Florida Senate - 2011                                     SB 666
       
       
       
       By Senator Ring
       
       
       
       
       32-00167B-11                                           2011666__
    1                        A bill to be entitled                      
    2         An act relating to governmental reorganization;
    3         transferring and reassigning certain functions and
    4         responsibilities, including records, personnel,
    5         property, and unexpended balances of appropriations
    6         and other resources, from the Division of Pari-mutuel
    7         Wagering of the Department of Business and
    8         Professional Regulation to the Department of Gaming
    9         Control; transferring certain trust funds from the
   10         Department of Business and Professional Regulation to
   11         the Department of Gaming Control; amending s. 11.905,
   12         F.S.; providing for the review of the Department of
   13         Gaming Control; amending s. 20.165, F.S.; deleting the
   14         Division of Pari-mutuel Wagering within the Department
   15         of Business and Professional Regulation; creating s.
   16         20.318, F.S.; establishing the Department of Gaming
   17         Control; designating the Governor and Cabinet as the
   18         Gaming Commission and head of the department; defining
   19         terms; specifying powers and duties of the department;
   20         requiring the department to issue advisory opinions
   21         under certain circumstances; authorizing the
   22         department to employ law enforcement officers;
   23         requiring the department to assist the Department of
   24         Revenue for the benefit of financially dependent
   25         children; amending s. 120.80, F.S.; deleting certain
   26         exceptions and special requirements regarding hearings
   27         applicable to the Department of Business and
   28         Professional Regulation; creating certain exceptions
   29         and special requirements regarding hearings within the
   30         Department of Gaming Control; amending s. 285.710,
   31         F.S.; providing that the Commission on Gaming is the
   32         state compliance agency for purposes of the Indian
   33         Gaming Compact; amending s. 455.116, F.S.; removing a
   34         trust fund from the Department of Business and
   35         Professional Regulation; amending ss. 550.002,
   36         550.0115, 550.01215, 550.0235, 550.0251, 550.0351,
   37         550.054, 550.0555, 550.0651, 550.0745, 550.0951,
   38         550.09511, 550.09512, 550.09514, 550.09515, 550.105,
   39         550.1155, 550.125, 550.135, 550.155, 550.1648,
   40         550.175, 550.1815, 550.24055, 550.2415, 550.2614,
   41         550.26165, 550.2625, 550.26352, 550.2704, 550.334,
   42         550.3345, 550.3355, 550.3551, 550.3615, 550.375,
   43         550.495, 550.505, 550.5251, 550.625, 550.6305,
   44         550.6308, 550.70, 550.902, and 550.907, F.S.;
   45         conforming provisions to the transfer of the
   46         regulation of pari-mutuel wagering from the Department
   47         of Business and Professional Regulation to the
   48         Department of Gaming Control; deleting obsolete
   49         provisions; conforming cross-references; amending ss.
   50         551.102, 551.103, 551.104, 551.1045, 551.105, 551.106,
   51         551.107, 551.108, 551.109, 551.112, 551.114, 551.117,
   52         551.118, 551.121, 551.122, and 551.123, F.S.;
   53         conforming provisions to the transfer of the
   54         regulation of slot machines from the Department of
   55         Business and Professional Regulation to the Department
   56         of Gaming Control; deleting obsolete provisions;
   57         conforming cross-references; amending s. 565.02, F.S.;
   58         providing for the licensure of caterers at a horse or
   59         dog racetrack or jai alai fronton by the Department of
   60         Gaming Control; amending s. 616.09, F.S.; providing
   61         for the Department of Gaming Control, rather than the
   62         Department of Legal Affairs, to prosecute a fair
   63         association for illegal gambling activities; amending
   64         s. 616.241, F.S.; adding the Department of Gaming
   65         Control to the list of entities authorized to enforce
   66         the prohibitions against having certain games at
   67         interstate fairs and specialized shows; amending s.
   68         817.37, F.S.; providing for the enforcement of
   69         prohibitions against touting by the Department of
   70         Gaming Control; amending s. 849.086, F.S.; providing
   71         for the regulation of cardrooms by the Department of
   72         Gaming Control; amending s. 849.094, F.S.; providing
   73         for the regulation of game promotions by the
   74         Department of Gaming Control, rather than the
   75         Department of Agriculture and Consumer Services;
   76         deleting the limit on the number of authorized game
   77         promotions; increasing the criminal penalties for
   78         violations of laws regulating game promotions;
   79         deleting a reference to the Department of Business and
   80         Professional Regulation to conform to changes made by
   81         the act; amending s. 849.161, F.S.; authorizing games
   82         or machines at an arcade amusement center to use other
   83         currency in addition to coins; specifying that
   84         authorized prizes for playing a game may include
   85         Florida Lottery products; correcting cross-references
   86         to Federal law; defining terms; providing for the
   87         regulation of skill-based games by the Department of
   88         Gaming Control; requiring the department to adopt
   89         rules relating to licenses, testing of machines,
   90         revenues from machines, recordkeeping by a licensee,
   91         and security of facilities; authorizing the department
   92         and local law enforcement agencies to investigate
   93         criminal violations of law relating to the regulation
   94         of skill-based games; providing that the department
   95         and local law enforcement agencies have unrestricted
   96         access to a licensee’s facility; providing that the
   97         act does not expand or authorize new forms of gaming;
   98         requiring a skill-based machine operator to apply to
   99         the department for a license; requiring the department
  100         to provide a report to the Legislature recommending
  101         the optimum licensing fee for a skill-based machine
  102         operator; specifying a tax applicable to gross
  103         receipts of a skill-based machine operator; providing
  104         for the deposit of taxes and penalties into the
  105         Florida Gaming Trust Fund; imposing a monetary penalty
  106         on a skill-based machine operator that fails to make
  107         required tax payments; providing a contingent
  108         effective date.
  109  
  110  Be It Enacted by the Legislature of the State of Florida:
  111  
  112         Section 1. Transfers.—
  113         (1) All of the statutory powers, duties and functions,
  114  records, personnel, property, and unexpended balances of
  115  appropriations, allocations, or other funds for the
  116  administration of chapter 550, Florida Statutes, are transferred
  117  by a type two transfer, as defined in s. 20.06(2), Florida
  118  Statutes, from the Division of Pari-mutuel Wagering of the
  119  Department of Business and Professional Regulation to the
  120  Department of Gaming Control.
  121         (2) All of the statutory powers, duties and functions,
  122  records, personnel, property, and unexpended balances of
  123  appropriations, allocations, or other funds for the
  124  administration of chapter 551, Florida Statutes, are transferred
  125  by a type two transfer, as defined in s. 20.06(2), Florida
  126  Statutes, from the Division of Pari-mutuel Wagering of the
  127  Department of Business and Professional Regulation to the
  128  Department of Gaming Control.
  129         (3) All of the statutory powers, duties and functions,
  130  records, personnel, property, and unexpended balances of
  131  appropriations, allocations, or other funds for the
  132  administration of s. 849.086, Florida Statutes, are transferred
  133  by a type two transfer, as defined in s. 20.06(2), Florida
  134  Statutes, from the Division of Pari-mutuel Wagering of the
  135  Department of Business and Professional Regulation to the
  136  Department of Gaming Control.
  137         (4) The following trust funds are transferred from the
  138  Division of Pari-mutuel Wagering of the Department of Business
  139  and Professional Regulation to the Department of Gaming Control:
  140         (a) Pari-mutuel Wagering Trust Fund.
  141         (b) Racing Scholarship Trust Fund.
  142         Section 2. Paragraph (c) is added to subsection (8) of
  143  section 11.905, Florida Statutes, to read:
  144         11.905 Schedule for reviewing state agencies and advisory
  145  committees.—The following state agencies, including their
  146  advisory committees, or the following advisory committees of
  147  agencies shall be reviewed according to the following schedule:
  148         (8) Reviewed by July 1, 2022:
  149         (c) Department of Gaming Control.
  150  
  151  Upon completion of this cycle, each agency shall again be
  152  subject to sunset review 10 years after its initial review.
  153         Section 3. Subsection (2) of section 20.165, Florida
  154  Statutes, is amended to read:
  155         20.165 Department of Business and Professional Regulation.
  156  There is created a Department of Business and Professional
  157  Regulation.
  158         (2) The following divisions of the Department of Business
  159  and Professional Regulation are established:
  160         (a) Division of Administration.
  161         (b) Division of Alcoholic Beverages and Tobacco.
  162         (c) Division of Certified Public Accounting.
  163         1. The director of the division shall be appointed by the
  164  secretary of the department, subject to approval by a majority
  165  of the Board of Accountancy.
  166         2. The offices of the division shall be located in
  167  Gainesville.
  168         (d) Division of Florida Condominiums, Timeshares, and
  169  Mobile Homes.
  170         (e) Division of Hotels and Restaurants.
  171         (f) Division of Pari-mutuel Wagering.
  172         (f)(g) Division of Professions.
  173         (g)(h) Division of Real Estate.
  174         1. The director of the division shall be appointed by the
  175  secretary of the department, subject to approval by a majority
  176  of the Florida Real Estate Commission.
  177         2. The offices of the division shall be located in Orlando.
  178         (h)(i) Division of Regulation.
  179         (i)(j) Division of Technology.
  180         (j)(k) Division of Service Operations.
  181         Section 4. Section 20.318, Florida Statutes, is created to
  182  read:
  183         20.318 Department of Gaming Control.—There is created a
  184  Department of Gaming Control.
  185         (1)GAMING COMMISSION.—There is created the Gaming
  186  Commission, composed of the Governor and Cabinet. The commission
  187  members shall serve as agency head of the Department of Gaming
  188  Control. The commission shall be responsible for appointing and
  189  removing the executive director and general counsel.
  190         (2)DIVISIONS.—The Department of Gaming Control shall
  191  consist of the following divisions:
  192         (a)The Division Licensing.
  193         (b)The Division of Revenue and Audits.
  194         (c)The Division of Investigation.
  195         (d)The Division of Law Enforcement.
  196         (e)The Division of Prosecution.
  197         (3) DEFINITIONS.-As used in this section, the term:
  198         (a)“Commission” means the Gaming Commission.
  199         (b)“Department” means the Department of Gaming Control.
  200         (c)“Gaming control” means any gaming activity, occupation,
  201  or profession regulated by the department.
  202         (d)“License” means any permit, registration, certificate,
  203  or license issued by the department.
  204         (e)“Licensee” means any person issued a permit,
  205  registration, certificate, or license by the department.
  206         (4) POWERS AND DUTIES.—
  207         (a)License renewals.—The department shall adopt rules
  208  establishing a procedure for the renewal of licenses.
  209         (b)Annual budget.—The department shall submit an annual
  210  budget to the Legislature at a time and in the manner provided
  211  by law.
  212         (c)Rulemaking.—The department shall adopt rules to
  213  administer the laws under its authority.
  214         (d)Advisory opinions.—The department shall provide
  215  advisory opinions when requested by any law enforcement
  216  official, state attorney, or entity licensed by the department
  217  relating to the application of state gaming laws with respect to
  218  whether a particular act or device constitutes legal or illegal
  219  gambling under state laws and administrative rules adopted
  220  thereunder. A written record shall be retained of all such
  221  opinions issued by the department, which shall be sequentially
  222  numbered, dated, and indexed by subject matter. Any person or
  223  entity acting in good faith upon an advisory opinion that such
  224  person or entity requested and received is not subject to any
  225  criminal penalty provided for under state law for illegal
  226  gambling. The opinion, until amended or revoked, is binding on
  227  any person or entity who sought the opinion, or with reference
  228  to whom the opinion was sought, unless material facts were
  229  omitted or misstated in the request for the advisory opinion.
  230  The department may adopt rules regarding the process for
  231  securing an advisory opinion and may require in those rules the
  232  submission of any potential gaming apparatus for testing by a
  233  licensed testing laboratory to prove or disprove its compliance
  234  with state law before the issuance of an opinion by the
  235  department.
  236         (e)Law enforcement officers.—The department may employ
  237  sworn law enforcement officers as defined in s. 943.10 to
  238  enforce the provisions of any statute or any other laws of this
  239  state related to gambling within the Division of Law Enforcement
  240  and to enforce any other criminal law or to conduct any criminal
  241  investigation.
  242         1. Each law enforcement officer shall meet the
  243  qualifications for law enforcement officers under s. 943.13 and
  244  shall be certified as a law enforcement officer by the
  245  Department of Law Enforcement under chapter 943. Upon
  246  certification, each law enforcement officer is subject to and
  247  shall have authority provided for law enforcement officers
  248  generally in chapter 901 and shall have statewide jurisdiction.
  249  Each officer shall also have full law enforcement powers.
  250         2. The department may also appoint part-time, reserve, or
  251  auxiliary law enforcement officers under chapter 943.
  252         3. Each law enforcement officer of the department, upon
  253  certification pursuant to s. 943.1395, has the same right and
  254  authority to carry arms as do the sheriffs of this state.
  255         4.Each law enforcement officer in the state who is
  256  certified pursuant to chapter 943 has the same authority as law
  257  enforcement officers designated in this section to enforce the
  258  laws of this state as described in this paragraph.
  259         (5) FINANCIALLY DEPENDENT CHILDREN; SUPPORT.—The department
  260  shall work cooperatively with the Department of Revenue to
  261  implement an automated method for periodically disclosing
  262  information relating to current licensees to the Department of
  263  Revenue. The purpose of this subsection is to promote the public
  264  policy of this state as established in s. 409.2551. The
  265  department shall, when directed by the court or the Department
  266  of Revenue pursuant to s. 409.2598, suspend or deny the license
  267  of any licensee found not to be in compliance with a support
  268  order, subpoena, order to show cause, or written agreement
  269  entered into by the licensee with the Department of Revenue. The
  270  department shall issue or reinstate the license without
  271  additional charge to the licensee when notified by the court or
  272  the Department of Revenue that the licensee has complied with
  273  the terms of the support order. The department is not liable for
  274  any license denial or suspension resulting from the discharge of
  275  its duties under this subsection.
  276         (6) LICENSING.—The department may:
  277         (a)Close and terminate deficient license application files
  278  2 years after the board or the department notifies the applicant
  279  of the deficiency; and
  280         (b)Approve gaming-related licenses that meet all statutory
  281  and rule requirements for licensure.
  282         Section 5. Subsection (4) of section 120.80, Florida
  283  Statutes, is amended, and subsection (18) is added to that
  284  section to read:
  285         120.80 Exceptions and special requirements; agencies.—
  286         (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
  287         (a) Business regulation.—The Division of Pari-mutuel
  288  Wagering is exempt from the hearing and notice requirements of
  289  ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
  290  boards of judges when the hearing is to be held for the purpose
  291  of the imposition of fines or suspensions as provided by rules
  292  of the Division of Pari-mutuel Wagering, but not for
  293  revocations, and only upon violations of subparagraphs 1.-6. The
  294  Division of Pari-mutuel Wagering shall adopt rules establishing
  295  alternative procedures, including a hearing upon reasonable
  296  notice, for the following violations:
  297         1. Horse riding, harness riding, greyhound interference,
  298  and jai alai game actions in violation of chapter 550.
  299         2. Application and usage of drugs and medication to horses,
  300  greyhounds, and jai alai players in violation of chapter 550.
  301         3. Maintaining or possessing any device which could be used
  302  for the injection or other infusion of a prohibited drug to
  303  horses, greyhounds, and jai alai players in violation of chapter
  304  550.
  305         4. Suspensions under reciprocity agreements between the
  306  Division of Pari-mutuel Wagering and regulatory agencies of
  307  other states.
  308         5. Assault or other crimes of violence on premises licensed
  309  for pari-mutuel wagering.
  310         6. Prearranging the outcome of any race or game.
  311         (b) Professional regulation.Notwithstanding s.
  312  120.57(1)(a), formal hearings may not be conducted by the
  313  Secretary of Business and Professional Regulation or a board or
  314  member of a board within the Department of Business and
  315  Professional Regulation for matters relating to the regulation
  316  of professions, as defined by chapter 455.
  317         (18) DEPARTMENT OF GAMING CONTROL.—The department is exempt
  318  from the hearing and notice requirements of ss. 120.569 and
  319  120.57(1)(a) as it applies to stewards, judges, and boards of
  320  judges if the hearing is to be held for the purpose of the
  321  imposition of fines or suspension as provided by rules of the
  322  department, but not for revocations, and only to consider
  323  violations of paragraphs (a)-(f). The department shall adopt
  324  rules establishing alternative procedures, including a hearing
  325  upon reasonable notice, for the following violations:
  326         (a)Horse riding, harness riding, greyhound interference,
  327  and jai alai game actions in violation of chapter 550.
  328         (b)Application and administration of drugs and medication
  329  to horses, greyhounds, and jai alai players in violation of
  330  chapter 550.
  331         (c)Maintaining or possessing any device that could be used
  332  for the injection or other infusion of a prohibited drug into
  333  horses, greyhounds, and jai alai players in violation of chapter
  334  550.
  335         (d)Suspensions under reciprocity agreements between the
  336  department and regulatory agencies of other states.
  337         (e)Assault or other crimes of violence on premises
  338  licensed for pari-mutuel wagering.
  339         (f)Prearranging the outcome of any race or game.
  340         Section 6. Paragraph (f) of subsection (1) and subsection
  341  (7) of section 285.710, Florida Statutes, are amended to read:
  342         285.710 Compact authorization.—
  343         (1) As used in this section, the term:
  344         (f) “State compliance agency” means the Division of Pari
  345  mutuel Wagering of the Department of Gaming Control, Business
  346  and Professional Regulation which is designated as the state
  347  agency having the authority to carry out the state’s oversight
  348  responsibilities under the compact.
  349         (7) The Division of Pari-mutuel Wagering of the Department
  350  of Gaming Control Business and Professional Regulation is
  351  designated as the state compliance agency having the authority
  352  to carry out the state’s oversight responsibilities under the
  353  compact authorized by this section.
  354         Section 7. Section 455.116, Florida Statutes, is amended to
  355  read:
  356         455.116 Regulation trust funds.—The following trust funds
  357  shall be placed in the department:
  358         (1) Administrative Trust Fund.
  359         (2) Alcoholic Beverage and Tobacco Trust Fund.
  360         (3) Cigarette Tax Collection Trust Fund.
  361         (4) Hotel and Restaurant Trust Fund.
  362         (5) Division of Florida Condominiums, Timeshares, and
  363  Mobile Homes Trust Fund.
  364         (6) Pari-mutuel Wagering Trust Fund.
  365         (6)(7) Professional Regulation Trust Fund.
  366         Section 8. Subsections (6), (7), and (11) of section
  367  550.002, Florida Statutes, are amended, and present subsections
  368  (8) through (39) of that section are renumbered as subsections
  369  (7) through (38), respectively, to read:
  370         550.002 Definitions.—As used in this chapter, the term:
  371         (6) “Department” means the Department of Gaming Control
  372  Business and Professional Regulation.
  373         (7) “Division” means the Division of Pari-mutuel Wagering
  374  within the Department of Business and Professional Regulation.
  375         (10)(11) “Full schedule of live racing or games” means, for
  376  a greyhound or jai alai permitholder, the conduct of a
  377  combination of at least 100 live evening or matinee performances
  378  during the preceding year; for a permitholder who has a
  379  converted permit or filed an application on or before June 1,
  380  1990, for a converted permit, the conduct of a combination of at
  381  least 100 live evening and matinee wagering performances during
  382  either of the 2 preceding years; for a jai alai permitholder who
  383  does not operate slot machines in its pari-mutuel facility, who
  384  has conducted at least 100 live performances per year for at
  385  least 10 years after December 31, 1992, and whose handle on live
  386  jai alai games conducted at its pari-mutuel facility has been
  387  less than $4 million per state fiscal year for at least 2
  388  consecutive years after June 30, 1992, the conduct of a
  389  combination of at least 40 live evening or matinee performances
  390  during the preceding year; for a jai alai permitholder who
  391  operates slot machines in its pari-mutuel facility, the conduct
  392  of a combination of at least 150 performances during the
  393  preceding year; for a harness permitholder, the conduct of at
  394  least 100 live regular wagering performances during the
  395  preceding year; for a quarter horse permitholder at its facility
  396  unless an alternative schedule of at least 20 live regular
  397  wagering performances is agreed upon by the permitholder and
  398  either the Florida Quarter Horse Racing Association or the
  399  horsemen’s association representing the majority of the quarter
  400  horse owners and trainers at the facility and filed with the
  401  department division along with its annual date application, in
  402  the 2010-2011 fiscal year, the conduct of at least 20 regular
  403  wagering performances, in the 2011-2012 and 2012-2013 fiscal
  404  years, the conduct of at least 30 live regular wagering
  405  performances, and for every fiscal year after the 2012-2013
  406  fiscal year, the conduct of at least 40 live regular wagering
  407  performances; for a quarter horse permitholder leasing another
  408  licensed racetrack, the conduct of 160 events at the leased
  409  facility; and for a thoroughbred permitholder, the conduct of at
  410  least 40 live regular wagering performances during the preceding
  411  year. For a permitholder that which is restricted by statute to
  412  certain operating periods within the year when other members of
  413  its same class of permit are authorized to operate throughout
  414  the year, the specified number of live performances that which
  415  constitute a full schedule of live racing or games shall be
  416  adjusted pro rata in accordance with the relationship between
  417  its authorized operating period and the full calendar year and
  418  the resulting specified number of live performances shall
  419  constitute the full schedule of live games for such permitholder
  420  and all other permitholders of the same class within 100 air
  421  miles of such permitholder. A live performance must consist of
  422  no fewer than eight races or games conducted live for each of a
  423  minimum of three performances each week at the permitholder’s
  424  licensed facility under a single admission charge.
  425         Section 9. Section 550.0115, Florida Statutes, is amended
  426  to read:
  427         550.0115 Permitholder license.—After a permit has been
  428  issued by the department division, and after the permit has been
  429  approved by election, the department division shall issue to the
  430  permitholder an annual license to conduct pari-mutuel operations
  431  at the location specified in the permit pursuant to the
  432  provisions of this chapter.
  433         Section 10. Section 550.01215, Florida Statutes, is amended
  434  to read:
  435         550.01215 License application; periods of operation; bond,
  436  conversion of permit.—
  437         (1) Each permitholder shall annually, during the period
  438  between December 15 and January 4, file in writing with the
  439  department division its application for a license to conduct
  440  performances during the next state fiscal year. Each application
  441  shall specify the number, dates, and starting times of all
  442  performances that which the permitholder intends to conduct. It
  443  shall also specify which performances will be conducted as
  444  charity or scholarship performances. In addition, each
  445  application for a license shall include, for each permitholder
  446  that which elects to operate a cardroom, the dates and periods
  447  of operation the permitholder intends to operate the cardroom
  448  or, for each thoroughbred permitholder that which elects to
  449  receive or rebroadcast out-of-state races after 7 p.m., the
  450  dates for all performances that which the permitholder intends
  451  to conduct. Permitholders shall be entitled to amend their
  452  applications through February 28.
  453         (2) After the first license has been issued to a
  454  permitholder, all subsequent annual applications for a license
  455  shall be accompanied by proof, in such form as the department
  456  division may by rule require, that the permitholder continues to
  457  possess the qualifications prescribed by this chapter, and that
  458  the permit has not been disapproved at a later election.
  459         (3) The department division shall issue each license no
  460  later than March 15. Each permitholder shall operate all
  461  performances at the date and time specified on its license. The
  462  department may division shall have the authority to approve
  463  minor changes in racing dates after a license has been issued.
  464  The department division may approve changes in racing dates
  465  after a license has been issued when there is no objection from
  466  any operating permitholder located within 50 miles of the
  467  permitholder requesting the changes in operating dates. In the
  468  event of an objection, the department division shall approve or
  469  disapprove the change in operating dates based upon the impact
  470  on operating permitholders located within 50 miles of the
  471  permitholder requesting the change in operating dates. In making
  472  the determination to change racing dates, the department
  473  division shall consider take into consideration the impact of
  474  such changes on state revenues.
  475         (4) If In the event that a permitholder fails to operate
  476  all performances specified on its license at the date and time
  477  specified, the department division shall hold a hearing to
  478  determine whether to fine or suspend the permitholder’s license,
  479  unless such failure was the direct result of fire, strike, war,
  480  or other disaster or event beyond the ability of the
  481  permitholder to control. Financial hardship to the permitholder
  482  does shall not, in and of itself, constitute just cause for
  483  failure to operate all performances on the dates and at the
  484  times specified.
  485         (5) If In the event that performances licensed to be
  486  operated by a permitholder are vacated, abandoned, or will not
  487  be used for any reason, any permitholder shall be entitled,
  488  pursuant to rules adopted by the department division, to apply
  489  to conduct performances on the dates for which the performances
  490  have been abandoned. The department division shall issue an
  491  amended license for all such replacement performances that which
  492  have been requested in compliance with the provisions of this
  493  chapter and department division rules.
  494         (6) Any permit that which was converted from a jai alai
  495  permit to a greyhound permit may be converted to a jai alai
  496  permit at any time if the permitholder never conducted greyhound
  497  racing or if the permitholder has not conducted greyhound racing
  498  for a period of 12 consecutive months.
  499         Section 11. Section 550.0235, Florida Statutes, is amended
  500  to read:
  501         550.0235 Limitation of civil liability.—A No permittee
  502  conducting a racing meet pursuant to the provisions of this
  503  chapter; the executive director, no division director, bureau
  504  chief, or an employee of the department division; or a and no
  505  steward, judge, or other person appointed to act pursuant to
  506  this chapter is not shall be held liable to any person,
  507  partnership, association, corporation, or other business entity
  508  for any cause whatsoever arising out of, or from, the
  509  performance by such permittee, director, employee, steward,
  510  judge, or other person of her or his duties and the exercise of
  511  her or his discretion with respect to the implementation and
  512  enforcement of the statutes and rules governing the conduct of
  513  pari-mutuel wagering, so long as she or he acted in good faith.
  514  This section does shall not limit liability in any situation in
  515  which the negligent maintenance of the premises or the negligent
  516  conduct of a race contributed to an accident and does not; nor
  517  shall it limit any contractual liability.
  518         Section 12. Section 550.0251, Florida Statutes, is amended
  519  to read:
  520         550.0251 The powers and duties of the Department of Gaming
  521  Control Division of Pari-mutuel Wagering of the Department of
  522  Business and Professional Regulation.—The department division
  523  shall administer this chapter and regulate the pari-mutuel
  524  industry under this chapter and the rules adopted pursuant
  525  thereto, and:
  526         (1) The department division shall make an annual report to
  527  the President of the Senate and the Speaker of the House of
  528  Representatives Governor showing its own actions, receipts
  529  derived under the provisions of this chapter, the practical
  530  effects of the application of this chapter, and any suggestions
  531  it may approve for the more effectual accomplishments of the
  532  purposes of this chapter.
  533         (2) The department division shall require an oath on
  534  application documents as required by rule, which oath must state
  535  that the information contained in the document is true and
  536  complete.
  537         (3) The department division shall adopt reasonable rules
  538  for the control, supervision, and direction of all applicants,
  539  permittees, and licensees and for the holding, conducting, and
  540  operating of all racetracks, race meets, and races held in this
  541  state. Such rules must be uniform in their application and
  542  effect, and the duty of exercising this control and power is
  543  made mandatory upon the department division.
  544         (4) The department division may take testimony concerning
  545  any matter within its jurisdiction and issue summons and
  546  subpoenas for any witness and subpoenas duces tecum in
  547  connection with any matter within the jurisdiction of the
  548  department division under its seal and signed by the director.
  549         (5) The department division may adopt rules establishing
  550  procedures for testing occupational licenseholders officiating
  551  at or participating in any race or game at any pari-mutuel
  552  facility under the jurisdiction of the department division for a
  553  controlled substance or alcohol and may prescribe procedural
  554  matters not in conflict with s. 120.80(18) s. 120.80(4)(a).
  555         (6) In addition to the power to exclude certain persons
  556  from any pari-mutuel facility in this state, the department
  557  division may exclude any person from any and all pari-mutuel
  558  facilities in this state for conduct that would constitute, if
  559  the person were a licensee, a violation of this chapter or the
  560  rules of the department division. The department division may
  561  exclude from any pari-mutuel facility within this state any
  562  person who has been ejected from a pari-mutuel facility in this
  563  state or who has been excluded from any pari-mutuel facility in
  564  another state by the governmental department, agency,
  565  commission, or authority exercising regulatory jurisdiction over
  566  pari-mutuel facilities in such other state. The department
  567  division may authorize any person who has been ejected or
  568  excluded from pari-mutuel facilities in this state or another
  569  state to attend the pari-mutuel facilities in this state upon a
  570  finding that the attendance of such person at pari-mutuel
  571  facilities would not be adverse to the public interest or to the
  572  integrity of the sport or industry; however, this subsection
  573  does shall not be construed to abrogate the common-law right of
  574  a pari-mutuel permitholder to exclude absolutely a patron in
  575  this state.
  576         (7) The department division may oversee the making of, and
  577  distribution from, all pari-mutuel pools.
  578         (8) The department department may collect taxes and require
  579  compliance with reporting requirements for financial information
  580  as authorized by this chapter. In addition, the secretary of the
  581  department may require permitholders conducting pari-mutuel
  582  operations within the state to remit taxes, including fees, by
  583  electronic funds transfer if the taxes and fees amounted to
  584  $50,000 or more in the prior reporting year.
  585         (9) The department division may conduct investigations in
  586  enforcing this chapter, except that all information obtained
  587  pursuant to an investigation by the department division for an
  588  alleged violation of this chapter or rules of the department
  589  division is exempt from s. 119.07(1) and from s. 24(a), Art. I
  590  of the State Constitution until an administrative complaint is
  591  issued or the investigation is closed or ceases to be active.
  592  This subsection does not prohibit the department division from
  593  providing such information to any law enforcement agency or to
  594  any other regulatory agency. For the purposes of this
  595  subsection, an investigation is considered to be active while it
  596  is being conducted with reasonable dispatch and with a
  597  reasonable, good faith belief that it could lead to an
  598  administrative, civil, or criminal action by the department
  599  division or another administrative or law enforcement agency.
  600  Except for active criminal intelligence or criminal
  601  investigative information, as defined in s. 119.011, and any
  602  other information that, if disclosed, would jeopardize the
  603  safety of an individual, all information, records, and
  604  transcriptions become public when the investigation is closed or
  605  ceases to be active.
  606         (10) The department division may impose an administrative
  607  fine for a violation under this chapter of not more than $1,000
  608  for each count or separate offense, except as otherwise provided
  609  in this chapter, and may suspend or revoke a permit, a pari
  610  mutuel license, or an occupational license for a violation under
  611  this chapter. All fines imposed and collected under this
  612  subsection must be deposited with the Chief Financial Officer to
  613  the credit of the General Revenue Fund.
  614         (11) The department division shall supervise and regulate
  615  the welfare of racing animals at pari-mutuel facilities.
  616         (12) The department may division shall have full authority
  617  and power to make, adopt, amend, or repeal rules relating to
  618  cardroom operations, to enforce and to carry out the provisions
  619  of s. 849.086, and to regulate the authorized cardroom
  620  activities in the state.
  621         (13) The department may division shall have the authority
  622  to suspend a permitholder’s permit or license, if such
  623  permitholder is operating a cardroom facility and such
  624  permitholder’s cardroom license has been suspended or revoked
  625  pursuant to s. 849.086.
  626         Section 13. Section 550.0351, Florida Statutes, is amended
  627  to read:
  628         550.0351 Charity racing days.—
  629         (1) The department division shall, upon the request of a
  630  permitholder, authorize each horseracing permitholder, dogracing
  631  permitholder, and jai alai permitholder up to five charity or
  632  scholarship days in addition to the regular racing days
  633  authorized by law.
  634         (2) The proceeds of charity performances shall be paid to
  635  qualified beneficiaries selected by the permitholders from an
  636  authorized list of charities on file with the department
  637  division. Eligible charities include any charity that provides
  638  evidence of compliance with the provisions of chapter 496 and
  639  evidence of possession of a valid exemption from federal
  640  taxation issued by the Internal Revenue Service. In addition,
  641  the authorized list must include the Racing Scholarship Trust
  642  Fund, the Historical Resources Operating Trust Fund, major state
  643  and private institutions of higher learning, and Florida
  644  community colleges.
  645         (3) The permitholder shall, within 120 days after the
  646  conclusion of its fiscal year, pay to the authorized charities
  647  the total of all profits derived from the operation of the
  648  charity day performances conducted. If charity days are operated
  649  on behalf of another permitholder pursuant to law, the
  650  permitholder entitled to distribute the proceeds shall
  651  distribute the proceeds to charity within 30 days after the
  652  actual receipt of the proceeds.
  653         (4) The total of all profits derived from the conduct of a
  654  charity day performance must include all revenues derived from
  655  the conduct of that racing performance, including all state
  656  taxes that would otherwise be due to the state, except that the
  657  daily license fee as provided in s. 550.0951(1) and the breaks
  658  for the promotional trust funds as provided in s. 550.2625(3),
  659  (4), (5), (7), and (8) shall be paid to the department division.
  660  All other revenues from the charity racing performance,
  661  including the commissions, breaks, and admissions and the
  662  revenues from parking, programs, and concessions, shall be
  663  included in the total of all profits.
  664         (5) In determining profit, the permitholder may elect to
  665  distribute as proceeds only the amount equal to the state tax
  666  that would otherwise be paid to the state if the charity day
  667  were conducted as a regular or matinee performance.
  668         (6)(a) The department division shall authorize one
  669  additional scholarship day for horseracing in addition to the
  670  regular racing days authorized by law and any additional days
  671  authorized by this section, to be conducted at all horse
  672  racetracks located in Hillsborough County. The permitholder
  673  shall conduct a full schedule of racing on the scholarship day.
  674         (b) The funds derived from the operation of the additional
  675  scholarship day shall be allocated as provided in this section
  676  and paid to Pasco-Hernando Community College.
  677         (c) When a charity or scholarship performance is conducted
  678  as a matinee performance, the department division may authorize
  679  the permitholder to conduct the evening performances of that
  680  operation day as a regular performance in addition to the
  681  regular operating days authorized by law.
  682         (7) In addition to the charity days authorized by this
  683  section, any dogracing permitholder may allow its facility to be
  684  used for conducting “hound dog derbies” or “mutt derbies” on any
  685  day during each racing season by any charitable, civic, or
  686  nonprofit organization for the purpose of conducting “hound dog
  687  derbies” or “mutt derbies” if only dogs other than those usually
  688  used in dogracing (greyhounds) are permitted to race and if
  689  adults and minors are allowed to participate as dog owners or
  690  spectators. During these racing events, betting, gambling, and
  691  the sale or use of alcoholic beverages is prohibited.
  692         (8) In addition to the eligible charities that meet the
  693  criteria set forth in this section, a jai alai permitholder is
  694  authorized to conduct two additional charity performances each
  695  fiscal year for a fund to benefit retired jai alai players. This
  696  performance shall be known as the “Retired Jai Alai Players
  697  Charity Day.” The administration of this fund shall be
  698  determined by rule by the department division.
  699         Section 14. Section 550.054, Florida Statutes, is amended
  700  to read:
  701         550.054 Application for permit to conduct pari-mutuel
  702  wagering.—
  703         (1) Any person who possesses the qualifications prescribed
  704  in this chapter may apply to the department division for a
  705  permit to conduct pari-mutuel operations under this chapter.
  706  Applications for a pari-mutuel permit are exempt from the 90-day
  707  licensing requirement of s. 120.60. Within 120 days after
  708  receipt of a complete application, the department division shall
  709  grant or deny the permit. A completed application that is not
  710  acted upon within 120 days after receipt is deemed approved, and
  711  the department division shall grant the permit.
  712         (2) Upon each application filed and approved, a permit
  713  shall be issued to the applicant setting forth the name of the
  714  permitholder, the location of the pari-mutuel facility, the type
  715  of pari-mutuel activity desired to be conducted, and a statement
  716  showing qualifications of the applicant to conduct pari-mutuel
  717  performances under this chapter; however, a permit is
  718  ineffectual to authorize any pari-mutuel performances until
  719  approved by a majority of the electors participating in a
  720  ratification election in the county in which the applicant
  721  proposes to conduct pari-mutuel wagering activities. In
  722  addition, an application may not be considered, nor may a permit
  723  be issued by the department division or be voted upon in any
  724  county, to conduct horseraces, harness horse races, or dograces
  725  at a location within 100 miles of an existing pari-mutuel
  726  facility, or for jai alai within 50 miles of an existing pari
  727  mutuel facility; this distance shall be measured on a straight
  728  line from the nearest property line of one pari-mutuel facility
  729  to the nearest property line of the other facility.
  730         (3) The department division shall require that each
  731  applicant submit an application setting forth:
  732         (a) The full name of the applicant.
  733         (b) If a corporation, the name of the state in which
  734  incorporated and the names and addresses of the officers,
  735  directors, and shareholders holding 5 percent or more equity or,
  736  if a business entity other than a corporation, the names and
  737  addresses of the principals, partners, or shareholders holding 5
  738  percent or more equity.
  739         (c) The names and addresses of the ultimate equitable
  740  owners for a corporation or other business entity, if different
  741  from those provided under paragraph (b), unless the securities
  742  of the corporation or entity are registered pursuant to s. 12 of
  743  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and
  744  if such corporation or entity files with the United States
  745  Securities and Exchange Commission the reports required by s. 13
  746  of that act or if the securities of the corporation or entity
  747  are regularly traded on an established securities market in the
  748  United States.
  749         (d) The exact location where the applicant will conduct
  750  pari-mutuel performances.
