Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7052
       
       
        
       FOR CONSIDERATION By the Committee on Gaming
       
       
       
       
       
       584-00011A-14                                         20147052__
    1                        A bill to be entitled                      
    2         An act relating to gaming; creating s. 11.93, F.S.;
    3         creating the Joint Legislative Gaming Control
    4         Oversight Committee; providing for member
    5         requirements, terms, and meetings; providing that the
    6         committee is governed by joint rules of the Senate and
    7         the House of Representatives; providing powers and
    8         duties of the committee; authorizing the committee to
    9         schedule hearings; requiring the committee to deliver
   10         a written recommendation to the President of the
   11         Senate and the Speaker of the House of Representatives
   12         upon certain findings; amending s. 20.165, F.S.;
   13         removing a provision that establishes the Division of
   14         Pari-mutuel Wagering in the Department of Business and
   15         Professional Regulation; creating s. 20.222, F.S.;
   16         creating the Department of Gaming Control; amending s.
   17         110.205, F.S.; exempting certain positions within the
   18         Department of Gaming Control and the Gaming Control
   19         Board; amending s. 120.80, F.S.; removing provisions
   20         relating to exemptions to the hearing and notice
   21         requirements for the Division of Pari-mutuel Wagering
   22         in the Department of Business and Professional
   23         Regulation; providing exemptions to certain hearing
   24         and notice requirements for the Department of Gaming
   25         Control; providing exemptions for the Gaming Control
   26         Board; amending s. 285.710, F.S.; authorizing and
   27         directing the Governor to negotiate and execute an
   28         amendment to the Gaming Compact with the Seminole
   29         Tribe of Florida; requiring the Governor to provide a
   30         copy of the amendment to the President of the Senate
   31         and the Speaker of the House of Representatives;
   32         requiring the compact to be ratified by both houses of
   33         the Legislature before being sent to the United States
   34         Department of the Interior; amending s. 285.712, F.S.;
   35         making a technical change; transferring the Division
   36         of Pari-mutuel Wagering of the Department of Business
   37         and Professional Regulation to the Gaming Control
   38         Board within the Department of Gaming Control by type
   39         two transfer; transferring the Pari-mutuel Wagering
   40         Trust Fund within the Department of Business and
   41         Professional Regulation to the Department of Gaming
   42         Control by type two transfer; repealing ss. 550.001
   43         550.71, F.S., relating to pari-mutuel wagering;
   44         redesignating ch. 551, F.S., as the “Florida Gaming
   45         Control Act”; creating part I of ch. 551, F.S.;
   46         entitling part I “Florida Gaming Control”; creating s.
   47         551.001, F.S.; defining terms; creating s. 551.0011,
   48         F.S.; creating the Gaming Control Board; providing
   49         member requirements and terms; providing chair and
   50         vice chair requirements; providing for meetings of the
   51         board; requiring the board to serve as the agency head
   52         of the department; requiring the board to appoint an
   53         executive director; authorizing the board to designate
   54         an acting executive director; providing for financial
   55         control of department funds; creating s. 551.0012,
   56         F.S.; providing powers and duties of the board;
   57         creating s. 551.0013, F.S.; providing duties of the
   58         department; authorizing the department to adopt rules;
   59         specifying rules that must be adopted; authorizing the
   60         department to adopt emergency rules; creating s.
   61         551.0014, F.S.; requiring the department to adopt a
   62         code of ethics; providing ethical requirements;
   63         creating s. 551.0015, F.S.; requiring certain
   64         disclosures by members, employees, and agents of the
   65         board; creating s. 551.0016, F.S.; prohibiting ex
   66         parte communication between certain persons; requiring
   67         certain persons to report such communication;
   68         providing a procedure for a member to disclose such
   69         communication; penalizing a member who fails to follow
   70         such procedure; requiring the Commission on Ethics to
   71         investigate certain complaints and report its findings
   72         to the Governor; authorizing the Commission on Ethics
   73         to enforce certain penalties; creating s. 551.0017,
   74         F.S.; providing penalties for misconduct by a member,
   75         employee, or agent of the Gaming Control Board;
   76         creating s. 551.0018, F.S.; providing for judicial
   77         review; creating part II of ch. 551, F.S.; entitling
   78         part II “Pari-Mutuel Wagering”; reorganizing and
   79         clarifying provisions for pari-mutuel wagering;
   80         removing obsolete provisions; creating s. 551.011,
   81         F.S.; providing a short title; creating s. 551.012,
   82         F.S.; defining terms; creating s. 551.013, F.S.;
   83         authorizing pari-mutuel wagering; providing for
   84         wagering pools and distribution thereof; creating s.
   85         551.014, F.S.; providing powers and duties of the
   86         Department of Gaming Control; creating s. 551.018,
   87         F.S.; limiting taxation by counties, municipalities,
   88         and other political subdivisions; creating ss.
   89         551.021, 551.0221, 551.0222, 551.0241, 551.0242,
   90         551.0251, 551.0252, 551.0253, 551.026, and 551.029,
   91         F.S., relating to pari-mutuel permit application,
   92         issuance, ratification, relocation, conversion,
   93         suspension, and revocation; creating ss. 551.0321,
   94         551.0322, 551.033, 551.034, 551.035, 551.036, 551.037,
   95         551.038, and 551.039, F.S., relating to licensure of
   96         permitholders to conduct pari-mutuel operations;
   97         creating ss. 551.042, 551.043, and 551.045, F.S.,
   98         relating to greyhound racing operations, operating
   99         periods, pools, purses, injury reporting, takeout,
  100         taxes, and fees; creating ss. 551.0511, 551.0512,
  101         551.0521, 551.0522, 551.0523, 551.0524, 551.053,
  102         551.0541, 551.0542, 551.0543, 551.0551, 551.0552,
  103         551.0553, and 551.056, F.S., relating to horseracing
  104         operations, thoroughbred, harness, quarter horse,
  105         Appaloosa and Arabian horse racing, operating periods,
  106         pools, purses, takeout, taxes, and fees; creating ss.
  107         551.062, 551.0622, and 551.063, F.S., relating to jai
  108         alai operations, operating periods, awards, taxes, and
  109         fees; creating s. 551.072, F.S., relating to
  110         transmission of racing and jai alai information,
  111         broadcast, reception, performances, wagers, pools,
  112         takeout, purses, taxes, uncashed tickets and breakage,
  113         and caterers; creating ss. 551.073, 551.074, 551.075,
  114         551.076, 551.077, 551.078, F.S., relating to
  115         intertrack wagering, authorization, costs, purses,
  116         awards, pools, takeout, rebroadcast, broadcast rights,
  117         limited licensure, and totalisators; creating s.
  118         551.082, F.S., relating to minors attending pari
  119         mutuel performances; creating ss. 551.091, 551.0921,
  120         551.0922, 551.093, 551.0941, 551.0942, 551.0943,
  121         551.0944, 551.095, F.S., relating to prohibited acts,
  122         civil and criminal penalties, and liability; creating
  123         part III of ch. 551, F.S.; entitling part III “Slot
  124         Machines”; amending ss. 551.101, 551.102, 551.103,
  125         551.104, 551.105, 551.106, 551.108, 551.109, 551.111,
  126         551.112, 551.113, 551.114, 551.116, 551.117, 551.118,
  127         551.119, 551.121, 551.122, and 551.123, F.S.;
  128         clarifying provisions and making technical changes;
  129         amending s. 551.1045, F.S.; deleting provisions
  130         relating to temporary occupational licenses; creating
  131         part IV of ch. 551, F.S.; entitling part IV
  132         “Cardrooms”; transferring, renumbering, and amending
  133         s. 849.086, F.S.; clarifying provisions and making
  134         technical changes; creating part V of ch. 551, F.S.;
  135         entitling part V “Occupational Licensing”;
  136         transferring, renumbering, and amending s. 550.105,
  137         F.S., relating to racetrack and jai alai occupational
  138         licenses; transferring, renumbering, and amending s.
  139         551.107, F.S., relating to occupational licenses for
  140         slot machines; creating s. 551.303, F.S., relating to
  141         cardroom occupational licenses; transferring and
  142         renumbering ss. 550.901, 550.902, 550.903, 550.904,
  143         550.905, 550.906, 550.907, 550.908, 550.909, 550.910,
  144         550.911, 550.912, and 550.913, F.S., relating to the
  145         Interstate Compact on Licensure of Participants in
  146         Pari-mutuel Wagering; conforming cross-references to
  147         changes made in the act; creating part VI of ch. 551,
  148         F.S.; entitling part VI “Destination Casino Resorts”;
  149         creating s. 551.401, F.S.; defining terms; creating s.
  150         551.403, F.S.; providing legislative authority for and
  151         administration of part VI; creating s. 551.405, F.S.;
  152         authorizing gaming at destination casino resorts;
  153         creating ss. 551.407, 551.409, 551.41, 551.411,
  154         551.413, 551.414, and 551.415, F.S., relating to
  155         destination casino resort licensure; creating s.
  156         551.416, F.S.; requiring payment of a license fee and
  157         the remittance of tax; creating s. 551.417, F.S.;
  158         providing for the conduct of gaming by a licensee;
  159         creating s. 551.418, F.S.; prohibiting certain acts
  160         and providing penalties; creating ss. 551.42, 551.422,
  161         551.424, and 551.426, F.S., relating to supplier,
  162         manufacturer, and occupational licensure; creating s.
  163         551.428, F.S.; providing for resolution of disputes
  164         between licensees and wagerers; creating s. 551.43,
  165         F.S.; providing for the enforcement of credit
  166         instruments; creating s. 551.44, F.S.; providing for
  167         compulsive or addictive gambling prevention; creating
  168         s. 551.445, F.S.; providing that an individual may
  169         request to be excluded from a gaming facility;
  170         creating s. 551.45, F.S.; requiring the Gaming Control
  171         Board to file an annual report; creating part VII of
  172         ch. 551, F.S.; entitling part VII “Miscellaneous
  173         Gaming”; transferring, renumbering, and amending s.
  174         849.094, F.S.; making technical changes; transferring,
  175         renumbering, and amending s. 849.092, F.S.; making
  176         technical changes; transferring, renumbering, and
  177         amending s. 849.085, F.S.; making technical changes;
  178         transferring, renumbering, and amending s. 849.0931,
  179         F.S.; making technical changes; transferring,
  180         renumbering, and amending s. 849.0935, F.S.; making
  181         technical changes; transferring, renumbering, and
  182         amending s. 849.141, F.S.; making technical changes;
  183         transferring, renumbering, and amending s. 849.161,
  184         F.S.; making technical changes; amending ss. 849.01,
  185         849.02, 849.03, 849.04, 849.05, 849.07, 849.08,
  186         849.09, 849.091, 849.0915, 849.10, 849.11, 849.12,
  187         849.13, 849.14, 849.15, 849.16, 849.17, 849.18,
  188         849.19, 849.20, 849.21, 849.22, 849.23, 849.231,
  189         849.232, 849.233, 849.235, 849.25, 849.26, 849.29,
  190         849.30, 849.31, 849.32, 849.33, 849.34, 849.35,
  191         849.36, 849.37, 849.38, 849.39, 849.40, 849.41,
  192         849.42, 849.43, 849.44, 849.45, and 849.46, F.S.;
  193         reorganizing and clarifying gaming prohibitions;
  194         removing obsolete provisions; creating s. 849.47,
  195         F.S.; providing for enforcement of the chapter;
  196         amending ss. 11.45, 72.011, 72.031, 196.183, 205.0537,
  197         212.02, 212.031, 212.04, 212.05, 212.054, 212.12
  198         212.20, 267.0617, 402.82, 455.116, 480.0475, 509.032,
  199         559.801, 561.1105, 772.102, 773.03, and 895.02, F.S.;
  200         conforming cross-references and provisions to changes
  201         made by the act; providing effective dates.
  202          
  203  Be It Enacted by the Legislature of the State of Florida:
  204  
  205         Section 1. Section 11.93, Florida Statutes, is created to
  206  read:
  207         11.93Joint Legislative Gaming Control Oversight
  208  Committee.—
  209         (1) The Joint Legislative Gaming Control Oversight
  210  Committee is created and shall be composed of seven members of
  211  the Senate appointed by the President of the Senate and seven
  212  members of the House of Representatives appointed by the Speaker
  213  of the House of Representatives. Each member shall serve at the
  214  pleasure of the officer who appointed the member. A committee
  215  vacancy shall be filled in the same manner as the original
  216  appointment. From November of each odd-numbered year through
  217  October of each even-numbered year, the chair shall be appointed
  218  by the President of the Senate and the vice chair shall be
  219  appointed by the Speaker of the House of Representatives. From
  220  November of each even-numbered year through October of each odd
  221  numbered year, the chair shall be appointed by the Speaker of
  222  the House of Representatives and the vice chair shall be
  223  appointed by the President of the Senate. The terms of members
  224  shall be for 2 years and must coincide with the 2-year term of
  225  the Legislative Regular Session.
  226         (2) The committee shall be governed by joint rules of the
  227  Senate and the House of Representatives, which shall remain in
  228  effect until repealed or amended by concurrent resolution.
  229         (3) The committee shall convene at least quarterly at the
  230  call of the President of the Senate and the Speaker of the House
  231  of Representatives. A majority of the committee members of each
  232  house constitutes a quorum. Action by the committee requires a
  233  majority vote of the members appointed by each house of the
  234  Legislature.
  235         (4) The committee may conduct its meetings through
  236  teleconferences or other similar means.
  237         (5) The committee shall be staffed by legislative staff
  238  members, as assigned by the President of the Senate and the
  239  Speaker of the House of Representatives.
  240         (6) The committee shall:
  241         (a) Review the implementation of and compliance with this
  242  part to ensure that chapters 24, 551, and 849 are not subject to
  243  abuse or interpreted in any manner that expands gaming or
  244  gambling in this state.
  245         (b) Review any matter within the scope of the jurisdiction
  246  of the Department of Gaming Control or the Department of the
  247  Lottery, and, in connection with such investigation, may
  248  exercise the powers of subpoena by law vested in a standing
  249  committee of the Legislature.
  250         (c) Review the regulation of licensees of the Department of
  251  Gaming Control or the Gaming Control Board, and the procedures
  252  used by the Department of Gaming Control or the Gaming Control
  253  Board to implement and enforce the law.
  254         (d) Review the procedures of the Department of Gaming
  255  Control or Gaming Control Board which are used to qualify
  256  applicants for licensure.
  257         (e) Review the procedures of the Department of the Lottery
  258  which are used to select games or contract for promotions,
  259  advertising, vendors, or retailers.
  260         (f) Exercise all other powers and perform any other duties
  261  prescribed by the Legislature.
  262         (7) The committee chair may schedule hearings to determine
  263  whether enforcement of the gaming laws of the state is
  264  sufficient to protect residents from abuse and misinterpretation
  265  of the law to create expansion of gaming or gambling in this
  266  state.
  267         (8) If the committee determines that enforcement of the
  268  gaming laws of the state should be enhanced through additional
  269  legislation or other action, it shall submit written
  270  recommendations and proposed statutory changes to the President
  271  of the Senate and the Speaker of the House of Representatives.
  272         Section 2. Paragraph (g) of subsection (2) of section
  273  20.165, Florida Statutes, is amended to read:
  274         20.165 Department of Business and Professional Regulation.
  275  There is created a Department of Business and Professional
  276  Regulation.
  277         (2) The following divisions of the Department of Business
  278  and Professional Regulation are established:
  279         (g) Division of Pari-mutuel Wagering.
  280         Section 3. Section 20.222, Florida Statutes, is created to
  281  read:
  282         20.222 Department of Gaming Control.—The Department of
  283  Gaming Control is created.
  284         (1) The head of the department is the Gaming Control Board.
  285         (2) The following divisions of the department are
  286  established:
  287         (a) Division of Accounting and Auditing.
  288         (b) Division of Investigations and Security.
  289         (c) Division of Licensing.
  290         (d) Division of Operations.
  291         (e) Division of Prosecution.
  292         (3) The Gaming Control Board may create bureaus within the
  293  department and allocate the various functions of the department
  294  among such bureaus.
  295         Section 4. Paragraph (y) is added to subsection (2) of
  296  section 110.205, Florida Statutes, to read:
  297         110.205 Career service; exemptions.—
  298         (2) EXEMPT POSITIONS.—The exempt positions that are not
  299  covered by this part include the following:
  300         (y) The executive director, any deputy executive directors,
  301  the general counsel, attorneys, official reporters, and division
  302  directors within the Department of Gaming Control or the Gaming
  303  Control Board. Unless otherwise fixed by law, the salary and
  304  benefits of the executive director, deputy executive directors,
  305  general counsel, attorneys, and division directors shall be set
  306  by the Department of Management Services in accordance with the
  307  rules of the Senior Management Service.
  308         Section 5. Subsection (4) and paragraph (b) of subsection
  309  (14) of section 120.80, Florida Statutes, are amended, and
  310  subsections (19) and (20) are added to that section, to read:
  311         120.80 Exceptions and special requirements; agencies.—
  312         (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
  313         (a) Business regulation.—The Division of Pari-mutuel
  314  Wagering is exempt from the hearing and notice requirements of
  315  ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
  316  boards of judges when the hearing is to be held for the purpose
  317  of the imposition of fines or suspensions as provided by rules
  318  of the Division of Pari-mutuel Wagering, but not for
  319  revocations, and only upon violations of subparagraphs 1.-6. The
  320  Division of Pari-mutuel Wagering shall adopt rules establishing
  321  alternative procedures, including a hearing upon reasonable
  322  notice, for the following violations:
  323         1. Horse riding, harness riding, greyhound interference,
  324  and jai alai game actions in violation of chapter 550.
  325         2. Application and usage of drugs and medication to horses,
  326  greyhounds, and jai alai players in violation of chapter 550.
  327         3. Maintaining or possessing any device which could be used
  328  for the injection or other infusion of a prohibited drug to
  329  horses, greyhounds, and jai alai players in violation of chapter
  330  550.
  331         4. Suspensions under reciprocity agreements between the
  332  Division of Pari-mutuel Wagering and regulatory agencies of
  333  other states.
  334         5. Assault or other crimes of violence on premises licensed
  335  for pari-mutuel wagering.
  336         6. Prearranging the outcome of any race or game.
  337         (b) Professional regulation.Notwithstanding s.
  338  120.57(1)(a), formal hearings may not be conducted by the
  339  Secretary of Business and Professional Regulation or a board or
  340  member of a board within the Department of Business and
  341  Professional Regulation for matters relating to the regulation
  342  of professions, as defined by chapter 455.
  343         (14) DEPARTMENT OF REVENUE.—
  344         (b) Taxpayer contest proceedings.—
  345         1. In any administrative proceeding brought pursuant to
  346  this chapter as authorized by s. 72.011(1), the taxpayer shall
  347  be designated the “petitioner” and the Department of Revenue
  348  shall be designated the “respondent,” except that for actions
  349  contesting an assessment or denial of refund under chapter 207,
  350  the Department of Highway Safety and Motor Vehicles shall be
  351  designated the “respondent,” and for actions contesting an
  352  assessment or denial of refund under chapters 210, 550, 561,
  353  562, 563, 564, and 565, the Department of Business and
  354  Professional Regulation shall be designated the “respondent.”
  355         2. In any such administrative proceeding, the applicable
  356  department’s burden of proof, except as otherwise specifically
  357  provided by general law, shall be limited to a showing that an
  358  assessment has been made against the taxpayer and the factual
  359  and legal grounds upon which the applicable department made the
  360  assessment.
  361         3.a. Prior to filing a petition under this chapter, the
  362  taxpayer shall pay to the applicable department the amount of
  363  taxes, penalties, and accrued interest assessed by that
  364  department which are not being contested by the taxpayer.
  365  Failure to pay the uncontested amount shall result in the
  366  dismissal of the action and imposition of an additional penalty
  367  of 25 percent of the amount taxed.
  368         b. The requirements of s. 72.011(2) and (3)(a) are
  369  jurisdictional for any action under this chapter to contest an
  370  assessment or denial of refund by the Department of Revenue, the
  371  Department of Highway Safety and Motor Vehicles, or the
  372  Department of Business and Professional Regulation.
  373         4. Except as provided in s. 220.719, further collection and
  374  enforcement of the contested amount of an assessment for
  375  nonpayment or underpayment of any tax, interest, or penalty
  376  shall be stayed beginning on the date a petition is filed. Upon
  377  entry of a final order, an agency may resume collection and
  378  enforcement action.
  379         5. The prevailing party, in a proceeding under ss. 120.569
  380  and 120.57 authorized by s. 72.011(1), may recover all legal
  381  costs incurred in such proceeding, including reasonable
  382  attorney’s fees, if the losing party fails to raise a
  383  justiciable issue of law or fact in its petition or response.
  384         6. Upon review pursuant to s. 120.68 of final agency action
  385  concerning an assessment of tax, penalty, or interest with
  386  respect to a tax imposed under chapter 212, or the denial of a
  387  refund of any tax imposed under chapter 212, if the court finds
  388  that the Department of Revenue improperly rejected or modified a
  389  conclusion of law, the court may award reasonable attorney’s
  390  fees and reasonable costs of the appeal to the prevailing
  391  appellant.
  392         (19) DEPARTMENT OF GAMING CONTROL; PARI-MUTUEL WAGERING.—
  393         (a) The Department of Gaming Control is exempt from the
  394  hearing and notice requirements of ss. 120.569 and 120.57(1)(a)
  395  as applied to stewards, judges, and boards of judges if the
  396  hearing is to be held for the purpose of imposing a fine or
  397  suspension as provided by rules of the Department of Gaming
  398  Control, but not for revocations, and only to consider
  399  violations specified under paragraph (b).
  400         (b) The Department of Gaming Control shall adopt rules
  401  establishing alternative procedures, including a hearing upon
  402  reasonable notice, for the following:
  403         1. Horse riding, harness riding, greyhound interference,
  404  and jai alai game actions in violation of part II of chapter
  405  551.
  406         2. Application and administration of drugs and medication
  407  to a horse, greyhound, or jai alai player in violation of part
  408  II of chapter 551.
  409         3. Maintaining or possessing any device that could be used
  410  for the injection or other infusion of a prohibited drug into a
  411  horse, greyhound, or jai alai player in violation of part II of
  412  chapter 551.
  413         4. Suspensions under reciprocity agreements between the
  414  department and regulatory agencies of other states.
  415         5. Assault or other crimes of violence on premises licensed
  416  for pari-mutuel wagering.
  417         6. Prearranging the outcome of any race or game.
  418         (20) GAMING CONTROL BOARD.—
  419         (a) Section 120.541(3) does not apply to the adoption of
  420  rules by the Department of Gaming Control.
  421         (b) Section 120.60 does not apply to applications for a
  422  destination casino resort license.
  423         (c) Notwithstanding s. 120.542, the Gaming Control Board
  424  may not grant any waiver or variance from the requirements of
  425  part VI of chapter 551.
  426         Section 6. Paragraph (f) of subsection (1) and subsection
  427  (7) of section 285.710, Florida Statutes, are amended, and
  428  subsections (15) and (16) are added to that section, to read:
  429         285.710 Compact authorization.—
  430         (1) As used in this section, the term:
  431         (f) “State compliance agency” means the Department of
  432  Gaming Control, Division of Pari-mutuel Wagering of the
  433  Department of Business and Professional Regulation which is
  434  designated as the state agency having the authority to carry out
  435  the state’s oversight responsibilities under the compact.
  436         (7) The Department of Gaming Control Division of Pari
  437  mutuel Wagering of the Department of Business and Professional
  438  Regulation is designated as the state compliance agency having
  439  the authority to carry out the state’s oversight
  440  responsibilities under the compact authorized by this section.
  441         (15) The Governor is authorized and directed to negotiate
  442  and execute an amendment to the compact on behalf of the state
  443  with the Tribe pursuant to the federal Indian Gaming Regulatory
  444  Act of 1988, 18 U.S.C. ss. 1166-1168, 25 U.S.C. ss. 2701 et
  445  seq., and this section regarding the right of the Tribe
  446  specified in Part XII of the compact to operate covered games as
  447  defined in the compact, and to renew the Tribe’s authorization
  448  to offer banked or banking card games as defined in Part III,
  449  Section F(2) of the compact, and agree that such authorization
  450  to offer banked or banking card games terminates on July 31,
  451  2030, concurrently with the term described in Part XVI of the
  452  compact. The Governor is authorized to negotiate an amendment to
  453  the compact that is consistent with the terms and standards in
  454  this section, provided that amendment to provisions relating to
  455  covered games, the amount of revenue-sharing payments,
  456  suspension or reduction of payments, or exclusivity other than
  457  as stated in this section shall require ratification by the
  458  Legislature. An amendment to the compact is not deemed entered
  459  into by the state unless it is ratified by the Legislature.
  460         (16) The Governor shall provide a copy of any amendment to
  461  the compact to the President of the Senate and the Speaker of
  462  the House of Representatives immediately upon execution. The
  463  compact may not be submitted to the United States Department of
  464  the Interior by or on behalf of the state or the Tribe until it
  465  has been ratified by both houses of the Legislature by majority
  466  vote of the members present.
  467         Section 7. Subsection (4) of section 285.712, Florida
  468  Statutes, is amended to read:
  469         285.712 Tribal-state gaming compacts.—
  470         (4) Upon receipt of an act ratifying a tribal-state
  471  compact, the Secretary of State shall forward a copy of the
  472  executed compact and the ratifying act to the United States
  473  Secretary of the Interior for his or her review and approval, in
  474  accordance with 25 U.S.C. s. 2710(d)(8) s. 2710(8)(d).
  475         Section 8. (1) The Division of Pari-mutuel Wagering within
  476  the Department of Business and Professional Regulation created
  477  under chapter 20, Florida Statutes, is transferred by a type two
  478  transfer, as defined in s. 20.06, Florida Statutes, to the
  479  Department of Gaming Control.
  480         (2) The Pari-mutuel Wagering Trust Fund within the
  481  Department of Business and Professional Regulation is
  482  transferred by a type two transfer, as defined in s. 20.06,
  483  Florida Statutes, to the Department of Gaming Control and
  484  renamed the “Gaming Control Trust Fund.
  485         (3) This section is effective beginning on January 1, 2015.
  486         Section 9. Sections 550.001, 550.002, 550.0115, 550.01215,
  487  550.0235, 550.0251, 550.0351, 550.0425, 550.054, 550.0555,
  488  550.0651, 550.0745, 550.0951, 550.09511, 550.09512, 550.09514,
  489  550.09515, 550.1155, 550.125, 550.135, 550.155, 550.1625,
  490  550.1645, 550.1646, 550.1647, 550.1648, 550.175, 550.1815,
  491  550.235, 550.24055, 550.2415, 550.255, 550.2614, 550.26165,
  492  550.2625, 550.2633, 550.26352, 550.2704, 550.285, 550.334,
  493  550.3345, 550.3355, 550.3551, 550.3615, 550.375, 550.475,
  494  550.495, 550.505, 550.5251, 550.615, 550.625, 550.6305,
  495  550.6308, 550.6315, 550.6325, 550.6335, 550.6345, 550.70, and
  496  550.71, Florida Statutes, are repealed.
  497         Section 10. Chapter 551, Florida Statutes, is redesignated
  498  as the “Florida Gaming Control Act.”
  499         Section 11. Part I of chapter 551, Florida Statutes,
  500  consisting of sections ss. 551.001-551.0018, Florida Statutes,
  501  is created and entitled “Florida Gaming Control.
  502         Section 12. Section 551.001, Florida Statutes, is created
  503  to read:
  504         551.001 Definitions.—As used in this chapter, the term:
  505         (1) “Affiliate” means a person or applicant who, directly
  506  or indirectly, through one or more intermediaries:
  507         (a) Controls, is controlled by, or is under common control
  508  with;
  509         (b) Is in a partnership or joint venture relationship with;
  510  or
  511         (c) Is a shareholder of a corporation, a member of a
  512  limited liability company, or a partner in a limited liability
  513  partnership with,
  514  
  515  an applicant for a destination casino resort license or a
  516  destination casino resort licensee.
  517         (2) “Chair” means the chair of the Gaming Control Board.
  518         (3) “Board” means the Gaming Control Board.
  519         (4) “Conflict of interest” means a situation in which the
  520  private interest of a member of the board or an employee or
  521  agent of the department may influence his or her judgment in the
  522  performance of his or her public duty under this part. A
  523  conflict of interest includes, but is not limited to:
  524         (a) Any conduct that would lead a reasonable person having
  525  knowledge of all of the circumstances to conclude that a member
  526  of the board or an employee or agent of the department is biased
  527  against or in favor of an applicant.
  528         (b) The acceptance of any form of compensation from a
  529  source other than the department for any services rendered as
  530  part of the official duties of a member of the board or an
  531  employee or agent of the department.
  532         (c) Participation in any business transaction with or
  533  before the board or department in which a member of the board or
  534  an employee or agent of the department, or the parent, spouse,
  535  or child of the member, employee, or agent, has a financial
  536  interest.
  537         (5) “Department” means the Department of Gaming Control.
  538         (6) “Executive director” means the executive director of
  539  the department.
  540         (7) “Financial interest” or “financially interested” means
  541  any interest in investments or awarding of contracts, grants,
  542  loans, purchases, leases, sales, or similar matters under
  543  consideration or consummated by the board or the department, or
  544  ownership in an applicant or a licensee. A member of the board
  545  or an employee or agent of the department is deemed to have a
  546  financial interest in a matter if:
  547         (a) The individual owns any interest in any class of
  548  outstanding securities that are issued by a party to the matter
  549  under consideration by the board or the department, except
  550  indirect interests such as a mutual fund or stock portfolios; or
  551         (b) The individual is employed by or is an independent
  552  contractor for a party to a matter under consideration by the
  553  board or the department.
  554         Section 13. Section 551.0011, Florida Statutes, is created
  555  to read:
  556         551.0011Gaming Control Board.—
  557         (1) CREATION.—The Gaming Control Board is created within
  558  the department and shall have its headquarters in Tallahassee.
  559         (2) MEMBERS.—The board shall be composed of five residents
  560  of the state who are appointed by the Governor, subject to
  561  confirmation by the Senate in the legislative session following
  562  appointment. Before making appointments to the board, the
  563  Governor shall conduct a thorough search to identify candidates
  564  who have experience in corporate finance, accounting,
  565  information technologies, tourism, convention and destination
  566  casino resort management, gaming regulatory administration or
  567  management, law enforcement, legal and policy issues related to
  568  gaming, or related legal experience. At least one board member
  569  must be a certified public accountant licensed in this state who
  570  has at least 5 years’ experience with enterprise information
  571  management. At least one board member must have 5 years’
  572  experience in law enforcement investigations. A person may not
  573  be appointed as a board member if he or she has held an elective
  574  or appointed public office in a federal, state, or local
  575  government, or an office in a political party, within the 3
  576  years preceding appointment. Before appointment to the board, a
  577  background investigation must be conducted into the financial
  578  stability, integrity, and responsibility of a candidate,
  579  including the candidate’s reputation for good character,
  580  honesty, and integrity. A person who has been convicted of a
  581  felony is not eligible to serve on the board.
  582         (3) TERMS.—Each board member shall be appointed to a 4-year
  583  term except that, initially, to achieve staggered terms, one
  584  member shall be appointed to a 4-year term and serve as chair of
  585  the board, one member shall be appointed to a 4-year term, one
  586  member shall be appointed to a 3-year term, one member shall be
  587  appointed to a 2-year term, and one member shall be appointed to
  588  a 1-year term. Members’ terms expire on December 31. Before
  589  expiration of the term of a member, the Governor shall appoint a
  590  successor. The Governor may remove a member for cause, including
  591  circumstances in which the member commits gross misconduct or
  592  malfeasance in office, substantially neglects or is unable to
  593  discharge his or her duties as a member, or is convicted of a
  594  felony. Upon the resignation or removal from office of a member,
  595  the Governor shall appoint a successor within 45 days after the
  596  effective date of the resignation or removal to serve the
  597  remainder of the unfinished term. A member may not serve more
  598  than two full terms, exclusive of service during an unexpired
  599  portion of a term due to a vacancy.
  600         (4) CHAIR AND VICE CHAIR.—
  601         (a) The chair shall be appointed by the Governor and serve
  602  until expiration of the member’s term. The vice chair of the
  603  board shall be elected by the members during the first meeting
  604  of the board on or after January 1 of each year. The chair shall
  605  set the agenda for each meeting. The chair shall approve all
  606  notices, vouchers, subpoenas, and reports as required by this
  607  part. The chair shall preserve order and decorum and shall have
  608  general control of the board meetings. The chair shall decide
  609  all questions of order. The chair may designate a member to
  610  perform the duties of the chair for a meeting if such
  611  substitution does not extend beyond that meeting.
  612         (b) If the chair is absent, the vice chair shall assume the
  613  duties of the chair during the chair’s absence. On the death,
  614  incapacitation, or resignation of the chair, the vice chair
  615  shall perform the duties of the office until the Governor
  616  appoints a successor.
  617         (c) The administrative responsibilities of the chair are to
  618  plan, organize, and control administrative support services for
  619  the board, with the assistance of the executive director.
  620         (5) MEETINGS.—Meetings of the board are open to the public
  621  unless otherwise exempt under chapter 286. The board must meet
  622  at least monthly. Meetings may be called by the chair or by
  623  three members upon at least 72 hours’ public notice. Three
  624  members constitute a quorum. Emergency meetings may be held if a
  625  bona fide emergency situation exists as determined by the chair
  626  or by three members, in which case a meeting to deal with the
  627  emergency may be held as necessary, with reasonable notice.
  628  Action taken at an emergency meeting must be subsequently
  629  ratified by the board at a noticed meeting. Meetings of the
  630  board shall be held in Tallahassee unless the chair determines
  631  that special circumstances warrant meeting at another location.
  632  The initial meeting of the board must be held by January 16,
  633  2015.
  634         (6) LOBBYING.—A board member may register to lobby state or
  635  local government only in his or her official capacity as a
  636  member.
  637         (7) AGENCY HEAD.—The board shall serve as the agency head
  638  of the department for purposes of chapter 120. The executive
  639  director of the department may serve as the agency head for
  640  purposes of final agency action under chapter 120 for all areas
  641  within the regulatory authority delegated to the executive
  642  director’s office.
  643         (8) EXECUTIVE DIRECTOR.—The board shall appoint an
  644  executive director, who shall:
  645         (a)Serve at the pleasure of the board;
  646         (b)Subject to appropriation, receive salary as may be
  647  determined by the board;
  648         (c)Devote time and attention to the duties of the office;
  649         (d)Have skill and experience in management and be
  650  responsible for administering and enforcing the provisions of
  651  law relative to the department, the board, and each unit
  652  thereof;
  653         (e)Employ a chief financial and accounting officer,
  654  subject to board approval and appropriation;
  655         (f)Employ other employees, consultants, agents, and
  656  advisors, including legal counsel, subject board approval and
  657  appropriation; and
  658         (g)Attend meetings of the board unless excused by the
  659  chair.
  660         (9) ACTING EXECUTIVE DIRECTOR.—In the case of an absence or
  661  vacancy in the office of the executive director or in the case
  662  of disability as determined by the board, the board may
  663  designate an acting executive director to serve as executive
  664  director until the vacancy is filled or the absence or
  665  disability ceases. The acting executive director shall have all
  666  of the powers and duties of the executive director and shall
  667  have similar qualifications as the executive director.
  668         (10) FINANCIAL CONTROL.—The board shall appoint a chief
  669  financial and accounting officer who shall be in charge of
  670  department funds, books of account, and accounting records.
  671  Funds may not be transferred by the department without the
  672  approval of the board and the signatures of the executive
  673  director and the chief financial and accounting officer.
  674         (11) INSPECTOR GENERAL.—The board shall appoint an
  675  Inspector General pursuant to s. 20.055 to provide a central
  676  point for coordination of and responsibility for activities that
  677  promote accountability, integrity, and efficiency in the
  678  department and public confidence in the conduct of gaming in
  679  this state.
  680         Section 14. Section 551.0012, Florida Statutes, is created
  681  to read:
  682         551.0012Board powers and duties.—
  683         (1) The board shall:
  684         (a) Administer and execute laws relating to gaming, pari
  685  mutuel wagering, slot machines, cardrooms, occupational
  686  licensing, and destination casino resorts under this chapter.
  687         (b) Use an invitation to negotiate process for applicants
  688  based on minimum requirements established by this part and
  689  department rule.
  690         (c) Issue subpoenas for the attendance of witnesses and
  691  subpoenas duces tecum for the production of books, records, and
  692  other pertinent documents as provided by law, and to administer
  693  oaths and affirmations to the witnesses, if, in the judgment of
  694  the board, it is necessary to enforce this part or department
  695  rules. If a person fails to comply with a subpoena, the board
  696  may petition the circuit court of the county in which the person
  697  subpoenaed resides or has his or her principal place of business
  698  for an order requiring the subpoenaed person to appear and
  699  testify and to produce books, records, and documents as
  700  specified in the subpoena. The court may grant legal, equitable,
  701  or injunctive relief, which may include, but is not limited to,
  702  issuance of a writ of ne exeat or restraint by injunction or
  703  appointment of a receiver of any transfer, pledge, assignment,
  704  or other disposition of such person’s assets or any concealment,
  705  alteration, destruction, or other disposition of subpoenaed
  706  books, records, or documents, as the court deems appropriate,
  707  until the person subpoenaed has fully complied with the subpoena
  708  and the board has completed the audit, examination, or
  709  investigation. The board is entitled to the summary procedure
  710  provided in s. 51.011, and the court shall advance the cause on
  711  its calendar. Costs incurred by the board to obtain an order
  712  granting, in whole or in part, such petition for enforcement of
  713  a subpoena shall be charged against the subpoenaed person, and
  714  failure to comply with such order is a contempt of court.
  715         (d) Require each applicant for a license to produce the
  716  information, documentation, and assurances as may be necessary
  717  to establish by clear and convincing evidence the integrity of
  718  all financial backers, investors, mortgagees, bondholders, and
  719  holders of indentures, notes, or other evidences of
  720  indebtedness, either in effect or proposed.
  721         (e) Require or permit a person to file a statement in
  722  writing, under oath or otherwise as the board or its designee
  723  requires, as to the facts and circumstances concerning the
  724  matter to be audited, examined, or investigated.
  725         (f) Keep accurate and complete records of its proceedings
  726  and certify records as may be appropriate.
  727         (g) Take any other action as may be reasonable or
  728  appropriate to enforce this chapter or department rule.
  729         (h) Apply for injunctive or declaratory relief in a court
  730  of competent jurisdiction to enforce this chapter and rules
  731  adopted thereunder.
  732         (i) Establish field offices, as deemed necessary by the
  733  board.
  734         (j) Coordinate with the Chief Financial Officer and the
  735  Attorney General on implementing any measures necessary to
  736  protect the state’s interests.
  737         (k)Authorize gaming at destination casino resorts pursuant
  738  to part VI of this chapter.
  739         (l) Investigate applicants for a destination casino resort
  740  license, determine their eligibility for licensure, and grant a
  741  license to an applicant that best serves the interests of the
  742  residents of this state, based on the ability to maximize
  743  revenue for the state and the potential for economic development
  744  demonstrated by the applicant’s proposed investment in
  745  infrastructure, such as hotels and other nongaming entertainment
  746  facilities.
  747         (2) The department, the Department of Law Enforcement, and
  748  local law enforcement agencies shall have unrestricted access to
  749  the facility of a licensee at all times and shall require of
  750  each licensee strict compliance with the laws of this state
  751  relating to the transaction of such business. The Department of
  752  Law Enforcement and local law enforcement agencies may
  753  investigate any criminal violation of law occurring at the
  754  facility of a licensee. Such investigations may be conducted in
  755  conjunction with the appropriate state attorney. The department
  756  and the Department of Law Enforcement may:
  757         (a) Inspect and examine premises where authorized gaming
  758  devices are offered for play.
  759         (b) Inspect slot machines, other authorized gaming devices,
  760  and related equipment and supplies.
  761         (3) This section does not:
  762         (a) Prohibit the Department of Law Enforcement or any law
  763  enforcement authority whose jurisdiction includes a licensee
  764  from conducting investigations of criminal activities occurring
  765  at the facilities of a licensee;
  766         (b) Restrict access to the gaming facility by the
  767  Department of Law Enforcement or any local law enforcement
  768  authority whose jurisdiction includes a licensee’s facility; or
  769         (c) Restrict access by the Department of Law Enforcement or
  770  a local law enforcement agency to information and records
  771  necessary for the investigation of criminal activity which are
  772  contained within the facilities of a licensee.
  773         Section 15. Section 551.0013, Florida Statutes, is created
  774  to read:
  775         551.0013Department powers and duties.—
  776         (1) The department shall:
  777         (a) Conduct such investigations as necessary to fulfill its
  778  responsibilities.
  779         (b) Establish and collect fees for performing background
  780  checks on applicants for licenses and persons with whom the
  781  department may contract for the providing of goods or services
  782  and for performing, or having performed, tests on equipment and
  783  devices to be used in a gaming facility.
  784         (c) Request and receive from law enforcement and criminal
  785  justice agencies, including, but not limited to, the Federal
  786  Bureau of Investigation and the Internal Revenue Service, all
  787  criminal offender records and related information relating to
  788  criminal and background investigations for the purpose of
  789  evaluating employees of, and applicants for employment by, the
  790  department and any licensee, and evaluating licensees and
  791  applicants for licensure under this part.
  792         (d) Be present at all times, through its employees and
  793  agents, in premises licensed under this part for the purposes of
  794  certifying revenue; inspecting and auditing books and records of
  795  licensees; conducting reviews of operations for compliance with
  796  this part and department rule; and conducting its oversight of
  797  all gaming activities.
  798         (e) Remove from the premises of any licensee and impound
  799  for examination, inspection, or prosecution, any equipment,
  800  supplies, books, or records.
  801         (f) Refer cases for criminal prosecution to the appropriate
  802  federal, state, or local authorities.
  803         (g) Maintain an official Internet website.
  804         (h) Collect taxes, assessments, fees, and penalties.
  805         (i) Deny, revoke, or suspend a license of, or place
  806  conditions on, a licensee who violates this chapter, a rule
  807  adopted by the department, or an order of the board.
  808         (j) Revoke or suspend the license of any person who is no
  809  longer qualified or who is found, after receiving a license, to
  810  have been unqualified at the time of application for the
  811  license.
  812         (2) The department shall adopt all rules necessary to
  813  implement, administer, and regulate gaming under this chapter,
  814  subject to board approval. The rules must include:
  815         (a) The types of gaming activities to be conducted and the
  816  rules for those games, including any restriction upon the time,
  817  place, and structures where gaming is authorized.
  818         (b) Requirements, procedures, qualifications, and grounds
  819  for the issuance, renewal, revocation, suspension, and summary
  820  suspension of a license.
  821         (c) Requirements for the disclosure of the complete
  822  financial interests of licensees and applicants for licenses.
  823         (d) Technical requirements and the qualifications that are
  824  necessary to receive a license.
  825         (e) Procedures to scientifically test and technically
  826  evaluate slot machines or other authorized gaming devices,
  827  including all components, hardware, and software, for compliance
  828  with this part and department rule. The department may contract
  829  with an independent testing laboratory to conduct any necessary
  830  testing. The independent testing laboratory must have a national
  831  reputation for being demonstrably competent and qualified to
  832  scientifically test and evaluate slot machines or other
  833  authorized gaming devices. An independent testing laboratory may
  834  not be owned or controlled by a licensee. The use of an
  835  independent testing laboratory for any purpose related to the
  836  conduct of slot machine gaming or other authorized gaming by a
  837  licensee shall be made from a list of laboratories approved by
  838  the department.
  839         (f) Procedures relating to gaming revenues, including
  840  verifying and accounting for such revenues, auditing, and
  841  collecting taxes and fees.
  842         (g) Requirements for gaming equipment, including the types
  843  and specifications of equipment and devices that may be used in
  844  gaming facilities.
  845         (h)Standards and procedures for table games and table game
  846  devices or associated equipment.
  847         (i)Standards and rules to govern the conduct of gaming and
  848  the system of wagering associated with gaming.
  849         (j)Security standards and procedures for the conduct of
  850  gaming, including the standards and procedures relating to
  851  inspections, maintenance of the count room, and drop boxes.
  852         (k)The size and uniform color by denomination of all chips
  853  used in the conduct of table games.
  854         (l)Internal control systems and audit protocols for the
  855  licensee’s gaming operations, including collection and
  856  recordkeeping requirements.
  857         (m)The method for calculating gross gaming revenue and
  858  standards for the daily counting and recording of cash and cash
  859  equivalents received in the conduct of gaming.
  860         (n)Notice requirements pertaining to minimum and maximum
  861  wagers on games, and other information as the department may
  862  require.
  863         (o) Minimum standards relating to the acceptance of tips or
  864  gratuities by dealers and croupiers at a table game.
  865         (p) Minimum standards for the training of employees and
  866  potential employees of a licensee in the operation of slot
  867  machines and table games, including minimal proficiency
  868  requirements and standards and practices for the use of training
  869  equipment.
  870         (q) Practices and procedures governing the conduct of
  871  tournaments.
  872         (r) Minimum standards relating to a licensee’s extension of
  873  credit to a player.
  874         (s)Standards for the testing, certification, and
  875  inspection of slot machines, table games, and other authorized
  876  gaming devices.
  877         (t) Procedures for regulating, managing, and auditing the
  878  operation, financial data, and program information relating to
  879  gaming which allow the department and the Department of Law
  880  Enforcement to audit the operation, financial data, and program
  881  information of a licensee, as required by the department or the
  882  Department of Law Enforcement, and provide the department and
  883  the Department of Law Enforcement with the ability to monitor,
  884  at any time on a real-time basis, wagering patterns, payouts,
  885  tax collection, and compliance with any rules adopted by the
  886  department for the regulation and control of gaming. Such
  887  continuous and complete access, at any time on a real-time
  888  basis, shall include the ability of either the department or the
  889  Department of Law Enforcement to suspend play immediately on
  890  particular slot machines or other gaming devices if monitoring
  891  of the facilities-based computer system indicates possible
  892  tampering or manipulation of those slot machines or gaming
  893  devices or the ability to suspend play immediately of the entire
  894  operation if the tampering or manipulation is of the computer
  895  system itself. The department or the Department of Law
  896  Enforcement shall notify the board and the executive director of
  897  the Department of Law Enforcement whenever there is a suspension
  898  of play pursuant to this paragraph. The department and the
  899  Department of Law Enforcement shall exchange information that is
  900  necessary for, and cooperate in the investigation of, the
  901  circumstances requiring suspension of play pursuant to this
  902  paragraph.
  903         (u) Procedures for requiring each licensee at his or her
  904  own cost and expense to supply the department with a bond as
  905  required.
  906         (v) The requirements for a destination casino resort
  907  applicant to demonstrate that it has received conceptual
  908  approval for the destination casino resort proposal from the
  909  municipality and county in which the destination casino resort
  910  will be located.
  911         (w) Procedures for requiring licensees to maintain and to
  912  provide to the department records, data, information, or
  913  reports, including financial and income records.
  914         (x) Procedures to calculate the payout percentages of slot
  915  machines.
  916         (y) Minimum standards for security of the facilities,
  917  including floor plans, security cameras, and other security
  918  equipment.
  919         (z) The scope and conditions for investigations and
  920  inspections into the conduct of gaming.
  921         (aa)The standards and procedures for the seizure without
  922  notice or hearing of gaming equipment, supplies, or books and
  923  records for the purpose of examination and inspection.
  924         (bb) Procedures for requiring destination casino resort
  925  licensees, gaming licensees, and supplier licensees to implement
  926  and establish drug-testing programs for employees.
  927         (cc) Procedures and guidelines for the continuous recording
  928  of all gaming activities at a gaming facility. The department
  929  may require a licensee to timely provide all or part of the
  930  original recordings.
  931         (dd)The payment of costs incurred by the department or any
  932  other agencies for investigations or background checks or costs
  933  associated with testing gaming-related equipment, which must be
  934  paid by an applicant for a license or by a licensee.
  935         (ee)Procedures for the levying of fines for violations of
  936  this part or any rule adopted by the department, which fines may
  937  not exceed $250,000 per violation arising out of a single
  938  transaction.
  939         (ff)Any other rules the department finds necessary for
  940  safe, honest, and highly regulated gaming in the state. For
  941  purposes of this paragraph, the department may consider rules
  942  from any other jurisdiction in which gaming is highly regulated.
  943         (gg) Any other rule necessary to accomplish the purposes of
  944  this part.
  945         (3) The board may at any time adopt emergency rules
  946  pursuant to s. 120.54. The Legislature finds that such emergency
  947  rulemaking authority is necessary for the preservation of the
  948  rights and welfare of the people in order to provide additional
  949  funds to benefit the public. The Legislature further finds that
  950  the unique nature of gaming operations requires that, in certain
  951  circumstances, the board be able to respond immediately.
  952  Therefore, in adopting such emergency rules, the department need
  953  not make the health, safety, and welfare findings required under
  954  s. 120.54(4)(a). Emergency rules adopted under this section are
  955  exempt from s. 120.54(4)(c). However, the emergency rules may
  956  not remain in effect for more than 180 days except that the
  957  department may renew the emergency rules during the pendency of
  958  procedures to adopt permanent rules addressing the subject of
  959  the emergency rules.
  960         Section 16. Section 551.0014, Florida Statutes, is created
  961  to read:
  962         551.0014Code of ethics.—
  963         (1) The department shall adopt a code of ethics by rule for
  964  its board members, employees, and agents.
  965         (2) A board member or the executive director may not hold a
  966  direct or indirect interest in, be employed by, or enter into a
  967  contract for services with an applicant or person licensed by
  968  the board or department for a period of 5 years after the date
  969  of termination of the person’s membership on the board or
  970  employment with the department.
  971         (3) An employee of the department may not acquire a direct
  972  or indirect interest in, be employed by, or enter into a
  973  contract for services with an applicant or person licensed by
  974  the board or department for a period of 2 years after the date
  975  of termination of the person’s employment with the department.
  976         (4) A board member or a person employed by the department
  977  may not represent a person or party other than the state before
  978  or against the board or department for a period of 3 years after
  979  the date of termination of the board member’s term of office or
  980  the employee’s period of employment with the department.
  981         (5) A business entity in which a former board member,
  982  employee, or agent has an interest, and any partner, officer, or
  983  employee of that business entity, may not appear before or
  984  represent another person before the board or department if the
  985  former board member, employee, or agent would be prohibited from
  986  doing so. As used in this subsection, the term “business entity”
  987  means a corporation, limited liability company, partnership,
  988  limited liability partnership association, trust, or other form
  989  of legal entity.
  990         (6) A member of the board or an employee or agent of the
  991  department may not, during the duration of his or her
  992  appointment or employment:
  993         (a) Use his or her official authority or influence for the
  994  purpose of interfering with or affecting the result of an
  995  election;
  996         (b) Run for nomination or as a candidate for election to a
  997  partisan or nonpartisan political office; or
  998         (c) Knowingly solicit or discourage the participation in a
  999  political activity of a person who is:
 1000         1. Applying for any compensation, grant, contract, ruling,
 1001  license, permit, or certificate pending before the board or
 1002  department; or
 1003         2. The subject of or a participant in an ongoing audit,
 1004  investigation, or enforcement action being carried out by the
 1005  department.
 1006         (7) A former member of the board or an employee or agent of
 1007  the department may appear before the board as a witness
 1008  testifying as to factual matters or actions handled by the
 1009  former member, employee, or agent during his or her tenure with
 1010  the board or department. However, the former member of the board
 1011  or the employee or agent of the department may not receive
 1012  compensation for the appearance other than a standard witness
 1013  fee and reimbursement for travel expenses as established by
 1014  statute or rules governing administrative proceedings before the
 1015  Division of Administrative Hearings.
 1016         (8)(a) The executive director must approve outside
 1017  employment for an employee of the department.
 1018         (b) An employee of the department granted permission for
 1019  outside employment may not conduct any business or perform any
 1020  activities, including solicitation, related to outside
 1021  employment on premises used by the department or department or
 1022  during the employee’s working hours for the department.
 1023         (c) As used in this subsection, the term “outside
 1024  employment” includes, but is not limited to:
 1025         1. Operating a proprietorship;
 1026         2. Participating in a partnership or group business
 1027  enterprise; or
 1028         3. Performing as a director or corporate officer of any
 1029  for-profit corporation or banking or credit institution.
 1030         (9) A member of the board or an employee or agent of the
 1031  department may not participate in or wager on any game conducted
 1032  by any destination casino resort licensee or applicant or any
 1033  affiliate of a licensee or applicant regulated by the department
 1034  in this state or in any other jurisdiction, except as required
 1035  as part of his or her surveillance, security, or other official
 1036  duties.
 1037         Section 17. Section 551.0015, Florida Statutes, is created
 1038  to read:
 1039         551.0015 Disclosures by members, employees, and agents.—
 1040         (1) BOARD MEMBERS.—
 1041         (a) Each member must comply with chapter 112 and shall file
 1042  full and public disclosure of financial interests at the times
 1043  and places and in the same manner required of elected
 1044  constitutional officers under s. 8, Art. II of the State
 1045  Constitution and any law implementing s. 8, Art. II of the State
 1046  Constitution.
 1047         (b) Each member must disclose information required by rules
 1048  of the department to ensure the integrity of the board and its
 1049  work.
 1050         (c) By January 1 of each year, each member must file a
 1051  statement with the department:
 1052         1. Affirming that neither the member, nor the member’s
 1053  spouse, parent, child, or child’s spouse, is a member of the
 1054  board of directors of, financially interested in, or employed by
 1055  an applicant or destination casino resort licensee.
 1056         2. Affirming that the member is in compliance with this
 1057  part and the rules of the department.
 1058         3. Disclosing any legal or beneficial interest in real
 1059  property that is or may be directly or indirectly involved with
 1060  activities or persons regulated by the department.
 1061         (d) Each member must disclose involvement with any gaming
 1062  interest in the 3 years preceding appointment as a member.
 1063         (2) EMPLOYEES AND AGENTS.—
 1064         (a) The executive director and each managerial employee and
 1065  agent, as determined by the board, must file a financial
 1066  disclosure statement pursuant to s. 112.3145. All employees and
 1067  agents must comply with chapter 112.
 1068         (b) The executive director and each managerial employee and
 1069  agent identified by rule of the department must disclose
 1070  information required by rules of the department to ensure the
 1071  integrity of the department and its work.
 1072         (c) By January 31 of each year, each employee and agent of
 1073  the department must file a statement with the department:
 1074         1. Affirming that neither the employee, nor the employee’s
 1075  spouse, parent, child, or child’s spouse, is financially
 1076  interested in or employed by an applicant or licensee.
 1077         2. Affirming that he or she does not have any financial
 1078  interest prohibited by laws or rules administered by the
 1079  department.
 1080         3. Disclosing any legal or beneficial interest in real
 1081  property that is or may be directly or indirectly involved with
 1082  activities or persons regulated by the department.
 1083         (d) Each employee or agent of the department must disclose
 1084  involvement with any gaming interest during the 3 years before
 1085  employment.
 1086         (e) The department shall require a prospective employee to
 1087  submit an application and a personal disclosure on a form
 1088  prescribed by the department, which must include a complete
 1089  criminal history, including convictions and current charges for
 1090  all felonies and misdemeanors; undergo testing that detects the
 1091  presence of illegal substances in the body; provide fingerprints
 1092  and a photograph consistent with standards adopted by state law
 1093  enforcement agencies; and provide authorization for the
 1094  department to conduct a credit and background check. The
 1095  department shall verify the identification, employment and
 1096  education of each prospective employee, including his or her
 1097  legal name and any alias; all secondary and postsecondary
 1098  educational institutions attended, regardless of graduation
 1099  status; place of residence; and employment history.
 1100         (3) The department may not hire a prospective employee if
 1101  the prospective employee has been convicted of a felony;
 1102  convicted of a misdemeanor within 10 years of the date of his or
 1103  her application which the board determines bears a close
 1104  relationship to the duties and responsibilities of the position
 1105  for which employment is sought; or dismissed from prior
 1106  employment for gross misconduct or incompetence or if he or she
 1107  intentionally made a false statement concerning a material fact
 1108  in connection with his or her application to the department. If
 1109  an employee of the department is charged with a felony while
 1110  employed by the department, the department shall suspend the
 1111  employee, with or without pay, and terminate employment with the
 1112  department upon conviction. If an employee of the department is
 1113  charged with a misdemeanor while employed by the department, the
 1114  department shall suspend the employee, with or without pay, and
 1115  may terminate employment with the department upon conviction if
 1116  the board determines that the offense for which he or she has
 1117  been convicted bears a close relationship to the duties and
 1118  responsibilities of the position held with the department.
 1119         (4) CIRCUMSTANCES REQUIRING IMMEDIATE DISCLOSURE.—
 1120         (a) A member of the board or an employee or agent of the
 1121  department who becomes aware that a member of the board or an
 1122  employee or agent of the department or his or her spouse,
 1123  parent, or child is a member of the board of directors of,
 1124  financially interested in, or employed by an applicant or
 1125  licensee must immediately provide detailed written notice to the
 1126  Inspector General and the executive director.
 1127         (b) A member of the board or an employee or agent of the
 1128  department must immediately provide detailed written notice of
 1129  the circumstances to the Inspector General and the executive
 1130  director if the member, employee, or agent is indicted, charged
 1131  with, convicted of, pleads guilty or nolo contendere to, or
 1132  forfeits bail for:
 1133         1. A misdemeanor involving gambling, dishonesty, theft, or
 1134  fraud;
 1135         2. A violation of any law in any state, or a law of the
 1136  United States or any other jurisdiction, involving gambling,
 1137  dishonesty, theft, or fraud which substantially corresponds to a
 1138  misdemeanor in this state; or
 1139         3. A felony under the laws of this or any other state, the
 1140  United States, or any other jurisdiction.
 1141         (c) A member of the board or an employee or agent of the
 1142  department who is negotiating for an interest in a licensee or
 1143  an applicant, or is affiliated with such a person, must
 1144  immediately provide written notice of the details of the
 1145  interest to the Inspector General and the executive director.
 1146  The member of the board or the employee or agent of the
 1147  department may not act on behalf of the board or department with
 1148  respect to that person.
 1149         (d) A member of the board or an employee or agent of the
 1150  department may not enter into negotiations for employment with
 1151  any person or affiliate of any person who is an applicant,
 1152  licensee, or affiliate. If a member of the board or an employee
 1153  or agent of the department enters into negotiations for
 1154  employment in violation of this paragraph or receives an
 1155  invitation, written or oral, to initiate a discussion concerning
 1156  employment with any person who is a licensee, applicant, or
 1157  affiliate, he or she must immediately provide written notice of
 1158  the details of any such negotiations or discussions to the
 1159  Inspector General and the executive director. The member of the
 1160  board or the employee or agent of the department may not take
 1161  any action on behalf of the board or department with respect to
 1162  that licensee or applicant.
 1163         (e) A licensee or applicant may not knowingly initiate a
 1164  negotiation for, or discussion of, employment with a member of
 1165  the board or an employee or agent of the department. A licensee
 1166  or applicant who initiates a negotiation or discussion about
 1167  employment shall immediately provide written notice of the
 1168  details of the negotiation or discussion to the Inspector
 1169  General and the executive director as soon as that person
 1170  becomes aware that the negotiation or discussion has been
 1171  initiated with a member of the board or an employee or agent of
 1172  the department.
 1173         (f) A member of the board or an employee or agent of the
 1174  department, or a parent, spouse, sibling, or child of a member
 1175  of the board or an employee or agent of the department, may not
 1176  accept any gift, gratuity, compensation, travel, lodging, or
 1177  anything of value, directly or indirectly, from a licensee,
 1178  applicant, or affiliate or representative of a person regulated
 1179  by the department. A licensee, applicant, or affiliate or
 1180  representative of an applicant or licensee may not, directly or
 1181  indirectly, knowingly give or offer to give any gift, gratuity,
 1182  compensation, travel, lodging, or anything of value to a member
 1183  of the board or an employee or agent of the department, or to a
 1184  parent, spouse, sibling, or child of a member of the board or an
 1185  employee or agent of the department, which the member, employee,
 1186  or agent is prohibited from accepting in this paragraph. A
 1187  member of the board or an employee or agent of the department
 1188  who is offered or receives any gift, gratuity, compensation,
 1189  travel, lodging, or anything of value, directly or indirectly,
 1190  from any licensee, applicant, or affiliate or representative of
 1191  a person regulated by the department must immediately provide
 1192  written notice of the details to the Inspector General and the
 1193  executive director.
 1194         (g) A member of the board or an employee or agent of the
 1195  department may not engage in any conduct that constitutes a
 1196  conflict of interest and must immediately provide to the
 1197  Inspector General and the executive director in writing the
 1198  details of any incident or circumstance that would suggest the
 1199  existence of a conflict of interest with respect to the
 1200  performance of department-related work or duty of the member of
 1201  the board or an employee or agent of the department.
 1202         (h) A member of the board or an employee or agent of the
 1203  department who is approached and offered a bribe must
 1204  immediately provide written notice of the details of the
 1205  incident to the Inspector General and the executive director and
 1206  to a law enforcement agency having jurisdiction over the matter.
 1207         Section 18. Section 551.0016, Florida Statutes, is created
 1208  to read:
 1209         551.0016 Ex parte communication.—
 1210         (1) A licensee, applicant, or affiliate or representative
 1211  of an applicant or licensee may not engage directly or
 1212  indirectly in ex parte communication concerning a pending
 1213  application, license, or enforcement action with a board member
 1214  or concerning a matter that likely will be pending before the
 1215  board. A board member may not engage directly or indirectly in
 1216  any ex parte communication concerning a pending application,
 1217  license, or enforcement action with members, or with a licensee,
 1218  applicant, or affiliate or representative of an applicant or
 1219  licensee, or concerning a matter that likely will be pending
 1220  before the board.
 1221         (2) A board member, licensee, applicant, or affiliate or
 1222  representative of a board member, licensee, or applicant who
 1223  receives any ex parte communication in violation of subsection
 1224  (1), or who is aware of an attempted communication in violation
 1225  of subsection (1), must immediately report details of the
 1226  communication or attempted communication in writing to the
 1227  chair.
 1228         (3) If a board member knowingly receives an ex parte
 1229  communication, he or she must place on the record copies of all
 1230  written communication received, copies of all written responses
 1231  to the communication, and a memorandum stating the substance of
 1232  all oral communication received and all oral responses made, and
 1233  shall give written notice to all parties to the communication
 1234  that such matters have been placed on the record. Any party who
 1235  desires to respond to a notice of an ex parte communication may
 1236  do so. The response must be received by the board within 10 days
 1237  after receiving notice that the ex parte communication has been
 1238  placed on the record. If a board member deems it necessary to
 1239  eliminate the effect of an ex parte communication received by
 1240  him or her, the member may withdraw from the proceeding
 1241  potentially impacted by the ex parte communication. If a board
 1242  member withdraws from the proceeding, the chair shall designate
 1243  another member for the proceeding if it was not assigned to the
 1244  full board.
