Bill Text: FL S0008 | 2021 | 1st Special Session | Enrolled


Bill Title: Gaming

Spectrum: Bipartisan Bill

Status: (Passed) 2021-05-25 - Approved by Governor [S0008 Detail]

Download: Florida-2021-S0008-Enrolled.html
       ENROLLED
       2021 Legislature                    CS for SB 8-A, 1st Engrossed
       
       
       
       
       
       
                                                               20218Aer
    1  
    2         An act relating to gaming; amending s. 550.002, F.S.;
    3         revising and providing definitions; amending s.
    4         550.0115, F.S.; conforming provisions to changes made
    5         by the act; amending s. 550.01215, F.S.; revising the
    6         application requirements for an operating license to
    7         conduct pari-mutuel wagering for a pari-mutuel
    8         facility; prohibiting greyhound permitholders from
    9         conducting live racing; authorizing jai alai
   10         permitholders, harness horse racing permitholders, and
   11         quarter horse racing permitholders to elect not to
   12         conduct live racing or games; requiring thoroughbred
   13         permitholders to conduct live racing; specifying that
   14         certain permitholders that do not conduct live racing
   15         or games retain their permit and remain pari-mutuel
   16         facilities; specifying that, if such permitholder has
   17         been issued a slot machine license, the permitholder’s
   18         facility remains an eligible facility, continues to be
   19         eligible for a slot machine license, is exempt from
   20         certain provisions of ch. 551, F.S., is eligible to be
   21         a guest track, and, if the permitholder is a harness
   22         horse racing permitholder, is eligible to be a host
   23         track for intertrack wagering and simulcasting and
   24         remains eligible for a cardroom license; prohibiting a
   25         permitholder or licensee from conducting live
   26         greyhound racing or dogracing in connection with any
   27         wager for money or any other thing of value in the
   28         state; providing administrative and civil penalties;
   29         providing requirements for the funds generated from
   30         such penalties; prohibiting operating licenses from
   31         being issued to a pari-mutuel permitholder unless a
   32         specified requirement is met; authorizing the Division
   33         of Pari-mutuel Wagering to approve a change in racing
   34         dates for certain permitholders if the request for a
   35         change is received before a specified date and under
   36         certain circumstances for a specified fiscal year;
   37         deleting a provision authorizing the conversion of
   38         certain permits to a jai alai permit under certain
   39         circumstances; conforming provisions to changes made
   40         by the act; amending s. 550.0235, F.S.; conforming
   41         provisions to changes made by the act; amending s.
   42         550.0351, F.S.; deleting a provision relating to hound
   43         dog derbies and mutt derbies; conforming provisions to
   44         changes made by the act; amending s. 550.0425, F.S.;
   45         deleting a provision authorizing certain minors to be
   46         granted access to kennel compound areas under certain
   47         circumstances; amending s. 550.054, F.S.; requiring
   48         the division to revoke the permit of certain
   49         permitholders; specifying such revoked permit is void
   50         and may not be reissued; revising requirements to hold
   51         a permit for the operation of a pari-mutuel facility
   52         and an associated cardroom or slot machine facility;
   53         specifying certain permits held on a specified date
   54         are deemed valid for specified purposes; prohibiting
   55         new permits for the conduct of pari-mutuel wagering
   56         from being issued after a specified date; prohibiting
   57         a permit to conduct pari-mutuel wagering from being
   58         converted to another class of permit; conforming
   59         provisions to changes made by the act; amending s.
   60         550.0651, F.S.; allowing a municipality to prohibit
   61         the establishment of certain pari-mutuel facilities
   62         and pari-mutuel wagering in its jurisdiction; amending
   63         s. 550.0745, F.S.; authorizing summer jai alai
   64         permitholders to conduct pari-mutuel wagering
   65         throughout the year; deleting provisions relating to
   66         the conversion of a pari-mutuel permit to a summer jai
   67         alai permit; amending s. 550.09511, F.S.; deleting a
   68         provision relating to the payment of certain taxes and
   69         fees by jai alai permitholders conducting fewer than a
   70         specified number of live performances; amending s.
   71         550.09512, F.S.; revising the circumstances for which
   72         a harness horse permitholder’s permit is voided for
   73         failing to pay certain taxes; prohibiting the reissue
   74         of such permit; amending ss. 550.105, 550.1155, and
   75         550.1647, F.S.; conforming provisions to changes made
   76         by the act; repealing s. 550.1648, F.S., relating to
   77         greyhound adoptions; amending ss. 550.175, 550.1815,
   78         and 550.24055, F.S.; conforming provisions to changes
   79         made by the act; amending s. 550.2415, F.S.; deleting
   80         provisions relating to the testing, euthanasia,
   81         training, and medication levels of racing greyhounds;
   82         amending s. 550.334, F.S.; conforming provisions to
   83         changes made by the act; amending s. 550.3345, F.S.;
   84         requiring that net revenues derived from specified
   85         licenses issued to not-for-profit corporations be
   86         dedicated to certain purposes; prohibiting the
   87         transfer of such licenses; providing construction;
   88         amending s. 550.3551, F.S.; conforming provisions to
   89         changes made by the act; amending s. 550.3615, F.S.;
   90         conforming provisions to changes made by the act;
   91         prohibiting a person convicted of bookmaking from
   92         attending or being admitted to a pari-mutuel facility;
   93         requiring pari-mutuel facility employees to notify
   94         certain persons of unlawful activities; providing
   95         civil penalties; requiring a permittee to display
   96         certain warnings relating to bookmaking at his or her
   97         pari-mutuel facility; revising applicability; creating
   98         s. 550.3616, F.S.; prohibiting persons authorized to
   99         conduct gaming or pari-mutuel operations in this state
  100         from racing greyhounds or other dogs in connection
  101         with any wager for money or thing of value; providing
  102         criminal penalties; prohibiting the suspension,
  103         deferment, or withholding of adjudication of guilt of
  104         certain persons; amending s. 550.475, F.S.; revising
  105         provisions relating to leasing pari-mutuel facilities;
  106         amending s. 550.5251, F.S.; deleting a prohibition
  107         against thoroughbred racing permitholders beginning
  108         races after a specified time; deleting provisions
  109         relating to the operation of cardrooms by thoroughbred
  110         racing permitholders after a specified time and
  111         receiving and rebroadcasting out-of-state races after
  112         a specified time under certain circumstances; amending
  113         s. 550.615, F.S.; revising requirements relating to
  114         intertrack wagering; specifying that greyhound
  115         permitholders are qualified to receive certain
  116         broadcasts and accept specified wagers; amending s.
  117         550.6305, F.S.; conforming provisions to changes made
  118         by the act; amending s. 550.6308, F.S.; revising
  119         requirements for a limited intertrack wagering
  120         license; revising requirements for intertrack
  121         wagering; deleting requirements for limited intertrack
  122         wagering licensees to make specified payments;
  123         amending s. 551.104, F.S.; conforming provisions to
  124         changes made by the act; amending s. 551.114, F.S.;
  125         revising requirements for the location of designated
  126         slot machine gaming areas; amending s. 551.116, F.S.;
  127         authorizing slot machine gaming areas to be open 24
  128         hours per day throughout the year; amending s. 565.02,
  129         F.S.; conforming provisions to changes made by the
  130         act; amending s. 849.086, F.S.; prohibiting a cardroom
  131         license from being issued to certain permitholders;
  132         revising requirements for a cardroom license to be
  133         issued to certain permitholders; authorizing cardrooms
  134         to be open 24 hours per day; authorizing a
  135         municipality to prohibit the establishment and
  136         operation of certain cardrooms within its
  137         jurisdiction; conforming provisions to changes made by
  138         the act; amending s. 849.14, F.S.; revising criminal
  139         penalties relating to certain bets; creating s.
  140         849.142, F.S.; specifying that certain activities are
  141         not subject to certain gambling-related prohibitions;
  142         creating s. 849.251, F.S.; prohibiting persons from
  143         wagering or accepting anything of value on certain
  144         dograces; prohibiting persons from taking certain
  145         actions related to people associated with or
  146         interested in dogracing; providing criminal penalties;
  147         prohibiting the suspension, deferment, or withholding
  148         of adjudication of guilt of certain persons; providing
  149         applicability; reenacting ss. 380.0651(2)(c),
  150         402.82(4)(c), and 480.0475(1), F.S., relating to
  151         statewide guidelines, the electronic benefits transfer
  152         program, and massage establishments, respectively, to
  153         incorporate the amendments made to s. 550.002, F.S.,
  154         in references thereto; providing severability;
  155         providing contingent effective dates.