  751         (e) Whether the pari-mutuel facility is owned or leased
  752  and, if leased, the name and residence of the fee owner or, if a
  753  corporation, the names and addresses of the directors and
  754  stockholders thereof. However, this chapter does not prevent a
  755  person from applying to the department division for a permit to
  756  conduct pari-mutuel operations, regardless of whether the pari
  757  mutuel facility has been constructed or not, and having an
  758  election held in any county at the same time that elections are
  759  held for the ratification of any permit in that county.
  760         (f) A statement of the assets and liabilities of the
  761  applicant.
  762         (g) The names and addresses of any mortgagee of any pari
  763  mutuel facility and any financial agreement between the parties.
  764  The department division may require the names and addresses of
  765  the officers and directors of the mortgagee, and of those
  766  stockholders who hold more than 10 percent of the stock of the
  767  mortgagee.
  768         (h) A business plan for the first year of operation.
  769         (i) For each individual listed in the application as an
  770  owner, partner, officer, or director, a complete set of
  771  fingerprints that has been taken by an authorized law
  772  enforcement officer. These sets of fingerprints must be
  773  submitted to the Federal Bureau of Investigation for processing.
  774  Applicants who are foreign nationals shall submit such documents
  775  as necessary to allow the department division to conduct
  776  criminal history records checks in the applicant’s home country.
  777  The applicant must pay the cost of processing. The department
  778  division may charge a $2 handling fee for each set of
  779  fingerprint records.
  780         (j) The type of pari-mutuel activity to be conducted and
  781  the desired period of operation.
  782         (k) Other information the department division requires.
  783         (4) The department division shall require each applicant to
  784  deposit with the board of county commissioners of the county in
  785  which the election is to be held, a sufficient sum, in currency
  786  or by check certified by a bank licensed to do business in the
  787  state to pay the expenses of holding the election provided in s.
  788  550.0651.
  789         (5) Upon receiving an application and any amendments
  790  properly made thereto, the department division shall further
  791  investigate the matters contained in the application. If the
  792  applicant meets all requirements, conditions, and qualifications
  793  set forth in this chapter and the rules of the department
  794  division, the department division shall grant the permit.
  795         (6) After initial approval of the permit and the source of
  796  financing, the terms and parties of any subsequent refinancing
  797  must be disclosed by the applicant or the permitholder to the
  798  department division.
  799         (7) If the department division refuses to grant the permit,
  800  the money deposited with the board of county commissioners for
  801  holding the election must be refunded to the applicant. If the
  802  department division grants the permit applied for, the board of
  803  county commissioners shall order an election in the county to
  804  decide whether the permit will be approved, as provided in s.
  805  550.0651.
  806         (8)(a) The department division may charge the applicant for
  807  reasonable, anticipated costs incurred by the department
  808  division in determining the eligibility of any person or entity
  809  specified in s. 550.1815(1)(a) to hold any pari-mutuel permit,
  810  against such person or entity.
  811         (b) The department division may, by rule, determine the
  812  manner of paying its anticipated costs associated with
  813  determination of eligibility and the procedure for filing
  814  applications for determination of eligibility.
  815         (c) The department division shall furnish to the applicant
  816  an itemized statement of actual costs incurred during the
  817  investigation to determine eligibility.
  818         (d) If unused funds remain at the conclusion of such
  819  investigation, they must be returned to the applicant within 60
  820  days after the determination of eligibility has been made.
  821         (e) If the actual costs of investigation exceed anticipated
  822  costs, the department division shall assess the applicant the
  823  amount necessary to recover all actual costs.
  824         (9)(a) After a permit has been granted by the department
  825  division and has been ratified and approved by the majority of
  826  the electors participating in the election in the county
  827  designated in the permit, the department division shall grant to
  828  the lawful permitholder, subject to the conditions of this
  829  chapter, a license to conduct pari-mutuel operations under this
  830  chapter, and, except as provided in s. 550.5251, the department
  831  division shall fix annually the time, place, and number of days
  832  during which pari-mutuel operations may be conducted by the
  833  permitholder at the location fixed in the permit and ratified in
  834  the election. After the first license has been issued to the
  835  holder of a ratified permit for racing in any county, all
  836  subsequent annual applications for a license by that
  837  permitholder must be accompanied by proof, in such form as the
  838  department division requires, that the ratified permitholder
  839  still possesses all the qualifications prescribed by this
  840  chapter and that the permit has not been recalled at a later
  841  election held in the county.
  842         (b) The department division may revoke or suspend any
  843  permit or license issued under this chapter upon the willful
  844  violation by the permitholder or licensee of any provision of
  845  this chapter or of any rule adopted under this chapter. In lieu
  846  of suspending or revoking a permit or license, the department
  847  division may impose a civil penalty against the permitholder or
  848  licensee for a violation of this chapter or any rule adopted by
  849  the department division. The penalty so imposed may not exceed
  850  $1,000 for each count or separate offense. All penalties imposed
  851  and collected must be deposited with the Chief Financial Officer
  852  to the credit of the General Revenue Fund.
  853         (10) If a permitholder has failed to complete construction
  854  of at least 50 percent of the facilities necessary to conduct
  855  pari-mutuel operations within 12 months after approval by the
  856  voters of the permit, the department division shall revoke the
  857  permit upon adequate notice to the permitholder. However, the
  858  department division, upon good cause shown by the permitholder,
  859  may grant one extension of up to 12 months.
  860         (11)(a) A permit granted under this chapter may not be
  861  transferred or assigned except upon written approval by the
  862  department division pursuant to s. 550.1815, except that the
  863  holder of any permit that has been converted to a jai alai
  864  permit may lease or build anywhere within the county in which
  865  its permit is located.
  866         (b) If a permit to conduct pari-mutuel wagering is held by
  867  a corporation or business entity other than an individual, the
  868  transfer of 10 percent or more of the stock or other evidence of
  869  ownership or equity in the permitholder may not be made without
  870  the prior approval of the transferee by the department division
  871  pursuant to s. 550.1815.
  872         (12) Changes in ownership or interest of a pari-mutuel
  873  permit of 5 percent or more of the stock or other evidence of
  874  ownership or equity in the permitholder must shall be approved
  875  by the department before division prior to such change, unless
  876  the owner is an existing owner of that permit who was previously
  877  approved by the department division. Changes in ownership or
  878  interest of a pari-mutuel permit of less than 5 percent must
  879  shall be reported to the department division within 20 days of
  880  the change. The department division may then conduct an
  881  investigation to ensure that the permit is properly updated to
  882  show the change in ownership or interest.
  883         (13)(a) Notwithstanding any provisions of this chapter, a
  884  no thoroughbred horse racing permit or license issued under this
  885  chapter may not shall be transferred, or reissued if when such
  886  reissuance is in the nature of a transfer so as to permit or
  887  authorize a licensee to change the location of a thoroughbred
  888  horse racetrack except upon proof in such form as the department
  889  division may prescribe that a referendum election has been held:
  890         1. If the proposed new location is within the same county
  891  as the already licensed location, in the county where the
  892  licensee desires to conduct the race meeting and that a majority
  893  of the electors voting on that question in such election voted
  894  in favor of the transfer of such license.
  895         2. If the proposed new location is not within the same
  896  county as the already licensed location, in the county where the
  897  licensee desires to conduct the race meeting and in the county
  898  where the licensee is already licensed to conduct the race
  899  meeting and that a majority of the electors voting on that
  900  question in each such election voted in favor of the transfer of
  901  such license.
  902         (b) Each referendum held under the provisions of this
  903  subsection shall be held in accordance with the electoral
  904  procedures for ratification of permits, as provided in s.
  905  550.0651. The expense of each such referendum shall be borne by
  906  the licensee requesting the transfer.
  907         (14)(a) Any holder of a permit to conduct jai alai may
  908  apply to the department division to convert such permit to a
  909  permit to conduct greyhound racing in lieu of jai alai if:
  910         1. Such permit is located in a county in which the
  911  department division has issued only two pari-mutuel permits
  912  pursuant to this section;
  913         2. Such permit was not previously converted from any other
  914  class of permit; and
  915         3. The holder of the permit has not conducted jai alai
  916  games during a period of 10 years immediately preceding his or
  917  her application for conversion under this subsection.
  918         (b) The department division, upon application from the
  919  holder of a jai alai permit meeting all conditions of this
  920  section, shall convert the permit and shall issue to the
  921  permitholder a permit to conduct greyhound racing. A
  922  permitholder of a permit converted under this section shall be
  923  required to apply for and conduct a full schedule of live racing
  924  each fiscal year to be eligible for any tax credit provided by
  925  this chapter. The holder of a permit converted pursuant to this
  926  subsection or any holder of a permit to conduct greyhound racing
  927  located in a county in which it is the only permit issued
  928  pursuant to this section who operates at a leased facility
  929  pursuant to s. 550.475 may move the location for which the
  930  permit has been issued to another location within a 30-mile
  931  radius of the location fixed in the permit issued in that
  932  county, provided the move does not cross the county boundary and
  933  such location is approved under the zoning regulations of the
  934  county or municipality in which the permit is located, and upon
  935  such relocation may use the permit for the conduct of pari
  936  mutuel wagering and the operation of a cardroom. The provisions
  937  of s. 550.6305(9)(d) and (f) shall apply to any permit converted
  938  under this subsection and shall continue to apply to any permit
  939  that which was previously included under and subject to such
  940  provisions before a conversion pursuant to this section
  941  occurred.
  942         Section 15. Subsection (2) of section 550.0555, Florida
  943  Statutes, is amended to read:
  944         550.0555 Greyhound dogracing permits; relocation within a
  945  county; conditions.—
  946         (2) Any holder of a valid outstanding permit for greyhound
  947  dogracing in a county in which there is only one dogracing
  948  permit issued, as well as any holder of a valid outstanding
  949  permit for jai alai in a county where only one jai alai permit
  950  is issued, is authorized, without the necessity of an additional
  951  county referendum required under s. 550.0651, to move the
  952  location for which the permit has been issued to another
  953  location within a 30-mile radius of the location fixed in the
  954  permit issued in that county, if provided the move does not
  955  cross the county boundary, that such relocation is approved
  956  under the zoning regulations of the county or municipality in
  957  which the permit is to be located as a planned development use,
  958  consistent with the comprehensive plan, and that such move is
  959  approved by the department after it is determined at a
  960  proceeding pursuant to chapter 120 in the county affected that
  961  the move is necessary to ensure the revenue-producing capability
  962  of the permittee without deteriorating the revenue-producing
  963  capability of any other pari-mutuel permittee within 50 miles;
  964  the distance shall be measured on a straight line from the
  965  nearest property line of one racing plant or jai alai fronton to
  966  the nearest property line of the other.
  967         Section 16. Section 550.0651, Florida Statutes, is amended
  968  to read:
  969         550.0651 Elections for ratification of permits.—
  970         (1) The holder of any permit may have submitted to the
  971  electors of the county designated therein the question whether
  972  or not such permit will be ratified or rejected. Such questions
  973  shall be submitted to the electors for approval or rejection at
  974  a special election to be called for that purpose only. The board
  975  of county commissioners of the county designated, upon the
  976  presentation to such board at a regular or special meeting of a
  977  written application, accompanied by a certified copy of the
  978  permit granted by the department division, and asking for an
  979  election in the county in which the application was made, shall
  980  order a special election in the county for the particular
  981  purpose of deciding whether such permit shall be approved and
  982  license issued and race meetings permitted in such county by
  983  such permittee and shall cause the clerk of such board to give
  984  notice of the special election by publishing the same once each
  985  week for 2 consecutive weeks in one or more newspapers of
  986  general circulation in the county. Each permit covering each
  987  track must be voted upon separately and in separate elections,
  988  and an election may not be called more often than once every 2
  989  years for the ratification of any permit covering the same
  990  track.
  991         (2) All elections ordered under this chapter must be held
  992  within 90 days and not less than 21 days after the time of
  993  presenting such application to the board of county
  994  commissioners, and the inspectors of election shall be appointed
  995  and qualified as in cases of general elections, and they shall
  996  count the votes cast and make due returns of same to the board
  997  of county commissioners without delay. The board of county
  998  commissioners shall canvass the returns, declare the results,
  999  and cause the same to be recorded as provided in the general law
 1000  concerning elections so far as applicable.
 1001         (3) When a permit has been granted by the department
 1002  division and no application to the board of county commissioners
 1003  has been made by the permittee within 6 months after the
 1004  granting of the permit, the permit becomes void. The department
 1005  division shall cancel the permit without notice to the
 1006  permitholder, and the board of county commissioners holding the
 1007  deposit for the election shall refund the deposit to the
 1008  permitholder upon being notified by the department division that
 1009  the permit has become void and has been canceled.
 1010         (4) All electors duly registered and qualified to vote at
 1011  the last preceding general election held in such county are
 1012  qualified electors for such election, and in addition thereto
 1013  the registration books for such county shall be opened on the
 1014  10th day (if the 10th day is a Sunday or a holiday, then on the
 1015  next day not a Sunday or holiday) after such election is ordered
 1016  and called and must remain open for a period of 10 days for
 1017  additional registrations of persons qualified for registration
 1018  but not already registered. Electors for such special election
 1019  have the same qualifications for and prerequisites to voting in
 1020  elections as under the general election laws.
 1021         (5) If at any such special election the majority of the
 1022  electors voting on the question of ratification or rejection of
 1023  any permit vote against such ratification, such permit is void.
 1024  If a majority of the electors voting on the question of
 1025  ratification or rejection of any permit vote for such
 1026  ratification, such permit becomes effectual and the holder
 1027  thereof may conduct racing upon complying with the other
 1028  provisions of this chapter. The board of county commissioners
 1029  shall immediately certify the results of the election to the
 1030  department division.
 1031         Section 17. Subsections (1) and (4) of section 550.0745,
 1032  Florida Statutes, are amended to read:
 1033         550.0745 Conversion of pari-mutuel permit to summer jai
 1034  alai permit.—
 1035         (1) The owner or operator of a pari-mutuel permit who is
 1036  authorized by the department division to conduct pari-mutuel
 1037  pools on exhibition sports in any county having five or more
 1038  such pari-mutuel permits and whose mutuel play from the
 1039  operation of such pari-mutuel pools for the 2 consecutive years
 1040  next prior to filing an application under this section has had
 1041  the smallest play or total pool within the county may apply to
 1042  the department division to convert its permit to a permit to
 1043  conduct a summer jai alai fronton in such county during the
 1044  summer season commencing on May 1 and ending on November 30 of
 1045  each year on such dates as may be selected by such permittee for
 1046  the same number of days and performances as are allowed and
 1047  granted to winter jai alai frontons within such county. If a
 1048  permittee who is eligible under this section to convert a permit
 1049  declines to convert, a new permit is hereby made available in
 1050  that permittee’s county to conduct summer jai alai games as
 1051  provided by this section, notwithstanding mileage and permit
 1052  ratification requirements. If a permittee converts a quarter
 1053  horse permit pursuant to this section, nothing in this section
 1054  prohibits the permittee from obtaining another quarter horse
 1055  permit. Such permittee shall pay the same taxes as are fixed and
 1056  required to be paid from the pari-mutuel pools of winter jai
 1057  alai permittees and is bound by all of the rules and provisions
 1058  of this chapter which apply to the operation of winter jai alai
 1059  frontons. Such permittee shall only be permitted to operate a
 1060  jai alai fronton after its application has been submitted to the
 1061  department division and its license has been issued pursuant to
 1062  the application. The license is renewable from year to year as
 1063  provided by law.
 1064         (4) The provisions of this chapter which prohibit the
 1065  location and operation of jai alai frontons within a specified
 1066  distance from the location of another jai alai fronton or other
 1067  permittee and which prohibit the department division from
 1068  granting any permit at a location within a certain designated
 1069  area do not apply to the provisions of this section and do not
 1070  prevent the issuance of a license under this section.
 1071         Section 18. Section 550.0951, Florida Statutes, is amended
 1072  to read:
 1073         550.0951 Payment of daily license fee and taxes;
 1074  penalties.—
 1075         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
 1076  business of conducting race meetings or jai alai games under
 1077  this chapter, hereinafter referred to as the “permitholder,”
 1078  “licensee,” or “permittee,” shall pay to the department
 1079  division, for the use of the department division, a daily
 1080  license fee on each live or simulcast pari-mutuel event of $100
 1081  for each horserace and $80 for each dograce and $40 for each jai
 1082  alai game conducted at a racetrack or fronton licensed under
 1083  this chapter. In addition to the tax exemption specified in s.
 1084  550.09514(1) of $360,000 or $500,000 per greyhound permitholder
 1085  per state fiscal year, each greyhound permitholder shall receive
 1086  in the current state fiscal year a tax credit equal to the
 1087  number of live greyhound races conducted in the previous state
 1088  fiscal year times the daily license fee specified for each
 1089  dograce in this subsection applicable for the previous state
 1090  fiscal year. This tax credit and the exemption in s.
 1091  550.09514(1) shall be applicable to any tax imposed by this
 1092  chapter or the daily license fees imposed by this chapter except
 1093  during any charity or scholarship performances conducted
 1094  pursuant to s. 550.0351. Each permitholder shall pay daily
 1095  license fees not to exceed $500 per day on any simulcast races
 1096  or games on which such permitholder accepts wagers regardless of
 1097  the number of out-of-state events taken or the number of out-of
 1098  state locations from which such events are taken. This license
 1099  fee shall be deposited with the Chief Financial Officer to the
 1100  credit of the Pari-mutuel Wagering Trust Fund.
 1101         (b) Each permitholder that cannot utilize the full amount
 1102  of the exemption of $360,000 or $500,000 provided in s.
 1103  550.09514(1) or the daily license fee credit provided in this
 1104  section may, after notifying the department division in writing,
 1105  elect once per state fiscal year on a form provided by the
 1106  department division to transfer such exemption or credit or any
 1107  portion thereof to any greyhound permitholder that which acts as
 1108  a host track to such permitholder for the purpose of intertrack
 1109  wagering. Once an election to transfer such exemption or credit
 1110  is filed with the department division, it may shall not be
 1111  rescinded. The department division shall disapprove the transfer
 1112  when the amount of the exemption or credit or portion thereof is
 1113  unavailable to the transferring permitholder or when the
 1114  permitholder who is entitled to transfer the exemption or credit
 1115  or who is entitled to receive the exemption or credit owes taxes
 1116  to the state pursuant to a deficiency letter or administrative
 1117  complaint issued by the department division. Upon approval of
 1118  the transfer by the department division, the transferred tax
 1119  exemption or credit shall be effective for the first performance
 1120  of the next payment period as specified in subsection (5). The
 1121  exemption or credit transferred to such host track may be
 1122  applied by such host track against any taxes imposed by this
 1123  chapter or daily license fees imposed by this chapter. The
 1124  greyhound permitholder host track to which such exemption or
 1125  credit is transferred shall reimburse such permitholder the
 1126  exact monetary value of such transferred exemption or credit as
 1127  actually applied against the taxes and daily license fees of the
 1128  host track. The department division shall ensure that all
 1129  transfers of exemption or credit are made in accordance with
 1130  this subsection, and the department may shall have the authority
 1131  to adopt rules to ensure the implementation of this section.
 1132         (2) ADMISSION TAX.—
 1133         (a) An admission tax equal to 15 percent of the admission
 1134  charge for entrance to the permitholder’s facility and
 1135  grandstand area, or 10 cents, whichever is greater, is imposed
 1136  on each person attending a horserace, dograce, or jai alai game.
 1137  The permitholder shall be responsible for collecting the
 1138  admission tax.
 1139         (b) No admission tax under this chapter or chapter 212
 1140  shall be imposed on any free passes or complimentary cards
 1141  issued to persons for which there is no cost to the person for
 1142  admission to pari-mutuel events.
 1143         (c) A permitholder may issue tax-free passes to its
 1144  officers, officials, and employees or other persons actually
 1145  engaged in working at the racetrack, including accredited press
 1146  representatives such as reporters and editors, and may also
 1147  issue tax-free passes to other permitholders for the use of
 1148  their officers and officials. The permitholder shall file with
 1149  the department division a list of all persons to whom tax-free
 1150  passes are issued under this paragraph.
 1151         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
 1152  contributions to pari-mutuel pools, the aggregate of which is
 1153  hereinafter referred to as “handle,” on races or games conducted
 1154  by the permitholder. The tax is imposed daily and is based on
 1155  the total contributions to all pari-mutuel pools conducted
 1156  during the daily performance. If a permitholder conducts more
 1157  than one performance daily, the tax is imposed on each
 1158  performance separately.
 1159         (a) The tax on handle for quarter horse racing is 1.0
 1160  percent of the handle.
 1161         (b)1. The tax on handle for dogracing is 5.5 percent of the
 1162  handle, except that for live charity performances held pursuant
 1163  to s. 550.0351, and for intertrack wagering on such charity
 1164  performances at a guest greyhound track within the market area
 1165  of the host, the tax is 7.6 percent of the handle.
 1166         2. The tax on handle for jai alai is 7.1 percent of the
 1167  handle.
 1168         (c)1. The tax on handle for intertrack wagering is 2.0
 1169  percent of the handle if the host track is a horse track, 3.3
 1170  percent if the host track is a harness track, 5.5 percent if the
 1171  host track is a dog track, and 7.1 percent if the host track is
 1172  a jai alai fronton. The tax on handle for intertrack wagering is
 1173  0.5 percent if the host track and the guest track are
 1174  thoroughbred permitholders or if the guest track is located
 1175  outside the market area of the host track and within the market
 1176  area of a thoroughbred permitholder currently conducting a live
 1177  race meet. The tax on handle for intertrack wagering on
 1178  rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
 1179  of the handle and 1.5 percent of the handle for intertrack
 1180  wagering on rebroadcasts of simulcast harness horseraces. The
 1181  tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
 1182         2. The tax on handle for intertrack wagers accepted by any
 1183  dog track located in an area of the state in which there are
 1184  only three permitholders, all of which are greyhound
 1185  permitholders, located in three contiguous counties, from any
 1186  greyhound permitholder also located within such area or any dog
 1187  track or jai alai fronton located as specified in s. 550.615(6)
 1188  or (9), on races or games received from the same class of
 1189  permitholder located within the same market area is 3.9 percent
 1190  if the host facility is a greyhound permitholder and, if the
 1191  host facility is a jai alai permitholder, the rate shall be 6.1
 1192  percent except that it shall be 2.3 percent on handle at such
 1193  time as the total tax on intertrack handle paid to the
 1194  department division by the permitholder during the current state
 1195  fiscal year exceeds the total tax on intertrack handle paid to
 1196  the department division by the permitholder during the 1992-1993
 1197  state fiscal year.
 1198         (d) Notwithstanding any other provision of this chapter, in
 1199  order to protect the Florida jai alai industry, effective July
 1200  1, 2000, a jai alai permitholder may not be taxed on live handle
 1201  at a rate higher than 2 percent.
 1202         (4) BREAKS TAX.—Effective October 1, 1996, Each
 1203  permitholder conducting jai alai performances shall pay a tax
 1204  equal to the breaks. The “breaks” represents that portion of
 1205  each pari-mutuel pool which is not redistributed to the
 1206  contributors or withheld by the permitholder as commission.
 1207         (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1208  imposed by this section shall be paid to the department
 1209  division. The department division shall deposit these sums with
 1210  the Chief Financial Officer, to the credit of the Pari-mutuel
 1211  Wagering Trust Fund, hereby established. The permitholder shall
 1212  remit to the department division payment for the daily license
 1213  fee, the admission tax, the tax on handle, and the breaks tax.
 1214  Such payments shall be remitted by 3 p.m. Wednesday of each week
 1215  for taxes imposed and collected for the preceding week ending on
 1216  Sunday. Beginning on July 1, 2012, such payments shall be
 1217  remitted by 3 p.m. on the 5th day of each calendar month for
 1218  taxes imposed and collected for the preceding calendar month. If
 1219  the 5th day of the calendar month falls on a weekend, payments
 1220  shall be remitted by 3 p.m. the first Monday following the
 1221  weekend. Permitholders shall file a report under oath by the 5th
 1222  day of each calendar month for all taxes remitted during the
 1223  preceding calendar month. Such payments shall be accompanied by
 1224  a report under oath showing the total of all admissions, the
 1225  pari-mutuel wagering activities for the preceding calendar
 1226  month, and such other information as may be prescribed by the
 1227  department division.
 1228         (6) PENALTIES.—
 1229         (a) The failure of any permitholder to make payments as
 1230  prescribed in subsection (5) is a violation of this section, and
 1231  the permitholder may be subjected by the department division to
 1232  a civil penalty of up to $1,000 for each day the tax payment is
 1233  not remitted. All penalties imposed and collected shall be
 1234  deposited in the General Revenue Fund. If a permitholder fails
 1235  to pay penalties imposed by order of the department division
 1236  under this subsection, the department division may suspend or
 1237  revoke the license of the permitholder, cancel the permit of the
 1238  permitholder, or deny issuance of any further license or permit
 1239  to the permitholder.
 1240         (b) In addition to the civil penalty prescribed in
 1241  paragraph (a), any willful or wanton failure by any permitholder
 1242  to make payments of the daily license fee, admission tax, tax on
 1243  handle, or breaks tax constitutes sufficient grounds for the
 1244  department division to suspend or revoke the license of the
 1245  permitholder, to cancel the permit of the permitholder, or to
 1246  deny issuance of any further license or permit to the
 1247  permitholder.
 1248         Section 19. Subsections (2) and (3) of section 550.09511,
 1249  Florida Statutes, are amended to read:
 1250         550.09511 Jai alai taxes; abandoned interest in a permit
 1251  for nonpayment of taxes.—
 1252         (2) Notwithstanding the provisions of s. 550.0951(3)(b),
 1253  wagering on live jai alai performances shall be subject to the
 1254  following taxes:
 1255         (a)1. The tax on handle per performance for live jai alai
 1256  performances is 4.25 percent of handle per performance. However,
 1257  when the live handle of a permitholder during the preceding
 1258  state fiscal year was less than $15 million, the tax shall be
 1259  paid on the handle in excess of $30,000 per performance per day.
 1260         2. The tax rate shall be applicable only until the
 1261  requirements of paragraph (b) are met.
 1262         (b) At such time as the total of admissions tax, daily
 1263  license fee, and tax on handle for live jai alai performances
 1264  paid to the department division by a permitholder during the
 1265  current state fiscal year exceeds the total state tax revenues
 1266  from wagering on live jai alai performances paid or due by the
 1267  permitholder in fiscal year 1991-1992, the permitholder shall
 1268  pay tax on handle for live jai alai performances at a rate of
 1269  2.55 percent of the handle per performance for the remainder of
 1270  the current state fiscal year. For purposes of this section,
 1271  total state tax revenues on live jai alai wagering in fiscal
 1272  year 1991-1992 shall include any admissions tax, tax on handle,
 1273  surtaxes on handle, and daily license fees.
 1274         (c) If no tax on handle for live jai alai performances were
 1275  paid to the department division by a jai alai permitholder
 1276  during the 1991-1992 state fiscal year, then at such time as the
 1277  total of admissions tax, daily license fee, and tax on handle
 1278  for live jai alai performances paid to the department division
 1279  by a permitholder during the current state fiscal year exceeds
 1280  the total state tax revenues from wagering on live jai alai
 1281  performances paid or due by the permitholder in the last state
 1282  fiscal year in which the permitholder conducted a full schedule
 1283  of live games, the permitholder shall pay tax on handle for live
 1284  jai alai performances at a rate of 3.3 percent of the handle per
 1285  performance for the remainder of the current state fiscal year.
 1286  For purposes of this section, total state tax revenues on live
 1287  jai alai wagering shall include any admissions tax, tax on
 1288  handle, surtaxes on handle, and daily license fees. This
 1289  paragraph shall take effect July 1, 1993.
 1290         (d) A permitholder who obtains a new permit issued by the
 1291  department division subsequent to the 1991-1992 state fiscal
 1292  year and a permitholder whose permit has been converted to a jai
 1293  alai permit under the provisions of this chapter, shall, at such
 1294  time as the total of admissions tax, daily license fee, and tax
 1295  on handle for live jai alai performances paid to the department
 1296  division by the permitholder during the current state fiscal
 1297  year exceeds the average total state tax revenues from wagering
 1298  on live jai alai performances for the first 3 consecutive jai
 1299  alai seasons paid to or due the department division by the
 1300  permitholder and during which the permitholder conducted a full
 1301  schedule of live games, pay tax on handle for live jai alai
 1302  performances at a rate of 3.3 percent of the handle per
 1303  performance for the remainder of the current state fiscal year.
 1304         (e) The payment of taxes pursuant to paragraphs (b), (c),
 1305  and (d) shall be calculated and commence beginning the day in
 1306  which the permitholder is first entitled to the reduced rate
 1307  specified in this section and the report of taxes required by s.
 1308  550.0951(5) is submitted to the department division.
 1309         (f) A jai alai permitholder paying taxes under this section
 1310  shall retain the breaks and pay an amount equal to the breaks as
 1311  special prize awards, which shall be in addition to the regular
 1312  contracted prize money paid to jai alai players at the
 1313  permitholder’s facility. Payment of the special prize money
 1314  shall be made during the permitholder’s current meet.
 1315         (g) For purposes of this section, “handle” has shall have
 1316  the same meaning as in s. 550.0951, and does shall not include
 1317  handle from intertrack wagering.
 1318         (3)(a) Notwithstanding the provisions of subsection (2) and
 1319  s. 550.0951(3)(c)1., any jai alai permitholder that which is
 1320  restricted under Florida law from operating live performances on
 1321  a year-round basis is entitled to conduct wagering on live
 1322  performances at a tax rate of 3.85 percent of live handle. Such
 1323  permitholder is also entitled to conduct intertrack wagering as
 1324  a host permitholder on live jai alai games at its fronton at a
 1325  tax rate of 3.3 percent of handle at such time as the total tax
 1326  on intertrack handle paid to the department division by the
 1327  permitholder during the current state fiscal year exceeds the
 1328  total tax on intertrack handle paid to the department division
 1329  by the permitholder during the 1992-1993 state fiscal year.
 1330         (b) The payment of taxes pursuant to paragraph (a) shall be
 1331  calculated and commence beginning the day in which the
 1332  permitholder is first entitled to the reduced rate specified in
 1333  this subsection.
 1334         Section 20. Section 550.09512, Florida Statutes, is amended
 1335  to read:
 1336         550.09512 Harness horse taxes; abandoned interest in a
 1337  permit for nonpayment of taxes.—
 1338         (1) Pari-mutuel wagering at harness horse racetracks in
 1339  this state is an important business enterprise, and taxes
 1340  derived therefrom constitute a part of the tax structure which
 1341  funds operation of the state. Harness horse permitholders should
 1342  pay their fair share of these taxes to the state. This business
 1343  interest should not be taxed to such an extent as to cause any
 1344  racetrack that which is operated under sound business principles
 1345  to be forced out of business. Due to the need to protect the
 1346  public health, safety, and welfare, the gaming laws of the state
 1347  provide for the harness horse industry to be highly regulated
 1348  and taxed. The state recognizes that there exist identifiable
 1349  differences between harness horse permitholders based upon their
 1350  ability to operate under such regulation and tax system.
 1351         (2)(a) The tax on handle for live harness horse
 1352  performances is 0.5 percent of handle per performance.
 1353         (b) For purposes of this section, the term “handle” has
 1354  shall have the same meaning as in s. 550.0951, and does shall
 1355  not include handle from intertrack wagering.
 1356         (3)(a) The permit of a harness horse permitholder who does
 1357  not pay tax on handle for live harness horse performances for a
 1358  full schedule of live races during any 2 consecutive state
 1359  fiscal years shall be void and shall escheat to and become the
 1360  property of the state unless such failure to operate and pay tax
 1361  on handle was the direct result of fire, strike, war, or other
 1362  disaster or event beyond the ability of the permitholder to
 1363  control. Financial hardship to the permitholder does shall not,
 1364  in and of itself, constitute just cause for failure to operate
 1365  and pay tax on handle.
 1366         (b) In order to maximize the tax revenues to the state, the
 1367  department division shall reissue an escheated harness horse
 1368  permit to a qualified applicant pursuant to the provisions of
 1369  this chapter as for the issuance of an initial permit. However,
 1370  the provisions of this chapter relating to referendum
 1371  requirements for a pari-mutuel permit do shall not apply to the
 1372  reissuance of an escheated harness horse permit. As specified in
 1373  the application and upon approval by the department division of
 1374  an application for the permit, the new permitholder is shall be
 1375  authorized to operate a harness horse facility anywhere in the
 1376  same county in which the escheated permit was authorized to be
 1377  operated, notwithstanding the provisions of s. 550.054(2)
 1378  relating to mileage limitations.
 1379         (4) If In the event that a court of competent jurisdiction
 1380  determines any of the provisions of this section to be
 1381  unconstitutional, it is the intent of the Legislature that the
 1382  provisions contained in this section shall be null and void and
 1383  that the provisions of s. 550.0951 shall apply to all harness
 1384  horse permitholders beginning on the date of such judicial
 1385  determination. To this end, the Legislature declares that it
 1386  would not have enacted any of the provisions of this section
 1387  individually and, to that end, expressly finds them not to be
 1388  severable.
 1389         Section 21. Subsection (2) of section 550.09514, Florida
 1390  Statutes, is amended to read:
 1391         550.09514 Greyhound dogracing taxes; purse requirements.—
 1392         (2)(a) The division shall determine for each greyhound
 1393  permitholder the annual purse percentage rate of live handle for
 1394  the state fiscal year 1993-1994 by dividing total purses paid on
 1395  live handle by the permitholder, exclusive of payments made from
 1396  outside sources, during the 1993-1994 state fiscal year by the
 1397  permitholder’s live handle for the 1993-1994 state fiscal year.
 1398  Each permitholder shall pay as purses for live races conducted
 1399  during its current race meet at least the same ratio of purses
 1400  paid on live handle excluding payments from outside sources
 1401  divided by the permitholder’s live handle as it paid during the
 1402  a percentage of its live handle not less than the percentage
 1403  determined under this paragraph, exclusive of payments made by
 1404  outside sources, for its 1993-1994 state fiscal year, as
 1405  determined by the department.
 1406         (b) Except as otherwise set forth herein, in addition to
 1407  the minimum purse percentage required by paragraph (a), each
 1408  permitholder shall pay as purses an annual amount equal to 75
 1409  percent of the daily license fees paid by each permitholder for
 1410  the 1994-1995 fiscal year. This purse supplement shall be
 1411  disbursed weekly during the permitholder’s race meet in an
 1412  amount determined by dividing the annual purse supplement by the
 1413  number of performances approved for the permitholder pursuant to
 1414  its annual license and multiplying that amount by the number of
 1415  performances conducted each week. For the greyhound
 1416  permitholders in the county where there are two greyhound
 1417  permitholders located as specified in s. 550.615(6), such
 1418  permitholders shall pay in the aggregate an amount equal to 75
 1419  percent of the daily license fees paid by such permitholders for
 1420  the 1994-1995 fiscal year. These permitholders shall be jointly
 1421  and severally liable for such purse payments. The additional
 1422  purses provided by this paragraph must be used exclusively for
 1423  purses other than stakes. The department division shall conduct
 1424  audits necessary to ensure compliance with this section.
 1425         (c)1. Each greyhound permitholder when conducting at least
 1426  three live performances during any week shall pay purses in that
 1427  week on wagers it accepts as a guest track on intertrack and
 1428  simulcast greyhound races at the same rate as it pays on live
 1429  races. Each greyhound permitholder when conducting at least
 1430  three live performances during any week shall pay purses in that
 1431  week, at the same rate as it pays on live races, on wagers
 1432  accepted on greyhound races at a guest track that which is not
 1433  conducting live racing and is located within the same market
 1434  area as the greyhound permitholder conducting at least three
 1435  live performances during any week.
 1436         2. Each host greyhound permitholder shall pay purses on its
 1437  simulcast and intertrack broadcasts of greyhound races to guest
 1438  facilities that are located outside its market area in an amount
 1439  equal to one quarter of an amount determined by subtracting the
 1440  transmission costs of sending the simulcast or intertrack
 1441  broadcasts from an amount determined by adding the fees received
 1442  for greyhound simulcast races plus 3 percent of the greyhound
 1443  intertrack handle at guest facilities that are located outside
 1444  the market area of the host and that paid contractual fees to
 1445  the host for such broadcasts of greyhound races.
 1446         (d) The division shall require sufficient documentation
 1447  from each greyhound permitholder regarding purses paid on live
 1448  racing to assure that the annual purse percentage rates paid by
 1449  each permitholder on the live races are not reduced below those
 1450  paid during the 1993-1994 state fiscal year. The division shall
 1451  require sufficient documentation from each greyhound
 1452  permitholder to assure that the purses paid by each permitholder
 1453  on the greyhound intertrack and simulcast broadcasts are in
 1454  compliance with the requirements of paragraph (c).
