Bill Text: FL S0666 | 2011 | Regular Session | Comm Sub


Bill Title: Governmental Reorganization

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0666 Detail]

Download: Florida-2011-S0666-Comm_Sub.html
       Florida Senate - 2011                       CS for CS for SB 666
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Regulated Industries; and Senator Ring
       
       
       
       585-03452-11                                           2011666c2
    1                        A bill to be entitled                      
    2         An act relating to governmental reorganization;
    3         transferring and reassigning certain functions and
    4         responsibilities, including records, personnel,
    5         property, and unexpended balances of appropriations
    6         and other resources, from the Division of Pari-mutuel
    7         Wagering of the Department of Business and
    8         Professional Regulation to the Department of Gaming
    9         Control; transferring certain trust funds from the
   10         Department of Business and Professional Regulation to
   11         the Department of Gaming Control; amending s. 11.905,
   12         F.S.; providing for the review of the Department of
   13         Gaming Control; amending s. 20.165, F.S.; deleting the
   14         Division of Pari-mutuel Wagering within the Department
   15         of Business and Professional Regulation; creating s.
   16         20.318, F.S.; establishing the Department of Gaming
   17         Control; designating the Governor and Cabinet as the
   18         Gaming Commission and head of the department; defining
   19         terms; specifying powers and duties of the department;
   20         authorizing the department to take testimony;
   21         authorizing the department to exclude persons from
   22         certain gaming establishments; authorizing the
   23         department to conduct investigations and collect
   24         fines; requiring the department to issue advisory
   25         opinions under certain circumstances; authorizing the
   26         department to employ law enforcement officers;
   27         directing the department to contract with the
   28         Department of Revenue for tax collection and financial
   29         audit services; authorizing the Department of Revenue
   30         to assist in financial investigations of licensees and
   31         applicants for licenses; requiring the department to
   32         assist the Department of Revenue for the benefit of
   33         financially dependent children; amending s. 120.80,
   34         F.S.; deleting certain exceptions and special
   35         requirements regarding hearings applicable to the
   36         Department of Business and Professional Regulation;
   37         creating certain exceptions and special requirements
   38         regarding hearings within the Department of Gaming
   39         Control; amending s. 212.12, F.S.; revising the
   40         information that must be shown on a return for the
   41         operation of coin-operated amusement machines;
   42         requiring the Department of Revenue to report certain
   43         information relating to coin-operated amusement
   44         machines to the Department of Gaming Control; amending
   45         s. 285.710, F.S.; providing that the Department of
   46         Gaming Control is the state compliance agency for
   47         purposes of the Indian Gaming Compact; amending s.
   48         455.116, F.S.; removing a trust fund from the
   49         Department of Business and Professional Regulation;
   50         amending ss. 550.002, 550.0115, 550.01215, 550.0235,
   51         550.0251, 550.0351, 550.054, 550.0555, 550.0651,
   52         550.0745, 550.0951, 550.09511, 550.09512, 550.09514,
   53         550.09515, 550.105, 550.1155, 550.125, 550.135,
   54         550.155, 550.1648, 550.175, 550.1815, 550.24055,
   55         550.2415, 550.2614, 550.26165, 550.2625, 550.26352,
   56         550.2704, 550.334, 550.3345, 550.3355, 550.3551,
   57         550.3615, 550.375, 550.495, 550.505, 550.5251,
   58         550.625, 550.6305, 550.6308, 550.70, 550.902, and
   59         550.907, F.S.; conforming provisions to the transfer
   60         of the regulation of pari-mutuel wagering from the
   61         Department of Business and Professional Regulation to
   62         the Department of Gaming Control; deleting obsolete
   63         provisions; conforming cross-references; amending ss.
   64         551.102, 551.103, 551.104, 551.1045, 551.105, 551.106,
   65         551.107, 551.108, 551.109, 551.112, 551.114, 551.117,
   66         551.118, 551.121, 551.122, and 551.123, F.S.;
   67         conforming provisions to the transfer of the
   68         regulation of slot machines from the Department of
   69         Business and Professional Regulation to the Department
   70         of Gaming Control; deleting obsolete provisions;
   71         conforming cross-references; amending s. 565.02, F.S.;
   72         providing for the licensure of caterers at a horse or
   73         dog racetrack or jai alai fronton by the Department of
   74         Gaming Control; amending s. 616.09, F.S.; providing
   75         for the Department of Gaming Control or the Department
   76         of Legal Affairs, to prosecute a fair association for
   77         illegal gambling activities; amending s. 616.241,
   78         F.S.; adding the Department of Gaming Control to the
   79         list of entities authorized to enforce the
   80         prohibitions against having certain games at
   81         interstate fairs and specialized shows; amending s.
   82         817.37, F.S.; providing for the enforcement of
   83         prohibitions against touting by the Department of
   84         Gaming Control; amending s. 849.086, F.S.; providing
   85         for the regulation of cardrooms by the Department of
   86         Gaming Control; amending s. 849.0915, F.S.; adding the
   87         Department of Gaming Control to the group of entities
   88         authorized to seek an injunction against a person who
   89         is engaged in referral selling; amending s. 849.094,
   90         F.S.; providing for the regulation of game promotions
   91         by the Department of Gaming Control, rather than the
   92         Department of Agriculture and Consumer Services;
   93         deleting a reference to charitable nonprofit
   94         organizations; deleting a reference to the Department
   95         of Business and Professional Regulation to conform to
   96         changes made by the act; amending s. 849.12, F.S.;
   97         adding the Department of Gaming Control to the group
   98         of entities authorized to recover moneys and other
   99         items used in illegal gambling activities; creating s.
  100         849.48, F.S.; requiring that a person or entity
  101         seeking to operate a gambling business, to allow
  102         gambling on the person’s or entity’s premises, or to
  103         lease, manufacture, or distribute gambling devices
  104         apply for licensure from the Department of Gaming
  105         Control; providing for the application to be made on a
  106         form adopted by rule of the Department of Gaming
  107         Control; specifying the maximum annual licensure fee;
  108         providing for the deposit of the fees into a certain
  109         trust fund; providing for a fine if the licenseholder
  110         does not renew the license by a certain date each
  111         year; prohibiting the department from granting an
  112         exemption from the license fees; requiring the
  113         Department of Gaming Control to work with the
  114         Department of Law Enforcement to conduct background
  115         investigations of applicants for a license; providing
  116         for a minimum age for the license; specifying grounds
  117         for the Department of Gaming Control to revoke or deny
  118         a license; providing that the license is valid only
  119         for the person in whose name the license is issued and
  120         for the place designated in the license; providing an
  121         effective date.
  122  
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Transfers.—
  126         (1) All of the statutory powers, duties and functions,
  127  records, personnel, property, and unexpended balances of
  128  appropriations, allocations, or other funds for the
  129  administration of chapter 550, Florida Statutes, are transferred
  130  by a type two transfer, as defined in s. 20.06(2), Florida
  131  Statutes, from the Division of Pari-mutuel Wagering of the
  132  Department of Business and Professional Regulation to the
  133  Department of Gaming Control.
  134         (2) All of the statutory powers, duties and functions,
  135  records, personnel, property, and unexpended balances of
  136  appropriations, allocations, or other funds for the
  137  administration of chapter 551, Florida Statutes, are transferred
  138  by a type two transfer, as defined in s. 20.06(2), Florida
  139  Statutes, from the Division of Pari-mutuel Wagering of the
  140  Department of Business and Professional Regulation to the
  141  Department of Gaming Control.
  142         (3) All of the statutory powers, duties and functions,
  143  records, personnel, property, and unexpended balances of
  144  appropriations, allocations, or other funds for the
  145  administration of s. 849.086, Florida Statutes, are transferred
  146  by a type two transfer, as defined in s. 20.06(2), Florida
  147  Statutes, from the Division of Pari-mutuel Wagering of the
  148  Department of Business and Professional Regulation to the
  149  Department of Gaming Control.
  150         (4) The following trust funds are transferred from the
  151  Division of Pari-mutuel Wagering of the Department of Business
  152  and Professional Regulation to the Department of Gaming Control:
  153         (a) Pari-mutuel Wagering Trust Fund.
  154         (b) Racing Scholarship Trust Fund.
  155         Section 2. Paragraph (c) is added to subsection (8) of
  156  section 11.905, Florida Statutes, to read:
  157         11.905 Schedule for reviewing state agencies and advisory
  158  committees.—The following state agencies, including their
  159  advisory committees, or the following advisory committees of
  160  agencies shall be reviewed according to the following schedule:
  161         (8) Reviewed by July 1, 2022:
  162         (c) Department of Gaming Control.
  163  
  164  Upon completion of this cycle, each agency shall again be
  165  subject to sunset review 10 years after its initial review.
  166         Section 3. Subsection (2) of section 20.165, Florida
  167  Statutes, is amended to read:
  168         20.165 Department of Business and Professional Regulation.
  169  There is created a Department of Business and Professional
  170  Regulation.
  171         (2) The following divisions of the Department of Business
  172  and Professional Regulation are established:
  173         (a) Division of Administration.
  174         (b) Division of Alcoholic Beverages and Tobacco.
  175         (c) Division of Certified Public Accounting.
  176         1. The director of the division shall be appointed by the
  177  secretary of the department, subject to approval by a majority
  178  of the Board of Accountancy.
  179         2. The offices of the division shall be located in
  180  Gainesville.
  181         (d) Division of Florida Condominiums, Timeshares, and
  182  Mobile Homes.
  183         (e) Division of Hotels and Restaurants.
  184         (f) Division of Pari-mutuel Wagering.
  185         (f)(g) Division of Professions.
  186         (g)(h) Division of Real Estate.
  187         1. The director of the division shall be appointed by the
  188  secretary of the department, subject to approval by a majority
  189  of the Florida Real Estate Commission.
  190         2. The offices of the division shall be located in Orlando.
  191         (h)(i) Division of Regulation.
  192         (i)(j) Division of Technology.
  193         (j)(k) Division of Service Operations.
  194         Section 4. Section 20.318, Florida Statutes, is created to
  195  read:
  196         20.318 Department of Gaming Control.—There is created a
  197  Department of Gaming Control.
  198         (1)GAMING COMMISSION.—There is created the Gaming
  199  Commission, composed of the Governor and Cabinet. The commission
  200  members shall serve as agency head of the Department of Gaming
  201  Control. The commission shall be responsible for appointing and
  202  removing the executive director and general counsel.
  203         (2)DIVISIONS.—The Department of Gaming Control shall
  204  consist of the following divisions:
  205         (a)The Division Licensing.
  206         (b)The Division of Revenue and Audits.
  207         (c)The Division of Investigation.
  208         (d)The Division of Law Enforcement.
  209         (e)The Division of Prosecution.
  210         (3) DEFINITIONS.—As used in this section, the term:
  211         (a)“Commission” means the Gaming Commission.
  212         (b)“Department” means the Department of Gaming Control.
  213         (c)“Gaming control” means any gaming activity, occupation,
  214  or profession regulated by the department.
  215         (d)“License” means any permit, registration, certificate,
  216  or license issued by the department.
  217         (e)“Licensee” means any person issued a permit,
  218  registration, certificate, or license by the department.
  219         (4) POWERS AND DUTIES.—
  220         (a)The department shall adopt rules establishing a
  221  procedure for the renewal of licenses.
  222         (b)The department shall submit an annual budget to the
  223  Legislature at a time and in the manner provided by law.
  224         (c)The department shall adopt rules to administer the laws
  225  under its authority.
  226         (d) The department shall require an oath on application
  227  documents as required by rule, which oath must state that the
  228  information contained in the document is true and complete.
  229         (e) The department shall adopt rules for the control,
  230  supervision, and direction of all applicants, permittees, and
  231  licensees and for the holding, conducting, and operating of any
  232  gaming establishment under the jurisdiction of the department in
  233  this state. The department shall have the authority to suspend a
  234  permit or license under the jurisdiction of the department if
  235  such permitholder or licensee has violated any provision of
  236  chapter 550, chapter 551, s. 849.086, or s. 849.094 or rules
  237  adopted by the department. Such rules must be uniform in their
  238  application and effect, and the duty of exercising this control
  239  and power is made mandatory upon the department.
  240         (f) The department may take testimony concerning any matter
  241  within its jurisdiction and issue summons and subpoenas for any
  242  witness and subpoenas duces tecum in connection with any matter
  243  within the jurisdiction of the department under its seal and
  244  signed by the director.
  245         (g) In addition to the power to exclude certain persons
  246  from any pari-mutuel facility in this state, the department may
  247  exclude any person from any and all gaming establishments under
  248  the jurisdiction of the department in this state for conduct
  249  that would constitute, if the person were a licensee, a
  250  violation of chapter 550, chapter 551, s. 849.086, or s. 849.094
  251  or the rules of the department. The department may exclude from
  252  any gaming establishment under its jurisdiction within this
  253  state any person who has been ejected from a pari-mutuel
  254  facility or other gaming establishment in this state or who has
  255  been excluded from any pari-mutuel facility or other gaming
  256  establishment in another state by the governmental department,
  257  agency, commission, or authority exercising regulatory
  258  jurisdiction over such facilities in such other state. The
  259  department may authorize any person who has been ejected or
  260  excluded from establishments in this state or another state to
  261  enter such facilities in this state upon a finding that the
  262  attendance of such person would not be adverse to the public
  263  interest or to the integrity of the industry; however, this
  264  subsection shall not be construed to abrogate the common-law
  265  right of a pari-mutuel permitholder or a proprietor of a gaming
  266  establishment to exclude absolutely a patron in this state.
  267         (h) The department may collect taxes and require compliance
  268  with reporting requirements for financial information as
  269  authorized by chapter 550, chapter 551, s. 849.086, or s.
  270  849.094. In addition, the executive director of the department
  271  may require gaming establishments within its jurisdiction within
  272  the state to remit taxes, including fees, by electronic funds
  273  transfer.
  274         (i) The department may conduct investigations necessary for
  275  enforcing chapters 550 and 551 and ss. 849.086 and 849.094.
  276         (j) The department may impose an administrative fine for a
  277  violation under chapter 550, chapter 551, s. 849.086, or s.
  278  849.094 of not more than $1,000 for each count or separate
  279  offense, except as otherwise provided in chapter 550, chapter
  280  551, s. 849.086, or s. 849.094, and may suspend or revoke a
  281  permit, a operating license, or an occupational license for a
  282  violation under chapter 550, chapter 551, s. 849.086, or s.
  283  849.094. All fines imposed and collected under this paragraph
  284  must be deposited with the Chief Financial Officer to the credit
  285  of the General Revenue Fund.
  286         (k) The department shall have full authority and power to
  287  make, adopt, amend, or repeal rules relating to gaming
  288  operations, to enforce and to carry out the provisions of
  289  chapters 550 and 551 and ss. 849.086 and 849.094, and to
  290  regulate authorized gaming activities in the state.
  291         (l)The department shall provide advisory opinions when
  292  requested by any law enforcement official, state attorney, or
  293  entity licensed by the department relating to the application of
  294  state gaming laws with respect to whether a particular act or
  295  device constitutes legal or illegal gambling under state laws
  296  and administrative rules adopted thereunder. A written record
  297  shall be retained of all such opinions issued by the department,
  298  which shall be sequentially numbered, dated, and indexed by
  299  subject matter. Any person or entity acting in good faith upon
  300  an advisory opinion that such person or entity requested and
  301  received is not subject to any criminal penalty provided for
  302  under state law for illegal gambling. The opinion, until amended
  303  or revoked, is binding on any person or entity who sought the
  304  opinion, or with reference to whom the opinion was sought,
  305  unless material facts were omitted or misstated in the request
  306  for the advisory opinion. The department may adopt rules
  307  regarding the process for securing an advisory opinion and may
  308  require in those rules the submission of any potential gaming
  309  apparatus for testing by a licensed testing laboratory to prove
  310  or disprove its compliance with state law before the issuance of
  311  an opinion by the department.
  312         (m)The department may employ sworn law enforcement
  313  officers as defined in s. 943.10 to enforce the provisions of
  314  any statute or any other laws of this state related to gambling
  315  within the Division of Law Enforcement and to enforce any other
  316  criminal law or to conduct any criminal investigation.
  317         1. Each law enforcement officer shall meet the
  318  qualifications for law enforcement officers under s. 943.13 and
  319  shall be certified as a law enforcement officer by the
  320  Department of Law Enforcement under chapter 943. Upon
  321  certification, each law enforcement officer is subject to and
  322  shall have authority provided for law enforcement officers
  323  generally in chapter 901 and shall have statewide jurisdiction.
  324  Each officer shall also have full law enforcement powers.
  325         2. The department may also appoint part-time, reserve, or
  326  auxiliary law enforcement officers under chapter 943.
  327         3. Each law enforcement officer of the department, upon
  328  certification pursuant to s. 943.1395, has the same right and
  329  authority to carry arms as do the sheriffs of this state.
  330         4.Each law enforcement officer in the state who is
  331  certified pursuant to chapter 943 has the same authority as law
  332  enforcement officers designated in this section to enforce the
  333  laws of this state as described in this paragraph.
  334         (n) The department shall contract with the Department of
  335  Revenue, through an interagency agreement, to perform the tax
  336  collection and financial audit services for the taxes required
  337  to be collected by entities licensed or regulated by chapter
  338  550, chapter 551, or chapter 849. The interagency agreement
  339  shall also allow the Department of Revenue to assist in any
  340  financial investigations of licensees or applications for
  341  licenses by the Department of Gaming Control or law enforcement
  342  agencies.
  343         (5) FINANCIALLY DEPENDENT CHILDREN; SUPPORT.—The department
  344  shall work cooperatively with the Department of Revenue to
  345  implement an automated method for periodically disclosing
  346  information relating to current licensees to the Department of
  347  Revenue. The purpose of this subsection is to promote the public
  348  policy of this state as established in s. 409.2551. The
  349  department shall, when directed by the court or the Department
  350  of Revenue pursuant to s. 409.2598, suspend or deny the license
  351  of any licensee found not to be in compliance with a support
  352  order, subpoena, order to show cause, or written agreement
  353  entered into by the licensee with the Department of Revenue. The
  354  department shall issue or reinstate the license without
  355  additional charge to the licensee when notified by the court or
  356  the Department of Revenue that the licensee has complied with
  357  the terms of the support order. The department is not liable for
  358  any license denial or suspension resulting from the discharge of
  359  its duties under this subsection.
  360         (6) LICENSING.—The department may:
  361         (a)Close and terminate deficient license application files
  362  2 years after the department notifies the applicant of the
  363  deficiency; and
  364         (b)Approve gaming-related licenses that meet all statutory
  365  and rule requirements for licensure.
  366         Section 5. Subsection (4) of section 120.80, Florida
  367  Statutes, is amended, and subsection (18) is added to that
  368  section, to read:
  369         120.80 Exceptions and special requirements; agencies.—
  370         (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
  371         (a) Business regulation.—The Division of Pari-mutuel
  372  Wagering is exempt from the hearing and notice requirements of
  373  ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
  374  boards of judges when the hearing is to be held for the purpose
  375  of the imposition of fines or suspensions as provided by rules
  376  of the Division of Pari-mutuel Wagering, but not for
  377  revocations, and only upon violations of subparagraphs 1.-6. The
  378  Division of Pari-mutuel Wagering shall adopt rules establishing
  379  alternative procedures, including a hearing upon reasonable
  380  notice, for the following violations:
  381         1. Horse riding, harness riding, greyhound interference,
  382  and jai alai game actions in violation of chapter 550.
  383         2. Application and usage of drugs and medication to horses,
  384  greyhounds, and jai alai players in violation of chapter 550.
  385         3. Maintaining or possessing any device which could be used
  386  for the injection or other infusion of a prohibited drug to
  387  horses, greyhounds, and jai alai players in violation of chapter
  388  550.
  389         4. Suspensions under reciprocity agreements between the
  390  Division of Pari-mutuel Wagering and regulatory agencies of
  391  other states.
  392         5. Assault or other crimes of violence on premises licensed
  393  for pari-mutuel wagering.
  394         6. Prearranging the outcome of any race or game.
  395         (b) Professional regulation.Notwithstanding s.
  396  120.57(1)(a), formal hearings may not be conducted by the
  397  Secretary of Business and Professional Regulation or a board or
  398  member of a board within the Department of Business and
  399  Professional Regulation for matters relating to the regulation
  400  of professions, as defined by chapter 455.
  401         (18) DEPARTMENT OF GAMING CONTROL.—The department is exempt
  402  from the hearing and notice requirements of ss. 120.569 and
  403  120.57(1)(a) as it applies to stewards, judges, and boards of
  404  judges if the hearing is to be held for the purpose of the
  405  imposition of fines or suspension as provided by rules of the
  406  department, but not for revocations, and only to consider
  407  violations of paragraphs (a)-(f). The department shall adopt
  408  rules establishing alternative procedures, including a hearing
  409  upon reasonable notice, for the following violations:
  410         (a)Horse riding, harness riding, greyhound interference,
  411  and jai alai game actions in violation of chapter 550.
  412         (b)Application and administration of drugs and medication
  413  to horses, greyhounds, and jai alai players in violation of
  414  chapter 550.
  415         (c)Maintaining or possessing any device that could be used
  416  for the injection or other infusion of a prohibited drug into
  417  horses, greyhounds, and jai alai players in violation of chapter
  418  550.
  419         (d)Suspensions under reciprocity agreements between the
  420  department and regulatory agencies of other states.
  421         (e)Assault or other crimes of violence on premises
  422  licensed for pari-mutuel wagering.
  423         (f)Prearranging the outcome of any race or game.
  424         Section 6. Paragraph (a) of subsection (1) of section
  425  212.12, Florida Statutes, is amended to read:
  426         212.12 Dealer’s credit for collecting tax; penalties for
  427  noncompliance; powers of Department of Revenue in dealing with
  428  delinquents; brackets applicable to taxable transactions;
  429  records required.—
  430         (1) Notwithstanding any other provision of law and for the
  431  purpose of compensating persons granting licenses for and the
  432  lessors of real and personal property taxed hereunder, for the
  433  purpose of compensating dealers in tangible personal property,
  434  for the purpose of compensating dealers providing communication
  435  services and taxable services, for the purpose of compensating
  436  owners of places where admissions are collected, and for the
  437  purpose of compensating remitters of any taxes or fees reported
  438  on the same documents utilized for the sales and use tax, as
  439  compensation for the keeping of prescribed records, filing
  440  timely tax returns, and the proper accounting and remitting of
  441  taxes by them, such seller, person, lessor, dealer, owner, and
  442  remitter (except dealers who make mail order sales) shall be
  443  allowed 2.5 percent of the amount of the tax due and accounted
  444  for and remitted to the department, in the form of a deduction
  445  in submitting his or her report and paying the amount due by him
  446  or her; the department shall allow such deduction of 2.5 percent
  447  of the amount of the tax to the person paying the same for
  448  remitting the tax and making of tax returns in the manner herein
  449  provided, for paying the amount due to be paid by him or her,
  450  and as further compensation to dealers in tangible personal
  451  property for the keeping of prescribed records and for
  452  collection of taxes and remitting the same. However, if the
  453  amount of the tax due and remitted to the department for the
  454  reporting period exceeds $1,200, no allowance shall be allowed
  455  for all amounts in excess of $1,200. The executive director of
  456  the department is authorized to negotiate a collection
  457  allowance, pursuant to rules promulgated by the department, with
  458  a dealer who makes mail order sales. The rules of the department
  459  shall provide guidelines for establishing the collection
  460  allowance based upon the dealer’s estimated costs of collecting
  461  the tax, the volume and value of the dealer’s mail order sales
  462  to purchasers in this state, and the administrative and legal
  463  costs and likelihood of achieving collection of the tax absent
  464  the cooperation of the dealer. However, in no event shall the
  465  collection allowance negotiated by the executive director exceed
  466  10 percent of the tax remitted for a reporting period.
  467         (a) The Department of Revenue may deny the collection
  468  allowance if a taxpayer files an incomplete return or if the
  469  required tax return or tax is delinquent at the time of payment.
  470         1. An “incomplete return” is, for purposes of this chapter,
  471  a return which is lacking such uniformity, completeness, and
  472  arrangement that the physical handling, verification, review of
  473  the return, or determination of other taxes and fees reported on
  474  the return may not be readily accomplished.
  475         2. The department shall adopt rules requiring such
  476  information as it may deem necessary to ensure that the tax
  477  levied hereunder is properly collected, reviewed, compiled,
  478  reported, and enforced, including, but not limited to: the
  479  amount of gross sales; the amount of taxable sales; the amount
  480  of tax collected or due; the amount of lawful refunds,
  481  deductions, or credits claimed; the amount claimed as the
  482  dealer’s collection allowance; the amount of penalty and
  483  interest; the amount due with the return; and such other
  484  information as the Department of Revenue may specify. The
  485  department shall require that transient rentals and agricultural
  486  equipment transactions be separately shown. Sales made through
  487  vending machines as defined in s. 212.0515 must be separately
  488  shown on the return. Sales made through coin-operated amusement
  489  machines as defined by s. 212.02 and the number of machines
  490  operated in the aggregate and segregated according to machine
  491  type based on the exemptions for amusement machines specified
  492  under s. 849.161 must be separately shown on the return or on a
  493  form prescribed by the department. If a separate form is
  494  required, the same penalties for late filing, incomplete filing,
  495  or failure to file as provided for the sales tax return shall
  496  apply to said form. The department shall report quarterly to the
  497  Department of Gaming Control the businesses operating coin
  498  operated amusement machines, the number of amusement machines
  499  operated by each business, and the location of each business.
  500         Section 7. Paragraph (f) of subsection (1) and subsection
  501  (7) of section 285.710, Florida Statutes, are amended to read:
  502         285.710 Compact authorization.—
  503         (1) As used in this section, the term:
  504         (f) “State compliance agency” means the Division of Pari
  505  mutuel Wagering of the Department of Gaming Control, Business
  506  and Professional Regulation which is designated as the state
  507  agency having the authority to carry out the state’s oversight
  508  responsibilities under the compact.
  509         (7) The Division of Pari-mutuel Wagering of the Department
  510  of Gaming Control Business and Professional Regulation is
  511  designated as the state compliance agency having the authority
  512  to carry out the state’s oversight responsibilities under the
  513  compact authorized by this section.
  514         Section 8. Section 455.116, Florida Statutes, is amended to
  515  read:
  516         455.116 Regulation trust funds.—The following trust funds
  517  shall be placed in the department:
  518         (1) Administrative Trust Fund.
  519         (2) Alcoholic Beverage and Tobacco Trust Fund.
  520         (3) Cigarette Tax Collection Trust Fund.
  521         (4) Hotel and Restaurant Trust Fund.
  522         (5) Division of Florida Condominiums, Timeshares, and
  523  Mobile Homes Trust Fund.
  524         (6) Pari-mutuel Wagering Trust Fund.
  525         (6)(7) Professional Regulation Trust Fund.
  526         Section 9. Subsections (6), (7), and (11) of section
  527  550.002, Florida Statutes, are amended, and present subsections
  528  (8) through (39) of that section are renumbered as subsections
  529  (7) through (38), respectively, to read:
  530         550.002 Definitions.—As used in this chapter, the term:
  531         (6) “Department” means the Department of Gaming Control
  532  Business and Professional Regulation.
  533         (7) “Division” means the Division of Pari-mutuel Wagering
  534  within the Department of Business and Professional Regulation.
  535         (10)(11) “Full schedule of live racing or games” means, for
  536  a greyhound or jai alai permitholder, the conduct of a
  537  combination of at least 100 live evening or matinee performances
  538  during the preceding year; for a permitholder who has a
  539  converted permit or filed an application on or before June 1,
  540  1990, for a converted permit, the conduct of a combination of at
  541  least 100 live evening and matinee wagering performances during
  542  either of the 2 preceding years; for a jai alai permitholder who
  543  does not operate slot machines in its pari-mutuel facility, who
  544  has conducted at least 100 live performances per year for at
  545  least 10 years after December 31, 1992, and whose handle on live
  546  jai alai games conducted at its pari-mutuel facility has been
  547  less than $4 million per state fiscal year for at least 2
  548  consecutive years after June 30, 1992, the conduct of a
  549  combination of at least 40 live evening or matinee performances
  550  during the preceding year; for a jai alai permitholder who
  551  operates slot machines in its pari-mutuel facility, the conduct
  552  of a combination of at least 150 performances during the
  553  preceding year; for a harness permitholder, the conduct of at
  554  least 100 live regular wagering performances during the
  555  preceding year; for a quarter horse permitholder at its facility
  556  unless an alternative schedule of at least 20 live regular
  557  wagering performances is agreed upon by the permitholder and
  558  either the Florida Quarter Horse Racing Association or the
  559  horsemen’s association representing the majority of the quarter
  560  horse owners and trainers at the facility and filed with the
  561  department division along with its annual date application, in
  562  the 2010-2011 fiscal year, the conduct of at least 20 regular
  563  wagering performances, in the 2011-2012 and 2012-2013 fiscal
  564  years, the conduct of at least 30 live regular wagering
  565  performances, and for every fiscal year after the 2012-2013
  566  fiscal year, the conduct of at least 40 live regular wagering
  567  performances; for a quarter horse permitholder leasing another
  568  licensed racetrack, the conduct of 160 events at the leased
  569  facility; and for a thoroughbred permitholder, the conduct of at
  570  least 40 live regular wagering performances during the preceding
  571  year. For a permitholder that which is restricted by statute to
  572  certain operating periods within the year when other members of
  573  its same class of permit are authorized to operate throughout
  574  the year, the specified number of live performances that which
  575  constitute a full schedule of live racing or games shall be
  576  adjusted pro rata in accordance with the relationship between
  577  its authorized operating period and the full calendar year and
  578  the resulting specified number of live performances shall
  579  constitute the full schedule of live games for such permitholder
  580  and all other permitholders of the same class within 100 air
  581  miles of such permitholder. A live performance must consist of
  582  no fewer than eight races or games conducted live for each of a
  583  minimum of three performances each week at the permitholder’s
  584  licensed facility under a single admission charge.
  585         Section 10. Section 550.0115, Florida Statutes, is amended
  586  to read:
  587         550.0115 Permitholder license.—After a permit has been
  588  issued by the department division, and after the permit has been
  589  approved by election, the department division shall issue to the
  590  permitholder an annual license to conduct pari-mutuel operations
  591  at the location specified in the permit pursuant to the
  592  provisions of this chapter.
  593         Section 11. Section 550.01215, Florida Statutes, is amended
  594  to read:
  595         550.01215 License application; periods of operation; bond,
  596  conversion of permit.—
  597         (1) Each permitholder shall annually, during the period
  598  between December 15 and January 4, file in writing with the
  599  department division its application for a license to conduct
  600  performances during the next state fiscal year. Each application
  601  shall specify the number, dates, and starting times of all
  602  performances that which the permitholder intends to conduct. It
  603  shall also specify which performances will be conducted as
  604  charity or scholarship performances. In addition, each
  605  application for a license shall include, for each permitholder
  606  that which elects to operate a cardroom, the dates and periods
  607  of operation the permitholder intends to operate the cardroom
  608  or, for each thoroughbred permitholder that which elects to
  609  receive or rebroadcast out-of-state races after 7 p.m., the
  610  dates for all performances that which the permitholder intends
  611  to conduct. Permitholders shall be entitled to amend their
  612  applications through February 28.
  613         (2) After the first license has been issued to a
  614  permitholder, all subsequent annual applications for a license
  615  shall be accompanied by proof, in such form as the department
  616  division may by rule require, that the permitholder continues to
  617  possess the qualifications prescribed by this chapter, and that
  618  the permit has not been disapproved at a later election.
  619         (3) The department division shall issue each license no
  620  later than March 15. Each permitholder shall operate all
  621  performances at the date and time specified on its license. The
  622  department may division shall have the authority to approve
  623  minor changes in racing dates after a license has been issued.
  624  The department division may approve changes in racing dates
  625  after a license has been issued when there is no objection from
  626  any operating permitholder located within 50 miles of the
  627  permitholder requesting the changes in operating dates. In the
  628  event of an objection, the department division shall approve or
  629  disapprove the change in operating dates based upon the impact
  630  on operating permitholders located within 50 miles of the
  631  permitholder requesting the change in operating dates. In making
  632  the determination to change racing dates, the department
  633  division shall consider take into consideration the impact of
  634  such changes on state revenues.
  635         (4) If In the event that a permitholder fails to operate
  636  all performances specified on its license at the date and time
  637  specified, the department division shall hold a hearing to
  638  determine whether to fine or suspend the permitholder’s license,
  639  unless such failure was the direct result of fire, strike, war,
  640  or other disaster or event beyond the ability of the
  641  permitholder to control. Financial hardship to the permitholder
  642  does shall not, in and of itself, constitute just cause for
  643  failure to operate all performances on the dates and at the
  644  times specified.
  645         (5) If In the event that performances licensed to be
  646  operated by a permitholder are vacated, abandoned, or will not
  647  be used for any reason, any permitholder shall be entitled,
  648  pursuant to rules adopted by the department division, to apply
  649  to conduct performances on the dates for which the performances
  650  have been abandoned. The department division shall issue an
  651  amended license for all such replacement performances that which
  652  have been requested in compliance with the provisions of this
  653  chapter and department division rules.
  654         (6) Any permit that which was converted from a jai alai
  655  permit to a greyhound permit may be converted to a jai alai
  656  permit at any time if the permitholder never conducted greyhound
  657  racing or if the permitholder has not conducted greyhound racing
  658  for a period of 12 consecutive months.
  659         Section 12. Section 550.0235, Florida Statutes, is amended
  660  to read:
  661         550.0235 Limitation of civil liability.—A No permittee
  662  conducting a racing meet pursuant to the provisions of this
  663  chapter; the executive director, no division director, bureau
  664  chief, or an employee of the department division; or a and no
  665  steward, judge, or other person appointed to act pursuant to
  666  this chapter is not shall be held liable to any person,
  667  partnership, association, corporation, or other business entity
  668  for any cause whatsoever arising out of, or from, the
  669  performance by such permittee, director, employee, steward,
  670  judge, or other person of her or his duties and the exercise of
  671  her or his discretion with respect to the implementation and
  672  enforcement of the statutes and rules governing the conduct of
  673  pari-mutuel wagering, so long as she or he acted in good faith.
  674  This section does shall not limit liability in any situation in
  675  which the negligent maintenance of the premises or the negligent
  676  conduct of a race contributed to an accident and does not; nor
  677  shall it limit any contractual liability.
  678         Section 13. Section 550.0251, Florida Statutes, is amended
  679  to read:
  680         550.0251 The powers and duties of the Department of Gaming
  681  Control Division of Pari-mutuel Wagering of the Department of
  682  Business and Professional Regulation.—The department division
  683  shall administer this chapter and regulate the pari-mutuel
  684  industry under this chapter and the rules adopted pursuant
  685  thereto, and:
  686         (1) The department division shall make an annual report to
  687  the President of the Senate and the Speaker of the House of
  688  Representatives Governor showing its own actions, receipts
  689  derived under the provisions of this chapter, the practical
  690  effects of the application of this chapter, and any suggestions
  691  it may approve for the more effectual accomplishments of the
  692  purposes of this chapter.
  693         (2) The department division shall require an oath on
  694  application documents as required by rule, which oath must state
  695  that the information contained in the document is true and
  696  complete.
  697         (3) The department division shall adopt reasonable rules
  698  for the control, supervision, and direction of all applicants,
  699  permittees, and licensees and for the holding, conducting, and
  700  operating of all racetracks, race meets, and races held in this
  701  state. Such rules must be uniform in their application and
  702  effect, and the duty of exercising this control and power is
  703  made mandatory upon the department division.
  704         (4) The department division may take testimony concerning
  705  any matter within its jurisdiction and issue summons and
  706  subpoenas for any witness and subpoenas duces tecum in
  707  connection with any matter within the jurisdiction of the
  708  department division under its seal and signed by the director.
  709         (5) The department division may adopt rules establishing
  710  procedures for testing occupational licenseholders officiating
  711  at or participating in any race or game at any pari-mutuel
  712  facility under the jurisdiction of the department division for a
  713  controlled substance or alcohol and may prescribe procedural
  714  matters not in conflict with s. 120.80(18) s. 120.80(4)(a).
  715         (6) In addition to the power to exclude certain persons
  716  from any pari-mutuel facility in this state, the department
  717  division may exclude any person from any and all pari-mutuel
  718  facilities in this state for conduct that would constitute, if
  719  the person were a licensee, a violation of this chapter or the
  720  rules of the department division. The department division may
  721  exclude from any pari-mutuel facility within this state any
  722  person who has been ejected from a pari-mutuel facility in this
  723  state or who has been excluded from any pari-mutuel facility in
  724  another state by the governmental department, agency,
  725  commission, or authority exercising regulatory jurisdiction over
  726  pari-mutuel facilities in such other state. The department
  727  division may authorize any person who has been ejected or
  728  excluded from pari-mutuel facilities in this state or another
  729  state to attend the pari-mutuel facilities in this state upon a
  730  finding that the attendance of such person at pari-mutuel
  731  facilities would not be adverse to the public interest or to the
  732  integrity of the sport or industry; however, this subsection
  733  does shall not be construed to abrogate the common-law right of
  734  a pari-mutuel permitholder to exclude absolutely a patron in
  735  this state.
  736         (7) The department division may oversee the making of, and
  737  distribution from, all pari-mutuel pools.
  738         (8) The department department may collect taxes and require
  739  compliance with reporting requirements for financial information
  740  as authorized by this chapter. In addition, the secretary of the
  741  department may require permitholders conducting pari-mutuel
  742  operations within the state to remit taxes, including fees, by
  743  electronic funds transfer if the taxes and fees amounted to
  744  $50,000 or more in the prior reporting year.
  745         (9) The department division may conduct investigations in
  746  enforcing this chapter, except that all information obtained
  747  pursuant to an investigation by the department division for an
  748  alleged violation of this chapter or rules of the department
  749  division is exempt from s. 119.07(1) and from s. 24(a), Art. I
  750  of the State Constitution until an administrative complaint is
  751  issued or the investigation is closed or ceases to be active.
