Bill Text: FL S0666 | 2011 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Governmental Reorganization
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0666 Detail]
Download: Florida-2011-S0666-Comm_Sub.html
Bill Title: Governmental Reorganization
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0666 Detail]
Download: Florida-2011-S0666-Comm_Sub.html
Florida Senate - 2011 CS for SB 666
By the Committee on Regulated Industries; and Senator Ring
580-02257-11 2011666c1
1 A bill to be entitled
2 An act relating to governmental reorganization;
3 transferring and reassigning certain functions and
4 responsibilities, including records, personnel,
5 property, and unexpended balances of appropriations
6 and other resources, from the Division of Pari-mutuel
7 Wagering of the Department of Business and
8 Professional Regulation to the Department of Gaming
9 Control; transferring certain trust funds from the
10 Department of Business and Professional Regulation to
11 the Department of Gaming Control; amending s. 11.905,
12 F.S.; providing for the review of the Department of
13 Gaming Control; amending s. 20.165, F.S.; deleting the
14 Division of Pari-mutuel Wagering within the Department
15 of Business and Professional Regulation; creating s.
16 20.318, F.S.; establishing the Department of Gaming
17 Control; designating the Governor and Cabinet as the
18 Gaming Commission and head of the department; defining
19 terms; specifying powers and duties of the department;
20 authorizing the department to take testimony;
21 authorizing the department to exclude persons from
22 certain gaming establishments; authorizing the
23 department to conduct investigations and collect
24 fines; requiring the department to issue advisory
25 opinions under certain circumstances; authorizing the
26 department to employ law enforcement officers;
27 requiring the department to assist the Department of
28 Revenue for the benefit of financially dependent
29 children; amending s. 120.80, F.S.; deleting certain
30 exceptions and special requirements regarding hearings
31 applicable to the Department of Business and
32 Professional Regulation; creating certain exceptions
33 and special requirements regarding hearings within the
34 Department of Gaming Control; amending s. 285.710,
35 F.S.; providing that the Department of Gaming Control
36 is the state compliance agency for purposes of the
37 Indian Gaming Compact; amending s. 455.116, F.S.;
38 removing a trust fund from the Department of Business
39 and Professional Regulation; amending ss. 550.002,
40 550.0115, 550.01215, 550.0235, 550.0251, 550.0351,
41 550.054, 550.0555, 550.0651, 550.0745, 550.0951,
42 550.09511, 550.09512, 550.09514, 550.09515, 550.105,
43 550.1155, 550.125, 550.135, 550.155, 550.1648,
44 550.175, 550.1815, 550.24055, 550.2415, 550.2614,
45 550.26165, 550.2625, 550.26352, 550.2704, 550.334,
46 550.3345, 550.3355, 550.3551, 550.3615, 550.375,
47 550.495, 550.505, 550.5251, 550.625, 550.6305,
48 550.6308, 550.70, 550.902, and 550.907, F.S.;
49 conforming provisions to the transfer of the
50 regulation of pari-mutuel wagering from the Department
51 of Business and Professional Regulation to the
52 Department of Gaming Control; deleting obsolete
53 provisions; conforming cross-references; amending ss.
54 551.102, 551.103, 551.104, 551.1045, 551.105, 551.106,
55 551.107, 551.108, 551.109, 551.112, 551.114, 551.117,
56 551.118, 551.121, 551.122, and 551.123, F.S.;
57 conforming provisions to the transfer of the
58 regulation of slot machines from the Department of
59 Business and Professional Regulation to the Department
60 of Gaming Control; deleting obsolete provisions;
61 conforming cross-references; amending s. 565.02, F.S.;
62 providing for the licensure of caterers at a horse or
63 dog racetrack or jai alai fronton by the Department of
64 Gaming Control; amending s. 616.09, F.S.; providing
65 for the Department of Gaming Control or the Department
66 of Legal Affairs, to prosecute a fair association for
67 illegal gambling activities; amending s. 616.241,
68 F.S.; adding the Department of Gaming Control to the
69 list of entities authorized to enforce the
70 prohibitions against having certain games at
71 interstate fairs and specialized shows; amending s.
72 817.37, F.S.; providing for the enforcement of
73 prohibitions against touting by the Department of
74 Gaming Control; amending s. 849.086, F.S.; providing
75 for the regulation of cardrooms by the Department of
76 Gaming Control; amending s. 849.094, F.S.; providing
77 for the regulation of game promotions by the
78 Department of Gaming Control, rather than the
79 Department of Agriculture and Consumer Services;
80 deleting a reference to charitable nonprofit
81 organizations; deleting a reference to the Department
82 of Business and Professional Regulation to conform to
83 changes made by the act; providing an effective date.
84
85 Be It Enacted by the Legislature of the State of Florida:
86
87 Section 1. Transfers.—
88 (1) All of the statutory powers, duties and functions,
89 records, personnel, property, and unexpended balances of
90 appropriations, allocations, or other funds for the
91 administration of chapter 550, Florida Statutes, are transferred
92 by a type two transfer, as defined in s. 20.06(2), Florida
93 Statutes, from the Division of Pari-mutuel Wagering of the
94 Department of Business and Professional Regulation to the
95 Department of Gaming Control.
96 (2) All of the statutory powers, duties and functions,
97 records, personnel, property, and unexpended balances of
98 appropriations, allocations, or other funds for the
99 administration of chapter 551, Florida Statutes, are transferred
100 by a type two transfer, as defined in s. 20.06(2), Florida
101 Statutes, from the Division of Pari-mutuel Wagering of the
102 Department of Business and Professional Regulation to the
103 Department of Gaming Control.
104 (3) All of the statutory powers, duties and functions,
105 records, personnel, property, and unexpended balances of
106 appropriations, allocations, or other funds for the
107 administration of s. 849.086, Florida Statutes, are transferred
108 by a type two transfer, as defined in s. 20.06(2), Florida
109 Statutes, from the Division of Pari-mutuel Wagering of the
110 Department of Business and Professional Regulation to the
111 Department of Gaming Control.
112 (4) The following trust funds are transferred from the
113 Division of Pari-mutuel Wagering of the Department of Business
114 and Professional Regulation to the Department of Gaming Control:
115 (a) Pari-mutuel Wagering Trust Fund.
116 (b) Racing Scholarship Trust Fund.
117 Section 2. Paragraph (c) is added to subsection (8) of
118 section 11.905, Florida Statutes, to read:
119 11.905 Schedule for reviewing state agencies and advisory
120 committees.—The following state agencies, including their
121 advisory committees, or the following advisory committees of
122 agencies shall be reviewed according to the following schedule:
123 (8) Reviewed by July 1, 2022:
124 (c) Department of Gaming Control.
125
126 Upon completion of this cycle, each agency shall again be
127 subject to sunset review 10 years after its initial review.
128 Section 3. Subsection (2) of section 20.165, Florida
129 Statutes, is amended to read:
130 20.165 Department of Business and Professional Regulation.
131 There is created a Department of Business and Professional
132 Regulation.
133 (2) The following divisions of the Department of Business
134 and Professional Regulation are established:
135 (a) Division of Administration.
136 (b) Division of Alcoholic Beverages and Tobacco.
137 (c) Division of Certified Public Accounting.
138 1. The director of the division shall be appointed by the
139 secretary of the department, subject to approval by a majority
140 of the Board of Accountancy.
141 2. The offices of the division shall be located in
142 Gainesville.
143 (d) Division of Florida Condominiums, Timeshares, and
144 Mobile Homes.
145 (e) Division of Hotels and Restaurants.
146 (f) Division of Pari-mutuel Wagering.
147 (f)(g) Division of Professions.
148 (g)(h) Division of Real Estate.
149 1. The director of the division shall be appointed by the
150 secretary of the department, subject to approval by a majority
151 of the Florida Real Estate Commission.
152 2. The offices of the division shall be located in Orlando.
153 (h)(i) Division of Regulation.
154 (i)(j) Division of Technology.
155 (j)(k) Division of Service Operations.
156 Section 4. Section 20.318, Florida Statutes, is created to
157 read:
158 20.318 Department of Gaming Control.—There is created a
159 Department of Gaming Control.
160 (1) GAMING COMMISSION.—There is created the Gaming
161 Commission, composed of the Governor and Cabinet. The commission
162 members shall serve as agency head of the Department of Gaming
163 Control. The commission shall be responsible for appointing and
164 removing the executive director and general counsel.
165 (2) DIVISIONS.—The Department of Gaming Control shall
166 consist of the following divisions:
167 (a) The Division Licensing.
168 (b) The Division of Revenue and Audits.
169 (c) The Division of Investigation.
170 (d) The Division of Law Enforcement.
171 (e) The Division of Prosecution.
172 (3) DEFINITIONS.—As used in this section, the term:
173 (a) “Commission” means the Gaming Commission.
174 (b) “Department” means the Department of Gaming Control.
175 (c) “Gaming control” means any gaming activity, occupation,
176 or profession regulated by the department.
177 (d) “License” means any permit, registration, certificate,
178 or license issued by the department.
179 (e) “Licensee” means any person issued a permit,
180 registration, certificate, or license by the department.
181 (4) POWERS AND DUTIES.—
182 (a) The department shall adopt rules establishing a
183 procedure for the renewal of licenses.
184 (b) The department shall submit an annual budget to the
185 Legislature at a time and in the manner provided by law.
186 (c) The department shall adopt rules to administer the laws
187 under its authority.
188 (d) The department shall require an oath on application
189 documents as required by rule, which oath must state that the
190 information contained in the document is true and complete.
191 (e) The department shall adopt rules for the control,
192 supervision, and direction of all applicants, permittees, and
193 licensees and for the holding, conducting, and operating of any
194 gaming establishment under the jurisdiction of the department in
195 this state. The department shall have the authority to suspend a
196 permit or license under the jurisdiction of the department if
197 such permitholder or licensee has violated any provision of
198 chapter 550, chapter 551, s. 849.086, or s. 849.094 or rules
199 adopted by the department. Such rules must be uniform in their
200 application and effect, and the duty of exercising this control
201 and power is made mandatory upon the department.
202 (f) The department may take testimony concerning any matter
203 within its jurisdiction and issue summons and subpoenas for any
204 witness and subpoenas duces tecum in connection with any matter
205 within the jurisdiction of the department under its seal and
206 signed by the director.
207 (g) In addition to the power to exclude certain persons
208 from any pari-mutuel facility in this state, the department may
209 exclude any person from any and all gaming establishments under
210 the jurisdiction of the department in this state for conduct
211 that would constitute, if the person were a licensee, a
212 violation of chapter 550, chapter 551, s. 849.086, or s. 849.094
213 or the rules of the department. The department may exclude from
214 any gaming establishment under its jurisdiction within this
215 state any person who has been ejected from a pari-mutuel
216 facility or other gaming establishment in this state or who has
217 been excluded from any pari-mutuel facility or other gaming
218 establishment in another state by the governmental department,
219 agency, commission, or authority exercising regulatory
220 jurisdiction over such facilities in such other state. The
221 department may authorize any person who has been ejected or
222 excluded from establishments in this state or another state to
223 enter such facilities in this state upon a finding that the
224 attendance of such person would not be adverse to the public
225 interest or to the integrity of the industry; however, this
226 subsection shall not be construed to abrogate the common-law
227 right of a pari-mutuel permitholder or a proprietor of a gaming
228 establishment to exclude absolutely a patron in this state.
229 (h) The department may collect taxes and require compliance
230 with reporting requirements for financial information as
231 authorized by chapter 550, chapter 551, s. 849.086, or s.
232 849.094. In addition, the executive director of the department
233 may require gaming establishments within its jurisdiction within
234 the state to remit taxes, including fees, by electronic funds
235 transfer.
236 (i) The department may conduct investigations necessary for
237 enforcing chapters 550 and 551 and ss. 849.086 and 849.094.
238 (j) The department may impose an administrative fine for a
239 violation under chapter 550, chapter 551, s. 849.086, or s.
240 849.094 of not more than $1,000 for each count or separate
241 offense, except as otherwise provided in chapter 550, chapter
242 551, s. 849.086, or s. 849.094, and may suspend or revoke a
243 permit, a operating license, or an occupational license for a
244 violation under chapter 550, chapter 551, s. 849.086, or s.
245 849.094. All fines imposed and collected under this paragraph
246 must be deposited with the Chief Financial Officer to the credit
247 of the General Revenue Fund.
248 (k) The department shall have full authority and power to
249 make, adopt, amend, or repeal rules relating to gaming
250 operations, to enforce and to carry out the provisions of
251 chapters 550 and 551 and ss. 849.086 and 849.094, and to
252 regulate authorized gaming activities in the state.
253 (l) The department shall provide advisory opinions when
254 requested by any law enforcement official, state attorney, or
255 entity licensed by the department relating to the application of
256 state gaming laws with respect to whether a particular act or
257 device constitutes legal or illegal gambling under state laws
258 and administrative rules adopted thereunder. A written record
259 shall be retained of all such opinions issued by the department,
260 which shall be sequentially numbered, dated, and indexed by
261 subject matter. Any person or entity acting in good faith upon
262 an advisory opinion that such person or entity requested and
263 received is not subject to any criminal penalty provided for
264 under state law for illegal gambling. The opinion, until amended
265 or revoked, is binding on any person or entity who sought the
266 opinion, or with reference to whom the opinion was sought,
267 unless material facts were omitted or misstated in the request
268 for the advisory opinion. The department may adopt rules
269 regarding the process for securing an advisory opinion and may
270 require in those rules the submission of any potential gaming
271 apparatus for testing by a licensed testing laboratory to prove
272 or disprove its compliance with state law before the issuance of
273 an opinion by the department.
274 (m) The department may employ sworn law enforcement
275 officers as defined in s. 943.10 to enforce the provisions of
276 any statute or any other laws of this state related to gambling
277 within the Division of Law Enforcement and to enforce any other
278 criminal law or to conduct any criminal investigation.
279 1. Each law enforcement officer shall meet the
280 qualifications for law enforcement officers under s. 943.13 and
281 shall be certified as a law enforcement officer by the
282 Department of Law Enforcement under chapter 943. Upon
283 certification, each law enforcement officer is subject to and
284 shall have authority provided for law enforcement officers
285 generally in chapter 901 and shall have statewide jurisdiction.
286 Each officer shall also have full law enforcement powers.
287 2. The department may also appoint part-time, reserve, or
288 auxiliary law enforcement officers under chapter 943.
289 3. Each law enforcement officer of the department, upon
290 certification pursuant to s. 943.1395, has the same right and
291 authority to carry arms as do the sheriffs of this state.
292 4. Each law enforcement officer in the state who is
293 certified pursuant to chapter 943 has the same authority as law
294 enforcement officers designated in this section to enforce the
295 laws of this state as described in this paragraph.
296 (5) FINANCIALLY DEPENDENT CHILDREN; SUPPORT.—The department
297 shall work cooperatively with the Department of Revenue to
298 implement an automated method for periodically disclosing
299 information relating to current licensees to the Department of
300 Revenue. The purpose of this subsection is to promote the public
301 policy of this state as established in s. 409.2551. The
302 department shall, when directed by the court or the Department
303 of Revenue pursuant to s. 409.2598, suspend or deny the license
304 of any licensee found not to be in compliance with a support
305 order, subpoena, order to show cause, or written agreement
306 entered into by the licensee with the Department of Revenue. The
307 department shall issue or reinstate the license without
308 additional charge to the licensee when notified by the court or
309 the Department of Revenue that the licensee has complied with
310 the terms of the support order. The department is not liable for
311 any license denial or suspension resulting from the discharge of
312 its duties under this subsection.
313 (6) LICENSING.—The department may:
314 (a) Close and terminate deficient license application files
315 2 years after the department notifies the applicant of the
316 deficiency; and
317 (b) Approve gaming-related licenses that meet all statutory
318 and rule requirements for licensure.
319 Section 5. Subsection (4) of section 120.80, Florida
320 Statutes, is amended, and subsection (18) is added to that
321 section, to read:
322 120.80 Exceptions and special requirements; agencies.—
323 (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
324 (a) Business regulation.—The Division of Pari-mutuel
325 Wagering is exempt from the hearing and notice requirements of
326 ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
327 boards of judges when the hearing is to be held for the purpose
328 of the imposition of fines or suspensions as provided by rules
329 of the Division of Pari-mutuel Wagering, but not for
330 revocations, and only upon violations of subparagraphs 1.-6. The
331 Division of Pari-mutuel Wagering shall adopt rules establishing
332 alternative procedures, including a hearing upon reasonable
333 notice, for the following violations:
334 1. Horse riding, harness riding, greyhound interference,
335 and jai alai game actions in violation of chapter 550.
336 2. Application and usage of drugs and medication to horses,
337 greyhounds, and jai alai players in violation of chapter 550.
338 3. Maintaining or possessing any device which could be used
339 for the injection or other infusion of a prohibited drug to
340 horses, greyhounds, and jai alai players in violation of chapter
341 550.
342 4. Suspensions under reciprocity agreements between the
343 Division of Pari-mutuel Wagering and regulatory agencies of
344 other states.
345 5. Assault or other crimes of violence on premises licensed
346 for pari-mutuel wagering.
347 6. Prearranging the outcome of any race or game.
348 (b) Professional regulation.—Notwithstanding s.
349 120.57(1)(a), formal hearings may not be conducted by the
350 Secretary of Business and Professional Regulation or a board or
351 member of a board within the Department of Business and
352 Professional Regulation for matters relating to the regulation
353 of professions, as defined by chapter 455.
354 (18) DEPARTMENT OF GAMING CONTROL.—The department is exempt
355 from the hearing and notice requirements of ss. 120.569 and
356 120.57(1)(a) as it applies to stewards, judges, and boards of
357 judges if the hearing is to be held for the purpose of the
358 imposition of fines or suspension as provided by rules of the
359 department, but not for revocations, and only to consider
360 violations of paragraphs (a)-(f). The department shall adopt
361 rules establishing alternative procedures, including a hearing
362 upon reasonable notice, for the following violations:
363 (a) Horse riding, harness riding, greyhound interference,
364 and jai alai game actions in violation of chapter 550.
365 (b) Application and administration of drugs and medication
366 to horses, greyhounds, and jai alai players in violation of
367 chapter 550.
368 (c) Maintaining or possessing any device that could be used
369 for the injection or other infusion of a prohibited drug into
370 horses, greyhounds, and jai alai players in violation of chapter
371 550.
372 (d) Suspensions under reciprocity agreements between the
373 department and regulatory agencies of other states.
374 (e) Assault or other crimes of violence on premises
375 licensed for pari-mutuel wagering.
376 (f) Prearranging the outcome of any race or game.
377 Section 6. Paragraph (f) of subsection (1) and subsection
378 (7) of section 285.710, Florida Statutes, are amended to read:
379 285.710 Compact authorization.—
380 (1) As used in this section, the term:
381 (f) “State compliance agency” means the Division of Pari
382 mutuel Wagering of the Department of Gaming Control, Business
383 and Professional Regulation which is designated as the state
384 agency having the authority to carry out the state’s oversight
385 responsibilities under the compact.
386 (7) The Division of Pari-mutuel Wagering of the Department
387 of Gaming Control Business and Professional Regulation is
388 designated as the state compliance agency having the authority
389 to carry out the state’s oversight responsibilities under the
390 compact authorized by this section.
391 Section 7. Section 455.116, Florida Statutes, is amended to
392 read:
393 455.116 Regulation trust funds.—The following trust funds
394 shall be placed in the department:
395 (1) Administrative Trust Fund.
396 (2) Alcoholic Beverage and Tobacco Trust Fund.
397 (3) Cigarette Tax Collection Trust Fund.
398 (4) Hotel and Restaurant Trust Fund.
399 (5) Division of Florida Condominiums, Timeshares, and
400 Mobile Homes Trust Fund.
401 (6) Pari-mutuel Wagering Trust Fund.
402 (6)(7) Professional Regulation Trust Fund.
403 Section 8. Subsections (6), (7), and (11) of section
404 550.002, Florida Statutes, are amended, and present subsections
405 (8) through (39) of that section are renumbered as subsections
406 (7) through (38), respectively, to read:
407 550.002 Definitions.—As used in this chapter, the term:
408 (6) “Department” means the Department of Gaming Control
409 Business and Professional Regulation.
410 (7) “Division” means the Division of Pari-mutuel Wagering
411 within the Department of Business and Professional Regulation.
412 (10)(11) “Full schedule of live racing or games” means, for
413 a greyhound or jai alai permitholder, the conduct of a
414 combination of at least 100 live evening or matinee performances
415 during the preceding year; for a permitholder who has a
416 converted permit or filed an application on or before June 1,
417 1990, for a converted permit, the conduct of a combination of at
418 least 100 live evening and matinee wagering performances during
419 either of the 2 preceding years; for a jai alai permitholder who
420 does not operate slot machines in its pari-mutuel facility, who
421 has conducted at least 100 live performances per year for at
422 least 10 years after December 31, 1992, and whose handle on live
423 jai alai games conducted at its pari-mutuel facility has been
424 less than $4 million per state fiscal year for at least 2
425 consecutive years after June 30, 1992, the conduct of a
426 combination of at least 40 live evening or matinee performances
427 during the preceding year; for a jai alai permitholder who
428 operates slot machines in its pari-mutuel facility, the conduct
429 of a combination of at least 150 performances during the
430 preceding year; for a harness permitholder, the conduct of at
431 least 100 live regular wagering performances during the
432 preceding year; for a quarter horse permitholder at its facility
433 unless an alternative schedule of at least 20 live regular
434 wagering performances is agreed upon by the permitholder and
435 either the Florida Quarter Horse Racing Association or the
436 horsemen’s association representing the majority of the quarter
437 horse owners and trainers at the facility and filed with the
438 department division along with its annual date application, in
439 the 2010-2011 fiscal year, the conduct of at least 20 regular
440 wagering performances, in the 2011-2012 and 2012-2013 fiscal
441 years, the conduct of at least 30 live regular wagering
442 performances, and for every fiscal year after the 2012-2013
443 fiscal year, the conduct of at least 40 live regular wagering
444 performances; for a quarter horse permitholder leasing another
445 licensed racetrack, the conduct of 160 events at the leased
446 facility; and for a thoroughbred permitholder, the conduct of at
447 least 40 live regular wagering performances during the preceding
448 year. For a permitholder that which is restricted by statute to
449 certain operating periods within the year when other members of
450 its same class of permit are authorized to operate throughout
451 the year, the specified number of live performances that which
452 constitute a full schedule of live racing or games shall be
453 adjusted pro rata in accordance with the relationship between
454 its authorized operating period and the full calendar year and
455 the resulting specified number of live performances shall
456 constitute the full schedule of live games for such permitholder
457 and all other permitholders of the same class within 100 air
458 miles of such permitholder. A live performance must consist of
459 no fewer than eight races or games conducted live for each of a
460 minimum of three performances each week at the permitholder’s
461 licensed facility under a single admission charge.
462 Section 9. Section 550.0115, Florida Statutes, is amended
463 to read:
464 550.0115 Permitholder license.—After a permit has been
465 issued by the department division, and after the permit has been
466 approved by election, the department division shall issue to the
467 permitholder an annual license to conduct pari-mutuel operations
468 at the location specified in the permit pursuant to the
469 provisions of this chapter.
470 Section 10. Section 550.01215, Florida Statutes, is amended
471 to read:
472 550.01215 License application; periods of operation; bond,
473 conversion of permit.—
474 (1) Each permitholder shall annually, during the period
475 between December 15 and January 4, file in writing with the
476 department division its application for a license to conduct
477 performances during the next state fiscal year. Each application
478 shall specify the number, dates, and starting times of all
479 performances that which the permitholder intends to conduct. It
480 shall also specify which performances will be conducted as
481 charity or scholarship performances. In addition, each
482 application for a license shall include, for each permitholder
483 that which elects to operate a cardroom, the dates and periods
484 of operation the permitholder intends to operate the cardroom
485 or, for each thoroughbred permitholder that which elects to
486 receive or rebroadcast out-of-state races after 7 p.m., the
487 dates for all performances that which the permitholder intends
488 to conduct. Permitholders shall be entitled to amend their
489 applications through February 28.
490 (2) After the first license has been issued to a
491 permitholder, all subsequent annual applications for a license
492 shall be accompanied by proof, in such form as the department
493 division may by rule require, that the permitholder continues to
494 possess the qualifications prescribed by this chapter, and that
495 the permit has not been disapproved at a later election.
496 (3) The department division shall issue each license no
497 later than March 15. Each permitholder shall operate all
498 performances at the date and time specified on its license. The
499 department may division shall have the authority to approve
500 minor changes in racing dates after a license has been issued.
501 The department division may approve changes in racing dates
502 after a license has been issued when there is no objection from
503 any operating permitholder located within 50 miles of the
504 permitholder requesting the changes in operating dates. In the
505 event of an objection, the department division shall approve or
506 disapprove the change in operating dates based upon the impact
507 on operating permitholders located within 50 miles of the
508 permitholder requesting the change in operating dates. In making
509 the determination to change racing dates, the department
510 division shall consider take into consideration the impact of
511 such changes on state revenues.
512 (4) If In the event that a permitholder fails to operate
513 all performances specified on its license at the date and time
514 specified, the department division shall hold a hearing to
515 determine whether to fine or suspend the permitholder’s license,
516 unless such failure was the direct result of fire, strike, war,
517 or other disaster or event beyond the ability of the
518 permitholder to control. Financial hardship to the permitholder
519 does shall not, in and of itself, constitute just cause for
520 failure to operate all performances on the dates and at the
521 times specified.
522 (5) If In the event that performances licensed to be
523 operated by a permitholder are vacated, abandoned, or will not
524 be used for any reason, any permitholder shall be entitled,
525 pursuant to rules adopted by the department division, to apply
526 to conduct performances on the dates for which the performances
527 have been abandoned. The department division shall issue an
528 amended license for all such replacement performances that which
529 have been requested in compliance with the provisions of this
530 chapter and department division rules.
531 (6) Any permit that which was converted from a jai alai
532 permit to a greyhound permit may be converted to a jai alai
533 permit at any time if the permitholder never conducted greyhound
534 racing or if the permitholder has not conducted greyhound racing
535 for a period of 12 consecutive months.
536 Section 11. Section 550.0235, Florida Statutes, is amended
537 to read:
538 550.0235 Limitation of civil liability.—A No permittee
539 conducting a racing meet pursuant to the provisions of this
540 chapter; the executive director, no division director, bureau
541 chief, or an employee of the department division; or a and no
542 steward, judge, or other person appointed to act pursuant to
543 this chapter is not shall be held liable to any person,
544 partnership, association, corporation, or other business entity
545 for any cause whatsoever arising out of, or from, the
546 performance by such permittee, director, employee, steward,
547 judge, or other person of her or his duties and the exercise of
548 her or his discretion with respect to the implementation and
549 enforcement of the statutes and rules governing the conduct of
550 pari-mutuel wagering, so long as she or he acted in good faith.
551 This section does shall not limit liability in any situation in
552 which the negligent maintenance of the premises or the negligent
553 conduct of a race contributed to an accident and does not; nor
554 shall it limit any contractual liability.
555 Section 12. Section 550.0251, Florida Statutes, is amended
556 to read:
557 550.0251 The powers and duties of the Department of Gaming
558 Control Division of Pari-mutuel Wagering of the Department of
559 Business and Professional Regulation.—The department division
560 shall administer this chapter and regulate the pari-mutuel
561 industry under this chapter and the rules adopted pursuant
562 thereto, and:
563 (1) The department division shall make an annual report to
564 the President of the Senate and the Speaker of the House of
565 Representatives Governor showing its own actions, receipts
566 derived under the provisions of this chapter, the practical
567 effects of the application of this chapter, and any suggestions
568 it may approve for the more effectual accomplishments of the
569 purposes of this chapter.
570 (2) The department division shall require an oath on
571 application documents as required by rule, which oath must state
572 that the information contained in the document is true and
573 complete.
574 (3) The department division shall adopt reasonable rules
575 for the control, supervision, and direction of all applicants,
576 permittees, and licensees and for the holding, conducting, and
577 operating of all racetracks, race meets, and races held in this
578 state. Such rules must be uniform in their application and
579 effect, and the duty of exercising this control and power is
580 made mandatory upon the department division.
581 (4) The department division may take testimony concerning
582 any matter within its jurisdiction and issue summons and
583 subpoenas for any witness and subpoenas duces tecum in
584 connection with any matter within the jurisdiction of the
585 department division under its seal and signed by the director.
586 (5) The department division may adopt rules establishing
587 procedures for testing occupational licenseholders officiating
588 at or participating in any race or game at any pari-mutuel
589 facility under the jurisdiction of the department division for a
590 controlled substance or alcohol and may prescribe procedural
591 matters not in conflict with s. 120.80(18) s. 120.80(4)(a).
592 (6) In addition to the power to exclude certain persons
593 from any pari-mutuel facility in this state, the department
594 division may exclude any person from any and all pari-mutuel
595 facilities in this state for conduct that would constitute, if
596 the person were a licensee, a violation of this chapter or the
597 rules of the department division. The department division may
598 exclude from any pari-mutuel facility within this state any
599 person who has been ejected from a pari-mutuel facility in this
600 state or who has been excluded from any pari-mutuel facility in
601 another state by the governmental department, agency,
602 commission, or authority exercising regulatory jurisdiction over
603 pari-mutuel facilities in such other state. The department
604 division may authorize any person who has been ejected or
605 excluded from pari-mutuel facilities in this state or another
606 state to attend the pari-mutuel facilities in this state upon a
607 finding that the attendance of such person at pari-mutuel
608 facilities would not be adverse to the public interest or to the
609 integrity of the sport or industry; however, this subsection
610 does shall not be construed to abrogate the common-law right of
611 a pari-mutuel permitholder to exclude absolutely a patron in
612 this state.
613 (7) The department division may oversee the making of, and
614 distribution from, all pari-mutuel pools.
615 (8) The department department may collect taxes and require
616 compliance with reporting requirements for financial information
617 as authorized by this chapter. In addition, the secretary of the
618 department may require permitholders conducting pari-mutuel
619 operations within the state to remit taxes, including fees, by
620 electronic funds transfer if the taxes and fees amounted to
621 $50,000 or more in the prior reporting year.
622 (9) The department division may conduct investigations in
623 enforcing this chapter, except that all information obtained
624 pursuant to an investigation by the department division for an
625 alleged violation of this chapter or rules of the department
626 division is exempt from s. 119.07(1) and from s. 24(a), Art. I
627 of the State Constitution until an administrative complaint is
628 issued or the investigation is closed or ceases to be active.
629 This subsection does not prohibit the department division from
630 providing such information to any law enforcement agency or to
631 any other regulatory agency. For the purposes of this
632 subsection, an investigation is considered to be active while it
633 is being conducted with reasonable dispatch and with a
634 reasonable, good faith belief that it could lead to an
635 administrative, civil, or criminal action by the department
636 division or another administrative or law enforcement agency.
637 Except for active criminal intelligence or criminal
638 investigative information, as defined in s. 119.011, and any
639 other information that, if disclosed, would jeopardize the
640 safety of an individual, all information, records, and
641 transcriptions become public when the investigation is closed or
642 ceases to be active.
643 (10) The department division may impose an administrative
644 fine for a violation under this chapter of not more than $1,000
645 for each count or separate offense, except as otherwise provided
646 in this chapter, and may suspend or revoke a permit, a pari
647 mutuel license, or an occupational license for a violation under
648 this chapter. All fines imposed and collected under this
649 subsection must be deposited with the Chief Financial Officer to
650 the credit of the General Revenue Fund.
651 (11) The department division shall supervise and regulate
652 the welfare of racing animals at pari-mutuel facilities.
653 (12) The department may division shall have full authority
654 and power to make, adopt, amend, or repeal rules relating to
655 cardroom operations, to enforce and to carry out the provisions
656 of s. 849.086, and to regulate the authorized cardroom
657 activities in the state.
658 (13) The department may division shall have the authority
659 to suspend a permitholder’s permit or license, if such
660 permitholder is operating a cardroom facility and such
661 permitholder’s cardroom license has been suspended or revoked
662 pursuant to s. 849.086.
663 Section 13. Section 550.0351, Florida Statutes, is amended
664 to read:
665 550.0351 Charity racing days.—
666 (1) The department division shall, upon the request of a
667 permitholder, authorize each horseracing permitholder, dogracing
668 permitholder, and jai alai permitholder up to five charity or
669 scholarship days in addition to the regular racing days
670 authorized by law.
671 (2) The proceeds of charity performances shall be paid to
672 qualified beneficiaries selected by the permitholders from an
673 authorized list of charities on file with the department
674 division. Eligible charities include any charity that provides
675 evidence of compliance with the provisions of chapter 496 and
676 evidence of possession of a valid exemption from federal
677 taxation issued by the Internal Revenue Service. In addition,
678 the authorized list must include the Racing Scholarship Trust
679 Fund, the Historical Resources Operating Trust Fund, major state
680 and private institutions of higher learning, and Florida
681 community colleges.
682 (3) The permitholder shall, within 120 days after the
683 conclusion of its fiscal year, pay to the authorized charities
684 the total of all profits derived from the operation of the
685 charity day performances conducted. If charity days are operated
686 on behalf of another permitholder pursuant to law, the
687 permitholder entitled to distribute the proceeds shall
688 distribute the proceeds to charity within 30 days after the
689 actual receipt of the proceeds.
690 (4) The total of all profits derived from the conduct of a
691 charity day performance must include all revenues derived from
692 the conduct of that racing performance, including all state
693 taxes that would otherwise be due to the state, except that the
694 daily license fee as provided in s. 550.0951(1) and the breaks
695 for the promotional trust funds as provided in s. 550.2625(3),
696 (4), (5), (7), and (8) shall be paid to the department division.
697 All other revenues from the charity racing performance,
698 including the commissions, breaks, and admissions and the
699 revenues from parking, programs, and concessions, shall be
700 included in the total of all profits.
701 (5) In determining profit, the permitholder may elect to
702 distribute as proceeds only the amount equal to the state tax
703 that would otherwise be paid to the state if the charity day
704 were conducted as a regular or matinee performance.
705 (6)(a) The department division shall authorize one
706 additional scholarship day for horseracing in addition to the
707 regular racing days authorized by law and any additional days
708 authorized by this section, to be conducted at all horse
709 racetracks located in Hillsborough County. The permitholder
710 shall conduct a full schedule of racing on the scholarship day.
711 (b) The funds derived from the operation of the additional
712 scholarship day shall be allocated as provided in this section
713 and paid to Pasco-Hernando Community College.
714 (c) When a charity or scholarship performance is conducted
715 as a matinee performance, the department division may authorize
716 the permitholder to conduct the evening performances of that
717 operation day as a regular performance in addition to the
718 regular operating days authorized by law.