 1245         (4) An individual who makes an ex parte communication must
 1246  submit to the board a written statement describing the nature of
 1247  the communication, including the name of the person making the
 1248  communication, the name of the board member or members receiving
 1249  the communication, copies of all written communication, all
 1250  written responses to such communication, and a memorandum
 1251  stating the substance of all oral communication received and all
 1252  oral responses made. The board shall place on the record of a
 1253  proceeding all such communication.
 1254         (5) A board member who knowingly fails to place any ex
 1255  parte communication on the record within 15 days after the date
 1256  of the communication in violation of this section is subject to
 1257  removal and may be assessed a civil penalty not to exceed
 1258  $25,000.
 1259         (6) The Commission on Ethics shall receive and investigate
 1260  sworn complaints of violations of this section pursuant to ss.
 1261  112.321-112.3241.
 1262         (7) If the Commission on Ethics finds that a board member
 1263  has violated this section, it shall provide the Governor with a
 1264  report of its findings and recommendations. The Governor may
 1265  enforce the findings and recommendations of the Commission on
 1266  Ethics pursuant to part III of chapter 112.
 1267         (8) If a board member fails or refuses to pay the
 1268  Commission on Ethics any civil penalties assessed pursuant to
 1269  this section, the Commission on Ethics may bring an action in
 1270  any circuit court to enforce such penalty.
 1271         (9) If, during the course of an investigation by the
 1272  Commission on Ethics into an alleged violation of this section,
 1273  allegations are made as to the identity of the person who
 1274  participated in the ex parte communication, that person must be
 1275  given notice and an opportunity to participate in the
 1276  investigation and relevant proceedings to present a defense. If
 1277  the Commission on Ethics determines that the person participated
 1278  in the ex parte communication, the person may not appear before
 1279  the board or otherwise represent anyone before the board for 2
 1280  years.
 1281         Section 19. Section 551.0017, Florida Statutes, is created
 1282  to read:
 1283         551.0017 Penalties for misconduct by a member, employee, or
 1284  agent.—
 1285         (1) A violation of this chapter by a board member may
 1286  constitute cause for removal by the Governor or other
 1287  disciplinary action as determined by the board.
 1288         (2) A violation of this chapter by an employee or agent of
 1289  the department does not require termination of employment or
 1290  other disciplinary action if:
 1291         (a) The board determines that the conduct involved does not
 1292  violate the purposes of this chapter; or
 1293         (b) There was no intentional action on the part of the
 1294  employee or agent, contingent on divestment of any financial
 1295  interest within 60 days after the interest was acquired.
 1296         (3) Notwithstanding subsection (2), an employee or agent of
 1297  the department who violates this chapter shall be terminated if
 1298  a financial interest in a licensee, applicant, or affiliate or
 1299  representative of a licensee or applicant is acquired by:
 1300         (a) An employee of the department; or
 1301         (b) The employee’s or agent’s spouse, parent, or child.
 1302         (4) A violation of this chapter does not create a civil
 1303  cause of action.
 1304         Section 20.  Section 551.0018, Florida Statutes, is created
 1305  to read:
 1306         551.0018 Judicial review.—
 1307         (1) As authorized under s. 4(b)(2), Art. V of the State
 1308  Constitution, the First District Court of Appeal shall, upon
 1309  petition, review any action of the board.
 1310         (2) Notice of such review shall be given by the petitioner
 1311  to all parties who entered appearances of record in the
 1312  proceedings before the board in which the order sought to be
 1313  reviewed was made.
 1314         (3) Such parties may file briefs in support of their
 1315  interests, as such interests may appear, within the time and in
 1316  the manner provided by the Florida Rules of Appellate Procedure.
 1317         (4) Such parties shall be entitled as a matter of right to
 1318  make oral argument in support of their interests, as such
 1319  interests may appear, in any case in which oral argument is
 1320  granted by the court on the application of the petitioner or the
 1321  respondent.
 1322         Section 21. Part II of chapter 551, Florida Statutes,
 1323  consisting of sections 551.011-551.095, Florida Statutes, is
 1324  created and entitled “Pari-mutuel Wagering.
 1325         Section 22. Section 551.011, Florida Statutes, is created
 1326  to read:
 1327         551.011 Short title.—This part may be cited as the “Florida
 1328  Pari-mutuel Wagering Act.”
 1329         Section 23. Section 551.012, Florida Statutes, is created
 1330  to read:
 1331         551.012 Definitions.—As used in this chapter, the term:
 1332         (1) “Breaks” means the portion of a pari-mutuel pool
 1333  computed by rounding down to the nearest multiple of 10 cents
 1334  which is not distributed to the contributors or withheld by the
 1335  permitholder as takeout.
 1336         (2) “Breeder and stallion awards” means financial
 1337  incentives paid to encourage the agricultural industry of
 1338  breeding racehorses in this state.
 1339         (3) “Broadcast” means an electronic transmission in any
 1340  medium or manner, including, but not limited to, community
 1341  antenna systems that receive and retransmit television or radio
 1342  signals by wire, cable, or otherwise to televisions or radios,
 1343  and cable origination networks or programmers that transmit
 1344  programming to community antenna televisions or closed-circuit
 1345  systems by wire, cable, satellite, or otherwise.
 1346         (4) “Contributor” means a person who contributes to a pari
 1347  mutuel pool by engaging in a pari-mutuel wager.
 1348         (5) “Current meet” or “current race meet” means the conduct
 1349  of racing or games pursuant to a current year’s operating
 1350  license issued by the department.
 1351         (6) “Department” means the Department of Gaming Control.
 1352         (7) “Event” means a single race or game within a
 1353  performance.
 1354         (8) “Exotic pools” means wagering pools into which a
 1355  contributor may place a wager on more than one entry or on more
 1356  than one event in the same bet, including, but not limited to,
 1357  daily doubles, perfectas, quinielas, quiniela daily doubles,
 1358  exactas, trifectas, and Big Q pools.
 1359         (9) “Fronton” means a building or enclosure that contains a
 1360  playing court with three walls designed and constructed for
 1361  playing the sport of jai alai.
 1362         (10) “Full schedule of live events” means the minimum
 1363  number of live racing or games that must be conducted by a
 1364  permitholder. A live performance, consisting of at least eight
 1365  events, must be conducted at least three times each week at the
 1366  permitholder’s licensed facility.
 1367         (11) “Guest track” means a track or fronton receiving or
 1368  accepting an intertrack wager.
 1369         (12) “Handle” means the aggregate contributions to pari
 1370  mutuel pools.
 1371         (13) “Harness racing” means the racing of standardbred
 1372  horses using a pacing or trotting gait in which each horse pulls
 1373  a two-wheeled cart, called a sulky, which is guided by a driver.
 1374         (14) “Horseracing permitholder” means:
 1375         (a) A thoroughbred entity that received a permit under this
 1376  chapter to conduct pari-mutuel wagering meets of thoroughbred
 1377  racing;
 1378         (b) A harness entity that received a permit under this
 1379  chapter to conduct pari-mutuel wagering meets of harness racing;
 1380  or
 1381         (c) A quarter horse entity that received a permit under
 1382  this chapter to conduct pari-mutuel wagering meets of quarter
 1383  horse racing.
 1384         (15) “Host track” means a track or fronton that broadcasts
 1385  a live event or rebroadcasts a simulcast event that is the
 1386  subject of an intertrack wager.
 1387         (16) “Intertrack wager” means a wager accepted at a pari
 1388  mutuel facility on a live event that is broadcast to the pari
 1389  mutuel facility or on a simulcast event that is rebroadcast to
 1390  the pari-mutuel facility from an in-state pari-mutuel facility.
 1391         (17) “Jai alai” means a ball game of Spanish origin played
 1392  on a court with three walls and includes the term “pelota.”
 1393         (18) “Live event,” “live game,” “live race,” or “live
 1394  performance” means such event or performance conducted live at
 1395  the referenced pari-mutuel facility and excludes broadcast and
 1396  simulcast events.
 1397         (19) “Live handle” means the handle from wagers placed at a
 1398  pari-mutuel facility on the live events conducted at that
 1399  facility and excludes intertrack wagering.
 1400         (20) “Market area” means an area within 25 miles of a
 1401  permitholder’s track or fronton.
 1402         (21) “Meet” or “meeting” means live events for any stake,
 1403  purse, prize, or premium.
 1404         (22) “Net pool pricing” means a method of calculating
 1405  prices awarded to winning wagers relative to the contribution,
 1406  net of takeouts, to a pool by each participating jurisdiction
 1407  or, as applicable, each site.
 1408         (23) “Operating day” means a continuous period of 24 hours
 1409  which starts at the beginning of the first performance event. If
 1410  an operating day starts during one calendar day and extends past
 1411  midnight, a greyhound race or jai alai game may not begin after
 1412  1:30 a.m. on that operating day.
 1413         (24) “Pari-mutuel facility” means a racetrack, fronton, or
 1414  other facility used by a permitholder for the conduct of pari
 1415  mutuel wagering.
 1416         (25) “Pari-mutuel pool” means the total amount wagered on
 1417  an event for a single possible result.
 1418         (26) “Pari-mutuel wagering” means a system of betting on
 1419  events in which the winners divide the total amount bet, after
 1420  deducting management expenses and taxes, in proportion to the
 1421  sums they have wagered individually and with regard to the odds
 1422  assigned to particular outcomes.
 1423         (27) “Performance” means a series of at least eight events
 1424  performed consecutively as one program.
 1425         (28) “Post time” means the time set for the arrival at the
 1426  starting point of the horses or greyhounds in a race or the
 1427  beginning of a game in jai alai.
 1428         (29) “Purse” means the cash portion of the prize for which
 1429  an event is contested.
 1430         (30) “Quarter horse” means a breed of horse developed in
 1431  the western United States which is capable of high speed for a
 1432  short distance and used in quarter horse racing registered with
 1433  the American Quarter Horse Association.
 1434         (31) “Racing greyhound” or “greyhound” means a greyhound
 1435  dog registered with the National Greyhound Association which is
 1436  or was used, or is being bred, raised, or trained to be used, in
 1437  racing at a pari-mutuel facility.
 1438         (32) “Same class of races, games, or permit” means:
 1439         (a) With respect to a jai alai permitholder, jai alai games
 1440  or other jai alai permitholders;
 1441         (b) With respect to a greyhound racing permitholder,
 1442  greyhound races or other greyhound racing permitholders;
 1443         (c) With respect to a thoroughbred racing permitholder,
 1444  thoroughbred races or other thoroughbred racing permitholders;
 1445         (d) With respect to a harness racing permitholder, harness
 1446  races or other harness racing permitholders; and
 1447         (e) With respect to a quarter horse racing permitholder,
 1448  quarter horse races or other quarter horse racing permitholders.
 1449         (33) “Simulcasting” means the live broadcast of events
 1450  occurring live at an in-state location to an out-of-state
 1451  location, or receiving at an in-state location a live broadcast
 1452  of events occurring live at an out-of-state location.
 1453         (34) “Standardbred horse” means a pacing or trotting horse
 1454  used in harness racing which has been registered as a
 1455  standardbred by the United States Trotting Association or by a
 1456  foreign registry whose stud book is recognized by the United
 1457  States Trotting Association.
 1458         (35) “Takeout” means the percentage of the pari-mutuel
 1459  pools deducted by the permitholder before the distribution of
 1460  the pool.
 1461         (36) “Thoroughbred” means a purebred horse whose ancestry
 1462  can be traced back to one of three foundation sires and whose
 1463  pedigree is registered in the American Stud Book or in a foreign
 1464  stud book that is recognized by the Jockey Club and the
 1465  International Stud Book Committee.
 1466         (37) “Totalisator” means the computer system used to
 1467  accumulate wagers, record sales, calculate payoffs, and display
 1468  wagering data on a display device that is located at a pari
 1469  mutuel facility.
 1470         (38) “Ultimate equitable owner” means a natural person who,
 1471  directly or indirectly, owns or controls 5 percent or more of an
 1472  ownership interest in a corporation, foreign corporation, or
 1473  alien business organization, regardless of whether such person
 1474  owns or controls such ownership through one or more natural
 1475  persons or one or more proxies, powers of attorney, nominees,
 1476  corporations, associations, partnerships, trusts, joint stock
 1477  companies, or other entities or devices, or any combination
 1478  thereof.
 1479         Section 24. Section 551.013, Florida Statutes, is created
 1480  to read:
 1481         551.013 Pari-mutuel wagering authorized; distribution of
 1482  pool; prohibited purchase.—
 1483         (1) Wagering on the results of a horserace or greyhound
 1484  race or on the scores or points of a jai alai game and the sale
 1485  of tickets or other evidences showing an interest in or a
 1486  contribution to a pari-mutuel pool are allowed only within the
 1487  enclosure of a pari-mutuel facility licensed and operating under
 1488  this chapter, must be supervised by the department, are subject
 1489  to such reasonable rules that the department prescribes, and are
 1490  prohibited elsewhere in this state.
 1491         (2) The permitholder’s share of the takeout is that portion
 1492  of the takeout that remains after the pari-mutuel tax imposed
 1493  upon the contributions to the pari-mutuel pool is deducted from
 1494  the takeout and paid by the permitholder. The takeout is
 1495  deducted from all pari-mutuel pools but may be different
 1496  depending on the type of pari-mutuel pool. The permitholder
 1497  shall inform the patrons, either through the official program or
 1498  via the posting of signs at conspicuous locations, as to the
 1499  takeout currently being applied to handle at the facility.
 1500         (3) After deducting the takeout and the breaks, a pari
 1501  mutuel pool must be redistributed to the contributors.
 1502         (4) Redistribution of funds otherwise distributable to the
 1503  contributors of a pari-mutuel pool must be a sum equal to the
 1504  next lowest multiple of 10 on all races and games.
 1505         (5) A distribution of a pari-mutuel pool may not be made of
 1506  the breaks.
 1507         (6) A person or corporation may not directly or indirectly
 1508  purchase pari-mutuel tickets or participate in the purchase of
 1509  any part of a pari-mutuel pool for another for hire or for any
 1510  gratuity. A person may not purchase any part of a pari-mutuel
 1511  pool through another if she or he gives or pays directly or
 1512  indirectly such other person anything of value. Any person who
 1513  violates this subsection commits a misdemeanor of the second
 1514  degree, punishable as provided in s. 775.082 or s. 775.083.
 1515         Section 25. Section 551.014, Florida Statutes, is created
 1516  to read:
 1517         551.014 Powers and duties of the department.—
 1518         (1) The department may collect taxes and require compliance
 1519  with reporting requirements for financial information as
 1520  authorized by this chapter. In addition, the department may
 1521  require permitholders conducting pari-mutuel operations within
 1522  the state to remit taxes, including fees, by electronic funds
 1523  transfer if the total taxes and fees were $50,000 or more in the
 1524  preceding reporting year.
 1525         (2) The department shall administer this chapter and
 1526  regulate the pari-mutuel industry under this chapter and the
 1527  rules adopted pursuant thereto. The department:
 1528         (a) Shall make an annual report to the Governor, the
 1529  President of the Senate, and the Speaker of the House of
 1530  Representatives showing its own actions, receipts derived under
 1531  this chapter, the practical effects of the application of this
 1532  chapter, and any suggestions it may have to more effectively
 1533  achieve the purposes of this chapter.
 1534         (b) Shall require an oath on application documents as
 1535  required by rule, which oath must state that the information
 1536  contained in the document is true and complete.
 1537         (c) Shall adopt and uniformly apply reasonable rules for
 1538  the control, supervision, and direction of applicants,
 1539  permitholders, and licensees and for the holding, conducting,
 1540  and operating of all pari-mutuel events held in this state.
 1541         (d) May take testimony concerning any matter within its
 1542  jurisdiction and issue summons and subpoenas for any witness and
 1543  subpoenas duces tecum in connection with any matter within the
 1544  jurisdiction of the department under its seal and signed by the
 1545  director.
 1546         (e) May adopt rules establishing procedures for testing
 1547  occupational licensees officiating at or participating in any
 1548  event at any pari-mutuel facility under the jurisdiction of the
 1549  department for a controlled substance or alcohol and may
 1550  prescribe procedural matters not in conflict with s.
 1551  120.80(19)(a).
 1552         (f) May exclude any person from any and all pari-mutuel
 1553  facilities in this state for conduct that, if the person were a
 1554  licensee, would constitute a violation of this chapter or the
 1555  rules of the department. The department may exclude from any
 1556  pari-mutuel facility within this state any person who has been
 1557  ejected from a pari-mutuel facility in this state or who has
 1558  been excluded from any pari-mutuel facility in another state by
 1559  the governmental department, agency, commission, or authority
 1560  exercising regulatory jurisdiction over pari-mutuel facilities
 1561  in such other state. The department may authorize any person who
 1562  has been ejected or excluded from pari-mutuel facilities in this
 1563  state or another state to attend the pari-mutuel facilities in
 1564  this state upon a finding that the attendance of such person at
 1565  pari-mutuel facilities would not be adverse to the public
 1566  interest or to the integrity of the sport or industry. This
 1567  paragraph does not abrogate the common-law right of a pari
 1568  mutuel permitholder to exclude absolutely a patron in this
 1569  state.
 1570         (g) May oversee the making of and distribution from all
 1571  pari-mutuel pools.
 1572         (h) May conduct investigations in enforcing this chapter,
 1573  except that all information obtained pursuant to an
 1574  investigation by the department for an alleged violation of this
 1575  chapter or rules of the department is exempt from s. 119.07(1)
 1576  and s. 24(a), Art. I of the State Constitution until an
 1577  administrative complaint is issued or the investigation is
 1578  closed or ceases to be active. This paragraph does not prohibit
 1579  the department from providing such information to any law
 1580  enforcement agency or to any other regulatory agency. For the
 1581  purposes of this paragraph, an investigation is considered to be
 1582  active while it is being conducted with reasonable dispatch and
 1583  with a reasonable, good faith belief that it could lead to an
 1584  administrative, civil, or criminal action by the department or
 1585  another administrative or law enforcement agency. Except for
 1586  active criminal intelligence or criminal investigative
 1587  information as defined in s. 119.011 and any other information
 1588  that, if disclosed, would jeopardize the safety of an
 1589  individual, all information, records, and transcriptions become
 1590  public when the investigation is closed or ceases to be active.
 1591         (i) May impose an administrative fine for a violation under
 1592  this chapter of not more than $1,000 for each count or separate
 1593  offense, except as otherwise provided in this chapter, and may
 1594  suspend or revoke a permit, a pari-mutuel license, or an
 1595  occupational license for a violation under this chapter. A
 1596  penalty imposed under this paragraph does not exclude a
 1597  prosecution for cruelty to animals or for any other criminal
 1598  act. All fines imposed and collected under this paragraph shall
 1599  be remitted to the Chief Financial Officer for deposit into the
 1600  General Revenue Fund.
 1601         (j) Shall supervise and regulate the welfare of racing
 1602  animals at pari-mutuel facilities.
 1603         (k) May make, adopt, amend, or repeal rules relating to
 1604  cardroom operations; enforce and carry out the provisions of s.
 1605  551.20; and regulate authorized cardroom activities in the
 1606  state.
 1607         (l) May suspend a permitholder’s permit or license if such
 1608  permitholder is operating a cardroom facility and such
 1609  permitholder’s cardroom license has been suspended or revoked
 1610  pursuant to s. 551.21.
 1611         Section 26. Section 551.018, Florida Statutes, is created
 1612  to read:
 1613         551.018 Local government taxes and fees on pari-mutuel
 1614  wagering.—The tax imposed by s. 551.301 is in lieu of all
 1615  license, excise, or occupational taxes to the state or any
 1616  county, municipality, or other political subdivision. However, a
 1617  municipality may assess and collect an additional tax against
 1618  any person conducting live events within its corporate limits,
 1619  which tax may not exceed $150 per day for horseracing or $50 per
 1620  day for greyhound racing or jai alai. Except as provided in this
 1621  chapter, a municipality may not assess or collect any additional
 1622  excise or revenue tax against any person conducting race
 1623  meetings within the corporate limits of the municipality or
 1624  against any patron of any such person.
 1625         Section 27. Section 551.021, Florida Statutes, is created
 1626  to read:
 1627         551.021 Application for permit to conduct pari-mutuel
 1628  wagering.—
 1629         (1) Any person who possesses the qualifications prescribed
 1630  in this chapter may apply to the department for a permit to
 1631  conduct pari-mutuel operations under this chapter. Applications
 1632  for a pari-mutuel permit are exempt from the 90-day licensing
 1633  requirement of s. 120.60. Within 120 days after receipt of a
 1634  complete application, the department shall grant or deny the
 1635  permit. A completed application that is not acted upon within
 1636  120 days after receipt is deemed approved, and the department
 1637  shall grant the permit.
 1638         (2) Upon each application filed and approved, a permit
 1639  shall be issued to the applicant setting forth the name of the
 1640  permitholder, the location of the pari-mutuel facility, the type
 1641  of pari-mutuel activity desired to be conducted, and a statement
 1642  showing qualifications of the applicant to conduct pari-mutuel
 1643  performances under this chapter; however, a permit does not
 1644  authorize any pari-mutuel performances until approved by a
 1645  majority of the electors participating in a ratification
 1646  election in the county in which the applicant proposes to
 1647  conduct pari-mutuel wagering activities. An application may not
 1648  be considered, nor may a permit be issued by the department or
 1649  be voted upon in any county, to conduct horseraces, harness
 1650  races, or greyhound races at a location within 100 miles of an
 1651  existing pari-mutuel facility, or for jai alai within 50 miles
 1652  of an existing pari-mutuel facility. Such distance shall be
 1653  measured on a straight line from the nearest property line of
 1654  one pari-mutuel facility to the nearest property line of the
 1655  other facility.
 1656         (3) The department shall require that each applicant submit
 1657  an application that includes:
 1658         (a) The full name of the applicant.
 1659         (b) If a corporation, the name of the state in which
 1660  incorporated and the names and addresses of the officers,
 1661  directors, and shareholders holding 5 percent or more equity or,
 1662  if a business entity other than a corporation, the names and
 1663  addresses of the principals, partners, or shareholders holding 5
 1664  percent or more equity.
 1665         (c) The names and addresses of the ultimate equitable
 1666  owners for a corporation or other business entity, if different
 1667  from those provided under paragraph (b), unless the securities
 1668  of the corporation or entity are registered pursuant to s. 12 of
 1669  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and
 1670  if such corporation or entity files with the United States
 1671  Securities and Exchange Commission the reports required by s. 13
 1672  of that act or if the securities of the corporation or entity
 1673  are regularly traded on an established securities market in the
 1674  United States.
 1675         (d) The exact location where the applicant will conduct
 1676  pari-mutuel performances.
 1677         (e) Whether the pari-mutuel facility is owned or leased
 1678  and, if leased, the name and residence of the fee owner or, if a
 1679  corporation, the names and addresses of the directors and
 1680  stockholders thereof. However, this chapter does not prevent a
 1681  person from applying to the department for a permit to conduct
 1682  pari-mutuel operations, regardless of whether the pari-mutuel
 1683  facility has been constructed, and having an election held in
 1684  any county at the same time that elections are held for the
 1685  ratification of any permit in that county.
 1686         (f) A statement of the assets and liabilities of the
 1687  applicant.
 1688         (g) The names and addresses of any mortgagee of any pari
 1689  mutuel facility and any financial agreement between the parties.
 1690  The department may require the names and addresses of the
 1691  officers and directors of the mortgagee and of those
 1692  stockholders who hold more than 10 percent of the stock of the
 1693  mortgagee.
 1694         (h) A business plan for the first year of operation.
 1695         (i) For each individual listed in the application as an
 1696  owner, partner, officer, or director, a complete set of
 1697  fingerprints taken by an authorized law enforcement officer. The
 1698  set of fingerprints must be submitted to the Federal Bureau of
 1699  Investigation for processing. An applicant who is a foreign
 1700  national shall submit such documents as necessary to allow the
 1701  department to conduct a criminal history records check in the
 1702  applicant’s home country. The applicant must pay the cost of
 1703  processing. The department may charge a $2 handling fee for each
 1704  set of fingerprint records.
 1705         (j) The type of pari-mutuel activity to be conducted and
 1706  the desired period of operation.
 1707         (k) Other information the department requires.
 1708         (4) The department shall require each applicant to deposit
 1709  with the board of county commissioners of the county in which
 1710  the election is to be held a sufficient sum, in currency or by
 1711  check certified by a bank licensed to do business in the state,
 1712  to pay the expenses of holding the election provided in s.
 1713  551.0221.
 1714         (5) Upon receiving an application and any amendments
 1715  properly made thereto, the department shall further investigate
 1716  the matters contained in the application. If the applicant meets
 1717  all requirements, conditions, and qualifications set forth in
 1718  this chapter and the rules of the department, the department
 1719  shall grant the permit.
 1720         (6) After initial approval of the permit and the source of
 1721  financing, the terms and parties of any subsequent refinancing
 1722  must be disclosed by the applicant or the permitholder to the
 1723  department.
 1724         (7) If the department refuses to grant the permit, the
 1725  money deposited with the board of county commissioners for
 1726  holding the election must be refunded to the applicant. If the
 1727  department grants the permit applied for, the board of county
 1728  commissioners shall order an election for ratification of the
 1729  permit in the county, as provided in s. 551.0221.
 1730         (8)(a) The department may charge the applicant for
 1731  reasonable, anticipated costs incurred by the department in
 1732  determining the eligibility of any person or entity specified in
 1733  s. 551.029 to hold any pari-mutuel permit.
 1734         (b) The department may, by rule, determine the manner of
 1735  paying its anticipated costs associated with determination of
 1736  eligibility and the procedure for filing applications for
 1737  determination of eligibility.
 1738         (c) The department shall furnish to the applicant an
 1739  itemized statement of actual costs incurred during the
 1740  investigation to determine eligibility.
 1741         (d) If unused funds remain at the conclusion of such
 1742  investigation, they must be returned to the applicant within 60
 1743  days after the determination of eligibility has been made.
 1744         (e) If the actual costs of investigation exceed anticipated
 1745  costs, the department shall assess the applicant the amount
 1746  necessary to recover all actual costs.
 1747         (9) After a permit has been granted by the department and
 1748  has been ratified and approved by the majority of the electors
 1749  participating in the election in the county designated in the
 1750  permit, the department shall grant to the lawful permitholder,
 1751  subject to the conditions of 39this chapter, a license to
 1752  conduct pari-mutuel operations under this chapter, and, except
 1753  as provided in s. 551.0521, the department shall fix annually
 1754  the time, place, and number of days during which pari-mutuel
 1755  operations may be conducted by the permitholder at the location
 1756  fixed in the permit and ratified in the election. After the
 1757  first license has been issued to the holder of a ratified permit
 1758  for pari-mutuel operations in any county, all subsequent annual
 1759  applications for a license by that permitholder must be
 1760  accompanied by proof, in such form as the department requires,
 1761  that the ratified permitholder still possesses all the
 1762  qualifications prescribed by this chapter and that the permit
 1763  has not been recalled at a later election held in the county.
 1764         (10) If a permitholder has failed to complete construction
 1765  of at least 50 percent of the facilities necessary to conduct
 1766  pari-mutuel operations within 12 months after approval of the
 1767  permit by the voters, the department shall revoke the permit
 1768  upon adequate notice to the permitholder. However, the
 1769  department, upon good cause shown by the permitholder, may grant
 1770  one extension of up to 12 months.
 1771         (11)(a) A permit granted under this chapter may not be
 1772  transferred or assigned except upon written approval by the
 1773  department pursuant to s. 551.029, except that the holder of any
 1774  permit that has been converted to a jai alai permit may lease or
 1775  build anywhere within the county in which its permit is located.
 1776         (b) If a permit to conduct pari-mutuel wagering is held by
 1777  a corporation or business entity other than an individual, the
 1778  transfer of 10 percent or more of the stock or other evidence of
 1779  ownership or equity in the permitholder may not be made without
 1780  the prior approval of the transferee by the department pursuant
 1781  to s. 551.029.
 1782         (12) Changes in ownership of or interest in a pari-mutuel
 1783  permit of 5 percent or more of the stock or other evidence of
 1784  ownership or equity in the permitholder shall be approved by the
 1785  department before such change, unless the owner is an existing
 1786  owner of that permit who was previously approved by the
 1787  department. Changes in ownership of or interest in a pari-mutuel
 1788  permit of less than 5 percent must be reported to the department
 1789  within 20 days after the change. The department may then conduct
 1790  an investigation to ensure that the permit is properly updated
 1791  to show the change in ownership or interest.
 1792         Section 28. Section 551.0221, Florida Statutes, is created
 1793  to read:
 1794         551.0221 Elections for ratification of permits.—
 1795         (1) Any permitholder may have submitted to the electors of
 1796  the county designated therein the question of whether such
 1797  permit will be ratified. Such question shall be submitted to the
 1798  electors for approval or rejection at a special election to be
 1799  called for that purpose only. The board of county commissioners
 1800  of the county designated, upon the presentation to such board at
 1801  a regular or special meeting of a written application,
 1802  accompanied by a certified copy of the permit granted by the
 1803  department, and asking for an election in the county in which
 1804  the application was made, shall order a special election in the
 1805  county for the particular purpose of deciding whether such
 1806  permit shall be approved and a license issued and race or game
 1807  meetings allowed in the county by such permitholder. The clerk
 1808  of such board shall give notice of the special election by
 1809  publishing the same once each week for 2 consecutive weeks in
 1810  one or more newspapers of general circulation in the county.
 1811  Each permit for a track or fronton must be voted upon separately
 1812  and in separate elections. An election may not be called more
 1813  often than once every 2 years for the ratification of any permit
 1814  for the same track or fronton.
 1815         (2) All elections ordered under this chapter must be held
 1816  within 90 days and not less than 21 days after the time of
 1817  presenting the application to the board of county commissioners.
 1818  The inspectors of election shall be appointed and qualified as
 1819  in cases of general elections, and they shall count the votes
 1820  cast and make due returns of the votes to the board of county
 1821  commissioners without delay. The board of county commissioners
 1822  shall canvass the returns, declare the results, and cause the
 1823  results to be recorded as provided in the general law concerning
 1824  elections so far as applicable.
 1825         (3) If the permitholder has not applied to the board of
 1826  county commissioners within 6 months after the permit was issued
 1827  by the department, the permit is void. The department shall
 1828  cancel the permit without notice to the permitholder, and the
 1829  board of county commissioners holding the deposit for the
 1830  election shall refund the deposit to the permitholder upon being
 1831  notified by the department that the permit is void and has been
 1832  canceled.
 1833         (4) All electors duly registered and qualified to vote at
 1834  the last preceding general election held in the county are
 1835  qualified electors for the ratification election. The
 1836  registration books for the county shall be opened on the 10th
 1837  day after the ratification election is ordered and called,
 1838  however, if the 10th day is a Sunday or a holiday, then on the
 1839  next day that is not a Sunday or holiday. The registration books
 1840  must remain open for 10 days. Electors for the ratification
 1841  election have the same qualifications for and prerequisites to
 1842  voting in elections as under the general election laws.
 1843         (5) If, at any such ratification election, the majority of
 1844  electors voting on the question of ratification of a permit vote
 1845  against ratification, the permit is void. If a majority of the
 1846  electors voting on the question of ratification vote for
 1847  ratification, the permit becomes effective, and the permitholder
 1848  may conduct events upon complying with the other provisions of
 1849  this chapter. The board of county commissioners shall
 1850  immediately certify the results of the election to the
 1851  department.
 1852         Section 29. Section 551.0222, Florida Statutes, is created
 1853  to read:
 1854         551.0222 Petition for election to revoke permit.—In any
 1855  county where a permitholder has been licensed and racing or
 1856  games have been conducted under this chapter, the county
 1857  commission shall, upon petition of 20 percent of the qualified
 1858  electors of the county, provide for the submission to the
 1859  electors of such county at the next succeeding general election
 1860  the question of whether a permit shall be revoked. If a majority
 1861  of the electors voting on such question in such election vote to
 1862  revoke the permit, the department may no longer grant any
 1863  license on the permit. Every signature on every petition to
 1864  revoke a permit must be signed in the presence of the clerk of
 1865  the board of county commissioners at the office of the clerk of
 1866  the circuit court of the county. The petitioner must present at
 1867  the time of such signing her or his registration receipt showing
 1868  the petitioner’s qualification as an elector of the county at
 1869  the time of signing the petition. Only one permit may be
 1870  included in any one petition. In all elections in which the
 1871  revocation of more than one permit is voted on, the voters shall
 1872  be given an opportunity to vote for or against the revocation of
 1873  each permit separately. This chapter does not prevent the
 1874  holding of later referendum or revocation elections.
 1875         Section 30. Section 551.0241, Florida Statutes, is created
 1876  to read:
 1877         551.0241 Relocation of permit; thoroughbred racing.—
 1878         (1) Notwithstanding any provision of this chapter, a
 1879  thoroughbred racing permit or license issued under this chapter
 1880  may not be transferred, or reissued when such reissuance is in
 1881  the nature of a transfer, if the transfer or reissuance permits
 1882  or authorizes a licensee to change the location of a
 1883  thoroughbred track except upon proof in such form as the
 1884  department prescribes that a referendum election has been held:
 1885         (a) If the proposed new location is within the same county
 1886  as the currently licensed location, in the county where the
 1887  licensee desires to conduct the race meeting and that a majority
 1888  of the electors voting on that question in such election voted
 1889  in favor of the transfer of such license.
 1890         (b) If the proposed new location is not within the same
 1891  county as the currently licensed location, in the county where
 1892  the licensee desires to conduct the race meeting and in the
 1893  county where the licensee is currently licensed to conduct the
 1894  race meeting and that a majority of the electors voting on that
 1895  question in each such election voted in favor of the transfer of
 1896  such license.
 1897         (2) Each referendum held under this section shall be held
 1898  in accordance with the electoral procedures for ratification of
 1899  permits as provided in s. 551.0221. The expense of each such
 1900  referendum shall be borne by the licensee requesting the
 1901  transfer.
 1902         Section 31. Section 551.0242, Florida Statutes, is created
 1903  to read:
 1904         551.0242 Relocation of permit; greyhound racing; jai alai.—
 1905         (1) The Legislature finds that pari-mutuel wagering on
 1906  greyhound racing provides substantial revenues to the state. The
 1907  Legislature further finds that, in some cases, this revenue
 1908  producing ability is hindered due to the lack of provisions
 1909  allowing the relocation of existing greyhound racing operations.
 1910  It is therefore declared that state revenues derived from
 1911  greyhound racing will continue to be jeopardized if provisions
 1912  allowing the relocation of such greyhound racing permits are not
 1913  implemented. This enactment is made for the purpose of
 1914  implementing such provisions.
 1915         (2) Any holder of a valid outstanding permit for greyhound
 1916  racing in a county in which there is only one greyhound racing
 1917  permit issued, as well as any holder of a valid outstanding
 1918  permit for jai alai in a county where only one jai alai permit
 1919  is issued, may, without the necessity of an additional county
 1920  referendum required under s. 551.0221, move the location for
 1921  which the permit has been issued to another location within a
 1922  30-mile radius of the location fixed in the permit issued in
 1923  that county, provided that the move does not cross the county
 1924  boundary, that such relocation is approved under the zoning
 1925  regulations of the county or municipality in which the permit is
 1926  to be located as a planned development use, consistent with the
 1927  comprehensive plan, and that such move is approved by the
 1928  department after it is determined at a proceeding pursuant to
 1929  chapter 120 in the county affected that the move is necessary to
 1930  ensure the revenue-producing capability of the permitholder
 1931  without deteriorating the revenue-producing capability of any
 1932  other pari-mutuel permitholder within 50 miles. Such distance
 1933  shall be measured on a straight line from the nearest property
 1934  line of one racetrack or jai alai fronton to the nearest
 1935  property line of the other.
 1936         Section 32. Section 551.0251, Florida Statutes, is created
 1937  to read:
 1938         551.0251 Conversion of permit; quarter horse racing permit
 1939  to a limited thoroughbred racing permit.—
 1940         (1) In recognition of the important and long-standing
 1941  economic contribution of the thoroughbred horse breeding
 1942  industry to this state and the state’s vested interest in
 1943  promoting the continued viability of this agricultural activity,
 1944  the state intends to provide a limited opportunity for the
 1945  conduct of live thoroughbred racing with the net revenues from
 1946  such racing dedicated to the enhancement of thoroughbred purses
 1947  and breeder, stallion, and special racing awards under this
 1948  chapter; the general promotion of the thoroughbred horse
 1949  breeding industry; and the care in this state of thoroughbred
 1950  horses retired from racing.
 1951         (2) Notwithstanding any other provision of law, the holder
 1952  of a quarter horse racing permit issued under s. 551.0551 may,
 1953  within 1 year after July 1, 2010, apply to the department for a
 1954  transfer of the quarter horse racing permit to a not-for-profit
 1955  corporation formed under state law to serve the purposes of the
 1956  state as provided in subsection (1). The board of directors of
 1957  the not-for-profit corporation must be comprised of 11 members,
 1958  4 of whom shall be designated by the applicant, 4 of whom shall
 1959  be designated by the Florida Thoroughbred Breeders’ and Owners’
 1960  Association, and 3 of whom shall be designated by the other 8
 1961  directors, with at least 1 of these 3 members being an
 1962  authorized representative of another thoroughbred racing
 1963  permitholder in this state. The corporation shall submit an
 1964  application to the department for review and approval of the
 1965  transfer in accordance with s. 551.021. Upon approval of the
 1966  transfer by the department, and notwithstanding any other
 1967  provision of law to the contrary, the corporation may, within 1
 1968  year after its receipt of the permit, request that the
 1969  department convert the quarter horse racing permit to a permit
 1970  authorizing the holder to conduct pari-mutuel wagering meets of
 1971  thoroughbred racing. Neither the transfer of the quarter horse
 1972  racing permit nor its conversion to a limited thoroughbred
 1973  racing permit may be subject to the mileage limitation or the
 1974  ratification election specified in s. 551.021(2) or s. 551.0221.
 1975  Upon receipt of the request for such conversion, the department
 1976  shall timely issue a converted permit. The converted permit and
 1977  the not-for-profit corporation are subject to the following
 1978  requirements:
 1979         (a) All net revenues derived by the corporation under the
 1980  thoroughbred racing permit, after the funding of operating
 1981  expenses and capital improvements, shall be dedicated to the
 1982  enhancement of thoroughbred racing purses and breeder, stallion,
 1983  and special racing awards under this chapter; the general
 1984  promotion of the thoroughbred horse breeding industry; and the
 1985  care in this state of thoroughbred horses retired from racing.
 1986         (b) From December 1 through April 30, live thoroughbred
 1987  racing may not be conducted under the permit on any day during
 1988  which another thoroughbred racing permitholder is conducting
 1989  live thoroughbred racing within 125 air miles of the
 1990  corporation’s pari-mutuel facility unless the other thoroughbred
 1991  racing permitholder gives its written consent.
 1992         (c) After the conversion of the quarter horse racing permit
 1993  and the issuance of its initial license to conduct pari-mutuel
 1994  wagering meets of thoroughbred racing, the corporation must
 1995  apply annually to the department for a license pursuant to s.
 1996  551.0521.
 1997         (d) Racing under the permit may take place only at the
 1998  location for which the original quarter horse racing permit was
 1999  issued, which may be leased by the corporation for that purpose.
 2000  However, the corporation may, without any ratification election
 2001  pursuant to s. 551.0241 or s. 551.0221, move the location of the
 2002  permit to another location in the same county if the relocation
 2003  is approved under the zoning and land use regulations of the
 2004  applicable county or municipality.
 2005         (e) A permit converted under this section is not eligible
 2006  for transfer to another person or entity.
 2007         (3) Unless otherwise provided in this section, after
 2008  conversion, the permit and the not-for-profit corporation shall
 2009  be treated under the laws of this state as a thoroughbred racing
 2010  permit and as a thoroughbred racing permitholder, respectively,
 2011  with the exception of s. 551.053(9).
 2012         Section 33. Section 551.0252, Florida Statutes, is created
 2013  to read:
 2014         551.0252 Conversion of permit; jai alai; greyhound racing.—
 2015         (1)(a) Any holder of a permit to conduct jai alai may apply
 2016  to the department to convert such permit to a permit to conduct
 2017  greyhound racing in lieu of jai alai if:
 2018         1. Such permit is located in a county in which the
 2019  department has issued only two pari-mutuel permits pursuant to
 2020  this section;
 2021         2. Such permit was not previously converted from any other
 2022  class of permit; and
 2023         3. The holder of the permit has not conducted jai alai
 2024  games during the 10 years immediately preceding his or her
 2025  application for conversion under this subsection.
 2026         (b) The department, upon receiving an application from a
 2027  jai alai permitholder that meets all conditions of this section,
 2028  shall convert the permit and shall issue to the permitholder a
 2029  permit to conduct greyhound racing. A holder of a permit
 2030  converted under this section shall be required to apply for and
 2031  conduct a full schedule of live racing each fiscal year to be
 2032  eligible for any tax credit provided by this chapter. The holder
 2033  of a permit converted pursuant to this subsection or any holder
 2034  of a permit to conduct greyhound racing located in a county in
 2035  which it is the only permit issued pursuant to this section that
 2036  operates at a leased facility pursuant to s. 551.037 may move
 2037  the location for which the permit has been issued to another
 2038  location within a 30-mile radius of the location fixed in the
 2039  permit issued in that county, provided the move does not cross
 2040  the county boundary and such location is approved under the
 2041  zoning regulations of the county or municipality in which the
 2042  permit is located, and upon such relocation may use the permit
 2043  for the conduct of pari-mutuel wagering and the operation of a
 2044  cardroom. Section 551.074(9)(d) and (f) apply to any permit
 2045  converted under this subsection and shall continue to apply to
 2046  any permit that was previously included under and subject to
 2047  such provisions before a conversion pursuant to this section
 2048  occurred.
 2049         (2) Any permit that was converted from a jai alai permit to
 2050  a greyhound racing permit may be converted to a jai alai permit
 2051  at any time if the permitholder never conducted greyhound racing
 2052  or if the permitholder has not conducted greyhound racing for a
 2053  period of 12 consecutive months.
 2054         Section 34. Section 551.0253, Florida Statutes, is created
 2055  to read:
 2056         551.0253 Conversion of permit; summer jai alai.—
 2057         (1) A pari-mutuel permitholder, authorized to conduct pari
 2058  mutuel pools in any county having five or more such pari-mutuel
 2059  permits, whose mutuel play from the operation of such pari
 2060  mutuel pools for the 2 consecutive years immediately before
 2061  filing an application under this section was the smallest play
 2062  or total pool within the county may apply to the department to
 2063  convert its permit to a permit to conduct a summer jai alai
 2064  fronton in such county during the summer season beginning May 1
 2065  and ending November 30 of each year on such dates as may be
 2066  selected by the permitholder for the same number of days and
 2067  performances as are allowed and granted to winter jai alai
 2068  frontons within such county. If a permitholder that is eligible
 2069  under this section to convert a permit chooses not to convert, a
 2070  new permit is made available in that permitholder’s county to
 2071  conduct summer jai alai games as provided by this section,
 2072  notwithstanding mileage and permit ratification requirements. If
 2073  a permitholder converts a quarter horse racing permit pursuant
 2074  to this section, this section does not prohibit the permitholder
 2075  from obtaining another quarter horse racing permit. Such
 2076  permitholder shall pay the same taxes as are fixed and required
 2077  to be paid from the pari-mutuel pools of winter jai alai
 2078  permitholders and is bound by all of the rules and provisions of
 2079  this chapter which apply to the operation of winter jai alai
 2080  frontons. Such permitholder may operate a jai alai fronton only
 2081  after its application has been submitted to the department and
 2082  its license has been issued pursuant to the application. The
 2083  license is renewable annually as provided by law.
 2084         (2) Such permitholder is entitled to the issuance of a
 2085  license for the operation of a jai alai fronton during the
 2086  summer season as provided in this section. A permitholder
 2087  granted a license under this section may not conduct pari-mutuel
 2088  pools during the summer season except at a jai alai fronton as
 2089  provided in this section. Such license authorizes the
 2090  permitholder to operate at any jai alai permitholder’s facility
 2091  it may lease or build within such county.
 2092         (3) A license issued under subsection (2) may not allow the
 2093  operation of a jai alai fronton during the jai alai winter
 2094  season. The jai alai winter licensee and the jai alai summer
 2095  licensee may not operate on the same days or in competition with
 2096  each other. This section does not prevent the summer jai alai
 2097  licensee from leasing the facilities of the winter jai alai
 2098  licensee for the operation of the summer meet.
 2099         (4) The provisions of this chapter prohibiting the location
 2100  and operation of a jai alai fronton within a specified distance
 2101  from the location of another jai alai fronton or other
 2102  permitholder and prohibiting the department from granting any
 2103  permit at a location within a certain designated area do not
 2104  apply to this section and do not prevent the issuance of a
 2105  license under this section.
 2106         Section 35. Section 551.026, Florida Statutes, is created
 2107  to read:
 2108         551.026 Nonwagering permits.—
 2109         (1)(a) Except as provided in this section, permits and
 2110  licenses issued by the department are intended to be used for
 2111  pari-mutuel wagering operations in conjunction with horseraces,
 2112  greyhound races, or jai alai performances.
 2113         (b) Subject to the requirements of this section, the
 2114  department may issue permits for the conduct of horserace meets
 2115  without pari-mutuel wagering or any other form of wagering being
 2116  conducted in conjunction with such meets. Such permits shall be
 2117  known as “nonwagering permits” and may be issued only for
 2118  horserace meets. A horseracing permitholder need not obtain an
 2119  additional permit from the department for conducting nonwagering
 2120  racing under this section but must apply to the department for
 2121  the issuance of a license under this section. The holder of a
 2122  nonwagering permit is prohibited from conducting pari-mutuel
 2123  wagering or any other form of wagering in conjunction with
 2124  racing conducted under the permit. This subsection does not
 2125  prohibit horseracing for any stake, purse, prize, or premium.
 2126         (c) The holder of a nonwagering permit is exempt from s.
 2127  551.301 and is not required to pay daily license fees and
 2128  admission tax.
 2129         (2)(a) A person who is not prohibited from holding any type
 2130  of pari-mutuel permit under s. 551.029 may apply to the
 2131  department for a nonwagering permit. The applicant must
 2132  demonstrate that the location where the nonwagering permit will
 2133  be used is available for such use and that the applicant has the
 2134  financial ability to satisfy the reasonably anticipated
 2135  operational expenses of the first racing year following final
 2136  issuance of the nonwagering permit. If the racing facility is
 2137  already built, the application must include a statement and
 2138  reasonable supporting evidence that the nonwagering permit will
 2139  be used for horseracing within 1 year after the date on which it
 2140  is granted. If the facility is not already built, the
 2141  application must include a statement and reasonable supporting
 2142  evidence that substantial construction will be started within 1
 2143  year after the issuance of the nonwagering permit.
 2144         (b) The department may conduct an eligibility investigation
 2145  to determine whether the applicant meets the requirements of
 2146  paragraph (a).
 2147         (3)(a) Upon receipt of a nonwagering permit, the
 2148  permitholder must apply to the department before June 1 of each
 2149  year for an annual nonwagering license for the next succeeding
 2150  calendar year. The application must set forth the days and
 2151  locations at which the permitholder will conduct nonwagering
 2152  horseracing and must indicate any changes in ownership or
 2153  management of the permitholder occurring since the date of
 2154  application for the prior license. The department may conduct an
 2155  eligibility investigation to determine the qualifications of any
 2156  new ownership or management interest in the permit.
 2157         (b) On or before August 1 of each year and upon approval of
 2158  the racing dates by the department, the department shall issue
 2159  an annual nonwagering license authorizing the permitholder to
 2160  conduct nonwagering horseracing during the succeeding calendar
 2161  year during the period and for the number of days set forth in
 2162  the application, subject to all other provisions of this
 2163  section.
 2164         (4) Only horses registered with an established breed
 2165  registration organization approved by the department may be
 2166  raced at a race meeting authorized under this section.
 2167         (5) The department may order any person participating in a
 2168  nonwagering meet to cease and desist from participating in such
 2169  meet if the department determines that the person is not of good
 2170  moral character. The department may order the operators of a
 2171  nonwagering meet to cease and desist from operating the meet if
 2172  the department determines the meet is being operated for any
 2173  illegal purpose.
 2174         Section 36. Section 551.029, Florida Statutes, is created
 2175  to read:
 2176         551.029 Certain persons prohibited from holding permits;
 2177  suspension and revocation.—
 2178         (1) A corporation, general or limited partnership, sole
 2179  proprietorship, business trust, joint venture, unincorporated
 2180  association, or other business entity may not hold a pari-mutuel
 2181  permit in this state if any one of the persons or entities
 2182  specified in paragraph (a) has been determined by the department
 2183  not to be of good moral character or has been convicted of any
 2184  offense specified in paragraph (b).
 2185         (a)1. The permitholder;
 2186         2. An employee of the permitholder;
 2187         3. The sole proprietor of the permitholder;
 2188         4. A corporate officer or director of the permitholder;
 2189         5. A general partner of the permitholder;
 2190         6. A trustee of the permitholder;
 2191         7. A member of an unincorporated association permitholder;
 2192         8. A joint venturer of the permitholder;
 2193         9. The owner of more than 5 percent of any equity interest
 2194  in the permitholder, whether as a common shareholder, general or
 2195  limited partner, voting trustee, or trust beneficiary; or
 2196         10. An owner of any interest in the permit or permitholder,
 2197  including any immediate family member of the owner, or holder of
 2198  any debt, mortgage, contract, or concession from the
 2199  permitholder, who by virtue thereof is able to control the
 2200  business of the permitholder.
 2201         (b)1. A felony in this state;
 2202         2. A felony in any other state which would be a felony
 2203  under the laws of this state if committed in this state;
 2204         3. A felony under the laws of the United States;
 2205         4. A felony related to gambling in any other state which
 2206  would be a felony under the laws of this state if committed in
 2207  this state; or
 2208         5. Bookmaking as defined in s. 849.25.
 2209         (2)(a) If the applicant for a pari-mutuel permit or a
 2210  permitholder has received a full pardon or a restoration of
 2211  civil rights with respect to the conviction specified in
 2212  paragraph (1)(b), the conviction does not constitute an absolute
 2213  bar to the issuance or renewal of a permit or a ground for the
 2214  revocation or suspension of a permit.
 2215         (b) A corporation convicted of a felony may apply for and
 2216  receive a restoration of its civil rights in the same manner and
 2217  on the same grounds as an individual.
 2218         (3)(a) After notice and hearing, the department shall
 2219  suspend or refuse to issue or renew, as appropriate, any permit
 2220  in violation of subsection (1). The order shall become effective
 2221  120 days after service of the order upon the permitholder and
 2222  shall be amended to constitute a final order of revocation
 2223  unless the permitholder has, within that 120-day period:
 2224         1. Caused the divestiture, or agreed with the convicted
 2225  person upon a complete immediate divestiture, of her or his
 2226  holding;
 2227         2. Petitioned the circuit court as provided in subsection
 2228  (4); or
 2229         3. In the case of corporate officers or directors of the
 2230  permitholder or employees of the permitholder, terminated the
 2231  relationship between the permitholder and such persons.
 2232         (b) The department may, by order, extend the 120-day period
 2233  for divestiture, upon good cause shown, to avoid interruption of
 2234  any meet or to otherwise effectuate this section. If action has
 2235  not been taken by the permitholder within the 120-day period
 2236  following the issuance of the order of suspension, the
 2237  department shall, without further notice or hearing, enter a
 2238  final order of revocation of the permit.
 2239         (c) When any permitholder or sole proprietor of a
 2240  permitholder is convicted of an offense specified in paragraph
 2241  (1)(b), the department may approve a transfer of the permit to a
 2242  qualified applicant upon a finding that revocation of the permit
 2243  would impair the state’s revenue from the operation of the
 2244  permit or otherwise be detrimental to the interests of the state
 2245  in the regulation of the industry of pari-mutuel wagering.
 2246  Notwithstanding any other provision of law, a public referendum
 2247  is not required for approval of the transfer under this
 2248  paragraph. A petition for transfer after conviction must be
 2249  filed with the department within 30 days after service upon the
 2250  permitholder of the final order of revocation. The timely filing
 2251  of such a petition automatically stays any revocation order
 2252  until further order of the department.
 2253         (4) The circuit courts have jurisdiction to decide a
 2254  petition brought by the holder of a pari-mutuel permit showing
 2255  that its permit is in jeopardy of suspension or revocation under
 2256  subsection (3) and that it is unable to agree upon the terms of
 2257  divestiture of interest with the person specified in
 2258  subparagraphs (1)(a)3.-9. who has been convicted of an offense
 2259  specified in paragraph (1)(b). The court shall determine the
 2260  reasonable value of the interest of the convicted person and
 2261  order a divestiture upon such terms and conditions as it finds
 2262  just. In determining the value of the interest of the convicted
 2263  person, the court may consider, among other matters, the value
 2264  of the assets of the permitholder, its good will and value as a
 2265  going concern, recent and expected future earnings, and other
 2266  criteria usual and customary in the sale of like enterprises.
 2267         (5) The department shall adopt rules for photographing,
 2268  fingerprinting, and obtaining personal data of individuals
 2269  described in paragraph (1)(a) and obtaining such data regarding
 2270  the business entities described in paragraph (1)(a) as necessary
 2271  to effectuate this section.
 2272         Section 37. Section 551.0321, Florida Statutes, is created
 2273  to read:
 2274         551.0321 Permitholder license; bond.—
 2275         (1) After a permit has been issued by the department and
 2276  approved by election, the department shall issue to the
 2277  permitholder an annual license to conduct pari-mutuel operations
 2278  at the location specified in the permit pursuant to this
 2279  chapter.
 2280         (2)(a) Before delivery of a license, each permitholder
 2281  granted a license under this chapter must, at its own expense,
 2282  give a bond payable to the Governor and the Governor’s
 2283  successors in the penal sum of $50,000. Such bond must be in the
 2284  form of a surety or sureties approved by the department and the
 2285  Chief Financial Officer and shall be conditioned on the
 2286  following:
 2287         1. The permitholder faithfully making payments to the Chief
 2288  Financial Officer acting in his or her capacity as treasurer of
 2289  the department;
 2290         2. The permitholder keeping books and records and making
 2291  the required reports; and
 2292         3. The permitholder conducting racing in conformity with
 2293  this chapter.
 2294         (b) If the greatest amount of tax owed during any month in
 2295  the prior fiscal year in which a full schedule of live racing
 2296  was conducted is less than $50,000, the department may assess a
 2297  bond less than $50,000. The department may review the bond for
 2298  adequacy and require adjustments to the bond amount each fiscal
 2299  year. The department may adopt rules to implement this
 2300  subsection and establish guidelines for such bonds.
 2301         (c) The provisions of this chapter concerning bonding do
 2302  not apply to nonwagering permits issued under s. 551.026.
 2303         Section 38. Section 551.0322, Florida Statutes, is created
 2304  to read:
 2305         551.0322 License application; periods of operation; bond.—
 2306         (1) Annually, between December 15 and January 4, each
 2307  permitholder shall file with the department its written
 2308  application for a license to conduct performances during the
 2309  next fiscal year. A permitholder may amend its application
 2310  through February 28. Each application must specify the number,
 2311  dates, and starting times of all performances the permitholder
 2312  intends to conduct and specify which performances will be
 2313  conducted as charity or scholarship performances. In addition,
 2314  each application for a license must include:
 2315         (a) For each permitholder that chooses to operate a
 2316  cardroom, the dates and periods of operation that the
 2317  permitholder intends to operate the cardroom.
 2318         (b) For each thoroughbred racing permitholder that chooses
 2319  to receive or rebroadcast out-of-state races after 7 p.m., the
 2320  dates for all performances that the permitholder intends to
 2321  conduct.
 2322         (2) After the first license has been issued to a
 2323  permitholder, all subsequent annual applications for a license
 2324  must be accompanied by proof, in such form as the department may
 2325  by rule require, that the permitholder continues to possess the
 2326  qualifications required under this chapter and that the permit
 2327  has not been disapproved at a later election.
 2328         (3) The department shall issue each license no later than
 2329  March 15. Each permitholder shall operate all performances on
 2330  the dates and at the times specified on its license. The
 2331  department may approve minor changes in operating dates after a
 2332  license has been issued. The department may approve changes in
 2333  operating dates after a license has been issued if there is no
 2334  objection from any operating permitholder located within 50
 2335  miles of the permitholder requesting the changes in operating
 2336  dates. If there is an objection, the department shall determine
 2337  whether to approve the change based upon its impact on operating
 2338  permitholders located within 50 miles of the permitholder
 2339  requesting the change in operating dates. In making the
 2340  determination whether to change operating dates, the department
 2341  shall take into consideration the impact of such changes on
 2342  state revenues.
 2343         (4) If a permitholder fails to operate all performances on
 2344  the dates and at the times specified on its license, the
 2345  department shall hold a hearing to determine whether to fine the
 2346  permitholder or suspend the permitholder’s license, unless such
 2347  failure was the direct result of fire, strike, war, or other
 2348  disaster or event beyond the ability of the permitholder to
 2349  control. Financial hardship to the permitholder is not, in and
 2350  of itself, just cause for failure to operate all performances on
 2351  the dates and at the times specified.
 2352         (5) If performances licensed to be operated by a
 2353  permitholder are vacated, are abandoned, or will not be used for
 2354  any reason, any permitholder may, pursuant to department rule,
 2355  apply to conduct performances on the dates for which the
 2356  performances have been abandoned. The department shall issue an
 2357  amended license for all such replacement performances that have
 2358  been requested in compliance with this chapter and department
 2359  rules.
 2360         Section 39. Section 551.033, Florida Statutes, is created
 2361  to read:
 2362         551.033 Payment of daily license fee and taxes; penalties.—
 2363         (1) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 2364  imposed by ss. 551.043, 551.053, 551.0543, 551.0553, and 551.063
 2365  shall be paid to the department for deposit into the Gaming
 2366  Control Trust Fund, hereby established. The permitholder shall
 2367  remit to the department payment for the daily license fee, the
 2368  admission tax, the tax on handle, and the breaks tax. Such
 2369  payments shall be remitted by 3 p.m. on the 5th day of each
 2370  calendar month for taxes imposed and collected for the preceding
 2371  calendar month. If the 5th day of the calendar month falls on a
 2372  weekend, payments shall be remitted by 3 p.m. the first Monday
 2373  following the weekend. Permitholders shall file a report under
 2374  oath by the 5th day of each calendar month for all taxes
 2375  remitted during the preceding calendar month. Such payments
 2376  shall be accompanied by a report under oath showing the total of
 2377  all admissions, the pari-mutuel wagering activities for the
 2378  preceding calendar month, and such other information required by
 2379  the department.
 2380         (2) PENALTIES.—
 2381         (a) A permitholder that fails to make payments as required
 2382  in subsection (1) may be subjected by the department to a civil
 2383  penalty of up to $1,000 for each day the tax payment is not
 2384  remitted. All penalties imposed and collected shall be deposited
 2385  in the General Revenue Fund. If a permitholder fails to pay
 2386  penalties imposed by order of the department under this
 2387  subsection, the department may suspend or revoke the license of
 2388  the permitholder, cancel the permit of the permitholder, or deny
 2389  issuance of any further license or permit to the permitholder.
 2390         (b) In addition to the civil penalty in paragraph (a), any
 2391  willful or wanton failure by a permitholder to make payments of
 2392  the daily license fee, admission tax, tax on handle, or breaks
 2393  tax constitutes sufficient grounds for the department to suspend
 2394  or revoke the license of the permitholder, cancel the permit of
 2395  the permitholder, or deny issuance of any further license or
 2396  permit to the permitholder.
 2397         Section 40. Section 551.034, Florida Statutes, is created
 2398  to read:
 2399         551.034 Uniform reporting system.—
 2400         (1) The Legislature finds that a uniform reporting system
 2401  should be developed to provide acceptable uniform financial data
 2402  and statistics.
 2403         (2)(a) Each permitholder that conducts events under this
 2404  chapter shall keep records that clearly show the total number of
 2405  admissions and the total amount of money contributed to each
 2406  pari-mutuel pool on each event separately and the amount of
 2407  money received daily from admission fees and, within 120 days
 2408  after the end of its fiscal year, shall submit to the department
 2409  a complete annual report of its accounts, audited by a certified
 2410  public accountant licensed to practice in the state.
 2411         (b) The department shall adopt rules specifying the form
 2412  and content of such reports, including, but not limited to,
 2413  requirements for a financial statement of assets and
 2414  liabilities, operating revenues and expenses, and net worth and
 2415  any supporting informational schedule found necessary by the
 2416  department to verify the financial statement. The financial
 2417  statement must be audited by a certified public accountant
 2418  licensed to practice in this state, and any supporting
 2419  informational schedule must be attested to under oath by the
 2420  permitholder or an officer of record. The form and content of
 2421  such reports must permit the department to:
 2422         1. Assess the profitability and financial soundness of
 2423  permitholders, both individually and as an industry;
 2424         2. Plan and recommend measures necessary to preserve and
 2425  protect the pari-mutuel revenues of the state; and
 2426         3. Completely identify the holdings, transactions, and
 2427  investments of permitholders with other business entities.
 2428         (c) The Auditor General and the Office of Program Policy
 2429  Analysis and Government Accountability may, pursuant to their
 2430  own authority or at the direction of the Legislative Auditing
 2431  Committee, audit, examine, and check the books and records of
 2432  any permitholder. These audit reports shall become part of, and
 2433  be maintained in, the department files.
 2434         (d) The department shall annually review the books and
 2435  records of each permitholder and verify that the breaks and
 2436  unclaimed ticket payments made by each permitholder are true and
 2437  correct.
 2438         Section 41. Section 551.035, Florida Statutes, is created
 2439  to read:
 2440         551.035 Distribution of moneys.—
 2441         (1) All moneys deposited into the Gaming Control Trust Fund
 2442  under this part shall be distributed as follows:
 2443         (a) The daily license fee revenues collected pursuant to
 2444  this part shall be used to fund the operating cost of the
 2445  department and to provide a proportionate share of the operation
 2446  of the department.
 2447         (b) All unappropriated funds in excess of $1.5 million
 2448  shall be deposited into the General Revenue Fund.
 2449         (2) The slot machine license fee, the slot machine
 2450  occupational license fee, and the compulsive or addictive
 2451  gambling prevention program fee collected pursuant to ss.