  156          
  157  Be It Enacted by the Legislature of the State of Florida:
  158  
  159         Section 1. Present subsections (24) through (28) of section
  160  550.002, Florida Statutes, are redesignated as subsections (25)
  161  through (29), respectively, a new subsection (24) is added to
  162  that section, and subsections (11), (17), (20), (21), (22), and
  163  (23) and present subsections (26), (29), and (31) of that
  164  section are amended, to read:
  165         550.002 Definitions.—As used in this chapter, the term:
  166         (11) “Full schedule of live racing or games” means, for a
  167  greyhound or jai alai permitholder, the conduct of a combination
  168  of at least 100 live evening or matinee performances during the
  169  preceding year; for a permitholder who has a converted permit or
  170  filed an application on or before June 1, 1990, for a converted
  171  permit, the conduct of a combination of at least 100 live
  172  evening and matinee wagering performances during either of the 2
  173  preceding years; for a jai alai permitholder who does not
  174  operate slot machines in its pari-mutuel facility, who has
  175  conducted at least 100 live performances per year for at least
  176  10 years after December 31, 1992, and whose handle on live jai
  177  alai games conducted at its pari-mutuel facility has been less
  178  than $4 million per state fiscal year for at least 2 consecutive
  179  years after June 30, 1992, the conduct of a combination of at
  180  least 40 live evening or matinee performances during the
  181  preceding year; for a jai alai permitholder who operates slot
  182  machines in its pari-mutuel facility, the conduct of a
  183  combination of at least 150 performances during the preceding
  184  year; for a harness permitholder, the conduct of at least 100
  185  live regular wagering performances during the preceding year;
  186  for a quarter horse permitholder at its facility unless an
  187  alternative schedule of at least 20 live regular wagering
  188  performances is agreed upon by the permitholder and either the
  189  Florida Quarter Horse Racing Association or the horsemen’s
  190  association representing the majority of the quarter horse
  191  owners and trainers at the facility and filed with the division
  192  along with its annual date application, in the 2010-2011 fiscal
  193  year, the conduct of at least 20 regular wagering performances,
  194  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
  195  least 30 live regular wagering performances, and for every
  196  fiscal year after the 2012-2013 fiscal year, the conduct of at
  197  least 40 live regular wagering performances; for a quarter horse
  198  permitholder leasing another licensed racetrack, the conduct of
  199  160 events at the leased facility; and for a thoroughbred
  200  permitholder, the conduct of at least 40 live regular wagering
  201  performances during the preceding year. For a permitholder which
  202  is restricted by statute to certain operating periods within the
  203  year when other members of its same class of permit are
  204  authorized to operate throughout the year, the specified number
  205  of live performances which constitute a full schedule of live
  206  racing or games shall be adjusted pro rata in accordance with
  207  the relationship between its authorized operating period and the
  208  full calendar year and the resulting specified number of live
  209  performances shall constitute the full schedule of live games
  210  for such permitholder and all other permitholders of the same
  211  class within 100 air miles of such permitholder. A live
  212  performance must consist of no fewer than eight races or games
  213  conducted live for each of a minimum of three performances each
  214  week at the permitholder’s licensed facility under a single
  215  admission charge.
  216         (17) “Intertrack wager” or “intertrack wagering” means a
  217  particular form of pari-mutuel wagering in which wagers are
  218  accepted at a permitted, in-state track, fronton, or pari-mutuel
  219  facility on a race or game transmitted from and performed live
  220  at, or simulcast signal rebroadcast from, another in-state pari
  221  mutuel facility.
  222         (20) “Meet” or “meeting” means the conduct of live racing
  223  or jai alai, or wagering on intertrack or simulcast events, for
  224  any stake, purse, prize, or premium.
  225         (21) “Operating day” means a continuous period of 24 hours
  226  starting with the beginning of the first performance of a race
  227  or game, even though the operating day may start during one
  228  calendar day and extend past midnight except that no greyhound
  229  race or jai alai game may commence after 1:30 a.m.
  230         (22) “Pari-mutuel” or “pari-mutuel wagering” means a system
  231  of betting on races or games in which the winners divide the
  232  total amount bet, after deducting management expenses and taxes,
  233  in proportion to the sums they have wagered individually and
  234  with regard to the odds assigned to particular outcomes.
  235         (23) “Pari-mutuel facility” means the grounds or property
  236  of a cardroom, racetrack, fronton, or other facility used by a
  237  licensed permitholder for the conduct of pari-mutuel wagering.
  238         (24)“Permitholder” or “permittee” means a holder of a
  239  permit to conduct pari-mutuel wagering in this state as
  240  authorized in this chapter.
  241         (27)(26) “Post time” means the time set for the arrival at
  242  the starting point of the horses or greyhounds in a race or the
  243  beginning of a game in jai alai.
  244         (29)“Racing greyhound” means a greyhound that is or was
  245  used, or is being bred, raised, or trained to be used, in racing
  246  at a pari-mutuel facility and is registered with the National
  247  Greyhound Association.
  248         (31) “Same class of races, games, or permit” means, with
  249  respect to a jai alai permitholder, jai alai games or other jai
  250  alai permitholders; with respect to a greyhound permitholder,
  251  greyhound races or other greyhound permitholders conducting
  252  pari-mutuel wagering; with respect to a thoroughbred
  253  permitholder, thoroughbred races or other thoroughbred
  254  permitholders; with respect to a harness permitholder, harness
  255  races or other harness permitholders; with respect to a quarter
  256  horse permitholder, quarter horse races or other quarter horse
  257  permitholders.
  258         Section 2. Section 550.0115, Florida Statutes, is amended
  259  to read:
  260         550.0115 Permitholder operating license.—After a permit has
  261  been issued by the division, and after the permit has been
  262  approved by election, the division shall issue to the
  263  permitholder an annual operating license to conduct pari-mutuel
  264  wagering operations at the location specified in the permit
  265  pursuant to the provisions of this chapter.
  266         Section 3. Section 550.01215, Florida Statutes, is amended
  267  to read:
  268         550.01215 License application; periods of operation;
  269  license fees; bond, conversion of permit.—
  270         (1) Each permitholder shall annually, during the period
  271  between December 15 and January 4, file in writing with the
  272  division its application for an operating a license for a pari
  273  mutuel facility for the conduct of pari-mutuel wagering during
  274  the next state fiscal year, including intertrack and simulcast
  275  race wagering to conduct performances during the next state
  276  fiscal year. Each application for live performances must shall
  277  specify the number, dates, and starting times of all live
  278  performances that which the permitholder intends to conduct. It
  279  must shall also specify which performances will be conducted as
  280  charity or scholarship performances.
  281         (a)In addition, Each application for an operating a
  282  license also must shall include:,
  283         1. For each permitholder, whether the permitholder intends
  284  to accept wagers on intertrack or simulcast events.
  285         2.For each permitholder that which elects to operate a
  286  cardroom, the dates and periods of operation the permitholder
  287  intends to operate the cardroom. or,
  288         3. For each thoroughbred racing permitholder that which
  289  elects to receive or rebroadcast out-of-state races after 7
  290  p.m., the dates for all performances that which the permitholder
  291  intends to conduct.
  292         (b)1.A greyhound permitholder may not conduct live racing.
  293  A jai alai permitholder, harness horse racing permitholder, or
  294  quarter horse racing permitholder may elect not to conduct live
  295  racing or games. A thoroughbred permitholder must conduct live
  296  racing. A greyhound permitholder, jai alai permitholder, harness
  297  horse racing permitholder, or quarter horse racing permitholder
  298  that does not conduct live racing or games retains its permit;
  299  is a pari-mutuel facility as defined in s. 550.002(23); if such
  300  permitholder has been issued a slot machine license, the
  301  facility where such permit is located remains an eligible
  302  facility as defined in s. 551.102(4), continues to be eligible
  303  for a slot machine license pursuant to s. 551.104(3), and is
  304  exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
  305  eligible, but not required, to be a guest track and, if the
  306  permitholder is a harness horse racing permitholder, to be a
  307  host track for purposes of intertrack wagering and simulcasting
  308  pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
  309  remains eligible for a cardroom license.
  310         2.A permitholder or licensee may not conduct live
  311  greyhound racing or dogracing in connection with any wager for
  312  money or any other thing of value in the state. The division may
  313  deny, suspend, or revoke any permit or license under this
  314  chapter if a permitholder or licensee conducts live greyhound
  315  racing or dogracing in violation of this subparagraph. In
  316  addition to, or in lieu of, denial, suspension, or revocation of
  317  such permit or license, the division may impose a civil penalty
  318  of up to $5,000 against the permitholder or licensee for a
  319  violation of this subparagraph. All penalties imposed and
  320  collected must be deposited with the Chief Financial Officer to
  321  the credit of the General Revenue Fund.
  322         (c) Permitholders may shall be entitled to amend their
  323  applications through February 28.
  324         (d)Notwithstanding any other provision of law, other than
  325  a permitholder issued a permit pursuant to s. 550.3345, a pari
  326  mutuel permitholder may not be issued an operating license for
  327  the conduct of pari-mutuel wagering, slot machine gaming, or the
  328  operation of a cardroom if the permitholder did not hold an
  329  operating license for the conduct of pari-mutuel wagering for
  330  fiscal year 2020-2021.
  331         (2) After the first license has been issued to a
  332  permitholder, all subsequent annual applications for a license
  333  shall be accompanied by proof, in such form as the division may
  334  by rule require, that the permitholder continues to possess the
  335  qualifications prescribed by this chapter, and that the permit
  336  has not been disapproved at a later election.
  337         (3) The division shall issue each license no later than
  338  March 15. Each permitholder shall operate all performances at
  339  the date and time specified on its license. The division shall
  340  have the authority to approve minor changes in racing dates
  341  after a license has been issued. The division may approve
  342  changes in racing dates after a license has been issued when
  343  there is no objection from any operating permitholder that is
  344  conducting live racing or games and that is located within 50
  345  miles of the permitholder requesting the changes in operating
  346  dates. In the event of an objection, the division shall approve
  347  or disapprove the change in operating dates based upon the
  348  impact on operating permitholders located within 50 miles of the
  349  permitholder requesting the change in operating dates. In making
  350  the determination to change racing dates, the division shall
  351  take into consideration the impact of such changes on state
  352  revenues. Notwithstanding any other provision of law, and for
  353  the 2021-2022 state fiscal year only, the division may approve
  354  changes in operating dates for a jai alai permitholder, harness
  355  horse racing permitholder, or quarter horse racing permitholder
  356  if the request for such changes is received before October 1,
  357  2021.
  358         (4) In the event that a permitholder fails to operate all
  359  performances specified on its license at the date and time
  360  specified, the division shall hold a hearing to determine
  361  whether to fine or suspend the permitholder’s license, unless
  362  such failure was the direct result of fire, strike, war,
  363  hurricane, pandemic, or other disaster or event beyond the
  364  ability of the permitholder to control. Financial hardship to
  365  the permitholder shall not, in and of itself, constitute just
  366  cause for failure to operate all performances on the dates and
  367  at the times specified.