719 (7) In addition to the charity days authorized by this
720 section, any dogracing permitholder may allow its facility to be
721 used for conducting “hound dog derbies” or “mutt derbies” on any
722 day during each racing season by any charitable, civic, or
723 nonprofit organization for the purpose of conducting “hound dog
724 derbies” or “mutt derbies” if only dogs other than those usually
725 used in dogracing (greyhounds) are permitted to race and if
726 adults and minors are allowed to participate as dog owners or
727 spectators. During these racing events, betting, gambling, and
728 the sale or use of alcoholic beverages is prohibited.
729 (8) In addition to the eligible charities that meet the
730 criteria set forth in this section, a jai alai permitholder is
731 authorized to conduct two additional charity performances each
732 fiscal year for a fund to benefit retired jai alai players. This
733 performance shall be known as the “Retired Jai Alai Players
734 Charity Day.” The administration of this fund shall be
735 determined by rule by the department division.
736 Section 14. Section 550.054, Florida Statutes, is amended
737 to read:
738 550.054 Application for permit to conduct pari-mutuel
739 wagering.—
740 (1) Any person who possesses the qualifications prescribed
741 in this chapter may apply to the department division for a
742 permit to conduct pari-mutuel operations under this chapter.
743 Applications for a pari-mutuel permit are exempt from the 90-day
744 licensing requirement of s. 120.60. Within 120 days after
745 receipt of a complete application, the department division shall
746 grant or deny the permit. A completed application that is not
747 acted upon within 120 days after receipt is deemed approved, and
748 the department division shall grant the permit.
749 (2) Upon each application filed and approved, a permit
750 shall be issued to the applicant setting forth the name of the
751 permitholder, the location of the pari-mutuel facility, the type
752 of pari-mutuel activity desired to be conducted, and a statement
753 showing qualifications of the applicant to conduct pari-mutuel
754 performances under this chapter; however, a permit is
755 ineffectual to authorize any pari-mutuel performances until
756 approved by a majority of the electors participating in a
757 ratification election in the county in which the applicant
758 proposes to conduct pari-mutuel wagering activities. In
759 addition, an application may not be considered, nor may a permit
760 be issued by the department division or be voted upon in any
761 county, to conduct horseraces, harness horse races, or dograces
762 at a location within 100 miles of an existing pari-mutuel
763 facility, or for jai alai within 50 miles of an existing pari
764 mutuel facility; this distance shall be measured on a straight
765 line from the nearest property line of one pari-mutuel facility
766 to the nearest property line of the other facility.
767 (3) The department division shall require that each
768 applicant submit an application setting forth:
769 (a) The full name of the applicant.
770 (b) If a corporation, the name of the state in which
771 incorporated and the names and addresses of the officers,
772 directors, and shareholders holding 5 percent or more equity or,
773 if a business entity other than a corporation, the names and
774 addresses of the principals, partners, or shareholders holding 5
775 percent or more equity.
776 (c) The names and addresses of the ultimate equitable
777 owners for a corporation or other business entity, if different
778 from those provided under paragraph (b), unless the securities
779 of the corporation or entity are registered pursuant to s. 12 of
780 the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and
781 if such corporation or entity files with the United States
782 Securities and Exchange Commission the reports required by s. 13
783 of that act or if the securities of the corporation or entity
784 are regularly traded on an established securities market in the
785 United States.
786 (d) The exact location where the applicant will conduct
787 pari-mutuel performances.
788 (e) Whether the pari-mutuel facility is owned or leased
789 and, if leased, the name and residence of the fee owner or, if a
790 corporation, the names and addresses of the directors and
791 stockholders thereof. However, this chapter does not prevent a
792 person from applying to the department division for a permit to
793 conduct pari-mutuel operations, regardless of whether the pari
794 mutuel facility has been constructed or not, and having an
795 election held in any county at the same time that elections are
796 held for the ratification of any permit in that county.
797 (f) A statement of the assets and liabilities of the
798 applicant.
799 (g) The names and addresses of any mortgagee of any pari
800 mutuel facility and any financial agreement between the parties.
801 The department division may require the names and addresses of
802 the officers and directors of the mortgagee, and of those
803 stockholders who hold more than 10 percent of the stock of the
804 mortgagee.
805 (h) A business plan for the first year of operation.
806 (i) For each individual listed in the application as an
807 owner, partner, officer, or director, a complete set of
808 fingerprints that has been taken by an authorized law
809 enforcement officer. These sets of fingerprints must be
810 submitted to the Federal Bureau of Investigation for processing.
811 Applicants who are foreign nationals shall submit such documents
812 as necessary to allow the department division to conduct
813 criminal history records checks in the applicant’s home country.
814 The applicant must pay the cost of processing. The department
815 division may charge a $2 handling fee for each set of
816 fingerprint records.
817 (j) The type of pari-mutuel activity to be conducted and
818 the desired period of operation.
819 (k) Other information the department division requires.
820 (4) The department division shall require each applicant to
821 deposit with the board of county commissioners of the county in
822 which the election is to be held, a sufficient sum, in currency
823 or by check certified by a bank licensed to do business in the
824 state to pay the expenses of holding the election provided in s.
825 550.0651.
826 (5) Upon receiving an application and any amendments
827 properly made thereto, the department division shall further
828 investigate the matters contained in the application. If the
829 applicant meets all requirements, conditions, and qualifications
830 set forth in this chapter and the rules of the department
831 division, the department division shall grant the permit.
832 (6) After initial approval of the permit and the source of
833 financing, the terms and parties of any subsequent refinancing
834 must be disclosed by the applicant or the permitholder to the
835 department division.
836 (7) If the department division refuses to grant the permit,
837 the money deposited with the board of county commissioners for
838 holding the election must be refunded to the applicant. If the
839 department division grants the permit applied for, the board of
840 county commissioners shall order an election in the county to
841 decide whether the permit will be approved, as provided in s.
842 550.0651.
843 (8)(a) The department division may charge the applicant for
844 reasonable, anticipated costs incurred by the department
845 division in determining the eligibility of any person or entity
846 specified in s. 550.1815(1)(a) to hold any pari-mutuel permit,
847 against such person or entity.
848 (b) The department division may, by rule, determine the
849 manner of paying its anticipated costs associated with
850 determination of eligibility and the procedure for filing
851 applications for determination of eligibility.
852 (c) The department division shall furnish to the applicant
853 an itemized statement of actual costs incurred during the
854 investigation to determine eligibility.
855 (d) If unused funds remain at the conclusion of such
856 investigation, they must be returned to the applicant within 60
857 days after the determination of eligibility has been made.
858 (e) If the actual costs of investigation exceed anticipated
859 costs, the department division shall assess the applicant the
860 amount necessary to recover all actual costs.
861 (9)(a) After a permit has been granted by the department
862 division and has been ratified and approved by the majority of
863 the electors participating in the election in the county
864 designated in the permit, the department division shall grant to
865 the lawful permitholder, subject to the conditions of this
866 chapter, a license to conduct pari-mutuel operations under this
867 chapter, and, except as provided in s. 550.5251, the department
868 division shall fix annually the time, place, and number of days
869 during which pari-mutuel operations may be conducted by the
870 permitholder at the location fixed in the permit and ratified in
871 the election. After the first license has been issued to the
872 holder of a ratified permit for racing in any county, all
873 subsequent annual applications for a license by that
874 permitholder must be accompanied by proof, in such form as the
875 department division requires, that the ratified permitholder
876 still possesses all the qualifications prescribed by this
877 chapter and that the permit has not been recalled at a later
878 election held in the county.
879 (b) The department division may revoke or suspend any
880 permit or license issued under this chapter upon the willful
881 violation by the permitholder or licensee of any provision of
882 this chapter or of any rule adopted under this chapter. In lieu
883 of suspending or revoking a permit or license, the department
884 division may impose a civil penalty against the permitholder or
885 licensee for a violation of this chapter or any rule adopted by
886 the department division. The penalty so imposed may not exceed
887 $1,000 for each count or separate offense. All penalties imposed
888 and collected must be deposited with the Chief Financial Officer
889 to the credit of the General Revenue Fund.
890 (10) If a permitholder has failed to complete construction
891 of at least 50 percent of the facilities necessary to conduct
892 pari-mutuel operations within 12 months after approval by the
893 voters of the permit, the department division shall revoke the
894 permit upon adequate notice to the permitholder. However, the
895 department division, upon good cause shown by the permitholder,
896 may grant one extension of up to 12 months.
897 (11)(a) A permit granted under this chapter may not be
898 transferred or assigned except upon written approval by the
899 department division pursuant to s. 550.1815, except that the
900 holder of any permit that has been converted to a jai alai
901 permit may lease or build anywhere within the county in which
902 its permit is located.
903 (b) If a permit to conduct pari-mutuel wagering is held by
904 a corporation or business entity other than an individual, the
905 transfer of 10 percent or more of the stock or other evidence of
906 ownership or equity in the permitholder may not be made without
907 the prior approval of the transferee by the department division
908 pursuant to s. 550.1815.
909 (12) Changes in ownership or interest of a pari-mutuel
910 permit of 5 percent or more of the stock or other evidence of
911 ownership or equity in the permitholder must shall be approved
912 by the department before division prior to such change, unless
913 the owner is an existing owner of that permit who was previously
914 approved by the department division. Changes in ownership or
915 interest of a pari-mutuel permit of less than 5 percent must
916 shall be reported to the department division within 20 days of
917 the change. The department division may then conduct an
918 investigation to ensure that the permit is properly updated to
919 show the change in ownership or interest.
920 (13)(a) Notwithstanding any provisions of this chapter, a
921 no thoroughbred horse racing permit or license issued under this
922 chapter may not shall be transferred, or reissued if when such
923 reissuance is in the nature of a transfer so as to permit or
924 authorize a licensee to change the location of a thoroughbred
925 horse racetrack except upon proof in such form as the department
926 division may prescribe that a referendum election has been held:
927 1. If the proposed new location is within the same county
928 as the already licensed location, in the county where the
929 licensee desires to conduct the race meeting and that a majority
930 of the electors voting on that question in such election voted
931 in favor of the transfer of such license.
932 2. If the proposed new location is not within the same
933 county as the already licensed location, in the county where the
934 licensee desires to conduct the race meeting and in the county
935 where the licensee is already licensed to conduct the race
936 meeting and that a majority of the electors voting on that
937 question in each such election voted in favor of the transfer of
938 such license.
939 (b) Each referendum held under the provisions of this
940 subsection shall be held in accordance with the electoral
941 procedures for ratification of permits, as provided in s.
942 550.0651. The expense of each such referendum shall be borne by
943 the licensee requesting the transfer.
944 (14)(a) Any holder of a permit to conduct jai alai may
945 apply to the department division to convert such permit to a
946 permit to conduct greyhound racing in lieu of jai alai if:
947 1. Such permit is located in a county in which the
948 department division has issued only two pari-mutuel permits
949 pursuant to this section;
950 2. Such permit was not previously converted from any other
951 class of permit; and
952 3. The holder of the permit has not conducted jai alai
953 games during a period of 10 years immediately preceding his or
954 her application for conversion under this subsection.
955 (b) The department division, upon application from the
956 holder of a jai alai permit meeting all conditions of this
957 section, shall convert the permit and shall issue to the
958 permitholder a permit to conduct greyhound racing. A
959 permitholder of a permit converted under this section shall be
960 required to apply for and conduct a full schedule of live racing
961 each fiscal year to be eligible for any tax credit provided by
962 this chapter. The holder of a permit converted pursuant to this
963 subsection or any holder of a permit to conduct greyhound racing
964 located in a county in which it is the only permit issued
965 pursuant to this section who operates at a leased facility
966 pursuant to s. 550.475 may move the location for which the
967 permit has been issued to another location within a 30-mile
968 radius of the location fixed in the permit issued in that
969 county, provided the move does not cross the county boundary and
970 such location is approved under the zoning regulations of the
971 county or municipality in which the permit is located, and upon
972 such relocation may use the permit for the conduct of pari
973 mutuel wagering and the operation of a cardroom. The provisions
974 of s. 550.6305(9)(d) and (f) shall apply to any permit converted
975 under this subsection and shall continue to apply to any permit
976 that which was previously included under and subject to such
977 provisions before a conversion pursuant to this section
978 occurred.
979 Section 15. Subsection (2) of section 550.0555, Florida
980 Statutes, is amended to read:
981 550.0555 Greyhound dogracing permits; relocation within a
982 county; conditions.—
983 (2) Any holder of a valid outstanding permit for greyhound
984 dogracing in a county in which there is only one dogracing
985 permit issued, as well as any holder of a valid outstanding
986 permit for jai alai in a county where only one jai alai permit
987 is issued, is authorized, without the necessity of an additional
988 county referendum required under s. 550.0651, to move the
989 location for which the permit has been issued to another
990 location within a 30-mile radius of the location fixed in the
991 permit issued in that county, if provided the move does not
992 cross the county boundary, that such relocation is approved
993 under the zoning regulations of the county or municipality in
994 which the permit is to be located as a planned development use,
995 consistent with the comprehensive plan, and that such move is
996 approved by the department after it is determined at a
997 proceeding pursuant to chapter 120 in the county affected that
998 the move is necessary to ensure the revenue-producing capability
999 of the permittee without deteriorating the revenue-producing
1000 capability of any other pari-mutuel permittee within 50 miles;
1001 the distance shall be measured on a straight line from the
1002 nearest property line of one racing plant or jai alai fronton to
1003 the nearest property line of the other.
1004 Section 16. Section 550.0651, Florida Statutes, is amended
1005 to read:
1006 550.0651 Elections for ratification of permits.—
1007 (1) The holder of any permit may have submitted to the
1008 electors of the county designated therein the question whether
1009 or not such permit will be ratified or rejected. Such questions
1010 shall be submitted to the electors for approval or rejection at
1011 a special election to be called for that purpose only. The board
1012 of county commissioners of the county designated, upon the
1013 presentation to such board at a regular or special meeting of a
1014 written application, accompanied by a certified copy of the
1015 permit granted by the department division, and asking for an
1016 election in the county in which the application was made, shall
1017 order a special election in the county for the particular
1018 purpose of deciding whether such permit shall be approved and
1019 license issued and race meetings permitted in such county by
1020 such permittee and shall cause the clerk of such board to give
1021 notice of the special election by publishing the same once each
1022 week for 2 consecutive weeks in one or more newspapers of
1023 general circulation in the county. Each permit covering each
1024 track must be voted upon separately and in separate elections,
1025 and an election may not be called more often than once every 2
1026 years for the ratification of any permit covering the same
1027 track.
1028 (2) All elections ordered under this chapter must be held
1029 within 90 days and not less than 21 days after the time of
1030 presenting such application to the board of county
1031 commissioners, and the inspectors of election shall be appointed
1032 and qualified as in cases of general elections, and they shall
1033 count the votes cast and make due returns of same to the board
1034 of county commissioners without delay. The board of county
1035 commissioners shall canvass the returns, declare the results,
1036 and cause the same to be recorded as provided in the general law
1037 concerning elections so far as applicable.
1038 (3) When a permit has been granted by the department
1039 division and no application to the board of county commissioners
1040 has been made by the permittee within 6 months after the
1041 granting of the permit, the permit becomes void. The department
1042 division shall cancel the permit without notice to the
1043 permitholder, and the board of county commissioners holding the
1044 deposit for the election shall refund the deposit to the
1045 permitholder upon being notified by the department division that
1046 the permit has become void and has been canceled.
1047 (4) All electors duly registered and qualified to vote at
1048 the last preceding general election held in such county are
1049 qualified electors for such election, and in addition thereto
1050 the registration books for such county shall be opened on the
1051 10th day (if the 10th day is a Sunday or a holiday, then on the
1052 next day not a Sunday or holiday) after such election is ordered
1053 and called and must remain open for a period of 10 days for
1054 additional registrations of persons qualified for registration
1055 but not already registered. Electors for such special election
1056 have the same qualifications for and prerequisites to voting in
1057 elections as under the general election laws.
1058 (5) If at any such special election the majority of the
1059 electors voting on the question of ratification or rejection of
1060 any permit vote against such ratification, such permit is void.
1061 If a majority of the electors voting on the question of
1062 ratification or rejection of any permit vote for such
1063 ratification, such permit becomes effectual and the holder
1064 thereof may conduct racing upon complying with the other
1065 provisions of this chapter. The board of county commissioners
1066 shall immediately certify the results of the election to the
1067 department division.
1068 Section 17. Subsections (1) and (4) of section 550.0745,
1069 Florida Statutes, are amended to read:
1070 550.0745 Conversion of pari-mutuel permit to summer jai
1071 alai permit.—
1072 (1) The owner or operator of a pari-mutuel permit who is
1073 authorized by the department division to conduct pari-mutuel
1074 pools on exhibition sports in any county having five or more
1075 such pari-mutuel permits and whose mutuel play from the
1076 operation of such pari-mutuel pools for the 2 consecutive years
1077 next prior to filing an application under this section has had
1078 the smallest play or total pool within the county may apply to
1079 the department division to convert its permit to a permit to
1080 conduct a summer jai alai fronton in such county during the
1081 summer season commencing on May 1 and ending on November 30 of
1082 each year on such dates as may be selected by such permittee for
1083 the same number of days and performances as are allowed and
1084 granted to winter jai alai frontons within such county. If a
1085 permittee who is eligible under this section to convert a permit
1086 declines to convert, a new permit is hereby made available in
1087 that permittee’s county to conduct summer jai alai games as
1088 provided by this section, notwithstanding mileage and permit
1089 ratification requirements. If a permittee converts a quarter
1090 horse permit pursuant to this section, nothing in this section
1091 prohibits the permittee from obtaining another quarter horse
1092 permit. Such permittee shall pay the same taxes as are fixed and
1093 required to be paid from the pari-mutuel pools of winter jai
1094 alai permittees and is bound by all of the rules and provisions
1095 of this chapter which apply to the operation of winter jai alai
1096 frontons. Such permittee shall only be permitted to operate a
1097 jai alai fronton after its application has been submitted to the
1098 department division and its license has been issued pursuant to
1099 the application. The license is renewable from year to year as
1100 provided by law.
1101 (4) The provisions of this chapter which prohibit the
1102 location and operation of jai alai frontons within a specified
1103 distance from the location of another jai alai fronton or other
1104 permittee and which prohibit the department division from
1105 granting any permit at a location within a certain designated
1106 area do not apply to the provisions of this section and do not
1107 prevent the issuance of a license under this section.
1108 Section 18. Section 550.0951, Florida Statutes, is amended
1109 to read:
1110 550.0951 Payment of daily license fee and taxes;
1111 penalties.—
1112 (1)(a) DAILY LICENSE FEE.—Each person engaged in the
1113 business of conducting race meetings or jai alai games under
1114 this chapter, hereinafter referred to as the “permitholder,”
1115 “licensee,” or “permittee,” shall pay to the department
1116 division, for the use of the department division, a daily
1117 license fee on each live or simulcast pari-mutuel event of $100
1118 for each horserace and $80 for each dograce and $40 for each jai
1119 alai game conducted at a racetrack or fronton licensed under
1120 this chapter. In addition to the tax exemption specified in s.
1121 550.09514(1) of $360,000 or $500,000 per greyhound permitholder
1122 per state fiscal year, each greyhound permitholder shall receive
1123 in the current state fiscal year a tax credit equal to the
1124 number of live greyhound races conducted in the previous state
1125 fiscal year times the daily license fee specified for each
1126 dograce in this subsection applicable for the previous state
1127 fiscal year. This tax credit and the exemption in s.
1128 550.09514(1) shall be applicable to any tax imposed by this
1129 chapter or the daily license fees imposed by this chapter except
1130 during any charity or scholarship performances conducted
1131 pursuant to s. 550.0351. Each permitholder shall pay daily
1132 license fees not to exceed $500 per day on any simulcast races
1133 or games on which such permitholder accepts wagers regardless of
1134 the number of out-of-state events taken or the number of out-of
1135 state locations from which such events are taken. This license
1136 fee shall be deposited with the Chief Financial Officer to the
1137 credit of the Pari-mutuel Wagering Trust Fund.
1138 (b) Each permitholder that cannot utilize the full amount
1139 of the exemption of $360,000 or $500,000 provided in s.
1140 550.09514(1) or the daily license fee credit provided in this
1141 section may, after notifying the department division in writing,
1142 elect once per state fiscal year on a form provided by the
1143 department division to transfer such exemption or credit or any
1144 portion thereof to any greyhound permitholder that which acts as
1145 a host track to such permitholder for the purpose of intertrack
1146 wagering. Once an election to transfer such exemption or credit
1147 is filed with the department division, it may shall not be
1148 rescinded. The department division shall disapprove the transfer
1149 when the amount of the exemption or credit or portion thereof is
1150 unavailable to the transferring permitholder or when the
1151 permitholder who is entitled to transfer the exemption or credit
1152 or who is entitled to receive the exemption or credit owes taxes
1153 to the state pursuant to a deficiency letter or administrative
1154 complaint issued by the department division. Upon approval of
1155 the transfer by the department division, the transferred tax
1156 exemption or credit shall be effective for the first performance
1157 of the next payment period as specified in subsection (5). The
1158 exemption or credit transferred to such host track may be
1159 applied by such host track against any taxes imposed by this
1160 chapter or daily license fees imposed by this chapter. The
1161 greyhound permitholder host track to which such exemption or
1162 credit is transferred shall reimburse such permitholder the
1163 exact monetary value of such transferred exemption or credit as
1164 actually applied against the taxes and daily license fees of the
1165 host track. The department division shall ensure that all
1166 transfers of exemption or credit are made in accordance with
1167 this subsection, and the department may shall have the authority
1168 to adopt rules to ensure the implementation of this section.
1169 (2) ADMISSION TAX.—
1170 (a) An admission tax equal to 15 percent of the admission
1171 charge for entrance to the permitholder’s facility and
1172 grandstand area, or 10 cents, whichever is greater, is imposed
1173 on each person attending a horserace, dograce, or jai alai game.
1174 The permitholder shall be responsible for collecting the
1175 admission tax.
1176 (b) No admission tax under this chapter or chapter 212
1177 shall be imposed on any free passes or complimentary cards
1178 issued to persons for which there is no cost to the person for
1179 admission to pari-mutuel events.
1180 (c) A permitholder may issue tax-free passes to its
1181 officers, officials, and employees or other persons actually
1182 engaged in working at the racetrack, including accredited press
1183 representatives such as reporters and editors, and may also
1184 issue tax-free passes to other permitholders for the use of
1185 their officers and officials. The permitholder shall file with
1186 the department division a list of all persons to whom tax-free
1187 passes are issued under this paragraph.
1188 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
1189 contributions to pari-mutuel pools, the aggregate of which is
1190 hereinafter referred to as “handle,” on races or games conducted
1191 by the permitholder. The tax is imposed daily and is based on
1192 the total contributions to all pari-mutuel pools conducted
1193 during the daily performance. If a permitholder conducts more
1194 than one performance daily, the tax is imposed on each
1195 performance separately.
1196 (a) The tax on handle for quarter horse racing is 1.0
1197 percent of the handle.
1198 (b)1. The tax on handle for dogracing is 5.5 percent of the
1199 handle, except that for live charity performances held pursuant
1200 to s. 550.0351, and for intertrack wagering on such charity
1201 performances at a guest greyhound track within the market area
1202 of the host, the tax is 7.6 percent of the handle.
1203 2. The tax on handle for jai alai is 7.1 percent of the
1204 handle.
1205 (c)1. The tax on handle for intertrack wagering is 2.0
1206 percent of the handle if the host track is a horse track, 3.3
1207 percent if the host track is a harness track, 5.5 percent if the
1208 host track is a dog track, and 7.1 percent if the host track is
1209 a jai alai fronton. The tax on handle for intertrack wagering is
1210 0.5 percent if the host track and the guest track are
1211 thoroughbred permitholders or if the guest track is located
1212 outside the market area of the host track and within the market
1213 area of a thoroughbred permitholder currently conducting a live
1214 race meet. The tax on handle for intertrack wagering on
1215 rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
1216 of the handle and 1.5 percent of the handle for intertrack
1217 wagering on rebroadcasts of simulcast harness horseraces. The
1218 tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
1219 2. The tax on handle for intertrack wagers accepted by any
1220 dog track located in an area of the state in which there are
1221 only three permitholders, all of which are greyhound
1222 permitholders, located in three contiguous counties, from any
1223 greyhound permitholder also located within such area or any dog
1224 track or jai alai fronton located as specified in s. 550.615(6)
1225 or (9), on races or games received from the same class of
1226 permitholder located within the same market area is 3.9 percent
1227 if the host facility is a greyhound permitholder and, if the
1228 host facility is a jai alai permitholder, the rate shall be 6.1
1229 percent except that it shall be 2.3 percent on handle at such
1230 time as the total tax on intertrack handle paid to the
1231 department division by the permitholder during the current state
1232 fiscal year exceeds the total tax on intertrack handle paid to
1233 the department division by the permitholder during the 1992-1993
1234 state fiscal year.
1235 (d) Notwithstanding any other provision of this chapter, in
1236 order to protect the Florida jai alai industry, effective July
1237 1, 2000, a jai alai permitholder may not be taxed on live handle
1238 at a rate higher than 2 percent.
1239 (4) BREAKS TAX.—Effective October 1, 1996, Each
1240 permitholder conducting jai alai performances shall pay a tax
1241 equal to the breaks. The “breaks” represents that portion of
1242 each pari-mutuel pool which is not redistributed to the
1243 contributors or withheld by the permitholder as commission.
1244 (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
1245 imposed by this section shall be paid to the department
1246 division. The department division shall deposit these sums with
1247 the Chief Financial Officer, to the credit of the Pari-mutuel
1248 Wagering Trust Fund, hereby established. The permitholder shall
1249 remit to the department division payment for the daily license
1250 fee, the admission tax, the tax on handle, and the breaks tax.
1251 Such payments shall be remitted by 3 p.m. Wednesday of each week
1252 for taxes imposed and collected for the preceding week ending on
1253 Sunday. Beginning on July 1, 2012, such payments shall be
1254 remitted by 3 p.m. on the 5th day of each calendar month for
1255 taxes imposed and collected for the preceding calendar month. If
1256 the 5th day of the calendar month falls on a weekend, payments
1257 shall be remitted by 3 p.m. the first Monday following the
1258 weekend. Permitholders shall file a report under oath by the 5th
1259 day of each calendar month for all taxes remitted during the
1260 preceding calendar month. Such payments shall be accompanied by
1261 a report under oath showing the total of all admissions, the
1262 pari-mutuel wagering activities for the preceding calendar
1263 month, and such other information as may be prescribed by the
1264 department division.
1265 (6) PENALTIES.—
1266 (a) The failure of any permitholder to make payments as
1267 prescribed in subsection (5) is a violation of this section, and
1268 the permitholder may be subjected by the department division to
1269 a civil penalty of up to $1,000 for each day the tax payment is
1270 not remitted. All penalties imposed and collected shall be
1271 deposited in the General Revenue Fund. If a permitholder fails
1272 to pay penalties imposed by order of the department division
1273 under this subsection, the department division may suspend or
1274 revoke the license of the permitholder, cancel the permit of the
1275 permitholder, or deny issuance of any further license or permit
1276 to the permitholder.
1277 (b) In addition to the civil penalty prescribed in
1278 paragraph (a), any willful or wanton failure by any permitholder
1279 to make payments of the daily license fee, admission tax, tax on
1280 handle, or breaks tax constitutes sufficient grounds for the
1281 department division to suspend or revoke the license of the
1282 permitholder, to cancel the permit of the permitholder, or to
1283 deny issuance of any further license or permit to the
1284 permitholder.
1285 Section 19. Subsections (2) and (3) of section 550.09511,
1286 Florida Statutes, are amended to read:
1287 550.09511 Jai alai taxes; abandoned interest in a permit
1288 for nonpayment of taxes.—
1289 (2) Notwithstanding the provisions of s. 550.0951(3)(b),
1290 wagering on live jai alai performances shall be subject to the
1291 following taxes:
1292 (a)1. The tax on handle per performance for live jai alai
1293 performances is 4.25 percent of handle per performance. However,
1294 when the live handle of a permitholder during the preceding
1295 state fiscal year was less than $15 million, the tax shall be
1296 paid on the handle in excess of $30,000 per performance per day.
1297 2. The tax rate shall be applicable only until the
1298 requirements of paragraph (b) are met.
1299 (b) At such time as the total of admissions tax, daily
1300 license fee, and tax on handle for live jai alai performances
1301 paid to the department division by a permitholder during the
1302 current state fiscal year exceeds the total state tax revenues
1303 from wagering on live jai alai performances paid or due by the
1304 permitholder in fiscal year 1991-1992, the permitholder shall
1305 pay tax on handle for live jai alai performances at a rate of
1306 2.55 percent of the handle per performance for the remainder of
1307 the current state fiscal year. For purposes of this section,
1308 total state tax revenues on live jai alai wagering in fiscal
1309 year 1991-1992 shall include any admissions tax, tax on handle,
1310 surtaxes on handle, and daily license fees.
1311 (c) If no tax on handle for live jai alai performances were
1312 paid to the department division by a jai alai permitholder
1313 during the 1991-1992 state fiscal year, then at such time as the
1314 total of admissions tax, daily license fee, and tax on handle
1315 for live jai alai performances paid to the department division
1316 by a permitholder during the current state fiscal year exceeds
1317 the total state tax revenues from wagering on live jai alai
1318 performances paid or due by the permitholder in the last state
1319 fiscal year in which the permitholder conducted a full schedule
1320 of live games, the permitholder shall pay tax on handle for live
1321 jai alai performances at a rate of 3.3 percent of the handle per
1322 performance for the remainder of the current state fiscal year.
1323 For purposes of this section, total state tax revenues on live
1324 jai alai wagering shall include any admissions tax, tax on
1325 handle, surtaxes on handle, and daily license fees. This
1326 paragraph shall take effect July 1, 1993.
1327 (d) A permitholder who obtains a new permit issued by the
1328 department division subsequent to the 1991-1992 state fiscal
1329 year and a permitholder whose permit has been converted to a jai
1330 alai permit under the provisions of this chapter, shall, at such
1331 time as the total of admissions tax, daily license fee, and tax
1332 on handle for live jai alai performances paid to the department
1333 division by the permitholder during the current state fiscal
1334 year exceeds the average total state tax revenues from wagering
1335 on live jai alai performances for the first 3 consecutive jai
1336 alai seasons paid to or due the department division by the
1337 permitholder and during which the permitholder conducted a full
1338 schedule of live games, pay tax on handle for live jai alai
1339 performances at a rate of 3.3 percent of the handle per
1340 performance for the remainder of the current state fiscal year.
1341 (e) The payment of taxes pursuant to paragraphs (b), (c),
1342 and (d) shall be calculated and commence beginning the day in
1343 which the permitholder is first entitled to the reduced rate
1344 specified in this section and the report of taxes required by s.
1345 550.0951(5) is submitted to the department division.
1346 (f) A jai alai permitholder paying taxes under this section
1347 shall retain the breaks and pay an amount equal to the breaks as
1348 special prize awards, which shall be in addition to the regular
1349 contracted prize money paid to jai alai players at the
1350 permitholder’s facility. Payment of the special prize money
1351 shall be made during the permitholder’s current meet.
1352 (g) For purposes of this section, “handle” has shall have
1353 the same meaning as in s. 550.0951, and does shall not include
1354 handle from intertrack wagering.
1355 (3)(a) Notwithstanding the provisions of subsection (2) and
1356 s. 550.0951(3)(c)1., any jai alai permitholder that which is
1357 restricted under Florida law from operating live performances on
1358 a year-round basis is entitled to conduct wagering on live
1359 performances at a tax rate of 3.85 percent of live handle. Such
1360 permitholder is also entitled to conduct intertrack wagering as
1361 a host permitholder on live jai alai games at its fronton at a
1362 tax rate of 3.3 percent of handle at such time as the total tax
1363 on intertrack handle paid to the department division by the
1364 permitholder during the current state fiscal year exceeds the
1365 total tax on intertrack handle paid to the department division
1366 by the permitholder during the 1992-1993 state fiscal year.
1367 (b) The payment of taxes pursuant to paragraph (a) shall be
1368 calculated and commence beginning the day in which the
1369 permitholder is first entitled to the reduced rate specified in
1370 this subsection.
1371 Section 20. Section 550.09512, Florida Statutes, is amended
1372 to read:
1373 550.09512 Harness horse taxes; abandoned interest in a
1374 permit for nonpayment of taxes.—
1375 (1) Pari-mutuel wagering at harness horse racetracks in
1376 this state is an important business enterprise, and taxes
1377 derived therefrom constitute a part of the tax structure which
1378 funds operation of the state. Harness horse permitholders should
1379 pay their fair share of these taxes to the state. This business
1380 interest should not be taxed to such an extent as to cause any
1381 racetrack that which is operated under sound business principles
1382 to be forced out of business. Due to the need to protect the
1383 public health, safety, and welfare, the gaming laws of the state
1384 provide for the harness horse industry to be highly regulated
1385 and taxed. The state recognizes that there exist identifiable
1386 differences between harness horse permitholders based upon their
1387 ability to operate under such regulation and tax system.
1388 (2)(a) The tax on handle for live harness horse
1389 performances is 0.5 percent of handle per performance.
1390 (b) For purposes of this section, the term “handle” has
1391 shall have the same meaning as in s. 550.0951, and does shall
1392 not include handle from intertrack wagering.
1393 (3)(a) The permit of a harness horse permitholder who does
1394 not pay tax on handle for live harness horse performances for a
1395 full schedule of live races during any 2 consecutive state
1396 fiscal years shall be void and shall escheat to and become the
1397 property of the state unless such failure to operate and pay tax
1398 on handle was the direct result of fire, strike, war, or other
1399 disaster or event beyond the ability of the permitholder to
1400 control. Financial hardship to the permitholder does shall not,
1401 in and of itself, constitute just cause for failure to operate
1402 and pay tax on handle.
1403 (b) In order to maximize the tax revenues to the state, the
1404 department division shall reissue an escheated harness horse
1405 permit to a qualified applicant pursuant to the provisions of
1406 this chapter as for the issuance of an initial permit. However,
1407 the provisions of this chapter relating to referendum
1408 requirements for a pari-mutuel permit do shall not apply to the
1409 reissuance of an escheated harness horse permit. As specified in
1410 the application and upon approval by the department division of
1411 an application for the permit, the new permitholder is shall be
1412 authorized to operate a harness horse facility anywhere in the
1413 same county in which the escheated permit was authorized to be
1414 operated, notwithstanding the provisions of s. 550.054(2)
1415 relating to mileage limitations.
1416 (4) If In the event that a court of competent jurisdiction
1417 determines any of the provisions of this section to be
1418 unconstitutional, it is the intent of the Legislature that the
1419 provisions contained in this section shall be null and void and
1420 that the provisions of s. 550.0951 shall apply to all harness
1421 horse permitholders beginning on the date of such judicial
1422 determination. To this end, the Legislature declares that it
1423 would not have enacted any of the provisions of this section
1424 individually and, to that end, expressly finds them not to be
1425 severable.
