Bill Text: FL S7080 | 2021 | Regular Session | Comm Sub


Bill Title: Requirements for Pari-mutuel Permitholders to Conduct Racing or Games

Spectrum: Committee Bill

Status: (Introduced) 2021-04-30 - Died on Calendar [S7080 Detail]

Download: Florida-2021-S7080-Comm_Sub.html
       Florida Senate - 2021                             CS for SB 7080
       
       
        
       By the Committees on Appropriations; and Regulated Industries
       
       
       
       
       
       576-04247-21                                          20217080c1
    1                        A bill to be entitled                      
    2         An act relating to requirements for pari-mutuel
    3         permitholders to conduct racing or games; amending s.
    4         550.002, F.S.; revising and providing definitions;
    5         amending s. 550.0115, F.S.; conforming provisions to
    6         changes made by the act; amending s. 550.01215, F.S.;
    7         revising the application requirements for an operating
    8         license to conduct pari-mutuel wagering for a pari
    9         mutuel facility; prohibiting greyhound permitholders
   10         from conducting live racing; authorizing jai alai
   11         permitholders, harness horse racing permitholders, and
   12         quarter horse racing permitholders to elect not to
   13         conduct live racing or games; requiring certain
   14         thoroughbred permitholders to conduct live racing;
   15         specifying that certain permitholders that do not
   16         conduct live racing or games retain their permit and
   17         remain pari-mutuel facilities; specifying that, if
   18         such permitholder has been issued a slot machine
   19         license, the permitholder’s facility remains an
   20         eligible facility, continues to be eligible for a slot
   21         machine license, is exempt from certain provisions of
   22         ch. 551, F.S., is eligible to be a guest track, and,
   23         if the permitholder is a harness horse racing
   24         permitholder, is eligible to be a host track for
   25         intertrack wagering and simulcasting, and remains
   26         eligible for a cardroom license; prohibiting a
   27         permitholder or licensee from conducting live
   28         greyhound racing or dogracing in connection with any
   29         wager for money or any other thing of value in the
   30         state; providing administrative and civil penalties;
   31         prohibiting operating licenses from being issued
   32         unless a specified requirement is met; authorizing the
   33         Division of Pari-mutuel Wagering to approve a change
   34         in racing dates for certain permitholders if the
   35         request for a change is received before a specified
   36         date and under certain circumstances; deleting a
   37         provision authorizing the conversion of certain
   38         permits to a jai alai permit under certain
   39         circumstances; amending s. 550.0235, F.S.; conforming
   40         provisions to changes made by the act; amending s.
   41         550.0351, F.S.; deleting a provision relating to hound
   42         dog derbies and mutt derbies; amending s. 550.0425,
   43         F.S.; deleting a provision authorizing certain
   44         children to be granted access to kennel compound areas
   45         under certain circumstances; amending s. 550.054,
   46         F.S.; revising requirements to hold a permit for the
   47         operation of a pari-mutuel facility, cardroom, or slot
   48         machine facility; prohibiting new permits from being
   49         issued after a specified date; deleting provisions
   50         relating to the conversion of jai alai permits to
   51         greyhound racing permits; conforming provisions to
   52         changes made by the act; amending s. 550.09511, F.S.;
   53         deleting a provision relating to the payment of
   54         certain taxes and fees by jai alai permitholders
   55         conducting fewer than a specified number of live
   56         performances; amending s. 550.09512, F.S.; revising
   57         the circumstances for which a harness horse
   58         permitholder’s permit is voided for failing to pay
   59         certain taxes; amending ss. 550.105, 550.1155, and
   60         550.1647, F.S.; conforming provisions to changes made
   61         by the act; repealing s. 550.1648, F.S., relating to
   62         greyhound adoptions; amending ss. 550.175, 550.1815,
   63         and 550.24055, F.S.; conforming provisions to changes
   64         made by the act; amending s. 550.2415, F.S.; deleting
   65         provisions relating to the testing, euthanasia, and
   66         training of racing greyhounds; amending ss. 550.334
   67         and 550.3551, F.S.; conforming provisions to changes
   68         made by the act; amending s. 550.3615, F.S.;
   69         conforming provisions to changes made by the act;
   70         prohibiting a person convicted of bookmaking from
   71         attending or being admitted to a pari-mutuel facility;
   72         requiring pari-mutuel facility employees to notify
   73         certain persons of unlawful activities; providing
   74         civil penalties; requiring a permittee to display
   75         certain warnings relating to bookmaking at his or her
   76         pari-mutuel facility; revising applicability; amending
   77         s. 550.475, F.S.; revising provisions relating to
   78         leasing pari-mutuel facilities; amending s. 550.5251,
   79         F.S.; specifying that certain thoroughbred
   80         permitholders who have not filed an application to
   81         conduct specified thoroughbred racing meetings retain
   82         their permits and remain pari-mutuel facilities;
   83         specifying that, if such permitholder has been issued
   84         a slot machine license, the permitholder’s facility
   85         remains an eligible facility and continues to be
   86         eligible for a slot machine license; specifying that
   87         such permitholders are exempt from certain provisions
   88         of ch. 551, F.S., are eligible to be a guest track,
   89         and remain eligible for a cardroom license; amending
   90         s. 550.615, F.S.; revising requirements relating to
   91         intertrack wagering; specifying that greyhound
   92         permitholders are qualified to receive certain
   93         broadcasts and accept specified wagers; amending s.
   94         550.6305, F.S.; conforming provisions to changes made
   95         by the act; amending s. 550.6308, F.S.; revising
   96         requirements for a limited intertrack wagering
   97         license; revising requirements for intertrack
   98         wagering; deleting requirements for limited intertrack
   99         wagering licensees to make specified payments;
  100         amending s. 551.104, F.S.; conforming provisions to
  101         changes made by the act; amending s. 551.114, F.S.;
  102         revising requirements for the location of designated
  103         slot machine gaming areas; amending s. 565.02, F.S.;
  104         conforming provisions to changes made by the act;
  105         amending s. 849.086, F.S.; prohibiting a cardroom
  106         license from being issued to certain permitholders;
  107         conforming provisions to changes made by the act;
  108         reenacting ss. 380.0651(2)(c), 402.82(4)(c), and
  109         480.0475(1), F.S., relating to statewide guidelines,
  110         the electronic benefits transfer program, and massage
  111         establishments, respectively, to incorporate the
  112         amendments made to s. 550.002, F.S., in references
  113         thereto; providing a contingent effective date.
  114          
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Present subsections (24) through (28) of section
  118  550.002, Florida Statutes, are redesignated as subsections (25)
  119  through (29), respectively, a new subsection (24) is added to
  120  that section, and subsections (11), (17), (20), (21), (22),
  121  (23), and (31) and present subsections (26) and (29) of that
  122  section are amended, to read:
  123         550.002 Definitions.—As used in this chapter, the term:
  124         (11) “Full schedule of live racing or games” means, for a
  125  greyhound or jai alai permitholder, the conduct of a combination
  126  of at least 100 live evening or matinee performances during the
  127  preceding year; for a permitholder who has a converted permit or
  128  filed an application on or before June 1, 1990, for a converted
  129  permit, the conduct of a combination of at least 100 live
  130  evening and matinee wagering performances during either of the 2
  131  preceding years; for a jai alai permitholder who does not
  132  operate slot machines in its pari-mutuel facility, who has
  133  conducted at least 100 live performances per year for at least
  134  10 years after December 31, 1992, and whose handle on live jai
  135  alai games conducted at its pari-mutuel facility has been less
  136  than $4 million per state fiscal year for at least 2 consecutive
  137  years after June 30, 1992, the conduct of a combination of at
  138  least 40 live evening or matinee performances during the
  139  preceding year; for a jai alai permitholder who operates slot
  140  machines in its pari-mutuel facility, the conduct of a
  141  combination of at least 150 performances during the preceding
  142  year; for a harness permitholder, the conduct of at least 100
  143  live regular wagering performances during the preceding year;
  144  for a quarter horse permitholder at its facility unless an
  145  alternative schedule of at least 20 live regular wagering
  146  performances is agreed upon by the permitholder and either the
  147  Florida Quarter Horse Racing Association or the horsemen’s
  148  association representing the majority of the quarter horse
  149  owners and trainers at the facility and filed with the division
  150  along with its annual date application, in the 2010-2011 fiscal
  151  year, the conduct of at least 20 regular wagering performances,
  152  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
  153  least 30 live regular wagering performances, and for every
  154  fiscal year after the 2012-2013 fiscal year, the conduct of at
  155  least 40 live regular wagering performances; for a quarter horse
  156  permitholder leasing another licensed racetrack, the conduct of
  157  160 events at the leased facility; and for a thoroughbred
  158  permitholder, the conduct of at least 40 live regular wagering
  159  performances during the preceding year. For a permitholder which
  160  is restricted by statute to certain operating periods within the
  161  year when other members of its same class of permit are
  162  authorized to operate throughout the year, the specified number
  163  of live performances which constitute a full schedule of live
  164  racing or games shall be adjusted pro rata in accordance with
  165  the relationship between its authorized operating period and the
  166  full calendar year and the resulting specified number of live
  167  performances shall constitute the full schedule of live games
  168  for such permitholder and all other permitholders of the same
  169  class within 100 air miles of such permitholder. A live
  170  performance must consist of no fewer than eight races or games
  171  conducted live for each of a minimum of three performances each
  172  week at the permitholder’s licensed facility under a single
  173  admission charge.