 2452  551.106, 551.302(2)(a)1., and 551.118 shall be used to fund the
 2453  direct and indirect operating expenses of the department’s slot
 2454  machine regulation operations and to provide funding for
 2455  relevant enforcement activities in accordance with authorized
 2456  appropriations. Funds deposited into the Gaming Control Trust
 2457  Fund pursuant to ss. 551.106, 551.302(2)(a)1., and 551.118 shall
 2458  be reserved in the trust fund for slot machine regulation
 2459  operations. On June 30, any unappropriated funds in excess of
 2460  those necessary for incurred obligations and subsequent year
 2461  cash flow for slot machine regulation operations shall be
 2462  deposited into the General Revenue Fund.
 2463         Section 42. Section 551.036, Florida Statutes, is created
 2464  to read:
 2465         551.036 Escheat to state of abandoned interest in or
 2466  contribution to pari-mutuel pools.—
 2467         (1) It is the public policy of the state, while protecting
 2468  the interest of the owners, to possess all unclaimed and
 2469  abandoned interests in or contributions to certain pari-mutuel
 2470  pools conducted in this state under this chapter for the benefit
 2471  of all the people of the state. This section shall be liberally
 2472  construed to accomplish the purposes of this section.
 2473         (2) Except as otherwise provided in this chapter, all money
 2474  or other property represented by any unclaimed, uncashed, or
 2475  abandoned pari-mutuel ticket that has remained in the custody or
 2476  under the control of any licensee for a period of 1 year after
 2477  the date the pari-mutuel ticket was issued, if the rightful
 2478  owner or owners thereof have made no claim or demand for such
 2479  money or other property within the 1-year period, shall escheat
 2480  to and become the property of the state.
 2481         (3) Annually, within 60 days after the close of the race
 2482  meeting of the licensee, all money or other property that has
 2483  escheated to the state under this section and that is held by
 2484  the licensee shall be paid by such licensee to the Chief
 2485  Financial Officer for deposit into the State School Fund to be
 2486  used for support and maintenance of public free schools as
 2487  required by s. 6, Art. IX of the State Constitution.
 2488         Section 43. Section 551.037, Florida Statutes, is created
 2489  to read:
 2490         551.037 Lease of pari-mutuel facilities.—Holders of valid
 2491  pari-mutuel permits for the conduct of any jai alai games,
 2492  greyhound racing, or thoroughbred or harness racing in this
 2493  state may lease their facilities to any other holder that is
 2494  located within a 35-mile radius and holds a same class valid
 2495  pari-mutuel permit for jai alai games, greyhound racing, or
 2496  thoroughbred or harness racing. Such lessee is entitled to a
 2497  license to operate its race meet or jai alai games at the leased
 2498  premises.
 2499         Section 44. Section 551.038, Florida Statutes, is created
 2500  to read:
 2501         551.038 Proposed capital improvement.—If a permitholder
 2502  licensed under this chapter proposes a capital improvement to a
 2503  pari-mutuel facility existing on June 23, 1981, which capital
 2504  improvement requires, pursuant to any municipal or county
 2505  ordinance, resolution, or regulation, the qualification or
 2506  approval of the municipality or county in which the permitholder
 2507  conducts its business operations, the capital improvement shall
 2508  be approved. Such permitholder must pay the municipality or
 2509  county the cost of a building permit, and the improvement must
 2510  be contiguous to or within the existing pari-mutuel facility
 2511  site. However, the municipality or county shall deny approval of
 2512  the capital improvement if the municipality or county is able to
 2513  show that the proposed improvement presents a justifiable and
 2514  immediate hazard to the health and safety of municipal or county
 2515  residents or if the improvement qualifies as a development of
 2516  regional impact as defined in s. 380.06.
 2517         Section 45. Section 551.039, Florida Statutes, is created
 2518  to read:
 2519         551.039 Charity and scholarship days; derbies.—
 2520         (1) The department shall, upon the request of any
 2521  permitholder, authorize the permitholder to hold up to five
 2522  charity or scholarship days in addition to the regular racing or
 2523  game days authorized by law.
 2524         (2) The proceeds of charity and scholarship performances
 2525  shall be paid to qualified beneficiaries selected by the
 2526  permitholders from an authorized list of charities on file with
 2527  the department. Eligible charities include any charity that
 2528  provides evidence of compliance with chapter 496 and possession
 2529  of a valid exemption from federal taxation issued by the
 2530  Internal Revenue Service. The authorized list must include the
 2531  Racing Scholarship Trust Fund, the Historical Resources
 2532  Operating Trust Fund, major state and private institutions of
 2533  higher learning, and Florida community colleges.
 2534         (3) The permitholder shall, within 120 days after the
 2535  conclusion of its fiscal year, pay to the authorized charities
 2536  the total of all profits derived from the operation of the
 2537  charity or scholarship day performances conducted. If charity or
 2538  scholarship days are operated on behalf of another permitholder
 2539  pursuant to law, the permitholder entitled to distribute the
 2540  proceeds shall distribute the proceeds to charity within 30 days
 2541  after the actual receipt of the proceeds.
 2542         (4) The total of all profits derived from the conduct of a
 2543  charity or scholarship day performance must include all revenues
 2544  derived from the conduct of that performance, including all
 2545  state taxes that would otherwise be due to the state, except
 2546  that the daily license fee as provided in ss. 551.043(2),
 2547  551.053(2), 551.0543(2), 551.0553(1), and 551.063(2) and the
 2548  breaks for the promotional trust funds as provided in ss.
 2549  551.0523(2), 551.0542(2), 551.0552(2), and 551.056(1) and (2)
 2550  shall be paid to the department. All other revenues from the
 2551  charity or scholarship performance, including the commissions,
 2552  breaks, and admissions and the revenues from parking, programs,
 2553  and concessions, shall be included in the total of all profits.
 2554         (5) In determining profit, the permitholder may elect to
 2555  distribute as proceeds only the amount equal to the state tax
 2556  that would otherwise be paid to the state if the charity or
 2557  scholarship day were conducted as a regular or matinee
 2558  performance.
 2559         (6)(a)1. The department shall authorize one additional
 2560  scholarship day for horseracing in addition to the regular
 2561  racing days authorized by this chapter and any additional days
 2562  authorized by this section, to be conducted at all horse tracks
 2563  located in Hillsborough County. The permitholder shall conduct a
 2564  full schedule of racing on the scholarship day.
 2565         2. The funds derived from the operation of the additional
 2566  scholarship day shall be allocated as provided in this section
 2567  and paid to Pasco-Hernando Community College.
 2568         (b) When a charity or scholarship performance is conducted
 2569  as a matinee performance, the department may authorize the
 2570  permitholder to conduct the evening performances of that
 2571  operation day as a regular performance in addition to the
 2572  regular operating days authorized by law.
 2573         (7) In addition to the charity or scholarship days
 2574  authorized by this section, any greyhound racing permitholder
 2575  may allow its facility to be used for conducting “hound dog
 2576  derbies” or “mutt derbies” on any day during each racing season
 2577  by any charitable, civic, or nonprofit organization for the
 2578  purpose of conducting “hound dog derbies” or “mutt derbies” if
 2579  only dogs other than greyhounds are permitted to race and if
 2580  adults and minors are allowed to participate as dog owners or
 2581  spectators. During these racing events, betting, gambling, and
 2582  the sale or use of alcoholic beverages are prohibited.
 2583         (8) In addition to the eligible charities that meet the
 2584  criteria set forth in this section, a jai alai permitholder may
 2585  conduct two additional charity performances each fiscal year for
 2586  a fund to benefit retired jai alai players. This performance
 2587  shall be known as the “Retired Jai Alai Players Charity Day.”
 2588  The administration of this fund shall be determined by rule by
 2589  the department.
 2590         Section 46. Section 551.042, Florida Statutes, is created
 2591  to read:
 2592         551.042 Greyhound racing; purse requirements.—
 2593         (1)(a) For a greyhound racing permitholder, a full schedule
 2594  of live events is a combination of at least 100 live evening or
 2595  matinee performances during the state fiscal year.
 2596         (b) For a permitholder restricted by statute to certain
 2597  operating periods within the year when other members of its same
 2598  class of permit are authorized to operate throughout the year, a
 2599  full schedule of live events shall be the specified number of
 2600  live performances adjusted pro rata in accordance with the
 2601  relationship between its authorized operating period and the
 2602  full calendar year. The resulting specified number of live
 2603  performances shall constitute the full schedule of live events
 2604  for such permitholder and all other permitholders of the same
 2605  class within 100 air miles of such permitholder.
 2606         (2) The department shall determine for each greyhound
 2607  racing permitholder the annual purse percentage rate of live
 2608  handle for the 1993-1994 state fiscal year by dividing total
 2609  purses paid on live handle by the permitholder, exclusive of
 2610  payments made from outside sources, during the 1993-1994 state
 2611  fiscal year by the permitholder’s live handle for the 1993-1994
 2612  state fiscal year. Each permitholder shall pay as purses for
 2613  live races conducted during its current race meet a percentage
 2614  of its live handle not less than the percentage determined under
 2615  this paragraph, exclusive of payments made by outside sources,
 2616  for its 1993-1994 state fiscal year.
 2617         (3) Except as otherwise set forth in this section, in
 2618  addition to the minimum purse percentage required under
 2619  subsection (2), each permitholder shall pay as purses an annual
 2620  amount equal to 75 percent of the daily license fees paid by
 2621  each permitholder for the 1994-1995 fiscal year. This purse
 2622  supplement shall be disbursed weekly during the permitholder’s
 2623  race meet in an amount determined by dividing the annual purse
 2624  supplement by the number of performances approved for the
 2625  permitholder pursuant to its annual license and multiplying that
 2626  amount by the number of performances conducted each week. For
 2627  the greyhound racing permitholders in the county where there are
 2628  two greyhound racing permitholders located as specified in s.
 2629  551.073(6), such permitholders shall pay in the aggregate an
 2630  amount equal to 75 percent of the daily license fees paid by
 2631  such permitholders for the 1994-1995 fiscal year. These
 2632  permitholders shall be jointly and severally liable for such
 2633  purse payments. The additional purses provided by this paragraph
 2634  must be used exclusively for purses other than stakes. The
 2635  department shall conduct audits necessary to ensure compliance
 2636  with this section.
 2637         (4)(a) Each greyhound racing permitholder, when conducting
 2638  at least three live performances during any week, shall pay
 2639  purses in that week on wagers it accepts as a guest track on
 2640  intertrack and simulcast greyhound races at the same rate as it
 2641  pays on live races. Each greyhound racing permitholder, when
 2642  conducting at least three live performances during any week,
 2643  shall pay purses in that week, at the same rate as it pays on
 2644  live races, on wagers accepted on greyhound races at a guest
 2645  track that is not conducting live racing and that is located
 2646  within the same market area as the greyhound racing permitholder
 2647  conducting at least three live performances during any week.
 2648         (b) Each host greyhound racing permitholder shall pay
 2649  purses on its simulcast and intertrack broadcasts of greyhound
 2650  races to guest facilities that are located outside its market
 2651  area in an amount equal to one quarter of an amount determined
 2652  by subtracting the transmission costs of sending the simulcast
 2653  or intertrack broadcasts from an amount determined by adding the
 2654  fees received for greyhound simulcast races plus 3 percent of
 2655  the greyhound intertrack handle at guest facilities that are
 2656  located outside the market area of the host and that paid
 2657  contractual fees to the host for such broadcasts of greyhound
 2658  races.
 2659         (5) The department shall require sufficient documentation
 2660  from each greyhound racing permitholder regarding purses paid on
 2661  live racing to ensure that the annual purse percentage rates
 2662  paid by each permitholder on the live races are not reduced
 2663  below those paid during the 1993-1994 state fiscal year. The
 2664  department shall require sufficient documentation from each
 2665  greyhound racing permitholder to ensure that the purses paid by
 2666  each permitholder on the greyhound intertrack and simulcast
 2667  broadcasts are in compliance with the requirements of subsection
 2668  (4).
 2669         (6) In addition to the purse requirements of subsections
 2670  (2)-(4), each greyhound racing permitholder shall pay as purses
 2671  an amount equal to one-third of the amount of the tax reduction
 2672  on live and simulcast handle applicable to such permitholder as
 2673  a result of the reductions in tax rates provided by s. 6 of
 2674  chapter 2000-354, Laws of Florida. With respect to intertrack
 2675  wagering when the host and guest tracks are greyhound racing
 2676  permitholders not within the same market area, an amount equal
 2677  to the tax reduction applicable to the guest track handle as a
 2678  result of the reduction in tax rate provided by s. 6 of chapter
 2679  2000-354, Laws of Florida, shall be distributed to the guest
 2680  track, one-third of which amount shall be paid as purses at the
 2681  guest track. However, if the guest track is a greyhound racing
 2682  permitholder within the market area of the host or if the guest
 2683  track is not a greyhound racing permitholder, an amount equal to
 2684  such tax reduction applicable to the guest track handle shall be
 2685  retained by the host track, one-third of which amount shall be
 2686  paid as purses at the host track. These purse funds shall be
 2687  disbursed in the week received if the permitholder conducts at
 2688  least one live performance during that week. If the permitholder
 2689  does not conduct at least one live performance during the week
 2690  in which the purse funds are received, the purse funds shall be
 2691  disbursed weekly during the permitholder’s next race meet in an
 2692  amount determined by dividing the purse amount by the number of
 2693  performances approved for the permitholder pursuant to its
 2694  annual license, and multiplying that amount by the number of
 2695  performances conducted each week. The department shall conduct
 2696  audits necessary to ensure compliance with this section.
 2697         (7) Each greyhound racing permitholder shall, during the
 2698  permitholder’s race meet, supply kennel operators and the
 2699  department with a weekly report showing purses paid on live
 2700  greyhound races and all greyhound intertrack and simulcast
 2701  broadcasts, including both as a guest and a host together with
 2702  the handle or commission calculations on which such purses were
 2703  paid and the transmission costs of sending the simulcast or
 2704  intertrack broadcasts, so that the kennel operators may
 2705  determine statutory and contractual compliance.
 2706         (8) Each greyhound racing permitholder shall make direct
 2707  payment of purses to the greyhound owners who have filed with
 2708  such permitholder appropriate federal taxpayer identification
 2709  information based on the percentage amount agreed upon between
 2710  the kennel operator and the greyhound owner.
 2711         (9) At the request of a majority of kennel operators under
 2712  contract with a greyhound racing permitholder, the permitholder
 2713  shall make deductions from purses paid to each kennel operator
 2714  electing such deduction and shall make a direct payment of such
 2715  deductions to the local association of greyhound kennel
 2716  operators formed by a majority of kennel operators under
 2717  contract with the permitholder. The amount of the deduction
 2718  shall be at least 1 percent of purses, as determined by the
 2719  local association of greyhound kennel operators. A deduction may
 2720  not be taken pursuant to this paragraph without a kennel
 2721  operator’s specific approval.
 2722         (10)(a) A greyhound racing permitholder shall file reports
 2723  under oath or affirmation under penalty of perjury by the
 2724  permitholder or an officer of record by the 5th day of each
 2725  calendar month on forms adopted by the department showing all
 2726  injuries to racing greyhounds on the grounds of a greyhound
 2727  track or kennel compound during the prior month. The report must
 2728  contain, at a minimum, the following information: the specific
 2729  type and bodily location of an injury; the cause of injury; the
 2730  track or facility where the injury occurred; the date and
 2731  estimated time of the incident; the greyhound registered name
 2732  and tattoo numbers; the reporting person’s name and telephone
 2733  number; the kennel operator, address, and telephone number; the
 2734  trainer’s name and telephone number; and the location of the
 2735  injured animal on the last day of the prior month.
 2736         (b) Knowingly making a false statement on an injury report
 2737  filed with the department shall result in a fine not to exceed
 2738  $1,500. A second or subsequent violation of this subsection
 2739  shall result in a fine of at least $3,000.
 2740         Section 47. Section 551.043, Florida Statutes, is created
 2741  to read:
 2742         551.043 Greyhound racing; taxes and fees.—
 2743         (1) FINDINGS.—
 2744         (a) The Legislature finds that the operation of a greyhound
 2745  race track and legalized pari-mutuel betting at greyhound race
 2746  tracks in this state is a privilege and is an operation that
 2747  requires strict supervision and regulation in the best interests
 2748  of the state. Pari-mutuel wagering at greyhound race tracks in
 2749  this state is a substantial business, and taxes derived from
 2750  wagering constitute part of the tax structures of the state and
 2751  the counties. The operators of greyhound race tracks should pay
 2752  their fair share of taxes to the state but should not be taxed
 2753  to such an extent as to cause a track that is operated under
 2754  sound business principles to be forced out of business.
 2755         (b) A permitholder that conducts a greyhound race meet
 2756  under this chapter must pay the daily license fee, the admission
 2757  tax, the breaks tax, and the tax on pari-mutuel handle and is
 2758  subject to all penalties and sanctions provided in s.
 2759  551.033(2).
 2760         (2) DAILY LICENSE FEE.—Each licensed permitholder engaged
 2761  in the business of conducting greyhound race meetings shall pay
 2762  to the department, for the use of the department, a daily
 2763  license fee on each live or simulcast pari-mutuel event of $80
 2764  for each greyhound race conducted at the licensee’s racetrack.
 2765  Each permitholder shall pay daily license fees not to exceed
 2766  $500 per day on any simulcast event on which such permitholder
 2767  accepts wagers regardless of the number of out-of-state events
 2768  taken or the number of out-of-state locations from which such
 2769  events are taken. The daily license fees shall be remitted to
 2770  the Chief Financial Officer for deposit into the Gaming Control
 2771  Trust Fund.
 2772         (3) ADMISSION TAX.—An admission tax equal to the greater of
 2773  15 percent of the admission charge for entrance to the
 2774  permitholder’s facility and grandstand area or 10 cents is
 2775  imposed on each person attending a greyhound race. The
 2776  permitholder is responsible for collecting the admission tax.
 2777         (4) TAX ON LIVE HANDLE.—Each permitholder shall pay a tax
 2778  on live handle from races conducted by the permitholder. The tax
 2779  is imposed daily and is based on the total contributions to all
 2780  pari-mutuel pools conducted during the daily live performance.
 2781  If a permitholder conducts more than one live performance daily,
 2782  the tax is imposed on each live performance separately.
 2783         (a) The tax on live handle for greyhound racing
 2784  performances is 5.5 percent of the handle.
 2785         (b) Notwithstanding paragraph (a), the tax on live handle
 2786  for charity or scholarship greyhound racing performances held
 2787  pursuant to s. 551.039 is 7.6 percent of the handle.
 2788         (5) TAX ON HANDLE FROM INTERTRACK WAGERING.—If the host
 2789  facility is a greyhound race track, the tax on handle for
 2790  intertrack wagering is 5.5 percent of the handle with the
 2791  following exceptions:
 2792         (a) On broadcasts of charity or scholarship performances
 2793  held pursuant to s. 551.039, if the guest facility is a
 2794  greyhound race track located within the market area of the host
 2795  facility the tax on handle for intertrack wagering at the guest
 2796  greyhound race track is 7.6 percent of the handle.
 2797         (b) If the guest facility is located outside the market
 2798  area of the host facility and within the market area of a
 2799  thoroughbred racing permitholder currently conducting a live
 2800  race meet, the tax on handle for intertrack wagering is 0.5
 2801  percent of the handle.
 2802         (c) If the guest facility is a greyhound race track located
 2803  in an area of the state in which there are only three
 2804  permitholders, all of which are greyhound permitholders, located
 2805  in three contiguous counties, on events received from a
 2806  greyhound racing permitholder also located within such area, the
 2807  tax on handle for intertrack wagering is 3.9 percent of the
 2808  handle.
 2809         (d) If the guest facility is a greyhound race track located
 2810  as specified in s. 551.073(6) or (9), on events received from a
 2811  greyhound racing permitholder located within the same market
 2812  area the tax on handle for intertrack wagers is 3.9 percent of
 2813  the handle.
 2814         (6) ABANDONED CONTRIBUTIONS TO OR INTEREST IN PARI-MUTUEL
 2815  POOLS.—All money or other property represented by any unclaimed,
 2816  uncashed, or abandoned pari-mutuel ticket which has remained in
 2817  the custody of or under the control of any permitholder
 2818  authorized to conduct greyhound racing pari-mutuel pools in this
 2819  state for a period of 1 year after the date the pari-mutuel
 2820  ticket was issued, if the rightful owner or owners thereof have
 2821  made no claim or demand for such money or other property within
 2822  that 1-year period, shall, with respect to live races conducted
 2823  by the permitholder, be remitted to the state pursuant to s.
 2824  551.036.
 2825         (7) TAX CREDITS.—
 2826         (a) Each greyhound racing permitholder shall receive in the
 2827  current state fiscal year a tax credit equal to the number of
 2828  live greyhound races conducted in the preceding state fiscal
 2829  year multiplied by the daily license fee per race as specified
 2830  in subsection (2) for the preceding state fiscal year. This tax
 2831  credit applies to any tax imposed by this section or the daily
 2832  license fees imposed by this section except during any charity
 2833  or scholarship performances conducted pursuant to s. 551.039.
 2834         (b) A greyhound racing permitholder may receive a tax
 2835  credit equal to the actual amount remitted to the state in the
 2836  preceding state fiscal year pursuant to subsection (6) with
 2837  respect to live races. The credit may be applied against any
 2838  taxes imposed under this section. Each such greyhound racing
 2839  permitholder shall pay, from any source, including the proceeds
 2840  from performances conducted pursuant to s. 551.039, an amount
 2841  not less than 10 percent of the amount of the credit provided by
 2842  this paragraph to any organization that promotes or encourages
 2843  adoption of greyhounds, provides evidence of compliance with
 2844  chapter 496, and possesses a valid exemption from federal
 2845  taxation issued by the Internal Revenue Service. Such
 2846  organization must, as a condition of adoption, provide
 2847  sterilization of greyhounds by a licensed veterinarian before
 2848  giving custody of the greyhound to the adopter. The fee for
 2849  sterilization may be included in the cost of adoption.
 2850         (c)1. After providing written notice to the department, a
 2851  permitholder unable to use the full amount of the exemption
 2852  provided in paragraph (8)(c) or the daily license fee credit
 2853  provided in this subsection may elect once per state fiscal
 2854  year, on a form provided by the department, to transfer such
 2855  exemption or credit or any portion thereof to any greyhound
 2856  racing permitholder that acts as a host track to such
 2857  permitholder for the purpose of intertrack wagering. Once an
 2858  election to transfer such exemption or credit is filed with the
 2859  department, it may not be rescinded. The department may not
 2860  approve the transfer if:
 2861         a. The amount of the exemption or credit or portion thereof
 2862  is unavailable to the transferring permitholder; or
 2863         b. The permitholder who is entitled to transfer the
 2864  exemption or credit or who is entitled to receive the exemption
 2865  or credit owes taxes to the state pursuant to a deficiency
 2866  letter or administrative complaint issued by the department.
 2867         2. Upon approval of the transfer by the department, the
 2868  transferred tax exemption or credit shall be effective for the
 2869  first performance of the next payment period as specified in s.
 2870  551.033(1). The exemption or credit transferred to such host
 2871  track may be applied by the host track against any taxes imposed
 2872  by this chapter or daily license fees imposed by this chapter.
 2873  The greyhound racing permitholder host track to which such
 2874  exemption or credit is transferred shall reimburse such
 2875  permitholder the exact monetary value of such transferred
 2876  exemption or credit as actually applied against the taxes and
 2877  daily license fees of the host track.
 2878         3. The department shall ensure that all transfers of
 2879  exemption or credit are made in accordance with this subsection
 2880  and may adopt rules to implement this section.
 2881         (8) TAX EXEMPTIONS.—
 2882         (a) An admission tax under this chapter or chapter 212 may
 2883  not be imposed on any free passes or complimentary cards issued
 2884  to persons for which there is no cost to the person for
 2885  admission to pari-mutuel events.
 2886         (b) A permitholder may issue tax-free passes to its
 2887  officers, officials, and employees; to other persons actually
 2888  engaged in working at the facility, including accredited press
 2889  representatives such as reporters and editors; and to other
 2890  permitholders for the use of their officers and officials. The
 2891  permitholder shall file with the department a list of all
 2892  persons to whom tax-free passes are issued under this paragraph.
 2893         (c) A permitholder is not required to pay tax on handle
 2894  until such time as this paragraph has resulted in a tax savings
 2895  per state fiscal year of $360,000. Thereafter, each permitholder
 2896  shall pay the tax as specified in subsections (4) and (5) on all
 2897  handle for the remainder of the permitholder’s current race
 2898  meet. For the three permitholders that conducted a full schedule
 2899  of live racing in 1995 and that are closest to another state
 2900  that authorizes greyhound pari-mutuel wagering, the maximum tax
 2901  savings per state fiscal year shall be $500,000. The provisions
 2902  of this paragraph relating to tax exemptions do not apply to any
 2903  charity or scholarship performances conducted pursuant to s.
 2904  551.039.
 2905         Section 48. Section 551.045, Florida Statutes, is created
 2906  to read:
 2907         551.045 Greyhound adoptions.—
 2908         (1) Each greyhound racing permitholder operating a
 2909  greyhound racing facility in this state shall provide for a
 2910  greyhound adoption booth to be located at the facility. The
 2911  greyhound adoption booth must be operated on weekends by
 2912  personnel or volunteers from an organization that promotes or
 2913  encourages the adoption of greyhounds and meets the requirements
 2914  for such organization specified under s. 551.043. As used in
 2915  this section, the term “weekend” includes the hours during which
 2916  live greyhound racing is conducted on Friday, Saturday, or
 2917  Sunday. Information pamphlets and application forms shall be
 2918  provided to the public upon request. The kennel operator or
 2919  owner shall notify the permitholder that a greyhound is
 2920  available for adoption, and the permitholder shall provide
 2921  information concerning the adoption of a greyhound in each race
 2922  program and shall post adoption information at conspicuous
 2923  locations throughout the greyhound racing facility. Any
 2924  greyhound participating in a race which will be available for
 2925  future adoption must be noted in the race program. The
 2926  permitholder shall allow greyhounds to be walked through the
 2927  track facility to publicize the greyhound adoption program.
 2928         (2) In addition to the charity days authorized under s.
 2929  551.039, a greyhound racing permitholder may fund the greyhound
 2930  adoption program by holding a charity racing day designated as
 2931  “Greyhound Adopt-A-Pet Day.” All profits derived from the
 2932  operation of the charity day must be placed into a fund used to
 2933  support activities at the racing facility which promote the
 2934  adoption of greyhounds. The department may adopt rules for
 2935  administering the fund. Proceeds from the charity day authorized
 2936  in this subsection may not be used as a source of funds for the
 2937  purposes set forth in s. 551.043.
 2938         (3) The department may impose a penalty as provided in s.
 2939  551.014(2)(i) for a violation of this section by a permitholder
 2940  or licensee and require the permitholder or licensee to take
 2941  corrective action.
 2942         Section 49. Section 551.0511, Florida Statutes, is created
 2943  to read:
 2944         551.0511 Horseracing; purse requirement; breeder and owner
 2945  awards.—
 2946         (1) The Legislature finds that the purse structure and the
 2947  availability of breeder awards are important factors in
 2948  attracting the entry of well-bred horses in race meets in this
 2949  state, which in turn helps to produce maximum racing revenues
 2950  for the state and the counties.
 2951         (2) Each permitholder conducting a horserace meet must pay
 2952  from the takeout withheld on pari-mutuel pools a sum for purses
 2953  in accordance with the type of race performed.
 2954         (3)(a) Takeout may be used for the payment of awards to
 2955  owners of registered Florida-bred horses placing first in a
 2956  claiming race, an allowance race, a maiden special race, or a
 2957  stakes race in which the announced purse, exclusive of entry and
 2958  starting fees and added moneys, does not exceed $40,000.
 2959         (b) The permitholder shall determine for each qualified
 2960  race the amount of the owner award for which a registered
 2961  Florida-bred horse will be eligible. The amount of the available
 2962  owner award shall be established in the same manner in which
 2963  purses are established and shall be published in the condition
 2964  book for the period during which the race is to be conducted. A
 2965  single award may not exceed 50 percent of the gross purse for
 2966  the race won.
 2967         (c) If the moneys generated under paragraph (a) during the
 2968  meet exceed owner awards earned during the meet, the excess
 2969  funds shall be held in a separate interest-bearing account, and
 2970  the total interest and principal shall be used to increase the
 2971  owner awards during the permitholder’s next meet.
 2972         (d) Breeder awards for thoroughbred racing and harness
 2973  racing authorized by ss. 551.0523(2) and 551.0542 may not be
 2974  paid on owner awards.
 2975         (e) This subsection governs only those owner awards paid on
 2976  thoroughbred races in this state, unless a written agreement is
 2977  filed with the department which establishes the rate,
 2978  procedures, and eligibility requirements for owner awards,
 2979  including place of finish, class of race, maximum purse, and
 2980  maximum award, and the agreement is entered into by the
 2981  permitholder, the Florida Thoroughbred Breeders’ and Owners’
 2982  Association, and the association representing a majority of the
 2983  racehorse owners and trainers at the permitholder’s location.
 2984         (4) The department shall adopt reasonable rules to ensure
 2985  the timely and accurate payment of all amounts withheld by
 2986  horseracing permitholders regarding the distribution of purses,
 2987  owner awards, and other amounts collected for payment to owners
 2988  and breeders. Each permitholder that fails to pay out all moneys
 2989  collected for payment to owners and breeders shall, within 10
 2990  days after the end of the meet during which the permitholder
 2991  underpaid, deposit an amount equal to the underpayment into a
 2992  separate interest-bearing account to be distributed to owners
 2993  and breeders in accordance with department rules.
 2994         Section 50. Section 551.0512, Florida Statutes, is created
 2995  to read:
 2996         551.0512 Breeder awards.—
 2997         (1) The purpose of this section is to encourage the
 2998  agricultural activity of breeding and training racehorses in
 2999  this state. Moneys dedicated in this chapter for use as breeder
 3000  awards and stallion awards are to be used for awards to breeders
 3001  of registered Florida-bred horses winning horseraces and for
 3002  similar awards to the owners of stallions who sired Florida-bred
 3003  horses winning stakes races, if the stallions are registered as
 3004  Florida stallions standing in this state. The awards shall be
 3005  given at a uniform rate to all winners of the awards. Such
 3006  awards may not be greater than 20 percent or less than 15
 3007  percent of the announced gross purse if funds are available. No
 3008  less than 17 percent and no more than 40 percent, as determined
 3009  by the Florida Thoroughbred Breeders’ and Owners’ Association,
 3010  of the moneys dedicated in this chapter for use as breeder
 3011  awards and stallion awards for thoroughbreds shall be returned
 3012  pro rata to the permitholders that generated the moneys for
 3013  special racing awards and shall be distributed by the
 3014  permitholders to owners of thoroughbred horses participating in
 3015  prescribed thoroughbred stakes races, nonstakes races, or both,
 3016  pursuant to a written agreement establishing the rate,
 3017  procedure, and eligibility requirements for such awards entered
 3018  into by the permitholder, the Florida Thoroughbred Breeders’ and
 3019  Owners’ Association, and the Florida Horsemen’s Benevolent and
 3020  Protective Association, Inc. However, the plan for the
 3021  distribution by any permitholder located in the area described
 3022  in s. 551.073(9) shall be agreed upon by that permitholder, the
 3023  Florida Thoroughbred Breeders’ and Owners’ Association, and the
 3024  association representing a majority of the thoroughbred
 3025  racehorse owners and trainers at that location. Awards for
 3026  thoroughbred races are to be paid through the Florida
 3027  Thoroughbred Breeders’ and Owners’ Association, and awards for
 3028  standardbred races are to be paid through the Florida
 3029  Standardbred Breeders and Owners Association. Among other
 3030  sources specified in this chapter, moneys for thoroughbred
 3031  breeder awards will come from the 0.955 percent of handle for
 3032  thoroughbred races conducted, received, broadcast, or simulcast
 3033  under this chapter as provided in s. 551.0523(2). The moneys for
 3034  quarter horse and harness horse breeder awards will come from
 3035  the breaks and uncashed tickets on live quarter horse and
 3036  harness racing performances and 1 percent of handle on
 3037  intertrack wagering. The funds for the breeder awards shall be
 3038  paid to the respective breeder associations by the permitholders
 3039  conducting the races.
 3040         (2) Each breeder association shall develop a plan each year
 3041  that will provide for a uniform rate of payment and procedure
 3042  for breeder and stallion awards. The plan for payment of breeder
 3043  and stallion awards may set a cap on winnings and may limit,
 3044  exclude, or defer payments on certain classes of races, such as
 3045  the Florida stallion stakes races, in order to ensure that there
 3046  are adequate revenues to meet the proposed uniform rate.
 3047  Priority shall be placed on imposing such restrictions in lieu
 3048  of allowing the uniform rate for breeder and stallion awards to
 3049  be less than 15 percent of the total purse payment. The plan
 3050  must provide for the maximum possible payments within revenues.
 3051         (3) Breeder associations shall submit their plans to the
 3052  department at least 60 days before the beginning of the payment
 3053  year. The payment year may be a calendar year or any 12-month
 3054  period, but once established, the payment year may not be
 3055  changed except for compelling reasons. Once a plan is approved,
 3056  the department may not allow the plan to be amended during the
 3057  year except for the most compelling reasons.
 3058         (4) Funds in the breeder association special payment
 3059  account may not be allowed to grow excessively; however, payment
 3060  each year is not required to equal receipts each year. The rate
 3061  each year shall be adjusted to compensate for changing revenues
 3062  from year to year.
 3063         (5)(a) The awards programs in this chapter are intended to
 3064  encourage thoroughbred breeding and training operations to
 3065  locate in this state and must be responsive to rapidly changing
 3066  incentive programs in other states. To attract such operations,
 3067  it is appropriate to provide greater flexibility to thoroughbred
 3068  industry participants in this state so that they may design
 3069  competitive awards programs.
 3070         (b) Notwithstanding any other provision of law, the Florida
 3071  Thoroughbred Breeders’ and Owners’ Association, as part of its
 3072  annual plan, may:
 3073         1. Pay breeder awards on horses finishing in first, second,
 3074  or third place in thoroughbred races; pay breeder awards that
 3075  are greater than 20 percent and less than 15 percent of the
 3076  announced gross purse; and vary the rates for breeder awards
 3077  based on the place of finish, class of race, state or country in
 3078  which the race took place, and the state in which the stallion
 3079  siring the horse was standing when the horse was conceived.
 3080         2. Pay stallion awards on horses finishing in first,
 3081  second, or third place in thoroughbred races; pay stallion
 3082  awards that are greater than 20 percent and less than 15 percent
 3083  of the announced gross purse; reduce or eliminate stallion
 3084  awards to enhance breeder awards or awards under subparagraph
 3085  3.; and vary the rates for stallion awards based on the place of
 3086  finish, class of race, and state or country in which the race
 3087  took place.
 3088         3. Pay awards from the funds dedicated for breeder awards
 3089  and stallion awards to owners of registered Florida-bred horses
 3090  finishing in first, second, or third place in thoroughbred races
 3091  in this state without regard to any awards paid pursuant to s.
 3092  551.0511(3).
 3093         (c) Breeder awards or stallion awards under this chapter
 3094  may not be paid on thoroughbred races taking place in other
 3095  states or countries unless agreed to in writing by all
 3096  thoroughbred racing permitholders in this state, the Florida
 3097  Thoroughbred Breeders’ and Owners’ Association, and the Florida
 3098  Horsemen’s Benevolent and Protective Association, Inc.
 3099         Section 51. Section 551.0521, Florida Statutes, is created
 3100  to read:
 3101         551.0521 Thoroughbred racing; operations.—
 3102         (1)(a) For a thoroughbred racing permitholder, a full
 3103  schedule of live events is at least 40 live regular wagering
 3104  performances during the state fiscal year.
 3105         (b) For a permitholder restricted by statute to certain
 3106  operating periods within the year when other members of its same
 3107  class of permit are authorized to operate throughout the year, a
 3108  full schedule of live events shall be the specified number of
 3109  live performances adjusted pro rata in accordance with the
 3110  relationship between its authorized operating period and the
 3111  full calendar year. The resulting specified number of live
 3112  performances shall constitute the full schedule of live events
 3113  for such permitholder and all other permitholders of the same
 3114  class within 100 air miles of such permitholder.
 3115         (2) Each thoroughbred racing permitholder, during the
 3116  period beginning December 15 and ending the following January 4,
 3117  shall annually file in writing with the department its
 3118  application to conduct one or more thoroughbred race meetings
 3119  during the thoroughbred racing season beginning the following
 3120  July 1. Each application shall specify the number and dates of
 3121  all performances that the permitholder intends to conduct during
 3122  that thoroughbred racing season. On or before March 15 of each
 3123  year, the department shall issue a license authorizing each
 3124  permitholder to conduct performances on the dates specified in
 3125  its application. Through February 28 of each year, each
 3126  permitholder may request and shall be granted changes in its
 3127  authorized performances. After February 28, each permitholder
 3128  must operate the full number of days authorized on each of the
 3129  dates set forth in its license as a condition precedent to the
 3130  validity of its license and its right to retain its permit.
 3131         (3) A thoroughbred racing permitholder may not begin any
 3132  race later than 7 p.m. A thoroughbred racing permitholder in a
 3133  county in which the authority for cardrooms has been approved by
 3134  the board of county commissioners may operate a cardroom and may
 3135  receive and rebroadcast out-of-state races after the hour of 7
 3136  p.m. on any day during which the permitholder conducts live
 3137  races.
 3138         (4)(a) Each licensed thoroughbred racing permitholder in
 3139  this state must run an average of one race per racing day in
 3140  which horses bred in this state and duly registered with the
 3141  Florida Thoroughbred Breeders’ and Owners’ Association have
 3142  preference as entries over non-Florida-bred horses, unless
 3143  otherwise agreed to in writing by the permitholder, the Florida
 3144  Thoroughbred Breeders’ and Owners’ Association, and the
 3145  association representing a majority of the thoroughbred
 3146  racehorse owners and trainers at that location. All licensed
 3147  thoroughbred tracks shall write the conditions for such races in
 3148  which Florida-bred horses are preferred so as to ensure that all
 3149  Florida-bred horses available for racing at such tracks are
 3150  given full opportunity to run in the class of races for which
 3151  they are qualified. The opportunity of running must be afforded
 3152  to each class of horses in the proportion that the number of
 3153  horses in this class bears to the total number of Florida-bred
 3154  horses available. A track is not required to write conditions
 3155  for a race to accommodate a class of horses for which a race
 3156  would otherwise not be run at the track during its meet.
 3157         (b) Each licensed thoroughbred racing permitholder in this
 3158  state may run one additional race per racing day composed
 3159  exclusively of Arabian horses registered with the Arabian Horse
 3160  Registry of America. A licensed thoroughbred racing permitholder
 3161  that elects to run one additional such race per racing day is
 3162  not required to provide stables for the Arabian horses racing
 3163  under this paragraph.
 3164         (c) Each licensed thoroughbred racing permitholder in this
 3165  state may run up to three additional races per racing day
 3166  composed exclusively of quarter horses registered with the
 3167  American Quarter Horse Association.
 3168         Section 52. Section 551.0522, Florida Statutes, is created
 3169  to read:
 3170         551.0522 Distribution of funds to a horsemen’s
 3171  association.—
 3172         (1) Each licensee that holds a permit for thoroughbred
 3173  racing in this state shall deduct from the purses required under
 3174  this part an amount of money equal to 1 percent of the total
 3175  purse pool and shall pay that amount to a horsemen’s association
 3176  representing the majority of the thoroughbred racehorse owners
 3177  and trainers for its use in accordance with the stated goals of
 3178  its articles of association filed with the Department of State.
 3179         (2) The funds are payable to the horsemen’s association
 3180  only upon presentation of a sworn statement by the officers of
 3181  the association that the horsemen’s association represents a
 3182  majority of the owners and trainers of thoroughbred horses
 3183  stabled in the state.
 3184         (3) Upon receiving a state license, each thoroughbred owner
 3185  and trainer shall receive automatic membership in the horsemen’s
 3186  association as defined in subsection (1) and be counted on the
 3187  membership rolls of that association unless, within 30 calendar
 3188  days after receipt of license from the state, the owner or
 3189  trainer declines membership in writing to the association.
 3190         (4) The department shall adopt rules to facilitate the
 3191  orderly transfer of funds in accordance with this section. The
 3192  department shall also monitor the membership rolls of the
 3193  horsemen’s association to ensure that complete, accurate, and
 3194  timely listings are maintained for the purposes specified in
 3195  this section.
 3196         Section 53. Section 551.0523, Florida Statutes, is created
 3197  to read:
 3198         551.0523 Thoroughbred racing.—
 3199         (1)THOROUGHBRED RACES.—
 3200         (a) Purses.
 3201         1. A permitholder conducting a thoroughbred race meet must
 3202  pay from the takeout withheld at least 7.75 percent of all
 3203  contributions to pari-mutuel pools conducted during the race
 3204  meet as purses. In addition to the 7.75-percent minimum purse
 3205  payment, permitholders conducting live thoroughbred racing
 3206  performances must pay as additional purses:
 3207         a. For performances conducted during the period beginning
 3208  January 3 and ending March 16, 0.625 percent of live handle.
 3209         b. For performances conducted during the period beginning
 3210  March 17 and ending May 22, 0.225 percent of live handle.
 3211         c. For performances conducted during the period beginning
 3212  May 23 and ending January 2, 0.85 percent of live handle.
 3213         2. Any thoroughbred racing permitholder whose total handle
 3214  on live performances during the 1991-1992 state fiscal year was
 3215  not greater than $34 million is not subject to the additional
 3216  purse payment under subparagraph 1.
 3217         3. A permitholder authorized to conduct thoroughbred racing
 3218  may withhold from the handle an additional 1 percent of exotic
 3219  pools for use as owner awards and 2 percent of exotic pools for
 3220  use as overnight purses. A permitholder may not withhold in
 3221  excess of 20 percent from the handle unless the permitholder
 3222  withholds the amounts set forth in this subsection.
 3223         (b) Intertrack Wagering; withholding from purse account.—An
 3224  amount equal to 8.5 percent of the purse account generated
 3225  through intertrack wagering and interstate simulcasting will be
 3226  used for Florida owner awards as set forth in subsection (2).
 3227  Any thoroughbred racing permitholder with an average blended
 3228  takeout that does not exceed 20 percent and with an average
 3229  daily purse distribution, excluding sponsorship, entry fees, and
 3230  nominations, exceeding $225,000 is exempt from this subsection.
 3231         (2) AWARDS.—Each horseracing permitholder conducting any
 3232  thoroughbred racing, including any intertrack race taken
 3233  pursuant to this part or any interstate simulcast taken pursuant
 3234  to s. 551.072(3), shall pay a sum equal to 0.955 percent of all
 3235  pari-mutuel pools conducted during any such race for the payment
 3236  of breeder, stallion, or special racing awards as authorized in
 3237  this chapter. This subsection also applies to all Breeder’s Cup
 3238  races conducted outside this state taken pursuant to s.
 3239  551.072(3). For any race originating live in this state which is
 3240  broadcast out-of-state to any location at which wagers are
 3241  accepted pursuant to s. 551.072(2), the host track shall pay
 3242  3.475 percent of the gross revenue derived from such out-of
 3243  state broadcasts as breeder, stallion, or special racing awards.
 3244  The Florida Thoroughbred Breeders’ and Owners’ Association may
 3245  receive these payments from the permitholders and make payments
 3246  of awards earned. The Florida Thoroughbred Breeders’ and Owners’
 3247  Association may withhold up to 10 percent of the permitholder’s
 3248  payments under this section as a fee for administering the
 3249  payments of awards and for general promotion of the industry.
 3250  The permitholder shall remit these payments to the Florida
 3251  Thoroughbred Breeders’ and Owners’ Association by the 5th day of
 3252  each calendar month for such sums accruing during the preceding
 3253  calendar month and shall report such payments to the department
 3254  as required by the department. Breeder awards authorized by this
 3255  subsection may not be paid on owner awards. With the exception
 3256  of the 10-percent fee, the moneys paid by the permitholders
 3257  shall be maintained in a separate, interest-bearing account, and
 3258  such payments together with any interest earned shall be used
 3259  exclusively for the payment of breeder, stallion, or special
 3260  racing awards in accordance with the following:
 3261         (a) Breeder awards.
 3262         1. The breeder of each Florida-bred thoroughbred winning a
 3263  thoroughbred race is entitled to an award of up to, but not
 3264  exceeding, 20 percent of the announced gross purse, including
 3265  nomination fees, eligibility fees, starting fees, supplementary
 3266  fees, and moneys added by the sponsor of the race.
 3267         2. The breeder of a Florida-bred thoroughbred is eligible
 3268  to receive a breeder award if the horse is registered as a
 3269  Florida-bred horse with the Florida Thoroughbred Breeders’ and
 3270  Owners’ Association and if the Jockey Club certificate for the
 3271  horse shows that it is duly registered as a Florida-bred horse
 3272  as evidenced by the seal and the proper serial number assigned
 3273  by the Florida Thoroughbred Breeders’ and Owners’ Association
 3274  registry. The Florida Thoroughbred Breeders’ and Owners’
 3275  Association may charge the registrant a reasonable fee for the
 3276  verification and registration.
 3277         (b) Stallion awards and recordkeeping.
 3278         1. The owner of the sire of a Florida-bred thoroughbred
 3279  that wins a stakes race is entitled to a stallion award of up to
 3280  20 percent of the announced gross purse, including nomination
 3281  fees, eligibility fees, starting fees, supplementary fees, and
 3282  moneys added by the sponsor of the race.
 3283         2. The owner of the sire of a thoroughbred winning a stakes
 3284  race is eligible to receive a stallion award if:
 3285         a. The stallion was registered with the Florida
 3286  Thoroughbred Breeders’ and Owners’ Association;
 3287         b. The breeding of the registered Florida-bred horse
 3288  occurred in this state; and
 3289         c. The stallion is standing permanently in this state
 3290  between February 1 and June 15 of each year, or, if the stallion
 3291  has died, it stood permanently in this state for a period of at
 3292  least 1 year immediately before its death.
 3293         3. If a stallion is removed from this state between
 3294  February 1 and June 15 of any year for any reason other than for
 3295  prescribed medical treatment approved by the Florida
 3296  Thoroughbred Breeders’ and Owners’ Association, the owner of the
 3297  stallion is not eligible to receive a stallion award for
 3298  offspring sired before removal. However, if a removed stallion
 3299  is returned to this state, the owner of the stallion is eligible
 3300  to receive stallion awards, but only for those offspring sired
 3301  after the stallion returned to this state.
 3302         4. The Florida Thoroughbred Breeders’ and Owners’
 3303  Association shall maintain a record of all of the following:
 3304         a. The date the stallion arrived in this state for the
 3305  first time.
 3306         b. Whether the stallion permanently remained in this state.
 3307         c. The location of the stallion.
 3308         d. Whether the stallion is still standing in this state.
 3309         e. Awards earned, received, and distributed.
 3310         5. The association may charge the owner or breeder a
 3311  reasonable fee for services rendered under this paragraph.
 3312         (c) Special racing awards.The owner of a thoroughbred
 3313  participating in thoroughbred stakes races, nonstakes races, or
 3314  both may receive a special racing award in accordance with the
 3315  agreement established pursuant to s. 551.0512(1).
 3316         (d) Reporting and recordkeeping requirements.
 3317         1. A permitholder conducting a thoroughbred race shall,
 3318  within 30 days after the end of the race meet during which the
 3319  race is conducted, certify to the Florida Thoroughbred Breeders’
 3320  and Owners’ Association such information relating to the
 3321  thoroughbred winning a stakes or other horserace at the meet as
 3322  may be required to determine the eligibility for payment of
 3323  breeder, stallion, and special racing awards.
 3324         2. The Florida Thoroughbred Breeders’ Association shall
 3325  maintain complete records showing the starters and winners in
 3326  all races conducted at thoroughbred tracks in this state and
 3327  records showing awards earned, received, and distributed. The
 3328  association may charge the owner or breeder a reasonable fee for
 3329  this service.
 3330         (e) Rates and procedures.The Florida Thoroughbred
 3331  Breeders’ and Owners’ Association shall annually establish a
 3332  uniform rate and procedure plan for the payment of breeder and
 3333  stallion awards and shall make breeder and stallion award
 3334  payments in strict compliance with the established uniform rate
 3335  and procedure plan. The plan may set a cap on winnings and may
 3336  limit, exclude, or defer payments to certain classes of races,
 3337  such as the Florida stallion stakes races, in order to ensure
 3338  that there are adequate revenues to meet the proposed uniform
 3339  rate. Such plan must include proposals for the general promotion
 3340  of the industry. Priority shall be placed upon imposing such
 3341  restrictions in lieu of allowing the uniform rate to be less
 3342  than 15 percent of the total purse payment. The uniform rate and
 3343  procedure plan must be approved by the department before
 3344  implementation. In the absence of an approved plan and
 3345  procedure, the authorized rate for breeder and stallion awards
 3346  is 15 percent of the announced gross purse for each race. Such
 3347  purse must include nomination fees, eligibility fees, starting
 3348  fees, supplementary fees, and moneys added by the sponsor of the
 3349  race. If the funds in the account for payment of breeder and
 3350  stallion awards are not sufficient to meet all earned breeder
 3351  and stallion awards, those breeders and stallion owners not
 3352  receiving payments have first call on any subsequent receipts in
 3353  that or any subsequent year.
 3354         (f) Reports.—The Florida Thoroughbred Breeders’ and Owners’
 3355  Association shall keep accurate records showing receipts and
 3356  disbursements of such payments and shall annually file a
 3357  complete report with the department showing such receipts and
 3358  disbursements and the sums withheld for administration. The
 3359  department may audit the records and accounts of the Florida
 3360  Thoroughbred Breeders’ and Owners’ Association to determine
 3361  whether payments have been made to eligible breeders and
 3362  stallion owners in accordance with this section.
 3363         (g) Noncompliance.—If the department finds that the Florida
 3364  Thoroughbred Breeders’ and Owners’ Association has not complied
 3365  with this section, the department may order the association to
 3366  cease and desist from receiving and administering funds under
 3367  this section. If the department enters such an order, the
 3368  permitholder shall make the payments authorized in this section
 3369  to the department for deposit into the Gaming Control Trust
 3370  Fund, and any funds in the Florida Thoroughbred Breeders’ and
 3371  Owners’ Association account shall be immediately paid to the
 3372  department for deposit into the Gaming Control Trust Fund. The
 3373  department shall authorize payment from these funds to any
 3374  breeder or stallion owner entitled to an award that has not been
 3375  previously paid by the Florida Thoroughbred Breeders’ and
 3376  Owners’ Association in accordance with the applicable rate.
 3377         Section 54. Section 551.0524, Florida Statutes, is created
 3378  to read:
 3379         551.0524 Breeders’ Cup Meet.—
 3380         (1) Notwithstanding any provision of this chapter, there is
 3381  created a special thoroughbred race meet designated as the
 3382  “Breeders’ Cup Meet.” Breeders’ Cup Limited shall select the
 3383  Florida permitholder to conduct the Breeders’ Cup Meet at its
 3384  facility. Upon selection of the Florida permitholder as host for
 3385  the Breeders’ Cup Meet and application by the selected
 3386  permitholder, the department shall issue a license to the
 3387  selected permitholder to operate the Breeders’ Cup Meet. The
 3388  Breeders’ Cup Meet may be conducted on dates that the selected
 3389  permitholder is not otherwise authorized to conduct a race meet.
 3390  The Breeders’ Cup Meet shall consist of 3 days: the day on which
 3391  the Breeders’ Cup races are conducted, the preceding day, and
 3392  the subsequent day.
 3393         (2) The permitholder conducting the Breeders’ Cup Meet may
 3394  create pari-mutuel pools during the Breeders’ Cup Meet by
 3395  accepting pari-mutuel wagers on the thoroughbred races run
 3396  during such meet.
 3397         (3) The permitholder conducting the Breeders’ Cup Meet is
 3398  exempt from the payment of purses and other payments to horsemen
 3399  on all on-track, intertrack, interstate, and international
 3400  wagers or rights fees or payments arising therefrom for all
 3401  races for which the purse is paid or supplied by Breeders’ Cup
 3402  Limited. However, the permitholder conducting the Breeders’ Cup
 3403  Meet is not exempt from breeder awards payments for on-track and
 3404  intertrack wagers as provided in ss. 551.0542(2) and 551.074(2)
 3405  for races in which the purse is paid or supplied by Breeders’
 3406  Cup Limited.
 3407         (4)(a) Pursuant to s. 551.072(2), the permitholder
 3408  conducting the Breeders’ Cup Meet may transmit broadcasts of the
 3409  races conducted during the Breeders’ Cup Meet to locations
 3410  outside of this state for wagering purposes. The department may
 3411  approve broadcasts to pari-mutuel permitholders and other
 3412  betting systems authorized under the laws of any other state or
 3413  country. Wagers accepted by any out-of-state pari-mutuel
 3414  permitholder or betting system on any races broadcast under this
 3415  section may be commingled with the pari-mutuel pools of the
 3416  permitholder conducting the Breeders’ Cup Meet. Payoff on
 3417  national pari-mutuel pools with commingled wagers may be
 3418  calculated by the permitholder’s totalisator contractor at a
 3419  location outside of this state. Pool amounts from wagers placed
 3420  at pari-mutuel facilities or other betting systems in foreign
 3421  countries before being commingled with the pari-mutuel pool of
 3422  the Florida permitholder conducting the Breeders’ Cup Meet shall
 3423  be calculated by the totalisator contractor and transferred to
 3424  the commingled pool in United States currency in cycles
 3425  customarily used by the permitholder. Pool amounts from wagers
 3426  placed at any foreign pari-mutuel facility or other betting
 3427  system may not be commingled with a Florida pool until a
 3428  determination is made by the department that the technology used
 3429  by the totalisator contractor is adequate to ensure commingled
 3430  pools will result in the calculation of accurate payoffs to
 3431  Florida bettors. Any totalisator contractor at a location
 3432  outside of this state shall comply with s. 551.078 relating to
 3433  totalisator licensing.
 3434         (b) The permitholder conducting the Breeders’ Cup Meet may
 3435  transmit broadcasts of the races conducted during the Breeders’
 3436  Cup Meet to other pari-mutuel facilities located in this state
 3437  for wagering purposes. However, the permitholder conducting the
 3438  Breeders’ Cup Meet is not required to transmit broadcasts to any
 3439  pari-mutuel facility located within 25 miles of the facility at
 3440  which the Breeders’ Cup Meet is conducted.
 3441         (5) The department may adopt rules necessary to facilitate
 3442  the Breeders’ Cup Meet as authorized in this section and may
 3443  adopt or waive rules regarding the overall conduct of racing
 3444  during the Breeders’ Cup Meet to ensure the integrity of the
 3445  races, licensing for all participants, special stabling and
 3446  training requirements for foreign horses, commingling of pari
 3447  mutuel pools, and audit requirements for tax credits and other
 3448  benefits.
 3449         (6) This section shall prevail over any conflicting
 3450  provisions of this chapter.
 3451         Section 55. Section 551.053, Florida Statutes, is created
 3452  to read:
 3453         551.053 Thoroughbred racing; taxes and fees.—
 3454         (1) FINDINGS.—The Legislature finds that pari-mutuel
 3455  wagering at thoroughbred tracks in this state is an important
 3456  business enterprise, and taxes derived therefrom constitute a
 3457  part of the tax structure that funds operations of the state.
 3458  Thoroughbred racing permitholders should pay their fair share of
 3459  these taxes to the state but should not be taxed to such an
 3460  extent as to cause any racetrack that is operated under sound
 3461  business principles to be forced out of business. Due to the
 3462  need to protect the public health, safety, and welfare, the
 3463  gaming laws of the state provide for the thoroughbred industry
 3464  to be highly regulated and taxed. The state recognizes that
 3465  identifiable differences exist between thoroughbred racing
 3466  permitholders based upon their ability to operate under such
 3467  regulation and tax system and at different periods during the
 3468  year.
 3469         (2) DAILY LICENSE FEE.—Each licensed permitholder engaged
 3470  in the business of conducting thoroughbred race meetings shall
 3471  pay to the department, for the use of the department, a daily
 3472  license fee on each live or simulcast pari-mutuel event of $100
 3473  for each thoroughbred race conducted at the licensee’s
 3474  racetrack. Each permitholder shall pay daily license fees not to
 3475  exceed $500 per day on any simulcast event on which such
 3476  permitholder accepts wagers regardless of the number of out-of
 3477  state events taken or the number of out-of-state locations from
 3478  which such events are taken. The daily license fees shall be
 3479  remitted to the Chief Financial Officer for deposit into the
 3480  Gaming Control Trust Fund.
 3481         (3) ADMISSION TAX.—An admission tax equal to the greater of
 3482  15 percent of the admission charge for entrance to the
 3483  permitholder’s facility and grandstand area or 10 cents is
 3484  imposed on each person attending a thoroughbred race. The
 3485  permitholder is responsible for collecting the admission tax.
 3486         (4) TAX ON LIVE HANDLE.—
 3487         (a) Each permitholder shall pay a tax on live handle from
 3488  races conducted by the permitholder. The tax is imposed daily
 3489  and is based on the total contributions to all pari-mutuel pools
 3490  conducted during the daily live performance. If a permitholder
 3491  conducts more than one live performance daily, the tax is
 3492  imposed on each live performance separately.
 3493         (b) The tax on live handle for thoroughbred racing
 3494  performances is 0.5 percent of the handle.
 3495         (5) TAX ON HANDLE FROM INTERTRACK WAGERING.—If the host
 3496  facility is a thoroughbred race track, the tax on handle for
 3497  intertrack wagering is 2.0 percent of the handle with the
 3498  following exceptions:
 3499         (a) If the host facility and the guest facility are
 3500  thoroughbred racing permitholders, the tax on handle for
 3501  intertrack wagering is 0.5 percent of the handle.
 3502         (b) If the guest facility is located outside the market
 3503  area of the host facility and within the market area of a
 3504  thoroughbred racing permitholder currently conducting a live
 3505  race meet, the tax on handle for intertrack wagering is 0.5
 3506  percent of the handle.
 3507         (c) On rebroadcasts of simulcast thoroughbred races:
 3508         1. The tax on handle for intertrack wagering is 2.4 percent
 3509  of the handle.
 3510         2. If the guest facility is a thoroughbred race track
 3511  located more than 35 miles from the host facility, the host
 3512  track shall pay a tax of 0.5 percent of the handle, and shall
 3513  pay to the guest track 1.9 percent of the handle to be used by
 3514  the guest track solely for purses.
 3515         (6) OTHER TAXES AND FEES.—
 3516         (a) All moneys or other property represented by any
 3517  unclaimed, uncashed, or abandoned pari-mutuel ticket that has
 3518  remained in the custody of or under the control of any
 3519  thoroughbred racing permitholder for 1 year after the date the
 3520  pari-mutuel ticket was issued, if the rightful owner or owners
 3521  thereof have made no claim or demand for such money or other
 3522  property within the 1-year period, shall escheat to and become
 3523  the property of the state.
 3524         (b) Notwithstanding paragraph (a), uncashed tickets and
 3525  breaks on live racing conducted by a thoroughbred racing
 3526  permitholder shall be retained by the permitholder conducting
 3527  the live race.
 3528         (7) TAX CREDITS.—
 3529         (a) Retired jockey funds contributions.—A thoroughbred
 3530  racing permitholder may receive a credit against taxes on live
 3531  handle due for a taxable year equal to the amount of
 3532  contributions it made during the taxable year directly to the
 3533  Jockeys’ Guild or its health and welfare fund to provide health
 3534  and welfare benefits for active, disabled, and retired Florida
 3535  jockeys and their dependents pursuant to reasonable rules of
 3536  eligibility established by the Jockeys’ Guild. A thoroughbred
 3537  racing permitholder may not receive a credit greater than an
 3538  amount equal to 1 percent of its paid taxes for the preceding
 3539  taxable year.
 3540         (b) Breeders’ Cup.—
 3541         1. A permitholder located within 35 miles of the
 3542  permitholder conducting the Breeders’ Cup Meet may not conduct a
 3543  thoroughbred race meet on any of the 3 days of the Breeders’ Cup
 3544  Meet. The permitholders prohibited from operating during the
 3545  Breeders’ Cup Meet shall receive a credit against the taxes
 3546  otherwise due and payable to the state under this part. The
 3547  credit shall be an amount equal to the operating loss determined
 3548  to have been suffered by the operating permitholders as a result
 3549  of not operating on the prohibited racing days but shall not
 3550  exceed $950,000. The determination of the amount to be credited
 3551  shall be made by the department upon application by the affected
 3552  permitholder. The tax credits provided in this subsection shall
 3553  not be available unless an operating permitholder is required to
 3554  close a meet consisting in part of no fewer than 10 scheduled
 3555  performances in the 15 days immediately preceding or 10
 3556  scheduled performances in the 15 days immediately following the
 3557  Breeders’ Cup Meet. Such tax credit shall be in lieu of any
 3558  other compensation or consideration for the loss of racing days.
 3559  There shall be no replacement or makeup of any lost racing days.
 3560         2. The permitholder conducting the Breeders’ Cup Meet shall
 3561  receive a credit against the taxes otherwise due and payable to
 3562  the state under this section generated during the permitholder’s
 3563  next ensuing regular thoroughbred race meet. Such credit shall
 3564  not exceed $950,000 and shall be used by the permitholder to pay
 3565  the purses offered by the permitholder during the Breeders’ Cup
 3566  Meet in excess of the purses that the permitholder is otherwise
 3567  required by law to pay. The amount to be credited shall be
 3568  determined by the department upon application of the
 3569  permitholder which is subject to audit by the department.
 3570         3. The permitholder conducting the Breeders’ Cup Meet shall
 3571  receive a credit against the taxes otherwise due and payable to
 3572  the state under this part which are generated during the
 3573  permitholder’s next ensuing regular thoroughbred race meet. Such
 3574  credit shall not exceed $950,000 and shall be used by the
 3575  permitholder for capital improvements and extraordinary expenses
 3576  as necessary for operation of the Breeders’ Cup Meet. The amount
 3577  to be credited shall be determined by the department upon
 3578  application of the permitholder which is subject to audit by the
 3579  department.
 3580         4. The tax credits provided in this paragraph may not be
 3581  granted to or claimed by the permitholder until an audit is
 3582  completed by the department. The department must complete the
 3583  audit within 30 days after receipt of the necessary
 3584  documentation from the permitholder to verify the permitholder’s
 3585  claim for tax credits. If the documentation submitted by the
 3586  permitholder is incomplete or is insufficient to document the
 3587  permitholder’s claim for tax credits, the department may request
 3588  such additional documentation as necessary to complete the
 3589  audit. Upon receipt by the department of the additional
 3590  documentation requested, the 30-day time limitation begins anew.