1426 Section 21. Subsection (2) of section 550.09514, Florida
1427 Statutes, is amended to read:
1428 550.09514 Greyhound dogracing taxes; purse requirements.—
1429 (2)(a) The division shall determine for each greyhound
1430 permitholder the annual purse percentage rate of live handle for
1431 the state fiscal year 1993-1994 by dividing total purses paid on
1432 live handle by the permitholder, exclusive of payments made from
1433 outside sources, during the 1993-1994 state fiscal year by the
1434 permitholder’s live handle for the 1993-1994 state fiscal year.
1435 Each permitholder shall pay as purses for live races conducted
1436 during its current race meet at least the same ratio of purses
1437 paid on live handle excluding payments from outside sources
1438 divided by the permitholder’s live handle as it paid during the
1439 a percentage of its live handle not less than the percentage
1440 determined under this paragraph, exclusive of payments made by
1441 outside sources, for its 1993-1994 state fiscal year, as
1442 determined by the department.
1443 (b) Except as otherwise set forth herein, in addition to
1444 the minimum purse percentage required by paragraph (a), each
1445 permitholder shall pay as purses an annual amount equal to 75
1446 percent of the daily license fees paid by each permitholder for
1447 the 1994-1995 fiscal year. This purse supplement shall be
1448 disbursed weekly during the permitholder’s race meet in an
1449 amount determined by dividing the annual purse supplement by the
1450 number of performances approved for the permitholder pursuant to
1451 its annual license and multiplying that amount by the number of
1452 performances conducted each week. For the greyhound
1453 permitholders in the county where there are two greyhound
1454 permitholders located as specified in s. 550.615(6), such
1455 permitholders shall pay in the aggregate an amount equal to 75
1456 percent of the daily license fees paid by such permitholders for
1457 the 1994-1995 fiscal year. These permitholders shall be jointly
1458 and severally liable for such purse payments. The additional
1459 purses provided by this paragraph must be used exclusively for
1460 purses other than stakes. The department division shall conduct
1461 audits necessary to ensure compliance with this section.
1462 (c)1. Each greyhound permitholder when conducting at least
1463 three live performances during any week shall pay purses in that
1464 week on wagers it accepts as a guest track on intertrack and
1465 simulcast greyhound races at the same rate as it pays on live
1466 races. Each greyhound permitholder when conducting at least
1467 three live performances during any week shall pay purses in that
1468 week, at the same rate as it pays on live races, on wagers
1469 accepted on greyhound races at a guest track that which is not
1470 conducting live racing and is located within the same market
1471 area as the greyhound permitholder conducting at least three
1472 live performances during any week.
1473 2. Each host greyhound permitholder shall pay purses on its
1474 simulcast and intertrack broadcasts of greyhound races to guest
1475 facilities that are located outside its market area in an amount
1476 equal to one quarter of an amount determined by subtracting the
1477 transmission costs of sending the simulcast or intertrack
1478 broadcasts from an amount determined by adding the fees received
1479 for greyhound simulcast races plus 3 percent of the greyhound
1480 intertrack handle at guest facilities that are located outside
1481 the market area of the host and that paid contractual fees to
1482 the host for such broadcasts of greyhound races.
1483 (d) The division shall require sufficient documentation
1484 from each greyhound permitholder regarding purses paid on live
1485 racing to assure that the annual purse percentage rates paid by
1486 each permitholder on the live races are not reduced below those
1487 paid during the 1993-1994 state fiscal year. The division shall
1488 require sufficient documentation from each greyhound
1489 permitholder to assure that the purses paid by each permitholder
1490 on the greyhound intertrack and simulcast broadcasts are in
1491 compliance with the requirements of paragraph (c).
1492 (d)(e) In addition to the purse requirements of paragraphs
1493 (a)-(c), each greyhound permitholder shall pay as purses an
1494 amount equal to one-third of the amount of the tax reduction on
1495 live and simulcast handle applicable to such permitholder as a
1496 result of the reductions in tax rates on handle made by chapter
1497 2000-354, Laws of Florida, in provided by this act through the
1498 amendments to s. 550.0951(3). With respect to intertrack
1499 wagering if when the host and guest tracks are greyhound
1500 permitholders not within the same market area, an amount equal
1501 to the tax reduction applicable to the guest track handle as a
1502 result of the reduction in tax rate on handle made by chapter
1503 2000-354, Laws of Florida, in provided by this act through the
1504 amendment to s. 550.0951(3) shall be distributed to the guest
1505 track, one-third of which amount shall be paid as purses at the
1506 guest track. However, if the guest track is a greyhound
1507 permitholder within the market area of the host or if the guest
1508 track is not a greyhound permitholder, an amount equal to such
1509 tax reduction applicable to the guest track handle shall be
1510 retained by the host track, one-third of which amount shall be
1511 paid as purses at the host track. These purse funds shall be
1512 disbursed in the week received if the permitholder conducts at
1513 least one live performance during that week. If the permitholder
1514 does not conduct at least one live performance during the week
1515 in which the purse funds are received, the purse funds shall be
1516 disbursed weekly during the permitholder’s next race meet in an
1517 amount determined by dividing the purse amount by the number of
1518 performances approved for the permitholder pursuant to its
1519 annual license, and multiplying that amount by the number of
1520 performances conducted each week. The department division shall
1521 conduct audits necessary to ensure compliance with this
1522 paragraph.
1523 (e)(f) Each greyhound permitholder shall, during the
1524 permitholder’s race meet, supply kennel operators and the
1525 department Division of Pari-Mutuel Wagering with a weekly report
1526 showing purses paid on live greyhound races and all greyhound
1527 intertrack and simulcast broadcasts, including both as a guest
1528 and a host together with the handle or commission calculations
1529 on which such purses were paid and the transmission costs of
1530 sending the simulcast or intertrack broadcasts, so that the
1531 kennel operators may determine statutory and contractual
1532 compliance.
1533 (f)(g) Each greyhound permitholder shall make direct
1534 payment of purses to the greyhound owners who have filed with
1535 such permitholder appropriate federal taxpayer identification
1536 information based on the percentage amount agreed upon between
1537 the kennel operator and the greyhound owner.
1538 (g)(h) At the request of a majority of kennel operators
1539 under contract with a greyhound permitholder, the permitholder
1540 shall make deductions from purses paid to each kennel operator
1541 electing such deduction and shall make a direct payment of such
1542 deductions to the local association of greyhound kennel
1543 operators formed by a majority of kennel operators under
1544 contract with the permitholder. The amount of the deduction
1545 shall be at least 1 percent of purses, as determined by the
1546 local association of greyhound kennel operators. No deductions
1547 may be taken pursuant to this paragraph without a kennel
1548 operator’s specific approval before or after the effective date
1549 of this act.
1550 Section 22. Subsection (3) of section 550.09515, Florida
1551 Statutes, is amended to read:
1552 550.09515 Thoroughbred horse taxes; abandoned interest in a
1553 permit for nonpayment of taxes.—
1554 (3)(a) The permit of a thoroughbred horse permitholder who
1555 does not pay tax on handle for live thoroughbred horse
1556 performances for a full schedule of live races during any 2
1557 consecutive state fiscal years shall be void and shall escheat
1558 to and become the property of the state unless such failure to
1559 operate and pay tax on handle was the direct result of fire,
1560 strike, war, or other disaster or event beyond the ability of
1561 the permitholder to control. Financial hardship to the
1562 permitholder does shall not, in and of itself, constitute just
1563 cause for failure to operate and pay tax on handle.
1564 (b) In order to maximize the tax revenues to the state, the
1565 department division shall reissue an escheated thoroughbred
1566 horse permit to a qualified applicant pursuant to the provisions
1567 of this chapter as for the issuance of an initial permit.
1568 However, the provisions of this chapter relating to referendum
1569 requirements for a pari-mutuel permit do shall not apply to the
1570 reissuance of an escheated thoroughbred horse permit. As
1571 specified in the application and upon approval by the department
1572 division of an application for the permit, the new permitholder
1573 shall be authorized to operate a thoroughbred horse facility
1574 anywhere in the same county in which the escheated permit was
1575 authorized to be operated, notwithstanding the provisions of s.
1576 550.054(2) relating to mileage limitations.
1577 Section 23. Section 550.105, Florida Statutes, is amended
1578 to read:
1579 550.105 Occupational licenses of racetrack employees; fees;
1580 denial, suspension, and revocation of license; penalties and
1581 fines.—
1582 (1) Each person connected with a racetrack or jai alai
1583 fronton, as specified in paragraph (2)(a), shall purchase from
1584 the department division an occupational license. All moneys
1585 collected pursuant to this section each fiscal year shall be
1586 deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to
1587 the rules adopted by the department division, an occupational
1588 license may be valid for a period of up to 3 years for a fee
1589 that does not exceed the full occupational license fee for each
1590 of the years for which the license is purchased. The
1591 occupational license shall be valid during its specified term at
1592 any pari-mutuel facility.
1593 (2)(a) The following licenses shall be issued to persons or
1594 entities with access to the backside, racing animals, jai alai
1595 players’ room, jockeys’ room, drivers’ room, totalisator room,
1596 the mutuels, or money room, or to persons who, by virtue of the
1597 position they hold, might be granted access to these areas or to
1598 any other person or entity in one of the following categories
1599 and with fees not to exceed the following amounts for any 12
1600 month period:
1601 1. Business licenses: any business such as a vendor,
1602 contractual concessionaire, contract kennel, business owning
1603 racing animals, trust or estate, totalisator company, stable
1604 name, or other fictitious name: $50.
1605 2. Professional occupational licenses: professional persons
1606 with access to the backside of a racetrack or players’ quarters
1607 in jai alai such as trainers, officials, veterinarians, doctors,
1608 nurses, emergency medical technicians EMT’s, jockeys and
1609 apprentices, drivers, jai alai players, owners, trustees, or any
1610 management or officer or director or shareholder or any other
1611 professional-level person who might have access to the jockeys’
1612 room, the drivers’ room, the backside, racing animals, kennel
1613 compound, or managers or supervisors requiring access to mutuels
1614 machines, the money room, or totalisator equipment: $40.
1615 3. General occupational licenses: general employees with
1616 access to the jockeys’ room, the drivers’ room, racing animals,
1617 the backside of a racetrack or players’ quarters in jai alai,
1618 such as grooms, kennel helpers, leadouts, pelota makers, cesta
1619 makers, or ball boys, or a practitioner of any other occupation
1620 who would have access to the animals, the backside, or the
1621 kennel compound, or who would provide the security or
1622 maintenance of these areas, or mutuel employees, totalisator
1623 employees, money-room employees, or any employee with access to
1624 mutuels machines, the money room, or totalisator equipment or
1625 who would provide the security or maintenance of these areas:
1626 $10.
1627
1628 The individuals and entities that are licensed under this
1629 paragraph require heightened state scrutiny, including the
1630 submission by the individual licensees or persons associated
1631 with the entities described in this chapter of fingerprints for
1632 a Federal Bureau of Investigation criminal records check.
1633 (b) The department division shall adopt rules pertaining to
1634 pari-mutuel occupational licenses, licensing periods, and
1635 renewal cycles.
1636 (3) Certified public accountants and attorneys licensed to
1637 practice in this state are shall not be required to hold an
1638 occupational license under this section while providing
1639 accounting or legal services to a permitholder if the certified
1640 public accountant’s or attorney’s primary place of employment is
1641 not on the permitholder premises.
1642 (4) It is unlawful to take part in or officiate in any way
1643 at any pari-mutuel facility without first having secured a
1644 license and paid the occupational license fee.
1645 (5)(a) The department division may:
1646 1. Deny a license to or revoke, suspend, or place
1647 conditions upon or restrictions on a license of any person who
1648 has been refused a license by any other state racing commission
1649 or racing authority;
1650 2. Deny, suspend, or place conditions on a license of any
1651 person who is under suspension or has unpaid fines in another
1652 jurisdiction;
1653
1654 if the state racing commission or racing authority of such other
1655 state or jurisdiction extends to the department division
1656 reciprocal courtesy to maintain the disciplinary control.
1657 (b) The department division may deny, suspend, revoke, or
1658 declare ineligible any occupational license if the applicant for
1659 or holder thereof has violated the provisions of this chapter or
1660 the rules of the department division governing the conduct of
1661 persons connected with racetracks and frontons. In addition, the
1662 department division may deny, suspend, revoke, or declare
1663 ineligible any occupational license if the applicant for such
1664 license has been convicted in this state, in any other state, or
1665 under the laws of the United States of a capital felony, a
1666 felony, or an offense in any other state which would be a felony
1667 under the laws of this state involving arson; trafficking in,
1668 conspiracy to traffic in, smuggling, importing, conspiracy to
1669 smuggle or import, or delivery, sale, or distribution of a
1670 controlled substance; or a crime involving a lack of good moral
1671 character, or has had a pari-mutuel license revoked by this
1672 state or any other jurisdiction for an offense related to pari
1673 mutuel wagering.
1674 (c) The department division may deny, declare ineligible,
1675 or revoke any occupational license if the applicant for such
1676 license has been convicted of a felony or misdemeanor in this
1677 state, in any other state, or under the laws of the United
1678 States, if such felony or misdemeanor is related to gambling or
1679 bookmaking, as contemplated in s. 849.25, or involves cruelty to
1680 animals. If the applicant establishes that she or he is of good
1681 moral character, that she or he has been rehabilitated, and that
1682 the crime she or he was convicted of is not related to pari
1683 mutuel wagering and is not a capital offense, the restrictions
1684 excluding offenders may be waived by the director of the
1685 department division.
1686 (d) For purposes of this subsection, the term “convicted”
1687 means having been found guilty, with or without adjudication of
1688 guilt, as a result of a jury verdict, nonjury trial, or entry of
1689 a plea of guilty or nolo contendere. However, the term
1690 “conviction” may shall not be applied to a crime committed prior
1691 to the effective date of this subsection in a manner that would
1692 invalidate any occupational license issued prior to the
1693 effective date of this subsection or subsequent renewal for any
1694 person holding such a license.
1695 (e) If an occupational license will expire by department
1696 division rule during the period of a suspension the department
1697 division intends to impose, or if a license would have expired
1698 but for pending administrative charges and the occupational
1699 licensee is found to be in violation of any of the charges, the
1700 license may be revoked and a time period of license
1701 ineligibility may be declared. The department division may bring
1702 administrative charges against any person not holding a current
1703 license for violations of statutes or rules which occurred while
1704 such person held an occupational license, and the department
1705 division may declare such person ineligible to hold a license
1706 for a period of time. The department division may impose a civil
1707 fine of up to $1,000 for each violation of the rules of the
1708 department division in addition to or in lieu of any other
1709 penalty provided for in this section. In addition to any other
1710 penalty provided by law, the department division may exclude
1711 from all pari-mutuel facilities in this state, for a period not
1712 to exceed the period of suspension, revocation, or
1713 ineligibility, any person whose occupational license application
1714 has been denied by the department division, who has been
1715 declared ineligible to hold an occupational license, or whose
1716 occupational license has been suspended or revoked by the
1717 department division.
1718 (f) The department division may cancel any occupational
1719 license that has been voluntarily relinquished by the licensee.
1720 (6) In order to promote the orderly presentation of pari
1721 mutuel meets authorized in this chapter, the department division
1722 may issue a temporary occupational license. The department
1723 division shall adopt rules to implement this subsection.
1724 However, no temporary occupational license shall be valid for
1725 more than 90 days, and no more than one temporary license may be
1726 issued for any person in any year.
1727 (7) The department division may deny, revoke, or suspend
1728 any occupational license if the applicant therefor or holder
1729 thereof accumulates unpaid obligations or defaults in
1730 obligations, or issues drafts or checks that are dishonored or
1731 for which payment is refused without reasonable cause, if such
1732 unpaid obligations, defaults, or dishonored or refused drafts or
1733 checks directly relate to the sport of jai alai or racing being
1734 conducted at a pari-mutuel facility within this state.
1735 (8) The department division may fine, or suspend or revoke,
1736 or place conditions upon, the license of any licensee who under
1737 oath knowingly provides false information regarding an
1738 investigation by the department division.
1739 (9) The tax imposed by this section is in lieu of all
1740 license, excise, or occupational taxes to the state or any
1741 county, municipality, or other political subdivision, except
1742 that, if a race meeting or game is held or conducted in a
1743 municipality, the municipality may assess and collect an
1744 additional tax against any person conducting live racing or
1745 games within its corporate limits, which tax may not exceed $150
1746 per day for horseracing or $50 per day for dogracing or jai
1747 alai. Except as provided in this chapter, a municipality may not
1748 assess or collect any additional excise or revenue tax against
1749 any person conducting race meetings within the corporate limits
1750 of the municipality or against any patron of any such person.
1751 (10)(a) Upon application for an occupational license, the
1752 department division may require the applicant’s full legal name;
1753 any nickname, alias, or maiden name for the applicant; name of
1754 the applicant’s spouse; the applicant’s date of birth, residence
1755 address, mailing address, residence address and business phone
1756 number, and social security number; disclosure of any felony or
1757 any conviction involving bookmaking, illegal gambling, or
1758 cruelty to animals; disclosure of any past or present
1759 enforcement or actions by any racing or gaming agency against
1760 the applicant; and any information the department division
1761 determines is necessary to establish the identity of the
1762 applicant or to establish that the applicant is of good moral
1763 character. Fingerprints shall be taken in a manner approved by
1764 the department division and then shall be submitted to the
1765 Federal Bureau of Investigation, or to the association of state
1766 officials regulating pari-mutuel wagering pursuant to the
1767 Federal Pari-mutuel Licensing Simplification Act of 1988. The
1768 cost of processing fingerprints shall be borne by the applicant
1769 and paid to the association of state officials regulating pari
1770 mutuel wagering from the trust fund to which the processing fees
1771 are deposited. The department division, by rule, may require
1772 additional information from licensees which is reasonably
1773 necessary to regulate the industry. The department division may,
1774 by rule, exempt certain occupations or groups of persons from
1775 the fingerprinting requirements.
1776 (b) All fingerprints required by this section which that
1777 are submitted to the Department of Law Enforcement shall be
1778 retained by the Department of Law Enforcement and entered into
1779 the statewide automated fingerprint identification system as
1780 authorized by s. 943.05(2)(b) and shall be available for all
1781 purposes and uses authorized for arrest fingerprint cards
1782 entered into the statewide automated fingerprint identification
1783 system pursuant to s. 943.051.
1784 (c) The Department of Law Enforcement shall search all
1785 arrest fingerprints received pursuant to s. 943.051 against the
1786 fingerprints retained in the statewide automated fingerprint
1787 identification system under paragraph (b). Any arrest record
1788 that is identified with the retained fingerprints of a person
1789 subject to the criminal history screening requirements of this
1790 section shall be reported to the department division. Each
1791 licensee shall pay a fee to the department division for the cost
1792 of retention of the fingerprints and the ongoing searches under
1793 this paragraph. The department division shall forward the
1794 payment to the Department of Law Enforcement. The amount of the
1795 fee to be imposed for performing these searches and the
1796 procedures for the retention of licensee fingerprints shall be
1797 as established by rule of the Department of Law Enforcement. The
1798 department division shall inform the Department of Law
1799 Enforcement of any change in the license status of licensees
1800 whose fingerprints are retained under paragraph (b).
1801 (d) The department division shall request the Department of
1802 Law Enforcement to forward the fingerprints to the Federal
1803 Bureau of Investigation for a national criminal history records
1804 check at least once every 5 years following issuance of a
1805 license. If the fingerprints of a person who is licensed have
1806 not been retained by the Department of Law Enforcement, the
1807 person must file a complete set of fingerprints as provided in
1808 paragraph (a). The department division shall collect the fees
1809 for the cost of the national criminal history records check
1810 under this paragraph and forward the payment to the Department
1811 of Law Enforcement. The cost of processing fingerprints and
1812 conducting a criminal history records check under this paragraph
1813 for a general occupational license shall be borne by the
1814 applicant. The cost of processing fingerprints and conducting a
1815 criminal history records check under this paragraph for a
1816 business or professional occupational license shall be borne by
1817 the person being checked. The Department of Law Enforcement may
1818 send an invoice to the department division for the fingerprints
1819 submitted each month. Under penalty of perjury, each person who
1820 is licensed or who is fingerprinted as required by this section
1821 must agree to inform the department division within 48 hours if
1822 he or she is convicted of or has entered a plea of guilty or
1823 nolo contendere to any disqualifying offense, regardless of
1824 adjudication.
1825 Section 24. Subsection (1) of section 550.1155, Florida
1826 Statutes, is amended to read:
1827 550.1155 Authority of stewards, judges, panel of judges, or
1828 player’s manager to impose penalties against occupational
1829 licensees; disposition of funds collected.—
1830 (1) The stewards at a horse racetrack; the judges at a dog
1831 track; or the judges, a panel of judges, or a player’s manager
1832 at a jai alai fronton may impose a civil penalty against any
1833 occupational licensee for violation of the pari-mutuel laws or
1834 any rule adopted by the department division. The penalty may not
1835 exceed $1,000 for each count or separate offense or exceed 60
1836 days of suspension for each count or separate offense.
1837 Section 25. Subsections (2) and (3) of section 550.125,
1838 Florida Statutes, are amended to read:
1839 550.125 Uniform reporting system; bond requirement.—
1840 (2)(a) Each permitholder that conducts race meetings or jai
1841 alai exhibitions under this chapter shall keep records that
1842 clearly show the total number of admissions and the total amount
1843 of money contributed to each pari-mutuel pool on each race or
1844 exhibition separately and the amount of money received daily
1845 from admission fees and, within 120 days after the end of its
1846 fiscal year, shall submit to the division a complete annual
1847 report of its accounts, audited by a certified public accountant
1848 licensed to practice in the state.
1849 (b) The department division shall adopt rules specifying
1850 the form and content of such reports, including, but not limited
1851 to, requirements for a statement of assets and liabilities,
1852 operating revenues and expenses, and net worth, which statement
1853 must be audited by a certified public accountant licensed to
1854 practice in this state, and any supporting informational
1855 schedule found necessary by the department division to verify
1856 the foregoing financial statement, which informational schedule
1857 must be attested to under oath by the permitholder or an officer
1858 of record, to permit the division to:
1859 1. Assess the profitability and financial soundness of
1860 permitholders, both individually and as an industry;
1861 2. Plan and recommend measures necessary to preserve and
1862 protect the pari-mutuel revenues of the state; and
1863 3. Completely identify the holdings, transactions, and
1864 investments of permitholders with other business entities.
1865 (c) The Auditor General and the Office of Program Policy
1866 Analysis and Government Accountability may, pursuant to their
1867 own authority or at the direction of the Legislative Auditing
1868 Committee, audit, examine, and check the books and records of
1869 any permitholder. These audit reports shall become part of, and
1870 be maintained in, the division files.
1871 (d) The department division shall annually review the books
1872 and records of each permitholder and verify that the breaks and
1873 unclaimed ticket payments made by each permitholder are true and
1874 correct.
1875 (3)(a) Each permitholder to which a license is granted
1876 under this chapter, at its own cost and expense, must, before
1877 the license is delivered, give a bond in the penal sum of
1878 $50,000 payable to the Governor of the state and her or his
1879 successors in office, with a surety or sureties to be approved
1880 by the department division and the Chief Financial Officer,
1881 conditioned to faithfully make the payments to the Chief
1882 Financial Officer in her or his capacity as treasurer of the
1883 department division; to keep its books and records and make
1884 reports as provided; and to conduct its racing in conformity
1885 with this chapter. When the greatest amount of tax owed during
1886 any month in the prior state fiscal year, in which a full
1887 schedule of live racing was conducted, is less than $50,000, the
1888 department division may assess a bond in a sum less than
1889 $50,000. The department division may review the bond for
1890 adequacy and require adjustments each fiscal year. The division
1891 may has the authority to adopt rules to implement this paragraph
1892 and establish guidelines for such bonds.
1893 (b) The provisions of this chapter concerning bonding do
1894 not apply to nonwagering licenses issued pursuant to s. 550.505.
1895 Section 26. Subsections (1) and (3) of section 550.135,
1896 Florida Statutes, are amended to read:
1897 550.135 Division of moneys derived under this law.—All
1898 moneys that are deposited with the Chief Financial Officer to
1899 the credit of the Pari-mutuel Wagering Trust Fund shall be
1900 distributed as follows:
1901 (1) The daily license fee revenues collected pursuant to s.
1902 550.0951(1) shall be used to fund the operating cost of the
1903 department division and to provide a proportionate share of the
1904 operation of the office of the secretary and the Division of
1905 Administration of the Department of Business and Professional
1906 Regulation; however, other collections in the Pari-mutuel
1907 Wagering Trust Fund may also be used to fund the operation of
1908 the division in accordance with authorized appropriations.
1909 (3) The slot machine license fee, the slot machine
1910 occupational license fee, and the compulsive or addictive
1911 gambling prevention program fee collected pursuant to ss.
1912 551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
1913 direct and indirect operating expenses of the department’s
1914 division’s slot machine regulation operations and to provide
1915 funding for relevant enforcement activities in accordance with
1916 authorized appropriations. Funds deposited into the Pari-mutuel
1917 Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
1918 and 551.118 shall be reserved in the trust fund for slot machine
1919 regulation operations. On June 30, any unappropriated funds in
1920 excess of those necessary for incurred obligations and
1921 subsequent year cash flow for slot machine regulation operations
1922 shall be deposited with the Chief Financial Officer to the
1923 credit of the General Revenue Fund.
1924 Section 27. Subsection (1) of section 550.155, Florida
1925 Statutes, is amended to read:
1926 550.155 Pari-mutuel pool within track enclosure; takeouts;
1927 breaks; penalty for purchasing part of a pari-mutuel pool for or
1928 through another in specified circumstances.—
1929 (1) Wagering on the results of a horserace, dograce, or on
1930 the scores or points of a jai alai game and the sale of tickets
1931 or other evidences showing an interest in or a contribution to a
1932 pari-mutuel pool are allowed within the enclosure of any pari
1933 mutuel facility licensed and conducted under this chapter but
1934 are not allowed elsewhere in this state, must be supervised by
1935 the department division, and are subject to such reasonable
1936 rules that the department division prescribes.
1937 Section 28. Subsection (2) and paragraph (a) of subsection
1938 (3) of section 550.1648, Florida Statutes, are amended to read:
1939 550.1648 Greyhound adoptions.—
1940 (2) In addition to the charity days authorized under s.
1941 550.0351, a greyhound permitholder may fund the greyhound
1942 adoption program by holding a charity racing day designated as
1943 “Greyhound Adopt-A-Pet Day.” All profits derived from the
1944 operation of the charity day must be placed into a fund used to
1945 support activities at the racing facility which promote the
1946 adoption of greyhounds. The department division may adopt rules
1947 for administering the fund. Proceeds from the charity day
1948 authorized in this subsection may not be used as a source of
1949 funds for the purposes set forth in s. 550.1647.
1950 (3)(a) Upon a violation of this section by a permitholder
1951 or licensee, the department division may impose a penalty as
1952 provided in s. 550.0251(10) and require the permitholder to take
1953 corrective action.
1954 Section 29. Section 550.175, Florida Statutes, is amended
1955 to read:
1956 550.175 Petition for election to revoke permit.—Upon
1957 petition of 20 percent of the qualified electors of any county
1958 wherein any racing has been licensed and conducted under this
1959 chapter, the county commissioners of such county shall provide
1960 for the submission to the electors of such county at the then
1961 next succeeding general election the question of whether any
1962 permit or permits theretofore granted shall be continued or
1963 revoked, and if a majority of the electors voting on such
1964 question in such election vote to cancel or recall the permit
1965 theretofore given, the department division may not thereafter
1966 grant any license on the permit so recalled. Every signature
1967 upon every recall petition must be signed in the presence of the
1968 clerk of the board of county commissioners at the office of the
1969 clerk of the circuit court of the county, and the petitioner
1970 must present at the time of such signing her or his registration
1971 receipt showing the petitioner’s qualification as an elector of
1972 the county at the time of the signing of the petition. Not more
1973 than one permit may be included in any one petition; and, in all
1974 elections in which the recall of more than one permit is voted
1975 on, the voters shall be given an opportunity to vote for or
1976 against the recall of each permit separately. Nothing in This
1977 chapter does not shall be construed to prevent the holding of
1978 later referendum or recall elections.
1979 Section 30. Section 550.1815, Florida Statutes, is amended
1980 to read:
1981 550.1815 Certain persons prohibited from holding racing or
1982 jai alai permits; suspension and revocation.—
1983 (1) A corporation, general or limited partnership, sole
1984 proprietorship, business trust, joint venture, or unincorporated
1985 association, or other business entity may not hold any
1986 horseracing or dogracing permit or jai alai fronton permit in
1987 this state if any one of the persons or entities specified in
1988 paragraph (a) has been determined by the department division not
1989 to be of good moral character or has been convicted of any
1990 offense specified in paragraph (b).
1991 (a)1. The permitholder;
1992 2. An employee of the permitholder;
1993 3. The sole proprietor of the permitholder;
1994 4. A corporate officer or director of the permitholder;
1995 5. A general partner of the permitholder;
1996 6. A trustee of the permitholder;
1997 7. A member of an unincorporated association permitholder;
1998 8. A joint venturer of the permitholder;
1999 9. The owner of more than 5 percent of any equity interest
2000 in the permitholder, whether as a common shareholder, general or
2001 limited partner, voting trustee, or trust beneficiary; or
2002 10. An owner of any interest in the permit or permitholder,
2003 including any immediate family member of the owner, or holder of
2004 any debt, mortgage, contract, or concession from the
2005 permitholder, who by virtue thereof is able to control the
2006 business of the permitholder.
2007 (b)1. A felony in this state;
2008 2. Any felony in any other state which would be a felony if
2009 committed in this state under the laws of this state;
2010 3. Any felony under the laws of the United States;
2011 4. A felony under the laws of another state if related to
2012 gambling which would be a felony under the laws of this state if
2013 committed in this state; or
2014 5. Bookmaking as defined in s. 849.25.
2015 (2)(a) If the applicant for permit as specified under
2016 subsection (1) or a permitholder as specified in paragraph
2017 (1)(a) has received a full pardon or a restoration of civil
2018 rights with respect to the conviction specified in paragraph
2019 (1)(b), the conviction does not constitute an absolute bar to
2020 the issuance or renewal of a permit or a ground for the
2021 revocation or suspension of a permit.
2022 (b) A corporation that has been convicted of a felony is
2023 entitled to apply for and receive a restoration of its civil
2024 rights in the same manner and on the same grounds as an
2025 individual.
2026 (3) After notice and hearing, the department division shall
2027 refuse to issue or renew or shall suspend, as appropriate, any
2028 permit found in violation of subsection (1). The order shall
2029 become effective 120 days after service of the order upon the
2030 permitholder and shall be amended to constitute a final order of
2031 revocation unless the permitholder has, within that period of
2032 time, either caused the divestiture, or agreed with the
2033 convicted person upon a complete immediate divestiture, of her
2034 or his holding, or has petitioned the circuit court as provided
2035 in subsection (4) or, in the case of corporate officers or
2036 directors of the holder or employees of the holder, has
2037 terminated the relationship between the permitholder and those
2038 persons mentioned. The department division may, by order, extend
2039 the 120-day period for divestiture, upon good cause shown, to
2040 avoid interruption of any jai alai or race meeting or to
2041 otherwise effectuate this section. If no action has been taken
2042 by the permitholder within the 120-day period following the
2043 issuance of the order of suspension, the department division
2044 shall, without further notice or hearing, enter a final order of
2045 revocation of the permit. When any permitholder or sole
2046 proprietor of a permitholder is convicted of an offense
2047 specified in paragraph (1)(b), the department may approve a
2048 transfer of the permit to a qualified applicant, upon a finding
2049 that revocation of the permit would impair the state’s revenue
2050 from the operation of the permit or otherwise be detrimental to
2051 the interests of the state in the regulation of the industry of
2052 pari-mutuel wagering. In such approval, no public referendum is
2053 required, notwithstanding any other provision of law. A petition
2054 for transfer after conviction must be filed with the department
2055 within 30 days after service upon the permitholder of the final
2056 order of revocation. The timely filing of such a petition
2057 automatically stays any revocation order until further order of
2058 the department.
2059 (4) The circuit courts have jurisdiction to decide a
2060 petition brought by a holder of a pari-mutuel permit that shows
2061 that its permit is in jeopardy of suspension or revocation under
2062 subsection (3) and that it is unable to agree upon the terms of
2063 divestiture of interest with the person specified in
2064 subparagraphs (1)(a)3.-9. who has been convicted of an offense
2065 specified in paragraph (1)(b). The court shall determine the
2066 reasonable value of the interest of the convicted person and
2067 order a divestiture upon such terms and conditions as it finds
2068 just. In determining the value of the interest of the convicted
2069 person, the court may consider, among other matters, the value
2070 of the assets of the permitholder, its good will and value as a
2071 going concern, recent and expected future earnings, and other
2072 criteria usual and customary in the sale of like enterprises.
2073 (5) The department division shall adopt make such rules for
2074 the photographing, fingerprinting, and obtaining of personal
2075 data of individuals described in paragraph (1)(a) and the
2076 obtaining of such data regarding the business entities described
2077 in paragraph (1)(a) as is necessary to effectuate the provisions
2078 of this section.
2079 Section 31. Subsection (2), paragraph (c) of subsection
2080 (3), and subsections (4) and (6) of section 550.24055, Florida
2081 Statutes, are amended to read:
2082 550.24055 Use of controlled substances or alcohol
2083 prohibited; testing of certain occupational licensees; penalty;
2084 evidence of test or action taken and admissibility for criminal
2085 prosecution limited.—
2086 (2) The occupational licensees, by applying for and holding
2087 such licenses, are deemed to have given their consents to submit
2088 to an approved chemical test of their breath for the purpose of
2089 determining the alcoholic content of their blood and to a urine
2090 or blood test for the purpose of detecting the presence of
2091 controlled substances. Such tests shall only be conducted only
2092 upon reasonable cause that a violation has occurred as shall be
2093 determined solely by the stewards at a horseracing meeting or
2094 the judges or board of judges at a dogtrack or jai alai meet.
2095 The failure to submit to such test may result in a suspension of
2096 the person’s occupational license for a period of 10 days or
2097 until this section has been complied with, whichever is longer.
2098 (a) If there was at the time of the test 0.05 percent or
2099 less by weight of alcohol in the person’s blood, the person is
2100 presumed not to have been under the influence of alcoholic
2101 beverages to the extent that the person’s normal faculties were
2102 impaired, and no action of any sort may be taken by the
2103 stewards, judges, or board of judges or the department division.