  174         (17) “Intertrack wager” or “intertrack wagering” means a
  175  particular form of pari-mutuel wagering in which wagers are
  176  accepted at a permitted, in-state track, fronton, or pari-mutuel
  177  facility on a race or game transmitted from and performed live
  178  at, or simulcast signal rebroadcast from, another in-state pari
  179  mutuel facility.
  180         (20) “Meet” or “meeting” means the conduct of live racing
  181  or jai alai, or wagering on intertrack or simulcast events, for
  182  any stake, purse, prize, or premium.
  183         (21) “Operating day” means a continuous period of 24 hours
  184  starting with the beginning of the first performance of a race
  185  or game, even though the operating day may start during one
  186  calendar day and extend past midnight except that no greyhound
  187  race or jai alai game may commence after 1:30 a.m.
  188         (22) “Pari-mutuel” or “pari-mutuel wagering” means a system
  189  of betting on races or games in which the winners divide the
  190  total amount bet, after deducting management expenses and taxes,
  191  in proportion to the sums they have wagered individually and
  192  with regard to the odds assigned to particular outcomes.
  193         (23) “Pari-mutuel facility” means the grounds or property
  194  of a cardroom, racetrack, fronton, or other facility used by a
  195  licensed permitholder for the conduct of pari-mutuel wagering.
  196         (24)“Permitholder” or “permittee” means a holder of a
  197  permit to conduct pari-mutuel wagering in this state as
  198  authorized in this chapter.
  199         (27)(26) “Post time” means the time set for the arrival at
  200  the starting point of the horses or greyhounds in a race or the
  201  beginning of a game in jai alai.
  202         (29)“Racing greyhound” means a greyhound that is or was
  203  used, or is being bred, raised, or trained to be used, in racing
  204  at a pari-mutuel facility and is registered with the National
  205  Greyhound Association.
  206         (31) “Same class of races, games, or permit” means, with
  207  respect to a jai alai permitholder, jai alai games or other jai
  208  alai permitholders; with respect to a greyhound permitholder,
  209  greyhound races or other greyhound permitholders conducting
  210  pari-mutuel wagering; with respect to a thoroughbred
  211  permitholder, thoroughbred races or other thoroughbred
  212  permitholders; with respect to a harness permitholder, harness
  213  races or other harness permitholders; with respect to a quarter
  214  horse permitholder, quarter horse races or other quarter horse
  215  permitholders.
  216         Section 2. Section 550.0115, Florida Statutes, is amended
  217  to read:
  218         550.0115 Permitholder operating license.—After a permit has
  219  been issued by the division, and after the permit has been
  220  approved by election, the division shall issue to the
  221  permitholder an annual operating license to conduct pari-mutuel
  222  wagering operations at the location specified in the permit
  223  pursuant to the provisions of this chapter.
  224         Section 3. Section 550.01215, Florida Statutes, is amended
  225  to read:
  226         550.01215 License application; periods of operation;
  227  license fees; bond, conversion of permit.—
  228         (1) Each permitholder shall annually, during the period
  229  between December 15 and January 4, file in writing with the
  230  division its application for an operating a license for a pari
  231  mutuel facility for the conduct of pari-mutuel wagering during
  232  the next state fiscal year, including intertrack and simulcast
  233  race wagering to conduct performances during the next state
  234  fiscal year. Each application for live performances must shall
  235  specify the number, dates, and starting times of all live
  236  performances that which the permitholder intends to conduct. It
  237  must shall also specify which performances will be conducted as
  238  charity or scholarship performances.
  239         (a)In addition, Each application for an operating a
  240  license also must shall include:,
  241         1. For each permitholder, whether the permitholder intends
  242  to accept wagers on intertrack or simulcast events.
  243         2.For each permitholder that which elects to operate a
  244  cardroom, the dates and periods of operation the permitholder
  245  intends to operate the cardroom. or,
  246         3. For each thoroughbred racing permitholder that which
  247  elects to receive or rebroadcast out-of-state races after 7
  248  p.m., the dates for all performances that which the permitholder
  249  intends to conduct.
  250         (b)1.A greyhound permitholder may not conduct live racing.
  251  A jai alai permitholder, harness horse racing permitholder, or
  252  quarter horse racing permitholder may elect not to conduct live
  253  racing or games. Except as provided in s. 550.5251(1)(b), a
  254  thoroughbred permitholder must conduct live racing. A greyhound
  255  permitholder, jai alai permitholder, harness horse racing
  256  permitholder, or quarter horse racing permitholder that does not
  257  conduct live racing or games retains its permit; is a pari
  258  mutuel facility as defined in s. 550.002(23); if such
  259  permitholder has been issued a slot machine license, the
  260  facility where such permit is located remains an eligible
  261  facility as defined in s. 551.102(4), continues to be eligible
  262  for a slot machine license pursuant to s. 551.104(3), and is
  263  exempt from ss. 551.104(4)(c) and (10) and 551.114(2) and (4);
  264  is eligible, but not required, to be a guest track and, if the
  265  permitholder is a harness horse racing permitholder, to be a
  266  host track for purposes of intertrack wagering and simulcasting
  267  pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
  268  remains eligible for a cardroom license.
  269         2.A permitholder or licensee may not conduct live
  270  greyhound racing or dogracing in connection with any wager for
  271  money or any other thing of value in the state. The division may
  272  deny, suspend, or revoke any permit or license under this
  273  chapter if a permitholder or licensee conducts live greyhound
  274  racing or dogracing in violation of this subparagraph. In
  275  addition to, or in lieu of, denial, suspension, or revocation,
  276  the division may impose a civil penalty of up to $5,000 against
  277  the permitholder or licensee for a violation of this
  278  subparagraph. All penalties imposed and collected must be
  279  deposited with the Chief Financial Officer to the credit of the
  280  General Revenue Fund.
  281         (c) Permitholders may shall be entitled to amend their
  282  applications through February 28.
  283         (d)Notwithstanding any other provision of law, other than
  284  a permitholder issued a permit pursuant to s. 550.3345, a pari
  285  mutuel permitholder may not be issued an operating license for
  286  the conduct of pari-mutuel wagering, slot machine gaming, or the
  287  operation of a cardroom if the permitholder did not hold an
  288  operating license on January 1, 2021.
  289         (2) After the first license has been issued to a
  290  permitholder, all subsequent annual applications for a license
  291  shall be accompanied by proof, in such form as the division may
  292  by rule require, that the permitholder continues to possess the
  293  qualifications prescribed by this chapter, and that the permit
  294  has not been disapproved at a later election.