 1455         (d)(e) In addition to the purse requirements of paragraphs
 1456  (a)-(c), each greyhound permitholder shall pay as purses an
 1457  amount equal to one-third of the amount of the tax reduction on
 1458  live and simulcast handle applicable to such permitholder as a
 1459  result of the reductions in tax rates on handle made by chapter
 1460  2000-354, Laws of Florida, in provided by this act through the
 1461  amendments to s. 550.0951(3). With respect to intertrack
 1462  wagering if when the host and guest tracks are greyhound
 1463  permitholders not within the same market area, an amount equal
 1464  to the tax reduction applicable to the guest track handle as a
 1465  result of the reduction in tax rate on handle made by chapter
 1466  2000-354, Laws of Florida, in provided by this act through the
 1467  amendment to s. 550.0951(3) shall be distributed to the guest
 1468  track, one-third of which amount shall be paid as purses at the
 1469  guest track. However, if the guest track is a greyhound
 1470  permitholder within the market area of the host or if the guest
 1471  track is not a greyhound permitholder, an amount equal to such
 1472  tax reduction applicable to the guest track handle shall be
 1473  retained by the host track, one-third of which amount shall be
 1474  paid as purses at the host track. These purse funds shall be
 1475  disbursed in the week received if the permitholder conducts at
 1476  least one live performance during that week. If the permitholder
 1477  does not conduct at least one live performance during the week
 1478  in which the purse funds are received, the purse funds shall be
 1479  disbursed weekly during the permitholder’s next race meet in an
 1480  amount determined by dividing the purse amount by the number of
 1481  performances approved for the permitholder pursuant to its
 1482  annual license, and multiplying that amount by the number of
 1483  performances conducted each week. The department division shall
 1484  conduct audits necessary to ensure compliance with this
 1485  paragraph.
 1486         (e)(f) Each greyhound permitholder shall, during the
 1487  permitholder’s race meet, supply kennel operators and the
 1488  department Division of Pari-Mutuel Wagering with a weekly report
 1489  showing purses paid on live greyhound races and all greyhound
 1490  intertrack and simulcast broadcasts, including both as a guest
 1491  and a host together with the handle or commission calculations
 1492  on which such purses were paid and the transmission costs of
 1493  sending the simulcast or intertrack broadcasts, so that the
 1494  kennel operators may determine statutory and contractual
 1495  compliance.
 1496         (f)(g) Each greyhound permitholder shall make direct
 1497  payment of purses to the greyhound owners who have filed with
 1498  such permitholder appropriate federal taxpayer identification
 1499  information based on the percentage amount agreed upon between
 1500  the kennel operator and the greyhound owner.
 1501         (g)(h) At the request of a majority of kennel operators
 1502  under contract with a greyhound permitholder, the permitholder
 1503  shall make deductions from purses paid to each kennel operator
 1504  electing such deduction and shall make a direct payment of such
 1505  deductions to the local association of greyhound kennel
 1506  operators formed by a majority of kennel operators under
 1507  contract with the permitholder. The amount of the deduction
 1508  shall be at least 1 percent of purses, as determined by the
 1509  local association of greyhound kennel operators. No deductions
 1510  may be taken pursuant to this paragraph without a kennel
 1511  operator’s specific approval before or after the effective date
 1512  of this act.
 1513         Section 22. Subsection (3) of section 550.09515, Florida
 1514  Statutes, is amended to read:
 1515         550.09515 Thoroughbred horse taxes; abandoned interest in a
 1516  permit for nonpayment of taxes.—
 1517         (3)(a) The permit of a thoroughbred horse permitholder who
 1518  does not pay tax on handle for live thoroughbred horse
 1519  performances for a full schedule of live races during any 2
 1520  consecutive state fiscal years shall be void and shall escheat
 1521  to and become the property of the state unless such failure to
 1522  operate and pay tax on handle was the direct result of fire,
 1523  strike, war, or other disaster or event beyond the ability of
 1524  the permitholder to control. Financial hardship to the
 1525  permitholder does shall not, in and of itself, constitute just
 1526  cause for failure to operate and pay tax on handle.
 1527         (b) In order to maximize the tax revenues to the state, the
 1528  department division shall reissue an escheated thoroughbred
 1529  horse permit to a qualified applicant pursuant to the provisions
 1530  of this chapter as for the issuance of an initial permit.
 1531  However, the provisions of this chapter relating to referendum
 1532  requirements for a pari-mutuel permit do shall not apply to the
 1533  reissuance of an escheated thoroughbred horse permit. As
 1534  specified in the application and upon approval by the department
 1535  division of an application for the permit, the new permitholder
 1536  shall be authorized to operate a thoroughbred horse facility
 1537  anywhere in the same county in which the escheated permit was
 1538  authorized to be operated, notwithstanding the provisions of s.
 1539  550.054(2) relating to mileage limitations.
 1540         Section 23. Section 550.105, Florida Statutes, is amended
 1541  to read:
 1542         550.105 Occupational licenses of racetrack employees; fees;
 1543  denial, suspension, and revocation of license; penalties and
 1544  fines.—
 1545         (1) Each person connected with a racetrack or jai alai
 1546  fronton, as specified in paragraph (2)(a), shall purchase from
 1547  the department division an occupational license. All moneys
 1548  collected pursuant to this section each fiscal year shall be
 1549  deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to
 1550  the rules adopted by the department division, an occupational
 1551  license may be valid for a period of up to 3 years for a fee
 1552  that does not exceed the full occupational license fee for each
 1553  of the years for which the license is purchased. The
 1554  occupational license shall be valid during its specified term at
 1555  any pari-mutuel facility.
 1556         (2)(a) The following licenses shall be issued to persons or
 1557  entities with access to the backside, racing animals, jai alai
 1558  players’ room, jockeys’ room, drivers’ room, totalisator room,
 1559  the mutuels, or money room, or to persons who, by virtue of the
 1560  position they hold, might be granted access to these areas or to
 1561  any other person or entity in one of the following categories
 1562  and with fees not to exceed the following amounts for any 12
 1563  month period:
 1564         1. Business licenses: any business such as a vendor,
 1565  contractual concessionaire, contract kennel, business owning
 1566  racing animals, trust or estate, totalisator company, stable
 1567  name, or other fictitious name: $50.
 1568         2. Professional occupational licenses: professional persons
 1569  with access to the backside of a racetrack or players’ quarters
 1570  in jai alai such as trainers, officials, veterinarians, doctors,
 1571  nurses, emergency medical technicians EMT’s, jockeys and
 1572  apprentices, drivers, jai alai players, owners, trustees, or any
 1573  management or officer or director or shareholder or any other
 1574  professional-level person who might have access to the jockeys’
 1575  room, the drivers’ room, the backside, racing animals, kennel
 1576  compound, or managers or supervisors requiring access to mutuels
 1577  machines, the money room, or totalisator equipment: $40.
 1578         3. General occupational licenses: general employees with
 1579  access to the jockeys’ room, the drivers’ room, racing animals,
 1580  the backside of a racetrack or players’ quarters in jai alai,
 1581  such as grooms, kennel helpers, leadouts, pelota makers, cesta
 1582  makers, or ball boys, or a practitioner of any other occupation
 1583  who would have access to the animals, the backside, or the
 1584  kennel compound, or who would provide the security or
 1585  maintenance of these areas, or mutuel employees, totalisator
 1586  employees, money-room employees, or any employee with access to
 1587  mutuels machines, the money room, or totalisator equipment or
 1588  who would provide the security or maintenance of these areas:
 1589  $10.
 1590  
 1591  The individuals and entities that are licensed under this
 1592  paragraph require heightened state scrutiny, including the
 1593  submission by the individual licensees or persons associated
 1594  with the entities described in this chapter of fingerprints for
 1595  a Federal Bureau of Investigation criminal records check.
 1596         (b) The department division shall adopt rules pertaining to
 1597  pari-mutuel occupational licenses, licensing periods, and
 1598  renewal cycles.
 1599         (3) Certified public accountants and attorneys licensed to
 1600  practice in this state are shall not be required to hold an
 1601  occupational license under this section while providing
 1602  accounting or legal services to a permitholder if the certified
 1603  public accountant’s or attorney’s primary place of employment is
 1604  not on the permitholder premises.
 1605         (4) It is unlawful to take part in or officiate in any way
 1606  at any pari-mutuel facility without first having secured a
 1607  license and paid the occupational license fee.
 1608         (5)(a) The department division may:
 1609         1. Deny a license to or revoke, suspend, or place
 1610  conditions upon or restrictions on a license of any person who
 1611  has been refused a license by any other state racing commission
 1612  or racing authority;
 1613         2. Deny, suspend, or place conditions on a license of any
 1614  person who is under suspension or has unpaid fines in another
 1615  jurisdiction;
 1616  
 1617  if the state racing commission or racing authority of such other
 1618  state or jurisdiction extends to the department division
 1619  reciprocal courtesy to maintain the disciplinary control.
 1620         (b) The department division may deny, suspend, revoke, or
 1621  declare ineligible any occupational license if the applicant for
 1622  or holder thereof has violated the provisions of this chapter or
 1623  the rules of the department division governing the conduct of
 1624  persons connected with racetracks and frontons. In addition, the
 1625  department division may deny, suspend, revoke, or declare
 1626  ineligible any occupational license if the applicant for such
 1627  license has been convicted in this state, in any other state, or
 1628  under the laws of the United States of a capital felony, a
 1629  felony, or an offense in any other state which would be a felony
 1630  under the laws of this state involving arson; trafficking in,
 1631  conspiracy to traffic in, smuggling, importing, conspiracy to
 1632  smuggle or import, or delivery, sale, or distribution of a
 1633  controlled substance; or a crime involving a lack of good moral
 1634  character, or has had a pari-mutuel license revoked by this
 1635  state or any other jurisdiction for an offense related to pari
 1636  mutuel wagering.
 1637         (c) The department division may deny, declare ineligible,
 1638  or revoke any occupational license if the applicant for such
 1639  license has been convicted of a felony or misdemeanor in this
 1640  state, in any other state, or under the laws of the United
 1641  States, if such felony or misdemeanor is related to gambling or
 1642  bookmaking, as contemplated in s. 849.25, or involves cruelty to
 1643  animals. If the applicant establishes that she or he is of good
 1644  moral character, that she or he has been rehabilitated, and that
 1645  the crime she or he was convicted of is not related to pari
 1646  mutuel wagering and is not a capital offense, the restrictions
 1647  excluding offenders may be waived by the director of the
 1648  department division.
 1649         (d) For purposes of this subsection, the term “convicted”
 1650  means having been found guilty, with or without adjudication of
 1651  guilt, as a result of a jury verdict, nonjury trial, or entry of
 1652  a plea of guilty or nolo contendere. However, the term
 1653  “conviction” may shall not be applied to a crime committed prior
 1654  to the effective date of this subsection in a manner that would
 1655  invalidate any occupational license issued prior to the
 1656  effective date of this subsection or subsequent renewal for any
 1657  person holding such a license.
 1658         (e) If an occupational license will expire by department
 1659  division rule during the period of a suspension the department
 1660  division intends to impose, or if a license would have expired
 1661  but for pending administrative charges and the occupational
 1662  licensee is found to be in violation of any of the charges, the
 1663  license may be revoked and a time period of license
 1664  ineligibility may be declared. The department division may bring
 1665  administrative charges against any person not holding a current
 1666  license for violations of statutes or rules which occurred while
 1667  such person held an occupational license, and the department
 1668  division may declare such person ineligible to hold a license
 1669  for a period of time. The department division may impose a civil
 1670  fine of up to $1,000 for each violation of the rules of the
 1671  department division in addition to or in lieu of any other
 1672  penalty provided for in this section. In addition to any other
 1673  penalty provided by law, the department division may exclude
 1674  from all pari-mutuel facilities in this state, for a period not
 1675  to exceed the period of suspension, revocation, or
 1676  ineligibility, any person whose occupational license application
 1677  has been denied by the department division, who has been
 1678  declared ineligible to hold an occupational license, or whose
 1679  occupational license has been suspended or revoked by the
 1680  department division.
 1681         (f) The department division may cancel any occupational
 1682  license that has been voluntarily relinquished by the licensee.
 1683         (6) In order to promote the orderly presentation of pari
 1684  mutuel meets authorized in this chapter, the department division
 1685  may issue a temporary occupational license. The department
 1686  division shall adopt rules to implement this subsection.
 1687  However, no temporary occupational license shall be valid for
 1688  more than 90 days, and no more than one temporary license may be
 1689  issued for any person in any year.
 1690         (7) The department division may deny, revoke, or suspend
 1691  any occupational license if the applicant therefor or holder
 1692  thereof accumulates unpaid obligations or defaults in
 1693  obligations, or issues drafts or checks that are dishonored or
 1694  for which payment is refused without reasonable cause, if such
 1695  unpaid obligations, defaults, or dishonored or refused drafts or
 1696  checks directly relate to the sport of jai alai or racing being
 1697  conducted at a pari-mutuel facility within this state.
 1698         (8) The department division may fine, or suspend or revoke,
 1699  or place conditions upon, the license of any licensee who under
 1700  oath knowingly provides false information regarding an
 1701  investigation by the department division.
 1702         (9) The tax imposed by this section is in lieu of all
 1703  license, excise, or occupational taxes to the state or any
 1704  county, municipality, or other political subdivision, except
 1705  that, if a race meeting or game is held or conducted in a
 1706  municipality, the municipality may assess and collect an
 1707  additional tax against any person conducting live racing or
 1708  games within its corporate limits, which tax may not exceed $150
 1709  per day for horseracing or $50 per day for dogracing or jai
 1710  alai. Except as provided in this chapter, a municipality may not
 1711  assess or collect any additional excise or revenue tax against
 1712  any person conducting race meetings within the corporate limits
 1713  of the municipality or against any patron of any such person.
 1714         (10)(a) Upon application for an occupational license, the
 1715  department division may require the applicant’s full legal name;
 1716  any nickname, alias, or maiden name for the applicant; name of
 1717  the applicant’s spouse; the applicant’s date of birth, residence
 1718  address, mailing address, residence address and business phone
 1719  number, and social security number; disclosure of any felony or
 1720  any conviction involving bookmaking, illegal gambling, or
 1721  cruelty to animals; disclosure of any past or present
 1722  enforcement or actions by any racing or gaming agency against
 1723  the applicant; and any information the department division
 1724  determines is necessary to establish the identity of the
 1725  applicant or to establish that the applicant is of good moral
 1726  character. Fingerprints shall be taken in a manner approved by
 1727  the department division and then shall be submitted to the
 1728  Federal Bureau of Investigation, or to the association of state
 1729  officials regulating pari-mutuel wagering pursuant to the
 1730  Federal Pari-mutuel Licensing Simplification Act of 1988. The
 1731  cost of processing fingerprints shall be borne by the applicant
 1732  and paid to the association of state officials regulating pari
 1733  mutuel wagering from the trust fund to which the processing fees
 1734  are deposited. The department division, by rule, may require
 1735  additional information from licensees which is reasonably
 1736  necessary to regulate the industry. The department division may,
 1737  by rule, exempt certain occupations or groups of persons from
 1738  the fingerprinting requirements.
 1739         (b) All fingerprints required by this section which that
 1740  are submitted to the Department of Law Enforcement shall be
 1741  retained by the Department of Law Enforcement and entered into
 1742  the statewide automated fingerprint identification system as
 1743  authorized by s. 943.05(2)(b) and shall be available for all
 1744  purposes and uses authorized for arrest fingerprint cards
 1745  entered into the statewide automated fingerprint identification
 1746  system pursuant to s. 943.051.
 1747         (c) The Department of Law Enforcement shall search all
 1748  arrest fingerprints received pursuant to s. 943.051 against the
 1749  fingerprints retained in the statewide automated fingerprint
 1750  identification system under paragraph (b). Any arrest record
 1751  that is identified with the retained fingerprints of a person
 1752  subject to the criminal history screening requirements of this
 1753  section shall be reported to the department division. Each
 1754  licensee shall pay a fee to the department division for the cost
 1755  of retention of the fingerprints and the ongoing searches under
 1756  this paragraph. The department division shall forward the
 1757  payment to the Department of Law Enforcement. The amount of the
 1758  fee to be imposed for performing these searches and the
 1759  procedures for the retention of licensee fingerprints shall be
 1760  as established by rule of the Department of Law Enforcement. The
 1761  department division shall inform the Department of Law
 1762  Enforcement of any change in the license status of licensees
 1763  whose fingerprints are retained under paragraph (b).
 1764         (d) The department division shall request the Department of
 1765  Law Enforcement to forward the fingerprints to the Federal
 1766  Bureau of Investigation for a national criminal history records
 1767  check at least once every 5 years following issuance of a
 1768  license. If the fingerprints of a person who is licensed have
 1769  not been retained by the Department of Law Enforcement, the
 1770  person must file a complete set of fingerprints as provided in
 1771  paragraph (a). The department division shall collect the fees
 1772  for the cost of the national criminal history records check
 1773  under this paragraph and forward the payment to the Department
 1774  of Law Enforcement. The cost of processing fingerprints and
 1775  conducting a criminal history records check under this paragraph
 1776  for a general occupational license shall be borne by the
 1777  applicant. The cost of processing fingerprints and conducting a
 1778  criminal history records check under this paragraph for a
 1779  business or professional occupational license shall be borne by
 1780  the person being checked. The Department of Law Enforcement may
 1781  send an invoice to the department division for the fingerprints
 1782  submitted each month. Under penalty of perjury, each person who
 1783  is licensed or who is fingerprinted as required by this section
 1784  must agree to inform the department division within 48 hours if
 1785  he or she is convicted of or has entered a plea of guilty or
 1786  nolo contendere to any disqualifying offense, regardless of
 1787  adjudication.
 1788         Section 24. Subsection (1) of section 550.1155, Florida
 1789  Statutes, is amended to read:
 1790         550.1155 Authority of stewards, judges, panel of judges, or
 1791  player’s manager to impose penalties against occupational
 1792  licensees; disposition of funds collected.—
 1793         (1) The stewards at a horse racetrack; the judges at a dog
 1794  track; or the judges, a panel of judges, or a player’s manager
 1795  at a jai alai fronton may impose a civil penalty against any
 1796  occupational licensee for violation of the pari-mutuel laws or
 1797  any rule adopted by the department division. The penalty may not
 1798  exceed $1,000 for each count or separate offense or exceed 60
 1799  days of suspension for each count or separate offense.
 1800         Section 25. Subsections (2) and (3) of section 550.125,
 1801  Florida Statutes, are amended to read:
 1802         550.125 Uniform reporting system; bond requirement.—
 1803         (2)(a) Each permitholder that conducts race meetings or jai
 1804  alai exhibitions under this chapter shall keep records that
 1805  clearly show the total number of admissions and the total amount
 1806  of money contributed to each pari-mutuel pool on each race or
 1807  exhibition separately and the amount of money received daily
 1808  from admission fees and, within 120 days after the end of its
 1809  fiscal year, shall submit to the division a complete annual
 1810  report of its accounts, audited by a certified public accountant
 1811  licensed to practice in the state.
 1812         (b) The department division shall adopt rules specifying
 1813  the form and content of such reports, including, but not limited
 1814  to, requirements for a statement of assets and liabilities,
 1815  operating revenues and expenses, and net worth, which statement
 1816  must be audited by a certified public accountant licensed to
 1817  practice in this state, and any supporting informational
 1818  schedule found necessary by the department division to verify
 1819  the foregoing financial statement, which informational schedule
 1820  must be attested to under oath by the permitholder or an officer
 1821  of record, to permit the division to:
 1822         1. Assess the profitability and financial soundness of
 1823  permitholders, both individually and as an industry;
 1824         2. Plan and recommend measures necessary to preserve and
 1825  protect the pari-mutuel revenues of the state; and
 1826         3. Completely identify the holdings, transactions, and
 1827  investments of permitholders with other business entities.
 1828         (c) The Auditor General and the Office of Program Policy
 1829  Analysis and Government Accountability may, pursuant to their
 1830  own authority or at the direction of the Legislative Auditing
 1831  Committee, audit, examine, and check the books and records of
 1832  any permitholder. These audit reports shall become part of, and
 1833  be maintained in, the division files.
 1834         (d) The department division shall annually review the books
 1835  and records of each permitholder and verify that the breaks and
 1836  unclaimed ticket payments made by each permitholder are true and
 1837  correct.
 1838         (3)(a) Each permitholder to which a license is granted
 1839  under this chapter, at its own cost and expense, must, before
 1840  the license is delivered, give a bond in the penal sum of
 1841  $50,000 payable to the Governor of the state and her or his
 1842  successors in office, with a surety or sureties to be approved
 1843  by the department division and the Chief Financial Officer,
 1844  conditioned to faithfully make the payments to the Chief
 1845  Financial Officer in her or his capacity as treasurer of the
 1846  department division; to keep its books and records and make
 1847  reports as provided; and to conduct its racing in conformity
 1848  with this chapter. When the greatest amount of tax owed during
 1849  any month in the prior state fiscal year, in which a full
 1850  schedule of live racing was conducted, is less than $50,000, the
 1851  department division may assess a bond in a sum less than
 1852  $50,000. The department division may review the bond for
 1853  adequacy and require adjustments each fiscal year. The division
 1854  may has the authority to adopt rules to implement this paragraph
 1855  and establish guidelines for such bonds.
 1856         (b) The provisions of this chapter concerning bonding do
 1857  not apply to nonwagering licenses issued pursuant to s. 550.505.
 1858         Section 26. Subsections (1) and (3) of section 550.135,
 1859  Florida Statutes, are amended to read:
 1860         550.135 Division of moneys derived under this law.—All
 1861  moneys that are deposited with the Chief Financial Officer to
 1862  the credit of the Pari-mutuel Wagering Trust Fund shall be
 1863  distributed as follows:
 1864         (1) The daily license fee revenues collected pursuant to s.
 1865  550.0951(1) shall be used to fund the operating cost of the
 1866  department division and to provide a proportionate share of the
 1867  operation of the office of the secretary and the Division of
 1868  Administration of the Department of Business and Professional
 1869  Regulation; however, other collections in the Pari-mutuel
 1870  Wagering Trust Fund may also be used to fund the operation of
 1871  the division in accordance with authorized appropriations.
 1872         (3) The slot machine license fee, the slot machine
 1873  occupational license fee, and the compulsive or addictive
 1874  gambling prevention program fee collected pursuant to ss.
 1875  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
 1876  direct and indirect operating expenses of the department’s
 1877  division’s slot machine regulation operations and to provide
 1878  funding for relevant enforcement activities in accordance with
 1879  authorized appropriations. Funds deposited into the Pari-mutuel
 1880  Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
 1881  and 551.118 shall be reserved in the trust fund for slot machine
 1882  regulation operations. On June 30, any unappropriated funds in
 1883  excess of those necessary for incurred obligations and
 1884  subsequent year cash flow for slot machine regulation operations
 1885  shall be deposited with the Chief Financial Officer to the
 1886  credit of the General Revenue Fund.
 1887         Section 27. Subsection (1) of section 550.155, Florida
 1888  Statutes, is amended to read:
 1889         550.155 Pari-mutuel pool within track enclosure; takeouts;
 1890  breaks; penalty for purchasing part of a pari-mutuel pool for or
 1891  through another in specified circumstances.—
 1892         (1) Wagering on the results of a horserace, dograce, or on
 1893  the scores or points of a jai alai game and the sale of tickets
 1894  or other evidences showing an interest in or a contribution to a
 1895  pari-mutuel pool are allowed within the enclosure of any pari
 1896  mutuel facility licensed and conducted under this chapter but
 1897  are not allowed elsewhere in this state, must be supervised by
 1898  the department division, and are subject to such reasonable
 1899  rules that the department division prescribes.
 1900         Section 28. Subsection (2) and paragraph (a) of subsection
 1901  (3) of section 550.1648, Florida Statutes, are amended to read:
 1902         550.1648 Greyhound adoptions.—
 1903         (2) In addition to the charity days authorized under s.
 1904  550.0351, a greyhound permitholder may fund the greyhound
 1905  adoption program by holding a charity racing day designated as
 1906  “Greyhound Adopt-A-Pet Day.” All profits derived from the
 1907  operation of the charity day must be placed into a fund used to
 1908  support activities at the racing facility which promote the
 1909  adoption of greyhounds. The department division may adopt rules
 1910  for administering the fund. Proceeds from the charity day
 1911  authorized in this subsection may not be used as a source of
 1912  funds for the purposes set forth in s. 550.1647.
 1913         (3)(a) Upon a violation of this section by a permitholder
 1914  or licensee, the department division may impose a penalty as
 1915  provided in s. 550.0251(10) and require the permitholder to take
 1916  corrective action.
 1917         Section 29. Section 550.175, Florida Statutes, is amended
 1918  to read:
 1919         550.175 Petition for election to revoke permit.—Upon
 1920  petition of 20 percent of the qualified electors of any county
 1921  wherein any racing has been licensed and conducted under this
 1922  chapter, the county commissioners of such county shall provide
 1923  for the submission to the electors of such county at the then
 1924  next succeeding general election the question of whether any
 1925  permit or permits theretofore granted shall be continued or
 1926  revoked, and if a majority of the electors voting on such
 1927  question in such election vote to cancel or recall the permit
 1928  theretofore given, the department division may not thereafter
 1929  grant any license on the permit so recalled. Every signature
 1930  upon every recall petition must be signed in the presence of the
 1931  clerk of the board of county commissioners at the office of the
 1932  clerk of the circuit court of the county, and the petitioner
 1933  must present at the time of such signing her or his registration
 1934  receipt showing the petitioner’s qualification as an elector of
 1935  the county at the time of the signing of the petition. Not more
 1936  than one permit may be included in any one petition; and, in all
 1937  elections in which the recall of more than one permit is voted
 1938  on, the voters shall be given an opportunity to vote for or
 1939  against the recall of each permit separately. Nothing in This
 1940  chapter does not shall be construed to prevent the holding of
 1941  later referendum or recall elections.
 1942         Section 30. Section 550.1815, Florida Statutes, is amended
 1943  to read:
 1944         550.1815 Certain persons prohibited from holding racing or
 1945  jai alai permits; suspension and revocation.—
 1946         (1) A corporation, general or limited partnership, sole
 1947  proprietorship, business trust, joint venture, or unincorporated
 1948  association, or other business entity may not hold any
 1949  horseracing or dogracing permit or jai alai fronton permit in
 1950  this state if any one of the persons or entities specified in
 1951  paragraph (a) has been determined by the department division not
 1952  to be of good moral character or has been convicted of any
 1953  offense specified in paragraph (b).
 1954         (a)1. The permitholder;
 1955         2. An employee of the permitholder;
 1956         3. The sole proprietor of the permitholder;
 1957         4. A corporate officer or director of the permitholder;
 1958         5. A general partner of the permitholder;
 1959         6. A trustee of the permitholder;
 1960         7. A member of an unincorporated association permitholder;
 1961         8. A joint venturer of the permitholder;
 1962         9. The owner of more than 5 percent of any equity interest
 1963  in the permitholder, whether as a common shareholder, general or
 1964  limited partner, voting trustee, or trust beneficiary; or
 1965         10. An owner of any interest in the permit or permitholder,
 1966  including any immediate family member of the owner, or holder of
 1967  any debt, mortgage, contract, or concession from the
 1968  permitholder, who by virtue thereof is able to control the
 1969  business of the permitholder.
 1970         (b)1. A felony in this state;
 1971         2. Any felony in any other state which would be a felony if
 1972  committed in this state under the laws of this state;
 1973         3. Any felony under the laws of the United States;
 1974         4. A felony under the laws of another state if related to
 1975  gambling which would be a felony under the laws of this state if
 1976  committed in this state; or
 1977         5. Bookmaking as defined in s. 849.25.
 1978         (2)(a) If the applicant for permit as specified under
 1979  subsection (1) or a permitholder as specified in paragraph
 1980  (1)(a) has received a full pardon or a restoration of civil
 1981  rights with respect to the conviction specified in paragraph
 1982  (1)(b), the conviction does not constitute an absolute bar to
 1983  the issuance or renewal of a permit or a ground for the
 1984  revocation or suspension of a permit.
 1985         (b) A corporation that has been convicted of a felony is
 1986  entitled to apply for and receive a restoration of its civil
 1987  rights in the same manner and on the same grounds as an
 1988  individual.
 1989         (3) After notice and hearing, the department division shall
 1990  refuse to issue or renew or shall suspend, as appropriate, any
 1991  permit found in violation of subsection (1). The order shall
 1992  become effective 120 days after service of the order upon the
 1993  permitholder and shall be amended to constitute a final order of
 1994  revocation unless the permitholder has, within that period of
 1995  time, either caused the divestiture, or agreed with the
 1996  convicted person upon a complete immediate divestiture, of her
 1997  or his holding, or has petitioned the circuit court as provided
 1998  in subsection (4) or, in the case of corporate officers or
 1999  directors of the holder or employees of the holder, has
 2000  terminated the relationship between the permitholder and those
 2001  persons mentioned. The department division may, by order, extend
 2002  the 120-day period for divestiture, upon good cause shown, to
 2003  avoid interruption of any jai alai or race meeting or to
 2004  otherwise effectuate this section. If no action has been taken
 2005  by the permitholder within the 120-day period following the
 2006  issuance of the order of suspension, the department division
 2007  shall, without further notice or hearing, enter a final order of
 2008  revocation of the permit. When any permitholder or sole
 2009  proprietor of a permitholder is convicted of an offense
 2010  specified in paragraph (1)(b), the department may approve a
 2011  transfer of the permit to a qualified applicant, upon a finding
 2012  that revocation of the permit would impair the state’s revenue
 2013  from the operation of the permit or otherwise be detrimental to
 2014  the interests of the state in the regulation of the industry of
 2015  pari-mutuel wagering. In such approval, no public referendum is
 2016  required, notwithstanding any other provision of law. A petition
 2017  for transfer after conviction must be filed with the department
 2018  within 30 days after service upon the permitholder of the final
 2019  order of revocation. The timely filing of such a petition
 2020  automatically stays any revocation order until further order of
 2021  the department.
 2022         (4) The circuit courts have jurisdiction to decide a
 2023  petition brought by a holder of a pari-mutuel permit that shows
 2024  that its permit is in jeopardy of suspension or revocation under
 2025  subsection (3) and that it is unable to agree upon the terms of
 2026  divestiture of interest with the person specified in
 2027  subparagraphs (1)(a)3.-9. who has been convicted of an offense
 2028  specified in paragraph (1)(b). The court shall determine the
 2029  reasonable value of the interest of the convicted person and
 2030  order a divestiture upon such terms and conditions as it finds
 2031  just. In determining the value of the interest of the convicted
 2032  person, the court may consider, among other matters, the value
 2033  of the assets of the permitholder, its good will and value as a
 2034  going concern, recent and expected future earnings, and other
 2035  criteria usual and customary in the sale of like enterprises.
 2036         (5) The department division shall adopt make such rules for
 2037  the photographing, fingerprinting, and obtaining of personal
 2038  data of individuals described in paragraph (1)(a) and the
 2039  obtaining of such data regarding the business entities described
 2040  in paragraph (1)(a) as is necessary to effectuate the provisions
 2041  of this section.
 2042         Section 31. Subsection (2), paragraph (c) of subsection
 2043  (3), and subsections (4) and (6) of section 550.24055, Florida
 2044  Statutes, are amended to read:
 2045         550.24055 Use of controlled substances or alcohol
 2046  prohibited; testing of certain occupational licensees; penalty;
 2047  evidence of test or action taken and admissibility for criminal
 2048  prosecution limited.—
 2049         (2) The occupational licensees, by applying for and holding
 2050  such licenses, are deemed to have given their consents to submit
 2051  to an approved chemical test of their breath for the purpose of
 2052  determining the alcoholic content of their blood and to a urine
 2053  or blood test for the purpose of detecting the presence of
 2054  controlled substances. Such tests shall only be conducted only
 2055  upon reasonable cause that a violation has occurred as shall be
 2056  determined solely by the stewards at a horseracing meeting or
 2057  the judges or board of judges at a dogtrack or jai alai meet.
 2058  The failure to submit to such test may result in a suspension of
 2059  the person’s occupational license for a period of 10 days or
 2060  until this section has been complied with, whichever is longer.
 2061         (a) If there was at the time of the test 0.05 percent or
 2062  less by weight of alcohol in the person’s blood, the person is
 2063  presumed not to have been under the influence of alcoholic
 2064  beverages to the extent that the person’s normal faculties were
 2065  impaired, and no action of any sort may be taken by the
 2066  stewards, judges, or board of judges or the department division.
 2067         (b) If there was at the time of the test an excess of 0.05
 2068  percent but less than 0.08 percent by weight of alcohol in the
 2069  person’s blood, that fact does not give rise to any presumption
 2070  that the person was or was not under the influence of alcoholic
 2071  beverages to the extent that the person’s faculties were
 2072  impaired, but the stewards, judges, or board of judges may
 2073  consider that fact in determining whether or not the person will
 2074  be allowed to officiate or participate in any given race or jai
 2075  alai game.
 2076         (c) If there was at the time of the test 0.08 percent or
 2077  more by weight of alcohol in the person’s blood, that fact is
 2078  prima facie evidence that the person was under the influence of
 2079  alcoholic beverages to the extent that the person’s normal
 2080  faculties were impaired, and the stewards or judges may take
 2081  action as set forth in this section, but the person may not
 2082  officiate at or participate in any race or jai alai game on the
 2083  day of such test.
 2084  
 2085  All tests relating to alcohol must be performed in a manner
 2086  substantially similar, or identical, to the provisions of s.
 2087  316.1934 and rules adopted pursuant to that section. Following a
 2088  test of the urine or blood to determine the presence of a
 2089  controlled substance as defined in chapter 893, if a controlled
 2090  substance is found to exist, the stewards, judges, or board of
 2091  judges may take such action as is permitted in this section.
 2092         (3) A violation of subsection (2) is subject to the
 2093  following penalties:
 2094         (c) If the second violation occurred within 1 year after
 2095  the first violation, then upon the finding of a third violation
 2096  of this section within 1 year after the second violation, the
 2097  stewards, judges, or board of judges may suspend the licensee
 2098  for up to 120 days; and the stewards, judges, or board of judges
 2099  shall forward the results of the tests under paragraphs (a) and
 2100  (b) and this violation to the department division. In addition
 2101  to the action taken by the stewards, judges, or board of judges,
 2102  the department division, after a hearing, may deny, suspend, or
 2103  revoke the occupational license of the licensee and may impose a
 2104  civil penalty of up to $5,000 in addition to, or in lieu of, a
 2105  suspension or revocation, it being the intent of the Legislature
 2106  that the department division shall have no authority over the
 2107  enforcement of this section until a licensee has committed the
 2108  third violation within 2 years after the first violation.
 2109         (4) Section 120.80(18) applies The provisions of s.
 2110  120.80(4)(a) apply to all actions taken by the stewards, judges,
 2111  or board of judges pursuant to this section without regard to
 2112  the limitation contained therein.
 2113         (6) Evidence of any test or actions taken by the stewards,
 2114  judges, or board of judges or the department division under this
 2115  section is inadmissible for any purpose in any court for
 2116  criminal prosecution, it being the intent of the Legislature to
 2117  provide a method and means by which the health, safety, and
 2118  welfare of those officiating at or participating in a race meet
 2119  or a jai alai game are sufficiently protected. However, this
 2120  subsection does not prohibit any person so authorized from
 2121  pursuing an independent investigation as a result of a ruling
 2122  made by the stewards, judges, or board of judges, or the
 2123  department division.
 2124         Section 32. Section 550.2415, Florida Statutes, is amended
 2125  to read:
 2126         550.2415 Racing of animals under certain conditions
 2127  prohibited; penalties; exceptions.—
 2128         (1)(a) The racing of an animal with any drug, medication,
 2129  stimulant, depressant, hypnotic, narcotic, local anesthetic, or
 2130  drug-masking agent is prohibited. It is a violation of this
 2131  section for a person to administer or cause to be administered
 2132  any drug, medication, stimulant, depressant, hypnotic, narcotic,
 2133  local anesthetic, or drug-masking agent to an animal which will
 2134  result in a positive test for such substance based on samples
 2135  taken from the animal immediately prior to or immediately after
 2136  the racing of that animal. Test results and the identities of
 2137  the animals being tested and of their trainers and owners of
 2138  record are confidential and exempt from s. 119.07(1) and from s.
 2139  24(a), Art. I of the State Constitution for 10 days after
 2140  testing of all samples collected on a particular day has been
 2141  completed and any positive test results derived from such
 2142  samples have been reported to the director of the department
 2143  division or administrative action has been commenced.
 2144         (b) It is a violation of this section for a race-day
 2145  specimen to contain a level of a naturally occurring substance
 2146  that which exceeds normal physiological concentrations. The
 2147  department division may adopt rules that specify normal
 2148  physiological concentrations of naturally occurring substances
 2149  in the natural untreated animal and rules that specify
 2150  acceptable levels of environmental contaminants and trace levels
 2151  of substances in test samples.
 2152         (c) The finding of a prohibited substance in a race-day
 2153  specimen constitutes prima facie evidence that the substance was
 2154  administered and was carried in the body of the animal while
 2155  participating in the race.
 2156         (2) Administrative action may be taken by the department
 2157  division against an occupational licensee responsible pursuant
 2158  to rule of the department division for the condition of an
 2159  animal that has been impermissibly medicated or drugged in
 2160  violation of this section.
 2161         (3)(a) Upon the finding of a violation of this section, the
 2162  department division may revoke or suspend the license or permit
 2163  of the violator or deny a license or permit to the violator;
 2164  impose a fine against the violator in an amount not exceeding
 2165  $5,000; require the full or partial return of the purse,
 2166  sweepstakes, and trophy of the race at issue; or impose against
 2167  the violator any combination of such penalties. The finding of a
 2168  violation of this section in no way prohibits a prosecution for
 2169  criminal acts committed.