 3591         5. Any dispute between the department and a permitholder
 3592  regarding the tax credits authorized under this paragraph shall
 3593  be determined by a hearing officer of the Division of
 3594  Administrative Hearings under s. 120.57(1).
 3595         (8) TAX EXEMPTIONS.—
 3596         (a) Free passes.An admission tax under this chapter or
 3597  chapter 212 may not be imposed on any free passes or
 3598  complimentary cards issued to persons for which there is no cost
 3599  to the person for admission to pari-mutuel events. A
 3600  permitholder may issue tax-free passes to its officers,
 3601  officials, and employees; to other persons actually engaged in
 3602  working at the facility, including accredited press
 3603  representatives such as reporters and editors; and to other
 3604  permitholders for the use of their officers and officials. The
 3605  permitholder shall file with the department a list of all
 3606  persons to whom tax-free passes are issued under this paragraph.
 3607         (b) Breeders’ Cup.—Notwithstanding any other provision of
 3608  this section, the permitholder conducting the Breeders’ Cup Meet
 3609  shall pay no taxes on the handle included within the pari-mutuel
 3610  pools of the permitholder during the Breeders’ Cup Meet.
 3611         (9) FAILURE TO PAY TAXES.—
 3612         (a) The permit of a thoroughbred racing permitholder that
 3613  does not pay tax on handle for live thoroughbred racing
 3614  performances for a full schedule of live racing during any 2
 3615  consecutive fiscal years shall be void and shall escheat to and
 3616  become the property of the state unless such failure to operate
 3617  and pay tax on handle was the direct result of fire, strike,
 3618  war, or other disaster or event beyond the ability of the
 3619  permitholder to control. Financial hardship to the permitholder
 3620  is not, in and of itself, just cause for failure to operate and
 3621  pay tax on handle.
 3622         (b) In order to maximize the tax revenues to the state, the
 3623  department shall reissue an escheated thoroughbred racing permit
 3624  to a qualified applicant pursuant to this chapter as for the
 3625  issuance of an initial permit. However, the provisions of this
 3626  chapter relating to referendum requirements for a pari-mutuel
 3627  permit do not apply to the reissuance of an escheated
 3628  thoroughbred racing permit. As specified in the application and
 3629  upon approval by the department of an application for the
 3630  permit, the new permitholder may operate a thoroughbred racing
 3631  facility anywhere in the same county in which the escheated
 3632  permit was authorized to be operated, notwithstanding the
 3633  provisions of s. 551.021(2) relating to mileage limitations.
 3634         (10) If a court determines any provision of subsection (1),
 3635  paragraph (4)(b), subparagraph (5)(c)2., paragraph (7)(a), or
 3636  subsection (9) to be unconstitutional, it is the intent of the
 3637  Legislature that all such provisions be void and that the
 3638  remaining provisions of this section shall apply to all
 3639  thoroughbred racing permitholders beginning on the date of such
 3640  judicial determination. To this end, the Legislature declares
 3641  that it would not have enacted any of the provisions listed in
 3642  this subsection individually and, to that end, expressly finds
 3643  them not to be severable.
 3644         Section 56. Section 551.0541, Florida Statutes, is created
 3645  to read:
 3646         551.0541 Operation of certain harness race tracks.—
 3647         (1) The Legislature finds that the operation of harness
 3648  race tracks and legalized pari-mutuel betting at harness race
 3649  tracks in this state will become a substantial business
 3650  compatible with the best interests of the state and that the
 3651  taxes derived from such enterprises will constitute an important
 3652  and integral part of the tax structure of the state and
 3653  counties. The Legislature further finds that the operation of
 3654  harness race tracks within the state will establish and
 3655  encourage the acquisition and maintenance of breeding farms for
 3656  the breeding of standardbred horses used in harness races and
 3657  that this exhibition sport will attract a large tourist business
 3658  to the state.
 3659         (2)(a) For a harness racing permitholder, a full schedule
 3660  of live events is at least 100 live regular wagering
 3661  performances during the fiscal year.
 3662         (b) For a permitholder restricted by statute to certain
 3663  operating periods within the year when other members of its same
 3664  class of permit are authorized to operate throughout the year, a
 3665  full schedule of live events shall be the specified number of
 3666  live performances adjusted pro rata in accordance with the
 3667  relationship between its authorized operating period and the
 3668  full calendar year. The resulting specified number of live
 3669  performances shall constitute the full schedule of live events
 3670  for such permitholder and all other permitholders of the same
 3671  class within 100 air miles of such permitholder.
 3672         (3) Notwithstanding any contrary provisions of this
 3673  chapter, a permitholder or licensee may transfer the location of
 3674  its permit and may conduct harness racing only between the hours
 3675  of 7 p.m. and 2 a.m. pursuant to the following:
 3676         (a) The permit so transferred applies only to the location
 3677  and operation of a licensed harness race track within 100 air
 3678  miles of the location of a racetrack authorized to conduct
 3679  racing under this chapter; and
 3680         (b) The harness race track must be located in an area in
 3681  which three horse tracks are located within 100 air miles.
 3682         (4) A permit may not be issued for the operation of a
 3683  harness race track within 75 air miles of a harness race track
 3684  licensed and operating under this chapter.
 3685         (5) The permitholder conducting a harness race meet must
 3686  pay the daily license fee, the admission tax, the tax on breaks,
 3687  and the tax on pari-mutuel handle provided in s. 551.0543 and is
 3688  subject to all penalties and sanctions provided in s.
 3689  551.033(2).
 3690         (6) Each licensed harness race track in the state must
 3691  schedule an average of one race per racing day in which horses
 3692  bred in this state and duly registered as standardbred harness
 3693  horses have preference as entries over non-Florida-bred horses.
 3694  All licensed harness race tracks must write the conditions for
 3695  such races in which Florida-bred horses are preferred to ensure
 3696  that all Florida-bred horses available for racing at such tracks
 3697  are given full opportunity to perform in the class races for
 3698  which they are qualified. The opportunity to perform must be
 3699  afforded to each class of horses in proportion with the number
 3700  of horses in this class as compared to the total number of
 3701  Florida-bred horses available. However, a track is not required
 3702  to write conditions for a race to accommodate a class of horses
 3703  for which a race would otherwise not be scheduled at such track
 3704  during its meeting.
 3705         (7) If a permit has been transferred from a county under
 3706  this section, no other transfer is permitted from such county.
 3707         (8) Any harness race track licensed to operate under
 3708  subsections (1)-(7) may make application for, and shall be
 3709  issued by the department, a license to operate not more than 50
 3710  quarter horse racing days during the summer season, which shall
 3711  extend from July 1 until October 1 of each year. Such license to
 3712  operate quarter horse racing for up to 50 days is in addition to
 3713  the racing days and dates provided in subsections (1)-(7) for
 3714  harness racing during the winter seasons and does not affect the
 3715  right of such licensee to operate harness racing at the track as
 3716  provided in subsections (1)-(7) during the winter season. All
 3717  provisions of this chapter governing quarter horse racing not in
 3718  conflict with this subsection apply to the operation of quarter
 3719  horse meetings authorized in this subsection. However, all
 3720  quarter horse racing permitted under this subsection shall be
 3721  conducted at night.
 3722         Section 57. Section 551.0542, Florida Statutes, is created
 3723  to read:
 3724         551.0542 Harness races.—
 3725         (1) PURSE REQUIREMENT.—
 3726         (a) A permitholder conducting a harness race meet must pay
 3727  to the purse pool from the takeout withheld a purse requirement
 3728  of at least 8.25 percent of all contributions to pari-mutuel
 3729  pools conducted during the race meet. At least 7.75 percent of
 3730  the total handle shall be paid from this purse pool as purses.
 3731         (b) An amount not to exceed 0.5 percent of the total handle
 3732  on all harness races that are subject to the purse requirement
 3733  of paragraph (a) must be available for use to provide medical,
 3734  dental, surgical, life, funeral, or disability insurance
 3735  benefits for occupational licensees who work at tracks in this
 3736  state at which harness races are conducted. Such insurance
 3737  benefits must be paid from the purse pool specified in
 3738  subparagraph 1. An annual plan for payment of insurance benefits
 3739  from the purse pool, including qualifications for eligibility,
 3740  must be submitted by the Florida Standardbred Breeders and
 3741  Owners Association for approval to the department. An annual
 3742  report of the implemented plan shall be submitted to the
 3743  department. All records of the Florida Standardbred Breeders and
 3744  Owners Association concerning the administration of the plan
 3745  must be available for audit at the discretion of the department
 3746  to determine whether the plan has been implemented and
 3747  administered as authorized. If the department finds that the
 3748  Florida Standardbred Breeders and Owners Association has not
 3749  complied with this section, the department may order the
 3750  association to cease and desist from administering the plan and
 3751  shall appoint the department as temporary administrator of the
 3752  plan until the department reestablishes administration of the
 3753  plan with the association.
 3754         (2) AWARDS; STANDARDBRED HORSES.—Each permitholder
 3755  conducting a harness race shall pay a sum equal to the breaks on
 3756  all pari-mutuel pools conducted during that race for the payment
 3757  of breeder awards, stallion awards, and stallion stakes and for
 3758  additional expenditures as authorized in this section. The
 3759  Florida Standardbred Breeders and Owners Association may receive
 3760  these payments from permitholders and make payments as
 3761  authorized in this subsection. The Florida Standardbred Breeders
 3762  and Owners Association may withhold up to 10 percent of the
 3763  permitholder’s payments under this section and under s. 551.0543
 3764  as a fee for administering the payments. The permitholder shall
 3765  remit these payments to the Florida Standardbred Breeders and
 3766  Owners Association by the 5th day of each calendar month for
 3767  such sums accruing during the preceding calendar month and shall
 3768  report such payments to the department as required by the
 3769  department. With the exception of the 10-percent fee for
 3770  administering the payments and the use of the moneys authorized
 3771  by paragraph (g), the moneys paid by the permitholders shall be
 3772  maintained in a separate, interest-bearing account, and such
 3773  payments together with any interest earned shall be allocated
 3774  for the payment of breeder awards, stallion awards, stallion
 3775  stakes, additional purses, and prizes for, and the general
 3776  promotion of owning and breeding, Florida-bred standardbred
 3777  horses. Breeder awards authorized by this subsection may not be
 3778  paid on owner awards. Payment of breeder awards and stallion
 3779  awards shall be made pursuant to the following:
 3780         (a) Breeder awards.
 3781         1. The breeder of each Florida-bred standardbred horse that
 3782  wins a harness race is entitled to an award of up to 20 percent
 3783  of the announced gross purse, including nomination fees,
 3784  eligibility fees, starting fees, supplementary fees, and moneys
 3785  added by the sponsor of the race.
 3786         2. The breeder of a Florida-bred standardbred horse is
 3787  eligible to receive a breeder award if the horse winning the
 3788  race was registered as a Florida-bred horse with the Florida
 3789  Standardbred Breeders and Owners Association and if a
 3790  registration certificate under seal for the winning horse shows
 3791  that the winner is duly registered as a Florida-bred horse as
 3792  evidenced by the seal and proper serial number of the United
 3793  States Trotting Association registry. The Florida Standardbred
 3794  Breeders and Owners Association may charge the registrant a
 3795  reasonable fee for the verification and registration.
 3796         (b) Stallion awards and recordkeeping.
 3797         1. The owner of the sire of a Florida-bred standardbred
 3798  horse that wins a stakes race is entitled to a stallion award of
 3799  up to 20 percent of the announced gross purse, including
 3800  nomination fees, eligibility fees, starting fees, supplementary
 3801  fees, and moneys added by the sponsor of the race.
 3802         2. The owner of the sire of a standardbred horse that wins
 3803  a stakes race is eligible to receive a stallion award if:
 3804         a. The stallion is registered with the Florida Standardbred
 3805  Breeders and Owners Association;
 3806         b. The breeding of the registered Florida-bred horse
 3807  occurred in this state; and
 3808         c. The stallion is standing permanently in this state or,
 3809  if the stallion has died, it stood permanently in this state for
 3810  a period of at least 1 year immediately before its death.
 3811         3. If a stallion is removed from this state for any reason
 3812  other than prescribed medical treatment, the owner of the
 3813  stallion is not eligible to receive a stallion award under any
 3814  circumstances for offspring sired before removal. However, if a
 3815  removed stallion is returned to this state, the owner of the
 3816  stallion is eligible to receive a stallion award, but only for
 3817  those offspring sired after the stallion returned to this state.
 3818         4. The Florida Standardbred Breeders and Owners Association
 3819  shall maintain a record of all of the following:
 3820         a. The date the stallion arrived in this state for the
 3821  first time.
 3822         b. Whether the stallion remained in this state permanently.
 3823         c. The location of the stallion.
 3824         d. Whether the stallion is still standing in this state.
 3825         e. Awards earned, received, and distributed.
 3826         5. The association may charge the owner, owners, or breeder
 3827  a reasonable fee for services rendered under this paragraph.
 3828         (c) Reporting.
 3829         1. A permitholder conducting a harness race shall, within
 3830  30 days after the end of the race meet during which the race is
 3831  conducted, certify to the Florida Standardbred Breeders and
 3832  Owners Association such information relating to the horse
 3833  winning a stakes or other horserace at the meet as may be
 3834  required to determine the eligibility for payment of breeder
 3835  awards and stallion awards.
 3836         2. The Florida Standardbred Breeders and Owners Association
 3837  shall maintain complete records showing the starters and winners
 3838  in all races conducted at harness horse racetracks in this
 3839  state; shall maintain complete records showing awards earned,
 3840  received, and distributed; and may charge the owner, owners, or
 3841  breeder a reasonable fee for this service.
 3842         (d) Rates and procedures.The Florida Standardbred Breeders
 3843  and Owners Association shall annually establish a uniform rate
 3844  and procedure plan for the payment of breeder awards, stallion
 3845  awards, stallion stakes, additional purses, and prizes for
 3846  Florida-bred standardbred horses, and for the general promotion
 3847  of owning and breeding such horses, and shall make award
 3848  payments and allocations in strict compliance with the
 3849  established uniform rate and procedure plan. The plan may set a
 3850  cap on winnings and may limit, exclude, or defer payments to
 3851  certain classes of races, such as the Florida Breeders’ stakes
 3852  races, in order to ensure that there are adequate revenues to
 3853  meet the proposed uniform rate. Priority shall be placed on
 3854  imposing such restrictions in lieu of allowing the uniform rate
 3855  allocated to payment of breeder and stallion awards to be less
 3856  than 10 percent of the total purse payment. The uniform rate and
 3857  procedure plan must be approved by the department before
 3858  implementation. In the absence of an approved plan and
 3859  procedure, the authorized rate for breeder and stallion awards
 3860  is 10 percent of the announced gross purse for each race. Such
 3861  purse must include nomination fees, eligibility fees, starting
 3862  fees, supplementary fees, and moneys added by the sponsor of the
 3863  race. If the funds in the account for payment of breeder and
 3864  stallion awards are not sufficient to meet all earned breeder
 3865  and stallion awards, those breeders and stallion owners not
 3866  receiving payments have first call on any subsequent receipts in
 3867  that or any subsequent year.
 3868         (e) Reports.—The Florida Standardbred Breeders and Owners
 3869  Association shall keep accurate records showing receipts and
 3870  disbursements of such payments and shall annually file a
 3871  complete report with the department showing such receipts and
 3872  disbursements and the sums withheld for administration. The
 3873  department may audit the records and accounts of the Florida
 3874  Standardbred Breeders and Owners Association to determine
 3875  whether payments have been made to eligible breeders, stallion
 3876  owners, and owners of Florida-bred standardbred horses in
 3877  accordance with this section.
 3878         (f) Noncompliance.—If the department finds that the Florida
 3879  Standardbred Breeders and Owners Association has not complied
 3880  with this section, the department may order the association to
 3881  cease and desist from receiving and administering funds under
 3882  this section and s. 551.0543. If the department enters such an
 3883  order, the permitholder shall make the payments authorized under
 3884  this section and s. 551.0543 to the department for deposit into
 3885  the Gaming Control Trust Fund, and any funds in the Florida
 3886  Standardbred Breeders and Owners Association account shall be
 3887  immediately paid to the department for deposit into the Gaming
 3888  Control Trust Fund. The department shall authorize payment from
 3889  these funds to any breeder, stallion owner, or owner of a
 3890  Florida-bred standardbred horse entitled to an award that has
 3891  not been previously paid by the Florida Standardbred Breeders
 3892  and Owners Association in accordance with the applicable rate.
 3893         (g) Additional use of funds.—The board of directors of the
 3894  Florida Standardbred Breeders and Owners Association may
 3895  authorize the release of up to 25 percent of the funds available
 3896  for breeder awards, stallion awards, stallion stakes, additional
 3897  purses, and prizes for, and for the general promotion of owning
 3898  and breeding, Florida-bred standardbred horses to be used for
 3899  purses for, and promotion of, Florida-bred standardbred horses
 3900  at race meetings at which there is no pari-mutuel wagering
 3901  unless, and to the extent that, such release would render the
 3902  funds available for such awards insufficient to pay the breeder
 3903  and stallion awards earned pursuant to the annual plan of the
 3904  association. Any such funds so released and used for purses are
 3905  not considered to be an “announced gross purse” as that term is
 3906  used in paragraphs (a) and (b), and no breeder or stallion
 3907  awards, stallion stakes, or owner awards are required to be paid
 3908  for standardbred horses winning races in meetings at which there
 3909  is no pari-mutuel wagering. The amount of purses to be paid from
 3910  funds so released and the meets eligible to receive such funds
 3911  for purses must be approved by the board of directors of the
 3912  Florida Standardbred Breeders and Owners Association.
 3913         Section 58. Section 551.0543, Florida Statutes, is created
 3914  to read:
 3915         551.0543 Harness racing; taxes and fees.—
 3916         (1) FINDINGS.—The Legislature finds that pari-mutuel
 3917  wagering at harness race tracks in this state is an important
 3918  business enterprise, and taxes derived therefrom constitute a
 3919  part of the tax structure that funds operations of the state.
 3920  Harness racing permitholders should pay their fair share of
 3921  these taxes to the state but should not be taxed to such an
 3922  extent as to cause any racetrack that is operated under sound
 3923  business principles to be forced out of business. Due to the
 3924  need to protect the public health, safety, and welfare, the
 3925  gaming laws of the state provide for the harness horse industry
 3926  to be highly regulated and taxed. The state recognizes that
 3927  identifiable differences exist between harness racing
 3928  permitholders based upon their ability to operate under such
 3929  regulation and tax system.
 3930         (2) DAILY LICENSE FEE.—Each licensed permitholder engaged
 3931  in the business of conducting harness race meetings shall pay to
 3932  the department, for the use of the department, a daily license
 3933  fee on each live or simulcast pari-mutuel event of $100 for each
 3934  harness race conducted at the licensee’s racetrack. Each
 3935  permitholder shall pay daily license fees not to exceed $500 per
 3936  day on any simulcast event on which such permitholder accepts
 3937  wagers regardless of the number of out-of-state events taken or
 3938  the number of out-of-state locations from which such events are
 3939  taken. The daily license fees shall be remitted to the Chief
 3940  Financial Officer for deposit into the Gaming Control Trust
 3941  Fund.
 3942         (3) ADMISSION TAX.—An admission tax equal to the greater of
 3943  15 percent of the admission charge for entrance to the
 3944  permitholder’s facility and grandstand area or 10 cents is
 3945  imposed on each person attending a harness race. The
 3946  permitholder is responsible for collecting the admission tax.
 3947         (4) TAX ON LIVE HANDLE.—
 3948         (a) Each permitholder shall pay a tax on live handle from
 3949  races conducted by the permitholder. The tax is imposed daily
 3950  and is based on the total contributions to all pari-mutuel pools
 3951  conducted during the daily live performance. If a permitholder
 3952  conducts more than one live performance daily, the tax is
 3953  imposed on each live performance separately.
 3954         (b) The tax on live handle for harness racing performances
 3955  is 0.5 percent of the handle.
 3956         (5) TAX ON HANDLE FROM INTERTRACK WAGERING.—If the host
 3957  facility is a harness race track, the tax on handle for
 3958  intertrack wagering is 3.3 percent of the handle with the
 3959  following exceptions:
 3960         (a) If the guest facility is located outside the market
 3961  area of the host facility and within the market area of a
 3962  thoroughbred racing permitholder currently conducting a live
 3963  race meet, the tax on handle for intertrack wagering is 0.5
 3964  percent of the handle.
 3965         (b) On rebroadcasts of simulcast harness races, the tax on
 3966  handle for intertrack wagering is 1.5 percent of the handle.
 3967         (6) ABANDONED CONTRIBUTIONS TO OR INTEREST IN PARI-MUTUEL
 3968  POOLS.—
 3969         (a) All moneys or other property represented by any
 3970  unclaimed, uncashed, or abandoned pari-mutuel ticket that has
 3971  remained in the custody of or under the control of any harness
 3972  racing permitholder for 1 year after the date the pari-mutuel
 3973  ticket was issued, if the rightful owner or owners thereof have
 3974  made no claim or demand for such money or other property within
 3975  the 1-year period, shall escheat to and become the property of
 3976  the state.
 3977         (b) Notwithstanding any other provision of law, all moneys
 3978  or other property that has escheated to and become the property
 3979  of the state as provided in this section and that is held by a
 3980  harness racing permitholder authorized to conduct pari-mutuel
 3981  pools in this state shall be paid annually by the permitholder
 3982  to the Florida Standardbred Breeders and Owners Association
 3983  within 60 days after the close of the race meeting of the
 3984  permitholder and shall be used for the payment of harness horse
 3985  breeder awards, stallion awards, stallion stakes, additional
 3986  purses, and prizes and for the general promotion of owning and
 3987  breeding Florida-bred standardbred horses, as provided under
 3988  this part.
 3989         (7) TAX EXEMPTIONS.—
 3990         (a) An admission tax under this chapter or chapter 212 may
 3991  not be imposed on any free passes or complimentary cards issued
 3992  to persons for which there is no cost to the person for
 3993  admission to pari-mutuel events.
 3994         (b) A permitholder may issue tax-free passes to its
 3995  officers, officials, and employees; to other persons actually
 3996  engaged in working at the facility, including accredited press
 3997  representatives such as reporters and editors; and to other
 3998  permitholders for the use of their officers and officials. The
 3999  permitholder shall file with the department a list of all
 4000  persons to whom tax-free passes are issued under this paragraph.
 4001         (8) FAILURE TO PAY TAXES.—
 4002         (a) The permit of a harness racing permitholder that does
 4003  not pay tax on handle for live harness racing performances for a
 4004  full schedule of live races during any 2 consecutive state
 4005  fiscal years shall be void and shall escheat to and become the
 4006  property of the state unless such failure to operate and pay tax
 4007  on handle was the direct result of fire, strike, war, or other
 4008  disaster or event beyond the ability of the permitholder to
 4009  control. Financial hardship to the permitholder is not, in and
 4010  of itself, just cause for failure to operate and pay tax on
 4011  handle.
 4012         (b) In order to maximize the tax revenues to the state, the
 4013  department shall reissue an escheated harness racing permit to a
 4014  qualified applicant pursuant to this chapter as for the issuance
 4015  of an initial permit. However, the provisions of this chapter
 4016  relating to referendum requirements for a pari-mutuel permit do
 4017  not apply to the reissuance of an escheated harness racing
 4018  permit. As specified in the application and upon approval by the
 4019  department of an application for the permit, the new
 4020  permitholder may operate a harness racing facility anywhere in
 4021  the same county in which the escheated permit was authorized to
 4022  be operated, notwithstanding the provisions of s. 551.021(2)
 4023  relating to mileage limitations.
 4024         (9) If a court determines any provision of subsection (1),
 4025  paragraph (4)(b), or subsection (8) to be unconstitutional, it
 4026  is the intent of the Legislature that all such provisions be
 4027  void and that the remaining provisions of this section apply to
 4028  all harness racing permitholders beginning on the date of such
 4029  judicial determination. To this end, the Legislature declares
 4030  that it would not have enacted any of the provisions listed in
 4031  this subsection individually and, to that end, expressly finds
 4032  them not to be severable.
 4033         Section 59. Section 551.0551, Florida Statutes, is created
 4034  to read:
 4035         551.0551 Quarter horse racing; operations.—
 4036         (1)(a) For a quarter horse racing permitholder at its
 4037  facility, a full schedule of live events is:
 4038         1. At least 20 live regular wagering performances during
 4039  the state fiscal year if an alternative schedule of at least 20
 4040  live regular wagering performances each state fiscal year is
 4041  agreed upon by the permitholder and either the Florida Quarter
 4042  Horse Racing Association or the horsemen’s association
 4043  representing the majority of the quarter horse owners and
 4044  trainers at the facility and is filed with the department along
 4045  with its annual date application; or
 4046         2.a. During the 2010-2011 fiscal year, at least 20 regular
 4047  wagering performances.
 4048         b. During the 2011-2012 and 2012-2013 fiscal years, at
 4049  least 30 live regular wagering performances.
 4050         c. During every fiscal year after the 2012-2013 fiscal
 4051  year, at least 40 live regular wagering performances.
 4052         (b) For a quarter horse racing permitholder leasing another
 4053  licensed racetrack, a full schedule of live events is at least
 4054  160 live regular wagering events at the leased facility during
 4055  the state fiscal year.
 4056         (c) For a permitholder restricted by statute to certain
 4057  operating periods within the year when other members of its same
 4058  class of permit are authorized to operate throughout the year, a
 4059  full schedule of live events shall be the specified number of
 4060  live performances adjusted pro rata in accordance with the
 4061  relationship between its authorized operating period and the
 4062  full calendar year. The resulting specified number of live
 4063  performances shall constitute the full schedule of live events
 4064  for such permitholder and all other permitholders of the same
 4065  class within 100 air miles of such permitholder.
 4066         (2) To be eligible to conduct intertrack wagering, a
 4067  quarter horse racing permitholder must have conducted a full
 4068  schedule of live events in the preceding year.
 4069         (3) The operator of a licensed racetrack may lease such
 4070  track to any quarter horse racing permitholder located within 35
 4071  miles of such track for quarter horse racing under this chapter.
 4072  However, a quarter horse racing permitholder located in a county
 4073  where a referendum was conducted to authorize slot machines
 4074  pursuant to s. 23, Art. X of the State Constitution is not
 4075  subject to the mileage restriction if the permitholder leases
 4076  the track from a licensed racetrack located within such county.
 4077         (4) All other provisions of this chapter apply to, govern,
 4078  and control such racing.
 4079         (5) Quarter horses participating in such races must be duly
 4080  registered by the American Quarter Horse Association. Before
 4081  each race, such horses must be examined and declared in fit
 4082  condition by a qualified person designated by the department.
 4083         (6) Any quarter horse racing days permitted under this
 4084  chapter are in addition to any other racing permitted under the
 4085  license issued to the track where such quarter horse racing is
 4086  conducted.
 4087         (7) Any quarter horse racing permitholder operating under a
 4088  valid permit issued by the department may substitute races of
 4089  other breeds of horses that are registered with the American
 4090  Paint Horse Association, Appaloosa Horse Club, Arabian Horse
 4091  Registry of America, Palomino Horse Breeders of America, United
 4092  States Trotting Association, Florida Cracker Horse Association,
 4093  or Jockey Club, respectively, for no more than 50 percent of the
 4094  quarter horse races during its meet.
 4095         (8) Except as provided in s. 551.0251, a quarter horse
 4096  racing permit issued pursuant to this section is not eligible
 4097  for transfer or conversion to another type of pari-mutuel
 4098  operation.
 4099         (9) Any nonprofit corporation organized and incorporated
 4100  under the laws of this state, including, but not limited to, an
 4101  agricultural cooperative marketing association, may apply for a
 4102  quarter horse racing permit and may operate race meets under
 4103  such permit if all pari-mutuel taxes and fees applicable to such
 4104  racing are paid by the corporation. However, regarding its pari
 4105  mutuel operations, the corporation shall be considered to be a
 4106  corporation for profit and is subject to taxation on all
 4107  property used and profits earned in connection with these
 4108  operations.
 4109         Section 60. Section 551.0552, Florida Statutes, is created
 4110  to read:
 4111         551.0552 Quarter horse races.—
 4112         (1) QUARTER HORSE RACES.—A permitholder conducting a
 4113  quarter horse race meet shall pay from the takeout withheld at
 4114  least 6 percent of all contributions to pari-mutuel pools
 4115  conducted during the race meet as purses.
 4116         (2) PROMOTIONS AND AWARDS; QUARTER HORSES.—
 4117         (a) Purses and prizes.Except as provided in 551.056 each
 4118  permitholder conducting a quarter horse race meet shall pay a
 4119  sum equal to the breaks plus a sum equal to 1 percent of all
 4120  pari-mutuel pools conducted during that race for supplementing
 4121  and augmenting purses and prizes and for the general promotion
 4122  of owning and breeding racing quarter horses in this state as
 4123  authorized in this section. The Florida Quarter Horse Breeders
 4124  and Owners Association may receive these payments from the
 4125  permitholders and make payments as authorized in this
 4126  subsection. The Florida Quarter Horse Breeders and Owners
 4127  Association may withhold up to 10 percent of the permitholder’s
 4128  payments under this section and s. 551.0553 as a fee for
 4129  administering the payments. The permitholder shall remit these
 4130  payments to the Florida Quarter Horse Breeders and Owners
 4131  Association by the 5th day of each calendar month for such sums
 4132  accruing during the preceding calendar month and shall report
 4133  such payments to the department as required by the department.
 4134  With the exception of the 10-percent fee for administering the
 4135  payments, the moneys paid by the permitholders shall be
 4136  maintained in a separate, interest-bearing account.
 4137         (b) Use of funds.—The Florida Quarter Horse Breeders and
 4138  Owners Association shall use these funds solely for
 4139  supplementing and augmenting purses and prizes and for the
 4140  general promotion of owning and breeding racing quarter horses
 4141  in this state and for general administration of the Florida
 4142  Quarter Horse Breeders and Owners Association in this state.
 4143         (c) Owner and breeder awards.
 4144         1. The owner or breeder of a Florida-bred quarter horse is
 4145  eligible to receive an award if the horse winning a race is
 4146  registered as a Florida-bred horse with the Florida Quarter
 4147  Horse Breeders and Owners Association and if a registration
 4148  certificate under seal for the winning horse shows that the
 4149  winning horse was duly registered before the race as a Florida
 4150  bred horse as evidenced by the seal and proper serial number of
 4151  the Florida Quarter Horse Breeders and Owners Association
 4152  registry. The Department of Agriculture and Consumer Services
 4153  may assist the association in maintaining this registry.
 4154         2. The Florida Quarter Horse Breeders and Owners
 4155  Association may charge the registrant a reasonable fee for
 4156  verification and registration.
 4157         3. Any person who registers unqualified horses or
 4158  misrepresents information shall be denied any future
 4159  participation in breeder awards, and all horses misrepresented
 4160  will no longer be deemed to be Florida-bred.
 4161         (d) Reporting.A permitholder conducting a quarter horse
 4162  race shall, within 30 days after the end of the race meet during
 4163  which the race is conducted, certify to the Florida Quarter
 4164  Horse Breeders and Owners Association such information relating
 4165  to the horse winning a stakes or other horserace at the meet as
 4166  required to determine the eligibility for payment of breeder
 4167  awards under this section.
 4168         (e) Recordkeeping.—The Florida Quarter Horse Breeders and
 4169  Owners Association shall maintain records showing the starters
 4170  and winners in all quarter horse races conducted under quarter
 4171  horse racing permits in this state and awards earned, received,
 4172  and distributed, and it may charge the owner or breeder a
 4173  reasonable fee for this service.
 4174         (f) Rates and procedures.The Florida Quarter Horse
 4175  Breeders and Owners Association shall annually establish a plan
 4176  for supplementing and augmenting purses and prizes and for the
 4177  general promotion of owning and breeding Florida-bred racing
 4178  quarter horses and shall make award payments and allocations in
 4179  strict compliance with the annual plan. The annual plan must be
 4180  approved by the department before implementation. If the funds
 4181  in the account for payment of purses and prizes are not
 4182  sufficient to meet all purses and prizes to be awarded, those
 4183  breeders and owners not receiving payments have first call on
 4184  any subsequent receipts in that or any subsequent year.
 4185         (g) Reports.—The Florida Quarter Horse Breeders and Owners
 4186  Association shall keep accurate records showing receipts and
 4187  disbursements of payments made under this section and shall
 4188  annually file a full and complete report to the department
 4189  showing such receipts and disbursements and the sums withheld
 4190  for administration. The department may audit the records and
 4191  accounts of the Florida Quarter Horse Breeders and Owners
 4192  Association to determine whether payments have been made in
 4193  accordance with this section.
 4194         (h) Noncompliance.—If the department finds that the Florida
 4195  Quarter Horse Breeders and Owners Association has not complied
 4196  with this section, the department may order the association to
 4197  cease and desist from receiving and administering funds under
 4198  this section and s. 551.0553. If the department enters such an
 4199  order, the permitholder shall make the payments authorized in
 4200  this section and s. 551.0553 to the department for deposit into
 4201  the Gaming Control Trust Fund, and any funds in the Florida
 4202  Quarter Horse Breeders and Owners Association account shall be
 4203  immediately paid to the department for deposit into the Gaming
 4204  Control Trust Fund. The department shall authorize payment from
 4205  these funds to any breeder or owner of a quarter horse entitled
 4206  to an award that has not been previously paid by the Florida
 4207  Quarter Horse Breeders and Owners Association in accordance with
 4208  this section.
 4209         Section 61. Section 551.0553, Florida Statutes, is created
 4210  to read:
 4211         551.0553 Quarter horse racing; taxes and fees.—
 4212         (1) DAILY LICENSE FEE.—Each licensed permitholder engaged
 4213  in the business of conducting quarter horse race meetings shall
 4214  pay to the department, for the use of the department, a daily
 4215  license fee on each live or simulcast pari-mutuel event of $100
 4216  for each quarter horse race conducted at the licensee’s
 4217  racetrack. Each permitholder shall pay daily license fees not to
 4218  exceed $500 per day on any simulcast event on which such
 4219  permitholder accepts wagers regardless of the number of out-of
 4220  state events taken or the number of out-of-state locations from
 4221  which such events are taken. The daily license fees shall be
 4222  remitted to the Chief Financial Officer for deposit into the
 4223  Gaming Control Trust Fund.
 4224         (2) ADMISSION TAX.—An admission tax equal to the greater of
 4225  15 percent of the admission charge for entrance to the
 4226  permitholder’s facility and grandstand area or 10 cents is
 4227  imposed on each person attending a quarter horse race. The
 4228  permitholder is responsible for collecting the admission tax.
 4229         (3) TAX ON LIVE HANDLE.—
 4230         (a) Each permitholder shall pay a tax on live handle from
 4231  races conducted by the permitholder. The tax is imposed daily
 4232  and is based on the total contributions to all pari-mutuel pools
 4233  conducted during the daily live performance. If a permitholder
 4234  conducts more than one live performance daily, the tax is
 4235  imposed on each live performance separately.
 4236         (b) The tax on live handle for quarter horse racing
 4237  performances is 1.0 percent of the handle.
 4238         (4) TAX ON HANDLE FROM INTERTRACK WAGERING.—If the host
 4239  facility is a quarter horse race track, the tax on handle for
 4240  intertrack wagering is 2.0 percent of the handle. However, if
 4241  the guest facility is located outside the market area of the
 4242  host facility and within the market area of a thoroughbred
 4243  racing permitholder currently conducting a live race meet, the
 4244  tax on handle for intertrack wagering is 0.5 percent of the
 4245  handle.
 4246         (5) ABANDONED CONTRIBUTIONS TO OR INTEREST IN PARI-MUTUEL
 4247  POOLS.—
 4248         (a) All moneys or other property represented by any
 4249  unclaimed, uncashed, or abandoned pari-mutuel ticket that has
 4250  remained in the custody of or under the control of any quarter
 4251  horse racing permitholder for 1 year after the date the pari
 4252  mutuel ticket was issued, if the rightful owner or owners
 4253  thereof have made no claim or demand for such money or other
 4254  property within the 1-year period, shall escheat to and become
 4255  the property of the state.
 4256         (b) Notwithstanding section 551.036, all moneys or other
 4257  property that has escheated to and become the property of the
 4258  state as provided in this section and that is held by a quarter
 4259  horse racing permitholder authorized to conduct pari-mutuel
 4260  pools in this state shall be paid annually by the permitholder
 4261  to the Florida Quarter Horse Breeders and Owners Association
 4262  within 60 days after the close of the race meeting of the
 4263  permitholder and shall be allocated solely for supplementing and
 4264  augmenting purses and prizes and for the general promotion of
 4265  owning and breeding racing quarter horses in this state, as
 4266  provided under this part.
 4267         (6) TAX EXEMPTIONS.—
 4268         (a) An admission tax under this chapter or chapter 212 may
 4269  not be imposed on any free passes or complimentary cards issued
 4270  to persons for which there is no cost to the person for
 4271  admission to pari-mutuel events.
 4272         (b) A permitholder may issue tax-free passes to its
 4273  officers, officials, and employees; to other persons actually
 4274  engaged in working at the facility, including accredited press
 4275  representatives such as reporters and editors; and to other
 4276  permitholders for the use of their officers and officials. The
 4277  permitholder shall file with the department a list of all
 4278  persons to whom tax-free passes are issued under this paragraph.
 4279         Section 62. Section 551.056, Florida Statutes, is created
 4280  to read:
 4281         551.056 Appaloosa horse races; Arabian horse races; purse
 4282  requirement; breeder and owner awards.—
 4283         (1) PROMOTIONS; APPALOOSA HORSE RACES.—
 4284         (a) Each permitholder that conducts race meets under this
 4285  chapter and runs Appaloosa horse races shall pay to the
 4286  department a sum equal to the breaks plus a sum equal to 1
 4287  percent of the total contributions to each pari-mutuel pool
 4288  conducted on each Appaloosa horse race. The payments shall be
 4289  remitted to the department by the 5th day of each calendar month
 4290  for sums accruing during the preceding calendar month.
 4291         (b) The department shall deposit collections under
 4292  paragraph (a) into the General Inspection Trust Fund in a
 4293  special account to be known as the “Florida Appaloosa Racing
 4294  Promotion Account.” The Department of Agriculture and Consumer
 4295  Services shall administer the funds and adopt suitable and
 4296  reasonable rules for their administration. The moneys in the
 4297  Florida Appaloosa Racing Promotion Account shall be allocated
 4298  solely for supplementing and augmenting purses and prizes and
 4299  for the general promotion of owning and breeding racing
 4300  Appaloosas in this state. The moneys may not be used to defray
 4301  any expense of the Department of Agriculture and Consumer
 4302  Services under this section.
 4303         (2) PROMOTIONS; ARABIAN HORSE RACES.—Each permitholder that
 4304  conducts race meets under this chapter and runs Arabian horse
 4305  races shall pay to the department a sum equal to the breaks plus
 4306  a sum equal to 1 percent of the total contributions to each
 4307  pari-mutuel pool conducted on each Arabian horse race. Payments
 4308  shall be remitted to the department by the 5th day of each
 4309  calendar month for sums accruing during the preceding calendar
 4310  month.
 4311         Section 63. Section 551.062, Florida Statutes, is created
 4312  to read:
 4313         551.062 Jai alai; general provisions.—
 4314         (1)(a) For a jai alai permitholder, a full schedule of live
 4315  events is a combination of at least 100 live evening or matinee
 4316  performances during the state fiscal year.
 4317         (b) For a jai alai permitholder that does not operate slot
 4318  machines in its pari-mutuel facility, that has conducted at
 4319  least 100 live performances per year for at least 10 years after
 4320  December 31, 1992, and that has had handle on live jai alai
 4321  games conducted at its pari-mutuel facility of less than $4
 4322  million per state fiscal year for at least 2 consecutive years
 4323  after June 30, 1992, a full schedule of live events is a
 4324  combination of at least 40 live evening or matinee performances
 4325  during the state fiscal year.
 4326         (c) For a jai alai permitholder that operates slot machines
 4327  in its pari-mutuel facility, a full schedule of live events is a
 4328  combination of at least 150 live evening or matinee performances
 4329  during the state fiscal year.
 4330         (d) For a permitholder restricted by statute to certain
 4331  operating periods within the year when other members of its same
 4332  class of permit are authorized to operate throughout the year, a
 4333  full schedule of live events shall be the specified number of
 4334  live performances adjusted pro rata in accordance with the
 4335  relationship between its authorized operating period and the
 4336  full calendar year. The resulting specified number of live
 4337  performances shall constitute the full schedule of live events
 4338  for such permitholder and all other permitholders of the same
 4339  class within 100 air miles of such permitholder.
 4340         (2) A chief court judge must be present for each jai alai
 4341  game at which pari-mutuel wagering is authorized. Chief court
 4342  judges must be able to demonstrate extensive knowledge of the
 4343  rules and game of jai alai and be able to meet the physical
 4344  requirements of the position. The decisions of a chief court
 4345  judge are final as to any incident relating to the playing of a
 4346  jai alai game.
 4347         (3) Notwithstanding any other provision of law, the time
 4348  within which the holder of a ratified permit for jai alai has to
 4349  construct and complete a fronton may be extended by the
 4350  department for a period of 24 months after the date of the
 4351  issuance of the permit.
 4352         (4) This chapter does not prohibit any jai alai fronton or
 4353  facility from being used to conduct amateur jai alai or pelota
 4354  contests or games during each fronton season by any charitable,
 4355  civic, or nonprofit organization if only players other than
 4356  those usually used in jai alai contests or games are permitted
 4357  to play and if adults and minors may participate as players or
 4358  spectators. However, during such jai alai games or contests,
 4359  betting and gambling and the sale or use of alcoholic beverages
 4360  are prohibited.
 4361         (5) A jai alai player may not be required to perform on
 4362  more than 6 consecutive calendar days.
 4363         (6) Section 551.013 allows wagering on points during a
 4364  game; however, the pari-mutuel machines must be locked upon the
 4365  start of the serving motion of each serve for wagers on that
 4366  game.
 4367         Section 64. Section 551.0622, Florida Statutes, is created
 4368  to read:
 4369         551.0622 Jai Alai Tournament of Champions Meet.—
 4370         (1) Notwithstanding any provision of this chapter, there is
 4371  created a special jai alai meet designated as the “Jai Alai
 4372  Tournament of Champions Meet,” that shall be hosted by Florida
 4373  jai alai permitholders selected by the National Association of
 4374  Jai Alai Frontons, Inc., to conduct such meet. The meet shall
 4375  consist of three qualifying performances and a final
 4376  performance, each of which is conducted on a different day. Upon
 4377  the selection of the Florida permitholders for the meet and
 4378  application by the selected permitholders, the department shall
 4379  issue a license to each of the selected permitholders to operate
 4380  the meet. The meet may be conducted during a season in which the
 4381  permitholders selected to conduct the meet are not otherwise
 4382  authorized to conduct a meet. Notwithstanding anything in this
 4383  section to the contrary, a Florida permitholder that is to
 4384  conduct a performance that is a part of the Jai Alai Tournament
 4385  of Champions Meet is not required to apply for the license for
 4386  the meet if it will run during the regular season for which such
 4387  permitholder has a license.
 4388         (2) Qualifying performances and the final performance of
 4389  the tournament shall be held at different locations throughout
 4390  the state, and the permitholders selected shall be under
 4391  different ownership to the extent possible.
 4392         (3) A Jai Alai Tournament of Champions Meet may not exceed
 4393  4 days in any state fiscal year, and only one performance may be
 4394  conducted on any one day of the meet. There shall be only one
 4395  Jai Alai Tournament of Champions Meet in any state fiscal year.
 4396         (4) The department may adopt rules necessary to facilitate
 4397  the Jai Alai Tournament of Champions Meet as authorized in this
 4398  section and may adopt rules regarding the overall conduct of the
 4399  tournament to ensure the integrity of the event, licensing for
 4400  participants, commingling of pari-mutuel pools, and audit
 4401  requirements for tax credits and exemptions.
 4402         (5) This section shall prevail over any conflicting
 4403  provisions of this chapter.
 4404         Section 65. Section 551.063, Florida Statutes, is created
 4405  to read:
 4406         551.063 Jai alai; taxes and fees.—
 4407         (1) FINDINGS.—The Legislature finds that pari-mutuel
 4408  wagering at jai alai frontons in this state is an important
 4409  business enterprise, and taxes derived therefrom constitute a
 4410  part of the tax structure that funds operations of the state.
 4411  Jai alai permitholders should pay their fair share of these
 4412  taxes to the state but should not be taxed to such an extent as
 4413  to cause any fronton that is operated under sound business
 4414  principles to be forced out of business or be subjected to taxes
 4415  that might cause it to operate at a loss, impair its ability to
 4416  service debt or to maintain its fixed assets, or otherwise
 4417  jeopardize its existence and the jobs of its employees. Due to
 4418  the need to protect the public health, safety, and welfare, the
 4419  gaming laws of the state provide for the jai alai industry to be
 4420  highly regulated and taxed. The state recognizes that
 4421  identifiable differences exist between jai alai permitholders
 4422  based upon their ability to operate under such regulation and
 4423  tax system.
 4424         (2) DAILY LICENSE FEE.—Each licensed permitholder engaged
 4425  in the business of conducting jai alai games shall pay to the
 4426  department, for the use of the department, a daily license fee
 4427  on each live or simulcast pari-mutuel event of $40 for each jai
 4428  alai game conducted at the licensee’s fronton. Each permitholder
 4429  shall pay daily license fees not to exceed $500 per day on any
 4430  simulcast event on which such permitholder accepts wagers
 4431  regardless of the number of out-of-state events taken or the
 4432  number of out-of-state locations from which such events are
 4433  taken. The daily license fees shall be remitted to the Chief
 4434  Financial Officer for deposit into the Gaming Control Trust
 4435  Fund.
 4436         (3) ADMISSION TAX.—An admission tax equal to the greater of
 4437  15 percent of the admission charge for entrance to the
 4438  permitholder’s facility and grandstand area or 10 cents is
 4439  imposed on each person attending a jai alai game. The
 4440  permitholder is responsible for collecting the admission tax.
 4441         (4) TAX ON LIVE HANDLE.—Each permitholder shall pay a tax
 4442  on live handle from games conducted by the permitholder. The tax
 4443  is imposed daily and is based on the total contributions to all
 4444  pari-mutuel pools conducted during the daily live performance.
 4445  If a permitholder conducts more than one live performance daily,
 4446  the tax is imposed on each live performance separately.
 4447         (a) The tax on live handle for jai alai performances is 7.1
 4448  percent of the handle.
 4449         (b) Notwithstanding paragraph (a), the tax on live handle
 4450  for live jai alai performances is 4.25 percent of handle. This
 4451  tax rate shall be applicable only until the requirements of
 4452  paragraph (c) are met.
 4453         (c) Notwithstanding paragraph (a), when the total of
 4454  admissions tax, daily license fee, and tax on handle for live
 4455  jai alai performances paid to the department by a permitholder
 4456  during the current state fiscal year exceeds the total state tax
 4457  revenues from wagering on live jai alai performances paid or due
 4458  by the permitholder in the 1991-1992 state fiscal year, the
 4459  permitholder shall pay tax on live handle for jai alai
 4460  performances at a rate of 2.55 percent of the handle for the
 4461  remainder of the current state fiscal year. For purposes of this
 4462  section, total state tax revenues on live jai alai wagering in
 4463  the 1991-1992 state fiscal year includes any admissions tax, tax
 4464  on handle, surtaxes on handle, and daily license fees.
 4465         (d) Notwithstanding paragraph (a), if no tax on handle for
 4466  live jai alai performances was paid to the department by a jai
 4467  alai permitholder during the 1991-1992 state fiscal year, when
 4468  the total of admissions tax, daily license fee, and tax on
 4469  handle for live jai alai performances paid to the department by
 4470  a permitholder during the current state fiscal year exceeds the
 4471  total state tax revenues from wagering on live jai alai
 4472  performances paid or due by the permitholder in the last state
 4473  fiscal year in which the permitholder conducted a full schedule
 4474  of live games, the permitholder shall pay tax on live handle for
 4475  live jai alai performances at a rate of 3.3 percent of the
 4476  handle per performance for the remainder of the current state
 4477  fiscal year. For purposes of this section, total state tax
 4478  revenues on live jai alai wagering includes any admissions tax,
 4479  tax on handle, surtaxes on handle, and daily license fees.
 4480         (e) Notwithstanding paragraph (a), a permitholder that
 4481  obtains a new permit issued by the department subsequent to the
 4482  1991-1992 state fiscal year and a permitholder that converted
 4483  its permit to a jai alai permit under this chapter shall, when
 4484  the total of admissions tax, daily license fee, and tax on
 4485  handle for live jai alai performances paid to the department by
 4486  the permitholder during the current state fiscal year exceeds
 4487  the average total state tax revenues from wagering on live jai
 4488  alai performances for the first 3 consecutive jai alai seasons
 4489  paid to or due the department by the permitholder and during
 4490  which the permitholder conducted a full schedule of live games,
 4491  pay tax on live handle for jai alai performances at a rate of
 4492  3.3 percent of the handle for the remainder of the current state
 4493  fiscal year.
 4494         (f) The payment of taxes pursuant to paragraphs (c), (d),
 4495  and (e) shall be calculated and begin the day the permitholder
 4496  is first entitled to the reduced rate specified in such
 4497  paragraphs and the report of taxes required under s. 551.033 is
 4498  submitted to the department.
 4499         (g)1. Notwithstanding paragraphs (a), (b), (c), and (d), a
 4500  jai alai permitholder that is prohibited under this chapter from
 4501  operating live performances on a year-round basis may conduct
 4502  wagering on live performances at a tax rate of 3.85 percent of
 4503  live handle.
 4504         2. The payment of taxes under subparagraph 1. shall be
 4505  calculated and begin the day the permitholder is first entitled
 4506  to the reduced rate specified in this paragraph.
 4507         (h) Notwithstanding any other provision of this chapter, in
 4508  order to protect the Florida jai alai industry, a jai alai
 4509  permitholder may not be taxed on live handle at a rate higher
 4510  than 2 percent.
 4511         (5) TAX ON HANDLE FROM INTERTRACK WAGERING.—If the host
 4512  facility is a jai alai fronton, the tax on handle for intertrack
 4513  wagering is 7.1 percent of the handle with the following
 4514  exceptions:
 4515         (a) If the guest facility is located outside the market
 4516  area of the host facility and within the market area of a
 4517  thoroughbred racing permitholder currently conducting a live
 4518  race meet, the tax on handle for intertrack wagering is 0.5
 4519  percent of the handle.
 4520         (b) If the guest facility is a jai alai fronton located as
 4521  specified in s. 551.073(6) or (9), on games received from any
 4522  jai alai permitholder located within the same market area the
 4523  tax on handle for intertrack wagers is 6.1 percent.
 4524         (c) Notwithstanding paragraph (b), if the guest facility is
 4525  a jai alai fronton located as specified in s. 551.073(6) or (9),
 4526  on games received from any jai alai permitholder located within
 4527  the same market area the tax on handle for intertrack wagers
 4528  shall be 2.3 percent of the handle when the total tax on
 4529  intertrack handle paid to the department by the permitholder
 4530  during the current state fiscal year exceeds the total tax on
 4531  intertrack handle paid to the department by the permitholder
 4532  during the 1992-1993 state fiscal year.
 4533         (d)1. Any jai alai permitholder that is prohibited under
 4534  this chapter from operating live performances on a year-round
 4535  basis may conduct intertrack wagering as a host permitholder on
 4536  live jai alai games at its fronton at a tax rate of 3.3 percent
 4537  of handle when the total tax on intertrack handle paid to the
 4538  department by the permitholder during the current state fiscal
 4539  year exceeds the total tax on intertrack handle paid to the
 4540  department by the permitholder during the 1992-1993 state fiscal
 4541  year.
 4542         2. The payment of taxes under subparagraph 1. shall be
 4543  calculated and begin the day the permitholder is first entitled
 4544  to the reduced rate specified in this paragraph.
 4545         (6) OTHER TAXES AND FEES.—
 4546         (a) All money or other property represented by any
 4547  unclaimed, uncashed, or abandoned pari-mutuel ticket that has
 4548  remained in the custody of or under the control of any
 4549  permitholder authorized to conduct jai alai pari-mutuel pools in
 4550  this state for a period of 1 year after the date the pari-mutuel
 4551  ticket was issued, if the rightful owners thereof have made no
 4552  claim or demand for such money or other property within that 1
 4553  year period, shall, with respect to live games conducted by the
 4554  permitholder, be remitted to the state pursuant to s. 551.036.
 4555         (b)1. Each permitholder conducting jai alai performances
 4556  shall pay a tax equal to the breaks.
 4557         2. A jai alai permitholder paying taxes under this section
 4558  shall retain the breaks and pay an amount equal to the breaks as
 4559  special prize awards, which shall be in addition to the regular
 4560  contracted prize money paid to jai alai players at the
 4561  permitholder’s facility. Payment of the special prize money
 4562  shall be made during the permitholder’s current meet.
 4563         (c) A jai alai permitholder conducting fewer than 100 live
 4564  performances in any calendar year shall pay to the state the
 4565  same aggregate amount of daily license fees on live jai alai
 4566  games, admissions tax, and tax on live handle that it paid to
 4567  the state during the most recent prior calendar year in which
 4568  the jai alai permitholder conducted at least 100 live
 4569  performances.
 4570         (7) TAX CREDITS.—
 4571         (a) A jai alai permitholder that has incurred state taxes
 4572  on handle and admissions in an amount that exceeds its operating
 4573  earnings in a fiscal year may credit the excess amount of the
 4574  taxes against state pari-mutuel taxes due and payable during its
 4575  next ensuing meets. As used in this paragraph, the term
 4576  “operating earnings” means total revenues from pari-mutuel
 4577  operations net of state taxes and fees less total expenses;
 4578  however, deductions for interest, depreciation and amortization,
 4579  payments to affiliated entities other than for reimbursement of
 4580  expenses related to pari-mutuel operations, and any increase in
 4581  an officer’s or director’s annual compensation above the amount
 4582  paid during calendar year 1997 are excluded from total expenses.
 4583         (b) A jai alai permitholder may receive a tax credit equal
 4584  to 25 percent of the actual amount remitted to the state in the
 4585  preceding state fiscal year pursuant to paragraph (6)(a) with
 4586  respect to live games. The credit may be applied against any
 4587  taxes imposed under this chapter. Funds equal to such credit
 4588  from any live jai alai games shall be paid by the permitholder
 4589  to the National Association of Jai Alai Frontons, to be used for
 4590  the general promotion of the sport of jai alai in the state,
 4591  including professional tournaments and amateur jai alai youth
 4592  programs. Such youth programs must focus on benefiting children
 4593  in after-school and anti-drug programs with special attention to
 4594  inner-city areas.
 4595         (c)1. Jai Alai Tournament of Champions Meet permitholders
 4596  shall also receive a credit against the taxes, otherwise due and
 4597  payable under this section, generated during the permitholders’
 4598  current regular meet. The credit shall be:
 4599         a. In the aggregate amount of $150,000;
 4600         b. Prorated equally among the permitholders; and
 4601         c. Used by the permitholders solely to supplement awards
 4602  for the performance conducted during the Jai Alai Tournament of
 4603  Champions Meet.
 4604         2. All awards shall be paid to the tournament’s
 4605  participating players no later than 30 days after the conclusion
 4606  of the Jai Alai Tournament of Champions Meet.
 4607         (d)1. In addition to the credit authorized in paragraph
 4608  (c), Jai Alai Tournament of Champions Meet permitholders shall
 4609  receive a credit against the taxes, otherwise due and payable
 4610  under this section, generated during the permitholders’ current
 4611  regular meet, not to exceed the aggregate amount of $150,000,
 4612  which shall be prorated equally among the permitholders and used
 4613  by the permitholders for such capital improvements and
 4614  extraordinary expenses, including marketing expenses, necessary
 4615  for the operation of the meet. The determination of the amount
 4616  to be credited shall be made by the department upon application
 4617  of the permitholders.
 4618         2. The permitholder may receive the permitholder’s pro rata
 4619  share of the $150,000 tax credit provided in subparagraph 1.
 4620  without making application if appropriate documentation to
 4621  substantiate the expenditures is provided to the department
 4622  within 30 days after the Jai Alai Tournament of Champions Meet.
 4623         (8) TAX EXEMPTIONS.—
 4624         (a) An admission tax under this chapter or chapter 212 may
 4625  not be imposed on any free passes or complimentary cards issued
 4626  to persons for which there is no cost to the person for
 4627  admission to pari-mutuel events.
 4628         (b) A permitholder may issue tax-free passes to its
 4629  officers, officials, and employees; to other persons actually
 4630  engaged in working at the facility, including accredited press
 4631  representatives such as reporters and editors; and to other
 4632  permitholders for the use of their officers and officials. The
 4633  permitholder shall file with the department a list of all
 4634  persons to whom tax-free passes are issued under this paragraph.
 4635         (c) When the live handle of a permitholder during the
 4636  preceding state fiscal year was less than $15 million, the tax
 4637  shall be paid on the handle in excess of $30,000 per performance
 4638  per day.
 4639         (d) Notwithstanding any other provision of this chapter,
 4640  each permitholder licensed to conduct performances as part of
 4641  the Jai Alai Tournament of Champions Meet shall pay no taxes on
 4642  handle under subsection (4) or subsection (5) for any
 4643  performance conducted by such permitholder as part of the Jai
 4644  Alai Tournament of Champions Meet. This paragraph applies to a
 4645  maximum of four performances.
 4646         (9) If a court determines that subsection (1), paragraphs
 4647  (4)(b)-(g), paragraph (5)(d), subparagraph (6)(b)2., paragraph
 4648  (6)(c), paragraph (7)(a), or paragraph (8)(c) is
 4649  unconstitutional, it is the intent of the Legislature that all
 4650  such provisions be void and that the remaining provisions of
 4651  this section apply to all jai alai permitholders beginning on
 4652  the date of such judicial determination. To this end, the
 4653  Legislature declares that it would not have enacted any
 4654  provision listed in this subsection individually and, to that
 4655  end, expressly finds them not to be severable.
 4656         Section 66. Section 551.072, Florida Statutes, is created
 4657  to read:
 4658         551.072 Transmission of racing and jai alai information;
 4659  commingling of pari-mutuel pools.—
 4660         (1)(a) A person who transmits racing information to any
 4661  person or relays such information to any person by word of
 4662  mouth, by signal, or by use of telephone, telegraph, radio, or
 4663  any other means knowing that the information is used or intended
 4664  to be used for illegal gambling purposes or in furtherance of
 4665  illegal gambling commits a felony of the third degree,
 4666  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 4667         (b) Paragraph (a) is an exercise of the police power of the
 4668  state for the protection of the public welfare, health, peace,
 4669  safety, and morals of the people of the state, and this section
 4670  shall be liberally construed for the accomplishment of such
 4671  purpose.
 4672         (2) A pari-mutuel facility licensed under this chapter may
 4673  broadcast events conducted at the enclosure of the licensee to
 4674  locations outside this state.
 4675         (a) All broadcasts of horseraces to locations outside this
 4676  state must comply with the Interstate Horseracing Act of 1978,
 4677  15 U.S.C. ss. 3001 et seq.
 4678         (b) Wagers accepted by any out-of-state pari-mutuel
 4679  permitholder or licensed betting system on a race broadcast
 4680  under this subsection may be included in the pari-mutuel pools
 4681  of the horse track in this state that broadcasts the race upon
 4682  which wagers are accepted. The tax on handle in this part does
 4683  not include wagers accepted by an out-of-state pari-mutuel
 4684  permitholder or licensed betting system, irrespective of whether
 4685  such wagers are included in the pari-mutuel pools of the Florida
 4686  permitholder under this subsection.
 4687         (3) Any horse track licensed under this chapter may receive
 4688  broadcasts of horseraces conducted at other horse tracks located
 4689  outside this state at the racetrack enclosure of the licensee
 4690  during its race meet.
 4691         (a) All broadcasts of horseraces received from locations
 4692  outside this state must comply with the Interstate Horseracing
 4693  Act of 1978, 15 U.S.C. ss. 3001 et seq.
 4694         (b) Wagers accepted at the horse track in this state may be
 4695  included in the pari-mutuel pools of the out-of-state horse
 4696  track that broadcasts the race. Notwithstanding any contrary
 4697  provision of this chapter, if the horse track in this state
 4698  includes wagers accepted on such races in the pari-mutuel pools
 4699  of the out-of-state horse track that broadcasts the race, from
 4700  the amount wagered by patrons at the horse track in this state
 4701  and included in the pari-mutuel pools of the out-of-state horse
 4702  track, the horse track in this state shall deduct as the takeout
 4703  from the amount wagered by patrons at the horse track in this
 4704  state and included in the pari-mutuel pools of the out-of-state
 4705  horse track a percentage equal to the percentage deducted from
 4706  the amount wagered at the out-of-state racetrack as is
 4707  authorized by the laws of the jurisdiction exercising regulatory
 4708  authority over the out-of-state horse track.
 4709         (c) All forms of pari-mutuel wagering are allowed on races
 4710  broadcast under this section, and all money wagered by patrons
 4711  on such races shall be computed as part of the total amount of
 4712  money wagered at each racing performance for purposes of
 4713  taxation under this part. Sections 551.0523(1)(a), 551.0542(1),
 4714  and 551.0552(1) do not apply to money wagered on races broadcast
 4715  under this section. The takeout shall be increased by breaks and
 4716  uncashed tickets for wagers on races broadcast under this
 4717  section, notwithstanding any contrary provision of this chapter.
 4718         (4) A greyhound track or fronton licensed under this
 4719  chapter may receive broadcasts of greyhound races or jai alai
 4720  games conducted at other greyhound tracks or frontons located
 4721  outside the state at the track enclosure of the licensee during
 4722  its operational meeting. All forms of pari-mutuel wagering are
 4723  allowed on greyhound races or jai alai games broadcast under
 4724  this subsection. All money wagered by patrons on greyhound races
 4725  broadcast under this subsection shall be computed in the amount
 4726  of money wagered each performance for purposes of taxation under
 4727  this part.
 4728         (5) A pari-mutuel permitholder licensed under this chapter
 4729  may not receive broadcasts of events from outside this state
 4730  except from an out-of-state pari-mutuel permitholder that holds
 4731  the same type or class of pari-mutuel permit as the pari-mutuel
 4732  permitholder licensed under this chapter that intends to receive
 4733  the broadcast.