  752  This subsection does not prohibit the department division from
  753  providing such information to any law enforcement agency or to
  754  any other regulatory agency. For the purposes of this
  755  subsection, an investigation is considered to be active while it
  756  is being conducted with reasonable dispatch and with a
  757  reasonable, good faith belief that it could lead to an
  758  administrative, civil, or criminal action by the department
  759  division or another administrative or law enforcement agency.
  760  Except for active criminal intelligence or criminal
  761  investigative information, as defined in s. 119.011, and any
  762  other information that, if disclosed, would jeopardize the
  763  safety of an individual, all information, records, and
  764  transcriptions become public when the investigation is closed or
  765  ceases to be active.
  766         (10) The department division may impose an administrative
  767  fine for a violation under this chapter of not more than $1,000
  768  for each count or separate offense, except as otherwise provided
  769  in this chapter, and may suspend or revoke a permit, a pari
  770  mutuel license, or an occupational license for a violation under
  771  this chapter. All fines imposed and collected under this
  772  subsection must be deposited with the Chief Financial Officer to
  773  the credit of the General Revenue Fund.
  774         (11) The department division shall supervise and regulate
  775  the welfare of racing animals at pari-mutuel facilities.
  776         (12) The department may division shall have full authority
  777  and power to make, adopt, amend, or repeal rules relating to
  778  cardroom operations, to enforce and to carry out the provisions
  779  of s. 849.086, and to regulate the authorized cardroom
  780  activities in the state.
  781         (13) The department may division shall have the authority
  782  to suspend a permitholder’s permit or license, if such
  783  permitholder is operating a cardroom facility and such
  784  permitholder’s cardroom license has been suspended or revoked
  785  pursuant to s. 849.086.
  786         Section 14. Section 550.0351, Florida Statutes, is amended
  787  to read:
  788         550.0351 Charity racing days.—
  789         (1) The department division shall, upon the request of a
  790  permitholder, authorize each horseracing permitholder, dogracing
  791  permitholder, and jai alai permitholder up to five charity or
  792  scholarship days in addition to the regular racing days
  793  authorized by law.
  794         (2) The proceeds of charity performances shall be paid to
  795  qualified beneficiaries selected by the permitholders from an
  796  authorized list of charities on file with the department
  797  division. Eligible charities include any charity that provides
  798  evidence of compliance with the provisions of chapter 496 and
  799  evidence of possession of a valid exemption from federal
  800  taxation issued by the Internal Revenue Service. In addition,
  801  the authorized list must include the Racing Scholarship Trust
  802  Fund, the Historical Resources Operating Trust Fund, major state
  803  and private institutions of higher learning, and Florida
  804  community colleges.
  805         (3) The permitholder shall, within 120 days after the
  806  conclusion of its fiscal year, pay to the authorized charities
  807  the total of all profits derived from the operation of the
  808  charity day performances conducted. If charity days are operated
  809  on behalf of another permitholder pursuant to law, the
  810  permitholder entitled to distribute the proceeds shall
  811  distribute the proceeds to charity within 30 days after the
  812  actual receipt of the proceeds.
  813         (4) The total of all profits derived from the conduct of a
  814  charity day performance must include all revenues derived from
  815  the conduct of that racing performance, including all state
  816  taxes that would otherwise be due to the state, except that the
  817  daily license fee as provided in s. 550.0951(1) and the breaks
  818  for the promotional trust funds as provided in s. 550.2625(3),
  819  (4), (5), (7), and (8) shall be paid to the department division.
  820  All other revenues from the charity racing performance,
  821  including the commissions, breaks, and admissions and the
  822  revenues from parking, programs, and concessions, shall be
  823  included in the total of all profits.
  824         (5) In determining profit, the permitholder may elect to
  825  distribute as proceeds only the amount equal to the state tax
  826  that would otherwise be paid to the state if the charity day
  827  were conducted as a regular or matinee performance.
  828         (6)(a) The department division shall authorize one
  829  additional scholarship day for horseracing in addition to the
  830  regular racing days authorized by law and any additional days
  831  authorized by this section, to be conducted at all horse
  832  racetracks located in Hillsborough County. The permitholder
  833  shall conduct a full schedule of racing on the scholarship day.
  834         (b) The funds derived from the operation of the additional
  835  scholarship day shall be allocated as provided in this section
  836  and paid to Pasco-Hernando Community College.
  837         (c) When a charity or scholarship performance is conducted
  838  as a matinee performance, the department division may authorize
  839  the permitholder to conduct the evening performances of that
  840  operation day as a regular performance in addition to the
  841  regular operating days authorized by law.
  842         (7) In addition to the charity days authorized by this
  843  section, any dogracing permitholder may allow its facility to be
  844  used for conducting “hound dog derbies” or “mutt derbies” on any
  845  day during each racing season by any charitable, civic, or
  846  nonprofit organization for the purpose of conducting “hound dog
  847  derbies” or “mutt derbies” if only dogs other than those usually
  848  used in dogracing (greyhounds) are permitted to race and if
  849  adults and minors are allowed to participate as dog owners or
  850  spectators. During these racing events, betting, gambling, and
  851  the sale or use of alcoholic beverages is prohibited.
  852         (8) In addition to the eligible charities that meet the
  853  criteria set forth in this section, a jai alai permitholder is
  854  authorized to conduct two additional charity performances each
  855  fiscal year for a fund to benefit retired jai alai players. This
  856  performance shall be known as the “Retired Jai Alai Players
  857  Charity Day.” The administration of this fund shall be
  858  determined by rule by the department division.
  859         Section 15. Section 550.054, Florida Statutes, is amended
  860  to read:
  861         550.054 Application for permit to conduct pari-mutuel
  862  wagering.—
  863         (1) Any person who possesses the qualifications prescribed
  864  in this chapter may apply to the department division for a
  865  permit to conduct pari-mutuel operations under this chapter.
  866  Applications for a pari-mutuel permit are exempt from the 90-day
  867  licensing requirement of s. 120.60. Within 120 days after
  868  receipt of a complete application, the department division shall
  869  grant or deny the permit. A completed application that is not
  870  acted upon within 120 days after receipt is deemed approved, and
  871  the department division shall grant the permit.
  872         (2) Upon each application filed and approved, a permit
  873  shall be issued to the applicant setting forth the name of the
  874  permitholder, the location of the pari-mutuel facility, the type
  875  of pari-mutuel activity desired to be conducted, and a statement
  876  showing qualifications of the applicant to conduct pari-mutuel
  877  performances under this chapter; however, a permit is
  878  ineffectual to authorize any pari-mutuel performances until
  879  approved by a majority of the electors participating in a
  880  ratification election in the county in which the applicant
  881  proposes to conduct pari-mutuel wagering activities. In
  882  addition, an application may not be considered, nor may a permit
  883  be issued by the department division or be voted upon in any
  884  county, to conduct horseraces, harness horse races, or dograces
  885  at a location within 100 miles of an existing pari-mutuel
  886  facility, or for jai alai within 50 miles of an existing pari
  887  mutuel facility; this distance shall be measured on a straight
  888  line from the nearest property line of one pari-mutuel facility
  889  to the nearest property line of the other facility.
  890         (3) The department division shall require that each
  891  applicant submit an application setting forth:
  892         (a) The full name of the applicant.
  893         (b) If a corporation, the name of the state in which
  894  incorporated and the names and addresses of the officers,
  895  directors, and shareholders holding 5 percent or more equity or,
  896  if a business entity other than a corporation, the names and
  897  addresses of the principals, partners, or shareholders holding 5
  898  percent or more equity.
  899         (c) The names and addresses of the ultimate equitable
  900  owners for a corporation or other business entity, if different
  901  from those provided under paragraph (b), unless the securities
  902  of the corporation or entity are registered pursuant to s. 12 of
  903  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and
  904  if such corporation or entity files with the United States
  905  Securities and Exchange Commission the reports required by s. 13
  906  of that act or if the securities of the corporation or entity
  907  are regularly traded on an established securities market in the
  908  United States.
  909         (d) The exact location where the applicant will conduct
  910  pari-mutuel performances.
  911         (e) Whether the pari-mutuel facility is owned or leased
  912  and, if leased, the name and residence of the fee owner or, if a
  913  corporation, the names and addresses of the directors and
  914  stockholders thereof. However, this chapter does not prevent a
  915  person from applying to the department division for a permit to
  916  conduct pari-mutuel operations, regardless of whether the pari
  917  mutuel facility has been constructed or not, and having an
  918  election held in any county at the same time that elections are
  919  held for the ratification of any permit in that county.
  920         (f) A statement of the assets and liabilities of the
  921  applicant.
  922         (g) The names and addresses of any mortgagee of any pari
  923  mutuel facility and any financial agreement between the parties.
  924  The department division may require the names and addresses of
  925  the officers and directors of the mortgagee, and of those
  926  stockholders who hold more than 10 percent of the stock of the
  927  mortgagee.
  928         (h) A business plan for the first year of operation.
  929         (i) For each individual listed in the application as an
  930  owner, partner, officer, or director, a complete set of
  931  fingerprints that has been taken by an authorized law
  932  enforcement officer. These sets of fingerprints must be
  933  submitted to the Federal Bureau of Investigation for processing.
  934  Applicants who are foreign nationals shall submit such documents
  935  as necessary to allow the department division to conduct
  936  criminal history records checks in the applicant’s home country.
  937  The applicant must pay the cost of processing. The department
  938  division may charge a $2 handling fee for each set of
  939  fingerprint records.
  940         (j) The type of pari-mutuel activity to be conducted and
  941  the desired period of operation.
  942         (k) Other information the department division requires.
  943         (4) The department division shall require each applicant to
  944  deposit with the board of county commissioners of the county in
  945  which the election is to be held, a sufficient sum, in currency
  946  or by check certified by a bank licensed to do business in the
  947  state to pay the expenses of holding the election provided in s.
  948  550.0651.
  949         (5) Upon receiving an application and any amendments
  950  properly made thereto, the department division shall further
  951  investigate the matters contained in the application. If the
  952  applicant meets all requirements, conditions, and qualifications
  953  set forth in this chapter and the rules of the department
  954  division, the department division shall grant the permit.
  955         (6) After initial approval of the permit and the source of
  956  financing, the terms and parties of any subsequent refinancing
  957  must be disclosed by the applicant or the permitholder to the
  958  department division.
  959         (7) If the department division refuses to grant the permit,
  960  the money deposited with the board of county commissioners for
  961  holding the election must be refunded to the applicant. If the
  962  department division grants the permit applied for, the board of
  963  county commissioners shall order an election in the county to
  964  decide whether the permit will be approved, as provided in s.
  965  550.0651.
  966         (8)(a) The department division may charge the applicant for
  967  reasonable, anticipated costs incurred by the department
  968  division in determining the eligibility of any person or entity
  969  specified in s. 550.1815(1)(a) to hold any pari-mutuel permit,
  970  against such person or entity.
  971         (b) The department division may, by rule, determine the
  972  manner of paying its anticipated costs associated with
  973  determination of eligibility and the procedure for filing
  974  applications for determination of eligibility.
  975         (c) The department division shall furnish to the applicant
  976  an itemized statement of actual costs incurred during the
  977  investigation to determine eligibility.
  978         (d) If unused funds remain at the conclusion of such
  979  investigation, they must be returned to the applicant within 60
  980  days after the determination of eligibility has been made.
  981         (e) If the actual costs of investigation exceed anticipated
  982  costs, the department division shall assess the applicant the
  983  amount necessary to recover all actual costs.
  984         (9)(a) After a permit has been granted by the department
  985  division and has been ratified and approved by the majority of
  986  the electors participating in the election in the county
  987  designated in the permit, the department division shall grant to
  988  the lawful permitholder, subject to the conditions of this
  989  chapter, a license to conduct pari-mutuel operations under this
  990  chapter, and, except as provided in s. 550.5251, the department
  991  division shall fix annually the time, place, and number of days
  992  during which pari-mutuel operations may be conducted by the
  993  permitholder at the location fixed in the permit and ratified in
  994  the election. After the first license has been issued to the
  995  holder of a ratified permit for racing in any county, all
  996  subsequent annual applications for a license by that
  997  permitholder must be accompanied by proof, in such form as the
  998  department division requires, that the ratified permitholder
  999  still possesses all the qualifications prescribed by this
 1000  chapter and that the permit has not been recalled at a later
 1001  election held in the county.
 1002         (b) The department division may revoke or suspend any
 1003  permit or license issued under this chapter upon the willful
 1004  violation by the permitholder or licensee of any provision of
 1005  this chapter or of any rule adopted under this chapter. In lieu
 1006  of suspending or revoking a permit or license, the department
 1007  division may impose a civil penalty against the permitholder or
 1008  licensee for a violation of this chapter or any rule adopted by
 1009  the department division. The penalty so imposed may not exceed
 1010  $1,000 for each count or separate offense. All penalties imposed
 1011  and collected must be deposited with the Chief Financial Officer
 1012  to the credit of the General Revenue Fund.
 1013         (10) If a permitholder has failed to complete construction
 1014  of at least 50 percent of the facilities necessary to conduct
 1015  pari-mutuel operations within 12 months after approval by the
 1016  voters of the permit, the department division shall revoke the
 1017  permit upon adequate notice to the permitholder. However, the
 1018  department division, upon good cause shown by the permitholder,
 1019  may grant one extension of up to 12 months.
 1020         (11)(a) A permit granted under this chapter may not be
 1021  transferred or assigned except upon written approval by the
 1022  department division pursuant to s. 550.1815, except that the
 1023  holder of any permit that has been converted to a jai alai
 1024  permit may lease or build anywhere within the county in which
 1025  its permit is located.
 1026         (b) If a permit to conduct pari-mutuel wagering is held by
 1027  a corporation or business entity other than an individual, the
 1028  transfer of 10 percent or more of the stock or other evidence of
 1029  ownership or equity in the permitholder may not be made without
 1030  the prior approval of the transferee by the department division
 1031  pursuant to s. 550.1815.
 1032         (12) Changes in ownership or interest of a pari-mutuel
 1033  permit of 5 percent or more of the stock or other evidence of
 1034  ownership or equity in the permitholder must shall be approved
 1035  by the department before division prior to such change, unless
 1036  the owner is an existing owner of that permit who was previously
 1037  approved by the department division. Changes in ownership or
 1038  interest of a pari-mutuel permit of less than 5 percent must
 1039  shall be reported to the department division within 20 days of
 1040  the change. The department division may then conduct an
 1041  investigation to ensure that the permit is properly updated to
 1042  show the change in ownership or interest.
 1043         (13)(a) Notwithstanding any provisions of this chapter, a
 1044  no thoroughbred horse racing permit or license issued under this
 1045  chapter may not shall be transferred, or reissued if when such
 1046  reissuance is in the nature of a transfer so as to permit or
 1047  authorize a licensee to change the location of a thoroughbred
 1048  horse racetrack except upon proof in such form as the department
 1049  division may prescribe that a referendum election has been held:
 1050         1. If the proposed new location is within the same county
 1051  as the already licensed location, in the county where the
 1052  licensee desires to conduct the race meeting and that a majority
 1053  of the electors voting on that question in such election voted
 1054  in favor of the transfer of such license.
 1055         2. If the proposed new location is not within the same
 1056  county as the already licensed location, in the county where the
 1057  licensee desires to conduct the race meeting and in the county
 1058  where the licensee is already licensed to conduct the race
 1059  meeting and that a majority of the electors voting on that
 1060  question in each such election voted in favor of the transfer of
 1061  such license.
 1062         (b) Each referendum held under the provisions of this
 1063  subsection shall be held in accordance with the electoral
 1064  procedures for ratification of permits, as provided in s.
 1065  550.0651. The expense of each such referendum shall be borne by
 1066  the licensee requesting the transfer.
 1067         (14)(a) Any holder of a permit to conduct jai alai may
 1068  apply to the department division to convert such permit to a
 1069  permit to conduct greyhound racing in lieu of jai alai if:
 1070         1. Such permit is located in a county in which the
 1071  department division has issued only two pari-mutuel permits
 1072  pursuant to this section;
 1073         2. Such permit was not previously converted from any other
 1074  class of permit; and
 1075         3. The holder of the permit has not conducted jai alai
 1076  games during a period of 10 years immediately preceding his or
 1077  her application for conversion under this subsection.
 1078         (b) The department division, upon application from the
 1079  holder of a jai alai permit meeting all conditions of this
 1080  section, shall convert the permit and shall issue to the
 1081  permitholder a permit to conduct greyhound racing. A
 1082  permitholder of a permit converted under this section shall be
 1083  required to apply for and conduct a full schedule of live racing
 1084  each fiscal year to be eligible for any tax credit provided by
 1085  this chapter. The holder of a permit converted pursuant to this
 1086  subsection or any holder of a permit to conduct greyhound racing
 1087  located in a county in which it is the only permit issued
 1088  pursuant to this section who operates at a leased facility
 1089  pursuant to s. 550.475 may move the location for which the
 1090  permit has been issued to another location within a 30-mile
 1091  radius of the location fixed in the permit issued in that
 1092  county, provided the move does not cross the county boundary and
 1093  such location is approved under the zoning regulations of the
 1094  county or municipality in which the permit is located, and upon
 1095  such relocation may use the permit for the conduct of pari
 1096  mutuel wagering and the operation of a cardroom. The provisions
 1097  of s. 550.6305(9)(d) and (f) shall apply to any permit converted
 1098  under this subsection and shall continue to apply to any permit
 1099  that which was previously included under and subject to such
 1100  provisions before a conversion pursuant to this section
 1101  occurred.
 1102         Section 16. Subsection (2) of section 550.0555, Florida
 1103  Statutes, is amended to read:
 1104         550.0555 Greyhound dogracing permits; relocation within a
 1105  county; conditions.—
 1106         (2) Any holder of a valid outstanding permit for greyhound
 1107  dogracing in a county in which there is only one dogracing
 1108  permit issued, as well as any holder of a valid outstanding
 1109  permit for jai alai in a county where only one jai alai permit
 1110  is issued, is authorized, without the necessity of an additional
 1111  county referendum required under s. 550.0651, to move the
 1112  location for which the permit has been issued to another
 1113  location within a 30-mile radius of the location fixed in the
 1114  permit issued in that county, if provided the move does not
 1115  cross the county boundary, that such relocation is approved
 1116  under the zoning regulations of the county or municipality in
 1117  which the permit is to be located as a planned development use,
 1118  consistent with the comprehensive plan, and that such move is
 1119  approved by the department after it is determined at a
 1120  proceeding pursuant to chapter 120 in the county affected that
 1121  the move is necessary to ensure the revenue-producing capability
 1122  of the permittee without deteriorating the revenue-producing
 1123  capability of any other pari-mutuel permittee within 50 miles;
 1124  the distance shall be measured on a straight line from the
 1125  nearest property line of one racing plant or jai alai fronton to
 1126  the nearest property line of the other.
 1127         Section 17. Section 550.0651, Florida Statutes, is amended
 1128  to read:
 1129         550.0651 Elections for ratification of permits.—
 1130         (1) The holder of any permit may have submitted to the
 1131  electors of the county designated therein the question whether
 1132  or not such permit will be ratified or rejected. Such questions
 1133  shall be submitted to the electors for approval or rejection at
 1134  a special election to be called for that purpose only. The board
 1135  of county commissioners of the county designated, upon the
 1136  presentation to such board at a regular or special meeting of a
 1137  written application, accompanied by a certified copy of the
 1138  permit granted by the department division, and asking for an
 1139  election in the county in which the application was made, shall
 1140  order a special election in the county for the particular
 1141  purpose of deciding whether such permit shall be approved and
 1142  license issued and race meetings permitted in such county by
 1143  such permittee and shall cause the clerk of such board to give
 1144  notice of the special election by publishing the same once each
 1145  week for 2 consecutive weeks in one or more newspapers of
 1146  general circulation in the county. Each permit covering each
 1147  track must be voted upon separately and in separate elections,
 1148  and an election may not be called more often than once every 2
 1149  years for the ratification of any permit covering the same
 1150  track.
 1151         (2) All elections ordered under this chapter must be held
 1152  within 90 days and not less than 21 days after the time of
 1153  presenting such application to the board of county
 1154  commissioners, and the inspectors of election shall be appointed
 1155  and qualified as in cases of general elections, and they shall
 1156  count the votes cast and make due returns of same to the board
 1157  of county commissioners without delay. The board of county
 1158  commissioners shall canvass the returns, declare the results,
 1159  and cause the same to be recorded as provided in the general law
 1160  concerning elections so far as applicable.
 1161         (3) When a permit has been granted by the department
 1162  division and no application to the board of county commissioners
 1163  has been made by the permittee within 6 months after the
 1164  granting of the permit, the permit becomes void. The department
 1165  division shall cancel the permit without notice to the
 1166  permitholder, and the board of county commissioners holding the
 1167  deposit for the election shall refund the deposit to the
 1168  permitholder upon being notified by the department division that
 1169  the permit has become void and has been canceled.
 1170         (4) All electors duly registered and qualified to vote at
 1171  the last preceding general election held in such county are
 1172  qualified electors for such election, and in addition thereto
 1173  the registration books for such county shall be opened on the
 1174  10th day (if the 10th day is a Sunday or a holiday, then on the
 1175  next day not a Sunday or holiday) after such election is ordered
 1176  and called and must remain open for a period of 10 days for
 1177  additional registrations of persons qualified for registration
 1178  but not already registered. Electors for such special election
 1179  have the same qualifications for and prerequisites to voting in
 1180  elections as under the general election laws.
 1181         (5) If at any such special election the majority of the
 1182  electors voting on the question of ratification or rejection of
 1183  any permit vote against such ratification, such permit is void.
 1184  If a majority of the electors voting on the question of
 1185  ratification or rejection of any permit vote for such
 1186  ratification, such permit becomes effectual and the holder
 1187  thereof may conduct racing upon complying with the other
 1188  provisions of this chapter. The board of county commissioners
 1189  shall immediately certify the results of the election to the
 1190  department division.
 1191         Section 18. Subsections (1) and (4) of section 550.0745,
 1192  Florida Statutes, are amended to read:
 1193         550.0745 Conversion of pari-mutuel permit to summer jai
 1194  alai permit.—
 1195         (1) The owner or operator of a pari-mutuel permit who is
 1196  authorized by the department division to conduct pari-mutuel
 1197  pools on exhibition sports in any county having five or more
 1198  such pari-mutuel permits and whose mutuel play from the
 1199  operation of such pari-mutuel pools for the 2 consecutive years
 1200  next prior to filing an application under this section has had
 1201  the smallest play or total pool within the county may apply to
 1202  the department division to convert its permit to a permit to
 1203  conduct a summer jai alai fronton in such county during the
 1204  summer season commencing on May 1 and ending on November 30 of
 1205  each year on such dates as may be selected by such permittee for
 1206  the same number of days and performances as are allowed and
 1207  granted to winter jai alai frontons within such county. If a
 1208  permittee who is eligible under this section to convert a permit
 1209  declines to convert, a new permit is hereby made available in
 1210  that permittee’s county to conduct summer jai alai games as
 1211  provided by this section, notwithstanding mileage and permit
 1212  ratification requirements. If a permittee converts a quarter
 1213  horse permit pursuant to this section, nothing in this section
 1214  prohibits the permittee from obtaining another quarter horse
 1215  permit. Such permittee shall pay the same taxes as are fixed and
 1216  required to be paid from the pari-mutuel pools of winter jai
 1217  alai permittees and is bound by all of the rules and provisions
 1218  of this chapter which apply to the operation of winter jai alai
 1219  frontons. Such permittee shall only be permitted to operate a
 1220  jai alai fronton after its application has been submitted to the
 1221  department division and its license has been issued pursuant to
 1222  the application. The license is renewable from year to year as
 1223  provided by law.
 1224         (4) The provisions of this chapter which prohibit the
 1225  location and operation of jai alai frontons within a specified
 1226  distance from the location of another jai alai fronton or other
 1227  permittee and which prohibit the department division from
 1228  granting any permit at a location within a certain designated
 1229  area do not apply to the provisions of this section and do not
 1230  prevent the issuance of a license under this section.
 1231         Section 19. Section 550.0951, Florida Statutes, is amended
 1232  to read:
 1233         550.0951 Payment of daily license fee and taxes;
 1234  penalties.—
 1235         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
 1236  business of conducting race meetings or jai alai games under
 1237  this chapter, hereinafter referred to as the “permitholder,”
 1238  “licensee,” or “permittee,” shall pay to the department
 1239  division, for the use of the department division, a daily
 1240  license fee on each live or simulcast pari-mutuel event of $100
 1241  for each horserace and $80 for each dograce and $40 for each jai
 1242  alai game conducted at a racetrack or fronton licensed under
 1243  this chapter. In addition to the tax exemption specified in s.
 1244  550.09514(1) of $360,000 or $500,000 per greyhound permitholder
 1245  per state fiscal year, each greyhound permitholder shall receive
 1246  in the current state fiscal year a tax credit equal to the
 1247  number of live greyhound races conducted in the previous state
 1248  fiscal year times the daily license fee specified for each
 1249  dograce in this subsection applicable for the previous state
 1250  fiscal year. This tax credit and the exemption in s.
 1251  550.09514(1) shall be applicable to any tax imposed by this
 1252  chapter or the daily license fees imposed by this chapter except
 1253  during any charity or scholarship performances conducted
 1254  pursuant to s. 550.0351. Each permitholder shall pay daily
 1255  license fees not to exceed $500 per day on any simulcast races
 1256  or games on which such permitholder accepts wagers regardless of
 1257  the number of out-of-state events taken or the number of out-of
 1258  state locations from which such events are taken. This license
 1259  fee shall be deposited with the Chief Financial Officer to the
 1260  credit of the Pari-mutuel Wagering Trust Fund.
 1261         (b) Each permitholder that cannot utilize the full amount
 1262  of the exemption of $360,000 or $500,000 provided in s.
 1263  550.09514(1) or the daily license fee credit provided in this
 1264  section may, after notifying the department division in writing,
 1265  elect once per state fiscal year on a form provided by the
 1266  department division to transfer such exemption or credit or any
 1267  portion thereof to any greyhound permitholder that which acts as
 1268  a host track to such permitholder for the purpose of intertrack
 1269  wagering. Once an election to transfer such exemption or credit
 1270  is filed with the department division, it may shall not be
 1271  rescinded. The department division shall disapprove the transfer
 1272  when the amount of the exemption or credit or portion thereof is
 1273  unavailable to the transferring permitholder or when the
 1274  permitholder who is entitled to transfer the exemption or credit
 1275  or who is entitled to receive the exemption or credit owes taxes
 1276  to the state pursuant to a deficiency letter or administrative
 1277  complaint issued by the department division. Upon approval of
 1278  the transfer by the department division, the transferred tax
 1279  exemption or credit shall be effective for the first performance
 1280  of the next payment period as specified in subsection (5). The
 1281  exemption or credit transferred to such host track may be
 1282  applied by such host track against any taxes imposed by this
 1283  chapter or daily license fees imposed by this chapter. The
 1284  greyhound permitholder host track to which such exemption or
 1285  credit is transferred shall reimburse such permitholder the
 1286  exact monetary value of such transferred exemption or credit as
 1287  actually applied against the taxes and daily license fees of the
 1288  host track. The department division shall ensure that all
 1289  transfers of exemption or credit are made in accordance with
 1290  this subsection, and the department may shall have the authority
 1291  to adopt rules to ensure the implementation of this section.
 1292         (2) ADMISSION TAX.—
 1293         (a) An admission tax equal to 15 percent of the admission
 1294  charge for entrance to the permitholder’s facility and
 1295  grandstand area, or 10 cents, whichever is greater, is imposed
 1296  on each person attending a horserace, dograce, or jai alai game.
 1297  The permitholder shall be responsible for collecting the
 1298  admission tax.
 1299         (b) No admission tax under this chapter or chapter 212
 1300  shall be imposed on any free passes or complimentary cards
 1301  issued to persons for which there is no cost to the person for
 1302  admission to pari-mutuel events.
 1303         (c) A permitholder may issue tax-free passes to its
 1304  officers, officials, and employees or other persons actually
 1305  engaged in working at the racetrack, including accredited press
 1306  representatives such as reporters and editors, and may also
 1307  issue tax-free passes to other permitholders for the use of
 1308  their officers and officials. The permitholder shall file with
 1309  the department division a list of all persons to whom tax-free
 1310  passes are issued under this paragraph.
 1311         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
 1312  contributions to pari-mutuel pools, the aggregate of which is
 1313  hereinafter referred to as “handle,” on races or games conducted
 1314  by the permitholder. The tax is imposed daily and is based on
 1315  the total contributions to all pari-mutuel pools conducted
 1316  during the daily performance. If a permitholder conducts more
 1317  than one performance daily, the tax is imposed on each
 1318  performance separately.
 1319         (a) The tax on handle for quarter horse racing is 1.0
 1320  percent of the handle.
 1321         (b)1. The tax on handle for dogracing is 5.5 percent of the
 1322  handle, except that for live charity performances held pursuant
 1323  to s. 550.0351, and for intertrack wagering on such charity
 1324  performances at a guest greyhound track within the market area
 1325  of the host, the tax is 7.6 percent of the handle.
 1326         2. The tax on handle for jai alai is 7.1 percent of the
 1327  handle.
 1328         (c)1. The tax on handle for intertrack wagering is 2.0
 1329  percent of the handle if the host track is a horse track, 3.3
 1330  percent if the host track is a harness track, 5.5 percent if the
 1331  host track is a dog track, and 7.1 percent if the host track is
 1332  a jai alai fronton. The tax on handle for intertrack wagering is
 1333  0.5 percent if the host track and the guest track are
 1334  thoroughbred permitholders or if the guest track is located
 1335  outside the market area of the host track and within the market
 1336  area of a thoroughbred permitholder currently conducting a live
 1337  race meet. The tax on handle for intertrack wagering on
 1338  rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
 1339  of the handle and 1.5 percent of the handle for intertrack
 1340  wagering on rebroadcasts of simulcast harness horseraces. The
 1341  tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
 1342         2. The tax on handle for intertrack wagers accepted by any
 1343  dog track located in an area of the state in which there are
 1344  only three permitholders, all of which are greyhound
 1345  permitholders, located in three contiguous counties, from any
 1346  greyhound permitholder also located within such area or any dog
 1347  track or jai alai fronton located as specified in s. 550.615(6)
 1348  or (9), on races or games received from the same class of
 1349  permitholder located within the same market area is 3.9 percent
 1350  if the host facility is a greyhound permitholder and, if the
 1351  host facility is a jai alai permitholder, the rate shall be 6.1
 1352  percent except that it shall be 2.3 percent on handle at such
 1353  time as the total tax on intertrack handle paid to the
 1354  department division by the permitholder during the current state
 1355  fiscal year exceeds the total tax on intertrack handle paid to
 1356  the department division by the permitholder during the 1992-1993
 1357  state fiscal year.
 1358         (d) Notwithstanding any other provision of this chapter, in
 1359  order to protect the Florida jai alai industry, effective July
 1360  1, 2000, a jai alai permitholder may not be taxed on live handle
 1361  at a rate higher than 2 percent.
 1362         (4) BREAKS TAX.—Effective October 1, 1996, Each
 1363  permitholder conducting jai alai performances shall pay a tax
 1364  equal to the breaks. The “breaks” represents that portion of
 1365  each pari-mutuel pool which is not redistributed to the
 1366  contributors or withheld by the permitholder as commission.
 1367         (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1368  imposed by this section shall be paid to the department
 1369  division. The department division shall deposit these sums with
 1370  the Chief Financial Officer, to the credit of the Pari-mutuel
 1371  Wagering Trust Fund, hereby established. The permitholder shall
 1372  remit to the department division payment for the daily license
 1373  fee, the admission tax, the tax on handle, and the breaks tax.
 1374  Such payments shall be remitted by 3 p.m. Wednesday of each week
 1375  for taxes imposed and collected for the preceding week ending on
 1376  Sunday. Beginning on July 1, 2012, such payments shall be
 1377  remitted by 3 p.m. on the 5th day of each calendar month for
 1378  taxes imposed and collected for the preceding calendar month. If
 1379  the 5th day of the calendar month falls on a weekend, payments
 1380  shall be remitted by 3 p.m. the first Monday following the
 1381  weekend. Permitholders shall file a report under oath by the 5th
 1382  day of each calendar month for all taxes remitted during the
 1383  preceding calendar month. Such payments shall be accompanied by
 1384  a report under oath showing the total of all admissions, the
 1385  pari-mutuel wagering activities for the preceding calendar
 1386  month, and such other information as may be prescribed by the
 1387  department division.
 1388         (6) PENALTIES.—
 1389         (a) The failure of any permitholder to make payments as
 1390  prescribed in subsection (5) is a violation of this section, and
 1391  the permitholder may be subjected by the department division to
 1392  a civil penalty of up to $1,000 for each day the tax payment is
 1393  not remitted. All penalties imposed and collected shall be
 1394  deposited in the General Revenue Fund. If a permitholder fails
 1395  to pay penalties imposed by order of the department division
 1396  under this subsection, the department division may suspend or
 1397  revoke the license of the permitholder, cancel the permit of the
 1398  permitholder, or deny issuance of any further license or permit
 1399  to the permitholder.
 1400         (b) In addition to the civil penalty prescribed in
 1401  paragraph (a), any willful or wanton failure by any permitholder
 1402  to make payments of the daily license fee, admission tax, tax on
 1403  handle, or breaks tax constitutes sufficient grounds for the
 1404  department division to suspend or revoke the license of the
 1405  permitholder, to cancel the permit of the permitholder, or to
 1406  deny issuance of any further license or permit to the
 1407  permitholder.
 1408         Section 20. Subsections (2) and (3) of section 550.09511,
 1409  Florida Statutes, are amended to read:
 1410         550.09511 Jai alai taxes; abandoned interest in a permit
 1411  for nonpayment of taxes.—
 1412         (2) Notwithstanding the provisions of s. 550.0951(3)(b),
 1413  wagering on live jai alai performances shall be subject to the
 1414  following taxes:
 1415         (a)1. The tax on handle per performance for live jai alai
 1416  performances is 4.25 percent of handle per performance. However,
 1417  when the live handle of a permitholder during the preceding
 1418  state fiscal year was less than $15 million, the tax shall be
 1419  paid on the handle in excess of $30,000 per performance per day.
 1420         2. The tax rate shall be applicable only until the
 1421  requirements of paragraph (b) are met.
 1422         (b) At such time as the total of admissions tax, daily
 1423  license fee, and tax on handle for live jai alai performances
 1424  paid to the department division by a permitholder during the
 1425  current state fiscal year exceeds the total state tax revenues
 1426  from wagering on live jai alai performances paid or due by the
 1427  permitholder in fiscal year 1991-1992, the permitholder shall
 1428  pay tax on handle for live jai alai performances at a rate of
 1429  2.55 percent of the handle per performance for the remainder of
 1430  the current state fiscal year. For purposes of this section,
 1431  total state tax revenues on live jai alai wagering in fiscal
 1432  year 1991-1992 shall include any admissions tax, tax on handle,
 1433  surtaxes on handle, and daily license fees.
 1434         (c) If no tax on handle for live jai alai performances were
 1435  paid to the department division by a jai alai permitholder
 1436  during the 1991-1992 state fiscal year, then at such time as the
 1437  total of admissions tax, daily license fee, and tax on handle
 1438  for live jai alai performances paid to the department division
 1439  by a permitholder during the current state fiscal year exceeds
 1440  the total state tax revenues from wagering on live jai alai
 1441  performances paid or due by the permitholder in the last state
 1442  fiscal year in which the permitholder conducted a full schedule
 1443  of live games, the permitholder shall pay tax on handle for live
 1444  jai alai performances at a rate of 3.3 percent of the handle per
 1445  performance for the remainder of the current state fiscal year.
 1446  For purposes of this section, total state tax revenues on live
 1447  jai alai wagering shall include any admissions tax, tax on
 1448  handle, surtaxes on handle, and daily license fees. This
 1449  paragraph shall take effect July 1, 1993.
 1450         (d) A permitholder who obtains a new permit issued by the
 1451  department division subsequent to the 1991-1992 state fiscal
 1452  year and a permitholder whose permit has been converted to a jai
 1453  alai permit under the provisions of this chapter, shall, at such
 1454  time as the total of admissions tax, daily license fee, and tax
 1455  on handle for live jai alai performances paid to the department
 1456  division by the permitholder during the current state fiscal
 1457  year exceeds the average total state tax revenues from wagering
 1458  on live jai alai performances for the first 3 consecutive jai
 1459  alai seasons paid to or due the department division by the
 1460  permitholder and during which the permitholder conducted a full
 1461  schedule of live games, pay tax on handle for live jai alai
 1462  performances at a rate of 3.3 percent of the handle per
 1463  performance for the remainder of the current state fiscal year.
 1464         (e) The payment of taxes pursuant to paragraphs (b), (c),
 1465  and (d) shall be calculated and commence beginning the day in
 1466  which the permitholder is first entitled to the reduced rate
 1467  specified in this section and the report of taxes required by s.
 1468  550.0951(5) is submitted to the department division.
 1469         (f) A jai alai permitholder paying taxes under this section
 1470  shall retain the breaks and pay an amount equal to the breaks as
 1471  special prize awards, which shall be in addition to the regular
 1472  contracted prize money paid to jai alai players at the
 1473  permitholder’s facility. Payment of the special prize money
 1474  shall be made during the permitholder’s current meet.
 1475         (g) For purposes of this section, “handle” has shall have
 1476  the same meaning as in s. 550.0951, and does shall not include
 1477  handle from intertrack wagering.
 1478         (3)(a) Notwithstanding the provisions of subsection (2) and
 1479  s. 550.0951(3)(c)1., any jai alai permitholder that which is
 1480  restricted under Florida law from operating live performances on
 1481  a year-round basis is entitled to conduct wagering on live
 1482  performances at a tax rate of 3.85 percent of live handle. Such
 1483  permitholder is also entitled to conduct intertrack wagering as
 1484  a host permitholder on live jai alai games at its fronton at a
 1485  tax rate of 3.3 percent of handle at such time as the total tax
 1486  on intertrack handle paid to the department division by the
 1487  permitholder during the current state fiscal year exceeds the
 1488  total tax on intertrack handle paid to the department division
 1489  by the permitholder during the 1992-1993 state fiscal year.