  295         (3) The division shall issue each license no later than
  296  March 15. Each permitholder shall operate all performances at
  297  the date and time specified on its license. The division shall
  298  have the authority to approve minor changes in racing dates
  299  after a license has been issued. The division may approve
  300  changes in racing dates after a license has been issued when
  301  there is no objection from any operating permitholder that is
  302  conducting live racing or games and that is located within 50
  303  miles of the permitholder requesting the changes in operating
  304  dates. In the event of an objection, the division shall approve
  305  or disapprove the change in operating dates based upon the
  306  impact on operating permitholders located within 50 miles of the
  307  permitholder requesting the change in operating dates. In making
  308  the determination to change racing dates, the division shall
  309  take into consideration the impact of such changes on state
  310  revenues. Notwithstanding any other provision of law, and for
  311  the 2021-2022 state fiscal year only, the division may approve
  312  changes in operating dates for a jai alai permitholder, harness
  313  horse racing permitholder, or quarter horse racing permitholder
  314  if the request for such changes is received before July 1, 2021.
  315         (4) In the event that a permitholder fails to operate all
  316  performances specified on its license at the date and time
  317  specified, the division shall hold a hearing to determine
  318  whether to fine or suspend the permitholder’s license, unless
  319  such failure was the direct result of fire, strike, war, or
  320  other disaster or event beyond the ability of the permitholder
  321  to control. Financial hardship to the permitholder shall not, in
  322  and of itself, constitute just cause for failure to operate all
  323  performances on the dates and at the times specified.
  324         (5) In the event that performances licensed to be operated
  325  by a permitholder are vacated, abandoned, or will not be used
  326  for any reason, any permitholder shall be entitled, pursuant to
  327  rules adopted by the division, to apply to conduct performances
  328  on the dates for which the performances have been abandoned. The
  329  division shall issue an amended license for all such replacement
  330  performances which have been requested in compliance with the
  331  provisions of this chapter and division rules.
  332         (6)Any permit which was converted from a jai alai permit
  333  to a greyhound permit may be converted to a jai alai permit at
  334  any time if the permitholder never conducted greyhound racing or
  335  if the permitholder has not conducted greyhound racing for a
  336  period of 12 consecutive months.
  337         Section 4. Section 550.0235, Florida Statutes, is amended
  338  to read:
  339         550.0235 Limitation of civil liability.—No permitholder
  340  licensed to conduct pari-mutuel wagering permittee conducting a
  341  racing meet pursuant to the provisions of this chapter; no
  342  division director or employee of the division; and no steward,
  343  judge, or other person appointed to act pursuant to this chapter
  344  shall be held liable to any person, partnership, association,
  345  corporation, or other business entity for any cause whatsoever
  346  arising out of, or from, the performance by such permittee,
  347  director, employee, steward, judge, or other person of her or
  348  his duties and the exercise of her or his discretion with
  349  respect to the implementation and enforcement of the statutes
  350  and rules governing the conduct of pari-mutuel wagering, so long
  351  as she or he acted in good faith. This section shall not limit
  352  liability in any situation in which the negligent maintenance of
  353  the premises or the negligent conduct of a race contributed to
  354  an accident; nor shall it limit any contractual liability.
  355         Section 5. Subsections (1) and (7) of section 550.0351,
  356  Florida Statutes, are amended to read:
  357         550.0351 Charity racing days.—
  358         (1) The division shall, upon the request of a permitholder,
  359  authorize each horseracing permitholder, dogracing permitholder,
  360  and jai alai permitholder up to five charity or scholarship days
  361  in addition to the regular racing days authorized by law.
  362         (7)In addition to the charity days authorized by this
  363  section, any dogracing permitholder may allow its facility to be
  364  used for conducting “hound dog derbies” or “mutt derbies” on any
  365  day during each racing season by any charitable, civic, or
  366  nonprofit organization for the purpose of conducting “hound dog
  367  derbies” or “mutt derbies” if only dogs other than those usually
  368  used in dogracing (greyhounds) are permitted to race and if
  369  adults and minors are allowed to participate as dog owners or
  370  spectators. During these racing events, betting, gambling, and
  371  the sale or use of alcoholic beverages is prohibited.
  372         Section 6. Subsection (4) of section 550.0425, Florida
  373  Statutes, is amended to read:
  374         550.0425 Minors attendance at pari-mutuel performances;
  375  restrictions.—
  376         (4)Minor children of licensed greyhound trainers, kennel
  377  operators, or other licensed persons employed in the kennel
  378  compound areas may be granted access to kennel compound areas
  379  without being licensed, provided they are in no way employed
  380  unless properly licensed, and only when under the direct
  381  supervision of one of their parents or legal guardian.
  382         Section 7. Subsections (2) and (14) of section 550.054,
  383  Florida Statutes, are amended to read:
  384         550.054 Application for permit to conduct pari-mutuel
  385  wagering.—
  386         (2) Upon each application filed and approved, a permit
  387  shall be issued to the applicant setting forth the name of the
  388  permitholder, the location of the pari-mutuel facility, the type
  389  of pari-mutuel activity desired to be conducted, and a statement
  390  showing qualifications of the applicant to conduct pari-mutuel
  391  performances under this chapter; however, a permit is
  392  ineffectual to authorize any pari-mutuel performances until
  393  approved by a majority of the electors participating in a
  394  ratification election in the county in which the applicant
  395  proposes to conduct pari-mutuel wagering activities. In
  396  addition, an application may not be considered, nor may a permit
  397  be issued by the division or be voted upon in any county, to
  398  conduct horseraces, harness horse races, or pari-mutuel wagering
  399  dograces at a location within 100 miles of an existing pari
  400  mutuel facility, or for jai alai within 50 miles of an existing
  401  pari-mutuel facility; this distance shall be measured on a
  402  straight line from the nearest property line of one pari-mutuel
  403  facility to the nearest property line of the other facility.
  404         (14)(a) Notwithstanding any other provision of law, a
  405  permit for the operation of a pari-mutuel facility, cardroom, or
  406  slot machine facility may only be held by permitholders with
  407  permits on January 1, 2021, and new permits may not be approved
  408  or issued after January 1, 2021.
  409         (b)Any holder of a permit to conduct jai alai may apply to
  410  the division to convert such permit to a permit to conduct
  411  greyhound racing in lieu of jai alai if:
  412         1.Such permit is located in a county in which the division
  413  has issued only two pari-mutuel permits pursuant to this
  414  section;
  415         2.Such permit was not previously converted from any other
  416  class of permit; and
  417         3.The holder of the permit has not conducted jai alai
  418  games during a period of 10 years immediately preceding his or
  419  her application for conversion under this subsection.
  420         (b) The division, upon application from the holder of a jai
  421  alai permit meeting all conditions of this section, shall
  422  convert the permit and shall issue to the permitholder a permit
  423  to conduct greyhound racing. A permitholder of a permit
  424  converted under this section shall be required to apply for and
  425  conduct a full schedule of live racing each fiscal year to be
  426  eligible for any tax credit provided by this chapter. The holder
  427  of a permit converted under former subsection (14) of this
  428  section, Florida Statutes 2020, pursuant to this subsection or
  429  any holder of a permit to conduct greyhound racing located in a
  430  county in which it is the only permit issued pursuant to this
  431  section who operates at a leased facility pursuant to s. 550.475
  432  may move the location for which the permit has been issued to
  433  another location within a 30-mile radius of the location fixed
  434  in the permit issued in that county, provided the move does not
  435  cross the county boundary and such location is approved under
  436  the zoning regulations of the county or municipality in which
  437  the permit is located, and upon such relocation may use the
  438  permit for the conduct of pari-mutuel wagering and the operation
  439  of a cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
  440  apply to any permit converted under former subsection (14) of
  441  this section, Florida Statutes 2020, this subsection and shall
  442  continue to apply to any permit which was previously included
  443  under and subject to such provisions before a conversion
  444  pursuant to this section occurred.