 4734         (6)(a) A maximum of 20 percent of the total number of races
 4735  on which wagers are accepted by a greyhound racing permitholder
 4736  not located as specified in s. 551.073(6) may be received from
 4737  locations outside this state. A permitholder may not conduct
 4738  fewer than eight live events on any authorized race day except
 4739  as provided in this subsection. A thoroughbred racing
 4740  permitholder may not conduct fewer than eight live races on any
 4741  race day without the written approval of the Florida
 4742  Thoroughbred Breeders’ and Owners’ Association and the Florida
 4743  Horsemen’s Benevolent and Protective Association, Inc., unless
 4744  it is determined by the department that another entity
 4745  represents a majority of the thoroughbred racehorse owners and
 4746  trainers in the state. A harness racing permitholder may conduct
 4747  fewer than eight live races on any authorized race day, except
 4748  that such permitholder must conduct a full schedule of live
 4749  racing during its race meet consisting of at least eight live
 4750  races per authorized race day for at least 100 days. A harness
 4751  racing permitholder that, during the preceding racing season,
 4752  conducted a full schedule of live racing may receive, at any
 4753  time during its current race meet, full-card broadcasts of
 4754  harness races conducted at harness race tracks outside this
 4755  state at the harness race track of the permitholder and accept
 4756  wagers on such harness races. With specific authorization from
 4757  the department for special racing events, a permitholder may
 4758  conduct fewer than eight live events if the permitholder also
 4759  broadcasts out-of-state events. The department may not authorize
 4760  more than two such exceptions a year for a permitholder in any
 4761  12-month period, and those two exceptions may not be
 4762  consecutive.
 4763         (b) Notwithstanding any other provision of this part, a
 4764  harness racing permitholder that accepts broadcasts of out-of
 4765  state harness races when not conducting live races must make the
 4766  out-of-state signal available to all permitholders eligible to
 4767  conduct intertrack wagering and shall pay to guest tracks
 4768  located as specified in ss. 551.073(6) and 551.074(9)(d) 50
 4769  percent of the net proceeds after taxes and fees to the out-of
 4770  state host track on harness race wagers that they accept. A
 4771  harness racing permitholder shall pay into its purse account 50
 4772  percent of the net income retained by the permitholder on
 4773  wagering on the out-of-state broadcasts received pursuant to
 4774  this subsection. Nine-tenths of a percent of all harness race
 4775  wagering proceeds on the broadcasts received pursuant to this
 4776  subsection shall be paid to the Florida Standardbred Breeders
 4777  and Owners Association under the provisions of s. 551.0552(2)
 4778  for the purposes specified in that subsection.
 4779         (7) A racetrack or fronton may not pay a patron for any
 4780  pari-mutuel ticket purchased on any event transmitted pursuant
 4781  to this section until the stewards, judges, or panel of judges
 4782  or other similarly constituted body at the racetrack or fronton
 4783  where the event originates confirms the event as official.
 4784         (8) By entering and participating in a race for a purse or
 4785  any other prize of any racing animal, the owner of the animal
 4786  and the jockey or driver agree to accept such purse or prize as
 4787  full and complete remuneration and payment, including the
 4788  broadcast of such event, except as otherwise provided in this
 4789  section.
 4790         (9) The rights, privileges, or immunities granted under
 4791  this section prevail over any conflicting provision to the
 4792  extent that such rights, privileges, or immunities conflict with
 4793  any other law or affect any order or rule of the Florida Public
 4794  Service Commission relating to the regulation of public
 4795  utilities and the furnishing to others of any communication,
 4796  wire service, or other similar service or equipment.
 4797         (10) The department may adopt rules necessary to facilitate
 4798  commingling of pari-mutuel pools, to ensure the proper
 4799  calculation of payoffs in circumstances in which different
 4800  commission percentages are applicable, and to regulate
 4801  distribution of net proceeds between the horse track and, in
 4802  this state, the horsemen’s associations.
 4803         (11) Greyhound tracks and jai alai frontons have the same
 4804  privileges as provided in this section to horse tracks, subject
 4805  to rules adopted under subsection (10).
 4806         (12) All permitholders licensed under this chapter have
 4807  standing to enforce subsections (2) and (3) in the courts of
 4808  this state.
 4809         (13) This section does not prohibit the commingling of
 4810  national pari-mutuel pools by a totalisator company that is
 4811  licensed under this chapter. Such commingling of national pools
 4812  is subject to department review and approval and must be
 4813  performed in accordance with rules adopted by the department to
 4814  ensure accurate calculation and distribution of the pools.
 4815         (14) Notwithstanding the provisions of paragraph (3)(b)
 4816  pertaining to takeout, takeouts different from those of the host
 4817  track may be used when the totalisator is programmed for net
 4818  pool pricing and the host track elects to use net pool pricing
 4819  in the calculation of its pools. This subsection also applies to
 4820  greyhound intertrack and simulcast wagers.
 4821         (15) Uncashed tickets and breakage tax on intertrack wagers
 4822  shall be retained by the permitholder conducting the live event.
 4823         (16) Section 565.02(5) applies to any guest track.
 4824         Section 67. Section 551.073, Florida Statutes, is created
 4825  to read:
 4826         551.073Intertrack wagering.—
 4827         (1) A licensed horseracing permitholder that has conducted
 4828  a full schedule of live racing may, at any time, receive at its
 4829  facility broadcasts of and accept wagers on horseraces conducted
 4830  by horseracing permitholders licensed under this chapter.
 4831         (2) Any licensed track or fronton that, in the preceding
 4832  year, conducted a full schedule of live events may, at any time,
 4833  receive broadcasts of any class of pari-mutuel event and accept
 4834  wagers on such events conducted by any class of licensed
 4835  permitholder.
 4836         (3) If a permitholder broadcasts to any permitholder in
 4837  this state, any permitholder that is eligible to conduct
 4838  intertrack wagering under this part may receive the broadcast
 4839  and conduct intertrack wagering under this section. A host track
 4840  may require a guest track within the market area of another
 4841  permitholder to accept within any week at least 60 percent of
 4842  the live races that the host track is making available
 4843  regardless of whether the guest track is operating live events.
 4844  A person may not restrain or attempt to restrain any
 4845  permitholder that is otherwise authorized to conduct intertrack
 4846  wagering from receiving the signal of any other permitholder or
 4847  sending its signal to any permitholder.
 4848         (4) A guest track within the market area of an operating
 4849  permitholder may not take an intertrack wager on the same class
 4850  of live events without the written consent of such operating
 4851  permitholders conducting the same class of live events.
 4852         (5) A permitholder within the market area of the host track
 4853  may not take an intertrack wager on the host track without the
 4854  consent of the host track.
 4855         (6) Notwithstanding subsection (3), in any area of the
 4856  state where there are three or more horseracing permitholders
 4857  within 25 miles of each other, intertrack wagering between
 4858  permitholders may only be authorized under the following
 4859  conditions:
 4860         (a) A permitholder, other than a thoroughbred racing
 4861  permitholder, may accept intertrack wagers on live events
 4862  conducted by a permitholder of the same class or any harness
 4863  racing permitholder located within such area;
 4864         (b) A harness racing permitholder may accept wagers on
 4865  games conducted live by any jai alai permitholder located within
 4866  its market area and may accept wagers on games from a jai alai
 4867  permitholder located within the area specified in this
 4868  subsection when no jai alai permitholder located within its
 4869  market area is conducting live jai alai performances; and
 4870         (c) A greyhound racing or jai alai permitholder may receive
 4871  broadcasts of and accept wagers on any permitholder of the other
 4872  class if a permitholder, other than the host track, of such
 4873  other class is not operating a contemporaneous live performance
 4874  within the market area.
 4875         (7) In any county of the state where there are only two
 4876  permits, one for greyhound racing and one for jai alai, an
 4877  intertrack wager may not be taken during the period of time when
 4878  a permitholder is not licensed to conduct live events without
 4879  the written consent of the other permitholder that is conducting
 4880  live events. However, if neither permitholder is conducting live
 4881  events, either permitholder may accept intertrack wagers on
 4882  horseraces or on the same class of events, or on both horseraces
 4883  and the same class of events, as is authorized by its permit.
 4884         (8) In any three contiguous counties of the state where
 4885  there are only three permitholders, all of which are greyhound
 4886  racing permitholders, if a permitholder leases the facility of
 4887  another permitholder for all or any portion of its live race
 4888  meet pursuant to s. 551.037, such lessee may conduct intertrack
 4889  wagering at its prelease permitted facility throughout the
 4890  entire year, including while its live meet is being conducted at
 4891  the leased facility, if such permitholder has conducted a full
 4892  schedule of live racing during the preceding fiscal year at its
 4893  pre-lease permitted facility, at a leased facility, or at both.
 4894         (9) In any two contiguous counties of the state in which
 4895  only four active permits have been issued, one for thoroughbred
 4896  racing, two for greyhound racing, and one for jai alai games, an
 4897  intertrack wager may not be accepted on the same class of live
 4898  events as those of any permitholder within the same market area
 4899  without the written consent of each such permitholder conducting
 4900  the same class of live events within the market area of the
 4901  guest track.
 4902         (10) All costs of receiving broadcasts shall be borne by
 4903  the guest track, and all costs of sending broadcasts shall be
 4904  borne by the host track.
 4905         Section 68. Section 551.074, Florida Statutes, is created
 4906  to read:
 4907         551.074Intertrack wagering; purses; breeder awards.—If a
 4908  host track is a horse track:
 4909         (1) A host track racing under a thoroughbred racing permit
 4910  or quarter horse racing permit shall pay as purses during its
 4911  current race meet an amount equal to 7 percent of all wagers
 4912  placed pursuant to s. 551.073. At the option of the host track,
 4913  up to 0.50 percent of all wagers placed pursuant to s. 551.073
 4914  may be deducted from the amount retained by the host track for
 4915  purses to supplement the awards program for owners of Florida
 4916  bred horses as specified in s. 551.0511(3). A host track racing
 4917  under a harness racing permit shall pay an amount equal to 7
 4918  percent of all wagers placed pursuant to s. 551.073 as purses
 4919  during its current race meet. If a host track underpays or
 4920  overpays purses required by this section and s. 551.0511, then
 4921  s. 551.0511 applies to the overpayment or underpayment.
 4922         (2) For all wagers placed under s. 551.073:
 4923         (a) If the host track is a thoroughbred race track, an
 4924  amount equal to 0.75 percent of such wagers shall be paid to the
 4925  Florida Thoroughbred Breeders’ and Owners’ Association, Inc.,
 4926  for the payment of breeder awards.
 4927         (b) If the host track is a harness race track, an amount
 4928  equal to 1 percent of such wagers shall be paid to the Florida
 4929  Standardbred Breeders and Owners Association, Inc., for the
 4930  payment of breeder awards, stallion awards, stallion stakes,
 4931  additional purses, and prizes for, and the general promotion of
 4932  owning and breeding, Florida-bred standardbred horses.
 4933         (c) If the host track is a quarter horse race track, an
 4934  amount equal to 1 percent of such wagers shall be paid to the
 4935  Florida Quarter Horse Breeders and Owners Association, Inc., for
 4936  the payment of breeder awards and general promotion.
 4937         (3) The payment to a breeder organization shall be combined
 4938  with any other amounts received by the respective breeder and
 4939  owner associations as designated. Each breeder and owner
 4940  association receiving such funds may withhold the same
 4941  percentage specified in s 551.0523, s. 551.0542, s. 551.0552, or
 4942  s. 551.056 to be used for administering the payment of awards
 4943  and for the general promotion of its respective industry.
 4944  Notwithstanding any other provision of law, if the total
 4945  combined amount received for thoroughbred breeder awards exceeds
 4946  15 percent of the purse required to be paid under subsection
 4947  (1), the breeder and owner association, as designated, shall
 4948  submit a plan to the department for approval which would use the
 4949  excess funds in promoting the breeding industry by increasing
 4950  the purse structure for Florida-bred horses. Preference shall be
 4951  given to the track generating such excess.
 4952         Section 69. Section 551.075, Florida Statutes, is created
 4953  to read:
 4954         551.075Intertrack wagering; guest track payments;
 4955  accounting rules.—
 4956         (1)(a) All guest tracks receiving broadcasts of:
 4957         1. Horseraces from a host track racing under a thoroughbred
 4958  racing permit or quarter horse racing permit are entitled to 7
 4959  percent of the total contributions to the pari-mutuel pool on
 4960  wagers accepted at the guest track.
 4961         2. Greyhound races or jai alai games from a host track
 4962  other than a thoroughbred racing or harness racing permitholder
 4963  are entitled to at least 5 percent of the total contributions to
 4964  the daily pari-mutuel pool on wagers accepted at the guest
 4965  track.
 4966         3. Horseraces from a host track racing under a harness
 4967  racing permit are entitled to 5 percent of the total
 4968  contributions to the daily pari-mutuel pool on wagers accepted
 4969  at the guest track.
 4970         (b)1. If the guest track is a horseracing permitholder that
 4971  accepts intertrack wagers during its current race meet, one-half
 4972  of the amount provided in this subsection and s. 551.076 shall
 4973  be paid as purses during its current race meet; or
 4974         2. If the host track is a thoroughbred racing permitholder,
 4975  and the guest track is also a thoroughbred racing permitholder
 4976  and accepts intertrack wagers on thoroughbred races during its
 4977  current race meet, one-third of the amount provided in this
 4978  subsection shall be paid as purses during its current race meet.
 4979  In addition, an amount equal to 2 percent of the intertrack
 4980  handle at the guest track shall be deducted from the purses
 4981  required to be paid by the host track and remitted by the host
 4982  track to the guest track and paid by the guest track as purses
 4983  during its current race meet.
 4984         (c) If intertrack wagering on thoroughbred racing is taken
 4985  at any guest track, including a thoroughbred guest track, which
 4986  is located within the market area of any thoroughbred racing
 4987  permitholder that is not conducting live racing, an amount equal
 4988  to 2 percent of the intertrack handle at all such guest tracks,
 4989  including the thoroughbred guest track, shall be deducted from
 4990  the purses otherwise required to be paid by the host track and
 4991  remitted by the host track to the thoroughbred racing
 4992  permitholder that was not conducting live racing. The amount
 4993  paid under this paragraph to the thoroughbred racing
 4994  permitholder that was not conducting live racing shall be used
 4995  to pay purses during its next race meet.
 4996         (2) For the purpose of calculating odds and payoffs and
 4997  distributing pari-mutuel pools, all intertrack wagers shall be
 4998  combined with the pari-mutuel pools at the host track.
 4999  Notwithstanding this subsection or subsection (4), a greyhound
 5000  racing permitholder may conduct intertrack wagering without
 5001  combining pari-mutuel pools on not more than three races in any
 5002  week, not to exceed 20 races in a year. All other provisions
 5003  concerning pari-mutuel takeout and payments, including state tax
 5004  payments, apply as if the pool had been combined.
 5005         (3) All forms of pari-mutuel wagering are allowed on all
 5006  wagering authorized by s. 551.073 and this section.
 5007         (4) The takeout on all intertrack wagering shall be the
 5008  same as the takeout on similar pari-mutuel pools conducted at
 5009  the host track.
 5010         (5) The department shall adopt rules providing an expedient
 5011  accounting procedure for the transfer of the pari-mutuel pool in
 5012  order to properly account for payment of state taxes and purses
 5013  and payment to the guest track, the host track, breeder
 5014  associations, horsemen’s associations, and the public.
 5015         (6) Each host track or guest track conducting intertrack
 5016  wagering shall annually file an audit that complies with s.
 5017  551.034 which distinguishes intertrack wagering from wagering
 5018  conducted live.
 5019         (7) A guest track may not make any payment on a pari-mutuel
 5020  ticket purchased on any event broadcast until the stewards,
 5021  judges, or panel of judges at the host track where the event
 5022  originated confirms the event as official.
 5023         (8) By entering and participating in a race for a purse or
 5024  other prize of any racing animal, the owner of the animal and
 5025  the jockey or driver agree to accept such purse or prize as full
 5026  and complete remuneration and payment for such entry and
 5027  participation, including the broadcast of such event.
 5028         (9) A host track that has contracted with an out-of-state
 5029  horse track to broadcast live races conducted at the out-of
 5030  state horse track pursuant to s. 551.072(5) may rebroadcast
 5031  simulcasts of such races to any guest track and accept wagers
 5032  thereon in the same manner as is provided in s. 551.072.
 5033         (a) Definition.—For purposes of this section, the term “net
 5034  proceeds” means the amount of takeout remaining after payment of
 5035  state taxes, purses required under this part, the amount paid to
 5036  the out-of-state horse track, and breeder awards paid to the
 5037  Florida Thoroughbred Breeders’ and Owners’ Association and the
 5038  Florida Standardbred Breeders and Owners Association, to be used
 5039  as set forth in s. 551.074(2).
 5040         (b) Thoroughbred racing host track; distribution.
 5041  Notwithstanding subsection (1) and s. 551.074(1) and (2),
 5042  distribution of the net proceeds that are retained by a
 5043  thoroughbred racing host track from the takeout on a simulcast
 5044  race rebroadcast under this subsection shall be as follows:
 5045         1. One-third shall be paid to the guest track;
 5046         2. One-third shall be retained by the host track; and
 5047         3. One-third shall be paid by the host track as purses at
 5048  the host track.
 5049         (c) Guest tracks not thoroughbred; distribution.—All guest
 5050  tracks, other than thoroughbred racing permitholders, receiving
 5051  wagers on simulcast horseraces rebroadcast from a thoroughbred
 5052  racing host track are subject to the distribution of net
 5053  proceeds specified in paragraph (b) unless the host track and
 5054  guest track permitholders and the recognized horseman’s group
 5055  agree by contract to a different distribution of their
 5056  respective portions of the proceeds.
 5057         (d) Guest track distribution exception.—A permitholder
 5058  located in any market area of the state where there are only two
 5059  permits, one for greyhound racing and one for jai alai, may
 5060  accept wagers on rebroadcasts of simulcast thoroughbred races
 5061  from an in-state thoroughbred racing permitholder and is not
 5062  subject to paragraph (b) if the thoroughbred racing permitholder
 5063  is both conducting live races and accepting wagers on out-of
 5064  state horseraces. In such case, the guest permitholder is
 5065  entitled to 45 percent of the net proceeds on wagers accepted at
 5066  the guest facility. Of the remaining net proceeds, one-half
 5067  shall be retained by the host facility and one-half shall be
 5068  paid by the host facility as purses at the host facility.
 5069         (e) Harness racing host.—Notwithstanding subsection (1) and
 5070  s. 551.074(1) and (2), the proceeds that are retained by a
 5071  harness racing host facility from the takeout on a race
 5072  broadcast under this subsection shall be distributed as follows:
 5073         1. Of the total intertrack handle on the broadcast, 1
 5074  percent shall be deducted from the proceeds and paid to the
 5075  Florida Standardbred Breeders and Owners Association to be used
 5076  as set forth in s. 551.074(2).
 5077         2. After the deduction under subparagraph 1., one-third of
 5078  the proceeds shall be paid to the guest facility, one-third
 5079  shall be retained by the host facility, and one-third shall be
 5080  paid by the host facility as purses at the host facility.
 5081         (f) Greyhound racing and jai alai guest tracks.—A
 5082  permitholder located in any market area of the state where there
 5083  are only two permits, one for greyhound racing and one for jai
 5084  alai, may accept wagers on rebroadcasts of simulcast harness
 5085  races from an in-state harness racing permitholder and is not
 5086  subject to paragraph (b) if the harness racing permitholder is
 5087  conducting live races. In such case, the guest permitholder is
 5088  entitled to 45 percent of the net proceeds on wagers accepted at
 5089  the guest facility. Of the remaining net proceeds, one-half
 5090  shall be retained by the host facility and one-half shall be
 5091  paid by the host facility as purses at the host facility.
 5092         (g) Simulcast wagers on thoroughbred racing.—
 5093         1. A thoroughbred racing permitholder that accepts wagers
 5094  on a simulcast signal must make the signal available to any
 5095  permitholder that is eligible to conduct intertrack wagering
 5096  under this part. Notwithstanding any other provision of this
 5097  part to the contrary, a permitholder located as specified in s.
 5098  551.073(6) which receives the rebroadcast after 6 p.m. may
 5099  accept wagers on such rebroadcast simulcast signal. A
 5100  permitholder licensed under s. 551.077 which receives the
 5101  rebroadcast after 6 p.m. may accept wagers on such rebroadcast
 5102  simulcast signals for a number of performances not exceeding
 5103  that which constitutes a full schedule of live races for a
 5104  quarter horse racing permitholder pursuant to s. 551.012,
 5105  notwithstanding any other provision of this chapter to the
 5106  contrary, except that the restrictions provided in s. 551.077(1)
 5107  apply to wagers on such rebroadcast simulcast signals.
 5108         2. A thoroughbred permitholder is not required to continue
 5109  to rebroadcast a simulcast signal to any in-state permitholder
 5110  if the average per performance gross receipts returned to the
 5111  host permitholder over the preceding 30-day period were less
 5112  than $100. Subject to the provisions of s. 551.073(4), as a
 5113  condition of receiving rebroadcasts of thoroughbred simulcast
 5114  signals under this paragraph, a guest permitholder must accept
 5115  intertrack wagers on all live races conducted by all then
 5116  operating thoroughbred racing permitholders.
 5117         (10) All events conducted at a permitholder’s facility, all
 5118  broadcasts of such events, and all related broadcast rights are
 5119  owned by the permitholder at whose facility such events are
 5120  conducted and are the permitholder’s property as defined in s.
 5121  812.012(4). Transmission, reception of a transmission,
 5122  exhibition, use, or other appropriation of such events,
 5123  broadcasts of such events, or related broadcast rights without
 5124  the written consent of the permitholder is theft of such
 5125  property under s. 812.014, and, in addition to the penal
 5126  sanctions contained in s. 812.014, the permitholder may avail
 5127  itself of the civil remedies specified in ss. 772.104, 772.11,
 5128  and 812.035 in addition to any other remedies available under
 5129  applicable state or federal law.
 5130         (11) To the extent that any rights, privileges, or
 5131  immunities granted to pari-mutuel permitholders in this section
 5132  conflict with any provision of any other law or affect any order
 5133  or rule of the Florida Public Service Commission relating to the
 5134  regulation of public utilities and the furnishing to others of
 5135  any communication, wire service, or other similar service or
 5136  equipment, the rights, privileges, and immunities granted under
 5137  this section prevail over such conflicting provision.
 5138         Section 70. Section 551.076, Florida Statutes, is created
 5139  to read:
 5140         551.076Surcharge; supplement payments.—
 5141         (1) SURCHARGE ON INTERTRACK POOL.—
 5142         (a) Any guest track that accepts intertrack wagers may
 5143  collect and retain a surcharge on any intertrack pool in an
 5144  amount not to exceed 3 percent of each winning pari-mutuel
 5145  ticket cashed.
 5146         (b) A thoroughbred racing permitholder that accepts wagers
 5147  on out-of-state races may impose a surcharge on each winning
 5148  ticket, or interstate pool, on such out-of-state race in an
 5149  amount not to exceed 5 percent of each winning pari-mutuel
 5150  winning ticket cashed. If a permitholder rebroadcasts such
 5151  signal and elects to impose a surcharge, the surcharge shall be
 5152  imposed on any winning ticket at any guest facility at the same
 5153  rate as the surcharge on wagers accepted at its own facility.
 5154  The proceeds from the surcharge shall be distributed as follows:
 5155         1. If the wager is made at the host facility, one-half of
 5156  the proceeds shall be retained by the host permitholder and one
 5157  half shall be paid as purses at the host facility.
 5158         2. If the wager is made at a guest facility, one-half of
 5159  the proceeds shall be retained by the guest permitholder, one
 5160  quarter shall be paid to the host permitholder, and one-quarter
 5161  shall be paid as purses at the host facility.
 5162         (c) Any surcharge taken under this section must be
 5163  calculated after breakage is deducted from the wagering pool.
 5164         (2) SUPPLEMENTAL PAYMENTS BY HARNESS RACING HOST TRACK.—A
 5165  harness racing permitholder host track may pay any guest track
 5166  that receives broadcasts and accepts wagers on races from the
 5167  host track an additional percentage of the total contribution to
 5168  the pari-mutuel pool on wagers accepted at that guest track as a
 5169  supplement to the payment authorized in s. 551.075. A harness
 5170  racing permitholder host track that supplements payments to a
 5171  guest track may reduce the account available for payment of
 5172  purses during its current race meet by 50 percent of the
 5173  supplemental amount paid to the guest track, but the total
 5174  reduction may not exceed 1 percent of the intertrack wagers
 5175  placed on races that are part of the regular ontrack program of
 5176  the host track during its current race meet pursuant to s.
 5177  551.073.
 5178         Section 71. Section 551.077, Florida Statutes, is created
 5179  to read:
 5180         551.077Limited intertrack wagering license.—In recognition
 5181  of the economic importance of the thoroughbred breeding industry
 5182  to this state, its positive impact on tourism, and the
 5183  importance of a permanent thoroughbred sales facility as a key
 5184  focal point for the activities of the industry, a limited
 5185  license to conduct intertrack wagering is established to ensure
 5186  the continued viability and public interest in thoroughbred
 5187  breeding in Florida.
 5188         (1)(a) Upon application to the department on or before
 5189  January 31 of each year, a person who is licensed to conduct
 5190  public sales of thoroughbred horses under s. 535.01, who has
 5191  conducted thoroughbred horse sales for at least 15 days at a
 5192  permanent sales facility in this state for at least 3
 5193  consecutive years, and who has conducted at least 1 day of
 5194  nonwagering thoroughbred racing in this state with a purse
 5195  structure of at least $250,000 per year for 2 consecutive years
 5196  before applying shall be issued a license, subject to the
 5197  conditions specified in this section, to conduct intertrack
 5198  wagering at such a permanent sales facility during all of the
 5199  following periods:
 5200         1. Up to 21 days in connection with thoroughbred sales.
 5201         2. Between November 1 and May 8.
 5202         3. Between May 9 and October 31 at such times and on such
 5203  days as any thoroughbred, jai alai, or a greyhound racing
 5204  permitholder in the same county is not conducting live
 5205  performances. Such permitholder may waive this requirement, in
 5206  whole or in part, and allow the licensee under this section to
 5207  conduct intertrack wagering during one or more of the
 5208  permitholder’s live performances.
 5209         4. During the weekend of the Kentucky Derby, the Preakness,
 5210  the Belmont, and a Breeders’ Cup Meet that is conducted before
 5211  November 1 and after May 8.
 5212         (b) Only one license may be issued under this subsection,
 5213  and the license may not be issued for a facility located within
 5214  50 miles of any thoroughbred racing permitholder’s track.
 5215         (2) If more than one application is submitted for such
 5216  license, the department shall determine which applicant is
 5217  granted the license. In making its determination, the department
 5218  shall grant the license to the applicant demonstrating superior
 5219  capabilities, as measured by the length of time the applicant
 5220  has been conducting thoroughbred horse sales within this state
 5221  or elsewhere, the applicant’s total volume of thoroughbred horse
 5222  sales within this state or elsewhere, the length of time the
 5223  applicant has maintained a permanent thoroughbred sales facility
 5224  in this state, and the quality of the facility.
 5225         (3) The applicant must comply with ss. 551.034 and 551.029.
 5226         (4) Intertrack wagering under this section may be conducted
 5227  only on thoroughbred races, except that intertrack wagering may
 5228  be conducted on any class of pari-mutuel event conducted by any
 5229  class of permitholder licensed under this chapter if all
 5230  thoroughbred racing, jai alai, and greyhound racing
 5231  permitholders in the same county as the licensee under this
 5232  section give their consent.
 5233         (5) The licensee shall be considered a guest track under
 5234  this chapter. The licensee shall pay 2.5 percent of the total
 5235  contributions to the daily pari-mutuel pool on wagers accepted
 5236  at the licensee’s facility on greyhound races or jai alai games
 5237  to the thoroughbred racing permitholder that is conducting live
 5238  races for purses to be paid during its current race meet. If
 5239  more than one thoroughbred racing permitholder is conducting
 5240  live races on a day during which the licensee is conducting
 5241  intertrack wagering on greyhound races or jai alai games, the
 5242  licensee shall allocate these funds between the operating
 5243  thoroughbred racing permitholders on a pro rata basis based on
 5244  the total live handle at the operating permitholders’
 5245  facilities.
 5246         Section 72. Section 551.078, Florida Statutes, is created
 5247  to read:
 5248         551.078Totalisator licensing.—
 5249         (1) A totalisator may not be operated at a pari-mutuel
 5250  facility in this state, or at a facility located in or out of
 5251  this state which is used as the primary totalisator for an event
 5252  conducted in this state, unless the totalisator company
 5253  possesses a business license issued by the department.
 5254         (2)(a) Each totalisator company must apply to the
 5255  department for an annual business license. The application must
 5256  include such information as the department by rule requires.
 5257         (b) As a part of its license application, each totalisator
 5258  company must agree in writing to pay to the department an amount
 5259  equal to the loss of any state revenues due to missed or
 5260  canceled events or performances due to acts of the totalisator
 5261  company or its agents or employees or failures of the
 5262  totalisator system, except for circumstances beyond the control
 5263  of the totalisator company or agent or employee, as determined
 5264  by the department.
 5265         (c) Each totalisator company must file with the department
 5266  a performance bond, acceptable to the department, in the sum of
 5267  $250,000 issued by a surety approved by the department or must
 5268  file acceptable proof of insurance in the amount of $250,000 to
 5269  insure the state against such a revenue loss.
 5270         (d) If there is a loss of state tax revenues, the
 5271  department shall determine:
 5272         1. The estimated revenue lost as a result of missed or
 5273  canceled events or performances;
 5274         2. The number of events or performances which is
 5275  practicable for the permitholder to conduct in an attempt to
 5276  mitigate the revenue loss; and
 5277         3. The amount of the revenue loss that the makeup events or
 5278  performances will not recover and for which the totalisator
 5279  company is liable.
 5280         (e) Upon making the determinations under paragraph (d), the
 5281  department shall issue to the totalisator company and to the
 5282  affected permitholder an order setting forth the determinations
 5283  of the department.
 5284         (f) If the order is contested by the totalisator company or
 5285  any affected permitholder, chapter 120 applies. If the
 5286  totalisator company contests the order on the grounds that the
 5287  revenue loss was due to circumstances beyond its control, the
 5288  totalisator company has the burden of proving that circumstances
 5289  were in fact beyond its control. For purposes of this paragraph,
 5290  strikes and acts of God are beyond the control of the
 5291  totalisator company.
 5292         (g) Upon the failure of the totalisator company to make the
 5293  payment found to be due the state, the department may cause the
 5294  forfeiture of the bond or may proceed against the insurance
 5295  contract, and the proceeds of the bond or contract shall be
 5296  deposited into the Gaming Control Trust Fund. If the bond was
 5297  not posted or insurance was not obtained, the department may
 5298  proceed against any assets of the totalisator company to collect
 5299  the amounts due under this subsection.
 5300         (3) If the applicant meets the requirements of this section
 5301  and of the department rules and pays the license fee, the
 5302  department shall issue the license.
 5303         (4) Each totalisator company shall conduct operations in
 5304  accordance with rules adopted by the department in such form,
 5305  content, and frequency as the department by rule determines.
 5306         (5) The department and its representatives may enter and
 5307  inspect any area of the premises of a licensed totalisator
 5308  company, and may examine totalisator records, during the
 5309  licensee’s regular business or operating hours.
 5310         Section 73. Section 551.082, Florida Statutes, is created
 5311  to read:
 5312         551.082Minors’ attendance at pari-mutuel performances;
 5313  restrictions.—
 5314         (1) A minor, when accompanied by one or both parents or by
 5315  her or his legal guardian, may attend pari-mutuel performances
 5316  under the conditions and at the times specified by each
 5317  permitholder conducting the pari-mutuel performance.
 5318         (2) A person under the age of 18 may not place a wager at
 5319  any pari-mutuel performance.
 5320         (3) Notwithstanding subsections (1) and (2), a minor may be
 5321  employed at a pari-mutuel facility except in a position directly
 5322  involving wagering or alcoholic beverages or except as otherwise
 5323  prohibited by law.
 5324         (4) A minor child of a licensed greyhound trainer, kennel
 5325  operator, or other licensed person employed in the kennel
 5326  compound areas may be granted access to kennel compound areas
 5327  without being licensed if the minor is in no way employed at the
 5328  facility and only when the minor is under the direct supervision
 5329  of her or his parent or legal guardian.
 5330         Section 74. Section 551.091, Florida Statutes, is created
 5331  to read:
 5332         551.091 Penalty for violation.—The department may revoke or
 5333  suspend any permit or license issued under this chapter upon the
 5334  willful violation by the permitholder or licensee of any
 5335  provision of this chapter or of any rule adopted under this
 5336  chapter. In lieu of suspending or revoking a permit or license,
 5337  the department may impose a civil penalty against the
 5338  permitholder or licensee for a violation of this chapter or any
 5339  rule adopted by the department. The penalty may not exceed
 5340  $1,000 for each count or separate offense. All penalties imposed
 5341  and collected shall be remitted to the Chief Financial Officer
 5342  for deposit into the General Revenue Fund.
 5343         Section 75. Section 551.0921, Florida Statutes, is created
 5344  to read:
 5345         551.0921 Use of controlled substances or alcohol
 5346  prohibited; testing of certain occupational licensees.—
 5347         (1) The use of a controlled substance as defined in chapter
 5348  893 or of alcohol by any occupational licensees officiating at
 5349  or participating in an event is prohibited.
 5350         (2)(a) An occupational licensee, by applying for and
 5351  holding such license, is deemed to have given consent to submit
 5352  to an approved chemical test of her or his breath for the
 5353  purpose of determining the alcoholic content of the person’s
 5354  blood and to a urine or blood test for the purpose of detecting
 5355  the presence of a controlled substance. Such tests shall be
 5356  conducted only upon reasonable cause that a violation has
 5357  occurred as determined by the stewards at a horserace meeting or
 5358  the judges or board of judges at a greyhound track or jai alai
 5359  meet. Failure to submit to such test may result in a suspension
 5360  of the person’s occupational license for a period of 10 days or
 5361  until this section has been complied with, whichever is longer.
 5362         1. If at the time of the test the person’s blood contained
 5363  0.05 percent or less by weight of alcohol, the person is
 5364  presumed not to have been under the influence of alcoholic
 5365  beverages to the extent that the person’s normal faculties were
 5366  impaired, and no action may be taken by the stewards, judges, or
 5367  board of judges or the department.
 5368         2. If at the time of the test the person’s blood contained
 5369  more than 0.05 percent but less than 0.08 percent by weight of
 5370  alcohol, it may not be presumed that the person was under the
 5371  influence of alcoholic beverages to the extent that the person’s
 5372  faculties were impaired. In this instance, the stewards, judges,
 5373  or board of judges may consider that fact in determining whether
 5374  the person will be allowed to officiate or participate in a
 5375  given event.
 5376         3. If at the time of the test the person’s blood contained
 5377  0.08 percent or more by weight of alcohol, this fact is prima
 5378  facie evidence that the person was under the influence of
 5379  alcoholic beverages to the extent that the person’s normal
 5380  faculties were impaired, and the stewards or judges may take
 5381  action as specified in this section, but the person may not
 5382  officiate at or participate in any event on the day of such
 5383  test.
 5384         (b) All tests relating to alcohol must be performed in a
 5385  manner identical or substantially similar to the provisions of
 5386  s. 316.1934 and rules adopted pursuant to that section.
 5387  Following a test of the urine or blood to determine the presence
 5388  of a controlled substance as defined in chapter 893, if a
 5389  controlled substance is found to exist, the stewards, judges, or
 5390  board of judges may take such action as is permitted in this
 5391  section.
 5392         (3)(a) For the first violation of subsection (2), the
 5393  stewards, judges, or board of judges may suspend a licensee for
 5394  up to 10 days or, in lieu of suspension, may impose a civil fine
 5395  of up to $500.
 5396         (b) For a second violation of subsection (2) within 1 year
 5397  after the first violation, the stewards, judges, or board of
 5398  judges may suspend a licensee for up to 30 days and, in addition
 5399  to or in lieu of suspension, may impose a civil fine of up to
 5400  $2,000.
 5401         (c) In lieu of or in addition to the penalties prescribed
 5402  under paragraph (a) for a first offense or paragraph (b) for a
 5403  second offense, the stewards, judges, or board of judges may
 5404  require the licensee to participate in a drug or alcohol
 5405  rehabilitation program and to be retested.
 5406         (d) If the second violation occurred within 1 year after
 5407  the first violation, upon the finding of a third violation of
 5408  this section within 1 year after the second violation, the
 5409  stewards, judges, or board of judges may suspend the licensee
 5410  for up to 120 days, and the stewards, judges, or board of judges
 5411  shall forward the results of the tests under paragraphs (a) and
 5412  (b) and this violation to the department. In addition to the
 5413  action taken by the stewards, judges, or board of judges, the
 5414  department, after a hearing, may deny, suspend, or revoke the
 5415  occupational license of the licensee and may impose a civil
 5416  penalty of up to $5,000 in addition to or in lieu of a
 5417  suspension or revocation. The department shall have no authority
 5418  over the enforcement of this section until a licensee commits a
 5419  third violation within 2 years after the first violation.
 5420         (4) Section 120.80(19)(a) applies to all actions taken by
 5421  the stewards, judges, or board of judges pursuant to this
 5422  section without regard to the limitation imposed in that
 5423  section.
 5424         (5) This section does not apply to the possession and use
 5425  of controlled or chemical substances that are prescribed as part
 5426  of the care and treatment of a disease or injury by a
 5427  practitioner licensed under chapter 458, chapter 459, part I of
 5428  chapter 464, or chapter 466.
 5429         (6) It is the intent of the Legislature to protect the
 5430  health, safety, and welfare of those officiating at or
 5431  participating in an event. Therefore, evidence of any test or
 5432  actions taken by the stewards, judges, or board of judges or the
 5433  department under this section is inadmissible in court for
 5434  criminal prosecution. However, this subsection does not prohibit
 5435  any person so authorized from pursuing an independent
 5436  investigation as a result of a ruling made by the stewards,
 5437  judges, board of judges, or department.
 5438         Section 76. Section 551.0922, Florida Statutes, is created
 5439  to read:
 5440         551.0922 Authority of stewards, judges, panel of judges, or
 5441  player’s manager to impose penalties against occupational
 5442  licensees; disposition of funds collected.—
 5443         (1) The stewards at a horse track; the judges at a
 5444  greyhound track; or the judges, a panel of judges, or a player’s
 5445  manager at a jai alai fronton may impose a civil penalty against
 5446  any occupational licensee for violation of the pari-mutuel laws
 5447  or any rule adopted by the department. The penalty may not
 5448  exceed $1,000 for each count or separate offense or exceed 60
 5449  days of suspension for each count or separate offense.
 5450         (2) All penalties imposed and collected pursuant to this
 5451  section at each pari-mutuel facility shall be deposited into a
 5452  board of relief fund established by the pari-mutuel
 5453  permitholder. Each association shall name a board of relief
 5454  composed of three of its officers, with the general manager of
 5455  the permitholder being the ex officio treasurer of such board.
 5456  Moneys deposited into the board of relief fund shall be
 5457  disbursed by the board for the specific purpose of aiding
 5458  occupational licensees and their immediate family members at
 5459  each pari-mutuel facility.
 5460         Section 77. Section 551.093, Florida Statutes, is created
 5461  to read:
 5462         551.093 Racing animals under certain conditions prohibited;
 5463  penalties; exceptions.—
 5464         (1)(a) Racing an animal that has been administered any
 5465  drug, medication, stimulant, depressant, hypnotic, narcotic,
 5466  local anesthetic, or drug-masking agent is prohibited. A person
 5467  may not administer or cause to be administered any drug,
 5468  medication, stimulant, depressant, hypnotic, narcotic, local
 5469  anesthetic, or drug-masking agent to an animal which will result
 5470  in a positive test for such substance based on samples taken
 5471  from the animal immediately before or immediately after racing
 5472  that animal. Test results and the identities of animals being
 5473  tested and of their trainers and owners of record are
 5474  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 5475  of the State Constitution for 10 days after testing of all
 5476  samples collected on a particular day has been completed and any
 5477  positive test results derived from such samples have been
 5478  reported to the executive director or administrative action has
 5479  begun.
 5480         (b) A race-day specimen may not contain a level of a
 5481  naturally occurring substance which exceeds normal physiological
 5482  concentrations. The department may adopt rules that specify
 5483  normal physiological concentrations of naturally occurring
 5484  substances in the natural untreated animal and rules that
 5485  specify acceptable levels of environmental contaminants and
 5486  trace levels of substances in test samples.
 5487         (c) The finding of a prohibited substance in a race-day
 5488  specimen constitutes prima facie evidence that the substance was
 5489  administered and was carried in the body of the animal while
 5490  participating in the race.
 5491         (2) The department may take administrative action against
 5492  an occupational licensee responsible under department rule for
 5493  the condition of an animal that has been medicated or drugged in
 5494  violation of this section.
 5495         (3)(a) Upon the finding of a violation of this section, the
 5496  department may:
 5497         1. Revoke or suspend the license or permit of the violator
 5498  or deny a license or permit to the violator;
 5499         2. Impose a fine against the violator in an amount not
 5500  exceeding $5,000;
 5501         3. Require the full or partial return of the purse,
 5502  sweepstakes, and trophy of the race at issue; or
 5503         4. Impose any combination of the penalties in subparagraphs
 5504  1.-3.
 5505         (b) Notwithstanding chapter 120, the department may
 5506  summarily suspend the license of an occupational licensee
 5507  responsible under this section or department rule for the
 5508  condition of a race animal if the department laboratory reports
 5509  the presence of a prohibited substance in the animal or its
 5510  blood, urine, saliva, or any other bodily fluid, either before a
 5511  race in which the animal is entered or after a race the animal
 5512  has run.
 5513         (c) If an occupational licensee is summarily suspended
 5514  under this section, the department shall offer the licensee a
 5515  postsuspension hearing within 72 hours, at which the department
 5516  shall produce the laboratory report and documentation that, on
 5517  its face, establishes the responsibility of the occupational
 5518  licensee. Upon production of the documentation, the occupational
 5519  licensee has the burden of proving his or her lack of
 5520  responsibility.
 5521         (d) Any proceeding for administrative action against a
 5522  licensee or permitholder, other than a proceeding under
 5523  paragraph (c), shall be conducted in compliance with chapter
 5524  120.
 5525         (e) The finding of a violation of this section does not
 5526  prohibit a prosecution for any criminal act committed.
 5527         (4) A prosecution brought under this section must begin
 5528  within 2 years after the violation was committed. Service of an
 5529  administrative complaint marks the beginning of administrative
 5530  action.
 5531         (5) The department shall implement a split-sample procedure
 5532  for testing animals under this section.
 5533         (a) Upon finding a positive drug test result, the
 5534  department shall notify the owner or trainer of the results. The
 5535  owner may request that each urine and blood sample be split into
 5536  a primary sample and a secondary sample, which must be
 5537  accomplished in the laboratory under rules approved by the
 5538  department. Custody of both samples must remain with the
 5539  department. However, upon request by the affected trainer or
 5540  owner of the animal from which the sample was obtained, the
 5541  department shall send the secondary sample to an approved
 5542  independent laboratory for analysis. The department shall
 5543  establish standards and rules for uniform enforcement and shall
 5544  maintain a list of at least five approved independent
 5545  laboratories from which an owner or trainer shall select in the
 5546  event that a sample tests positive.
 5547         (b) If the state laboratory’s findings are not confirmed by
 5548  the independent laboratory, further administrative or
 5549  disciplinary action under this section may not be pursued. The
 5550  department may adopt rules identifying substances that diminish
 5551  in a blood or urine sample due to passage of time and that must
 5552  be taken into account in applying this section.
 5553         (c) If the independent laboratory confirms the state
 5554  laboratory’s positive result or if there is an insufficient
 5555  quantity of the secondary sample for confirmation of the state
 5556  laboratory’s positive result, the department may begin
 5557  administrative proceedings under this chapter and consistent
 5558  with chapter 120.
 5559         (d) For purposes of this subsection, the department shall
 5560  in good faith attempt to obtain a sufficient quantity of the
 5561  test fluid to allow both a primary test and a secondary test to
 5562  be conducted.
 5563         (6)(a) It is the intent of the Legislature that animals
 5564  that participate in races in this state on which pari-mutuel
 5565  wagering is conducted and animals that are bred and trained in
 5566  this state for racing be treated humanely, both on and off
 5567  racetracks, throughout the lives of the animals.
 5568         (b) The department shall, by rule, establish the procedures
 5569  for euthanizing greyhounds. However, a greyhound may not be put
 5570  to death by any means other than by lethal injection of the drug
 5571  sodium pentobarbital. A greyhound may not be removed from this
 5572  state for the purpose of being destroyed.
 5573         (c) An occupational licensee may not train a greyhound
 5574  using live or dead animals. A greyhound may not be taken from
 5575  this state for the purpose of being trained through the use of
 5576  live or dead animals.
 5577         (d) Any act committed by any licensee that would constitute
 5578  cruelty to animals as defined in s. 828.02 involving any animal
 5579  is a violation of this chapter. Imposition of any penalty by the
 5580  department for violation of this chapter or any rule adopted by
 5581  the department pursuant to this chapter does not prohibit a
 5582  criminal prosecution for cruelty to animals.
 5583         (e) The department may inspect any area at a pari-mutuel
 5584  facility where racing animals are raced, trained, housed, or
 5585  maintained, including any areas where food, medications, or
 5586  other supplies are kept, to ensure the humane treatment of
 5587  racing animals and compliance with this chapter and the rules of
 5588  the department.
 5589         (7)(a) Medication may not be administered to an animal
 5590  within 24 hours before the officially scheduled post time of a
 5591  race in which the animal is participating except as provided for
 5592  in this section. The department shall, by rule:
 5593         1. Establish conditions for the use of furosemide to treat
 5594  exercise-induced pulmonary hemorrhage.
 5595         2. Establish conditions for the use of prednisolone sodium
 5596  succinate. Furosemide or prednisolone sodium succinate may not
 5597  be administered to an animal within 4 hours before the
 5598  officially scheduled post time for the race.
 5599         3. Establish conditions for the use of phenylbutazone and
 5600  synthetic corticosteroids. Except as provided in subparagraph
 5601  2., phenylbutazone and synthetic corticosteroids may not be
 5602  given to an animal within 24 hours before the officially
 5603  scheduled post time of a race. Oral corticosteroids are
 5604  prohibited unless prescribed by a licensed veterinarian and
 5605  reported to the department on forms prescribed by the
 5606  department.
 5607         4. Establish acceptable levels of allowed medications and
 5608  identify the appropriate biological specimens by which the
 5609  administration of such medication is monitored.
 5610         (b) This section does not prohibit the use of vitamins,
 5611  minerals, or naturally occurring substances in an amount that
 5612  does not exceed the normal physiological concentration in a
 5613  race-day specimen.
 5614         (8)(a) Medication may not be administered to an animal
 5615  within 24 hours before the officially scheduled post time of the
 5616  race except as provided in this section.
 5617         (b) If the department first determines that the use of
 5618  furosemide, phenylbutazone, or prednisolone sodium succinate in
 5619  horses is in the best interest of racing, the department may
 5620  adopt rules allowing such use, but the rules must specify the
 5621  conditions for such use. A rule may not allow the administration
 5622  of furosemide or prednisolone sodium succinate within 4 hours
 5623  before the officially scheduled post time for the race. A rule
 5624  may not allow the administration of phenylbutazone or any other
 5625  synthetic corticosteroid within 24 hours before the officially
 5626  scheduled post time for the race. Any administration of
 5627  synthetic corticosteroids is limited to parenteral routes. Oral
 5628  administration of synthetic corticosteroids is expressly
 5629  prohibited. If this paragraph is unconstitutional, it is
 5630  severable from the remainder of this section.
 5631         (9)(a) The department may conduct a postmortem examination
 5632  of any animal that is injured while in training or in
 5633  competition at a permitted racetrack and that subsequently
 5634  expires or is destroyed. The department may conduct a postmortem
 5635  examination of any animal that expires while housed at a
 5636  permitted racetrack, association compound, or licensed kennel or
 5637  farm. Trainers and owners must comply with this paragraph as a
 5638  condition of licensure.
 5639         (b) Upon the death of an animal specified in paragraph (a),
 5640  the department may take possession of the animal for postmortem
 5641  examination. The department may submit blood, urine, other
 5642  bodily fluid specimens, or other tissue specimens collected
 5643  during a postmortem examination for testing by the department
 5644  laboratory or its designee. Upon completion of the postmortem
 5645  examination, the carcass must be returned to the owner or
 5646  disposed of at the owner’s option.
 5647         (10) The presence in an animal of a prohibited substance
 5648  that breaks down during a race, found by the department
 5649  laboratory in a bodily fluid specimen collected during the
 5650  postmortem examination of the animal, constitutes a violation of
 5651  this section.
 5652         (11) The cost of postmortem examinations, testing, and
 5653  disposal shall be borne by the department.
 5654         (12) Except as specifically modified by statute or by rule
 5655  of the department, the Uniform Classification Guidelines for
 5656  Foreign Substances, revised February 14, 1995, as promulgated by
 5657  the Association of Racing Commissioners International, Inc., is
 5658  adopted by reference as the uniform classification system for
 5659  class IV and V medications.
 5660         (13) The department shall use only the thin layer
 5661  chromatography (TLC) screening process to test for the presence
 5662  of class IV and V medications in samples taken from racehorses
 5663  except when thresholds of a class IV or class V medication have
 5664  been established and are enforced by rule. Once a sample has
 5665  been identified as suspicious for a class IV or class V
 5666  medication by the TLC screening process, the sample will be sent
 5667  for confirmation by and through additional testing methods. All
 5668  other medications not classified by rule as a class IV or class
 5669  V medication shall be subject to all forms of testing available
 5670  to the department.
 5671         (14) The department may implement by rule medication levels
 5672  recommended by the University of Florida College of Veterinary
 5673  Medicine developed pursuant to an agreement between the
 5674  department and the University of Florida College of Veterinary
 5675  Medicine. The University of Florida College of Veterinary
 5676  Medicine may provide written notification to the department that
 5677  it has completed research or review on a particular drug
 5678  pursuant to the agreement and when the College of Veterinary
 5679  Medicine has completed a final report of its findings,
 5680  conclusions, and recommendations to the department.
 5681         (15) The testing medium for phenylbutazone in horses shall
 5682  be serum, and the department may collect up to six full 15
 5683  milliliter blood tubes for each horse being sampled.
 5684         (16) The department shall adopt rules to implement this
 5685  section. The rules may include a classification system for
 5686  prohibited substances and a corresponding penalty schedule for
 5687  violations.
 5688         Section 78. Section 551.0941, Florida Statutes, is created
 5689  to read:
 5690         551.0941 Penalty for conducting unauthorized race.—Every
 5691  horserace or greyhound race conducted for any stake, purse,
 5692  prize, or premium, except as allowed by this chapter, is
 5693  prohibited and declared to be a public nuisance, and a person
 5694  who conducts, attempts to conduct, or assists in the conduct or
 5695  attempted conduct of horseracing or greyhound racing in this
 5696  state in violation of this chapter commits a misdemeanor of the
 5697  second degree, punishable as provided in s. 775.082 or s.
 5698  775.083.
 5699         Section 79. Section 551.0942, Florida Statutes, is created
 5700  to read:
 5701         551.0942 Conspiring to prearrange result of an event; using
 5702  medication or drugs on a horse or greyhound; penalty.—
 5703         (1) Any person who influences or conspires with an owner,
 5704  jockey, groom, or other person associated with or interested in
 5705  any stable, kennel, or event to prearrange or predetermine the
 5706  results of an event involving a horse, greyhound, or jai alai
 5707  player commits a felony of the third degree, punishable as
 5708  provided in s. 775.082, s. 775.083, or s. 775.084.
 5709         (2) Any person who attempts to affect the outcome of a
 5710  horse race or greyhound race by unlawfully administering
 5711  medication or drugs to a race animal or by administering
 5712  prohibited medication or drugs to a race animal or who conspires
 5713  to administer or attempt to administer such medication or drugs
 5714  commits a felony of the third degree, punishable as provided in
 5715  s. 775.082, s. 775.083, or s. 775.084.
 5716         Section 80. Section 551.0943, Florida Statutes, is created
 5717  to read:
 5718         551.0943 Obtaining goods or services with intent to
 5719  defraud.—
 5720         (1) Any owner, trainer, or custodian of any horse or
 5721  greyhound being used, or being bred, raised, or trained to be
 5722  used, in racing at a pari-mutuel facility who obtains food,
 5723  drugs, transportation, veterinary services, or supplies for the
 5724  use or benefit of the horse or greyhound with intent to defraud
 5725  the person from whom the food, drugs, transportation, veterinary
 5726  services, or supplies are obtained commits a misdemeanor of the
 5727  second degree, punishable as provided in s. 775.082 or s.
 5728  775.083.
 5729         (2) In a prosecution under this section, proof that the
 5730  food, drugs, transportation, veterinary services, or supplies
 5731  had been furnished and not paid for, and that the owner,
 5732  trainer, or custodian of the horse or greyhound was removing or
 5733  attempting to remove any horse or greyhound from the state and
 5734  beyond the jurisdiction of the courts of this state, is prima
 5735  facie evidence of intent to defraud under this section.
 5736         Section 81. Section 551.0944, Florida Statutes, is created
 5737  to read:
 5738         551.0944 Bookmaking on the grounds of a permitholder;
 5739  duties of employees.—
 5740         (1) Any person who engages in bookmaking, as defined in s.
 5741  849.25, on the grounds or property of a permitholder of a horse
 5742  or greyhound track or jai alai fronton commits a felony of the
 5743  third degree, punishable as provided in s. 775.082, s. 775.083,
 5744  or s. 775.084. A second or subsequent violation under this
 5745  subsection is a felony of the second degree, punishable as
 5746  provided in s. 775.082, s. 775.083, or s. 775.084.
 5747  Notwithstanding s. 948.01, a person convicted under this
 5748  subsection may not have adjudication of guilt suspended,
 5749  deferred, or withheld.
 5750         (2) A person convicted of bookmaking in this state or any
 5751  other state of the United States or any foreign country shall be
 5752  denied admittance to and may not attend any racetrack or fronton
 5753  in this state during its racing seasons or operating dates,
 5754  including any practice or preparation days, for a period of 2
 5755  years after the date of conviction or the date of final appeal.
 5756  After the period of ineligibility expires, the executive
 5757  director may authorize admittance of such person after a hearing
 5758  on the matter. Any such person who knowingly violates this
 5759  subsection commits a misdemeanor of the first degree, punishable
 5760  as provided in s. 775.082 or s. 775.083.
 5761         (3) If the activities of a person show that this section is
 5762  being violated and such activities are witnessed by or are
 5763  common knowledge of any track or fronton employee, that employee
 5764  shall bring the activities of the person to the immediate
 5765  attention of the permitholder or manager, or her or his
 5766  designee, who shall notify a law enforcement agency having
 5767  jurisdiction. Willful failure on the part of any track or
 5768  fronton employee to comply with this subsection is a ground for
 5769  the department to suspend or revoke that employee’s occupational
 5770  license.
 5771         (4) Each permitholder shall display, in conspicuous places
 5772  at its track or fronton and in all race and jai alai daily
 5773  programs, a warning to all patrons concerning the prohibition
 5774  and penalties of bookmaking contained in this section and s.
 5775  849.25. The department shall adopt rules concerning the uniform
 5776  size of all warnings and the number of placements throughout a
 5777  track or fronton. Failure on the part of the permitholder to
 5778  display such warnings may result in the imposition of a $500
 5779  fine by the department for each offense.
 5780         (5) The prohibition of and penalties for bookmaking
 5781  contained in this section do not apply to a person attending a
 5782  track or fronton, or employed by a track or fronton, who places
 5783  a bet through the legalized pari-mutuel pool for another person,
 5784  if such service is rendered gratuitously and without fee or
 5785  other reward.
 5786         (6) This section does not apply to prosecutions filed and
 5787  pending on December 16, 1992, but all such cases shall be
 5788  disposed of under existing law at the time of institution of
 5789  such prosecutions.
 5790         Section 82. Section 551.095, Florida Statutes, is created
 5791  to read:
 5792         551.095 Limitation of civil liability.—A permittee
 5793  conducting a race meet pursuant to this chapter; a division
 5794  director or an employee of the department; or a steward, a
 5795  judge, or any other person appointed to act pursuant to this
 5796  part may not be held liable to any person, partnership,
 5797  association, corporation, or other business entity for any cause
 5798  whatsoever arising out of or from her or his performance of her
 5799  or his duties and the exercise of her or his discretion with
 5800  respect to the implementation and enforcement of the statutes
 5801  and rules governing the conduct of pari-mutuel wagering, if she
 5802  or he acted in good faith. This section does not limit liability
 5803  if negligent maintenance of the premises or negligent conduct of
 5804  a race contributed to an accident and does not limit any
 5805  contractual liability.
 5806         Section 83. Part III of chapter 551, Florida Statutes,
 5807  consisting of sections 551.101-551.123, is created and entitled
 5808  “SLOT MACHINES.
 5809         Section 84. Section 551.101, Florida Statutes, is amended
 5810  to read:
 5811         551.101 Slot machine gaming authorized.—
 5812         (1) Pursuant to s. 23, Art. X of the State Constitution, a
 5813  licensed pari-mutuel permitholder operating a facility Any
 5814  licensed pari-mutuel facility located in Miami-Dade County or
 5815  Broward County on November 9, 2004, where live racing or games
 5816  were conducted existing at the time of adoption of s. 23, Art. X
 5817  of the State Constitution that has conducted live racing or
 5818  games during calendar years 2002 and 2003 may possess slot
 5819  machines and conduct slot machine gaming at such facility
 5820  pursuant to this chapter and department rule.
 5821         (2) A licensed pari-mutuel permitholder operating a
 5822  facility located within a county as defined in s. 125.011 which
 5823  has conducted live racing for 2 consecutive calendar years
 5824  immediately preceding its application for a slot machine license
 5825  may possess slot machines and conduct slot machine gaming at
 5826  such facility pursuant to this chapter and department rule.
 5827         (3) A pari-mutuel permitholder operating a facility located
 5828  in a county in which a majority of voters have approved slot
 5829  machines at such facilities in a countywide referendum held
 5830  pursuant to a statutory or constitutional authorization granted
 5831  after July 6, 2010, in the respective county, which facility has
 5832  conducted a full schedule of live racing for 2 consecutive
 5833  calendar years immediately preceding its application for a slot
 5834  machine license, may possess slot machines and conduct slot
 5835  machine gaming at such facility pursuant to this chapter and
 5836  department rule the location where the pari-mutuel permitholder
 5837  is authorized to conduct pari-mutuel wagering activities
 5838  pursuant to such permitholder’s valid pari-mutuel permit
 5839  provided that a majority of voters in a countywide referendum
 5840  have approved slot machines at such facility in the respective
 5841  county.
 5842         (4) Notwithstanding any other provision of law, it is not a
 5843  crime for a person to participate in slot machine gaming at a
 5844  pari-mutuel facility licensed to possess slot machines and
 5845  conduct slot machine gaming or to participate in slot machine
 5846  gaming described in this chapter.
 5847         Section 85. Section 551.102, Florida Statutes, is amended
 5848  to read:
 5849         551.102 Definitions.—As used in this chapter, the term:
 5850         (1) “Distributor” means any person who sells, leases, or
 5851  offers or otherwise provides, distributes, or services any slot
 5852  machine or associated equipment for use or play of slot machines
 5853  in this state. A manufacturer may be a distributor within the
 5854  state.
 5855         (1)(2) “Designated slot machine gaming area” means the area
 5856  or areas of a facility of a slot machine licensee in which slot
 5857  machine gaming may be conducted in accordance with the
 5858  provisions of this chapter.
 5859         (2) “Distributor” means a person who sells, leases, or
 5860  offers or otherwise provides, distributes, or services a slot
 5861  machine or associated equipment for use or play of slot machines
 5862  in this state. A manufacturer may be a distributor within the
 5863  state.
 5864         (3) “Division” means the Division of Pari-mutuel Wagering
 5865  of the Department of Business and Professional Regulation.
 5866         (3)(4) “Eligible facility” means a any licensed pari-mutuel
 5867  facility that meets the requirements of s. 551.101 located in
 5868  Miami-Dade County or Broward County existing at the time of
 5869  adoption of s. 23, Art. X of the State Constitution that has
 5870  conducted live racing or games during calendar years 2002 and
 5871  2003 and has been approved by a majority of voters in a
 5872  countywide referendum to have slot machines at such facility in
 5873  the respective county; any licensed pari-mutuel facility located
 5874  within a county as defined in s. 125.011, provided such facility
 5875  has conducted live racing for 2 consecutive calendar years
 5876  immediately preceding its application for a slot machine
 5877  license, pays the required license fee, and meets the other
 5878  requirements of this chapter; or any licensed pari-mutuel
 5879  facility in any other county in which a majority of voters have
 5880  approved slot machines at such facilities in a countywide
 5881  referendum held pursuant to a statutory or constitutional
 5882  authorization after the effective date of this section in the
 5883  respective county, provided such facility has conducted a full
 5884  schedule of live racing for 2 consecutive calendar years
 5885  immediately preceding its application for a slot machine
 5886  license, pays the required license licensed fee, and meets the
 5887  other requirements of this chapter.
 5888         (4)(5) “Manufacturer” means a any person who manufactures,
 5889  builds, rebuilds, fabricates, assembles, produces, programs,
 5890  designs, or otherwise makes modifications to a any slot machine
 5891  or associated equipment for use or play of slot machines in this
 5892  state for gaming purposes. A manufacturer may be a distributor
 5893  within the state.
 5894         (5)(6) “Nonredeemable credits” means slot machine operating
 5895  credits that cannot be redeemed for cash or any other thing of
 5896  value by a slot machine, a kiosk, or the slot machine licensee
 5897  and that are provided free of charge to patrons. Such operating
 5898  credits become do not constitute “nonredeemable credits” when
 5899  until such time as they are metered as credit into a slot
 5900  machine and recorded in the facility-based monitoring system.
 5901         (6)(7) “Progressive system” means a computerized system
 5902  linking slot machines in one or more licensed facilities within
 5903  this state or other jurisdictions and offering one or more
 5904  common progressive payouts based on the amounts wagered.
 5905         (7)(8) “Slot machine” means a any mechanical or electrical
 5906  contrivance, terminal that may or may not be capable of
 5907  downloading slot games from a central server system, machine, or
 5908  other device that, upon insertion of a coin, bill, ticket,
 5909  token, or similar object or upon payment of any consideration
 5910  whatsoever, including the use of an any electronic payment
 5911  system except a credit card or debit card, is available to play
 5912  or operate, the play or operation of which, whether by reason of
 5913  skill or application of the element of chance or both, may
 5914  deliver or entitle the person or persons playing or operating
 5915  the contrivance, terminal, machine, or other device to receive
 5916  cash, billets, tickets, tokens, or electronic credits to be
 5917  exchanged for cash or to receive merchandise or anything of
 5918  value whatsoever, whether the payoff is made automatically from
 5919  the machine or manually. The term includes associated equipment
 5920  necessary to conduct the operation of the contrivance, terminal,
 5921  machine, or other device. Slot machines may use spinning reels,
 5922  video displays, or both. A slot machine is not an acoin
 5923  operated amusement game or machine” as defined in s. 212.02(24)
 5924  or an amusement game or machine as described in s. 849.161, and
 5925  slot machines are not subject to the tax imposed under by s.