 1490         (b) The payment of taxes pursuant to paragraph (a) shall be
 1491  calculated and commence beginning the day in which the
 1492  permitholder is first entitled to the reduced rate specified in
 1493  this subsection.
 1494         Section 21. Section 550.09512, Florida Statutes, is amended
 1495  to read:
 1496         550.09512 Harness horse taxes; abandoned interest in a
 1497  permit for nonpayment of taxes.—
 1498         (1) Pari-mutuel wagering at harness horse racetracks in
 1499  this state is an important business enterprise, and taxes
 1500  derived therefrom constitute a part of the tax structure which
 1501  funds operation of the state. Harness horse permitholders should
 1502  pay their fair share of these taxes to the state. This business
 1503  interest should not be taxed to such an extent as to cause any
 1504  racetrack that which is operated under sound business principles
 1505  to be forced out of business. Due to the need to protect the
 1506  public health, safety, and welfare, the gaming laws of the state
 1507  provide for the harness horse industry to be highly regulated
 1508  and taxed. The state recognizes that there exist identifiable
 1509  differences between harness horse permitholders based upon their
 1510  ability to operate under such regulation and tax system.
 1511         (2)(a) The tax on handle for live harness horse
 1512  performances is 0.5 percent of handle per performance.
 1513         (b) For purposes of this section, the term “handle” has
 1514  shall have the same meaning as in s. 550.0951, and does shall
 1515  not include handle from intertrack wagering.
 1516         (3)(a) The permit of a harness horse permitholder who does
 1517  not pay tax on handle for live harness horse performances for a
 1518  full schedule of live races during any 2 consecutive state
 1519  fiscal years shall be void and shall escheat to and become the
 1520  property of the state unless such failure to operate and pay tax
 1521  on handle was the direct result of fire, strike, war, or other
 1522  disaster or event beyond the ability of the permitholder to
 1523  control. Financial hardship to the permitholder does shall not,
 1524  in and of itself, constitute just cause for failure to operate
 1525  and pay tax on handle.
 1526         (b) In order to maximize the tax revenues to the state, the
 1527  department division shall reissue an escheated harness horse
 1528  permit to a qualified applicant pursuant to the provisions of
 1529  this chapter as for the issuance of an initial permit. However,
 1530  the provisions of this chapter relating to referendum
 1531  requirements for a pari-mutuel permit do shall not apply to the
 1532  reissuance of an escheated harness horse permit. As specified in
 1533  the application and upon approval by the department division of
 1534  an application for the permit, the new permitholder is shall be
 1535  authorized to operate a harness horse facility anywhere in the
 1536  same county in which the escheated permit was authorized to be
 1537  operated, notwithstanding the provisions of s. 550.054(2)
 1538  relating to mileage limitations.
 1539         (4) If In the event that a court of competent jurisdiction
 1540  determines any of the provisions of this section to be
 1541  unconstitutional, it is the intent of the Legislature that the
 1542  provisions contained in this section shall be null and void and
 1543  that the provisions of s. 550.0951 shall apply to all harness
 1544  horse permitholders beginning on the date of such judicial
 1545  determination. To this end, the Legislature declares that it
 1546  would not have enacted any of the provisions of this section
 1547  individually and, to that end, expressly finds them not to be
 1548  severable.
 1549         Section 22. Subsection (2) of section 550.09514, Florida
 1550  Statutes, is amended to read:
 1551         550.09514 Greyhound dogracing taxes; purse requirements.—
 1552         (2)(a) The division shall determine for each greyhound
 1553  permitholder the annual purse percentage rate of live handle for
 1554  the state fiscal year 1993-1994 by dividing total purses paid on
 1555  live handle by the permitholder, exclusive of payments made from
 1556  outside sources, during the 1993-1994 state fiscal year by the
 1557  permitholder’s live handle for the 1993-1994 state fiscal year.
 1558  Each permitholder shall pay as purses for live races conducted
 1559  during its current race meet at least the same ratio of purses
 1560  paid on live handle excluding payments from outside sources
 1561  divided by the permitholder’s live handle as it paid during the
 1562  a percentage of its live handle not less than the percentage
 1563  determined under this paragraph, exclusive of payments made by
 1564  outside sources, for its 1993-1994 state fiscal year, as
 1565  determined by the department.
 1566         (b) Except as otherwise set forth herein, in addition to
 1567  the minimum purse percentage required by paragraph (a), each
 1568  permitholder shall pay as purses an annual amount equal to 75
 1569  percent of the daily license fees paid by each permitholder for
 1570  the 1994-1995 fiscal year. This purse supplement shall be
 1571  disbursed weekly during the permitholder’s race meet in an
 1572  amount determined by dividing the annual purse supplement by the
 1573  number of performances approved for the permitholder pursuant to
 1574  its annual license and multiplying that amount by the number of
 1575  performances conducted each week. For the greyhound
 1576  permitholders in the county where there are two greyhound
 1577  permitholders located as specified in s. 550.615(6), such
 1578  permitholders shall pay in the aggregate an amount equal to 75
 1579  percent of the daily license fees paid by such permitholders for
 1580  the 1994-1995 fiscal year. These permitholders shall be jointly
 1581  and severally liable for such purse payments. The additional
 1582  purses provided by this paragraph must be used exclusively for
 1583  purses other than stakes. The department division shall conduct
 1584  audits necessary to ensure compliance with this section.
 1585         (c)1. Each greyhound permitholder when conducting at least
 1586  three live performances during any week shall pay purses in that
 1587  week on wagers it accepts as a guest track on intertrack and
 1588  simulcast greyhound races at the same rate as it pays on live
 1589  races. Each greyhound permitholder when conducting at least
 1590  three live performances during any week shall pay purses in that
 1591  week, at the same rate as it pays on live races, on wagers
 1592  accepted on greyhound races at a guest track that which is not
 1593  conducting live racing and is located within the same market
 1594  area as the greyhound permitholder conducting at least three
 1595  live performances during any week.
 1596         2. Each host greyhound permitholder shall pay purses on its
 1597  simulcast and intertrack broadcasts of greyhound races to guest
 1598  facilities that are located outside its market area in an amount
 1599  equal to one quarter of an amount determined by subtracting the
 1600  transmission costs of sending the simulcast or intertrack
 1601  broadcasts from an amount determined by adding the fees received
 1602  for greyhound simulcast races plus 3 percent of the greyhound
 1603  intertrack handle at guest facilities that are located outside
 1604  the market area of the host and that paid contractual fees to
 1605  the host for such broadcasts of greyhound races.
 1606         (d) The division shall require sufficient documentation
 1607  from each greyhound permitholder regarding purses paid on live
 1608  racing to assure that the annual purse percentage rates paid by
 1609  each permitholder on the live races are not reduced below those
 1610  paid during the 1993-1994 state fiscal year. The division shall
 1611  require sufficient documentation from each greyhound
 1612  permitholder to assure that the purses paid by each permitholder
 1613  on the greyhound intertrack and simulcast broadcasts are in
 1614  compliance with the requirements of paragraph (c).
 1615         (d)(e) In addition to the purse requirements of paragraphs
 1616  (a)-(c), each greyhound permitholder shall pay as purses an
 1617  amount equal to one-third of the amount of the tax reduction on
 1618  live and simulcast handle applicable to such permitholder as a
 1619  result of the reductions in tax rates on handle made by chapter
 1620  2000-354, Laws of Florida, in provided by this act through the
 1621  amendments to s. 550.0951(3). With respect to intertrack
 1622  wagering if when the host and guest tracks are greyhound
 1623  permitholders not within the same market area, an amount equal
 1624  to the tax reduction applicable to the guest track handle as a
 1625  result of the reduction in tax rate on handle made by chapter
 1626  2000-354, Laws of Florida, in provided by this act through the
 1627  amendment to s. 550.0951(3) shall be distributed to the guest
 1628  track, one-third of which amount shall be paid as purses at the
 1629  guest track. However, if the guest track is a greyhound
 1630  permitholder within the market area of the host or if the guest
 1631  track is not a greyhound permitholder, an amount equal to such
 1632  tax reduction applicable to the guest track handle shall be
 1633  retained by the host track, one-third of which amount shall be
 1634  paid as purses at the host track. These purse funds shall be
 1635  disbursed in the week received if the permitholder conducts at
 1636  least one live performance during that week. If the permitholder
 1637  does not conduct at least one live performance during the week
 1638  in which the purse funds are received, the purse funds shall be
 1639  disbursed weekly during the permitholder’s next race meet in an
 1640  amount determined by dividing the purse amount by the number of
 1641  performances approved for the permitholder pursuant to its
 1642  annual license, and multiplying that amount by the number of
 1643  performances conducted each week. The department division shall
 1644  conduct audits necessary to ensure compliance with this
 1645  paragraph.
 1646         (e)(f) Each greyhound permitholder shall, during the
 1647  permitholder’s race meet, supply kennel operators and the
 1648  department Division of Pari-Mutuel Wagering with a weekly report
 1649  showing purses paid on live greyhound races and all greyhound
 1650  intertrack and simulcast broadcasts, including both as a guest
 1651  and a host together with the handle or commission calculations
 1652  on which such purses were paid and the transmission costs of
 1653  sending the simulcast or intertrack broadcasts, so that the
 1654  kennel operators may determine statutory and contractual
 1655  compliance.
 1656         (f)(g) Each greyhound permitholder shall make direct
 1657  payment of purses to the greyhound owners who have filed with
 1658  such permitholder appropriate federal taxpayer identification
 1659  information based on the percentage amount agreed upon between
 1660  the kennel operator and the greyhound owner.
 1661         (g)(h) At the request of a majority of kennel operators
 1662  under contract with a greyhound permitholder, the permitholder
 1663  shall make deductions from purses paid to each kennel operator
 1664  electing such deduction and shall make a direct payment of such
 1665  deductions to the local association of greyhound kennel
 1666  operators formed by a majority of kennel operators under
 1667  contract with the permitholder. The amount of the deduction
 1668  shall be at least 1 percent of purses, as determined by the
 1669  local association of greyhound kennel operators. No deductions
 1670  may be taken pursuant to this paragraph without a kennel
 1671  operator’s specific approval before or after the effective date
 1672  of this act.
 1673         Section 23. Subsection (3) of section 550.09515, Florida
 1674  Statutes, is amended to read:
 1675         550.09515 Thoroughbred horse taxes; abandoned interest in a
 1676  permit for nonpayment of taxes.—
 1677         (3)(a) The permit of a thoroughbred horse permitholder who
 1678  does not pay tax on handle for live thoroughbred horse
 1679  performances for a full schedule of live races during any 2
 1680  consecutive state fiscal years shall be void and shall escheat
 1681  to and become the property of the state unless such failure to
 1682  operate and pay tax on handle was the direct result of fire,
 1683  strike, war, or other disaster or event beyond the ability of
 1684  the permitholder to control. Financial hardship to the
 1685  permitholder does shall not, in and of itself, constitute just
 1686  cause for failure to operate and pay tax on handle.
 1687         (b) In order to maximize the tax revenues to the state, the
 1688  department division shall reissue an escheated thoroughbred
 1689  horse permit to a qualified applicant pursuant to the provisions
 1690  of this chapter as for the issuance of an initial permit.
 1691  However, the provisions of this chapter relating to referendum
 1692  requirements for a pari-mutuel permit do shall not apply to the
 1693  reissuance of an escheated thoroughbred horse permit. As
 1694  specified in the application and upon approval by the department
 1695  division of an application for the permit, the new permitholder
 1696  shall be authorized to operate a thoroughbred horse facility
 1697  anywhere in the same county in which the escheated permit was
 1698  authorized to be operated, notwithstanding the provisions of s.
 1699  550.054(2) relating to mileage limitations.
 1700         Section 24. Section 550.105, Florida Statutes, is amended
 1701  to read:
 1702         550.105 Occupational licenses of racetrack employees; fees;
 1703  denial, suspension, and revocation of license; penalties and
 1704  fines.—
 1705         (1) Each person connected with a racetrack or jai alai
 1706  fronton, as specified in paragraph (2)(a), shall purchase from
 1707  the department division an occupational license. All moneys
 1708  collected pursuant to this section each fiscal year shall be
 1709  deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to
 1710  the rules adopted by the department division, an occupational
 1711  license may be valid for a period of up to 3 years for a fee
 1712  that does not exceed the full occupational license fee for each
 1713  of the years for which the license is purchased. The
 1714  occupational license shall be valid during its specified term at
 1715  any pari-mutuel facility.
 1716         (2)(a) The following licenses shall be issued to persons or
 1717  entities with access to the backside, racing animals, jai alai
 1718  players’ room, jockeys’ room, drivers’ room, totalisator room,
 1719  the mutuels, or money room, or to persons who, by virtue of the
 1720  position they hold, might be granted access to these areas or to
 1721  any other person or entity in one of the following categories
 1722  and with fees not to exceed the following amounts for any 12
 1723  month period:
 1724         1. Business licenses: any business such as a vendor,
 1725  contractual concessionaire, contract kennel, business owning
 1726  racing animals, trust or estate, totalisator company, stable
 1727  name, or other fictitious name: $50.
 1728         2. Professional occupational licenses: professional persons
 1729  with access to the backside of a racetrack or players’ quarters
 1730  in jai alai such as trainers, officials, veterinarians, doctors,
 1731  nurses, emergency medical technicians EMT’s, jockeys and
 1732  apprentices, drivers, jai alai players, owners, trustees, or any
 1733  management or officer or director or shareholder or any other
 1734  professional-level person who might have access to the jockeys’
 1735  room, the drivers’ room, the backside, racing animals, kennel
 1736  compound, or managers or supervisors requiring access to mutuels
 1737  machines, the money room, or totalisator equipment: $40.
 1738         3. General occupational licenses: general employees with
 1739  access to the jockeys’ room, the drivers’ room, racing animals,
 1740  the backside of a racetrack or players’ quarters in jai alai,
 1741  such as grooms, kennel helpers, leadouts, pelota makers, cesta
 1742  makers, or ball boys, or a practitioner of any other occupation
 1743  who would have access to the animals, the backside, or the
 1744  kennel compound, or who would provide the security or
 1745  maintenance of these areas, or mutuel employees, totalisator
 1746  employees, money-room employees, or any employee with access to
 1747  mutuels machines, the money room, or totalisator equipment or
 1748  who would provide the security or maintenance of these areas:
 1749  $10.
 1750  
 1751  The individuals and entities that are licensed under this
 1752  paragraph require heightened state scrutiny, including the
 1753  submission by the individual licensees or persons associated
 1754  with the entities described in this chapter of fingerprints for
 1755  a Federal Bureau of Investigation criminal records check.
 1756         (b) The department division shall adopt rules pertaining to
 1757  pari-mutuel occupational licenses, licensing periods, and
 1758  renewal cycles.
 1759         (3) Certified public accountants and attorneys licensed to
 1760  practice in this state are shall not be required to hold an
 1761  occupational license under this section while providing
 1762  accounting or legal services to a permitholder if the certified
 1763  public accountant’s or attorney’s primary place of employment is
 1764  not on the permitholder premises.
 1765         (4) It is unlawful to take part in or officiate in any way
 1766  at any pari-mutuel facility without first having secured a
 1767  license and paid the occupational license fee.
 1768         (5)(a) The department division may:
 1769         1. Deny a license to or revoke, suspend, or place
 1770  conditions upon or restrictions on a license of any person who
 1771  has been refused a license by any other state racing commission
 1772  or racing authority;
 1773         2. Deny, suspend, or place conditions on a license of any
 1774  person who is under suspension or has unpaid fines in another
 1775  jurisdiction;
 1776  
 1777  if the state racing commission or racing authority of such other
 1778  state or jurisdiction extends to the department division
 1779  reciprocal courtesy to maintain the disciplinary control.
 1780         (b) The department division may deny, suspend, revoke, or
 1781  declare ineligible any occupational license if the applicant for
 1782  or holder thereof has violated the provisions of this chapter or
 1783  the rules of the department division governing the conduct of
 1784  persons connected with racetracks and frontons. In addition, the
 1785  department division may deny, suspend, revoke, or declare
 1786  ineligible any occupational license if the applicant for such
 1787  license has been convicted in this state, in any other state, or
 1788  under the laws of the United States of a capital felony, a
 1789  felony, or an offense in any other state which would be a felony
 1790  under the laws of this state involving arson; trafficking in,
 1791  conspiracy to traffic in, smuggling, importing, conspiracy to
 1792  smuggle or import, or delivery, sale, or distribution of a
 1793  controlled substance; or a crime involving a lack of good moral
 1794  character, or has had a pari-mutuel license revoked by this
 1795  state or any other jurisdiction for an offense related to pari
 1796  mutuel wagering.
 1797         (c) The department division may deny, declare ineligible,
 1798  or revoke any occupational license if the applicant for such
 1799  license has been convicted of a felony or misdemeanor in this
 1800  state, in any other state, or under the laws of the United
 1801  States, if such felony or misdemeanor is related to gambling or
 1802  bookmaking, as contemplated in s. 849.25, or involves cruelty to
 1803  animals. If the applicant establishes that she or he is of good
 1804  moral character, that she or he has been rehabilitated, and that
 1805  the crime she or he was convicted of is not related to pari
 1806  mutuel wagering and is not a capital offense, the restrictions
 1807  excluding offenders may be waived by the director of the
 1808  department division.
 1809         (d) For purposes of this subsection, the term “convicted”
 1810  means having been found guilty, with or without adjudication of
 1811  guilt, as a result of a jury verdict, nonjury trial, or entry of
 1812  a plea of guilty or nolo contendere. However, the term
 1813  “conviction” may shall not be applied to a crime committed prior
 1814  to the effective date of this subsection in a manner that would
 1815  invalidate any occupational license issued prior to the
 1816  effective date of this subsection or subsequent renewal for any
 1817  person holding such a license.
 1818         (e) If an occupational license will expire by department
 1819  division rule during the period of a suspension the department
 1820  division intends to impose, or if a license would have expired
 1821  but for pending administrative charges and the occupational
 1822  licensee is found to be in violation of any of the charges, the
 1823  license may be revoked and a time period of license
 1824  ineligibility may be declared. The department division may bring
 1825  administrative charges against any person not holding a current
 1826  license for violations of statutes or rules which occurred while
 1827  such person held an occupational license, and the department
 1828  division may declare such person ineligible to hold a license
 1829  for a period of time. The department division may impose a civil
 1830  fine of up to $1,000 for each violation of the rules of the
 1831  department division in addition to or in lieu of any other
 1832  penalty provided for in this section. In addition to any other
 1833  penalty provided by law, the department division may exclude
 1834  from all pari-mutuel facilities in this state, for a period not
 1835  to exceed the period of suspension, revocation, or
 1836  ineligibility, any person whose occupational license application
 1837  has been denied by the department division, who has been
 1838  declared ineligible to hold an occupational license, or whose
 1839  occupational license has been suspended or revoked by the
 1840  department division.
 1841         (f) The department division may cancel any occupational
 1842  license that has been voluntarily relinquished by the licensee.
 1843         (6) In order to promote the orderly presentation of pari
 1844  mutuel meets authorized in this chapter, the department division
 1845  may issue a temporary occupational license. The department
 1846  division shall adopt rules to implement this subsection.
 1847  However, no temporary occupational license shall be valid for
 1848  more than 90 days, and no more than one temporary license may be
 1849  issued for any person in any year.
 1850         (7) The department division may deny, revoke, or suspend
 1851  any occupational license if the applicant therefor or holder
 1852  thereof accumulates unpaid obligations or defaults in
 1853  obligations, or issues drafts or checks that are dishonored or
 1854  for which payment is refused without reasonable cause, if such
 1855  unpaid obligations, defaults, or dishonored or refused drafts or
 1856  checks directly relate to the sport of jai alai or racing being
 1857  conducted at a pari-mutuel facility within this state.
 1858         (8) The department division may fine, or suspend or revoke,
 1859  or place conditions upon, the license of any licensee who under
 1860  oath knowingly provides false information regarding an
 1861  investigation by the department division.
 1862         (9) The tax imposed by this section is in lieu of all
 1863  license, excise, or occupational taxes to the state or any
 1864  county, municipality, or other political subdivision, except
 1865  that, if a race meeting or game is held or conducted in a
 1866  municipality, the municipality may assess and collect an
 1867  additional tax against any person conducting live racing or
 1868  games within its corporate limits, which tax may not exceed $150
 1869  per day for horseracing or $50 per day for dogracing or jai
 1870  alai. Except as provided in this chapter, a municipality may not
 1871  assess or collect any additional excise or revenue tax against
 1872  any person conducting race meetings within the corporate limits
 1873  of the municipality or against any patron of any such person.
 1874         (10)(a) Upon application for an occupational license, the
 1875  department division may require the applicant’s full legal name;
 1876  any nickname, alias, or maiden name for the applicant; name of
 1877  the applicant’s spouse; the applicant’s date of birth, residence
 1878  address, mailing address, residence address and business phone
 1879  number, and social security number; disclosure of any felony or
 1880  any conviction involving bookmaking, illegal gambling, or
 1881  cruelty to animals; disclosure of any past or present
 1882  enforcement or actions by any racing or gaming agency against
 1883  the applicant; and any information the department division
 1884  determines is necessary to establish the identity of the
 1885  applicant or to establish that the applicant is of good moral
 1886  character. Fingerprints shall be taken in a manner approved by
 1887  the department division and then shall be submitted to the
 1888  Federal Bureau of Investigation, or to the association of state
 1889  officials regulating pari-mutuel wagering pursuant to the
 1890  Federal Pari-mutuel Licensing Simplification Act of 1988. The
 1891  cost of processing fingerprints shall be borne by the applicant
 1892  and paid to the association of state officials regulating pari
 1893  mutuel wagering from the trust fund to which the processing fees
 1894  are deposited. The department division, by rule, may require
 1895  additional information from licensees which is reasonably
 1896  necessary to regulate the industry. The department division may,
 1897  by rule, exempt certain occupations or groups of persons from
 1898  the fingerprinting requirements.
 1899         (b) All fingerprints required by this section which that
 1900  are submitted to the Department of Law Enforcement shall be
 1901  retained by the Department of Law Enforcement and entered into
 1902  the statewide automated fingerprint identification system as
 1903  authorized by s. 943.05(2)(b) and shall be available for all
 1904  purposes and uses authorized for arrest fingerprint cards
 1905  entered into the statewide automated fingerprint identification
 1906  system pursuant to s. 943.051.
 1907         (c) The Department of Law Enforcement shall search all
 1908  arrest fingerprints received pursuant to s. 943.051 against the
 1909  fingerprints retained in the statewide automated fingerprint
 1910  identification system under paragraph (b). Any arrest record
 1911  that is identified with the retained fingerprints of a person
 1912  subject to the criminal history screening requirements of this
 1913  section shall be reported to the department division. Each
 1914  licensee shall pay a fee to the department division for the cost
 1915  of retention of the fingerprints and the ongoing searches under
 1916  this paragraph. The department division shall forward the
 1917  payment to the Department of Law Enforcement. The amount of the
 1918  fee to be imposed for performing these searches and the
 1919  procedures for the retention of licensee fingerprints shall be
 1920  as established by rule of the Department of Law Enforcement. The
 1921  department division shall inform the Department of Law
 1922  Enforcement of any change in the license status of licensees
 1923  whose fingerprints are retained under paragraph (b).
 1924         (d) The department division shall request the Department of
 1925  Law Enforcement to forward the fingerprints to the Federal
 1926  Bureau of Investigation for a national criminal history records
 1927  check at least once every 5 years following issuance of a
 1928  license. If the fingerprints of a person who is licensed have
 1929  not been retained by the Department of Law Enforcement, the
 1930  person must file a complete set of fingerprints as provided in
 1931  paragraph (a). The department division shall collect the fees
 1932  for the cost of the national criminal history records check
 1933  under this paragraph and forward the payment to the Department
 1934  of Law Enforcement. The cost of processing fingerprints and
 1935  conducting a criminal history records check under this paragraph
 1936  for a general occupational license shall be borne by the
 1937  applicant. The cost of processing fingerprints and conducting a
 1938  criminal history records check under this paragraph for a
 1939  business or professional occupational license shall be borne by
 1940  the person being checked. The Department of Law Enforcement may
 1941  send an invoice to the department division for the fingerprints
 1942  submitted each month. Under penalty of perjury, each person who
 1943  is licensed or who is fingerprinted as required by this section
 1944  must agree to inform the department division within 48 hours if
 1945  he or she is convicted of or has entered a plea of guilty or
 1946  nolo contendere to any disqualifying offense, regardless of
 1947  adjudication.
 1948         Section 25. Subsection (1) of section 550.1155, Florida
 1949  Statutes, is amended to read:
 1950         550.1155 Authority of stewards, judges, panel of judges, or
 1951  player’s manager to impose penalties against occupational
 1952  licensees; disposition of funds collected.—
 1953         (1) The stewards at a horse racetrack; the judges at a dog
 1954  track; or the judges, a panel of judges, or a player’s manager
 1955  at a jai alai fronton may impose a civil penalty against any
 1956  occupational licensee for violation of the pari-mutuel laws or
 1957  any rule adopted by the department division. The penalty may not
 1958  exceed $1,000 for each count or separate offense or exceed 60
 1959  days of suspension for each count or separate offense.
 1960         Section 26. Subsections (2) and (3) of section 550.125,
 1961  Florida Statutes, are amended to read:
 1962         550.125 Uniform reporting system; bond requirement.—
 1963         (2)(a) Each permitholder that conducts race meetings or jai
 1964  alai exhibitions under this chapter shall keep records that
 1965  clearly show the total number of admissions and the total amount
 1966  of money contributed to each pari-mutuel pool on each race or
 1967  exhibition separately and the amount of money received daily
 1968  from admission fees and, within 120 days after the end of its
 1969  fiscal year, shall submit to the division a complete annual
 1970  report of its accounts, audited by a certified public accountant
 1971  licensed to practice in the state.
 1972         (b) The department division shall adopt rules specifying
 1973  the form and content of such reports, including, but not limited
 1974  to, requirements for a statement of assets and liabilities,
 1975  operating revenues and expenses, and net worth, which statement
 1976  must be audited by a certified public accountant licensed to
 1977  practice in this state, and any supporting informational
 1978  schedule found necessary by the department division to verify
 1979  the foregoing financial statement, which informational schedule
 1980  must be attested to under oath by the permitholder or an officer
 1981  of record, to permit the division to:
 1982         1. Assess the profitability and financial soundness of
 1983  permitholders, both individually and as an industry;
 1984         2. Plan and recommend measures necessary to preserve and
 1985  protect the pari-mutuel revenues of the state; and
 1986         3. Completely identify the holdings, transactions, and
 1987  investments of permitholders with other business entities.
 1988         (c) The Auditor General and the Office of Program Policy
 1989  Analysis and Government Accountability may, pursuant to their
 1990  own authority or at the direction of the Legislative Auditing
 1991  Committee, audit, examine, and check the books and records of
 1992  any permitholder. These audit reports shall become part of, and
 1993  be maintained in, the division files.
 1994         (d) The department division shall annually review the books
 1995  and records of each permitholder and verify that the breaks and
 1996  unclaimed ticket payments made by each permitholder are true and
 1997  correct.
 1998         (3)(a) Each permitholder to which a license is granted
 1999  under this chapter, at its own cost and expense, must, before
 2000  the license is delivered, give a bond in the penal sum of
 2001  $50,000 payable to the Governor of the state and her or his
 2002  successors in office, with a surety or sureties to be approved
 2003  by the department division and the Chief Financial Officer,
 2004  conditioned to faithfully make the payments to the Chief
 2005  Financial Officer in her or his capacity as treasurer of the
 2006  department division; to keep its books and records and make
 2007  reports as provided; and to conduct its racing in conformity
 2008  with this chapter. When the greatest amount of tax owed during
 2009  any month in the prior state fiscal year, in which a full
 2010  schedule of live racing was conducted, is less than $50,000, the
 2011  department division may assess a bond in a sum less than
 2012  $50,000. The department division may review the bond for
 2013  adequacy and require adjustments each fiscal year. The division
 2014  may has the authority to adopt rules to implement this paragraph
 2015  and establish guidelines for such bonds.
 2016         (b) The provisions of this chapter concerning bonding do
 2017  not apply to nonwagering licenses issued pursuant to s. 550.505.
 2018         Section 27. Subsections (1) and (3) of section 550.135,
 2019  Florida Statutes, are amended to read:
 2020         550.135 Division of moneys derived under this law.—All
 2021  moneys that are deposited with the Chief Financial Officer to
 2022  the credit of the Pari-mutuel Wagering Trust Fund shall be
 2023  distributed as follows:
 2024         (1) The daily license fee revenues collected pursuant to s.
 2025  550.0951(1) shall be used to fund the operating cost of the
 2026  department division and to provide a proportionate share of the
 2027  operation of the office of the secretary and the Division of
 2028  Administration of the Department of Business and Professional
 2029  Regulation; however, other collections in the Pari-mutuel
 2030  Wagering Trust Fund may also be used to fund the operation of
 2031  the division in accordance with authorized appropriations.
 2032         (3) The slot machine license fee, the slot machine
 2033  occupational license fee, and the compulsive or addictive
 2034  gambling prevention program fee collected pursuant to ss.
 2035  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
 2036  direct and indirect operating expenses of the department’s
 2037  division’s slot machine regulation operations and to provide
 2038  funding for relevant enforcement activities in accordance with
 2039  authorized appropriations. Funds deposited into the Pari-mutuel
 2040  Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
 2041  and 551.118 shall be reserved in the trust fund for slot machine
 2042  regulation operations. On June 30, any unappropriated funds in
 2043  excess of those necessary for incurred obligations and
 2044  subsequent year cash flow for slot machine regulation operations
 2045  shall be deposited with the Chief Financial Officer to the
 2046  credit of the General Revenue Fund.
 2047         Section 28. Subsection (1) of section 550.155, Florida
 2048  Statutes, is amended to read:
 2049         550.155 Pari-mutuel pool within track enclosure; takeouts;
 2050  breaks; penalty for purchasing part of a pari-mutuel pool for or
 2051  through another in specified circumstances.—
 2052         (1) Wagering on the results of a horserace, dograce, or on
 2053  the scores or points of a jai alai game and the sale of tickets
 2054  or other evidences showing an interest in or a contribution to a
 2055  pari-mutuel pool are allowed within the enclosure of any pari
 2056  mutuel facility licensed and conducted under this chapter but
 2057  are not allowed elsewhere in this state, must be supervised by
 2058  the department division, and are subject to such reasonable
 2059  rules that the department division prescribes.
 2060         Section 29. Subsection (2) and paragraph (a) of subsection
 2061  (3) of section 550.1648, Florida Statutes, are amended to read:
 2062         550.1648 Greyhound adoptions.—
 2063         (2) In addition to the charity days authorized under s.
 2064  550.0351, a greyhound permitholder may fund the greyhound
 2065  adoption program by holding a charity racing day designated as
 2066  “Greyhound Adopt-A-Pet Day.” All profits derived from the
 2067  operation of the charity day must be placed into a fund used to
 2068  support activities at the racing facility which promote the
 2069  adoption of greyhounds. The department division may adopt rules
 2070  for administering the fund. Proceeds from the charity day
 2071  authorized in this subsection may not be used as a source of
 2072  funds for the purposes set forth in s. 550.1647.
 2073         (3)(a) Upon a violation of this section by a permitholder
 2074  or licensee, the department division may impose a penalty as
 2075  provided in s. 550.0251(10) and require the permitholder to take
 2076  corrective action.
 2077         Section 30. Section 550.175, Florida Statutes, is amended
 2078  to read:
 2079         550.175 Petition for election to revoke permit.—Upon
 2080  petition of 20 percent of the qualified electors of any county
 2081  wherein any racing has been licensed and conducted under this
 2082  chapter, the county commissioners of such county shall provide
 2083  for the submission to the electors of such county at the then
 2084  next succeeding general election the question of whether any
 2085  permit or permits theretofore granted shall be continued or
 2086  revoked, and if a majority of the electors voting on such
 2087  question in such election vote to cancel or recall the permit
 2088  theretofore given, the department division may not thereafter
 2089  grant any license on the permit so recalled. Every signature
 2090  upon every recall petition must be signed in the presence of the
 2091  clerk of the board of county commissioners at the office of the
 2092  clerk of the circuit court of the county, and the petitioner
 2093  must present at the time of such signing her or his registration
 2094  receipt showing the petitioner’s qualification as an elector of
 2095  the county at the time of the signing of the petition. Not more
 2096  than one permit may be included in any one petition; and, in all
 2097  elections in which the recall of more than one permit is voted
 2098  on, the voters shall be given an opportunity to vote for or
 2099  against the recall of each permit separately. Nothing in This
 2100  chapter does not shall be construed to prevent the holding of
 2101  later referendum or recall elections.
 2102         Section 31. Section 550.1815, Florida Statutes, is amended
 2103  to read:
 2104         550.1815 Certain persons prohibited from holding racing or
 2105  jai alai permits; suspension and revocation.—
 2106         (1) A corporation, general or limited partnership, sole
 2107  proprietorship, business trust, joint venture, or unincorporated
 2108  association, or other business entity may not hold any
 2109  horseracing or dogracing permit or jai alai fronton permit in
 2110  this state if any one of the persons or entities specified in
 2111  paragraph (a) has been determined by the department division not
 2112  to be of good moral character or has been convicted of any
 2113  offense specified in paragraph (b).
 2114         (a)1. The permitholder;
 2115         2. An employee of the permitholder;
 2116         3. The sole proprietor of the permitholder;
 2117         4. A corporate officer or director of the permitholder;
 2118         5. A general partner of the permitholder;
 2119         6. A trustee of the permitholder;
 2120         7. A member of an unincorporated association permitholder;
 2121         8. A joint venturer of the permitholder;
 2122         9. The owner of more than 5 percent of any equity interest
 2123  in the permitholder, whether as a common shareholder, general or
 2124  limited partner, voting trustee, or trust beneficiary; or
 2125         10. An owner of any interest in the permit or permitholder,
 2126  including any immediate family member of the owner, or holder of
 2127  any debt, mortgage, contract, or concession from the
 2128  permitholder, who by virtue thereof is able to control the
 2129  business of the permitholder.
 2130         (b)1. A felony in this state;
 2131         2. Any felony in any other state which would be a felony if
 2132  committed in this state under the laws of this state;
 2133         3. Any felony under the laws of the United States;
 2134         4. A felony under the laws of another state if related to
 2135  gambling which would be a felony under the laws of this state if
 2136  committed in this state; or
 2137         5. Bookmaking as defined in s. 849.25.
 2138         (2)(a) If the applicant for permit as specified under
 2139  subsection (1) or a permitholder as specified in paragraph
 2140  (1)(a) has received a full pardon or a restoration of civil
 2141  rights with respect to the conviction specified in paragraph
 2142  (1)(b), the conviction does not constitute an absolute bar to
 2143  the issuance or renewal of a permit or a ground for the
 2144  revocation or suspension of a permit.
 2145         (b) A corporation that has been convicted of a felony is
 2146  entitled to apply for and receive a restoration of its civil
 2147  rights in the same manner and on the same grounds as an
 2148  individual.
 2149         (3) After notice and hearing, the department division shall
 2150  refuse to issue or renew or shall suspend, as appropriate, any
 2151  permit found in violation of subsection (1). The order shall
 2152  become effective 120 days after service of the order upon the
 2153  permitholder and shall be amended to constitute a final order of
 2154  revocation unless the permitholder has, within that period of
 2155  time, either caused the divestiture, or agreed with the
 2156  convicted person upon a complete immediate divestiture, of her
 2157  or his holding, or has petitioned the circuit court as provided
 2158  in subsection (4) or, in the case of corporate officers or
 2159  directors of the holder or employees of the holder, has
 2160  terminated the relationship between the permitholder and those
 2161  persons mentioned. The department division may, by order, extend
 2162  the 120-day period for divestiture, upon good cause shown, to
 2163  avoid interruption of any jai alai or race meeting or to
 2164  otherwise effectuate this section. If no action has been taken
 2165  by the permitholder within the 120-day period following the
 2166  issuance of the order of suspension, the department division
 2167  shall, without further notice or hearing, enter a final order of
 2168  revocation of the permit. When any permitholder or sole
 2169  proprietor of a permitholder is convicted of an offense
 2170  specified in paragraph (1)(b), the department may approve a
 2171  transfer of the permit to a qualified applicant, upon a finding
 2172  that revocation of the permit would impair the state’s revenue
 2173  from the operation of the permit or otherwise be detrimental to
 2174  the interests of the state in the regulation of the industry of
 2175  pari-mutuel wagering. In such approval, no public referendum is
 2176  required, notwithstanding any other provision of law. A petition
 2177  for transfer after conviction must be filed with the department
 2178  within 30 days after service upon the permitholder of the final
 2179  order of revocation. The timely filing of such a petition
 2180  automatically stays any revocation order until further order of
 2181  the department.
 2182         (4) The circuit courts have jurisdiction to decide a
 2183  petition brought by a holder of a pari-mutuel permit that shows
 2184  that its permit is in jeopardy of suspension or revocation under
 2185  subsection (3) and that it is unable to agree upon the terms of
 2186  divestiture of interest with the person specified in
 2187  subparagraphs (1)(a)3.-9. who has been convicted of an offense
 2188  specified in paragraph (1)(b). The court shall determine the
 2189  reasonable value of the interest of the convicted person and
 2190  order a divestiture upon such terms and conditions as it finds
 2191  just. In determining the value of the interest of the convicted
 2192  person, the court may consider, among other matters, the value
 2193  of the assets of the permitholder, its good will and value as a
 2194  going concern, recent and expected future earnings, and other
 2195  criteria usual and customary in the sale of like enterprises.
 2196         (5) The department division shall adopt make such rules for
 2197  the photographing, fingerprinting, and obtaining of personal
 2198  data of individuals described in paragraph (1)(a) and the
 2199  obtaining of such data regarding the business entities described
 2200  in paragraph (1)(a) as is necessary to effectuate the provisions
 2201  of this section.
