroughbred racehorse owners and trainers at that location. All
2685 licensed thoroughbred racetracks shall write the conditions for
2686 such races in which Florida-bred horses are preferred so as to
2687 assure that all Florida-bred horses available for racing at such
2688 tracks are given full opportunity to run in the class of races
2689 for which they are qualified. The opportunity of running must be
2690 afforded to each class of horses in the proportion that the
2691 number of horses in this class bears to the total number of
2692 Florida-bred horses available. A track is not required to write
2693 conditions for a race to accommodate a class of horses for which
2694 a race would otherwise not be run at the track during its meet.
2695 (2)(b) Each licensed thoroughbred permitholder in this
2696 state may run one additional race per racing day composed
2697 exclusively of Arabian horses registered with the Arabian Horse
2698 Registry of America. Any licensed thoroughbred permitholder that
2699 elects to run one additional race per racing day composed
2700 exclusively of Arabian horses registered with the Arabian Horse
2701 Registry of America is not required to provide stables for the
2702 Arabian horses racing under this subsection paragraph.
2703 (3)(c) Each licensed thoroughbred permitholder in this
2704 state may run up to three additional races per racing day
2705 composed exclusively of quarter horses registered with the
2706 American Quarter Horse Association.
2707 Section 39. Subsections (2), (4), (6), and (7) of section
2708 550.615, Florida Statutes, are amended, present subsections (8),
2709 (9), and (10) of that section are redesignated as subsections
2710 (6), (7), and (8), respectively, present subsection (9) of that
2711 section is amended, and a new subsection (9) is added to that
2712 section, to read:
2713 550.615 Intertrack wagering.—
2714 (2) A Any track or fronton licensed under this chapter
2715 which has conducted a full schedule of live racing or games for
2716 at least 5 consecutive calendar years since 2010 in the
2717 preceding year conducted a full schedule of live racing is
2718 qualified to, at any time, receive broadcasts of any class of
2719 pari-mutuel race or game and accept wagers on such races or
2720 games conducted by any class of permitholders licensed under
2721 this chapter.
2722 (4) An In no event shall any intertrack wager may not be
2723 accepted on the same class of live races or games of any
2724 permitholder without the written consent of such operating
2725 permitholders conducting the same class of live races or games
2726 if the guest track is within the market area of such operating
2727 permitholder. A greyhound racing permitholder licensed under
2728 this chapter which accepts intertrack wagers on live greyhound
2729 signals is not required to obtain the written consent required
2730 by this subsection from any operating greyhound racing
2731 permitholder within its market area.
2732 (6) Notwithstanding the provisions of subsection (3), in
2733 any area of the state where there are three or more horserace
2734 permitholders within 25 miles of each other, intertrack wagering
2735 between permitholders in said area of the state shall only be
2736 authorized under the following conditions: Any permitholder,
2737 other than a thoroughbred permitholder, may accept intertrack
2738 wagers on races or games conducted live by a permitholder of the
2739 same class or any harness permitholder located within such area
2740 and any harness permitholder may accept wagers on games
2741 conducted live by any jai alai permitholder located within its
2742 market area and from a jai alai permitholder located within the
2743 area specified in this subsection when no jai alai permitholder
2744 located within its market area is conducting live jai alai
2745 performances; any greyhound or jai alai permitholder may receive
2746 broadcasts of and accept wagers on any permitholder of the other
2747 class provided that a permitholder, other than the host track,
2748 of such other class is not operating a contemporaneous live
2749 performance within the market area.
2750 (7) In any county of the state where there are only two
2751 permits, one for dogracing and one for jai alai, no intertrack
2752 wager may be taken during the period of time when a permitholder
2753 is not licensed to conduct live races or games without the
2754 written consent of the other permitholder that is conducting
2755 live races or games. However, if neither permitholder is
2756 conducting live races or games, either permitholder may accept
2757 intertrack wagers on horseraces or on the same class of races or
2758 games, or on both horseraces and the same class of races or
2759 games as is authorized by its permit.
2760 (7)(9) In any two contiguous counties of the state in which
2761 there are located only four active permits, one for thoroughbred
2762 horse racing, two for greyhound racing dogracing, and one for
2763 jai alai games, an no intertrack wager may not be accepted on
2764 the same class of live races or games of any permitholder
2765 without the written consent of such operating permitholders
2766 conducting the same class of live races or games if the guest
2767 track is within the market area of such operating permitholder.
2768 (9) A greyhound racing permitholder that is eligible to
2769 receive broadcasts pursuant to subsection (2) and is operating
2770 pursuant to a current year operating license that specifies that
2771 no live performances will be conducted may accept wagers on live
2772 races conducted at out-of-state greyhound tracks only on the
2773 days when the permitholder receives all live races that any
2774 greyhound host track in this state makes available.
2775 Section 40. Subsections (1), (4), and (5) of section
2776 550.6308, Florida Statutes, are amended to read:
2777 550.6308 Limited intertrack wagering license.—In
2778 recognition of the economic importance of the thoroughbred
2779 breeding industry to this state, its positive impact on tourism,
2780 and of the importance of a permanent thoroughbred sales facility
2781 as a key focal point for the activities of the industry, a
2782 limited license to conduct intertrack wagering is established to
2783 ensure the continued viability and public interest in
2784 thoroughbred breeding in Florida.
2785 (1) Upon application to the division on or before January
2786 31 of each year, any person that is licensed to conduct public
2787 sales of thoroughbred horses pursuant to s. 535.01 and, that has
2788 conducted at least 8 15 days of thoroughbred horse sales at a
2789 permanent sales facility in this state for at least 3
2790 consecutive years, and that has conducted at least 1 day of
2791 nonwagering thoroughbred racing in this state, with a purse
2792 structure of at least $250,000 per year for 2 consecutive years
2793 before such application, shall be issued a license, subject to
2794 the conditions set forth in this section, to conduct intertrack
2795 wagering at such a permanent sales facility during the following
2796 periods:
2797 (a) Up to 21 days in connection with thoroughbred sales;
2798 (b) Between November 1 and May 8;
2799 (c) Between May 9 and October 31 at such times and on such
2800 days as any thoroughbred, jai alai, or a greyhound permitholder
2801 in the same county is not conducting live performances; provided
2802 that any such permitholder may waive this requirement, in whole
2803 or in part, and allow the licensee under this section to conduct
2804 intertrack wagering during one or more of the permitholder’s
2805 live performances; and
2806 (d) During the weekend of the Kentucky Derby, the
2807 Preakness, the Belmont, and a Breeders’ Cup Meet that is
2808 conducted before November 1 and after May 8.
2809
2810 Only No more than one such license may be issued, and no such
2811 license may be issued for a facility located within 50 miles of
2812 any for-profit thoroughbred permitholder’s track.
2813 (4) Intertrack wagering under this section may be conducted
2814 only on thoroughbred horse racing, except that intertrack
2815 wagering may be conducted on any class of pari-mutuel race or
2816 game conducted by any class of permitholders licensed under this
2817 chapter if all thoroughbred, jai alai, and greyhound
2818 permitholders in the same county as the licensee under this
2819 section give their consent.
2820 (4)(5) The licensee shall be considered a guest track under
2821 this chapter. The licensee shall pay 2.5 percent of the total
2822 contributions to the daily pari-mutuel pool on wagers accepted
2823 at the licensee’s facility on greyhound races or jai alai games
2824 to the thoroughbred permitholder that is conducting live races
2825 for purses to be paid during its current racing meet. If more
2826 than one thoroughbred permitholder is conducting live races on a
2827 day during which the licensee is conducting intertrack wagering
2828 on greyhound races or jai alai games, the licensee shall
2829 allocate these funds between the operating thoroughbred
2830 permitholders on a pro rata basis based on the total live handle
2831 at the operating permitholders’ facilities.