 5926  212.05(1)(h).
 5927         (8)(9) “Slot machine facility” means a facility at which
 5928  slot machines as defined in this chapter are lawfully offered
 5929  for play.
 5930         (9)(10) “Slot machine license” means a license issued by
 5931  the department division authorizing a pari-mutuel permitholder
 5932  to place and operate slot machines as provided by s. 23, Art. X
 5933  of the State Constitution, the provisions of this chapter, and
 5934  department division rules.
 5935         (10)(11) “Slot machine licensee” means a pari-mutuel
 5936  permitholder who holds a slot machine license issued by the
 5937  division pursuant to this chapter that authorizes such person to
 5938  possess a slot machine within facilities specified in s. 23,
 5939  Art. X of the State Constitution and allows slot machine gaming.
 5940         (11)(12) “Slot machine operator” means a person employed or
 5941  contracted by a slot machine licensee the owner of a licensed
 5942  facility to conduct slot machine gaming at a slot machine that
 5943  licensed facility.
 5944         (12)(13) “Slot machine revenues” means the total of all
 5945  cash and property, except nonredeemable credits, received by the
 5946  slot machine licensee from the operation of slot machines less
 5947  the amount of cash, cash equivalents, credits, and prizes paid
 5948  to winners of slot machine gaming.
 5949         Section 86. Section 551.103, Florida Statutes, is amended
 5950  to read:
 5951         551.103 Powers and duties of the department division and
 5952  law enforcement.—
 5953         (1) The department division shall adopt, pursuant to the
 5954  provisions of ss. 120.536(1) and 120.54, all rules necessary to
 5955  implement, administer, and regulate slot machine gaming as
 5956  authorized by in this chapter. Such rules must include:
 5957         (a) Procedures for applying for a slot machine license and
 5958  renewal of a slot machine license.
 5959         (b) Technical requirements and the qualifications specified
 5960  contained in this chapter which that are necessary to receive a
 5961  slot machine license or slot machine occupational license.
 5962         (c) Procedures to scientifically test and technically
 5963  evaluate slot machines for compliance with this chapter. The
 5964  department division may contract with an independent testing
 5965  laboratory to conduct any necessary testing under this section.
 5966  The independent testing laboratory must have a national
 5967  reputation as being which is demonstrably competent and
 5968  qualified to scientifically test and evaluate slot machines for
 5969  compliance with this chapter and to otherwise perform the
 5970  functions assigned to it in this chapter. An independent testing
 5971  laboratory may shall not be owned or controlled by a licensee.
 5972  If The use of an independent testing laboratory is used for a
 5973  any purpose related to the conduct of slot machine gaming by a
 5974  licensee under this chapter, such laboratory shall be selected
 5975  made from a list of one or more laboratories approved by the
 5976  department division.
 5977         (d) Procedures relating to slot machine revenues, including
 5978  verifying and accounting for such revenues, auditing, and
 5979  collecting taxes and fees consistent with this chapter.
 5980         (e) Procedures for regulating, managing, and auditing the
 5981  operation, financial data, and program information relating to
 5982  slot machine gaming which that allow the department division and
 5983  the Department of Law Enforcement to audit the operation,
 5984  financial data, and program information of a slot machine
 5985  licensee, as required by the department division or the
 5986  Department of Law Enforcement, and provide the department
 5987  division and the Department of Law Enforcement with the ability
 5988  to monitor, at any time on a real-time basis, wagering patterns,
 5989  payouts, tax collection, and compliance with department rules
 5990  governing any rules adopted by the division for the regulation
 5991  and control of slot machines operated under this chapter. Such
 5992  continuous and complete access, at any time on a real-time
 5993  basis, shall include the ability of either the department
 5994  division or the Department of Law Enforcement to suspend play
 5995  immediately on particular slot machines if monitoring of the
 5996  facilities-based computer system indicates possible tampering
 5997  with or manipulation of those slot machines or the ability to
 5998  suspend play immediately of the entire operation if the computer
 5999  system itself is tampered with or manipulated tampering or
 6000  manipulation is of the computer system itself. The department
 6001  division shall notify the Department of Law Enforcement or the
 6002  Department of Law Enforcement shall notify the department
 6003  division, as appropriate, whenever there is a suspension of play
 6004  under this paragraph. The department division and the Department
 6005  of Law Enforcement shall exchange such information necessary for
 6006  and cooperate in the investigation of the circumstances
 6007  requiring suspension of play under this paragraph.
 6008         (f) Procedures for requiring each licensee at his or her
 6009  own cost and expense to supply the department division with a
 6010  bond having the penal sum of $2 million payable to the Governor
 6011  and his or her successors in office for each year of the
 6012  licensee’s slot machine operations. A Any bond shall be issued
 6013  by a surety or sureties approved by the department division and
 6014  the Chief Financial Officer, conditioned to faithfully make the
 6015  payments to the Chief Financial Officer in his or her capacity
 6016  as treasurer of the department division. The licensee shall be
 6017  required to keep its books and records and make reports as
 6018  provided in this chapter and to conduct its slot machine
 6019  operations in conformity with this chapter and all other
 6020  provisions of law. Such bond shall be separate and distinct from
 6021  the bond required in s. 551.034 s. 550.125.
 6022         (g) Procedures for requiring licensees to maintain
 6023  specified records and submit any data, information, record, or
 6024  report, including financial and income records, required under
 6025  by this chapter or determined by the department division to be
 6026  necessary to the proper implementation and enforcement of this
 6027  chapter.
 6028         (h) A requirement that the payout percentage of a slot
 6029  machine be at least no less than 85 percent.
 6030         (i) Minimum standards for security of the facilities,
 6031  including floor plans, security cameras, and other security
 6032  equipment.
 6033         (j) Procedures for requiring slot machine licensees to
 6034  implement and establish drug-testing programs for all slot
 6035  machine occupational licensees.
 6036         (2) The department division shall conduct such
 6037  investigations necessary to fulfill its responsibilities under
 6038  the provisions of this chapter.
 6039         (3) The Department of Law Enforcement and local law
 6040  enforcement agencies shall have concurrent jurisdiction to
 6041  investigate criminal violations of this chapter and may
 6042  investigate any other criminal violation of law occurring at the
 6043  facilities of a slot machine licensee., and Such investigations
 6044  may be conducted in conjunction with the appropriate state
 6045  attorney.
 6046         (4)(a) The department division, the Department of Law
 6047  Enforcement, and local law enforcement agencies shall have
 6048  unrestricted access to the slot machine licensee’s facility at
 6049  all times and shall require of each slot machine licensee strict
 6050  compliance with the laws of this state relating to the
 6051  transaction of such business. The department division, the
 6052  Department of Law Enforcement, and local law enforcement
 6053  agencies may:
 6054         1. Inspect and examine premises where slot machines are
 6055  offered for play.
 6056         2. Inspect slot machines and related equipment and
 6057  supplies.
 6058         (b) In addition, The department division may:
 6059         1. Collect taxes, assessments, fees, and penalties.
 6060         2. Deny, revoke, suspend, or place conditions on the
 6061  license of a person who violates any provision of this chapter
 6062  or a rule adopted pursuant to this chapter thereto.
 6063         (5) The department division shall revoke or suspend the
 6064  license of a any person who is no longer qualified or who is
 6065  found, after receiving a license, to have been unqualified at
 6066  the time of application for the license.
 6067         (6) This section does not:
 6068         (a) Prohibit the Department of Law Enforcement or a any law
 6069  enforcement authority whose jurisdiction includes a licensed
 6070  facility from conducting investigations of criminal activities
 6071  occurring at the facility of the slot machine licensee;
 6072         (b) Restrict access to the slot machine licensee’s facility
 6073  by the Department of Law Enforcement or a any local law
 6074  enforcement authority whose jurisdiction includes the slot
 6075  machine licensee’s facility; or
 6076         (c) Restrict access by the Department of Law Enforcement or
 6077  local law enforcement authorities to information and records
 6078  necessary to the investigation of criminal activity that are
 6079  contained within the slot machine licensee’s facility.
 6080         Section 87. Section 551.104, Florida Statutes, is amended
 6081  to read:
 6082         551.104 License to conduct slot machine gaming.—
 6083         (1) Upon application and payment of the initial license fee
 6084  and a finding by the department division after investigation
 6085  that the application is complete and the applicant is qualified
 6086  and payment of the initial license fee, the department division
 6087  may issue a license to conduct slot machine gaming in the
 6088  designated slot machine gaming area of the eligible facility.
 6089  Once licensed, slot machine gaming may be conducted subject to
 6090  the requirements of this chapter and the rules adopted pursuant
 6091  to this chapter thereto.
 6092         (2) An application may be approved by the department
 6093  division only after the voters of the county where the
 6094  applicant’s facility is located have authorized by referendum
 6095  slot machines within pari-mutuel facilities in that county as
 6096  specified in s. 23, Art. X of the State Constitution.
 6097         (3) A slot machine license may be issued only to a licensed
 6098  pari-mutuel permitholder, and slot machine gaming may be
 6099  conducted only at the eligible facility at which the
 6100  permitholder is authorized under its valid pari-mutuel wagering
 6101  permit to conduct pari-mutuel wagering activities.
 6102         (4) As a condition of licensure and to maintain continued
 6103  authority to for the conduct of slot machine gaming, the slot
 6104  machine licensee must shall:
 6105         (a) Continue to be in compliance with this chapter.
 6106         (b) Continue to be in compliance with chapter 550, where
 6107  applicable, and Maintain the pari-mutuel permit and license in
 6108  good standing pursuant to this chapter the provisions of chapter
 6109  550. Notwithstanding any contrary provision of law and in order
 6110  to expedite the operation of slot machines at eligible
 6111  facilities, any eligible facility shall be entitled within 60
 6112  days after the effective date of this act to amend its 2006-2007
 6113  pari-mutuel wagering operating license issued by the division
 6114  under ss. 550.0115 and 550.01215. The division shall issue a new
 6115  license to the eligible facility to effectuate any approved
 6116  change.
 6117         (c) Conduct at least no fewer than a full schedule of live
 6118  racing or games as defined in s. 551.012 s. 550.002(11). A
 6119  permitholder’s responsibility to conduct such number of live
 6120  races or games shall be reduced by the number of races or games
 6121  that could not be conducted due to the direct result of fire,
 6122  war, hurricane, or other disaster or event beyond the control of
 6123  the permitholder.
 6124         (d) Upon approval of a change any changes relating to the
 6125  pari-mutuel permit by the department division, be responsible
 6126  for providing appropriate current and accurate documentation on
 6127  a timely basis to the department division in order to continue
 6128  the slot machine license in good standing. Changes in ownership
 6129  or interest of a slot machine license of 5 percent or more of
 6130  the stock or other evidence of ownership or equity in the slot
 6131  machine license or any parent corporation or other business
 6132  entity that in any way owns or controls the slot machine license
 6133  shall be approved by the department before division prior to
 6134  such change, unless the owner is an existing holder of that
 6135  license who was previously approved by the department division.
 6136  Changes in ownership or interest of a slot machine license of
 6137  less than 5 percent, unless such change results in a cumulative
 6138  total change of 5 percent or more, shall be reported to the
 6139  department division within 20 days after such the change. The
 6140  department division may then conduct an investigation to ensure
 6141  that the license is properly updated to show the change in
 6142  ownership or interest. No Reporting is not required if the
 6143  person holds is holding 5 percent or less equity or securities
 6144  of a corporate owner of the slot machine licensee that has its
 6145  securities registered pursuant to s. 12 of the Securities
 6146  Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and if such
 6147  corporation or entity files with the United States Securities
 6148  and Exchange Commission the reports required by s. 13 of that
 6149  act or if the securities of the corporation or entity are
 6150  regularly traded on an established securities market in the
 6151  United States. A change in ownership or interest of less than 5
 6152  percent which results in a cumulative ownership or interest of 5
 6153  percent or more shall be approved by the department before
 6154  division prior to such change unless the owner is an existing
 6155  holder of the license who was previously approved by the
 6156  department division.
 6157         (e) Allow the department division and the Department of Law
 6158  Enforcement unrestricted access to and right of inspection of
 6159  facilities of a slot machine licensee in which an any activity
 6160  relative to the conduct of slot machine gaming is conducted.
 6161         (f) Ensure that the facilities-based computer system that
 6162  the licensee will use for operational and accounting functions
 6163  of the slot machine facility is specifically structured to
 6164  facilitate regulatory oversight. The facilities-based computer
 6165  system must shall be designed to provide the department division
 6166  and the Department of Law Enforcement with the ability to
 6167  monitor, at any time on a real-time basis, the wagering
 6168  patterns, payouts, tax collection, and such other operations as
 6169  necessary to determine whether the facility is in compliance
 6170  with this chapter statutory provisions and rules adopted by the
 6171  department pursuant to this chapter division for the regulation
 6172  and control of slot machine gaming. The department division and
 6173  the Department of Law Enforcement shall have complete and
 6174  continuous access to the this system. Such access shall include
 6175  the ability of either the department division or the Department
 6176  of Law Enforcement to suspend play immediately on particular
 6177  slot machines if monitoring of the system indicates possible
 6178  tampering or manipulation of those slot machines or the ability
 6179  to suspend play immediately of the entire operation if the
 6180  tampering or manipulation is of the computer system itself. The
 6181  computer system shall be reviewed and approved by the department
 6182  division to ensure necessary access, security, and
 6183  functionality. The department division may adopt rules to
 6184  provide for the approval process.
 6185         (g) Ensure that each slot machine is protected from
 6186  manipulation or tampering to affect the random probabilities of
 6187  winning plays. The department division or the Department of Law
 6188  Enforcement may shall have the authority to suspend play upon
 6189  reasonable suspicion of any manipulation or tampering. When play
 6190  has been suspended on a any slot machine, the department
 6191  division or the Department of Law Enforcement may examine the
 6192  any slot machine to determine whether the machine has been
 6193  tampered with or manipulated and whether the machine should be
 6194  returned to operation.
 6195         (h) Submit a security plan, including the facilities’ floor
 6196  plans plan, the locations of security cameras, and a listing of
 6197  all security equipment that is capable of observing and
 6198  electronically recording activities being conducted in the
 6199  facilities of the slot machine licensee. The security plan must
 6200  meet the minimum security requirements as determined by the
 6201  department division under s. 551.103(1)(i) and be implemented
 6202  before prior to operation of slot machine gaming. The slot
 6203  machine licensee’s facilities must adhere to the security plan
 6204  at all times. Any changes to the security plan must be submitted
 6205  by the licensee to the department before division prior to
 6206  implementation. The department division shall furnish copies of
 6207  the security plan and changes in the plan to the Department of
 6208  Law Enforcement.
 6209         (i) Create and file with the department division a written
 6210  policy for:
 6211         1. Creating opportunities to purchase from vendors in this
 6212  state, including minority vendors.
 6213         2. Creating opportunities for employment of residents of
 6214  this state, including minority residents.
 6215         3. Ensuring opportunities for construction services from
 6216  minority contractors.
 6217         4. Ensuring that opportunities for employment are offered
 6218  on an equal, nondiscriminatory basis.
 6219         5. Training for employees on responsible gaming and on a
 6220  prevention program for working with a compulsive or addictive
 6221  gambling prevention program to further its purposes as provided
 6222  for in s. 551.118.
 6223         6. Implementing The implementation of a drug-testing
 6224  program that includes, but is not limited to, requiring each
 6225  employee to sign an agreement that he or she understands that
 6226  the slot machine facility is a drug-free workplace.
 6227  
 6228  The slot machine licensee shall
 6229         (j) Use the Internet-based job-listing system of the
 6230  Department of Economic Opportunity to advertise in advertising
 6231  employment opportunities.
 6232         (k)Beginning in June 2007, each slot machine licensee
 6233  shall Provide an annual report to the department division
 6234  containing information indicating compliance with this paragraph
 6235  (i) in regard to minority persons.
 6236         (l)(j) Ensure that the payout percentage of a slot machine
 6237  gaming facility is at least 85 percent.
 6238         (5) A slot machine license is not transferable.
 6239         (6) A slot machine licensee shall keep and maintain
 6240  permanent daily records of its slot machine operation and shall
 6241  maintain such records for a period of at least not less than 5
 6242  years. These records must include all financial transactions and
 6243  contain sufficient detail to determine compliance with the
 6244  requirements of this chapter. All records must shall be
 6245  available during the licensee’s regular business hours for audit
 6246  and inspection by the department division, the Department of Law
 6247  Enforcement, or other law enforcement agencies during the
 6248  licensee’s regular business hours.
 6249         (7) A slot machine licensee shall file with the department
 6250  division a monthly report containing the required records of
 6251  such slot machine operation. The required reports shall be
 6252  submitted on forms prescribed by the department division and are
 6253  shall be due at the same time as the monthly pari-mutuel reports
 6254  are due to the department. division, and The reports become
 6255  shall be deemed public records when once filed.
 6256         (8) A slot machine licensee shall file with the department
 6257  division an audit of the receipt and distribution of all slot
 6258  machine revenues provided by an independent certified public
 6259  accountant verifying compliance with all financial and auditing
 6260  provisions of this chapter and the associated rules adopted
 6261  under this chapter. The audit must include verification of
 6262  compliance with all statutes and rules regarding all required
 6263  records of slot machine operations. The Such audit shall be
 6264  filed within 60 days after the completion of the permitholder’s
 6265  pari-mutuel meet.
 6266         (9) The department division may share any information with
 6267  the Department of Law Enforcement, any other law enforcement
 6268  agency having jurisdiction over slot machine gaming or pari
 6269  mutuel activities, or any other state or federal law enforcement
 6270  agency the department division or the Department of Law
 6271  Enforcement deems appropriate. A Any law enforcement agency
 6272  having jurisdiction over slot machine gaming or pari-mutuel
 6273  activities may share any information obtained or developed by it
 6274  with the department division.
 6275         (10)(a)1. A No slot machine license or renewal license may
 6276  not thereof shall be issued to an applicant holding a permit
 6277  under part II of chapter 551 chapter 550 to conduct pari-mutuel
 6278  wagering meets of thoroughbred racing unless the applicant has
 6279  on file with the department division a binding written agreement
 6280  between the applicant and the Florida Horsemen’s Benevolent and
 6281  Protective Association, Inc., governing the payment of purses on
 6282  live thoroughbred races conducted at the licensee’s pari-mutuel
 6283  facility. In addition, a no slot machine license or renewal
 6284  license may not thereof shall be issued to such an applicant
 6285  unless the applicant has on file with the department division a
 6286  binding written agreement between the applicant and the Florida
 6287  Thoroughbred Breeders’ Association, Inc., governing the payment
 6288  of breeder breeders, stallion, and special racing awards on
 6289  live thoroughbred races conducted at the licensee’s pari-mutuel
 6290  facility. The agreement governing purses and the agreement
 6291  governing awards may direct the payment of such purses and
 6292  awards from revenues generated by any wagering or gaming the
 6293  applicant is authorized to conduct under Florida law. All purses
 6294  and awards are shall be subject to part II of chapter 551 the
 6295  terms of chapter 550. All sums for breeder breeders, stallion,
 6296  and special racing awards shall be remitted monthly to the
 6297  Florida Thoroughbred Breeders’ Association, Inc., for the
 6298  payment of awards subject to the administrative fee authorized
 6299  under s. 551.0523(2) in s. 550.2625(3).
 6300         2. A No slot machine license or renewal license may not
 6301  thereof shall be issued to an applicant holding a permit under
 6302  part II of chapter 551 chapter 550 to conduct pari-mutuel
 6303  wagering meets of quarter horse racing unless the applicant has
 6304  on file with the department division a binding written agreement
 6305  between the applicant and the Florida Quarter Horse Racing
 6306  Association or the association representing a majority of the
 6307  horse owners and trainers at the applicant’s eligible facility,
 6308  governing the payment of purses on live quarter horse races
 6309  conducted at the licensee’s pari-mutuel facility. The agreement
 6310  governing purses may direct the payment of such purses from
 6311  revenues generated by any wagering or gaming the applicant is
 6312  authorized to conduct under Florida law. All purses are shall be
 6313  subject to part II of chapter 551 the terms of chapter 550.
 6314         (b) The department division shall suspend a slot machine
 6315  license if one or more of the agreements required under
 6316  paragraph (a) are terminated or otherwise cease to operate or if
 6317  the department division determines that the licensee is
 6318  materially failing to comply with the terms of such an
 6319  agreement. Any Such suspension shall take place pursuant to in
 6320  accordance with chapter 120.
 6321         (c)1. If an agreement required under paragraph (a) cannot
 6322  be reached before prior to the initial issuance of the slot
 6323  machine license, either party may request arbitration or, in the
 6324  case of a renewal, if an agreement required under paragraph (a)
 6325  is not in place 120 days before prior to the scheduled
 6326  expiration date of the slot machine license, the applicant shall
 6327  immediately ask the American Arbitration Association to furnish
 6328  a list of 11 arbitrators, each of whom shall have at least 5
 6329  years of commercial arbitration experience and no financial
 6330  interest in or prior relationship with any of the parties or
 6331  their affiliated or related entities or principals. Each
 6332  required party to the agreement shall select a single arbitrator
 6333  from the list provided by the American Arbitration Association
 6334  within 10 days after of receipt, and the individuals so selected
 6335  shall choose one additional arbitrator from the list within the
 6336  next 10 days.
 6337         2. If an agreement required under paragraph (a) is not in
 6338  place 60 days after the request under subparagraph 1. in the
 6339  case of an initial slot machine license or, in the case of a
 6340  renewal, 60 days before prior to the scheduled expiration date
 6341  of the slot machine license, the matter shall be immediately
 6342  submitted to mandatory binding arbitration to resolve the
 6343  disagreement between the parties. The three arbitrators selected
 6344  pursuant to subparagraph 1. shall constitute the panel that
 6345  shall arbitrate the dispute between the parties pursuant to the
 6346  American Arbitration Association Commercial Arbitration Rules
 6347  and chapter 682.
 6348         3. At the conclusion of the proceedings, which shall be no
 6349  later than 90 days after the request under subparagraph 1. in
 6350  the case of an initial slot machine license or, in the case of a
 6351  renewal, 30 days before prior to the scheduled expiration date
 6352  of the slot machine license, the arbitration panel shall present
 6353  to the parties a proposed agreement that the majority of the
 6354  panel believes equitably balances the rights, interests,
 6355  obligations, and reasonable expectations of the parties. The
 6356  parties shall immediately enter into such agreement, which shall
 6357  satisfy the requirements of paragraph (a) and permit issuance of
 6358  the pending annual slot machine license or renewal. The
 6359  agreement produced by the arbitration panel under this
 6360  subparagraph shall be effective until the last day of the
 6361  license or renewal period or until the parties enter into a
 6362  different agreement. Each party shall pay its respective costs
 6363  of arbitration and shall pay one-half of the costs of the
 6364  arbitration panel, unless the parties otherwise agree. If the
 6365  agreement produced by the arbitration panel under this
 6366  subparagraph remains in place 120 days before prior to the
 6367  scheduled issuance of the next annual license renewal, then the
 6368  arbitration process established in this paragraph will begin
 6369  again.
 6370         4. If In the event that neither of the agreements required
 6371  under subparagraph (a)1. or the agreement required under
 6372  subparagraph (a)2. are in place by the deadlines established in
 6373  this paragraph, arbitration regarding each agreement will
 6374  proceed independently, with separate lists of arbitrators,
 6375  arbitration panels, arbitration proceedings, and resulting
 6376  agreements.
 6377         5. With respect to the agreements required under paragraph
 6378  (a) governing the payment of purses, the arbitration and
 6379  resulting agreement called for under this paragraph shall be
 6380  limited to the payment of purses from slot machine revenues
 6381  only.
 6382         (d) If a any provision of this subsection or its
 6383  application to a any person or circumstance is held invalid, the
 6384  invalidity does not affect other provisions or applications of
 6385  this subsection or chapter which can be given effect without the
 6386  invalid provision or application, and to this end the provisions
 6387  of this subsection are severable.
 6388         Section 88. Section 551.1045, Florida Statutes, is amended
 6389  to read:
 6390         551.1045 Temporary licenses.—
 6391         (1) Notwithstanding any provision of s. 120.60 to the
 6392  contrary, the division may issue a temporary occupational
 6393  license upon the receipt of a complete application from the
 6394  applicant and a determination that the applicant has not been
 6395  convicted of or had adjudication withheld on any disqualifying
 6396  criminal offense. The temporary occupational license remains
 6397  valid until such time as the division grants an occupational
 6398  license or notifies the applicant of its intended decision to
 6399  deny the applicant a license pursuant to the provisions of s.
 6400  120.60. The division shall adopt rules to administer this
 6401  subsection. However, not more than one temporary license may be
 6402  issued for any person in any year.
 6403         (2) A temporary license issued under this section is
 6404  nontransferable.
 6405         Section 89. Section 551.105, Florida Statutes, is amended
 6406  to read:
 6407         551.105 Slot machine license renewal.—
 6408         (1) Slot machine licenses are shall be effective for 1 year
 6409  after issuance and shall be renewed annually. The annual
 6410  application for renewal must contain all revisions to the
 6411  information submitted in the prior year’s application which that
 6412  are necessary to maintain such information as both accurate and
 6413  current.
 6414         (2) The applicant for renewal shall attest that a change in
 6415  any information does changes do not affect the applicant’s
 6416  qualifications for license renewal.
 6417         (3) Upon determination by the department division that the
 6418  application for renewal is complete and qualifications have been
 6419  met, including payment of the renewal fee, the slot machine
 6420  license shall be renewed annually.
 6421         Section 90. Section 551.106, Florida Statutes, is amended
 6422  to read:
 6423         551.106 License fee; tax rate; penalties.—
 6424         (1) LICENSE FEE.—
 6425         (a) Upon submission of the initial application for a slot
 6426  machine license and annually thereafter, on the anniversary date
 6427  of the issuance of the initial license, the licensee shall must
 6428  pay to the department division a nonrefundable license fee of $3
 6429  million for the succeeding 12 months of licensure. On the first
 6430  annual anniversary date In the 2010-2011 fiscal year, the
 6431  licensee must pay the department division a nonrefundable
 6432  license fee of $2.5 million for the succeeding 12 months of
 6433  licensure. On the second annual anniversary date In the 2011
 6434  2012 fiscal year and for every fiscal year thereafter, the
 6435  licensee must pay the department division a nonrefundable
 6436  license fee of $2 million for the succeeding 12 months of
 6437  licensure. The license fee shall be deposited into the Gaming
 6438  Control Pari-mutuel Wagering Trust Fund of the department of
 6439  Gaming Control and Business and Professional Regulation to be
 6440  used by the department division and the Department of Law
 6441  Enforcement for investigations, regulation of slot machine
 6442  gaming, and enforcement of slot machine gaming provisions under
 6443  this chapter. The These payments shall be accounted for
 6444  separately from taxes or fees paid pursuant to part II of
 6445  chapter 551 the provisions of chapter 550.
 6446         (b) Prior to January 1, 2007, The department division shall
 6447  biennially evaluate the license fee and shall make
 6448  recommendations to the President of the Senate and the Speaker
 6449  of the House of Representatives regarding the optimum level of
 6450  slot machine license fees necessary to in order to adequately
 6451  support the slot machine regulatory program.
 6452         (2) TAX ON SLOT MACHINE REVENUES.—
 6453         (a) Rate of tax.Each facility shall be taxed at a rate of
 6454  The tax rate on slot machine revenues at each facility shall be
 6455  35 percent of slot machine revenues. If, during a any state
 6456  fiscal year, the aggregate amount of tax paid to the state by
 6457  all slot machine licensees in Broward and Miami-Dade Counties is
 6458  less than the aggregate amount of tax paid to the state by all
 6459  slot machine licensees in the 2008-2009 fiscal year, each slot
 6460  machine licensee shall pay to the state within 45 days after the
 6461  end of the state fiscal year a surcharge equal to its pro rata
 6462  share of an amount equal to the difference between the aggregate
 6463  amount of tax paid to the state by all slot machine licensees in
 6464  the 2008-2009 fiscal year and the amount of tax paid during the
 6465  fiscal year. Each licensee’s pro rata share shall be an amount
 6466  determined by dividing the number 1 by the number of facilities
 6467  licensed to operate slot machines during the applicable fiscal
 6468  year, regardless of whether the facility is operating such
 6469  machines.
 6470         (b) Disposition.The slot machine revenue tax imposed by
 6471  this section shall be paid by the slot machine licensee to the
 6472  department division for deposit into the Gaming Control Pari
 6473  mutuel Wagering Trust Fund of the department and immediately
 6474  transferred for immediate transfer by the Chief Financial
 6475  Officer for deposit into the Educational Enhancement Trust Fund
 6476  of the Department of Education. Any Interest earnings on the tax
 6477  revenues shall also be transferred to the Educational
 6478  Enhancement Trust Fund.
 6479         (c) Use of revenues.
 6480         1. Funds transferred to the Educational Enhancement Trust
 6481  Fund under paragraph (b) shall be used to supplement public
 6482  education funding statewide.
 6483         2. If necessary to comply with a any covenant established
 6484  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 6485  funds transferred to the Educational Enhancement Trust Fund
 6486  under paragraph (b) shall first be available to pay debt service
 6487  on lottery bonds issued to fund school construction in the event
 6488  lottery revenues are insufficient for such purpose or to satisfy
 6489  debt service reserve requirements established in connection with
 6490  lottery bonds. Moneys available pursuant to this subparagraph
 6491  are subject to annual appropriation by the Legislature.
 6492         (d)(3)Payment of taxes.PAYMENT AND DISPOSITION OF TAXES.
 6493  Payment for the tax on slot machine revenues imposed by this
 6494  section shall be paid to the division. The division shall
 6495  deposit these sums with the Chief Financial Officer, to the
 6496  credit of the Pari-mutuel Wagering Trust Fund. The slot machine
 6497  licensee shall pay remit to the division payment for the tax on
 6498  slot machine revenues. Such payments shall be remitted by 3 p.m.
 6499  Wednesday of each week for taxes imposed and collected for the
 6500  preceding week ending on Sunday. Beginning on July 1, 2012, the
 6501  slot machine licensee shall remit to the division payment for
 6502  the tax on slot machine revenues by 3 p.m. on the 5th day of
 6503  each calendar month for taxes imposed and collected for the
 6504  preceding calendar month. If the 5th day of the calendar month
 6505  falls on a weekend, payments shall be remitted by 3 p.m. the
 6506  first Monday following the weekend. The slot machine licensee
 6507  shall file a report under oath by the 5th day of each calendar
 6508  month for all taxes remitted during the preceding calendar
 6509  month. Such payments shall be accompanied by a report under oath
 6510  showing all slot machine gaming activities for the preceding
 6511  calendar month and such other information as may be prescribed
 6512  by the department division.
 6513         (e)(4)Failure to pay tax; penalties.TO PAY TAX;
 6514  PENALTIES.—A slot machine licensee who fails to make tax
 6515  payments as required under this section is subject to an
 6516  administrative penalty of up to $10,000 for each day the tax
 6517  payment is not remitted. All administrative penalties imposed
 6518  and collected shall be deposited into the Gaming Control Pari
 6519  mutuel Wagering Trust Fund of the department of Business and
 6520  Professional Regulation. If a any slot machine licensee fails to
 6521  pay penalties imposed by order of the department division under
 6522  this paragraph subsection, the department division may suspend,
 6523  revoke, or refuse to renew the license of the slot machine
 6524  licensee.
 6525         (3)(5) SUBMISSION OF FUNDS.—The department division may
 6526  require slot machine licensees to remit taxes, fees, fines, and
 6527  assessments by electronic funds transfer.
 6528         Section 91. Section 551.108, Florida Statutes, is amended
 6529  to read:
 6530         551.108 Prohibited relationships.—
 6531         (1) A person employed by or performing a any function on
 6532  behalf of the department division may not:
 6533         (a) Be an officer, director, owner, or employee of a any
 6534  person or entity licensed by the department division.
 6535         (b) Have or hold a direct or indirect any interest, direct
 6536  or indirect, in, or engage in a any commerce or business
 6537  relationship with, a any person licensed by the department
 6538  division.
 6539         (2) A manufacturer or distributor of slot machines may not
 6540  enter into a any contract with a slot machine licensee which
 6541  that provides for any revenue sharing of any kind or nature that
 6542  is directly or indirectly calculated on the basis of a
 6543  percentage of slot machine revenues. A Any maneuver, shift, or
 6544  device that violates this subsection whereby this subsection is
 6545  violated is a violation of this chapter and renders any such
 6546  agreement void.
 6547         (3) A manufacturer or distributor of slot machines or any
 6548  equipment necessary for the operation of slot machines or an
 6549  officer, a director, or an employee of any such manufacturer or
 6550  distributor may not have an any ownership or financial interest
 6551  in a slot machine license or in a any business owned by the slot
 6552  machine licensee.
 6553         (4) An employee of the department division or relative
 6554  living in the same household as such employee of the department
 6555  division may not wager at any time on a slot machine located at
 6556  a facility licensed by the department division.
 6557         (5) An occupational licensee or a relative of such licensee
 6558  who lives living in the same household as such occupational
 6559  licensee may not wager at any time on a slot machine located at
 6560  a facility where the licensee that person is employed.
 6561         Section 92. Section 551.109, Florida Statutes, is amended
 6562  to read:
 6563         551.109 Prohibited acts; penalties.—
 6564         (1) Except as otherwise provided by law, and in addition to
 6565  any other penalty, a any person who knowingly makes or causes to
 6566  be made, or who aids, assists, or procures another to make, a
 6567  false statement in a any report, a disclosure, an application,
 6568  or any other document required under this chapter or applicable
 6569  any rule adopted under this chapter is subject to an
 6570  administrative fine or civil penalty of up to $10,000.
 6571         (2) Except as otherwise provided by law, and in addition to
 6572  any other penalty, a any person who possesses a slot machine
 6573  without the license required under by this chapter or who
 6574  possesses a slot machine at a any location other than at the
 6575  slot machine licensee’s facility is subject to an administrative
 6576  fine or civil penalty of up to $10,000 per machine. The
 6577  prohibition in this subsection does not apply to:
 6578         (a) Slot machine manufacturers or slot machine distributors
 6579  that hold appropriate licenses issued by the department and that
 6580  division who are authorized to maintain a slot machine storage
 6581  and maintenance facility at a any location in a county in which
 6582  slot machine gaming is authorized by this chapter. The
 6583  department division may adopt rules regarding security and
 6584  access to the storage facility and inspections by the department
 6585  division.
 6586         (b) Certified educational facilities that are authorized to
 6587  maintain slot machines for the sole purpose of education and
 6588  licensure, if any, of slot machine technicians, inspectors, or
 6589  investigators. The department division and the Department of Law
 6590  Enforcement may possess slot machines for training and testing
 6591  purposes. The department division may adopt rules regarding the
 6592  regulation of any such slot machines used for educational,
 6593  training, or testing purposes.
 6594         (3) A Any person who knowingly excludes, or attempts takes
 6595  any action in an attempt to exclude, anything of value from the
 6596  deposit, counting, collection, or computation of revenues from
 6597  slot machine activity, or a any person who by trick, sleight-of
 6598  hand performance, a fraud or fraudulent scheme, or device wins
 6599  or attempts to win, for himself, or herself, or for another,
 6600  money or property or a combination thereof or reduces or
 6601  attempts to reduce a losing wager in connection with slot
 6602  machine gaming commits a felony of the third degree, punishable
 6603  as provided in s. 775.082, s. 775.083, or s. 775.084.
 6604         (4) A Any person who manipulates or attempts to manipulate
 6605  the outcome, payoff, or operation of a slot machine by physical
 6606  tampering or by use of an any object, an instrument, or a
 6607  device, whether mechanical, electrical, magnetic, or involving
 6608  other means, commits a felony of the third degree, punishable as
 6609  provided in s. 775.082, s. 775.083, or s. 775.084.
 6610         (5) Theft of any slot machine proceeds or of property
 6611  belonging to a the slot machine operator or a licensed facility
 6612  by an employee of the operator or facility or by an employee of
 6613  a person, firm, or entity that has contracted to provide
 6614  services to the operator or facility is constitutes a felony of
 6615  the third degree, punishable as provided in s. 775.082 or s.
 6616  775.083.
 6617         (6)(a) A Any law enforcement officer or slot machine
 6618  operator who has probable cause to believe that a violation of
 6619  subsection (3), subsection (4), or subsection (5) has been
 6620  committed by a person and that he or she the officer or operator
 6621  can recover the lost proceeds from such activity by taking the
 6622  person who committed the violation into custody may, for the
 6623  purpose of attempting to effect such recovery or for
 6624  prosecution, may take the person into custody on the premises
 6625  and detain the person in a reasonable manner and for a
 6626  reasonable period of time. If the operator takes the person into
 6627  custody, a law enforcement officer shall be called to the scene
 6628  immediately. The act of taking into custody and detention by a
 6629  law enforcement officer or slot machine operator, if done in
 6630  compliance with this subsection, does not render such law
 6631  enforcement officer, or the officer’s agency, or the slot
 6632  machine operator criminally or civilly liable for false arrest,
 6633  false imprisonment, or unlawful detention.
 6634         (b) A Any law enforcement officer may arrest, either on or
 6635  off the premises and without warrant, a any person if there is
 6636  probable cause to believe that person has violated subsection
 6637  (3), subsection (4), or subsection (5).
 6638         (c) A Any person who resists the reasonable effort of a law
 6639  enforcement officer or slot machine operator to recover the lost
 6640  slot machine proceeds that the law enforcement officer or slot
 6641  machine operator had probable cause to believe had been stolen
 6642  from the licensed facility and who is subsequently found to be
 6643  guilty of violating subsection (3), subsection (4), or
 6644  subsection (5) commits a misdemeanor of the first degree,
 6645  punishable as provided in s. 775.082 or s. 775.083, unless such
 6646  person did not know or did not have reason to know that the
 6647  person seeking to recover the lost proceeds was a law
 6648  enforcement officer or slot machine operator.
 6649         (7) All penalties imposed and collected under this section
 6650  must be deposited into the Gaming Control Pari-mutuel Wagering
 6651  Trust Fund of the department of Business and Professional
 6652  Regulation.
 6653         Section 93. Section 551.111, Florida Statutes, is amended
 6654  to read:
 6655         551.111 Legal devices.—Notwithstanding a any provision of
 6656  law to the contrary, a slot machine manufactured, sold,
 6657  distributed, possessed, or operated according to the provisions
 6658  of this chapter is lawful not unlawful.
 6659         Section 94. Section 551.112, Florida Statutes, is amended
 6660  to read:
 6661         551.112 Exclusions of certain persons.—In addition to the
 6662  power to exclude certain persons from a any facility of a slot
 6663  machine licensee in this state, the department division may
 6664  exclude a any person from a any facility of a slot machine
 6665  licensee in this state for conduct that would constitute, if the
 6666  person were a licensee, a violation of this chapter or the rules
 6667  adopted thereto of the division. The department division may
 6668  exclude from a any facility of a slot machine licensee a any
 6669  person who has been ejected from a facility of a slot machine
 6670  licensee in this state or who has been excluded from a any
 6671  facility of a slot machine licensee or gaming facility in
 6672  another state by the governmental department, agency,
 6673  commission, or authority exercising regulatory jurisdiction over
 6674  the gaming in that such other state. This section does not
 6675  abrogate the common law right of a slot machine licensee to
 6676  exclude a patron absolutely in this state.
 6677         Section 95. Section 551.113, Florida Statutes, is amended
 6678  to read:
 6679         551.113 Persons prohibited from playing slot machines.—
 6680         (1) A person who has not attained 21 years of age may not
 6681  play or operate a slot machine or have access to the designated
 6682  slot machine gaming area of a facility of a slot machine
 6683  licensee.
 6684         (2) A slot machine licensee or an agent or employee of a
 6685  slot machine licensee may not knowingly allow a person who has
 6686  not attained 21 years of age:
 6687         (a) To play or operate a any slot machine.
 6688         (b) To be employed in a any position allowing or requiring
 6689  access to the designated slot machine gaming area of a facility
 6690  of a slot machine licensee.
 6691         (c) To have access to the designated slot machine gaming
 6692  area of a facility of a slot machine licensee.
 6693         (3) The licensed facility shall post clear and conspicuous
 6694  signage within the designated slot machine gaming areas that
 6695  states the following:
 6696  
 6697         THE PLAYING OF SLOT MACHINES BY PERSONS UNDER THE AGE
 6698         OF 21 IS AGAINST FLORIDA LAW (SECTION 551.113, FLORIDA
 6699         STATUTES). PROOF OF AGE MAY BE REQUIRED AT ANY TIME.
 6700         Section 96. Section 551.114, Florida Statutes, is amended
 6701  to read:
 6702         551.114 Slot machine gaming areas.—
 6703         (1) A slot machine licensee may make available for play up
 6704  to 2,000 slot machines within the property of the facilities of
 6705  the slot machine licensee.
 6706         (2) The slot machine licensee shall display pari-mutuel
 6707  races or games within the designated slot machine gaming areas
 6708  and offer patrons within the designated slot machine gaming
 6709  areas the ability to engage in pari-mutuel wagering on live,
 6710  intertrack, and simulcast races conducted or offered to patrons
 6711  of the licensed facility.
 6712         (3) The department division shall require the posting of
 6713  signs warning of the risks and dangers of gambling, showing the
 6714  odds of winning, and informing patrons of the toll-free
 6715  telephone number available to provide information and referral
 6716  services regarding compulsive or problem gambling.
 6717         (4) Designated slot machine gaming areas may be located
 6718  within the current live gaming facility or in an existing
 6719  building, which that must be contiguous and connected to the
 6720  live gaming facility. If a designated slot machine gaming area
 6721  is to be located in a building that is to be constructed, the
 6722  that new building must be contiguous and connected to the live
 6723  gaming facility.
 6724         (5) The permitholder shall provide adequate office space at
 6725  no cost to the department division and the Department of Law
 6726  Enforcement for the oversight of slot machine operations. The
 6727  department division shall adopt rules establishing the criteria
 6728  for adequate space, configuration, and location and needed
 6729  electronic and technological requirements for office space
 6730  required under by this subsection.
 6731         Section 97. Section 551.116, Florida Statutes, is amended
 6732  to read:
 6733         551.116 Days and hours of operation.—Slot machine gaming
 6734  areas may be open daily throughout the year. The slot machine
 6735  gaming areas may be open a cumulative amount of 18 hours per day
 6736  on Monday through Friday and 24 hours per day on Saturday and
 6737  Sunday and on those holidays specified in s. 110.117(1).
 6738         Section 98. Section 551.117, Florida Statutes, is amended
 6739  to read:
 6740         551.117 Penalties.—The department division may revoke or
 6741  suspend a any slot machine license issued under this chapter
 6742  upon the willful violation by the slot machine licensee of any
 6743  provision of this chapter or of any rule adopted thereto under
 6744  this chapter. In lieu of suspending or revoking a slot machine
 6745  license, the department division may impose a civil penalty
 6746  against the slot machine licensee for a violation of this
 6747  chapter or any rule adopted thereto by the division. Except as
 6748  otherwise provided in this chapter, the penalty so imposed may
 6749  not exceed $100,000 for each count or separate offense. All
 6750  Penalties imposed and collected must be deposited into the
 6751  Gaming Control Pari-mutuel Wagering Trust Fund of the department
 6752  of Business and Professional Regulation.
 6753         Section 99. Section 551.118, Florida Statutes, is amended
 6754  to read:
 6755         551.118 Compulsive or addictive gambling prevention
 6756  program.—
 6757         (1) The slot machine licensee shall offer training to
 6758  employees on responsible gaming and shall work with a compulsive
 6759  or addictive gambling prevention program to recognize problem
 6760  gaming situations and to implement responsible gaming programs
 6761  and practices.
 6762         (2) The department division shall, subject to competitive
 6763  bidding, contract for provision of services related to the
 6764  prevention of compulsive and addictive gambling. The contract
 6765  shall provide for an advertising program to encourage
 6766  responsible gaming practices and to publicize a gambling
 6767  telephone help line for compulsive and addictive gambling. Such
 6768  advertisements must be made both publicly and inside the
 6769  designated slot machine gaming areas of the licensee’s
 6770  facilities. The terms of a any contract for the provision of
 6771  such services must shall include accountability standards that
 6772  must be met by a any private provider. The failure of a any
 6773  private provider to meet a any material term terms of the
 6774  contract, including the accountability standards, is shall
 6775  constitute a breach of contract or grounds for nonrenewal. The
 6776  department division may consult with the Department of the
 6777  Lottery in the development of the program and the development
 6778  and analysis of the any procurement for contractual services for
 6779  the compulsive or addictive gambling prevention program.
 6780         (3) The compulsive or addictive gambling prevention program
 6781  shall be funded from an annual nonrefundable regulatory fee of
 6782  $250,000 paid by the licensee to the department division.
 6783         Section 100. Section 551.119, Florida Statutes, is amended
 6784  to read:
 6785         551.119 Caterer’s license.—A slot machine licensee is
 6786  entitled to a caterer’s license pursuant to s. 565.02 on days on
 6787  which the pari-mutuel facility is open to the public for slot
 6788  machine game play as authorized by this chapter.
 6789         Section 101. Section 551.121, Florida Statutes, is amended
 6790  to read:
 6791         551.121 Prohibited activities and devices; exceptions.—
 6792         (1) A complimentary or reduced-cost alcoholic beverage
 6793  beverages may not be served to a person persons playing a slot
 6794  machine. Alcoholic beverages served to a person persons playing
 6795  a slot machine must shall cost at least the same amount as
 6796  alcoholic beverages served to the general public at a bar within
 6797  the facility.
 6798         (2) A slot machine licensee may not make a any loan,
 6799  provide credit, or advance cash in order to enable a person to
 6800  play a slot machine. This subsection does shall not prohibit
 6801  automated ticket redemption machines that dispense cash
 6802  resulting from the redemption of tickets from being located in
 6803  the designated slot machine gaming area of the slot machine
 6804  licensee.
 6805         (3) A slot machine licensee may not allow an any automated
 6806  teller machine or similar device designed to provide credit or
 6807  dispense cash to be located within the designated slot machine
 6808  gaming areas of a facility of a slot machine licensee.
 6809         (4)(a) A slot machine licensee may not accept or cash a any
 6810  check from a any person within the designated slot machine
 6811  gaming areas of a facility of a slot machine licensee.
 6812         (b) Except as provided in paragraph (c) for employees of
 6813  the facility, a slot machine licensee or operator may shall not
 6814  accept or cash for a any person within the property of the
 6815  facility a any government-issued check, third-party check, or
 6816  payroll check made payable to an individual.
 6817         (c) Outside the designated slot machine gaming areas, a
 6818  slot machine licensee or operator may accept or cash a check for
 6819  an employee of the facility who is prohibited from wagering on a
 6820  slot machine under s. 551.108(5), a check made directly payable
 6821  to a person licensed by the department division, or a check made
 6822  directly payable to the slot machine licensee or operator from:
 6823         1. A pari-mutuel patron; or
 6824         2. A pari-mutuel facility in this state or in another
 6825  state.
 6826         (d) Unless accepting or cashing a check is prohibited under
 6827  by this subsection, nothing shall prohibit a slot machine
 6828  licensee or operator may accept and deposit from accepting and
 6829  depositing in its accounts checks received in the normal course
 6830  of business.
 6831         (5) A slot machine, or the computer operating system
 6832  linking the slot machine, may be linked by any means to another
 6833  any other slot machine or computer operating system within the
 6834  facility of a slot machine licensee. A progressive system may be
 6835  used in conjunction with slot machines between licensed
 6836  facilities in this state Florida or in other jurisdictions.
 6837         (6) A slot machine located within a licensed facility may
 6838  shall accept only tickets, or paper currency, or an electronic
 6839  payment system for wagering and must return or deliver payouts
 6840  to the player in the form of electronic credit or tickets that
 6841  may be exchanged for cash, merchandise, or other items of value.
 6842  The use of coins, credit or debit cards, tokens, or similar
 6843  objects is specifically prohibited. However, an electronic
 6844  credit system may be used for receiving wagers and making
 6845  payouts.
 6846         Section 102. Section 551.122, Florida Statutes, is amended
 6847  to read:
 6848         551.122 Rulemaking.—The department division may adopt rules
 6849  pursuant to ss. 120.536(1) and 120.54 to administer the
 6850  provisions of this chapter.
 6851         Section 103. Section 551.123, Florida Statutes, is amended
 6852  to read:
 6853         551.123 Legislative authority; administration of part
 6854  chapter.—The Legislature finds and declares that it has
 6855  exclusive authority over the conduct of all wagering occurring
 6856  at a slot machine facility in this state. As provided by law,
 6857  only the department Division of Pari-mutuel Wagering and other
 6858  authorized state agencies may shall administer this part chapter
 6859  and regulate the slot machine gaming industry, including
 6860  operation of slot machine facilities, games, slot machines, and
 6861  facilities-based computer systems authorized in this part
 6862  chapter and the rules adopted by the department division.
 6863         Section 104. Part IV of chapter 551, Florida Statutes,
 6864  consisting of section 551.20, is created and entitled
 6865  “Cardrooms.
 6866         Section 105. Section 849.086, Florida Statutes, is
 6867  transferred, renumbered as section 551.20, Florida Statutes,
 6868  reordered, and amended to read:
 6869         551.20 849.086 Cardrooms authorized.—
 6870         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 6871  to provide additional entertainment choices for the residents of
 6872  and visitors to this the state, promote tourism in the state,
 6873  and provide additional state revenues by authorizing through the
 6874  authorization of the playing of certain games in the state at
 6875  facilities known as cardrooms, which are to be located at
 6876  licensed pari-mutuel facilities in this state. This act is
 6877  intended to ensure the public confidence in the integrity of
 6878  authorized cardroom operations by, this act is designed to
 6879  strictly regulating regulate the facilities, persons, and
 6880  procedures related to cardroom operations. Further Furthermore,
 6881  the Legislature intends finds that, as defined in this section,
 6882  authorized games be deemed as herein defined are considered to
 6883  be pari-mutuel style games rather than and not casino gaming,
 6884  since because the participants play against each other instead
 6885  of against the house.
 6886         (2) DEFINITIONS.—As used in this section:
 6887         (a) “Authorized game” means a game or series of games of
 6888  poker or dominoes which are played in a nonbanking manner.
 6889         (b) “Banking game” means a game in which the house is a
 6890  participant in the game, taking on players, paying winners, and
 6891  collecting from losers, or in which the cardroom establishes a
 6892  bank against which participants play.
 6893         (c) “Cardroom” means a facility where authorized games are
 6894  played for money or anything of value and to which the public is
 6895  invited to participate in such games and charged a fee for
 6896  participation by the operator of such facility. Authorized games
 6897  and cardrooms are do not constitute casino gaming operations.
 6898         (d) “Cardroom management company” means a person that is
 6899  any individual not an employee of the cardroom operator but who
 6900  is a, any proprietorship, partnership, corporation, or other
 6901  entity that enters into an agreement with a cardroom operator to
 6902  manage, operate, or otherwise control the daily operation of a
 6903  cardroom.
 6904         (e) “Cardroom distributor” means a any business that
 6905  distributes cardroom equipment paraphernalia such as card
 6906  tables, betting chips, chip holders, dominoes, domino dominoes
 6907  tables, drop boxes, banking supplies, playing cards, card
 6908  shufflers, and other related associated equipment to authorized
 6909  cardrooms.
 6910         (f) “Cardroom operator” means a licensed pari-mutuel
 6911  permitholder that which holds a valid permit and license issued
 6912  by the department division pursuant to part II of chapter 551
 6913  and chapter 550 and which also holds a valid cardroom license
 6914  issued by the department division pursuant to this section which
 6915  authorize the permitholder authorizes such person to operate a
 6916  cardroom and to conduct authorized games in such cardroom.
 6917         (g) Department” “Division” means the Department of Gaming
 6918  Control Division of Pari-mutuel Wagering of the Department of
 6919  Business and Professional Regulation.
 6920         (h) “Dominoes” means a game of dominoes typically played
 6921  with a set of 28 flat rectangular blocks, called “bones,” which
 6922  are marked on one side and divided into two equal parts that are
 6923  blank or that each have up, with zero to six dots, called
 6924  “pips.” “pips,” in each part. The term also means the set of
 6925  blocks used to play the game and includes larger sets of blocks
 6926  that contain a correspondingly higher number of pips. The term
 6927  also means the set of blocks used to play the game.
 6928         (i) “Gross receipts” means the total amount of money
 6929  received by a cardroom from persons participating any person for
 6930  participation in authorized games. For purposes of tournament
 6931  play only, “gross receipts” means the total amount received by
 6932  the cardroom operator for all entry fees, player re-buys, and
 6933  fees for participating in the tournament, less the total amount
 6934  paid out in prizes.
 6935         (j) “House” means the cardroom operator and all employees
 6936  of the cardroom operator.
 6937         (k) “Net proceeds” means the total amount of gross receipts
 6938  received by a cardroom operator from cardroom operations less
 6939  direct operating expenses related to cardroom operations.,
 6940  including
 6941         1. Direct operating expenses include:
 6942         a.  Labor costs;,
 6943         b. Admission taxes only if a separate admission fee is
 6944  charged for entry to the cardroom facility;,
 6945         c. Gross receipts taxes imposed on cardroom operators by
 6946  this section;, the
 6947         d. Annual cardroom license fees imposed by this section on
 6948  each table operated at a cardroom;, and
 6949         e. Reasonable promotional costs. excluding
 6950         2. Direct operating expenses do not include:
 6951         a. Officer and director compensation;,
 6952         b. Interest on capital debt;,
 6953         c. Legal fees;,
 6954         d. Real estate taxes;,
 6955         e. Bad debts;,
 6956         f. Contributions or donations;, or
 6957         g. Overhead and depreciation expenses not directly related
 6958  to the operation of the cardrooms.
 6959         (l) “Rake” means a set fee or percentage of the pot
 6960  assessed by a cardroom operator for providing the services of a
 6961  dealer, table, or location for playing the authorized game.
 6962         (m) “Tournament” means a series of games that have more
 6963  than one betting round involving one or more tables and where
 6964  prizes the winners or others receive a prize or cash are awarded
 6965  award.
 6966         (3) CARDROOM AUTHORIZED.—Notwithstanding any other
 6967  provision of law, it is not a crime for a person may to
 6968  participate in a an authorized game at a licensed cardroom or to
 6969  operate a cardroom as defined described in this section if such
 6970  game and cardroom operation are conducted strictly in accordance
 6971  with the provisions of this section.
 6972         (4) AUTHORITY OF DEPARTMENT DIVISION.—
 6973         (a) The department division of Pari-mutuel Wagering of the
 6974  Department of Business and Professional Regulation shall
 6975  administer this section and may adopt rules pursuant thereto,
 6976  including, but not limited to, rules governing regulate the
 6977  operation of cardrooms under this section and the rules adopted
 6978  pursuant thereto, and is hereby authorized to:
 6979         (a) Adopt rules, including, but not limited to:
 6980         1. The issuance of cardroom and employee licenses for
 6981  cardroom operations;
 6982         2. The operation of a cardroom;
 6983         3. Recordkeeping and reporting requirements; and
 6984         4. The collection of all fees and taxes imposed by this
 6985  section.
 6986         (b) The department may do any of the following:
 6987         1. Conduct investigations and monitor the operation of
 6988  cardrooms and the playing of authorized games therein.
 6989         2.(c) Review the books, accounts, and records of a any
 6990  current or former cardroom operator.
 6991         3.(d) Suspend or revoke a any license or permit, after a
 6992  hearing, for a any violation of the provisions of this section
 6993  or the administrative rules adopted pursuant thereto.
 6994         4.(e) Take testimony, issue summons and subpoenas for a any
 6995  witness, and issue subpoenas duces tecum in connection with a
 6996  any matter within its jurisdiction.
 6997         5.(f) Monitor and ensure the proper collection of taxes and
 6998  fees imposed by this section. Permitholder internal controls are
 6999  mandated to ensure no compromise of state funds are not
 7000  compromised. To that end, a roaming department division auditor
 7001  must will monitor and verify the cash flow and accounting of
 7002  cardroom revenue for any given operating day.
 7003         (6)(5) LICENSE REQUIREMENTS REQUIRED; APPLICATION; FEES.—A
 7004  No person may not operate a cardroom in this state unless such
 7005  person holds a valid cardroom license issued by the department
 7006  pursuant to this section.
 7007         (a) Only those persons holding a valid cardroom license
 7008  issued by the division may operate a cardroom. A cardroom
 7009  license may only be issued to a licensed pari-mutuel
 7010  permitholder. Such permitholder may not operate a cardroom at a
 7011  facility other than the facility it and an authorized cardroom
 7012  may only be operated at the same facility at which the
 7013  permitholder is authorized to operate under its valid pari
 7014  mutuel wagering permit to conduct pari-mutuel wagering
 7015  activities. An initial cardroom license may not shall be issued
 7016  until the to a pari-mutuel permitholder completes construction
 7017  of only after its facilities are in place and after it conducts
 7018  its first day of live racing or games.
 7019         (b) After an the initial cardroom license is granted, the
 7020  application for the annual license renewal shall be made in
 7021  conjunction with the applicant’s annual application to renew for
 7022  its pari-mutuel license.
 7023         1. An applicant for renewal of a cardroom license must
 7024  demonstrate that it requested permission in its annual pari
 7025  mutuel license application to conduct at least 90 percent of the
 7026  total number of live performances conducted by such permitholder
 7027  during either the state fiscal year in which its initial
 7028  cardroom license was issued or the immediately preceding state
 7029  fiscal year if the permitholder ran at least a full schedule of
 7030  live racing or games in the prior year. However, if the
 7031  applicant for renewal is a harness racing permitholder, the
 7032  applicant must demonstrate that it requested permission in its
 7033  annual pari-mutuel license application to conduct a minimum of
 7034  140 live performances during the immediately preceding state
 7035  fiscal year. If the applicant for renewal is a greyhound racing
 7036  permitholder that requested permission in its annual pari-mutuel
 7037  license application to conduct at least a full schedule of live
 7038  racing, this subparagraph does not apply.
 7039         2.If A permitholder that has operated a cardroom during
 7040  any of the previous 3 previous fiscal years that and fails to
 7041  include a renewal request for the operation of the cardroom in
 7042  its annual license renewal application for license renewal, the
 7043  permitholder may amend its annual application to include
 7044  operation of the cardroom. In order for a cardroom license to be
 7045  renewed the applicant must have requested, as part of its pari
 7046  mutuel annual license application, to conduct at least 90
 7047  percent of the total number of live performances conducted by
 7048  such permitholder during either the state fiscal year in which
 7049  its initial cardroom license was issued or the state fiscal year
 7050  immediately prior thereto if the permitholder ran at least a
 7051  full schedule of live racing or games in the prior year. If the
 7052  application is for a harness permitholder cardroom, the
 7053  applicant must have requested authorization to conduct a minimum
 7054  of 140 live performances during the state fiscal year
 7055  immediately prior thereto.
 7056         3. If more than one pari-mutuel permitholder is operating
 7057  at a facility, each permitholder must have applied for a license
 7058  to conduct a full schedule of live racing.
 7059         (c) Application for an initial or renewal license to
 7060  operate a cardroom must be made Persons seeking a license or a
 7061  renewal thereof to operate a cardroom shall make application on
 7062  forms prescribed by the department and must division.
 7063  Applications for cardroom licenses shall contain all of the
 7064  information required by department rule the division, by rule,
 7065  may determine is required to ensure eligibility.
 7066         (d) The annual cardroom license fee for each facility is
 7067  shall be $1,000 for each table to be operated at the cardroom.
 7068  The license fee shall be paid to the department and deposited by
 7069  the division with the Chief Financial Officer to the credit of
 7070  the Gaming Control Pari-mutuel Wagering Trust Fund.
 7071         (e) The holder of a cardroom license is responsible for the
 7072  operation of the cardroom and for the conduct of any manager,
 7073  dealer, or other employee involved in the operation of the
 7074  cardroom. Before the issuance of a cardroom license, the
 7075  applicant for such license must provide evidence that it has
 7076  purchased a $50,000 surety bond, payable to the state, from a
 7077  corporate surety authorized to do business in this state or
 7078  evidence that the bond required under s. 551.034 has been
 7079  expanded to include the applicant’s cardroom operation. The bond
 7080  must guarantee that the cardroom operator will redeem, for cash,
 7081  all tokens or chips used in games. Such bond shall be kept in
 7082  full force and effect by the operator during the term of the
 7083  license.
 7084         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 7085  APPLICATION; FEES.—
 7086         (a) A person employed or otherwise working in a cardroom as
 7087  a cardroom manager, floor supervisor, pit boss, dealer, or any
 7088  other activity related to cardroom operations while the facility
 7089  is conducting card playing or games of dominoes must hold a
 7090  valid cardroom employee occupational license issued by the
 7091  division. Food service, maintenance, and security employees with
 7092  a current pari-mutuel occupational license and a current
 7093  background check will not be required to have a cardroom
 7094  employee occupational license.
 7095         (b) Any cardroom management company or cardroom distributor
 7096  associated with cardroom operations must hold a valid cardroom
 7097  business occupational license issued by the division.
 7098         (c) No licensed cardroom operator may employ or allow to
 7099  work in a cardroom any person unless such person holds a valid
 7100  occupational license. No licensed cardroom operator may
 7101  contract, or otherwise do business with, a business required to
 7102  hold a valid cardroom business occupational license, unless the
 7103  business holds such a valid license.
 7104         (d) The division shall establish, by rule, a schedule for
 7105  the renewal of cardroom occupational licenses. Cardroom
 7106  occupational licenses are not transferable.
 7107         (e) Persons seeking cardroom occupational licenses, or
 7108  renewal thereof, shall make application on forms prescribed by
 7109  the division. Applications for cardroom occupational licenses
 7110  shall contain all of the information the division, by rule, may
 7111  determine is required to ensure eligibility.
 7112         (f) The division shall adopt rules regarding cardroom
 7113  occupational licenses. The provisions specified in s.
 7114  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 7115  shall be applicable to cardroom occupational licenses.
 7116         (g) The division may deny, declare ineligible, or revoke
 7117  any cardroom occupational license if the applicant or holder
 7118  thereof has been found guilty or had adjudication withheld in
 7119  this state or any other state, or under the laws of the United
 7120  States of a felony or misdemeanor involving forgery, larceny,
 7121  extortion, conspiracy to defraud, or filing false reports to a
 7122  government agency, racing or gaming commission or authority.