  445         Section 8. Subsection (4) of section 550.09511, Florida
  446  Statutes, is amended to read:
  447         550.09511 Jai alai taxes; abandoned interest in a permit
  448  for nonpayment of taxes.—
  449         (4)A jai alai permitholder conducting fewer than 100 live
  450  performances in any calendar year shall pay to the state the
  451  same aggregate amount of daily license fees on live jai alai
  452  games, admissions tax, and tax on live handle as that
  453  permitholder paid to the state during the most recent prior
  454  calendar year in which the jai alai permitholder conducted at
  455  least 100 live performances.
  456         Section 9. Paragraph (a) of subsection (3) of section
  457  550.09512, Florida Statutes, is amended to read:
  458         550.09512 Harness horse taxes; abandoned interest in a
  459  permit for nonpayment of taxes.—
  460         (3)(a) The permit of a harness horse permitholder who is
  461  conducting live harness horse performances and who does not pay
  462  tax on handle for any such live harness horse performances
  463  conducted for a full schedule of live races during any 2
  464  consecutive state fiscal years shall be void and may not be
  465  reissued shall escheat to and become the property of the state
  466  unless such failure to operate and pay tax on handle was the
  467  direct result of fire, strike, war, pandemic, or other disaster
  468  or event beyond the ability of the permitholder to control.
  469  Financial hardship to the permitholder shall not, in and of
  470  itself, constitute just cause for failure to operate and pay tax
  471  on handle.
  472         Section 10. Subsections (2) and (9) of section 550.105,
  473  Florida Statutes, are amended to read:
  474         550.105 Occupational licenses of racetrack employees; fees;
  475  denial, suspension, and revocation of license; penalties and
  476  fines.—
  477         (2)(a) The following licenses shall be issued to persons or
  478  entities with access to the backside, racing animals, jai alai
  479  players’ room, jockeys’ room, drivers’ room, totalisator room,
  480  the mutuels, or money room, or to persons who, by virtue of the
  481  position they hold, might be granted access to these areas or to
  482  any other person or entity in one of the following categories
  483  and with fees not to exceed the following amounts for any 12
  484  month period:
  485         1. Business licenses: any business such as a vendor,
  486  contractual concessionaire, contract kennel, business owning
  487  racing animals, trust or estate, totalisator company, stable
  488  name, or other fictitious name: $50.
  489         2. Professional occupational licenses: professional persons
  490  with access to the backside of a racetrack or players’ quarters
  491  in jai alai such as trainers, officials, veterinarians, doctors,
  492  nurses, EMT’s, jockeys and apprentices, drivers, jai alai
  493  players, owners, trustees, or any management or officer or
  494  director or shareholder or any other professional-level person
  495  who might have access to the jockeys’ room, the drivers’ room,
  496  the backside, racing animals, kennel compound, or managers or
  497  supervisors requiring access to mutuels machines, the money
  498  room, or totalisator equipment: $40.
  499         3. General occupational licenses: general employees with
  500  access to the jockeys’ room, the drivers’ room, racing animals,
  501  the backside of a racetrack or players’ quarters in jai alai,
  502  such as grooms, kennel helpers, leadouts, pelota makers, cesta
  503  makers, or ball boys, or a practitioner of any other occupation
  504  who would have access to the animals or, the backside, or the
  505  kennel compound, or who would provide the security or
  506  maintenance of these areas, or mutuel employees, totalisator
  507  employees, money-room employees, or any employee with access to
  508  mutuels machines, the money room, or totalisator equipment or
  509  who would provide the security or maintenance of these areas:
  510  $10.
  511  
  512  The individuals and entities that are licensed under this
  513  paragraph require heightened state scrutiny, including the
  514  submission by the individual licensees or persons associated
  515  with the entities described in this chapter of fingerprints for
  516  a Federal Bureau of Investigation criminal records check.
  517         (b) The division shall adopt rules pertaining to pari
  518  mutuel occupational licenses, licensing periods, and renewal
  519  cycles.
  520         (9) The tax imposed by this section is in lieu of all
  521  license, excise, or occupational taxes to the state or any
  522  county, municipality, or other political subdivision, except
  523  that, if a race meeting or game is held or conducted in a
  524  municipality, the municipality may assess and collect an
  525  additional tax against any person conducting live racing or
  526  games within its corporate limits, which tax may not exceed $150
  527  per day for horseracing or $50 per day for dogracing or jai
  528  alai. Except as provided in this chapter, a municipality may not
  529  assess or collect any additional excise or revenue tax against
  530  any person conducting race meetings within the corporate limits
  531  of the municipality or against any patron of any such person.
  532         Section 11. Section 550.1155, Florida Statutes, is amended
  533  to read:
  534         550.1155 Authority of stewards, judges, panel of judges, or
  535  player’s manager to impose penalties against occupational
  536  licensees; disposition of funds collected.—
  537         (1) The stewards at a horse racetrack; the judges at a dog
  538  track; or the judges, a panel of judges, or a player’s manager
  539  at a jai alai fronton may impose a civil penalty against any
  540  occupational licensee for violation of the pari-mutuel laws or
  541  any rule adopted by the division. The penalty may not exceed
  542  $1,000 for each count or separate offense or exceed 60 days of
  543  suspension for each count or separate offense.
  544         (2) All penalties imposed and collected pursuant to this
  545  section at each horse or dog racetrack or jai alai fronton shall
  546  be deposited into a board of relief fund established by the
  547  pari-mutuel permitholder. Each association shall name a board of
  548  relief composed of three of its officers, with the general
  549  manager of the permitholder being the ex officio treasurer of
  550  such board. Moneys deposited into the board of relief fund shall
  551  be disbursed by the board for the specific purpose of aiding
  552  occupational licenseholders and their immediate family members
  553  at each pari-mutuel facility.
  554         Section 12. Section 550.1647, Florida Statutes, is amended
  555  to read:
  556         550.1647 Greyhound permitholders; unclaimed tickets;
  557  breaks.—All money or other property represented by any
  558  unclaimed, uncashed, or abandoned pari-mutuel ticket which has
  559  remained in the custody of or under the control of any greyhound
  560  permitholder authorized to conduct greyhound racing pari-mutuel
  561  wagering pools in this state for a period of 1 year after the
  562  date the pari-mutuel ticket was issued, if the rightful owner or
  563  owners thereof have made no claim or demand for such money or
  564  other property within that period of time, shall, with respect
  565  to live races conducted by the permitholder, be remitted to the
  566  state pursuant to s. 550.1645; however, such permitholder shall
  567  be entitled to a credit in each state fiscal year in an amount
  568  equal to the actual amount remitted in the prior state fiscal
  569  year which may be applied against any taxes imposed pursuant to
  570  this chapter. In addition, each permitholder shall pay, from any
  571  source, including the proceeds from performances conducted
  572  pursuant to s. 550.0351, an amount not less than 10 percent of
  573  the amount of the credit provided by this section to any bona
  574  fide organization that promotes or encourages the adoption of
  575  greyhounds. As used in this chapter, the term “bona fide
  576  organization that promotes or encourages the adoption of
  577  greyhounds” means any organization that provides evidence of
  578  compliance with chapter 496 and possesses a valid exemption from
  579  federal taxation issued by the Internal Revenue Service. Such
  580  bona fide organization, as a condition of adoption, must provide
  581  sterilization of greyhounds by a licensed veterinarian before
  582  relinquishing custody of the greyhound to the adopter. The fee
  583  for sterilization may be included in the cost of adoption.
  584         Section 13. Section 550.1648, Florida Statutes, is
  585  repealed.
  586         Section 14. Section 550.175, Florida Statutes, is amended
  587  to read:
  588         550.175 Petition for election to revoke permit.—Upon
  589  petition of 20 percent of the qualified electors of any county
  590  wherein any pari-mutuel wagering racing has been licensed and
  591  conducted under this chapter, the county commissioners of such
  592  county shall provide for the submission to the electors of such
  593  county at the then next succeeding general election the question
  594  of whether any permit or permits theretofore granted shall be
  595  continued or revoked, and if a majority of the electors voting
  596  on such question in such election vote to cancel or recall the
  597  permit theretofore given, the division may not thereafter grant
  598  any license on the permit so recalled. Every signature upon
  599  every recall petition must be signed in the presence of the
  600  clerk of the board of county commissioners at the office of the
  601  clerk of the circuit court of the county, and the petitioner
  602  must present at the time of such signing her or his registration
  603  receipt showing the petitioner’s qualification as an elector of
  604  the county at the time of the signing of the petition. Not more
  605  than one permit may be included in any one petition; and, in all
  606  elections in which the recall of more than one permit is voted
  607  on, the voters shall be given an opportunity to vote for or
  608  against the recall of each permit separately. Nothing in this
  609  chapter shall be construed to prevent the holding of later
  610  referendum or recall elections.