2832 Section 41. Section 551.101, Florida Statutes, is amended
2833 to read:
2834 551.101 Slot machine gaming authorized.—A Any licensed
2835 eligible pari-mutuel facility located in Miami-Dade County or
2836 Broward County existing at the time of adoption of s. 23, Art. X
2837 of the State Constitution that has conducted live racing or
2838 games during calendar years 2002 and 2003 may possess slot
2839 machines and conduct slot machine gaming at the location where
2840 the pari-mutuel permitholder is authorized to conduct pari
2841 mutuel wagering activities pursuant to such permitholder’s valid
2842 pari-mutuel permit or at the location where a licensee is
2843 authorized to conduct slot machine gaming pursuant to s.
2844 551.1043 provided that a majority of voters in a countywide
2845 referendum have approved slot machines at such facility in the
2846 respective county. Notwithstanding any other provision of law,
2847 it is not a crime for a person to participate in slot machine
2848 gaming at a pari-mutuel facility licensed to possess slot
2849 machines and conduct slot machine gaming or to participate in
2850 slot machine gaming described in this chapter.
2851 Section 42. Subsections (4), (10), and (11) of section
2852 551.102, Florida Statutes, are amended to read:
2853 551.102 Definitions.—As used in this chapter, the term:
2854 (4) “Eligible facility” means any licensed pari-mutuel
2855 facility or any facility authorized to conduct slot machine
2856 gaming pursuant to s. 551.1043, which meets the requirements of
2857 s. 551.104(2) located in Miami-Dade County or Broward County
2858 existing at the time of adoption of s. 23, Art. X of the State
2859 Constitution that has conducted live racing or games during
2860 calendar years 2002 and 2003 and has been approved by a majority
2861 of voters in a countywide referendum to have slot machines at
2862 such facility in the respective county; any licensed pari-mutuel
2863 facility located within a county as defined in s. 125.011,
2864 provided such facility has conducted live racing for 2
2865 consecutive calendar years immediately preceding its application
2866 for a slot machine license, pays the required license fee, and
2867 meets the other requirements of this chapter; or any licensed
2868 pari-mutuel facility in any other county in which a majority of
2869 voters have approved slot machines at such facilities in a
2870 countywide referendum held pursuant to a statutory or
2871 constitutional authorization after the effective date of this
2872 section in the respective county, provided such facility has
2873 conducted a full schedule of live racing for 2 consecutive
2874 calendar years immediately preceding its application for a slot
2875 machine license, pays the required licensed fee, and meets the
2876 other requirements of this chapter.
2877 (10) “Slot machine license” means a license issued by the
2878 division authorizing a pari-mutuel permitholder or a licensee
2879 authorized pursuant to s. 551.1043 to place and operate slot
2880 machines as provided in by s. 23, Art. X of the State
2881 Constitution, the provisions of this chapter, and by division
2882 rule rules.
2883 (11) “Slot machine licensee” means a pari-mutuel
2884 permitholder or a licensee authorized pursuant to s. 551.1043
2885 which who holds a license issued by the division pursuant to
2886 this chapter which that authorizes such person to possess a slot
2887 machine within facilities specified in s. 23, Art. X of the
2888 State Constitution and allows slot machine gaming.
2889 Section 43. Subsections (1) and (2), paragraph (c) of
2890 subsection (4), and paragraphs (a) and (c) of subsection (10) of
2891 section 551.104, Florida Statutes, are amended to read:
2892 551.104 License to conduct slot machine gaming.—
2893 (1) Upon application, and a finding by the division, after
2894 investigation, that the application is complete and that the
2895 applicant is qualified, and payment of the initial license fee,
2896 the division may issue a license to conduct slot machine gaming
2897 in the designated slot machine gaming area of the eligible
2898 facility. Once licensed, slot machine gaming may be conducted
2899 subject to the requirements of this chapter and rules adopted
2900 pursuant thereto. The division may not issue a slot machine
2901 license to any pari-mutuel permitholder that includes, or
2902 previously included within its ownership group, an ultimate
2903 equitable owner that was also an ultimate equitable owner of a
2904 pari-mutuel permitholder whose permit was voluntarily or
2905 involuntarily surrendered, suspended, or revoked by the division
2906 within 10 years before the date of permitholder’s filing of an
2907 application for a slot machine license.
2908 (2) An application may be approved by the division only if:
2909 (a) The facility at which the applicant seeks to operate
2910 slot machines is:
2911 1. A licensed pari-mutuel facility located in Miami-Dade
2912 County or Broward County existing at the time of adoption of s.
2913 23, Art. X of the State Constitution which conducted live racing
2914 or games during calendar years 2002 and 2003, if such
2915 permitholder pays the required license fee and meets the other
2916 requirements of this chapter, including a facility that
2917 relocates pursuant to s. 550.0555;
2918 2. A licensed pari-mutuel facility in any county in which a
2919 majority of voters have approved slot machines in a countywide
2920 referendum, if such permitholder has conducted a full schedule
2921 of live racing or games as defined in s. 550.002(11) for 2
2922 consecutive calendar years immediately preceding its initial
2923 application for a slot machine license, pays the required
2924 license fee, and meets the other requirements of this chapter;
2925 3. A facility at which a licensee is authorized to conduct
2926 slot machine gaming pursuant to s. 551.1043, if such licensee
2927 pays the required license fee and meets the other requirements
2928 of this chapter; or
2929 4. A licensed pari-mutuel facility, except for a pari
2930 mutuel facility described in subparagraph 1., located on or
2931 contiguous with property of the qualified project of a public
2932 private partnership consummated between the permitholder and a
2933 responsible public entity in accordance with s. 255.065 in a
2934 county in which the referendum required pursuant to paragraph
2935 (b) is conducted on or after January 1, 2018, and concurrently
2936 with a general election, if such permitholder has conducted a
2937 full schedule of live racing or games as defined in s.
2938 550.002(11) for 2 consecutive calendar years immediately
2939 preceding its initial application for a slot machine license;
2940 provided that a license may be issued under this subparagraph
2941 only after a comprehensive agreement has been executed pursuant
2942 to s. 255.065(7).
2943 (b) after The voters of the county where the applicant’s
2944 facility is located have authorized by referendum slot machines
2945 within pari-mutuel facilities in that county as specified in s.
2946 23, Art. X of the State Constitution.
2947 (4) As a condition of licensure and to maintain continued
2948 authority for the conduct of slot machine gaming, a the slot
2949 machine licensee shall:
2950 (c)1. Conduct no less fewer than a full schedule of live
2951 racing or games as defined in s. 550.002(11), unless conducting
2952 less than a full schedule of live racing or games pursuant to s.
2953 550.01215(1)(b)–(e). A permitholder’s responsibility to conduct
2954 a full schedule such number of live races or games as defined in
2955 s. 550.002(11) shall be reduced by the number of races or games
2956 that could not be conducted due to the direct result of fire,
2957 war, hurricane, or other disaster or event beyond the control of
2958 the permitholder. A permitholder may conduct live races or games
2959 at another pari-mutuel facility pursuant to s. 550.475 if such
2960 permitholder has operated its live races or games by lease for
2961 at least 5 consecutive years immediately prior to the
2962 permitholder’s application for a slot machine license.
2963 2. If not licensed to conduct a full schedule of live
2964 racing or games, as defined in s. 550.002(11), pursuant to s.