 7123         (h) Fingerprints for all cardroom occupational license
 7124  applications shall be taken in a manner approved by the division
 7125  and then shall be submitted to the Florida Department of Law
 7126  Enforcement and the Federal Bureau of Investigation for a
 7127  criminal records check upon initial application and at least
 7128  every 5 years thereafter. The division may by rule require an
 7129  annual record check of all renewal applications for a cardroom
 7130  occupational license. The cost of processing fingerprints and
 7131  conducting a record check shall be borne by the applicant.
 7132         (i) The cardroom employee occupational license fee shall
 7133  not exceed $50 for any 12-month period. The cardroom business
 7134  occupational license fee shall not exceed $250 for any 12-month
 7135  period.
 7136         (8)(7) CONDITIONS FOR OPERATING A CARDROOM.—
 7137         (a) A cardroom may be operated only at the location
 7138  specified on the cardroom license issued by the department
 7139  division, which must and such location may only be the location
 7140  at which the pari-mutuel permitholder is authorized to conduct
 7141  pari-mutuel wagering activities pursuant to its such
 7142  permitholder’s valid pari-mutuel permit or as otherwise
 7143  authorized by law. Cardroom operations may not be allowed beyond
 7144  the hours provided in paragraph (b) regardless of the number of
 7145  cardroom licenses issued for permitholders operating at the
 7146  pari-mutuel facility.
 7147         (b) A licensed Any cardroom operator may operate a cardroom
 7148  at the pari-mutuel facility daily throughout the year, if the
 7149  permitholder meets the requirements under paragraph (5)(b). The
 7150  cardroom may be operated open a cumulative amount of 18
 7151  cumulative hours per day on Monday through Friday and 24 hours
 7152  per day on Saturday, and Sunday, and on the holidays specified
 7153  in s. 110.117(1). This limitation applies regardless of the
 7154  number of cardroom licenses issued for permitholders operating
 7155  at the pari-mutuel facility.
 7156         (c) A cardroom operator must at all times employ and
 7157  provide a nonplaying dealer for each table on which authorized
 7158  card games that which traditionally use a dealer are conducted
 7159  at the cardroom. A dealer Such dealers may not have a
 7160  participatory interest in a any game other than the dealing of
 7161  cards and may not have an interest in the outcome of the game.
 7162  The Providing of such dealers by a licensee does not constitute
 7163  the conducting of a banking game by the cardroom operator.
 7164         (d) A cardroom operator may award giveaways, jackpots, and
 7165  prizes to a player who holds certain combinations of cards
 7166  specified by the cardroom operator.
 7167         (e) Each cardroom operator shall conspicuously post upon
 7168  the premises of the cardroom a notice that which contains a copy
 7169  of the cardroom license; a list of authorized games offered by
 7170  the cardroom; the wagering limits imposed by the house, if any;
 7171  any additional house rules regarding operation of the cardroom
 7172  or the playing of any game; and all costs to players to
 7173  participate, including any rake by the house. In addition, Each
 7174  cardroom operator shall also conspicuously post at each table a
 7175  notice of the minimum and maximum bets authorized at such table
 7176  and the fee for participation in the game conducted.
 7177         (f) The cardroom facility may be inspected is subject to
 7178  inspection by the department division or any law enforcement
 7179  agency during the licensee’s regular business hours. The
 7180  inspection must specifically include a review of the pari-mutuel
 7181  permitholder internal control procedures approved by the
 7182  department division.
 7183         (g) A cardroom operator may refuse entry to a person or
 7184  refuse to allow a any person to play, if the person who is
 7185  objectionable, undesirable, or disruptive to play, but such
 7186  refusal may not be based on the basis of race, creed, color,
 7187  religion, gender, national origin, marital status, physical
 7188  handicap, or age of that person, except as provided in this
 7189  section.
 7190         (10)(8) METHOD OF WAGERS; LIMITATION.—
 7191         (a) No Wagering may not be conducted using money or other
 7192  negotiable currency. Games may only be played using utilizing a
 7193  wagering system whereby all players’ money is first converted by
 7194  the house to tokens or chips that are which shall be used for
 7195  wagering only at that specific cardroom.
 7196         (b) The cardroom operator may limit the amount wagered in
 7197  any game or series of games.
 7198         (c) A tournament shall consist of a series of games. The
 7199  entry fee for a tournament may be set by the cardroom operator.
 7200  Tournaments may be played only with tournament chips that are
 7201  provided to all participants upon payment of in exchange for an
 7202  entry fee and any subsequent rebuys re-buys. All players must be
 7203  given the same receive an equal number of tournament chips for
 7204  their entry fee. Tournament chips do not have no cash value, but
 7205  instead and represent tournament points only. The cardroom
 7206  operator shall determine any There is no limitation on the
 7207  number of tournament chips that may be used for a bet except as
 7208  otherwise determined by the cardroom operator. Tournament chips
 7209  may not never be redeemed for cash or for any other thing of
 7210  value. The distribution of prizes and cash awards must be
 7211  determined by the cardroom operator before entry fees are
 7212  accepted. For purposes of tournament play only, the term “gross
 7213  receipts” means the total amount received by the cardroom
 7214  operator for all entry fees, player re-buys, and fees for
 7215  participating in the tournament less the total amount paid to
 7216  the winners or others as prizes.
 7217         (9) BOND REQUIRED.—The holder of a cardroom license shall
 7218  be financially and otherwise responsible for the operation of
 7219  the cardroom and for the conduct of any manager, dealer, or
 7220  other employee involved in the operation of the cardroom. Prior
 7221  to the issuance of a cardroom license, each applicant for such
 7222  license shall provide evidence of a surety bond in the amount of
 7223  $50,000, payable to the state, furnished by a corporate surety
 7224  authorized to do business in the state or evidence that the
 7225  licensee’s pari-mutuel bond required by s. 550.125 has been
 7226  expanded to include the applicant’s cardroom operation. The bond
 7227  shall guarantee that the cardroom operator will redeem, for
 7228  cash, all tokens or chips used in games. Such bond shall be kept
 7229  in full force and effect by the operator during the term of the
 7230  license.
 7231         (9)(10) FEE FOR PARTICIPATION.—The cardroom operator may
 7232  charge a fee for the right to participate in games conducted at
 7233  the cardroom. Such fee may be either a flat fee or hourly rate
 7234  fee for the use of a seat at a table or a rake subject to the
 7235  posted maximum amount. Such fee but may not be based on the
 7236  amount won by players. Any rake The rake-off, if any, must be
 7237  made in an obvious manner and placed in a designated rake area
 7238  that which is clearly visible to all players. Notice of the
 7239  amount of the participation fee charged shall be posted in a
 7240  conspicuous place in the cardroom and at each table at all
 7241  times.
 7242         (12)(11) RECORDS AND REPORTS.—
 7243         (a) Each licensee operating a cardroom shall keep and
 7244  maintain permanent daily records of its cardroom operation and
 7245  shall maintain such records for a period of at least not less
 7246  than 3 years. Such These records must shall include all
 7247  financial transactions and contain sufficient detail to
 7248  determine compliance with the requirements of this section. All
 7249  records shall be available for audit and inspection by the
 7250  department division or other law enforcement agencies during the
 7251  licensee’s regular business hours. The information required in
 7252  such records shall be determined by department division rule.
 7253         (b) Monthly, each licensee operating a cardroom shall file
 7254  with the department division a report containing the required
 7255  records of such cardroom operation, which. Such report shall be
 7256  filed monthly by licensees. The required reports shall be
 7257  submitted to the department on forms prescribed by the
 7258  department division and shall be due at the same time as the
 7259  monthly pari-mutuel reports are due. to the division, and Such
 7260  reports shall contain any additional information required deemed
 7261  necessary by the department and are division, and the reports
 7262  shall be deemed public records when once filed.
 7263         (13)(12) PROHIBITED ACTIVITIES.—
 7264         (a) A No person licensed to operate a cardroom may not
 7265  conduct any banking game or any other game not specifically
 7266  authorized by this section.
 7267         (b) A No person under 18 years of age may not be permitted
 7268  to hold a cardroom or employee license, or engage in any game
 7269  conducted in a cardroom therein.
 7270         (c) No Electronic or mechanical devices, except mechanical
 7271  card shufflers, may not be used to conduct any authorized game
 7272  in a cardroom.
 7273         (d) No Cards, game components, or game implements may not
 7274  be used in playing an authorized game unless they have such has
 7275  been furnished or provided to the players by the cardroom
 7276  operator.
 7277         (11)(13) TAXES AND OTHER PAYMENTS.—
 7278         (a) Each cardroom operator shall pay a tax to the state of
 7279  10 percent of the cardroom operation’s monthly gross receipts.
 7280         (b) An admission tax equal to 15 percent of the admission
 7281  charge for entrance to the licensee’s cardroom facility, or 10
 7282  cents, whichever is greater, is imposed on each person entering
 7283  the cardroom. This admission tax applies shall apply only if a
 7284  separate admission fee is charged for entry to the cardroom
 7285  facility. If a single admission fee is charged which authorizes
 7286  entry to both or either the pari-mutuel facility and the
 7287  cardroom facility, the admission tax is shall be payable only
 7288  once and is shall be payable pursuant to part II of chapter 551
 7289  chapter 550. The cardroom licensee shall collect be responsible
 7290  for collecting the admission tax, which. An admission tax is
 7291  imposed on any free passes or complimentary cards issued to
 7292  guests by a licensee licensees in an amount equal to the tax
 7293  imposed on the regular and usual admission charge for entrance
 7294  to the licensee’s cardroom facility. A cardroom licensee may
 7295  issue tax-free passes to its officers, officials, and employees
 7296  or other persons actually engaged in working at the cardroom,
 7297  including accredited media press representatives such as
 7298  reporters and editors, and may also issue tax-free passes to
 7299  other cardroom licensees for the use of their officers and
 7300  officials. The licensee shall file with the department division
 7301  a list of all persons to whom tax-free passes are issued.
 7302         (c) Payment of The admission tax and gross receipts tax
 7303  imposed by this section shall be paid to the department, which
 7304  division. The division shall deposit them these sums with the
 7305  Chief Financial Officer. The funds shall be equally distributed
 7306  between, one-half being credited to the Gaming Control Pari
 7307  mutuel Wagering Trust Fund and one-half being credited to the
 7308  General Revenue Fund. On the fifth day of each calendar month, a
 7309  The cardroom licensee shall remit to the department division
 7310  payment for the admission tax and, the gross receipts tax
 7311  collected on the preceding month’s cardroom activities, and the
 7312  licensee fees. On the fifth day of each calendar month, the
 7313  licensee Such payments shall be remitted to the division on the
 7314  fifth day of each calendar month for taxes and fees imposed for
 7315  the preceding month’s cardroom activities. Licensees shall also
 7316  file a sworn report that states the under oath by the fifth day
 7317  of each calendar month for all taxes collected remitted during
 7318  the preceding calendar month,. Such report shall, under oath,
 7319  indicate the total of all admissions, the cardroom activities
 7320  for the preceding calendar month, and such other information as
 7321  may be required prescribed by the department division.
 7322         (d)1. Each greyhound racing and jai alai permitholder that
 7323  operates a cardroom facility shall use at least 4 percent of
 7324  such permitholder’s cardroom monthly gross receipts to
 7325  supplement greyhound purses or jai alai prize money,
 7326  respectively, during the permitholder’s next ensuing pari-mutuel
 7327  meet.
 7328         2. Each thoroughbred horse racing and harness horse racing
 7329  permitholder that operates a cardroom facility shall, during the
 7330  permitholder’s next ensuing racing meet, reserve use at least 50
 7331  percent of such permitholder’s cardroom monthly net proceeds and
 7332  use as follows: 47 percent of such funds to supplement purses
 7333  and 3 percent to supplement breeders’ awards during the
 7334  permitholder’s next ensuing racing meet.
 7335         3. A No cardroom license or renewal license may not thereof
 7336  shall be issued to an applicant holding a quarter horse racing
 7337  permit under part II of chapter 551 chapter 550 to conduct pari
 7338  mutuel wagering meets of quarter horse racing unless the
 7339  applicant has filed on file with the department division a
 7340  binding written agreement between the applicant and the Florida
 7341  Quarter Horse Racing Association or the association that
 7342  represents representing a majority of the horse owners and
 7343  trainers at the applicant’s eligible facility which governs,
 7344  governing the payment of purses on live quarter horse races
 7345  conducted at the licensee’s pari-mutuel facility. Such The
 7346  agreement governing purses may direct the payment of such purses
 7347  from revenues generated by any wagering or gaming the applicant
 7348  is authorized to conduct under Florida law. All purses are shall
 7349  be subject to part II of chapter 551 the terms of chapter 550.
 7350         (e) A The failure of any licensee that fails to make
 7351  payments as prescribed in paragraph (c) violates is a violation
 7352  of this section, and the licensee may be required subjected by
 7353  the department division to pay a civil penalty of up to $1,000
 7354  for each day the tax payment is not remitted. All penalties
 7355  imposed and collected shall be deposited in the General Revenue
 7356  Fund. If a licensee fails to pay penalties imposed by order of
 7357  the department division under this subsection, the department
 7358  division may suspend or revoke the license of the cardroom
 7359  operator or deny issuance of any additional further license to
 7360  the cardroom operator.
 7361         (f) The cardroom is shall be deemed an accessory use to a
 7362  licensed pari-mutuel operation and, except as provided in part
 7363  II of chapter 551 chapter 550, a municipality, county, or
 7364  political subdivision may not assess or collect any additional
 7365  license tax, sales tax, or excise tax on such cardroom
 7366  operation.
 7367         (g) All of the moneys deposited in the Gaming Control Pari
 7368  mutuel Wagering Trust Fund, except as set forth in paragraph
 7369  (h), shall be utilized and distributed and used in the manner
 7370  specified in s. 551.035(1) s. 550.135(1) and (2). However,
 7371  cardroom tax revenues shall be kept separate from pari-mutuel
 7372  tax revenues and shall not be used for making the disbursement
 7373  to counties provided in former s. 550.135(1).
 7374         (h) By October 1 of each year, 25 percent One-quarter of
 7375  the moneys deposited into the Gaming Control Pari-mutuel
 7376  Wagering Trust Fund under this subsection pursuant to paragraph
 7377  (g) shall, by October 1 of each year, be distributed to the
 7378  local government that approved the cardroom under subsection
 7379  (5). (16); However, if two or more pari-mutuel racetracks are
 7380  located within the same incorporated municipality, the cardroom
 7381  funds shall be distributed to the municipality. If a pari-mutuel
 7382  facility is situated in such a manner that it is located in more
 7383  than one county, the site of the cardroom facility shall
 7384  determine the location for purposes of disbursement of tax
 7385  revenues under this paragraph. The division shall, By September
 7386  1 of each year, the department shall determine:
 7387         1. The amount of taxes deposited into the Gaming Control
 7388  Pari-mutuel Wagering Trust Fund pursuant to this section from
 7389  each cardroom licensee;
 7390         2. The location by county in which of each cardroom is
 7391  located;
 7392         3. Whether the cardroom is located in the unincorporated
 7393  area of the county or within an incorporated municipality; and,
 7394         4. The total amount to be distributed to each eligible
 7395  county and municipality.
 7396         (14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.—
 7397         (a) The department division may deny an initial a license
 7398  or a license the renewal thereof, or may suspend or revoke a any
 7399  license, if when the applicant has:
 7400         1. Violated or failed to comply with the provisions of this
 7401  section or department rule any rules adopted pursuant thereto;
 7402         2. Knowingly caused, aided, abetted, or conspired with
 7403  another to cause a any person to violate this section or
 7404  department rule any rules adopted pursuant thereto; or
 7405         3. Obtained a license or permit by fraud,
 7406  misrepresentation, or concealment; or
 7407         4. Otherwise become ineligible if the holder of such
 7408  license or permit is no longer eligible under this section.
 7409         (b) If a pari-mutuel permitholder’s pari-mutuel permit or
 7410  license is suspended or revoked by the department division
 7411  pursuant to part II of chapter 551 chapter 550, the department
 7412  division may, but is not required to, suspend or revoke such
 7413  permitholder’s cardroom license. If a cardroom operator’s
 7414  license is suspended or revoked pursuant to this section, the
 7415  department division may, but is not required to, suspend or
 7416  revoke such licensee’s pari-mutuel permit or license.
 7417         (c) Notwithstanding any other provision of this section,
 7418  the department division may impose an administrative fine of up
 7419  to not to exceed $1,000 for each violation against a any person
 7420  who has violated or failed to comply with the provisions of this
 7421  section or department rule any rules adopted pursuant thereto.
 7422         (15) CRIMINAL PENALTY; INJUNCTION.—
 7423         (a)1. A Any person who operates a cardroom without a valid
 7424  license issued under as provided in this section commits a
 7425  felony of the third degree, punishable as provided in s.
 7426  775.082, s. 775.083, or s. 775.084.
 7427         2. A Any licensee or pari-mutuel permitholder who violates
 7428  any provision of this section commits a misdemeanor of the first
 7429  degree, punishable as provided in s. 775.082 or s. 775.083. A
 7430  Any licensee or pari-mutuel permitholder who commits a second or
 7431  subsequent violation of the same paragraph or subsection within
 7432  a period of 3 years after from the date of a prior conviction
 7433  for the same offense a violation of such paragraph or subsection
 7434  commits a felony of the third degree, punishable as provided in
 7435  s. 775.082, s. 775.083, or s. 775.084.
 7436         (b) The department division, a any state attorney, the
 7437  statewide prosecutor, or the Attorney General may apply for a
 7438  temporary or permanent injunction restraining further violation
 7439  of this section, and such injunction shall issue without bond.
 7440         (5)(16) LOCAL GOVERNMENT APPROVAL.—The department may
 7441  Division of Pari-mutuel Wagering shall not issue any initial
 7442  license under this section unless the applicant shows except
 7443  upon proof in such form as the department division may prescribe
 7444  that the local government where it the applicant for such
 7445  license desires to conduct cardroom gaming has voted to approve
 7446  such activity by a majority vote of the governing body of the
 7447  municipality or, if the facility is not located in a
 7448  municipality, the governing body of the county if the facility
 7449  is not located in a municipality.
 7450         (7)(17) CHANGE OF LOCATION; REFERENDUM.—
 7451         (a) Notwithstanding the any provisions of this section, a
 7452  no cardroom gaming license issued under this section may not
 7453  shall be transferred, or reissued if when such reissuance is in
 7454  the nature of a transfer, so as to permit or authorize a
 7455  licensee to change the location of the cardroom except upon
 7456  proof in such form as the department division may prescribe that
 7457  a referendum election has been held:
 7458         1. If the proposed new location is within the same county
 7459  as the already licensed location, in the county where the
 7460  licensee desires to conduct cardroom gaming and that a majority
 7461  of the electors voting on the question in such election voted in
 7462  favor of the transfer of such license. However, the department
 7463  division shall transfer, without requirement of a referendum
 7464  election, the cardroom license of any permitholder that
 7465  relocated its permit pursuant to s. 551.0242 s. 550.0555.
 7466         2. If the proposed new location is not within the same
 7467  county as the already licensed location, in the county where the
 7468  licensee desires to conduct cardroom gaming and that a majority
 7469  of the electors voting on that question in each such election
 7470  voted in favor of the transfer of such license.
 7471         (b) The expense of each referendum held under the
 7472  provisions of this subsection shall be borne by the licensee
 7473  requesting the transfer.
 7474         Section 106. Part V of chapter 551, Florida Statutes,
 7475  consisting of sections 551.301-551.322, Florida Statutes, is
 7476  created and entitled “OCCUPATIONAL LICENSING.
 7477         Section 107. Section 550.105, Florida Statutes, is
 7478  transferred, renumbered as section 551.301, Florida Statutes,
 7479  and amended to read:
 7480         551.301 550.105Racetrack and jai alai occupational
 7481  licenses of racetrack employees; fees; denial, suspension, and
 7482  revocation of license; penalties and fines.—
 7483         (1) Each person connected with a racetrack or jai alai
 7484  fronton, as specified in paragraph (2)(a), shall purchase from
 7485  the department division an occupational license. License fee
 7486  collections All moneys collected pursuant to this section each
 7487  fiscal year shall be deposited into the Gaming Control Pari
 7488  mutuel Wagering Trust Fund. The department may adopt rules that
 7489  allow Pursuant to the rules adopted by the division, an
 7490  occupational license to may be valid for a period of up to 3
 7491  years. The fee for a multi-year license may for a fee that does
 7492  not exceed the full occupational license fee for each of the
 7493  years for which the license is purchased. The occupational
 7494  license shall be valid during its specified term at any pari
 7495  mutuel facility.
 7496         (2)(a) The following licenses shall be issued to persons or
 7497  entities with access to the backside, racing animals, jai alai
 7498  players’ room, jockeys’ room, drivers’ room, totalisator room,
 7499  the mutuels, or money room;, or to persons who, by virtue of the
 7500  positions position they hold, might be granted access to such
 7501  these areas; or to any other person or entity in one of the
 7502  following categories and with fees not to exceed the following
 7503  amounts for any 12-month period:
 7504         1. Business licenses for: any business such as a vendor,
 7505  contractual concessionaire, contract kennel, business owning
 7506  racing animals, trust or estate, totalisator company, stable
 7507  name, or other fictitious name: $50.
 7508         2. Professional occupational licenses for: professional
 7509  persons with access to the backside of a racetrack or players’
 7510  quarters in jai alai such as trainers, officials, veterinarians,
 7511  doctors, nurses, emergency medical technicians EMT’s, jockeys
 7512  and apprentices, drivers, jai alai players, owners, trustees, or
 7513  any management or officer or director or shareholder or any
 7514  other professional-level person who might have access to the
 7515  jockeys’ room, the drivers’ room, the backside, racing animals,
 7516  kennel compound, or managers or supervisors requiring access to
 7517  mutuels machines, the money room, or totalisator equipment: $40.
 7518         3. General occupational licenses for: general employees
 7519  with access to the jockeys’ room, the drivers’ room, racing
 7520  animals, the backside of a racetrack, or players’ quarters in
 7521  jai alai, such as grooms, kennel helpers, leadouts, pelota
 7522  makers, cesta makers, or ball boys, or a practitioner of any
 7523  other occupation who would have access to the animals, the
 7524  backside, or the kennel compound, or who would provide the
 7525  security or maintenance of these areas, or mutuel employees,
 7526  totalisator employees, money-room employees, or any employee
 7527  with access to mutuels machines, the money room, or totalisator
 7528  equipment or who would provide the security or maintenance of
 7529  these areas: $10.
 7530         (b) The individuals and entities that are licensed under
 7531  this subsection paragraph require heightened state scrutiny,
 7532  including the submission by the individual licensees or persons
 7533  associated with the entities described in this chapter of
 7534  fingerprints for a Federal Bureau of Investigation criminal
 7535  records check.
 7536         (c)(b) The department division shall adopt rules pertaining
 7537  to pari-mutuel occupational licenses, licensing periods, and
 7538  renewal cycles.
 7539         (3) Certified public accountants and attorneys licensed to
 7540  practice in this state are shall not be required to hold an
 7541  occupational license under this section while providing
 7542  accounting or legal services to a permitholder if the certified
 7543  public accountant’s or attorney’s primary place of employment is
 7544  not on the permitholder’s permitholder premises.
 7545         (4) A person may not It is unlawful to take part in or
 7546  officiate in any way at any pari-mutuel facility without first
 7547  having secured a license and paid the occupational license fee.
 7548         (5)(a) If the state racing commission or racing authority
 7549  in another state or jurisdiction extends to the department
 7550  reciprocal courtesy to maintain the disciplinary control, the
 7551  department division may:
 7552         1. Deny a license to or revoke, suspend, or place
 7553  conditions upon or restrictions on a license of any person who
 7554  has been refused a license by any other state racing commission
 7555  or racing authority; or
 7556         2. Deny, suspend, or place conditions on a license of any
 7557  person who is under suspension or has unpaid fines in another
 7558  jurisdiction;
 7559  
 7560  if the state racing commission or racing authority of such other
 7561  state or jurisdiction extends to the division reciprocal
 7562  courtesy to maintain the disciplinary control.
 7563         (b) The department division may deny, suspend, revoke, or
 7564  declare ineligible any occupational license if the applicant for
 7565  or holder: thereof
 7566         1. Has violated the provisions of this chapter or the rules
 7567  of the department division governing the conduct of persons
 7568  connected with racetracks and frontons;. In addition, the
 7569  division may deny, suspend, revoke, or declare ineligible any
 7570  occupational license if the applicant for such license
 7571         2. Has been convicted in this state, in any other state, or
 7572  under the laws of the United States of:
 7573         a. A capital felony, a felony, or an offense in any other
 7574  state which would be a felony under the laws of this state
 7575  involving arson;
 7576         b. Trafficking in, conspiracy to traffic in, smuggling,
 7577  importing, conspiracy to smuggle or import, or delivery, sale,
 7578  or distribution of a controlled substance; or
 7579         c. A crime involving a lack of good moral character;, or
 7580         3. Has had a pari-mutuel license revoked by this state or
 7581  any other jurisdiction for an offense related to pari-mutuel
 7582  wagering.
 7583         (c) The department division may deny, declare ineligible,
 7584  or revoke any occupational license if the licensee or applicant
 7585  for such license has been convicted of a felony or misdemeanor
 7586  in this state, in any other state, or under the laws of the
 7587  United States, if such felony or misdemeanor is related to
 7588  gambling or bookmaking, as contemplated in s. 849.25, or
 7589  involves cruelty to animals. If the applicant establishes that
 7590  she or he is of good moral character, that she or he has been
 7591  rehabilitated, and that the crime she or he was convicted of is
 7592  not related to pari-mutuel wagering and is not a capital
 7593  offense, the restrictions excluding offenders may be waived by
 7594  the director of the department division.
 7595         (d) For purposes of this subsection, the term “convicted”
 7596  means having been found guilty, with or without adjudication of
 7597  guilt, as a result of a jury verdict, nonjury trial, or entry of
 7598  a plea of guilty or nolo contendere. However, this paragraph may
 7599  the term “conviction” shall not be applied to a crime committed
 7600  before July 1, 2010, prior to the effective date of this
 7601  subsection in a manner that would invalidate any occupational
 7602  license issued before July 1, 2010, prior to the effective date
 7603  of this subsection or subsequent renewal for any person holding
 7604  such a license.
 7605         (e) If an occupational license will expire by department
 7606  division rule during the period of a suspension the department
 7607  division intends to impose, or if a license would have expired
 7608  but for pending administrative charges and the occupational
 7609  licensee is found to be in violation of any of the charges, the
 7610  license may be revoked and a time period of license
 7611  ineligibility may be declared. The department division may bring
 7612  administrative charges against any person not holding a current
 7613  license for violations of statutes or rules which occurred while
 7614  such person held an occupational license, and the department
 7615  division may declare such person ineligible to hold a license
 7616  for a period of time. The department division may impose a civil
 7617  fine of up to $1,000 for each violation of the rules of the
 7618  department division in addition to or in lieu of any other
 7619  penalty provided for in this section. In addition to any other
 7620  penalty provided by law, the department division may exclude
 7621  from all pari-mutuel facilities in this state, for a period not
 7622  to exceed the period of suspension, revocation, or
 7623  ineligibility, any person whose occupational license application
 7624  has been denied by the department division, who has been
 7625  declared ineligible to hold an occupational license, or whose
 7626  occupational license has been suspended or revoked by the
 7627  department division.
 7628         (f) The department division may cancel any occupational
 7629  license that has been voluntarily relinquished by the licensee.
 7630         (6) In order to promote the orderly presentation of pari
 7631  mutuel meets authorized in this chapter, the department division
 7632  may issue a temporary occupational license. The department
 7633  division shall adopt rules to implement this subsection. A
 7634  However, No temporary occupational license may not shall be
 7635  valid for more than 90 days, and only no more than one temporary
 7636  license may be issued for any person in any year.
 7637         (7) The department division may deny, revoke, or suspend
 7638  any occupational license if the applicant therefor or holder
 7639  thereof accumulates unpaid obligations or defaults in
 7640  obligations, or issues drafts or checks that are dishonored or
 7641  for which payment is refused without reasonable cause, if such
 7642  unpaid obligations, defaults, or dishonored or refused drafts or
 7643  checks directly relate to the sport of jai alai or racing being
 7644  conducted at a pari-mutuel facility within this state.
 7645         (8) The department division may fine a licensee, or
 7646  suspend, or revoke, or place conditions on upon, the license of
 7647  a any licensee, who under oath knowingly provides false
 7648  information regarding an investigation by the department
 7649  division.
 7650         (9) The tax imposed by this section is in lieu of all
 7651  license, excise, or occupational taxes to the state or any
 7652  county, municipality, or other political subdivision, except
 7653  that, if a race meeting or game is held or conducted in a
 7654  municipality, the municipality may assess and collect an
 7655  additional tax against any person conducting live racing or
 7656  games within its corporate limits, which tax may not exceed $150
 7657  per day for horseracing or $50 per day for dogracing or jai
 7658  alai. Except as provided in this chapter, a municipality may not
 7659  assess or collect any additional excise or revenue tax against
 7660  any person conducting race meetings within the corporate limits
 7661  of the municipality or against any patron of any such person.
 7662         (9)(10)(a) Upon application for an occupational license:,
 7663         1. The department division may require:
 7664         a. The applicant’s full legal name and; any nickname,
 7665  alias, or maiden name for the applicant;
 7666         b. The name of the applicant’s spouse;
 7667         c. The applicant’s date of birth, residence address,
 7668  mailing address, residence address and business telephone phone
 7669  number, and social security number;
 7670         d. Disclosure of any felony or any conviction involving
 7671  bookmaking, illegal gambling, or cruelty to animals;
 7672         e. Disclosure of any past or present enforcement or actions
 7673  by any racing or gaming agency against the applicant; and
 7674         f. Any information the department division determines is
 7675  necessary to establish the identity of the applicant or to
 7676  establish that the applicant is of good moral character.
 7677         2. Fingerprints shall be taken in a manner approved by the
 7678  department division and then shall be submitted to the Federal
 7679  Bureau of Investigation, or to the association of state
 7680  officials regulating pari-mutuel wagering pursuant to the
 7681  Federal Pari-mutuel Licensing Simplification Act of 1988.
 7682         (b)1. The cost of processing fingerprints shall be borne by
 7683  the applicant and paid to the association of state officials
 7684  regulating pari-mutuel wagering from the trust fund to which the
 7685  processing fees are deposited. The division, by rule, may
 7686  require additional information from licensees which is
 7687  reasonably necessary to regulate the industry. The division may,
 7688  by rule, exempt certain occupations or groups of persons from
 7689  the fingerprinting requirements.
 7690         2.(b) All fingerprints required under by this section which
 7691  that are submitted to the Department of Law Enforcement shall be
 7692  retained by the Department of Law Enforcement and entered into
 7693  the statewide automated biometric identification system as
 7694  authorized under by s. 943.05(2)(b) and shall be available for
 7695  all purposes and uses authorized for arrest fingerprints entered
 7696  into the statewide automated biometric identification system
 7697  pursuant to s. 943.051.
 7698         3.(c) The Department of Law Enforcement shall search all
 7699  arrest fingerprints received pursuant to s. 943.051 against the
 7700  fingerprints retained in the statewide automated biometric
 7701  identification system under subparagraph 2 paragraph (b). Any
 7702  arrest record that is identified with the retained fingerprints
 7703  of a person subject to the criminal history screening
 7704  requirements of this section shall be reported to the department
 7705  division. Each licensee shall pay a fee to the department
 7706  division for the cost of retention of the fingerprints and the
 7707  ongoing searches under this subparagraph paragraph. The
 7708  department division shall forward the payment to the Department
 7709  of Law Enforcement. The amount of the fee to be imposed for
 7710  performing these searches and the procedures for the retention
 7711  of licensee fingerprints shall be as established by rule of the
 7712  Department of Law Enforcement. The department division shall
 7713  inform the Department of Law Enforcement of any change in the
 7714  license status of licensees whose fingerprints are retained
 7715  under subparagraph 2 paragraph (b).
 7716         4.(d) The department division shall request the Department
 7717  of Law Enforcement to forward the fingerprints to the Federal
 7718  Bureau of Investigation for a national criminal history records
 7719  check at least once every 5 years following issuance of a
 7720  license. If the fingerprints of a person who is licensed have
 7721  not been retained by the Department of Law Enforcement, the
 7722  person must file a complete set of fingerprints as provided in
 7723  paragraph (a). The department division shall collect the fees
 7724  for the cost of the national criminal history records check
 7725  under this subparagraph paragraph and forward the payment to the
 7726  Department of Law Enforcement. The cost of processing
 7727  fingerprints and conducting a criminal history records check
 7728  under this subparagraph paragraph for a general occupational
 7729  license shall be borne by the applicant. The cost of processing
 7730  fingerprints and conducting a criminal history records check
 7731  under this subparagraph paragraph for a business or professional
 7732  occupational license shall be borne by the person being checked.
 7733  The Department of Law Enforcement may invoice the department
 7734  division for the fingerprints submitted each month. Under
 7735  penalty of perjury, each person who is licensed or who is
 7736  fingerprinted as required by this section must agree to inform
 7737  the department division within 48 hours if he or she is
 7738  convicted of or has entered a plea of guilty or nolo contendere
 7739  to any disqualifying offense, regardless of adjudication.
 7740         (c)1. The department may adopt rules that require
 7741  additional information from licensees which is reasonably
 7742  necessary to regulate the industry.
 7743         2. The department may adopt rules that exempt certain
 7744  occupations or groups of persons from the fingerprinting
 7745  requirements.
 7746         Section 108. Section 551.107, Florida Statutes, is
 7747  transferred, renumbered as section 551.302, Florida Statutes,
 7748  and amended to read:
 7749         551.302 551.107 Slot machine occupational license;
 7750  findings; application; fee.—
 7751         (1) The Legislature finds that individuals and entities
 7752  that are licensed under this section require heightened state
 7753  scrutiny, including the submission by the individual licensees
 7754  or persons associated with the entities described in this
 7755  chapter of fingerprints for a criminal history record check.
 7756         (2)(a) The following slot machine occupational licenses
 7757  shall be issued to persons or entities that, by virtue of the
 7758  positions they hold, might be granted access to slot machine
 7759  gaming areas or to any other person or entity in one of the
 7760  following categories:
 7761         1. General occupational licenses for general employees,
 7762  including food service, maintenance, and other similar service
 7763  and support employees having access to the slot machine gaming
 7764  area.
 7765         2. Professional occupational licenses for a any person,
 7766  proprietorship, partnership, corporation, or other entity that
 7767  is authorized by a slot machine licensee to manage, oversee, or
 7768  otherwise control daily operations as a slot machine manager, a
 7769  floor supervisor, security personnel, or any other similar
 7770  position of oversight of gaming operations, or a any person who
 7771  is not an employee of the slot machine licensee and who provides
 7772  maintenance, repair, or upgrades to, or otherwise services, a
 7773  slot machine or other slot machine equipment.
 7774         3. Business occupational licenses for a any slot machine
 7775  management company or company associated with slot machine
 7776  gaming, a any person who manufactures, distributes, or sells
 7777  slot machines, slot machine paraphernalia, or other associated
 7778  equipment to slot machine licensees, or a any company that sells
 7779  or provides goods or services associated with slot machine
 7780  gaming to slot machine licensees.
 7781         (b) The department division may issue one license to
 7782  combine licenses under this section with pari-mutuel
 7783  occupational licenses and cardroom licenses pursuant to s.
 7784  551.301(2)(c) s. 550.105(2)(b). The department division shall
 7785  adopt rules pertaining to occupational licenses under this
 7786  subsection. Such rules may specify, but need not be limited to,
 7787  requirements and restrictions for licensed occupations and
 7788  categories, procedures to apply for a any license or combination
 7789  of licenses, disqualifying criminal offenses for a licensed
 7790  occupation or categories of occupations, and which types of
 7791  occupational licenses may be combined into a single license
 7792  under this section. The fingerprinting requirements of
 7793  subsection (6) (7) apply to a any combination license that
 7794  includes slot machine license privileges under this section. The
 7795  department division may not adopt a rule allowing the issuance
 7796  of an occupational license to a any person who does not meet the
 7797  minimum background qualifications under this section.
 7798         (c) Slot machine occupational licenses are not
 7799  transferable.
 7800         (3) A slot machine licensee may not employ or otherwise
 7801  allow a person to work at a licensed facility unless such person
 7802  holds the appropriate valid occupational license. A slot machine
 7803  licensee may not contract or otherwise do business with a
 7804  business required to hold a slot machine occupational license
 7805  unless the business holds such a license. A slot machine
 7806  licensee may not employ or otherwise allow a person to work in a
 7807  supervisory or management professional level at a licensed
 7808  facility unless such person holds a valid slot machine
 7809  occupational license. All slot machine occupational licensees,
 7810  while present in slot machine gaming areas, shall display on
 7811  their persons their occupational license identification cards.
 7812         (4)(a) A person seeking a slot machine occupational license
 7813  or renewal thereof shall make application on forms prescribed by
 7814  the department division and pay include payment of the
 7815  appropriate application fee. Initial and renewal applications
 7816  for slot machine occupational licenses must contain all
 7817  information that the department division, by rule, determines is
 7818  required to ensure eligibility.
 7819         (b) A slot machine license or combination license is valid
 7820  for the same term as a pari-mutuel occupational license issued
 7821  pursuant to s. 551.301(1) s. 550.105(1).
 7822         (c) Pursuant to rules adopted by the department division, a
 7823  any person may apply for and, if qualified, be issued a slot
 7824  machine occupational license valid for a period of 3 years upon
 7825  payment of the full occupational license fee for each of the 3
 7826  years for which the license is issued. The slot machine
 7827  occupational license is valid during its specified term at a any
 7828  licensed facility where slot machine gaming is authorized to be
 7829  conducted.
 7830         (d) The slot machine occupational license fee for initial
 7831  application and annual renewal shall be determined by rule of
 7832  the department division but may not exceed $50 for a general or
 7833  professional occupational license for an employee of the slot
 7834  machine licensee or $1,000 for a business occupational license
 7835  for nonemployees of the licensee providing goods or services to
 7836  the slot machine licensee. License fees for general occupational
 7837  licensees shall be paid by the slot machine licensee. Failure to
 7838  pay the required fee constitutes grounds for disciplinary action
 7839  by the department division against the slot machine licensee,
 7840  but it is not a violation of this chapter or department rule
 7841  rules of the division by the general occupational licensee and
 7842  does not prohibit the initial issuance or the renewal of the
 7843  general occupational license.
 7844         (5)(a) The department division may deny an application for,
 7845  or revoke, suspend, or place conditions or restrictions on, a
 7846  license of a person or entity that:
 7847         1.(a)Deny an application for, or revoke, suspend, or place
 7848  conditions or restrictions on, a license of a person or entity
 7849  that Has been refused a license by any other state gaming
 7850  commission, governmental department, agency, or other authority
 7851  exercising regulatory jurisdiction over the gaming of another
 7852  state or jurisdiction; or
 7853         2.(b)Deny an application for, or suspend or place
 7854  conditions on, a license of any person or entity that Is under
 7855  suspension or has unpaid fines in another state or jurisdiction.
 7856         (b)(6)(a) The department division may deny an application
 7857  for, or suspend, revoke, or refuse to renew, a any slot machine
 7858  occupational license if the applicant for such license or the
 7859  licensee:
 7860         1. Has violated the provisions of this chapter or the rules
 7861  of the department division governing the conduct of persons
 7862  connected with slot machine gaming;. In addition, the division
 7863  may deny, suspend, revoke, or refuse to renew any slot machine
 7864  occupational license if the applicant for such license or the
 7865  licensee
 7866         2. Has been convicted in this state, in any other state, or
 7867  under the laws of the United States of a capital felony, a
 7868  felony, or an offense in any other state that would be a felony
 7869  under the laws of this state involving arson; trafficking in,
 7870  conspiracy to traffic in, smuggling, importing, conspiracy to
 7871  smuggle or import, or delivery, sale, or distribution of a
 7872  controlled substance; racketeering; or a crime involving a lack
 7873  of good moral character;, or
 7874         3. Has had a gaming license revoked by this state or any
 7875  other jurisdiction for a any gaming-related offense;.
 7876         4.(b)The division may deny, revoke, or refuse to renew any
 7877  slot machine occupational license if the applicant for such
 7878  license or the licensee Has been convicted of a felony or
 7879  misdemeanor in this state, in any other state, or under the laws
 7880  of the United States if such felony or misdemeanor is related to
 7881  gambling or bookmaking as described in s. 849.25; or
 7882         5. Accumulates unpaid obligations, defaults in obligations,
 7883  or issues drafts or checks that are dishonored or for which
 7884  payment is refused without reasonable cause.
 7885         (c) For purposes of this subsection, the term “convicted”
 7886  means having been found guilty, with or without adjudication of
 7887  guilt, as a result of a jury verdict, nonjury trial, or entry of
 7888  a plea of guilty or nolo contendere.
 7889         (6)(7) Fingerprints for all slot machine occupational
 7890  license applications shall be taken in a manner approved by the
 7891  department division and shall be submitted electronically to the
 7892  Department of Law Enforcement for state processing and the
 7893  Federal Bureau of Investigation for national processing for a
 7894  criminal history record check. All persons as specified in s.
 7895  551.029 who are s. 550.1815(1)(a) employed by or working within
 7896  a licensed premises shall submit fingerprints for a criminal
 7897  history record check and may not have been convicted of a any
 7898  disqualifying criminal offense offenses specified in subsection
 7899  (5) (6). Department Division employees and law enforcement
 7900  officers assigned by their employing agencies to work within the
 7901  premises as part of their official duties are excluded from the
 7902  criminal history record check requirements under this
 7903  subsection. The cost of processing fingerprints and conducting a
 7904  criminal history record check for a general occupational license
 7905  shall be borne by the slot machine licensee. The cost of
 7906  processing fingerprints and conducting a criminal history record
 7907  check for a business or professional occupational license shall
 7908  be borne by the person being checked. The Department of Law
 7909  Enforcement may invoice the department for the fingerprints
 7910  submitted each month. For purposes of this subsection, the term
 7911  “convicted” means having been found guilty, with or without
 7912  adjudication of guilt, as a result of a jury verdict, nonjury
 7913  trial, or entry of a plea of guilty or nolo contendere.
 7914         (a) Fingerprints shall be taken in a manner approved by the
 7915  department division upon initial application, or as required
 7916  thereafter by rule of the department division, and shall be
 7917  submitted electronically to the Department of Law Enforcement
 7918  for state processing. The Department of Law Enforcement shall
 7919  forward the fingerprints to the Federal Bureau of Investigation
 7920  for national processing. The results of the criminal history
 7921  record check shall be returned to the department division for
 7922  purposes of screening. Licensees shall provide necessary
 7923  equipment approved by the Department of Law Enforcement to
 7924  facilitate such electronic submission. The department division
 7925  requirements under this subsection shall be instituted in
 7926  consultation with the Department of Law Enforcement.
 7927         (b) The cost of processing fingerprints and conducting a
 7928  criminal history record check for a general occupational license
 7929  shall be borne by the slot machine licensee. The cost of
 7930  processing fingerprints and conducting a criminal history record
 7931  check for a business or professional occupational license shall
 7932  be borne by the person being checked. The Department of Law
 7933  Enforcement may invoice the department division for the
 7934  fingerprints submitted each month.
 7935         (c) All fingerprints required by this section which are
 7936  submitted to the Department of Law Enforcement and required by
 7937  this section shall be retained by the Department of Law
 7938  Enforcement and entered into the statewide automated biometric
 7939  identification system as authorized under by s. 943.05(2)(b) and
 7940  shall be available for all purposes and uses authorized for
 7941  arrest fingerprints entered into the statewide automated
 7942  biometric identification system pursuant to s. 943.051.
 7943         (d) The Department of Law Enforcement shall search all
 7944  arrest fingerprints received pursuant to s. 943.051 against the
 7945  fingerprints retained in the statewide automated biometric
 7946  identification system under paragraph (c). An Any arrest record
 7947  that is identified with the retained fingerprints of a person
 7948  subject to the criminal history screening requirements of this
 7949  section shall be reported to the department division. Each
 7950  licensed facility shall pay a fee to the department division for
 7951  the cost of retention of the fingerprints and the ongoing
 7952  searches under this paragraph. The department division shall
 7953  forward the payment to the Department of Law Enforcement. The
 7954  amount of the fee to be imposed for performing such these
 7955  searches and the procedures for the retention of licensee
 7956  fingerprints shall be as established by rule of the Department
 7957  of Law Enforcement. The department division shall inform the
 7958  Department of Law Enforcement of a any change in the license
 7959  status of licensees whose fingerprints are retained under
 7960  paragraph (c).
 7961         (e) The department division shall request the Department of
 7962  Law Enforcement to forward the fingerprints to the Federal
 7963  Bureau of Investigation for a national criminal history records
 7964  check every 3 years following issuance of a license. If the
 7965  fingerprints of a person who is licensed have not been retained
 7966  by the Department of Law Enforcement, the person must file a
 7967  complete set of fingerprints as provided for in paragraph (a).
 7968  The department division shall collect the fees for the cost of
 7969  the national criminal history record check under this paragraph
 7970  and shall forward the payment to the Department of Law
 7971  Enforcement. The cost of processing fingerprints and conducting
 7972  a criminal history record check under this paragraph for a
 7973  general occupational license shall be borne by the slot machine
 7974  licensee. The cost of processing fingerprints and conducting a
 7975  criminal history record check under this paragraph for a
 7976  business or professional occupational license shall be borne by
 7977  the person being checked. The Department of Law Enforcement may
 7978  invoice the department division for the fingerprints submitted
 7979  each month. Under penalty of perjury, each person who is
 7980  licensed or who is fingerprinted as required by this section
 7981  must agree to inform the department division within 48 hours if
 7982  he or she is convicted of or has entered a plea of guilty or
 7983  nolo contendere to a any disqualifying offense, regardless of
 7984  adjudication.
 7985         (7)(8) All moneys collected pursuant to this section shall
 7986  be deposited into the Gaming Control Pari-mutuel Wagering Trust
 7987  Fund.
 7988         (9) The division may deny, revoke, or suspend any
 7989  occupational license if the applicant or holder of the license
 7990  accumulates unpaid obligations, defaults in obligations, or
 7991  issues drafts or checks that are dishonored or for which payment
 7992  is refused without reasonable cause.
 7993         (8)(10) The department division may fine a licensee or
 7994  suspend, revoke, or place conditions upon his or her the
 7995  license, if the of any licensee who provides false information
 7996  under oath regarding an application for a license or an
 7997  investigation by the department division.
 7998         (9)(11) The department division may impose a civil fine of
 7999  up to $5,000 for each violation of this chapter or department
 8000  rule the rules of the division in addition to or in lieu of any
 8001  other penalty provided for in this section. The department
 8002  division may adopt a penalty schedule for violations of this
 8003  chapter or applicable any rule adopted pursuant to this chapter
 8004  for which it would impose a fine in lieu of a suspension and may
 8005  adopt rules allowing for the issuance of citations, including
 8006  procedures to address such citations, to persons who violate
 8007  such rules. In addition to any other penalty provided by law,
 8008  the department division may exclude from all licensed slot
 8009  machine facilities in this state, for a period not to exceed the
 8010  period of suspension, revocation, or ineligibility, a any person
 8011  declared ineligible to hold an occupational license whose
 8012  occupational license application has been denied declared
 8013  ineligible to hold an occupational license or whose occupational
 8014  license has been suspended or revoked by the department
 8015  division.
 8016         (10)(a) Notwithstanding s. 120.60, the department may issue
 8017  a temporary occupational license upon receipt of a complete
 8018  application from the applicant and a determination that the
 8019  applicant has not been convicted of or had adjudication withheld
 8020  on a disqualifying criminal offense. The temporary occupational
 8021  license remains valid until such time as the department grants
 8022  an occupational license or notifies the applicant of its
 8023  intended decision to deny the applicant a license pursuant to s.
 8024  120.60. The department shall adopt rules to administer this
 8025  subsection. However, not more than one temporary license may be
 8026  issued for a person in a year.
 8027         (b) A temporary license issued under this section is
 8028  nontransferable.
 8029         (11) For purposes of this section, the term “convicted”
 8030  means having been found guilty, with or without adjudication of
 8031  guilt, as a result of a jury verdict, nonjury trial, or entry of
 8032  a plea of guilty or nolo contendere.
 8033         Section 109. Section 551.303, Florida Statutes, is created
 8034  to read:
 8035         551.303 Cardroom business and employee occupational
 8036  license.—
 8037         (1) A person employed or otherwise working in a cardroom as
 8038  a cardroom manager, floor supervisor, pit boss, dealer, or any
 8039  other position related to cardroom operations while the facility
 8040  is conducting authorized must hold a valid cardroom employee
 8041  occupational license issued by the department. Food service,
 8042  maintenance, and security employees who hold a current pari
 8043  mutuel occupational license and who passed the required
 8044  background check are not required to have a cardroom employee
 8045  occupational license.
 8046         (2)A cardroom management company or cardroom distributor
 8047  associated with cardroom operations must hold a valid cardroom
 8048  business occupational license issued by the department.
 8049         (3)A licensed cardroom operator may not employ or allow to
 8050  work in a cardroom a person who does not hold a valid
 8051  occupational license. A licensed cardroom operator may not
 8052  contract with, or otherwise do business with, a business that
 8053  does not hold a required valid cardroom business occupational
 8054  license.
 8055         (4) The department shall establish, by rule, a schedule for
 8056  the renewal of cardroom occupational licenses. Cardroom
 8057  occupational licenses are not transferable.
 8058         (5)An application for an initial or renewal cardroom
 8059  occupational license must be made on forms prescribed by the
 8060  department and must contain all of the information for
 8061  eligibility determination required by department rule.
 8062         (6) The department shall adopt rules regarding cardroom
 8063  occupational licenses. The provisions specified in s.
 8064  551.301(4)-(9) relating to licensure apply to cardroom
 8065  occupational licenses.
 8066         (7) The department may declare an applicant for or holder
 8067  of a license ineligible and deny or revoke his or her cardroom
 8068  occupational license if, in this or any other state or under the
 8069  laws of the United States, he or she has been found guilty of or
 8070  has had adjudication withheld for a felony or misdemeanor
 8071  involving forgery, larceny, extortion, conspiracy to defraud, or
 8072  filing a false report to a government agency or a racing or
 8073  gaming commission or authority.
 8074         (8)Upon initial application, and at least every 5 years
 8075  thereafter, the applicant’s or licensee’s fingerprints shall be
 8076  taken in a manner approved by the department and submitted to
 8077  the Department of Law Enforcement and the Federal Bureau of
 8078  Investigation for a criminal background check. The department
 8079  may by rule require an annual background check of all applicants
 8080  for a cardroom occupational license renewal. The cost of
 8081  processing fingerprints and conducting a record check shall be
 8082  borne by the applicant.
 8083         (9) The cardroom employee occupational license fee may not
 8084  exceed $50 for any 12-month period. The cardroom business
 8085  occupational license fee may not exceed $250 for any 12-month
 8086  period.
 8087         Section 110. Section 550.901, Florida Statutes, is
 8088  transferred and renumbered as section 551.31, Florida Statutes.
 8089         Section 111. Section 550.902, Florida Statutes, is
 8090  transferred and renumbered as section 551.311, Florida Statutes.
 8091         Section 112. Section 550.903, Florida Statutes, is
 8092  transferred and renumbered as section 551.312, Florida Statutes.
 8093         Section 113. Section 550.904, Florida Statutes, is
 8094  transferred, renumbered as section 551.313, Florida Statutes,
 8095  and amended to read:
 8096         551.313 550.904 Entry into force.—This compact shall come
 8097  into force when enacted by any four states. Thereafter, this
 8098  compact shall become effective in any other state upon that
 8099  state’s enactment of this compact and upon the affirmative vote
 8100  of a majority of the officials on the compact committee as
 8101  provided in s. 551.318 s. 550.909.
 8102         Section 114. Section 550.905, Florida Statutes, is
 8103  transferred and renumbered as section 551.314, Florida Statutes.
 8104         Section 115. Section 550.906, Florida Statutes, is
 8105  transferred and renumbered as section 551.315, Florida Statutes.
 8106         Section 116. Section 550.907, Florida Statutes, is
 8107  transferred and renumbered as section 551.316, Florida Statutes.
 8108         Section 117. Section 550.908, Florida Statutes, is
 8109  transferred and renumbered as section 551.317, Florida Statutes.
 8110         Section 118. Section 550.909, Florida Statutes, is
 8111  transferred and renumbered as section 551.318, Florida Statutes.
 8112         Section 119. Section 550.910, Florida Statutes, is
 8113  transferred and renumbered as section 551.319, Florida Statutes.
 8114         Section 120. Section 550.911, Florida Statutes, is
 8115  transferred and renumbered as section 551.32, Florida Statutes.
 8116         Section 121. Section 550.912, Florida Statutes, is
 8117  transferred and renumbered as section 551.321, Florida Statutes,
 8118  and paragraph (b) of subsection (1) of that section is amended
 8119  to read:
 8120         551.321 550.912 Rights and responsibilities of each party
 8121  state.—
 8122         (1) By enacting this compact, each party state:
 8123         (b) Agrees not to treat a notification to an applicant by
 8124  the compact committee described in s. 551.317 s. 550.908 as the
 8125  denial of a license, or to penalize such an applicant in any
 8126  other way based solely on such a decision by the compact
 8127  committee.
 8128         Section 122. Section 550.913, Florida Statutes, is
 8129  transferred and renumbered as section 551.322, Florida Statutes.
 8130         Section 123. Part VI of chapter 551, Florida Statutes,
 8131  consisting of sections 551.401-551.45, Florida Statutes, is
 8132  created and entitled “Destination Casino Resorts.
 8133         Section 124. The Legislature intends to provide additional
 8134  entertainment choices for the residents of and visitors to this
 8135  state, to promote tourism, and to provide additional state
 8136  revenues by authorizing the playing of certain games at
 8137  facilities known as destination casino resorts. This section is
 8138  intended to ensure public confidence in the integrity of
 8139  authorized destination casino resort operations by strictly
 8140  regulating all facilities, persons, and procedures related to
 8141  destination casino resorts. The Legislature intends that the
 8142  number of destination casino resort licenses issued in this
 8143  state be restricted to enhance their economic impact in this
 8144  state and to the host communities.
 8145         Section 125. Section 551.401, Florida Statutes, is created
 8146  to read:
 8147         551.401 Definitions.—As used in this part, the term:
 8148         (1) “Ancillary areas,” unless the context otherwise
 8149  requires, includes the following areas within a gaming facility:
 8150         (a) A reception or information counter.
 8151         (b) An area designated for the serving or consumption of
 8152  food and beverages.
 8153         (c) An area designated for retail space.
 8154         (d) An area designated for performances.
 8155         (e) An area designated for aesthetic or decorative
 8156  displays.
 8157         (f) A staircase, staircase landing, escalator, elevator,
 8158  and elevator lobby.
 8159         (g) A back-of-house facility not designated for use by
 8160  patrons.
 8161         (h) A bathroom.
 8162         (i) Any other area that is not intended to be used for the
 8163  conduct or playing of games or as a gaming pit as defined by
 8164  department rule or specified in an application for a destination
 8165  casino resort license.
 8166         (2) “Applicant,” as the context requires, means a person
 8167  who applies for a license to engage in activity regulated under
 8168  this part. A public body is prohibited from applying for a
 8169  destination casino resort license.
 8170         (3) “Credit” means the method by which a licensee issues
 8171  chips or tokens to a wagerer of the licensee to play games or
 8172  slot machines, in return for which the wagerer executes a credit
 8173  instrument to evidence the debt owed. The issuance of credit to
 8174  a wagerer is not deemed to be a loan from the licensee to the
 8175  wagerer.
 8176         (4) “Destination casino resort” means a freestanding, land
 8177  based structure that includes a gaming facility located in a
 8178  zoning district that allows mixed-use development, including but
 8179  not limited to, restaurants, commercial and retail facilities,
 8180  convention facilities, and buildings designed for permanent,
 8181  seasonal, or transient housing such as hotels and condominiums.
 8182         (5) “Destination casino resort license” means a license to
 8183  operate and maintain a destination casino resort that includes a
 8184  gaming facility.
 8185         (6) “Gaming” means the conducting of the following games by
 8186  licensed persons in a gaming facility in a destination casino
 8187  resort: baccarat, 21, poker, craps, slot machines, video games
 8188  of chance, roulette wheels, faro layout, or their common
 8189  variants. Any game of chance, wagering device, or form of gaming
 8190  must be expressly authorized by the Legislature.
 8191         (7) “Gaming employee” means an individual employed by a
 8192  destination casino resort and working in its gaming facility,
 8193  including, but not limited to:
 8194         (a) Cashiers.
 8195         (b) Change personnel.
 8196         (c) Count room personnel.
 8197         (d) Slot machine attendants.
 8198         (e) Hosts or other persons authorized to extend
 8199  complimentary services, including employees performing functions
 8200  similar to those performed by a representative for a junket
 8201  enterprise.
 8202         (f) Machine mechanics and computer technicians performing
 8203  duties on machines with gaming-related functions or table game
 8204  device technicians.
 8205         (g) Security personnel.
 8206         (h) Surveillance personnel.
 8207         (i) Promotional play supervisors, credit supervisors, game
 8208  pit supervisors, cashier supervisors, gaming shift supervisors,
 8209  table game managers, assistant managers, and other supervisors
 8210  and managers.
 8211         (j) Boxmen.
 8212         (k) Dealers or croupiers.
 8213         (l) Floormen.
 8214         (m) Personnel authorized to issue promotional credits.
 8215         (n) Personnel authorized to issue credit.
 8216         (o) Individuals who are employed by a person other than a
 8217  destination casino resort licensee and who perform a function of
 8218  a gaming employee specified under this subsection.
 8219  
 8220  The term does not include bartenders, cocktail servers, or other
 8221  persons engaged in preparing or serving food or beverages,
 8222  clerical or administrative personnel, parking attendants,
 8223  janitorial staff, stage hands, sound and light technicians, or
 8224  other nongaming personnel as determined by the department.
 8225         (8) “Gaming facility” means the gaming floor in which
 8226  gaming may be conducted and all ancillary areas.
 8227         (9) “Gaming floor” means the area exclusive of ancillary
 8228  areas in a gaming facility.
 8229         (10) “Gaming pit” means the area from which gaming
 8230  employees administer and supervise the games.
 8231         (11) “Gross gaming revenue” means the total receipts of
 8232  cash or cash equivalents received or retained from the conduct
 8233  of gaming by a destination casino resort licensee and the
 8234  compensation received for conducting any gaming in which the
 8235  destination casino resort licensee is not party to a wager. The
 8236  term does not include promotional credits or free play provided
 8237  by a destination casino resort licensee as a means of marketing
 8238  its gaming facility.
 8239         (12) “Institutional investor” means, but is not limited to:
 8240         (a) A retirement fund administered by a public agency for
 8241  the exclusive benefit of federal, state, or county public
 8242  employees.
 8243         (b) An employee benefit plan or pension fund that is
 8244  subject to the Employee Retirement Income Security Act of 1974.
 8245         (c) An investment company registered under the Investment
 8246  Company Act of 1940.
 8247         (d) A collective investment trust organized by a bank under
 8248  12 C.F.R. part 9, s. 9.18.
 8249         (e) A closed-end investment trust.
 8250         (f) A life insurance company or property and casualty
 8251  insurance company.
 8252         (g) A financial institution.
 8253         (h) An investment advisor registered under 15 U.S.C. s.
 8254  80b-1-80b-21, the Investment Advisers Act of 1940.
 8255         (i) Such other persons as the department may determine for
 8256  reasons consistent with the policies of this part.
 8257         (13) “Junket enterprise” means any person who, for
 8258  compensation, employs or otherwise engages in the procurement or
 8259  referral of persons for a junket to a destination casino resort
 8260  licensed under this part regardless of whether those activities
 8261  occur within this state. The term does not include a destination
 8262  casino resort licensee or applicant for a destination casino
 8263  resort license or a person holding an occupational license.
 8264         (14) “License,” as the context requires, means a
 8265  destination casino resort license, supplier license,
 8266  manufacturer license, or occupational license.
 8267         (15) “Licensee,” as the context requires, means a person
 8268  who is licensed as a destination casino resort licensee,
 8269  supplier licensee, manufacturer licensee, or occupational
 8270  licensee.
 8271         (16) “Managerial employee” means an employee who performs a
 8272  job that is not of a routine, clerical, or ministerial nature
 8273  and who exercises independent judgment in the performance of his
 8274  or her job.
 8275         (17) “Occupational licensee” means a person who is licensed
 8276  to be a gaming employee.
 8277         (18) “Qualifier” means an affiliate, affiliated company,
 8278  officer, director, or managerial employee of an applicant for a
 8279  destination casino resort license, or a person who holds a
 8280  direct or indirect equity interest in the applicant. The term
 8281  may include an institutional investor. As used in this
 8282  subsection, the terms “affiliate,” “affiliated company,” and “a
 8283  person who holds a direct or indirect equity interest in the
 8284  applicant” do not include a partnership, a joint venture
 8285  relationship, a shareholder of a corporation, a member of a
 8286  limited liability company, or a partner in a limited liability
 8287  partnership that has a direct or indirect equity interest in the
 8288  applicant for a destination casino resort license of 5 percent
 8289  or less and is not involved in the gaming operations as defined
 8290  by department rule.
 8291         (19) “Supplier licensee” or “supplier” means a person who
 8292  is licensed to furnish gaming equipment, devices, supplies, or
 8293  other goods or services to a destination casino resort licensee.
 8294         (20)“Tournament” means an organized series of contests
 8295  approved by the department in which an overall winner is
 8296  ultimately determined.
 8297         (21) “Wagerer” means a person who plays a game at a gaming
 8298  facility authorized under this part.
 8299         Section 126. Section 551.403, Florida Statutes, is created
 8300  to read:
 8301         551.403 Legislative authority; administration of part.—All
 8302  matters relating to gaming are preempted to the state, and a
 8303  county, municipality, or other political subdivision of the
 8304  state may not enact an ordinance relating to the conducting of
 8305  gaming authorized by this part. However, this part does not
 8306  prohibit a political subdivision of the state from requiring a
 8307  person to obtain an occupational license. The department shall
 8308  administer this part, including the assessment of fees or taxes.
 8309         Section 127. Section 551.405, Florida Statutes, is created
 8310  to read:
 8311         551.405 Authorization of gaming at destination casino
 8312  resorts.—The issuance of a destination casino resort license in
 8313  a county is conditioned upon a countywide referendum, as
 8314  follows:
 8315         (1) The board may issue an invitation to negotiate, receive
 8316  and evaluate applications, and select the best qualified
 8317  proposal for constructing and operating one destination resort
 8318  casino in Miami-Dade County as provided under this part. The
 8319  board may award a license only after the proposal is submitted
 8320  as a referendum in that county and approved by a majority of the
 8321  electors.