2104 (b) If there was at the time of the test an excess of 0.05
2105 percent but less than 0.08 percent by weight of alcohol in the
2106 person’s blood, that fact does not give rise to any presumption
2107 that the person was or was not under the influence of alcoholic
2108 beverages to the extent that the person’s faculties were
2109 impaired, but the stewards, judges, or board of judges may
2110 consider that fact in determining whether or not the person will
2111 be allowed to officiate or participate in any given race or jai
2112 alai game.
2113 (c) If there was at the time of the test 0.08 percent or
2114 more by weight of alcohol in the person’s blood, that fact is
2115 prima facie evidence that the person was under the influence of
2116 alcoholic beverages to the extent that the person’s normal
2117 faculties were impaired, and the stewards or judges may take
2118 action as set forth in this section, but the person may not
2119 officiate at or participate in any race or jai alai game on the
2120 day of such test.
2121
2122 All tests relating to alcohol must be performed in a manner
2123 substantially similar, or identical, to the provisions of s.
2124 316.1934 and rules adopted pursuant to that section. Following a
2125 test of the urine or blood to determine the presence of a
2126 controlled substance as defined in chapter 893, if a controlled
2127 substance is found to exist, the stewards, judges, or board of
2128 judges may take such action as is permitted in this section.
2129 (3) A violation of subsection (2) is subject to the
2130 following penalties:
2131 (c) If the second violation occurred within 1 year after
2132 the first violation, then upon the finding of a third violation
2133 of this section within 1 year after the second violation, the
2134 stewards, judges, or board of judges may suspend the licensee
2135 for up to 120 days; and the stewards, judges, or board of judges
2136 shall forward the results of the tests under paragraphs (a) and
2137 (b) and this violation to the department division. In addition
2138 to the action taken by the stewards, judges, or board of judges,
2139 the department division, after a hearing, may deny, suspend, or
2140 revoke the occupational license of the licensee and may impose a
2141 civil penalty of up to $5,000 in addition to, or in lieu of, a
2142 suspension or revocation, it being the intent of the Legislature
2143 that the department division shall have no authority over the
2144 enforcement of this section until a licensee has committed the
2145 third violation within 2 years after the first violation.
2146 (4) Section 120.80(18) applies The provisions of s.
2147 120.80(4)(a) apply to all actions taken by the stewards, judges,
2148 or board of judges pursuant to this section without regard to
2149 the limitation contained therein.
2150 (6) Evidence of any test or actions taken by the stewards,
2151 judges, or board of judges or the department division under this
2152 section is inadmissible for any purpose in any court for
2153 criminal prosecution, it being the intent of the Legislature to
2154 provide a method and means by which the health, safety, and
2155 welfare of those officiating at or participating in a race meet
2156 or a jai alai game are sufficiently protected. However, this
2157 subsection does not prohibit any person so authorized from
2158 pursuing an independent investigation as a result of a ruling
2159 made by the stewards, judges, or board of judges, or the
2160 department division.
2161 Section 32. Section 550.2415, Florida Statutes, is amended
2162 to read:
2163 550.2415 Racing of animals under certain conditions
2164 prohibited; penalties; exceptions.—
2165 (1)(a) The racing of an animal with any drug, medication,
2166 stimulant, depressant, hypnotic, narcotic, local anesthetic, or
2167 drug-masking agent is prohibited. It is a violation of this
2168 section for a person to administer or cause to be administered
2169 any drug, medication, stimulant, depressant, hypnotic, narcotic,
2170 local anesthetic, or drug-masking agent to an animal which will
2171 result in a positive test for such substance based on samples
2172 taken from the animal immediately prior to or immediately after
2173 the racing of that animal. Test results and the identities of
2174 the animals being tested and of their trainers and owners of
2175 record are confidential and exempt from s. 119.07(1) and from s.
2176 24(a), Art. I of the State Constitution for 10 days after
2177 testing of all samples collected on a particular day has been
2178 completed and any positive test results derived from such
2179 samples have been reported to the director of the department
2180 division or administrative action has been commenced.
2181 (b) It is a violation of this section for a race-day
2182 specimen to contain a level of a naturally occurring substance
2183 that which exceeds normal physiological concentrations. The
2184 department division may adopt rules that specify normal
2185 physiological concentrations of naturally occurring substances
2186 in the natural untreated animal and rules that specify
2187 acceptable levels of environmental contaminants and trace levels
2188 of substances in test samples.
2189 (c) The finding of a prohibited substance in a race-day
2190 specimen constitutes prima facie evidence that the substance was
2191 administered and was carried in the body of the animal while
2192 participating in the race.
2193 (2) Administrative action may be taken by the department
2194 division against an occupational licensee responsible pursuant
2195 to rule of the department division for the condition of an
2196 animal that has been impermissibly medicated or drugged in
2197 violation of this section.
2198 (3)(a) Upon the finding of a violation of this section, the
2199 department division may revoke or suspend the license or permit
2200 of the violator or deny a license or permit to the violator;
2201 impose a fine against the violator in an amount not exceeding
2202 $5,000; require the full or partial return of the purse,
2203 sweepstakes, and trophy of the race at issue; or impose against
2204 the violator any combination of such penalties. The finding of a
2205 violation of this section in no way prohibits a prosecution for
2206 criminal acts committed.
2207 (b) The department division, notwithstanding the provisions
2208 of chapter 120, may summarily suspend the license of an
2209 occupational licensee responsible under this section or
2210 department division rule for the condition of a race animal if
2211 the department’s division laboratory reports the presence of an
2212 impermissible substance in the animal or its blood, urine,
2213 saliva, or any other bodily fluid, either before a race in which
2214 the animal is entered or after a race the animal has run.
2215 (c) If an occupational licensee is summarily suspended
2216 under this section, the department division shall offer the
2217 licensee a prompt postsuspension hearing within 72 hours, at
2218 which the department division shall produce the laboratory
2219 report and documentation that which, on its face, establishes
2220 the responsibility of the occupational licensee. Upon production
2221 of the documentation, the occupational licensee has the burden
2222 of proving his or her lack of responsibility.
2223 (d) Any proceeding for administrative action against a
2224 licensee or permittee, other than a proceeding under paragraph
2225 (c), shall be conducted in compliance with chapter 120.
2226 (4) A prosecution pursuant to this section for a violation
2227 of this section must be commenced within 2 years after the
2228 violation was committed. Service of an administrative complaint
2229 marks the commencement of administrative action.
2230 (5) The department division shall implement a split-sample
2231 procedure for testing animals under this section.
2232 (a) Upon finding a positive drug test result, the
2233 department shall notify the owner or trainer of the results. The
2234 owner may request that each urine and blood sample be split into
2235 a primary sample and a secondary (split) sample. Such splitting
2236 must be accomplished in the laboratory under rules approved by
2237 the department division. Custody of both samples must remain
2238 with the department division. However, upon request by the
2239 affected trainer or owner of the animal from which the sample
2240 was obtained, the department division shall send the split
2241 sample to an approved independent laboratory for analysis. The
2242 department division shall establish standards and rules for
2243 uniform enforcement and shall maintain a list of at least five
2244 approved independent laboratories for an owner or trainer to
2245 select from in the event of a positive test sample.
2246 (b) If the state laboratory’s findings are not confirmed by
2247 the independent laboratory, no further administrative or
2248 disciplinary action under this section may be pursued. The
2249 department division may adopt rules identifying substances that
2250 diminish in a blood or urine sample due to passage of time and
2251 that must be taken into account in applying this section.
2252 (c) If the independent laboratory confirms the state
2253 laboratory’s positive result, or if there is an insufficient
2254 quantity of the secondary (split) sample for confirmation of the
2255 state laboratory’s positive result, the department division may
2256 commence administrative proceedings as prescribed in this
2257 chapter and consistent with chapter 120. For purposes of this
2258 subsection, the department shall in good faith attempt to obtain
2259 a sufficient quantity of the test fluid to allow both a primary
2260 test and a secondary test to be made.
2261 (6)(a) It is the intent of the Legislature that animals
2262 that participate in races in this state on which pari-mutuel
2263 wagering is conducted and animals that are bred and trained in
2264 this state for racing be treated humanely, both on and off
2265 racetracks, throughout the lives of the animals.
2266 (b) The department division shall, by rule, adopt establish
2267 the procedures for euthanizing greyhounds. However, a greyhound
2268 may not be put to death by any means other than by lethal
2269 injection of the drug sodium pentobarbital. A greyhound may not
2270 be removed from this state for the purpose of being destroyed.
2271 (c) It is a violation of this chapter for an occupational
2272 licensee to train a greyhound using live or dead animals. A
2273 greyhound may not be taken from this state for the purpose of
2274 being trained through the use of live or dead animals.
2275 (d) Any act committed by any licensee that would constitute
2276 cruelty to animals as defined in s. 828.02 involving any animal
2277 constitutes a violation of this chapter. Imposition of any
2278 penalty by the department division for violation of this chapter
2279 or any rule adopted by the department division pursuant to this
2280 chapter does shall not prohibit a criminal prosecution for
2281 cruelty to animals.
2282 (e) The department division may inspect any area at a pari
2283 mutuel facility where racing animals are raced, trained, housed,
2284 or maintained, including any areas where food, medications, or
2285 other supplies are kept, to ensure the humane treatment of
2286 racing animals and compliance with this chapter and the rules of
2287 the department division.
2288 (7) Under no circumstances may any medication be
2289 administered closer than 24 hours prior to the officially
2290 scheduled post time of a race except as provided for in this
2291 section.
2292 (a) The department division shall adopt rules setting
2293 conditions for the use of furosemide to treat exercise-induced
2294 pulmonary hemorrhage.
2295 (b) The department division shall adopt rules setting
2296 conditions for the use of prednisolone sodium succinate, but
2297 under no circumstances may furosemide or prednisolone sodium
2298 succinate be administered closer than 4 hours prior to the
2299 officially scheduled post time for the race.
2300 (c) The department division shall adopt rules setting
2301 conditions for the use of phenylbutazone and synthetic
2302 corticosteroids; in no case, except as provided in paragraph
2303 (b), shall these substances be given closer than 24 hours prior
2304 to the officially scheduled post time of a race. Oral
2305 corticosteroids are prohibited except when prescribed by a
2306 licensed veterinarian and reported to the department division on
2307 forms prescribed by the department division.
2308 (d) Nothing in This section does not shall be interpreted
2309 to prohibit the use of vitamins, minerals, or naturally
2310 occurring substances so long as they do not exceed none exceeds
2311 the normal physiological concentration in a race-day specimen.
2312 (e) The department division may, by rule, establish
2313 acceptable levels of permitted medications and shall select the
2314 appropriate biological specimens by which the administration of
2315 permitted medication is monitored.
2316 (8)(a) Under no circumstances may any medication be
2317 administered within 24 hours before the officially scheduled
2318 post time of the race except as provided in this section.
2319 (b) As an exception to this section, if the department
2320 division first determines that the use of furosemide,
2321 phenylbutazone, or prednisolone sodium succinate in horses is in
2322 the best interest of racing, the department division may adopt
2323 rules allowing such use. Any rules allowing the use of
2324 furosemide, phenylbutazone, or prednisolone sodium succinate in
2325 racing must set the conditions for such use. Under no
2326 circumstances may a rule be adopted which allows the
2327 administration of furosemide or prednisolone sodium succinate
2328 within 4 hours before the officially scheduled post time for the
2329 race. Under no circumstances may a rule be adopted which allows
2330 the administration of phenylbutazone or any other synthetic
2331 corticosteroid within 24 hours before the officially scheduled
2332 post time for the race. Any administration of synthetic
2333 corticosteroids is limited to parenteral routes. Oral
2334 administration of synthetic corticosteroids is expressly
2335 prohibited. If this paragraph is unconstitutional, it is
2336 severable from the remainder of this section.
2337 (c) The department division shall, by rule, establish
2338 acceptable levels of permitted medications and shall select the
2339 appropriate biological specimen by which the administration of
2340 permitted medications is monitored.
2341 (9)(a) The department division may conduct a postmortem
2342 examination of any animal that is injured at a permitted
2343 racetrack while in training or in competition and that
2344 subsequently expires or is destroyed. The department division
2345 may conduct a postmortem examination of any animal that expires
2346 while housed at a permitted racetrack, association compound, or
2347 licensed kennel or farm. Trainers and owners shall be requested
2348 to comply with this paragraph as a condition of licensure.
2349 (b) The department division may take possession of the
2350 animal upon death for postmortem examination. The department
2351 division may submit blood, urine, other bodily fluid specimens,
2352 or other tissue specimens collected during a postmortem
2353 examination for testing by the department division laboratory or
2354 its designee. Upon completion of the postmortem examination, the
2355 carcass must be returned to the owner or disposed of at the
2356 owner’s option.
2357 (10) The presence of a prohibited substance in an animal,
2358 found by the department’s division laboratory in a bodily fluid
2359 specimen collected during the postmortem examination of the
2360 animal, which breaks down during a race constitutes a violation
2361 of this section.
2362 (11) The cost of postmortem examinations, testing, and
2363 disposal must be borne by the department division.
2364 (12) The department division shall adopt rules to implement
2365 this section. The rules may include a classification system for
2366 prohibited substances and a corresponding penalty schedule for
2367 violations.
2368 (13) Except as specifically modified by statute or by rules
2369 of the department division, the Uniform Classification
2370 Guidelines for Foreign Substances, revised February 14, 1995, as
2371 promulgated by the Association of Racing Commissioners
2372 International, Inc., is hereby adopted by reference as the
2373 uniform classification system for class IV and V medications.
2374 (14) The department division shall utilize only the thin
2375 layer chromatography (TLC) screening process to test for the
2376 presence of class IV and V medications in samples taken from
2377 racehorses except when thresholds of a class IV or class V
2378 medication have been established and are enforced by rule. Once
2379 a sample has been identified as suspicious for a class IV or
2380 class V medication by the TLC screening process, the sample will
2381 be sent for confirmation by and through additional testing
2382 methods. All other medications not classified by rule as a class
2383 IV or class V agent are shall be subject to all forms of testing
2384 available to the department division.
2385 (15) The department division may implement by rule
2386 medication levels recommended by the University of Florida
2387 College of Veterinary Medicine developed pursuant to an
2388 agreement between the department Division of Pari-mutuel
2389 Wagering and the University of Florida College of Veterinary
2390 Medicine. The University of Florida College of Veterinary
2391 Medicine may provide written notification to the department
2392 division that it has completed research or review on a
2393 particular drug pursuant to the agreement and when the College
2394 of Veterinary Medicine has completed a final report of its
2395 findings, conclusions, and recommendations to the department
2396 division.
2397 (16) The testing medium for phenylbutazone in horses shall
2398 be serum, and the department division may collect up to six full
2399 15-milliliter blood tubes for each horse being sampled.
2400 Section 33. Section 550.2614, Florida Statutes, is amended
2401 to read:
2402 550.2614 Distribution of certain funds to a horsemen’s
2403 association.—
2404 (1) Each licensee that holds a permit for thoroughbred
2405 horse racing in this state shall deduct from the purses required
2406 by s. 550.2625, an amount of money equal to 1 percent of the
2407 total purse pool and shall pay that amount to a horsemen’s
2408 association representing the majority of the thoroughbred
2409 racehorse owners and trainers for its use in accordance with the
2410 stated goals of its articles of association filed with the
2411 Department of State.
2412 (2) The funds are payable to the horsemen’s association
2413 only upon presentation of a sworn statement by the officers of
2414 the association that the horsemen’s association represents a
2415 majority of the owners and trainers of thoroughbred horses
2416 stabled in the state.
2417 (3) Upon receiving a state license, each thoroughbred owner
2418 and trainer shall receive automatic membership in the horsemen’s
2419 association as defined in subsection (1) and be counted on the
2420 membership rolls of that association, unless, within 30 calendar
2421 days after receipt of license from the state, the individual
2422 declines membership in writing, to the association as defined in
2423 subsection (1).
2424 (4) The department division shall adopt rules to facilitate
2425 the orderly transfer of funds in accordance with this section.
2426 The department division shall also monitor the membership rolls
2427 of the horsemen’s association to ensure that complete, accurate,
2428 and timely listings are maintained for the purposes specified in
2429 this section.
2430 Section 34. Subsection (3) of section 550.26165, Florida
2431 Statutes, is amended to read:
2432 550.26165 Breeders’ awards.—
2433 (3) Breeders’ associations shall submit their plans to the
2434 department division at least 60 days before the beginning of the
2435 payment year. The payment year may be a calendar year or any 12
2436 month period, but once established, the yearly base may not be
2437 changed except for compelling reasons. Once a plan is approved,
2438 the department division may not allow the plan to be amended
2439 during the year, except for the most compelling reasons.
2440 Section 35. Section 550.2625, Florida Statutes, is amended
2441 to read:
2442 550.2625 Horseracing; minimum purse requirement, Florida
2443 breeders’ and owners’ awards.—
2444 (1) The purse structure and the availability of breeder
2445 awards are important factors in attracting the entry of well
2446 bred horses in racing meets in this state which in turn helps to
2447 produce maximum racing revenues for the state and the counties.
2448 (2) Each permitholder conducting a horserace meet is
2449 required to pay from the takeout withheld on pari-mutuel pools a
2450 sum for purses in accordance with the type of race performed.
2451 (a) A permitholder conducting a thoroughbred horse race
2452 meet under this chapter must pay from the takeout withheld a sum
2453 not less than 7.75 percent of all contributions to pari-mutuel
2454 pools conducted during the race meet as purses. In addition to
2455 the 7.75 percent minimum purse payment, permitholders conducting
2456 live thoroughbred performances shall be required to pay as
2457 additional purses .625 percent of live handle for performances
2458 conducted during the period beginning on January 3 and ending
2459 March 16; .225 percent for performances conducted during the
2460 period beginning March 17 and ending May 22; and .85 percent for
2461 performances conducted during the period beginning May 23 and
2462 ending January 2. Except that any thoroughbred permitholder
2463 whose total handle on live performances during the 1991-1992
2464 state fiscal year was not greater than $34 million is not
2465 subject to this additional purse payment. A permitholder
2466 authorized to conduct thoroughbred racing may withhold from the
2467 handle an additional amount equal to 1 percent on exotic
2468 wagering for use as owners’ awards, and may withhold from the
2469 handle an amount equal to 2 percent on exotic wagering for use
2470 as overnight purses. A No permitholder may not withhold in
2471 excess of 20 percent from the handle without withholding the
2472 amounts set forth in this subsection.
2473 (b)1. A permitholder conducting a harness horse race meet
2474 under this chapter must pay to the purse pool from the takeout
2475 withheld a purse requirement that totals an amount not less than
2476 8.25 percent of all contributions to pari-mutuel pools conducted
2477 during the race meet. An amount not less than 7.75 percent of
2478 the total handle shall be paid from this purse pool as purses.
2479 2. An amount not to exceed 0.5 percent of the total handle
2480 on all harness horse races that are subject to the purse
2481 requirement of subparagraph 1., must be available for use to
2482 provide medical, dental, surgical, life, funeral, or disability
2483 insurance benefits for occupational licensees who work at tracks
2484 in this state at which harness horse races are conducted. Such
2485 insurance benefits must be paid from the purse pool specified in
2486 subparagraph 1. An annual plan for payment of insurance benefits
2487 from the purse pool, including qualifications for eligibility,
2488 must be submitted by the Florida Standardbred Breeders and
2489 Owners Association for approval to the department division. An
2490 annual report of the implemented plan shall be submitted to the
2491 department division. All records of the Florida Standardbred
2492 Breeders and Owners Association concerning the administration of
2493 the plan must be available for audit at the discretion of the
2494 department division to determine that the plan has been
2495 implemented and administered as authorized. If the department
2496 division finds that the Florida Standardbred Breeders and Owners
2497 Association has not complied with the provisions of this
2498 section, the department division may order the association to
2499 cease and desist from administering the plan and shall appoint
2500 the department division as temporary administrator of the plan
2501 until the department division reestablishes administration of
2502 the plan with the association.
2503 (c) A permitholder conducting a quarter horse race meet
2504 under this chapter shall pay from the takeout withheld a sum not
2505 less than 6 percent of all contributions to pari-mutuel pools
2506 conducted during the race meet as purses.
2507 (d) The department division shall adopt reasonable rules to
2508 ensure the timely and accurate payment of all amounts withheld
2509 by horserace permitholders regarding the distribution of purses,
2510 owners’ awards, and other amounts collected for payment to
2511 owners and breeders. Each permitholder that fails to pay out all
2512 moneys collected for payment to owners and breeders shall,
2513 within 10 days after the end of the meet during which the
2514 permitholder underpaid purses, deposit an amount equal to the
2515 underpayment into a separate interest-bearing account to be
2516 distributed to owners and breeders in accordance with department
2517 division rules.
2518 (e) An amount equal to 8.5 percent of the purse account
2519 generated through intertrack wagering and interstate
2520 simulcasting will be used for Florida Owners’ Awards as set
2521 forth in subsection (3). Any thoroughbred permitholder with an
2522 average blended takeout that which does not exceed 20 percent
2523 and with an average daily purse distribution excluding
2524 sponsorship, entry fees, and nominations exceeding $225,000 is
2525 exempt from the provisions of this paragraph.
2526 (3) Each horseracing permitholder conducting any
2527 thoroughbred race under this chapter, including any intertrack
2528 race taken pursuant to ss. 550.615-550.6305 or any interstate
2529 simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
2530 to 0.955 percent on all pari-mutuel pools conducted during any
2531 such race for the payment of breeders’, stallion, or special
2532 racing awards as authorized in this chapter. This subsection
2533 also applies to all Breeder’s Cup races conducted outside this
2534 state taken pursuant to s. 550.3551(3). On any race originating
2535 live in this state which is broadcast out-of-state to any
2536 location at which wagers are accepted pursuant to s.
2537 550.3551(2), the host track is required to pay 3.475 percent of
2538 the gross revenue derived from such out-of-state broadcasts as
2539 breeders’, stallion, or special racing awards. The Florida
2540 Thoroughbred Breeders’ Association is authorized to receive
2541 these payments from the permitholders and make payments of
2542 awards earned. The Florida Thoroughbred Breeders’ Association
2543 has the right to withhold up to 10 percent of the permitholder’s
2544 payments under this section as a fee for administering the
2545 payments of awards and for general promotion of the industry.
2546 The permitholder shall remit these payments to the Florida
2547 Thoroughbred Breeders’ Association by the 5th day of each
2548 calendar month for such sums accruing during the preceding
2549 calendar month and shall report such payments to the department
2550 division as prescribed by the department division. With the
2551 exception of the 10-percent fee, the moneys paid by the
2552 permitholders shall be maintained in a separate, interest
2553 bearing account, and such payments together with any interest
2554 earned shall be used exclusively for the payment of breeders’,
2555 stallion, or special racing awards in accordance with the
2556 following provisions:
2557 (a) The breeder of each Florida-bred thoroughbred horse
2558 winning a thoroughbred horse race is entitled to an award of up
2559 to, but not exceeding, 20 percent of the announced gross purse,
2560 including nomination fees, eligibility fees, starting fees,
2561 supplementary fees, and moneys added by the sponsor of the race.
2562 (b) The owner or owners of the sire of a Florida-bred
2563 thoroughbred horse that wins a stakes race is entitled to a
2564 stallion award of up to, but not exceeding, 20 percent of the
2565 announced gross purse, including nomination fees, eligibility
2566 fees, starting fees, supplementary fees, and moneys added by the
2567 sponsor of the race.
2568 (c) The owners of thoroughbred horses participating in
2569 thoroughbred stakes races, nonstakes races, or both may receive
2570 a special racing award in accordance with the agreement
2571 established pursuant to s. 550.26165(1).
2572 (d) In order for a breeder of a Florida-bred thoroughbred
2573 horse to be eligible to receive a breeder’s award, the horse
2574 must have been registered as a Florida-bred horse with the
2575 Florida Thoroughbred Breeders’ Association, and the Jockey Club
2576 certificate for the horse must show that it has been duly
2577 registered as a Florida-bred horse as evidenced by the seal and
2578 proper serial number of the Florida Thoroughbred Breeders’
2579 Association registry. The Florida Thoroughbred Breeders’
2580 Association shall be permitted to charge the registrant a
2581 reasonable fee for this verification and registration.
2582 (e) In order for an owner of the sire of a thoroughbred
2583 horse winning a stakes race to be eligible to receive a stallion
2584 award, the stallion must have been registered with the Florida
2585 Thoroughbred Breeders’ Association, and the breeding of the
2586 registered Florida-bred horse must have occurred in this state.
2587 The stallion must be standing permanently in this state during
2588 the period of time between February 1 and June 15 of each year
2589 or, if the stallion is dead, must have stood permanently in this
2590 state for a period of not less than 1 year immediately prior to
2591 its death. The removal of a stallion from this state during the
2592 period of time between February 1 and June 15 of any year for
2593 any reason, other than exclusively for prescribed medical
2594 treatment, as approved by the Florida Thoroughbred Breeders’
2595 Association, renders the owner or owners of the stallion
2596 ineligible to receive a stallion award under any circumstances
2597 for offspring sired prior to removal; however, if a removed
2598 stallion is returned to this state, all offspring sired
2599 subsequent to the return make the owner or owners of the
2600 stallion eligible for the stallion award but only for those
2601 offspring sired subsequent to such return to this state. The
2602 Florida Thoroughbred Breeders’ Association shall maintain
2603 complete records showing the date the stallion arrived in this
2604 state for the first time, whether or not the stallion remained
2605 in the state permanently, the location of the stallion, and
2606 whether the stallion is still standing in this state and
2607 complete records showing awards earned, received, and
2608 distributed. The association may charge the owner, owners, or
2609 breeder a reasonable fee for this service.
2610 (f) A permitholder conducting a thoroughbred horse race
2611 under the provisions of this chapter shall, within 30 days after
2612 the end of the race meet during which the race is conducted,
2613 certify to the Florida Thoroughbred Breeders’ Association such
2614 information relating to the thoroughbred horses winning a stakes
2615 or other horserace at the meet as may be required to determine
2616 the eligibility for payment of breeders’, stallion, and special
2617 racing awards.
2618 (g) The Florida Thoroughbred Breeders’ Association shall
2619 maintain complete records showing the starters and winners in
2620 all races conducted at thoroughbred tracks in this state; shall
2621 maintain complete records showing awards earned, received, and
2622 distributed; and may charge the owner, owners, or breeder a
2623 reasonable fee for this service.
2624 (h) The Florida Thoroughbred Breeders’ Association shall
2625 annually establish a uniform rate and procedure for the payment
2626 of breeders’ and stallion awards and shall make breeders’ and
2627 stallion award payments in strict compliance with the
2628 established uniform rate and procedure plan. The plan may set a
2629 cap on winnings and may limit, exclude, or defer payments to
2630 certain classes of races, such as the Florida stallion stakes
2631 races, in order to assure that there are adequate revenues to
2632 meet the proposed uniform rate. Such plan must include proposals
2633 for the general promotion of the industry. Priority shall be
2634 placed upon imposing such restrictions in lieu of allowing the
2635 uniform rate to be less than 15 percent of the total purse
2636 payment. The uniform rate and procedure plan must be approved by
2637 the department division before implementation. In the absence of
2638 an approved plan and procedure, the authorized rate for
2639 breeders’ and stallion awards is 15 percent of the announced
2640 gross purse for each race. Such purse must include nomination
2641 fees, eligibility fees, starting fees, supplementary fees, and
2642 moneys added by the sponsor of the race. If the funds in the
2643 account for payment of breeders’ and stallion awards are not
2644 sufficient to meet all earned breeders’ and stallion awards,
2645 those breeders and stallion owners not receiving payments have
2646 first call on any subsequent receipts in that or any subsequent
2647 year.
2648 (i) The Florida Thoroughbred Breeders’ Association shall
2649 keep accurate records showing receipts and disbursements of such
2650 payments and shall annually file a full and complete report to
2651 the department division showing such receipts and disbursements
2652 and the sums withheld for administration. The department
2653 division may audit the records and accounts of the Florida
2654 Thoroughbred Breeders’ Association to determine that payments
2655 have been made to eligible breeders and stallion owners in
2656 accordance with this section.
2657 (j) If the department division finds that the Florida
2658 Thoroughbred Breeders’ Association has not complied with any
2659 provision of this section, the department division may order the
2660 association to cease and desist from receiving funds and
2661 administering funds received under this section. If the
2662 department division enters such an order, the permitholder shall
2663 make the payments authorized in this section to the department
2664 division for deposit into the Pari-mutuel Wagering Trust Fund;
2665 and any funds in the Florida Thoroughbred Breeders’ Association
2666 account shall be immediately paid to the department Division of
2667 Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
2668 Trust Fund. The department division shall authorize payment from
2669 these funds to any breeder or stallion owner entitled to an
2670 award that has not been previously paid by the Florida
2671 Thoroughbred Breeders’ Association in accordance with the
2672 applicable rate.
2673 (4) Each permitholder conducting a harness horse race under
2674 this chapter shall pay a sum equal to the breaks on all pari
2675 mutuel pools conducted during that race for the payment of
2676 breeders’ awards, stallion awards, and stallion stakes and for
2677 additional expenditures as authorized in this section. The
2678 Florida Standardbred Breeders and Owners Association is
2679 authorized to receive these payments from the permitholders and
2680 make payments as authorized in this subsection. The Florida
2681 Standardbred Breeders and Owners Association has the right to
2682 withhold up to 10 percent of the permitholder’s payments under
2683 this section and under s. 550.2633 as a fee for administering
2684 these payments. The permitholder shall remit these payments to
2685 the Florida Standardbred Breeders and Owners Association by the
2686 5th day of each calendar month for such sums accruing during the
2687 preceding calendar month and shall report such payments to the
2688 department division as prescribed by the department division.
2689 With the exception of the 10-percent fee for administering the
2690 payments and the use of the moneys authorized by paragraph (j),
2691 the moneys paid by the permitholders shall be maintained in a
2692 separate, interest-bearing account; and such payments together
2693 with any interest earned shall be allocated for the payment of
2694 breeders’ awards, stallion awards, stallion stakes, additional
2695 purses, and prizes for, and the general promotion of owning and
2696 breeding of, Florida-bred standardbred horses. Payment of
2697 breeders’ awards and stallion awards shall be made in accordance
2698 with the following provisions:
2699 (a) The breeder of each Florida-bred standardbred horse
2700 winning a harness horse race is entitled to an award of up to,
2701 but not exceeding, 20 percent of the announced gross purse,
2702 including nomination fees, eligibility fees, starting fees,
2703 supplementary fees, and moneys added by the sponsor of the race.
2704 (b) The owner or owners of the sire of a Florida-bred
2705 standardbred horse that wins a stakes race is entitled to a
2706 stallion award of up to, but not exceeding, 20 percent of the
2707 announced gross purse, including nomination fees, eligibility
2708 fees, starting fees, supplementary fees, and moneys added by the
2709 sponsor of the race.
2710 (c) In order for a breeder of a Florida-bred standardbred
2711 horse to be eligible to receive a breeder’s award, the horse
2712 winning the race must have been registered as a Florida-bred
2713 horse with the Florida Standardbred Breeders and Owners
2714 Association and a registration certificate under seal for the
2715 winning horse must show that the winner has been duly registered
2716 as a Florida-bred horse as evidenced by the seal and proper
2717 serial number of the United States Trotting Association
2718 registry. The Florida Standardbred Breeders and Owners
2719 Association shall be permitted to charge the registrant a
2720 reasonable fee for this verification and registration.
2721 (d) In order for an owner of the sire of a standardbred
2722 horse winning a stakes race to be eligible to receive a stallion
2723 award, the stallion must have been registered with the Florida
2724 Standardbred Breeders and Owners Association, and the breeding
2725 of the registered Florida-bred horse must have occurred in this
2726 state. The stallion must be standing permanently in this state
2727 or, if the stallion is dead, must have stood permanently in this
2728 state for a period of not less than 1 year immediately prior to
2729 its death. The removal of a stallion from this state for any
2730 reason, other than exclusively for prescribed medical treatment,
2731 renders the owner or the owners of the stallion ineligible to
2732 receive a stallion award under any circumstances for offspring
2733 sired prior to removal; however, if a removed stallion is
2734 returned to this state, all offspring sired subsequent to the
2735 return make the owner or owners of the stallion eligible for the
2736 stallion award but only for those offspring sired subsequent to
2737 such return to this state. The Florida Standardbred Breeders and
2738 Owners Association shall maintain complete records showing the
2739 date the stallion arrived in this state for the first time,
2740 whether or not the stallion remained in the state permanently,
2741 the location of the stallion, and whether the stallion is still
2742 standing in this state and complete records showing awards
2743 earned, received, and distributed. The association may charge
2744 the owner, owners, or breeder a reasonable fee for this service.
2745 (e) A permitholder conducting a harness horse race under
2746 this chapter shall, within 30 days after the end of the race
2747 meet during which the race is conducted, certify to the Florida
2748 Standardbred Breeders and Owners Association such information
2749 relating to the horse winning a stakes or other horserace at the
2750 meet as may be required to determine the eligibility for payment
2751 of breeders’ awards and stallion awards.
2752 (f) The Florida Standardbred Breeders and Owners
2753 Association shall maintain complete records showing the starters
2754 and winners in all races conducted at harness horse racetracks
2755 in this state; shall maintain complete records showing awards
2756 earned, received, and distributed; and may charge the owner,
2757 owners, or breeder a reasonable fee for this service.
2758 (g) The Florida Standardbred Breeders and Owners
2759 Association shall annually establish a uniform rate and
2760 procedure for the payment of breeders’ awards, stallion awards,
2761 stallion stakes, additional purses, and prizes for, and for the
2762 general promotion of owning and breeding of, Florida-bred
2763 standardbred horses and shall make award payments and
2764 allocations in strict compliance with the established uniform
2765 rate and procedure. The plan may set a cap on winnings, and may
2766 limit, exclude, or defer payments to certain classes of races,
2767 such as the Florida Breeders’ stakes races, in order to assure
2768 that there are adequate revenues to meet the proposed uniform
2769 rate. Priority shall be placed on imposing such restrictions in
2770 lieu of allowing the uniform rate allocated to payment of
2771 breeder and stallion awards to be less than 10 percent of the
2772 total purse payment. The uniform rate and procedure must be
2773 approved by the department division before implementation. In
2774 the absence of an approved plan and procedure, the authorized
2775 rate for breeders’ and stallion awards is 10 percent of the
2776 announced gross purse for each race. Such purse must include
2777 nomination fees, eligibility fees, starting fees, supplementary
2778 fees, and moneys added by the sponsor of the race. If the funds
2779 in the account for payment of breeders’ and stallion awards are
2780 not sufficient to meet all earned breeders’ and stallion awards,
2781 those breeders and stallion owners not receiving payments have
2782 first call on any subsequent receipts in that or any subsequent
2783 year.