2965 550.01215(1)(b)–(e), remit for the payment of purses and awards
2966 on live races an amount equal to the lesser of $2 million or 3
2967 percent of its slot machine revenues from the previous state
2968 fiscal year to a slot machine licensee licensed to conduct not
2969 fewer than 160 days of thoroughbred racing. A slot machine
2970 licensee receiving funds under this subparagraph shall remit,
2971 within 10 days of receipt, 10 percent of those funds to the
2972 Florida Thoroughbred Breeders’ Association, Inc., for the
2973 payment of breeders’, stallion, and special racing awards,
2974 subject to the fee authorized in s. 550.2625(3). If no slot
2975 machine licensee is licensed for at least 160 days of live
2976 thoroughbred racing, no payments for purses are required. A slot
2977 machine licensee that conducts no live racing and is making
2978 purse and awards supplement payments due under agreements
2979 entered pursuant to paragraph (10)(a) prior to the effective
2980 date of this act may offset the total amount paid under such
2981 agreements for purses and awards on or after July 1, 2017,
2982 against any amount due under this subparagraph until the amount
2983 paid and the amount due equal zero. This subparagraph expires
2984 July 1, 2036.
2985 (10)(a)1. A No slot machine license or renewal thereof may
2986 not shall be issued to an applicant holding a permit under
2987 chapter 550 to conduct pari-mutuel wagering meets of
2988 thoroughbred racing unless the applicant has on file with the
2989 division a binding written agreement between the applicant and
2990 the Florida Horsemen’s Benevolent and Protective Association,
2991 Inc., governing the payment of purses on live thoroughbred races
2992 conducted at the licensee’s pari-mutuel facility. In addition, a
2993 no slot machine license or renewal thereof may not shall be
2994 issued to such an applicant unless the applicant has on file
2995 with the division a binding written agreement between the
2996 applicant and the Florida Thoroughbred Breeders’ Association,
2997 Inc., governing the payment of breeders’, stallion, and special
2998 racing awards on live thoroughbred races conducted at the
2999 licensee’s pari-mutuel facility. The agreement governing purses
3000 and the agreement governing awards may direct the payment of
3001 such purses and awards from revenues generated by any wagering
3002 or gaming the applicant is authorized to conduct under Florida
3003 law. All purses and awards are shall be subject to the terms of
3004 chapter 550. All sums for breeders’, stallion, and special
3005 racing awards shall be remitted monthly to the Florida
3006 Thoroughbred Breeders’ Association, Inc., for the payment of
3007 awards subject to the administrative fee authorized in s.
3008 550.2625(3). This paragraph does not apply to a summer
3009 thoroughbred racing permitholder.
3010 2. No slot machine license or renewal thereof shall be
3011 issued to an applicant holding a permit under chapter 550 to
3012 conduct pari-mutuel wagering meets of quarter horse racing
3013 unless the applicant has on file with the division a binding
3014 written agreement between the applicant and the Florida Quarter
3015 Horse Racing Association or the association representing a
3016 majority of the horse owners and trainers at the applicant’s
3017 eligible facility, governing the payment of purses on live
3018 quarter horse races conducted at the licensee’s pari-mutuel
3019 facility. The agreement governing purses may direct the payment
3020 of such purses from revenues generated by any wagering or gaming
3021 the applicant is authorized to conduct under Florida law. All
3022 purses shall be subject to the terms of chapter 550.
3023 (c)1. If an agreement required under paragraph (a) cannot
3024 be reached prior to the initial issuance of the slot machine
3025 license, either party may request arbitration or, in the case of
3026 a renewal, if an agreement required under paragraph (a) is not
3027 in place 120 days prior to the scheduled expiration date of the
3028 slot machine license, the applicant shall immediately ask the
3029 American Arbitration Association to furnish a list of 11
3030 arbitrators, each of whom shall have at least 5 years of
3031 commercial arbitration experience and no financial interest in
3032 or prior relationship with any of the parties or their
3033 affiliated or related entities or principals. Each required
3034 party to the agreement shall select a single arbitrator from the
3035 list provided by the American Arbitration Association within 10
3036 days of receipt, and the individuals so selected shall choose
3037 one additional arbitrator from the list within the next 10 days.
3038 2. If an agreement required under paragraph (a) is not in
3039 place 60 days after the request under subparagraph 1. in the
3040 case of an initial slot machine license or, in the case of a
3041 renewal, 60 days prior to the scheduled expiration date of the
3042 slot machine license, the matter shall be immediately submitted
3043 to mandatory binding arbitration to resolve the disagreement
3044 between the parties. The three arbitrators selected pursuant to
3045 subparagraph 1. shall constitute the panel that shall arbitrate
3046 the dispute between the parties pursuant to the American
3047 Arbitration Association Commercial Arbitration Rules and chapter
3048 682.
3049 3. At the conclusion of the proceedings, which shall be no
3050 later than 90 days after the request under subparagraph 1. in
3051 the case of an initial slot machine license or, in the case of a
3052 renewal, 30 days prior to the scheduled expiration date of the
3053 slot machine license, the arbitration panel shall present to the
3054 parties a proposed agreement that the majority of the panel
3055 believes equitably balances the rights, interests, obligations,
3056 and reasonable expectations of the parties. The parties shall
3057 immediately enter into such agreement, which shall satisfy the
3058 requirements of paragraph (a) and permit issuance of the pending
3059 annual slot machine license or renewal. The agreement produced
3060 by the arbitration panel under this subparagraph shall be
3061 effective until the last day of the license or renewal period or
3062 until the parties enter into a different agreement. Each party
3063 shall pay its respective costs of arbitration and shall pay one
3064 half of the costs of the arbitration panel, unless the parties
3065 otherwise agree. If the agreement produced by the arbitration
3066 panel under this subparagraph remains in place 120 days prior to
3067 the scheduled issuance of the next annual license renewal, then
3068 the arbitration process established in this paragraph will begin
3069 again.
3070 4. In the event that neither of the agreements required
3071 under paragraph (a) subparagraph (a)1. or the agreement required
3072 under subparagraph (a)2. are not in place by the deadlines
3073 established in this paragraph, arbitration regarding each
3074 agreement will proceed independently, with separate lists of
3075 arbitrators, arbitration panels, arbitration proceedings, and
3076 resulting agreements.
3077 5. With respect to the agreements required under paragraph
3078 (a) governing the payment of purses, the arbitration and
3079 resulting agreement called for under this paragraph shall be
3080 limited to the payment of purses from slot machine revenues
3081 only.
3082 Section 44. Section 551.1042, Florida Statutes, is created
3083 to read:
3084 551.1042 Transfer or relocation of slot machine license
3085 prohibited.—A slot machine license issued under this chapter may
3086 not be transferred or reissued when such reissuance is in the
3087 nature of a transfer so as to permit or authorize a licensee to
3088 change the location of a slot machine facility, except through
3089 the relocation of the pari-mutuel permit pursuant to s.
3090 550.0555.
3091 Section 45. Section 551.1043, Florida Statutes, is created
3092 to read:
3093 551.1043 Slot machine license to enhance live pari-mutuel
3094 activity.—In recognition of the important and long-standing
3095 economic contribution of the pari-mutuel industry to this state
3096 and the state’s vested interest in the revenue generated from
3097 that industry and in the interest of promoting the continued
3098 viability of the important statewide agricultural activities
3099 that the industry supports, the Legislature finds that it is in
3100 the state’s interest to provide a limited opportunity for the
3101 establishment of two additional slot machine licenses to be
3102 awarded and renewed annually and located within Broward County
3103 or a county as defined in s. 125.011.