 2170         (b) The department division, notwithstanding the provisions
 2171  of chapter 120, may summarily suspend the license of an
 2172  occupational licensee responsible under this section or
 2173  department division rule for the condition of a race animal if
 2174  the department’s division laboratory reports the presence of an
 2175  impermissible substance in the animal or its blood, urine,
 2176  saliva, or any other bodily fluid, either before a race in which
 2177  the animal is entered or after a race the animal has run.
 2178         (c) If an occupational licensee is summarily suspended
 2179  under this section, the department division shall offer the
 2180  licensee a prompt postsuspension hearing within 72 hours, at
 2181  which the department division shall produce the laboratory
 2182  report and documentation that which, on its face, establishes
 2183  the responsibility of the occupational licensee. Upon production
 2184  of the documentation, the occupational licensee has the burden
 2185  of proving his or her lack of responsibility.
 2186         (d) Any proceeding for administrative action against a
 2187  licensee or permittee, other than a proceeding under paragraph
 2188  (c), shall be conducted in compliance with chapter 120.
 2189         (4) A prosecution pursuant to this section for a violation
 2190  of this section must be commenced within 2 years after the
 2191  violation was committed. Service of an administrative complaint
 2192  marks the commencement of administrative action.
 2193         (5) The department division shall implement a split-sample
 2194  procedure for testing animals under this section.
 2195         (a) Upon finding a positive drug test result, the
 2196  department shall notify the owner or trainer of the results. The
 2197  owner may request that each urine and blood sample be split into
 2198  a primary sample and a secondary (split) sample. Such splitting
 2199  must be accomplished in the laboratory under rules approved by
 2200  the department division. Custody of both samples must remain
 2201  with the department division. However, upon request by the
 2202  affected trainer or owner of the animal from which the sample
 2203  was obtained, the department division shall send the split
 2204  sample to an approved independent laboratory for analysis. The
 2205  department division shall establish standards and rules for
 2206  uniform enforcement and shall maintain a list of at least five
 2207  approved independent laboratories for an owner or trainer to
 2208  select from in the event of a positive test sample.
 2209         (b) If the state laboratory’s findings are not confirmed by
 2210  the independent laboratory, no further administrative or
 2211  disciplinary action under this section may be pursued. The
 2212  department division may adopt rules identifying substances that
 2213  diminish in a blood or urine sample due to passage of time and
 2214  that must be taken into account in applying this section.
 2215         (c) If the independent laboratory confirms the state
 2216  laboratory’s positive result, or if there is an insufficient
 2217  quantity of the secondary (split) sample for confirmation of the
 2218  state laboratory’s positive result, the department division may
 2219  commence administrative proceedings as prescribed in this
 2220  chapter and consistent with chapter 120. For purposes of this
 2221  subsection, the department shall in good faith attempt to obtain
 2222  a sufficient quantity of the test fluid to allow both a primary
 2223  test and a secondary test to be made.
 2224         (6)(a) It is the intent of the Legislature that animals
 2225  that participate in races in this state on which pari-mutuel
 2226  wagering is conducted and animals that are bred and trained in
 2227  this state for racing be treated humanely, both on and off
 2228  racetracks, throughout the lives of the animals.
 2229         (b) The department division shall, by rule, adopt establish
 2230  the procedures for euthanizing greyhounds. However, a greyhound
 2231  may not be put to death by any means other than by lethal
 2232  injection of the drug sodium pentobarbital. A greyhound may not
 2233  be removed from this state for the purpose of being destroyed.
 2234         (c) It is a violation of this chapter for an occupational
 2235  licensee to train a greyhound using live or dead animals. A
 2236  greyhound may not be taken from this state for the purpose of
 2237  being trained through the use of live or dead animals.
 2238         (d) Any act committed by any licensee that would constitute
 2239  cruelty to animals as defined in s. 828.02 involving any animal
 2240  constitutes a violation of this chapter. Imposition of any
 2241  penalty by the department division for violation of this chapter
 2242  or any rule adopted by the department division pursuant to this
 2243  chapter does shall not prohibit a criminal prosecution for
 2244  cruelty to animals.
 2245         (e) The department division may inspect any area at a pari
 2246  mutuel facility where racing animals are raced, trained, housed,
 2247  or maintained, including any areas where food, medications, or
 2248  other supplies are kept, to ensure the humane treatment of
 2249  racing animals and compliance with this chapter and the rules of
 2250  the department division.
 2251         (7) Under no circumstances may any medication be
 2252  administered closer than 24 hours prior to the officially
 2253  scheduled post time of a race except as provided for in this
 2254  section.
 2255         (a) The department division shall adopt rules setting
 2256  conditions for the use of furosemide to treat exercise-induced
 2257  pulmonary hemorrhage.
 2258         (b) The department division shall adopt rules setting
 2259  conditions for the use of prednisolone sodium succinate, but
 2260  under no circumstances may furosemide or prednisolone sodium
 2261  succinate be administered closer than 4 hours prior to the
 2262  officially scheduled post time for the race.
 2263         (c) The department division shall adopt rules setting
 2264  conditions for the use of phenylbutazone and synthetic
 2265  corticosteroids; in no case, except as provided in paragraph
 2266  (b), shall these substances be given closer than 24 hours prior
 2267  to the officially scheduled post time of a race. Oral
 2268  corticosteroids are prohibited except when prescribed by a
 2269  licensed veterinarian and reported to the department division on
 2270  forms prescribed by the department division.
 2271         (d) Nothing in This section does not shall be interpreted
 2272  to prohibit the use of vitamins, minerals, or naturally
 2273  occurring substances so long as they do not exceed none exceeds
 2274  the normal physiological concentration in a race-day specimen.
 2275         (e) The department division may, by rule, establish
 2276  acceptable levels of permitted medications and shall select the
 2277  appropriate biological specimens by which the administration of
 2278  permitted medication is monitored.
 2279         (8)(a) Under no circumstances may any medication be
 2280  administered within 24 hours before the officially scheduled
 2281  post time of the race except as provided in this section.
 2282         (b) As an exception to this section, if the department
 2283  division first determines that the use of furosemide,
 2284  phenylbutazone, or prednisolone sodium succinate in horses is in
 2285  the best interest of racing, the department division may adopt
 2286  rules allowing such use. Any rules allowing the use of
 2287  furosemide, phenylbutazone, or prednisolone sodium succinate in
 2288  racing must set the conditions for such use. Under no
 2289  circumstances may a rule be adopted which allows the
 2290  administration of furosemide or prednisolone sodium succinate
 2291  within 4 hours before the officially scheduled post time for the
 2292  race. Under no circumstances may a rule be adopted which allows
 2293  the administration of phenylbutazone or any other synthetic
 2294  corticosteroid within 24 hours before the officially scheduled
 2295  post time for the race. Any administration of synthetic
 2296  corticosteroids is limited to parenteral routes. Oral
 2297  administration of synthetic corticosteroids is expressly
 2298  prohibited. If this paragraph is unconstitutional, it is
 2299  severable from the remainder of this section.
 2300         (c) The department division shall, by rule, establish
 2301  acceptable levels of permitted medications and shall select the
 2302  appropriate biological specimen by which the administration of
 2303  permitted medications is monitored.
 2304         (9)(a) The department division may conduct a postmortem
 2305  examination of any animal that is injured at a permitted
 2306  racetrack while in training or in competition and that
 2307  subsequently expires or is destroyed. The department division
 2308  may conduct a postmortem examination of any animal that expires
 2309  while housed at a permitted racetrack, association compound, or
 2310  licensed kennel or farm. Trainers and owners shall be requested
 2311  to comply with this paragraph as a condition of licensure.
 2312         (b) The department division may take possession of the
 2313  animal upon death for postmortem examination. The department
 2314  division may submit blood, urine, other bodily fluid specimens,
 2315  or other tissue specimens collected during a postmortem
 2316  examination for testing by the department division laboratory or
 2317  its designee. Upon completion of the postmortem examination, the
 2318  carcass must be returned to the owner or disposed of at the
 2319  owner’s option.
 2320         (10) The presence of a prohibited substance in an animal,
 2321  found by the department’s division laboratory in a bodily fluid
 2322  specimen collected during the postmortem examination of the
 2323  animal, which breaks down during a race constitutes a violation
 2324  of this section.
 2325         (11) The cost of postmortem examinations, testing, and
 2326  disposal must be borne by the department division.
 2327         (12) The department division shall adopt rules to implement
 2328  this section. The rules may include a classification system for
 2329  prohibited substances and a corresponding penalty schedule for
 2330  violations.
 2331         (13) Except as specifically modified by statute or by rules
 2332  of the department division, the Uniform Classification
 2333  Guidelines for Foreign Substances, revised February 14, 1995, as
 2334  promulgated by the Association of Racing Commissioners
 2335  International, Inc., is hereby adopted by reference as the
 2336  uniform classification system for class IV and V medications.
 2337         (14) The department division shall utilize only the thin
 2338  layer chromatography (TLC) screening process to test for the
 2339  presence of class IV and V medications in samples taken from
 2340  racehorses except when thresholds of a class IV or class V
 2341  medication have been established and are enforced by rule. Once
 2342  a sample has been identified as suspicious for a class IV or
 2343  class V medication by the TLC screening process, the sample will
 2344  be sent for confirmation by and through additional testing
 2345  methods. All other medications not classified by rule as a class
 2346  IV or class V agent are shall be subject to all forms of testing
 2347  available to the department division.
 2348         (15) The department division may implement by rule
 2349  medication levels recommended by the University of Florida
 2350  College of Veterinary Medicine developed pursuant to an
 2351  agreement between the department Division of Pari-mutuel
 2352  Wagering and the University of Florida College of Veterinary
 2353  Medicine. The University of Florida College of Veterinary
 2354  Medicine may provide written notification to the department
 2355  division that it has completed research or review on a
 2356  particular drug pursuant to the agreement and when the College
 2357  of Veterinary Medicine has completed a final report of its
 2358  findings, conclusions, and recommendations to the department
 2359  division.
 2360         (16) The testing medium for phenylbutazone in horses shall
 2361  be serum, and the department division may collect up to six full
 2362  15-milliliter blood tubes for each horse being sampled.
 2363         Section 33. Section 550.2614, Florida Statutes, is amended
 2364  to read:
 2365         550.2614 Distribution of certain funds to a horsemen’s
 2366  association.—
 2367         (1) Each licensee that holds a permit for thoroughbred
 2368  horse racing in this state shall deduct from the purses required
 2369  by s. 550.2625, an amount of money equal to 1 percent of the
 2370  total purse pool and shall pay that amount to a horsemen’s
 2371  association representing the majority of the thoroughbred
 2372  racehorse owners and trainers for its use in accordance with the
 2373  stated goals of its articles of association filed with the
 2374  Department of State.
 2375         (2) The funds are payable to the horsemen’s association
 2376  only upon presentation of a sworn statement by the officers of
 2377  the association that the horsemen’s association represents a
 2378  majority of the owners and trainers of thoroughbred horses
 2379  stabled in the state.
 2380         (3) Upon receiving a state license, each thoroughbred owner
 2381  and trainer shall receive automatic membership in the horsemen’s
 2382  association as defined in subsection (1) and be counted on the
 2383  membership rolls of that association, unless, within 30 calendar
 2384  days after receipt of license from the state, the individual
 2385  declines membership in writing, to the association as defined in
 2386  subsection (1).
 2387         (4) The department division shall adopt rules to facilitate
 2388  the orderly transfer of funds in accordance with this section.
 2389  The department division shall also monitor the membership rolls
 2390  of the horsemen’s association to ensure that complete, accurate,
 2391  and timely listings are maintained for the purposes specified in
 2392  this section.
 2393         Section 34. Subsection (3) of section 550.26165, Florida
 2394  Statutes, is amended to read:
 2395         550.26165 Breeders’ awards.—
 2396         (3) Breeders’ associations shall submit their plans to the
 2397  department division at least 60 days before the beginning of the
 2398  payment year. The payment year may be a calendar year or any 12
 2399  month period, but once established, the yearly base may not be
 2400  changed except for compelling reasons. Once a plan is approved,
 2401  the department division may not allow the plan to be amended
 2402  during the year, except for the most compelling reasons.
 2403         Section 35. Section 550.2625, Florida Statutes, is amended
 2404  to read:
 2405         550.2625 Horseracing; minimum purse requirement, Florida
 2406  breeders’ and owners’ awards.—
 2407         (1) The purse structure and the availability of breeder
 2408  awards are important factors in attracting the entry of well
 2409  bred horses in racing meets in this state which in turn helps to
 2410  produce maximum racing revenues for the state and the counties.
 2411         (2) Each permitholder conducting a horserace meet is
 2412  required to pay from the takeout withheld on pari-mutuel pools a
 2413  sum for purses in accordance with the type of race performed.
 2414         (a) A permitholder conducting a thoroughbred horse race
 2415  meet under this chapter must pay from the takeout withheld a sum
 2416  not less than 7.75 percent of all contributions to pari-mutuel
 2417  pools conducted during the race meet as purses. In addition to
 2418  the 7.75 percent minimum purse payment, permitholders conducting
 2419  live thoroughbred performances shall be required to pay as
 2420  additional purses .625 percent of live handle for performances
 2421  conducted during the period beginning on January 3 and ending
 2422  March 16; .225 percent for performances conducted during the
 2423  period beginning March 17 and ending May 22; and .85 percent for
 2424  performances conducted during the period beginning May 23 and
 2425  ending January 2. Except that any thoroughbred permitholder
 2426  whose total handle on live performances during the 1991-1992
 2427  state fiscal year was not greater than $34 million is not
 2428  subject to this additional purse payment. A permitholder
 2429  authorized to conduct thoroughbred racing may withhold from the
 2430  handle an additional amount equal to 1 percent on exotic
 2431  wagering for use as owners’ awards, and may withhold from the
 2432  handle an amount equal to 2 percent on exotic wagering for use
 2433  as overnight purses. A No permitholder may not withhold in
 2434  excess of 20 percent from the handle without withholding the
 2435  amounts set forth in this subsection.
 2436         (b)1. A permitholder conducting a harness horse race meet
 2437  under this chapter must pay to the purse pool from the takeout
 2438  withheld a purse requirement that totals an amount not less than
 2439  8.25 percent of all contributions to pari-mutuel pools conducted
 2440  during the race meet. An amount not less than 7.75 percent of
 2441  the total handle shall be paid from this purse pool as purses.
 2442         2. An amount not to exceed 0.5 percent of the total handle
 2443  on all harness horse races that are subject to the purse
 2444  requirement of subparagraph 1., must be available for use to
 2445  provide medical, dental, surgical, life, funeral, or disability
 2446  insurance benefits for occupational licensees who work at tracks
 2447  in this state at which harness horse races are conducted. Such
 2448  insurance benefits must be paid from the purse pool specified in
 2449  subparagraph 1. An annual plan for payment of insurance benefits
 2450  from the purse pool, including qualifications for eligibility,
 2451  must be submitted by the Florida Standardbred Breeders and
 2452  Owners Association for approval to the department division. An
 2453  annual report of the implemented plan shall be submitted to the
 2454  department division. All records of the Florida Standardbred
 2455  Breeders and Owners Association concerning the administration of
 2456  the plan must be available for audit at the discretion of the
 2457  department division to determine that the plan has been
 2458  implemented and administered as authorized. If the department
 2459  division finds that the Florida Standardbred Breeders and Owners
 2460  Association has not complied with the provisions of this
 2461  section, the department division may order the association to
 2462  cease and desist from administering the plan and shall appoint
 2463  the department division as temporary administrator of the plan
 2464  until the department division reestablishes administration of
 2465  the plan with the association.
 2466         (c) A permitholder conducting a quarter horse race meet
 2467  under this chapter shall pay from the takeout withheld a sum not
 2468  less than 6 percent of all contributions to pari-mutuel pools
 2469  conducted during the race meet as purses.
 2470         (d) The department division shall adopt reasonable rules to
 2471  ensure the timely and accurate payment of all amounts withheld
 2472  by horserace permitholders regarding the distribution of purses,
 2473  owners’ awards, and other amounts collected for payment to
 2474  owners and breeders. Each permitholder that fails to pay out all
 2475  moneys collected for payment to owners and breeders shall,
 2476  within 10 days after the end of the meet during which the
 2477  permitholder underpaid purses, deposit an amount equal to the
 2478  underpayment into a separate interest-bearing account to be
 2479  distributed to owners and breeders in accordance with department
 2480  division rules.
 2481         (e) An amount equal to 8.5 percent of the purse account
 2482  generated through intertrack wagering and interstate
 2483  simulcasting will be used for Florida Owners’ Awards as set
 2484  forth in subsection (3). Any thoroughbred permitholder with an
 2485  average blended takeout that which does not exceed 20 percent
 2486  and with an average daily purse distribution excluding
 2487  sponsorship, entry fees, and nominations exceeding $225,000 is
 2488  exempt from the provisions of this paragraph.
 2489         (3) Each horseracing permitholder conducting any
 2490  thoroughbred race under this chapter, including any intertrack
 2491  race taken pursuant to ss. 550.615-550.6305 or any interstate
 2492  simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
 2493  to 0.955 percent on all pari-mutuel pools conducted during any
 2494  such race for the payment of breeders’, stallion, or special
 2495  racing awards as authorized in this chapter. This subsection
 2496  also applies to all Breeder’s Cup races conducted outside this
 2497  state taken pursuant to s. 550.3551(3). On any race originating
 2498  live in this state which is broadcast out-of-state to any
 2499  location at which wagers are accepted pursuant to s.
 2500  550.3551(2), the host track is required to pay 3.475 percent of
 2501  the gross revenue derived from such out-of-state broadcasts as
 2502  breeders’, stallion, or special racing awards. The Florida
 2503  Thoroughbred Breeders’ Association is authorized to receive
 2504  these payments from the permitholders and make payments of
 2505  awards earned. The Florida Thoroughbred Breeders’ Association
 2506  has the right to withhold up to 10 percent of the permitholder’s
 2507  payments under this section as a fee for administering the
 2508  payments of awards and for general promotion of the industry.
 2509  The permitholder shall remit these payments to the Florida
 2510  Thoroughbred Breeders’ Association by the 5th day of each
 2511  calendar month for such sums accruing during the preceding
 2512  calendar month and shall report such payments to the department
 2513  division as prescribed by the department division. With the
 2514  exception of the 10-percent fee, the moneys paid by the
 2515  permitholders shall be maintained in a separate, interest
 2516  bearing account, and such payments together with any interest
 2517  earned shall be used exclusively for the payment of breeders’,
 2518  stallion, or special racing awards in accordance with the
 2519  following provisions:
 2520         (a) The breeder of each Florida-bred thoroughbred horse
 2521  winning a thoroughbred horse race is entitled to an award of up
 2522  to, but not exceeding, 20 percent of the announced gross purse,
 2523  including nomination fees, eligibility fees, starting fees,
 2524  supplementary fees, and moneys added by the sponsor of the race.
 2525         (b) The owner or owners of the sire of a Florida-bred
 2526  thoroughbred horse that wins a stakes race is entitled to a
 2527  stallion award of up to, but not exceeding, 20 percent of the
 2528  announced gross purse, including nomination fees, eligibility
 2529  fees, starting fees, supplementary fees, and moneys added by the
 2530  sponsor of the race.
 2531         (c) The owners of thoroughbred horses participating in
 2532  thoroughbred stakes races, nonstakes races, or both may receive
 2533  a special racing award in accordance with the agreement
 2534  established pursuant to s. 550.26165(1).
 2535         (d) In order for a breeder of a Florida-bred thoroughbred
 2536  horse to be eligible to receive a breeder’s award, the horse
 2537  must have been registered as a Florida-bred horse with the
 2538  Florida Thoroughbred Breeders’ Association, and the Jockey Club
 2539  certificate for the horse must show that it has been duly
 2540  registered as a Florida-bred horse as evidenced by the seal and
 2541  proper serial number of the Florida Thoroughbred Breeders’
 2542  Association registry. The Florida Thoroughbred Breeders’
 2543  Association shall be permitted to charge the registrant a
 2544  reasonable fee for this verification and registration.
 2545         (e) In order for an owner of the sire of a thoroughbred
 2546  horse winning a stakes race to be eligible to receive a stallion
 2547  award, the stallion must have been registered with the Florida
 2548  Thoroughbred Breeders’ Association, and the breeding of the
 2549  registered Florida-bred horse must have occurred in this state.
 2550  The stallion must be standing permanently in this state during
 2551  the period of time between February 1 and June 15 of each year
 2552  or, if the stallion is dead, must have stood permanently in this
 2553  state for a period of not less than 1 year immediately prior to
 2554  its death. The removal of a stallion from this state during the
 2555  period of time between February 1 and June 15 of any year for
 2556  any reason, other than exclusively for prescribed medical
 2557  treatment, as approved by the Florida Thoroughbred Breeders’
 2558  Association, renders the owner or owners of the stallion
 2559  ineligible to receive a stallion award under any circumstances
 2560  for offspring sired prior to removal; however, if a removed
 2561  stallion is returned to this state, all offspring sired
 2562  subsequent to the return make the owner or owners of the
 2563  stallion eligible for the stallion award but only for those
 2564  offspring sired subsequent to such return to this state. The
 2565  Florida Thoroughbred Breeders’ Association shall maintain
 2566  complete records showing the date the stallion arrived in this
 2567  state for the first time, whether or not the stallion remained
 2568  in the state permanently, the location of the stallion, and
 2569  whether the stallion is still standing in this state and
 2570  complete records showing awards earned, received, and
 2571  distributed. The association may charge the owner, owners, or
 2572  breeder a reasonable fee for this service.
 2573         (f) A permitholder conducting a thoroughbred horse race
 2574  under the provisions of this chapter shall, within 30 days after
 2575  the end of the race meet during which the race is conducted,
 2576  certify to the Florida Thoroughbred Breeders’ Association such
 2577  information relating to the thoroughbred horses winning a stakes
 2578  or other horserace at the meet as may be required to determine
 2579  the eligibility for payment of breeders’, stallion, and special
 2580  racing awards.
 2581         (g) The Florida Thoroughbred Breeders’ Association shall
 2582  maintain complete records showing the starters and winners in
 2583  all races conducted at thoroughbred tracks in this state; shall
 2584  maintain complete records showing awards earned, received, and
 2585  distributed; and may charge the owner, owners, or breeder a
 2586  reasonable fee for this service.
 2587         (h) The Florida Thoroughbred Breeders’ Association shall
 2588  annually establish a uniform rate and procedure for the payment
 2589  of breeders’ and stallion awards and shall make breeders’ and
 2590  stallion award payments in strict compliance with the
 2591  established uniform rate and procedure plan. The plan may set a
 2592  cap on winnings and may limit, exclude, or defer payments to
 2593  certain classes of races, such as the Florida stallion stakes
 2594  races, in order to assure that there are adequate revenues to
 2595  meet the proposed uniform rate. Such plan must include proposals
 2596  for the general promotion of the industry. Priority shall be
 2597  placed upon imposing such restrictions in lieu of allowing the
 2598  uniform rate to be less than 15 percent of the total purse
 2599  payment. The uniform rate and procedure plan must be approved by
 2600  the department division before implementation. In the absence of
 2601  an approved plan and procedure, the authorized rate for
 2602  breeders’ and stallion awards is 15 percent of the announced
 2603  gross purse for each race. Such purse must include nomination
 2604  fees, eligibility fees, starting fees, supplementary fees, and
 2605  moneys added by the sponsor of the race. If the funds in the
 2606  account for payment of breeders’ and stallion awards are not
 2607  sufficient to meet all earned breeders’ and stallion awards,
 2608  those breeders and stallion owners not receiving payments have
 2609  first call on any subsequent receipts in that or any subsequent
 2610  year.
 2611         (i) The Florida Thoroughbred Breeders’ Association shall
 2612  keep accurate records showing receipts and disbursements of such
 2613  payments and shall annually file a full and complete report to
 2614  the department division showing such receipts and disbursements
 2615  and the sums withheld for administration. The department
 2616  division may audit the records and accounts of the Florida
 2617  Thoroughbred Breeders’ Association to determine that payments
 2618  have been made to eligible breeders and stallion owners in
 2619  accordance with this section.
 2620         (j) If the department division finds that the Florida
 2621  Thoroughbred Breeders’ Association has not complied with any
 2622  provision of this section, the department division may order the
 2623  association to cease and desist from receiving funds and
 2624  administering funds received under this section. If the
 2625  department division enters such an order, the permitholder shall
 2626  make the payments authorized in this section to the department
 2627  division for deposit into the Pari-mutuel Wagering Trust Fund;
 2628  and any funds in the Florida Thoroughbred Breeders’ Association
 2629  account shall be immediately paid to the department Division of
 2630  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
 2631  Trust Fund. The department division shall authorize payment from
 2632  these funds to any breeder or stallion owner entitled to an
 2633  award that has not been previously paid by the Florida
 2634  Thoroughbred Breeders’ Association in accordance with the
 2635  applicable rate.
 2636         (4) Each permitholder conducting a harness horse race under
 2637  this chapter shall pay a sum equal to the breaks on all pari
 2638  mutuel pools conducted during that race for the payment of
 2639  breeders’ awards, stallion awards, and stallion stakes and for
 2640  additional expenditures as authorized in this section. The
 2641  Florida Standardbred Breeders and Owners Association is
 2642  authorized to receive these payments from the permitholders and
 2643  make payments as authorized in this subsection. The Florida
 2644  Standardbred Breeders and Owners Association has the right to
 2645  withhold up to 10 percent of the permitholder’s payments under
 2646  this section and under s. 550.2633 as a fee for administering
 2647  these payments. The permitholder shall remit these payments to
 2648  the Florida Standardbred Breeders and Owners Association by the
 2649  5th day of each calendar month for such sums accruing during the
 2650  preceding calendar month and shall report such payments to the
 2651  department division as prescribed by the department division.
 2652  With the exception of the 10-percent fee for administering the
 2653  payments and the use of the moneys authorized by paragraph (j),
 2654  the moneys paid by the permitholders shall be maintained in a
 2655  separate, interest-bearing account; and such payments together
 2656  with any interest earned shall be allocated for the payment of
 2657  breeders’ awards, stallion awards, stallion stakes, additional
 2658  purses, and prizes for, and the general promotion of owning and
 2659  breeding of, Florida-bred standardbred horses. Payment of
 2660  breeders’ awards and stallion awards shall be made in accordance
 2661  with the following provisions:
 2662         (a) The breeder of each Florida-bred standardbred horse
 2663  winning a harness horse race is entitled to an award of up to,
 2664  but not exceeding, 20 percent of the announced gross purse,
 2665  including nomination fees, eligibility fees, starting fees,
 2666  supplementary fees, and moneys added by the sponsor of the race.
 2667         (b) The owner or owners of the sire of a Florida-bred
 2668  standardbred horse that wins a stakes race is entitled to a
 2669  stallion award of up to, but not exceeding, 20 percent of the
 2670  announced gross purse, including nomination fees, eligibility
 2671  fees, starting fees, supplementary fees, and moneys added by the
 2672  sponsor of the race.
 2673         (c) In order for a breeder of a Florida-bred standardbred
 2674  horse to be eligible to receive a breeder’s award, the horse
 2675  winning the race must have been registered as a Florida-bred
 2676  horse with the Florida Standardbred Breeders and Owners
 2677  Association and a registration certificate under seal for the
 2678  winning horse must show that the winner has been duly registered
 2679  as a Florida-bred horse as evidenced by the seal and proper
 2680  serial number of the United States Trotting Association
 2681  registry. The Florida Standardbred Breeders and Owners
 2682  Association shall be permitted to charge the registrant a
 2683  reasonable fee for this verification and registration.
 2684         (d) In order for an owner of the sire of a standardbred
 2685  horse winning a stakes race to be eligible to receive a stallion
 2686  award, the stallion must have been registered with the Florida
 2687  Standardbred Breeders and Owners Association, and the breeding
 2688  of the registered Florida-bred horse must have occurred in this
 2689  state. The stallion must be standing permanently in this state
 2690  or, if the stallion is dead, must have stood permanently in this
 2691  state for a period of not less than 1 year immediately prior to
 2692  its death. The removal of a stallion from this state for any
 2693  reason, other than exclusively for prescribed medical treatment,
 2694  renders the owner or the owners of the stallion ineligible to
 2695  receive a stallion award under any circumstances for offspring
 2696  sired prior to removal; however, if a removed stallion is
 2697  returned to this state, all offspring sired subsequent to the
 2698  return make the owner or owners of the stallion eligible for the
 2699  stallion award but only for those offspring sired subsequent to
 2700  such return to this state. The Florida Standardbred Breeders and
 2701  Owners Association shall maintain complete records showing the
 2702  date the stallion arrived in this state for the first time,
 2703  whether or not the stallion remained in the state permanently,
 2704  the location of the stallion, and whether the stallion is still
 2705  standing in this state and complete records showing awards
 2706  earned, received, and distributed. The association may charge
 2707  the owner, owners, or breeder a reasonable fee for this service.
 2708         (e) A permitholder conducting a harness horse race under
 2709  this chapter shall, within 30 days after the end of the race
 2710  meet during which the race is conducted, certify to the Florida
 2711  Standardbred Breeders and Owners Association such information
 2712  relating to the horse winning a stakes or other horserace at the
 2713  meet as may be required to determine the eligibility for payment
 2714  of breeders’ awards and stallion awards.
 2715         (f) The Florida Standardbred Breeders and Owners
 2716  Association shall maintain complete records showing the starters
 2717  and winners in all races conducted at harness horse racetracks
 2718  in this state; shall maintain complete records showing awards
 2719  earned, received, and distributed; and may charge the owner,
 2720  owners, or breeder a reasonable fee for this service.
 2721         (g) The Florida Standardbred Breeders and Owners
 2722  Association shall annually establish a uniform rate and
 2723  procedure for the payment of breeders’ awards, stallion awards,
 2724  stallion stakes, additional purses, and prizes for, and for the
 2725  general promotion of owning and breeding of, Florida-bred
 2726  standardbred horses and shall make award payments and
 2727  allocations in strict compliance with the established uniform
 2728  rate and procedure. The plan may set a cap on winnings, and may
 2729  limit, exclude, or defer payments to certain classes of races,
 2730  such as the Florida Breeders’ stakes races, in order to assure
 2731  that there are adequate revenues to meet the proposed uniform
 2732  rate. Priority shall be placed on imposing such restrictions in
 2733  lieu of allowing the uniform rate allocated to payment of
 2734  breeder and stallion awards to be less than 10 percent of the
 2735  total purse payment. The uniform rate and procedure must be
 2736  approved by the department division before implementation. In
 2737  the absence of an approved plan and procedure, the authorized
 2738  rate for breeders’ and stallion awards is 10 percent of the
 2739  announced gross purse for each race. Such purse must include
 2740  nomination fees, eligibility fees, starting fees, supplementary
 2741  fees, and moneys added by the sponsor of the race. If the funds
 2742  in the account for payment of breeders’ and stallion awards are
 2743  not sufficient to meet all earned breeders’ and stallion awards,
 2744  those breeders and stallion owners not receiving payments have
 2745  first call on any subsequent receipts in that or any subsequent
 2746  year.
 2747         (h) The Florida Standardbred Breeders and Owners
 2748  Association shall keep accurate records showing receipts and
 2749  disbursements of such payments and shall annually file a full
 2750  and complete report to the department division showing such
 2751  receipts and disbursements and the sums withheld for
 2752  administration. The department division may audit the records
 2753  and accounts of the Florida Standardbred Breeders and Owners
 2754  Association to determine that payments have been made to
 2755  eligible breeders, stallion owners, and owners of Florida-bred
 2756  standardbred horses in accordance with this section.
 2757         (i) If the department division finds that the Florida
 2758  Standardbred Breeders and Owners Association has not complied
 2759  with any provision of this section, the department division may
 2760  order the association to cease and desist from receiving funds
 2761  and administering funds received under this section and under s.
 2762  550.2633. If the department division enters such an order, the
 2763  permitholder shall make the payments authorized in this section
 2764  and s. 550.2633 to the department division for deposit into the
 2765  Pari-mutuel Wagering Trust Fund; and any funds in the Florida
 2766  Standardbred Breeders and Owners Association account shall be
 2767  immediately paid to the department division for deposit to the
 2768  Pari-mutuel Wagering Trust Fund. The department division shall
 2769  authorize payment from these funds to any breeder, stallion
 2770  owner, or owner of a Florida-bred standardbred horse entitled to
 2771  an award that has not been previously paid by the Florida
 2772  Standardbred Breeders and Owners Association in accordance with
 2773  the applicable rate.
 2774         (j) The board of directors of the Florida Standardbred
 2775  Breeders and Owners Association may authorize the release of up
 2776  to 25 percent of the funds available for breeders’ awards,
 2777  stallion awards, stallion stakes, additional purses, and prizes
 2778  for, and for the general promotion of owning and breeding of,
 2779  Florida-bred standardbred horses to be used for purses for, and
 2780  promotion of, Florida-bred standardbred horses at race meetings
 2781  at which there is no pari-mutuel wagering unless, and to the
 2782  extent that, such release would render the funds available for
 2783  such awards insufficient to pay the breeders’ and stallion
 2784  awards earned pursuant to the annual plan of the association.
 2785  Any such funds so released and used for purses are not
 2786  considered to be an “announced gross purse” as that term is used
 2787  in paragraphs (a) and (b), and no breeders’ or stallion awards,
 2788  stallion stakes, or owner awards are required to be paid for
 2789  standardbred horses winning races in meetings at which there is
 2790  no pari-mutuel wagering. The amount of purses to be paid from
 2791  funds so released and the meets eligible to receive such funds
 2792  for purses must be approved by the board of directors of the
 2793  Florida Standardbred Breeders and Owners Association.
 2794         (5)(a) Except as provided in subsections (7) and (8), each
 2795  permitholder conducting a quarter horse race meet under this
 2796  chapter shall pay a sum equal to the breaks plus a sum equal to
 2797  1 percent of all pari-mutuel pools conducted during that race
 2798  for supplementing and augmenting purses and prizes and for the
 2799  general promotion of owning and breeding of racing quarter
 2800  horses in this state as authorized in this section. The Florida
 2801  Quarter Horse Breeders and Owners Association is authorized to
 2802  receive these payments from the permitholders and make payments
 2803  as authorized in this subsection. The Florida Quarter Horse
 2804  Breeders and Owners Association, Inc., referred to in this
 2805  chapter as the Florida Quarter Horse Breeders and Owners
 2806  Association, has the right to withhold up to 10 percent of the
 2807  permitholder’s payments under this section and under s. 550.2633
 2808  as a fee for administering these payments. The permitholder
 2809  shall remit these payments to the Florida Quarter Horse Breeders
 2810  and Owners Association by the 5th day of each calendar month for
 2811  such sums accruing during the preceding calendar month and shall
 2812  report such payments to the department division as prescribed by
 2813  the department division. With the exception of the 5-percent fee
 2814  for administering the payments, the moneys paid by the
 2815  permitholders shall be maintained in a separate, interest
 2816  bearing account.
 2817         (b) The Florida Quarter Horse Breeders and Owners
 2818  Association shall use these funds solely for supplementing and
 2819  augmenting purses and prizes and for the general promotion of
 2820  owning and breeding of racing quarter horses in this state and
 2821  for general administration of the Florida Quarter Horse Breeders
 2822  and Owners Association, Inc., in this state.
 2823         (c) In order for an owner or breeder of a Florida-bred
 2824  quarter horse to be eligible to receive an award, the horse
 2825  winning a race must have been registered as a Florida-bred horse
 2826  with the Florida Quarter Horse Breeders and Owners Association
 2827  and a registration certificate under seal for the winning horse
 2828  must show that the winning horse has been duly registered prior
 2829  to the race as a Florida-bred horse as evidenced by the seal and
 2830  proper serial number of the Florida Quarter Horse Breeders and
 2831  Owners Association registry. The Department of Agriculture and
 2832  Consumer Services is authorized to assist the association in
 2833  maintaining this registry. The Florida Quarter Horse Breeders
 2834  and Owners Association may charge the registrant a reasonable
 2835  fee for this verification and registration. Any person who
 2836  registers unqualified horses or misrepresents information in any
 2837  way shall be denied any future participation in breeders’
 2838  awards, and all horses misrepresented will no longer be deemed
 2839  to be Florida-bred.
 2840         (d) A permitholder conducting a quarter horse race under a
 2841  quarter horse permit under this chapter shall, within 30 days
 2842  after the end of the race meet during which the race is
 2843  conducted, certify to the Florida Quarter Horse Breeders and
 2844  Owners Association such information relating to the horse
 2845  winning a stakes or other horserace at the meet as may be
 2846  required to determine the eligibility for payment of breeders’
 2847  awards under this section.
 2848         (e) The Florida Quarter Horse Breeders and Owners
 2849  Association shall maintain complete records showing the starters
 2850  and winners in all quarter horse races conducted under quarter
 2851  horse permits in this state; shall maintain complete records
 2852  showing awards earned, received, and distributed; and may charge
 2853  the owner, owners, or breeder a reasonable fee for this service.
 2854         (f) The Florida Quarter Horse Breeders and Owners
 2855  Association shall keep accurate records showing receipts and
 2856  disbursements of payments made under this section and shall
 2857  annually file a full and complete report to the department
 2858  division showing such receipts and disbursements and the sums
 2859  withheld for administration. The department division may audit
 2860  the records and accounts of the Florida Quarter Horse Breeders
 2861  and Owners Association to determine that payments have been made
 2862  in accordance with this section.