2784 (h) The Florida Standardbred Breeders and Owners
2785 Association shall keep accurate records showing receipts and
2786 disbursements of such payments and shall annually file a full
2787 and complete report to the department division showing such
2788 receipts and disbursements and the sums withheld for
2789 administration. The department division may audit the records
2790 and accounts of the Florida Standardbred Breeders and Owners
2791 Association to determine that payments have been made to
2792 eligible breeders, stallion owners, and owners of Florida-bred
2793 standardbred horses in accordance with this section.
2794 (i) If the department division finds that the Florida
2795 Standardbred Breeders and Owners Association has not complied
2796 with any provision of this section, the department division may
2797 order the association to cease and desist from receiving funds
2798 and administering funds received under this section and under s.
2799 550.2633. If the department division enters such an order, the
2800 permitholder shall make the payments authorized in this section
2801 and s. 550.2633 to the department division for deposit into the
2802 Pari-mutuel Wagering Trust Fund; and any funds in the Florida
2803 Standardbred Breeders and Owners Association account shall be
2804 immediately paid to the department division for deposit to the
2805 Pari-mutuel Wagering Trust Fund. The department division shall
2806 authorize payment from these funds to any breeder, stallion
2807 owner, or owner of a Florida-bred standardbred horse entitled to
2808 an award that has not been previously paid by the Florida
2809 Standardbred Breeders and Owners Association in accordance with
2810 the applicable rate.
2811 (j) The board of directors of the Florida Standardbred
2812 Breeders and Owners Association may authorize the release of up
2813 to 25 percent of the funds available for breeders’ awards,
2814 stallion awards, stallion stakes, additional purses, and prizes
2815 for, and for the general promotion of owning and breeding of,
2816 Florida-bred standardbred horses to be used for purses for, and
2817 promotion of, Florida-bred standardbred horses at race meetings
2818 at which there is no pari-mutuel wagering unless, and to the
2819 extent that, such release would render the funds available for
2820 such awards insufficient to pay the breeders’ and stallion
2821 awards earned pursuant to the annual plan of the association.
2822 Any such funds so released and used for purses are not
2823 considered to be an “announced gross purse” as that term is used
2824 in paragraphs (a) and (b), and no breeders’ or stallion awards,
2825 stallion stakes, or owner awards are required to be paid for
2826 standardbred horses winning races in meetings at which there is
2827 no pari-mutuel wagering. The amount of purses to be paid from
2828 funds so released and the meets eligible to receive such funds
2829 for purses must be approved by the board of directors of the
2830 Florida Standardbred Breeders and Owners Association.
2831 (5)(a) Except as provided in subsections (7) and (8), each
2832 permitholder conducting a quarter horse race meet under this
2833 chapter shall pay a sum equal to the breaks plus a sum equal to
2834 1 percent of all pari-mutuel pools conducted during that race
2835 for supplementing and augmenting purses and prizes and for the
2836 general promotion of owning and breeding of racing quarter
2837 horses in this state as authorized in this section. The Florida
2838 Quarter Horse Breeders and Owners Association is authorized to
2839 receive these payments from the permitholders and make payments
2840 as authorized in this subsection. The Florida Quarter Horse
2841 Breeders and Owners Association, Inc., referred to in this
2842 chapter as the Florida Quarter Horse Breeders and Owners
2843 Association, has the right to withhold up to 10 percent of the
2844 permitholder’s payments under this section and under s. 550.2633
2845 as a fee for administering these payments. The permitholder
2846 shall remit these payments to the Florida Quarter Horse Breeders
2847 and Owners Association by the 5th day of each calendar month for
2848 such sums accruing during the preceding calendar month and shall
2849 report such payments to the department division as prescribed by
2850 the department division. With the exception of the 5-percent fee
2851 for administering the payments, the moneys paid by the
2852 permitholders shall be maintained in a separate, interest
2853 bearing account.
2854 (b) The Florida Quarter Horse Breeders and Owners
2855 Association shall use these funds solely for supplementing and
2856 augmenting purses and prizes and for the general promotion of
2857 owning and breeding of racing quarter horses in this state and
2858 for general administration of the Florida Quarter Horse Breeders
2859 and Owners Association, Inc., in this state.
2860 (c) In order for an owner or breeder of a Florida-bred
2861 quarter horse to be eligible to receive an award, the horse
2862 winning a race must have been registered as a Florida-bred horse
2863 with the Florida Quarter Horse Breeders and Owners Association
2864 and a registration certificate under seal for the winning horse
2865 must show that the winning horse has been duly registered prior
2866 to the race as a Florida-bred horse as evidenced by the seal and
2867 proper serial number of the Florida Quarter Horse Breeders and
2868 Owners Association registry. The Department of Agriculture and
2869 Consumer Services is authorized to assist the association in
2870 maintaining this registry. The Florida Quarter Horse Breeders
2871 and Owners Association may charge the registrant a reasonable
2872 fee for this verification and registration. Any person who
2873 registers unqualified horses or misrepresents information in any
2874 way shall be denied any future participation in breeders’
2875 awards, and all horses misrepresented will no longer be deemed
2876 to be Florida-bred.
2877 (d) A permitholder conducting a quarter horse race under a
2878 quarter horse permit under this chapter shall, within 30 days
2879 after the end of the race meet during which the race is
2880 conducted, certify to the Florida Quarter Horse Breeders and
2881 Owners Association such information relating to the horse
2882 winning a stakes or other horserace at the meet as may be
2883 required to determine the eligibility for payment of breeders’
2884 awards under this section.
2885 (e) The Florida Quarter Horse Breeders and Owners
2886 Association shall maintain complete records showing the starters
2887 and winners in all quarter horse races conducted under quarter
2888 horse permits in this state; shall maintain complete records
2889 showing awards earned, received, and distributed; and may charge
2890 the owner, owners, or breeder a reasonable fee for this service.
2891 (f) The Florida Quarter Horse Breeders and Owners
2892 Association shall keep accurate records showing receipts and
2893 disbursements of payments made under this section and shall
2894 annually file a full and complete report to the department
2895 division showing such receipts and disbursements and the sums
2896 withheld for administration. The department division may audit
2897 the records and accounts of the Florida Quarter Horse Breeders
2898 and Owners Association to determine that payments have been made
2899 in accordance with this section.
2900 (g) The Florida Quarter Horse Breeders and Owners
2901 Association shall annually establish a plan for supplementing
2902 and augmenting purses and prizes and for the general promotion
2903 of owning and breeding Florida-bred racing quarter horses and
2904 shall make award payments and allocations in strict compliance
2905 with the annual plan. The annual plan must be approved by the
2906 department division before implementation. If the funds in the
2907 account for payment of purses and prizes are not sufficient to
2908 meet all purses and prizes to be awarded, those breeders and
2909 owners not receiving payments have first call on any subsequent
2910 receipts in that or any subsequent year.
2911 (h) If the department division finds that the Florida
2912 Quarter Horse Breeders and Owners Association has not complied
2913 with any provision of this section, the department division may
2914 order the association to cease and desist from receiving funds
2915 and administering funds received under this section and s.
2916 550.2633. If the department division enters such an order, the
2917 permitholder shall make the payments authorized in this section
2918 and s. 550.2633 to the department division for deposit into the
2919 Pari-mutuel Wagering Trust Fund, and any funds in the Florida
2920 Quarter Horse Breeders and Owners Association account shall be
2921 immediately paid to the department division for deposit to the
2922 Pari-mutuel Wagering Trust Fund. The department division shall
2923 authorize payment from these funds to any breeder or owner of a
2924 quarter horse entitled to an award that has not been previously
2925 paid by the Florida Quarter Horse Breeders and Owners
2926 Association pursuant to in accordance with this section.
2927 (6)(a) The takeout may be used for the payment of awards to
2928 owners of registered Florida-bred horses placing first in a
2929 claiming race, an allowance race, a maiden special race, or a
2930 stakes race in which the announced purse, exclusive of entry and
2931 starting fees and added moneys, does not exceed $40,000.
2932 (b) The permitholder shall determine for each qualified
2933 race the amount of the owners’ award for which a registered
2934 Florida-bred horse will be eligible. The amount of the available
2935 owners’ award shall be established in the same manner in which
2936 purses are established and shall be published in the condition
2937 book for the period during which the race is to be conducted. No
2938 single award may exceed 50 percent of the gross purse for the
2939 race won.
2940 (c) If the moneys generated under paragraph (a) during the
2941 meet exceed the owners’ awards earned during the meet, the
2942 excess funds shall be held in a separate interest-bearing
2943 account, and the total interest and principal shall be used to
2944 increase the owners’ awards during the permitholder’s next meet.
2945 (d) Breeders’ awards authorized by subsections (3) and (4)
2946 may not be paid on owners’ awards.
2947 (e) This subsection governs owners’ awards paid on
2948 thoroughbred horse races only in this state, unless a written
2949 agreement is filed with the department division establishing the
2950 rate, procedures, and eligibility requirements for owners’
2951 awards, including place of finish, class of race, maximum purse,
2952 and maximum award, and the agreement is entered into by the
2953 permitholder, the Florida Thoroughbred Breeders’ Association,
2954 and the association representing a majority of the racehorse
2955 owners and trainers at the permitholder’s location.
2956 (7)(a) Each permitholder that conducts race meets under
2957 this chapter and runs Appaloosa races shall pay to the
2958 department division a sum equal to the breaks plus a sum equal
2959 to 1 percent of the total contributions to each pari-mutuel pool
2960 conducted on each Appaloosa race. The payments shall be remitted
2961 to the department division by the 5th day of each calendar month
2962 for sums accruing during the preceding calendar month.
2963 (b) The department division shall deposit these collections
2964 to the credit of the General Inspection Trust Fund in a special
2965 account to be known as the “Florida Appaloosa Racing Promotion
2966 Account.” The Department of Agriculture and Consumer Services
2967 shall administer the funds and adopt suitable and reasonable
2968 rules for the administration thereof. The moneys in the Florida
2969 Appaloosa Racing Promotion Account shall be allocated solely for
2970 supplementing and augmenting purses and prizes and for the
2971 general promotion of owning and breeding of racing Appaloosas in
2972 this state; and the moneys may not be used to defray any expense
2973 of the Department of Agriculture and Consumer Services in the
2974 administration of this chapter.
2975 (8)(a) Each permitholder that conducts race meets under
2976 this chapter and runs Arabian horse races shall pay to the
2977 department division a sum equal to the breaks plus a sum equal
2978 to 1 percent of the total contributions to each pari-mutuel pool
2979 conducted on each Arabian horse race. The payments shall be
2980 remitted to the department division by the 5th day of each
2981 calendar month for sums accruing during the preceding calendar
2982 month.
2983 (b) The department division shall deposit these collections
2984 to the credit of the General Inspection Trust Fund in a special
2985 account to be known as the “Florida Arabian Horse Racing
2986 Promotion Account.” The Department of Agriculture and Consumer
2987 Services shall administer the funds and adopt suitable and
2988 reasonable rules for the administration thereof. The moneys in
2989 the Florida Arabian Horse Racing Promotion Account shall be
2990 allocated solely for supplementing and augmenting purses and
2991 prizes and for the general promotion of owning and breeding of
2992 racing Arabian horses in this state; and the moneys may not be
2993 used to defray any expense of the Department of Agriculture and
2994 Consumer Services in the administration of this chapter, except
2995 that the moneys generated by Arabian horse registration fees
2996 received pursuant to s. 570.382 may be used as provided in
2997 paragraph (5)(b) of that section.
2998 Section 36. Section 550.26352, Florida Statutes, is amended
2999 to read:
3000 550.26352 Breeders’ Cup Meet; pools authorized; conflicts;
3001 taxes; credits; transmission of races; rules; application.—
3002 (1) Notwithstanding any provision of this chapter to the
3003 contrary, there is hereby created a special thoroughbred race
3004 meet that which shall be designated as the “Breeders’ Cup Meet.”
3005 The Breeders’ Cup Meet shall be conducted at the facility of the
3006 Florida permitholder selected by Breeders’ Cup Limited to
3007 conduct the Breeders’ Cup Meet. The Breeders’ Cup Meet shall
3008 consist of 3 days: the day on which the Breeders’ Cup races are
3009 conducted, the preceding day, and the subsequent day. Upon the
3010 selection of the Florida permitholder as host for the Breeders’
3011 Cup Meet and application by the selected permitholder, the
3012 department division shall issue a license to the selected
3013 permitholder to operate the Breeders’ Cup Meet. Notwithstanding
3014 s. 550.09515(2)(a), the Breeders’ Cup Meet may be conducted on
3015 dates that which the selected permitholder is not otherwise
3016 authorized to conduct a race meet.
3017 (2) The permitholder conducting the Breeders’ Cup Meet is
3018 specifically authorized to create pari-mutuel pools during the
3019 Breeders’ Cup Meet by accepting pari-mutuel wagers on the
3020 thoroughbred horse races run during said meet.
3021 (3) If the permitholder conducting the Breeders’ Cup Meet
3022 is located within 35 miles of one or more permitholders
3023 scheduled to conduct a thoroughbred race meet on any of the 3
3024 days of the Breeders’ Cup Meet, then operation on any of those 3
3025 days by the other permitholders is prohibited. As compensation
3026 for the loss of racing days caused thereby, such operating
3027 permitholders shall receive a credit against the taxes otherwise
3028 due and payable to the state under ss. 550.0951 and 550.09515.
3029 This credit shall be in an amount equal to the operating loss
3030 determined to have been suffered by the operating permitholders
3031 as a result of not operating on the prohibited racing days, but
3032 may shall not exceed a total of $950,000. The determination of
3033 the amount to be credited shall be made by the department
3034 division upon application by the operating permitholder. The tax
3035 credits provided in this subsection are shall not be available
3036 unless an operating permitholder is required to close a bona
3037 fide meet consisting in part of no fewer than 10 scheduled
3038 performances in the 15 days immediately preceding or 10
3039 scheduled performances in the 15 days immediately following the
3040 Breeders’ Cup Meet. Such tax credit shall be in lieu of any
3041 other compensation or consideration for the loss of racing days.
3042 There shall be no replacement or makeup of any lost racing days.
3043 (4) Notwithstanding any provision of ss. 550.0951 and
3044 550.09515, the permitholder conducting the Breeders’ Cup Meet
3045 shall pay no taxes on the handle included within the pari-mutuel
3046 pools of said permitholder during the Breeders’ Cup Meet.
3047 (5) The permitholder conducting the Breeders’ Cup Meet
3048 shall receive a credit against the taxes otherwise due and
3049 payable to the state under ss. 550.0951 and 550.09515 generated
3050 during said permitholder’s next ensuing regular thoroughbred
3051 race meet. This credit shall be in an amount not to exceed
3052 $950,000 and shall be used utilized by the permitholder to pay
3053 the purses offered by the permitholder during the Breeders’ Cup
3054 Meet in excess of the purses that which the permitholder is
3055 otherwise required by law to pay. The amount to be credited
3056 shall be determined by the department division upon application
3057 of the permitholder which is subject to audit by the department
3058 division.
3059 (6) The permitholder conducting the Breeders’ Cup Meet
3060 shall receive a credit against the taxes otherwise due and
3061 payable to the state under ss. 550.0951 and 550.09515 generated
3062 during said permitholder’s next ensuing regular thoroughbred
3063 race meet. This credit shall be in an amount not to exceed
3064 $950,000 and shall be utilized by the permitholder for such
3065 capital improvements and extraordinary expenses as may be
3066 necessary for operation of the Breeders’ Cup Meet. The amount to
3067 be credited shall be determined by the department division upon
3068 application of the permitholder which is subject to audit by the
3069 department division.
3070 (7) The permitholder conducting the Breeders’ Cup Meet is
3071 shall be exempt from the payment of purses and other payments to
3072 horsemen on all on-track, intertrack, interstate, and
3073 international wagers or rights fees or payments arising
3074 therefrom for all races for which the purse is paid or supplied
3075 by Breeders’ Cup Limited. The permitholder conducting the
3076 Breeders’ Cup Meet is shall not, however, be exempt from
3077 breeders’ awards payments for on-track and intertrack wagers as
3078 provided in ss. 550.2625(3) and 550.625(2)(a) for races in which
3079 the purse is paid or supplied by Breeders’ Cup Limited.
3080 (8)(a) Pursuant to s. 550.3551(2), the permitholder
3081 conducting the Breeders’ Cup Meet may is authorized to transmit
3082 broadcasts of the races conducted during the Breeders’ Cup Meet
3083 to locations outside of this state for wagering purposes. The
3084 department division may approve broadcasts to pari-mutuel
3085 permitholders and other betting systems authorized under the
3086 laws of any other state or country. Wagers accepted by any out
3087 of-state pari-mutuel permitholder or betting system on any races
3088 broadcast under this section may be, but are not required to be,
3089 commingled with the pari-mutuel pools of the permitholder
3090 conducting the Breeders’ Cup Meet. The calculation of any payoff
3091 on national pari-mutuel pools with commingled wagers may be
3092 performed by the permitholder’s totalisator contractor at a
3093 location outside of this state. Pool amounts from wagers placed
3094 at pari-mutuel facilities or other betting systems in foreign
3095 countries before being commingled with the pari-mutuel pool of
3096 the Florida permitholder conducting the Breeders’ Cup Meet shall
3097 be calculated by the totalisator contractor and transferred to
3098 the commingled pool in United States currency in cycles
3099 customarily used by the permitholder. Pool amounts from wagers
3100 placed at any foreign pari-mutuel facility or other betting
3101 system may shall not be commingled with a Florida pool until a
3102 determination is made by the department division that the
3103 technology utilized by the totalisator contractor is adequate to
3104 assure commingled pools will result in the calculation of
3105 accurate payoffs to Florida bettors. Any totalisator contractor
3106 at a location outside of this state shall comply with the
3107 provisions of s. 550.495 relating to totalisator licensing.
3108 (b) The permitholder conducting the Breeders’ Cup Meet may
3109 is authorized to transmit broadcasts of the races conducted
3110 during the Breeders’ Cup Meet to other pari-mutuel facilities
3111 located in this state for wagering purposes; however, the
3112 permitholder conducting the Breeders’ Cup Meet is shall not be
3113 required to transmit broadcasts to any pari-mutuel facility
3114 located within 25 miles of the facility at which the Breeders’
3115 Cup Meet is conducted.
3116 (9) The exemption from the tax credits provided in
3117 subsections (5) and (6) may shall not be granted and may shall
3118 not be claimed by the permitholder until an audit is completed
3119 by the department division. The department division is required
3120 to complete the audit within 30 days of receipt of the necessary
3121 documentation from the permitholder to verify the permitholder’s
3122 claim for tax credits. If the documentation submitted by the
3123 permitholder is incomplete or is insufficient to document the
3124 permitholder’s claim for tax credits, the department division
3125 may request such additional documentation as is necessary to
3126 complete the audit. Upon receipt of the department’s division’s
3127 written request for additional documentation, the 30-day time
3128 limitation will commence anew.
3129 (10) The department may division is authorized to adopt
3130 such rules as are necessary to facilitate the conduct of the
3131 Breeders’ Cup Meet, including as authorized in this section.
3132 Included within this grant of authority shall be the adoption or
3133 waiver of rules regarding the overall conduct of racing during
3134 the Breeders’ Cup Meet so as to ensure the integrity of the
3135 races, licensing for all participants, special stabling and
3136 training requirements for foreign horses, commingling of pari
3137 mutuel pools, and audit requirements for tax credits and other
3138 benefits.
3139 (11) Any dispute between the department division and any
3140 permitholder regarding the tax credits authorized under
3141 subsection (3), subsection (5), or subsection (6) shall be
3142 determined by a hearing officer of the Division of
3143 Administrative Hearings under the provisions of s. 120.57(1).
3144 (12) The provisions of this section shall prevail over any
3145 conflicting provisions of this chapter.
3146 Section 37. Section 550.2704, Florida Statutes, is amended
3147 to read:
3148 550.2704 Jai Alai Tournament of Champions Meet.—
3149 (1) Notwithstanding any provision of this chapter, there is
3150 hereby created a special jai alai meet that which shall be
3151 designated as the “Jai Alai Tournament of Champions Meet” and
3152 which shall be hosted by the Florida jai alai permitholders
3153 selected by the National Association of Jai Alai Frontons, Inc.,
3154 to conduct such meet. The meet shall consist of three qualifying
3155 performances and a final performance, each of which is to be
3156 conducted on different days. Upon the selection of the Florida
3157 permitholders for the meet, and upon application by the selected
3158 permitholders, the department Division of Pari-mutuel Wagering
3159 shall issue a license to each of the selected permitholders to
3160 operate the meet. The meet may be conducted during a season in
3161 which the permitholders selected to conduct the meet are not
3162 otherwise authorized to conduct a meet. Notwithstanding anything
3163 herein to the contrary, any Florida permitholder who is to
3164 conduct a performance that which is a part of the Jai Alai
3165 Tournament of Champions Meet is shall not be required to apply
3166 for the license for said meet if it is to be run during the
3167 regular season for which such permitholder has a license.
3168 (2) Qualifying performances and the final performance of
3169 the tournament shall be held at different locations throughout
3170 the state, and the permitholders selected shall be under
3171 different ownership to the extent possible.
3172 (3) Notwithstanding any provision of this chapter, each of
3173 the permitholders licensed to conduct performances comprising
3174 the Jai Alai Tournament of Champions Meet shall pay no taxes on
3175 handle under s. 550.0951 or s. 550.09511 for any performance
3176 conducted by such permitholder as part of the Jai Alai
3177 Tournament of Champions Meet. The provisions of this subsection
3178 shall apply to a maximum of four performances.
3179 (4) The Jai Alai Tournament of Champions Meet permitholders
3180 shall also receive a credit against the taxes, otherwise due and
3181 payable under s. 550.0951 or s. 550.09511, generated during said
3182 permitholders’ current regular meet. This credit shall be in the
3183 aggregate amount of $150,000, shall be prorated equally between
3184 the permitholders, and shall be used utilized by the
3185 permitholders solely to supplement awards for the performance
3186 conducted during the Jai Alai Tournament of Champions Meet. All
3187 awards shall be paid to the tournament’s participating players
3188 no later than 30 days following the conclusion of said Jai Alai
3189 Tournament of Champions Meet.
3190 (5) In addition to the credit authorized in subsection (4),
3191 the Jai Alai Tournament of Champions Meet permitholders shall
3192 receive a credit against the taxes, otherwise due and payable
3193 under s. 550.0951 or s. 550.09511, generated during said
3194 permitholders’ current regular meet, in an amount not to exceed
3195 the aggregate amount of $150,000, which shall be prorated
3196 equally between the permitholders, and shall be used utilized by
3197 the permitholders for such capital improvements and
3198 extraordinary expenses, including marketing expenses, as may be
3199 necessary for the operation of the meet. The determination of
3200 the amount to be credited shall be made by the department
3201 division upon application of said permitholders.
3202 (6) The permitholder is shall be entitled to said
3203 permitholder’s pro rata share of the $150,000 tax credit
3204 provided in subsection (5) without having to make application,
3205 so long as appropriate documentation to substantiate said
3206 expenditures thereunder is provided to the department division
3207 within 30 days following said Jai Alai Tournament of Champions
3208 Meet.
3209 (7) A No Jai Alai Tournament of Champions Meet may not
3210 shall exceed 4 days in any state fiscal year, and only no more
3211 than one performance may shall be conducted on any one day of
3212 the meet. There shall be Only one Jai Alai Tournament of
3213 Champions Meet may occur in any state fiscal year.
3214 (8) The department may division is authorized to adopt such
3215 rules as are necessary to facilitate the conduct of the Jai Alai
3216 Tournament of Champions Meet, including as authorized in this
3217 section. Included within this grant of authority shall be the
3218 adoption of rules regarding the overall conduct of the
3219 tournament so as to ensure the integrity of the event, licensing
3220 for participants, commingling of pari-mutuel pools, and audit
3221 requirements for tax credits and exemptions.
3222 (9) The provisions of This section prevails shall prevail
3223 over any conflicting provisions of this chapter.
3224 Section 38. Subsections (3) and (5) of section 550.334,
3225 Florida Statutes, are amended to read:
3226 550.334 Quarter horse racing; substitutions.—
3227 (3) Quarter horses participating in such races must be duly
3228 registered by the American Quarter Horse Association, and before
3229 each race such horses must be examined and declared in fit
3230 condition by a qualified person designated by the department
3231 division.
3232 (5) Any quarter horse racing permitholder operating under a
3233 valid permit issued by the department division is authorized to
3234 substitute races of other breeds of horses which are,
3235 respectively, registered with the American Paint Horse
3236 Association, Appaloosa Horse Club, Arabian Horse Registry of
3237 America, Palomino Horse Breeders of America, United States
3238 Trotting Association, Florida Cracker Horse Association, or
3239 Jockey Club for no more than 50 percent of the quarter horse
3240 races during its meet.
3241 Section 39. Subsection (2) of section 550.3345, Florida
3242 Statutes, is amended to read:
3243 550.3345 Conversion of quarter horse permit to a limited
3244 thoroughbred permit.—
3245 (2) Notwithstanding any other provision of law, the holder
3246 of a quarter horse racing permit issued under s. 550.334 may,
3247 within 1 year after the effective date of this section, apply to
3248 the department division for a transfer of the quarter horse
3249 racing permit to a not-for-profit corporation formed under state
3250 law to serve the purposes of the state as provided in subsection
3251 (1). The board of directors of the not-for-profit corporation
3252 must be comprised of 11 members, 4 of whom shall be designated
3253 by the applicant, 4 of whom shall be designated by the Florida
3254 Thoroughbred Breeders’ Association, and 3 of whom shall be
3255 designated by the other 8 directors, with at least 1 of these 3
3256 members being an authorized representative of another
3257 thoroughbred permitholder in this state. The not-for-profit
3258 corporation shall submit an application to the department
3259 division for review and approval of the transfer in accordance
3260 with s. 550.054. Upon approval of the transfer by the department
3261 division, and notwithstanding any other provision of law to the
3262 contrary, the not-for-profit corporation may, within 1 year
3263 after its receipt of the permit, request that the department
3264 division convert the quarter horse racing permit to a permit
3265 authorizing the holder to conduct pari-mutuel wagering meets of
3266 thoroughbred racing. Neither the transfer of the quarter horse
3267 racing permit nor its conversion to a limited thoroughbred
3268 permit shall be subject to the mileage limitation or the
3269 ratification election as set forth under s. 550.054(2) or s.
3270 550.0651. Upon receipt of the request for such conversion, the
3271 department division shall timely issue a converted permit. The
3272 converted permit and the not-for-profit corporation shall be
3273 subject to the following requirements:
3274 (a) All net revenues derived by the not-for-profit
3275 corporation under the thoroughbred horse racing permit, after
3276 the funding of operating expenses and capital improvements,
3277 shall be dedicated to the enhancement of thoroughbred purses and
3278 breeders’, stallion, and special racing awards under this
3279 chapter; the general promotion of the thoroughbred horse
3280 breeding industry; and the care in this state of thoroughbred
3281 horses retired from racing.
3282 (b) From December 1 through April 30, no live thoroughbred
3283 racing may be conducted under the permit on any day during which
3284 another thoroughbred permitholder is conducting live
3285 thoroughbred racing within 125 air miles of the not-for-profit
3286 corporation’s pari-mutuel facility unless the other thoroughbred
3287 permitholder gives its written consent.
3288 (c) After the conversion of the quarter horse racing permit
3289 and the issuance of its initial license to conduct pari-mutuel
3290 wagering meets of thoroughbred racing, the not-for-profit
3291 corporation shall annually apply to the department division for
3292 a license pursuant to s. 550.5251(2)-(5).
3293 (d) Racing under the permit may take place only at the
3294 location for which the original quarter horse racing permit was
3295 issued, which may be leased by the not-for-profit corporation
3296 for that purpose; however, the not-for-profit corporation may,
3297 without the conduct of any ratification election pursuant to s.
3298 550.054(13) or s. 550.0651, move the location of the permit to
3299 another location in the same county provided that such
3300 relocation is approved under the zoning and land use regulations
3301 of the applicable county or municipality.
3302 (e) A No permit converted under this section may not be
3303 transferred is eligible for transfer to another person or
3304 entity.
3305 Section 40. Section 550.3355, Florida Statutes, is amended
3306 to read:
3307 550.3355 Harness track licenses for summer quarter horse
3308 racing.—Any harness track licensed to operate under the
3309 provisions of s. 550.375 may make application for, and shall be
3310 issued by the department division, a license to operate not more
3311 than 50 quarter horse racing days during the summer season,
3312 which shall extend from July 1 until October 1 of each year.
3313 However, this license to operate quarter horse racing for 50
3314 days is in addition to the racing days and dates provided in s.
3315 550.375 for harness racing during the winter seasons; and, it
3316 does not affect the right of such licensee to operate harness
3317 racing at the track as provided in s. 550.375 during the winter
3318 season. All provisions of this chapter governing quarter horse
3319 racing not in conflict herewith apply to the operation of
3320 quarter horse meetings authorized hereunder, except that all
3321 quarter horse racing permitted hereunder shall be conducted at
3322 night.
3323 Section 41. Paragraph (a) of subsection (6) and subsections
3324 (10) and (13) of section 550.3551, Florida Statutes, are amended
3325 to read:
3326 550.3551 Transmission of racing and jai alai information;
3327 commingling of pari-mutuel pools.—
3328 (6)(a) A maximum of 20 percent of the total number of races
3329 on which wagers are accepted by a greyhound permitholder not
3330 located as specified in s. 550.615(6) may be received from
3331 locations outside this state. A permitholder may not conduct
3332 fewer than eight live races or games on any authorized race day
3333 except as provided in this subsection. A thoroughbred
3334 permitholder may not conduct fewer than eight live races on any
3335 race day without the written approval of the Florida
3336 Thoroughbred Breeders’ Association and the Florida Horsemen’s
3337 Benevolent and Protective Association, Inc., unless it is
3338 determined by the department that another entity represents a
3339 majority of the thoroughbred racehorse owners and trainers in
3340 the state. A harness permitholder may conduct fewer than eight
3341 live races on any authorized race day, except that such
3342 permitholder must conduct a full schedule of live racing during
3343 its race meet consisting of at least eight live races per
3344 authorized race day for at least 100 days. Any harness horse
3345 permitholder that during the preceding racing season conducted a
3346 full schedule of live racing may, at any time during its current
3347 race meet, receive full-card broadcasts of harness horse races
3348 conducted at harness racetracks outside this state at the
3349 harness track of the permitholder and accept wagers on such
3350 harness races. With specific authorization from the department
3351 division for special racing events, a permitholder may conduct
3352 fewer than eight live races or games when the permitholder also
3353 broadcasts out-of-state races or games. The department division
3354 may not grant more than two such exceptions a year for a
3355 permitholder in any 12-month period, and those two exceptions
3356 may not be consecutive.
3357 (10) The department division may adopt rules necessary to
3358 facilitate commingling of pari-mutuel pools, to ensure the
3359 proper calculation of payoffs in circumstances in which
3360 different commission percentages are applicable and to regulate
3361 the distribution of net proceeds between the horse track and, in
3362 this state, the horsemen’s associations.
3363 (13) This section does not prohibit the commingling of
3364 national pari-mutuel pools by a totalisator company that is
3365 licensed under this chapter. Such commingling of national pools
3366 is subject to department division review and approval and must
3367 be performed pursuant to in accordance with rules adopted by the
3368 department division to ensure accurate calculation and
3369 distribution of the pools.
3370 Section 42. Subsections (3), (4), and (5) of section
3371 550.3615, Florida Statutes, are amended to read:
3372 550.3615 Bookmaking on the grounds of a permitholder;
3373 penalties; reinstatement; duties of track employees; penalty;
3374 exceptions.—
3375 (3) Any person who has been convicted of bookmaking in this
3376 state or any other state of the United States or any foreign
3377 country shall be denied admittance to and may shall not attend
3378 any racetrack or fronton in this state during its racing seasons
3379 or operating dates, including any practice or preparational
3380 days, for a period of 2 years after the date of conviction or
3381 the date of final appeal. Following the conclusion of the period
3382 of ineligibility, the department director of the division may
3383 authorize the reinstatement of an individual following a hearing
3384 on readmittance. Any such person who knowingly violates this
3385 subsection commits is guilty of a misdemeanor of the first
3386 degree, punishable as provided in s. 775.082 or s. 775.083.
3387 (4) If the activities of a person show that this law is
3388 being violated, and such activities are either witnessed or are
3389 common knowledge by any track or fronton employee, it is the
3390 duty of that employee to bring the matter to the immediate
3391 attention of the permitholder, manager, or her or his designee,
3392 who shall notify a law enforcement agency having jurisdiction.
3393 Willful failure on the part of any track or fronton employee to
3394 comply with the provisions of this subsection is a ground for
3395 the department division to suspend or revoke that employee’s
3396 license for track or fronton employment.
3397 (5) Each permittee shall display, in conspicuous places at
3398 a track or fronton and in all race and jai alai daily programs,
3399 a warning to all patrons concerning the prohibition and
3400 penalties of bookmaking contained in this section and s. 849.25.
3401 The department division shall adopt rules concerning the uniform
3402 size of all warnings and the number of placements throughout a
3403 track or fronton. Failure on the part of the permittee to
3404 display such warnings may result in the imposition of a $500
3405 fine by the department division for each offense.
3406 Section 43. Subsections (2) and (3) of section 550.375,
3407 Florida Statutes, are amended to read:
3408 550.375 Operation of certain harness tracks.—
3409 (2) Any permittee or licensee authorized under this section
3410 to transfer the location of its permit may conduct harness
3411 racing only between the hours of 7 p.m. and 2 a.m. A permit so
3412 transferred applies only to the locations provided in this
3413 section. The provisions of this chapter which prohibit the
3414 location and operation of a licensed harness track permittee and
3415 licensee within 100 air miles of the location of a racetrack
3416 authorized to conduct racing under this chapter and which
3417 prohibit the department division from granting any permit to a
3418 harness track at a location in the area in which there are three
3419 horse tracks located within 100 air miles thereof do not apply
3420 to a licensed harness track that is required by the terms of
3421 this section to race between the hours of 7 p.m. and 2 a.m.
3422 (3) A permit may not be issued by the department division
3423 for the operation of a harness track within 75 air miles of a
3424 location of a harness track licensed and operating under this
3425 chapter.
3426 Section 44. Section 550.495, Florida Statutes, is amended
3427 to read:
3428 550.495 Totalisator licensing.—
3429 (1) A totalisator may not be operated at a pari-mutuel
3430 facility in this state, or at a facility located in or out of
3431 this state which is used as the primary totalisator for a race
3432 or game conducted in this state, unless the totalisator company
3433 possesses a business license issued by the department division.
3434 (2)(a) Each totalisator company must apply to the
3435 department division for an annual business license. The
3436 application must include such information as the department
3437 division by rule requires.