3104 (1)(a) Within 120 days after the effective date of this
3105 act, any person who is not a slot machine licensee may apply to
3106 the division pursuant to s. 551.104(1) for one of the two slot
3107 machine licenses created by this section to be located in
3108 Broward County or a county as defined in s. 125.011. No more
3109 than one of such licenses may be awarded in each of those
3110 counties. An applicant shall submit an application to the
3111 division which satisfies the requirements of s. 550.054(3). Any
3112 person prohibited from holding any horseracing or dogracing
3113 permit or jai alai fronton permit pursuant to s. 550.1815 is
3114 ineligible to apply for the additional slot machine license
3115 created by this section.
3116 (b) The application shall be accompanied by a nonrefundable
3117 license application fee of $2 million. The license application
3118 fee shall be deposited into the Pari-mutuel Wagering Trust Fund
3119 of the Department of Business and Professional Regulation to be
3120 used by the division and the Department of Law Enforcement for
3121 investigations, the regulation of slot machine gaming, and the
3122 enforcement of slot machine gaming under this chapter. In the
3123 event of a successful award, the license application fee shall
3124 be credited toward the license application fee required by s.
3125 551.106.
3126 (2) If there is more than one applicant for an additional
3127 slot machine license, the division shall award such license to
3128 the applicant that receives the highest score based on the
3129 following criteria:
3130 (a) The amount of slot machine revenues the applicant will
3131 agree to dedicate to the enhancement of pari-mutuel purses and
3132 breeders’, stallion, and special racing or player awards to be
3133 awarded to pari-mutuel activities conducted pursuant to chapter
3134 550, in addition to those required pursuant to ss.
3135 551.104(4)(c)2. and 849.086(14)(d)2.;
3136 (b) The amount of slot machine revenues the applicant will
3137 agree to dedicate to the general promotion of the state’s pari
3138 mutuel industry;
3139 (c) The amount of slot machine revenues the applicant will
3140 agree to dedicate to care provided in this state to injured or
3141 retired animals, jockeys, or jai alai players;
3142 (d) The projected amount by which the proposed slot machine
3143 facility will increase tourism, generate jobs, provide revenue
3144 to the local economy, and provide revenue to the state. The
3145 applicant and its partners shall document their previous
3146 experience in constructing premier facilities with high-quality
3147 amenities which complement a local tourism industry;
3148 (e) The financial history of the applicant and its
3149 partners, including, but not limited to, any capital investments
3150 in slot machine gaming and pari-mutuel facilities, and its bona
3151 fide plan for future community involvement and financial
3152 investment;
3153 (f) The history of investment by the applicant and its
3154 partners in the communities in which its previous developments
3155 have been located;
3156 (g) The ability to purchase and maintain a surety bond in
3157 an amount established by the division to represent the projected
3158 annual state revenues expected to be generated by the proposed
3159 slot machine facility;
3160 (h) The ability to demonstrate the financial wherewithal to
3161 adequately capitalize, develop, construct, maintain, and operate
3162 a proposed slot machine facility. The applicant must demonstrate
3163 the ability to commit at least $100 million for hard costs
3164 related to construction and development of the facility,
3165 exclusive of the purchase price and costs associated with the
3166 acquisition of real property and any impact fees. The applicant
3167 must also demonstrate the ability to meet any projected secured
3168 and unsecured debt obligations and to complete construction
3169 within 2 years after receiving the award of the slot machine
3170 license;
3171 (i) The ability to implement a program to train and employ
3172 residents of South Florida to work at the facility and contract
3173 with local business owners for goods and services; and
3174 (j) The ability of the applicant to generate, with its
3175 partners, substantial gross gaming revenue following the award
3176 of gaming licenses through a competitive process.
3177
3178 The division shall award additional points in the evaluation of
3179 the applications for proposed projects located within a half
3180 mile of two forms of public transportation in a designated
3181 community redevelopment area or district.
3182 (3)(a) Notwithstanding the timeframes established in s.
3183 120.60, the division shall complete its evaluations at least 120
3184 days after the submission of applications and shall notice its
3185 intent to award each of the licenses within that timeframe.
3186 Within 30 days after the submission of an application, the
3187 division shall issue, if necessary, requests for additional
3188 information or notices of deficiency to the applicant, who must
3189 respond within 15 days. Failure to timely and sufficiently
3190 respond to such requests or to correct identified deficiencies
3191 is grounds for denial of the application.
3192 (b) Any protest of an intent to award a license shall be
3193 forwarded to the Division of Administrative Hearings, which
3194 shall conduct an administrative hearing on the matter before an
3195 administrative law judge at least 30 days after the notice of
3196 intent to award. The administrative law judge shall issue a
3197 proposed recommended order at least 30 days after the completion
3198 of the final hearing. The division shall issue a final order at
3199 least 15 days after receipt of the proposed recommended order.
3200 (c) Any appeal of a license denial shall be made to the
3201 First District Court of Appeal and must be accompanied by the
3202 posting of a supersedeas bond in favor of the state in an amount
3203 determined by the division to be equal to the amount of
3204 projected annual slot machine revenue expected to be generated
3205 for the state by the successful licensee which shall be payable
3206 to the state if the state prevails in the appeal.
3207 (4) The division is authorized to adopt emergency rules
3208 pursuant to s. 120.54 to implement this section. The Legislature
3209 finds that such emergency rulemaking power is necessary for the
3210 preservation of the rights and welfare of the people in order to
3211 provide additional funds to benefit the public. The Legislature
3212 further finds that the unique nature of the competitive award of
3213 the slot machine licenses under this section requires that the
3214 department respond as quickly as is practicable to implement
3215 this section. Therefore, in adopting such emergency rules, the
3216 division is exempt from s. 120.54(4)(a). Emergency rules adopted
3217 under this section are exempt from s. 120.54(4)(c) and shall
3218 remain in effect until replaced by other emergency rules or by
3219 rules adopted pursuant to chapter 120.
3220 (5) A licensee authorized pursuant to this section to
3221 conduct slot machine gaming is:
3222 (a) Authorized to operate a cardroom pursuant to s.
3223 849.086, notwithstanding that the licensee does not have a pari
3224 mutuel permit and does not have an operating license, pursuant
3225 to chapter 550;
3226 (b) Authorized to operate up to 25 house banked blackjack
3227 table games at its facility pursuant to s. 551.1044(2) and is
3228 subject to s. 551.1044(3), notwithstanding that the licensee
3229 does not have a pari-mutuel permit and does not have an
3230 operating license, pursuant to chapter 550;
3231 (c) Exempt from compliance with chapter 550; and
3232 (d) Exempt from s. 551.104(3), (4)(b) and (c)1., (5), and
3233 (10) and from s. 551.114(4).
3234 Section 46. Section 551.1044, Florida Statutes, is created
3235 to read:
3236 551.1044 House banked blackjack table games authorized.—
3237 (1) The pari-mutuel permitholder of each of the following
3238 pari-mutuel wagering facilities may operate up to 25 house
3239 banked blackjack table games at the permitholder’s facility:
3240 (a) A licensed pari-mutuel facility where live racing or
3241 games were conducted during calendar years 2002 and 2003,
3242 located in Miami-Dade County or Broward County, and authorized
3243 for slot machine licensure pursuant to s. 23, Art. X of the
3244 State Constitution; and
3245 (b) A licensed pari-mutuel facility where a full schedule
3246 of live horseracing has been conducted for 2 consecutive
3247 calendar years immediately preceding its initial application for
3248 a slot machine license which is located within a county as
3249 defined in s. 125.011.