  368         (5) In the event that performances licensed to be operated
  369  by a permitholder are vacated, abandoned, or will not be used
  370  for any reason, any permitholder shall be entitled, pursuant to
  371  rules adopted by the division, to apply to conduct performances
  372  on the dates for which the performances have been abandoned. The
  373  division shall issue an amended license for all such replacement
  374  performances which have been requested in compliance with the
  375  provisions of this chapter and division rules.
  376         (6)Any permit which was converted from a jai alai permit
  377  to a greyhound permit may be converted to a jai alai permit at
  378  any time if the permitholder never conducted greyhound racing or
  379  if the permitholder has not conducted greyhound racing for a
  380  period of 12 consecutive months.
  381         Section 4. Section 550.0235, Florida Statutes, is amended
  382  to read:
  383         550.0235 Limitation of civil liability.—No permitholder
  384  licensed to conduct pari-mutuel wagering permittee conducting a
  385  racing meet pursuant to the provisions of this chapter; no
  386  division director or employee of the division; and no steward,
  387  judge, or other person appointed to act pursuant to this chapter
  388  shall be held liable to any person, partnership, association,
  389  corporation, or other business entity for any cause whatsoever
  390  arising out of, or from, the performance by such permittee,
  391  director, employee, steward, judge, or other person of her or
  392  his duties and the exercise of her or his discretion with
  393  respect to the implementation and enforcement of the statutes
  394  and rules governing the conduct of pari-mutuel wagering, so long
  395  as she or he acted in good faith. This section shall not limit
  396  liability in any situation in which the negligent maintenance of
  397  the premises or the negligent conduct of a race contributed to
  398  an accident; nor shall it limit any contractual liability.
  399         Section 5. Subsections (1) and (7) of section 550.0351,
  400  Florida Statutes, are amended to read:
  401         550.0351 Charity racing days.—
  402         (1) The division shall, upon the request of a permitholder,
  403  authorize each horseracing permitholder, dogracing permitholder,
  404  and jai alai permitholder up to five charity or scholarship days
  405  in addition to the regular racing days authorized by law.
  406         (7)In addition to the charity days authorized by this
  407  section, any dogracing permitholder may allow its facility to be
  408  used for conducting “hound dog derbies” or “mutt derbies” on any
  409  day during each racing season by any charitable, civic, or
  410  nonprofit organization for the purpose of conducting “hound dog
  411  derbies” or “mutt derbies” if only dogs other than those usually
  412  used in dogracing (greyhounds) are permitted to race and if
  413  adults and minors are allowed to participate as dog owners or
  414  spectators. During these racing events, betting, gambling, and
  415  the sale or use of alcoholic beverages is prohibited.
  416         Section 6. Subsection (4) of section 550.0425, Florida
  417  Statutes, is amended to read:
  418         550.0425 Minors attendance at pari-mutuel performances;
  419  restrictions.—
  420         (4)Minor children of licensed greyhound trainers, kennel
  421  operators, or other licensed persons employed in the kennel
  422  compound areas may be granted access to kennel compound areas
  423  without being licensed, provided they are in no way employed
  424  unless properly licensed, and only when under the direct
  425  supervision of one of their parents or legal guardian.
  426         Section 7. Subsection (2) of section 550.054, Florida
  427  Statutes, is amended, paragraph (c) is added to subsection (9)
  428  of that section, and subsection (15) is added to that section,
  429  to read:
  430         550.054 Application for permit to conduct pari-mutuel
  431  wagering.—
  432         (2) Upon each application filed and approved, a permit
  433  shall be issued to the applicant setting forth the name of the
  434  permitholder, the location of the pari-mutuel facility, the type
  435  of pari-mutuel activity desired to be conducted, and a statement
  436  showing qualifications of the applicant to conduct pari-mutuel
  437  performances under this chapter; however, a permit is
  438  ineffectual to authorize any pari-mutuel performances until
  439  approved by a majority of the electors participating in a
  440  ratification election in the county in which the applicant
  441  proposes to conduct pari-mutuel wagering activities. In
  442  addition, an application may not be considered, nor may a permit
  443  be issued by the division or be voted upon in any county, to
  444  conduct horseraces, harness horse races, or pari-mutuel wagering
  445  dograces at a location within 100 miles of an existing pari
  446  mutuel facility, or for jai alai within 50 miles of an existing
  447  pari-mutuel facility; this distance shall be measured on a
  448  straight line from the nearest property line of one pari-mutuel
  449  facility to the nearest property line of the other facility.
  450         (9)
  451         (c)The division shall revoke the permit of any
  452  permitholder, other than a permitholder issued a permit pursuant
  453  to s. 550.3345, who did not hold an operating license for the
  454  conduct of pari-mutuel wagering for fiscal year 2020-2021. A
  455  permit revoked under this paragraph is void and may not be
  456  reissued.
  457         (15)(a)Notwithstanding any other provision of law, a
  458  permit for the conduct of pari-mutuel wagering and associated
  459  cardroom or slot machine licenses may only be held by a
  460  permitholder who held an operating license for the conduct of
  461  pari-mutuel wagering for fiscal year 2020-2021 or who holds a
  462  permit issued pursuant to s. 550.3345;
  463         (b)All permits issued under this chapter held by
  464  permitholders on January 1, 2021, are deemed valid for the sole
  465  and exclusive purpose of satisfying all conditions for the valid
  466  issuance of the permits, if such permitholder held an operating
  467  license for the conduct of pari-mutuel wagering for fiscal year
  468  2020-2021 or if such permitholder held a permit issued pursuant
  469  to s. 550.3345;
  470         (c)Additional permits for the conduct of pari-mutuel
  471  wagering may not be approved or issued by the division after
  472  January 1, 2021; and
  473         (d)A permit to conduct pari-mutuel wagering may not be
  474  converted to another class of permit.
  475         Section 8. Subsection (6) is added to section 550.0651,
  476  Florida Statutes, to read:
  477         550.0651 Elections for ratification of permits; municipal
  478  prohibitions.—
  479         (6) Notwithstanding any other provision of law, a
  480  municipality may prohibit the establishment of a pari-mutuel
  481  facility on or after July 1, 2021, in its jurisdiction. This
  482  subsection does not apply to a permitholder who held an
  483  operating license for the conduct of pari-mutuel wagering for
  484  fiscal year 2020-2021 in the municipality’s jurisdiction or to a
  485  pari-mutuel facility that was previously approved by the
  486  municipality.
  487         Section 9. Section 550.0745, Florida Statutes, is amended
  488  to read:
  489         550.0745 Conversion of pari-mutuel permit to Summer jai
  490  alai permit periods of operation.—A permitholder issued a permit
  491  under former subsection (1) of this section, Florida Statutes
  492  2020, for the operation of a jai alai fronton during the summer
  493  season may conduct pari-mutuel wagering throughout the year
  494         (1) The owner or operator of a pari-mutuel permit who is
  495  authorized by the division to conduct pari-mutuel pools on
  496  exhibition sports in any county having five or more such pari
  497  mutuel permits and whose mutuel play from the operation of such
  498  pari-mutuel pools for the 2 consecutive years next prior to
  499  filing an application under this section has had the smallest
  500  play or total pool within the county may apply to the division
  501  to convert its permit to a permit to conduct a summer jai alai
  502  fronton in such county during the summer season commencing on
  503  May 1 and ending on November 30 of each year on such dates as
  504  may be selected by such permittee for the same number of days
  505  and performances as are allowed and granted to winter jai alai
  506  frontons within such county. If a permittee who is eligible
  507  under this section to convert a permit declines to convert, a
  508  new permit is hereby made available in that permittee’s county
  509  to conduct summer jai alai games as provided by this section,
  510  notwithstanding mileage and permit ratification requirements. If
  511  a permittee converts a quarter horse permit pursuant to this
  512  section, nothing in this section prohibits the permittee from
  513  obtaining another quarter horse permit. Such permittee shall pay
  514  the same taxes as are fixed and required to be paid from the
  515  pari-mutuel pools of winter jai alai permittees and is bound by
  516  all of the rules and provisions of this chapter which apply to
  517  the operation of winter jai alai frontons. Such permittee shall
  518  only be permitted to operate a jai alai fronton after its
  519  application has been submitted to the division and its license
  520  has been issued pursuant to the application. The license is
  521  renewable from year to year as provided by law.
  522         (2) Such permittee is entitled to the issuance of a license
  523  for the operation of a jai alai fronton during the summer season
  524  as fixed in this section. A permittee granted a license under
  525  this section may not conduct pari-mutuel pools during the summer
  526  season except at a jai alai fronton as provided in this section.
  527  Such license authorizes the permittee to operate at any jai alai
  528  permittee’s plant it may lease or build within such county.
  529         (3) Such license for the operation of a jai alai fronton
  530  shall never be permitted to be operated during the jai alai
  531  winter season; and neither the jai alai winter licensee or the
  532  jai alai summer licensee shall be permitted to operate on the
  533  same days or in competition with each other. This section does
  534  not prevent the summer jai alai permittee from leasing the
  535  facilities of the winter jai alai permittee for the operation of
  536  the summer meet.
  537         (4) The provisions of this chapter which prohibit the
  538  location and operation of jai alai frontons within a specified
  539  distance from the location of another jai alai fronton or other
  540  permittee and which prohibit the division from granting any
  541  permit at a location within a certain designated area do not
  542  apply to the provisions of this section and do not prevent the
  543  issuance of a license under this section.
  544         Section 10. Subsection (4) of section 550.09511, Florida
  545  Statutes, is amended to read:
  546         550.09511 Jai alai taxes; abandoned interest in a permit
  547  for nonpayment of taxes.—
  548         (4)A jai alai permitholder conducting fewer than 100 live
  549  performances in any calendar year shall pay to the state the
  550  same aggregate amount of daily license fees on live jai alai
  551  games, admissions tax, and tax on live handle as that
  552  permitholder paid to the state during the most recent prior
  553  calendar year in which the jai alai permitholder conducted at
  554  least 100 live performances.