 2202         Section 32. Subsection (2), paragraph (c) of subsection
 2203  (3), and subsections (4) and (6) of section 550.24055, Florida
 2204  Statutes, are amended to read:
 2205         550.24055 Use of controlled substances or alcohol
 2206  prohibited; testing of certain occupational licensees; penalty;
 2207  evidence of test or action taken and admissibility for criminal
 2208  prosecution limited.—
 2209         (2) The occupational licensees, by applying for and holding
 2210  such licenses, are deemed to have given their consents to submit
 2211  to an approved chemical test of their breath for the purpose of
 2212  determining the alcoholic content of their blood and to a urine
 2213  or blood test for the purpose of detecting the presence of
 2214  controlled substances. Such tests shall only be conducted only
 2215  upon reasonable cause that a violation has occurred as shall be
 2216  determined solely by the stewards at a horseracing meeting or
 2217  the judges or board of judges at a dogtrack or jai alai meet.
 2218  The failure to submit to such test may result in a suspension of
 2219  the person’s occupational license for a period of 10 days or
 2220  until this section has been complied with, whichever is longer.
 2221         (a) If there was at the time of the test 0.05 percent or
 2222  less by weight of alcohol in the person’s blood, the person is
 2223  presumed not to have been under the influence of alcoholic
 2224  beverages to the extent that the person’s normal faculties were
 2225  impaired, and no action of any sort may be taken by the
 2226  stewards, judges, or board of judges or the department division.
 2227         (b) If there was at the time of the test an excess of 0.05
 2228  percent but less than 0.08 percent by weight of alcohol in the
 2229  person’s blood, that fact does not give rise to any presumption
 2230  that the person was or was not under the influence of alcoholic
 2231  beverages to the extent that the person’s faculties were
 2232  impaired, but the stewards, judges, or board of judges may
 2233  consider that fact in determining whether or not the person will
 2234  be allowed to officiate or participate in any given race or jai
 2235  alai game.
 2236         (c) If there was at the time of the test 0.08 percent or
 2237  more by weight of alcohol in the person’s blood, that fact is
 2238  prima facie evidence that the person was under the influence of
 2239  alcoholic beverages to the extent that the person’s normal
 2240  faculties were impaired, and the stewards or judges may take
 2241  action as set forth in this section, but the person may not
 2242  officiate at or participate in any race or jai alai game on the
 2243  day of such test.
 2244  
 2245  All tests relating to alcohol must be performed in a manner
 2246  substantially similar, or identical, to the provisions of s.
 2247  316.1934 and rules adopted pursuant to that section. Following a
 2248  test of the urine or blood to determine the presence of a
 2249  controlled substance as defined in chapter 893, if a controlled
 2250  substance is found to exist, the stewards, judges, or board of
 2251  judges may take such action as is permitted in this section.
 2252         (3) A violation of subsection (2) is subject to the
 2253  following penalties:
 2254         (c) If the second violation occurred within 1 year after
 2255  the first violation, then upon the finding of a third violation
 2256  of this section within 1 year after the second violation, the
 2257  stewards, judges, or board of judges may suspend the licensee
 2258  for up to 120 days; and the stewards, judges, or board of judges
 2259  shall forward the results of the tests under paragraphs (a) and
 2260  (b) and this violation to the department division. In addition
 2261  to the action taken by the stewards, judges, or board of judges,
 2262  the department division, after a hearing, may deny, suspend, or
 2263  revoke the occupational license of the licensee and may impose a
 2264  civil penalty of up to $5,000 in addition to, or in lieu of, a
 2265  suspension or revocation, it being the intent of the Legislature
 2266  that the department division shall have no authority over the
 2267  enforcement of this section until a licensee has committed the
 2268  third violation within 2 years after the first violation.
 2269         (4) Section 120.80(18) applies The provisions of s.
 2270  120.80(4)(a) apply to all actions taken by the stewards, judges,
 2271  or board of judges pursuant to this section without regard to
 2272  the limitation contained therein.
 2273         (6) Evidence of any test or actions taken by the stewards,
 2274  judges, or board of judges or the department division under this
 2275  section is inadmissible for any purpose in any court for
 2276  criminal prosecution, it being the intent of the Legislature to
 2277  provide a method and means by which the health, safety, and
 2278  welfare of those officiating at or participating in a race meet
 2279  or a jai alai game are sufficiently protected. However, this
 2280  subsection does not prohibit any person so authorized from
 2281  pursuing an independent investigation as a result of a ruling
 2282  made by the stewards, judges, or board of judges, or the
 2283  department division.
 2284         Section 33. Section 550.2415, Florida Statutes, is amended
 2285  to read:
 2286         550.2415 Racing of animals under certain conditions
 2287  prohibited; penalties; exceptions.—
 2288         (1)(a) The racing of an animal with any drug, medication,
 2289  stimulant, depressant, hypnotic, narcotic, local anesthetic, or
 2290  drug-masking agent is prohibited. It is a violation of this
 2291  section for a person to administer or cause to be administered
 2292  any drug, medication, stimulant, depressant, hypnotic, narcotic,
 2293  local anesthetic, or drug-masking agent to an animal which will
 2294  result in a positive test for such substance based on samples
 2295  taken from the animal immediately prior to or immediately after
 2296  the racing of that animal. Test results and the identities of
 2297  the animals being tested and of their trainers and owners of
 2298  record are confidential and exempt from s. 119.07(1) and from s.
 2299  24(a), Art. I of the State Constitution for 10 days after
 2300  testing of all samples collected on a particular day has been
 2301  completed and any positive test results derived from such
 2302  samples have been reported to the director of the department
 2303  division or administrative action has been commenced.
 2304         (b) It is a violation of this section for a race-day
 2305  specimen to contain a level of a naturally occurring substance
 2306  that which exceeds normal physiological concentrations. The
 2307  department division may adopt rules that specify normal
 2308  physiological concentrations of naturally occurring substances
 2309  in the natural untreated animal and rules that specify
 2310  acceptable levels of environmental contaminants and trace levels
 2311  of substances in test samples.
 2312         (c) The finding of a prohibited substance in a race-day
 2313  specimen constitutes prima facie evidence that the substance was
 2314  administered and was carried in the body of the animal while
 2315  participating in the race.
 2316         (2) Administrative action may be taken by the department
 2317  division against an occupational licensee responsible pursuant
 2318  to rule of the department division for the condition of an
 2319  animal that has been impermissibly medicated or drugged in
 2320  violation of this section.
 2321         (3)(a) Upon the finding of a violation of this section, the
 2322  department division may revoke or suspend the license or permit
 2323  of the violator or deny a license or permit to the violator;
 2324  impose a fine against the violator in an amount not exceeding
 2325  $5,000; require the full or partial return of the purse,
 2326  sweepstakes, and trophy of the race at issue; or impose against
 2327  the violator any combination of such penalties. The finding of a
 2328  violation of this section in no way prohibits a prosecution for
 2329  criminal acts committed.
 2330         (b) The department division, notwithstanding the provisions
 2331  of chapter 120, may summarily suspend the license of an
 2332  occupational licensee responsible under this section or
 2333  department division rule for the condition of a race animal if
 2334  the department’s division laboratory reports the presence of an
 2335  impermissible substance in the animal or its blood, urine,
 2336  saliva, or any other bodily fluid, either before a race in which
 2337  the animal is entered or after a race the animal has run.
 2338         (c) If an occupational licensee is summarily suspended
 2339  under this section, the department division shall offer the
 2340  licensee a prompt postsuspension hearing within 72 hours, at
 2341  which the department division shall produce the laboratory
 2342  report and documentation that which, on its face, establishes
 2343  the responsibility of the occupational licensee. Upon production
 2344  of the documentation, the occupational licensee has the burden
 2345  of proving his or her lack of responsibility.
 2346         (d) Any proceeding for administrative action against a
 2347  licensee or permittee, other than a proceeding under paragraph
 2348  (c), shall be conducted in compliance with chapter 120.
 2349         (4) A prosecution pursuant to this section for a violation
 2350  of this section must be commenced within 2 years after the
 2351  violation was committed. Service of an administrative complaint
 2352  marks the commencement of administrative action.
 2353         (5) The department division shall implement a split-sample
 2354  procedure for testing animals under this section.
 2355         (a) Upon finding a positive drug test result, the
 2356  department shall notify the owner or trainer of the results. The
 2357  owner may request that each urine and blood sample be split into
 2358  a primary sample and a secondary (split) sample. Such splitting
 2359  must be accomplished in the laboratory under rules approved by
 2360  the department division. Custody of both samples must remain
 2361  with the department division. However, upon request by the
 2362  affected trainer or owner of the animal from which the sample
 2363  was obtained, the department division shall send the split
 2364  sample to an approved independent laboratory for analysis. The
 2365  department division shall establish standards and rules for
 2366  uniform enforcement and shall maintain a list of at least five
 2367  approved independent laboratories for an owner or trainer to
 2368  select from in the event of a positive test sample.
 2369         (b) If the state laboratory’s findings are not confirmed by
 2370  the independent laboratory, no further administrative or
 2371  disciplinary action under this section may be pursued. The
 2372  department division may adopt rules identifying substances that
 2373  diminish in a blood or urine sample due to passage of time and
 2374  that must be taken into account in applying this section.
 2375         (c) If the independent laboratory confirms the state
 2376  laboratory’s positive result, or if there is an insufficient
 2377  quantity of the secondary (split) sample for confirmation of the
 2378  state laboratory’s positive result, the department division may
 2379  commence administrative proceedings as prescribed in this
 2380  chapter and consistent with chapter 120. For purposes of this
 2381  subsection, the department shall in good faith attempt to obtain
 2382  a sufficient quantity of the test fluid to allow both a primary
 2383  test and a secondary test to be made.
 2384         (6)(a) It is the intent of the Legislature that animals
 2385  that participate in races in this state on which pari-mutuel
 2386  wagering is conducted and animals that are bred and trained in
 2387  this state for racing be treated humanely, both on and off
 2388  racetracks, throughout the lives of the animals.
 2389         (b) The department division shall, by rule, adopt establish
 2390  the procedures for euthanizing greyhounds. However, a greyhound
 2391  may not be put to death by any means other than by lethal
 2392  injection of the drug sodium pentobarbital. A greyhound may not
 2393  be removed from this state for the purpose of being destroyed.
 2394         (c) It is a violation of this chapter for an occupational
 2395  licensee to train a greyhound using live or dead animals. A
 2396  greyhound may not be taken from this state for the purpose of
 2397  being trained through the use of live or dead animals.
 2398         (d) Any act committed by any licensee that would constitute
 2399  cruelty to animals as defined in s. 828.02 involving any animal
 2400  constitutes a violation of this chapter. Imposition of any
 2401  penalty by the department division for violation of this chapter
 2402  or any rule adopted by the department division pursuant to this
 2403  chapter does shall not prohibit a criminal prosecution for
 2404  cruelty to animals.
 2405         (e) The department division may inspect any area at a pari
 2406  mutuel facility where racing animals are raced, trained, housed,
 2407  or maintained, including any areas where food, medications, or
 2408  other supplies are kept, to ensure the humane treatment of
 2409  racing animals and compliance with this chapter and the rules of
 2410  the department division.
 2411         (7) Under no circumstances may any medication be
 2412  administered closer than 24 hours prior to the officially
 2413  scheduled post time of a race except as provided for in this
 2414  section.
 2415         (a) The department division shall adopt rules setting
 2416  conditions for the use of furosemide to treat exercise-induced
 2417  pulmonary hemorrhage.
 2418         (b) The department division shall adopt rules setting
 2419  conditions for the use of prednisolone sodium succinate, but
 2420  under no circumstances may furosemide or prednisolone sodium
 2421  succinate be administered closer than 4 hours prior to the
 2422  officially scheduled post time for the race.
 2423         (c) The department division shall adopt rules setting
 2424  conditions for the use of phenylbutazone and synthetic
 2425  corticosteroids; in no case, except as provided in paragraph
 2426  (b), shall these substances be given closer than 24 hours prior
 2427  to the officially scheduled post time of a race. Oral
 2428  corticosteroids are prohibited except when prescribed by a
 2429  licensed veterinarian and reported to the department division on
 2430  forms prescribed by the department division.
 2431         (d) Nothing in This section does not shall be interpreted
 2432  to prohibit the use of vitamins, minerals, or naturally
 2433  occurring substances so long as they do not exceed none exceeds
 2434  the normal physiological concentration in a race-day specimen.
 2435         (e) The department division may, by rule, establish
 2436  acceptable levels of permitted medications and shall select the
 2437  appropriate biological specimens by which the administration of
 2438  permitted medication is monitored.
 2439         (8)(a) Under no circumstances may any medication be
 2440  administered within 24 hours before the officially scheduled
 2441  post time of the race except as provided in this section.
 2442         (b) As an exception to this section, if the department
 2443  division first determines that the use of furosemide,
 2444  phenylbutazone, or prednisolone sodium succinate in horses is in
 2445  the best interest of racing, the department division may adopt
 2446  rules allowing such use. Any rules allowing the use of
 2447  furosemide, phenylbutazone, or prednisolone sodium succinate in
 2448  racing must set the conditions for such use. Under no
 2449  circumstances may a rule be adopted which allows the
 2450  administration of furosemide or prednisolone sodium succinate
 2451  within 4 hours before the officially scheduled post time for the
 2452  race. Under no circumstances may a rule be adopted which allows
 2453  the administration of phenylbutazone or any other synthetic
 2454  corticosteroid within 24 hours before the officially scheduled
 2455  post time for the race. Any administration of synthetic
 2456  corticosteroids is limited to parenteral routes. Oral
 2457  administration of synthetic corticosteroids is expressly
 2458  prohibited. If this paragraph is unconstitutional, it is
 2459  severable from the remainder of this section.
 2460         (c) The department division shall, by rule, establish
 2461  acceptable levels of permitted medications and shall select the
 2462  appropriate biological specimen by which the administration of
 2463  permitted medications is monitored.
 2464         (9)(a) The department division may conduct a postmortem
 2465  examination of any animal that is injured at a permitted
 2466  racetrack while in training or in competition and that
 2467  subsequently expires or is destroyed. The department division
 2468  may conduct a postmortem examination of any animal that expires
 2469  while housed at a permitted racetrack, association compound, or
 2470  licensed kennel or farm. Trainers and owners shall be requested
 2471  to comply with this paragraph as a condition of licensure.
 2472         (b) The department division may take possession of the
 2473  animal upon death for postmortem examination. The department
 2474  division may submit blood, urine, other bodily fluid specimens,
 2475  or other tissue specimens collected during a postmortem
 2476  examination for testing by the department division laboratory or
 2477  its designee. Upon completion of the postmortem examination, the
 2478  carcass must be returned to the owner or disposed of at the
 2479  owner’s option.
 2480         (10) The presence of a prohibited substance in an animal,
 2481  found by the department’s division laboratory in a bodily fluid
 2482  specimen collected during the postmortem examination of the
 2483  animal, which breaks down during a race constitutes a violation
 2484  of this section.
 2485         (11) The cost of postmortem examinations, testing, and
 2486  disposal must be borne by the department division.
 2487         (12) The department division shall adopt rules to implement
 2488  this section. The rules may include a classification system for
 2489  prohibited substances and a corresponding penalty schedule for
 2490  violations.
 2491         (13) Except as specifically modified by statute or by rules
 2492  of the department division, the Uniform Classification
 2493  Guidelines for Foreign Substances, revised February 14, 1995, as
 2494  promulgated by the Association of Racing Commissioners
 2495  International, Inc., is hereby adopted by reference as the
 2496  uniform classification system for class IV and V medications.
 2497         (14) The department division shall utilize only the thin
 2498  layer chromatography (TLC) screening process to test for the
 2499  presence of class IV and V medications in samples taken from
 2500  racehorses except when thresholds of a class IV or class V
 2501  medication have been established and are enforced by rule. Once
 2502  a sample has been identified as suspicious for a class IV or
 2503  class V medication by the TLC screening process, the sample will
 2504  be sent for confirmation by and through additional testing
 2505  methods. All other medications not classified by rule as a class
 2506  IV or class V agent are shall be subject to all forms of testing
 2507  available to the department division.
 2508         (15) The department division may implement by rule
 2509  medication levels recommended by the University of Florida
 2510  College of Veterinary Medicine developed pursuant to an
 2511  agreement between the department Division of Pari-mutuel
 2512  Wagering and the University of Florida College of Veterinary
 2513  Medicine. The University of Florida College of Veterinary
 2514  Medicine may provide written notification to the department
 2515  division that it has completed research or review on a
 2516  particular drug pursuant to the agreement and when the College
 2517  of Veterinary Medicine has completed a final report of its
 2518  findings, conclusions, and recommendations to the department
 2519  division.
 2520         (16) The testing medium for phenylbutazone in horses shall
 2521  be serum, and the department division may collect up to six full
 2522  15-milliliter blood tubes for each horse being sampled.
 2523         Section 34. Section 550.2614, Florida Statutes, is amended
 2524  to read:
 2525         550.2614 Distribution of certain funds to a horsemen’s
 2526  association.—
 2527         (1) Each licensee that holds a permit for thoroughbred
 2528  horse racing in this state shall deduct from the purses required
 2529  by s. 550.2625, an amount of money equal to 1 percent of the
 2530  total purse pool and shall pay that amount to a horsemen’s
 2531  association representing the majority of the thoroughbred
 2532  racehorse owners and trainers for its use in accordance with the
 2533  stated goals of its articles of association filed with the
 2534  Department of State.
 2535         (2) The funds are payable to the horsemen’s association
 2536  only upon presentation of a sworn statement by the officers of
 2537  the association that the horsemen’s association represents a
 2538  majority of the owners and trainers of thoroughbred horses
 2539  stabled in the state.
 2540         (3) Upon receiving a state license, each thoroughbred owner
 2541  and trainer shall receive automatic membership in the horsemen’s
 2542  association as defined in subsection (1) and be counted on the
 2543  membership rolls of that association, unless, within 30 calendar
 2544  days after receipt of license from the state, the individual
 2545  declines membership in writing, to the association as defined in
 2546  subsection (1).
 2547         (4) The department division shall adopt rules to facilitate
 2548  the orderly transfer of funds in accordance with this section.
 2549  The department division shall also monitor the membership rolls
 2550  of the horsemen’s association to ensure that complete, accurate,
 2551  and timely listings are maintained for the purposes specified in
 2552  this section.
 2553         Section 35. Subsection (3) of section 550.26165, Florida
 2554  Statutes, is amended to read:
 2555         550.26165 Breeders’ awards.—
 2556         (3) Breeders’ associations shall submit their plans to the
 2557  department division at least 60 days before the beginning of the
 2558  payment year. The payment year may be a calendar year or any 12
 2559  month period, but once established, the yearly base may not be
 2560  changed except for compelling reasons. Once a plan is approved,
 2561  the department division may not allow the plan to be amended
 2562  during the year, except for the most compelling reasons.
 2563         Section 36. Section 550.2625, Florida Statutes, is amended
 2564  to read:
 2565         550.2625 Horseracing; minimum purse requirement, Florida
 2566  breeders’ and owners’ awards.—
 2567         (1) The purse structure and the availability of breeder
 2568  awards are important factors in attracting the entry of well
 2569  bred horses in racing meets in this state which in turn helps to
 2570  produce maximum racing revenues for the state and the counties.
 2571         (2) Each permitholder conducting a horserace meet is
 2572  required to pay from the takeout withheld on pari-mutuel pools a
 2573  sum for purses in accordance with the type of race performed.
 2574         (a) A permitholder conducting a thoroughbred horse race
 2575  meet under this chapter must pay from the takeout withheld a sum
 2576  not less than 7.75 percent of all contributions to pari-mutuel
 2577  pools conducted during the race meet as purses. In addition to
 2578  the 7.75 percent minimum purse payment, permitholders conducting
 2579  live thoroughbred performances shall be required to pay as
 2580  additional purses .625 percent of live handle for performances
 2581  conducted during the period beginning on January 3 and ending
 2582  March 16; .225 percent for performances conducted during the
 2583  period beginning March 17 and ending May 22; and .85 percent for
 2584  performances conducted during the period beginning May 23 and
 2585  ending January 2. Except that any thoroughbred permitholder
 2586  whose total handle on live performances during the 1991-1992
 2587  state fiscal year was not greater than $34 million is not
 2588  subject to this additional purse payment. A permitholder
 2589  authorized to conduct thoroughbred racing may withhold from the
 2590  handle an additional amount equal to 1 percent on exotic
 2591  wagering for use as owners’ awards, and may withhold from the
 2592  handle an amount equal to 2 percent on exotic wagering for use
 2593  as overnight purses. A No permitholder may not withhold in
 2594  excess of 20 percent from the handle without withholding the
 2595  amounts set forth in this subsection.
 2596         (b)1. A permitholder conducting a harness horse race meet
 2597  under this chapter must pay to the purse pool from the takeout
 2598  withheld a purse requirement that totals an amount not less than
 2599  8.25 percent of all contributions to pari-mutuel pools conducted
 2600  during the race meet. An amount not less than 7.75 percent of
 2601  the total handle shall be paid from this purse pool as purses.
 2602         2. An amount not to exceed 0.5 percent of the total handle
 2603  on all harness horse races that are subject to the purse
 2604  requirement of subparagraph 1., must be available for use to
 2605  provide medical, dental, surgical, life, funeral, or disability
 2606  insurance benefits for occupational licensees who work at tracks
 2607  in this state at which harness horse races are conducted. Such
 2608  insurance benefits must be paid from the purse pool specified in
 2609  subparagraph 1. An annual plan for payment of insurance benefits
 2610  from the purse pool, including qualifications for eligibility,
 2611  must be submitted by the Florida Standardbred Breeders and
 2612  Owners Association for approval to the department division. An
 2613  annual report of the implemented plan shall be submitted to the
 2614  department division. All records of the Florida Standardbred
 2615  Breeders and Owners Association concerning the administration of
 2616  the plan must be available for audit at the discretion of the
 2617  department division to determine that the plan has been
 2618  implemented and administered as authorized. If the department
 2619  division finds that the Florida Standardbred Breeders and Owners
 2620  Association has not complied with the provisions of this
 2621  section, the department division may order the association to
 2622  cease and desist from administering the plan and shall appoint
 2623  the department division as temporary administrator of the plan
 2624  until the department division reestablishes administration of
 2625  the plan with the association.
 2626         (c) A permitholder conducting a quarter horse race meet
 2627  under this chapter shall pay from the takeout withheld a sum not
 2628  less than 6 percent of all contributions to pari-mutuel pools
 2629  conducted during the race meet as purses.
 2630         (d) The department division shall adopt reasonable rules to
 2631  ensure the timely and accurate payment of all amounts withheld
 2632  by horserace permitholders regarding the distribution of purses,
 2633  owners’ awards, and other amounts collected for payment to
 2634  owners and breeders. Each permitholder that fails to pay out all
 2635  moneys collected for payment to owners and breeders shall,
 2636  within 10 days after the end of the meet during which the
 2637  permitholder underpaid purses, deposit an amount equal to the
 2638  underpayment into a separate interest-bearing account to be
 2639  distributed to owners and breeders in accordance with department
 2640  division rules.
 2641         (e) An amount equal to 8.5 percent of the purse account
 2642  generated through intertrack wagering and interstate
 2643  simulcasting will be used for Florida Owners’ Awards as set
 2644  forth in subsection (3). Any thoroughbred permitholder with an
 2645  average blended takeout that which does not exceed 20 percent
 2646  and with an average daily purse distribution excluding
 2647  sponsorship, entry fees, and nominations exceeding $225,000 is
 2648  exempt from the provisions of this paragraph.
 2649         (3) Each horseracing permitholder conducting any
 2650  thoroughbred race under this chapter, including any intertrack
 2651  race taken pursuant to ss. 550.615-550.6305 or any interstate
 2652  simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
 2653  to 0.955 percent on all pari-mutuel pools conducted during any
 2654  such race for the payment of breeders’, stallion, or special
 2655  racing awards as authorized in this chapter. This subsection
 2656  also applies to all Breeder’s Cup races conducted outside this
 2657  state taken pursuant to s. 550.3551(3). On any race originating
 2658  live in this state which is broadcast out-of-state to any
 2659  location at which wagers are accepted pursuant to s.
 2660  550.3551(2), the host track is required to pay 3.475 percent of
 2661  the gross revenue derived from such out-of-state broadcasts as
 2662  breeders’, stallion, or special racing awards. The Florida
 2663  Thoroughbred Breeders’ Association is authorized to receive
 2664  these payments from the permitholders and make payments of
 2665  awards earned. The Florida Thoroughbred Breeders’ Association
 2666  has the right to withhold up to 10 percent of the permitholder’s
 2667  payments under this section as a fee for administering the
 2668  payments of awards and for general promotion of the industry.
 2669  The permitholder shall remit these payments to the Florida
 2670  Thoroughbred Breeders’ Association by the 5th day of each
 2671  calendar month for such sums accruing during the preceding
 2672  calendar month and shall report such payments to the department
 2673  division as prescribed by the department division. With the
 2674  exception of the 10-percent fee, the moneys paid by the
 2675  permitholders shall be maintained in a separate, interest
 2676  bearing account, and such payments together with any interest
 2677  earned shall be used exclusively for the payment of breeders’,
 2678  stallion, or special racing awards in accordance with the
 2679  following provisions:
 2680         (a) The breeder of each Florida-bred thoroughbred horse
 2681  winning a thoroughbred horse race is entitled to an award of up
 2682  to, but not exceeding, 20 percent of the announced gross purse,
 2683  including nomination fees, eligibility fees, starting fees,
 2684  supplementary fees, and moneys added by the sponsor of the race.
 2685         (b) The owner or owners of the sire of a Florida-bred
 2686  thoroughbred horse that wins a stakes race is entitled to a
 2687  stallion award of up to, but not exceeding, 20 percent of the
 2688  announced gross purse, including nomination fees, eligibility
 2689  fees, starting fees, supplementary fees, and moneys added by the
 2690  sponsor of the race.
 2691         (c) The owners of thoroughbred horses participating in
 2692  thoroughbred stakes races, nonstakes races, or both may receive
 2693  a special racing award in accordance with the agreement
 2694  established pursuant to s. 550.26165(1).
 2695         (d) In order for a breeder of a Florida-bred thoroughbred
 2696  horse to be eligible to receive a breeder’s award, the horse
 2697  must have been registered as a Florida-bred horse with the
 2698  Florida Thoroughbred Breeders’ Association, and the Jockey Club
 2699  certificate for the horse must show that it has been duly
 2700  registered as a Florida-bred horse as evidenced by the seal and
 2701  proper serial number of the Florida Thoroughbred Breeders’
 2702  Association registry. The Florida Thoroughbred Breeders’
 2703  Association shall be permitted to charge the registrant a
 2704  reasonable fee for this verification and registration.
 2705         (e) In order for an owner of the sire of a thoroughbred
 2706  horse winning a stakes race to be eligible to receive a stallion
 2707  award, the stallion must have been registered with the Florida
 2708  Thoroughbred Breeders’ Association, and the breeding of the
 2709  registered Florida-bred horse must have occurred in this state.
 2710  The stallion must be standing permanently in this state during
 2711  the period of time between February 1 and June 15 of each year
 2712  or, if the stallion is dead, must have stood permanently in this
 2713  state for a period of not less than 1 year immediately prior to
 2714  its death. The removal of a stallion from this state during the
 2715  period of time between February 1 and June 15 of any year for
 2716  any reason, other than exclusively for prescribed medical
 2717  treatment, as approved by the Florida Thoroughbred Breeders’
 2718  Association, renders the owner or owners of the stallion
 2719  ineligible to receive a stallion award under any circumstances
 2720  for offspring sired prior to removal; however, if a removed
 2721  stallion is returned to this state, all offspring sired
 2722  subsequent to the return make the owner or owners of the
 2723  stallion eligible for the stallion award but only for those
 2724  offspring sired subsequent to such return to this state. The
 2725  Florida Thoroughbred Breeders’ Association shall maintain
 2726  complete records showing the date the stallion arrived in this
 2727  state for the first time, whether or not the stallion remained
 2728  in the state permanently, the location of the stallion, and
 2729  whether the stallion is still standing in this state and
 2730  complete records showing awards earned, received, and
 2731  distributed. The association may charge the owner, owners, or
 2732  breeder a reasonable fee for this service.
 2733         (f) A permitholder conducting a thoroughbred horse race
 2734  under the provisions of this chapter shall, within 30 days after
 2735  the end of the race meet during which the race is conducted,
 2736  certify to the Florida Thoroughbred Breeders’ Association such
 2737  information relating to the thoroughbred horses winning a stakes
 2738  or other horserace at the meet as may be required to determine
 2739  the eligibility for payment of breeders’, stallion, and special
 2740  racing awards.
 2741         (g) The Florida Thoroughbred Breeders’ Association shall
 2742  maintain complete records showing the starters and winners in
 2743  all races conducted at thoroughbred tracks in this state; shall
 2744  maintain complete records showing awards earned, received, and
 2745  distributed; and may charge the owner, owners, or breeder a
 2746  reasonable fee for this service.
 2747         (h) The Florida Thoroughbred Breeders’ Association shall
 2748  annually establish a uniform rate and procedure for the payment
 2749  of breeders’ and stallion awards and shall make breeders’ and
 2750  stallion award payments in strict compliance with the
 2751  established uniform rate and procedure plan. The plan may set a
 2752  cap on winnings and may limit, exclude, or defer payments to
 2753  certain classes of races, such as the Florida stallion stakes
 2754  races, in order to assure that there are adequate revenues to
 2755  meet the proposed uniform rate. Such plan must include proposals
 2756  for the general promotion of the industry. Priority shall be
 2757  placed upon imposing such restrictions in lieu of allowing the
 2758  uniform rate to be less than 15 percent of the total purse
 2759  payment. The uniform rate and procedure plan must be approved by
 2760  the department division before implementation. In the absence of
 2761  an approved plan and procedure, the authorized rate for
 2762  breeders’ and stallion awards is 15 percent of the announced
 2763  gross purse for each race. Such purse must include nomination
 2764  fees, eligibility fees, starting fees, supplementary fees, and
 2765  moneys added by the sponsor of the race. If the funds in the
 2766  account for payment of breeders’ and stallion awards are not
 2767  sufficient to meet all earned breeders’ and stallion awards,
 2768  those breeders and stallion owners not receiving payments have
 2769  first call on any subsequent receipts in that or any subsequent
 2770  year.
 2771         (i) The Florida Thoroughbred Breeders’ Association shall
 2772  keep accurate records showing receipts and disbursements of such
 2773  payments and shall annually file a full and complete report to
 2774  the department division showing such receipts and disbursements
 2775  and the sums withheld for administration. The department
 2776  division may audit the records and accounts of the Florida
 2777  Thoroughbred Breeders’ Association to determine that payments
 2778  have been made to eligible breeders and stallion owners in
 2779  accordance with this section.
 2780         (j) If the department division finds that the Florida
 2781  Thoroughbred Breeders’ Association has not complied with any
 2782  provision of this section, the department division may order the
 2783  association to cease and desist from receiving funds and
 2784  administering funds received under this section. If the
 2785  department division enters such an order, the permitholder shall
 2786  make the payments authorized in this section to the department
 2787  division for deposit into the Pari-mutuel Wagering Trust Fund;
 2788  and any funds in the Florida Thoroughbred Breeders’ Association
 2789  account shall be immediately paid to the department Division of
 2790  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
 2791  Trust Fund. The department division shall authorize payment from
 2792  these funds to any breeder or stallion owner entitled to an
 2793  award that has not been previously paid by the Florida
 2794  Thoroughbred Breeders’ Association in accordance with the
 2795  applicable rate.
 2796         (4) Each permitholder conducting a harness horse race under
 2797  this chapter shall pay a sum equal to the breaks on all pari
 2798  mutuel pools conducted during that race for the payment of
 2799  breeders’ awards, stallion awards, and stallion stakes and for
 2800  additional expenditures as authorized in this section. The
 2801  Florida Standardbred Breeders and Owners Association is
 2802  authorized to receive these payments from the permitholders and
 2803  make payments as authorized in this subsection. The Florida
 2804  Standardbred Breeders and Owners Association has the right to
 2805  withhold up to 10 percent of the permitholder’s payments under
 2806  this section and under s. 550.2633 as a fee for administering
 2807  these payments. The permitholder shall remit these payments to
 2808  the Florida Standardbred Breeders and Owners Association by the
 2809  5th day of each calendar month for such sums accruing during the
 2810  preceding calendar month and shall report such payments to the
 2811  department division as prescribed by the department division.
 2812  With the exception of the 10-percent fee for administering the
 2813  payments and the use of the moneys authorized by paragraph (j),
 2814  the moneys paid by the permitholders shall be maintained in a
 2815  separate, interest-bearing account; and such payments together
 2816  with any interest earned shall be allocated for the payment of
 2817  breeders’ awards, stallion awards, stallion stakes, additional
 2818  purses, and prizes for, and the general promotion of owning and
 2819  breeding of, Florida-bred standardbred horses. Payment of
 2820  breeders’ awards and stallion awards shall be made in accordance
 2821  with the following provisions:
 2822         (a) The breeder of each Florida-bred standardbred horse
 2823  winning a harness horse race is entitled to an award of up to,
 2824  but not exceeding, 20 percent of the announced gross purse,
 2825  including nomination fees, eligibility fees, starting fees,
 2826  supplementary fees, and moneys added by the sponsor of the race.
 2827         (b) The owner or owners of the sire of a Florida-bred
 2828  standardbred horse that wins a stakes race is entitled to a
 2829  stallion award of up to, but not exceeding, 20 percent of the
 2830  announced gross purse, including nomination fees, eligibility
 2831  fees, starting fees, supplementary fees, and moneys added by the
 2832  sponsor of the race.
 2833         (c) In order for a breeder of a Florida-bred standardbred
 2834  horse to be eligible to receive a breeder’s award, the horse
 2835  winning the race must have been registered as a Florida-bred
 2836  horse with the Florida Standardbred Breeders and Owners
 2837  Association and a registration certificate under seal for the
 2838  winning horse must show that the winner has been duly registered
 2839  as a Florida-bred horse as evidenced by the seal and proper
 2840  serial number of the United States Trotting Association
 2841  registry. The Florida Standardbred Breeders and Owners
 2842  Association shall be permitted to charge the registrant a
 2843  reasonable fee for this verification and registration.
 2844         (d) In order for an owner of the sire of a standardbred
 2845  horse winning a stakes race to be eligible to receive a stallion
 2846  award, the stallion must have been registered with the Florida
 2847  Standardbred Breeders and Owners Association, and the breeding
 2848  of the registered Florida-bred horse must have occurred in this
 2849  state. The stallion must be standing permanently in this state
 2850  or, if the stallion is dead, must have stood permanently in this
 2851  state for a period of not less than 1 year immediately prior to
 2852  its death. The removal of a stallion from this state for any
 2853  reason, other than exclusively for prescribed medical treatment,
 2854  renders the owner or the owners of the stallion ineligible to
 2855  receive a stallion award under any circumstances for offspring
 2856  sired prior to removal; however, if a removed stallion is
 2857  returned to this state, all offspring sired subsequent to the
 2858  return make the owner or owners of the stallion eligible for the
 2859  stallion award but only for those offspring sired subsequent to
 2860  such return to this state. The Florida Standardbred Breeders and
 2861  Owners Association shall maintain complete records showing the
 2862  date the stallion arrived in this state for the first time,
 2863  whether or not the stallion remained in the state permanently,
 2864  the location of the stallion, and whether the stallion is still
 2865  standing in this state and complete records showing awards
 2866  earned, received, and distributed. The association may charge
 2867  the owner, owners, or breeder a reasonable fee for this service.
 2868         (e) A permitholder conducting a harness horse race under
 2869  this chapter shall, within 30 days after the end of the race
 2870  meet during which the race is conducted, certify to the Florida
 2871  Standardbred Breeders and Owners Association such information
 2872  relating to the horse winning a stakes or other horserace at the
 2873  meet as may be required to determine the eligibility for payment
 2874  of breeders’ awards and stallion awards.
 2875         (f) The Florida Standardbred Breeders and Owners
 2876  Association shall maintain complete records showing the starters
 2877  and winners in all races conducted at harness horse racetracks
 2878  in this state; shall maintain complete records showing awards
 2879  earned, received, and distributed; and may charge the owner,
 2880  owners, or breeder a reasonable fee for this service.
 2881         (g) The Florida Standardbred Breeders and Owners
 2882  Association shall annually establish a uniform rate and
 2883  procedure for the payment of breeders’ awards, stallion awards,
 2884  stallion stakes, additional purses, and prizes for, and for the
 2885  general promotion of owning and breeding of, Florida-bred
 2886  standardbred horses and shall make award payments and
 2887  allocations in strict compliance with the established uniform
 2888  rate and procedure. The plan may set a cap on winnings, and may
 2889  limit, exclude, or defer payments to certain classes of races,
 2890  such as the Florida Breeders’ stakes races, in order to assure
 2891  that there are adequate revenues to meet the proposed uniform
 2892  rate. Priority shall be placed on imposing such restrictions in
 2893  lieu of allowing the uniform rate allocated to payment of
 2894  breeder and stallion awards to be less than 10 percent of the
 2895  total purse payment. The uniform rate and procedure must be
 2896  approved by the department division before implementation. In
 2897  the absence of an approved plan and procedure, the authorized
 2898  rate for breeders’ and stallion awards is 10 percent of the
 2899  announced gross purse for each race. Such purse must include
 2900  nomination fees, eligibility fees, starting fees, supplementary
 2901  fees, and moneys added by the sponsor of the race. If the funds
 2902  in the account for payment of breeders’ and stallion awards are
 2903  not sufficient to meet all earned breeders’ and stallion awards,
 2904  those breeders and stallion owners not receiving payments have
 2905  first call on any subsequent receipts in that or any subsequent
 2906  year.