 2863         (g) The Florida Quarter Horse Breeders and Owners
 2864  Association shall annually establish a plan for supplementing
 2865  and augmenting purses and prizes and for the general promotion
 2866  of owning and breeding Florida-bred racing quarter horses and
 2867  shall make award payments and allocations in strict compliance
 2868  with the annual plan. The annual plan must be approved by the
 2869  department division before implementation. If the funds in the
 2870  account for payment of purses and prizes are not sufficient to
 2871  meet all purses and prizes to be awarded, those breeders and
 2872  owners not receiving payments have first call on any subsequent
 2873  receipts in that or any subsequent year.
 2874         (h) If the department division finds that the Florida
 2875  Quarter Horse Breeders and Owners Association has not complied
 2876  with any provision of this section, the department division may
 2877  order the association to cease and desist from receiving funds
 2878  and administering funds received under this section and s.
 2879  550.2633. If the department division enters such an order, the
 2880  permitholder shall make the payments authorized in this section
 2881  and s. 550.2633 to the department division for deposit into the
 2882  Pari-mutuel Wagering Trust Fund, and any funds in the Florida
 2883  Quarter Horse Breeders and Owners Association account shall be
 2884  immediately paid to the department division for deposit to the
 2885  Pari-mutuel Wagering Trust Fund. The department division shall
 2886  authorize payment from these funds to any breeder or owner of a
 2887  quarter horse entitled to an award that has not been previously
 2888  paid by the Florida Quarter Horse Breeders and Owners
 2889  Association pursuant to in accordance with this section.
 2890         (6)(a) The takeout may be used for the payment of awards to
 2891  owners of registered Florida-bred horses placing first in a
 2892  claiming race, an allowance race, a maiden special race, or a
 2893  stakes race in which the announced purse, exclusive of entry and
 2894  starting fees and added moneys, does not exceed $40,000.
 2895         (b) The permitholder shall determine for each qualified
 2896  race the amount of the owners’ award for which a registered
 2897  Florida-bred horse will be eligible. The amount of the available
 2898  owners’ award shall be established in the same manner in which
 2899  purses are established and shall be published in the condition
 2900  book for the period during which the race is to be conducted. No
 2901  single award may exceed 50 percent of the gross purse for the
 2902  race won.
 2903         (c) If the moneys generated under paragraph (a) during the
 2904  meet exceed the owners’ awards earned during the meet, the
 2905  excess funds shall be held in a separate interest-bearing
 2906  account, and the total interest and principal shall be used to
 2907  increase the owners’ awards during the permitholder’s next meet.
 2908         (d) Breeders’ awards authorized by subsections (3) and (4)
 2909  may not be paid on owners’ awards.
 2910         (e) This subsection governs owners’ awards paid on
 2911  thoroughbred horse races only in this state, unless a written
 2912  agreement is filed with the department division establishing the
 2913  rate, procedures, and eligibility requirements for owners’
 2914  awards, including place of finish, class of race, maximum purse,
 2915  and maximum award, and the agreement is entered into by the
 2916  permitholder, the Florida Thoroughbred Breeders’ Association,
 2917  and the association representing a majority of the racehorse
 2918  owners and trainers at the permitholder’s location.
 2919         (7)(a) Each permitholder that conducts race meets under
 2920  this chapter and runs Appaloosa races shall pay to the
 2921  department division a sum equal to the breaks plus a sum equal
 2922  to 1 percent of the total contributions to each pari-mutuel pool
 2923  conducted on each Appaloosa race. The payments shall be remitted
 2924  to the department division by the 5th day of each calendar month
 2925  for sums accruing during the preceding calendar month.
 2926         (b) The department division shall deposit these collections
 2927  to the credit of the General Inspection Trust Fund in a special
 2928  account to be known as the “Florida Appaloosa Racing Promotion
 2929  Account.” The Department of Agriculture and Consumer Services
 2930  shall administer the funds and adopt suitable and reasonable
 2931  rules for the administration thereof. The moneys in the Florida
 2932  Appaloosa Racing Promotion Account shall be allocated solely for
 2933  supplementing and augmenting purses and prizes and for the
 2934  general promotion of owning and breeding of racing Appaloosas in
 2935  this state; and the moneys may not be used to defray any expense
 2936  of the Department of Agriculture and Consumer Services in the
 2937  administration of this chapter.
 2938         (8)(a) Each permitholder that conducts race meets under
 2939  this chapter and runs Arabian horse races shall pay to the
 2940  department division a sum equal to the breaks plus a sum equal
 2941  to 1 percent of the total contributions to each pari-mutuel pool
 2942  conducted on each Arabian horse race. The payments shall be
 2943  remitted to the department division by the 5th day of each
 2944  calendar month for sums accruing during the preceding calendar
 2945  month.
 2946         (b) The department division shall deposit these collections
 2947  to the credit of the General Inspection Trust Fund in a special
 2948  account to be known as the “Florida Arabian Horse Racing
 2949  Promotion Account.” The Department of Agriculture and Consumer
 2950  Services shall administer the funds and adopt suitable and
 2951  reasonable rules for the administration thereof. The moneys in
 2952  the Florida Arabian Horse Racing Promotion Account shall be
 2953  allocated solely for supplementing and augmenting purses and
 2954  prizes and for the general promotion of owning and breeding of
 2955  racing Arabian horses in this state; and the moneys may not be
 2956  used to defray any expense of the Department of Agriculture and
 2957  Consumer Services in the administration of this chapter, except
 2958  that the moneys generated by Arabian horse registration fees
 2959  received pursuant to s. 570.382 may be used as provided in
 2960  paragraph (5)(b) of that section.
 2961         Section 36. Section 550.26352, Florida Statutes, is amended
 2962  to read:
 2963         550.26352 Breeders’ Cup Meet; pools authorized; conflicts;
 2964  taxes; credits; transmission of races; rules; application.—
 2965         (1) Notwithstanding any provision of this chapter to the
 2966  contrary, there is hereby created a special thoroughbred race
 2967  meet that which shall be designated as the “Breeders’ Cup Meet.”
 2968  The Breeders’ Cup Meet shall be conducted at the facility of the
 2969  Florida permitholder selected by Breeders’ Cup Limited to
 2970  conduct the Breeders’ Cup Meet. The Breeders’ Cup Meet shall
 2971  consist of 3 days: the day on which the Breeders’ Cup races are
 2972  conducted, the preceding day, and the subsequent day. Upon the
 2973  selection of the Florida permitholder as host for the Breeders’
 2974  Cup Meet and application by the selected permitholder, the
 2975  department division shall issue a license to the selected
 2976  permitholder to operate the Breeders’ Cup Meet. Notwithstanding
 2977  s. 550.09515(2)(a), the Breeders’ Cup Meet may be conducted on
 2978  dates that which the selected permitholder is not otherwise
 2979  authorized to conduct a race meet.
 2980         (2) The permitholder conducting the Breeders’ Cup Meet is
 2981  specifically authorized to create pari-mutuel pools during the
 2982  Breeders’ Cup Meet by accepting pari-mutuel wagers on the
 2983  thoroughbred horse races run during said meet.
 2984         (3) If the permitholder conducting the Breeders’ Cup Meet
 2985  is located within 35 miles of one or more permitholders
 2986  scheduled to conduct a thoroughbred race meet on any of the 3
 2987  days of the Breeders’ Cup Meet, then operation on any of those 3
 2988  days by the other permitholders is prohibited. As compensation
 2989  for the loss of racing days caused thereby, such operating
 2990  permitholders shall receive a credit against the taxes otherwise
 2991  due and payable to the state under ss. 550.0951 and 550.09515.
 2992  This credit shall be in an amount equal to the operating loss
 2993  determined to have been suffered by the operating permitholders
 2994  as a result of not operating on the prohibited racing days, but
 2995  may shall not exceed a total of $950,000. The determination of
 2996  the amount to be credited shall be made by the department
 2997  division upon application by the operating permitholder. The tax
 2998  credits provided in this subsection are shall not be available
 2999  unless an operating permitholder is required to close a bona
 3000  fide meet consisting in part of no fewer than 10 scheduled
 3001  performances in the 15 days immediately preceding or 10
 3002  scheduled performances in the 15 days immediately following the
 3003  Breeders’ Cup Meet. Such tax credit shall be in lieu of any
 3004  other compensation or consideration for the loss of racing days.
 3005  There shall be no replacement or makeup of any lost racing days.
 3006         (4) Notwithstanding any provision of ss. 550.0951 and
 3007  550.09515, the permitholder conducting the Breeders’ Cup Meet
 3008  shall pay no taxes on the handle included within the pari-mutuel
 3009  pools of said permitholder during the Breeders’ Cup Meet.
 3010         (5) The permitholder conducting the Breeders’ Cup Meet
 3011  shall receive a credit against the taxes otherwise due and
 3012  payable to the state under ss. 550.0951 and 550.09515 generated
 3013  during said permitholder’s next ensuing regular thoroughbred
 3014  race meet. This credit shall be in an amount not to exceed
 3015  $950,000 and shall be used utilized by the permitholder to pay
 3016  the purses offered by the permitholder during the Breeders’ Cup
 3017  Meet in excess of the purses that which the permitholder is
 3018  otherwise required by law to pay. The amount to be credited
 3019  shall be determined by the department division upon application
 3020  of the permitholder which is subject to audit by the department
 3021  division.
 3022         (6) The permitholder conducting the Breeders’ Cup Meet
 3023  shall receive a credit against the taxes otherwise due and
 3024  payable to the state under ss. 550.0951 and 550.09515 generated
 3025  during said permitholder’s next ensuing regular thoroughbred
 3026  race meet. This credit shall be in an amount not to exceed
 3027  $950,000 and shall be utilized by the permitholder for such
 3028  capital improvements and extraordinary expenses as may be
 3029  necessary for operation of the Breeders’ Cup Meet. The amount to
 3030  be credited shall be determined by the department division upon
 3031  application of the permitholder which is subject to audit by the
 3032  department division.
 3033         (7) The permitholder conducting the Breeders’ Cup Meet is
 3034  shall be exempt from the payment of purses and other payments to
 3035  horsemen on all on-track, intertrack, interstate, and
 3036  international wagers or rights fees or payments arising
 3037  therefrom for all races for which the purse is paid or supplied
 3038  by Breeders’ Cup Limited. The permitholder conducting the
 3039  Breeders’ Cup Meet is shall not, however, be exempt from
 3040  breeders’ awards payments for on-track and intertrack wagers as
 3041  provided in ss. 550.2625(3) and 550.625(2)(a) for races in which
 3042  the purse is paid or supplied by Breeders’ Cup Limited.
 3043         (8)(a) Pursuant to s. 550.3551(2), the permitholder
 3044  conducting the Breeders’ Cup Meet may is authorized to transmit
 3045  broadcasts of the races conducted during the Breeders’ Cup Meet
 3046  to locations outside of this state for wagering purposes. The
 3047  department division may approve broadcasts to pari-mutuel
 3048  permitholders and other betting systems authorized under the
 3049  laws of any other state or country. Wagers accepted by any out
 3050  of-state pari-mutuel permitholder or betting system on any races
 3051  broadcast under this section may be, but are not required to be,
 3052  commingled with the pari-mutuel pools of the permitholder
 3053  conducting the Breeders’ Cup Meet. The calculation of any payoff
 3054  on national pari-mutuel pools with commingled wagers may be
 3055  performed by the permitholder’s totalisator contractor at a
 3056  location outside of this state. Pool amounts from wagers placed
 3057  at pari-mutuel facilities or other betting systems in foreign
 3058  countries before being commingled with the pari-mutuel pool of
 3059  the Florida permitholder conducting the Breeders’ Cup Meet shall
 3060  be calculated by the totalisator contractor and transferred to
 3061  the commingled pool in United States currency in cycles
 3062  customarily used by the permitholder. Pool amounts from wagers
 3063  placed at any foreign pari-mutuel facility or other betting
 3064  system may shall not be commingled with a Florida pool until a
 3065  determination is made by the department division that the
 3066  technology utilized by the totalisator contractor is adequate to
 3067  assure commingled pools will result in the calculation of
 3068  accurate payoffs to Florida bettors. Any totalisator contractor
 3069  at a location outside of this state shall comply with the
 3070  provisions of s. 550.495 relating to totalisator licensing.
 3071         (b) The permitholder conducting the Breeders’ Cup Meet may
 3072  is authorized to transmit broadcasts of the races conducted
 3073  during the Breeders’ Cup Meet to other pari-mutuel facilities
 3074  located in this state for wagering purposes; however, the
 3075  permitholder conducting the Breeders’ Cup Meet is shall not be
 3076  required to transmit broadcasts to any pari-mutuel facility
 3077  located within 25 miles of the facility at which the Breeders’
 3078  Cup Meet is conducted.
 3079         (9) The exemption from the tax credits provided in
 3080  subsections (5) and (6) may shall not be granted and may shall
 3081  not be claimed by the permitholder until an audit is completed
 3082  by the department division. The department division is required
 3083  to complete the audit within 30 days of receipt of the necessary
 3084  documentation from the permitholder to verify the permitholder’s
 3085  claim for tax credits. If the documentation submitted by the
 3086  permitholder is incomplete or is insufficient to document the
 3087  permitholder’s claim for tax credits, the department division
 3088  may request such additional documentation as is necessary to
 3089  complete the audit. Upon receipt of the department’s division’s
 3090  written request for additional documentation, the 30-day time
 3091  limitation will commence anew.
 3092         (10) The department may division is authorized to adopt
 3093  such rules as are necessary to facilitate the conduct of the
 3094  Breeders’ Cup Meet, including as authorized in this section.
 3095  Included within this grant of authority shall be the adoption or
 3096  waiver of rules regarding the overall conduct of racing during
 3097  the Breeders’ Cup Meet so as to ensure the integrity of the
 3098  races, licensing for all participants, special stabling and
 3099  training requirements for foreign horses, commingling of pari
 3100  mutuel pools, and audit requirements for tax credits and other
 3101  benefits.
 3102         (11) Any dispute between the department division and any
 3103  permitholder regarding the tax credits authorized under
 3104  subsection (3), subsection (5), or subsection (6) shall be
 3105  determined by a hearing officer of the Division of
 3106  Administrative Hearings under the provisions of s. 120.57(1).
 3107         (12) The provisions of this section shall prevail over any
 3108  conflicting provisions of this chapter.
 3109         Section 37. Section 550.2704, Florida Statutes, is amended
 3110  to read:
 3111         550.2704 Jai Alai Tournament of Champions Meet.—
 3112         (1) Notwithstanding any provision of this chapter, there is
 3113  hereby created a special jai alai meet that which shall be
 3114  designated as the “Jai Alai Tournament of Champions Meet” and
 3115  which shall be hosted by the Florida jai alai permitholders
 3116  selected by the National Association of Jai Alai Frontons, Inc.,
 3117  to conduct such meet. The meet shall consist of three qualifying
 3118  performances and a final performance, each of which is to be
 3119  conducted on different days. Upon the selection of the Florida
 3120  permitholders for the meet, and upon application by the selected
 3121  permitholders, the department Division of Pari-mutuel Wagering
 3122  shall issue a license to each of the selected permitholders to
 3123  operate the meet. The meet may be conducted during a season in
 3124  which the permitholders selected to conduct the meet are not
 3125  otherwise authorized to conduct a meet. Notwithstanding anything
 3126  herein to the contrary, any Florida permitholder who is to
 3127  conduct a performance that which is a part of the Jai Alai
 3128  Tournament of Champions Meet is shall not be required to apply
 3129  for the license for said meet if it is to be run during the
 3130  regular season for which such permitholder has a license.
 3131         (2) Qualifying performances and the final performance of
 3132  the tournament shall be held at different locations throughout
 3133  the state, and the permitholders selected shall be under
 3134  different ownership to the extent possible.
 3135         (3) Notwithstanding any provision of this chapter, each of
 3136  the permitholders licensed to conduct performances comprising
 3137  the Jai Alai Tournament of Champions Meet shall pay no taxes on
 3138  handle under s. 550.0951 or s. 550.09511 for any performance
 3139  conducted by such permitholder as part of the Jai Alai
 3140  Tournament of Champions Meet. The provisions of this subsection
 3141  shall apply to a maximum of four performances.
 3142         (4) The Jai Alai Tournament of Champions Meet permitholders
 3143  shall also receive a credit against the taxes, otherwise due and
 3144  payable under s. 550.0951 or s. 550.09511, generated during said
 3145  permitholders’ current regular meet. This credit shall be in the
 3146  aggregate amount of $150,000, shall be prorated equally between
 3147  the permitholders, and shall be used utilized by the
 3148  permitholders solely to supplement awards for the performance
 3149  conducted during the Jai Alai Tournament of Champions Meet. All
 3150  awards shall be paid to the tournament’s participating players
 3151  no later than 30 days following the conclusion of said Jai Alai
 3152  Tournament of Champions Meet.
 3153         (5) In addition to the credit authorized in subsection (4),
 3154  the Jai Alai Tournament of Champions Meet permitholders shall
 3155  receive a credit against the taxes, otherwise due and payable
 3156  under s. 550.0951 or s. 550.09511, generated during said
 3157  permitholders’ current regular meet, in an amount not to exceed
 3158  the aggregate amount of $150,000, which shall be prorated
 3159  equally between the permitholders, and shall be used utilized by
 3160  the permitholders for such capital improvements and
 3161  extraordinary expenses, including marketing expenses, as may be
 3162  necessary for the operation of the meet. The determination of
 3163  the amount to be credited shall be made by the department
 3164  division upon application of said permitholders.
 3165         (6) The permitholder is shall be entitled to said
 3166  permitholder’s pro rata share of the $150,000 tax credit
 3167  provided in subsection (5) without having to make application,
 3168  so long as appropriate documentation to substantiate said
 3169  expenditures thereunder is provided to the department division
 3170  within 30 days following said Jai Alai Tournament of Champions
 3171  Meet.
 3172         (7) A No Jai Alai Tournament of Champions Meet may not
 3173  shall exceed 4 days in any state fiscal year, and only no more
 3174  than one performance may shall be conducted on any one day of
 3175  the meet. There shall be Only one Jai Alai Tournament of
 3176  Champions Meet may occur in any state fiscal year.
 3177         (8) The department may division is authorized to adopt such
 3178  rules as are necessary to facilitate the conduct of the Jai Alai
 3179  Tournament of Champions Meet, including as authorized in this
 3180  section. Included within this grant of authority shall be the
 3181  adoption of rules regarding the overall conduct of the
 3182  tournament so as to ensure the integrity of the event, licensing
 3183  for participants, commingling of pari-mutuel pools, and audit
 3184  requirements for tax credits and exemptions.
 3185         (9) The provisions of This section prevails shall prevail
 3186  over any conflicting provisions of this chapter.
 3187         Section 38. Subsections (3) and (5) of section 550.334,
 3188  Florida Statutes, are amended to read:
 3189         550.334 Quarter horse racing; substitutions.—
 3190         (3) Quarter horses participating in such races must be duly
 3191  registered by the American Quarter Horse Association, and before
 3192  each race such horses must be examined and declared in fit
 3193  condition by a qualified person designated by the department
 3194  division.
 3195         (5) Any quarter horse racing permitholder operating under a
 3196  valid permit issued by the department division is authorized to
 3197  substitute races of other breeds of horses which are,
 3198  respectively, registered with the American Paint Horse
 3199  Association, Appaloosa Horse Club, Arabian Horse Registry of
 3200  America, Palomino Horse Breeders of America, United States
 3201  Trotting Association, Florida Cracker Horse Association, or
 3202  Jockey Club for no more than 50 percent of the quarter horse
 3203  races during its meet.
 3204         Section 39. Subsection (2) of section 550.3345, Florida
 3205  Statutes, is amended to read:
 3206         550.3345 Conversion of quarter horse permit to a limited
 3207  thoroughbred permit.—
 3208         (2) Notwithstanding any other provision of law, the holder
 3209  of a quarter horse racing permit issued under s. 550.334 may,
 3210  within 1 year after the effective date of this section, apply to
 3211  the department division for a transfer of the quarter horse
 3212  racing permit to a not-for-profit corporation formed under state
 3213  law to serve the purposes of the state as provided in subsection
 3214  (1). The board of directors of the not-for-profit corporation
 3215  must be comprised of 11 members, 4 of whom shall be designated
 3216  by the applicant, 4 of whom shall be designated by the Florida
 3217  Thoroughbred Breeders’ Association, and 3 of whom shall be
 3218  designated by the other 8 directors, with at least 1 of these 3
 3219  members being an authorized representative of another
 3220  thoroughbred permitholder in this state. The not-for-profit
 3221  corporation shall submit an application to the department
 3222  division for review and approval of the transfer in accordance
 3223  with s. 550.054. Upon approval of the transfer by the department
 3224  division, and notwithstanding any other provision of law to the
 3225  contrary, the not-for-profit corporation may, within 1 year
 3226  after its receipt of the permit, request that the department
 3227  division convert the quarter horse racing permit to a permit
 3228  authorizing the holder to conduct pari-mutuel wagering meets of
 3229  thoroughbred racing. Neither the transfer of the quarter horse
 3230  racing permit nor its conversion to a limited thoroughbred
 3231  permit shall be subject to the mileage limitation or the
 3232  ratification election as set forth under s. 550.054(2) or s.
 3233  550.0651. Upon receipt of the request for such conversion, the
 3234  department division shall timely issue a converted permit. The
 3235  converted permit and the not-for-profit corporation shall be
 3236  subject to the following requirements:
 3237         (a) All net revenues derived by the not-for-profit
 3238  corporation under the thoroughbred horse racing permit, after
 3239  the funding of operating expenses and capital improvements,
 3240  shall be dedicated to the enhancement of thoroughbred purses and
 3241  breeders’, stallion, and special racing awards under this
 3242  chapter; the general promotion of the thoroughbred horse
 3243  breeding industry; and the care in this state of thoroughbred
 3244  horses retired from racing.
 3245         (b) From December 1 through April 30, no live thoroughbred
 3246  racing may be conducted under the permit on any day during which
 3247  another thoroughbred permitholder is conducting live
 3248  thoroughbred racing within 125 air miles of the not-for-profit
 3249  corporation’s pari-mutuel facility unless the other thoroughbred
 3250  permitholder gives its written consent.
 3251         (c) After the conversion of the quarter horse racing permit
 3252  and the issuance of its initial license to conduct pari-mutuel
 3253  wagering meets of thoroughbred racing, the not-for-profit
 3254  corporation shall annually apply to the department division for
 3255  a license pursuant to s. 550.5251(2)-(5).
 3256         (d) Racing under the permit may take place only at the
 3257  location for which the original quarter horse racing permit was
 3258  issued, which may be leased by the not-for-profit corporation
 3259  for that purpose; however, the not-for-profit corporation may,
 3260  without the conduct of any ratification election pursuant to s.
 3261  550.054(13) or s. 550.0651, move the location of the permit to
 3262  another location in the same county provided that such
 3263  relocation is approved under the zoning and land use regulations
 3264  of the applicable county or municipality.
 3265         (e) A No permit converted under this section may not be
 3266  transferred is eligible for transfer to another person or
 3267  entity.
 3268         Section 40. Section 550.3355, Florida Statutes, is amended
 3269  to read:
 3270         550.3355 Harness track licenses for summer quarter horse
 3271  racing.—Any harness track licensed to operate under the
 3272  provisions of s. 550.375 may make application for, and shall be
 3273  issued by the department division, a license to operate not more
 3274  than 50 quarter horse racing days during the summer season,
 3275  which shall extend from July 1 until October 1 of each year.
 3276  However, this license to operate quarter horse racing for 50
 3277  days is in addition to the racing days and dates provided in s.
 3278  550.375 for harness racing during the winter seasons; and, it
 3279  does not affect the right of such licensee to operate harness
 3280  racing at the track as provided in s. 550.375 during the winter
 3281  season. All provisions of this chapter governing quarter horse
 3282  racing not in conflict herewith apply to the operation of
 3283  quarter horse meetings authorized hereunder, except that all
 3284  quarter horse racing permitted hereunder shall be conducted at
 3285  night.
 3286         Section 41. Paragraph (a) of subsection (6) and subsections
 3287  (10) and (13) of section 550.3551, Florida Statutes, are amended
 3288  to read:
 3289         550.3551 Transmission of racing and jai alai information;
 3290  commingling of pari-mutuel pools.—
 3291         (6)(a) A maximum of 20 percent of the total number of races
 3292  on which wagers are accepted by a greyhound permitholder not
 3293  located as specified in s. 550.615(6) may be received from
 3294  locations outside this state. A permitholder may not conduct
 3295  fewer than eight live races or games on any authorized race day
 3296  except as provided in this subsection. A thoroughbred
 3297  permitholder may not conduct fewer than eight live races on any
 3298  race day without the written approval of the Florida
 3299  Thoroughbred Breeders’ Association and the Florida Horsemen’s
 3300  Benevolent and Protective Association, Inc., unless it is
 3301  determined by the department that another entity represents a
 3302  majority of the thoroughbred racehorse owners and trainers in
 3303  the state. A harness permitholder may conduct fewer than eight
 3304  live races on any authorized race day, except that such
 3305  permitholder must conduct a full schedule of live racing during
 3306  its race meet consisting of at least eight live races per
 3307  authorized race day for at least 100 days. Any harness horse
 3308  permitholder that during the preceding racing season conducted a
 3309  full schedule of live racing may, at any time during its current
 3310  race meet, receive full-card broadcasts of harness horse races
 3311  conducted at harness racetracks outside this state at the
 3312  harness track of the permitholder and accept wagers on such
 3313  harness races. With specific authorization from the department
 3314  division for special racing events, a permitholder may conduct
 3315  fewer than eight live races or games when the permitholder also
 3316  broadcasts out-of-state races or games. The department division
 3317  may not grant more than two such exceptions a year for a
 3318  permitholder in any 12-month period, and those two exceptions
 3319  may not be consecutive.
 3320         (10) The department division may adopt rules necessary to
 3321  facilitate commingling of pari-mutuel pools, to ensure the
 3322  proper calculation of payoffs in circumstances in which
 3323  different commission percentages are applicable and to regulate
 3324  the distribution of net proceeds between the horse track and, in
 3325  this state, the horsemen’s associations.
 3326         (13) This section does not prohibit the commingling of
 3327  national pari-mutuel pools by a totalisator company that is
 3328  licensed under this chapter. Such commingling of national pools
 3329  is subject to department division review and approval and must
 3330  be performed pursuant to in accordance with rules adopted by the
 3331  department division to ensure accurate calculation and
 3332  distribution of the pools.
 3333         Section 42. Subsections (3), (4), and (5) of section
 3334  550.3615, Florida Statutes, are amended to read:
 3335         550.3615 Bookmaking on the grounds of a permitholder;
 3336  penalties; reinstatement; duties of track employees; penalty;
 3337  exceptions.—
 3338         (3) Any person who has been convicted of bookmaking in this
 3339  state or any other state of the United States or any foreign
 3340  country shall be denied admittance to and may shall not attend
 3341  any racetrack or fronton in this state during its racing seasons
 3342  or operating dates, including any practice or preparational
 3343  days, for a period of 2 years after the date of conviction or
 3344  the date of final appeal. Following the conclusion of the period
 3345  of ineligibility, the department director of the division may
 3346  authorize the reinstatement of an individual following a hearing
 3347  on readmittance. Any such person who knowingly violates this
 3348  subsection commits is guilty of a misdemeanor of the first
 3349  degree, punishable as provided in s. 775.082 or s. 775.083.
 3350         (4) If the activities of a person show that this law is
 3351  being violated, and such activities are either witnessed or are
 3352  common knowledge by any track or fronton employee, it is the
 3353  duty of that employee to bring the matter to the immediate
 3354  attention of the permitholder, manager, or her or his designee,
 3355  who shall notify a law enforcement agency having jurisdiction.
 3356  Willful failure on the part of any track or fronton employee to
 3357  comply with the provisions of this subsection is a ground for
 3358  the department division to suspend or revoke that employee’s
 3359  license for track or fronton employment.
 3360         (5) Each permittee shall display, in conspicuous places at
 3361  a track or fronton and in all race and jai alai daily programs,
 3362  a warning to all patrons concerning the prohibition and
 3363  penalties of bookmaking contained in this section and s. 849.25.
 3364  The department division shall adopt rules concerning the uniform
 3365  size of all warnings and the number of placements throughout a
 3366  track or fronton. Failure on the part of the permittee to
 3367  display such warnings may result in the imposition of a $500
 3368  fine by the department division for each offense.
 3369         Section 43. Subsections (2) and (3) of section 550.375,
 3370  Florida Statutes, are amended to read:
 3371         550.375 Operation of certain harness tracks.—
 3372         (2) Any permittee or licensee authorized under this section
 3373  to transfer the location of its permit may conduct harness
 3374  racing only between the hours of 7 p.m. and 2 a.m. A permit so
 3375  transferred applies only to the locations provided in this
 3376  section. The provisions of this chapter which prohibit the
 3377  location and operation of a licensed harness track permittee and
 3378  licensee within 100 air miles of the location of a racetrack
 3379  authorized to conduct racing under this chapter and which
 3380  prohibit the department division from granting any permit to a
 3381  harness track at a location in the area in which there are three
 3382  horse tracks located within 100 air miles thereof do not apply
 3383  to a licensed harness track that is required by the terms of
 3384  this section to race between the hours of 7 p.m. and 2 a.m.
 3385         (3) A permit may not be issued by the department division
 3386  for the operation of a harness track within 75 air miles of a
 3387  location of a harness track licensed and operating under this
 3388  chapter.
 3389         Section 44. Section 550.495, Florida Statutes, is amended
 3390  to read:
 3391         550.495 Totalisator licensing.—
 3392         (1) A totalisator may not be operated at a pari-mutuel
 3393  facility in this state, or at a facility located in or out of
 3394  this state which is used as the primary totalisator for a race
 3395  or game conducted in this state, unless the totalisator company
 3396  possesses a business license issued by the department division.
 3397         (2)(a) Each totalisator company must apply to the
 3398  department division for an annual business license. The
 3399  application must include such information as the department
 3400  division by rule requires.
 3401         (b) As a part of its license application, each totalisator
 3402  company must agree in writing to pay to the department division
 3403  an amount equal to the loss of any state revenues from missed or
 3404  canceled races, games, or performances due to acts of the
 3405  totalisator company or its agents or employees or failures of
 3406  the totalisator system, except for circumstances beyond the
 3407  control of the totalisator company or agent or employee, as
 3408  determined by the department division.
 3409         (c) Each totalisator company must file with the department
 3410  division a performance bond, acceptable to the department
 3411  division, in the sum of $250,000 issued by a surety approved by
 3412  the department division or must file proof of insurance,
 3413  acceptable to the department division, against financial loss in
 3414  the amount of $250,000, insuring the state against such a
 3415  revenue loss.
 3416         (d) In the event of a loss of state tax revenues, the
 3417  department division shall determine:
 3418         1. The estimated revenue lost as a result of missed or
 3419  canceled races, games, or performances;
 3420         2. The number of races, games, or performances which is
 3421  practicable for the permitholder to conduct in an attempt to
 3422  mitigate the revenue loss; and
 3423         3. The amount of the revenue loss which the makeup races,
 3424  games, or performances will not recover and for which the
 3425  totalisator company is liable.
 3426         (e) Upon the making of such determinations, the department
 3427  division shall issue to the totalisator company and to the
 3428  affected permitholder an order setting forth the determinations
 3429  of the department division.
 3430         (f) If the order is contested by either the totalisator
 3431  company or any affected permitholder, the provisions of chapter
 3432  120 applies apply. If the totalisator company contests the order
 3433  on the grounds that the revenue loss was due to circumstances
 3434  beyond its control, the totalisator company has the burden of
 3435  proving that circumstances vary in fact beyond its control. For
 3436  purposes of this paragraph, strikes and acts of God are beyond
 3437  the control of the totalisator company.
 3438         (g) Upon the failure of the totalisator company to make the
 3439  payment found to be due the state, the department division may
 3440  cause the forfeiture of the bond or may proceed against the
 3441  insurance contract, and the proceeds of the bond or contract
 3442  shall be deposited into the Pari-mutuel Wagering Trust Fund. If
 3443  that bond was not posted or insurance obtained, the department
 3444  division may proceed against any assets of the totalisator
 3445  company to collect the amounts due under this subsection.
 3446         (3) If the applicant meets the requirements of this section
 3447  and department division rules and pays the license fee, the
 3448  department division shall issue the license.
 3449         (4) Each totalisator company shall conduct operations in
 3450  accordance with rules adopted by the department division, in
 3451  such form, content, and frequency as the department division by
 3452  rule determines.
 3453         (5) The department division and its representatives may
 3454  enter and inspect any area of the premises of a licensed
 3455  totalisator company, and may examine totalisator records, during
 3456  the licensee’s regular business or operating hours.
 3457         Section 45. Section 550.505, Florida Statutes, is amended
 3458  to read:
 3459         550.505 Nonwagering permits.—
 3460         (1)(a) Except as provided in this section, permits and
 3461  licenses issued by the department division are intended to be
 3462  used for pari-mutuel wagering operations in conjunction with
 3463  horseraces, dograces, or jai alai performances.
 3464         (b) Subject to the requirements of this section, the
 3465  department may division is authorized to issue permits for the
 3466  conduct of horseracing meets without pari-mutuel wagering or any
 3467  other form of wagering being conducted in conjunction therewith.
 3468  Such permits shall be known as nonwagering permits and may be
 3469  issued only for horseracing meets. A horseracing permitholder
 3470  need not obtain an additional permit from the department
 3471  division for conducting nonwagering racing under this section,
 3472  but must apply to the department division for the issuance of a
 3473  license under this section. The holder of a nonwagering permit
 3474  is prohibited from conducting pari-mutuel wagering or any other
 3475  form of wagering in conjunction with racing conducted under the
 3476  permit. Nothing in This subsection does not prohibit prohibits
 3477  horseracing for any stake, purse, prize, or premium.
 3478         (c) The holder of a nonwagering permit is exempt from the
 3479  provisions of s. 550.105 and is exempt from the imposition of
 3480  daily license fees and admission tax.
 3481         (2)(a) Any person not prohibited from holding any type of
 3482  pari-mutuel permit under s. 550.1815 may shall be allowed to
 3483  apply to the department division for a nonwagering permit. The
 3484  applicant must demonstrate that the location or locations where
 3485  the nonwagering permit will be used are available for such use
 3486  and that the applicant has the financial ability to satisfy the
 3487  reasonably anticipated operational expenses of the first racing
 3488  year following final issuance of the nonwagering permit. If the
 3489  racing facility is already built, the application must contain a
 3490  statement, with reasonable supporting evidence, that the
 3491  nonwagering permit will be used for horseracing within 1 year
 3492  after the date on which it is granted. If the facility is not
 3493  already built, the application must contain a statement, with
 3494  reasonable supporting evidence, that substantial construction
 3495  will be started within 1 year after the issuance of the
 3496  nonwagering permit.
 3497         (b) The department division may conduct an eligibility
 3498  investigation to determine if the applicant meets the
 3499  requirements of paragraph (a).
 3500         (3)(a) Upon receipt of a nonwagering permit, the
 3501  permitholder must apply to the department division before June 1
 3502  of each year for an annual nonwagering license for the next
 3503  succeeding calendar year. Such application must set forth the
 3504  days and locations at which the permitholder will conduct
 3505  nonwagering horseracing and must indicate any changes in
 3506  ownership or management of the permitholder occurring since the
 3507  date of application for the prior license.
 3508         (b) On or before August 1 of each year, the department
 3509  division shall issue a license authorizing the nonwagering
 3510  permitholder to conduct nonwagering horseracing during the
 3511  succeeding calendar year during the period and for the number of
 3512  days set forth in the application, subject to all other
 3513  provisions of this section.
 3514         (c) The department division may conduct an eligibility
 3515  investigation to determine the qualifications of any new
 3516  ownership or management interest in the permit.
 3517         (4) Upon the approval of racing dates by the department
 3518  division, the department division shall issue an annual
 3519  nonwagering license to the nonwagering permitholder.
 3520         (5) Only horses registered with an established breed
 3521  registration organization, which organization shall be approved
 3522  by the department division, shall be raced at any race meeting
 3523  authorized by this section.
 3524         (6) The department division may order any person
 3525  participating in a nonwagering meet to cease and desist from
 3526  participating in such meet if the department division determines
 3527  the person to be not of good moral character in accordance with
 3528  s. 550.1815. The department division may order the operators of
 3529  a nonwagering meet to cease and desist from operating the meet
 3530  if the department division determines the meet is being operated
 3531  for any illegal purpose.
 3532         Section 46. Subsection (1) of section 550.5251, Florida
 3533  Statutes, is amended to read:
 3534         550.5251 Florida thoroughbred racing; certain permits;
 3535  operating days.—
 3536         (1) Each thoroughbred permitholder shall annually, during
 3537  the period commencing December 15 of each year and ending
 3538  January 4 of the following year, file in writing with the
 3539  department division its application to conduct one or more
 3540  thoroughbred racing meetings during the thoroughbred racing
 3541  season commencing on the following July 1. Each application
 3542  shall specify the number and dates of all performances that the
 3543  permitholder intends to conduct during that thoroughbred racing
 3544  season. On or before March 15 of each year, the department
 3545  division shall issue a license authorizing each permitholder to
 3546  conduct performances on the dates specified in its application.
