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 - Dead) 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.