  611         Section 15. Subsection (1) of section 550.1815, Florida
  612  Statutes, is amended to read:
  613         550.1815 Certain persons prohibited from holding racing or
  614  jai alai permits; suspension and revocation.—
  615         (1) A corporation, general or limited partnership, sole
  616  proprietorship, business trust, joint venture, or unincorporated
  617  association, or other business entity may not hold any
  618  horseracing or greyhound dogracing permit or jai alai fronton
  619  permit in this state if any one of the persons or entities
  620  specified in paragraph (a) has been determined by the division
  621  not to be of good moral character or has been convicted of any
  622  offense specified in paragraph (b).
  623         (a)1. The permitholder;
  624         2. An employee of the permitholder;
  625         3. The sole proprietor of the permitholder;
  626         4. A corporate officer or director of the permitholder;
  627         5. A general partner of the permitholder;
  628         6. A trustee of the permitholder;
  629         7. A member of an unincorporated association permitholder;
  630         8. A joint venturer of the permitholder;
  631         9. The owner of more than 5 percent of any equity interest
  632  in the permitholder, whether as a common shareholder, general or
  633  limited partner, voting trustee, or trust beneficiary; or
  634         10. An owner of any interest in the permit or permitholder,
  635  including any immediate family member of the owner, or holder of
  636  any debt, mortgage, contract, or concession from the
  637  permitholder, who by virtue thereof is able to control the
  638  business of the permitholder.
  639         (b)1. A felony in this state;
  640         2. Any felony in any other state which would be a felony if
  641  committed in this state under the laws of this state;
  642         3. Any felony under the laws of the United States;
  643         4. A felony under the laws of another state if related to
  644  gambling which would be a felony under the laws of this state if
  645  committed in this state; or
  646         5. Bookmaking as defined in s. 849.25.
  647         Section 16. Subsection (2) of section 550.24055, Florida
  648  Statutes, is amended to read:
  649         550.24055 Use of controlled substances or alcohol
  650  prohibited; testing of certain occupational licensees; penalty;
  651  evidence of test or action taken and admissibility for criminal
  652  prosecution limited.—
  653         (2) The occupational licensees, by applying for and holding
  654  such licenses, are deemed to have given their consents to submit
  655  to an approved chemical test of their breath for the purpose of
  656  determining the alcoholic content of their blood and to a urine
  657  or blood test for the purpose of detecting the presence of
  658  controlled substances. Such tests shall only be conducted upon
  659  reasonable cause that a violation has occurred as shall be
  660  determined solely by the stewards at a horseracing meeting or
  661  the judges or board of judges at a dogtrack or jai alai meet.
  662  The failure to submit to such test may result in a suspension of
  663  the person’s occupational license for a period of 10 days or
  664  until this section has been complied with, whichever is longer.
  665         (a) If there was at the time of the test 0.05 percent or
  666  less by weight of alcohol in the person’s blood, the person is
  667  presumed not to have been under the influence of alcoholic
  668  beverages to the extent that the person’s normal faculties were
  669  impaired, and no action of any sort may be taken by the
  670  stewards, judges, or board of judges or the division.
  671         (b) If there was at the time of the test an excess of 0.05
  672  percent but less than 0.08 percent by weight of alcohol in the
  673  person’s blood, that fact does not give rise to any presumption
  674  that the person was or was not under the influence of alcoholic
  675  beverages to the extent that the person’s faculties were
  676  impaired, but the stewards, judges, or board of judges may
  677  consider that fact in determining whether or not the person will
  678  be allowed to officiate or participate in any given race or jai
  679  alai game.
  680         (c) If there was at the time of the test 0.08 percent or
  681  more by weight of alcohol in the person’s blood, that fact is
  682  prima facie evidence that the person was under the influence of
  683  alcoholic beverages to the extent that the person’s normal
  684  faculties were impaired, and the stewards or judges may take
  685  action as set forth in this section, but the person may not
  686  officiate at or participate in any race or jai alai game on the
  687  day of such test.
  688  
  689  All tests relating to alcohol must be performed in a manner
  690  substantially similar, or identical, to the provisions of s.
  691  316.1934 and rules adopted pursuant to that section. Following a
  692  test of the urine or blood to determine the presence of a
  693  controlled substance as defined in chapter 893, if a controlled
  694  substance is found to exist, the stewards, judges, or board of
  695  judges may take such action as is permitted in this section.
  696         Section 17. Paragraph (d) of subsection (5), paragraphs (b)
  697  and (c) of subsection (6), paragraph (a) of subsection (9), and
  698  subsection (13) of section 550.2415, Florida Statutes, are
  699  amended to read:
  700         550.2415 Racing of animals under certain conditions
  701  prohibited; penalties; exceptions.—
  702         (5) The division shall implement a split-sample procedure
  703  for testing animals under this section.
  704         (d)For the testing of a racing greyhound, if there is an
  705  insufficient quantity of the secondary (split) sample for
  706  confirmation of the division laboratory’s positive result, the
  707  division may commence administrative proceedings as prescribed
  708  in this chapter and consistent with chapter 120.
  709         (6)
  710         (b)The division shall, by rule, establish the procedures
  711  for euthanizing greyhounds. However, a greyhound may not be put
  712  to death by any means other than by lethal injection of the drug
  713  sodium pentobarbital. A greyhound may not be removed from this
  714  state for the purpose of being destroyed.
  715         (c)It is a violation of this chapter for an occupational
  716  licensee to train a greyhound using live or dead animals. A
  717  greyhound may not be taken from this state for the purpose of
  718  being trained through the use of live or dead animals.
  719         (9)(a) The division may conduct a postmortem examination of
  720  any animal that is injured at a permitted racetrack while in
  721  training or in competition and that subsequently expires or is
  722  destroyed. The division may conduct a postmortem examination of
  723  any animal that expires while housed at a permitted racetrack,
  724  association compound, or licensed kennel or farm. Trainers and
  725  owners shall be requested to comply with this paragraph as a
  726  condition of licensure.
  727         (13)The division may implement by rule medication levels
  728  for racing greyhounds recommended by the University of Florida
  729  College of Veterinary Medicine developed pursuant to an
  730  agreement between the Division of Pari-mutuel Wagering and the
  731  University of Florida College of Veterinary Medicine. The
  732  University of Florida College of Veterinary Medicine may provide
  733  written notification to the division that it has completed
  734  research or review on a particular drug pursuant to the
  735  agreement and when the College of Veterinary Medicine has
  736  completed a final report of its findings, conclusions, and
  737  recommendations to the division.
  738         Section 18. Subsection (8) of section 550.334, Florida
  739  Statutes, is amended to read
  740         550.334 Quarter horse racing; substitutions.—
  741         (8) To be eligible to conduct intertrack wagering, a
  742  quarter horse racing permitholder must have conducted a full
  743  schedule of live racing in the preceding year.
  744         Section 19. Subsections (2) and (4), paragraph (a) of
  745  subsection (6), and subsection (11) of section 550.3551, Florida
  746  Statutes, are amended to read:
  747         550.3551 Transmission of racing and jai alai information;
  748  commingling of pari-mutuel pools.—
  749         (2) Any horse track, dog track, or fronton licensed under
  750  this chapter may transmit broadcasts of races or games conducted
  751  at the enclosure of the licensee to locations outside this
  752  state.
  753         (a) All broadcasts of horseraces transmitted to locations
  754  outside this state must comply with the provisions of the
  755  Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
  756  3001 et seq.