 3547  Up to February 28 of each year, each permitholder may request
 3548  and shall be granted changes in its authorized performances; but
 3549  thereafter, as a condition precedent to the validity of its
 3550  license and its right to retain its permit, each permitholder
 3551  must operate the full number of days authorized on each of the
 3552  dates set forth in its license.
 3553         Section 47. Subsection (3) of section 550.625, Florida
 3554  Statutes, is amended to read:
 3555         550.625 Intertrack wagering; purses; breeders’ awards.—If a
 3556  host track is a horse track:
 3557         (3) The payment to a breeders’ organization shall be
 3558  combined with any other amounts received by the respective
 3559  breeders’ and owners’ associations as so designated. Each
 3560  breeders’ and owners’ association receiving these funds shall be
 3561  allowed to withhold the same percentage as set forth in s.
 3562  550.2625 to be used for administering the payment of awards and
 3563  for the general promotion of their respective industries. If the
 3564  total combined amount received for thoroughbred breeders’ awards
 3565  exceeds 15 percent of the purse required to be paid under
 3566  subsection (1), the breeders’ and owners’ association, as so
 3567  designated, notwithstanding any other provision of law, shall
 3568  submit a plan to the department division for approval which
 3569  would use the excess funds in promoting the breeding industry by
 3570  increasing the purse structure for Florida-breds. Preference
 3571  shall be given to the track generating such excess.
 3572         Section 48. Subsection (5) and paragraph (g) of subsection
 3573  (9) of section 550.6305, Florida Statutes, are amended to read:
 3574         550.6305 Intertrack wagering; guest track payments;
 3575  accounting rules.—
 3576         (5) The department division shall adopt rules providing an
 3577  expedient accounting procedure for the transfer of the pari
 3578  mutuel pool in order to properly account for payment of state
 3579  taxes, payment to the guest track, payment to the host track,
 3580  payment of purses, payment to breeders’ associations, payment to
 3581  horsemen’s associations, and payment to the public.
 3582         (9) A host track that has contracted with an out-of-state
 3583  horse track to broadcast live races conducted at such out-of
 3584  state horse track pursuant to s. 550.3551(5) may broadcast such
 3585  out-of-state races to any guest track and accept wagers thereon
 3586  in the same manner as is provided in s. 550.3551.
 3587         (g)1. Any thoroughbred permitholder which accepts wagers on
 3588  a simulcast signal must make the signal available to any
 3589  permitholder that is eligible to conduct intertrack wagering
 3590  under the provisions of ss. 550.615-550.6345.
 3591         2. Any thoroughbred permitholder which accepts wagers on a
 3592  simulcast signal received after 6 p.m. must make such signal
 3593  available to any permitholder that is eligible to conduct
 3594  intertrack wagering under the provisions of ss. 550.615
 3595  550.6345, including any permitholder located as specified in s.
 3596  550.615(6). Such guest permitholders are authorized to accept
 3597  wagers on such simulcast signal, notwithstanding any other
 3598  provision of this chapter to the contrary.
 3599         3. Any thoroughbred permitholder which accepts wagers on a
 3600  simulcast signal received after 6 p.m. must make such signal
 3601  available to any permitholder that is eligible to conduct
 3602  intertrack wagering under the provisions of ss. 550.615
 3603  550.6345, including any permitholder located as specified in s.
 3604  550.615(9). Such guest permitholders are authorized to accept
 3605  wagers on such simulcast signals for a number of performances
 3606  not to exceed that which constitutes a full schedule of live
 3607  races for a quarter horse permitholder pursuant to s.
 3608  550.002(10)(11), notwithstanding any other provision of this
 3609  chapter to the contrary, except that the restrictions provided
 3610  in s. 550.615(9)(a) apply to wagers on such simulcast signals.
 3611  
 3612  No thoroughbred permitholder shall be required to continue to
 3613  rebroadcast a simulcast signal to any in-state permitholder if
 3614  the average per performance gross receipts returned to the host
 3615  permitholder over the preceding 30-day period were less than
 3616  $100. Subject to the provisions of s. 550.615(4), as a condition
 3617  of receiving rebroadcasts of thoroughbred simulcast signals
 3618  under this paragraph, a guest permitholder must accept
 3619  intertrack wagers on all live races conducted by all then
 3620  operating thoroughbred permitholders.
 3621         Section 49. Subsections (1) and (2) of section 550.6308,
 3622  Florida Statutes, are amended to read:
 3623         550.6308 Limited intertrack wagering license.—In
 3624  recognition of the economic importance of the thoroughbred
 3625  breeding industry to this state, its positive impact on tourism,
 3626  and of the importance of a permanent thoroughbred sales facility
 3627  as a key focal point for the activities of the industry, a
 3628  limited license to conduct intertrack wagering is established to
 3629  ensure the continued viability and public interest in
 3630  thoroughbred breeding in Florida.
 3631         (1) Upon application to the department division on or
 3632  before January 31 of each year, any person that is licensed to
 3633  conduct public sales of thoroughbred horses pursuant to s.
 3634  535.01, that has conducted at least 15 days of thoroughbred
 3635  horse sales at a permanent sales facility in this state for at
 3636  least 3 consecutive years, and that has conducted at least 1 day
 3637  of nonwagering thoroughbred racing in this state, with a purse
 3638  structure of at least $250,000 per year for 2 consecutive years
 3639  before such application, shall be issued a license, subject to
 3640  the conditions set forth in this section, to conduct intertrack
 3641  wagering at such a permanent sales facility during the following
 3642  periods:
 3643         (a) Up to 21 days in connection with thoroughbred sales;
 3644         (b) Between November 1 and May 8;
 3645         (c) Between May 9 and October 31 at such times and on such
 3646  days as any thoroughbred, jai alai, or a greyhound permitholder
 3647  in the same county is not conducting live performances; provided
 3648  that any such permitholder may waive this requirement, in whole
 3649  or in part, and allow the licensee under this section to conduct
 3650  intertrack wagering during one or more of the permitholder’s
 3651  live performances; and
 3652         (d) During the weekend of the Kentucky Derby, the
 3653  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 3654  conducted before November 1 and after May 8.
 3655  
 3656  No more than one such license may be issued, and no such license
 3657  may be issued for a facility located within 50 miles of any
 3658  thoroughbred permitholder’s track.
 3659         (2) If more than one application is submitted for such
 3660  license, the department division shall determine which applicant
 3661  shall be granted the license. In making its determination, the
 3662  department division shall grant the license to the applicant
 3663  demonstrating superior capabilities, as measured by the length
 3664  of time the applicant has been conducting thoroughbred sales
 3665  within this state or elsewhere, the applicant’s total volume of
 3666  thoroughbred horse sales, within this state or elsewhere, the
 3667  length of time the applicant has maintained a permanent
 3668  thoroughbred sales facility in this state, and the quality of
 3669  the facility.
 3670         Section 50. Subsection (2) of section 550.70, Florida
 3671  Statutes, is amended to read:
 3672         550.70 Jai alai general provisions; chief court judges
 3673  required; extension of time to construct fronton; amateur jai
 3674  alai contests permitted under certain conditions; playing days’
 3675  limitations; locking of pari-mutuel machines.—
 3676         (2) The time within which the holder of a ratified permit
 3677  for jai alai or pelota has to construct and complete a fronton
 3678  may be extended by the department division for a period of 24
 3679  months after the date of the issuance of the permit, anything to
 3680  the contrary in any statute notwithstanding.
 3681         Section 51. Subsection (3) of section 550.902, Florida
 3682  Statutes, is amended to read:
 3683         550.902 Purposes.—The purposes of this compact are to:
 3684         (3) Authorize the Department of Gaming Control Business and
 3685  Professional Regulation to participate in this compact.
 3686         Section 52. Subsection (1) of section 550.907, Florida
 3687  Statutes, is amended to read:
 3688         550.907 Compact committee.—
 3689         (1) There is created an interstate governmental entity to
 3690  be known as the “compact committee,” which shall be composed of
 3691  one official from the racing commission, or the equivalent
 3692  thereof, in each party state who shall be appointed, serve, and
 3693  be subject to removal in accordance with the laws of the party
 3694  state that she or he represents. The official from Florida shall
 3695  be appointed by the Gaming Commission Secretary of Business and
 3696  Professional Regulation. Pursuant to the laws of her or his
 3697  party state, each official shall have the assistance of her or
 3698  his state’s racing commission, or the equivalent thereof, in
 3699  considering issues related to licensing of participants in pari
 3700  mutuel wagering and in fulfilling her or his responsibilities as
 3701  the representative from her or his state to the compact
 3702  committee.
 3703         Section 53. Subsections (1), (3), (10), and (11) of section
 3704  551.102, Florida Statutes, are amended, present subsection (1)
 3705  of that section is renumbered as subsection (3), and a new
 3706  subsection (1) is added to that section, to read:
 3707         551.102 Definitions.—As used in this chapter, the term:
 3708         (1) “Department” means the Department of Gaming Control.
 3709         (3)(1) “Distributor” means any person who sells, leases, or
 3710  offers or otherwise provides, distributes, or services any slot
 3711  machine or associated equipment for use or play of slot machines
 3712  in this state. A manufacturer may be a distributor within the
 3713  state.
 3714         (3) “Division” means the Division of Pari-mutuel Wagering
 3715  of the Department of Business and Professional Regulation.
 3716         (10) “Slot machine license” means a license issued by the
 3717  department division authorizing a pari-mutuel permitholder to
 3718  place and operate slot machines as provided by s. 23, Art. X of
 3719  the State Constitution, the provisions of this chapter, and
 3720  department division rules.
 3721         (11) “Slot machine licensee” means a pari-mutuel
 3722  permitholder who holds a license issued by the department
 3723  division pursuant to this chapter which that authorizes such
 3724  person to possess a slot machine within facilities specified in
 3725  s. 23, Art. X of the State Constitution and allows slot machine
 3726  gaming.
 3727         Section 54. Section 551.103, Florida Statutes, is amended
 3728  to read:
 3729         551.103 Powers and duties of the department division and
 3730  law enforcement.—
 3731         (1) The department division shall adopt, pursuant to the
 3732  provisions of ss. 120.536(1) and 120.54, all rules necessary to
 3733  implement, administer, and regulate slot machine gaming as
 3734  authorized in this chapter. Such rules must include:
 3735         (a) Procedures for applying for a slot machine license and
 3736  renewal of a slot machine license.
 3737         (b) Technical requirements and the qualifications contained
 3738  in this chapter which that are necessary to receive a slot
 3739  machine license or slot machine occupational license.
 3740         (c) Procedures to scientifically test and technically
 3741  evaluate slot machines for compliance with this chapter. The
 3742  department division may contract with an independent testing
 3743  laboratory to conduct any necessary testing under this section.
 3744  The independent testing laboratory must have a national
 3745  reputation and be which is demonstrably competent and qualified
 3746  to scientifically test and evaluate slot machines for compliance
 3747  with this chapter and to otherwise perform the functions
 3748  assigned to it in this chapter. An independent testing
 3749  laboratory may shall not be owned or controlled by a licensee.
 3750  The use of an independent testing laboratory for any purpose
 3751  related to the conduct of slot machine gaming by a licensee
 3752  under this chapter must shall be made from a list of one or more
 3753  laboratories approved by the department division.
 3754         (d) Procedures relating to slot machine revenues, including
 3755  verifying and accounting for such revenues, auditing, and
 3756  collecting taxes and fees consistent with this chapter.
 3757         (e) Procedures for regulating, managing, and auditing the
 3758  operation, financial data, and program information relating to
 3759  slot machine gaming which that allow the department division and
 3760  the Department of Law Enforcement to audit the operation,
 3761  financial data, and program information of a slot machine
 3762  licensee, as required by the department division or the
 3763  Department of Law Enforcement, and provide the department
 3764  division and the Department of Law Enforcement with the ability
 3765  to monitor, at any time on a real-time basis, wagering patterns,
 3766  payouts, tax collection, and compliance with any rules adopted
 3767  by the department division for the regulation and control of
 3768  slot machines operated under this chapter. Such continuous and
 3769  complete access, at any time on a real-time basis, shall include
 3770  the ability of either the department division or the Department
 3771  of Law Enforcement to suspend play immediately on particular
 3772  slot machines if monitoring of the facilities-based computer
 3773  system indicates possible tampering or manipulation of those
 3774  slot machines or the ability to suspend play immediately of the
 3775  entire operation if the tampering or manipulation is of the
 3776  computer system itself. The department division shall notify the
 3777  Department of Law Enforcement or the Department of Law
 3778  Enforcement shall notify the division, as appropriate, whenever
 3779  there is a suspension of play under this paragraph. The
 3780  department division and the Department of Law Enforcement shall
 3781  exchange such information necessary for and cooperate in the
 3782  investigation of the circumstances requiring suspension of play
 3783  under this paragraph.
 3784         (f) Procedures for requiring each licensee at his or her
 3785  own cost and expense to supply the department division with a
 3786  bond having the penal sum of $2 million payable to the Governor
 3787  and his or her successors in office for each year of the
 3788  licensee’s slot machine operations. Any bond shall be issued by
 3789  a surety or sureties approved by the department division and the
 3790  Chief Financial Officer, conditioned to faithfully make the
 3791  payments to the Chief Financial Officer in his or her capacity
 3792  as treasurer of the department division. The licensee shall be
 3793  required to keep its books and records and make reports as
 3794  provided in this chapter and to conduct its slot machine
 3795  operations in conformity with this chapter and all other
 3796  provisions of law. Such bond shall be separate and distinct from
 3797  the bond required in s. 550.125.
 3798         (g) Procedures for requiring licensees to maintain
 3799  specified records and submit any data, information, record, or
 3800  report, including financial and income records, required by this
 3801  chapter or determined by the department division to be necessary
 3802  to the proper implementation and enforcement of this chapter.
 3803         (h) A requirement that the payout percentage of a slot
 3804  machine be no less than 85 percent.
 3805         (i) Minimum standards for security of the facilities,
 3806  including floor plans, security cameras, and other security
 3807  equipment.
 3808         (j) Procedures for requiring slot machine licensees to
 3809  implement and establish drug-testing programs for all slot
 3810  machine occupational licensees.
 3811         (2) The department division shall conduct such
 3812  investigations necessary to fulfill its responsibilities under
 3813  the provisions of this chapter.
 3814         (3) The Department of Law Enforcement and local law
 3815  enforcement agencies shall have concurrent jurisdiction to
 3816  investigate criminal violations of this chapter and may
 3817  investigate any other criminal violation of law occurring at the
 3818  facilities of a slot machine licensee, and such investigations
 3819  may be conducted in conjunction with the appropriate state
 3820  attorney.
 3821         (4)(a) The department division, the Department of Law
 3822  Enforcement, and local law enforcement agencies shall have
 3823  unrestricted access to the slot machine licensee’s facility at
 3824  all times and shall require of each slot machine licensee strict
 3825  compliance with the laws of this state relating to the
 3826  transaction of such business. The department division, the
 3827  Department of Law Enforcement, and local law enforcement
 3828  agencies may:
 3829         1. Inspect and examine premises where slot machines are
 3830  offered for play.
 3831         2. Inspect slot machines and related equipment and
 3832  supplies.
 3833         (b) In addition, the department division may:
 3834         1. Collect taxes, assessments, fees, and penalties.
 3835         2. Deny, revoke, suspend, or place conditions on the
 3836  license of a person who violates any provision of this chapter
 3837  or rule adopted pursuant thereto.
 3838         (5) The department division shall revoke or suspend the
 3839  license of any person who is no longer qualified or who is
 3840  found, after receiving a license, to have been unqualified at
 3841  the time of application for the license.
 3842         (6) This section does not:
 3843         (a) Prohibit the Department of Law Enforcement or any law
 3844  enforcement authority whose jurisdiction includes a licensed
 3845  facility from conducting investigations of criminal activities
 3846  occurring at the facility of the slot machine licensee;
 3847         (b) Restrict access to the slot machine licensee’s facility
 3848  by the Department of Law Enforcement or any local law
 3849  enforcement authority whose jurisdiction includes the slot
 3850  machine licensee’s facility; or
 3851         (c) Restrict access by the Department of Law Enforcement or
 3852  local law enforcement authorities to information and records
 3853  necessary to the investigation of criminal activity which that
 3854  are contained within the slot machine licensee’s facility.
 3855         Section 55. Section 551.104, Florida Statutes, is amended
 3856  to read:
 3857         551.104 License to conduct slot machine gaming.—
 3858         (1) Upon application and a finding by the department
 3859  division after investigation that the application is complete
 3860  and the applicant is qualified and payment of the initial
 3861  license fee, the department division may issue a license to
 3862  conduct slot machine gaming in the designated slot machine
 3863  gaming area of the eligible facility. Once licensed, slot
 3864  machine gaming may be conducted subject to the requirements of
 3865  this chapter and rules adopted pursuant thereto.
 3866         (2) An application may be approved by the department
 3867  division only after the voters of the county where the
 3868  applicant’s facility is located have authorized by referendum
 3869  slot machines within pari-mutuel facilities in that county as
 3870  specified in s. 23, Art. X of the State Constitution.
 3871         (3) A slot machine license may be issued only to a licensed
 3872  pari-mutuel permitholder, and slot machine gaming may be
 3873  conducted only at the eligible facility at which the
 3874  permitholder is authorized under its valid pari-mutuel wagering
 3875  permit to conduct pari-mutuel wagering activities.
 3876         (4) As a condition of licensure and to maintain continued
 3877  authority for the conduct of slot machine gaming, the slot
 3878  machine licensee shall:
 3879         (a) Continue to be in compliance with this chapter.
 3880         (b) Continue to be in compliance with chapter 550, where
 3881  applicable, and maintain the pari-mutuel permit and license in
 3882  good standing pursuant to the provisions of chapter 550.
 3883  Notwithstanding any contrary provision of law and in order to
 3884  expedite the operation of slot machines at eligible facilities,
 3885  any eligible facility shall be entitled within 60 days after the
 3886  effective date of this act to amend its 2006-2007 pari-mutuel
 3887  wagering operating license issued by the division under ss.
 3888  550.0115 and 550.01215. The division shall issue a new license
 3889  to the eligible facility to effectuate any approved change.
 3890         (c) Conduct no fewer than a full schedule of live racing or
 3891  games as defined in s. 550.002(10)(11). A permitholder’s
 3892  responsibility to conduct such number of live races or games
 3893  shall be reduced by the number of races or games that could not
 3894  be conducted due to the direct result of fire, war, hurricane,
 3895  or other disaster or event beyond the control of the
 3896  permitholder.
 3897         (d) Upon approval of any changes relating to the pari
 3898  mutuel permit by the department division, be responsible for
 3899  providing appropriate current and accurate documentation on a
 3900  timely basis to the department division in order to continue the
 3901  slot machine license in good standing. Changes in ownership or
 3902  interest of a slot machine license of 5 percent or more of the
 3903  stock or other evidence of ownership or equity in the slot
 3904  machine license or any parent corporation or other business
 3905  entity that in any way owns or controls the slot machine license
 3906  shall be approved by the department division prior to such
 3907  change, unless the owner is an existing holder of that license
 3908  who was previously approved by the department division. Changes
 3909  in ownership or interest of a slot machine license of less than
 3910  5 percent, unless such change results in a cumulative total of 5
 3911  percent or more, shall be reported to the department division
 3912  within 20 days after the change. The department division may
 3913  then conduct an investigation to ensure that the license is
 3914  properly updated to show the change in ownership or interest. No
 3915  reporting is required if the person is holding 5 percent or less
 3916  equity or securities of a corporate owner of the slot machine
 3917  licensee that has its securities registered pursuant to s. 12 of
 3918  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and
 3919  if such corporation or entity files with the United States
 3920  Securities and Exchange Commission the reports required by s. 13
 3921  of that act or if the securities of the corporation or entity
 3922  are regularly traded on an established securities market in the
 3923  United States. A change in ownership or interest of less than 5
 3924  percent which results in a cumulative ownership or interest of 5
 3925  percent or more must shall be approved by the department before
 3926  division prior to such change unless the owner is an existing
 3927  holder of the license who was previously approved by the
 3928  department division.
 3929         (e) Allow the department division and the Department of Law
 3930  Enforcement unrestricted access to and right of inspection of
 3931  facilities of a slot machine licensee in which any activity
 3932  relative to the conduct of slot machine gaming is conducted.
 3933         (f) Ensure that the facilities-based computer system that
 3934  the licensee will use for operational and accounting functions
 3935  of the slot machine facility is specifically structured to
 3936  facilitate regulatory oversight. The facilities-based computer
 3937  system shall be designed to provide the department division and
 3938  the Department of Law Enforcement with the ability to monitor,
 3939  at any time on a real-time basis, the wagering patterns,
 3940  payouts, tax collection, and such other operations as necessary
 3941  to determine whether the facility is in compliance with
 3942  statutory provisions and rules adopted by the department
 3943  division for the regulation and control of slot machine gaming.
 3944  The department division and the Department of Law Enforcement
 3945  shall have complete and continuous access to this system. Such
 3946  access shall include the ability of either the department
 3947  division or the Department of Law Enforcement to suspend play
 3948  immediately on particular slot machines if monitoring of the
 3949  system indicates possible tampering or manipulation of those
 3950  slot machines or the ability to suspend play immediately of the
 3951  entire operation if the tampering or manipulation is of the
 3952  computer system itself. The computer system shall be reviewed
 3953  and approved by the department division to ensure necessary
 3954  access, security, and functionality. The department division may
 3955  adopt rules to provide for the approval process.
 3956         (g) Ensure that each slot machine is protected from
 3957  manipulation or tampering to affect the random probabilities of
 3958  winning plays. The department division or the Department of Law
 3959  Enforcement may shall have the authority to suspend play upon
 3960  reasonable suspicion of any manipulation or tampering. When play
 3961  has been suspended on any slot machine, the department division
 3962  or the Department of Law Enforcement may examine any slot
 3963  machine to determine whether the machine has been tampered with
 3964  or manipulated and whether the machine should be returned to
 3965  operation.
 3966         (h) Submit a security plan, including the facilities’ floor
 3967  plan, the locations of security cameras, and a listing of all
 3968  security equipment that is capable of observing and
 3969  electronically recording activities being conducted in the
 3970  facilities of the slot machine licensee. The security plan must
 3971  meet the minimum security requirements as determined by the
 3972  department division under s. 551.103(1)(i) and be implemented
 3973  prior to operation of slot machine gaming. The slot machine
 3974  licensee’s facilities must adhere to the security plan at all
 3975  times. Any changes to the security plan must be submitted by the
 3976  licensee to the department before division prior to
 3977  implementation. The department division shall furnish copies of
 3978  the security plan and changes in the plan to the Department of
 3979  Law Enforcement.
 3980         (i) Create and file with the department division a written
 3981  policy for:
 3982         1. Creating opportunities to purchase from vendors in this
 3983  state, including minority vendors.
 3984         2. Creating opportunities for employment of residents of
 3985  this state, including minority residents.
 3986         3. Ensuring opportunities for construction services from
 3987  minority contractors.
 3988         4. Ensuring that opportunities for employment are offered
 3989  on an equal, nondiscriminatory basis.
 3990         5. Training for employees on responsible gaming and working
 3991  with a compulsive or addictive gambling prevention program to
 3992  further its purposes as provided for in s. 551.118.
 3993         6. The implementation of a drug-testing program that
 3994  includes, but is not limited to, requiring each employee to sign
 3995  an agreement that he or she understands that the slot machine
 3996  facility is a drug-free workplace.
 3997  
 3998  The slot machine licensee shall use the Internet-based job
 3999  listing system of the Agency for Workforce Innovation in
 4000  advertising employment opportunities. Beginning in June 2007,
 4001  Each slot machine licensee shall provide an annual report to the
 4002  department division containing information indicating compliance
 4003  with this paragraph in regard to minority persons.
 4004         (j) Ensure that the payout percentage of a slot machine
 4005  gaming facility is at least 85 percent.
 4006         (5) A slot machine license is not transferable.
 4007         (6) A slot machine licensee shall keep and maintain
 4008  permanent daily records of its slot machine operation and shall
 4009  maintain such records for a period of not less than 5 years.
 4010  These records must include all financial transactions and
 4011  contain sufficient detail to determine compliance with the
 4012  requirements of this chapter. All records shall be available for
 4013  audit and inspection by the department division, the Department
 4014  of Law Enforcement, or other law enforcement agencies during the
 4015  licensee’s regular business hours.
 4016         (7) A slot machine licensee shall file with the department
 4017  division a monthly report containing the required records of
 4018  such slot machine operation. The required reports shall be
 4019  submitted on forms prescribed by the department division and
 4020  shall be due at the same time as the monthly pari-mutuel reports
 4021  are due to the department division, and the reports shall be
 4022  deemed public records once filed.
 4023         (8) A slot machine licensee shall file with the department
 4024  division an audit of the receipt and distribution of all slot
 4025  machine revenues provided by an independent certified public
 4026  accountant verifying compliance with all financial and auditing
 4027  provisions of this chapter and the associated rules adopted
 4028  under this chapter. The audit must include verification of
 4029  compliance with all statutes and rules regarding all required
 4030  records of slot machine operations. Such audit shall be filed
 4031  within 60 days after the completion of the permitholder’s pari
 4032  mutuel meet.
 4033         (9) The department division may share any information with
 4034  the Department of Law Enforcement, any other law enforcement
 4035  agency having jurisdiction over slot machine gaming or pari
 4036  mutuel activities, or any other state or federal law enforcement
 4037  agency the department division or the Department of Law
 4038  Enforcement deems appropriate. Any law enforcement agency having
 4039  jurisdiction over slot machine gaming or pari-mutuel activities
 4040  may share any information obtained or developed by it with the
 4041  department division.
 4042         (10)(a)1. No slot machine license or renewal thereof shall
 4043  be issued to an applicant holding a permit under chapter 550 to
 4044  conduct pari-mutuel wagering meets of thoroughbred racing unless
 4045  the applicant has on file with the department division a binding
 4046  written agreement between the applicant and the Florida
 4047  Horsemen’s Benevolent and Protective Association, Inc.,
 4048  governing the payment of purses on live thoroughbred races
 4049  conducted at the licensee’s pari-mutuel facility. In addition,
 4050  no slot machine license or renewal thereof shall be issued to
 4051  such an applicant unless the applicant has on file with the
 4052  department division a binding written agreement between the
 4053  applicant and the Florida Thoroughbred Breeders’ Association,
 4054  Inc., governing the payment of breeders’, stallion, and special
 4055  racing awards on live thoroughbred races conducted at the
 4056  licensee’s pari-mutuel facility. The agreement governing purses
 4057  and the agreement governing awards may direct the payment of
 4058  such purses and awards from revenues generated by any wagering
 4059  or gaming the applicant is authorized to conduct under Florida
 4060  law. All purses and awards shall be subject to the terms of
 4061  chapter 550. All sums for breeders’, stallion, and special
 4062  racing awards shall be remitted monthly to the Florida
 4063  Thoroughbred Breeders’ Association, Inc., for the payment of
 4064  awards subject to the administrative fee authorized in s.
 4065  550.2625(3).
 4066         2. No slot machine license or renewal thereof shall be
 4067  issued to an applicant holding a permit under chapter 550 to
 4068  conduct pari-mutuel wagering meets of quarter horse racing
 4069  unless the applicant has on file with the department division a
 4070  binding written agreement between the applicant and the Florida
 4071  Quarter Horse Racing Association or the association representing
 4072  a majority of the horse owners and trainers at the applicant’s
 4073  eligible facility, governing the payment of purses on live
 4074  quarter horse races conducted at the licensee’s pari-mutuel
 4075  facility. The agreement governing purses may direct the payment
 4076  of such purses from revenues generated by any wagering or gaming
 4077  the applicant is authorized to conduct under Florida law. All
 4078  purses are shall be subject to the terms of chapter 550.
 4079         (b) The department division shall suspend a slot machine
 4080  license if one or more of the agreements required under
 4081  paragraph (a) are terminated or otherwise cease to operate or if
 4082  the department division determines that the licensee is
 4083  materially failing to comply with the terms of such an
 4084  agreement. Any such suspension shall take place in accordance
 4085  with chapter 120.
 4086         (c)1. If an agreement required under paragraph (a) cannot
 4087  be reached before prior to the initial issuance of the slot
 4088  machine license, either party may request arbitration or, in the
 4089  case of a renewal, if an agreement required under paragraph (a)
 4090  is not in place 120 days prior to the scheduled expiration date
 4091  of the slot machine license, the applicant shall immediately ask
 4092  the American Arbitration Association to furnish a list of 11
 4093  arbitrators, each of whom shall have at least 5 years of
 4094  commercial arbitration experience and no financial interest in
 4095  or prior relationship with any of the parties or their
 4096  affiliated or related entities or principals. Each required
 4097  party to the agreement shall select a single arbitrator from the
 4098  list provided by the American Arbitration Association within 10
 4099  days of receipt, and the individuals so selected shall choose
 4100  one additional arbitrator from the list within the next 10 days.
 4101         2. If an agreement required under paragraph (a) is not in
 4102  place 60 days after the request under subparagraph 1. in the
 4103  case of an initial slot machine license or, in the case of a
 4104  renewal, 60 days before prior to the scheduled expiration date
 4105  of the slot machine license, the matter shall be immediately
 4106  submitted to mandatory binding arbitration to resolve the
 4107  disagreement between the parties. The three arbitrators selected
 4108  pursuant to subparagraph 1. shall constitute the panel that
 4109  shall arbitrate the dispute between the parties pursuant to the
 4110  American Arbitration Association Commercial Arbitration Rules
 4111  and chapter 682.
 4112         3. At the conclusion of the proceedings, which shall be no
 4113  later than 90 days after the request under subparagraph 1. in
 4114  the case of an initial slot machine license or, in the case of a
 4115  renewal, 30 days before prior to the scheduled expiration date
 4116  of the slot machine license, the arbitration panel shall present
 4117  to the parties a proposed agreement that the majority of the
 4118  panel believes equitably balances the rights, interests,
 4119  obligations, and reasonable expectations of the parties. The
 4120  parties shall immediately enter into such agreement, which shall
 4121  satisfy the requirements of paragraph (a) and permit issuance of
 4122  the pending annual slot machine license or renewal. The
 4123  agreement produced by the arbitration panel under this
 4124  subparagraph shall be effective until the last day of the
 4125  license or renewal period or until the parties enter into a
 4126  different agreement. Each party shall pay its respective costs
 4127  of arbitration and shall pay one-half of the costs of the
 4128  arbitration panel, unless the parties otherwise agree. If the
 4129  agreement produced by the arbitration panel under this
 4130  subparagraph remains in place 120 days prior to the scheduled
 4131  issuance of the next annual license renewal, then the
 4132  arbitration process established in this paragraph will begin
 4133  again.
 4134         4. If In the event that neither of the agreements required
 4135  under subparagraph (a)1. or the agreement required under
 4136  subparagraph (a)2. are not in place by the deadlines established
 4137  in this paragraph, arbitration regarding each agreement shall
 4138  will proceed independently, with separate lists of arbitrators,
 4139  arbitration panels, arbitration proceedings, and resulting
 4140  agreements.
 4141         5. With respect to the agreements required under paragraph
 4142  (a) governing the payment of purses, the arbitration and
 4143  resulting agreement called for under this paragraph shall be
 4144  limited to the payment of purses from slot machine revenues
 4145  only.
 4146         (d) If any provision of this subsection or its application
 4147  to any person or circumstance is held invalid, the invalidity
 4148  does not affect other provisions or applications of this
 4149  subsection or chapter which can be given effect without the
 4150  invalid provision or application, and to this end the provisions
 4151  of this subsection are severable.
 4152         Section 56. Section 551.1045, Florida Statutes, is amended
 4153  to read:
 4154         551.1045 Temporary licenses.—
 4155         (1) Notwithstanding any provision of s. 120.60 to the
 4156  contrary, the department division may issue a temporary
 4157  occupational license upon the receipt of a complete application
 4158  from the applicant and a determination that the applicant has
 4159  not been convicted of or had adjudication withheld on any
 4160  disqualifying criminal offense. The temporary occupational
 4161  license remains valid until such time as the department division
 4162  grants an occupational license or notifies the applicant of its
 4163  intended decision to deny the applicant a license pursuant to
 4164  the provisions of s. 120.60. The department division shall adopt
 4165  rules to administer this subsection. However, not more than one
 4166  temporary license may be issued for any person in any year.
 4167         (2) A temporary license issued under this section is
 4168  nontransferable.
 4169         Section 57. Subsection (3) of section 551.105, Florida
 4170  Statutes, is amended to read:
 4171         551.105 Slot machine license renewal.—
 4172         (3) Upon determination by the department division that the
 4173  application for renewal is complete and qualifications have been
 4174  met, including payment of the renewal fee, the slot machine
 4175  license shall be renewed annually.
 4176         Section 58. Section 551.106, Florida Statutes, is amended
 4177  to read:
 4178         551.106 License fee; tax rate; penalties.—
 4179         (1) LICENSE FEE.—
 4180         (a) Upon submission of the initial application for a slot
 4181  machine license and annually thereafter, on the anniversary date
 4182  of the issuance of the initial license, the licensee must pay to
 4183  the department division a nonrefundable license fee of $3
 4184  million for the succeeding 12 months of licensure. In the 2010
 4185  2011 fiscal year, the licensee must pay the department division
 4186  a nonrefundable license fee of $2.5 million for the succeeding
 4187  12 months of licensure. In the 2011-2012 fiscal year and for
 4188  every fiscal year thereafter, the licensee must pay the
 4189  department division a nonrefundable license fee of $2 million
 4190  for the succeeding 12 months of licensure. The license fee shall
 4191  be deposited into the Pari-mutuel Wagering Trust Fund of the
 4192  Department of Business and Professional Regulation to be used by
 4193  the department division and the Department of Law Enforcement
 4194  for investigations, regulation of slot machine gaming, and
 4195  enforcement of slot machine gaming provisions under this
 4196  chapter. These payments shall be accounted for separately from
 4197  taxes or fees paid pursuant to the provisions of chapter 550.
 4198         (b) Prior to January 1, 2007, the division shall evaluate
 4199  the license fee and shall make recommendations to the President
 4200  of the Senate and the Speaker of the House of Representatives
 4201  regarding the optimum level of slot machine license fees in
 4202  order to adequately support the slot machine regulatory program.
 4203         (2) TAX ON SLOT MACHINE REVENUES.—
 4204         (a) The tax rate on slot machine revenues at each facility
 4205  shall be 35 percent. If, during any state fiscal year, the
 4206  aggregate amount of tax paid to the state by all slot machine
 4207  licensees in Broward and Miami-Dade Counties is less than the
 4208  aggregate amount of tax paid to the state by all slot machine
 4209  licensees in the 2008-2009 fiscal year, each slot machine
 4210  licensee shall pay to the state within 45 days after the end of
 4211  the state fiscal year a surcharge equal to its pro rata share of
 4212  an amount equal to the difference between the aggregate amount
 4213  of tax paid to the state by all slot machine licensees in the
 4214  2008-2009 fiscal year and the amount of tax paid during the
 4215  fiscal year. Each licensee’s pro rata share shall be an amount
 4216  determined by dividing the number 1 by the number of facilities
 4217  licensed to operate slot machines during the applicable fiscal
 4218  year, regardless of whether the facility is operating such
 4219  machines.
 4220         (b) The slot machine revenue tax imposed by this section
 4221  shall be paid to the department division for deposit into the
 4222  Pari-mutuel Wagering Trust Fund for immediate transfer by the
 4223  Chief Financial Officer for deposit into the Educational
 4224  Enhancement Trust Fund of the Department of Education. Any
 4225  interest earnings on the tax revenues shall also be transferred
 4226  to the Educational Enhancement Trust Fund.
 4227         (c)1. Funds transferred to the Educational Enhancement
 4228  Trust Fund under paragraph (b) shall be used to supplement
 4229  public education funding statewide.
 4230         2. If necessary to comply with any covenant established
 4231  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 4232  funds transferred to the Educational Enhancement Trust Fund
 4233  under paragraph (b) shall first be available to pay debt service
 4234  on lottery bonds issued to fund school construction in the event
 4235  lottery revenues are insufficient for such purpose or to satisfy
 4236  debt service reserve requirements established in connection with
 4237  lottery bonds. Moneys available pursuant to this subparagraph
 4238  are subject to annual appropriation by the Legislature.
 4239         (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
 4240  on slot machine revenues imposed by this section shall be paid
 4241  to the department division. The department division shall
 4242  deposit these sums with the Chief Financial Officer, to the
 4243  credit of the Pari-mutuel Wagering Trust Fund. The slot machine
 4244  licensee shall remit to the department division payment for the
 4245  tax on slot machine revenues. Such payments shall be remitted by
 4246  3 p.m. Wednesday of each week for taxes imposed and collected
 4247  for the preceding week ending on Sunday. Beginning on July 1,
 4248  2012, the slot machine licensee shall remit to the department
 4249  division payment for the tax on slot machine revenues by 3 p.m.
 4250  on the 5th day of each calendar month for taxes imposed and
 4251  collected for the preceding calendar month. If the 5th day of
 4252  the calendar month falls on a weekend, payments shall be
 4253  remitted by 3 p.m. the first Monday following the weekend. The
 4254  slot machine licensee shall file a report under oath by the 5th
 4255  day of each calendar month for all taxes remitted during the
 4256  preceding calendar month. Such payments shall be accompanied by
 4257  a report under oath showing all slot machine gaming activities
 4258  for the preceding calendar month and such other information as
 4259  may be prescribed by the department division.