  555         Section 11. Paragraph (a) of subsection (3) of section
  556  550.09512, Florida Statutes, is amended to read:
  557         550.09512 Harness horse taxes; abandoned interest in a
  558  permit for nonpayment of taxes.—
  559         (3)(a) The permit of a harness horse permitholder who is
  560  conducting live harness horse performances and who does not pay
  561  tax on handle for any such live harness horse performances
  562  conducted for a full schedule of live races during any 2
  563  consecutive state fiscal years shall be void and may not be
  564  reissued shall escheat to and become the property of the state
  565  unless such failure to operate and pay tax on handle was the
  566  direct result of fire, strike, war, hurricane, pandemic, or
  567  other disaster or event beyond the ability of the permitholder
  568  to control. Financial hardship to the permitholder shall not, in
  569  and of itself, constitute just cause for failure to operate and
  570  pay tax on handle.
  571         Section 12. Subsections (2) and (9) of section 550.105,
  572  Florida Statutes, are amended to read:
  573         550.105 Occupational licenses of racetrack employees; fees;
  574  denial, suspension, and revocation of license; penalties and
  575  fines.—
  576         (2)(a) The following licenses shall be issued to persons or
  577  entities with access to the backside, racing animals, jai alai
  578  players’ room, jockeys’ room, drivers’ room, totalisator room,
  579  the mutuels, or money room, or to persons who, by virtue of the
  580  position they hold, might be granted access to these areas or to
  581  any other person or entity in one of the following categories
  582  and with fees not to exceed the following amounts for any 12
  583  month period:
  584         1. Business licenses: any business such as a vendor,
  585  contractual concessionaire, contract kennel, business owning
  586  racing animals, trust or estate, totalisator company, stable
  587  name, or other fictitious name: $50.
  588         2. Professional occupational licenses: professional persons
  589  with access to the backside of a racetrack or players’ quarters
  590  in jai alai such as trainers, officials, veterinarians, doctors,
  591  nurses, EMT’s, jockeys and apprentices, drivers, jai alai
  592  players, owners, trustees, or any management or officer or
  593  director or shareholder or any other professional-level person
  594  who might have access to the jockeys’ room, the drivers’ room,
  595  the backside, racing animals, kennel compound, or managers or
  596  supervisors requiring access to mutuels machines, the money
  597  room, or totalisator equipment: $40.
  598         3. General occupational licenses: general employees with
  599  access to the jockeys’ room, the drivers’ room, racing animals,
  600  the backside of a racetrack or players’ quarters in jai alai,
  601  such as grooms, kennel helpers, leadouts, pelota makers, cesta
  602  makers, or ball boys, or a practitioner of any other occupation
  603  who would have access to the animals or, the backside, or the
  604  kennel compound, or who would provide the security or
  605  maintenance of these areas, or mutuel employees, totalisator
  606  employees, money-room employees, or any employee with access to
  607  mutuels machines, the money room, or totalisator equipment or
  608  who would provide the security or maintenance of these areas:
  609  $10.
  610  
  611  The individuals and entities that are licensed under this
  612  paragraph require heightened state scrutiny, including the
  613  submission by the individual licensees or persons associated
  614  with the entities described in this chapter of fingerprints for
  615  a Federal Bureau of Investigation criminal records check.
  616         (b) The division shall adopt rules pertaining to pari
  617  mutuel occupational licenses, licensing periods, and renewal
  618  cycles.
  619         (9) The tax imposed by this section is in lieu of all
  620  license, excise, or occupational taxes to the state or any
  621  county, municipality, or other political subdivision, except
  622  that, if a race meeting or game is held or conducted in a
  623  municipality, the municipality may assess and collect an
  624  additional tax against any person conducting live racing or
  625  games within its corporate limits, which tax may not exceed $150
  626  per day for horseracing or $50 per day for dogracing or jai
  627  alai. Except as provided in this chapter, a municipality may not
  628  assess or collect any additional excise or revenue tax against
  629  any person conducting race meetings within the corporate limits
  630  of the municipality or against any patron of any such person.
  631         Section 13. Section 550.1155, Florida Statutes, is amended
  632  to read:
  633         550.1155 Authority of stewards, judges, panel of judges, or
  634  player’s manager to impose penalties against occupational
  635  licensees; disposition of funds collected.—
  636         (1) The stewards at a horse racetrack; the judges at a dog
  637  track; or the judges, a panel of judges, or a player’s manager
  638  at a jai alai fronton may impose a civil penalty against any
  639  occupational licensee for violation of the pari-mutuel laws or
  640  any rule adopted by the division. The penalty may not exceed
  641  $1,000 for each count or separate offense or exceed 60 days of
  642  suspension for each count or separate offense.
  643         (2) All penalties imposed and collected pursuant to this
  644  section at each horse or dog racetrack or jai alai fronton shall
  645  be deposited into a board of relief fund established by the
  646  pari-mutuel permitholder. Each association shall name a board of
  647  relief composed of three of its officers, with the general
  648  manager of the permitholder being the ex officio treasurer of
  649  such board. Moneys deposited into the board of relief fund shall
  650  be disbursed by the board for the specific purpose of aiding
  651  occupational licenseholders and their immediate family members
  652  at each pari-mutuel facility.
  653         Section 14. Section 550.1647, Florida Statutes, is amended
  654  to read:
  655         550.1647 Greyhound permitholders; unclaimed tickets;
  656  breaks.—All money or other property represented by any
  657  unclaimed, uncashed, or abandoned pari-mutuel ticket which has
  658  remained in the custody of or under the control of any greyhound
  659  permitholder authorized to conduct greyhound racing pari-mutuel
  660  wagering pools in this state for a period of 1 year after the
  661  date the pari-mutuel ticket was issued, if the rightful owner or
  662  owners thereof have made no claim or demand for such money or
  663  other property within that period of time, shall, with respect
  664  to live races conducted by the permitholder, be remitted to the
  665  state pursuant to s. 550.1645; however, such permitholder shall
  666  be entitled to a credit in each state fiscal year in an amount
  667  equal to the actual amount remitted in the prior state fiscal
  668  year which may be applied against any taxes imposed pursuant to
  669  this chapter. In addition, each permitholder shall pay, from any
  670  source, including the proceeds from performances conducted
  671  pursuant to s. 550.0351, an amount not less than 10 percent of
  672  the amount of the credit provided by this section to any bona
  673  fide organization that promotes or encourages the adoption of
  674  greyhounds. As used in this chapter, the term “bona fide
  675  organization that promotes or encourages the adoption of
  676  greyhounds” means any organization that provides evidence of
  677  compliance with chapter 496 and possesses a valid exemption from
  678  federal taxation issued by the Internal Revenue Service. Such
  679  bona fide organization, as a condition of adoption, must provide
  680  sterilization of greyhounds by a licensed veterinarian before
  681  relinquishing custody of the greyhound to the adopter. The fee
  682  for sterilization may be included in the cost of adoption.
  683         Section 15. Section 550.1648, Florida Statutes, is
  684  repealed.
  685         Section 16. Section 550.175, Florida Statutes, is amended
  686  to read:
  687         550.175 Petition for election to revoke permit.—Upon
  688  petition of 20 percent of the qualified electors of any county
  689  wherein any pari-mutuel wagering racing has been licensed and
  690  conducted under this chapter, the county commissioners of such
  691  county shall provide for the submission to the electors of such
  692  county at the then next succeeding general election the question
  693  of whether any permit or permits theretofore granted shall be
  694  continued or revoked, and if a majority of the electors voting
  695  on such question in such election vote to cancel or recall the
  696  permit theretofore given, the division may not thereafter grant
  697  any license on the permit so recalled. Every signature upon
  698  every recall petition must be signed in the presence of the
  699  clerk of the board of county commissioners at the office of the
  700  clerk of the circuit court of the county, and the petitioner
  701  must present at the time of such signing her or his registration
  702  receipt showing the petitioner’s qualification as an elector of
  703  the county at the time of the signing of the petition. Not more
  704  than one permit may be included in any one petition; and, in all
  705  elections in which the recall of more than one permit is voted
  706  on, the voters shall be given an opportunity to vote for or
  707  against the recall of each permit separately. Nothing in this
  708  chapter shall be construed to prevent the holding of later
  709  referendum or recall elections.
  710         Section 17. Subsection (1) of section 550.1815, Florida
  711  Statutes, is amended to read:
  712         550.1815 Certain persons prohibited from holding racing or
  713  jai alai permits; suspension and revocation.—
  714         (1) A corporation, general or limited partnership, sole
  715  proprietorship, business trust, joint venture, or unincorporated
  716  association, or other business entity may not hold any
  717  horseracing or greyhound dogracing permit or jai alai fronton
  718  permit in this state if any one of the persons or entities
  719  specified in paragraph (a) has been determined by the division
  720  not to be of good moral character or has been convicted of any
  721  offense specified in paragraph (b).
  722         (a)1. The permitholder;
  723         2. An employee of the permitholder;
  724         3. The sole proprietor of the permitholder;
  725         4. A corporate officer or director of the permitholder;
  726         5. A general partner of the permitholder;
  727         6. A trustee of the permitholder;
  728         7. A member of an unincorporated association permitholder;
  729         8. A joint venturer of the permitholder;
  730         9. The owner of more than 5 percent of any equity interest
  731  in the permitholder, whether as a common shareholder, general or
  732  limited partner, voting trustee, or trust beneficiary; or
  733         10. An owner of any interest in the permit or permitholder,
  734  including any immediate family member of the owner, or holder of
  735  any debt, mortgage, contract, or concession from the
  736  permitholder, who by virtue thereof is able to control the
  737  business of the permitholder.