 2907         (h) The Florida Standardbred Breeders and Owners
 2908  Association shall keep accurate records showing receipts and
 2909  disbursements of such payments and shall annually file a full
 2910  and complete report to the department division showing such
 2911  receipts and disbursements and the sums withheld for
 2912  administration. The department division may audit the records
 2913  and accounts of the Florida Standardbred Breeders and Owners
 2914  Association to determine that payments have been made to
 2915  eligible breeders, stallion owners, and owners of Florida-bred
 2916  standardbred horses in accordance with this section.
 2917         (i) If the department division finds that the Florida
 2918  Standardbred Breeders and Owners Association has not complied
 2919  with any provision of this section, the department division may
 2920  order the association to cease and desist from receiving funds
 2921  and administering funds received under this section and under s.
 2922  550.2633. If the department division enters such an order, the
 2923  permitholder shall make the payments authorized in this section
 2924  and s. 550.2633 to the department division for deposit into the
 2925  Pari-mutuel Wagering Trust Fund; and any funds in the Florida
 2926  Standardbred Breeders and Owners Association account shall be
 2927  immediately paid to the department division for deposit to the
 2928  Pari-mutuel Wagering Trust Fund. The department division shall
 2929  authorize payment from these funds to any breeder, stallion
 2930  owner, or owner of a Florida-bred standardbred horse entitled to
 2931  an award that has not been previously paid by the Florida
 2932  Standardbred Breeders and Owners Association in accordance with
 2933  the applicable rate.
 2934         (j) The board of directors of the Florida Standardbred
 2935  Breeders and Owners Association may authorize the release of up
 2936  to 25 percent of the funds available for breeders’ awards,
 2937  stallion awards, stallion stakes, additional purses, and prizes
 2938  for, and for the general promotion of owning and breeding of,
 2939  Florida-bred standardbred horses to be used for purses for, and
 2940  promotion of, Florida-bred standardbred horses at race meetings
 2941  at which there is no pari-mutuel wagering unless, and to the
 2942  extent that, such release would render the funds available for
 2943  such awards insufficient to pay the breeders’ and stallion
 2944  awards earned pursuant to the annual plan of the association.
 2945  Any such funds so released and used for purses are not
 2946  considered to be an “announced gross purse” as that term is used
 2947  in paragraphs (a) and (b), and no breeders’ or stallion awards,
 2948  stallion stakes, or owner awards are required to be paid for
 2949  standardbred horses winning races in meetings at which there is
 2950  no pari-mutuel wagering. The amount of purses to be paid from
 2951  funds so released and the meets eligible to receive such funds
 2952  for purses must be approved by the board of directors of the
 2953  Florida Standardbred Breeders and Owners Association.
 2954         (5)(a) Except as provided in subsections (7) and (8), each
 2955  permitholder conducting a quarter horse race meet under this
 2956  chapter shall pay a sum equal to the breaks plus a sum equal to
 2957  1 percent of all pari-mutuel pools conducted during that race
 2958  for supplementing and augmenting purses and prizes and for the
 2959  general promotion of owning and breeding of racing quarter
 2960  horses in this state as authorized in this section. The Florida
 2961  Quarter Horse Breeders and Owners Association is authorized to
 2962  receive these payments from the permitholders and make payments
 2963  as authorized in this subsection. The Florida Quarter Horse
 2964  Breeders and Owners Association, Inc., referred to in this
 2965  chapter as the Florida Quarter Horse Breeders and Owners
 2966  Association, has the right to withhold up to 10 percent of the
 2967  permitholder’s payments under this section and under s. 550.2633
 2968  as a fee for administering these payments. The permitholder
 2969  shall remit these payments to the Florida Quarter Horse Breeders
 2970  and Owners Association by the 5th day of each calendar month for
 2971  such sums accruing during the preceding calendar month and shall
 2972  report such payments to the department division as prescribed by
 2973  the department division. With the exception of the 5-percent fee
 2974  for administering the payments, the moneys paid by the
 2975  permitholders shall be maintained in a separate, interest
 2976  bearing account.
 2977         (b) The Florida Quarter Horse Breeders and Owners
 2978  Association shall use these funds solely for supplementing and
 2979  augmenting purses and prizes and for the general promotion of
 2980  owning and breeding of racing quarter horses in this state and
 2981  for general administration of the Florida Quarter Horse Breeders
 2982  and Owners Association, Inc., in this state.
 2983         (c) In order for an owner or breeder of a Florida-bred
 2984  quarter horse to be eligible to receive an award, the horse
 2985  winning a race must have been registered as a Florida-bred horse
 2986  with the Florida Quarter Horse Breeders and Owners Association
 2987  and a registration certificate under seal for the winning horse
 2988  must show that the winning horse has been duly registered prior
 2989  to the race as a Florida-bred horse as evidenced by the seal and
 2990  proper serial number of the Florida Quarter Horse Breeders and
 2991  Owners Association registry. The Department of Agriculture and
 2992  Consumer Services is authorized to assist the association in
 2993  maintaining this registry. The Florida Quarter Horse Breeders
 2994  and Owners Association may charge the registrant a reasonable
 2995  fee for this verification and registration. Any person who
 2996  registers unqualified horses or misrepresents information in any
 2997  way shall be denied any future participation in breeders’
 2998  awards, and all horses misrepresented will no longer be deemed
 2999  to be Florida-bred.
 3000         (d) A permitholder conducting a quarter horse race under a
 3001  quarter horse permit under this chapter shall, within 30 days
 3002  after the end of the race meet during which the race is
 3003  conducted, certify to the Florida Quarter Horse Breeders and
 3004  Owners Association such information relating to the horse
 3005  winning a stakes or other horserace at the meet as may be
 3006  required to determine the eligibility for payment of breeders’
 3007  awards under this section.
 3008         (e) The Florida Quarter Horse Breeders and Owners
 3009  Association shall maintain complete records showing the starters
 3010  and winners in all quarter horse races conducted under quarter
 3011  horse permits in this state; shall maintain complete records
 3012  showing awards earned, received, and distributed; and may charge
 3013  the owner, owners, or breeder a reasonable fee for this service.
 3014         (f) The Florida Quarter Horse Breeders and Owners
 3015  Association shall keep accurate records showing receipts and
 3016  disbursements of payments made under this section and shall
 3017  annually file a full and complete report to the department
 3018  division showing such receipts and disbursements and the sums
 3019  withheld for administration. The department division may audit
 3020  the records and accounts of the Florida Quarter Horse Breeders
 3021  and Owners Association to determine that payments have been made
 3022  in accordance with this section.
 3023         (g) The Florida Quarter Horse Breeders and Owners
 3024  Association shall annually establish a plan for supplementing
 3025  and augmenting purses and prizes and for the general promotion
 3026  of owning and breeding Florida-bred racing quarter horses and
 3027  shall make award payments and allocations in strict compliance
 3028  with the annual plan. The annual plan must be approved by the
 3029  department division before implementation. If the funds in the
 3030  account for payment of purses and prizes are not sufficient to
 3031  meet all purses and prizes to be awarded, those breeders and
 3032  owners not receiving payments have first call on any subsequent
 3033  receipts in that or any subsequent year.
 3034         (h) If the department division finds that the Florida
 3035  Quarter Horse Breeders and Owners Association has not complied
 3036  with any provision of this section, the department division may
 3037  order the association to cease and desist from receiving funds
 3038  and administering funds received under this section and s.
 3039  550.2633. If the department division enters such an order, the
 3040  permitholder shall make the payments authorized in this section
 3041  and s. 550.2633 to the department division for deposit into the
 3042  Pari-mutuel Wagering Trust Fund, and any funds in the Florida
 3043  Quarter Horse Breeders and Owners Association account shall be
 3044  immediately paid to the department division for deposit to the
 3045  Pari-mutuel Wagering Trust Fund. The department division shall
 3046  authorize payment from these funds to any breeder or owner of a
 3047  quarter horse entitled to an award that has not been previously
 3048  paid by the Florida Quarter Horse Breeders and Owners
 3049  Association pursuant to in accordance with this section.
 3050         (6)(a) The takeout may be used for the payment of awards to
 3051  owners of registered Florida-bred horses placing first in a
 3052  claiming race, an allowance race, a maiden special race, or a
 3053  stakes race in which the announced purse, exclusive of entry and
 3054  starting fees and added moneys, does not exceed $40,000.
 3055         (b) The permitholder shall determine for each qualified
 3056  race the amount of the owners’ award for which a registered
 3057  Florida-bred horse will be eligible. The amount of the available
 3058  owners’ award shall be established in the same manner in which
 3059  purses are established and shall be published in the condition
 3060  book for the period during which the race is to be conducted. No
 3061  single award may exceed 50 percent of the gross purse for the
 3062  race won.
 3063         (c) If the moneys generated under paragraph (a) during the
 3064  meet exceed the owners’ awards earned during the meet, the
 3065  excess funds shall be held in a separate interest-bearing
 3066  account, and the total interest and principal shall be used to
 3067  increase the owners’ awards during the permitholder’s next meet.
 3068         (d) Breeders’ awards authorized by subsections (3) and (4)
 3069  may not be paid on owners’ awards.
 3070         (e) This subsection governs owners’ awards paid on
 3071  thoroughbred horse races only in this state, unless a written
 3072  agreement is filed with the department division establishing the
 3073  rate, procedures, and eligibility requirements for owners’
 3074  awards, including place of finish, class of race, maximum purse,
 3075  and maximum award, and the agreement is entered into by the
 3076  permitholder, the Florida Thoroughbred Breeders’ Association,
 3077  and the association representing a majority of the racehorse
 3078  owners and trainers at the permitholder’s location.
 3079         (7)(a) Each permitholder that conducts race meets under
 3080  this chapter and runs Appaloosa races shall pay to the
 3081  department division a sum equal to the breaks plus a sum equal
 3082  to 1 percent of the total contributions to each pari-mutuel pool
 3083  conducted on each Appaloosa race. The payments shall be remitted
 3084  to the department division by the 5th day of each calendar month
 3085  for sums accruing during the preceding calendar month.
 3086         (b) The department division shall deposit these collections
 3087  to the credit of the General Inspection Trust Fund in a special
 3088  account to be known as the “Florida Appaloosa Racing Promotion
 3089  Account.” The Department of Agriculture and Consumer Services
 3090  shall administer the funds and adopt suitable and reasonable
 3091  rules for the administration thereof. The moneys in the Florida
 3092  Appaloosa Racing Promotion Account shall be allocated solely for
 3093  supplementing and augmenting purses and prizes and for the
 3094  general promotion of owning and breeding of racing Appaloosas in
 3095  this state; and the moneys may not be used to defray any expense
 3096  of the Department of Agriculture and Consumer Services in the
 3097  administration of this chapter.
 3098         (8)(a) Each permitholder that conducts race meets under
 3099  this chapter and runs Arabian horse races shall pay to the
 3100  department division a sum equal to the breaks plus a sum equal
 3101  to 1 percent of the total contributions to each pari-mutuel pool
 3102  conducted on each Arabian horse race. The payments shall be
 3103  remitted to the department division by the 5th day of each
 3104  calendar month for sums accruing during the preceding calendar
 3105  month.
 3106         (b) The department division shall deposit these collections
 3107  to the credit of the General Inspection Trust Fund in a special
 3108  account to be known as the “Florida Arabian Horse Racing
 3109  Promotion Account.” The Department of Agriculture and Consumer
 3110  Services shall administer the funds and adopt suitable and
 3111  reasonable rules for the administration thereof. The moneys in
 3112  the Florida Arabian Horse Racing Promotion Account shall be
 3113  allocated solely for supplementing and augmenting purses and
 3114  prizes and for the general promotion of owning and breeding of
 3115  racing Arabian horses in this state; and the moneys may not be
 3116  used to defray any expense of the Department of Agriculture and
 3117  Consumer Services in the administration of this chapter, except
 3118  that the moneys generated by Arabian horse registration fees
 3119  received pursuant to s. 570.382 may be used as provided in
 3120  paragraph (5)(b) of that section.
 3121         Section 37. Section 550.26352, Florida Statutes, is amended
 3122  to read:
 3123         550.26352 Breeders’ Cup Meet; pools authorized; conflicts;
 3124  taxes; credits; transmission of races; rules; application.—
 3125         (1) Notwithstanding any provision of this chapter to the
 3126  contrary, there is hereby created a special thoroughbred race
 3127  meet that which shall be designated as the “Breeders’ Cup Meet.”
 3128  The Breeders’ Cup Meet shall be conducted at the facility of the
 3129  Florida permitholder selected by Breeders’ Cup Limited to
 3130  conduct the Breeders’ Cup Meet. The Breeders’ Cup Meet shall
 3131  consist of 3 days: the day on which the Breeders’ Cup races are
 3132  conducted, the preceding day, and the subsequent day. Upon the
 3133  selection of the Florida permitholder as host for the Breeders’
 3134  Cup Meet and application by the selected permitholder, the
 3135  department division shall issue a license to the selected
 3136  permitholder to operate the Breeders’ Cup Meet. Notwithstanding
 3137  s. 550.09515(2)(a), the Breeders’ Cup Meet may be conducted on
 3138  dates that which the selected permitholder is not otherwise
 3139  authorized to conduct a race meet.
 3140         (2) The permitholder conducting the Breeders’ Cup Meet is
 3141  specifically authorized to create pari-mutuel pools during the
 3142  Breeders’ Cup Meet by accepting pari-mutuel wagers on the
 3143  thoroughbred horse races run during said meet.
 3144         (3) If the permitholder conducting the Breeders’ Cup Meet
 3145  is located within 35 miles of one or more permitholders
 3146  scheduled to conduct a thoroughbred race meet on any of the 3
 3147  days of the Breeders’ Cup Meet, then operation on any of those 3
 3148  days by the other permitholders is prohibited. As compensation
 3149  for the loss of racing days caused thereby, such operating
 3150  permitholders shall receive a credit against the taxes otherwise
 3151  due and payable to the state under ss. 550.0951 and 550.09515.
 3152  This credit shall be in an amount equal to the operating loss
 3153  determined to have been suffered by the operating permitholders
 3154  as a result of not operating on the prohibited racing days, but
 3155  may shall not exceed a total of $950,000. The determination of
 3156  the amount to be credited shall be made by the department
 3157  division upon application by the operating permitholder. The tax
 3158  credits provided in this subsection are shall not be available
 3159  unless an operating permitholder is required to close a bona
 3160  fide meet consisting in part of no fewer than 10 scheduled
 3161  performances in the 15 days immediately preceding or 10
 3162  scheduled performances in the 15 days immediately following the
 3163  Breeders’ Cup Meet. Such tax credit shall be in lieu of any
 3164  other compensation or consideration for the loss of racing days.
 3165  There shall be no replacement or makeup of any lost racing days.
 3166         (4) Notwithstanding any provision of ss. 550.0951 and
 3167  550.09515, the permitholder conducting the Breeders’ Cup Meet
 3168  shall pay no taxes on the handle included within the pari-mutuel
 3169  pools of said permitholder during the Breeders’ Cup Meet.
 3170         (5) The permitholder conducting the Breeders’ Cup Meet
 3171  shall receive a credit against the taxes otherwise due and
 3172  payable to the state under ss. 550.0951 and 550.09515 generated
 3173  during said permitholder’s next ensuing regular thoroughbred
 3174  race meet. This credit shall be in an amount not to exceed
 3175  $950,000 and shall be used utilized by the permitholder to pay
 3176  the purses offered by the permitholder during the Breeders’ Cup
 3177  Meet in excess of the purses that which the permitholder is
 3178  otherwise required by law to pay. The amount to be credited
 3179  shall be determined by the department division upon application
 3180  of the permitholder which is subject to audit by the department
 3181  division.
 3182         (6) The permitholder conducting the Breeders’ Cup Meet
 3183  shall receive a credit against the taxes otherwise due and
 3184  payable to the state under ss. 550.0951 and 550.09515 generated
 3185  during said permitholder’s next ensuing regular thoroughbred
 3186  race meet. This credit shall be in an amount not to exceed
 3187  $950,000 and shall be utilized by the permitholder for such
 3188  capital improvements and extraordinary expenses as may be
 3189  necessary for operation of the Breeders’ Cup Meet. The amount to
 3190  be credited shall be determined by the department division upon
 3191  application of the permitholder which is subject to audit by the
 3192  department division.
 3193         (7) The permitholder conducting the Breeders’ Cup Meet is
 3194  shall be exempt from the payment of purses and other payments to
 3195  horsemen on all on-track, intertrack, interstate, and
 3196  international wagers or rights fees or payments arising
 3197  therefrom for all races for which the purse is paid or supplied
 3198  by Breeders’ Cup Limited. The permitholder conducting the
 3199  Breeders’ Cup Meet is shall not, however, be exempt from
 3200  breeders’ awards payments for on-track and intertrack wagers as
 3201  provided in ss. 550.2625(3) and 550.625(2)(a) for races in which
 3202  the purse is paid or supplied by Breeders’ Cup Limited.
 3203         (8)(a) Pursuant to s. 550.3551(2), the permitholder
 3204  conducting the Breeders’ Cup Meet may is authorized to transmit
 3205  broadcasts of the races conducted during the Breeders’ Cup Meet
 3206  to locations outside of this state for wagering purposes. The
 3207  department division may approve broadcasts to pari-mutuel
 3208  permitholders and other betting systems authorized under the
 3209  laws of any other state or country. Wagers accepted by any out
 3210  of-state pari-mutuel permitholder or betting system on any races
 3211  broadcast under this section may be, but are not required to be,
 3212  commingled with the pari-mutuel pools of the permitholder
 3213  conducting the Breeders’ Cup Meet. The calculation of any payoff
 3214  on national pari-mutuel pools with commingled wagers may be
 3215  performed by the permitholder’s totalisator contractor at a
 3216  location outside of this state. Pool amounts from wagers placed
 3217  at pari-mutuel facilities or other betting systems in foreign
 3218  countries before being commingled with the pari-mutuel pool of
 3219  the Florida permitholder conducting the Breeders’ Cup Meet shall
 3220  be calculated by the totalisator contractor and transferred to
 3221  the commingled pool in United States currency in cycles
 3222  customarily used by the permitholder. Pool amounts from wagers
 3223  placed at any foreign pari-mutuel facility or other betting
 3224  system may shall not be commingled with a Florida pool until a
 3225  determination is made by the department division that the
 3226  technology utilized by the totalisator contractor is adequate to
 3227  assure commingled pools will result in the calculation of
 3228  accurate payoffs to Florida bettors. Any totalisator contractor
 3229  at a location outside of this state shall comply with the
 3230  provisions of s. 550.495 relating to totalisator licensing.
 3231         (b) The permitholder conducting the Breeders’ Cup Meet may
 3232  is authorized to transmit broadcasts of the races conducted
 3233  during the Breeders’ Cup Meet to other pari-mutuel facilities
 3234  located in this state for wagering purposes; however, the
 3235  permitholder conducting the Breeders’ Cup Meet is shall not be
 3236  required to transmit broadcasts to any pari-mutuel facility
 3237  located within 25 miles of the facility at which the Breeders’
 3238  Cup Meet is conducted.
 3239         (9) The exemption from the tax credits provided in
 3240  subsections (5) and (6) may shall not be granted and may shall
 3241  not be claimed by the permitholder until an audit is completed
 3242  by the department division. The department division is required
 3243  to complete the audit within 30 days of receipt of the necessary
 3244  documentation from the permitholder to verify the permitholder’s
 3245  claim for tax credits. If the documentation submitted by the
 3246  permitholder is incomplete or is insufficient to document the
 3247  permitholder’s claim for tax credits, the department division
 3248  may request such additional documentation as is necessary to
 3249  complete the audit. Upon receipt of the department’s division’s
 3250  written request for additional documentation, the 30-day time
 3251  limitation will commence anew.
 3252         (10) The department may division is authorized to adopt
 3253  such rules as are necessary to facilitate the conduct of the
 3254  Breeders’ Cup Meet, including as authorized in this section.
 3255  Included within this grant of authority shall be the adoption or
 3256  waiver of rules regarding the overall conduct of racing during
 3257  the Breeders’ Cup Meet so as to ensure the integrity of the
 3258  races, licensing for all participants, special stabling and
 3259  training requirements for foreign horses, commingling of pari
 3260  mutuel pools, and audit requirements for tax credits and other
 3261  benefits.
 3262         (11) Any dispute between the department division and any
 3263  permitholder regarding the tax credits authorized under
 3264  subsection (3), subsection (5), or subsection (6) shall be
 3265  determined by a hearing officer of the Division of
 3266  Administrative Hearings under the provisions of s. 120.57(1).
 3267         (12) The provisions of this section shall prevail over any
 3268  conflicting provisions of this chapter.
 3269         Section 38. Section 550.2704, Florida Statutes, is amended
 3270  to read:
 3271         550.2704 Jai Alai Tournament of Champions Meet.—
 3272         (1) Notwithstanding any provision of this chapter, there is
 3273  hereby created a special jai alai meet that which shall be
 3274  designated as the “Jai Alai Tournament of Champions Meet” and
 3275  which shall be hosted by the Florida jai alai permitholders
 3276  selected by the National Association of Jai Alai Frontons, Inc.,
 3277  to conduct such meet. The meet shall consist of three qualifying
 3278  performances and a final performance, each of which is to be
 3279  conducted on different days. Upon the selection of the Florida
 3280  permitholders for the meet, and upon application by the selected
 3281  permitholders, the department Division of Pari-mutuel Wagering
 3282  shall issue a license to each of the selected permitholders to
 3283  operate the meet. The meet may be conducted during a season in
 3284  which the permitholders selected to conduct the meet are not
 3285  otherwise authorized to conduct a meet. Notwithstanding anything
 3286  herein to the contrary, any Florida permitholder who is to
 3287  conduct a performance that which is a part of the Jai Alai
 3288  Tournament of Champions Meet is shall not be required to apply
 3289  for the license for said meet if it is to be run during the
 3290  regular season for which such permitholder has a license.
 3291         (2) Qualifying performances and the final performance of
 3292  the tournament shall be held at different locations throughout
 3293  the state, and the permitholders selected shall be under
 3294  different ownership to the extent possible.
 3295         (3) Notwithstanding any provision of this chapter, each of
 3296  the permitholders licensed to conduct performances comprising
 3297  the Jai Alai Tournament of Champions Meet shall pay no taxes on
 3298  handle under s. 550.0951 or s. 550.09511 for any performance
 3299  conducted by such permitholder as part of the Jai Alai
 3300  Tournament of Champions Meet. The provisions of this subsection
 3301  shall apply to a maximum of four performances.
 3302         (4) The Jai Alai Tournament of Champions Meet permitholders
 3303  shall also receive a credit against the taxes, otherwise due and
 3304  payable under s. 550.0951 or s. 550.09511, generated during said
 3305  permitholders’ current regular meet. This credit shall be in the
 3306  aggregate amount of $150,000, shall be prorated equally between
 3307  the permitholders, and shall be used utilized by the
 3308  permitholders solely to supplement awards for the performance
 3309  conducted during the Jai Alai Tournament of Champions Meet. All
 3310  awards shall be paid to the tournament’s participating players
 3311  no later than 30 days following the conclusion of said Jai Alai
 3312  Tournament of Champions Meet.
 3313         (5) In addition to the credit authorized in subsection (4),
 3314  the Jai Alai Tournament of Champions Meet permitholders shall
 3315  receive a credit against the taxes, otherwise due and payable
 3316  under s. 550.0951 or s. 550.09511, generated during said
 3317  permitholders’ current regular meet, in an amount not to exceed
 3318  the aggregate amount of $150,000, which shall be prorated
 3319  equally between the permitholders, and shall be used utilized by
 3320  the permitholders for such capital improvements and
 3321  extraordinary expenses, including marketing expenses, as may be
 3322  necessary for the operation of the meet. The determination of
 3323  the amount to be credited shall be made by the department
 3324  division upon application of said permitholders.
 3325         (6) The permitholder is shall be entitled to said
 3326  permitholder’s pro rata share of the $150,000 tax credit
 3327  provided in subsection (5) without having to make application,
 3328  so long as appropriate documentation to substantiate said
 3329  expenditures thereunder is provided to the department division
 3330  within 30 days following said Jai Alai Tournament of Champions
 3331  Meet.
 3332         (7) A No Jai Alai Tournament of Champions Meet may not
 3333  shall exceed 4 days in any state fiscal year, and only no more
 3334  than one performance may shall be conducted on any one day of
 3335  the meet. There shall be Only one Jai Alai Tournament of
 3336  Champions Meet may occur in any state fiscal year.
 3337         (8) The department may division is authorized to adopt such
 3338  rules as are necessary to facilitate the conduct of the Jai Alai
 3339  Tournament of Champions Meet, including as authorized in this
 3340  section. Included within this grant of authority shall be the
 3341  adoption of rules regarding the overall conduct of the
 3342  tournament so as to ensure the integrity of the event, licensing
 3343  for participants, commingling of pari-mutuel pools, and audit
 3344  requirements for tax credits and exemptions.
 3345         (9) The provisions of This section prevails shall prevail
 3346  over any conflicting provisions of this chapter.
 3347         Section 39. Subsections (3) and (5) of section 550.334,
 3348  Florida Statutes, are amended to read:
 3349         550.334 Quarter horse racing; substitutions.—
 3350         (3) Quarter horses participating in such races must be duly
 3351  registered by the American Quarter Horse Association, and before
 3352  each race such horses must be examined and declared in fit
 3353  condition by a qualified person designated by the department
 3354  division.
 3355         (5) Any quarter horse racing permitholder operating under a
 3356  valid permit issued by the department division is authorized to
 3357  substitute races of other breeds of horses which are,
 3358  respectively, registered with the American Paint Horse
 3359  Association, Appaloosa Horse Club, Arabian Horse Registry of
 3360  America, Palomino Horse Breeders of America, United States
 3361  Trotting Association, Florida Cracker Horse Association, or
 3362  Jockey Club for no more than 50 percent of the quarter horse
 3363  races during its meet.
 3364         Section 40. Subsection (2) of section 550.3345, Florida
 3365  Statutes, is amended to read:
 3366         550.3345 Conversion of quarter horse permit to a limited
 3367  thoroughbred permit.—
 3368         (2) Notwithstanding any other provision of law, the holder
 3369  of a quarter horse racing permit issued under s. 550.334 may,
 3370  within 1 year after the effective date of this section, apply to
 3371  the department division for a transfer of the quarter horse
 3372  racing permit to a not-for-profit corporation formed under state
 3373  law to serve the purposes of the state as provided in subsection
 3374  (1). The board of directors of the not-for-profit corporation
 3375  must be comprised of 11 members, 4 of whom shall be designated
 3376  by the applicant, 4 of whom shall be designated by the Florida
 3377  Thoroughbred Breeders’ Association, and 3 of whom shall be
 3378  designated by the other 8 directors, with at least 1 of these 3
 3379  members being an authorized representative of another
 3380  thoroughbred permitholder in this state. The not-for-profit
 3381  corporation shall submit an application to the department
 3382  division for review and approval of the transfer in accordance
 3383  with s. 550.054. Upon approval of the transfer by the department
 3384  division, and notwithstanding any other provision of law to the
 3385  contrary, the not-for-profit corporation may, within 1 year
 3386  after its receipt of the permit, request that the department
 3387  division convert the quarter horse racing permit to a permit
 3388  authorizing the holder to conduct pari-mutuel wagering meets of
 3389  thoroughbred racing. Neither the transfer of the quarter horse
 3390  racing permit nor its conversion to a limited thoroughbred
 3391  permit shall be subject to the mileage limitation or the
 3392  ratification election as set forth under s. 550.054(2) or s.
 3393  550.0651. Upon receipt of the request for such conversion, the
 3394  department division shall timely issue a converted permit. The
 3395  converted permit and the not-for-profit corporation shall be
 3396  subject to the following requirements:
 3397         (a) All net revenues derived by the not-for-profit
 3398  corporation under the thoroughbred horse racing permit, after
 3399  the funding of operating expenses and capital improvements,
 3400  shall be dedicated to the enhancement of thoroughbred purses and
 3401  breeders’, stallion, and special racing awards under this
 3402  chapter; the general promotion of the thoroughbred horse
 3403  breeding industry; and the care in this state of thoroughbred
 3404  horses retired from racing.
 3405         (b) From December 1 through April 30, no live thoroughbred
 3406  racing may be conducted under the permit on any day during which
 3407  another thoroughbred permitholder is conducting live
 3408  thoroughbred racing within 125 air miles of the not-for-profit
 3409  corporation’s pari-mutuel facility unless the other thoroughbred
 3410  permitholder gives its written consent.
 3411         (c) After the conversion of the quarter horse racing permit
 3412  and the issuance of its initial license to conduct pari-mutuel
 3413  wagering meets of thoroughbred racing, the not-for-profit
 3414  corporation shall annually apply to the department division for
 3415  a license pursuant to s. 550.5251(2)-(5).
 3416         (d) Racing under the permit may take place only at the
 3417  location for which the original quarter horse racing permit was
 3418  issued, which may be leased by the not-for-profit corporation
 3419  for that purpose; however, the not-for-profit corporation may,
 3420  without the conduct of any ratification election pursuant to s.
 3421  550.054(13) or s. 550.0651, move the location of the permit to
 3422  another location in the same county provided that such
 3423  relocation is approved under the zoning and land use regulations
 3424  of the applicable county or municipality.
 3425         (e) A No permit converted under this section may not be
 3426  transferred is eligible for transfer to another person or
 3427  entity.
 3428         Section 41. Section 550.3355, Florida Statutes, is amended
 3429  to read:
 3430         550.3355 Harness track licenses for summer quarter horse
 3431  racing.—Any harness track licensed to operate under the
 3432  provisions of s. 550.375 may make application for, and shall be
 3433  issued by the department division, a license to operate not more
 3434  than 50 quarter horse racing days during the summer season,
 3435  which shall extend from July 1 until October 1 of each year.
 3436  However, this license to operate quarter horse racing for 50
 3437  days is in addition to the racing days and dates provided in s.
 3438  550.375 for harness racing during the winter seasons; and, it
 3439  does not affect the right of such licensee to operate harness
 3440  racing at the track as provided in s. 550.375 during the winter
 3441  season. All provisions of this chapter governing quarter horse
 3442  racing not in conflict herewith apply to the operation of
 3443  quarter horse meetings authorized hereunder, except that all
 3444  quarter horse racing permitted hereunder shall be conducted at
 3445  night.
 3446         Section 42. Paragraph (a) of subsection (6) and subsections
 3447  (10) and (13) of section 550.3551, Florida Statutes, are amended
 3448  to read:
 3449         550.3551 Transmission of racing and jai alai information;
 3450  commingling of pari-mutuel pools.—
 3451         (6)(a) A maximum of 20 percent of the total number of races
 3452  on which wagers are accepted by a greyhound permitholder not
 3453  located as specified in s. 550.615(6) may be received from
 3454  locations outside this state. A permitholder may not conduct
 3455  fewer than eight live races or games on any authorized race day
 3456  except as provided in this subsection. A thoroughbred
 3457  permitholder may not conduct fewer than eight live races on any
 3458  race day without the written approval of the Florida
 3459  Thoroughbred Breeders’ Association and the Florida Horsemen’s
 3460  Benevolent and Protective Association, Inc., unless it is
 3461  determined by the department that another entity represents a
 3462  majority of the thoroughbred racehorse owners and trainers in
 3463  the state. A harness permitholder may conduct fewer than eight
 3464  live races on any authorized race day, except that such
 3465  permitholder must conduct a full schedule of live racing during
 3466  its race meet consisting of at least eight live races per
 3467  authorized race day for at least 100 days. Any harness horse
 3468  permitholder that during the preceding racing season conducted a
 3469  full schedule of live racing may, at any time during its current
 3470  race meet, receive full-card broadcasts of harness horse races
 3471  conducted at harness racetracks outside this state at the
 3472  harness track of the permitholder and accept wagers on such
 3473  harness races. With specific authorization from the department
 3474  division for special racing events, a permitholder may conduct
 3475  fewer than eight live races or games when the permitholder also
 3476  broadcasts out-of-state races or games. The department division
 3477  may not grant more than two such exceptions a year for a
 3478  permitholder in any 12-month period, and those two exceptions
 3479  may not be consecutive.
 3480         (10) The department division may adopt rules necessary to
 3481  facilitate commingling of pari-mutuel pools, to ensure the
 3482  proper calculation of payoffs in circumstances in which
 3483  different commission percentages are applicable and to regulate
 3484  the distribution of net proceeds between the horse track and, in
 3485  this state, the horsemen’s associations.
 3486         (13) This section does not prohibit the commingling of
 3487  national pari-mutuel pools by a totalisator company that is
 3488  licensed under this chapter. Such commingling of national pools
 3489  is subject to department division review and approval and must
 3490  be performed pursuant to in accordance with rules adopted by the
 3491  department division to ensure accurate calculation and
 3492  distribution of the pools.
 3493         Section 43. Subsections (3), (4), and (5) of section
 3494  550.3615, Florida Statutes, are amended to read:
 3495         550.3615 Bookmaking on the grounds of a permitholder;
 3496  penalties; reinstatement; duties of track employees; penalty;
 3497  exceptions.—
 3498         (3) Any person who has been convicted of bookmaking in this
 3499  state or any other state of the United States or any foreign
 3500  country shall be denied admittance to and may shall not attend
 3501  any racetrack or fronton in this state during its racing seasons
 3502  or operating dates, including any practice or preparational
 3503  days, for a period of 2 years after the date of conviction or
 3504  the date of final appeal. Following the conclusion of the period
 3505  of ineligibility, the department director of the division may
 3506  authorize the reinstatement of an individual following a hearing
 3507  on readmittance. Any such person who knowingly violates this
 3508  subsection commits is guilty of a misdemeanor of the first
 3509  degree, punishable as provided in s. 775.082 or s. 775.083.
 3510         (4) If the activities of a person show that this law is
 3511  being violated, and such activities are either witnessed or are
 3512  common knowledge by any track or fronton employee, it is the
 3513  duty of that employee to bring the matter to the immediate
 3514  attention of the permitholder, manager, or her or his designee,
 3515  who shall notify a law enforcement agency having jurisdiction.
 3516  Willful failure on the part of any track or fronton employee to
 3517  comply with the provisions of this subsection is a ground for
 3518  the department division to suspend or revoke that employee’s
 3519  license for track or fronton employment.
 3520         (5) Each permittee shall display, in conspicuous places at
 3521  a track or fronton and in all race and jai alai daily programs,
 3522  a warning to all patrons concerning the prohibition and
 3523  penalties of bookmaking contained in this section and s. 849.25.
 3524  The department division shall adopt rules concerning the uniform
 3525  size of all warnings and the number of placements throughout a
 3526  track or fronton. Failure on the part of the permittee to
 3527  display such warnings may result in the imposition of a $500
 3528  fine by the department division for each offense.
 3529         Section 44. Subsections (2) and (3) of section 550.375,
 3530  Florida Statutes, are amended to read:
 3531         550.375 Operation of certain harness tracks.—
 3532         (2) Any permittee or licensee authorized under this section
 3533  to transfer the location of its permit may conduct harness
 3534  racing only between the hours of 7 p.m. and 2 a.m. A permit so
 3535  transferred applies only to the locations provided in this
 3536  section. The provisions of this chapter which prohibit the
 3537  location and operation of a licensed harness track permittee and
 3538  licensee within 100 air miles of the location of a racetrack
 3539  authorized to conduct racing under this chapter and which
 3540  prohibit the department division from granting any permit to a
 3541  harness track at a location in the area in which there are three
 3542  horse tracks located within 100 air miles thereof do not apply
 3543  to a licensed harness track that is required by the terms of
 3544  this section to race between the hours of 7 p.m. and 2 a.m.
 3545         (3) A permit may not be issued by the department division
 3546  for the operation of a harness track within 75 air miles of a
 3547  location of a harness track licensed and operating under this
 3548  chapter.
 3549         Section 45. Section 550.495, Florida Statutes, is amended
 3550  to read:
 3551         550.495 Totalisator licensing.—
 3552         (1) A totalisator may not be operated at a pari-mutuel
 3553  facility in this state, or at a facility located in or out of
 3554  this state which is used as the primary totalisator for a race
 3555  or game conducted in this state, unless the totalisator company
 3556  possesses a business license issued by the department division.
 3557         (2)(a) Each totalisator company must apply to the
 3558  department division for an annual business license. The
 3559  application must include such information as the department
 3560  division by rule requires.
 3561         (b) As a part of its license application, each totalisator
 3562  company must agree in writing to pay to the department division
 3563  an amount equal to the loss of any state revenues from missed or
 3564  canceled races, games, or performances due to acts of the
 3565  totalisator company or its agents or employees or failures of
 3566  the totalisator system, except for circumstances beyond the
 3567  control of the totalisator company or agent or employee, as
 3568  determined by the department division.
 3569         (c) Each totalisator company must file with the department
 3570  division a performance bond, acceptable to the department
 3571  division, in the sum of $250,000 issued by a surety approved by
 3572  the department division or must file proof of insurance,
 3573  acceptable to the department division, against financial loss in
 3574  the amount of $250,000, insuring the state against such a
 3575  revenue loss.
 3576         (d) In the event of a loss of state tax revenues, the
 3577  department division shall determine:
 3578         1. The estimated revenue lost as a result of missed or
 3579  canceled races, games, or performances;
 3580         2. The number of races, games, or performances which is
 3581  practicable for the permitholder to conduct in an attempt to
 3582  mitigate the revenue loss; and
 3583         3. The amount of the revenue loss which the makeup races,
 3584  games, or performances will not recover and for which the
 3585  totalisator company is liable.
 3586         (e) Upon the making of such determinations, the department
 3587  division shall issue to the totalisator company and to the
 3588  affected permitholder an order setting forth the determinations
 3589  of the department division.
 3590         (f) If the order is contested by either the totalisator
 3591  company or any affected permitholder, the provisions of chapter
 3592  120 applies apply. If the totalisator company contests the order
 3593  on the grounds that the revenue loss was due to circumstances
 3594  beyond its control, the totalisator company has the burden of
 3595  proving that circumstances vary in fact beyond its control. For
 3596  purposes of this paragraph, strikes and acts of God are beyond
 3597  the control of the totalisator company.