3250 (2) Wagers on authorized house banked blackjack table games
3251 may not exceed $100 for each initial two-card wager. Subsequent
3252 wagers on splits or double downs are allowed but may not exceed
3253 the initial two-card wager. Single side bets of not more than $5
3254 are also allowed.
3255 (3) Each pari-mutuel permitholder offering house banked
3256 blackjack pursuant to this section shall pay a tax to the state
3257 of 25 percent of the blackjack operator’s monthly gross
3258 receipts. All provisions of s. 849.086(14), except s.
3259 849.086(14)(a) or (b), apply to taxes owed pursuant to this
3260 section.
3261 Section 47. Subsections (1) and (2) and present subsection
3262 (4) of section 551.106, Florida Statutes, are amended,
3263 subsections (3) and (5) of that section are redesignated as new
3264 subsection (4) and subsection (6), respectively, and a new
3265 subsection (3) is added to that section, to read:
3266 551.106 License fee; tax rate; penalties.—
3267 (1) LICENSE FEE.—
3268 (a) Upon submission of the initial application for a slot
3269 machine license, and annually thereafter, on the anniversary
3270 date of the issuance of the initial license, the licensee must
3271 pay to the division a nonrefundable license fee of $3 million
3272 for the succeeding 12 months of licensure. In the 2010-2011
3273 fiscal year, the licensee must pay the division a nonrefundable
3274 license fee of $2.5 million for the succeeding 12 months of
3275 licensure. In the 2011-2012 fiscal year and for every fiscal
3276 year thereafter, the licensee must pay the division a
3277 nonrefundable license fee of $2 million for the succeeding 12
3278 months of licensure. The license fee shall be deposited into the
3279 Pari-mutuel Wagering Trust Fund of the Department of Business
3280 and Professional Regulation to be used by the division and the
3281 Department of Law Enforcement for investigations, regulation of
3282 slot machine gaming, and enforcement of slot machine gaming
3283 provisions under this chapter. These payments shall be accounted
3284 for separately from taxes or fees paid pursuant to the
3285 provisions of chapter 550.
3286 (b) Prior to January 1, 2007, the division shall evaluate
3287 the license fee and shall make recommendations to the President
3288 of the Senate and the Speaker of the House of Representatives
3289 regarding the optimum level of slot machine license fees in
3290 order to adequately support the slot machine regulatory program.
3291 (2) TAX ON SLOT MACHINE REVENUES.—
3292 (a)1. The tax rate on slot machine revenues at each
3293 facility is shall be 35 percent. Effective January 1, 2018, the
3294 tax rate on slot machine revenues at each facility is 30
3295 percent. Effective July 1, 2019, the tax rate on slot machine
3296 revenues at each facility is 25 percent.
3297 2.a. If, during any state fiscal year, the aggregate amount
3298 of tax paid to the state by all slot machine licensees in
3299 Broward and Miami-Dade Counties which were licensed before
3300 January 1, 2017, is less than the aggregate amount of tax paid
3301 to the state by all slot machine licensees in those counties
3302 that were licensed before January 1, 2017, in the 2017-2018
3303 2008-2009 fiscal year, each slot machine licensee that was
3304 licensed before January 1, 2017, shall pay to the state within
3305 45 days after the end of the state fiscal year a surcharge equal
3306 to its pro rata share of an amount equal to the difference
3307 between the aggregate amount of tax paid to the state by all
3308 slot machine licensees in the 2008-2009 fiscal year and the
3309 amount of tax paid during the fiscal year.
3310 b. The amount of the surcharge to be paid by each such
3311 licensee shall be calculated by dividing the aggregate amount of
3312 slot machine taxes paid to the state by all such slot machine
3313 licensees in the 2017-2018 fiscal year by the aggregate amount
3314 of slot machine taxes paid by all such licensees during the
3315 applicable state fiscal year, multiplying the result by the
3316 amount of slot machine taxes paid by the licensee during the
3317 applicable state fiscal year, and then subtracting from that
3318 product the amount of slot machine taxes paid by the licensee
3319 during the applicable state fiscal year. However, the sum of the
3320 taxes paid by a licensee pursuant to subparagraph 1. and any
3321 surcharge due from the licensee may not exceed 35 percent of the
3322 slot machine revenue of that licensee in the applicable state
3323 fiscal year. Each licensee’s pro rata share shall be an amount
3324 determined by dividing the number 1 by the number of facilities
3325 licensed to operate slot machines during the applicable fiscal
3326 year, regardless of whether the facility is operating such
3327 machines.
3328 (b) The slot machine revenue tax imposed by this section on
3329 facilities licensed pursuant to s. 551.104(2)(a)1.-3. shall be
3330 paid to the division for deposit into the Pari-mutuel Wagering
3331 Trust Fund for immediate transfer by the Chief Financial Officer
3332 for deposit into the Educational Enhancement Trust Fund of the
3333 Department of Education. Any interest earnings on the tax
3334 revenues shall also be transferred to the Educational
3335 Enhancement Trust Fund. The slot machine revenue tax imposed by
3336 this section on facilities licensed pursuant to s.
3337 551.104(2)(a)4. shall be paid to the division for deposit into
3338 the Pari-mutuel Wagering Trust Fund. The division shall transfer
3339 90 percent of such funds to be deposited by the Chief Financial
3340 Officer into the Educational Enhancement Trust Fund of the
3341 Department of Education and shall transfer 10 percent of such
3342 funds to the responsible public entity for the public-private
3343 partnership of the slot machine licensee pursuant to ss.
3344 551.104(2)(a)4. and 255.065.
3345 (c)1. Funds transferred to the Educational Enhancement
3346 Trust Fund under paragraph (b) shall be used to supplement
3347 public education funding statewide. Funds transferred to a
3348 responsible public entity pursuant to paragraph (b) shall be
3349 used in accordance with s. 255.065 to finance the qualifying
3350 project of such entity and the slot machine licensee which
3351 established the licensee’s eligibility for initial licensure
3352 pursuant to s. 551.104(2)(a)4.
3353 2. If necessary to comply with any covenant established
3354 pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
3355 funds transferred to the Educational Enhancement Trust Fund
3356 under paragraph (b) shall first be available to pay debt service
3357 on lottery bonds issued to fund school construction in the event
3358 lottery revenues are insufficient for such purpose or to satisfy
3359 debt service reserve requirements established in connection with
3360 lottery bonds. Moneys available pursuant to this subparagraph
3361 are subject to annual appropriation by the Legislature.
3362 (3) SLOT MACHINE GUARANTEE FEE; SURCHARGE.—
3363 (a) If a permitholder located within a county that has
3364 conducted a successful slot machine referendum after January 1,
3365 2012, or a holder of a slot machine license awarded pursuant to
3366 s. 551.1043 does not pay at least $11 million in total slot
3367 machine taxes and license fees to the state in state fiscal year
3368 2018-2019, the permitholder shall pay to the state within 45
3369 days after the end of the state fiscal year a surcharge equal to
3370 the difference between the aggregate amount of slot machine
3371 taxes and license fees paid to the state in the fiscal year and
3372 $11 million, regardless of whether the permitholder or licensee
3373 operated slot machines during the fiscal year.
3374 (b) If a permitholder located within a county that has
3375 conducted a successful slot machine referendum after January 1,
3376 2012, or a holder of a slot machine license awarded pursuant to
3377 s. 551.1043 does not pay at least $21 million in total slot
3378 machine taxes and license fees to the state in state fiscal year
3379 2019-2020 and any subsequent state fiscal year, the permitholder
3380 shall pay to the state within 45 days after the end of the state
3381 fiscal year a surcharge equal to the difference between the
3382 aggregate amount of slot machine taxes and license fees paid to
3383 the state in the fiscal year and $21 million, regardless of
3384 whether the permitholder or licensee operated slot machines
3385 during the fiscal year.