  738         (b)1. A felony in this state;
  739         2. Any felony in any other state which would be a felony if
  740  committed in this state under the laws of this state;
  741         3. Any felony under the laws of the United States;
  742         4. A felony under the laws of another state if related to
  743  gambling which would be a felony under the laws of this state if
  744  committed in this state; or
  745         5. Bookmaking as defined in s. 849.25.
  746         Section 18. Subsection (2) of section 550.24055, Florida
  747  Statutes, is amended to read:
  748         550.24055 Use of controlled substances or alcohol
  749  prohibited; testing of certain occupational licensees; penalty;
  750  evidence of test or action taken and admissibility for criminal
  751  prosecution limited.—
  752         (2) The occupational licensees, by applying for and holding
  753  such licenses, are deemed to have given their consents to submit
  754  to an approved chemical test of their breath for the purpose of
  755  determining the alcoholic content of their blood and to a urine
  756  or blood test for the purpose of detecting the presence of
  757  controlled substances. Such tests shall only be conducted upon
  758  reasonable cause that a violation has occurred as shall be
  759  determined solely by the stewards at a horseracing meeting or
  760  the judges or board of judges at a dogtrack or jai alai meet.
  761  The failure to submit to such test may result in a suspension of
  762  the person’s occupational license for a period of 10 days or
  763  until this section has been complied with, whichever is longer.
  764         (a) If there was at the time of the test 0.05 percent or
  765  less by weight of alcohol in the person’s blood, the person is
  766  presumed not to have been under the influence of alcoholic
  767  beverages to the extent that the person’s normal faculties were
  768  impaired, and no action of any sort may be taken by the
  769  stewards, judges, or board of judges or the division.
  770         (b) If there was at the time of the test an excess of 0.05
  771  percent but less than 0.08 percent by weight of alcohol in the
  772  person’s blood, that fact does not give rise to any presumption
  773  that the person was or was not under the influence of alcoholic
  774  beverages to the extent that the person’s faculties were
  775  impaired, but the stewards, judges, or board of judges may
  776  consider that fact in determining whether or not the person will
  777  be allowed to officiate or participate in any given race or jai
  778  alai game.
  779         (c) If there was at the time of the test 0.08 percent or
  780  more by weight of alcohol in the person’s blood, that fact is
  781  prima facie evidence that the person was under the influence of
  782  alcoholic beverages to the extent that the person’s normal
  783  faculties were impaired, and the stewards or judges may take
  784  action as set forth in this section, but the person may not
  785  officiate at or participate in any race or jai alai game on the
  786  day of such test.
  787  
  788  All tests relating to alcohol must be performed in a manner
  789  substantially similar, or identical, to the provisions of s.
  790  316.1934 and rules adopted pursuant to that section. Following a
  791  test of the urine or blood to determine the presence of a
  792  controlled substance as defined in chapter 893, if a controlled
  793  substance is found to exist, the stewards, judges, or board of
  794  judges may take such action as is permitted in this section.
  795         Section 19. Paragraph (d) of subsection (5), paragraphs (b)
  796  and (c) of subsection (6), paragraph (a) of subsection (9), and
  797  subsection (13) of section 550.2415, Florida Statutes, are
  798  amended to read:
  799         550.2415 Racing of animals under certain conditions
  800  prohibited; penalties; exceptions.—
  801         (5) The division shall implement a split-sample procedure
  802  for testing animals under this section.
  803         (d)For the testing of a racing greyhound, if there is an
  804  insufficient quantity of the secondary (split) sample for
  805  confirmation of the division laboratory’s positive result, the
  806  division may commence administrative proceedings as prescribed
  807  in this chapter and consistent with chapter 120.
  808         (6)
  809         (b)The division shall, by rule, establish the procedures
  810  for euthanizing greyhounds. However, a greyhound may not be put
  811  to death by any means other than by lethal injection of the drug
  812  sodium pentobarbital. A greyhound may not be removed from this
  813  state for the purpose of being destroyed.
  814         (c)It is a violation of this chapter for an occupational
  815  licensee to train a greyhound using live or dead animals. A
  816  greyhound may not be taken from this state for the purpose of
  817  being trained through the use of live or dead animals.
  818         (9)(a) The division may conduct a postmortem examination of
  819  any animal that is injured at a permitted racetrack while in
  820  training or in competition and that subsequently expires or is
  821  destroyed. The division may conduct a postmortem examination of
  822  any animal that expires while housed at a permitted racetrack,
  823  association compound, or licensed kennel or farm. Trainers and
  824  owners shall be requested to comply with this paragraph as a
  825  condition of licensure.
  826         (13)The division may implement by rule medication levels
  827  for racing greyhounds recommended by the University of Florida
  828  College of Veterinary Medicine developed pursuant to an
  829  agreement between the Division of Pari-mutuel Wagering and the
  830  University of Florida College of Veterinary Medicine. The
  831  University of Florida College of Veterinary Medicine may provide
  832  written notification to the division that it has completed
  833  research or review on a particular drug pursuant to the
  834  agreement and when the College of Veterinary Medicine has
  835  completed a final report of its findings, conclusions, and
  836  recommendations to the division.
  837         Section 20. Subsection (8) of section 550.334, Florida
  838  Statutes, is amended to read:
  839         550.334 Quarter horse racing; substitutions.—
  840         (8) To be eligible to conduct intertrack wagering, a
  841  quarter horse racing permitholder must have conducted a full
  842  schedule of live racing in the preceding year.
  843         Section 21. Paragraphs (a) and (e) of subsection (2) and
  844  subsection (3) of section 550.3345, Florida Statutes, are
  845  amended to read:
  846         550.3345 Conversion of quarter horse permit to a limited
  847  thoroughbred permit.—
  848         (2) Notwithstanding any other provision of law, the holder
  849  of a quarter horse racing permit issued under s. 550.334 may,
  850  within 1 year after the effective date of this section, apply to
  851  the division for a transfer of the quarter horse racing permit
  852  to a not-for-profit corporation formed under state law to serve
  853  the purposes of the state as provided in subsection (1). The
  854  board of directors of the not-for-profit corporation must be
  855  comprised of 11 members, 4 of whom shall be designated by the
  856  applicant, 4 of whom shall be designated by the Florida
  857  Thoroughbred Breeders’ Association, and 3 of whom shall be
  858  designated by the other 8 directors, with at least 1 of these 3
  859  members being an authorized representative of another
  860  thoroughbred permitholder in this state. The not-for-profit
  861  corporation shall submit an application to the division for
  862  review and approval of the transfer in accordance with s.
  863  550.054. Upon approval of the transfer by the division, and
  864  notwithstanding any other provision of law to the contrary, the
  865  not-for-profit corporation may, within 1 year after its receipt
  866  of the permit, request that the division convert the quarter
  867  horse racing permit to a permit authorizing the holder to
  868  conduct pari-mutuel wagering meets of thoroughbred racing.
  869  Neither the transfer of the quarter horse racing permit nor its
  870  conversion to a limited thoroughbred permit shall be subject to
  871  the mileage limitation or the ratification election as set forth
  872  under s. 550.054(2) or s. 550.0651. Upon receipt of the request
  873  for such conversion, the division shall timely issue a converted
  874  permit. The converted permit and the not-for-profit corporation
  875  shall be subject to the following requirements:
  876         (a) All net revenues derived by the not-for-profit
  877  corporation under the thoroughbred horse racing permit and any
  878  license issued to the not-for-profit corporation under chapter
  879  849, after the funding of operating expenses and capital
  880  improvements, shall be dedicated to the enhancement of
  881  thoroughbred purses and breeders’, stallion, and special racing
  882  awards under this chapter; the general promotion of the
  883  thoroughbred horse breeding industry; and the care in this state
  884  of thoroughbred horses retired from racing.
  885         (e) A No permit converted under this section and a license
  886  issued to the not-for-profit corporation under chapter 849 are
  887  not is eligible for transfer to another person or entity.
  888         (3) Unless otherwise provided in this section, after
  889  conversion, the permit and the not-for-profit corporation shall
  890  be treated under the laws of this state as a thoroughbred permit
  891  and as a thoroughbred permitholder, respectively, with the
  892  exception of ss. 550.09515(3) and 550.6308 s. 550.09515(3).
  893         Section 22. Subsections (2) and (4), paragraph (a) of
  894  subsection (6), and subsection (11) of section 550.3551, Florida
  895  Statutes, are amended to read:
  896         550.3551 Transmission of racing and jai alai information;
  897  commingling of pari-mutuel pools.—
  898         (2) Any horse track, dog track, or fronton licensed under
  899  this chapter may transmit broadcasts of races or games conducted
  900  at the enclosure of the licensee to locations outside this
  901  state.
  902         (a) All broadcasts of horseraces transmitted to locations
  903  outside this state must comply with the provisions of the
  904  Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
  905  3001 et seq.
  906         (b) Wagers accepted by any out-of-state pari-mutuel
  907  permitholder or licensed betting system on a race broadcasted
  908  under this subsection may be, but are not required to be,
  909  included in the pari-mutuel pools of the horse track in this
  910  state that broadcasts the race upon which wagers are accepted.
  911  The handle, as referred to in s. 550.0951(3), does not include
  912  any wagers accepted by an out-of-state pari-mutuel permitholder
  913  or licensed betting system, irrespective of whether such wagers
  914  are included in the pari-mutuel pools of the Florida
  915  permitholder as authorized by this subsection.
  916         (4) Any greyhound permitholder or jai alai permitholder dog
  917  track or fronton licensed under this chapter may receive at its
  918  licensed location broadcasts of dograces or jai alai games
  919  conducted at other tracks or frontons located outside the state
  920  at the track enclosure of the licensee during its operational
  921  meeting. All forms of pari-mutuel wagering are allowed on
  922  dograces or jai alai games broadcast under this subsection. All
  923  money wagered by patrons on dograces broadcast under this
  924  subsection shall be computed in the amount of money wagered each
  925  performance for purposes of taxation under ss. 550.0951 and
  926  550.09511.