  757         (b) Wagers accepted by any out-of-state pari-mutuel
  758  permitholder or licensed betting system on a race broadcasted
  759  under this subsection may be, but are not required to be,
  760  included in the pari-mutuel pools of the horse track in this
  761  state that broadcasts the race upon which wagers are accepted.
  762  The handle, as referred to in s. 550.0951(3), does not include
  763  any wagers accepted by an out-of-state pari-mutuel permitholder
  764  or licensed betting system, irrespective of whether such wagers
  765  are included in the pari-mutuel pools of the Florida
  766  permitholder as authorized by this subsection.
  767         (4) Any greyhound permitholder or jai alai permitholder dog
  768  track or fronton licensed under this chapter may receive at its
  769  licensed location broadcasts of dograces or jai alai games
  770  conducted at other tracks or frontons located outside the state
  771  at the track enclosure of the licensee during its operational
  772  meeting. All forms of pari-mutuel wagering are allowed on
  773  dograces or jai alai games broadcast under this subsection. All
  774  money wagered by patrons on dograces broadcast under this
  775  subsection shall be computed in the amount of money wagered each
  776  performance for purposes of taxation under ss. 550.0951 and
  777  550.09511.
  778         (6)(a) A maximum of 20 percent of the total number of races
  779  on which wagers are accepted by a greyhound permitholder not
  780  located as specified in s. 550.615(6) may be received from
  781  locations outside this state. A permitholder conducting live
  782  races or games may not conduct fewer than eight live races or
  783  games on any authorized race day except as provided in this
  784  subsection. A thoroughbred permitholder may not conduct fewer
  785  than eight live races on any race day without the written
  786  approval of the Florida Thoroughbred Breeders’ Association and
  787  the Florida Horsemen’s Benevolent and Protective Association,
  788  Inc., unless it is determined by the department that another
  789  entity represents a majority of the thoroughbred racehorse
  790  owners and trainers in the state. If conducting live racing, a
  791  harness permitholder may conduct fewer than eight live races on
  792  any authorized race day., except that such permitholder must
  793  conduct a full schedule of live racing during its race meet
  794  consisting of at least eight live races per authorized race day
  795  for at least 100 days. Any harness horse permitholder that
  796  during the preceding racing season conducted a full schedule of
  797  live racing may, at any time during its current race meet,
  798  receive full-card broadcasts of harness horse races conducted at
  799  harness racetracks outside this state at the harness track of
  800  the permitholder and accept wagers on such harness races. With
  801  specific authorization from the division for special racing
  802  events, a permitholder may conduct fewer than eight live races
  803  or games when the permitholder also broadcasts out-of-state
  804  races or games. The division may not grant more than two such
  805  exceptions a year for a permitholder in any 12-month period, and
  806  those two exceptions may not be consecutive.
  807         (11) Greyhound permitholders tracks and jai alai
  808  permitholders frontons have the same privileges as provided in
  809  this section to horserace permitholders horse tracks, as
  810  applicable, subject to rules adopted under subsection (10).
  811         Section 20. Subsections (1), (3), (4), (5), and (6) of
  812  section 550.3615, Florida Statutes, are amended to read:
  813         550.3615 Bookmaking on the grounds of a permitholder;
  814  penalties; reinstatement; duties of track employees; penalty;
  815  exceptions.—
  816         (1) Any person who engages in bookmaking, as defined in s.
  817  849.25, on the grounds or property of a pari-mutuel facility
  818  commits permitholder of a horse or dog track or jai alai fronton
  819  is guilty of a felony of the third degree, punishable as
  820  provided in s. 775.082, s. 775.083, or s. 775.084.
  821  Notwithstanding the provisions of s. 948.01, any person
  822  convicted under the provisions of this subsection shall not have
  823  adjudication of guilt suspended, deferred, or withheld.
  824         (3) Any person who has been convicted of bookmaking in this
  825  state or any other state of the United States or any foreign
  826  country shall be denied admittance to and shall not attend any
  827  pari-mutuel facility racetrack or fronton in this state during
  828  its racing seasons or operating dates, including any practice or
  829  preparational days, for a period of 2 years after the date of
  830  conviction or the date of final appeal. Following the conclusion
  831  of the period of ineligibility, the director of the division may
  832  authorize the reinstatement of an individual following a hearing
  833  on readmittance. Any such person who knowingly violates this
  834  subsection commits is guilty of a misdemeanor of the first
  835  degree, punishable as provided in s. 775.082 or s. 775.083.
  836         (4) If the activities of a person show that this law is
  837  being violated, and such activities are either witnessed or are
  838  common knowledge by any pari-mutuel facility track or fronton
  839  employee, it is the duty of that employee to bring the matter to
  840  the immediate attention of the permitholder, manager, or her or
  841  his designee, who shall notify a law enforcement agency having
  842  jurisdiction. Willful failure by the pari-mutuel facility on the
  843  part of any track or fronton employee to comply with the
  844  provisions of this subsection is a ground for the division to
  845  suspend or revoke that employee’s license for pari-mutuel
  846  facility track or fronton employment.
  847         (5) Each permittee shall display, in conspicuous places at
  848  a pari-mutuel facility track or fronton and in all race and jai
  849  alai daily programs, a warning to all patrons concerning the
  850  prohibition and penalties of bookmaking contained in this
  851  section and s. 849.25. The division shall adopt rules concerning
  852  the uniform size of all warnings and the number of placements
  853  throughout a pari-mutuel facility track or fronton. Failure on
  854  the part of the permittee to display such warnings may result in
  855  the imposition of a $500 fine by the division for each offense.
  856         (6) This section does not apply to any person attending a
  857  track or fronton or employed by or attending a pari-mutuel
  858  facility a track or fronton who places a bet through the
  859  legalized pari-mutuel pool for another person, provided such
  860  service is rendered gratuitously and without fee or other
  861  reward.
  862         Section 21. Section 550.475, Florida Statutes, is amended
  863  to read:
  864         550.475 Lease of pari-mutuel facilities by pari-mutuel
  865  permitholders.—Holders of valid pari-mutuel permits for the
  866  conduct of any pari-mutuel wagering jai alai games, dogracing,
  867  or thoroughbred and standardbred horse racing in this state are
  868  entitled to lease any and all of their facilities to any other
  869  holder of a same class valid pari-mutuel permit for jai alai
  870  games, dogracing, or thoroughbred or standardbred horse racing,
  871  when located within a 35-mile radius of each other; and such
  872  lessee is entitled to a permit and license to conduct intertrack
  873  wagering and operate its race meet or jai alai games at the
  874  leased premises.
  875         Section 22. Subsection (1) of section 550.5251, Florida
  876  Statutes, is amended to read:
  877         550.5251 Florida thoroughbred racing; certain permits;
  878  operating days.—
  879         (1)(a) Each thoroughbred permitholder shall annually,
  880  during the period commencing December 15 of each year and ending
  881  January 4 of the following year, file in writing with the
  882  division its application to conduct one or more thoroughbred
  883  racing meetings during the thoroughbred racing season commencing
  884  on the following July 1. Each application shall specify the
  885  number and dates of all performances that the permitholder
  886  intends to conduct during that thoroughbred racing season. On or
  887  before March 15 of each year, the division shall issue a license
  888  authorizing each permitholder to conduct performances on the
  889  dates specified in its application. Up to February 28 of each
  890  year, each permitholder may request and shall be granted changes
  891  in its authorized performances; but thereafter, as a condition
  892  precedent to the validity of its license and its right to retain
  893  its permit, each permitholder must operate the full number of
  894  days authorized on each of the dates set forth in its license.
  895         (b)A thoroughbred permitholder that has conducted live
  896  racing for at least 5 years prior to July 1, 2020, and that has
  897  not filed with the division an application to conduct one or
  898  more thoroughbred racing meetings under this section for the
  899  thoroughbred racing season commencing July 1, 2021, retains its
  900  permit; is a pari-mutuel facility as defined in s. 550.002(23);
  901  if such permitholder has been issued a slot machine license, the
  902  facility where such permit is located remains an eligible
  903  facility as defined in s. 551.102(4), continues to be eligible
  904  for a slot machine license pursuant to s. 551.104(3), and is
  905  exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
  906  eligible, but not required, to be a guest track; and remains
  907  eligible for a cardroom license.