 3598         (g) Upon the failure of the totalisator company to make the
 3599  payment found to be due the state, the department division may
 3600  cause the forfeiture of the bond or may proceed against the
 3601  insurance contract, and the proceeds of the bond or contract
 3602  shall be deposited into the Pari-mutuel Wagering Trust Fund. If
 3603  that bond was not posted or insurance obtained, the department
 3604  division may proceed against any assets of the totalisator
 3605  company to collect the amounts due under this subsection.
 3606         (3) If the applicant meets the requirements of this section
 3607  and department division rules and pays the license fee, the
 3608  department division shall issue the license.
 3609         (4) Each totalisator company shall conduct operations in
 3610  accordance with rules adopted by the department division, in
 3611  such form, content, and frequency as the department division by
 3612  rule determines.
 3613         (5) The department division and its representatives may
 3614  enter and inspect any area of the premises of a licensed
 3615  totalisator company, and may examine totalisator records, during
 3616  the licensee’s regular business or operating hours.
 3617         Section 46. Section 550.505, Florida Statutes, is amended
 3618  to read:
 3619         550.505 Nonwagering permits.—
 3620         (1)(a) Except as provided in this section, permits and
 3621  licenses issued by the department division are intended to be
 3622  used for pari-mutuel wagering operations in conjunction with
 3623  horseraces, dograces, or jai alai performances.
 3624         (b) Subject to the requirements of this section, the
 3625  department may division is authorized to issue permits for the
 3626  conduct of horseracing meets without pari-mutuel wagering or any
 3627  other form of wagering being conducted in conjunction therewith.
 3628  Such permits shall be known as nonwagering permits and may be
 3629  issued only for horseracing meets. A horseracing permitholder
 3630  need not obtain an additional permit from the department
 3631  division for conducting nonwagering racing under this section,
 3632  but must apply to the department division for the issuance of a
 3633  license under this section. The holder of a nonwagering permit
 3634  is prohibited from conducting pari-mutuel wagering or any other
 3635  form of wagering in conjunction with racing conducted under the
 3636  permit. Nothing in This subsection does not prohibit prohibits
 3637  horseracing for any stake, purse, prize, or premium.
 3638         (c) The holder of a nonwagering permit is exempt from the
 3639  provisions of s. 550.105 and is exempt from the imposition of
 3640  daily license fees and admission tax.
 3641         (2)(a) Any person not prohibited from holding any type of
 3642  pari-mutuel permit under s. 550.1815 may shall be allowed to
 3643  apply to the department division for a nonwagering permit. The
 3644  applicant must demonstrate that the location or locations where
 3645  the nonwagering permit will be used are available for such use
 3646  and that the applicant has the financial ability to satisfy the
 3647  reasonably anticipated operational expenses of the first racing
 3648  year following final issuance of the nonwagering permit. If the
 3649  racing facility is already built, the application must contain a
 3650  statement, with reasonable supporting evidence, that the
 3651  nonwagering permit will be used for horseracing within 1 year
 3652  after the date on which it is granted. If the facility is not
 3653  already built, the application must contain a statement, with
 3654  reasonable supporting evidence, that substantial construction
 3655  will be started within 1 year after the issuance of the
 3656  nonwagering permit.
 3657         (b) The department division may conduct an eligibility
 3658  investigation to determine if the applicant meets the
 3659  requirements of paragraph (a).
 3660         (3)(a) Upon receipt of a nonwagering permit, the
 3661  permitholder must apply to the department division before June 1
 3662  of each year for an annual nonwagering license for the next
 3663  succeeding calendar year. Such application must set forth the
 3664  days and locations at which the permitholder will conduct
 3665  nonwagering horseracing and must indicate any changes in
 3666  ownership or management of the permitholder occurring since the
 3667  date of application for the prior license.
 3668         (b) On or before August 1 of each year, the department
 3669  division shall issue a license authorizing the nonwagering
 3670  permitholder to conduct nonwagering horseracing during the
 3671  succeeding calendar year during the period and for the number of
 3672  days set forth in the application, subject to all other
 3673  provisions of this section.
 3674         (c) The department division may conduct an eligibility
 3675  investigation to determine the qualifications of any new
 3676  ownership or management interest in the permit.
 3677         (4) Upon the approval of racing dates by the department
 3678  division, the department division shall issue an annual
 3679  nonwagering license to the nonwagering permitholder.
 3680         (5) Only horses registered with an established breed
 3681  registration organization, which organization shall be approved
 3682  by the department division, shall be raced at any race meeting
 3683  authorized by this section.
 3684         (6) The department division may order any person
 3685  participating in a nonwagering meet to cease and desist from
 3686  participating in such meet if the department division determines
 3687  the person to be not of good moral character in accordance with
 3688  s. 550.1815. The department division may order the operators of
 3689  a nonwagering meet to cease and desist from operating the meet
 3690  if the department division determines the meet is being operated
 3691  for any illegal purpose.
 3692         Section 47. Subsection (1) of section 550.5251, Florida
 3693  Statutes, is amended to read:
 3694         550.5251 Florida thoroughbred racing; certain permits;
 3695  operating days.—
 3696         (1) Each thoroughbred permitholder shall annually, during
 3697  the period commencing December 15 of each year and ending
 3698  January 4 of the following year, file in writing with the
 3699  department division its application to conduct one or more
 3700  thoroughbred racing meetings during the thoroughbred racing
 3701  season commencing on the following July 1. Each application
 3702  shall specify the number and dates of all performances that the
 3703  permitholder intends to conduct during that thoroughbred racing
 3704  season. On or before March 15 of each year, the department
 3705  division shall issue a license authorizing each permitholder to
 3706  conduct performances on the dates specified in its application.
 3707  Up to February 28 of each year, each permitholder may request
 3708  and shall be granted changes in its authorized performances; but
 3709  thereafter, as a condition precedent to the validity of its
 3710  license and its right to retain its permit, each permitholder
 3711  must operate the full number of days authorized on each of the
 3712  dates set forth in its license.
 3713         Section 48. Subsection (3) of section 550.625, Florida
 3714  Statutes, is amended to read:
 3715         550.625 Intertrack wagering; purses; breeders’ awards.—If a
 3716  host track is a horse track:
 3717         (3) The payment to a breeders’ organization shall be
 3718  combined with any other amounts received by the respective
 3719  breeders’ and owners’ associations as so designated. Each
 3720  breeders’ and owners’ association receiving these funds shall be
 3721  allowed to withhold the same percentage as set forth in s.
 3722  550.2625 to be used for administering the payment of awards and
 3723  for the general promotion of their respective industries. If the
 3724  total combined amount received for thoroughbred breeders’ awards
 3725  exceeds 15 percent of the purse required to be paid under
 3726  subsection (1), the breeders’ and owners’ association, as so
 3727  designated, notwithstanding any other provision of law, shall
 3728  submit a plan to the department division for approval which
 3729  would use the excess funds in promoting the breeding industry by
 3730  increasing the purse structure for Florida-breds. Preference
 3731  shall be given to the track generating such excess.
 3732         Section 49. Subsection (5) and paragraph (g) of subsection
 3733  (9) of section 550.6305, Florida Statutes, are amended to read:
 3734         550.6305 Intertrack wagering; guest track payments;
 3735  accounting rules.—
 3736         (5) The department division shall adopt rules providing an
 3737  expedient accounting procedure for the transfer of the pari
 3738  mutuel pool in order to properly account for payment of state
 3739  taxes, payment to the guest track, payment to the host track,
 3740  payment of purses, payment to breeders’ associations, payment to
 3741  horsemen’s associations, and payment to the public.
 3742         (9) A host track that has contracted with an out-of-state
 3743  horse track to broadcast live races conducted at such out-of
 3744  state horse track pursuant to s. 550.3551(5) may broadcast such
 3745  out-of-state races to any guest track and accept wagers thereon
 3746  in the same manner as is provided in s. 550.3551.
 3747         (g)1. Any thoroughbred permitholder which accepts wagers on
 3748  a simulcast signal must make the signal available to any
 3749  permitholder that is eligible to conduct intertrack wagering
 3750  under the provisions of ss. 550.615-550.6345.
 3751         2. Any thoroughbred permitholder which accepts wagers on a
 3752  simulcast signal received after 6 p.m. must make such signal
 3753  available to any permitholder that is eligible to conduct
 3754  intertrack wagering under the provisions of ss. 550.615
 3755  550.6345, including any permitholder located as specified in s.
 3756  550.615(6). Such guest permitholders are authorized to accept
 3757  wagers on such simulcast signal, notwithstanding any other
 3758  provision of this chapter to the contrary.
 3759         3. Any thoroughbred permitholder which accepts wagers on a
 3760  simulcast signal received after 6 p.m. must make such signal
 3761  available to any permitholder that is eligible to conduct
 3762  intertrack wagering under the provisions of ss. 550.615
 3763  550.6345, including any permitholder located as specified in s.
 3764  550.615(9). Such guest permitholders are authorized to accept
 3765  wagers on such simulcast signals for a number of performances
 3766  not to exceed that which constitutes a full schedule of live
 3767  races for a quarter horse permitholder pursuant to s.
 3768  550.002(10)(11), notwithstanding any other provision of this
 3769  chapter to the contrary, except that the restrictions provided
 3770  in s. 550.615(9)(a) apply to wagers on such simulcast signals.
 3771  
 3772  No thoroughbred permitholder shall be required to continue to
 3773  rebroadcast a simulcast signal to any in-state permitholder if
 3774  the average per performance gross receipts returned to the host
 3775  permitholder over the preceding 30-day period were less than
 3776  $100. Subject to the provisions of s. 550.615(4), as a condition
 3777  of receiving rebroadcasts of thoroughbred simulcast signals
 3778  under this paragraph, a guest permitholder must accept
 3779  intertrack wagers on all live races conducted by all then
 3780  operating thoroughbred permitholders.
 3781         Section 50. Subsections (1) and (2) of section 550.6308,
 3782  Florida Statutes, are amended to read:
 3783         550.6308 Limited intertrack wagering license.—In
 3784  recognition of the economic importance of the thoroughbred
 3785  breeding industry to this state, its positive impact on tourism,
 3786  and of the importance of a permanent thoroughbred sales facility
 3787  as a key focal point for the activities of the industry, a
 3788  limited license to conduct intertrack wagering is established to
 3789  ensure the continued viability and public interest in
 3790  thoroughbred breeding in Florida.
 3791         (1) Upon application to the department division on or
 3792  before January 31 of each year, any person that is licensed to
 3793  conduct public sales of thoroughbred horses pursuant to s.
 3794  535.01, that has conducted at least 15 days of thoroughbred
 3795  horse sales at a permanent sales facility in this state for at
 3796  least 3 consecutive years, and that has conducted at least 1 day
 3797  of nonwagering thoroughbred racing in this state, with a purse
 3798  structure of at least $250,000 per year for 2 consecutive years
 3799  before such application, shall be issued a license, subject to
 3800  the conditions set forth in this section, to conduct intertrack
 3801  wagering at such a permanent sales facility during the following
 3802  periods:
 3803         (a) Up to 21 days in connection with thoroughbred sales;
 3804         (b) Between November 1 and May 8;
 3805         (c) Between May 9 and October 31 at such times and on such
 3806  days as any thoroughbred, jai alai, or a greyhound permitholder
 3807  in the same county is not conducting live performances; provided
 3808  that any such permitholder may waive this requirement, in whole
 3809  or in part, and allow the licensee under this section to conduct
 3810  intertrack wagering during one or more of the permitholder’s
 3811  live performances; and
 3812         (d) During the weekend of the Kentucky Derby, the
 3813  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 3814  conducted before November 1 and after May 8.
 3815  
 3816  No more than one such license may be issued, and no such license
 3817  may be issued for a facility located within 50 miles of any
 3818  thoroughbred permitholder’s track.
 3819         (2) If more than one application is submitted for such
 3820  license, the department division shall determine which applicant
 3821  shall be granted the license. In making its determination, the
 3822  department division shall grant the license to the applicant
 3823  demonstrating superior capabilities, as measured by the length
 3824  of time the applicant has been conducting thoroughbred sales
 3825  within this state or elsewhere, the applicant’s total volume of
 3826  thoroughbred horse sales, within this state or elsewhere, the
 3827  length of time the applicant has maintained a permanent
 3828  thoroughbred sales facility in this state, and the quality of
 3829  the facility.
 3830         Section 51. Subsection (2) of section 550.70, Florida
 3831  Statutes, is amended to read:
 3832         550.70 Jai alai general provisions; chief court judges
 3833  required; extension of time to construct fronton; amateur jai
 3834  alai contests permitted under certain conditions; playing days’
 3835  limitations; locking of pari-mutuel machines.—
 3836         (2) The time within which the holder of a ratified permit
 3837  for jai alai or pelota has to construct and complete a fronton
 3838  may be extended by the department division for a period of 24
 3839  months after the date of the issuance of the permit, anything to
 3840  the contrary in any statute notwithstanding.
 3841         Section 52. Subsection (3) of section 550.902, Florida
 3842  Statutes, is amended to read:
 3843         550.902 Purposes.—The purposes of this compact are to:
 3844         (3) Authorize the Department of Gaming Control Business and
 3845  Professional Regulation to participate in this compact.
 3846         Section 53. Subsection (1) of section 550.907, Florida
 3847  Statutes, is amended to read:
 3848         550.907 Compact committee.—
 3849         (1) There is created an interstate governmental entity to
 3850  be known as the “compact committee,” which shall be composed of
 3851  one official from the racing commission, or the equivalent
 3852  thereof, in each party state who shall be appointed, serve, and
 3853  be subject to removal in accordance with the laws of the party
 3854  state that she or he represents. The official from Florida shall
 3855  be appointed by the Gaming Commission Secretary of Business and
 3856  Professional Regulation. Pursuant to the laws of her or his
 3857  party state, each official shall have the assistance of her or
 3858  his state’s racing commission, or the equivalent thereof, in
 3859  considering issues related to licensing of participants in pari
 3860  mutuel wagering and in fulfilling her or his responsibilities as
 3861  the representative from her or his state to the compact
 3862  committee.
 3863         Section 54. Subsections (1), (3), (10), and (11) of section
 3864  551.102, Florida Statutes, are amended, present subsection (1)
 3865  of that section is renumbered as subsection (3), and a new
 3866  subsection (1) is added to that section, to read:
 3867         551.102 Definitions.—As used in this chapter, the term:
 3868         (1) “Department” means the Department of Gaming Control.
 3869         (3)(1) “Distributor” means any person who sells, leases, or
 3870  offers or otherwise provides, distributes, or services any slot
 3871  machine or associated equipment for use or play of slot machines
 3872  in this state. A manufacturer may be a distributor within the
 3873  state.
 3874         (3) “Division” means the Division of Pari-mutuel Wagering
 3875  of the Department of Business and Professional Regulation.
 3876         (10) “Slot machine license” means a license issued by the
 3877  department division authorizing a pari-mutuel permitholder to
 3878  place and operate slot machines as provided by s. 23, Art. X of
 3879  the State Constitution, the provisions of this chapter, and
 3880  department division rules.
 3881         (11) “Slot machine licensee” means a pari-mutuel
 3882  permitholder who holds a license issued by the department
 3883  division pursuant to this chapter which that authorizes such
 3884  person to possess a slot machine within facilities specified in
 3885  s. 23, Art. X of the State Constitution and allows slot machine
 3886  gaming.
 3887         Section 55. Section 551.103, Florida Statutes, is amended
 3888  to read:
 3889         551.103 Powers and duties of the department division and
 3890  law enforcement.—
 3891         (1) The department division shall adopt, pursuant to the
 3892  provisions of ss. 120.536(1) and 120.54, all rules necessary to
 3893  implement, administer, and regulate slot machine gaming as
 3894  authorized in this chapter. Such rules must include:
 3895         (a) Procedures for applying for a slot machine license and
 3896  renewal of a slot machine license.
 3897         (b) Technical requirements and the qualifications contained
 3898  in this chapter which that are necessary to receive a slot
 3899  machine license or slot machine occupational license.
 3900         (c) Procedures to scientifically test and technically
 3901  evaluate slot machines for compliance with this chapter. The
 3902  department division may contract with an independent testing
 3903  laboratory to conduct any necessary testing under this section.
 3904  The independent testing laboratory must have a national
 3905  reputation and be which is demonstrably competent and qualified
 3906  to scientifically test and evaluate slot machines for compliance
 3907  with this chapter and to otherwise perform the functions
 3908  assigned to it in this chapter. An independent testing
 3909  laboratory may shall not be owned or controlled by a licensee.
 3910  The use of an independent testing laboratory for any purpose
 3911  related to the conduct of slot machine gaming by a licensee
 3912  under this chapter must shall be made from a list of one or more
 3913  laboratories approved by the department division.
 3914         (d) Procedures relating to slot machine revenues, including
 3915  verifying and accounting for such revenues, auditing, and
 3916  collecting taxes and fees consistent with this chapter.
 3917         (e) Procedures for regulating, managing, and auditing the
 3918  operation, financial data, and program information relating to
 3919  slot machine gaming which that allow the department division and
 3920  the Department of Law Enforcement to audit the operation,
 3921  financial data, and program information of a slot machine
 3922  licensee, as required by the department division or the
 3923  Department of Law Enforcement, and provide the department
 3924  division and the Department of Law Enforcement with the ability
 3925  to monitor, at any time on a real-time basis, wagering patterns,
 3926  payouts, tax collection, and compliance with any rules adopted
 3927  by the department division for the regulation and control of
 3928  slot machines operated under this chapter. Such continuous and
 3929  complete access, at any time on a real-time basis, shall include
 3930  the ability of either the department division or the Department
 3931  of Law Enforcement to suspend play immediately on particular
 3932  slot machines if monitoring of the facilities-based computer
 3933  system indicates possible tampering or manipulation of those
 3934  slot machines or the ability to suspend play immediately of the
 3935  entire operation if the tampering or manipulation is of the
 3936  computer system itself. The department division shall notify the
 3937  Department of Law Enforcement or the Department of Law
 3938  Enforcement shall notify the division, as appropriate, whenever
 3939  there is a suspension of play under this paragraph. The
 3940  department division and the Department of Law Enforcement shall
 3941  exchange such information necessary for and cooperate in the
 3942  investigation of the circumstances requiring suspension of play
 3943  under this paragraph.
 3944         (f) Procedures for requiring each licensee at his or her
 3945  own cost and expense to supply the department division with a
 3946  bond having the penal sum of $2 million payable to the Governor
 3947  and his or her successors in office for each year of the
 3948  licensee’s slot machine operations. Any bond shall be issued by
 3949  a surety or sureties approved by the department division and the
 3950  Chief Financial Officer, conditioned to faithfully make the
 3951  payments to the Chief Financial Officer in his or her capacity
 3952  as treasurer of the department division. The licensee shall be
 3953  required to keep its books and records and make reports as
 3954  provided in this chapter and to conduct its slot machine
 3955  operations in conformity with this chapter and all other
 3956  provisions of law. Such bond shall be separate and distinct from
 3957  the bond required in s. 550.125.
 3958         (g) Procedures for requiring licensees to maintain
 3959  specified records and submit any data, information, record, or
 3960  report, including financial and income records, required by this
 3961  chapter or determined by the department division to be necessary
 3962  to the proper implementation and enforcement of this chapter.
 3963         (h) A requirement that the payout percentage of a slot
 3964  machine be no less than 85 percent.
 3965         (i) Minimum standards for security of the facilities,
 3966  including floor plans, security cameras, and other security
 3967  equipment.
 3968         (j) Procedures for requiring slot machine licensees to
 3969  implement and establish drug-testing programs for all slot
 3970  machine occupational licensees.
 3971         (2) The department division shall conduct such
 3972  investigations necessary to fulfill its responsibilities under
 3973  the provisions of this chapter.
 3974         (3) The Department of Law Enforcement and local law
 3975  enforcement agencies shall have concurrent jurisdiction to
 3976  investigate criminal violations of this chapter and may
 3977  investigate any other criminal violation of law occurring at the
 3978  facilities of a slot machine licensee, and such investigations
 3979  may be conducted in conjunction with the appropriate state
 3980  attorney.
 3981         (4)(a) The department division, the Department of Law
 3982  Enforcement, and local law enforcement agencies shall have
 3983  unrestricted access to the slot machine licensee’s facility at
 3984  all times and shall require of each slot machine licensee strict
 3985  compliance with the laws of this state relating to the
 3986  transaction of such business. The department division, the
 3987  Department of Law Enforcement, and local law enforcement
 3988  agencies may:
 3989         1. Inspect and examine premises where slot machines are
 3990  offered for play.
 3991         2. Inspect slot machines and related equipment and
 3992  supplies.
 3993         (b) In addition, the department division may:
 3994         1. Collect taxes, assessments, fees, and penalties.
 3995         2. Deny, revoke, suspend, or place conditions on the
 3996  license of a person who violates any provision of this chapter
 3997  or rule adopted pursuant thereto.
 3998         (5) The department division shall revoke or suspend the
 3999  license of any person who is no longer qualified or who is
 4000  found, after receiving a license, to have been unqualified at
 4001  the time of application for the license.
 4002         (6) This section does not:
 4003         (a) Prohibit the Department of Law Enforcement or any law
 4004  enforcement authority whose jurisdiction includes a licensed
 4005  facility from conducting investigations of criminal activities
 4006  occurring at the facility of the slot machine licensee;
 4007         (b) Restrict access to the slot machine licensee’s facility
 4008  by the Department of Law Enforcement or any local law
 4009  enforcement authority whose jurisdiction includes the slot
 4010  machine licensee’s facility; or
 4011         (c) Restrict access by the Department of Law Enforcement or
 4012  local law enforcement authorities to information and records
 4013  necessary to the investigation of criminal activity which that
 4014  are contained within the slot machine licensee’s facility.
 4015         Section 56. Section 551.104, Florida Statutes, is amended
 4016  to read:
 4017         551.104 License to conduct slot machine gaming.—
 4018         (1) Upon application and a finding by the department
 4019  division after investigation that the application is complete
 4020  and the applicant is qualified and payment of the initial
 4021  license fee, the department division may issue a license to
 4022  conduct slot machine gaming in the designated slot machine
 4023  gaming area of the eligible facility. Once licensed, slot
 4024  machine gaming may be conducted subject to the requirements of
 4025  this chapter and rules adopted pursuant thereto.
 4026         (2) An application may be approved by the department
 4027  division only after the voters of the county where the
 4028  applicant’s facility is located have authorized by referendum
 4029  slot machines within pari-mutuel facilities in that county as
 4030  specified in s. 23, Art. X of the State Constitution.
 4031         (3) A slot machine license may be issued only to a licensed
 4032  pari-mutuel permitholder, and slot machine gaming may be
 4033  conducted only at the eligible facility at which the
 4034  permitholder is authorized under its valid pari-mutuel wagering
 4035  permit to conduct pari-mutuel wagering activities.
 4036         (4) As a condition of licensure and to maintain continued
 4037  authority for the conduct of slot machine gaming, the slot
 4038  machine licensee shall:
 4039         (a) Continue to be in compliance with this chapter.
 4040         (b) Continue to be in compliance with chapter 550, where
 4041  applicable, and maintain the pari-mutuel permit and license in
 4042  good standing pursuant to the provisions of chapter 550.
 4043  Notwithstanding any contrary provision of law and in order to
 4044  expedite the operation of slot machines at eligible facilities,
 4045  any eligible facility shall be entitled within 60 days after the
 4046  effective date of this act to amend its 2006-2007 pari-mutuel
 4047  wagering operating license issued by the division under ss.
 4048  550.0115 and 550.01215. The division shall issue a new license
 4049  to the eligible facility to effectuate any approved change.
 4050         (c) Conduct no fewer than a full schedule of live racing or
 4051  games as defined in s. 550.002(10)(11). A permitholder’s
 4052  responsibility to conduct such number of live races or games
 4053  shall be reduced by the number of races or games that could not
 4054  be conducted due to the direct result of fire, war, hurricane,
 4055  or other disaster or event beyond the control of the
 4056  permitholder.
 4057         (d) Upon approval of any changes relating to the pari
 4058  mutuel permit by the department division, be responsible for
 4059  providing appropriate current and accurate documentation on a
 4060  timely basis to the department division in order to continue the
 4061  slot machine license in good standing. Changes in ownership or
 4062  interest of a slot machine license of 5 percent or more of the
 4063  stock or other evidence of ownership or equity in the slot
 4064  machine license or any parent corporation or other business
 4065  entity that in any way owns or controls the slot machine license
 4066  shall be approved by the department division prior to such
 4067  change, unless the owner is an existing holder of that license
 4068  who was previously approved by the department division. Changes
 4069  in ownership or interest of a slot machine license of less than
 4070  5 percent, unless such change results in a cumulative total of 5
 4071  percent or more, shall be reported to the department division
 4072  within 20 days after the change. The department division may
 4073  then conduct an investigation to ensure that the license is
 4074  properly updated to show the change in ownership or interest. No
 4075  reporting is required if the person is holding 5 percent or less
 4076  equity or securities of a corporate owner of the slot machine
 4077  licensee that has its securities registered pursuant to s. 12 of
 4078  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and
 4079  if such corporation or entity files with the United States
 4080  Securities and Exchange Commission the reports required by s. 13
 4081  of that act or if the securities of the corporation or entity
 4082  are regularly traded on an established securities market in the
 4083  United States. A change in ownership or interest of less than 5
 4084  percent which results in a cumulative ownership or interest of 5
 4085  percent or more must shall be approved by the department before
 4086  division prior to such change unless the owner is an existing
 4087  holder of the license who was previously approved by the
 4088  department division.
 4089         (e) Allow the department division and the Department of Law
 4090  Enforcement unrestricted access to and right of inspection of
 4091  facilities of a slot machine licensee in which any activity
 4092  relative to the conduct of slot machine gaming is conducted.
 4093         (f) Ensure that the facilities-based computer system that
 4094  the licensee will use for operational and accounting functions
 4095  of the slot machine facility is specifically structured to
 4096  facilitate regulatory oversight. The facilities-based computer
 4097  system shall be designed to provide the department division and
 4098  the Department of Law Enforcement with the ability to monitor,
 4099  at any time on a real-time basis, the wagering patterns,
 4100  payouts, tax collection, and such other operations as necessary
 4101  to determine whether the facility is in compliance with
 4102  statutory provisions and rules adopted by the department
 4103  division for the regulation and control of slot machine gaming.
 4104  The department division and the Department of Law Enforcement
 4105  shall have complete and continuous access to this system. Such
 4106  access shall include the ability of either the department
 4107  division or the Department of Law Enforcement to suspend play
 4108  immediately on particular slot machines if monitoring of the
 4109  system indicates possible tampering or manipulation of those
 4110  slot machines or the ability to suspend play immediately of the
 4111  entire operation if the tampering or manipulation is of the
 4112  computer system itself. The computer system shall be reviewed
 4113  and approved by the department division to ensure necessary
 4114  access, security, and functionality. The department division may
 4115  adopt rules to provide for the approval process.
 4116         (g) Ensure that each slot machine is protected from
 4117  manipulation or tampering to affect the random probabilities of
 4118  winning plays. The department division or the Department of Law
 4119  Enforcement may shall have the authority to suspend play upon
 4120  reasonable suspicion of any manipulation or tampering. When play
 4121  has been suspended on any slot machine, the department division
 4122  or the Department of Law Enforcement may examine any slot
 4123  machine to determine whether the machine has been tampered with
 4124  or manipulated and whether the machine should be returned to
 4125  operation.
 4126         (h) Submit a security plan, including the facilities’ floor
 4127  plan, the locations of security cameras, and a listing of all
 4128  security equipment that is capable of observing and
 4129  electronically recording activities being conducted in the
 4130  facilities of the slot machine licensee. The security plan must
 4131  meet the minimum security requirements as determined by the
 4132  department division under s. 551.103(1)(i) and be implemented
 4133  prior to operation of slot machine gaming. The slot machine
 4134  licensee’s facilities must adhere to the security plan at all
 4135  times. Any changes to the security plan must be submitted by the
 4136  licensee to the department before division prior to
 4137  implementation. The department division shall furnish copies of
 4138  the security plan and changes in the plan to the Department of
 4139  Law Enforcement.
 4140         (i) Create and file with the department division a written
 4141  policy for:
 4142         1. Creating opportunities to purchase from vendors in this
 4143  state, including minority vendors.
 4144         2. Creating opportunities for employment of residents of
 4145  this state, including minority residents.
 4146         3. Ensuring opportunities for construction services from
 4147  minority contractors.
 4148         4. Ensuring that opportunities for employment are offered
 4149  on an equal, nondiscriminatory basis.
 4150         5. Training for employees on responsible gaming and working
 4151  with a compulsive or addictive gambling prevention program to
 4152  further its purposes as provided for in s. 551.118.
 4153         6. The implementation of a drug-testing program that
 4154  includes, but is not limited to, requiring each employee to sign
 4155  an agreement that he or she understands that the slot machine
 4156  facility is a drug-free workplace.
 4157  
 4158  The slot machine licensee shall use the Internet-based job
 4159  listing system of the Agency for Workforce Innovation in
 4160  advertising employment opportunities. Beginning in June 2007,
 4161  Each slot machine licensee shall provide an annual report to the
 4162  department division containing information indicating compliance
 4163  with this paragraph in regard to minority persons.
 4164         (j) Ensure that the payout percentage of a slot machine
 4165  gaming facility is at least 85 percent.
 4166         (5) A slot machine license is not transferable.
 4167         (6) A slot machine licensee shall keep and maintain
 4168  permanent daily records of its slot machine operation and shall
 4169  maintain such records for a period of not less than 5 years.
 4170  These records must include all financial transactions and
 4171  contain sufficient detail to determine compliance with the
 4172  requirements of this chapter. All records shall be available for
 4173  audit and inspection by the department division, the Department
 4174  of Law Enforcement, or other law enforcement agencies during the
 4175  licensee’s regular business hours.
 4176         (7) A slot machine licensee shall file with the department
 4177  division a monthly report containing the required records of
 4178  such slot machine operation. The required reports shall be
 4179  submitted on forms prescribed by the department division and
 4180  shall be due at the same time as the monthly pari-mutuel reports
 4181  are due to the department division, and the reports shall be
 4182  deemed public records once filed.
 4183         (8) A slot machine licensee shall file with the department
 4184  division an audit of the receipt and distribution of all slot
 4185  machine revenues provided by an independent certified public
 4186  accountant verifying compliance with all financial and auditing
 4187  provisions of this chapter and the associated rules adopted
 4188  under this chapter. The audit must include verification of
 4189  compliance with all statutes and rules regarding all required
 4190  records of slot machine operations. Such audit shall be filed
 4191  within 60 days after the completion of the permitholder’s pari
 4192  mutuel meet.
 4193         (9) The department division may share any information with
 4194  the Department of Law Enforcement, any other law enforcement
 4195  agency having jurisdiction over slot machine gaming or pari
 4196  mutuel activities, or any other state or federal law enforcement
 4197  agency the department division or the Department of Law
 4198  Enforcement deems appropriate. Any law enforcement agency having
 4199  jurisdiction over slot machine gaming or pari-mutuel activities
 4200  may share any information obtained or developed by it with the
 4201  department division.
 4202         (10)(a)1. No slot machine license or renewal thereof shall
 4203  be issued to an applicant holding a permit under chapter 550 to
 4204  conduct pari-mutuel wagering meets of thoroughbred racing unless
 4205  the applicant has on file with the department division a binding
 4206  written agreement between the applicant and the Florida
 4207  Horsemen’s Benevolent and Protective Association, Inc.,
 4208  governing the payment of purses on live thoroughbred races
 4209  conducted at the licensee’s pari-mutuel facility. In addition,
 4210  no slot machine license or renewal thereof shall be issued to
 4211  such an applicant unless the applicant has on file with the
 4212  department division a binding written agreement between the
 4213  applicant and the Florida Thoroughbred Breeders’ Association,
 4214  Inc., governing the payment of breeders’, stallion, and special
 4215  racing awards on live thoroughbred races conducted at the
 4216  licensee’s pari-mutuel facility. The agreement governing purses
 4217  and the agreement governing awards may direct the payment of
 4218  such purses and awards from revenues generated by any wagering
 4219  or gaming the applicant is authorized to conduct under Florida
 4220  law. All purses and awards shall be subject to the terms of
 4221  chapter 550. All sums for breeders’, stallion, and special
 4222  racing awards shall be remitted monthly to the Florida
 4223  Thoroughbred Breeders’ Association, Inc., for the payment of
 4224  awards subject to the administrative fee authorized in s.
 4225  550.2625(3).
 4226         2. No slot machine license or renewal thereof shall be
 4227  issued to an applicant holding a permit under chapter 550 to
 4228  conduct pari-mutuel wagering meets of quarter horse racing
 4229  unless the applicant has on file with the department division a
 4230  binding written agreement between the applicant and the Florida
 4231  Quarter Horse Racing Association or the association representing
 4232  a majority of the horse owners and trainers at the applicant’s
 4233  eligible facility, governing the payment of purses on live
 4234  quarter horse races conducted at the licensee’s pari-mutuel
 4235  facility. The agreement governing purses may direct the payment
 4236  of such purses from revenues generated by any wagering or gaming
 4237  the applicant is authorized to conduct under Florida law. All
 4238  purses are shall be subject to the terms of chapter 550.
 4239         (b) The department division shall suspend a slot machine
 4240  license if one or more of the agreements required under
 4241  paragraph (a) are terminated or otherwise cease to operate or if
 4242  the department division determines that the licensee is
 4243  materially failing to comply with the terms of such an
 4244  agreement. Any such suspension shall take place in accordance
 4245  with chapter 120.
 4246         (c)1. If an agreement required under paragraph (a) cannot
 4247  be reached before prior to the initial issuance of the slot
 4248  machine license, either party may request arbitration or, in the
 4249  case of a renewal, if an agreement required under paragraph (a)
 4250  is not in place 120 days prior to the scheduled expiration date
 4251  of the slot machine license, the applicant shall immediately ask
 4252  the American Arbitration Association to furnish a list of 11
 4253  arbitrators, each of whom shall have at least 5 years of
 4254  commercial arbitration experience and no financial interest in
 4255  or prior relationship with any of the parties or their
 4256  affiliated or related entities or principals. Each required
 4257  party to the agreement shall select a single arbitrator from the
 4258  list provided by the American Arbitration Association within 10
 4259  days of receipt, and the individuals so selected shall choose
 4260  one additional arbitrator from the list within the next 10 days.
 4261         2. If an agreement required under paragraph (a) is not in
 4262  place 60 days after the request under subparagraph 1. in the
 4263  case of an initial slot machine license or, in the case of a
 4264  renewal, 60 days before prior to the scheduled expiration date
 4265  of the slot machine license, the matter shall be immediately
 4266  submitted to mandatory binding arbitration to resolve the
 4267  disagreement between the parties. The three arbitrators selected
 4268  pursuant to subparagraph 1. shall constitute the panel that
 4269  shall arbitrate the dispute between the parties pursuant to the
 4270  American Arbitration Association Commercial Arbitration Rules
 4271  and chapter 682.
 4272         3. At the conclusion of the proceedings, which shall be no
 4273  later than 90 days after the request under subparagraph 1. in
 4274  the case of an initial slot machine license or, in the case of a
 4275  renewal, 30 days before prior to the scheduled expiration date
 4276  of the slot machine license, the arbitration panel shall present
 4277  to the parties a proposed agreement that the majority of the
 4278  panel believes equitably balances the rights, interests,
 4279  obligations, and reasonable expectations of the parties. The
 4280  parties shall immediately enter into such agreement, which shall
 4281  satisfy the requirements of paragraph (a) and permit issuance of
 4282  the pending annual slot machine license or renewal. The
 4283  agreement produced by the arbitration panel under this
 4284  subparagraph shall be effective until the last day of the
 4285  license or renewal period or until the parties enter into a
 4286  different agreement. Each party shall pay its respective costs
 4287  of arbitration and shall pay one-half of the costs of the
 4288  arbitration panel, unless the parties otherwise agree. If the
 4289  agreement produced by the arbitration panel under this
 4290  subparagraph remains in place 120 days prior to the scheduled
 4291  issuance of the next annual license renewal, then the
 4292  arbitration process established in this paragraph will begin
 4293  again.
 4294         4. If In the event that neither of the agreements required
 4295  under subparagraph (a)1. or the agreement required under
 4296  subparagraph (a)2. are not in place by the deadlines established
 4297  in this paragraph, arbitration regarding each agreement shall
 4298  will proceed independently, with separate lists of arbitrators,
 4299  arbitration panels, arbitration proceedings, and resulting
 4300  agreements.
 4301         5. With respect to the agreements required under paragraph
 4302  (a) governing the payment of purses, the arbitration and
 4303  resulting agreement called for under this paragraph shall be
 4304  limited to the payment of purses from slot machine revenues
 4305  only.
 4306         (d) If any provision of this subsection or its application
 4307  to any person or circumstance is held invalid, the invalidity
 4308  does not affect other provisions or applications of this
 4309  subsection or chapter which can be given effect without the
 4310  invalid provision or application, and to this end the provisions
 4311  of this subsection are severable.
 4312         Section 57. Section 551.1045, Florida Statutes, is amended
 4313  to read:
 4314         551.1045 Temporary licenses.—
 4315         (1) Notwithstanding any provision of s. 120.60 to the
 4316  contrary, the department division may issue a temporary
 4317  occupational license upon the receipt of a complete application
 4318  from the applicant and a determination that the applicant has
 4319  not been convicted of or had adjudication withheld on any
 4320  disqualifying criminal offense. The temporary occupational
 4321  license remains valid until such time as the department division
 4322  grants an occupational license or notifies the applicant of its
 4323  intended decision to deny the applicant a license pursuant to
 4324  the provisions of s. 120.60. The department division shall adopt
 4325  rules to administer this subsection. However, not more than one
 4326  temporary license may be issued for any person in any year.
 4327         (2) A temporary license issued under this section is
 4328  nontransferable.
 4329         Section 58. Subsection (3) of section 551.105, Florida
 4330  Statutes, is amended to read:
 4331         551.105 Slot machine license renewal.—
 4332         (3) Upon determination by the department division that the
 4333  application for renewal is complete and qualifications have been
 4334  met, including payment of the renewal fee, the slot machine
 4335  license shall be renewed annually.