 4260         (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 4261  fails to make tax payments as required under this section is
 4262  subject to an administrative penalty of up to $10,000 for each
 4263  day the tax payment is not remitted. All administrative
 4264  penalties imposed and collected shall be deposited into the
 4265  Pari-mutuel Wagering Trust Fund of the Department of Business
 4266  and Professional Regulation. If any slot machine licensee fails
 4267  to pay penalties imposed by order of the department division
 4268  under this subsection, the department division may suspend,
 4269  revoke, or refuse to renew the license of the slot machine
 4270  licensee.
 4271         (5) SUBMISSION OF FUNDS.—The department division may
 4272  require slot machine licensees to remit taxes, fees, fines, and
 4273  assessments by electronic funds transfer.
 4274         Section 59. Section 551.107, Florida Statutes, is amended
 4275  to read:
 4276         551.107 Slot machine occupational license; findings;
 4277  application; fee.—
 4278         (1) The Legislature finds that individuals and entities
 4279  that are licensed under this section require heightened state
 4280  scrutiny, including the submission by the individual licensees
 4281  or persons associated with the entities described in this
 4282  chapter of fingerprints for a criminal history record check.
 4283         (2)(a) The following slot machine occupational licenses
 4284  shall be issued to persons or entities that, by virtue of the
 4285  positions they hold, might be granted access to slot machine
 4286  gaming areas or to any other person or entity in one of the
 4287  following categories:
 4288         1. General occupational licenses for general employees,
 4289  including food service, maintenance, and other similar service
 4290  and support employees having access to the slot machine gaming
 4291  area.
 4292         2. Professional occupational licenses for any person,
 4293  proprietorship, partnership, corporation, or other entity that
 4294  is authorized by a slot machine licensee to manage, oversee, or
 4295  otherwise control daily operations as a slot machine manager, a
 4296  floor supervisor, security personnel, or any other similar
 4297  position of oversight of gaming operations, or any person who is
 4298  not an employee of the slot machine licensee and who provides
 4299  maintenance, repair, or upgrades or otherwise services a slot
 4300  machine or other slot machine equipment.
 4301         3. Business occupational licenses for any slot machine
 4302  management company or company associated with slot machine
 4303  gaming, any person who manufactures, distributes, or sells slot
 4304  machines, slot machine paraphernalia, or other associated
 4305  equipment to slot machine licensees, or any company that sells
 4306  or provides goods or services associated with slot machine
 4307  gaming to slot machine licensees.
 4308         (b) The department division may issue one license to
 4309  combine licenses under this section with pari-mutuel
 4310  occupational licenses and cardroom licenses pursuant to s.
 4311  550.105(2)(b). The department division shall adopt rules
 4312  pertaining to occupational licenses under this subsection. Such
 4313  rules may specify, but need not be limited to, requirements and
 4314  restrictions for licensed occupations and categories, procedures
 4315  to apply for any license or combination of licenses,
 4316  disqualifying criminal offenses for a licensed occupation or
 4317  categories of occupations, and which types of occupational
 4318  licenses may be combined into a single license under this
 4319  section. The fingerprinting requirements of subsection (7) apply
 4320  to any combination license that includes slot machine license
 4321  privileges under this section. The department division may not
 4322  adopt a rule allowing the issuance of an occupational license to
 4323  any person who does not meet the minimum background
 4324  qualifications under this section.
 4325         (c) Slot machine occupational licenses are not
 4326  transferable.
 4327         (3) A slot machine licensee may not employ or otherwise
 4328  allow a person to work at a licensed facility unless such person
 4329  holds the appropriate valid occupational license. A slot machine
 4330  licensee may not contract or otherwise do business with a
 4331  business required to hold a slot machine occupational license
 4332  unless the business holds such a license. A slot machine
 4333  licensee may not employ or otherwise allow a person to work in a
 4334  supervisory or management professional level at a licensed
 4335  facility unless such person holds a valid slot machine
 4336  occupational license. All slot machine occupational licensees,
 4337  while present in slot machine gaming areas, shall display on
 4338  their persons their occupational license identification cards.
 4339         (4)(a) A person seeking a slot machine occupational license
 4340  or renewal thereof shall make application on forms prescribed by
 4341  the department division and include payment of the appropriate
 4342  application fee. Initial and renewal applications for slot
 4343  machine occupational licenses must contain all information that
 4344  the department division, by rule, determines is required to
 4345  ensure eligibility.
 4346         (b) A slot machine license or combination license is valid
 4347  for the same term as a pari-mutuel occupational license issued
 4348  pursuant to s. 550.105(1).
 4349         (c) Pursuant to rules adopted by the department division,
 4350  any person may apply for and, if qualified, be issued a slot
 4351  machine occupational license valid for a period of 3 years upon
 4352  payment of the full occupational license fee for each of the 3
 4353  years for which the license is issued. The slot machine
 4354  occupational license is valid during its specified term at any
 4355  licensed facility where slot machine gaming is authorized to be
 4356  conducted.
 4357         (d) The slot machine occupational license fee for initial
 4358  application and annual renewal shall be determined by rule of
 4359  the department division but may not exceed $50 for a general or
 4360  professional occupational license for an employee of the slot
 4361  machine licensee or $1,000 for a business occupational license
 4362  for nonemployees of the licensee providing goods or services to
 4363  the slot machine licensee. License fees for general occupational
 4364  licensees shall be paid by the slot machine licensee. Failure to
 4365  pay the required fee constitutes grounds for disciplinary action
 4366  by the department division against the slot machine licensee,
 4367  but it is not a violation of this chapter or rules of the
 4368  department division by the general occupational licensee and
 4369  does not prohibit the initial issuance or the renewal of the
 4370  general occupational license.
 4371         (5) The department division may:
 4372         (a) Deny an application for, or revoke, suspend, or place
 4373  conditions or restrictions on, a license of a person or entity
 4374  that has been refused a license by any other state gaming
 4375  commission, governmental department, agency, or other authority
 4376  exercising regulatory jurisdiction over the gaming of another
 4377  state or jurisdiction; or
 4378         (b) Deny an application for, or suspend or place conditions
 4379  on, a license of any person or entity that is under suspension
 4380  or has unpaid fines in another state or jurisdiction.
 4381         (6)(a) The department division may deny, suspend, revoke,
 4382  or refuse to renew any slot machine occupational license if the
 4383  applicant for such license or the licensee has violated the
 4384  provisions of this chapter or the rules of the department
 4385  division governing the conduct of persons connected with slot
 4386  machine gaming. In addition, the department division may deny,
 4387  suspend, revoke, or refuse to renew any slot machine
 4388  occupational license if the applicant for such license or the
 4389  licensee has been convicted in this state, in any other state,
 4390  or under the laws of the United States of a capital felony, a
 4391  felony, or an offense in any other state which that would be a
 4392  felony under the laws of this state involving arson; trafficking
 4393  in, conspiracy to traffic in, smuggling, importing, conspiracy
 4394  to smuggle or import, or delivery, sale, or distribution of a
 4395  controlled substance; racketeering; or a crime involving a lack
 4396  of good moral character, or has had a gaming license revoked by
 4397  this state or any other jurisdiction for any gaming-related
 4398  offense.
 4399         (b) The department division may deny, revoke, or refuse to
 4400  renew any slot machine occupational license if the applicant for
 4401  such license or the licensee has been convicted of a felony or
 4402  misdemeanor in this state, in any other state, or under the laws
 4403  of the United States if such felony or misdemeanor is related to
 4404  gambling or bookmaking as described in s. 849.25.
 4405         (c) For purposes of this subsection, the term “convicted”
 4406  means having been found guilty, with or without adjudication of
 4407  guilt, as a result of a jury verdict, nonjury trial, or entry of
 4408  a plea of guilty or nolo contendere.
 4409         (7) Fingerprints for all slot machine occupational license
 4410  applications shall be taken in a manner approved by the
 4411  department division and shall be submitted electronically to the
 4412  Department of Law Enforcement for state processing and the
 4413  Federal Bureau of Investigation for national processing for a
 4414  criminal history record check. All persons as specified in s.
 4415  550.1815(1)(a) employed by or working within a licensed premises
 4416  shall submit fingerprints for a criminal history record check
 4417  and may not have been convicted of any disqualifying criminal
 4418  offenses specified in subsection (6). Department Division
 4419  employees and law enforcement officers assigned by their
 4420  employing agencies to work within the premises as part of their
 4421  official duties are excluded from the criminal history record
 4422  check requirements under this subsection. For purposes of this
 4423  subsection, the term “convicted” means having been found guilty,
 4424  with or without adjudication of guilt, as a result of a jury
 4425  verdict, nonjury trial, or entry of a plea of guilty or nolo
 4426  contendere.
 4427         (a) Fingerprints shall be taken in a manner approved by the
 4428  department division upon initial application, or as required
 4429  thereafter by rule of the department division, and shall be
 4430  submitted electronically to the Department of Law Enforcement
 4431  for state processing. The Department of Law Enforcement shall
 4432  forward the fingerprints to the Federal Bureau of Investigation
 4433  for national processing. The results of the criminal history
 4434  record check shall be returned to the department division for
 4435  purposes of screening. Licensees shall provide necessary
 4436  equipment approved by the Department of Law Enforcement to
 4437  facilitate such electronic submission. The department division
 4438  requirements under this subsection shall be instituted in
 4439  consultation with the Department of Law Enforcement.
 4440         (b) The cost of processing fingerprints and conducting a
 4441  criminal history record check for a general occupational license
 4442  shall be borne by the slot machine licensee. The cost of
 4443  processing fingerprints and conducting a criminal history record
 4444  check for a business or professional occupational license shall
 4445  be borne by the person being checked. The Department of Law
 4446  Enforcement may submit an invoice to the department division for
 4447  the cost of fingerprints submitted each month.
 4448         (c) All fingerprints submitted to the Department of Law
 4449  Enforcement and required by this section shall be retained by
 4450  the Department of Law Enforcement and entered into the statewide
 4451  automated fingerprint identification system as authorized by s.
 4452  943.05(2)(b) and shall be available for all purposes and uses
 4453  authorized for arrest fingerprint cards entered into the
 4454  statewide automated fingerprint identification system pursuant
 4455  to s. 943.051.
 4456         (d) The Department of Law Enforcement shall search all
 4457  arrest fingerprints received pursuant to s. 943.051 against the
 4458  fingerprints retained in the statewide automated fingerprint
 4459  identification system under paragraph (c). Any arrest record
 4460  that is identified with the retained fingerprints of a person
 4461  subject to the criminal history screening requirements of this
 4462  section shall be reported to the department division. Each
 4463  licensed facility shall pay a fee to the department division for
 4464  the cost of retention of the fingerprints and the ongoing
 4465  searches under this paragraph. The department division shall
 4466  forward the payment to the Department of Law Enforcement. The
 4467  amount of the fee to be imposed for performing these searches
 4468  and the procedures for the retention of licensee fingerprints
 4469  shall be as established by rule of the Department of Law
 4470  Enforcement. The department division shall inform the Department
 4471  of Law Enforcement of any change in the license status of
 4472  licensees whose fingerprints are retained under paragraph (c).
 4473         (e) The department division shall request the Department of
 4474  Law Enforcement to forward the fingerprints to the Federal
 4475  Bureau of Investigation for a national criminal history records
 4476  check every 3 years following issuance of a license. If the
 4477  fingerprints of a person who is licensed have not been retained
 4478  by the Department of Law Enforcement, the person must file a
 4479  complete set of fingerprints as provided for in paragraph (a).
 4480  The department division shall collect the fees for the cost of
 4481  the national criminal history record check under this paragraph
 4482  and shall forward the payment to the Department of Law
 4483  Enforcement. The cost of processing fingerprints and conducting
 4484  a criminal history record check under this paragraph for a
 4485  general occupational license shall be borne by the slot machine
 4486  licensee. The cost of processing fingerprints and conducting a
 4487  criminal history record check under this paragraph for a
 4488  business or professional occupational license shall be borne by
 4489  the person being checked. The Department of Law Enforcement may
 4490  submit an invoice to the department division for the cost of
 4491  fingerprints submitted each month. Under penalty of perjury,
 4492  each person who is licensed or who is fingerprinted as required
 4493  by this section must agree to inform the department division
 4494  within 48 hours if he or she is convicted of or has entered a
 4495  plea of guilty or nolo contendere to any disqualifying offense,
 4496  regardless of adjudication.
 4497         (8) All moneys collected pursuant to this section shall be
 4498  deposited into the Pari-mutuel Wagering Trust Fund.
 4499         (9) The department division may deny, revoke, or suspend
 4500  any occupational license if the applicant or holder of the
 4501  license accumulates unpaid obligations, defaults in obligations,
 4502  or issues drafts or checks that are dishonored or for which
 4503  payment is refused without reasonable cause.
 4504         (10) The department division may fine or suspend, revoke,
 4505  or place conditions upon the license of any licensee who
 4506  provides false information under oath regarding an application
 4507  for a license or an investigation by the department division.
 4508         (11) The department division may impose a civil fine of up
 4509  to $5,000 for each violation of this chapter or the rules of the
 4510  department division in addition to or in lieu of any other
 4511  penalty provided for in this section. The department division
 4512  may adopt a penalty schedule for violations of this chapter or
 4513  any rule adopted pursuant to this chapter for which it would
 4514  impose a fine in lieu of a suspension and adopt rules allowing
 4515  for the issuance of citations, including procedures to address
 4516  such citations, to persons who violate such rules. In addition
 4517  to any other penalty provided by law, the department division
 4518  may exclude from all licensed slot machine facilities in this
 4519  state, for a period not to exceed the period of suspension,
 4520  revocation, or ineligibility, any person whose occupational
 4521  license application has been declared ineligible to hold an
 4522  occupational license or whose occupational license has been
 4523  suspended or revoked by the department division.
 4524         Section 60. Section 551.108, Florida Statutes, is amended
 4525  to read:
 4526         551.108 Prohibited relationships.—
 4527         (1) A person employed by or performing any function on
 4528  behalf of the department division may not:
 4529         (a) Be an officer, director, owner, or employee of any
 4530  person or entity licensed by the department division.
 4531         (b) Have or hold any interest, direct or indirect, in or
 4532  engage in any commerce or business relationship with any person
 4533  licensed by the department division.
 4534         (2) A manufacturer or distributor of slot machines may not
 4535  enter into any contract with a slot machine licensee which that
 4536  provides for any revenue sharing of any kind or nature or which
 4537  that is directly or indirectly calculated on the basis of a
 4538  percentage of slot machine revenues. Any maneuver, shift, or
 4539  device whereby this subsection is violated is a violation of
 4540  this chapter and renders any such agreement void.
 4541         (3) A manufacturer or distributor of slot machines or any
 4542  equipment necessary for the operation of slot machines or an
 4543  officer, director, or employee of any such manufacturer or
 4544  distributor may not have any ownership or financial interest in
 4545  a slot machine license or in any business owned by the slot
 4546  machine licensee.
 4547         (4) An employee of the department division or relative
 4548  living in the same household as such employee of the department
 4549  division may not wager at any time on a slot machine located at
 4550  a facility licensed by the department division.
 4551         (5) An occupational licensee or relative living in the same
 4552  household as such occupational licensee may not wager at any
 4553  time on a slot machine located at a facility where that person
 4554  is employed.
 4555         Section 61. Subsections (2) and (7) of section 551.109,
 4556  Florida Statutes, are amended to read:
 4557         551.109 Prohibited acts; penalties.—
 4558         (2) Except as otherwise provided by law and in addition to
 4559  any other penalty, any person who possesses a slot machine
 4560  without the license required by this chapter or who possesses a
 4561  slot machine at any location other than at the slot machine
 4562  licensee’s facility is subject to an administrative fine or
 4563  civil penalty of up to $10,000 per machine. The prohibition in
 4564  this subsection does not apply to:
 4565         (a) Slot machine manufacturers or slot machine distributors
 4566  that hold appropriate licenses issued by the department division
 4567  who are authorized to maintain a slot machine storage and
 4568  maintenance facility at any location in a county in which slot
 4569  machine gaming is authorized by this chapter. The department
 4570  division may adopt rules regarding security and access to the
 4571  storage facility and inspections by the department division.
 4572         (b) Certified educational facilities that are authorized to
 4573  maintain slot machines for the sole purpose of education and
 4574  licensure, if any, of slot machine technicians, inspectors, or
 4575  investigators. The department division and the Department of Law
 4576  Enforcement may possess slot machines for training and testing
 4577  purposes. The department division may adopt rules regarding the
 4578  regulation of any such slot machines used for educational,
 4579  training, or testing purposes.
 4580         (7) All penalties imposed and collected under this section
 4581  must be deposited into the Pari-mutuel Wagering Trust Fund of
 4582  the Department of Business and Professional Regulation.
 4583         Section 62. Section 551.112, Florida Statutes, is amended
 4584  to read:
 4585         551.112 Exclusions of certain persons.—In addition to the
 4586  power to exclude certain persons from any facility of a slot
 4587  machine licensee in this state, the department division may
 4588  exclude any person from any facility of a slot machine licensee
 4589  in this state for conduct that would constitute, if the person
 4590  were a licensee, a violation of this chapter or the rules of the
 4591  department division. The department division may exclude from
 4592  any facility of a slot machine licensee any person who has been
 4593  ejected from a facility of a slot machine licensee in this state
 4594  or who has been excluded from any facility of a slot machine
 4595  licensee or gaming facility in another state by the governmental
 4596  department, agency, commission, or authority exercising
 4597  regulatory jurisdiction over the gaming in such other state.
 4598  This section does not abrogate the common law right of a slot
 4599  machine licensee to exclude a patron absolutely in this state.
 4600         Section 63. Subsections (3) and (5) of section 551.114,
 4601  Florida Statutes, are amended to read:
 4602         551.114 Slot machine gaming areas.—
 4603         (3) The department division shall require the posting of
 4604  signs warning of the risks and dangers of gambling, showing the
 4605  odds of winning, and informing patrons of the toll-free
 4606  telephone number available to provide information and referral
 4607  services regarding compulsive or problem gambling.
 4608         (5) The permitholder shall provide adequate office space at
 4609  no cost to the department division and the Department of Law
 4610  Enforcement for the oversight of slot machine operations. The
 4611  department division shall adopt rules establishing the criteria
 4612  for adequate space, configuration, and location and needed
 4613  electronic and technological requirements for office space
 4614  required by this subsection.
 4615         Section 64. Section 551.117, Florida Statutes, is amended
 4616  to read:
 4617         551.117 Penalties.—The department division may revoke or
 4618  suspend any slot machine license issued under this chapter upon
 4619  the willful violation by the slot machine licensee of any
 4620  provision of this chapter or of any rule adopted under this
 4621  chapter. In lieu of suspending or revoking a slot machine
 4622  license, the department division may impose a civil penalty
 4623  against the slot machine licensee for a violation of this
 4624  chapter or any rule adopted by the department division. Except
 4625  as otherwise provided in this chapter, the penalty so imposed
 4626  may not exceed $100,000 for each count or separate offense. All
 4627  penalties imposed and collected must be deposited into the Pari
 4628  mutuel Wagering Trust Fund of the Department of Business and
 4629  Professional Regulation.
 4630         Section 65. Section 551.118, Florida Statutes, is amended
 4631  to read:
 4632         551.118 Compulsive or addictive gambling prevention
 4633  program.—
 4634         (1) The slot machine licensee shall offer training to
 4635  employees on responsible gaming and shall work with a compulsive
 4636  or addictive gambling prevention program to recognize problem
 4637  gaming situations and to implement responsible gaming programs
 4638  and practices.
 4639         (2) The department division shall, subject to competitive
 4640  bidding, contract for provision of services related to the
 4641  prevention of compulsive and addictive gambling. The contract
 4642  shall provide for an advertising program to encourage
 4643  responsible gaming practices and to publicize a gambling
 4644  telephone help line. Such advertisements must be made both
 4645  publicly and inside the designated slot machine gaming areas of
 4646  the licensee’s facilities. The terms of any contract for the
 4647  provision of such services shall include accountability
 4648  standards that must be met by any private provider. The failure
 4649  of any private provider to meet any material terms of the
 4650  contract, including the accountability standards, shall
 4651  constitute a breach of contract or grounds for nonrenewal. The
 4652  department division may consult with the Department of the
 4653  Lottery in the development of the program and the development
 4654  and analysis of any procurement for contractual services for the
 4655  compulsive or addictive gambling prevention program.
 4656         (3) The compulsive or addictive gambling prevention program
 4657  shall be funded from an annual nonrefundable regulatory fee of
 4658  $250,000 paid by the licensee to the department division.
 4659         Section 66. Paragraph (c) of subsection (4) of section
 4660  551.121, Florida Statutes, is amended to read:
 4661         551.121 Prohibited activities and devices; exceptions.—
 4662         (4)
 4663         (c) Outside the designated slot machine gaming areas, a
 4664  slot machine licensee or operator may accept or cash a check for
 4665  an employee of the facility who is prohibited from wagering on a
 4666  slot machine under s. 551.108(5), a check made directly payable
 4667  to a person licensed by the department division, or a check made
 4668  directly payable to the slot machine licensee or operator from:
 4669         1. A pari-mutuel patron; or
 4670         2. A pari-mutuel facility in this state or in another
 4671  state.
 4672         Section 67. Section 551.122, Florida Statutes, is amended
 4673  to read:
 4674         551.122 Rulemaking.—The department division may adopt rules
 4675  pursuant to ss. 120.536(1) and 120.54 to administer the
 4676  provisions of this chapter.
 4677         Section 68. Section 551.123, Florida Statutes, is amended
 4678  to read:
 4679         551.123 Legislative authority; administration of chapter.
 4680  The Legislature finds and declares that it has exclusive
 4681  authority over the conduct of all wagering occurring at a slot
 4682  machine facility in this state. As provided by law, only the
 4683  department Division of Pari-mutuel Wagering and other authorized
 4684  state agencies shall administer this chapter and regulate the
 4685  slot machine gaming industry, including operation of slot
 4686  machine facilities, games, slot machines, and facilities-based
 4687  computer systems authorized in this chapter and the rules
 4688  adopted by the department division.
 4689         Section 69. Subsection (5) of section 565.02, Florida
 4690  Statutes, is amended to read:
 4691         565.02 License fees; vendors; clubs; caterers; and others.—
 4692         (5) A caterer at a horse or dog racetrack or jai alai
 4693  fronton may obtain a license upon the payment of an annual state
 4694  license tax of $675. Such caterer’s license shall permit sales
 4695  only within the enclosure in which such races or jai alai games
 4696  are conducted, and such licensee shall be permitted to sell only
 4697  during the period beginning 10 days before and ending 10 days
 4698  after racing or jai alai under the authority of the Division of
 4699  Pari-mutuel Wagering of the Department of Gaming Control
 4700  Business and Professional Regulation is conducted at such
 4701  racetrack or jai alai fronton. Except as otherwise provided in
 4702  this subsection otherwise provided, caterers licensed hereunder
 4703  shall be treated as vendors licensed to sell by the drink the
 4704  beverages mentioned herein and shall be subject to all the
 4705  provisions hereof relating to such vendors.
 4706         Section 70. Section 616.09, Florida Statutes, is amended to
 4707  read:
 4708         616.09 Not authorized to carry on gambling, etc.;
 4709  forfeiture of charter for violations; annulment proceedings.
 4710  Nothing in This chapter does not shall be held or construed to
 4711  authorize or permit any fair association to carry on, conduct,
 4712  supervise, permit, or suffer any gambling or game of chance,
 4713  lottery, betting, or other act in violation of the criminal laws
 4714  of the state; and nothing in this chapter does not shall permit
 4715  horseracing or dogracing or any other pari-mutuel wagering, for
 4716  money or upon which money is placed. Any fair association that
 4717  which violates any such law or that which knowingly permits the
 4718  violation of any such law is subject to forfeiture of its
 4719  charter; and if any citizen complains to the Department of Legal
 4720  Affairs or the Department of Gaming Control that the association
 4721  was organized for or is being used as a cover to evade any of
 4722  the laws of Florida against crime, and submits prima facie
 4723  evidence to sustain the charge, the Department of Gaming Control
 4724  Legal Affairs shall institute, and in due time prosecute to
 4725  final judgment, such proceedings as may be necessary to annul
 4726  the charter and incorporation of the association. A writ of
 4727  injunction or other extraordinary process shall be issued by a
 4728  court of competent jurisdiction on the application of the
 4729  Department of Gaming Control Legal Affairs on complaint pending
 4730  the annulment proceeding and in aid thereof, and the case shall
 4731  be given precedence over all civil cases pending in that court
 4732  and shall be heard and disposed of with as little delay as
 4733  practicable.
 4734         Section 71. Subsection (9) of section 616.241, Florida
 4735  Statutes, is amended to read:
 4736         616.241 Trade standards for operation at public fairs and
 4737  expositions.—Trade standards for the operation of shows or games
 4738  in connection with public fairs and expositions are as follows:
 4739         (9) VIOLATIONS; REPORTING.—Florida law forbids lotteries,
 4740  gambling, raffles, and other games of chance at community,
 4741  county, district, state, regional, or interstate fairs and
 4742  specialized shows. Enforcement is the responsibility of the
 4743  Department of Gaming Control, local boards, and authorities.
 4744         Section 72. Section 817.37, Florida Statutes, is amended to
 4745  read:
 4746         817.37 Touting; defining; providing punishment; ejection
 4747  from racetracks.—
 4748         (1) Any person who knowingly and designedly by false
 4749  representation attempts to, or does persuade, procure, or cause
 4750  another person to wager on a horse in a race to be run in this
 4751  state or elsewhere, and upon which money is wagered in this
 4752  state, and who asks or demands compensation as a reward for
 4753  information or purported information given in such case is a
 4754  tout, and commits is guilty of touting.
 4755         (2) Any person who is a tout, or who attempts or conspires
 4756  to commit touting, commits shall be guilty of a misdemeanor of
 4757  the second degree, punishable as provided in s. 775.082 or s.
 4758  775.083.
 4759         (3) Any person who in the commission of touting falsely
 4760  uses the name of any official of the Department of Gaming
 4761  Control Florida Division of Pari-mutuel Wagering, its inspectors
 4762  or attaches, or of any official of any racetrack association, or
 4763  the names of any owner, trainer, jockey, or other person
 4764  licensed by the Department of Gaming Control Florida Division of
 4765  Pari-mutuel Wagering, as the source of any information or
 4766  purported information commits shall be guilty of a felony of the
 4767  third degree, punishable as provided in s. 775.082, s. 775.083,
 4768  or s. 775.084.
 4769         (4) Any person who has been convicted of touting by any
 4770  court, and the record of whose conviction on such charge is on
 4771  file in the office of the Department of Gaming Control Florida
 4772  Division of Pari-mutuel Wagering, any court of this state, or of
 4773  the Federal Bureau of Investigation, or any person who has been
 4774  ejected from any racetrack of this or any other state for
 4775  touting or practices inimical to the public interest shall be
 4776  excluded from all racetracks in this state and if such person
 4777  returns to a racetrack he or she commits shall be guilty of a
 4778  misdemeanor of the second degree, punishable as provided in s.
 4779  775.082 or s. 775.083. Any such person who refuses to leave such
 4780  track when ordered to do so by inspectors of the Department of
 4781  Gaming Control Florida Division of Pari-mutuel Wagering or by
 4782  any peace officer, or by an accredited attache of a racetrack or
 4783  association commits shall be guilty of a separate offense that
 4784  which shall be a misdemeanor of the second degree, punishable as
 4785  provided in s. 775.083.
 4786         Section 73. Section 849.086, Florida Statutes, is amended
 4787  to read:
 4788         849.086 Cardrooms authorized.—
 4789         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 4790  to provide additional entertainment choices for the residents of
 4791  and visitors to the state, promote tourism in the state, and
 4792  provide additional state revenues through the authorization of
 4793  the playing of certain games in the state at facilities known as
 4794  cardrooms which are to be located at licensed pari-mutuel
 4795  facilities. To ensure the public confidence in the integrity of
 4796  authorized cardroom operations, this act is designed to strictly
 4797  regulate the facilities, persons, and procedures related to
 4798  cardroom operations. Furthermore, the Legislature finds that
 4799  authorized games as herein defined are considered to be pari
 4800  mutuel style games and not casino gaming because the
 4801  participants play against each other instead of against the
 4802  house.
 4803         (2) DEFINITIONS.—As used in this section:
 4804         (a) “Authorized game” means a game or series of games of
 4805  poker or dominoes which are played in a nonbanking manner.
 4806         (b) “Banking game” means a game in which the house is a
 4807  participant in the game, taking on players, paying winners, and
 4808  collecting from losers or in which the cardroom establishes a
 4809  bank against which participants play.
 4810         (c) “Cardroom” means a facility where authorized games are
 4811  played for money or anything of value and to which the public is
 4812  invited to participate in such games and charged a fee for
 4813  participation by the operator of such facility. Authorized games
 4814  and cardrooms do not constitute casino gaming operations.
 4815         (d) “Cardroom management company” means any individual not
 4816  an employee of the cardroom operator, any proprietorship,
 4817  partnership, corporation, or other entity that enters into an
 4818  agreement with a cardroom operator to manage, operate, or
 4819  otherwise control the daily operation of a cardroom.
 4820         (e) “Cardroom distributor” means any business that
 4821  distributes cardroom paraphernalia such as card tables, betting
 4822  chips, chip holders, dominoes, dominoes tables, drop boxes,
 4823  banking supplies, playing cards, card shufflers, and other
 4824  associated equipment to authorized cardrooms.
 4825         (f) “Cardroom operator” means a licensed pari-mutuel
 4826  permitholder that which holds a valid permit and license issued
 4827  by the department division pursuant to chapter 550 and that
 4828  which also holds a valid cardroom license issued by the
 4829  department division pursuant to this section which authorizes
 4830  such person to operate a cardroom and to conduct authorized
 4831  games in such cardroom.
 4832         (g) “Department” “Division” means the Division of Pari
 4833  mutuel Wagering of the Department of Gaming Control Business and
 4834  Professional Regulation.
 4835         (h) “Dominoes” means a game of dominoes typically played
 4836  with a set of 28 flat rectangular blocks, called “bones,” which
 4837  are marked on one side and divided into two equal parts, with
 4838  zero to six dots, called “pips,” in each part. The term also
 4839  includes larger sets of blocks that contain a correspondingly
 4840  higher number of pips. The term also means the set of blocks
 4841  used to play the game.
 4842         (i) “Gross receipts” means the total amount of money
 4843  received by a cardroom from any person for participation in
 4844  authorized games.
 4845         (j) “House” means the cardroom operator and all employees
 4846  of the cardroom operator.
 4847         (k) “Net proceeds” means the total amount of gross receipts
 4848  received by a cardroom operator from cardroom operations less
 4849  direct operating expenses related to cardroom operations,
 4850  including labor costs, admission taxes only if a separate
 4851  admission fee is charged for entry to the cardroom facility,
 4852  gross receipts taxes imposed on cardroom operators by this
 4853  section, the annual cardroom license fees imposed by this
 4854  section on each table operated at a cardroom, and reasonable
 4855  promotional costs excluding officer and director compensation,
 4856  interest on capital debt, legal fees, real estate taxes, bad
 4857  debts, contributions or donations, or overhead and depreciation
 4858  expenses not directly related to the operation of the cardrooms.
 4859         (l) “Rake” means a set fee or percentage of the pot
 4860  assessed by a cardroom operator for providing the services of a
 4861  dealer, table, or location for playing the authorized game.
 4862         (m) “Tournament” means a series of games that have more
 4863  than one betting round involving one or more tables and where
 4864  the winners or others receive a prize or cash award.
 4865         (3) CARDROOM AUTHORIZED.—Notwithstanding any other
 4866  provision of law, it is not a crime for a person to participate
 4867  in an authorized game at a licensed cardroom or to operate a
 4868  cardroom described in this section if such game and cardroom
 4869  operation are conducted strictly in accordance with the
 4870  provisions of this section.
 4871         (4) AUTHORITY OF DEPARTMENT DIVISION.—The department
 4872  Division of Pari-mutuel Wagering of the Department of Business
 4873  and Professional Regulation shall administer this section and
 4874  regulate the operation of cardrooms under this section and the
 4875  rules adopted pursuant thereto, and is hereby authorized to:
 4876         (a) Adopt rules, including, but not limited to: the
 4877  issuance of cardroom and employee licenses for cardroom
 4878  operations; the operation of a cardroom; recordkeeping and
 4879  reporting requirements; and the collection of all fees and taxes
 4880  imposed by this section.
 4881         (b) Conduct investigations and monitor the operation of
 4882  cardrooms and the playing of authorized games therein.
 4883         (c) Review the books, accounts, and records of any current
 4884  or former cardroom operator.
 4885         (d) Suspend or revoke any license or permit, after hearing,
 4886  for any violation of the provisions of this section or the
 4887  administrative rules adopted pursuant thereto.
 4888         (e) Take testimony, issue summons and subpoenas for any
 4889  witness, and issue subpoenas duces tecum in connection with any
 4890  matter within its jurisdiction.
 4891         (f) Monitor and ensure the proper collection of taxes and
 4892  fees imposed by this section. Permitholder internal controls are
 4893  mandated to ensure no compromise of state funds. To that end, a
 4894  roaming department division auditor will monitor and verify the
 4895  cash flow and accounting of cardroom revenue for any given
 4896  operating day.
 4897         (5) LICENSE REQUIRED; APPLICATION; FEES.—A No person may
 4898  not operate a cardroom in this state unless such person holds a
 4899  valid cardroom license issued pursuant to this section.
 4900         (a) Only those persons holding a valid cardroom license
 4901  issued by the department division may operate a cardroom. A
 4902  cardroom license may only be issued only to a licensed pari
 4903  mutuel permitholder and an authorized cardroom may only be
 4904  operated only at the same facility at which the permitholder is
 4905  authorized under its valid pari-mutuel wagering permit to
 4906  conduct pari-mutuel wagering activities. An initial cardroom
 4907  license shall be issued to a pari-mutuel permitholder only after
 4908  its facilities are in place and after it conducts its first day
 4909  of live racing or games.
 4910         (b) After the initial cardroom license is granted, the
 4911  application for the annual license renewal shall be made in
 4912  conjunction with the applicant’s annual application for its
 4913  pari-mutuel license. If a permitholder has operated a cardroom
 4914  during any of the 3 previous fiscal years and fails to include a
 4915  renewal request for the operation of the cardroom in its annual
 4916  application for license renewal, the permitholder may amend its
 4917  annual application to include operation of the cardroom. In
 4918  order for a cardroom license to be renewed the applicant must
 4919  have requested, as part of its pari-mutuel annual license
 4920  application, to conduct at least 90 percent of the total number
 4921  of live performances conducted by such permitholder during
 4922  either the state fiscal year in which its initial cardroom
 4923  license was issued or the state fiscal year immediately prior
 4924  thereto if the permitholder ran at least a full schedule of live
 4925  racing or games in the prior year. If the application is for a
 4926  harness permitholder cardroom, the applicant must have requested
 4927  authorization to conduct a minimum of 140 live performances
 4928  during the state fiscal year immediately prior thereto. If more
 4929  than one permitholder is operating at a facility, each
 4930  permitholder must have applied for a license to conduct a full
 4931  schedule of live racing.
 4932         (c) Persons seeking a license or a renewal thereof to
 4933  operate a cardroom shall make application on forms prescribed by
 4934  the department division. Applications for cardroom licenses
 4935  shall contain all of the information the department division, by
 4936  rule, may determine is required to ensure eligibility.
 4937         (d) The annual cardroom license fee for each facility shall
 4938  be $1,000 for each table to be operated at the cardroom. The
 4939  license fee shall be deposited by the department division with
 4940  the Chief Financial Officer to the credit of the Pari-mutuel
 4941  Wagering Trust Fund.
 4942         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 4943  APPLICATION; FEES.—
 4944         (a) A person employed or otherwise working in a cardroom as
 4945  a cardroom manager, floor supervisor, pit boss, dealer, or any
 4946  other activity related to cardroom operations while the facility
 4947  is conducting card playing or games of dominoes must hold a
 4948  valid cardroom employee occupational license issued by the
 4949  department division. Food service, maintenance, and security
 4950  employees with a current pari-mutuel occupational license and a
 4951  current background check will not be required to have a cardroom
 4952  employee occupational license.
 4953         (b) Any cardroom management company or cardroom distributor
 4954  associated with cardroom operations must hold a valid cardroom
 4955  business occupational license issued by the department division.
 4956         (c) A No licensed cardroom operator may not employ or allow
 4957  to work in a cardroom any person unless such person holds a
 4958  valid occupational license. A No licensed cardroom operator may
 4959  not contract, or otherwise do business with, a business required
 4960  to hold a valid cardroom business occupational license, unless
 4961  the business holds such a valid license.
 4962         (d) The department division shall establish, by rule, a
 4963  schedule for the renewal of cardroom occupational licenses.
 4964  Cardroom occupational licenses are not transferable.
 4965         (e) Persons seeking cardroom occupational licenses, or
 4966  renewal thereof, shall make application on forms prescribed by
 4967  the department division. Applications for cardroom occupational
 4968  licenses shall contain all of the information the department
 4969  division, by rule, may determine is required to ensure
 4970  eligibility.