3386 (5)(4) TO PAY TAX; PENALTIES.—A slot machine licensee or
3387 pari-mutuel permitholder who fails to make tax and any
3388 applicable surcharge payments as required under this section is
3389 subject to an administrative penalty of up to $10,000 for each
3390 day the tax payment is not remitted. All administrative
3391 penalties imposed and collected shall be deposited into the
3392 Pari-mutuel Wagering Trust Fund of the Department of Business
3393 and Professional Regulation. If any slot machine licensee or
3394 pari-mutuel permitholder fails to pay penalties imposed by order
3395 of the division under this subsection, the division may deny,
3396 suspend, revoke, or refuse to renew the license of the
3397 permitholder or slot machine licensee.
3398 Section 48. Subsection (2) of section 551.108, Florida
3399 Statutes, is amended to read:
3400 551.108 Prohibited relationships.—
3401 (2) A manufacturer or distributor of slot machines may not
3402 enter into any contract with a slot machine licensee that
3403 provides for any revenue sharing of any kind or nature that is
3404 directly or indirectly calculated on the basis of a percentage
3405 of slot machine revenues. Any maneuver, shift, or device whereby
3406 this subsection is violated is a violation of this chapter and
3407 renders any such agreement void. This subsection does not apply
3408 to contracts related to a progressive system used in conjunction
3409 with slot machines.
3410 Section 49. Subsections (2) and (4) of section 551.114,
3411 Florida Statutes, are amended to read:
3412 551.114 Slot machine gaming areas.—
3413 (2) If such races or games are available to the slot
3414 machine licensee, the slot machine licensee shall display pari
3415 mutuel races or games within the designated slot machine gaming
3416 areas and offer patrons within the designated slot machine
3417 gaming areas the ability to engage in pari-mutuel wagering on
3418 any live, intertrack, and simulcast races conducted or offered
3419 to patrons of the licensed facility.
3420 (4) Designated slot machine gaming areas shall may be
3421 located anywhere within the property described in a slot machine
3422 licensee’s pari-mutuel permit within the current live gaming
3423 facility or in an existing building that must be contiguous and
3424 connected to the live gaming facility. If a designated slot
3425 machine gaming area is to be located in a building that is to be
3426 constructed, that new building must be contiguous and connected
3427 to the live gaming facility.
3428 Section 50. Section 551.116, Florida Statutes, is amended
3429 to read:
3430 551.116 Days and hours of operation.—Slot machine gaming
3431 areas may be open 24 hours per day, 7 days a week daily
3432 throughout the year. The slot machine gaming areas may be open a
3433 cumulative amount of 18 hours per day on Monday through Friday
3434 and 24 hours per day on Saturday and Sunday and on those
3435 holidays specified in s. 110.117(1).
3436 Section 51. Subsections (1) and (3) of section 551.121,
3437 Florida Statutes, are amended to read:
3438 551.121 Prohibited activities and devices; exceptions.—
3439 (1) Complimentary or reduced-cost alcoholic beverages may
3440 not be served to a person persons playing a slot machine.
3441 Alcoholic beverages served to persons playing a slot machine
3442 shall cost at least the same amount as alcoholic beverages
3443 served to the general public at a bar within the facility.
3444 (3) A slot machine licensee may not allow any automated
3445 teller machine or similar device designed to provide credit or
3446 dispense cash to be located within the designated slot machine
3447 gaming areas of a facility of a slot machine licensee.
3448 Section 52. Present subsections (9) through (17) of section
3449 849.086, Florida Statutes, are redesignated as subsections (10)
3450 through (18), respectively, and a new subsection (9) is added to
3451 that section, subsections (1) and (2) of that section are
3452 amended, paragraph (g) is added to subsection (4) of that
3453 section, and paragraph (b) of subsection (5), paragraphs (a),
3454 (b), and (c) of subsection (7), paragraphs (a) and (b) of
3455 subsection (8), present subsection (12), paragraphs (d) and (h)
3456 of present subsection (13), and present subsection (17) of
3457 section 849.086, Florida Statutes, are amended, to read:
3458 849.086 Cardrooms authorized.—
3459 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
3460 to provide additional entertainment choices for the residents of
3461 and visitors to the state, promote tourism in the state, provide
3462 revenues to support the continuation of live pari-mutuel
3463 activity, and provide additional state revenues through the
3464 authorization of the playing of certain games in the state at
3465 facilities known as cardrooms which are to be located at
3466 licensed pari-mutuel facilities. To ensure the public confidence
3467 in the integrity of authorized cardroom operations, this act is
3468 designed to strictly regulate the facilities, persons, and
3469 procedures related to cardroom operations. Furthermore, the
3470 Legislature finds that authorized games of poker and dominoes as
3471 herein defined are considered to be pari-mutuel style games and
3472 not casino gaming because the participants play against each
3473 other instead of against the house.
3474 (2) DEFINITIONS.—As used in this section:
3475 (a) “Authorized game” means a game or series of games of
3476 poker or dominoes which are played in conformance with this
3477 section a nonbanking manner.
3478 (b) “Banking game” means a game in which the house is a
3479 participant in the game, taking on players, paying winners, and
3480 collecting from losers or in which the cardroom establishes a
3481 bank against which participants play. A designated player game
3482 is not a banking game.
3483 (c) “Cardroom” means a facility where authorized games are
3484 played for money or anything of value and to which the public is
3485 invited to participate in such games and charged a fee for
3486 participation by the operator of such facility. Authorized games
3487 and cardrooms do not constitute casino gaming operations if
3488 conducted at an eligible facility.
3489 (d) “Cardroom management company” means any individual not
3490 an employee of the cardroom operator, any proprietorship,
3491 partnership, corporation, or other entity that enters into an
3492 agreement with a cardroom operator to manage, operate, or
3493 otherwise control the daily operation of a cardroom.
3494 (e) “Cardroom distributor” means any business that
3495 distributes cardroom paraphernalia such as card tables, betting
3496 chips, chip holders, dominoes, dominoes tables, drop boxes,
3497 banking supplies, playing cards, card shufflers, and other
3498 associated equipment to authorized cardrooms.
3499 (f) “Cardroom operator” means a licensed pari-mutuel
3500 permitholder that which holds a valid permit and license issued
3501 by the division pursuant to chapter 550 and which also holds a
3502 valid cardroom license issued by the division pursuant to this
3503 section which authorizes such person to operate a cardroom and
3504 to conduct authorized games in such cardroom.
3505 (g) “Designated player” means the player identified as the
3506 player in the dealer position and seated at a traditional player
3507 position in a designated player game who pays winning players
3508 and collects from losing players.
3509 (h) “Designated player game” means a game in which the
3510 players compare their cards only to the cards of the designated
3511 player or to a combination of cards held by the designated
3512 player and cards common and available for play by all players.
3513 (i)(g) “Division” means the Division of Pari-mutuel
3514 Wagering of the Department of Business and Professional
3515 Regulation.
3516 (j)(h) “Dominoes” means a game of dominoes typically played
3517 with a set of 28 flat rectangular blocks, called “bones,” which
3518 are marked on one side and divided into two equal parts, with
3519 zero to six dots, called “pips,” in each part. The term also
3520 includes larger sets of blocks that contain a correspondingly
3521 higher number of pips. The term also means the set of blocks
3522 used to play the game.