  927         (6)(a) A maximum of 20 percent of the total number of races
  928  on which wagers are accepted by a greyhound permitholder not
  929  located as specified in s. 550.615(6) may be received from
  930  locations outside this state. A permitholder conducting live
  931  races or games may not conduct fewer than eight live races or
  932  games on any authorized race day except as provided in this
  933  subsection. A thoroughbred permitholder may not conduct fewer
  934  than eight live races on any race day without the written
  935  approval of the Florida Thoroughbred Breeders’ Association and
  936  the Florida Horsemen’s Benevolent and Protective Association,
  937  Inc., unless it is determined by the department that another
  938  entity represents a majority of the thoroughbred racehorse
  939  owners and trainers in the state. If conducting live racing, a
  940  harness permitholder may conduct fewer than eight live races on
  941  any authorized race day, except that such permitholder must
  942  conduct a full schedule of live racing during its race meet
  943  consisting of at least eight live races per authorized race day
  944  for at least 100 days. Any harness horse permitholder that
  945  during the preceding racing season conducted a full schedule of
  946  live racing may, at any time during its current race meet,
  947  receive full-card broadcasts of harness horse races conducted at
  948  harness racetracks outside this state at the harness track of
  949  the permitholder and accept wagers on such harness races. With
  950  specific authorization from the division for special racing
  951  events, a permitholder may conduct fewer than eight live races
  952  or games when the permitholder also broadcasts out-of-state
  953  races or games. The division may not grant more than two such
  954  exceptions a year for a permitholder in any 12-month period, and
  955  those two exceptions may not be consecutive.
  956         (11) Greyhound permitholders tracks and jai alai
  957  permitholders frontons have the same privileges as provided in
  958  this section to horserace permitholders horse tracks, as
  959  applicable, subject to rules adopted under subsection (10).
  960         Section 23. Subsections (1) and (3) through (6) of section
  961  550.3615, Florida Statutes, are amended to read:
  962         550.3615 Bookmaking on the grounds of a permitholder;
  963  penalties; reinstatement; duties of track employees; penalty;
  964  exceptions.—
  965         (1) Any person who engages in bookmaking, as defined in s.
  966  849.25, on the grounds or property of a pari-mutuel facility
  967  commits permitholder of a horse or dog track or jai alai fronton
  968  is guilty of a felony of the third degree, punishable as
  969  provided in s. 775.082, s. 775.083, or s. 775.084.
  970  Notwithstanding the provisions of s. 948.01, any person
  971  convicted under the provisions of this subsection shall not have
  972  adjudication of guilt suspended, deferred, or withheld.
  973         (3) Any person who has been convicted of bookmaking in this
  974  state or any other state of the United States or any foreign
  975  country shall be denied admittance to and shall not attend any
  976  pari-mutuel facility racetrack or fronton in this state during
  977  its racing seasons or operating dates, including any practice or
  978  preparational days, for a period of 2 years after the date of
  979  conviction or the date of final appeal. Following the conclusion
  980  of the period of ineligibility, the director of the division may
  981  authorize the reinstatement of an individual following a hearing
  982  on readmittance. Any such person who knowingly violates this
  983  subsection commits is guilty of a misdemeanor of the first
  984  degree, punishable as provided in s. 775.082 or s. 775.083.
  985         (4) If the activities of a person show that this law is
  986  being violated, and such activities are either witnessed by or
  987  are common knowledge of by any pari-mutuel facility track or
  988  fronton employee, it is the duty of that employee to bring the
  989  matter to the immediate attention of the permitholder, manager,
  990  or her or his designee, who shall notify a law enforcement
  991  agency having jurisdiction. Willful failure by the pari-mutuel
  992  facility on the part of any track or fronton employee to comply
  993  with the provisions of this subsection is a ground for the
  994  division to suspend or revoke that employee’s license for pari
  995  mutuel facility track or fronton employment.
  996         (5) Each permittee shall display, in conspicuous places at
  997  a pari-mutuel facility track or fronton and in all race and jai
  998  alai daily programs, a warning to all patrons concerning the
  999  prohibition and penalties of bookmaking contained in this
 1000  section and s. 849.25. The division shall adopt rules concerning
 1001  the uniform size of all warnings and the number of placements
 1002  throughout a pari-mutuel facility track or fronton. Failure on
 1003  the part of the permittee to display such warnings may result in
 1004  the imposition of a $500 fine by the division for each offense.
 1005         (6) This section does not apply to any person attending a
 1006  track or fronton or employed by or attending a pari-mutuel
 1007  facility a track or fronton who places a bet through the
 1008  legalized pari-mutuel pool for another person, provided such
 1009  service is rendered gratuitously and without fee or other
 1010  reward.
 1011         Section 24. Effective October 1, 2021, section 550.3616,
 1012  Florida Statutes, is created to read:
 1013         550.3616Racing greyhounds or other dogs prohibited;
 1014  penalty.—A person authorized to conduct gaming or pari-mutuel
 1015  operations in this state may not race greyhounds or any member
 1016  of the Canis familiaris subspecies in connection with any wager
 1017  for money or any other thing of value in this state. A person
 1018  who violates this section commits a misdemeanor of the first
 1019  degree, punishable as provided in s. 775.082 or s. 775.083. A
 1020  person who commits a second or subsequent violation commits a
 1021  felony of the third degree, punishable as provided in s.
 1022  775.082, s. 775.083, or s. 775.084. Notwithstanding the
 1023  provisions of s. 948.01, any person convicted under this section
 1024  may not have adjudication of guilt suspended, deferred, or
 1025  withheld.
 1026         Section 25. Section 550.475, Florida Statutes, is amended
 1027  to read:
 1028         550.475 Lease of pari-mutuel facilities by pari-mutuel
 1029  permitholders.—Holders of valid pari-mutuel permits for the
 1030  conduct of any pari-mutuel wagering jai alai games, dogracing,
 1031  or thoroughbred and standardbred horse racing in this state are
 1032  entitled to lease any and all of their facilities to any other
 1033  holder of a same class valid pari-mutuel permit for jai alai
 1034  games, dogracing, or thoroughbred or standardbred horse racing,
 1035  when located within a 35-mile radius of each other; and such
 1036  lessee is entitled to a permit and license to conduct intertrack
 1037  wagering and operate its race meet or jai alai games at the
 1038  leased premises.
 1039         Section 26. Subsection (2) of section 550.5251, Florida
 1040  Statutes, is amended to read:
 1041         550.5251 Florida thoroughbred racing; certain permits;
 1042  operating days.—
 1043         (2) A thoroughbred racing permitholder may not begin any
 1044  race later than 7 p.m. Any thoroughbred permitholder in a county
 1045  in which the authority for cardrooms has been approved by the
 1046  board of county commissioners may operate a cardroom and, when
 1047  conducting live races during its current race meet, may receive
 1048  and rebroadcast out-of-state races after the hour of 7 p.m. on
 1049  any day during which the permitholder conducts live races.
 1050         Section 27. Subsections (1), (2), and (8) of section
 1051  550.615, Florida Statutes, are amended, and subsection (11) is
 1052  added to that section, to read:
 1053         550.615 Intertrack wagering.—
 1054         (1) Any thoroughbred horserace permitholder licensed under
 1055  this chapter which has conducted a full schedule of live racing
 1056  may, at any time, receive broadcasts of horseraces and accept
 1057  wagers on horseraces conducted by horserace permitholders
 1058  licensed under this chapter at its facility.
 1059         (2) Except as provided in subsection (1), a pari-mutuel
 1060  permitholder that has met the applicable requirement for that
 1061  permitholder to conduct live racing or games under s.
 1062  550.01215(1)(b), if any, for fiscal year 2020-2021 Any track or
 1063  fronton licensed under this chapter which in the preceding year
 1064  conducted a full schedule of live racing is qualified to, at any
 1065  time, receive broadcasts of any class of pari-mutuel race or
 1066  game and accept wagers on such races or games conducted by any
 1067  class of permitholders licensed under this chapter.
 1068         (8) In any three contiguous counties of the state where
 1069  there are only three permitholders, all of which are greyhound
 1070  permitholders, if any permitholder leases the facility of
 1071  another permitholder for all or any portion of the conduct of
 1072  its live race meet pursuant to s. 550.475, such lessee may
 1073  conduct intertrack wagering at its pre-lease permitted facility
 1074  throughout the entire year, including while its live meet is
 1075  being conducted at the leased facility, if such permitholder has
 1076  conducted a full schedule of live racing during the preceding
 1077  fiscal year at its pre-lease permitted facility or at a leased
 1078  facility, or combination thereof.
 1079         (11)Any greyhound permitholder licensed under this chapter
 1080  to conduct pari-mutuel wagering is qualified to, at any time,
 1081  receive broadcasts of any class of pari-mutuel race or game and
 1082  accept wagers on such races or games conducted by any class of
 1083  permitholders licensed under this chapter.
 1084         Section 28. Subsection (2) of section 550.6305, Florida
 1085  Statutes, is amended to read:
 1086         550.6305 Intertrack wagering; guest track payments;
 1087  accounting rules.—
 1088         (2) For the purposes of calculation of odds and payoffs and
 1089  distribution of the pari-mutuel pools, all intertrack wagers
 1090  shall be combined with the pari-mutuel pools at the host track.
 1091  Notwithstanding this subsection or subsection (4), a greyhound
 1092  pari-mutuel permitholder may conduct intertrack wagering without
 1093  combining pari-mutuel pools on not more than three races in any
 1094  week, not to exceed 20 races in a year. All other provisions
 1095  concerning pari-mutuel takeout and payments, including state tax
 1096  payments, apply as if the pool had been combined.