3438 (b) As a part of its license application, each totalisator
3439 company must agree in writing to pay to the department division
3440 an amount equal to the loss of any state revenues from missed or
3441 canceled races, games, or performances due to acts of the
3442 totalisator company or its agents or employees or failures of
3443 the totalisator system, except for circumstances beyond the
3444 control of the totalisator company or agent or employee, as
3445 determined by the department division.
3446 (c) Each totalisator company must file with the department
3447 division a performance bond, acceptable to the department
3448 division, in the sum of $250,000 issued by a surety approved by
3449 the department division or must file proof of insurance,
3450 acceptable to the department division, against financial loss in
3451 the amount of $250,000, insuring the state against such a
3452 revenue loss.
3453 (d) In the event of a loss of state tax revenues, the
3454 department division shall determine:
3455 1. The estimated revenue lost as a result of missed or
3456 canceled races, games, or performances;
3457 2. The number of races, games, or performances which is
3458 practicable for the permitholder to conduct in an attempt to
3459 mitigate the revenue loss; and
3460 3. The amount of the revenue loss which the makeup races,
3461 games, or performances will not recover and for which the
3462 totalisator company is liable.
3463 (e) Upon the making of such determinations, the department
3464 division shall issue to the totalisator company and to the
3465 affected permitholder an order setting forth the determinations
3466 of the department division.
3467 (f) If the order is contested by either the totalisator
3468 company or any affected permitholder, the provisions of chapter
3469 120 applies apply. If the totalisator company contests the order
3470 on the grounds that the revenue loss was due to circumstances
3471 beyond its control, the totalisator company has the burden of
3472 proving that circumstances vary in fact beyond its control. For
3473 purposes of this paragraph, strikes and acts of God are beyond
3474 the control of the totalisator company.
3475 (g) Upon the failure of the totalisator company to make the
3476 payment found to be due the state, the department division may
3477 cause the forfeiture of the bond or may proceed against the
3478 insurance contract, and the proceeds of the bond or contract
3479 shall be deposited into the Pari-mutuel Wagering Trust Fund. If
3480 that bond was not posted or insurance obtained, the department
3481 division may proceed against any assets of the totalisator
3482 company to collect the amounts due under this subsection.
3483 (3) If the applicant meets the requirements of this section
3484 and department division rules and pays the license fee, the
3485 department division shall issue the license.
3486 (4) Each totalisator company shall conduct operations in
3487 accordance with rules adopted by the department division, in
3488 such form, content, and frequency as the department division by
3489 rule determines.
3490 (5) The department division and its representatives may
3491 enter and inspect any area of the premises of a licensed
3492 totalisator company, and may examine totalisator records, during
3493 the licensee’s regular business or operating hours.
3494 Section 45. Section 550.505, Florida Statutes, is amended
3495 to read:
3496 550.505 Nonwagering permits.—
3497 (1)(a) Except as provided in this section, permits and
3498 licenses issued by the department division are intended to be
3499 used for pari-mutuel wagering operations in conjunction with
3500 horseraces, dograces, or jai alai performances.
3501 (b) Subject to the requirements of this section, the
3502 department may division is authorized to issue permits for the
3503 conduct of horseracing meets without pari-mutuel wagering or any
3504 other form of wagering being conducted in conjunction therewith.
3505 Such permits shall be known as nonwagering permits and may be
3506 issued only for horseracing meets. A horseracing permitholder
3507 need not obtain an additional permit from the department
3508 division for conducting nonwagering racing under this section,
3509 but must apply to the department division for the issuance of a
3510 license under this section. The holder of a nonwagering permit
3511 is prohibited from conducting pari-mutuel wagering or any other
3512 form of wagering in conjunction with racing conducted under the
3513 permit. Nothing in This subsection does not prohibit prohibits
3514 horseracing for any stake, purse, prize, or premium.
3515 (c) The holder of a nonwagering permit is exempt from the
3516 provisions of s. 550.105 and is exempt from the imposition of
3517 daily license fees and admission tax.
3518 (2)(a) Any person not prohibited from holding any type of
3519 pari-mutuel permit under s. 550.1815 may shall be allowed to
3520 apply to the department division for a nonwagering permit. The
3521 applicant must demonstrate that the location or locations where
3522 the nonwagering permit will be used are available for such use
3523 and that the applicant has the financial ability to satisfy the
3524 reasonably anticipated operational expenses of the first racing
3525 year following final issuance of the nonwagering permit. If the
3526 racing facility is already built, the application must contain a
3527 statement, with reasonable supporting evidence, that the
3528 nonwagering permit will be used for horseracing within 1 year
3529 after the date on which it is granted. If the facility is not
3530 already built, the application must contain a statement, with
3531 reasonable supporting evidence, that substantial construction
3532 will be started within 1 year after the issuance of the
3533 nonwagering permit.
3534 (b) The department division may conduct an eligibility
3535 investigation to determine if the applicant meets the
3536 requirements of paragraph (a).
3537 (3)(a) Upon receipt of a nonwagering permit, the
3538 permitholder must apply to the department division before June 1
3539 of each year for an annual nonwagering license for the next
3540 succeeding calendar year. Such application must set forth the
3541 days and locations at which the permitholder will conduct
3542 nonwagering horseracing and must indicate any changes in
3543 ownership or management of the permitholder occurring since the
3544 date of application for the prior license.
3545 (b) On or before August 1 of each year, the department
3546 division shall issue a license authorizing the nonwagering
3547 permitholder to conduct nonwagering horseracing during the
3548 succeeding calendar year during the period and for the number of
3549 days set forth in the application, subject to all other
3550 provisions of this section.
3551 (c) The department division may conduct an eligibility
3552 investigation to determine the qualifications of any new
3553 ownership or management interest in the permit.
3554 (4) Upon the approval of racing dates by the department
3555 division, the department division shall issue an annual
3556 nonwagering license to the nonwagering permitholder.
3557 (5) Only horses registered with an established breed
3558 registration organization, which organization shall be approved
3559 by the department division, shall be raced at any race meeting
3560 authorized by this section.
3561 (6) The department division may order any person
3562 participating in a nonwagering meet to cease and desist from
3563 participating in such meet if the department division determines
3564 the person to be not of good moral character in accordance with
3565 s. 550.1815. The department division may order the operators of
3566 a nonwagering meet to cease and desist from operating the meet
3567 if the department division determines the meet is being operated
3568 for any illegal purpose.
3569 Section 46. Subsection (1) of section 550.5251, Florida
3570 Statutes, is amended to read:
3571 550.5251 Florida thoroughbred racing; certain permits;
3572 operating days.—
3573 (1) Each thoroughbred permitholder shall annually, during
3574 the period commencing December 15 of each year and ending
3575 January 4 of the following year, file in writing with the
3576 department division its application to conduct one or more
3577 thoroughbred racing meetings during the thoroughbred racing
3578 season commencing on the following July 1. Each application
3579 shall specify the number and dates of all performances that the
3580 permitholder intends to conduct during that thoroughbred racing
3581 season. On or before March 15 of each year, the department
3582 division shall issue a license authorizing each permitholder to
3583 conduct performances on the dates specified in its application.
3584 Up to February 28 of each year, each permitholder may request
3585 and shall be granted changes in its authorized performances; but
3586 thereafter, as a condition precedent to the validity of its
3587 license and its right to retain its permit, each permitholder
3588 must operate the full number of days authorized on each of the
3589 dates set forth in its license.
3590 Section 47. Subsection (3) of section 550.625, Florida
3591 Statutes, is amended to read:
3592 550.625 Intertrack wagering; purses; breeders’ awards.—If a
3593 host track is a horse track:
3594 (3) The payment to a breeders’ organization shall be
3595 combined with any other amounts received by the respective
3596 breeders’ and owners’ associations as so designated. Each
3597 breeders’ and owners’ association receiving these funds shall be
3598 allowed to withhold the same percentage as set forth in s.
3599 550.2625 to be used for administering the payment of awards and
3600 for the general promotion of their respective industries. If the
3601 total combined amount received for thoroughbred breeders’ awards
3602 exceeds 15 percent of the purse required to be paid under
3603 subsection (1), the breeders’ and owners’ association, as so
3604 designated, notwithstanding any other provision of law, shall
3605 submit a plan to the department division for approval which
3606 would use the excess funds in promoting the breeding industry by
3607 increasing the purse structure for Florida-breds. Preference
3608 shall be given to the track generating such excess.
3609 Section 48. Subsection (5) and paragraph (g) of subsection
3610 (9) of section 550.6305, Florida Statutes, are amended to read:
3611 550.6305 Intertrack wagering; guest track payments;
3612 accounting rules.—
3613 (5) The department division shall adopt rules providing an
3614 expedient accounting procedure for the transfer of the pari
3615 mutuel pool in order to properly account for payment of state
3616 taxes, payment to the guest track, payment to the host track,
3617 payment of purses, payment to breeders’ associations, payment to
3618 horsemen’s associations, and payment to the public.
3619 (9) A host track that has contracted with an out-of-state
3620 horse track to broadcast live races conducted at such out-of
3621 state horse track pursuant to s. 550.3551(5) may broadcast such
3622 out-of-state races to any guest track and accept wagers thereon
3623 in the same manner as is provided in s. 550.3551.
3624 (g)1. Any thoroughbred permitholder which accepts wagers on
3625 a simulcast signal must make the signal available to any
3626 permitholder that is eligible to conduct intertrack wagering
3627 under the provisions of ss. 550.615-550.6345.
3628 2. Any thoroughbred permitholder which accepts wagers on a
3629 simulcast signal received after 6 p.m. must make such signal
3630 available to any permitholder that is eligible to conduct
3631 intertrack wagering under the provisions of ss. 550.615
3632 550.6345, including any permitholder located as specified in s.
3633 550.615(6). Such guest permitholders are authorized to accept
3634 wagers on such simulcast signal, notwithstanding any other
3635 provision of this chapter to the contrary.
3636 3. Any thoroughbred permitholder which accepts wagers on a
3637 simulcast signal received after 6 p.m. must make such signal
3638 available to any permitholder that is eligible to conduct
3639 intertrack wagering under the provisions of ss. 550.615
3640 550.6345, including any permitholder located as specified in s.
3641 550.615(9). Such guest permitholders are authorized to accept
3642 wagers on such simulcast signals for a number of performances
3643 not to exceed that which constitutes a full schedule of live
3644 races for a quarter horse permitholder pursuant to s.
3645 550.002(10)(11), notwithstanding any other provision of this
3646 chapter to the contrary, except that the restrictions provided
3647 in s. 550.615(9)(a) apply to wagers on such simulcast signals.
3648
3649 No thoroughbred permitholder shall be required to continue to
3650 rebroadcast a simulcast signal to any in-state permitholder if
3651 the average per performance gross receipts returned to the host
3652 permitholder over the preceding 30-day period were less than
3653 $100. Subject to the provisions of s. 550.615(4), as a condition
3654 of receiving rebroadcasts of thoroughbred simulcast signals
3655 under this paragraph, a guest permitholder must accept
3656 intertrack wagers on all live races conducted by all then
3657 operating thoroughbred permitholders.
3658 Section 49. Subsections (1) and (2) of section 550.6308,
3659 Florida Statutes, are amended to read:
3660 550.6308 Limited intertrack wagering license.—In
3661 recognition of the economic importance of the thoroughbred
3662 breeding industry to this state, its positive impact on tourism,
3663 and of the importance of a permanent thoroughbred sales facility
3664 as a key focal point for the activities of the industry, a
3665 limited license to conduct intertrack wagering is established to
3666 ensure the continued viability and public interest in
3667 thoroughbred breeding in Florida.
3668 (1) Upon application to the department division on or
3669 before January 31 of each year, any person that is licensed to
3670 conduct public sales of thoroughbred horses pursuant to s.
3671 535.01, that has conducted at least 15 days of thoroughbred
3672 horse sales at a permanent sales facility in this state for at
3673 least 3 consecutive years, and that has conducted at least 1 day
3674 of nonwagering thoroughbred racing in this state, with a purse
3675 structure of at least $250,000 per year for 2 consecutive years
3676 before such application, shall be issued a license, subject to
3677 the conditions set forth in this section, to conduct intertrack
3678 wagering at such a permanent sales facility during the following
3679 periods:
3680 (a) Up to 21 days in connection with thoroughbred sales;
3681 (b) Between November 1 and May 8;
3682 (c) Between May 9 and October 31 at such times and on such
3683 days as any thoroughbred, jai alai, or a greyhound permitholder
3684 in the same county is not conducting live performances; provided
3685 that any such permitholder may waive this requirement, in whole
3686 or in part, and allow the licensee under this section to conduct
3687 intertrack wagering during one or more of the permitholder’s
3688 live performances; and
3689 (d) During the weekend of the Kentucky Derby, the
3690 Preakness, the Belmont, and a Breeders’ Cup Meet that is
3691 conducted before November 1 and after May 8.
3692
3693 No more than one such license may be issued, and no such license
3694 may be issued for a facility located within 50 miles of any
3695 thoroughbred permitholder’s track.
3696 (2) If more than one application is submitted for such
3697 license, the department division shall determine which applicant
3698 shall be granted the license. In making its determination, the
3699 department division shall grant the license to the applicant
3700 demonstrating superior capabilities, as measured by the length
3701 of time the applicant has been conducting thoroughbred sales
3702 within this state or elsewhere, the applicant’s total volume of
3703 thoroughbred horse sales, within this state or elsewhere, the
3704 length of time the applicant has maintained a permanent
3705 thoroughbred sales facility in this state, and the quality of
3706 the facility.
3707 Section 50. Subsection (2) of section 550.70, Florida
3708 Statutes, is amended to read:
3709 550.70 Jai alai general provisions; chief court judges
3710 required; extension of time to construct fronton; amateur jai
3711 alai contests permitted under certain conditions; playing days’
3712 limitations; locking of pari-mutuel machines.—
3713 (2) The time within which the holder of a ratified permit
3714 for jai alai or pelota has to construct and complete a fronton
3715 may be extended by the department division for a period of 24
3716 months after the date of the issuance of the permit, anything to
3717 the contrary in any statute notwithstanding.
3718 Section 51. Subsection (3) of section 550.902, Florida
3719 Statutes, is amended to read:
3720 550.902 Purposes.—The purposes of this compact are to:
3721 (3) Authorize the Department of Gaming Control Business and
3722 Professional Regulation to participate in this compact.
3723 Section 52. Subsection (1) of section 550.907, Florida
3724 Statutes, is amended to read:
3725 550.907 Compact committee.—
3726 (1) There is created an interstate governmental entity to
3727 be known as the “compact committee,” which shall be composed of
3728 one official from the racing commission, or the equivalent
3729 thereof, in each party state who shall be appointed, serve, and
3730 be subject to removal in accordance with the laws of the party
3731 state that she or he represents. The official from Florida shall
3732 be appointed by the Gaming Commission Secretary of Business and
3733 Professional Regulation. Pursuant to the laws of her or his
3734 party state, each official shall have the assistance of her or
3735 his state’s racing commission, or the equivalent thereof, in
3736 considering issues related to licensing of participants in pari
3737 mutuel wagering and in fulfilling her or his responsibilities as
3738 the representative from her or his state to the compact
3739 committee.
3740 Section 53. Subsections (1), (3), (10), and (11) of section
3741 551.102, Florida Statutes, are amended, present subsection (1)
3742 of that section is renumbered as subsection (3), and a new
3743 subsection (1) is added to that section, to read:
3744 551.102 Definitions.—As used in this chapter, the term:
3745 (1) “Department” means the Department of Gaming Control.
3746 (3)(1) “Distributor” means any person who sells, leases, or
3747 offers or otherwise provides, distributes, or services any slot
3748 machine or associated equipment for use or play of slot machines
3749 in this state. A manufacturer may be a distributor within the
3750 state.
3751 (3) “Division” means the Division of Pari-mutuel Wagering
3752 of the Department of Business and Professional Regulation.
3753 (10) “Slot machine license” means a license issued by the
3754 department division authorizing a pari-mutuel permitholder to
3755 place and operate slot machines as provided by s. 23, Art. X of
3756 the State Constitution, the provisions of this chapter, and
3757 department division rules.
3758 (11) “Slot machine licensee” means a pari-mutuel
3759 permitholder who holds a license issued by the department
3760 division pursuant to this chapter which that authorizes such
3761 person to possess a slot machine within facilities specified in
3762 s. 23, Art. X of the State Constitution and allows slot machine
3763 gaming.
3764 Section 54. Section 551.103, Florida Statutes, is amended
3765 to read:
3766 551.103 Powers and duties of the department division and
3767 law enforcement.—
3768 (1) The department division shall adopt, pursuant to the
3769 provisions of ss. 120.536(1) and 120.54, all rules necessary to
3770 implement, administer, and regulate slot machine gaming as
3771 authorized in this chapter. Such rules must include:
3772 (a) Procedures for applying for a slot machine license and
3773 renewal of a slot machine license.
3774 (b) Technical requirements and the qualifications contained
3775 in this chapter which that are necessary to receive a slot
3776 machine license or slot machine occupational license.
3777 (c) Procedures to scientifically test and technically
3778 evaluate slot machines for compliance with this chapter. The
3779 department division may contract with an independent testing
3780 laboratory to conduct any necessary testing under this section.
3781 The independent testing laboratory must have a national
3782 reputation and be which is demonstrably competent and qualified
3783 to scientifically test and evaluate slot machines for compliance
3784 with this chapter and to otherwise perform the functions
3785 assigned to it in this chapter. An independent testing
3786 laboratory may shall not be owned or controlled by a licensee.
3787 The use of an independent testing laboratory for any purpose
3788 related to the conduct of slot machine gaming by a licensee
3789 under this chapter must shall be made from a list of one or more
3790 laboratories approved by the department division.
3791 (d) Procedures relating to slot machine revenues, including
3792 verifying and accounting for such revenues, auditing, and
3793 collecting taxes and fees consistent with this chapter.
3794 (e) Procedures for regulating, managing, and auditing the
3795 operation, financial data, and program information relating to
3796 slot machine gaming which that allow the department division and
3797 the Department of Law Enforcement to audit the operation,
3798 financial data, and program information of a slot machine
3799 licensee, as required by the department division or the
3800 Department of Law Enforcement, and provide the department
3801 division and the Department of Law Enforcement with the ability
3802 to monitor, at any time on a real-time basis, wagering patterns,
3803 payouts, tax collection, and compliance with any rules adopted
3804 by the department division for the regulation and control of
3805 slot machines operated under this chapter. Such continuous and
3806 complete access, at any time on a real-time basis, shall include
3807 the ability of either the department division or the Department
3808 of Law Enforcement to suspend play immediately on particular
3809 slot machines if monitoring of the facilities-based computer
3810 system indicates possible tampering or manipulation of those
3811 slot machines or the ability to suspend play immediately of the
3812 entire operation if the tampering or manipulation is of the
3813 computer system itself. The department division shall notify the
3814 Department of Law Enforcement or the Department of Law
3815 Enforcement shall notify the division, as appropriate, whenever
3816 there is a suspension of play under this paragraph. The
3817 department division and the Department of Law Enforcement shall
3818 exchange such information necessary for and cooperate in the
3819 investigation of the circumstances requiring suspension of play
3820 under this paragraph.
3821 (f) Procedures for requiring each licensee at his or her
3822 own cost and expense to supply the department division with a
3823 bond having the penal sum of $2 million payable to the Governor
3824 and his or her successors in office for each year of the
3825 licensee’s slot machine operations. Any bond shall be issued by
3826 a surety or sureties approved by the department division and the
3827 Chief Financial Officer, conditioned to faithfully make the
3828 payments to the Chief Financial Officer in his or her capacity
3829 as treasurer of the department division. The licensee shall be
3830 required to keep its books and records and make reports as
3831 provided in this chapter and to conduct its slot machine
3832 operations in conformity with this chapter and all other
3833 provisions of law. Such bond shall be separate and distinct from
3834 the bond required in s. 550.125.
3835 (g) Procedures for requiring licensees to maintain
3836 specified records and submit any data, information, record, or
3837 report, including financial and income records, required by this
3838 chapter or determined by the department division to be necessary
3839 to the proper implementation and enforcement of this chapter.
3840 (h) A requirement that the payout percentage of a slot
3841 machine be no less than 85 percent.
3842 (i) Minimum standards for security of the facilities,
3843 including floor plans, security cameras, and other security
3844 equipment.
3845 (j) Procedures for requiring slot machine licensees to
3846 implement and establish drug-testing programs for all slot
3847 machine occupational licensees.
3848 (2) The department division shall conduct such
3849 investigations necessary to fulfill its responsibilities under
3850 the provisions of this chapter.
3851 (3) The Department of Law Enforcement and local law
3852 enforcement agencies shall have concurrent jurisdiction to
3853 investigate criminal violations of this chapter and may
3854 investigate any other criminal violation of law occurring at the
3855 facilities of a slot machine licensee, and such investigations
3856 may be conducted in conjunction with the appropriate state
3857 attorney.
3858 (4)(a) The department division, the Department of Law
3859 Enforcement, and local law enforcement agencies shall have
3860 unrestricted access to the slot machine licensee’s facility at
3861 all times and shall require of each slot machine licensee strict
3862 compliance with the laws of this state relating to the
3863 transaction of such business. The department division, the
3864 Department of Law Enforcement, and local law enforcement
3865 agencies may:
3866 1. Inspect and examine premises where slot machines are
3867 offered for play.
3868 2. Inspect slot machines and related equipment and
3869 supplies.
3870 (b) In addition, the department division may:
3871 1. Collect taxes, assessments, fees, and penalties.
3872 2. Deny, revoke, suspend, or place conditions on the
3873 license of a person who violates any provision of this chapter
3874 or rule adopted pursuant thereto.
3875 (5) The department division shall revoke or suspend the
3876 license of any person who is no longer qualified or who is
3877 found, after receiving a license, to have been unqualified at
3878 the time of application for the license.
3879 (6) This section does not:
3880 (a) Prohibit the Department of Law Enforcement or any law
3881 enforcement authority whose jurisdiction includes a licensed
3882 facility from conducting investigations of criminal activities
3883 occurring at the facility of the slot machine licensee;
3884 (b) Restrict access to the slot machine licensee’s facility
3885 by the Department of Law Enforcement or any local law
3886 enforcement authority whose jurisdiction includes the slot
3887 machine licensee’s facility; or
3888 (c) Restrict access by the Department of Law Enforcement or
3889 local law enforcement authorities to information and records
3890 necessary to the investigation of criminal activity which that
3891 are contained within the slot machine licensee’s facility.
3892 Section 55. Section 551.104, Florida Statutes, is amended
3893 to read:
3894 551.104 License to conduct slot machine gaming.—
3895 (1) Upon application and a finding by the department
3896 division after investigation that the application is complete
3897 and the applicant is qualified and payment of the initial
3898 license fee, the department division may issue a license to
3899 conduct slot machine gaming in the designated slot machine
3900 gaming area of the eligible facility. Once licensed, slot
3901 machine gaming may be conducted subject to the requirements of
3902 this chapter and rules adopted pursuant thereto.
3903 (2) An application may be approved by the department
3904 division only after the voters of the county where the
3905 applicant’s facility is located have authorized by referendum
3906 slot machines within pari-mutuel facilities in that county as
3907 specified in s. 23, Art. X of the State Constitution.
3908 (3) A slot machine license may be issued only to a licensed
3909 pari-mutuel permitholder, and slot machine gaming may be
3910 conducted only at the eligible facility at which the
3911 permitholder is authorized under its valid pari-mutuel wagering
3912 permit to conduct pari-mutuel wagering activities.
3913 (4) As a condition of licensure and to maintain continued
3914 authority for the conduct of slot machine gaming, the slot
3915 machine licensee shall:
3916 (a) Continue to be in compliance with this chapter.
3917 (b) Continue to be in compliance with chapter 550, where
3918 applicable, and maintain the pari-mutuel permit and license in
3919 good standing pursuant to the provisions of chapter 550.
3920 Notwithstanding any contrary provision of law and in order to
3921 expedite the operation of slot machines at eligible facilities,
3922 any eligible facility shall be entitled within 60 days after the
3923 effective date of this act to amend its 2006-2007 pari-mutuel
3924 wagering operating license issued by the division under ss.
3925 550.0115 and 550.01215. The division shall issue a new license
3926 to the eligible facility to effectuate any approved change.
3927 (c) Conduct no fewer than a full schedule of live racing or
3928 games as defined in s. 550.002(10)(11). A permitholder’s
3929 responsibility to conduct such number of live races or games
3930 shall be reduced by the number of races or games that could not
3931 be conducted due to the direct result of fire, war, hurricane,
3932 or other disaster or event beyond the control of the
3933 permitholder.
3934 (d) Upon approval of any changes relating to the pari
3935 mutuel permit by the department division, be responsible for
3936 providing appropriate current and accurate documentation on a
3937 timely basis to the department division in order to continue the
3938 slot machine license in good standing. Changes in ownership or
3939 interest of a slot machine license of 5 percent or more of the
3940 stock or other evidence of ownership or equity in the slot
3941 machine license or any parent corporation or other business
3942 entity that in any way owns or controls the slot machine license
3943 shall be approved by the department division prior to such
3944 change, unless the owner is an existing holder of that license
3945 who was previously approved by the department division. Changes
3946 in ownership or interest of a slot machine license of less than
3947 5 percent, unless such change results in a cumulative total of 5
3948 percent or more, shall be reported to the department division
3949 within 20 days after the change. The department division may
3950 then conduct an investigation to ensure that the license is
3951 properly updated to show the change in ownership or interest. No
3952 reporting is required if the person is holding 5 percent or less
3953 equity or securities of a corporate owner of the slot machine
3954 licensee that has its securities registered pursuant to s. 12 of
3955 the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and
3956 if such corporation or entity files with the United States
3957 Securities and Exchange Commission the reports required by s. 13
3958 of that act or if the securities of the corporation or entity
3959 are regularly traded on an established securities market in the
3960 United States. A change in ownership or interest of less than 5
3961 percent which results in a cumulative ownership or interest of 5
3962 percent or more must shall be approved by the department before
3963 division prior to such change unless the owner is an existing
3964 holder of the license who was previously approved by the
3965 department division.
3966 (e) Allow the department division and the Department of Law
3967 Enforcement unrestricted access to and right of inspection of
3968 facilities of a slot machine licensee in which any activity
3969 relative to the conduct of slot machine gaming is conducted.
3970 (f) Ensure that the facilities-based computer system that
3971 the licensee will use for operational and accounting functions
3972 of the slot machine facility is specifically structured to
3973 facilitate regulatory oversight. The facilities-based computer
3974 system shall be designed to provide the department division and
3975 the Department of Law Enforcement with the ability to monitor,
3976 at any time on a real-time basis, the wagering patterns,
3977 payouts, tax collection, and such other operations as necessary
3978 to determine whether the facility is in compliance with
3979 statutory provisions and rules adopted by the department
3980 division for the regulation and control of slot machine gaming.
3981 The department division and the Department of Law Enforcement
3982 shall have complete and continuous access to this system. Such
3983 access shall include the ability of either the department
3984 division or the Department of Law Enforcement to suspend play
3985 immediately on particular slot machines if monitoring of the
3986 system indicates possible tampering or manipulation of those
3987 slot machines or the ability to suspend play immediately of the
3988 entire operation if the tampering or manipulation is of the
3989 computer system itself. The computer system shall be reviewed
3990 and approved by the department division to ensure necessary
3991 access, security, and functionality. The department division may
3992 adopt rules to provide for the approval process.
3993 (g) Ensure that each slot machine is protected from
3994 manipulation or tampering to affect the random probabilities of
3995 winning plays. The department division or the Department of Law
3996 Enforcement may shall have the authority to suspend play upon
3997 reasonable suspicion of any manipulation or tampering. When play
3998 has been suspended on any slot machine, the department division
3999 or the Department of Law Enforcement may examine any slot
4000 machine to determine whether the machine has been tampered with
4001 or manipulated and whether the machine should be returned to
4002 operation.
4003 (h) Submit a security plan, including the facilities’ floor
4004 plan, the locations of security cameras, and a listing of all
4005 security equipment that is capable of observing and
4006 electronically recording activities being conducted in the
4007 facilities of the slot machine licensee. The security plan must
4008 meet the minimum security requirements as determined by the
4009 department division under s. 551.103(1)(i) and be implemented
4010 prior to operation of slot machine gaming. The slot machine
4011 licensee’s facilities must adhere to the security plan at all
4012 times. Any changes to the security plan must be submitted by the
4013 licensee to the department before division prior to
4014 implementation. The department division shall furnish copies of
4015 the security plan and changes in the plan to the Department of
4016 Law Enforcement.
4017 (i) Create and file with the department division a written
4018 policy for:
4019 1. Creating opportunities to purchase from vendors in this
4020 state, including minority vendors.
4021 2. Creating opportunities for employment of residents of
4022 this state, including minority residents.
4023 3. Ensuring opportunities for construction services from
4024 minority contractors.
4025 4. Ensuring that opportunities for employment are offered
4026 on an equal, nondiscriminatory basis.
4027 5. Training for employees on responsible gaming and working
4028 with a compulsive or addictive gambling prevention program to
4029 further its purposes as provided for in s. 551.118.
4030 6. The implementation of a drug-testing program that
4031 includes, but is not limited to, requiring each employee to sign
4032 an agreement that he or she understands that the slot machine
4033 facility is a drug-free workplace.
4034
4035 The slot machine licensee shall use the Internet-based job
4036 listing system of the Agency for Workforce Innovation in
4037 advertising employment opportunities. Beginning in June 2007,
4038 Each slot machine licensee shall provide an annual report to the
4039 department division containing information indicating compliance
4040 with this paragraph in regard to minority persons.
4041 (j) Ensure that the payout percentage of a slot machine
4042 gaming facility is at least 85 percent.
4043 (5) A slot machine license is not transferable.
4044 (6) A slot machine licensee shall keep and maintain
4045 permanent daily records of its slot machine operation and shall
4046 maintain such records for a period of not less than 5 years.
4047 These records must include all financial transactions and
4048 contain sufficient detail to determine compliance with the
4049 requirements of this chapter. All records shall be available for
4050 audit and inspection by the department division, the Department
4051 of Law Enforcement, or other law enforcement agencies during the
4052 licensee’s regular business hours.
4053 (7) A slot machine licensee shall file with the department
4054 division a monthly report containing the required records of
4055 such slot machine operation. The required reports shall be
4056 submitted on forms prescribed by the department division and
4057 shall be due at the same time as the monthly pari-mutuel reports
4058 are due to the department division, and the reports shall be
4059 deemed public records once filed.
4060 (8) A slot machine licensee shall file with the department
4061 division an audit of the receipt and distribution of all slot
4062 machine revenues provided by an independent certified public
4063 accountant verifying compliance with all financial and auditing
4064 provisions of this chapter and the associated rules adopted
4065 under this chapter. The audit must include verification of
4066 compliance with all statutes and rules regarding all required
4067 records of slot machine operations. Such audit shall be filed
4068 within 60 days after the completion of the permitholder’s pari
4069 mutuel meet.
4070 (9) The department division may share any information with
4071 the Department of Law Enforcement, any other law enforcement
4072 agency having jurisdiction over slot machine gaming or pari
4073 mutuel activities, or any other state or federal law enforcement
4074 agency the department division or the Department of Law
4075 Enforcement deems appropriate. Any law enforcement agency having
4076 jurisdiction over slot machine gaming or pari-mutuel activities
4077 may share any information obtained or developed by it with the
4078 department division.
4079 (10)(a)1. No slot machine license or renewal thereof shall
4080 be issued to an applicant holding a permit under chapter 550 to
4081 conduct pari-mutuel wagering meets of thoroughbred racing unless
4082 the applicant has on file with the department division a binding
4083 written agreement between the applicant and the Florida
4084 Horsemen’s Benevolent and Protective Association, Inc.,
4085 governing the payment of purses on live thoroughbred races
4086 conducted at the licensee’s pari-mutuel facility. In addition,
4087 no slot machine license or renewal thereof shall be issued to
4088 such an applicant unless the applicant has on file with the
4089 department division a binding written agreement between the
4090 applicant and the Florida Thoroughbred Breeders’ Association,
4091 Inc., governing the payment of breeders’, stallion, and special
4092 racing awards on live thoroughbred races conducted at the
4093 licensee’s pari-mutuel facility. The agreement governing purses
4094 and the agreement governing awards may direct the payment of
4095 such purses and awards from revenues generated by any wagering
4096 or gaming the applicant is authorized to conduct under Florida
4097 law. All purses and awards shall be subject to the terms of
4098 chapter 550. All sums for breeders’, stallion, and special
4099 racing awards shall be remitted monthly to the Florida
4100 Thoroughbred Breeders’ Association, Inc., for the payment of
4101 awards subject to the administrative fee authorized in s.
4102 550.2625(3).
4103 2. No slot machine license or renewal thereof shall be
4104 issued to an applicant holding a permit under chapter 550 to
4105 conduct pari-mutuel wagering meets of quarter horse racing
4106 unless the applicant has on file with the department division a
4107 binding written agreement between the applicant and the Florida
4108 Quarter Horse Racing Association or the association representing
4109 a majority of the horse owners and trainers at the applicant’s
4110 eligible facility, governing the payment of purses on live
4111 quarter horse races conducted at the licensee’s pari-mutuel
4112 facility. The agreement governing purses may direct the payment
4113 of such purses from revenues generated by any wagering or gaming
4114 the applicant is authorized to conduct under Florida law. All
4115 purses are shall be subject to the terms of chapter 550.
4116 (b) The department division shall suspend a slot machine
4117 license if one or more of the agreements required under
4118 paragraph (a) are terminated or otherwise cease to operate or if
4119 the department division determines that the licensee is
4120 materially failing to comply with the terms of such an
4121 agreement. Any such suspension shall take place in accordance
4122 with chapter 120.
4123 (c)1. If an agreement required under paragraph (a) cannot
4124 be reached before prior to the initial issuance of the slot
4125 machine license, either party may request arbitration or, in the
4126 case of a renewal, if an agreement required under paragraph (a)
4127 is not in place 120 days prior to the scheduled expiration date
4128 of the slot machine license, the applicant shall immediately ask
4129 the American Arbitration Association to furnish a list of 11
4130 arbitrators, each of whom shall have at least 5 years of
4131 commercial arbitration experience and no financial interest in
4132 or prior relationship with any of the parties or their
4133 affiliated or related entities or principals. Each required
4134 party to the agreement shall select a single arbitrator from the
4135 list provided by the American Arbitration Association within 10
4136 days of receipt, and the individuals so selected shall choose
4137 one additional arbitrator from the list within the next 10 days.