  908         Section 23. Subsections (2) and (8) of section 550.615,
  909  Florida Statutes, are amended, and subsection (11) is added to
  910  that section, to read:
  911         550.615 Intertrack wagering.—
  912         (2) A pari-mutuel permitholder that has met the applicable
  913  requirement for that permitholder to conduct live racing or
  914  games under s. 550.01215(1)(b), if any, on January 1, 2021, Any
  915  track or fronton licensed under this chapter which in the
  916  preceding year conducted a full schedule of live racing is
  917  qualified to, at any time, receive broadcasts of any class of
  918  pari-mutuel race or game and accept wagers on such races or
  919  games conducted by any class of permitholders licensed under
  920  this chapter.
  921         (8) In any three contiguous counties of the state where
  922  there are only three permitholders, all of which are greyhound
  923  permitholders, if any permitholder leases the facility of
  924  another permitholder for all or any portion of the conduct of
  925  its live race meet pursuant to s. 550.475, such lessee may
  926  conduct intertrack wagering at its pre-lease permitted facility
  927  throughout the entire year, including while its live meet is
  928  being conducted at the leased facility, if such permitholder has
  929  conducted a full schedule of live racing during the preceding
  930  fiscal year at its pre-lease permitted facility or at a leased
  931  facility, or combination thereof.
  932         (11)Any greyhound permitholder licensed under this chapter
  933  to conduct pari-mutuel wagering is qualified to, at any time,
  934  receive broadcasts of any class of pari-mutuel race or game and
  935  accept wagers on such races or games conducted by any class of
  936  permitholders licensed under this chapter.
  937         Section 24. Subsection (2) of section 550.6305, Florida
  938  Statutes, is amended to read:
  939         550.6305 Intertrack wagering; guest track payments;
  940  accounting rules.—
  941         (2) For the purposes of calculation of odds and payoffs and
  942  distribution of the pari-mutuel pools, all intertrack wagers
  943  shall be combined with the pari-mutuel pools at the host track.
  944  Notwithstanding this subsection or subsection (4), a greyhound
  945  pari-mutuel permitholder may conduct intertrack wagering without
  946  combining pari-mutuel pools on not more than three races in any
  947  week, not to exceed 20 races in a year. All other provisions
  948  concerning pari-mutuel takeout and payments, including state tax
  949  payments, apply as if the pool had been combined.
  950         Section 25. Subsections (1), (4), and (5) of section
  951  550.6308, Florida Statutes, are amended to read:
  952         550.6308 Limited intertrack wagering license.—In
  953  recognition of the economic importance of the thoroughbred
  954  breeding industry to this state, its positive impact on tourism,
  955  and of the importance of a permanent thoroughbred sales facility
  956  as a key focal point for the activities of the industry, a
  957  limited license to conduct intertrack wagering is established to
  958  ensure the continued viability and public interest in
  959  thoroughbred breeding in Florida.
  960         (1) Upon application to the division on or before January
  961  31 of each year, any person that is licensed to conduct public
  962  sales of thoroughbred horses pursuant to s. 535.01 and, that has
  963  conducted at least 8 15 days of thoroughbred horse sales at a
  964  permanent sales facility in this state for at least 3
  965  consecutive years, and that has conducted at least 1 day of
  966  nonwagering thoroughbred racing in this state, with a purse
  967  structure of at least $250,000 per year for 2 consecutive years
  968  before such application, shall be issued a license, subject to
  969  the conditions set forth in this section, to conduct intertrack
  970  wagering at such a permanent sales facility during the following
  971  periods:
  972         (a) Up to 21 days in connection with thoroughbred sales;
  973         (b) Between November 1 and May 8;
  974         (c) Between May 9 and October 31 at such times and on such
  975  days as any thoroughbred, jai alai, or a greyhound permitholder
  976  in the same county is not conducting live performances; provided
  977  that any such permitholder may waive this requirement, in whole
  978  or in part, and allow the licensee under this section to conduct
  979  intertrack wagering during one or more of the permitholder’s
  980  live performances; and
  981         (d) During the weekend of the Kentucky Derby, the
  982  Preakness, the Belmont, and a Breeders’ Cup Meet that is
  983  conducted before November 1 and after May 8.
  984  
  985  No more than one such license may be issued, and no such license
  986  may be issued for a facility located within 50 miles of any for
  987  profit thoroughbred permitholder’s track.
  988         (4) Intertrack wagering under this section may be conducted
  989  only on thoroughbred horse racing, except that intertrack
  990  wagering may be conducted on any class of pari-mutuel race or
  991  game conducted by any class of permitholders licensed under this
  992  chapter if all thoroughbred, jai alai, and greyhound
  993  permitholders in the same county as the licensee under this
  994  section give their consent.
  995         (5) The licensee shall be considered a guest track under
  996  this chapter. The licensee shall pay 2.5 percent of the total
  997  contributions to the daily pari-mutuel pool on wagers accepted
  998  at the licensee’s facility on greyhound races or jai alai games
  999  to the thoroughbred permitholder that is conducting live races
 1000  for purses to be paid during its current racing meet. If more
 1001  than one thoroughbred permitholder is conducting live races on a
 1002  day during which the licensee is conducting intertrack wagering
 1003  on greyhound races or jai alai games, the licensee shall
 1004  allocate these funds between the operating thoroughbred
 1005  permitholders on a pro rata basis based on the total live handle
 1006  at the operating permitholders’ facilities.
 1007         Section 26. Paragraph (c) of subsection (4) of section
 1008  551.104, Florida Statutes, is amended to read:
 1009         551.104 License to conduct slot machine gaming.—
 1010         (4) As a condition of licensure and to maintain continued
 1011  authority for the conduct of slot machine gaming, the slot
 1012  machine licensee shall:
 1013         (c) If a thoroughbred permitholder, conduct no fewer than a
 1014  full schedule of live racing or games as defined in s.
 1015  550.002(11). A permitholder’s responsibility to conduct such
 1016  number of live races or games shall be reduced by the number of
 1017  races or games that could not be conducted due to the direct
 1018  result of fire, war, hurricane, or other disaster or event
 1019  beyond the control of the permitholder.
 1020         Section 27. Subsection (4) of section 551.114, Florida
 1021  Statutes, is amended to read:
 1022         551.114 Slot machine gaming areas.—
 1023         (4) Designated slot machine gaming areas must may be
 1024  located at the address specified in the licensed permitholder’s
 1025  slot machine license issued for fiscal year 2020-2021 within the
 1026  current live gaming facility or in an existing building that
 1027  must be contiguous and connected to the live gaming facility. If
 1028  a designated slot machine gaming area is to be located in a
 1029  building that is to be constructed, that new building must be
 1030  contiguous and connected to the live gaming facility.
 1031         Section 28. Subsection (5) of section 565.02, Florida
 1032  Statutes, is amended to read:
 1033         565.02 License fees; vendors; clubs; caterers; and others.—
 1034         (5) A caterer at a pari-mutuel facility licensed under
 1035  chapter 550 horse or dog racetrack or jai alai fronton may
 1036  obtain a license upon the payment of an annual state license tax
 1037  of $675. Such caterer’s license shall permit sales only within
 1038  the enclosure in which pari-mutuel wagering is conducted such
 1039  races or jai alai games are conducted, and such licensee shall
 1040  be permitted to sell only during the period beginning 10 days
 1041  before and ending 10 days after racing or jai alai under the
 1042  authority of the Division of Pari-mutuel Wagering of the
 1043  Department of Business and Professional Regulation is conducted
 1044  at such racetrack or jai alai fronton. Except as in this
 1045  subsection otherwise provided, caterers licensed hereunder shall
 1046  be treated as vendors licensed to sell by the drink the
 1047  beverages mentioned herein and shall be subject to all the
 1048  provisions hereof relating to such vendors.