 4971         (f) The department division shall adopt rules regarding
 4972  cardroom occupational licenses. The provisions specified in s.
 4973  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 4974  shall be applicable to cardroom occupational licenses.
 4975         (g) The department division may deny, declare ineligible,
 4976  or revoke any cardroom occupational license if the applicant or
 4977  holder thereof has been found guilty or had adjudication
 4978  withheld in this state or any other state, or under the laws of
 4979  the United States of a felony or misdemeanor involving forgery,
 4980  larceny, extortion, conspiracy to defraud, or filing false
 4981  reports to a government agency, racing or gaming commission or
 4982  authority.
 4983         (h) Fingerprints for all cardroom occupational license
 4984  applications shall be taken in a manner approved by the
 4985  department division and then shall be submitted to the Florida
 4986  Department of Law Enforcement and the Federal Bureau of
 4987  Investigation for a criminal records check upon initial
 4988  application and at least every 5 years thereafter. The
 4989  department division may by rule require an annual record check
 4990  of all renewal applications for a cardroom occupational license.
 4991  The cost of processing fingerprints and conducting a record
 4992  check shall be borne by the applicant.
 4993         (i) The cardroom employee occupational license fee may
 4994  shall not exceed $50 for any 12-month period. The cardroom
 4995  business occupational license fee may shall not exceed $250 for
 4996  any 12-month period.
 4997         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 4998         (a) A cardroom may be operated only at the location
 4999  specified on the cardroom license issued by the department
 5000  division, and such location may only be the location at which
 5001  the pari-mutuel permitholder is authorized to conduct pari
 5002  mutuel wagering activities pursuant to such permitholder’s valid
 5003  pari-mutuel permit or as otherwise authorized by law. Cardroom
 5004  operations may not be allowed beyond the hours provided in
 5005  paragraph (b) regardless of the number of cardroom licenses
 5006  issued for permitholders operating at the pari-mutuel facility.
 5007         (b) Any cardroom operator may operate a cardroom at the
 5008  pari-mutuel facility daily throughout the year, if the
 5009  permitholder meets the requirements under paragraph (5)(b). The
 5010  cardroom may be open a cumulative amount of 18 hours per day on
 5011  Monday through Friday and 24 hours per day on Saturday and
 5012  Sunday and on the holidays specified in s. 110.117(1).
 5013         (c) A cardroom operator must at all times employ and
 5014  provide a nonplaying dealer for each table on which authorized
 5015  card games that which traditionally use a dealer are conducted
 5016  at the cardroom. Such dealers may not have a participatory
 5017  interest in any game other than the dealing of cards and may not
 5018  have an interest in the outcome of the game. The providing of
 5019  such dealers by a licensee does not constitute the conducting of
 5020  a banking game by the cardroom operator.
 5021         (d) A cardroom operator may award giveaways, jackpots, and
 5022  prizes to a player who holds certain combinations of cards
 5023  specified by the cardroom operator.
 5024         (e) Each cardroom operator shall conspicuously post upon
 5025  the premises of the cardroom a notice that which contains a copy
 5026  of the cardroom license; a list of authorized games offered by
 5027  the cardroom; the wagering limits imposed by the house, if any;
 5028  any additional house rules regarding operation of the cardroom
 5029  or the playing of any game; and all costs to players to
 5030  participate, including any rake by the house. In addition, each
 5031  cardroom operator shall post at each table a notice of the
 5032  minimum and maximum bets authorized at such table and the fee
 5033  for participation in the game conducted.
 5034         (f) The cardroom facility is subject to inspection by the
 5035  department division or any law enforcement agency during the
 5036  licensee’s regular business hours. The inspection must
 5037  specifically include the permitholder internal control
 5038  procedures approved by the department division.
 5039         (g) A cardroom operator may refuse entry to or refuse to
 5040  allow any person who is objectionable, undesirable, or
 5041  disruptive to play, but such refusal may not be on the basis of
 5042  race, creed, color, religion, gender, national origin, marital
 5043  status, physical handicap, or age, except as provided in this
 5044  section.
 5045         (8) METHOD OF WAGERS; LIMITATION.—
 5046         (a) No Wagering may not be conducted using money or other
 5047  negotiable currency. Games may only be played utilizing a
 5048  wagering system whereby all players’ money is first converted by
 5049  the house to tokens or chips that which shall be used for
 5050  wagering only at that specific cardroom.
 5051         (b) The cardroom operator may limit the amount wagered in
 5052  any game or series of games.
 5053         (c) A tournament shall consist of a series of games. The
 5054  entry fee for a tournament may be set by the cardroom operator.
 5055  Tournaments may be played only with tournament chips that are
 5056  provided to all participants in exchange for an entry fee and
 5057  any subsequent re-buys. All players must receive an equal number
 5058  of tournament chips for their entry fee. Tournament chips have
 5059  no cash value and represent tournament points only. There is no
 5060  limitation on the number of tournament chips that may be used
 5061  for a bet except as otherwise determined by the cardroom
 5062  operator. Tournament chips may never be redeemed for cash or for
 5063  any other thing of value. The distribution of prizes and cash
 5064  awards must be determined by the cardroom operator before entry
 5065  fees are accepted. For purposes of tournament play only, the
 5066  term “gross receipts” means the total amount received by the
 5067  cardroom operator for all entry fees, player re-buys, and fees
 5068  for participating in the tournament less the total amount paid
 5069  to the winners or others as prizes.
 5070         (9) BOND REQUIRED.—The holder of a cardroom license shall
 5071  be financially and otherwise responsible for the operation of
 5072  the cardroom and for the conduct of any manager, dealer, or
 5073  other employee involved in the operation of the cardroom. Prior
 5074  to the issuance of a cardroom license, each applicant for such
 5075  license shall provide evidence of a surety bond in the amount of
 5076  $50,000, payable to the state, furnished by a corporate surety
 5077  authorized to do business in the state or evidence that the
 5078  licensee’s pari-mutuel bond required by s. 550.125 has been
 5079  expanded to include the applicant’s cardroom operation. The bond
 5080  shall guarantee that the cardroom operator will redeem, for
 5081  cash, all tokens or chips used in games. Such bond shall be kept
 5082  in full force and effect by the operator during the term of the
 5083  license.
 5084         (10) FEE FOR PARTICIPATION.—The cardroom operator may
 5085  charge a fee for the right to participate in games conducted at
 5086  the cardroom. Such fee may be either a flat fee or hourly rate
 5087  for the use of a seat at a table or a rake subject to the posted
 5088  maximum amount but may not be based on the amount won by
 5089  players. The rake-off, if any, must be made in an obvious manner
 5090  and placed in a designated rake area that which is clearly
 5091  visible to all players. Notice of the amount of the
 5092  participation fee charged shall be posted in a conspicuous place
 5093  in the cardroom and at each table at all times.
 5094         (11) RECORDS AND REPORTS.—
 5095         (a) Each licensee operating a cardroom shall keep and
 5096  maintain permanent daily records of its cardroom operation and
 5097  shall maintain such records for a period of not less than 3
 5098  years. These records shall include all financial transactions
 5099  and contain sufficient detail to determine compliance with the
 5100  requirements of this section. All records shall be available for
 5101  audit and inspection by the department division or other law
 5102  enforcement agencies during the licensee’s regular business
 5103  hours. The information required in such records shall be
 5104  determined by department division rule.
 5105         (b) Each licensee operating a cardroom shall file with the
 5106  department division a report containing the required records of
 5107  such cardroom operation. Such report shall be filed monthly by
 5108  licensees. The required reports shall be submitted on forms
 5109  prescribed by the department division and shall be due at the
 5110  same time as the monthly pari-mutuel reports are due to the
 5111  department division, and such reports shall contain any
 5112  additional information deemed necessary by the department
 5113  division, and the reports shall be deemed public records once
 5114  filed.
 5115         (12) PROHIBITED ACTIVITIES.—
 5116         (a) A No person licensed to operate a cardroom may not
 5117  conduct any banking game or any game not specifically authorized
 5118  by this section.
 5119         (b) A No person under 18 years of age may not be permitted
 5120  to hold a cardroom or employee license, or engage in any game
 5121  conducted therein.
 5122         (c) With the exception of mechanical card shufflers, an No
 5123  electronic or mechanical device devices, except mechanical card
 5124  shufflers, may not be used to conduct any authorized game in a
 5125  cardroom.
 5126         (d) No Cards, game components, or game implements may not
 5127  be used in playing an authorized game unless such has been
 5128  furnished or provided to the players by the cardroom operator.
 5129         (13) TAXES AND OTHER PAYMENTS.—
 5130         (a) Each cardroom operator shall pay a tax to the state of
 5131  10 percent of the cardroom operation’s monthly gross receipts.
 5132         (b) An admission tax equal to 15 percent of the admission
 5133  charge for entrance to the licensee’s cardroom facility, or 10
 5134  cents, whichever is greater, is imposed on each person entering
 5135  the cardroom. This admission tax applies shall apply only if a
 5136  separate admission fee is charged for entry to the cardroom
 5137  facility. If a single admission fee is charged which authorizes
 5138  entry to both or either the pari-mutuel facility and the
 5139  cardroom facility, the admission tax shall be payable only once
 5140  and shall be payable pursuant to chapter 550. The cardroom
 5141  licensee is shall be responsible for collecting the admission
 5142  tax. An admission tax is imposed on any free passes or
 5143  complimentary cards issued to guests by licensees in an amount
 5144  equal to the tax imposed on the regular and usual admission
 5145  charge for entrance to the licensee’s cardroom facility. A
 5146  cardroom licensee may issue tax-free passes to its officers,
 5147  officials, and employees or other persons actually engaged in
 5148  working at the cardroom, including accredited press
 5149  representatives such as reporters and editors, and may also
 5150  issue tax-free passes to other cardroom licensees for the use of
 5151  their officers and officials. The licensee shall file with the
 5152  department division a list of all persons to whom tax-free
 5153  passes are issued.
 5154         (c) Payment of the admission tax and gross receipts tax
 5155  imposed by this section shall be paid to the department
 5156  division. The department division shall deposit these sums with
 5157  the Chief Financial Officer, one-half being credited to the
 5158  Pari-mutuel Wagering Trust Fund and one-half being credited to
 5159  the General Revenue Fund. The cardroom licensee shall remit to
 5160  the department division payment for the admission tax, the gross
 5161  receipts tax, and the licensee fees. Such payments shall be
 5162  remitted to the department division on the fifth day of each
 5163  calendar month for taxes and fees imposed for the preceding
 5164  month’s cardroom activities. Licensees shall file a report under
 5165  oath by the fifth day of each calendar month for all taxes
 5166  remitted during the preceding calendar month. Such report shall,
 5167  under oath, indicate the total of all admissions, the cardroom
 5168  activities for the preceding calendar month, and such other
 5169  information as may be prescribed by the department division.
 5170         (d)1. Each greyhound and jai alai permitholder that
 5171  operates a cardroom facility shall use at least 4 percent of
 5172  such permitholder’s cardroom monthly gross receipts to
 5173  supplement greyhound purses or jai alai prize money,
 5174  respectively, during the permitholder’s next ensuing pari-mutuel
 5175  meet.
 5176         2. Each thoroughbred and harness horse racing permitholder
 5177  that operates a cardroom facility shall use at least 50 percent
 5178  of such permitholder’s cardroom monthly net proceeds as follows:
 5179  47 percent to supplement purses and 3 percent to supplement
 5180  breeders’ awards during the permitholder’s next ensuing racing
 5181  meet.
 5182         3. No cardroom license or renewal thereof shall be issued
 5183  to an applicant holding a permit under chapter 550 to conduct
 5184  pari-mutuel wagering meets of quarter horse racing unless the
 5185  applicant has on file with the department division a binding
 5186  written agreement between the applicant and the Florida Quarter
 5187  Horse Racing Association or the association representing a
 5188  majority of the horse owners and trainers at the applicant’s
 5189  eligible facility, governing the payment of purses on live
 5190  quarter horse races conducted at the licensee’s pari-mutuel
 5191  facility. The agreement governing purses may direct the payment
 5192  of such purses from revenues generated by any wagering or gaming
 5193  the applicant is authorized to conduct under Florida law. All
 5194  purses shall be subject to the terms of chapter 550.
 5195         (e) The failure of any licensee to make payments as
 5196  prescribed in paragraph (c) is a violation of this section, and
 5197  the licensee may be subjected by the department division to a
 5198  civil penalty of up to $1,000 for each day the tax payment is
 5199  not remitted. All penalties imposed and collected shall be
 5200  deposited in the General Revenue Fund. If a licensee fails to
 5201  pay penalties imposed by order of the department division under
 5202  this subsection, the department division may suspend or revoke
 5203  the license of the cardroom operator or deny issuance of any
 5204  further license to the cardroom operator.
 5205         (f) The cardroom shall be deemed an accessory use to a
 5206  licensed pari-mutuel operation and, except as provided in
 5207  chapter 550, a municipality, county, or political subdivision
 5208  may not assess or collect any additional license tax, sales tax,
 5209  or excise tax on such cardroom operation.
 5210         (g) All of the moneys deposited in the Pari-mutuel Wagering
 5211  Trust Fund, except as set forth in paragraph (h), shall be
 5212  utilized and distributed in the manner specified in s.
 5213  550.135(1) and (2). However, cardroom tax revenues shall be kept
 5214  separate from pari-mutuel tax revenues and may shall not be used
 5215  for making the disbursement to counties provided in former s.
 5216  550.135(1).
 5217         (h) One-quarter of the moneys deposited into the Pari
 5218  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 5219  October 1 of each year, be distributed to the local government
 5220  that approved the cardroom under subsection (16); however, if
 5221  two or more pari-mutuel racetracks are located within the same
 5222  incorporated municipality, the cardroom funds shall be
 5223  distributed to the municipality. If a pari-mutuel facility is
 5224  situated in such a manner that it is located in more than one
 5225  county, the site of the cardroom facility shall determine the
 5226  location for purposes of disbursement of tax revenues under this
 5227  paragraph. The department division shall, by September 1 of each
 5228  year, determine: the amount of taxes deposited into the Pari
 5229  mutuel Wagering Trust Fund pursuant to this section from each
 5230  cardroom licensee; the location by county of each cardroom;
 5231  whether the cardroom is located in the unincorporated area of
 5232  the county or within an incorporated municipality; and, the
 5233  total amount to be distributed to each eligible county and
 5234  municipality.
 5235         (14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.—
 5236         (a) The department division may deny a license or the
 5237  renewal thereof, or may suspend or revoke any license, when the
 5238  applicant has: violated or failed to comply with the provisions
 5239  of this section or any rules adopted pursuant thereto; knowingly
 5240  caused, aided, abetted, or conspired with another to cause any
 5241  person to violate this section or any rules adopted pursuant
 5242  thereto; or obtained a license or permit by fraud,
 5243  misrepresentation, or concealment; or if the holder of such
 5244  license or permit is no longer eligible under this section.
 5245         (b) If a pari-mutuel permitholder’s pari-mutuel permit or
 5246  license is suspended or revoked by the department division
 5247  pursuant to chapter 550, the department division may, but is not
 5248  required to, suspend or revoke such permitholder’s cardroom
 5249  license. If a cardroom operator’s license is suspended or
 5250  revoked pursuant to this section, the department division may,
 5251  but is not required to, suspend or revoke such licensee’s pari
 5252  mutuel permit or license.
 5253         (c) Notwithstanding any other provision of this section,
 5254  the department division may impose an administrative fine not to
 5255  exceed $1,000 for each violation against any person who has
 5256  violated or failed to comply with the provisions of this section
 5257  or any rules adopted pursuant thereto.
 5258         (15) CRIMINAL PENALTY; INJUNCTION.—
 5259         (a)1. Any person who operates a cardroom without a valid
 5260  license issued as provided in this section commits a felony of
 5261  the third degree, punishable as provided in s. 775.082, s.
 5262  775.083, or s. 775.084.
 5263         2. Any licensee or permitholder who violates any provision
 5264  of this section commits a misdemeanor of the first degree,
 5265  punishable as provided in s. 775.082 or s. 775.083. Any licensee
 5266  or permitholder who commits a second or subsequent violation of
 5267  the same paragraph or subsection within a period of 3 years from
 5268  the date of a prior conviction for a violation of such paragraph
 5269  or subsection commits a felony of the third degree, punishable
 5270  as provided in s. 775.082, s. 775.083, or s. 775.084.
 5271         (b) The department division, any state attorney, the
 5272  statewide prosecutor, or the Attorney General may apply for a
 5273  temporary or permanent injunction restraining further violation
 5274  of this section, and such injunction shall issue without bond.
 5275         (16) LOCAL GOVERNMENT APPROVAL.—The department may Division
 5276  of Pari-mutuel Wagering shall not issue any initial license
 5277  under this section except upon proof in such form as the
 5278  department division may prescribe that the local government
 5279  where the applicant for such license desires to conduct cardroom
 5280  gaming has voted to approve such activity by a majority vote of
 5281  the governing body of the municipality or the governing body of
 5282  the county if the facility is not located in a municipality.
 5283         (17) CHANGE OF LOCATION; REFERENDUM.—
 5284         (a) Notwithstanding any provisions of this section, no
 5285  cardroom gaming license issued under this section shall be
 5286  transferred, or reissued when such reissuance is in the nature
 5287  of a transfer, so as to permit or authorize a licensee to change
 5288  the location of the cardroom except upon proof in such form as
 5289  the department division may prescribe that a referendum election
 5290  has been held:
 5291         1. If the proposed new location is within the same county
 5292  as the already licensed location, in the county where the
 5293  licensee desires to conduct cardroom gaming and that a majority
 5294  of the electors voting on the question in such election voted in
 5295  favor of the transfer of such license. However, the department
 5296  division shall transfer, without requirement of a referendum
 5297  election, the cardroom license of any permitholder that
 5298  relocated its permit pursuant to s. 550.0555.
 5299         2. If the proposed new location is not within the same
 5300  county as the already licensed location, in the county where the
 5301  licensee desires to conduct cardroom gaming and that a majority
 5302  of the electors voting on that question in each such election
 5303  voted in favor of the transfer of such license.
 5304         (b) The expense of each referendum held under the
 5305  provisions of this subsection shall be borne by the licensee
 5306  requesting the transfer.
 5307         Section 74. Section 849.094, Florida Statutes, is amended
 5308  to read:
 5309         849.094 Game promotion in connection with sale of consumer
 5310  products or services.—
 5311         (1) As used in this section, the term:
 5312         (a) “Department” means the Department of Gaming Control.
 5313         (b)(a) “Game promotion” means, but is not limited to, a
 5314  contest, game of chance, or gift enterprise, conducted within or
 5315  throughout the state and other states in connection with the
 5316  sale of consumer products or services, and in which the elements
 5317  of chance and prize are present. However, the term does not
 5318  “game promotion” shall not be construed to apply to bingo games
 5319  conducted pursuant to s. 849.0931.
 5320         (c)(b) “Operator” means any person, firm, corporation, or
 5321  association or agent or employee thereof who promotes, operates,
 5322  or conducts a game promotion, except any charitable nonprofit
 5323  organization.
 5324         (2) It is unlawful for any operator:
 5325         (a) To design, engage in, promote, or conduct such a game
 5326  promotion, in connection with the promotion or sale of consumer
 5327  products or services, wherein the winner may be predetermined or
 5328  the game may be manipulated or rigged so as to:
 5329         1. Allocate a winning game or any portion thereof to
 5330  certain lessees, agents, or franchises; or
 5331         2. Allocate a winning game or part thereof to a particular
 5332  period of the game promotion or to a particular geographic area;
 5333         (b) Arbitrarily to remove, disqualify, disallow, or reject
 5334  any entry;
 5335         (c) To fail to award prizes offered;
 5336         (d) To print, publish, or circulate literature or
 5337  advertising material used in connection with such game
 5338  promotions which is false, deceptive, or misleading; or
 5339         (e) To require an entry fee, payment, or proof of purchase
 5340  as a condition of entering a game promotion.
 5341         (3) The operator of a game promotion in which the total
 5342  announced value of the prizes offered is greater than $5,000
 5343  shall file with the Department of Gaming Control Agriculture and
 5344  Consumer Services a copy of the rules and regulations of the
 5345  game promotion and a list of all prizes and prize categories
 5346  offered at least 7 days before the commencement of the game
 5347  promotion. Such rules and regulations may not thereafter be
 5348  changed, modified, or altered. The operator of a game promotion
 5349  shall conspicuously post the rules and regulations of such game
 5350  promotion in each and every retail outlet or place where such
 5351  game promotion may be played or participated in by the public
 5352  and shall also publish the rules and regulations in all
 5353  advertising copy used in connection therewith. However, such
 5354  advertising copy need only include the material terms of the
 5355  rules and regulations if the advertising copy includes a website
 5356  address, a toll-free telephone number, or a mailing address
 5357  where the full rules and regulations may be viewed, heard, or
 5358  obtained for the full duration of the game promotion. Such
 5359  disclosures must be legible. Radio and television announcements
 5360  may indicate that the rules and regulations are available at
 5361  retail outlets or from the operator of the promotion. A
 5362  nonrefundable filing fee of $100 shall accompany each filing and
 5363  shall be used to pay the costs incurred in administering and
 5364  enforcing the provisions of this section.
 5365         (4)(a) Every operator of such a game promotion in which the
 5366  total announced value of the prizes offered is greater than
 5367  $5,000 shall establish a trust account, in a national or state
 5368  chartered financial institution, with a balance sufficient to
 5369  pay or purchase the total value of all prizes offered. On a form
 5370  supplied by the Department of Gaming Control Agriculture and
 5371  Consumer Services, an official of the financial institution
 5372  holding the trust account shall set forth the dollar amount of
 5373  the trust account, the identity of the entity or individual
 5374  establishing the trust account, and the name of the game
 5375  promotion for which the trust account has been established. Such
 5376  form shall be filed with the Department of Gaming Control
 5377  Agriculture and Consumer Services at least 7 days in advance of
 5378  the commencement of the game promotion. In lieu of establishing
 5379  such trust account, the operator may obtain a surety bond in an
 5380  amount equivalent to the total value of all prizes offered; and
 5381  such bond shall be filed with the Department of Gaming Control
 5382  Agriculture and Consumer Services at least 7 days in advance of
 5383  the commencement of the game promotion.
 5384         1. The moneys held in the trust account may be withdrawn in
 5385  order to pay the prizes offered only upon certification to the
 5386  Department of Agriculture and Consumer Services of the name of
 5387  the winner or winners and the amount of the prize or prizes and
 5388  the value thereof.
 5389         2. If the operator of a game promotion has obtained a
 5390  surety bond in lieu of establishing a trust account, the amount
 5391  of the surety bond shall equal at all times the total amount of
 5392  the prizes offered.
 5393         (b) The Department of Gaming Control Agriculture and
 5394  Consumer Services may waive the provisions of this subsection
 5395  for any operator who has conducted game promotions in the state
 5396  for not less than 5 consecutive years and who has not had any
 5397  civil, criminal, or administrative action instituted against him
 5398  or her by the state or an agency of the state for violation of
 5399  this section within that 5-year period. Such waiver may be
 5400  revoked upon the commission of a violation of this section by
 5401  such operator, as determined by the Department of Gaming Control
 5402  Agriculture and Consumer Services.
 5403         (5) Every operator of a game promotion in which the total
 5404  announced value of the prizes offered is greater than $5,000
 5405  shall provide the Department of Gaming Control Agriculture and
 5406  Consumer Services with a certified list of the names and
 5407  addresses of all persons, whether from this state or from
 5408  another state, who have won prizes which have a value of more
 5409  than $25, the value of such prizes, and the dates when the
 5410  prizes were won within 60 days after such winners have been
 5411  finally determined. The operator shall provide a copy of the
 5412  list of winners, without charge, to any person who requests it.
 5413  In lieu of the foregoing, the operator of a game promotion may,
 5414  at his or her option, publish the same information about the
 5415  winners in a Florida newspaper of general circulation within 60
 5416  days after such winners have been determined and shall provide
 5417  to the Department of Gaming Control Agriculture and Consumer
 5418  Services a certified copy of the publication containing the
 5419  information about the winners. The operator of a game promotion
 5420  is not required to notify a winner by mail or by telephone when
 5421  the winner is already in possession of a game card from which
 5422  the winner can determine that he or she has won a designated
 5423  prize. All winning entries shall be held by the operator for a
 5424  period of 90 days after the close or completion of the game.
 5425         (6) The Department of Gaming Control Agriculture and
 5426  Consumer Services shall keep the certified list of winners for a
 5427  period of at least 6 months after receipt of the certified list.
 5428  The department thereafter may dispose of all records and lists.
 5429         (7) No operator shall force, directly or indirectly, a
 5430  lessee, agent, or franchise dealer to purchase or participate in
 5431  any game promotion. For the purpose of this section, coercion or
 5432  force shall be presumed in these circumstances in which a course
 5433  of business extending over a period of 1 year or longer is
 5434  materially changed coincident with a failure or refusal of a
 5435  lessee, agent, or franchise dealer to participate in such game
 5436  promotions. Such force or coercion shall further be presumed
 5437  when an operator advertises generally that game promotions are
 5438  available at its lessee dealers or agent dealers.
 5439         (8)(a) The Department of Gaming Control Agriculture and
 5440  Consumer Services shall have the power to promulgate such rules
 5441  and regulations respecting the operation of game promotions as
 5442  it may deem advisable.
 5443         (b) Whenever the Department of Gaming Control Agriculture
 5444  and Consumer Services or the Department of Legal Affairs has
 5445  reason to believe that a game promotion is being operated in
 5446  violation of this section, it may bring an action in the circuit
 5447  court of any judicial circuit in which the game promotion is
 5448  being operated in the name and on behalf of the people of the
 5449  state against any operator thereof to enjoin the continued
 5450  operation of such game promotion anywhere within the state.
 5451         (9)(a) Any person, firm, or corporation, or association or
 5452  agent or employee thereof, who engages in any acts or practices
 5453  stated in this section to be unlawful, or who violates any of
 5454  the rules and regulations made pursuant to this section, commits
 5455  is guilty of a felony misdemeanor of the third second degree,
 5456  punishable as provided in s. 775.082 or s. 775.083.
 5457         (b) Any person, firm, corporation, association, agent, or
 5458  employee who violates any provision of this section or any of
 5459  the rules and regulations made pursuant to this section shall be
 5460  liable for a civil penalty of not more than $1,000 for each such
 5461  violation, which shall accrue to the state and may be recovered
 5462  in a civil action brought by the Department of Gaming Control
 5463  Agriculture and Consumer Services or the Department of Legal
 5464  Affairs.
 5465         (10) This section does not apply to actions or transactions
 5466  regulated by the Department of Business and Professional
 5467  Regulation or to the activities of nonprofit organizations or to
 5468  any other organization engaged in any enterprise other than the
 5469  sale of consumer products or services. Subsections (3), (4),
 5470  (5), (6), and (7) and paragraph (8)(a) and any of the rules made
 5471  pursuant thereto do not apply to television or radio
 5472  broadcasting companies licensed by the Federal Communications
 5473  Commission.
 5474         Section 75. Section 849.161, Florida Statutes, is amended
 5475  to read:
 5476         849.161 Amusement games or machines; when chapter
 5477  inapplicable.—
 5478         (1)(a)1.Nothing contained in This chapter does not apply
 5479  shall be taken or construed as applicable to an arcade amusement
 5480  center having amusement games or machines that which operate by
 5481  means of the insertion of a coin or other currency and that
 5482  which by application of skill entitles may entitle the person
 5483  playing or operating the game or machine to receive points or
 5484  coupons that which may be exchanged for merchandise, limited to
 5485  prizes, toys, novelties, or Florida Lottery products only,
 5486  excluding cash and alcoholic beverages, if provided the cost
 5487  value of the merchandise or prize awarded in exchange for such
 5488  points or coupons does not exceed 75 cents on any game played.
 5489         (b)2.Nothing contained in This chapter does not apply
 5490  shall be taken or construed as applicable to any retail dealer
 5491  who operates as a truck stop, as defined in chapter 336, and
 5492  which operates a minimum of six 6 functional diesel fuel pumps,
 5493  and has having amusement games or machines that which operate by
 5494  means of the insertion of a coin or other currency and that
 5495  which by application of skill entitles may entitle the person
 5496  playing or operating the game or machine to receive points or
 5497  coupons that which may be exchanged for merchandise limited to
 5498  noncash prizes, toys, novelties, and Florida Lottery products,
 5499  excluding alcoholic beverages, if provided the cost value of the
 5500  merchandise or prize awarded in exchange for such points or
 5501  coupons does not exceed 75 cents on any game played.
 5502         (2)(a) This section subparagraph applies only to games and
 5503  machines that which are operated for the entertainment of the
 5504  general public and tourists as bona fide amusement games or
 5505  machines. This subsection does shall not apply, however, to any
 5506  game or device defined as a gambling device in 15 24 U.S.C. s.
 5507  1171, which requires identification of each device by
 5508  permanently affixing seriatim numbering and name, trade name,
 5509  and date of manufacture under s. 1173, and registration with the
 5510  United States Attorney General, unless excluded from
 5511  applicability of the chapter under s. 1178. This subsection
 5512  shall not be construed to authorize video poker games or any
 5513  other game or machine that may be construed as a gambling device
 5514  under Florida law.
 5515         (b) Nothing in This section does not apply subsection shall
 5516  be taken or construed as applicable to a coin-operated game or
 5517  device designed and manufactured only for bona fide amusement
 5518  purposes which game or device may by application of skill
 5519  entitle the player to replay the game or device at no additional
 5520  cost, if the game or device: can accumulate and react to no more
 5521  than 15 free replays; can be discharged of accumulated free
 5522  replays only by reactivating the game or device for one
 5523  additional play for such accumulated free replay; can make no
 5524  permanent record, directly or indirectly, of free replays; and
 5525  is not classified by the United States as a gambling device in
 5526  15 24 U.S.C. s. 1171, which requires identification of each
 5527  device by permanently affixing seriatim numbering and name,
 5528  trade name, and date of manufacture under s. 1173, and
 5529  registration with the United States Attorney General, unless
 5530  excluded from applicability of the chapter under s. 1178.
 5531         (c) This section does not subsection shall not be construed
 5532  to authorize video poker games, or any other game or machine
 5533  that may be construed as a gambling device under Florida law.
 5534         (3)(2)As used in this section the term:
 5535         (a) “Arcade amusement center” as used in this section means
 5536  a place of business having at least 50 coin-operated amusement
 5537  games or machines on premises which are operated for the
 5538  entertainment of the general public and tourists as a bona fide
 5539  amusement facility.
 5540         (b)“Application of skill” means that the playing public
 5541  may attain, through the exercise of skill or judgment, a better
 5542  measure of success in playing the game than could be
 5543  mathematically expected on the basis of random chance alone.
 5544         (c)“Department” means the Department of Gaming Control.
 5545         (4)The department shall adopt rules necessary to
 5546  implement, administer, and regulate skill-based gaming as
 5547  authorized in this section. Such rules must include:
 5548         (a)Technical requirements, qualifications, and procedures
 5549  necessary to receive a skill-based gaming license.
 5550         (b)Procedures to scientifically test and technically
 5551  evaluate skill-based machines for compliance with this chapter.
 5552  The department may contract with an independent testing
 5553  laboratory to conduct any necessary testing under this section.
 5554  The independent testing laboratory must have a national
 5555  reputation for testing skill-based machines, and be demonstrably
 5556  competent and qualified to scientifically test and evaluate
 5557  skill-based machines for compliance with this chapter and to
 5558  otherwise perform the functions assigned to it in this chapter.
 5559  A licensee may not own or control an independent testing
 5560  laboratory. The use of an independent testing laboratory for any
 5561  purpose related to the conduct of skill-based gaming by a
 5562  licensee under this section shall be made from a list of one or
 5563  more laboratories approved by the division.
 5564         (c)Procedures relating to machine revenues, including
 5565  verifying and accounting for such revenues, auditing, and
 5566  collecting taxes and fees consistent with this section.
 5567         (d)Procedures for regulating, managing, and auditing the
 5568  operation, financial data, and program information relating to
 5569  skill-based machine gaming which allow the department to audit
 5570  the operation, financial data, and program information of a
 5571  skill-based machine licensee, as required by the department, and
 5572  provide the department with the ability to monitor, at any time
 5573  on a real-time basis, wagering patterns, payouts, tax
 5574  collection, and compliance with any rules adopted by the
 5575  department for the regulation and control of machines operated
 5576  under this section.
 5577         (e)Procedures for requiring licensees to maintain
 5578  specified records and submit any data, information, record, or
 5579  report, including financial and income records, required by this
 5580  chapter or determined by the division to be necessary to the
 5581  proper implementation and enforcement of this chapter.
 5582         (f)Minimum standards for security of the facilities.
 5583         (5)The department shall conduct such investigations
 5584  necessary to fulfill its responsibilities under the provisions
 5585  of this section.
 5586         (6)The department and local law enforcement agencies have
 5587  concurrent jurisdiction to investigate criminal violations of
 5588  this chapter and may investigate any other criminal violation of
 5589  law occurring at the facilities of a licensee, and such
 5590  investigations may be conducted in conjunction with the
 5591  appropriate state attorney.
 5592         (7)(a)The department and local law enforcement agencies
 5593  have unrestricted access to a licensee’s facility at all times
 5594  and shall require of each licensee strict compliance with the
 5595  laws of this state relating to the transaction of such business.
 5596  The department and local law enforcement agencies may:
 5597         1.Inspect and examine premises where skill-based machines
 5598  are offered for play.
 5599         2.Inspect skill-based machines and related equipment and
 5600  supplies.
 5601         (b)In addition, the department may:
 5602         1.Collect taxes, assessments, fees, and penalties.
 5603         2.Deny, revoke, suspend, or place conditions on the
 5604  license of a person who violates any provision of this chapter
 5605  or rule adopted pursuant thereto.
 5606         3.Revoke or suspend the license of any person who is no
 5607  longer qualified or who is found, after receiving a license, to
 5608  have been unqualified at the time of application for the
 5609  license.
 5610         (8)This section does not:
 5611         (a)Expand gaming or authorize any new form of gaming. This
 5612  section ensures that the facilities operating as arcade
 5613  amusement centers comply with the laws and rules of the
 5614  department, are properly licensed by the department, and are
 5615  properly taxed by the department.
 5616         (b)Prohibit the department or any law enforcement
 5617  authority from conducting investigations of criminal activities
 5618  occurring at the facility of a licensee.
 5619         (c)Restrict access to the licensee’s facility by the
 5620  department or any law enforcement authority.
 5621         (d)Restrict access by the department or law enforcement
 5622  authorities to information and records necessary to the
 5623  investigation of criminal activity which are contained within
 5624  the licensee’s facility.
 5625         (9)(a)Upon submission of the initial application for a
 5626  skill-based machine operator and annually thereafter, on the
 5627  anniversary date of the issuance of the initial license, the
 5628  operator shall pay to the Division of Licensing a nonrefundable
 5629  license fee to be determined by the department for the following
 5630  12 months of licensure. The license fee shall be deposited into
 5631  the Pari-mutuel Wagering Trust Fund to be used for
 5632  investigations, regulation of the machines, and enforcement of
 5633  the provisions under this chapter. These payments shall be
 5634  accounted for separately from taxes or fees paid pursuant to
 5635  chapter 550.
 5636         (b)Before January 1, 2012, the department shall evaluate
 5637  the license fee and shall make recommendations to the President
 5638  of the Senate and the Speaker of the House of Representatives
 5639  regarding the optimum level of operator license fees in order to
 5640  adequately support the regulatory program.
 5641         (10)(a)The tax rate on skill-based machine revenues at
 5642  each facility shall be 15 percent of the skill-based machine
 5643  operator’s monthly gross receipts.
 5644         (b)The tax imposed by this section shall be paid to the
 5645  department for deposit into the Florida Gaming Trust Fund and
 5646  subject to annual appropriation by the Legislature.
 5647         (11)The skill-based machine licensee shall remit to the
 5648  department payment for the tax on slot machine revenues. Such
 5649  payments shall be remitted by 3 p.m. on the 5th day of each
 5650  calendar month for taxes imposed and collected for the preceding
 5651  calendar month. If the 5th day of the calendar month falls on a
 5652  weekend, payments shall be remitted the first Monday following
 5653  the weekend. The operator shall file a report under oath by the
 5654  5th day of each calendar month for all taxes remitted during the
 5655  preceding calendar month. Such payments shall be accompanied by
 5656  a report under oath showing all amusement arcade machine
 5657  activities for the preceding calendar month and such other
 5658  information as may be prescribed by the department.
 5659         (12)An operator who fails to make tax payments as required
 5660  under this section is subject to an administrative penalty of up
 5661  to $10,000 for each day the tax payment is not remitted. All
 5662  administrative penalties imposed and collected shall be
 5663  deposited into the Florida Gaming Trust Fund. If any amusement
 5664  arcade licensee fails to pay penalties imposed by order of the
 5665  department under this subsection, the department may suspend,
 5666  revoke, or refuse to renew the license of the amusement arcade
 5667  licensee.
 5668         (13)The department may require operators to remit taxes,
 5669  fees, fines, and assessments by electronic funds transfer.
 5670         Section 76. This act shall take effect July 1, 2011, if SB
 5671  ____ or similar legislation creating the Florida Gaming Trust
 5672  Fund, is adopted in the same legislative session or an extension
 5673  thereof and becomes law.