4138 2. If an agreement required under paragraph (a) is not in
4139 place 60 days after the request under subparagraph 1. in the
4140 case of an initial slot machine license or, in the case of a
4141 renewal, 60 days before prior to the scheduled expiration date
4142 of the slot machine license, the matter shall be immediately
4143 submitted to mandatory binding arbitration to resolve the
4144 disagreement between the parties. The three arbitrators selected
4145 pursuant to subparagraph 1. shall constitute the panel that
4146 shall arbitrate the dispute between the parties pursuant to the
4147 American Arbitration Association Commercial Arbitration Rules
4148 and chapter 682.
4149 3. At the conclusion of the proceedings, which shall be no
4150 later than 90 days after the request under subparagraph 1. in
4151 the case of an initial slot machine license or, in the case of a
4152 renewal, 30 days before prior to the scheduled expiration date
4153 of the slot machine license, the arbitration panel shall present
4154 to the parties a proposed agreement that the majority of the
4155 panel believes equitably balances the rights, interests,
4156 obligations, and reasonable expectations of the parties. The
4157 parties shall immediately enter into such agreement, which shall
4158 satisfy the requirements of paragraph (a) and permit issuance of
4159 the pending annual slot machine license or renewal. The
4160 agreement produced by the arbitration panel under this
4161 subparagraph shall be effective until the last day of the
4162 license or renewal period or until the parties enter into a
4163 different agreement. Each party shall pay its respective costs
4164 of arbitration and shall pay one-half of the costs of the
4165 arbitration panel, unless the parties otherwise agree. If the
4166 agreement produced by the arbitration panel under this
4167 subparagraph remains in place 120 days prior to the scheduled
4168 issuance of the next annual license renewal, then the
4169 arbitration process established in this paragraph will begin
4170 again.
4171 4. If In the event that neither of the agreements required
4172 under subparagraph (a)1. or the agreement required under
4173 subparagraph (a)2. are not in place by the deadlines established
4174 in this paragraph, arbitration regarding each agreement shall
4175 will proceed independently, with separate lists of arbitrators,
4176 arbitration panels, arbitration proceedings, and resulting
4177 agreements.
4178 5. With respect to the agreements required under paragraph
4179 (a) governing the payment of purses, the arbitration and
4180 resulting agreement called for under this paragraph shall be
4181 limited to the payment of purses from slot machine revenues
4182 only.
4183 (d) If any provision of this subsection or its application
4184 to any person or circumstance is held invalid, the invalidity
4185 does not affect other provisions or applications of this
4186 subsection or chapter which can be given effect without the
4187 invalid provision or application, and to this end the provisions
4188 of this subsection are severable.
4189 Section 56. Section 551.1045, Florida Statutes, is amended
4190 to read:
4191 551.1045 Temporary licenses.—
4192 (1) Notwithstanding any provision of s. 120.60 to the
4193 contrary, the department division may issue a temporary
4194 occupational license upon the receipt of a complete application
4195 from the applicant and a determination that the applicant has
4196 not been convicted of or had adjudication withheld on any
4197 disqualifying criminal offense. The temporary occupational
4198 license remains valid until such time as the department division
4199 grants an occupational license or notifies the applicant of its
4200 intended decision to deny the applicant a license pursuant to
4201 the provisions of s. 120.60. The department division shall adopt
4202 rules to administer this subsection. However, not more than one
4203 temporary license may be issued for any person in any year.
4204 (2) A temporary license issued under this section is
4205 nontransferable.
4206 Section 57. Subsection (3) of section 551.105, Florida
4207 Statutes, is amended to read:
4208 551.105 Slot machine license renewal.—
4209 (3) Upon determination by the department division that the
4210 application for renewal is complete and qualifications have been
4211 met, including payment of the renewal fee, the slot machine
4212 license shall be renewed annually.
4213 Section 58. Section 551.106, Florida Statutes, is amended
4214 to read:
4215 551.106 License fee; tax rate; penalties.—
4216 (1) LICENSE FEE.—
4217 (a) Upon submission of the initial application for a slot
4218 machine license and annually thereafter, on the anniversary date
4219 of the issuance of the initial license, the licensee must pay to
4220 the department division a nonrefundable license fee of $3
4221 million for the succeeding 12 months of licensure. In the 2010
4222 2011 fiscal year, the licensee must pay the department division
4223 a nonrefundable license fee of $2.5 million for the succeeding
4224 12 months of licensure. In the 2011-2012 fiscal year and for
4225 every fiscal year thereafter, the licensee must pay the
4226 department division a nonrefundable license fee of $2 million
4227 for the succeeding 12 months of licensure. The license fee shall
4228 be deposited into the Pari-mutuel Wagering Trust Fund of the
4229 Department of Business and Professional Regulation to be used by
4230 the department division and the Department of Law Enforcement
4231 for investigations, regulation of slot machine gaming, and
4232 enforcement of slot machine gaming provisions under this
4233 chapter. These payments shall be accounted for separately from
4234 taxes or fees paid pursuant to the provisions of chapter 550.
4235 (b) Prior to January 1, 2007, the division shall evaluate
4236 the license fee and shall make recommendations to the President
4237 of the Senate and the Speaker of the House of Representatives
4238 regarding the optimum level of slot machine license fees in
4239 order to adequately support the slot machine regulatory program.
4240 (2) TAX ON SLOT MACHINE REVENUES.—
4241 (a) The tax rate on slot machine revenues at each facility
4242 shall be 35 percent. If, during any state fiscal year, the
4243 aggregate amount of tax paid to the state by all slot machine
4244 licensees in Broward and Miami-Dade Counties is less than the
4245 aggregate amount of tax paid to the state by all slot machine
4246 licensees in the 2008-2009 fiscal year, each slot machine
4247 licensee shall pay to the state within 45 days after the end of
4248 the state fiscal year a surcharge equal to its pro rata share of
4249 an amount equal to the difference between the aggregate amount
4250 of tax paid to the state by all slot machine licensees in the
4251 2008-2009 fiscal year and the amount of tax paid during the
4252 fiscal year. Each licensee’s pro rata share shall be an amount
4253 determined by dividing the number 1 by the number of facilities
4254 licensed to operate slot machines during the applicable fiscal
4255 year, regardless of whether the facility is operating such
4256 machines.
4257 (b) The slot machine revenue tax imposed by this section
4258 shall be paid to the department division for deposit into the
4259 Pari-mutuel Wagering Trust Fund for immediate transfer by the
4260 Chief Financial Officer for deposit into the Educational
4261 Enhancement Trust Fund of the Department of Education. Any
4262 interest earnings on the tax revenues shall also be transferred
4263 to the Educational Enhancement Trust Fund.
4264 (c)1. Funds transferred to the Educational Enhancement
4265 Trust Fund under paragraph (b) shall be used to supplement
4266 public education funding statewide.
4267 2. If necessary to comply with any covenant established
4268 pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
4269 funds transferred to the Educational Enhancement Trust Fund
4270 under paragraph (b) shall first be available to pay debt service
4271 on lottery bonds issued to fund school construction in the event
4272 lottery revenues are insufficient for such purpose or to satisfy
4273 debt service reserve requirements established in connection with
4274 lottery bonds. Moneys available pursuant to this subparagraph
4275 are subject to annual appropriation by the Legislature.
4276 (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
4277 on slot machine revenues imposed by this section shall be paid
4278 to the department division. The department division shall
4279 deposit these sums with the Chief Financial Officer, to the
4280 credit of the Pari-mutuel Wagering Trust Fund. The slot machine
4281 licensee shall remit to the department division payment for the
4282 tax on slot machine revenues. Such payments shall be remitted by
4283 3 p.m. Wednesday of each week for taxes imposed and collected
4284 for the preceding week ending on Sunday. Beginning on July 1,
4285 2012, the slot machine licensee shall remit to the department
4286 division payment for the tax on slot machine revenues by 3 p.m.
4287 on the 5th day of each calendar month for taxes imposed and
4288 collected for the preceding calendar month. If the 5th day of
4289 the calendar month falls on a weekend, payments shall be
4290 remitted by 3 p.m. the first Monday following the weekend. The
4291 slot machine licensee shall file a report under oath by the 5th
4292 day of each calendar month for all taxes remitted during the
4293 preceding calendar month. Such payments shall be accompanied by
4294 a report under oath showing all slot machine gaming activities
4295 for the preceding calendar month and such other information as
4296 may be prescribed by the department division.
4297 (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
4298 fails to make tax payments as required under this section is
4299 subject to an administrative penalty of up to $10,000 for each
4300 day the tax payment is not remitted. All administrative
4301 penalties imposed and collected shall be deposited into the
4302 Pari-mutuel Wagering Trust Fund of the Department of Business
4303 and Professional Regulation. If any slot machine licensee fails
4304 to pay penalties imposed by order of the department division
4305 under this subsection, the department division may suspend,
4306 revoke, or refuse to renew the license of the slot machine
4307 licensee.
4308 (5) SUBMISSION OF FUNDS.—The department division may
4309 require slot machine licensees to remit taxes, fees, fines, and
4310 assessments by electronic funds transfer.
4311 Section 59. Section 551.107, Florida Statutes, is amended
4312 to read:
4313 551.107 Slot machine occupational license; findings;
4314 application; fee.—
4315 (1) The Legislature finds that individuals and entities
4316 that are licensed under this section require heightened state
4317 scrutiny, including the submission by the individual licensees
4318 or persons associated with the entities described in this
4319 chapter of fingerprints for a criminal history record check.
4320 (2)(a) The following slot machine occupational licenses
4321 shall be issued to persons or entities that, by virtue of the
4322 positions they hold, might be granted access to slot machine
4323 gaming areas or to any other person or entity in one of the
4324 following categories:
4325 1. General occupational licenses for general employees,
4326 including food service, maintenance, and other similar service
4327 and support employees having access to the slot machine gaming
4328 area.
4329 2. Professional occupational licenses for any person,
4330 proprietorship, partnership, corporation, or other entity that
4331 is authorized by a slot machine licensee to manage, oversee, or
4332 otherwise control daily operations as a slot machine manager, a
4333 floor supervisor, security personnel, or any other similar
4334 position of oversight of gaming operations, or any person who is
4335 not an employee of the slot machine licensee and who provides
4336 maintenance, repair, or upgrades or otherwise services a slot
4337 machine or other slot machine equipment.
4338 3. Business occupational licenses for any slot machine
4339 management company or company associated with slot machine
4340 gaming, any person who manufactures, distributes, or sells slot
4341 machines, slot machine paraphernalia, or other associated
4342 equipment to slot machine licensees, or any company that sells
4343 or provides goods or services associated with slot machine
4344 gaming to slot machine licensees.
4345 (b) The department division may issue one license to
4346 combine licenses under this section with pari-mutuel
4347 occupational licenses and cardroom licenses pursuant to s.
4348 550.105(2)(b). The department division shall adopt rules
4349 pertaining to occupational licenses under this subsection. Such
4350 rules may specify, but need not be limited to, requirements and
4351 restrictions for licensed occupations and categories, procedures
4352 to apply for any license or combination of licenses,
4353 disqualifying criminal offenses for a licensed occupation or
4354 categories of occupations, and which types of occupational
4355 licenses may be combined into a single license under this
4356 section. The fingerprinting requirements of subsection (7) apply
4357 to any combination license that includes slot machine license
4358 privileges under this section. The department division may not
4359 adopt a rule allowing the issuance of an occupational license to
4360 any person who does not meet the minimum background
4361 qualifications under this section.
4362 (c) Slot machine occupational licenses are not
4363 transferable.
4364 (3) A slot machine licensee may not employ or otherwise
4365 allow a person to work at a licensed facility unless such person
4366 holds the appropriate valid occupational license. A slot machine
4367 licensee may not contract or otherwise do business with a
4368 business required to hold a slot machine occupational license
4369 unless the business holds such a license. A slot machine
4370 licensee may not employ or otherwise allow a person to work in a
4371 supervisory or management professional level at a licensed
4372 facility unless such person holds a valid slot machine
4373 occupational license. All slot machine occupational licensees,
4374 while present in slot machine gaming areas, shall display on
4375 their persons their occupational license identification cards.
4376 (4)(a) A person seeking a slot machine occupational license
4377 or renewal thereof shall make application on forms prescribed by
4378 the department division and include payment of the appropriate
4379 application fee. Initial and renewal applications for slot
4380 machine occupational licenses must contain all information that
4381 the department division, by rule, determines is required to
4382 ensure eligibility.
4383 (b) A slot machine license or combination license is valid
4384 for the same term as a pari-mutuel occupational license issued
4385 pursuant to s. 550.105(1).
4386 (c) Pursuant to rules adopted by the department division,
4387 any person may apply for and, if qualified, be issued a slot
4388 machine occupational license valid for a period of 3 years upon
4389 payment of the full occupational license fee for each of the 3
4390 years for which the license is issued. The slot machine
4391 occupational license is valid during its specified term at any
4392 licensed facility where slot machine gaming is authorized to be
4393 conducted.
4394 (d) The slot machine occupational license fee for initial
4395 application and annual renewal shall be determined by rule of
4396 the department division but may not exceed $50 for a general or
4397 professional occupational license for an employee of the slot
4398 machine licensee or $1,000 for a business occupational license
4399 for nonemployees of the licensee providing goods or services to
4400 the slot machine licensee. License fees for general occupational
4401 licensees shall be paid by the slot machine licensee. Failure to
4402 pay the required fee constitutes grounds for disciplinary action
4403 by the department division against the slot machine licensee,
4404 but it is not a violation of this chapter or rules of the
4405 department division by the general occupational licensee and
4406 does not prohibit the initial issuance or the renewal of the
4407 general occupational license.
4408 (5) The department division may:
4409 (a) Deny an application for, or revoke, suspend, or place
4410 conditions or restrictions on, a license of a person or entity
4411 that has been refused a license by any other state gaming
4412 commission, governmental department, agency, or other authority
4413 exercising regulatory jurisdiction over the gaming of another
4414 state or jurisdiction; or
4415 (b) Deny an application for, or suspend or place conditions
4416 on, a license of any person or entity that is under suspension
4417 or has unpaid fines in another state or jurisdiction.
4418 (6)(a) The department division may deny, suspend, revoke,
4419 or refuse to renew any slot machine occupational license if the
4420 applicant for such license or the licensee has violated the
4421 provisions of this chapter or the rules of the department
4422 division governing the conduct of persons connected with slot
4423 machine gaming. In addition, the department division may deny,
4424 suspend, revoke, or refuse to renew any slot machine
4425 occupational license if the applicant for such license or the
4426 licensee has been convicted in this state, in any other state,
4427 or under the laws of the United States of a capital felony, a
4428 felony, or an offense in any other state which that would be a
4429 felony under the laws of this state involving arson; trafficking
4430 in, conspiracy to traffic in, smuggling, importing, conspiracy
4431 to smuggle or import, or delivery, sale, or distribution of a
4432 controlled substance; racketeering; or a crime involving a lack
4433 of good moral character, or has had a gaming license revoked by
4434 this state or any other jurisdiction for any gaming-related
4435 offense.
4436 (b) The department division may deny, revoke, or refuse to
4437 renew any slot machine occupational license if the applicant for
4438 such license or the licensee has been convicted of a felony or
4439 misdemeanor in this state, in any other state, or under the laws
4440 of the United States if such felony or misdemeanor is related to
4441 gambling or bookmaking as described in s. 849.25.
4442 (c) For purposes of this subsection, the term “convicted”
4443 means having been found guilty, with or without adjudication of
4444 guilt, as a result of a jury verdict, nonjury trial, or entry of
4445 a plea of guilty or nolo contendere.
4446 (7) Fingerprints for all slot machine occupational license
4447 applications shall be taken in a manner approved by the
4448 department division and shall be submitted electronically to the
4449 Department of Law Enforcement for state processing and the
4450 Federal Bureau of Investigation for national processing for a
4451 criminal history record check. All persons as specified in s.
4452 550.1815(1)(a) employed by or working within a licensed premises
4453 shall submit fingerprints for a criminal history record check
4454 and may not have been convicted of any disqualifying criminal
4455 offenses specified in subsection (6). Department Division
4456 employees and law enforcement officers assigned by their
4457 employing agencies to work within the premises as part of their
4458 official duties are excluded from the criminal history record
4459 check requirements under this subsection. For purposes of this
4460 subsection, the term “convicted” means having been found guilty,
4461 with or without adjudication of guilt, as a result of a jury
4462 verdict, nonjury trial, or entry of a plea of guilty or nolo
4463 contendere.
4464 (a) Fingerprints shall be taken in a manner approved by the
4465 department division upon initial application, or as required
4466 thereafter by rule of the department division, and shall be
4467 submitted electronically to the Department of Law Enforcement
4468 for state processing. The Department of Law Enforcement shall
4469 forward the fingerprints to the Federal Bureau of Investigation
4470 for national processing. The results of the criminal history
4471 record check shall be returned to the department division for
4472 purposes of screening. Licensees shall provide necessary
4473 equipment approved by the Department of Law Enforcement to
4474 facilitate such electronic submission. The department division
4475 requirements under this subsection shall be instituted in
4476 consultation with the Department of Law Enforcement.
4477 (b) The cost of processing fingerprints and conducting a
4478 criminal history record check for a general occupational license
4479 shall be borne by the slot machine licensee. The cost of
4480 processing fingerprints and conducting a criminal history record
4481 check for a business or professional occupational license shall
4482 be borne by the person being checked. The Department of Law
4483 Enforcement may submit an invoice to the department division for
4484 the cost of fingerprints submitted each month.
4485 (c) All fingerprints submitted to the Department of Law
4486 Enforcement and required by this section shall be retained by
4487 the Department of Law Enforcement and entered into the statewide
4488 automated fingerprint identification system as authorized by s.
4489 943.05(2)(b) and shall be available for all purposes and uses
4490 authorized for arrest fingerprint cards entered into the
4491 statewide automated fingerprint identification system pursuant
4492 to s. 943.051.
4493 (d) The Department of Law Enforcement shall search all
4494 arrest fingerprints received pursuant to s. 943.051 against the
4495 fingerprints retained in the statewide automated fingerprint
4496 identification system under paragraph (c). Any arrest record
4497 that is identified with the retained fingerprints of a person
4498 subject to the criminal history screening requirements of this
4499 section shall be reported to the department division. Each
4500 licensed facility shall pay a fee to the department division for
4501 the cost of retention of the fingerprints and the ongoing
4502 searches under this paragraph. The department division shall
4503 forward the payment to the Department of Law Enforcement. The
4504 amount of the fee to be imposed for performing these searches
4505 and the procedures for the retention of licensee fingerprints
4506 shall be as established by rule of the Department of Law
4507 Enforcement. The department division shall inform the Department
4508 of Law Enforcement of any change in the license status of
4509 licensees whose fingerprints are retained under paragraph (c).
4510 (e) The department division shall request the Department of
4511 Law Enforcement to forward the fingerprints to the Federal
4512 Bureau of Investigation for a national criminal history records
4513 check every 3 years following issuance of a license. If the
4514 fingerprints of a person who is licensed have not been retained
4515 by the Department of Law Enforcement, the person must file a
4516 complete set of fingerprints as provided for in paragraph (a).
4517 The department division shall collect the fees for the cost of
4518 the national criminal history record check under this paragraph
4519 and shall forward the payment to the Department of Law
4520 Enforcement. The cost of processing fingerprints and conducting
4521 a criminal history record check under this paragraph for a
4522 general occupational license shall be borne by the slot machine
4523 licensee. The cost of processing fingerprints and conducting a
4524 criminal history record check under this paragraph for a
4525 business or professional occupational license shall be borne by
4526 the person being checked. The Department of Law Enforcement may
4527 submit an invoice to the department division for the cost of
4528 fingerprints submitted each month. Under penalty of perjury,
4529 each person who is licensed or who is fingerprinted as required
4530 by this section must agree to inform the department division
4531 within 48 hours if he or she is convicted of or has entered a
4532 plea of guilty or nolo contendere to any disqualifying offense,
4533 regardless of adjudication.
4534 (8) All moneys collected pursuant to this section shall be
4535 deposited into the Pari-mutuel Wagering Trust Fund.
4536 (9) The department division may deny, revoke, or suspend
4537 any occupational license if the applicant or holder of the
4538 license accumulates unpaid obligations, defaults in obligations,
4539 or issues drafts or checks that are dishonored or for which
4540 payment is refused without reasonable cause.
4541 (10) The department division may fine or suspend, revoke,
4542 or place conditions upon the license of any licensee who
4543 provides false information under oath regarding an application
4544 for a license or an investigation by the department division.
4545 (11) The department division may impose a civil fine of up
4546 to $5,000 for each violation of this chapter or the rules of the
4547 department division in addition to or in lieu of any other
4548 penalty provided for in this section. The department division
4549 may adopt a penalty schedule for violations of this chapter or
4550 any rule adopted pursuant to this chapter for which it would
4551 impose a fine in lieu of a suspension and adopt rules allowing
4552 for the issuance of citations, including procedures to address
4553 such citations, to persons who violate such rules. In addition
4554 to any other penalty provided by law, the department division
4555 may exclude from all licensed slot machine facilities in this
4556 state, for a period not to exceed the period of suspension,
4557 revocation, or ineligibility, any person whose occupational
4558 license application has been declared ineligible to hold an
4559 occupational license or whose occupational license has been
4560 suspended or revoked by the department division.
4561 Section 60. Section 551.108, Florida Statutes, is amended
4562 to read:
4563 551.108 Prohibited relationships.—
4564 (1) A person employed by or performing any function on
4565 behalf of the department division may not:
4566 (a) Be an officer, director, owner, or employee of any
4567 person or entity licensed by the department division.
4568 (b) Have or hold any interest, direct or indirect, in or
4569 engage in any commerce or business relationship with any person
4570 licensed by the department division.
4571 (2) A manufacturer or distributor of slot machines may not
4572 enter into any contract with a slot machine licensee which that
4573 provides for any revenue sharing of any kind or nature or which
4574 that is directly or indirectly calculated on the basis of a
4575 percentage of slot machine revenues. Any maneuver, shift, or
4576 device whereby this subsection is violated is a violation of
4577 this chapter and renders any such agreement void.
4578 (3) A manufacturer or distributor of slot machines or any
4579 equipment necessary for the operation of slot machines or an
4580 officer, director, or employee of any such manufacturer or
4581 distributor may not have any ownership or financial interest in
4582 a slot machine license or in any business owned by the slot
4583 machine licensee.
4584 (4) An employee of the department division or relative
4585 living in the same household as such employee of the department
4586 division may not wager at any time on a slot machine located at
4587 a facility licensed by the department division.
4588 (5) An occupational licensee or relative living in the same
4589 household as such occupational licensee may not wager at any
4590 time on a slot machine located at a facility where that person
4591 is employed.
4592 Section 61. Subsections (2) and (7) of section 551.109,
4593 Florida Statutes, are amended to read:
4594 551.109 Prohibited acts; penalties.—
4595 (2) Except as otherwise provided by law and in addition to
4596 any other penalty, any person who possesses a slot machine
4597 without the license required by this chapter or who possesses a
4598 slot machine at any location other than at the slot machine
4599 licensee’s facility is subject to an administrative fine or
4600 civil penalty of up to $10,000 per machine. The prohibition in
4601 this subsection does not apply to:
4602 (a) Slot machine manufacturers or slot machine distributors
4603 that hold appropriate licenses issued by the department division
4604 who are authorized to maintain a slot machine storage and
4605 maintenance facility at any location in a county in which slot
4606 machine gaming is authorized by this chapter. The department
4607 division may adopt rules regarding security and access to the
4608 storage facility and inspections by the department division.
4609 (b) Certified educational facilities that are authorized to
4610 maintain slot machines for the sole purpose of education and
4611 licensure, if any, of slot machine technicians, inspectors, or
4612 investigators. The department division and the Department of Law
4613 Enforcement may possess slot machines for training and testing
4614 purposes. The department division may adopt rules regarding the
4615 regulation of any such slot machines used for educational,
4616 training, or testing purposes.
4617 (7) All penalties imposed and collected under this section
4618 must be deposited into the Pari-mutuel Wagering Trust Fund of
4619 the Department of Business and Professional Regulation.
4620 Section 62. Section 551.112, Florida Statutes, is amended
4621 to read:
4622 551.112 Exclusions of certain persons.—In addition to the
4623 power to exclude certain persons from any facility of a slot
4624 machine licensee in this state, the department division may
4625 exclude any person from any facility of a slot machine licensee
4626 in this state for conduct that would constitute, if the person
4627 were a licensee, a violation of this chapter or the rules of the
4628 department division. The department division may exclude from
4629 any facility of a slot machine licensee any person who has been
4630 ejected from a facility of a slot machine licensee in this state
4631 or who has been excluded from any facility of a slot machine
4632 licensee or gaming facility in another state by the governmental
4633 department, agency, commission, or authority exercising
4634 regulatory jurisdiction over the gaming in such other state.
4635 This section does not abrogate the common law right of a slot
4636 machine licensee to exclude a patron absolutely in this state.
4637 Section 63. Subsections (3) and (5) of section 551.114,
4638 Florida Statutes, are amended to read:
4639 551.114 Slot machine gaming areas.—
4640 (3) The department division shall require the posting of
4641 signs warning of the risks and dangers of gambling, showing the
4642 odds of winning, and informing patrons of the toll-free
4643 telephone number available to provide information and referral
4644 services regarding compulsive or problem gambling.
4645 (5) The permitholder shall provide adequate office space at
4646 no cost to the department division and the Department of Law
4647 Enforcement for the oversight of slot machine operations. The
4648 department division shall adopt rules establishing the criteria
4649 for adequate space, configuration, and location and needed
4650 electronic and technological requirements for office space
4651 required by this subsection.
4652 Section 64. Section 551.117, Florida Statutes, is amended
4653 to read:
4654 551.117 Penalties.—The department division may revoke or
4655 suspend any slot machine license issued under this chapter upon
4656 the willful violation by the slot machine licensee of any
4657 provision of this chapter or of any rule adopted under this
4658 chapter. In lieu of suspending or revoking a slot machine
4659 license, the department division may impose a civil penalty
4660 against the slot machine licensee for a violation of this
4661 chapter or any rule adopted by the department division. Except
4662 as otherwise provided in this chapter, the penalty so imposed
4663 may not exceed $100,000 for each count or separate offense. All
4664 penalties imposed and collected must be deposited into the Pari
4665 mutuel Wagering Trust Fund of the Department of Business and
4666 Professional Regulation.
4667 Section 65. Section 551.118, Florida Statutes, is amended
4668 to read:
4669 551.118 Compulsive or addictive gambling prevention
4670 program.—
4671 (1) The slot machine licensee shall offer training to
4672 employees on responsible gaming and shall work with a compulsive
4673 or addictive gambling prevention program to recognize problem
4674 gaming situations and to implement responsible gaming programs
4675 and practices.
4676 (2) The department division shall, subject to competitive
4677 bidding, contract for provision of services related to the
4678 prevention of compulsive and addictive gambling. The contract
4679 shall provide for an advertising program to encourage
4680 responsible gaming practices and to publicize a gambling
4681 telephone help line. Such advertisements must be made both
4682 publicly and inside the designated slot machine gaming areas of
4683 the licensee’s facilities. The terms of any contract for the
4684 provision of such services shall include accountability
4685 standards that must be met by any private provider. The failure
4686 of any private provider to meet any material terms of the
4687 contract, including the accountability standards, shall
4688 constitute a breach of contract or grounds for nonrenewal. The
4689 department division may consult with the Department of the
4690 Lottery in the development of the program and the development
4691 and analysis of any procurement for contractual services for the
4692 compulsive or addictive gambling prevention program.
4693 (3) The compulsive or addictive gambling prevention program
4694 shall be funded from an annual nonrefundable regulatory fee of
4695 $250,000 paid by the licensee to the department division.
4696 Section 66. Paragraph (c) of subsection (4) of section
4697 551.121, Florida Statutes, is amended to read:
4698 551.121 Prohibited activities and devices; exceptions.—
4699 (4)
4700 (c) Outside the designated slot machine gaming areas, a
4701 slot machine licensee or operator may accept or cash a check for
4702 an employee of the facility who is prohibited from wagering on a
4703 slot machine under s. 551.108(5), a check made directly payable
4704 to a person licensed by the department division, or a check made
4705 directly payable to the slot machine licensee or operator from:
4706 1. A pari-mutuel patron; or
4707 2. A pari-mutuel facility in this state or in another
4708 state.
4709 Section 67. Section 551.122, Florida Statutes, is amended
4710 to read:
4711 551.122 Rulemaking.—The department division may adopt rules
4712 pursuant to ss. 120.536(1) and 120.54 to administer the
4713 provisions of this chapter.
4714 Section 68. Section 551.123, Florida Statutes, is amended
4715 to read:
4716 551.123 Legislative authority; administration of chapter.
4717 The Legislature finds and declares that it has exclusive
4718 authority over the conduct of all wagering occurring at a slot
4719 machine facility in this state. As provided by law, only the
4720 department Division of Pari-mutuel Wagering and other authorized
4721 state agencies shall administer this chapter and regulate the
4722 slot machine gaming industry, including operation of slot
4723 machine facilities, games, slot machines, and facilities-based
4724 computer systems authorized in this chapter and the rules
4725 adopted by the department division.
4726 Section 69. Subsection (5) of section 565.02, Florida
4727 Statutes, is amended to read:
4728 565.02 License fees; vendors; clubs; caterers; and others.—
4729 (5) A caterer at a horse or dog racetrack or jai alai
4730 fronton may obtain a license upon the payment of an annual state
4731 license tax of $675. Such caterer’s license shall permit sales
4732 only within the enclosure in which such races or jai alai games
4733 are conducted, and such licensee shall be permitted to sell only
4734 during the period beginning 10 days before and ending 10 days
4735 after racing or jai alai under the authority of the Division of
4736 Pari-mutuel Wagering of the Department of Gaming Control
4737 Business and Professional Regulation is conducted at such
4738 racetrack or jai alai fronton. Except as otherwise provided in
4739 this subsection otherwise provided, caterers licensed hereunder
4740 shall be treated as vendors licensed to sell by the drink the
4741 beverages mentioned herein and shall be subject to all the
4742 provisions hereof relating to such vendors.
4743 Section 70. Section 616.09, Florida Statutes, is amended to
4744 read:
4745 616.09 Not authorized to carry on gambling, etc.;
4746 forfeiture of charter for violations; annulment proceedings.
4747 Nothing in This chapter does not shall be held or construed to
4748 authorize or permit any fair association to carry on, conduct,
4749 supervise, permit, or suffer any gambling or game of chance,
4750 lottery, betting, or other act in violation of the criminal laws
4751 of the state; and nothing in this chapter does not shall permit
4752 horseracing or dogracing or any other pari-mutuel wagering, for
4753 money or upon which money is placed. Any fair association that
4754 which violates any such law or that which knowingly permits the
4755 violation of any such law is subject to forfeiture of its
4756 charter; and if any citizen complains to the Department of Legal
4757 Affairs or the Department of Gaming Control that the association
4758 was organized for or is being used as a cover to evade any of
4759 the laws of Florida against crime, and submits prima facie
4760 evidence to sustain the charge, the Department of Legal Affairs
4761 or the Department of Gaming Control shall institute, and in due
4762 time prosecute to final judgment, such proceedings as may be
4763 necessary to annul the charter and incorporation of the
4764 association. A writ of injunction or other extraordinary process
4765 shall be issued by a court of competent jurisdiction on the
4766 application of the Department of Legal Affairs or the Department
4767 of Gaming Control on complaint pending the annulment proceeding
4768 and in aid thereof, and the case shall be given precedence over
4769 all civil cases pending in that court and shall be heard and
4770 disposed of with as little delay as practicable.
4771 Section 71. Subsection (9) of section 616.241, Florida
4772 Statutes, is amended to read:
4773 616.241 Trade standards for operation at public fairs and
4774 expositions.—Trade standards for the operation of shows or games
4775 in connection with public fairs and expositions are as follows:
4776 (9) VIOLATIONS; REPORTING.—Florida law forbids lotteries,
4777 gambling, raffles, and other games of chance at community,
4778 county, district, state, regional, or interstate fairs and
4779 specialized shows. Enforcement is the responsibility of the
4780 Department of Gaming Control, local boards, and authorities.
4781 Section 72. Section 817.37, Florida Statutes, is amended to
4782 read:
4783 817.37 Touting; defining; providing punishment; ejection
4784 from racetracks.—
4785 (1) Any person who knowingly and designedly by false
4786 representation attempts to, or does persuade, procure, or cause
4787 another person to wager on a horse in a race to be run in this
4788 state or elsewhere, and upon which money is wagered in this
4789 state, and who asks or demands compensation as a reward for
4790 information or purported information given in such case is a
4791 tout, and commits is guilty of touting.
4792 (2) Any person who is a tout, or who attempts or conspires
4793 to commit touting, commits shall be guilty of a misdemeanor of
4794 the second degree, punishable as provided in s. 775.082 or s.
4795 775.083.
4796 (3) Any person who in the commission of touting falsely
4797 uses the name of any official of the Department of Gaming
4798 Control Florida Division of Pari-mutuel Wagering, its inspectors
4799 or attaches, or of any official of any racetrack association, or
4800 the names of any owner, trainer, jockey, or other person
4801 licensed by the Department of Gaming Control Florida Division of
4802 Pari-mutuel Wagering, as the source of any information or
4803 purported information commits shall be guilty of a felony of the
4804 third degree, punishable as provided in s. 775.082, s. 775.083,
4805 or s. 775.084.
4806 (4) Any person who has been convicted of touting by any
4807 court, and the record of whose conviction on such charge is on
4808 file in the office of the Department of Gaming Control Florida
4809 Division of Pari-mutuel Wagering, any court of this state, or of
4810 the Federal Bureau of Investigation, or any person who has been
4811 ejected from any racetrack of this or any other state for
4812 touting or practices inimical to the public interest shall be
4813 excluded from all racetracks in this state and if such person
4814 returns to a racetrack he or she commits shall be guilty of a
4815 misdemeanor of the second degree, punishable as provided in s.
4816 775.082 or s. 775.083. Any such person who refuses to leave such
4817 track when ordered to do so by inspectors of the Department of
4818 Gaming Control Florida Division of Pari-mutuel Wagering or by
4819 any peace officer, or by an accredited attache of a racetrack or
4820 association commits shall be guilty of a separate offense that
4821 which shall be a misdemeanor of the second degree, punishable as
4822 provided in s. 775.083.
4823 Section 73. Section 849.086, Florida Statutes, is amended
4824 to read:
4825 849.086 Cardrooms authorized.—
4826 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
4827 to provide additional entertainment choices for the residents of
4828 and visitors to the state, promote tourism in the state, and
4829 provide additional state revenues through the authorization of
4830 the playing of certain games in the state at facilities known as
4831 cardrooms which are to be located at licensed pari-mutuel
4832 facilities. To ensure the public confidence in the integrity of
4833 authorized cardroom operations, this act is designed to strictly
4834 regulate the facilities, persons, and procedures related to
4835 cardroom operations. Furthermore, the Legislature finds that
4836 authorized games as herein defined are considered to be pari
4837 mutuel style games and not casino gaming because the
4838 participants play against each other instead of against the
4839 house.