 4336         Section 59. Section 551.106, Florida Statutes, is amended
 4337  to read:
 4338         551.106 License fee; tax rate; penalties.—
 4339         (1) LICENSE FEE.—
 4340         (a) Upon submission of the initial application for a slot
 4341  machine license and annually thereafter, on the anniversary date
 4342  of the issuance of the initial license, the licensee must pay to
 4343  the department division a nonrefundable license fee of $3
 4344  million for the succeeding 12 months of licensure. In the 2010
 4345  2011 fiscal year, the licensee must pay the department division
 4346  a nonrefundable license fee of $2.5 million for the succeeding
 4347  12 months of licensure. In the 2011-2012 fiscal year and for
 4348  every fiscal year thereafter, the licensee must pay the
 4349  department division a nonrefundable license fee of $2 million
 4350  for the succeeding 12 months of licensure. The license fee shall
 4351  be deposited into the Pari-mutuel Wagering Trust Fund of the
 4352  Department of Business and Professional Regulation to be used by
 4353  the department division and the Department of Law Enforcement
 4354  for investigations, regulation of slot machine gaming, and
 4355  enforcement of slot machine gaming provisions under this
 4356  chapter. These payments shall be accounted for separately from
 4357  taxes or fees paid pursuant to the provisions of chapter 550.
 4358         (b) Prior to January 1, 2007, the division shall evaluate
 4359  the license fee and shall make recommendations to the President
 4360  of the Senate and the Speaker of the House of Representatives
 4361  regarding the optimum level of slot machine license fees in
 4362  order to adequately support the slot machine regulatory program.
 4363         (2) TAX ON SLOT MACHINE REVENUES.—
 4364         (a) The tax rate on slot machine revenues at each facility
 4365  shall be 35 percent. If, during any state fiscal year, the
 4366  aggregate amount of tax paid to the state by all slot machine
 4367  licensees in Broward and Miami-Dade Counties is less than the
 4368  aggregate amount of tax paid to the state by all slot machine
 4369  licensees in the 2008-2009 fiscal year, each slot machine
 4370  licensee shall pay to the state within 45 days after the end of
 4371  the state fiscal year a surcharge equal to its pro rata share of
 4372  an amount equal to the difference between the aggregate amount
 4373  of tax paid to the state by all slot machine licensees in the
 4374  2008-2009 fiscal year and the amount of tax paid during the
 4375  fiscal year. Each licensee’s pro rata share shall be an amount
 4376  determined by dividing the number 1 by the number of facilities
 4377  licensed to operate slot machines during the applicable fiscal
 4378  year, regardless of whether the facility is operating such
 4379  machines.
 4380         (b) The slot machine revenue tax imposed by this section
 4381  shall be paid to the department division for deposit into the
 4382  Pari-mutuel Wagering Trust Fund for immediate transfer by the
 4383  Chief Financial Officer for deposit into the Educational
 4384  Enhancement Trust Fund of the Department of Education. Any
 4385  interest earnings on the tax revenues shall also be transferred
 4386  to the Educational Enhancement Trust Fund.
 4387         (c)1. Funds transferred to the Educational Enhancement
 4388  Trust Fund under paragraph (b) shall be used to supplement
 4389  public education funding statewide.
 4390         2. If necessary to comply with any covenant established
 4391  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 4392  funds transferred to the Educational Enhancement Trust Fund
 4393  under paragraph (b) shall first be available to pay debt service
 4394  on lottery bonds issued to fund school construction in the event
 4395  lottery revenues are insufficient for such purpose or to satisfy
 4396  debt service reserve requirements established in connection with
 4397  lottery bonds. Moneys available pursuant to this subparagraph
 4398  are subject to annual appropriation by the Legislature.
 4399         (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
 4400  on slot machine revenues imposed by this section shall be paid
 4401  to the department division. The department division shall
 4402  deposit these sums with the Chief Financial Officer, to the
 4403  credit of the Pari-mutuel Wagering Trust Fund. The slot machine
 4404  licensee shall remit to the department division payment for the
 4405  tax on slot machine revenues. Such payments shall be remitted by
 4406  3 p.m. Wednesday of each week for taxes imposed and collected
 4407  for the preceding week ending on Sunday. Beginning on July 1,
 4408  2012, the slot machine licensee shall remit to the department
 4409  division payment for the tax on slot machine revenues by 3 p.m.
 4410  on the 5th day of each calendar month for taxes imposed and
 4411  collected for the preceding calendar month. If the 5th day of
 4412  the calendar month falls on a weekend, payments shall be
 4413  remitted by 3 p.m. the first Monday following the weekend. The
 4414  slot machine licensee shall file a report under oath by the 5th
 4415  day of each calendar month for all taxes remitted during the
 4416  preceding calendar month. Such payments shall be accompanied by
 4417  a report under oath showing all slot machine gaming activities
 4418  for the preceding calendar month and such other information as
 4419  may be prescribed by the department division.
 4420         (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 4421  fails to make tax payments as required under this section is
 4422  subject to an administrative penalty of up to $10,000 for each
 4423  day the tax payment is not remitted. All administrative
 4424  penalties imposed and collected shall be deposited into the
 4425  Pari-mutuel Wagering Trust Fund of the Department of Business
 4426  and Professional Regulation. If any slot machine licensee fails
 4427  to pay penalties imposed by order of the department division
 4428  under this subsection, the department division may suspend,
 4429  revoke, or refuse to renew the license of the slot machine
 4430  licensee.
 4431         (5) SUBMISSION OF FUNDS.—The department division may
 4432  require slot machine licensees to remit taxes, fees, fines, and
 4433  assessments by electronic funds transfer.
 4434         Section 60. Section 551.107, Florida Statutes, is amended
 4435  to read:
 4436         551.107 Slot machine occupational license; findings;
 4437  application; fee.—
 4438         (1) The Legislature finds that individuals and entities
 4439  that are licensed under this section require heightened state
 4440  scrutiny, including the submission by the individual licensees
 4441  or persons associated with the entities described in this
 4442  chapter of fingerprints for a criminal history record check.
 4443         (2)(a) The following slot machine occupational licenses
 4444  shall be issued to persons or entities that, by virtue of the
 4445  positions they hold, might be granted access to slot machine
 4446  gaming areas or to any other person or entity in one of the
 4447  following categories:
 4448         1. General occupational licenses for general employees,
 4449  including food service, maintenance, and other similar service
 4450  and support employees having access to the slot machine gaming
 4451  area.
 4452         2. Professional occupational licenses for any person,
 4453  proprietorship, partnership, corporation, or other entity that
 4454  is authorized by a slot machine licensee to manage, oversee, or
 4455  otherwise control daily operations as a slot machine manager, a
 4456  floor supervisor, security personnel, or any other similar
 4457  position of oversight of gaming operations, or any person who is
 4458  not an employee of the slot machine licensee and who provides
 4459  maintenance, repair, or upgrades or otherwise services a slot
 4460  machine or other slot machine equipment.
 4461         3. Business occupational licenses for any slot machine
 4462  management company or company associated with slot machine
 4463  gaming, any person who manufactures, distributes, or sells slot
 4464  machines, slot machine paraphernalia, or other associated
 4465  equipment to slot machine licensees, or any company that sells
 4466  or provides goods or services associated with slot machine
 4467  gaming to slot machine licensees.
 4468         (b) The department division may issue one license to
 4469  combine licenses under this section with pari-mutuel
 4470  occupational licenses and cardroom licenses pursuant to s.
 4471  550.105(2)(b). The department division shall adopt rules
 4472  pertaining to occupational licenses under this subsection. Such
 4473  rules may specify, but need not be limited to, requirements and
 4474  restrictions for licensed occupations and categories, procedures
 4475  to apply for any license or combination of licenses,
 4476  disqualifying criminal offenses for a licensed occupation or
 4477  categories of occupations, and which types of occupational
 4478  licenses may be combined into a single license under this
 4479  section. The fingerprinting requirements of subsection (7) apply
 4480  to any combination license that includes slot machine license
 4481  privileges under this section. The department division may not
 4482  adopt a rule allowing the issuance of an occupational license to
 4483  any person who does not meet the minimum background
 4484  qualifications under this section.
 4485         (c) Slot machine occupational licenses are not
 4486  transferable.
 4487         (3) A slot machine licensee may not employ or otherwise
 4488  allow a person to work at a licensed facility unless such person
 4489  holds the appropriate valid occupational license. A slot machine
 4490  licensee may not contract or otherwise do business with a
 4491  business required to hold a slot machine occupational license
 4492  unless the business holds such a license. A slot machine
 4493  licensee may not employ or otherwise allow a person to work in a
 4494  supervisory or management professional level at a licensed
 4495  facility unless such person holds a valid slot machine
 4496  occupational license. All slot machine occupational licensees,
 4497  while present in slot machine gaming areas, shall display on
 4498  their persons their occupational license identification cards.
 4499         (4)(a) A person seeking a slot machine occupational license
 4500  or renewal thereof shall make application on forms prescribed by
 4501  the department division and include payment of the appropriate
 4502  application fee. Initial and renewal applications for slot
 4503  machine occupational licenses must contain all information that
 4504  the department division, by rule, determines is required to
 4505  ensure eligibility.
 4506         (b) A slot machine license or combination license is valid
 4507  for the same term as a pari-mutuel occupational license issued
 4508  pursuant to s. 550.105(1).
 4509         (c) Pursuant to rules adopted by the department division,
 4510  any person may apply for and, if qualified, be issued a slot
 4511  machine occupational license valid for a period of 3 years upon
 4512  payment of the full occupational license fee for each of the 3
 4513  years for which the license is issued. The slot machine
 4514  occupational license is valid during its specified term at any
 4515  licensed facility where slot machine gaming is authorized to be
 4516  conducted.
 4517         (d) The slot machine occupational license fee for initial
 4518  application and annual renewal shall be determined by rule of
 4519  the department division but may not exceed $50 for a general or
 4520  professional occupational license for an employee of the slot
 4521  machine licensee or $1,000 for a business occupational license
 4522  for nonemployees of the licensee providing goods or services to
 4523  the slot machine licensee. License fees for general occupational
 4524  licensees shall be paid by the slot machine licensee. Failure to
 4525  pay the required fee constitutes grounds for disciplinary action
 4526  by the department division against the slot machine licensee,
 4527  but it is not a violation of this chapter or rules of the
 4528  department division by the general occupational licensee and
 4529  does not prohibit the initial issuance or the renewal of the
 4530  general occupational license.
 4531         (5) The department division may:
 4532         (a) Deny an application for, or revoke, suspend, or place
 4533  conditions or restrictions on, a license of a person or entity
 4534  that has been refused a license by any other state gaming
 4535  commission, governmental department, agency, or other authority
 4536  exercising regulatory jurisdiction over the gaming of another
 4537  state or jurisdiction; or
 4538         (b) Deny an application for, or suspend or place conditions
 4539  on, a license of any person or entity that is under suspension
 4540  or has unpaid fines in another state or jurisdiction.
 4541         (6)(a) The department division may deny, suspend, revoke,
 4542  or refuse to renew any slot machine occupational license if the
 4543  applicant for such license or the licensee has violated the
 4544  provisions of this chapter or the rules of the department
 4545  division governing the conduct of persons connected with slot
 4546  machine gaming. In addition, the department division may deny,
 4547  suspend, revoke, or refuse to renew any slot machine
 4548  occupational license if the applicant for such license or the
 4549  licensee has been convicted in this state, in any other state,
 4550  or under the laws of the United States of a capital felony, a
 4551  felony, or an offense in any other state which that would be a
 4552  felony under the laws of this state involving arson; trafficking
 4553  in, conspiracy to traffic in, smuggling, importing, conspiracy
 4554  to smuggle or import, or delivery, sale, or distribution of a
 4555  controlled substance; racketeering; or a crime involving a lack
 4556  of good moral character, or has had a gaming license revoked by
 4557  this state or any other jurisdiction for any gaming-related
 4558  offense.
 4559         (b) The department division may deny, revoke, or refuse to
 4560  renew any slot machine occupational license if the applicant for
 4561  such license or the licensee has been convicted of a felony or
 4562  misdemeanor in this state, in any other state, or under the laws
 4563  of the United States if such felony or misdemeanor is related to
 4564  gambling or bookmaking as described in s. 849.25.
 4565         (c) For purposes of this subsection, the term “convicted”
 4566  means having been found guilty, with or without adjudication of
 4567  guilt, as a result of a jury verdict, nonjury trial, or entry of
 4568  a plea of guilty or nolo contendere.
 4569         (7) Fingerprints for all slot machine occupational license
 4570  applications shall be taken in a manner approved by the
 4571  department division and shall be submitted electronically to the
 4572  Department of Law Enforcement for state processing and the
 4573  Federal Bureau of Investigation for national processing for a
 4574  criminal history record check. All persons as specified in s.
 4575  550.1815(1)(a) employed by or working within a licensed premises
 4576  shall submit fingerprints for a criminal history record check
 4577  and may not have been convicted of any disqualifying criminal
 4578  offenses specified in subsection (6). Department Division
 4579  employees and law enforcement officers assigned by their
 4580  employing agencies to work within the premises as part of their
 4581  official duties are excluded from the criminal history record
 4582  check requirements under this subsection. For purposes of this
 4583  subsection, the term “convicted” means having been found guilty,
 4584  with or without adjudication of guilt, as a result of a jury
 4585  verdict, nonjury trial, or entry of a plea of guilty or nolo
 4586  contendere.
 4587         (a) Fingerprints shall be taken in a manner approved by the
 4588  department division upon initial application, or as required
 4589  thereafter by rule of the department division, and shall be
 4590  submitted electronically to the Department of Law Enforcement
 4591  for state processing. The Department of Law Enforcement shall
 4592  forward the fingerprints to the Federal Bureau of Investigation
 4593  for national processing. The results of the criminal history
 4594  record check shall be returned to the department division for
 4595  purposes of screening. Licensees shall provide necessary
 4596  equipment approved by the Department of Law Enforcement to
 4597  facilitate such electronic submission. The department division
 4598  requirements under this subsection shall be instituted in
 4599  consultation with the Department of Law Enforcement.
 4600         (b) The cost of processing fingerprints and conducting a
 4601  criminal history record check for a general occupational license
 4602  shall be borne by the slot machine licensee. The cost of
 4603  processing fingerprints and conducting a criminal history record
 4604  check for a business or professional occupational license shall
 4605  be borne by the person being checked. The Department of Law
 4606  Enforcement may submit an invoice to the department division for
 4607  the cost of fingerprints submitted each month.
 4608         (c) All fingerprints submitted to the Department of Law
 4609  Enforcement and required by this section shall be retained by
 4610  the Department of Law Enforcement and entered into the statewide
 4611  automated fingerprint identification system as authorized by s.
 4612  943.05(2)(b) and shall be available for all purposes and uses
 4613  authorized for arrest fingerprint cards entered into the
 4614  statewide automated fingerprint identification system pursuant
 4615  to s. 943.051.
 4616         (d) The Department of Law Enforcement shall search all
 4617  arrest fingerprints received pursuant to s. 943.051 against the
 4618  fingerprints retained in the statewide automated fingerprint
 4619  identification system under paragraph (c). Any arrest record
 4620  that is identified with the retained fingerprints of a person
 4621  subject to the criminal history screening requirements of this
 4622  section shall be reported to the department division. Each
 4623  licensed facility shall pay a fee to the department division for
 4624  the cost of retention of the fingerprints and the ongoing
 4625  searches under this paragraph. The department division shall
 4626  forward the payment to the Department of Law Enforcement. The
 4627  amount of the fee to be imposed for performing these searches
 4628  and the procedures for the retention of licensee fingerprints
 4629  shall be as established by rule of the Department of Law
 4630  Enforcement. The department division shall inform the Department
 4631  of Law Enforcement of any change in the license status of
 4632  licensees whose fingerprints are retained under paragraph (c).
 4633         (e) The department division shall request the Department of
 4634  Law Enforcement to forward the fingerprints to the Federal
 4635  Bureau of Investigation for a national criminal history records
 4636  check every 3 years following issuance of a license. If the
 4637  fingerprints of a person who is licensed have not been retained
 4638  by the Department of Law Enforcement, the person must file a
 4639  complete set of fingerprints as provided for in paragraph (a).
 4640  The department division shall collect the fees for the cost of
 4641  the national criminal history record check under this paragraph
 4642  and shall forward the payment to the Department of Law
 4643  Enforcement. The cost of processing fingerprints and conducting
 4644  a criminal history record check under this paragraph for a
 4645  general occupational license shall be borne by the slot machine
 4646  licensee. The cost of processing fingerprints and conducting a
 4647  criminal history record check under this paragraph for a
 4648  business or professional occupational license shall be borne by
 4649  the person being checked. The Department of Law Enforcement may
 4650  submit an invoice to the department division for the cost of
 4651  fingerprints submitted each month. Under penalty of perjury,
 4652  each person who is licensed or who is fingerprinted as required
 4653  by this section must agree to inform the department division
 4654  within 48 hours if he or she is convicted of or has entered a
 4655  plea of guilty or nolo contendere to any disqualifying offense,
 4656  regardless of adjudication.
 4657         (8) All moneys collected pursuant to this section shall be
 4658  deposited into the Pari-mutuel Wagering Trust Fund.
 4659         (9) The department division may deny, revoke, or suspend
 4660  any occupational license if the applicant or holder of the
 4661  license accumulates unpaid obligations, defaults in obligations,
 4662  or issues drafts or checks that are dishonored or for which
 4663  payment is refused without reasonable cause.
 4664         (10) The department division may fine or suspend, revoke,
 4665  or place conditions upon the license of any licensee who
 4666  provides false information under oath regarding an application
 4667  for a license or an investigation by the department division.
 4668         (11) The department division may impose a civil fine of up
 4669  to $5,000 for each violation of this chapter or the rules of the
 4670  department division in addition to or in lieu of any other
 4671  penalty provided for in this section. The department division
 4672  may adopt a penalty schedule for violations of this chapter or
 4673  any rule adopted pursuant to this chapter for which it would
 4674  impose a fine in lieu of a suspension and adopt rules allowing
 4675  for the issuance of citations, including procedures to address
 4676  such citations, to persons who violate such rules. In addition
 4677  to any other penalty provided by law, the department division
 4678  may exclude from all licensed slot machine facilities in this
 4679  state, for a period not to exceed the period of suspension,
 4680  revocation, or ineligibility, any person whose occupational
 4681  license application has been declared ineligible to hold an
 4682  occupational license or whose occupational license has been
 4683  suspended or revoked by the department division.
 4684         Section 61. Section 551.108, Florida Statutes, is amended
 4685  to read:
 4686         551.108 Prohibited relationships.—
 4687         (1) A person employed by or performing any function on
 4688  behalf of the department division may not:
 4689         (a) Be an officer, director, owner, or employee of any
 4690  person or entity licensed by the department division.
 4691         (b) Have or hold any interest, direct or indirect, in or
 4692  engage in any commerce or business relationship with any person
 4693  licensed by the department division.
 4694         (2) A manufacturer or distributor of slot machines may not
 4695  enter into any contract with a slot machine licensee which that
 4696  provides for any revenue sharing of any kind or nature or which
 4697  that is directly or indirectly calculated on the basis of a
 4698  percentage of slot machine revenues. Any maneuver, shift, or
 4699  device whereby this subsection is violated is a violation of
 4700  this chapter and renders any such agreement void.
 4701         (3) A manufacturer or distributor of slot machines or any
 4702  equipment necessary for the operation of slot machines or an
 4703  officer, director, or employee of any such manufacturer or
 4704  distributor may not have any ownership or financial interest in
 4705  a slot machine license or in any business owned by the slot
 4706  machine licensee.
 4707         (4) An employee of the department division or relative
 4708  living in the same household as such employee of the department
 4709  division may not wager at any time on a slot machine located at
 4710  a facility licensed by the department division.
 4711         (5) An occupational licensee or relative living in the same
 4712  household as such occupational licensee may not wager at any
 4713  time on a slot machine located at a facility where that person
 4714  is employed.
 4715         Section 62. Subsections (2) and (7) of section 551.109,
 4716  Florida Statutes, are amended to read:
 4717         551.109 Prohibited acts; penalties.—
 4718         (2) Except as otherwise provided by law and in addition to
 4719  any other penalty, any person who possesses a slot machine
 4720  without the license required by this chapter or who possesses a
 4721  slot machine at any location other than at the slot machine
 4722  licensee’s facility is subject to an administrative fine or
 4723  civil penalty of up to $10,000 per machine. The prohibition in
 4724  this subsection does not apply to:
 4725         (a) Slot machine manufacturers or slot machine distributors
 4726  that hold appropriate licenses issued by the department division
 4727  who are authorized to maintain a slot machine storage and
 4728  maintenance facility at any location in a county in which slot
 4729  machine gaming is authorized by this chapter. The department
 4730  division may adopt rules regarding security and access to the
 4731  storage facility and inspections by the department division.
 4732         (b) Certified educational facilities that are authorized to
 4733  maintain slot machines for the sole purpose of education and
 4734  licensure, if any, of slot machine technicians, inspectors, or
 4735  investigators. The department division and the Department of Law
 4736  Enforcement may possess slot machines for training and testing
 4737  purposes. The department division may adopt rules regarding the
 4738  regulation of any such slot machines used for educational,
 4739  training, or testing purposes.
 4740         (7) All penalties imposed and collected under this section
 4741  must be deposited into the Pari-mutuel Wagering Trust Fund of
 4742  the Department of Business and Professional Regulation.
 4743         Section 63. Section 551.112, Florida Statutes, is amended
 4744  to read:
 4745         551.112 Exclusions of certain persons.—In addition to the
 4746  power to exclude certain persons from any facility of a slot
 4747  machine licensee in this state, the department division may
 4748  exclude any person from any facility of a slot machine licensee
 4749  in this state for conduct that would constitute, if the person
 4750  were a licensee, a violation of this chapter or the rules of the
 4751  department division. The department division may exclude from
 4752  any facility of a slot machine licensee any person who has been
 4753  ejected from a facility of a slot machine licensee in this state
 4754  or who has been excluded from any facility of a slot machine
 4755  licensee or gaming facility in another state by the governmental
 4756  department, agency, commission, or authority exercising
 4757  regulatory jurisdiction over the gaming in such other state.
 4758  This section does not abrogate the common law right of a slot
 4759  machine licensee to exclude a patron absolutely in this state.
 4760         Section 64. Subsections (3) and (5) of section 551.114,
 4761  Florida Statutes, are amended to read:
 4762         551.114 Slot machine gaming areas.—
 4763         (3) The department division shall require the posting of
 4764  signs warning of the risks and dangers of gambling, showing the
 4765  odds of winning, and informing patrons of the toll-free
 4766  telephone number available to provide information and referral
 4767  services regarding compulsive or problem gambling.
 4768         (5) The permitholder shall provide adequate office space at
 4769  no cost to the department division and the Department of Law
 4770  Enforcement for the oversight of slot machine operations. The
 4771  department division shall adopt rules establishing the criteria
 4772  for adequate space, configuration, and location and needed
 4773  electronic and technological requirements for office space
 4774  required by this subsection.
 4775         Section 65. Section 551.117, Florida Statutes, is amended
 4776  to read:
 4777         551.117 Penalties.—The department division may revoke or
 4778  suspend any slot machine license issued under this chapter upon
 4779  the willful violation by the slot machine licensee of any
 4780  provision of this chapter or of any rule adopted under this
 4781  chapter. In lieu of suspending or revoking a slot machine
 4782  license, the department division may impose a civil penalty
 4783  against the slot machine licensee for a violation of this
 4784  chapter or any rule adopted by the department division. Except
 4785  as otherwise provided in this chapter, the penalty so imposed
 4786  may not exceed $100,000 for each count or separate offense. All
 4787  penalties imposed and collected must be deposited into the Pari
 4788  mutuel Wagering Trust Fund of the Department of Business and
 4789  Professional Regulation.
 4790         Section 66. Section 551.118, Florida Statutes, is amended
 4791  to read:
 4792         551.118 Compulsive or addictive gambling prevention
 4793  program.—
 4794         (1) The slot machine licensee shall offer training to
 4795  employees on responsible gaming and shall work with a compulsive
 4796  or addictive gambling prevention program to recognize problem
 4797  gaming situations and to implement responsible gaming programs
 4798  and practices.
 4799         (2) The department division shall, subject to competitive
 4800  bidding, contract for provision of services related to the
 4801  prevention of compulsive and addictive gambling. The contract
 4802  shall provide for an advertising program to encourage
 4803  responsible gaming practices and to publicize a gambling
 4804  telephone help line. Such advertisements must be made both
 4805  publicly and inside the designated slot machine gaming areas of
 4806  the licensee’s facilities. The terms of any contract for the
 4807  provision of such services shall include accountability
 4808  standards that must be met by any private provider. The failure
 4809  of any private provider to meet any material terms of the
 4810  contract, including the accountability standards, shall
 4811  constitute a breach of contract or grounds for nonrenewal. The
 4812  department division may consult with the Department of the
 4813  Lottery in the development of the program and the development
 4814  and analysis of any procurement for contractual services for the
 4815  compulsive or addictive gambling prevention program.
 4816         (3) The compulsive or addictive gambling prevention program
 4817  shall be funded from an annual nonrefundable regulatory fee of
 4818  $250,000 paid by the licensee to the department division.
 4819         Section 67. Paragraph (c) of subsection (4) of section
 4820  551.121, Florida Statutes, is amended to read:
 4821         551.121 Prohibited activities and devices; exceptions.—
 4822         (4)
 4823         (c) Outside the designated slot machine gaming areas, a
 4824  slot machine licensee or operator may accept or cash a check for
 4825  an employee of the facility who is prohibited from wagering on a
 4826  slot machine under s. 551.108(5), a check made directly payable
 4827  to a person licensed by the department division, or a check made
 4828  directly payable to the slot machine licensee or operator from:
 4829         1. A pari-mutuel patron; or
 4830         2. A pari-mutuel facility in this state or in another
 4831  state.
 4832         Section 68. Section 551.122, Florida Statutes, is amended
 4833  to read:
 4834         551.122 Rulemaking.—The department division may adopt rules
 4835  pursuant to ss. 120.536(1) and 120.54 to administer the
 4836  provisions of this chapter.
 4837         Section 69. Section 551.123, Florida Statutes, is amended
 4838  to read:
 4839         551.123 Legislative authority; administration of chapter.
 4840  The Legislature finds and declares that it has exclusive
 4841  authority over the conduct of all wagering occurring at a slot
 4842  machine facility in this state. As provided by law, only the
 4843  department Division of Pari-mutuel Wagering and other authorized
 4844  state agencies shall administer this chapter and regulate the
 4845  slot machine gaming industry, including operation of slot
 4846  machine facilities, games, slot machines, and facilities-based
 4847  computer systems authorized in this chapter and the rules
 4848  adopted by the department division.
 4849         Section 70. Subsection (5) of section 565.02, Florida
 4850  Statutes, is amended to read:
 4851         565.02 License fees; vendors; clubs; caterers; and others.—
 4852         (5) A caterer at a horse or dog racetrack or jai alai
 4853  fronton may obtain a license upon the payment of an annual state
 4854  license tax of $675. Such caterer’s license shall permit sales
 4855  only within the enclosure in which such races or jai alai games
 4856  are conducted, and such licensee shall be permitted to sell only
 4857  during the period beginning 10 days before and ending 10 days
 4858  after racing or jai alai under the authority of the Division of
 4859  Pari-mutuel Wagering of the Department of Gaming Control
 4860  Business and Professional Regulation is conducted at such
 4861  racetrack or jai alai fronton. Except as otherwise provided in
 4862  this subsection otherwise provided, caterers licensed hereunder
 4863  shall be treated as vendors licensed to sell by the drink the
 4864  beverages mentioned herein and shall be subject to all the
 4865  provisions hereof relating to such vendors.
 4866         Section 71. Section 616.09, Florida Statutes, is amended to
 4867  read:
 4868         616.09 Not authorized to carry on gambling, etc.;
 4869  forfeiture of charter for violations; annulment proceedings.
 4870  Nothing in This chapter does not shall be held or construed to
 4871  authorize or permit any fair association to carry on, conduct,
 4872  supervise, permit, or suffer any gambling or game of chance,
 4873  lottery, betting, or other act in violation of the criminal laws
 4874  of the state; and nothing in this chapter does not shall permit
 4875  horseracing or dogracing or any other pari-mutuel wagering, for
 4876  money or upon which money is placed. Any fair association that
 4877  which violates any such law or that which knowingly permits the
 4878  violation of any such law is subject to forfeiture of its
 4879  charter; and if any citizen complains to the Department of Legal
 4880  Affairs or the Department of Gaming Control that the association
 4881  was organized for or is being used as a cover to evade any of
 4882  the laws of Florida against crime, and submits prima facie
 4883  evidence to sustain the charge, the Department of Legal Affairs
 4884  or the Department of Gaming Control shall institute, and in due
 4885  time prosecute to final judgment, such proceedings as may be
 4886  necessary to annul the charter and incorporation of the
 4887  association. A writ of injunction or other extraordinary process
 4888  shall be issued by a court of competent jurisdiction on the
 4889  application of the Department of Legal Affairs or the Department
 4890  of Gaming Control on complaint pending the annulment proceeding
 4891  and in aid thereof, and the case shall be given precedence over
 4892  all civil cases pending in that court and shall be heard and
 4893  disposed of with as little delay as practicable.
 4894         Section 72. Subsection (9) of section 616.241, Florida
 4895  Statutes, is amended to read:
 4896         616.241 Trade standards for operation at public fairs and
 4897  expositions.—Trade standards for the operation of shows or games
 4898  in connection with public fairs and expositions are as follows:
 4899         (9) VIOLATIONS; REPORTING.—Florida law forbids lotteries,
 4900  gambling, raffles, and other games of chance at community,
 4901  county, district, state, regional, or interstate fairs and
 4902  specialized shows. Enforcement is the responsibility of the
 4903  Department of Gaming Control, local boards, and authorities.
 4904         Section 73. Section 817.37, Florida Statutes, is amended to
 4905  read:
 4906         817.37 Touting; defining; providing punishment; ejection
 4907  from racetracks.—
 4908         (1) Any person who knowingly and designedly by false
 4909  representation attempts to, or does persuade, procure, or cause
 4910  another person to wager on a horse in a race to be run in this
 4911  state or elsewhere, and upon which money is wagered in this
 4912  state, and who asks or demands compensation as a reward for
 4913  information or purported information given in such case is a
 4914  tout, and commits is guilty of touting.
 4915         (2) Any person who is a tout, or who attempts or conspires
 4916  to commit touting, commits shall be guilty of a misdemeanor of
 4917  the second degree, punishable as provided in s. 775.082 or s.
 4918  775.083.
 4919         (3) Any person who in the commission of touting falsely
 4920  uses the name of any official of the Department of Gaming
 4921  Control Florida Division of Pari-mutuel Wagering, its inspectors
 4922  or attaches, or of any official of any racetrack association, or
 4923  the names of any owner, trainer, jockey, or other person
 4924  licensed by the Department of Gaming Control Florida Division of
 4925  Pari-mutuel Wagering, as the source of any information or
 4926  purported information commits shall be guilty of a felony of the
 4927  third degree, punishable as provided in s. 775.082, s. 775.083,
 4928  or s. 775.084.
 4929         (4) Any person who has been convicted of touting by any
 4930  court, and the record of whose conviction on such charge is on
 4931  file in the office of the Department of Gaming Control Florida
 4932  Division of Pari-mutuel Wagering, any court of this state, or of
 4933  the Federal Bureau of Investigation, or any person who has been
 4934  ejected from any racetrack of this or any other state for
 4935  touting or practices inimical to the public interest shall be
 4936  excluded from all racetracks in this state and if such person
 4937  returns to a racetrack he or she commits shall be guilty of a
 4938  misdemeanor of the second degree, punishable as provided in s.
 4939  775.082 or s. 775.083. Any such person who refuses to leave such
 4940  track when ordered to do so by inspectors of the Department of
 4941  Gaming Control Florida Division of Pari-mutuel Wagering or by
 4942  any peace officer, or by an accredited attache of a racetrack or
 4943  association commits shall be guilty of a separate offense that
 4944  which shall be a misdemeanor of the second degree, punishable as
 4945  provided in s. 775.083.
 4946         Section 74. Section 849.086, Florida Statutes, is amended
 4947  to read:
 4948         849.086 Cardrooms authorized.—
 4949         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4950  to provide additional entertainment choices for the residents of
 4951  and visitors to the state, promote tourism in the state, and
 4952  provide additional state revenues through the authorization of
 4953  the playing of certain games in the state at facilities known as
 4954  cardrooms which are to be located at licensed pari-mutuel
 4955  facilities. To ensure the public confidence in the integrity of
 4956  authorized cardroom operations, this act is designed to strictly
 4957  regulate the facilities, persons, and procedures related to
 4958  cardroom operations. Furthermore, the Legislature finds that
 4959  authorized games as herein defined are considered to be pari
 4960  mutuel style games and not casino gaming because the
 4961  participants play against each other instead of against the
 4962  house.
 4963         (2) DEFINITIONS.—As used in this section:
 4964         (a) “Authorized game” means a game or series of games of
 4965  poker or dominoes which are played in a nonbanking manner.
 4966         (b) “Banking game” means a game in which the house is a
 4967  participant in the game, taking on players, paying winners, and
 4968  collecting from losers or in which the cardroom establishes a
 4969  bank against which participants play.
 4970         (c) “Cardroom” means a facility where authorized games are
 4971  played for money or anything of value and to which the public is
 4972  invited to participate in such games and charged a fee for
 4973  participation by the operator of such facility. Authorized games
 4974  and cardrooms do not constitute casino gaming operations.
 4975         (d) “Cardroom management company” means any individual not
 4976  an employee of the cardroom operator, any proprietorship,
 4977  partnership, corporation, or other entity that enters into an
 4978  agreement with a cardroom operator to manage, operate, or
 4979  otherwise control the daily operation of a cardroom.
 4980         (e) “Cardroom distributor” means any business that
 4981  distributes cardroom paraphernalia such as card tables, betting
 4982  chips, chip holders, dominoes, dominoes tables, drop boxes,
 4983  banking supplies, playing cards, card shufflers, and other
 4984  associated equipment to authorized cardrooms.
 4985         (f) “Cardroom operator” means a licensed pari-mutuel
 4986  permitholder that which holds a valid permit and license issued
 4987  by the department division pursuant to chapter 550 and that
 4988  which also holds a valid cardroom license issued by the
 4989  department division pursuant to this section which authorizes
 4990  such person to operate a cardroom and to conduct authorized
 4991  games in such cardroom.
 4992         (g) “Department” “Division” means the Division of Pari
 4993  mutuel Wagering of the Department of Gaming Control Business and
 4994  Professional Regulation.
 4995         (h) “Dominoes” means a game of dominoes typically played
 4996  with a set of 28 flat rectangular blocks, called “bones,” which
 4997  are marked on one side and divided into two equal parts, with
 4998  zero to six dots, called “pips,” in each part. The term also
 4999  includes larger sets of blocks that contain a correspondingly
 5000  higher number of pips. The term also means the set of blocks
 5001  used to play the game.
 5002         (i) “Gross receipts” means the total amount of money
 5003  received by a cardroom from any person for participation in
 5004  authorized games.
 5005         (j) “House” means the cardroom operator and all employees
 5006  of the cardroom operator.
 5007         (k) “Net proceeds” means the total amount of gross receipts
 5008  received by a cardroom operator from cardroom operations less
 5009  direct operating expenses related to cardroom operations,
 5010  including labor costs, admission taxes only if a separate
 5011  admission fee is charged for entry to the cardroom facility,
 5012  gross receipts taxes imposed on cardroom operators by this
 5013  section, the annual cardroom license fees imposed by this
 5014  section on each table operated at a cardroom, and reasonable
 5015  promotional costs excluding officer and director compensation,
 5016  interest on capital debt, legal fees, real estate taxes, bad
 5017  debts, contributions or donations, or overhead and depreciation
 5018  expenses not directly related to the operation of the cardrooms.
 5019         (l) “Rake” means a set fee or percentage of the pot
 5020  assessed by a cardroom operator for providing the services of a
 5021  dealer, table, or location for playing the authorized game.
 5022         (m) “Tournament” means a series of games that have more
 5023  than one betting round involving one or more tables and where
 5024  the winners or others receive a prize or cash award.
 5025         (3) CARDROOM AUTHORIZED.—Notwithstanding any other
 5026  provision of law, it is not a crime for a person to participate
 5027  in an authorized game at a licensed cardroom or to operate a
 5028  cardroom described in this section if such game and cardroom
 5029  operation are conducted strictly in accordance with the
 5030  provisions of this section.
 5031         (4) AUTHORITY OF DEPARTMENT DIVISION.—The department
 5032  Division of Pari-mutuel Wagering of the Department of Business
 5033  and Professional Regulation shall administer this section and
 5034  regulate the operation of cardrooms under this section and the
 5035  rules adopted pursuant thereto, and is hereby authorized to:
 5036         (a) Adopt rules, including, but not limited to: the
 5037  issuance of cardroom and employee licenses for cardroom
 5038  operations; the operation of a cardroom; recordkeeping and
 5039  reporting requirements; and the collection of all fees and taxes
 5040  imposed by this section.
 5041         (b) Conduct investigations and monitor the operation of
 5042  cardrooms and the playing of authorized games therein.
 5043         (c) Review the books, accounts, and records of any current
 5044  or former cardroom operator.
 5045         (d) Suspend or revoke any license or permit, after hearing,
 5046  for any violation of the provisions of this section or the
 5047  administrative rules adopted pursuant thereto.
 5048         (e) Take testimony, issue summons and subpoenas for any
 5049  witness, and issue subpoenas duces tecum in connection with any
 5050  matter within its jurisdiction.
 5051         (f) Monitor and ensure the proper collection of taxes and
 5052  fees imposed by this section. Permitholder internal controls are
 5053  mandated to ensure no compromise of state funds. To that end, a
 5054  roaming department division auditor will monitor and verify the
 5055  cash flow and accounting of cardroom revenue for any given
 5056  operating day.