 1097         Section 29. Subsections (1), (4), and (5) of section
 1098  550.6308, Florida Statutes, are amended to read:
 1099         550.6308 Limited intertrack wagering license.—In
 1100  recognition of the economic importance of the thoroughbred
 1101  breeding industry to this state, its positive impact on tourism,
 1102  and of the importance of a permanent thoroughbred sales facility
 1103  as a key focal point for the activities of the industry, a
 1104  limited license to conduct intertrack wagering is established to
 1105  ensure the continued viability and public interest in
 1106  thoroughbred breeding in Florida.
 1107         (1) Upon application to the division on or before January
 1108  31 of each year, any person that is licensed to conduct public
 1109  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 1110  conducted at least 8 15 days of thoroughbred horse sales at a
 1111  permanent sales facility in this state for at least 3
 1112  consecutive years, and that has conducted at least 1 day of
 1113  nonwagering thoroughbred racing in this state, with a purse
 1114  structure of at least $250,000 per year for 2 consecutive years
 1115  before such application, shall be issued a license, subject to
 1116  the conditions set forth in this section, to conduct intertrack
 1117  wagering at such a permanent sales facility during the following
 1118  periods:
 1119         (a) Up to 21 days in connection with thoroughbred sales;
 1120         (b) Between November 1 and May 8;
 1121         (c) Between May 9 and October 31 at such times and on such
 1122  days as any thoroughbred, jai alai, or a greyhound permitholder
 1123  in the same county is not conducting live performances; provided
 1124  that any such permitholder may waive this requirement, in whole
 1125  or in part, and allow the licensee under this section to conduct
 1126  intertrack wagering during one or more of the permitholder’s
 1127  live performances; and
 1128         (d) During the weekend of the Kentucky Derby, the
 1129  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 1130  conducted before November 1 and after May 8.
 1131  
 1132  No more than one such license may be issued, and no such license
 1133  may be issued for a facility located within 50 miles of any
 1134  thoroughbred permitholder’s track.
 1135         (4) Intertrack wagering under this section may be conducted
 1136  only on thoroughbred horse racing, except that intertrack
 1137  wagering may be conducted on any class of pari-mutuel race or
 1138  game conducted by any class of permitholders licensed under this
 1139  chapter if all thoroughbred, jai alai, and greyhound
 1140  permitholders in the same county as the licensee under this
 1141  section give their consent.
 1142         (5) The licensee shall be considered a guest track under
 1143  this chapter. The licensee shall pay 2.5 percent of the total
 1144  contributions to the daily pari-mutuel pool on wagers accepted
 1145  at the licensee’s facility on greyhound races or jai alai games
 1146  to the thoroughbred permitholder that is conducting live races
 1147  for purses to be paid during its current racing meet. If more
 1148  than one thoroughbred permitholder is conducting live races on a
 1149  day during which the licensee is conducting intertrack wagering
 1150  on greyhound races or jai alai games, the licensee shall
 1151  allocate these funds between the operating thoroughbred
 1152  permitholders on a pro rata basis based on the total live handle
 1153  at the operating permitholders’ facilities.
 1154         Section 30. Paragraph (c) of subsection (4) of section
 1155  551.104, Florida Statutes, is amended to read:
 1156         551.104 License to conduct slot machine gaming.—
 1157         (4) As a condition of licensure and to maintain continued
 1158  authority for the conduct of slot machine gaming, the slot
 1159  machine licensee shall:
 1160         (c) If a thoroughbred permitholder, conduct no fewer than a
 1161  full schedule of live racing or games as defined in s.
 1162  550.002(11). A permitholder’s responsibility to conduct such
 1163  number of live races or games shall be reduced by the number of
 1164  races or games that could not be conducted due to the direct
 1165  result of fire, strike, war, hurricane, pandemic, or other
 1166  disaster or event beyond the control of the permitholder.
 1167         Section 31. Subsection (4) of section 551.114, Florida
 1168  Statutes, is amended to read:
 1169         551.114 Slot machine gaming areas.—
 1170         (4) Designated slot machine gaming areas must may be
 1171  located at the address specified in the licensed permitholder’s
 1172  slot machine license issued for fiscal year 2020-2021 within the
 1173  current live gaming facility or in an existing building that
 1174  must be contiguous and connected to the live gaming facility. If
 1175  a designated slot machine gaming area is to be located in a
 1176  building that is to be constructed, that new building must be
 1177  contiguous and connected to the live gaming facility.
 1178         Section 32. Section 551.116, Florida Statutes, is amended
 1179  to read:
 1180         551.116 Days and hours of operation.—Slot machine gaming
 1181  areas may be open 24 hours per day daily throughout the year.
 1182  The slot machine gaming areas may be open a cumulative amount of
 1183  18 hours per day on Monday through Friday and 24 hours per day
 1184  on Saturday and Sunday and on those holidays specified in s.
 1185  110.117(1).
 1186         Section 33. Subsection (5) of section 565.02, Florida
 1187  Statutes, is amended to read:
 1188         565.02 License fees; vendors; clubs; caterers; and others.—
 1189         (5) A caterer at a pari-mutuel facility licensed under
 1190  chapter 550 horse or dog racetrack or jai alai fronton may
 1191  obtain a license upon the payment of an annual state license tax
 1192  of $675. Such caterer’s license shall permit sales only within
 1193  the enclosure in which pari-mutuel wagering is conducted such
 1194  races or jai alai games are conducted, and such licensee shall
 1195  be permitted to sell only during the period beginning 10 days
 1196  before and ending 10 days after racing or jai alai under the
 1197  authority of the Division of Pari-mutuel Wagering of the
 1198  Department of Business and Professional Regulation is conducted
 1199  at such racetrack or jai alai fronton. Except as in this
 1200  subsection otherwise provided, caterers licensed hereunder shall
 1201  be treated as vendors licensed to sell by the drink the
 1202  beverages mentioned herein and shall be subject to all the
 1203  provisions hereof relating to such vendors.
 1204         Section 34. Subsection (5), paragraphs (a) and (b) of
 1205  subsection (7), paragraph (d) of subsection (13), and subsection
 1206  (16) of section 849.086, Florida Statutes, are amended to read:
 1207         849.086 Cardrooms authorized.—
 1208         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 1209  operate a cardroom in this state unless such person holds a
 1210  valid cardroom license issued pursuant to this section.
 1211         (a) Only those persons holding a valid cardroom license
 1212  issued by the division may operate a cardroom. A cardroom
 1213  license may only be issued to a licensed pari-mutuel
 1214  permitholder and an authorized cardroom may only be operated at
 1215  the same facility at which the permitholder is authorized under
 1216  its valid pari-mutuel wagering permit to conduct pari-mutuel
 1217  wagering activities. An initial cardroom license shall be issued
 1218  to a pari-mutuel permitholder only after its facilities are in
 1219  place and after it conducts its first day of pari-mutuel
 1220  activities on live racing or games.
 1221         (b) After the initial cardroom license is granted, the
 1222  application for the annual license renewal shall be made in
 1223  conjunction with the applicant’s annual application for its
 1224  pari-mutuel license. If a permitholder has operated a cardroom
 1225  during any of the 3 previous fiscal years and fails to include a
 1226  renewal request for the operation of the cardroom in its annual
 1227  application for license renewal, the permitholder may amend its
 1228  annual application to include operation of the cardroom.
 1229         (c)Notwithstanding any other provision of law, a pari
 1230  mutuel permitholder, other than a permitholder issued a permit
 1231  pursuant to s. 550.3345, may not be issued a license for the
 1232  operation of a cardroom if the permitholder did not hold an
 1233  operating license for the conduct of pari-mutuel wagering for
 1234  fiscal year 2020-2021. In order for an initial cardroom license
 1235  to be issued to a thoroughbred permitholder issued a permit
 1236  pursuant s. 550.3345, the applicant must have requested, as part
 1237  of its pari-mutuel annual license application, to conduct at
 1238  least a full schedule of live racing. In order for a cardroom
 1239  license to be renewed by a thoroughbred permitholder, the
 1240  applicant must have requested, as part of its pari-mutuel annual
 1241  license application, to conduct at least 90 percent of the total
 1242  number of live performances conducted by such permitholder
 1243  during either the state fiscal year in which its initial
 1244  cardroom license was issued or the state fiscal year immediately
 1245  prior thereto if the permitholder ran at least a full schedule
 1246  of live racing or games in the prior year. If the application is
 1247  for a harness permitholder cardroom, the applicant must have
 1248  requested authorization to conduct a minimum of 140 live
 1249  performances during the state fiscal year immediately prior
 1250  thereto. If more than one permitholder is operating at a
 1251  facility, each permitholder must have applied for a license to
 1252  conduct a full schedule of live racing.
 1253         (d)(c) Persons seeking a license or a renewal thereof to
 1254  operate a cardroom shall make application on forms prescribed by
 1255  the division. Applications for cardroom licenses shall contain
 1256  all of the information the division, by rule, may determine is
 1257  required to ensure eligibility.
 1258         (e)(d) The annual cardroom license fee for each facility
 1259  shall be $1,000 for each table to be operated at the cardroom.
 1260  The license fee shall be deposited by the division with the
 1261  Chief Financial Officer to the credit of the Pari-mutuel
 1262  Wagering Trust Fund.
 1263         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 1264         (a) A cardroom may be operated only at the location
 1265  specified on the cardroom license issued by the division, and
 1266  such location may only be the location at which the pari-mutuel
 1267  permitholder is authorized to conduct pari-mutuel wagering
 1268  activities pursuant to such permitholder’s valid pari-mutuel
 1269  permit or as otherwise authorized by law. Cardroom operations
 1270  may not be allowed beyond the hours provided in paragraph (b)
 1271  regardless of the number of cardroom licenses issued for
 1272  permitholders operating at the pari-mutuel facility.