 1049         Section 29. Subsection (5) and paragraph (d) of subsection
 1050  (13) of section 849.086, Florida Statutes, are amended to read:
 1051         849.086 Cardrooms authorized.—
 1052         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 1053  operate a cardroom in this state unless such person holds a
 1054  valid cardroom license issued pursuant to this section.
 1055         (a) Only those persons holding a valid cardroom license
 1056  issued by the division may operate a cardroom. A cardroom
 1057  license may only be issued to a licensed pari-mutuel
 1058  permitholder and an authorized cardroom may only be operated at
 1059  the same facility at which the permitholder is authorized under
 1060  its valid pari-mutuel wagering permit to conduct pari-mutuel
 1061  wagering activities. An initial cardroom license shall be issued
 1062  to a pari-mutuel permitholder only after its facilities are in
 1063  place and after it conducts its first day of pari-mutuel
 1064  activities on live racing or games.
 1065         (b) After the initial cardroom license is granted, the
 1066  application for the annual license renewal shall be made in
 1067  conjunction with the applicant’s annual application for its
 1068  pari-mutuel license. If a permitholder has operated a cardroom
 1069  during any of the 3 previous fiscal years and fails to include a
 1070  renewal request for the operation of the cardroom in its annual
 1071  application for license renewal, the permitholder may amend its
 1072  annual application to include operation of the cardroom.
 1073         (c)Notwithstanding any other provision of law, a cardroom
 1074  license may not be issued to any permitholder that did not hold
 1075  a valid pari-mutuel wagering permit on January 1, 2021. In order
 1076  for a cardroom license to be renewed for a thoroughbred
 1077  permitholder, the applicant must have requested, as part of its
 1078  pari-mutuel annual license application, to conduct at least 90
 1079  percent of the total number of live performances conducted by
 1080  such permitholder during either the state fiscal year in which
 1081  its initial cardroom license was issued or the state fiscal year
 1082  immediately prior thereto if the permitholder ran at least a
 1083  full schedule of live racing or games in the prior year. If the
 1084  application is for a harness permitholder cardroom, the
 1085  applicant must have requested authorization to conduct a minimum
 1086  of 140 live performances during the state fiscal year
 1087  immediately prior thereto. If more than one permitholder is
 1088  operating at a facility, each permitholder must have applied for
 1089  a license to conduct a full schedule of live racing.
 1090         (d)(c) Persons seeking a license or a renewal thereof to
 1091  operate a cardroom shall make application on forms prescribed by
 1092  the division. Applications for cardroom licenses shall contain
 1093  all of the information the division, by rule, may determine is
 1094  required to ensure eligibility.
 1095         (e)(d) The annual cardroom license fee for each facility
 1096  shall be $1,000 for each table to be operated at the cardroom.
 1097  The license fee shall be deposited by the division with the
 1098  Chief Financial Officer to the credit of the Pari-mutuel
 1099  Wagering Trust Fund.
 1100         (13) TAXES AND OTHER PAYMENTS.—
 1101         (d)1. Each greyhound and jai alai permitholder that
 1102  conducts live performances and operates a cardroom facility
 1103  shall use at least 4 percent of such permitholder’s cardroom
 1104  monthly gross receipts to supplement greyhound purses or jai
 1105  alai prize money, respectively, during the permitholder’s next
 1106  ensuing pari-mutuel meet.
 1107         2. Each thoroughbred permitholder or and harness horse
 1108  racing permitholder that conducts live performances and operates
 1109  a cardroom facility shall use at least 50 percent of such
 1110  permitholder’s cardroom monthly net proceeds as follows: 47
 1111  percent to supplement purses and 3 percent to supplement
 1112  breeders’ awards during the permitholder’s next ensuing racing
 1113  meet.
 1114         3. No cardroom license or renewal thereof shall be issued
 1115  to an applicant holding a permit under chapter 550 to conduct
 1116  pari-mutuel wagering meets of quarter horse racing and
 1117  conducting live performances unless the applicant has on file
 1118  with the division a binding written agreement between the
 1119  applicant and the Florida Quarter Horse Racing Association or
 1120  the association representing a majority of the horse owners and
 1121  trainers at the applicant’s eligible facility, governing the
 1122  payment of purses on live quarter horse races conducted at the
 1123  licensee’s pari-mutuel facility. The agreement governing purses
 1124  may direct the payment of such purses from revenues generated by
 1125  any wagering or gaming the applicant is authorized to conduct
 1126  under Florida law. All purses shall be subject to the terms of
 1127  chapter 550.
 1128         Section 30. For the purpose of incorporating the amendment
 1129  made by this act to section 550.002, Florida Statutes, in a
 1130  reference thereto, paragraph (c) of subsection (2) of section
 1131  380.0651, Florida Statutes, is reenacted to read:
 1132         380.0651 Statewide guidelines, standards, and exemptions.—
 1133         (2) STATUTORY EXEMPTIONS.—The following developments are
 1134  exempt from s. 380.06:
 1135         (c) Any proposed addition to an existing sports facility
 1136  complex if the addition meets the following characteristics:
 1137         1. It would not operate concurrently with the scheduled
 1138  hours of operation of the existing facility;
 1139         2. Its seating capacity would be no more than 75 percent of
 1140  the capacity of the existing facility; and
 1141         3. The sports facility complex property was owned by a
 1142  public body before July 1, 1983.
 1143  
 1144  This exemption does not apply to any pari-mutuel facility as
 1145  defined in s. 550.002.
 1146  
 1147  If a use is exempt from review pursuant to paragraphs (a)-(u),
 1148  but will be part of a larger project that is subject to review
 1149  pursuant to s. 380.06(12), the impact of the exempt use must be
 1150  included in the review of the larger project, unless such exempt
 1151  use involves a development that includes a landowner, tenant, or
 1152  user that has entered into a funding agreement with the state
 1153  land planning agency under the Innovation Incentive Program and
 1154  the agreement contemplates a state award of at least $50
 1155  million.
 1156         Section 31. For the purpose of incorporating the amendment
 1157  made by this act to section 550.002, Florida Statutes, in a
 1158  reference thereto, paragraph (c) of subsection (4) of section
 1159  402.82, Florida Statutes, is reenacted to read:
 1160         402.82 Electronic benefits transfer program.—
 1161         (4) Use or acceptance of an electronic benefits transfer
 1162  card is prohibited at the following locations or for the
 1163  following activities:
 1164         (c) A pari-mutuel facility as defined in s. 550.002.
 1165         Section 32. For the purpose of incorporating the amendment
 1166  made by this act to section 550.002, Florida Statutes, in a
 1167  reference thereto, subsection (1) of section 480.0475, Florida
 1168  Statutes, is reenacted to read:
 1169         480.0475 Massage establishments; prohibited practices.—
 1170         (1) A person may not operate a massage establishment
 1171  between the hours of midnight and 5 a.m. This subsection does
 1172  not apply to a massage establishment:
 1173         (a) Located on the premises of a health care facility as
 1174  defined in s. 408.07; a health care clinic as defined in s.
 1175  400.9905(4); a hotel, motel, or bed and breakfast inn, as those
 1176  terms are defined in s. 509.242; a timeshare property as defined
 1177  in s. 721.05; a public airport as defined in s. 330.27; or a
 1178  pari-mutuel facility as defined in s. 550.002;
 1179         (b) In which every massage performed between the hours of
 1180  midnight and 5 a.m. is performed by a massage therapist acting
 1181  under the prescription of a physician or physician assistant
 1182  licensed under chapter 458, an osteopathic physician or
 1183  physician assistant licensed under chapter 459, a chiropractic
 1184  physician licensed under chapter 460, a podiatric physician
 1185  licensed under chapter 461, an advanced practice registered
 1186  nurse licensed under part I of chapter 464, or a dentist
 1187  licensed under chapter 466; or
 1188         (c) Operating during a special event if the county or
 1189  municipality in which the establishment operates has approved
 1190  such operation during the special event.
 1191         Section 33. This act shall take effect July 1, 2021, but
 1192  only if SB 7076 or similar legislation takes effect, if such
 1193  legislation is adopted in the same legislative session or an
 1194  extension thereof and becomes a law.

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