 5057         (5) LICENSE REQUIRED; APPLICATION; FEES.—A No person may
 5058  not operate a cardroom in this state unless such person holds a
 5059  valid cardroom license issued pursuant to this section.
 5060         (a) Only those persons holding a valid cardroom license
 5061  issued by the department division may operate a cardroom. A
 5062  cardroom license may only be issued only to a licensed pari
 5063  mutuel permitholder and an authorized cardroom may only be
 5064  operated only at the same facility at which the permitholder is
 5065  authorized under its valid pari-mutuel wagering permit to
 5066  conduct pari-mutuel wagering activities. An initial cardroom
 5067  license shall be issued to a pari-mutuel permitholder only after
 5068  its facilities are in place and after it conducts its first day
 5069  of live racing or games.
 5070         (b) After the initial cardroom license is granted, the
 5071  application for the annual license renewal shall be made in
 5072  conjunction with the applicant’s annual application for its
 5073  pari-mutuel license. If a permitholder has operated a cardroom
 5074  during any of the 3 previous fiscal years and fails to include a
 5075  renewal request for the operation of the cardroom in its annual
 5076  application for license renewal, the permitholder may amend its
 5077  annual application to include operation of the cardroom. In
 5078  order for a cardroom license to be renewed the applicant must
 5079  have requested, as part of its pari-mutuel annual license
 5080  application, to conduct at least 90 percent of the total number
 5081  of live performances conducted by such permitholder during
 5082  either the state fiscal year in which its initial cardroom
 5083  license was issued or the state fiscal year immediately prior
 5084  thereto if the permitholder ran at least a full schedule of live
 5085  racing or games in the prior year. If the application is for a
 5086  harness permitholder cardroom, the applicant must have requested
 5087  authorization to conduct a minimum of 140 live performances
 5088  during the state fiscal year immediately prior thereto. If more
 5089  than one permitholder is operating at a facility, each
 5090  permitholder must have applied for a license to conduct a full
 5091  schedule of live racing.
 5092         (c) Persons seeking a license or a renewal thereof to
 5093  operate a cardroom shall make application on forms prescribed by
 5094  the department division. Applications for cardroom licenses
 5095  shall contain all of the information the department division, by
 5096  rule, may determine is required to ensure eligibility.
 5097         (d) The annual cardroom license fee for each facility shall
 5098  be $1,000 for each table to be operated at the cardroom. The
 5099  license fee shall be deposited by the department division with
 5100  the Chief Financial Officer to the credit of the Pari-mutuel
 5101  Wagering Trust Fund.
 5102         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 5103  APPLICATION; FEES.—
 5104         (a) A person employed or otherwise working in a cardroom as
 5105  a cardroom manager, floor supervisor, pit boss, dealer, or any
 5106  other activity related to cardroom operations while the facility
 5107  is conducting card playing or games of dominoes must hold a
 5108  valid cardroom employee occupational license issued by the
 5109  department division. Food service, maintenance, and security
 5110  employees with a current pari-mutuel occupational license and a
 5111  current background check will not be required to have a cardroom
 5112  employee occupational license.
 5113         (b) Any cardroom management company or cardroom distributor
 5114  associated with cardroom operations must hold a valid cardroom
 5115  business occupational license issued by the department division.
 5116         (c) A No licensed cardroom operator may not employ or allow
 5117  to work in a cardroom any person unless such person holds a
 5118  valid occupational license. A No licensed cardroom operator may
 5119  not contract, or otherwise do business with, a business required
 5120  to hold a valid cardroom business occupational license, unless
 5121  the business holds such a valid license.
 5122         (d) The department division shall establish, by rule, a
 5123  schedule for the renewal of cardroom occupational licenses.
 5124  Cardroom occupational licenses are not transferable.
 5125         (e) Persons seeking cardroom occupational licenses, or
 5126  renewal thereof, shall make application on forms prescribed by
 5127  the department division. Applications for cardroom occupational
 5128  licenses shall contain all of the information the department
 5129  division, by rule, may determine is required to ensure
 5130  eligibility.
 5131         (f) The department division shall adopt rules regarding
 5132  cardroom occupational licenses. The provisions specified in s.
 5133  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 5134  shall be applicable to cardroom occupational licenses.
 5135         (g) The department division may deny, declare ineligible,
 5136  or revoke any cardroom occupational license if the applicant or
 5137  holder thereof has been found guilty or had adjudication
 5138  withheld in this state or any other state, or under the laws of
 5139  the United States of a felony or misdemeanor involving forgery,
 5140  larceny, extortion, conspiracy to defraud, or filing false
 5141  reports to a government agency, racing or gaming commission or
 5142  authority.
 5143         (h) Fingerprints for all cardroom occupational license
 5144  applications shall be taken in a manner approved by the
 5145  department division and then shall be submitted to the Florida
 5146  Department of Law Enforcement and the Federal Bureau of
 5147  Investigation for a criminal records check upon initial
 5148  application and at least every 5 years thereafter. The
 5149  department division may by rule require an annual record check
 5150  of all renewal applications for a cardroom occupational license.
 5151  The cost of processing fingerprints and conducting a record
 5152  check shall be borne by the applicant.
 5153         (i) The cardroom employee occupational license fee may
 5154  shall not exceed $50 for any 12-month period. The cardroom
 5155  business occupational license fee may shall not exceed $250 for
 5156  any 12-month period.
 5157         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 5158         (a) A cardroom may be operated only at the location
 5159  specified on the cardroom license issued by the department
 5160  division, and such location may only be the location at which
 5161  the pari-mutuel permitholder is authorized to conduct pari
 5162  mutuel wagering activities pursuant to such permitholder’s valid
 5163  pari-mutuel permit or as otherwise authorized by law. Cardroom
 5164  operations may not be allowed beyond the hours provided in
 5165  paragraph (b) regardless of the number of cardroom licenses
 5166  issued for permitholders operating at the pari-mutuel facility.
 5167         (b) Any cardroom operator may operate a cardroom at the
 5168  pari-mutuel facility daily throughout the year, if the
 5169  permitholder meets the requirements under paragraph (5)(b). The
 5170  cardroom may be open a cumulative amount of 18 hours per day on
 5171  Monday through Friday and 24 hours per day on Saturday and
 5172  Sunday and on the holidays specified in s. 110.117(1).
 5173         (c) A cardroom operator must at all times employ and
 5174  provide a nonplaying dealer for each table on which authorized
 5175  card games that which traditionally use a dealer are conducted
 5176  at the cardroom. Such dealers may not have a participatory
 5177  interest in any game other than the dealing of cards and may not
 5178  have an interest in the outcome of the game. The providing of
 5179  such dealers by a licensee does not constitute the conducting of
 5180  a banking game by the cardroom operator.
 5181         (d) A cardroom operator may award giveaways, jackpots, and
 5182  prizes to a player who holds certain combinations of cards
 5183  specified by the cardroom operator.
 5184         (e) Each cardroom operator shall conspicuously post upon
 5185  the premises of the cardroom a notice that which contains a copy
 5186  of the cardroom license; a list of authorized games offered by
 5187  the cardroom; the wagering limits imposed by the house, if any;
 5188  any additional house rules regarding operation of the cardroom
 5189  or the playing of any game; and all costs to players to
 5190  participate, including any rake by the house. In addition, each
 5191  cardroom operator shall post at each table a notice of the
 5192  minimum and maximum bets authorized at such table and the fee
 5193  for participation in the game conducted.
 5194         (f) The cardroom facility is subject to inspection by the
 5195  department division or any law enforcement agency during the
 5196  licensee’s regular business hours. The inspection must
 5197  specifically include the permitholder internal control
 5198  procedures approved by the department division.
 5199         (g) A cardroom operator may refuse entry to or refuse to
 5200  allow any person who is objectionable, undesirable, or
 5201  disruptive to play, but such refusal may not be on the basis of
 5202  race, creed, color, religion, gender, national origin, marital
 5203  status, physical handicap, or age, except as provided in this
 5204  section.
 5205         (8) METHOD OF WAGERS; LIMITATION.—
 5206         (a) No Wagering may not be conducted using money or other
 5207  negotiable currency. Games may only be played utilizing a
 5208  wagering system whereby all players’ money is first converted by
 5209  the house to tokens or chips that which shall be used for
 5210  wagering only at that specific cardroom.
 5211         (b) The cardroom operator may limit the amount wagered in
 5212  any game or series of games.
 5213         (c) A tournament shall consist of a series of games. The
 5214  entry fee for a tournament may be set by the cardroom operator.
 5215  Tournaments may be played only with tournament chips that are
 5216  provided to all participants in exchange for an entry fee and
 5217  any subsequent re-buys. All players must receive an equal number
 5218  of tournament chips for their entry fee. Tournament chips have
 5219  no cash value and represent tournament points only. There is no
 5220  limitation on the number of tournament chips that may be used
 5221  for a bet except as otherwise determined by the cardroom
 5222  operator. Tournament chips may never be redeemed for cash or for
 5223  any other thing of value. The distribution of prizes and cash
 5224  awards must be determined by the cardroom operator before entry
 5225  fees are accepted. For purposes of tournament play only, the
 5226  term “gross receipts” means the total amount received by the
 5227  cardroom operator for all entry fees, player re-buys, and fees
 5228  for participating in the tournament less the total amount paid
 5229  to the winners or others as prizes.
 5230         (9) BOND REQUIRED.—The holder of a cardroom license shall
 5231  be financially and otherwise responsible for the operation of
 5232  the cardroom and for the conduct of any manager, dealer, or
 5233  other employee involved in the operation of the cardroom. Prior
 5234  to the issuance of a cardroom license, each applicant for such
 5235  license shall provide evidence of a surety bond in the amount of
 5236  $50,000, payable to the state, furnished by a corporate surety
 5237  authorized to do business in the state or evidence that the
 5238  licensee’s pari-mutuel bond required by s. 550.125 has been
 5239  expanded to include the applicant’s cardroom operation. The bond
 5240  shall guarantee that the cardroom operator will redeem, for
 5241  cash, all tokens or chips used in games. Such bond shall be kept
 5242  in full force and effect by the operator during the term of the
 5243  license.
 5244         (10) FEE FOR PARTICIPATION.—The cardroom operator may
 5245  charge a fee for the right to participate in games conducted at
 5246  the cardroom. Such fee may be either a flat fee or hourly rate
 5247  for the use of a seat at a table or a rake subject to the posted
 5248  maximum amount but may not be based on the amount won by
 5249  players. The rake-off, if any, must be made in an obvious manner
 5250  and placed in a designated rake area that which is clearly
 5251  visible to all players. Notice of the amount of the
 5252  participation fee charged shall be posted in a conspicuous place
 5253  in the cardroom and at each table at all times.
 5254         (11) RECORDS AND REPORTS.—
 5255         (a) Each licensee operating a cardroom shall keep and
 5256  maintain permanent daily records of its cardroom operation and
 5257  shall maintain such records for a period of not less than 3
 5258  years. These records shall include all financial transactions
 5259  and contain sufficient detail to determine compliance with the
 5260  requirements of this section. All records shall be available for
 5261  audit and inspection by the department division or other law
 5262  enforcement agencies during the licensee’s regular business
 5263  hours. The information required in such records shall be
 5264  determined by department division rule.
 5265         (b) Each licensee operating a cardroom shall file with the
 5266  department division a report containing the required records of
 5267  such cardroom operation. Such report shall be filed monthly by
 5268  licensees. The required reports shall be submitted on forms
 5269  prescribed by the department division and shall be due at the
 5270  same time as the monthly pari-mutuel reports are due to the
 5271  department division, and such reports shall contain any
 5272  additional information deemed necessary by the department
 5273  division, and the reports shall be deemed public records once
 5274  filed.
 5275         (12) PROHIBITED ACTIVITIES.—
 5276         (a) A No person licensed to operate a cardroom may not
 5277  conduct any banking game or any game not specifically authorized
 5278  by this section.
 5279         (b) A No person under 18 years of age may not be permitted
 5280  to hold a cardroom or employee license, or engage in any game
 5281  conducted therein.
 5282         (c) With the exception of mechanical card shufflers, an No
 5283  electronic or mechanical device devices, except mechanical card
 5284  shufflers, may not be used to conduct any authorized game in a
 5285  cardroom.
 5286         (d) No Cards, game components, or game implements may not
 5287  be used in playing an authorized game unless such has been
 5288  furnished or provided to the players by the cardroom operator.
 5289         (13) TAXES AND OTHER PAYMENTS.—
 5290         (a) Each cardroom operator shall pay a tax to the state of
 5291  10 percent of the cardroom operation’s monthly gross receipts.
 5292         (b) An admission tax equal to 15 percent of the admission
 5293  charge for entrance to the licensee’s cardroom facility, or 10
 5294  cents, whichever is greater, is imposed on each person entering
 5295  the cardroom. This admission tax applies shall apply only if a
 5296  separate admission fee is charged for entry to the cardroom
 5297  facility. If a single admission fee is charged which authorizes
 5298  entry to both or either the pari-mutuel facility and the
 5299  cardroom facility, the admission tax shall be payable only once
 5300  and shall be payable pursuant to chapter 550. The cardroom
 5301  licensee is shall be responsible for collecting the admission
 5302  tax. An admission tax is imposed on any free passes or
 5303  complimentary cards issued to guests by licensees in an amount
 5304  equal to the tax imposed on the regular and usual admission
 5305  charge for entrance to the licensee’s cardroom facility. A
 5306  cardroom licensee may issue tax-free passes to its officers,
 5307  officials, and employees or other persons actually engaged in
 5308  working at the cardroom, including accredited press
 5309  representatives such as reporters and editors, and may also
 5310  issue tax-free passes to other cardroom licensees for the use of
 5311  their officers and officials. The licensee shall file with the
 5312  department division a list of all persons to whom tax-free
 5313  passes are issued.
 5314         (c) Payment of the admission tax and gross receipts tax
 5315  imposed by this section shall be paid to the department
 5316  division. The department division shall deposit these sums with
 5317  the Chief Financial Officer, one-half being credited to the
 5318  Pari-mutuel Wagering Trust Fund and one-half being credited to
 5319  the General Revenue Fund. The cardroom licensee shall remit to
 5320  the department division payment for the admission tax, the gross
 5321  receipts tax, and the licensee fees. Such payments shall be
 5322  remitted to the department division on the fifth day of each
 5323  calendar month for taxes and fees imposed for the preceding
 5324  month’s cardroom activities. Licensees shall file a report under
 5325  oath by the fifth day of each calendar month for all taxes
 5326  remitted during the preceding calendar month. Such report shall,
 5327  under oath, indicate the total of all admissions, the cardroom
 5328  activities for the preceding calendar month, and such other
 5329  information as may be prescribed by the department division.
 5330         (d)1. Each greyhound and jai alai permitholder that
 5331  operates a cardroom facility shall use at least 4 percent of
 5332  such permitholder’s cardroom monthly gross receipts to
 5333  supplement greyhound purses or jai alai prize money,
 5334  respectively, during the permitholder’s next ensuing pari-mutuel
 5335  meet.
 5336         2. Each thoroughbred and harness horse racing permitholder
 5337  that operates a cardroom facility shall use at least 50 percent
 5338  of such permitholder’s cardroom monthly net proceeds as follows:
 5339  47 percent to supplement purses and 3 percent to supplement
 5340  breeders’ awards during the permitholder’s next ensuing racing
 5341  meet.
 5342         3. No cardroom license or renewal thereof shall be issued
 5343  to an applicant holding a permit under chapter 550 to conduct
 5344  pari-mutuel wagering meets of quarter horse racing unless the
 5345  applicant has on file with the department division a binding
 5346  written agreement between the applicant and the Florida Quarter
 5347  Horse Racing Association or the association representing a
 5348  majority of the horse owners and trainers at the applicant’s
 5349  eligible facility, governing the payment of purses on live
 5350  quarter horse races conducted at the licensee’s pari-mutuel
 5351  facility. The agreement governing purses may direct the payment
 5352  of such purses from revenues generated by any wagering or gaming
 5353  the applicant is authorized to conduct under Florida law. All
 5354  purses shall be subject to the terms of chapter 550.
 5355         (e) The failure of any licensee to make payments as
 5356  prescribed in paragraph (c) is a violation of this section, and
 5357  the licensee may be subjected by the department division to a
 5358  civil penalty of up to $1,000 for each day the tax payment is
 5359  not remitted. All penalties imposed and collected shall be
 5360  deposited in the General Revenue Fund. If a licensee fails to
 5361  pay penalties imposed by order of the department division under
 5362  this subsection, the department division may suspend or revoke
 5363  the license of the cardroom operator or deny issuance of any
 5364  further license to the cardroom operator.
 5365         (f) The cardroom shall be deemed an accessory use to a
 5366  licensed pari-mutuel operation and, except as provided in
 5367  chapter 550, a municipality, county, or political subdivision
 5368  may not assess or collect any additional license tax, sales tax,
 5369  or excise tax on such cardroom operation.
 5370         (g) All of the moneys deposited in the Pari-mutuel Wagering
 5371  Trust Fund, except as set forth in paragraph (h), shall be
 5372  utilized and distributed in the manner specified in s.
 5373  550.135(1) and (2). However, cardroom tax revenues shall be kept
 5374  separate from pari-mutuel tax revenues and may shall not be used
 5375  for making the disbursement to counties provided in former s.
 5376  550.135(1).
 5377         (h) One-quarter of the moneys deposited into the Pari
 5378  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 5379  October 1 of each year, be distributed to the local government
 5380  that approved the cardroom under subsection (16); however, if
 5381  two or more pari-mutuel racetracks are located within the same
 5382  incorporated municipality, the cardroom funds shall be
 5383  distributed to the municipality. If a pari-mutuel facility is
 5384  situated in such a manner that it is located in more than one
 5385  county, the site of the cardroom facility shall determine the
 5386  location for purposes of disbursement of tax revenues under this
 5387  paragraph. The department division shall, by September 1 of each
 5388  year, determine: the amount of taxes deposited into the Pari
 5389  mutuel Wagering Trust Fund pursuant to this section from each
 5390  cardroom licensee; the location by county of each cardroom;
 5391  whether the cardroom is located in the unincorporated area of
 5392  the county or within an incorporated municipality; and, the
 5393  total amount to be distributed to each eligible county and
 5394  municipality.
 5395         (14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.—
 5396         (a) The department division may deny a license or the
 5397  renewal thereof, or may suspend or revoke any license, when the
 5398  applicant has: violated or failed to comply with the provisions
 5399  of this section or any rules adopted pursuant thereto; knowingly
 5400  caused, aided, abetted, or conspired with another to cause any
 5401  person to violate this section or any rules adopted pursuant
 5402  thereto; or obtained a license or permit by fraud,
 5403  misrepresentation, or concealment; or if the holder of such
 5404  license or permit is no longer eligible under this section.
 5405         (b) If a pari-mutuel permitholder’s pari-mutuel permit or
 5406  license is suspended or revoked by the department division
 5407  pursuant to chapter 550, the department division may, but is not
 5408  required to, suspend or revoke such permitholder’s cardroom
 5409  license. If a cardroom operator’s license is suspended or
 5410  revoked pursuant to this section, the department division may,
 5411  but is not required to, suspend or revoke such licensee’s pari
 5412  mutuel permit or license.
 5413         (c) Notwithstanding any other provision of this section,
 5414  the department division may impose an administrative fine not to
 5415  exceed $1,000 for each violation against any person who has
 5416  violated or failed to comply with the provisions of this section
 5417  or any rules adopted pursuant thereto.
 5418         (15) CRIMINAL PENALTY; INJUNCTION.—
 5419         (a)1. Any person who operates a cardroom without a valid
 5420  license issued as provided in this section commits a felony of
 5421  the third degree, punishable as provided in s. 775.082, s.
 5422  775.083, or s. 775.084.
 5423         2. Any licensee or permitholder who violates any provision
 5424  of this section commits a misdemeanor of the first degree,
 5425  punishable as provided in s. 775.082 or s. 775.083. Any licensee
 5426  or permitholder who commits a second or subsequent violation of
 5427  the same paragraph or subsection within a period of 3 years from
 5428  the date of a prior conviction for a violation of such paragraph
 5429  or subsection commits a felony of the third degree, punishable
 5430  as provided in s. 775.082, s. 775.083, or s. 775.084.
 5431         (b) The department division, any state attorney, the
 5432  statewide prosecutor, or the Attorney General may apply for a
 5433  temporary or permanent injunction restraining further violation
 5434  of this section, and such injunction shall issue without bond.
 5435         (16) LOCAL GOVERNMENT APPROVAL.—The department may Division
 5436  of Pari-mutuel Wagering shall not issue any initial license
 5437  under this section except upon proof in such form as the
 5438  department division may prescribe that the local government
 5439  where the applicant for such license desires to conduct cardroom
 5440  gaming has voted to approve such activity by a majority vote of
 5441  the governing body of the municipality or the governing body of
 5442  the county if the facility is not located in a municipality.
 5443         (17) CHANGE OF LOCATION; REFERENDUM.—
 5444         (a) Notwithstanding any provisions of this section, no
 5445  cardroom gaming license issued under this section shall be
 5446  transferred, or reissued when such reissuance is in the nature
 5447  of a transfer, so as to permit or authorize a licensee to change
 5448  the location of the cardroom except upon proof in such form as
 5449  the department division may prescribe that a referendum election
 5450  has been held:
 5451         1. If the proposed new location is within the same county
 5452  as the already licensed location, in the county where the
 5453  licensee desires to conduct cardroom gaming and that a majority
 5454  of the electors voting on the question in such election voted in
 5455  favor of the transfer of such license. However, the department
 5456  division shall transfer, without requirement of a referendum
 5457  election, the cardroom license of any permitholder that
 5458  relocated its permit pursuant to s. 550.0555.
 5459         2. If the proposed new location is not within the same
 5460  county as the already licensed location, in the county where the
 5461  licensee desires to conduct cardroom gaming and that a majority
 5462  of the electors voting on that question in each such election
 5463  voted in favor of the transfer of such license.
 5464         (b) The expense of each referendum held under the
 5465  provisions of this subsection shall be borne by the licensee
 5466  requesting the transfer.
 5467         Section 75. Section 849.0915, Florida Statutes, is amended
 5468  to read:
 5469         849.0915 Referral selling.—
 5470         (1) Referral selling, whereby the seller gives or offers a
 5471  rebate or discount to the buyer as an inducement for a sale in
 5472  consideration of the buyer’s providing the seller with the names
 5473  of prospective purchasers, is declared to be a lottery if
 5474  earning the rebate or discount is contingent upon the occurrence
 5475  of an event subsequent to the time the buyer agrees to buy.
 5476         (2) Any person conducting a lottery by referral selling
 5477  commits is guilty of a misdemeanor of the first degree,
 5478  punishable as provided in s. 775.082 or s. 775.083.
 5479         (3) In addition to the penalty provided herein, the
 5480  Attorney General and her or his assistants, the state attorneys
 5481  and their assistants, and the Department of Gaming Control
 5482  Division of Consumer Services of the Department of Agriculture
 5483  and Consumer Services are authorized to apply to the circuit
 5484  court within their respective jurisdictions, and such court
 5485  shall have jurisdiction, upon hearing and for cause shown, to
 5486  grant a temporary or permanent injunction restraining any person
 5487  from violating the provisions of this section, whether or not
 5488  there exists an adequate remedy at law, and such injunction
 5489  shall issue without bond.
 5490         Section 76. Section 849.094, Florida Statutes, is amended
 5491  to read:
 5492         849.094 Game promotion in connection with sale of consumer
 5493  products or services.—
 5494         (1) As used in this section, the term:
 5495         (a) “Department” means the Department of Gaming Control.
 5496         (b)(a) “Game promotion” means, but is not limited to, a
 5497  contest, game of chance, or gift enterprise, conducted within or
 5498  throughout the state and other states in connection with the
 5499  sale of consumer products or services, and in which the elements
 5500  of chance and prize are present. However, the term does not
 5501  “game promotion” shall not be construed to apply to bingo games
 5502  conducted pursuant to s. 849.0931.
 5503         (c)(b) “Operator” means any person, firm, corporation, or
 5504  association or agent or employee thereof who promotes, operates,
 5505  or conducts a game promotion, except any charitable nonprofit
 5506  organization.
 5507         (2) It is unlawful for any operator:
 5508         (a) To design, engage in, promote, or conduct such a game
 5509  promotion, in connection with the promotion or sale of consumer
 5510  products or services, wherein the winner may be predetermined or
 5511  the game may be manipulated or rigged so as to:
 5512         1. Allocate a winning game or any portion thereof to
 5513  certain lessees, agents, or franchises; or
 5514         2. Allocate a winning game or part thereof to a particular
 5515  period of the game promotion or to a particular geographic area;
 5516         (b) Arbitrarily to remove, disqualify, disallow, or reject
 5517  any entry;
 5518         (c) To fail to award prizes offered;
 5519         (d) To print, publish, or circulate literature or
 5520  advertising material used in connection with such game
 5521  promotions which is false, deceptive, or misleading; or
 5522         (e) To require an entry fee, payment, or proof of purchase
 5523  as a condition of entering a game promotion.
 5524         (3) The operator of a game promotion in which the total
 5525  announced value of the prizes offered is greater than $5,000
 5526  shall file with the Department of Gaming Control Agriculture and
 5527  Consumer Services a copy of the rules and regulations of the
 5528  game promotion and a list of all prizes and prize categories
 5529  offered at least 7 days before the commencement of the game
 5530  promotion. Such rules and regulations may not thereafter be
 5531  changed, modified, or altered. The operator of a game promotion
 5532  shall conspicuously post the rules and regulations of such game
 5533  promotion in each and every retail outlet or place where such
 5534  game promotion may be played or participated in by the public
 5535  and shall also publish the rules and regulations in all
 5536  advertising copy used in connection therewith. However, such
 5537  advertising copy need only include the material terms of the
 5538  rules and regulations if the advertising copy includes a website
 5539  address, a toll-free telephone number, or a mailing address
 5540  where the full rules and regulations may be viewed, heard, or
 5541  obtained for the full duration of the game promotion. Such
 5542  disclosures must be legible. Radio and television announcements
 5543  may indicate that the rules and regulations are available at
 5544  retail outlets or from the operator of the promotion. A
 5545  nonrefundable filing fee of $100 shall accompany each filing and
 5546  shall be used to pay the costs incurred in administering and
 5547  enforcing the provisions of this section.
 5548         (4)(a) Every operator of such a game promotion in which the
 5549  total announced value of the prizes offered is greater than
 5550  $5,000 shall establish a trust account, in a national or state
 5551  chartered financial institution, with a balance sufficient to
 5552  pay or purchase the total value of all prizes offered. On a form
 5553  supplied by the Department of Gaming Control Agriculture and
 5554  Consumer Services, an official of the financial institution
 5555  holding the trust account shall set forth the dollar amount of
 5556  the trust account, the identity of the entity or individual
 5557  establishing the trust account, and the name of the game
 5558  promotion for which the trust account has been established. Such
 5559  form shall be filed with the Department of Gaming Control
 5560  Agriculture and Consumer Services at least 7 days in advance of
 5561  the commencement of the game promotion. In lieu of establishing
 5562  such trust account, the operator may obtain a surety bond in an
 5563  amount equivalent to the total value of all prizes offered; and
 5564  such bond shall be filed with the Department of Gaming Control
 5565  Agriculture and Consumer Services at least 7 days in advance of
 5566  the commencement of the game promotion.
 5567         1. The moneys held in the trust account may be withdrawn in
 5568  order to pay the prizes offered only upon certification to the
 5569  Department of Gaming Control Agriculture and Consumer Services
 5570  of the name of the winner or winners and the amount of the prize
 5571  or prizes and the value thereof.
 5572         2. If the operator of a game promotion has obtained a
 5573  surety bond in lieu of establishing a trust account, the amount
 5574  of the surety bond shall equal at all times the total amount of
 5575  the prizes offered.
 5576         (b) The Department of Gaming Control Agriculture and
 5577  Consumer Services may waive the provisions of this subsection
 5578  for any operator who has conducted game promotions in the state
 5579  for not less than 5 consecutive years and who has not had any
 5580  civil, criminal, or administrative action instituted against him
 5581  or her by the state or an agency of the state for violation of
 5582  this section within that 5-year period. Such waiver may be
 5583  revoked upon the commission of a violation of this section by
 5584  such operator, as determined by the Department of Gaming Control
 5585  Agriculture and Consumer Services.
 5586         (5) Every operator of a game promotion in which the total
 5587  announced value of the prizes offered is greater than $5,000
 5588  shall provide the Department of Gaming Control Agriculture and
 5589  Consumer Services with a certified list of the names and
 5590  addresses of all persons, whether from this state or from
 5591  another state, who have won prizes which have a value of more
 5592  than $25, the value of such prizes, and the dates when the
 5593  prizes were won within 60 days after such winners have been
 5594  finally determined. The operator shall provide a copy of the
 5595  list of winners, without charge, to any person who requests it.
 5596  In lieu of the foregoing, the operator of a game promotion may,
 5597  at his or her option, publish the same information about the
 5598  winners in a Florida newspaper of general circulation within 60
 5599  days after such winners have been determined and shall provide
 5600  to the Department of Gaming Control Agriculture and Consumer
 5601  Services a certified copy of the publication containing the
 5602  information about the winners. The operator of a game promotion
 5603  is not required to notify a winner by mail or by telephone when
 5604  the winner is already in possession of a game card from which
 5605  the winner can determine that he or she has won a designated
 5606  prize. All winning entries shall be held by the operator for a
 5607  period of 90 days after the close or completion of the game.
 5608         (6) The Department of Gaming Control Agriculture and
 5609  Consumer Services shall keep the certified list of winners for a
 5610  period of at least 6 months after receipt of the certified list.
 5611  The department thereafter may dispose of all records and lists.
 5612         (7) No operator shall force, directly or indirectly, a
 5613  lessee, agent, or franchise dealer to purchase or participate in
 5614  any game promotion. For the purpose of this section, coercion or
 5615  force shall be presumed in these circumstances in which a course
 5616  of business extending over a period of 1 year or longer is
 5617  materially changed coincident with a failure or refusal of a
 5618  lessee, agent, or franchise dealer to participate in such game
 5619  promotions. Such force or coercion shall further be presumed
 5620  when an operator advertises generally that game promotions are
 5621  available at its lessee dealers or agent dealers.
 5622         (8)(a) The Department of Gaming Control Agriculture and
 5623  Consumer Services shall have the power to promulgate such rules
 5624  and regulations respecting the operation of game promotions as
 5625  it may deem advisable.
 5626         (b) Whenever the Department of Gaming Control Agriculture
 5627  and Consumer Services or the Department of Legal Affairs has
 5628  reason to believe that a game promotion is being operated in
 5629  violation of this section, it may bring an action in the circuit
 5630  court of any judicial circuit in which the game promotion is
 5631  being operated in the name and on behalf of the people of the
 5632  state against any operator thereof to enjoin the continued
 5633  operation of such game promotion anywhere within the state.
 5634         (9)(a) Any person, firm, or corporation, or association or
 5635  agent or employee thereof, who engages in any acts or practices
 5636  stated in this section to be unlawful, or who violates any of
 5637  the rules and regulations made pursuant to this section, is
 5638  guilty of a misdemeanor of the second degree, punishable as
 5639  provided in s. 775.082 or s. 775.083.
 5640         (b) Any person, firm, corporation, association, agent, or
 5641  employee who violates any provision of this section or any of
 5642  the rules and regulations made pursuant to this section shall be
 5643  liable for a civil penalty of not more than $1,000 for each such
 5644  violation, which shall accrue to the state and may be recovered
 5645  in a civil action brought by the Department of Gaming Control
 5646  Agriculture and Consumer Services or the Department of Legal
 5647  Affairs.
 5648         (10) This section does not apply to actions or transactions
 5649  regulated by the Department of Business and Professional
 5650  Regulation or to the activities of nonprofit organizations or to
 5651  any other organization engaged in any enterprise other than the
 5652  sale of consumer products or services. Subsections (3), (4),
 5653  (5), (6), and (7) and paragraph (8)(a) and any of the rules made
 5654  pursuant thereto do not apply to television or radio
 5655  broadcasting companies licensed by the Federal Communications
 5656  Commission.
 5657         Section 77. Section 849.12, Florida Statutes, is amended to
 5658  read:
 5659         849.12 Money and prizes to be forfeited.—All sums of money
 5660  and every other valuable thing drawn and won as a prize, or as a
 5661  share of a prize, or as a share, percentage or profit of the
 5662  principal promoter or operator, in any lottery, and all money,
 5663  currency or property of any kind to be disposed of, or offered
 5664  to be disposed of, by chance or device in any scheme or under
 5665  any pretext by any person, and all sums of money or other thing
 5666  of value received by any person by reason of her or his being
 5667  the owner or holder of any ticket or share of a ticket in a
 5668  lottery, or pretended lottery, or of a share or right in any
 5669  such schemes of chance or device and all sums of money and other
 5670  thing of value used in the setting up, conducting or operation
 5671  of a lottery, and all money or other thing of value at stake, or
 5672  used or displayed in or in connection with any illegal gambling
 5673  or any illegal gambling device contrary to the laws of this
 5674  state, shall be forfeited, and may be recovered by civil
 5675  proceedings, filed, or by action for money had and received, to
 5676  be brought by the Department of Gaming Control, the Department
 5677  of Legal Affairs, or any state attorney, or other prosecuting
 5678  officer, in the circuit courts in the name and on behalf of the
 5679  state; the same to be applied when collected as all other penal
 5680  forfeitures are disposed of.
 5681         Section 78. Section 849.48, Florida Statutes, is created to
 5682  read:
 5683         849.48 Gambling operator, manufacturer, distributor
 5684  licenses; application; qualifications; fees; renewal;
 5685  duplicates.—
 5686         (1)(a) Unless exempt under the rules of the Department of
 5687  Gaming Control, each person, firm, association, partnership, or
 5688  corporate entity that seeks to operate a gambling business or to
 5689  allow gambling to occur on its premises must obtain a license
 5690  from the department. Any person, firm, association, partnership,
 5691  or corporate entity owning, leasing, furnishing, manufacturing,
 5692  distributing, or operating gambling devices must obtain a
 5693  license from the Department of Gaming Control.
 5694         (b) An application for a license must be made on a form
 5695  adopted by rule of the department. The form must require the
 5696  applicant to set forth the name under which the applicant
 5697  transacts or intends to transact business, the address of the
 5698  location of the applicant’s place of business, and any other
 5699  information the department requires. If the applicant has, or
 5700  intends to have, more than one place of business where gambling
 5701  will occur or gambling devices will be located, a separate
 5702  application must be made for each place of business. If the
 5703  applicant is a firm, association, partnership, or corporate
 5704  entity, the application must set forth the names and addresses
 5705  of the persons owning more than 5 percent of, or exercising any
 5706  decisionmaking control over, the business. If the applicant is a
 5707  corporate entity, the application must additionally set forth
 5708  the names and addresses of the principal officers of the
 5709  corporation. The application must also set forth any other
 5710  information prescribed by the department for the purpose of
 5711  identifying the applicant, its owners, or its decisionmaking
 5712  principals. The application must be signed and verified by oath
 5713  or affirmation by the owner. If the owner is a firm,
 5714  association, or partnership, the application must be signed by
 5715  the members or partners thereof, or, if the owner is a corporate
 5716  entity, by a decisionmaking principal authorized by the entity
 5717  to sign the application, together with the written evidence of
 5718  the principal’s authority. The application must be accompanied
 5719  by the annual license fee prescribed by the department.
 5720         (c)Licenses shall be issued annually, upon payment of the
 5721  annual license fee prescribed by the department. The department
 5722  shall fix the fee in an amount sufficient to meet the costs of
 5723  carrying out its licensing, enforcement, and administrative
 5724  responsibilities under this chapter, but the fee may not exceed
 5725  $1,000. The proceeds of the fee shall be deposited into the
 5726  Department of Gaming Control Trust Fund.
 5727         (d) The holder of a license may renew the license each
 5728  year, on or before January 15, upon payment of the annual
 5729  license fee. A licensee that does not timely renew its license
 5730  must pay a delinquent renewal fee of $500 for each month or
 5731  portion of a month occurring after expiration, and before
 5732  renewal, of the license.
 5733         (e) The department may not grant an exemption from the
 5734  license fees prescribed in this subsection to any applicant.
 5735         (f) The department shall establish a procedural rule that,
 5736  to the greatest extent possible, provides for the Department of
 5737  Law Enforcement to conduct background investigations for the
 5738  initial licensing and licensing renewals.
 5739         (2)(a) A license may be issued only to a person who is at
 5740  least 18 years of age or to a corporation having officers who
 5741  are at least 18 years of age.
 5742         (b) The department may refuse to issue a license to:
 5743         1. Any person, firm, association, partnership, or corporate
 5744  entity whose license has been revoked by the department;
 5745         2. Any corporation having an officer whose license has been
 5746  revoked by the department; or
 5747         3. Any person who is or has been an officer of a
 5748  corporation whose license has been revoked by the department or
 5749  who is or has been an officer of a corporation whose license
 5750  relating to gambling activities has been revoked in another
 5751  jurisdiction.
 5752         (c) The department shall revoke any license issued to a
 5753  firm, association, partnership, or corporate entity that is
 5754  prohibited from licensure under this section.
 5755         (3) Upon approval of an application for a license, the
 5756  Department of Gaming Control shall issue to the applicant a
 5757  license for the place of business or premises specified in the
 5758  application. A license is not assignable and is valid only for
 5759  the person in whose name the license is issued and for the place
 5760  designated in the license. The license must be conspicuously
 5761  displayed at all times at the place for which issued.
 5762         (4) If a license has been destroyed or lost, the licensee
 5763  may apply to the Department of Gaming Control for the issuance
 5764  of a duplicate license. The department shall issue a duplicate
 5765  license upon payment of a $150 fee, which the department shall
 5766  deposit into the Department of Gaming Control Trust Fund.
 5767         Section 79. This act shall take effect October 1, 2011.

feedback