3523 (k)(i) “Gross receipts” means the total amount of money
3524 received by a cardroom from any person for participation in
3525 authorized games.
3526 (l)(j) “House” means the cardroom operator and all
3527 employees of the cardroom operator.
3528 (m)(k) “Net proceeds” means the total amount of gross
3529 receipts received by a cardroom operator from cardroom
3530 operations less direct operating expenses related to cardroom
3531 operations, including labor costs, admission taxes only if a
3532 separate admission fee is charged for entry to the cardroom
3533 facility, gross receipts taxes imposed on cardroom operators by
3534 this section, the annual cardroom license fees imposed by this
3535 section on each table operated at a cardroom, and reasonable
3536 promotional costs excluding officer and director compensation,
3537 interest on capital debt, legal fees, real estate taxes, bad
3538 debts, contributions or donations, or overhead and depreciation
3539 expenses not directly related to the operation of the cardrooms.
3540 (n)(l) “Rake” means a set fee or percentage of the pot
3541 assessed by a cardroom operator for providing the services of a
3542 dealer, table, or location for playing the authorized game.
3543 (o)(m) “Tournament” means a series of games that have more
3544 than one betting round involving one or more tables and where
3545 the winners or others receive a prize or cash award.
3546 (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
3547 Wagering of the Department of Business and Professional
3548 Regulation shall administer this section and regulate the
3549 operation of cardrooms under this section and the rules adopted
3550 pursuant thereto, and is hereby authorized to:
3551 (g) Establish a reasonable period to respond to requests
3552 from a licensed cardroom; provided however, the division has a
3553 maximum of 45 days to approve:
3554 1. A cardroom’s internal controls or provide the cardroom
3555 with a list of deficiencies as to the internal controls.
3556 2. Rules for a new authorized game submitted by a licensed
3557 cardroom or provide the cardroom with a list of deficiencies as
3558 to those rules.
3559
3560 Not later than 10 days after the submission of revised internal
3561 controls or revised rules addressing the deficiencies identified
3562 by the division, the division must review and approve or reject
3563 the revised internal controls or revised rules.
3564 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
3565 operate a cardroom in this state unless such person holds a
3566 valid cardroom license issued pursuant to this section.
3567 (b) After the initial cardroom license is granted, the
3568 application for the annual license renewal shall be made in
3569 conjunction with the applicant’s annual application for its
3570 pari-mutuel license. If a permitholder has operated a cardroom
3571 during any of the 3 previous fiscal years and fails to include a
3572 renewal request for the operation of the cardroom in its annual
3573 application for license renewal, the permitholder may amend its
3574 annual application to include operation of the cardroom. In
3575 order for a cardroom license to be renewed the applicant must
3576 have requested, as part of its pari-mutuel annual license
3577 application, to conduct at least 90 percent of the total number
3578 of live performances conducted by such permitholder during
3579 either the state fiscal year in which its initial cardroom
3580 license was issued or the state fiscal year immediately prior
3581 thereto if the permitholder ran at least a full schedule of live
3582 racing or games in the prior year. If the application is for a
3583 harness permitholder cardroom, the applicant must have requested
3584 authorization to conduct a minimum of 140 live performances
3585 during the state fiscal year immediately prior thereto. If more
3586 than one permitholder is operating at a facility, each
3587 permitholder must have applied for a license to conduct a full
3588 schedule of live racing.
3589 (7) CONDITIONS FOR OPERATING A CARDROOM.—
3590 (a) A cardroom may be operated only at the location
3591 specified on the cardroom license issued by the division, and
3592 such location may only be the location at which the pari-mutuel
3593 permitholder is authorized to conduct pari-mutuel wagering
3594 activities pursuant to such permitholder’s valid pari-mutuel
3595 permit or as otherwise authorized by law. Cardroom operations
3596 may not be allowed beyond the hours provided in paragraph (b)
3597 regardless of the number of cardroom licenses issued for
3598 permitholders operating at the pari-mutuel facility.
3599 (b) Any cardroom operator may operate a cardroom at the
3600 pari-mutuel facility daily throughout the year, if the
3601 permitholder meets the requirements under paragraph (5)(b). The
3602 cardroom may be open a cumulative amount of 18 hours per day on
3603 Monday through Friday and 24 hours per day on Saturday and
3604 Sunday and on the holidays specified in s. 110.117(1).
3605 (c) A cardroom operator must at all times employ and
3606 provide a nonplaying live dealer at for each table on which
3607 authorized card games which traditionally use a dealer are
3608 conducted, except for designated player games at the cardroom.
3609 Such dealers may not have a participatory interest in any game
3610 other than the dealing of cards and may not have an interest in
3611 the outcome of the game. The providing of such dealers by a
3612 licensee does not constitute the conducting of a banking game by
3613 the cardroom operator.
3614 (8) METHOD OF WAGERS; LIMITATION.—
3615 (a) No Wagering may not be conducted using money or other
3616 negotiable currency. Games may only be played utilizing a
3617 wagering system whereby all players’ money is first converted by
3618 the house to tokens or chips that may which shall be used for
3619 wagering only at that specific cardroom.
3620 (b) The cardroom operator may limit the amount wagered in
3621 any game or series of games.
3622 (9) DESIGNATED PLAYER GAMES AUTHORIZED.—
3623 (a) A cardroom operator may offer designated player games
3624 consisting of players making wagers against the designated
3625 player. The designated player must be licensed pursuant to
3626 paragraph (6)(b). Employees of a designated player also must be
3627 licensed, and the designated player shall pay, in addition to
3628 the business occupational fee established pursuant to paragraph
3629 (6)(i), an employee occupational license fee which may not
3630 exceed $500 per employee for any 12-month period.
3631 (b) A cardroom operator may not serve as a designated
3632 player in any game. The cardroom operator may not have a
3633 financial interest in a designated player in any game. A
3634 cardroom operator may collect a rake in accordance with the rake
3635 structure posted at the table.
3636 (c) If there are multiple designated players at a table,
3637 the dealer button shall be rotated in a clockwise rotation after
3638 each hand.
3639 (d) A cardroom operator may not allow a designated player
3640 to pay an opposing player who holds a lower ranked hand.
3641 (e) A designated player may not be required by the rules of
3642 a game or by the rules of a cardroom to cover all wagers posted
3643 by the opposing players.
3644 (f) The cardroom, or any cardroom licensee, may not
3645 contract with, or receive compensation other than a posted table
3646 rake from, any player to participate in any game to serve as a
3647 designated player.
3648 (13)(12) PROHIBITED ACTIVITIES.—
3649 (a) A No person licensed to operate a cardroom may not
3650 conduct any banking game or any game not specifically authorized
3651 by this section.
3652 (b) A No person who is younger than under 18 years of age
3653 may not be permitted to hold a cardroom or employee license, or
3654 to engage in any game conducted therein.
3655 (c) With the exception of mechanical card shufflers, No
3656 electronic or mechanical devices, except mechanical card
3657 shufflers, may not be used to conduct any authorized game in a
3658 cardroom.
3659 (d) No Cards, game components, or game implements may not
3660 be used in playing an authorized game unless they have such has
3661 been furnished or provided to the players by the cardroom
3662 operator.
3663 (14)(13) TAXES AND OTHER PAYMENTS.—
3664 (d)1. Each greyhound and jai alai permitholder that
3665 operates a cardroom facility shall use at least 4 percent of
3666 such permitholder’s cardroom monthly gross receipts to
3667 supplement greyhound purses and awards or jai alai prize money,
3668 respectively, during the permitholder’s next ensuing pari-mutuel
3669 meet.