4840 (2) DEFINITIONS.—As used in this section:
4841 (a) “Authorized game” means a game or series of games of
4842 poker or dominoes which are played in a nonbanking manner.
4843 (b) “Banking game” means a game in which the house is a
4844 participant in the game, taking on players, paying winners, and
4845 collecting from losers or in which the cardroom establishes a
4846 bank against which participants play.
4847 (c) “Cardroom” means a facility where authorized games are
4848 played for money or anything of value and to which the public is
4849 invited to participate in such games and charged a fee for
4850 participation by the operator of such facility. Authorized games
4851 and cardrooms do not constitute casino gaming operations.
4852 (d) “Cardroom management company” means any individual not
4853 an employee of the cardroom operator, any proprietorship,
4854 partnership, corporation, or other entity that enters into an
4855 agreement with a cardroom operator to manage, operate, or
4856 otherwise control the daily operation of a cardroom.
4857 (e) “Cardroom distributor” means any business that
4858 distributes cardroom paraphernalia such as card tables, betting
4859 chips, chip holders, dominoes, dominoes tables, drop boxes,
4860 banking supplies, playing cards, card shufflers, and other
4861 associated equipment to authorized cardrooms.
4862 (f) “Cardroom operator” means a licensed pari-mutuel
4863 permitholder that which holds a valid permit and license issued
4864 by the department division pursuant to chapter 550 and that
4865 which also holds a valid cardroom license issued by the
4866 department division pursuant to this section which authorizes
4867 such person to operate a cardroom and to conduct authorized
4868 games in such cardroom.
4869 (g) “Department” “Division” means the Division of Pari
4870 mutuel Wagering of the Department of Gaming Control Business and
4871 Professional Regulation.
4872 (h) “Dominoes” means a game of dominoes typically played
4873 with a set of 28 flat rectangular blocks, called “bones,” which
4874 are marked on one side and divided into two equal parts, with
4875 zero to six dots, called “pips,” in each part. The term also
4876 includes larger sets of blocks that contain a correspondingly
4877 higher number of pips. The term also means the set of blocks
4878 used to play the game.
4879 (i) “Gross receipts” means the total amount of money
4880 received by a cardroom from any person for participation in
4881 authorized games.
4882 (j) “House” means the cardroom operator and all employees
4883 of the cardroom operator.
4884 (k) “Net proceeds” means the total amount of gross receipts
4885 received by a cardroom operator from cardroom operations less
4886 direct operating expenses related to cardroom operations,
4887 including labor costs, admission taxes only if a separate
4888 admission fee is charged for entry to the cardroom facility,
4889 gross receipts taxes imposed on cardroom operators by this
4890 section, the annual cardroom license fees imposed by this
4891 section on each table operated at a cardroom, and reasonable
4892 promotional costs excluding officer and director compensation,
4893 interest on capital debt, legal fees, real estate taxes, bad
4894 debts, contributions or donations, or overhead and depreciation
4895 expenses not directly related to the operation of the cardrooms.
4896 (l) “Rake” means a set fee or percentage of the pot
4897 assessed by a cardroom operator for providing the services of a
4898 dealer, table, or location for playing the authorized game.
4899 (m) “Tournament” means a series of games that have more
4900 than one betting round involving one or more tables and where
4901 the winners or others receive a prize or cash award.
4902 (3) CARDROOM AUTHORIZED.—Notwithstanding any other
4903 provision of law, it is not a crime for a person to participate
4904 in an authorized game at a licensed cardroom or to operate a
4905 cardroom described in this section if such game and cardroom
4906 operation are conducted strictly in accordance with the
4907 provisions of this section.
4908 (4) AUTHORITY OF DEPARTMENT DIVISION.—The department
4909 Division of Pari-mutuel Wagering of the Department of Business
4910 and Professional Regulation shall administer this section and
4911 regulate the operation of cardrooms under this section and the
4912 rules adopted pursuant thereto, and is hereby authorized to:
4913 (a) Adopt rules, including, but not limited to: the
4914 issuance of cardroom and employee licenses for cardroom
4915 operations; the operation of a cardroom; recordkeeping and
4916 reporting requirements; and the collection of all fees and taxes
4917 imposed by this section.
4918 (b) Conduct investigations and monitor the operation of
4919 cardrooms and the playing of authorized games therein.
4920 (c) Review the books, accounts, and records of any current
4921 or former cardroom operator.
4922 (d) Suspend or revoke any license or permit, after hearing,
4923 for any violation of the provisions of this section or the
4924 administrative rules adopted pursuant thereto.
4925 (e) Take testimony, issue summons and subpoenas for any
4926 witness, and issue subpoenas duces tecum in connection with any
4927 matter within its jurisdiction.
4928 (f) Monitor and ensure the proper collection of taxes and
4929 fees imposed by this section. Permitholder internal controls are
4930 mandated to ensure no compromise of state funds. To that end, a
4931 roaming department division auditor will monitor and verify the
4932 cash flow and accounting of cardroom revenue for any given
4933 operating day.
4934 (5) LICENSE REQUIRED; APPLICATION; FEES.—A No person may
4935 not operate a cardroom in this state unless such person holds a
4936 valid cardroom license issued pursuant to this section.
4937 (a) Only those persons holding a valid cardroom license
4938 issued by the department division may operate a cardroom. A
4939 cardroom license may only be issued only to a licensed pari
4940 mutuel permitholder and an authorized cardroom may only be
4941 operated only at the same facility at which the permitholder is
4942 authorized under its valid pari-mutuel wagering permit to
4943 conduct pari-mutuel wagering activities. An initial cardroom
4944 license shall be issued to a pari-mutuel permitholder only after
4945 its facilities are in place and after it conducts its first day
4946 of live racing or games.
4947 (b) After the initial cardroom license is granted, the
4948 application for the annual license renewal shall be made in
4949 conjunction with the applicant’s annual application for its
4950 pari-mutuel license. If a permitholder has operated a cardroom
4951 during any of the 3 previous fiscal years and fails to include a
4952 renewal request for the operation of the cardroom in its annual
4953 application for license renewal, the permitholder may amend its
4954 annual application to include operation of the cardroom. In
4955 order for a cardroom license to be renewed the applicant must
4956 have requested, as part of its pari-mutuel annual license
4957 application, to conduct at least 90 percent of the total number
4958 of live performances conducted by such permitholder during
4959 either the state fiscal year in which its initial cardroom
4960 license was issued or the state fiscal year immediately prior
4961 thereto if the permitholder ran at least a full schedule of live
4962 racing or games in the prior year. If the application is for a
4963 harness permitholder cardroom, the applicant must have requested
4964 authorization to conduct a minimum of 140 live performances
4965 during the state fiscal year immediately prior thereto. If more
4966 than one permitholder is operating at a facility, each
4967 permitholder must have applied for a license to conduct a full
4968 schedule of live racing.
4969 (c) Persons seeking a license or a renewal thereof to
4970 operate a cardroom shall make application on forms prescribed by
4971 the department division. Applications for cardroom licenses
4972 shall contain all of the information the department division, by
4973 rule, may determine is required to ensure eligibility.
4974 (d) The annual cardroom license fee for each facility shall
4975 be $1,000 for each table to be operated at the cardroom. The
4976 license fee shall be deposited by the department division with
4977 the Chief Financial Officer to the credit of the Pari-mutuel
4978 Wagering Trust Fund.
4979 (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
4980 APPLICATION; FEES.—
4981 (a) A person employed or otherwise working in a cardroom as
4982 a cardroom manager, floor supervisor, pit boss, dealer, or any
4983 other activity related to cardroom operations while the facility
4984 is conducting card playing or games of dominoes must hold a
4985 valid cardroom employee occupational license issued by the
4986 department division. Food service, maintenance, and security
4987 employees with a current pari-mutuel occupational license and a
4988 current background check will not be required to have a cardroom
4989 employee occupational license.
4990 (b) Any cardroom management company or cardroom distributor
4991 associated with cardroom operations must hold a valid cardroom
4992 business occupational license issued by the department division.
4993 (c) A No licensed cardroom operator may not employ or allow
4994 to work in a cardroom any person unless such person holds a
4995 valid occupational license. A No licensed cardroom operator may
4996 not contract, or otherwise do business with, a business required
4997 to hold a valid cardroom business occupational license, unless
4998 the business holds such a valid license.
4999 (d) The department division shall establish, by rule, a
5000 schedule for the renewal of cardroom occupational licenses.
5001 Cardroom occupational licenses are not transferable.
5002 (e) Persons seeking cardroom occupational licenses, or
5003 renewal thereof, shall make application on forms prescribed by
5004 the department division. Applications for cardroom occupational
5005 licenses shall contain all of the information the department
5006 division, by rule, may determine is required to ensure
5007 eligibility.
5008 (f) The department division shall adopt rules regarding
5009 cardroom occupational licenses. The provisions specified in s.
5010 550.105(4), (5), (6), (7), (8), and (10) relating to licensure
5011 shall be applicable to cardroom occupational licenses.
5012 (g) The department division may deny, declare ineligible,
5013 or revoke any cardroom occupational license if the applicant or
5014 holder thereof has been found guilty or had adjudication
5015 withheld in this state or any other state, or under the laws of
5016 the United States of a felony or misdemeanor involving forgery,
5017 larceny, extortion, conspiracy to defraud, or filing false
5018 reports to a government agency, racing or gaming commission or
5019 authority.
5020 (h) Fingerprints for all cardroom occupational license
5021 applications shall be taken in a manner approved by the
5022 department division and then shall be submitted to the Florida
5023 Department of Law Enforcement and the Federal Bureau of
5024 Investigation for a criminal records check upon initial
5025 application and at least every 5 years thereafter. The
5026 department division may by rule require an annual record check
5027 of all renewal applications for a cardroom occupational license.
5028 The cost of processing fingerprints and conducting a record
5029 check shall be borne by the applicant.
5030 (i) The cardroom employee occupational license fee may
5031 shall not exceed $50 for any 12-month period. The cardroom
5032 business occupational license fee may shall not exceed $250 for
5033 any 12-month period.
5034 (7) CONDITIONS FOR OPERATING A CARDROOM.—
5035 (a) A cardroom may be operated only at the location
5036 specified on the cardroom license issued by the department
5037 division, and such location may only be the location at which
5038 the pari-mutuel permitholder is authorized to conduct pari
5039 mutuel wagering activities pursuant to such permitholder’s valid
5040 pari-mutuel permit or as otherwise authorized by law. Cardroom
5041 operations may not be allowed beyond the hours provided in
5042 paragraph (b) regardless of the number of cardroom licenses
5043 issued for permitholders operating at the pari-mutuel facility.
5044 (b) Any cardroom operator may operate a cardroom at the
5045 pari-mutuel facility daily throughout the year, if the
5046 permitholder meets the requirements under paragraph (5)(b). The
5047 cardroom may be open a cumulative amount of 18 hours per day on
5048 Monday through Friday and 24 hours per day on Saturday and
5049 Sunday and on the holidays specified in s. 110.117(1).
5050 (c) A cardroom operator must at all times employ and
5051 provide a nonplaying dealer for each table on which authorized
5052 card games that which traditionally use a dealer are conducted
5053 at the cardroom. Such dealers may not have a participatory
5054 interest in any game other than the dealing of cards and may not
5055 have an interest in the outcome of the game. The providing of
5056 such dealers by a licensee does not constitute the conducting of
5057 a banking game by the cardroom operator.
5058 (d) A cardroom operator may award giveaways, jackpots, and
5059 prizes to a player who holds certain combinations of cards
5060 specified by the cardroom operator.
5061 (e) Each cardroom operator shall conspicuously post upon
5062 the premises of the cardroom a notice that which contains a copy
5063 of the cardroom license; a list of authorized games offered by
5064 the cardroom; the wagering limits imposed by the house, if any;
5065 any additional house rules regarding operation of the cardroom
5066 or the playing of any game; and all costs to players to
5067 participate, including any rake by the house. In addition, each
5068 cardroom operator shall post at each table a notice of the
5069 minimum and maximum bets authorized at such table and the fee
5070 for participation in the game conducted.
5071 (f) The cardroom facility is subject to inspection by the
5072 department division or any law enforcement agency during the
5073 licensee’s regular business hours. The inspection must
5074 specifically include the permitholder internal control
5075 procedures approved by the department division.
5076 (g) A cardroom operator may refuse entry to or refuse to
5077 allow any person who is objectionable, undesirable, or
5078 disruptive to play, but such refusal may not be on the basis of
5079 race, creed, color, religion, gender, national origin, marital
5080 status, physical handicap, or age, except as provided in this
5081 section.
5082 (8) METHOD OF WAGERS; LIMITATION.—
5083 (a) No Wagering may not be conducted using money or other
5084 negotiable currency. Games may only be played utilizing a
5085 wagering system whereby all players’ money is first converted by
5086 the house to tokens or chips that which shall be used for
5087 wagering only at that specific cardroom.
5088 (b) The cardroom operator may limit the amount wagered in
5089 any game or series of games.
5090 (c) A tournament shall consist of a series of games. The
5091 entry fee for a tournament may be set by the cardroom operator.
5092 Tournaments may be played only with tournament chips that are
5093 provided to all participants in exchange for an entry fee and
5094 any subsequent re-buys. All players must receive an equal number
5095 of tournament chips for their entry fee. Tournament chips have
5096 no cash value and represent tournament points only. There is no
5097 limitation on the number of tournament chips that may be used
5098 for a bet except as otherwise determined by the cardroom
5099 operator. Tournament chips may never be redeemed for cash or for
5100 any other thing of value. The distribution of prizes and cash
5101 awards must be determined by the cardroom operator before entry
5102 fees are accepted. For purposes of tournament play only, the
5103 term “gross receipts” means the total amount received by the
5104 cardroom operator for all entry fees, player re-buys, and fees
5105 for participating in the tournament less the total amount paid
5106 to the winners or others as prizes.
5107 (9) BOND REQUIRED.—The holder of a cardroom license shall
5108 be financially and otherwise responsible for the operation of
5109 the cardroom and for the conduct of any manager, dealer, or
5110 other employee involved in the operation of the cardroom. Prior
5111 to the issuance of a cardroom license, each applicant for such
5112 license shall provide evidence of a surety bond in the amount of
5113 $50,000, payable to the state, furnished by a corporate surety
5114 authorized to do business in the state or evidence that the
5115 licensee’s pari-mutuel bond required by s. 550.125 has been
5116 expanded to include the applicant’s cardroom operation. The bond
5117 shall guarantee that the cardroom operator will redeem, for
5118 cash, all tokens or chips used in games. Such bond shall be kept
5119 in full force and effect by the operator during the term of the
5120 license.
5121 (10) FEE FOR PARTICIPATION.—The cardroom operator may
5122 charge a fee for the right to participate in games conducted at
5123 the cardroom. Such fee may be either a flat fee or hourly rate
5124 for the use of a seat at a table or a rake subject to the posted
5125 maximum amount but may not be based on the amount won by
5126 players. The rake-off, if any, must be made in an obvious manner
5127 and placed in a designated rake area that which is clearly
5128 visible to all players. Notice of the amount of the
5129 participation fee charged shall be posted in a conspicuous place
5130 in the cardroom and at each table at all times.
5131 (11) RECORDS AND REPORTS.—
5132 (a) Each licensee operating a cardroom shall keep and
5133 maintain permanent daily records of its cardroom operation and
5134 shall maintain such records for a period of not less than 3
5135 years. These records shall include all financial transactions
5136 and contain sufficient detail to determine compliance with the
5137 requirements of this section. All records shall be available for
5138 audit and inspection by the department division or other law
5139 enforcement agencies during the licensee’s regular business
5140 hours. The information required in such records shall be
5141 determined by department division rule.
5142 (b) Each licensee operating a cardroom shall file with the
5143 department division a report containing the required records of
5144 such cardroom operation. Such report shall be filed monthly by
5145 licensees. The required reports shall be submitted on forms
5146 prescribed by the department division and shall be due at the
5147 same time as the monthly pari-mutuel reports are due to the
5148 department division, and such reports shall contain any
5149 additional information deemed necessary by the department
5150 division, and the reports shall be deemed public records once
5151 filed.
5152 (12) PROHIBITED ACTIVITIES.—
5153 (a) A No person licensed to operate a cardroom may not
5154 conduct any banking game or any game not specifically authorized
5155 by this section.
5156 (b) A No person under 18 years of age may not be permitted
5157 to hold a cardroom or employee license, or engage in any game
5158 conducted therein.
5159 (c) With the exception of mechanical card shufflers, an No
5160 electronic or mechanical device devices, except mechanical card
5161 shufflers, may not be used to conduct any authorized game in a
5162 cardroom.
5163 (d) No Cards, game components, or game implements may not
5164 be used in playing an authorized game unless such has been
5165 furnished or provided to the players by the cardroom operator.
5166 (13) TAXES AND OTHER PAYMENTS.—
5167 (a) Each cardroom operator shall pay a tax to the state of
5168 10 percent of the cardroom operation’s monthly gross receipts.
5169 (b) An admission tax equal to 15 percent of the admission
5170 charge for entrance to the licensee’s cardroom facility, or 10
5171 cents, whichever is greater, is imposed on each person entering
5172 the cardroom. This admission tax applies shall apply only if a
5173 separate admission fee is charged for entry to the cardroom
5174 facility. If a single admission fee is charged which authorizes
5175 entry to both or either the pari-mutuel facility and the
5176 cardroom facility, the admission tax shall be payable only once
5177 and shall be payable pursuant to chapter 550. The cardroom
5178 licensee is shall be responsible for collecting the admission
5179 tax. An admission tax is imposed on any free passes or
5180 complimentary cards issued to guests by licensees in an amount
5181 equal to the tax imposed on the regular and usual admission
5182 charge for entrance to the licensee’s cardroom facility. A
5183 cardroom licensee may issue tax-free passes to its officers,
5184 officials, and employees or other persons actually engaged in
5185 working at the cardroom, including accredited press
5186 representatives such as reporters and editors, and may also
5187 issue tax-free passes to other cardroom licensees for the use of
5188 their officers and officials. The licensee shall file with the
5189 department division a list of all persons to whom tax-free
5190 passes are issued.
5191 (c) Payment of the admission tax and gross receipts tax
5192 imposed by this section shall be paid to the department
5193 division. The department division shall deposit these sums with
5194 the Chief Financial Officer, one-half being credited to the
5195 Pari-mutuel Wagering Trust Fund and one-half being credited to
5196 the General Revenue Fund. The cardroom licensee shall remit to
5197 the department division payment for the admission tax, the gross
5198 receipts tax, and the licensee fees. Such payments shall be
5199 remitted to the department division on the fifth day of each
5200 calendar month for taxes and fees imposed for the preceding
5201 month’s cardroom activities. Licensees shall file a report under
5202 oath by the fifth day of each calendar month for all taxes
5203 remitted during the preceding calendar month. Such report shall,
5204 under oath, indicate the total of all admissions, the cardroom
5205 activities for the preceding calendar month, and such other
5206 information as may be prescribed by the department division.
5207 (d)1. Each greyhound and jai alai permitholder that
5208 operates a cardroom facility shall use at least 4 percent of
5209 such permitholder’s cardroom monthly gross receipts to
5210 supplement greyhound purses or jai alai prize money,
5211 respectively, during the permitholder’s next ensuing pari-mutuel
5212 meet.
5213 2. Each thoroughbred and harness horse racing permitholder
5214 that operates a cardroom facility shall use at least 50 percent
5215 of such permitholder’s cardroom monthly net proceeds as follows:
5216 47 percent to supplement purses and 3 percent to supplement
5217 breeders’ awards during the permitholder’s next ensuing racing
5218 meet.
5219 3. No cardroom license or renewal thereof shall be issued
5220 to an applicant holding a permit under chapter 550 to conduct
5221 pari-mutuel wagering meets of quarter horse racing unless the
5222 applicant has on file with the department division a binding
5223 written agreement between the applicant and the Florida Quarter
5224 Horse Racing Association or the association representing a
5225 majority of the horse owners and trainers at the applicant’s
5226 eligible facility, governing the payment of purses on live
5227 quarter horse races conducted at the licensee’s pari-mutuel
5228 facility. The agreement governing purses may direct the payment
5229 of such purses from revenues generated by any wagering or gaming
5230 the applicant is authorized to conduct under Florida law. All
5231 purses shall be subject to the terms of chapter 550.
5232 (e) The failure of any licensee to make payments as
5233 prescribed in paragraph (c) is a violation of this section, and
5234 the licensee may be subjected by the department division to a
5235 civil penalty of up to $1,000 for each day the tax payment is
5236 not remitted. All penalties imposed and collected shall be
5237 deposited in the General Revenue Fund. If a licensee fails to
5238 pay penalties imposed by order of the department division under
5239 this subsection, the department division may suspend or revoke
5240 the license of the cardroom operator or deny issuance of any
5241 further license to the cardroom operator.
5242 (f) The cardroom shall be deemed an accessory use to a
5243 licensed pari-mutuel operation and, except as provided in
5244 chapter 550, a municipality, county, or political subdivision
5245 may not assess or collect any additional license tax, sales tax,
5246 or excise tax on such cardroom operation.
5247 (g) All of the moneys deposited in the Pari-mutuel Wagering
5248 Trust Fund, except as set forth in paragraph (h), shall be
5249 utilized and distributed in the manner specified in s.
5250 550.135(1) and (2). However, cardroom tax revenues shall be kept
5251 separate from pari-mutuel tax revenues and may shall not be used
5252 for making the disbursement to counties provided in former s.
5253 550.135(1).
5254 (h) One-quarter of the moneys deposited into the Pari
5255 mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
5256 October 1 of each year, be distributed to the local government
5257 that approved the cardroom under subsection (16); however, if
5258 two or more pari-mutuel racetracks are located within the same
5259 incorporated municipality, the cardroom funds shall be
5260 distributed to the municipality. If a pari-mutuel facility is
5261 situated in such a manner that it is located in more than one
5262 county, the site of the cardroom facility shall determine the
5263 location for purposes of disbursement of tax revenues under this
5264 paragraph. The department division shall, by September 1 of each
5265 year, determine: the amount of taxes deposited into the Pari
5266 mutuel Wagering Trust Fund pursuant to this section from each
5267 cardroom licensee; the location by county of each cardroom;
5268 whether the cardroom is located in the unincorporated area of
5269 the county or within an incorporated municipality; and, the
5270 total amount to be distributed to each eligible county and
5271 municipality.
5272 (14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.—
5273 (a) The department division may deny a license or the
5274 renewal thereof, or may suspend or revoke any license, when the
5275 applicant has: violated or failed to comply with the provisions
5276 of this section or any rules adopted pursuant thereto; knowingly
5277 caused, aided, abetted, or conspired with another to cause any
5278 person to violate this section or any rules adopted pursuant
5279 thereto; or obtained a license or permit by fraud,
5280 misrepresentation, or concealment; or if the holder of such
5281 license or permit is no longer eligible under this section.
5282 (b) If a pari-mutuel permitholder’s pari-mutuel permit or
5283 license is suspended or revoked by the department division
5284 pursuant to chapter 550, the department division may, but is not
5285 required to, suspend or revoke such permitholder’s cardroom
5286 license. If a cardroom operator’s license is suspended or
5287 revoked pursuant to this section, the department division may,
5288 but is not required to, suspend or revoke such licensee’s pari
5289 mutuel permit or license.
5290 (c) Notwithstanding any other provision of this section,
5291 the department division may impose an administrative fine not to
5292 exceed $1,000 for each violation against any person who has
5293 violated or failed to comply with the provisions of this section
5294 or any rules adopted pursuant thereto.
5295 (15) CRIMINAL PENALTY; INJUNCTION.—
5296 (a)1. Any person who operates a cardroom without a valid
5297 license issued as provided in this section commits a felony of
5298 the third degree, punishable as provided in s. 775.082, s.
5299 775.083, or s. 775.084.
5300 2. Any licensee or permitholder who violates any provision
5301 of this section commits a misdemeanor of the first degree,
5302 punishable as provided in s. 775.082 or s. 775.083. Any licensee
5303 or permitholder who commits a second or subsequent violation of
5304 the same paragraph or subsection within a period of 3 years from
5305 the date of a prior conviction for a violation of such paragraph
5306 or subsection commits a felony of the third degree, punishable
5307 as provided in s. 775.082, s. 775.083, or s. 775.084.
5308 (b) The department division, any state attorney, the
5309 statewide prosecutor, or the Attorney General may apply for a
5310 temporary or permanent injunction restraining further violation
5311 of this section, and such injunction shall issue without bond.
5312 (16) LOCAL GOVERNMENT APPROVAL.—The department may Division
5313 of Pari-mutuel Wagering shall not issue any initial license
5314 under this section except upon proof in such form as the
5315 department division may prescribe that the local government
5316 where the applicant for such license desires to conduct cardroom
5317 gaming has voted to approve such activity by a majority vote of
5318 the governing body of the municipality or the governing body of
5319 the county if the facility is not located in a municipality.
5320 (17) CHANGE OF LOCATION; REFERENDUM.—
5321 (a) Notwithstanding any provisions of this section, no
5322 cardroom gaming license issued under this section shall be
5323 transferred, or reissued when such reissuance is in the nature
5324 of a transfer, so as to permit or authorize a licensee to change
5325 the location of the cardroom except upon proof in such form as
5326 the department division may prescribe that a referendum election
5327 has been held:
5328 1. If the proposed new location is within the same county
5329 as the already licensed location, in the county where the
5330 licensee desires to conduct cardroom gaming and that a majority
5331 of the electors voting on the question in such election voted in
5332 favor of the transfer of such license. However, the department
5333 division shall transfer, without requirement of a referendum
5334 election, the cardroom license of any permitholder that
5335 relocated its permit pursuant to s. 550.0555.
5336 2. If the proposed new location is not within the same
5337 county as the already licensed location, in the county where the
5338 licensee desires to conduct cardroom gaming and that a majority
5339 of the electors voting on that question in each such election
5340 voted in favor of the transfer of such license.
5341 (b) The expense of each referendum held under the
5342 provisions of this subsection shall be borne by the licensee
5343 requesting the transfer.
5344 Section 74. Section 849.094, Florida Statutes, is amended
5345 to read:
5346 849.094 Game promotion in connection with sale of consumer
5347 products or services.—
5348 (1) As used in this section, the term:
5349 (a) “Department” means the Department of Gaming Control.
5350 (b)(a) “Game promotion” means, but is not limited to, a
5351 contest, game of chance, or gift enterprise, conducted within or
5352 throughout the state and other states in connection with the
5353 sale of consumer products or services, and in which the elements
5354 of chance and prize are present. However, the term does not
5355 “game promotion” shall not be construed to apply to bingo games
5356 conducted pursuant to s. 849.0931.
5357 (c)(b) “Operator” means any person, firm, corporation, or
5358 association or agent or employee thereof who promotes, operates,
5359 or conducts a game promotion, except any charitable nonprofit
5360 organization.
5361 (2) It is unlawful for any operator:
5362 (a) To design, engage in, promote, or conduct such a game
5363 promotion, in connection with the promotion or sale of consumer
5364 products or services, wherein the winner may be predetermined or
5365 the game may be manipulated or rigged so as to:
5366 1. Allocate a winning game or any portion thereof to
5367 certain lessees, agents, or franchises; or
5368 2. Allocate a winning game or part thereof to a particular
5369 period of the game promotion or to a particular geographic area;
5370 (b) Arbitrarily to remove, disqualify, disallow, or reject
5371 any entry;
5372 (c) To fail to award prizes offered;
5373 (d) To print, publish, or circulate literature or
5374 advertising material used in connection with such game
5375 promotions which is false, deceptive, or misleading; or
5376 (e) To require an entry fee, payment, or proof of purchase
5377 as a condition of entering a game promotion.
5378 (3) The operator of a game promotion in which the total
5379 announced value of the prizes offered is greater than $5,000
5380 shall file with the Department of Gaming Control Agriculture and
5381 Consumer Services a copy of the rules and regulations of the
5382 game promotion and a list of all prizes and prize categories
5383 offered at least 7 days before the commencement of the game
5384 promotion. Such rules and regulations may not thereafter be
5385 changed, modified, or altered. The operator of a game promotion
5386 shall conspicuously post the rules and regulations of such game
5387 promotion in each and every retail outlet or place where such
5388 game promotion may be played or participated in by the public
5389 and shall also publish the rules and regulations in all
5390 advertising copy used in connection therewith. However, such
5391 advertising copy need only include the material terms of the
5392 rules and regulations if the advertising copy includes a website
5393 address, a toll-free telephone number, or a mailing address
5394 where the full rules and regulations may be viewed, heard, or
5395 obtained for the full duration of the game promotion. Such
5396 disclosures must be legible. Radio and television announcements
5397 may indicate that the rules and regulations are available at
5398 retail outlets or from the operator of the promotion. A
5399 nonrefundable filing fee of $100 shall accompany each filing and
5400 shall be used to pay the costs incurred in administering and
5401 enforcing the provisions of this section.
5402 (4)(a) Every operator of such a game promotion in which the
5403 total announced value of the prizes offered is greater than
5404 $5,000 shall establish a trust account, in a national or state
5405 chartered financial institution, with a balance sufficient to
5406 pay or purchase the total value of all prizes offered. On a form
5407 supplied by the Department of Gaming Control Agriculture and
5408 Consumer Services, an official of the financial institution
5409 holding the trust account shall set forth the dollar amount of
5410 the trust account, the identity of the entity or individual
5411 establishing the trust account, and the name of the game
5412 promotion for which the trust account has been established. Such
5413 form shall be filed with the Department of Gaming Control
5414 Agriculture and Consumer Services at least 7 days in advance of
5415 the commencement of the game promotion. In lieu of establishing
5416 such trust account, the operator may obtain a surety bond in an
5417 amount equivalent to the total value of all prizes offered; and
5418 such bond shall be filed with the Department of Gaming Control
5419 Agriculture and Consumer Services at least 7 days in advance of
5420 the commencement of the game promotion.
5421 1. The moneys held in the trust account may be withdrawn in
5422 order to pay the prizes offered only upon certification to the
5423 Department of Gaming Control Agriculture and Consumer Services
5424 of the name of the winner or winners and the amount of the prize
5425 or prizes and the value thereof.
5426 2. If the operator of a game promotion has obtained a
5427 surety bond in lieu of establishing a trust account, the amount
5428 of the surety bond shall equal at all times the total amount of
5429 the prizes offered.
5430 (b) The Department of Gaming Control Agriculture and
5431 Consumer Services may waive the provisions of this subsection
5432 for any operator who has conducted game promotions in the state
5433 for not less than 5 consecutive years and who has not had any
5434 civil, criminal, or administrative action instituted against him
5435 or her by the state or an agency of the state for violation of
5436 this section within that 5-year period. Such waiver may be
5437 revoked upon the commission of a violation of this section by
5438 such operator, as determined by the Department of Gaming Control
5439 Agriculture and Consumer Services.
5440 (5) Every operator of a game promotion in which the total
5441 announced value of the prizes offered is greater than $5,000
5442 shall provide the Department of Gaming Control Agriculture and
5443 Consumer Services with a certified list of the names and
5444 addresses of all persons, whether from this state or from
5445 another state, who have won prizes which have a value of more
5446 than $25, the value of such prizes, and the dates when the
5447 prizes were won within 60 days after such winners have been
5448 finally determined. The operator shall provide a copy of the
5449 list of winners, without charge, to any person who requests it.
5450 In lieu of the foregoing, the operator of a game promotion may,
5451 at his or her option, publish the same information about the
5452 winners in a Florida newspaper of general circulation within 60
5453 days after such winners have been determined and shall provide
5454 to the Department of Gaming Control Agriculture and Consumer
5455 Services a certified copy of the publication containing the
5456 information about the winners. The operator of a game promotion
5457 is not required to notify a winner by mail or by telephone when
5458 the winner is already in possession of a game card from which
5459 the winner can determine that he or she has won a designated
5460 prize. All winning entries shall be held by the operator for a
5461 period of 90 days after the close or completion of the game.
5462 (6) The Department of Gaming Control Agriculture and
5463 Consumer Services shall keep the certified list of winners for a
5464 period of at least 6 months after receipt of the certified list.
5465 The department thereafter may dispose of all records and lists.
5466 (7) No operator shall force, directly or indirectly, a
5467 lessee, agent, or franchise dealer to purchase or participate in
5468 any game promotion. For the purpose of this section, coercion or
5469 force shall be presumed in these circumstances in which a course
5470 of business extending over a period of 1 year or longer is
5471 materially changed coincident with a failure or refusal of a
5472 lessee, agent, or franchise dealer to participate in such game
5473 promotions. Such force or coercion shall further be presumed
5474 when an operator advertises generally that game promotions are
5475 available at its lessee dealers or agent dealers.
5476 (8)(a) The Department of Gaming Control Agriculture and
5477 Consumer Services shall have the power to promulgate such rules
5478 and regulations respecting the operation of game promotions as
5479 it may deem advisable.
5480 (b) Whenever the Department of Gaming Control Agriculture
5481 and Consumer Services or the Department of Legal Affairs has
5482 reason to believe that a game promotion is being operated in
5483 violation of this section, it may bring an action in the circuit
5484 court of any judicial circuit in which the game promotion is
5485 being operated in the name and on behalf of the people of the
5486 state against any operator thereof to enjoin the continued
5487 operation of such game promotion anywhere within the state.
5488 (9)(a) Any person, firm, or corporation, or association or
5489 agent or employee thereof, who engages in any acts or practices
5490 stated in this section to be unlawful, or who violates any of
5491 the rules and regulations made pursuant to this section, is
5492 guilty of a misdemeanor of the second degree, punishable as
5493 provided in s. 775.082 or s. 775.083.
5494 (b) Any person, firm, corporation, association, agent, or
5495 employee who violates any provision of this section or any of
5496 the rules and regulations made pursuant to this section shall be
5497 liable for a civil penalty of not more than $1,000 for each such
5498 violation, which shall accrue to the state and may be recovered
5499 in a civil action brought by the Department of Gaming Control
5500 Agriculture and Consumer Services or the Department of Legal
5501 Affairs.
5502 (10) This section does not apply to actions or transactions
5503 regulated by the Department of Business and Professional
5504 Regulation or to the activities of nonprofit organizations or to
5505 any other organization engaged in any enterprise other than the
5506 sale of consumer products or services. Subsections (3), (4),
5507 (5), (6), and (7) and paragraph (8)(a) and any of the rules made
5508 pursuant thereto do not apply to television or radio
5509 broadcasting companies licensed by the Federal Communications
5510 Commission.
5511 Section 75. This act shall take effect October 1, 2011.