 1273         (b) Any cardroom operator may operate a cardroom at the
 1274  pari-mutuel facility daily throughout the year, if the
 1275  permitholder meets the requirements under paragraph (5)(b). The
 1276  cardroom may be open a cumulative amount of 18 hours per day on
 1277  Monday through Friday and 24 hours per day on Saturday and
 1278  Sunday and on the holidays specified in s. 110.117(1).
 1279         (13) TAXES AND OTHER PAYMENTS.—
 1280         (d)1. Each greyhound and jai alai permitholder that
 1281  conducts live performances and operates a cardroom facility
 1282  shall use at least 4 percent of such permitholder’s cardroom
 1283  monthly gross receipts to supplement greyhound purses or jai
 1284  alai prize money, respectively, during the permitholder’s next
 1285  ensuing pari-mutuel meet.
 1286         2. Each thoroughbred permitholder or and harness horse
 1287  racing permitholder that conducts live performances and operates
 1288  a cardroom facility shall use at least 50 percent of such
 1289  permitholder’s cardroom monthly net proceeds as follows: 47
 1290  percent to supplement purses and 3 percent to supplement
 1291  breeders’ awards during the permitholder’s next ensuing racing
 1292  meet.
 1293         3. No cardroom license or renewal thereof shall be issued
 1294  to an applicant holding a permit under chapter 550 to conduct
 1295  pari-mutuel wagering meets of quarter horse racing and
 1296  conducting live performances unless the applicant has on file
 1297  with the division a binding written agreement between the
 1298  applicant and the Florida Quarter Horse Racing Association or
 1299  the association representing a majority of the horse owners and
 1300  trainers at the applicant’s eligible facility, governing the
 1301  payment of purses on live quarter horse races conducted at the
 1302  licensee’s pari-mutuel facility. The agreement governing purses
 1303  may direct the payment of such purses from revenues generated by
 1304  any wagering or gaming the applicant is authorized to conduct
 1305  under Florida law. All purses shall be subject to the terms of
 1306  chapter 550.
 1307         (16) LOCAL GOVERNMENT APPROVAL.—
 1308         (a) The Division of Pari-mutuel Wagering shall not issue
 1309  any initial license under this section except upon proof in such
 1310  form as the division may prescribe that the local government
 1311  where the applicant for such license desires to conduct cardroom
 1312  gaming has voted to approve such activity by a majority vote of
 1313  the governing body of the municipality or the governing body of
 1314  the county if the facility is not located in a municipality.
 1315         (b) Notwithstanding any other provision of law, a
 1316  municipality may prohibit the establishment of a cardroom on or
 1317  after July 1, 2021, within its jurisdiction. This paragraph does
 1318  not apply to a licensed pari-mutuel permitholder who held an
 1319  operating license for the conduct of pari-mutuel wagering for
 1320  fiscal year 2020-2021 in the municipality’s jurisdiction or to a
 1321  cardroom that was previously approved by the municipality.
 1322         Section 35. Effective October 1, 2021, section 849.14,
 1323  Florida Statutes, is amended to read:
 1324         849.14 Unlawful to bet on result of trial or contest of
 1325  skill, etc.—Whoever stakes, bets or wagers any money or other
 1326  thing of value upon the result of any trial or contest of skill,
 1327  speed or power or endurance of human or beast, or whoever
 1328  receives in any manner whatsoever any money or other thing of
 1329  value staked, bet or wagered, or offered for the purpose of
 1330  being staked, bet or wagered, by or for any other person upon
 1331  any such result, or whoever knowingly becomes the custodian or
 1332  depositary of any money or other thing of value so staked, bet,
 1333  or wagered upon any such result, or whoever aids, or assists, or
 1334  abets, or influences in any manner in any of such acts all of
 1335  which are hereby forbidden, commits shall be guilty of a felony
 1336  misdemeanor of the third second degree, punishable as provided
 1337  in s. 775.082 or s. 775.083.
 1338         Section 36. Section 849.142, Florida Statutes, is created
 1339  to read:
 1340         849.142 Exempted activities.Sections 849.01, 849.08,
 1341  849.09, 849.11, 849.14, and 849.25 do not apply to participation
 1342  in or the conduct of any of the following activities:
 1343         (1)Gaming activities authorized under s. 285.710(13) and
 1344  conducted pursuant to a gaming compact ratified and approved
 1345  under s. 285.710(3).
 1346         (2)Amusement games conducted pursuant to chapter 546.
 1347         (3)Pari-mutuel wagering conducted pursuant to chapter 550.
 1348         (4)Slot machine gaming conducted pursuant to chapter 551.
 1349         (5)Games conducted pursuant to s. 849.086.
 1350         (6)Bingo games conducted pursuant to s. 849.0931.
 1351         Section 37. Effective October 1, 2021, section 849.251,
 1352  Florida Statutes, is created to read:
 1353         849.251Wagering, aiding, abetting, or conniving to race or
 1354  wager on greyhounds or other dogs; penalty.—
 1355         (1) A person in this state may not wager or accept money or
 1356  any other thing of value on the outcome of a live dog race
 1357  occurring in this state. A person who violates this subsection
 1358  commits a misdemeanor of the first degree, punishable as
 1359  provided in s. 775.082 or s. 775.083. A person who commits a
 1360  second or subsequent violation commits a felony of the third
 1361  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1362  775.084.
 1363         (2)Any person who aids, abets, influences, or has any
 1364  understanding or connivance with any person associated with or
 1365  interested in any race of or wager on greyhounds or other dogs
 1366  in this state, to organize or arrange a race of or wager on
 1367  greyhounds or other dogs in this state, commits a misdemeanor of
 1368  the first degree, punishable as provided in s. 775.082 or s.
 1369  775.083. A person who commits a second or subsequent violation
 1370  commits a felony of the third degree, punishable as provided in
 1371  s. 775.082, s. 775.083, or s. 775.084.
 1372         (3)Notwithstanding the provisions of s. 948.01, any person
 1373  convicted under subsection (1) or subsection (2) may not have
 1374  adjudication of guilt suspended, deferred, or withheld.
 1375         (4)This section does not apply to pari-mutuel wagering
 1376  authorized under chapter 550.
 1377         Section 38. For the purpose of incorporating the amendment
 1378  made by this act to section 550.002, Florida Statutes, in a
 1379  reference thereto, paragraph (c) of subsection (2) of section
 1380  380.0651, Florida Statutes, is reenacted to read:
 1381         380.0651 Statewide guidelines, standards, and exemptions.—
 1382         (2) STATUTORY EXEMPTIONS.—The following developments are
 1383  exempt from s. 380.06:
 1384         (c) Any proposed addition to an existing sports facility
 1385  complex if the addition meets the following characteristics:
 1386         1. It would not operate concurrently with the scheduled
 1387  hours of operation of the existing facility;
 1388         2. Its seating capacity would be no more than 75 percent of
 1389  the capacity of the existing facility; and
 1390         3. The sports facility complex property was owned by a
 1391  public body before July 1, 1983.
 1392  
 1393  This exemption does not apply to any pari-mutuel facility as
 1394  defined in s. 550.002.
 1395  
 1396  If a use is exempt from review pursuant to paragraphs (a)-(u),
 1397  but will be part of a larger project that is subject to review
 1398  pursuant to s. 380.06(12), the impact of the exempt use must be
 1399  included in the review of the larger project, unless such exempt
 1400  use involves a development that includes a landowner, tenant, or
 1401  user that has entered into a funding agreement with the state
 1402  land planning agency under the Innovation Incentive Program and
 1403  the agreement contemplates a state award of at least $50
 1404  million.
 1405         Section 39. For the purpose of incorporating the amendment
 1406  made by this act to section 550.002, Florida Statutes, in a
 1407  reference thereto, paragraph (c) of subsection (4) of section
 1408  402.82, Florida Statutes, is reenacted to read:
 1409         402.82 Electronic benefits transfer program.—
 1410         (4) Use or acceptance of an electronic benefits transfer
 1411  card is prohibited at the following locations or for the
 1412  following activities:
 1413         (c) A pari-mutuel facility as defined in s. 550.002.
 1414         Section 40. For the purpose of incorporating the amendment
 1415  made by this act to section 550.002, Florida Statutes, in a
 1416  reference thereto, subsection (1) of section 480.0475, Florida
 1417  Statutes, is reenacted to read:
 1418         480.0475 Massage establishments; prohibited practices.—
 1419         (1) A person may not operate a massage establishment
 1420  between the hours of midnight and 5 a.m. This subsection does
 1421  not apply to a massage establishment:
 1422         (a) Located on the premises of a health care facility as
 1423  defined in s. 408.07; a health care clinic as defined in s.
 1424  400.9905(4); a hotel, motel, or bed and breakfast inn, as those
 1425  terms are defined in s. 509.242; a timeshare property as defined
 1426  in s. 721.05; a public airport as defined in s. 330.27; or a
 1427  pari-mutuel facility as defined in s. 550.002;
 1428         (b) In which every massage performed between the hours of
 1429  midnight and 5 a.m. is performed by a massage therapist acting
 1430  under the prescription of a physician or physician assistant
 1431  licensed under chapter 458, an osteopathic physician or
 1432  physician assistant licensed under chapter 459, a chiropractic
 1433  physician licensed under chapter 460, a podiatric physician
 1434  licensed under chapter 461, an advanced practice registered
 1435  nurse licensed under part I of chapter 464, or a dentist
 1436  licensed under chapter 466; or
 1437         (c) Operating during a special event if the county or
 1438  municipality in which the establishment operates has approved
 1439  such operation during the special event.
 1440         Section 41. If any provision of this act or its application
 1441  to any person or circumstance is held invalid, the invalidity
 1442  does not affect other provisions or applications of the act
 1443  which can be given effect without the invalid provision or
 1444  application, and to this end the provisions of this act are
 1445  severable.
 1446         Section 42. Except as otherwise expressly provided in this
 1447  act, this act shall take effect on the same date that SB 2A or
 1448  similar legislation takes effect, if such legislation is adopted
 1449  in the same legislative session or an extension thereof and
 1450  becomes a law.

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