3670 2. A cardroom license or renewal thereof may not be issued
3671 to a permitholder conducting less than a full schedule of live
3672 racing or games as defined in s. 550.002(11) unless the
3673 applicant has on file with the division a binding written
3674 contract with a thoroughbred permitholder that is licensed to
3675 conduct live racing and that does not possess a slot machine
3676 license. This contract must provide that the permitholder will
3677 pay an amount equal to 4 percent of its monthly cardroom gross
3678 receipts to the thoroughbred permitholder conducting the live
3679 racing for exclusive use as purses and awards during the current
3680 or ensuing live racing meet of the thoroughbred permitholder. A
3681 thoroughbred permitholder receiving funds under this
3682 subparagraph shall remit, within 10 days of receipt, 10 percent
3683 of those funds to the Florida Thoroughbred Breeders’
3684 Association, Inc., for the payment of breeders’, stallion, and
3685 special racing awards, subject to the fee authorized in s.
3686 550.2625(3). If there is not a thoroughbred permitholder that
3687 does not possess a slot machine license, payments for purses are
3688 not required, and the cardroom licensee shall retain such funds
3689 for its use Each thoroughbred and harness horse racing
3690 permitholder that operates a cardroom facility shall use at
3691 least 50 percent of such permitholder’s cardroom monthly net
3692 proceeds as follows: 47 percent to supplement purses and 3
3693 percent to supplement breeders’ awards during the permitholder’s
3694 next ensuing racing meet.
3695 3. No cardroom license or renewal thereof shall be issued
3696 to an applicant holding a permit under chapter 550 to conduct
3697 pari-mutuel wagering meets of quarter horse racing unless the
3698 applicant has on file with the division a binding written
3699 agreement between the applicant and the Florida Quarter Horse
3700 Racing Association or the association representing a majority of
3701 the horse owners and trainers at the applicant’s eligible
3702 facility, governing the payment of purses on live quarter horse
3703 races conducted at the licensee’s pari-mutuel facility. The
3704 agreement governing purses may direct the payment of such purses
3705 from revenues generated by any wagering or gaming the applicant
3706 is authorized to conduct under Florida law. All purses shall be
3707 subject to the terms of chapter 550.
3708 (h) One-quarter of the moneys deposited into the Pari
3709 mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
3710 October 1 of each year, be distributed to the local government
3711 that approved the cardroom under subsection (17) (16); however,
3712 if two or more pari-mutuel racetracks are located within the
3713 same incorporated municipality, the cardroom funds shall be
3714 distributed to the municipality. If a pari-mutuel facility is
3715 situated in such a manner that it is located in more than one
3716 county, the site of the cardroom facility shall determine the
3717 location for purposes of disbursement of tax revenues under this
3718 paragraph. The division shall, by September 1 of each year,
3719 determine: the amount of taxes deposited into the Pari-mutuel
3720 Wagering Trust Fund pursuant to this section from each cardroom
3721 licensee; the location by county of each cardroom; whether the
3722 cardroom is located in the unincorporated area of the county or
3723 within an incorporated municipality; and, the total amount to be
3724 distributed to each eligible county and municipality.
3725 (18)(17) CHANGE OF LOCATION; REFERENDUM.—
3726 (a) Notwithstanding any provisions of this section, a no
3727 cardroom gaming license issued under this section may not shall
3728 be transferred, or reissued when such reissuance is in the
3729 nature of a transfer, so as to permit or authorize a licensee to
3730 change the location of the cardroom except through the
3731 relocation of the pari-mutuel permit pursuant to s. 550.0555 or
3732 s. 550.3345 upon proof in such form as the division may
3733 prescribe that a referendum election has been held:
3734 1. If the proposed new location is within the same county
3735 as the already licensed location, in the county where the
3736 licensee desires to conduct cardroom gaming and that a majority
3737 of the electors voting on the question in such election voted in
3738 favor of the transfer of such license. However, the division
3739 shall transfer, without requirement of a referendum election,
3740 the cardroom license of any permitholder that relocated its
3741 permit pursuant to s. 550.0555.
3742 2. If the proposed new location is not within the same
3743 county as the already licensed location, in the county where the
3744 licensee desires to conduct cardroom gaming and that a majority
3745 of the electors voting on that question in each such election
3746 voted in favor of the transfer of such license.
3747 (b) The expense of each referendum held under the
3748 provisions of this subsection shall be borne by the licensee
3749 requesting the transfer.
3750 Section 53. Paragraph (c) is added to subsection (2) of
3751 section 849.0931, Florida Statutes, and subsection (14) of that
3752 section is republished, to read:
3753 849.0931 Bingo authorized; conditions for conduct;
3754 permitted uses of proceeds; limitations.—
3755 (2)
3756 (c) Veterans’ organizations engaged in charitable, civic,
3757 benevolent, or scholastic works or other similar endeavors,
3758 which organizations have been in existence for 3 years or more,
3759 may conduct instant bingo in accordance with the requirements of
3760 this section using electronic tickets in lieu of or together
3761 with instant bingo paper tickets, only on the following
3762 premises:
3763 1. Property owned by the veterans’ organization.
3764 2. Property owned by the veterans’ organization that will
3765 benefit from the proceeds.
3766 3. Property leased for a period of not less than 1 year by
3767 a veterans’ organization, providing the lease or rental
3768 agreement does not provide for the payment of a percentage of
3769 the proceeds generated at such premises to the lessor or any
3770 other party and providing the rental rate for such premises does
3771 not exceed the rental rates charged for similar premises in the
3772 same locale.
3773
3774 Electronic tickets for instant bingo must be nontransparent
3775 until the electronic ticket is opened by the player in
3776 electronic form and may only be sold or distributed in this
3777 state by veterans’ organizations after the software for such
3778 tickets has been independently analyzed and certified to be
3779 compliant with this section by a nationally recognized
3780 independent gaming laboratory.
3781 (14) Any organization or other person who willfully and
3782 knowingly violates any provision of this section commits a
3783 misdemeanor of the first degree, punishable as provided in s.
3784 775.082 or s. 775.083. For a second or subsequent offense, the
3785 organization or other person commits a felony of the third
3786 degree, punishable as provided in s. 775.082, s. 775.083, or s.
3787 775.084.
3788 Section 54. The Division of Pari-mutuel Wagering of the
3789 Department of Business and Professional Regulation shall revoke
3790 any permit to conduct pari-mutuel wagering if a permitholder has
3791 not conducted live events within the 24 months preceding the
3792 effective date of this act, unless the permit was issued under
3793 s. 550.3345, Florida Statutes, or the permit was issued less
3794 than 24 months preceding the effective date of this act. A
3795 permit revoked under this section may not be reissued.
3796 Section 55. The Division of Law Revision and Information is
3797 directed to replace the phrase “the effective date of this act”
3798 wherever it occurs in this act with the date the act becomes
3799 effective, in accordance with the notice received from the
3800 Secretary of the Department of Business and Professional
3801 Regulation pursuant to s. 285.710(3), Florida Statutes.
3802 Section 56. Except as otherwise expressly provided in this
3803 act, and except for this section, which shall take effect upon
3804 this act becoming a law, this act shall take effect only if the
3805 Gaming Compact between the Seminole Tribe of Florida and the
3806 State of Florida executed by the Governor and the Seminole Tribe
3807 of Florida on December 7, 2015, under the Indian Gaming
3808 Regulatory Act of 1988, is amended as required by this act, and
3809 is approved or deemed approved and not voided by the United
3810 States Department of the Interior, and shall take effect on the
3811 date that notice of the effective date of the amended compact is
3812 published in the Federal Register.