 8322         (2) The board may issue an invitation to negotiate, receive
 8323  and evaluate applications, and select the best qualified
 8324  proposal for constructing and operating one destination resort
 8325  casino in Broward County as provided under this part. The board
 8326  may award a license only after the proposal is submitted as a
 8327  referendum in that county and approved by a majority of the
 8328  electors.
 8329         (3) A destination casino resort licensee may possess
 8330  devices for and conduct gaming in the gaming facility at the
 8331  destination casino resort.
 8332         Section 128. Section 551.407, Florida Statutes, is created
 8333  to read:
 8334         551.407 Process for awarding destination casino resort
 8335  licenses.—
 8336         (1) The board shall adopt by rule an invitation to
 8337  negotiate process for determining the award of a destination
 8338  casino resort license. The application, review, and issuance
 8339  procedures for awarding a license shall be by a process in which
 8340  applicants rely on forms adopted by department rule in response
 8341  to an invitation to negotiate issued by the board.
 8342         (2) Proposals in response to the invitation to negotiate
 8343  must be received by the board no later than 90 days after the
 8344  issuance of the invitation to negotiate.
 8345         (3) The board may specify in its invitation to negotiate
 8346  the county in which a destination casino resort will be located.
 8347  When determining whether to authorize a destination casino
 8348  resort located within a specific county, the board shall hold a
 8349  public hearing in such county to discuss the proposals and
 8350  receive public comment.
 8351         (4) The board shall review all complete responses timely
 8352  received pursuant to an invitation to negotiate. The board may
 8353  commence negotiations with one or more applicants whose
 8354  proposals are determined to best meet the selection criteria
 8355  specified in s. 551.409.
 8356         (5) The board, by rule, may extend the deadlines
 8357  established under this section if it finds that the deadlines
 8358  cannot be met and identifies specific reasons why the deadlines
 8359  cannot be met.
 8360         (6)If the board does not award a destination casino resort
 8361  license at the conclusion of the process set forth in
 8362  subsections (1)-(5), the board may issue additional invitations
 8363  to negotiate, pursuant to deadlines established by the board.
 8364         Section 129. Section 551.409, Florida Statutes, is created
 8365  to read:
 8366         551.409 Criteria for the award of a destination casino
 8367  resort license.—
 8368         (1) The board shall consider awarding a destination casino
 8369  resort license to an applicant that demonstrates the ability to
 8370  meet the following minimum criteria:
 8371         (a) The capacity to increase tourism, generate jobs,
 8372  provide revenue to the local economy, and provide revenue to the
 8373  Gaming Control Trust Fund.
 8374         (b) A gaming floor that constitutes no more than 10 percent
 8375  of the destination casino resort’s proposed square footage for
 8376  which certificates of occupancy will be issued by the
 8377  appropriate local government authority before gaming is
 8378  conducted. A destination casino resort’s square footage is the
 8379  aggregate of the square footage of the improvements in the
 8380  mixed-use development for which certificates of occupancy will
 8381  be issued before gaming is conducted, which is owned or
 8382  controlled by the applicant or its affiliates, exclusive of
 8383  parking areas and accesses, but inclusive of the gaming facility
 8384  and other areas of the mixed-use development, such as
 8385  restaurants, commercial and retail facilities, convention
 8386  facilities, and buildings designed for permanent, seasonal or
 8387  transient housing located within a quarter mile of the main
 8388  entry door of the destination casino resort.
 8389         (c) A demonstrated history of, or a bona fide plan for,
 8390  community involvement or investment in the community where the
 8391  destination casino resort will be located.
 8392         (d)A demonstrated history of investment in the communities
 8393  in which its previous developments have been located.
 8394         (e) A demonstrated financial ability to purchase and
 8395  maintain an adequate surety bond.
 8396         (f) Demonstration of adequate capitalization to develop,
 8397  construct, maintain, and operate the proposed destination casino
 8398  resort and to responsibly meet its secured and unsecured debt
 8399  obligations in accordance with its financial and other
 8400  contractual agreements.
 8401         (g) Demonstrated ability to implement a program to train
 8402  and employ residents of this state for jobs that will be
 8403  available at the destination casino resort, including its
 8404  ability to implement a program for the training of low-income
 8405  persons.
 8406         (h)Demonstration of a plan to integrate with local
 8407  businesses in the community, including local restaurants,
 8408  hotels, and retail outlets.
 8409         (i)Demonstrated ability to build a premier destination
 8410  casino resort that offers a variety of high-quality amenities,
 8411  that will strengthen the state’s tourism industry, and that will
 8412  attract at least 50 percent of its patrons from out of state.
 8413         (j)Demonstration of its plan for contracting with local
 8414  business owners for the provision of goods and services,
 8415  including the development of plans designed to benefit
 8416  businesses locally and statewide.
 8417         (k) Demonstration of a commitment, as determined by the
 8418  board, to spend at least $2 billion for development and
 8419  construction of the proposed destination casino resort, which
 8420  may include improvements to property, furnishings, and other
 8421  equipment excluding any purchase price and costs associated with
 8422  the acquisition of real property on the destination casino
 8423  resort will be developed and any impact fees. Such expenditure,
 8424  in the aggregate, must be completed within 5 years after the
 8425  award of any such license, with supporting documentation
 8426  provided in a format adopted by department rule.
 8427         (l) Demonstrated ability to generate substantial gross
 8428  gaming revenue.
 8429         (m)Any other criteria the applicant deems necessary to
 8430  assist the board in its evaluation as outlined in this part.
 8431         (2)(a) The board shall evaluate applications using the
 8432  following weighted criteria:
 8433         1. Design and location: 20 percent.
 8434         a.The location shall be evaluated based on the ability of
 8435  the community to sustain such a development, support of the
 8436  local community for the development, and an analysis of the
 8437  revenue that will be generated by the destination casino resort.
 8438         b.Design shall be evaluated based on the potential
 8439  operator’s ability to integrate the facility’s design into the
 8440  local community and whether the size and scope of the project
 8441  can be properly integrated into the community..
 8442         c. The board may assess the quality of the aesthetic
 8443  appearance of the proposed destination casino resort in the
 8444  context of its potential to provide substantial economic
 8445  benefits to the community and the people of this state,
 8446  including, but not limited to, its potential to provide
 8447  substantial employment opportunities.
 8448         2. Management expertise and speed to market: 40 percent.
 8449  The criteria for evaluation shall be:
 8450         a.The applicant’s experience in building and managing a
 8451  destination casino resort the scope and size of the proposed
 8452  destination casino resort.
 8453         b.The applicant’s plan to build and manage the destination
 8454  casino resort and the operator’s timeline for completion of the
 8455  destination casino resort.
 8456         c.The applicant’s experience and plan to generate
 8457  nongaming revenue from other amenities of the destination casino
 8458  resort.
 8459         d.The applicant’s access to capital and financial ability
 8460  to construct the proposed project.
 8461         e.The evaluation of the criteria specified in paragraphs
 8462  (1)(a)-(k).
 8463         3. Generating tourism from out of state: 30 percent. The
 8464  criteria for evaluation shall be:
 8465         a.The applicant’s demonstrated history of attracting
 8466  visitors from out-of-state and international tourists.
 8467         b.The applicant’s history of attracting visitors to other
 8468  similar properties in an area.
 8469         c.The applicant’s plan for attracting visitors from out
 8470  of-state and generating international tourism.
 8471         d.The applicant’s plan for maximizing tourism to the
 8472  destination casino resort that will also attract visitors to
 8473  other properties in the local community.
 8474         4. Community enhancement plan: 10 percent. The criteria for
 8475  evaluation shall be:
 8476         a.The applicant’s demonstrated history of community
 8477  partnerships in local communities where it is located.
 8478         b.The applicant’s demonstrated plan to enhance the local
 8479  community where the destination casino resort will be located.
 8480         c.The applicant’s demonstrated plan for local hiring.
 8481         d.The applicant’s demonstrated history of working with
 8482  local schools and colleges to train prospective job applicants
 8483  for careers in the hospitality field.
 8484         e.The applicant’s demonstrated history of and plan for
 8485  diversity in hiring and purchasing from minority vendors.
 8486         (b) The board shall give preference to applicants that
 8487  demonstrate that:
 8488         1. The roads, water, sanitation, utilities, and related
 8489  services to the proposed location of the destination casino
 8490  resort are adequate and the proposed destination casino resort
 8491  will not unduly impact public services, existing transportation
 8492  infrastructure, consumption of natural resources, and the
 8493  quality of life enjoyed by residents of the surrounding
 8494  neighborhoods.
 8495         2. They will be able to commence construction as soon after
 8496  awarding of the destination casino resort license as possible,
 8497  but, in any event, no later than 12 months after the award of
 8498  the destination casino resort license.
 8499         3. The destination casino resort will include amenities and
 8500  uses that will allow other businesses to be included within the
 8501  destination casino resort.
 8502         4.The destination casino resort will promote local
 8503  businesses, including developing cross-marketing strategies with
 8504  local restaurants, small businesses, hotels, and retail outlets.
 8505         5.The destination casino resort will implement a workforce
 8506  development plan that utilizes the existing labor force,
 8507  including the estimated number of construction jobs the
 8508  destination casino resort will generate, the development of
 8509  workforce training programs that serve the unemployed, and
 8510  methods for accessing employment at the destination casino
 8511  resort development.
 8512         6.The destination casino resort will take measures to
 8513  address problem gambling, including, but not limited to,
 8514  training of gaming employees to identify patrons exhibiting
 8515  problems with gambling and providing prevention programs
 8516  targeted toward vulnerable populations.
 8517         7.The destination casino resort will provide a market
 8518  analysis detailing the benefits of the site location and the
 8519  estimated recapture rate of gaming-related spending by residents
 8520  traveling to out-of-state gaming establishments.
 8521         8.The destination casino resort will use sustainable
 8522  development principles.
 8523         9.The destination casino resort will contract with local
 8524  business owners for the provision of goods and services,
 8525  including developing plans designed to assist businesses in this
 8526  state in identifying the needs for goods and services to the
 8527  destination casino resort.
 8528         10.The destination casino resort will mitigate potential
 8529  impacts on the local community which might result from the
 8530  development or operation of the destination casino resort.
 8531         11.The destination casino resort will purchase and
 8532  install, whenever possible, domestically manufactured equipment.
 8533         12.The destination casino resort will implement a
 8534  marketing program that identifies specific goals, expressed as
 8535  an overall program goal applicable to the total dollar amount of
 8536  contracts, for the use of:
 8537         a. Minority business enterprises, women business
 8538  enterprises, and veteran business enterprises to participate as
 8539  contractors in the design of the development;
 8540         b. Minority business enterprises, women business
 8541  enterprises, and veteran business enterprises to participate as
 8542  contractors in the construction of the development; and
 8543         c. Minority business enterprises, women business
 8544  enterprises, and veteran business enterprises to participate as
 8545  vendors in the provision of goods and services procured by the
 8546  development and any businesses operated as part of the
 8547  development.
 8548         13.The destination casino resort will have public support
 8549  in the local community which may be demonstrated through public
 8550  comment received by the board or applicant.
 8551         (3) The gaming floor must be designed so that patrons of
 8552  the destination casino resort may have ingress and egress to the
 8553  gaming facility without accessing the gaming floor.
 8554         (4) A destination casino resort license may be issued only
 8555  to persons of good moral character who are at least 21 years of
 8556  age. A destination casino resort license may be issued to a
 8557  corporation only if its officers are of good moral character and
 8558  are at least 21 years of age.
 8559         (5) A destination casino resort license may not be issued
 8560  to an applicant if the applicant, qualifier, or institutional
 8561  investor:
 8562         (a) Has, within the last 5 years, been adjudicated by a
 8563  court or tribunal for failure to pay income, sales, or gaming
 8564  tax due and payable under any federal, state, or local law,
 8565  after exhaustion of all appeals or administrative remedies.
 8566         (b) Has been convicted of a felony under the laws of this
 8567  state, any other state, or the United States.
 8568         (c) Has been convicted of any violation under chapter 817
 8569  or under a substantially similar law of another jurisdiction.
 8570         (d) Knowingly submitted false information in the
 8571  application for the license.
 8572         (e) Is a member of the board or an employee of the
 8573  department.
 8574         (f) Was licensed to own or operate gaming or pari-mutuel
 8575  facilities in this state or another jurisdiction and had that
 8576  license revoked.
 8577         (g) Fails to meet any other criteria for licensure set
 8578  forth in this part.
 8579  
 8580  As used in this subsection, the term “convicted” includes an
 8581  adjudication of guilt on a plea of guilty or nolo contendere or
 8582  the forfeiture of a bond when charged with a crime.
 8583         Section 130. Section 551.41, Florida Statutes, is created
 8584  to read:
 8585         551.41 Application for destination casino resort license.—
 8586         (1) APPLICATION.—A reply submitted in response to an
 8587  invitation to negotiate must include a sworn application in the
 8588  format adopted by department rule. The application must include,
 8589  at a minimum, the following information:
 8590         (a)1. The name, business address, e-mail address, telephone
 8591  number, social security number, and, if applicable, federal tax
 8592  identification number of the applicant and each qualifier; and
 8593         2. Information, documentation, and assurances concerning
 8594  the applicant’s financial background and resources as required
 8595  to establish the financial stability, integrity, and
 8596  responsibility of the applicant. This includes business and
 8597  personal income and disbursement schedules, tax returns, and
 8598  other reports filed with governmental agencies, and business and
 8599  personal accounting, check records, and ledgers. In addition,
 8600  each applicant must provide written authorization for the
 8601  examination of all bank accounts and records as may be deemed
 8602  necessary by the board.
 8603         (b) The identity and, if applicable, the state of
 8604  incorporation or registration of any business in which the
 8605  applicant or a qualifier has an equity interest of more than 5
 8606  percent. If the applicant or qualifier is a corporation,
 8607  partnership, or other business entity, the applicant or
 8608  qualifier must identify any other corporation, partnership, or
 8609  other business entity in which it has an equity interest of more
 8610  than 5 percent, including, if applicable, the state of
 8611  incorporation or registration.
 8612         (c) Documentation, as required by the board, that the
 8613  applicant has received conceptual approval of the destination
 8614  casino resort proposal from the municipality and county in which
 8615  the destination casino resort will be located.
 8616         (d) A statement as to whether the applicant or a qualifier
 8617  has developed and operated a similar gaming facility within a
 8618  highly regulated domestic jurisdiction that allows similar forms
 8619  of development, including a description of the gaming facility,
 8620  the gaming facility’s gross gaming revenue, and the amount of
 8621  revenue the gaming facility has generated for state and local
 8622  governments within that jurisdiction.
 8623         (e) A statement as to whether the applicant or a qualifier
 8624  has been indicted, convicted of, pled guilty or nolo contendere
 8625  to, or forfeited bail for any felony or for a misdemeanor
 8626  involving gambling, theft, or fraud. The statement must include
 8627  the date, the name and location of the court, the arresting
 8628  agency, the prosecuting agency, the case caption, the docket
 8629  number, the nature of the offense, the disposition of the case,
 8630  and, if applicable, the location and length of incarceration.
 8631         (f) A statement as to whether the applicant or a qualifier
 8632  has ever been granted any license or certificate in any
 8633  jurisdiction which has been restricted, suspended, revoked, not
 8634  renewed, or otherwise subjected to discipline. The statement
 8635  must describe the facts and circumstances relating to that
 8636  restriction, suspension, revocation, nonrenewal, or discipline,
 8637  including the licensing authority, the date each action was
 8638  taken, and an explanation of the circumstances for each
 8639  disciplinary action.
 8640         (g) A statement as to whether, within the last 10 years,
 8641  the applicant or qualifier has, as a principal or a controlling
 8642  shareholder, filed for protection under the Federal Bankruptcy
 8643  Code or had an involuntary bankruptcy petition filed against it.
 8644         (h) A statement as to whether the applicant or qualifier
 8645  has, within the last 5 years, been adjudicated by a court or
 8646  tribunal for failure to pay any income, sales, or gaming tax due
 8647  and payable under federal, state, or local law, or under the
 8648  laws of any applicable foreign jurisdiction, after exhaustion of
 8649  all appeals or administrative remedies. This statement must
 8650  identify the amount and type of the tax and the time periods
 8651  involved and must describe the resolution of the nonpayment.
 8652         (i) A list of the full names and titles of any public
 8653  officials or officers of any unit of state government or of the
 8654  local government or governments in the county or municipality in
 8655  which the proposed destination casino resort is to be located,
 8656  and the spouses, parents, and children of those public officials
 8657  or officers, who, directly or indirectly, own any financial
 8658  interest in, have any beneficial interest in, are the creditors
 8659  of, hold any debt instrument issued by the applicant or a
 8660  qualifier, or hold or have an interest in any contractual or
 8661  service relationship with the applicant or qualifier. As used in
 8662  this paragraph, the terms “public official” and “officer” do not
 8663  include a person who would be listed solely because the person
 8664  is a member of the Florida National Guard.
 8665         (j) The name and business telephone number of, and a
 8666  disclosure of fees paid to any attorney, lobbyist, employee,
 8667  consultant, or other person who has represented the applicant’s
 8668  interests in the state for 3 years before the effective date of
 8669  this section or who is representing an applicant before the
 8670  department during the application process.
 8671         (k) A description of the applicant’s history of and
 8672  proposed plan for community involvement or investment in the
 8673  community where the destination casino resort would be located.
 8674         (l) A description of the applicant’s proposed destination
 8675  casino resort, including a map documenting the location of the
 8676  proposed destination casino resort within the specific county or
 8677  counties; a statement regarding the compliance of the applicant
 8678  with state, regional, and local planning and zoning
 8679  requirements; a description of the anticipated economic benefit
 8680  to the community in which the destination casino resort would be
 8681  located; the anticipated number of jobs generated by
 8682  construction of the destination casino resort; the anticipated
 8683  number of employees; a statement regarding how the applicant
 8684  would comply with federal and state affirmative action
 8685  guidelines; and a projection of gross gaming revenue.
 8686         (m) Proof that a countywide referendum has been approved
 8687  before the application deadline by the electors of the county
 8688  authorizing gaming as defined in this chapter in that county.
 8689         (n) A schedule or timeframe for completing the destination
 8690  casino resort.
 8691         (o) A plan for training residents for jobs at the
 8692  destination casino resort. The job-training plan must provide
 8693  training to enable low-income persons to qualify for jobs at the
 8694  destination casino resort.
 8695         (p) The identity of each person, association, trust,
 8696  corporation, or partnership having a direct or indirect equity
 8697  interest in the applicant of more than 5 percent. If disclosure
 8698  of a trust is required under this paragraph, the names and
 8699  addresses of the beneficiaries of the trust must also be
 8700  disclosed. If the identity of a corporation must be disclosed,
 8701  the names and addresses of all stockholders and directors must
 8702  also be disclosed. If the identity of a partnership must be
 8703  disclosed, the names and addresses of all partners, both general
 8704  and limited, must also be disclosed.
 8705         (q) A destination casino resort development plan and
 8706  projected investment of $2 billion pursuant to s. 551.409 for a
 8707  destination casino resort.
 8708         (r) The fingerprints of all officers or directors of the
 8709  applicant and qualifiers, and any persons exercising operational
 8710  or managerial control of the applicant, as determined by
 8711  department rule, for a criminal history record check.
 8712         (s) A statement outlining the organization’s diversity
 8713  plan.
 8714         (t) A listing of all gaming licenses and permits the
 8715  applicant or qualifier currently possesses.
 8716         (u) A listing of former or inactive officers, directors,
 8717  partners, and trustees.
 8718         (v) A listing of all affiliated business entities or
 8719  holding companies, including nongaming interests.
 8720         (w) Any other information the board may deem appropriate or
 8721  require during the application process as provided by rule.
 8722         (2) DISCRETION TO REQUIRE INFORMATION.—The board may
 8723  require that additional information or documentation be included
 8724  in an application for a destination casino resort license or in
 8725  an application to renew a destination casino resort license.
 8726  Such documentation and information may relate to: demographics,
 8727  education, work history, personal background, criminal history,
 8728  credit history, finances, business information, complaints,
 8729  inspections, investigations, discipline, bonding, photographs,
 8730  performance periods, reciprocity, local government approvals,
 8731  supporting documentation, periodic reporting requirements, and
 8732  fingerprint requirements.
 8733         (3) DUTY TO SUPPLEMENT APPLICATION.—The application shall
 8734  be supplemented as needed to reflect any material change in any
 8735  circumstance or condition stated in the application which takes
 8736  place between the initial filing of the application and the
 8737  final grant or denial of the license. Any submission required to
 8738  be in writing may also be required by the department to be made
 8739  by electronic means.
 8740         (4) INVESTIGATIVE AND INITIAL LICENSE FEES.—
 8741         (a) The application for a destination casino resort license
 8742  must be submitted along with a nonrefundable investigative fee
 8743  of $1 million to be used by the department to defray costs
 8744  associated with the evaluation and investigation of the
 8745  applicant and each qualifier. If the cost of the evaluation and
 8746  investigation exceeds $1 million, the applicant must pay an
 8747  additional investigative fee not to exceed $250,000 to the
 8748  department within 30 days after the receipt of a request for the
 8749  additional investigative fee, or the application shall be denied
 8750  without a refund of the initial investigative fee.
 8751         (b) The application for a destination casino resort license
 8752  must be submitted with an initial license fee of $125 million.
 8753  If the application is denied, the department must refund the
 8754  initial license fee within 60 days after the denial. If the
 8755  applicant withdraws the application after the deadline for
 8756  submission of applications, the department must refund 80
 8757  percent of the initial license fee within 60 days after the
 8758  application is withdrawn.
 8759         (c)All fees collected under this subsection shall be
 8760  deposited into the Gaming Control Trust Fund.
 8761         Section 131. Section 551.411, Florida Statutes, is created
 8762  to read:
 8763         551.411 Incomplete applications.—
 8764         (1) An incomplete application for a destination casino
 8765  resort license may be grounds for the denial of the application.
 8766         (2)(a) If the department determines that an application for
 8767  a destination casino resort license is incomplete, the executive
 8768  director shall immediately provide written notice to the
 8769  applicant of the incomplete items. The applicant may then
 8770  request an informal conference with the executive director or
 8771  his or her designee to discuss the application.
 8772         (b) The executive director may provide the applicant an
 8773  extension of 30 days to complete the application following the
 8774  date of the informal conference. If the executive director finds
 8775  that the application has not been completed within the
 8776  extension, the applicant may appeal the finding to the board.
 8777  During an extension or the pendency of an appeal to the board,
 8778  the award of destination casino resort licenses in the
 8779  applicable county is stayed.
 8780         Section 132. Section 551.413, Florida Statutes, is created
 8781  to read:
 8782         551.413 Lenders and underwriters; exemption as qualifiers.
 8783  A bank, lending institution, or underwriter in connection with
 8784  any bank or lending institution that, in the ordinary course of
 8785  business, makes a loan to, or holds a security interest in, a
 8786  licensee or applicant, a supplier licensee or applicant or its
 8787  subsidiary, or direct or indirect parent company of any such
 8788  bank, lending institution, or underwriter is not a qualifier and
 8789  is not required to be licensed.
 8790         Section 133. Section 551.414, Florida Statutes, is created
 8791  to read:
 8792         551.414 Conditions for a destination casino resort
 8793  license.—As a condition to licensure and to maintain continuing
 8794  authority to conduct gaming, a licensee must:
 8795         (1) Comply with this part and rules adopted by the
 8796  department to administer this part.
 8797         (2) Allow the department and the Department of Law
 8798  Enforcement unrestricted access to and right of inspection of
 8799  facilities of the licensee in which any activity relative to the
 8800  conduct of gaming is conducted.
 8801         (3) Complete the destination casino resort in accordance
 8802  with the plans and timeframe proposed in its application, unless
 8803  an extension is granted by the board. The board may grant such
 8804  an extension, not to exceed 1 year after the original planned
 8805  completion date, upon good cause shown by the licensee.
 8806         (4) Ensure that the facilities-based computer system that
 8807  the licensee will use for operational and accounting functions
 8808  of the destination casino resort is specifically structured to
 8809  facilitate regulatory oversight. The facilities-based computer
 8810  system shall be designed to provide the department with the
 8811  ability to monitor, at any time on a real-time basis, the
 8812  wagering patterns, payouts, tax collection, and such other
 8813  operations as necessary to determine whether the destination
 8814  casino resort is in compliance with statutory provisions and
 8815  rules adopted by the department for the regulation and control
 8816  of gaming. The department shall have complete and continuous
 8817  access to this system. Such access shall include the ability of
 8818  either the department or its agents to suspend play immediately
 8819  on particular slot machines or gaming devices if monitoring of
 8820  the system indicates possible tampering or manipulation of those
 8821  slot machines or gaming devices or the ability to suspend play
 8822  immediately of the entire operation if the tampering or
 8823  manipulation is of the computer system itself. The computer
 8824  system shall be reviewed and approved by the department to
 8825  ensure necessary access, security, and functionality. However,
 8826  the department may not alter any data. The department may adopt
 8827  rules to provide for the approval process.
 8828         (5) Ensure that each table game, slot machine, or other
 8829  gaming device is protected from manipulation or tampering that
 8830  may affect the random probabilities of winning plays. The
 8831  department or its agents may suspend play upon reasonable
 8832  suspicion of any manipulation or tampering. If play has been
 8833  suspended on any table game, slot machine, or other gaming
 8834  device, the department or its agents may conduct an examination
 8835  to determine whether the table game, machine, or other gaming
 8836  device has been tampered with or manipulated and whether the
 8837  table game, machine, or other gaming device should be returned
 8838  to operation.
 8839         (6) Submit a security plan, including the facilities’ floor
 8840  plans, the locations of security cameras, and a listing of all
 8841  security equipment that is capable of observing and
 8842  electronically recording activities being conducted in the
 8843  facilities of the licensee. The security plan must meet the
 8844  minimum security requirements as determined by the department
 8845  and be implemented before the operation of gaming. The
 8846  licensee’s facilities must adhere to the security plan at all
 8847  times. Any changes to the security plan must be submitted by the
 8848  licensee to the department before implementation.
 8849         (7) Create and file with the board a written policy for:
 8850         (a) Creating opportunities to purchase from vendors in this
 8851  state.
 8852         (b) Creating opportunities for the employment of residents
 8853  of this state.
 8854         (c) Ensuring opportunities for obtaining construction
 8855  services from residents and vendors in this state.
 8856         (d) Ensuring that opportunities for employment are offered
 8857  on an equal, nondiscriminatory basis.
 8858         (e) Training employees on responsible gaming and working
 8859  with a compulsive or addictive gambling prevention program.
 8860         (f) Implementing a drug-testing program for each
 8861  occupational licensee which includes, but is not limited to,
 8862  requiring such person to sign an agreement that he or she
 8863  understands that the gaming facility is a drug-free workplace.
 8864         (g) Using available Internet-based job-listing systems
 8865  offered by the state in advertising employment opportunities.
 8866         (h) Ensuring that the payout percentage of each slot
 8867  machine is at least 85 percent.
 8868         (8) File with the board detailed documentation of the
 8869  applicant’s, its affiliates’, or any holding company’s history
 8870  of using labor in any jurisdiction that would fall outside the
 8871  ages defined in chapter 450.
 8872         (9) Keep and maintain permanent daily records of its gaming
 8873  operations and maintain such records for a period of not less
 8874  than 5 years. These records must include all financial
 8875  transactions and contain sufficient detail to determine
 8876  compliance with the requirements of this part. All records shall
 8877  be available for audit and inspection by the department, its
 8878  agents, or other law enforcement agencies during the licensee’s
 8879  regular business hours.
 8880         (10)Maintain a designated gaming floor that is segregated
 8881  from the rest of the destination casino resort facility so that
 8882  patrons may have ingress and egress to the destination casino
 8883  resort facility without entering the designated gaming floor.
 8884         Section 134. Section 551.415, Florida Statutes, is created
 8885  to read:
 8886         551.415 Surety bond.—A destination casino resort licensee
 8887  must, at its own cost and expense, before the license is
 8888  delivered, give a bond in a penal sum to be determined by the
 8889  board payable to the Governor of the state and his or her
 8890  successors in office. The bond must be issued by a surety or
 8891  sureties approved by the board and the bond must be conditioned
 8892  on the licensee faithfully making all required payments required
 8893  under this part, keeping the licensee’s books and records, and
 8894  making reports as provided, and conducting its gaming activities
 8895  in conformity with this part. The board shall fix the amount of
 8896  the bond at the total amount of annual license fees and the
 8897  taxes estimated to become due as determined by the board. In
 8898  lieu of a bond, an applicant or licensee may deposit with the
 8899  department a like amount of funds, a savings certificate, a
 8900  certificate of deposit, an investment certificate, or a letter
 8901  of credit from a bank, savings bank, credit union, or savings
 8902  and loan association situated in this state which meets the
 8903  requirements set for that purpose by the department. If security
 8904  is provided in the form of a savings certificate, a certificate
 8905  of deposit, or an investment certificate, the certificate must
 8906  state that the amount is unavailable for withdrawal except upon
 8907  order of the board. The board may review the bond or other
 8908  security for adequacy and require adjustments, including
 8909  increasing the amount of the bond and other security. The
 8910  department may adopt rules to administer this section and
 8911  establish guidelines for such bonds or other securities.
 8912         Section 135. Section 551.416, Florida Statutes, is created
 8913  to read:
 8914         551.416 License fee; tax rate; disposition.—
 8915         (1) ANNUAL LICENSE FEE.—On the anniversary date of the
 8916  issuance of a destination casino resort license and annually
 8917  thereafter, the licensee shall pay to the department a
 8918  nonrefundable annual license fee of $5 million. The license
 8919  shall be renewed annually unless the board has revoked the
 8920  license for a violation of this part or department rule. The
 8921  license fee shall be deposited into the Gaming Control Trust
 8922  Fund for the purpose of enabling the department to carry out its
 8923  duties and responsibilities under this part.
 8924         (2) GROSS GAMING REVENUE TAX.—
 8925         (a) Each licensee shall pay to the state a tax on its gross
 8926  gaming revenue. The gaming tax rate shall be 35 percent of gross
 8927  gaming revenue. Payment for the tax imposed by this section
 8928  shall be paid to the department. Annual license fees paid
 8929  pursuant to this section and payments for the treatment of
 8930  compulsive or addictive gambling pursuant to s. 551.44 may be
 8931  applied as credits against the tax on gross gaming revenue.
 8932         (b)The licensee shall remit to the department payment for
 8933  the gaming tax by 3 p.m. on the 5th day of each calendar month.
 8934  If the 5th day of the calendar month falls on a weekend,
 8935  payments shall be remitted by 3 p.m. on the first Monday
 8936  following the weekend. The licensee shall file a report under
 8937  oath by the 5th day of each calendar month for all taxes
 8938  remitted during the preceding calendar month. Such report shall
 8939  be made under oath showing all gaming activities for the
 8940  preceding calendar month and such other information as may be
 8941  required by department rule.
 8942         (c)The department may require licensees to remit taxes,
 8943  fees, fines, and assessments by electronic funds transfer.
 8944         (d) The gaming tax is in lieu of any other state taxes on
 8945  gross or adjusted gross gaming revenue of a licensee.
 8946         Section 136. Section 551.417, Florida Statutes, is created
 8947  to read:
 8948         551.417 Conduct of gaming.—
 8949         (1) Gaming may be conducted by a licensee, subject to the
 8950  following restrictions:
 8951         (a) The site of the gaming facility is limited to the
 8952  licensee’s site location as approved by the department.
 8953         (b) The department’s agents and employees may enter and
 8954  inspect a gaming facility or other ancillary areas in the
 8955  destination casino resort at any time for the purpose of
 8956  determining whether the licensee is in compliance with this
 8957  chapter.
 8958         (c) A licensee may lease or purchase gaming devices,
 8959  equipment, or supplies customarily used in conducting gaming
 8960  only from a licensed supplier.
 8961         (d) A licensee may not allow any form of wagering on games
 8962  except as authorized under this part.
 8963         (e) A licensee may receive wagers only from a person
 8964  physically present in the gaming facility.
 8965         (f) A licensee may not permit wagering using money or other
 8966  negotiable currency except for wagering on slot machines.
 8967         (g) A licensee may not permit a person who has not attained
 8968  21 years of age to engage in gaming or enter the gaming floor,
 8969  except for a gaming employee of the destination casino resort
 8970  licensee who is at least 18 years of age.
 8971         (h) A licensee may not sell or distribute outside the
 8972  gaming facility tokens, chips, or electronic cards used to make
 8973  wagers. The tokens, chips, or electronic cards may be purchased
 8974  by means of an agreement under which the licensee extends credit
 8975  to a wagerer. The tokens, chips, or electronic cards may be used
 8976  only for the purpose of making wagers on games within the gaming
 8977  facility.
 8978         (i) A licensee may not conduct business with a junket
 8979  enterprise, except for a junket operator employed full time by
 8980  that licensee.
 8981         (j) All gaming activities must be conducted in accordance
 8982  with department rule.
 8983         (k) Gaming may not be conducted by a destination casino
 8984  resort licensee until the destination casino resort is completed
 8985  according to the proposal approved by the board.
 8986         (2) A gaming facility may operate 24 hours per day, every
 8987  day of the year.
 8988         (3) A licensee may set the minimum and maximum wagers on
 8989  all games.
 8990         (4) A licensee shall give preference in employment,
 8991  reemployment, promotion, and retention to veterans and to the
 8992  persons included under s. 295.07(1) who possess the minimum
 8993  qualifications necessary to perform the duties of the positions
 8994  involved.
 8995         (5) A licensee and its affiliates, directors, and employees
 8996  are subject to all applicable federal, state, and local laws.
 8997  Such licensees, affiliates, directors, and employees shall
 8998  subject themselves to jurisdiction of the Federal Government and
 8999  the government of this state and acceptance of a license shall
 9000  be considered an affirmative waiver of extradition to the United
 9001  States from a foreign country.
 9002         (6)A licensee shall report any suspicious transaction or
 9003  activity to the department and other law enforcement agency, as
 9004  appropriate.
 9005         (7)A licensee may not install, own, or operate, or allow
 9006  another person to install, own, or operate on the premises of
 9007  the licensed facility a slot machine or table game that is
 9008  played with a device that allows a player to operate the slot
 9009  machine or table game by transferring funds electronically from
 9010  a debit card or credit card or by means of an electronic funds
 9011  transfer terminal. As used in this subsection, the term
 9012  “electronic funds transfer terminal” means an information
 9013  processing device or an automatic teller machine used for
 9014  executing deposit account transactions between financial
 9015  institutions and their account holders by either the direct
 9016  transmission of electronic impulses or the recording of
 9017  electronic impulses for delayed processing. The fact that a
 9018  device is used for other purposes does not prevent it from being
 9019  considered an electronic funds transfer terminal under this
 9020  definition.
 9021         (8)The board may renew a destination casino resort license
 9022  if the destination casino resort licensee has demonstrated an
 9023  effort to increase tourism, generate jobs, provide revenue to
 9024  the local economy, and provide revenue to the Gaming Control
 9025  Trust Fund.
 9026         (9) The board shall renew a destination casino resort
 9027  license if:
 9028         (a) The board has not suspended or revoked the license of
 9029  the licensee.
 9030         (b) The licensee continues to satisfy all the requirements
 9031  for licensure.
 9032         Section 137. Section 551.418, Florida Statutes, is created
 9033  to read:
 9034         551.418 Prohibited acts; penalties.—
 9035         (1)A person may not willfully:
 9036         (a)Fail to report, pay, or truthfully account for and
 9037  remit any fee, tax, or assessment imposed under this part; or
 9038         (b)Attempt in any manner to evade any fee, tax, or
 9039  assessment imposed under this part.
 9040         (2)A gaming employee, key employee, or any other person
 9041  may not allow a slot machine, table game, or table game device
 9042  to be operated, transported, repaired, or opened on the premises
 9043  of a licensed gaming facility by a person other than a person
 9044  licensed by the department under this part.
 9045         (3)A person may not manufacture, supply, or place slot
 9046  machines, table games, table game devices, or associated
 9047  equipment into play or display slot machines, table games, table
 9048  game devices, or associated equipment on the premises of a
 9049  gaming facility without the license required under this part.
 9050         (4)A licensee may not manufacture, supply, operate, carry
 9051  on, or expose for play any slot machine, table game, table game
 9052  device, or associated equipment after the person’s license has
 9053  expired and before the actual renewal of the license.
 9054         (5)Except as set forth in this subsection, a person on the
 9055  premises of a licensed gaming facility may not knowingly use
 9056  currency other than lawful coin or legal tender of the United
 9057  States or a coin not of the same denomination as the coin
 9058  intended to be used in a slot machine with the intent to cheat
 9059  or defraud a destination casino resort licensee or the
 9060  department or damage the slot machine. In the playing of a slot
 9061  machine, a person may use gaming billets, tokens, or similar
 9062  objects issued by the destination casino resort licensee which
 9063  are approved by the board.
 9064         (6)Except for an authorized employee of a licensee or the
 9065  department who is performing duties of employment, a person may
 9066  not use or possess a cheating or thieving device, a counterfeit
 9067  or altered billet, a ticket, a token, or similar objects
 9068  accepted by a slot machine, or counterfeit or altered slot
 9069  machine-issued tickets or vouchers at a licensed gaming
 9070  facility.
 9071         (7)A person may not use or possess counterfeit, marked,
 9072  loaded, or tampered with table game devices or associated
 9073  equipment, chips, or other cheating devices in the conduct of
 9074  gaming under this part, except that an authorized employee of a
 9075  licensee or of the department may possess and use counterfeit
 9076  chips, table game devices, or associated equipment that has been
 9077  marked, loaded, or tampered with, or other cheating devices in
 9078  the performance of duties of employment for training,
 9079  investigative, or testing purposes only.
 9080         (8)A person may not knowingly, by a trick or sleight of
 9081  hand performance or by fraud or fraudulent scheme, table game
 9082  device, or other device, for himself or herself or for another,
 9083  win or attempt to win any cash, property, or prize at a licensed
 9084  gaming facility or to reduce or attempt to reduce a losing
 9085  wager.
 9086         (9)Except for an authorized employee of a licensee or the
 9087  department who is performing duties of employment, a person may
 9088  not knowingly use or possess while on the premises of a licensed
 9089  gaming facility a key or device designed for the purpose of and
 9090  suitable for opening or entering any slot machine, drop box, or
 9091  coin box that is located in the licensed gaming facility.
 9092         (10)A person may not possess any device, equipment, or
 9093  material that the person knows has been manufactured,
 9094  distributed, sold, tampered with, or serviced in violation of
 9095  this part with the intent to use the device, equipment, or
 9096  material as though it had been manufactured, distributed, sold,
 9097  tampered with, or serviced pursuant to this part.
 9098         (11)A persona may not sell, offer for sale, represent, or
 9099  pass off as lawful any device, equipment, or material that the
 9100  person knows has been manufactured, distributed, sold, tampered
 9101  with, or serviced in violation of this part.
 9102         (12)A person may not work or be employed in a position
 9103  whose duties would require licensure under this part without
 9104  first obtaining the requisite license.
 9105         (13)A licensee may not employ or continue to employ a
 9106  person in a position whose duties require a license under this
 9107  part if the person:
 9108         (a)Is not licensed under this part; or
 9109         (b)Is prohibited from accepting employment from a
 9110  licensee.
 9111         (14)A person may not claim, collect, or take, or attempt
 9112  to claim, collect, or take, money or anything of value in or
 9113  from a slot machine, gaming table, or other table game device,
 9114  with the intent to defraud, or to claim, collect, or take an
 9115  amount greater than the amount won, or to manipulate with the
 9116  intent to cheat, any component of any slot machine, table game,
 9117  or table game device in a manner contrary to the designed and
 9118  normal operational purpose.
 9119         (15)A person who violates this section commits a
 9120  misdemeanor of the first degree, punishable as provided in s.
 9121  775.082 or s. 775.083. A person who is convicted of a second or
 9122  subsequent violation of this section commits a felony of the
 9123  third degree, punishable as provided in s. 775.082, s. 775.083,
 9124  or s. 775.084.
 9125         Section 138. Section 551.42, Florida Statutes, is created
 9126  to read:
 9127         551.42 Supplier licenses.—
 9128         (1) A person must have a supplier license in order to
 9129  furnish on a regular or continuing basis to a licensee or an
 9130  applicant for a license gaming equipment, devices, or supplies
 9131  or other goods or services regarding the operation of gaming at
 9132  a destination casino resort.
 9133         (2) An applicant for a supplier license must apply to the
 9134  department on forms adopted by department rule. The licensing
 9135  fee for the initial issuance and annual renewal of the license
 9136  shall be a scale of fees determined by department rule based on
 9137  the type of goods or service provided by the supplier but may
 9138  not exceed $25,000.
 9139         (3) An applicant for a supplier license must include in the
 9140  application the fingerprints of the persons identified by
 9141  department rule for the processing of state and national
 9142  criminal background and credit history record checks.
 9143         (4)(a) An applicant for a supplier license is not eligible
 9144  for licensure if:
 9145         1. A person for whom fingerprinting is required under
 9146  subsection (3) has been convicted of a felony under the laws of
 9147  this state, any other state, or the United States;
 9148         2. The applicant knowingly submitted false information in
 9149  the application for a supplier license;
 9150         3. The applicant is a member of the board or an employee of
 9151  the department;
 9152         4. The applicant is not a natural person and an officer,
 9153  director, or managerial employee of that person is a person
 9154  described in subparagraphs 1.-3.;
 9155         5. The applicant is not a natural person and an employee of
 9156  the applicant participates in the management or operation of
 9157  gaming authorized under this part; or
 9158         6. The applicant has had a license to own or operate a
 9159  destination casino resort licensee or pari-mutuel facility in
 9160  this state, or a similar license in any other jurisdiction,
 9161  revoked.
 9162         (b) The department may revoke a supplier license at any
 9163  time it determines that the licensee no longer satisfies the
 9164  eligibility requirements in this subsection.
 9165         (5) The department may deny an application for a supplier
 9166  license for any person who:
 9167         (a) Is not qualified to perform the duties required of a
 9168  licensee;
 9169         (b) Fails to disclose information or knowingly submits
 9170  false information in the application;
 9171         (c) Has violated this part or department rule; or
 9172         (d) Has had a gaming-related license or application
 9173  suspended, restricted, revoked, or denied for misconduct in any
 9174  other jurisdiction.
 9175         (6) A supplier licensee shall:
 9176         (a) Furnish to the department a list of all equipment,
 9177  devices, and supplies it offers for sale or lease in connection
 9178  with gaming authorized in this part;
 9179         (b) Keep books and records documenting the furnishing of
 9180  gaming equipment, devices, and supplies to licensees separate
 9181  and distinct from any other business that the supplier operates;
 9182         (c) File quarterly returns with the department listing all
 9183  sales or leases of equipment, devices, or supplies to licensees;
 9184  and
 9185         (d) Permanently affix its name to all equipment, devices,
 9186  or supplies sold or leased to licensees.
 9187         (7) All gaming equipment, devices, or supplies furnished by
 9188  a licensed supplier must conform to standards adopted by
 9189  department rule.
 9190         (8)(a) The department may suspend, revoke, or restrict the
 9191  supplier license of a licensee who:
 9192         1. Violates this part or department rule; or
 9193         2. Defaults on the payment of any obligation or debt due to
 9194  this state or a public body.
 9195         (b) The department must revoke the supplier license of a
 9196  licensee for any cause that, if known to the department, would
 9197  have disqualified the applicant from receiving a license.
 9198         (9) A supplier licensee may repair gaming equipment,
 9199  devices, or supplies in a facility owned or leased by the
 9200  licensee.
 9201         (10) Gaming devices, equipment, or supplies owned by a
 9202  supplier licensee which are used in an unauthorized gaming
 9203  operation shall be forfeited to the county where the equipment
 9204  is found.
 9205         (11) The department may revoke the license or deny the
 9206  application for a supplier license of a person who fails to
 9207  comply with this section.
 9208         (12) A person who knowingly makes a false statement on an
 9209  application for a supplier license commits a misdemeanor of the
 9210  first degree, punishable as provided in s. 775.082 or s.
 9211  775.083.
 9212         Section 139. Section 551.422, Florida Statutes, is created
 9213  to read:
 9214         551.422 Manufacturer licenses.—
 9215         (1)A person seeking to manufacture slot machines, table
 9216  game devices, and associated equipment for use in this state
 9217  shall apply to the department for a manufacturer license.
 9218         (2)The licensing fee for the initial issuance and annual
 9219  renewal of the license shall be based on a scale of fees
 9220  determined by department rule based on the type of goods or
 9221  service provided by the manufacturer but may not exceed
 9222  $100,000.
 9223         (3)An application for a manufacturer license shall be on a
 9224  form adopted by department rule, accompanied by the application
 9225  fee, and shall include all of the following:
 9226         (a)The name and business address of the applicant and the
 9227  applicant’s affiliates, intermediaries, subsidiaries, and
 9228  holding companies; the principals and key employees of each
 9229  business; and a list of employees and their positions within
 9230  each business, as well as any financial information required by
 9231  the department.
 9232         (b)A statement that the applicant and each affiliate,
 9233  intermediary, subsidiary, or holding company of the applicant
 9234  are not slot machine or destination casino resort licensees.
 9235         (c)The consent to a criminal background and credit history
 9236  investigation of the applicant, its principals, and key
 9237  employees or other persons required by the department and a
 9238  release to obtain any and all information necessary for the
 9239  completion of the criminal background and credit history
 9240  investigation.
 9241         (d)The details of any equivalent license granted or denied
 9242  by other jurisdictions where gaming activities as authorized by
 9243  this part are permitted and consent for the department to
 9244  acquire copies of applications submitted or licenses issued in
 9245  connection therewith.
 9246         (e)The type of slot machines, table game devices, or
 9247  associated equipment to be manufactured or repaired.
 9248         (f)Any other information determined by the department to
 9249  be appropriate.
 9250         (4)Upon being satisfied that the requirements of
 9251  subsection (3) have been met, the department may approve the
 9252  application and grant the applicant a manufacturer license
 9253  consistent with all of the following:
 9254         (a)The initial license shall be for a period of 1 year,
 9255  and, if approved under subsection (6), the license renewal shall
 9256  be for a period of 1 year. This paragraph does not relieve the
 9257  licensee of the affirmative duty to notify the department of any
 9258  changes relating to the status of its license or to any other
 9259  information contained in application materials on file with the
 9260  department.
 9261         (b)The license may not be transferable.
 9262         (c)The applicant must comply with any other condition
 9263  established by the department.
 9264         (5)In the event an applicant for a manufacturer license to
 9265  manufacture table game devices or associated equipment used in
 9266  connection with table games is licensed by the department under
 9267  this section to manufacture slot machines or associated
 9268  equipment used in connection with slot machines, the department
 9269  may determine to use an abbreviated process requiring only that
 9270  information determined by the department to be necessary to
 9271  consider the issuance of a license to manufacture table game
 9272  devices or associated equipment used in connection with table
 9273  games, including financial viability of the applicant. This
 9274  section may not be construed to waive any fees associated with
 9275  obtaining a license through the normal application process. The
 9276  department may use the abbreviated process only if all of the
 9277  following apply:
 9278         (a)The manufacturer license was issued by the department
 9279  within a 24-month period immediately preceding the date the
 9280  manufacturer licensee files an application to manufacture table
 9281  game devices or associated equipment.
 9282         (b)The person to whom the manufacturer license was issued
 9283  affirms there has not been a material change in circumstances
 9284  relating to the license.
 9285         (c)The department determines, in its sole discretion, that
 9286  there has not been a material change in circumstances relating
 9287  to the licensee which necessitates that the abbreviated process
 9288  not be used.
 9289         (6)Two months before the expiration of a manufacturer
 9290  license, the manufacturer licensee seeking renewal of its
 9291  license shall submit a renewal application accompanied by the
 9292  renewal fee to the department. If the renewal application
 9293  satisfies the requirements of this section and department rule,
 9294  the department may renew the licensee’s manufacturer license. If
 9295  the department receives a complete renewal application but the
 9296  department fails to act upon the renewal application before the
 9297  expiration of the manufacturer license, the manufacturer license
 9298  shall continue in effect for an additional 6-month period or
 9299  until acted upon by the department, whichever occurs first.
 9300         (7)The following shall apply to a licensed manufacturer:
 9301         (a)A manufacturer or its designee, as licensed by the
 9302  department, may supply or repair any slot machine, table game
 9303  device, or associated equipment manufactured by the manufacturer
 9304  if the manufacturer holds the appropriate manufacturer license.
 9305         (b)A manufacturer of slot machines may contract with a
 9306  supplier to provide slot machines or associated equipment to a
 9307  slot machine licensee within this state if the supplier is
 9308  licensed to supply slot machines or associated equipment used in
 9309  connection with slot machines.
 9310         (c)A manufacturer may contract with a supplier to provide
 9311  table game devices or associated equipment to a certificate
 9312  holder if the supplier is licensed to supply table game devices
 9313  or associated equipment used in connection with table games.
 9314         (8) A person may not manufacture slot machines, table game
 9315  devices, or associated equipment for use within this state by a
 9316  licensee unless the person has been issued the appropriate
 9317  manufacturer license under this section. Except for training
 9318  equipment conspicuously identified as required by department
 9319  rule, a licensee may not use slot machines, table game devices,
 9320  or associated equipment unless the slot machines, table game
 9321  devices, or associated equipment were manufactured by a person
 9322  who has been issued the appropriate manufacturer license under
 9323  this section.
 9324         (9) The department may revoke the license or deny the
 9325  application for a manufacturer license of a person who fails to
 9326  comply with this section.
 9327         (10) A person who knowingly makes a false statement on an
 9328  application for a manufacturer license commits a misdemeanor of
 9329  the first degree, punishable as provided in s. 775.082 or s.
 9330  775.083.
 9331         Section 140. Section 551.424, Florida Statutes, is created
 9332  to read:
 9333         551.424 Occupational licenses.—
 9334         (1) The Legislature finds that, due to the nature of their
 9335  employment, some gaming employees require heightened state
 9336  scrutiny, including licensing and criminal history record
 9337  checks.
 9338         (2) Any person who desires to be a gaming employee and has
 9339  a bona fide offer of employment from a licensed gaming facility
 9340  shall apply to the department for an occupational license. A
 9341  person may not be employed as a gaming employee unless that
 9342  person holds an appropriate occupational license issued under
 9343  this section. The department may adopt rules to reclassify a
 9344  category of nongaming employees or gaming employees upon a
 9345  finding that the reclassification is in the public interest and
 9346  consistent with the objectives of this part.
 9347         (3) An applicant for an occupational license must apply to
 9348  the department on forms adopted by department rule. An
 9349  occupational license is valid for 4 years following issuance.
 9350  The application must be accompanied by the licensing fee set by
 9351  the department. The licensing fee may not exceed $250 for an
 9352  employee of a destination casino resort licensee.
 9353         (a) The applicant shall set forth in the application
 9354  whether the applicant:
 9355         1. Has been issued a gaming-related license in any
 9356  jurisdiction.
 9357         2. Has been issued a gaming-related license in any other
 9358  jurisdiction under any other name and, if so, the name and the
 9359  applicant’s age at the time of licensure.
 9360         3. Has had a permit or license issued by another
 9361  jurisdiction suspended, restricted, or revoked and, if so, for
 9362  what period of time.
 9363         (b) An applicant for an occupational license must include
 9364  his or her fingerprints in the application.
 9365         (4) To be eligible for an occupational license, an
 9366  applicant must:
 9367         (a) Be at least 21 years of age to perform any function
 9368  directly relating to gaming by patrons;
 9369         (b) Be at least 18 years of age to perform nongaming
 9370  functions;
 9371         (c) Not have been convicted of a felony or a crime
 9372  involving dishonesty or moral turpitude in any jurisdiction; and
 9373         (d) Meet the standards for the occupational license as
 9374  provided in department rule.
 9375         (5) The department shall deny an application for an
 9376  occupational license for any person who:
 9377         (a) Is not qualified to perform the duties required of a
 9378  licensee;
 9379         (b) Fails to disclose or knowingly submits false
 9380  information in the application;
 9381         (c) Has violated this part; or
 9382         (d) Has had a gaming-related license or application
 9383  suspended, revoked, or denied in any other jurisdiction.
 9384         (6)(a) The department may suspend, revoke, or restrict the
 9385  occupational license of a licensee:
 9386         1. Who violates this part or department rule;
 9387         2. Who defaults on the payment of any obligation or debt
 9388  due to this state or a county; or
 9389         3. For any just cause.
 9390         (b) The department shall revoke the occupational license of
 9391  a licensee for any cause that, if known to the department, would
 9392  have disqualified the applicant from receiving a license.
 9393         (7) Any training provided for an occupational licensee may
 9394  be conducted in the gaming facility of a destination casino
 9395  resort licensee or at a school with which the licensee has
 9396  entered into an agreement for that purpose.
 9397         (8) A licensed travel agent whose board or compensation
 9398  from a licensee is derived solely from the price of the
 9399  transportation or lodging arranged for by the travel agent is
 9400  not required to have an occupational license.
 9401         (9) A person who knowingly makes a false statement on an
 9402  application for an occupational license commits a misdemeanor of
 9403  the first degree, punishable as provided in s. 775.082 or s.
 9404  775.083.
 9405         Section 141. Section 551.426, Florida Statutes, is created
 9406  to read:
 9407         551.426 Temporary supplier license; temporary occupational
 9408  license.—
 9409         (1) Upon the written request of an applicant for a supplier
 9410  license or an occupational license, the executive director shall
 9411  issue a temporary license to the applicant and permit the
 9412  applicant to undertake employment with or provide gaming
 9413  equipment, devices, or supplies or other goods or services to a
 9414  gaming facility or an applicant for a destination casino resort
 9415  if:
 9416         (a) The applicant has submitted a completed application, an
 9417  application fee, all required disclosure forms, and other
 9418  required written documentation and materials;
 9419         (b) A preliminary review of the application and the
 9420  criminal history record check does not reveal that the applicant
 9421  or a person subject to a criminal history record check has been
 9422  convicted of a crime that would require denial of the
 9423  application;
 9424         (c) A deficiency does not appear to exist in the
 9425  application which may require denial of the application; and
 9426         (d) The applicant has an offer of employment from, or an
 9427  agreement to begin providing gaming devices, equipment, or
 9428  supplies or other goods and services to, a destination casino
 9429  resort licensee or an applicant for a destination casino resort
 9430  license, or the applicant for a temporary license shows good
 9431  cause for being granted a temporary license.
 9432         (2) An initial temporary occupational license or supplier’s
 9433  license may not be valid for more than 90 days; however, a
 9434  temporary occupational license may be renewed one time for an
 9435  additional 90 days.
 9436         (3) An applicant who receives a temporary license may
 9437  undertake employment with or supply a destination casino resort
 9438  licensee with gaming devices, equipment, or supplies or other
 9439  goods or services until a license is issued or denied or until
 9440  the temporary license expires or is suspended or revoked.
 9441         Section 142. Section 551.428, Florida Statutes, is created
 9442  to read:
 9443         551.428 Resolution of disputes between licensees and
 9444  wagerers.—
 9445         (1)(a) The licensee must immediately notify the department
 9446  of a dispute whenever a licensee has a dispute with a wagerer
 9447  which is not resolved to the satisfaction of the patron if the
 9448  amount disputed is $500 or more and involves:
 9449         1. Alleged winnings, alleged losses, or the award or
 9450  distribution of cash, prizes, benefits, tickets, or any other
 9451  item in a game, tournament, contest, drawing, promotion, race,
 9452  or similar activity or event; or
 9453         2. The manner in which a game, tournament, contest,
 9454  drawing, promotion, race, or similar activity or event was
 9455  conducted.
 9456         (b) If the dispute involves an amount less than $500, the
 9457  licensee must immediately notify the wagerer of his or her right
 9458  to file a complaint with the department.
 9459         (2) Upon notice of a dispute or receipt of a complaint, the
 9460  department shall conduct any investigation it deems necessary
 9461  and may order the licensee to make a payment to the wagerer upon
 9462  a finding that the licensee is liable for the disputed amount.
 9463  The decision of the department is effective on the date the
 9464  aggrieved party receives notice of the decision. Notice of the
 9465  decision is deemed sufficient if it is mailed to the last known
 9466  address of the licensee and the wagerer. The notice is deemed to
 9467  have been received by the licensee or the wagerer 5 days after
 9468  it is deposited with the United States Postal Service with
 9469  postage prepaid.
 9470         (3) The failure of a licensee to notify the department of
 9471  the dispute or the wagerer of the right to file a complaint is
 9472  grounds for disciplinary action.
 9473         (4) Gaming-related disputes may be resolved only by the
 9474  department and are not under the jurisdiction of state courts.
 9475         (5) This section may not be construed to deny a wagerer an
 9476  opportunity to make a claim in state court for nongaming-related
 9477  issues.
 9478         Section 143. Section 551.43, Florida Statutes, is created
 9479  to read:
 9480         551.43 Enforcement of credit instruments.—
 9481         (1) A credit instrument and the debt that instrument
 9482  represents are valid and may be enforced by legal process.
 9483         (2) A licensee may accept an incomplete credit instrument
 9484  that is signed by the patron and states the amount of the debt
 9485  in numbers and may complete the instrument as is necessary for
 9486  the instrument to be presented for payment.
 9487         (3) A licensee may accept a credit instrument that is
 9488  payable to an affiliate or may complete a credit instrument
 9489  payable to an affiliate if the credit instrument otherwise
 9490  complies with this section and the records of the affiliate
 9491  pertaining to the credit instrument are made available to the
 9492  department upon request.
 9493         (4) A licensee may accept a credit instrument before,
 9494  during, or after the patron incurs the debt. The credit
 9495  instrument and the debt that the instrument represents are
 9496  enforceable without regard to whether the credit instrument was
 9497  accepted before, during, or after the incurring of the debt.
 9498         (5) This section does not prohibit the establishment of an
 9499  account by a deposit of cash, recognized traveler’s check, or
 9500  any other instrument that is equivalent to cash.
 9501         (6) If a credit instrument is lost or destroyed, the debt
 9502  represented by the credit instrument may be enforced if the
 9503  destination casino resort licensee or person acting on behalf of
 9504  the licensee can prove the existence of the credit instrument.
 9505         (7) The existence of a mental disorder in a patron who
 9506  provides a credit instrument to a licensee:
 9507         (a) Is not a defense in any action by a licensee to enforce
 9508  a credit instrument or the debt that the credit instrument
 9509  represents.
 9510         (b) Is not a valid counterclaim in an action to enforce the
 9511  credit instrument or the debt that the credit instrument
 9512  represents.
 9513         (8) The failure of a licensee to comply with this section
 9514  or department rule does not invalidate a credit instrument or
 9515  affect its ability to enforce the credit instrument or the debt
 9516  that the credit instrument represents.
 9517         (9) The department may adopt rules prescribing the
 9518  conditions under which a credit instrument may be redeemed or
 9519  presented to a bank, credit union, or other financial
 9520  institution for collection or payment.
 9521         (10) A violation of these regulatory requirements only
 9522  states a basis for disciplinary action by the department.
 9523         Section 144. Section 551.44, Florida Statutes, is created
 9524  to read:
 9525         551.44 Compulsive or addictive gambling prevention.—
 9526         (1) A destination casino resort licensee shall offer
 9527  training to employees on responsible gaming and shall work with
 9528  a compulsive or addictive gambling prevention program to
 9529  recognize problem gaming situations and to implement responsible
 9530  gaming programs and practices.
 9531         (2) The department shall adopt by rule an invitation to
 9532  negotiate process for services for the treatment of compulsive
 9533  and addictive gambling.
 9534         (3) As a condition of licensing, each destination casino
 9535  resort licensee shall pay to the department, without proration,
 9536  $250,000 annually by June 30, to be used by the department for
 9537  services related to the treatment of compulsive or addictive
 9538  gambling.
 9539         Section 145. Section 551.445, Florida Statutes, is created
 9540  to read:
 9541         551.445 Voluntary self-exclusion from a gaming facility.—
 9542         (1) A person may request that he or she be excluded from
 9543  gaming facilities in this state by personally submitting a
 9544  request for self-exclusion from all gaming facilities on a form
 9545  adopted by department rule. At a minimum, the form must require
 9546  the person requesting exclusion to:
 9547         (a) State his or her:
 9548         1. Name, including any aliases or nicknames;
 9549         2. Date of birth;
 9550         3. Current residential address;
 9551         4.Current electronic mail address, if any;
 9552         5. Telephone number;
 9553         6. Social security number; and
 9554         7. Physical description, including height, weight, gender,
 9555  hair color, eye color, and any other physical characteristic
 9556  that may assist in the identification of the person.
 9557  
 9558  A self-excluded person must update the information in this
 9559  paragraph on forms or other methods provided by the department
 9560  within 30 days after any change.
 9561         (b) Select one of the following as the duration of the
 9562  self-exclusion:
 9563         1. One year.
 9564         2. Five years.
 9565         3. Lifetime.
 9566         (c) Execute a release in which the person does all of the
 9567  following:
 9568         1. Acknowledges that the request for exclusion has been
 9569  made voluntarily.
 9570         2. Certifies that the information provided in the request
 9571  for self-exclusion is true and correct.
 9572         3. Acknowledges that the person requesting self-exclusion
 9573  has a compulsive or addictive gambling problem.
 9574         4. Acknowledges that a person requesting a lifetime
 9575  exclusion will be included on the self-exclusion list maintained
 9576  by the department until the person’s death, or for 75 years from
 9577  the date of receipt by the department of the request for self
 9578  exclusion.
 9579         5.Acknowledges that a person requesting a 1-year or 5-year
 9580  exclusion will remain on the self-exclusion list maintained by
 9581  the department until a request for removal on a form adopted by
 9582  department rule is approved in writing.
 9583         6. Acknowledges that, if the person is discovered on the
 9584  gaming floor of a gaming facility, the person may be removed and
 9585  may be arrested and prosecuted for criminal trespass.
 9586         7. Releases, indemnifies, holds harmless, and forever
 9587  discharges the state, department, and all licensees from any
 9588  claims, damages, losses, expenses, or liability arising out of,
 9589  by reason of or relating to the self-excluded person or to any
 9590  other party for any harm, monetary or otherwise, which may arise
 9591  as a result of one or more of the following:
 9592         a. The failure of a licensee to withhold gaming privileges
 9593  from or restore gaming privileges to a self-excluded person.
 9594         b. Permitting or prohibiting a self-excluded person from
 9595  engaging in gaming activity in a gaming facility.
 9596         (2) A person submitting a self-exclusion request must
 9597  present to the department a photo identification issued by an
 9598  agency of the United States, or a state, or a political
 9599  subdivision thereof containing the person’s signature.
 9600         (3) A person requesting a self-exclusion request shall
 9601  submit a photograph or digital image of himself or herself as
 9602  required by department rule.
 9603         Section 146. Section 551.45, Florida Statutes, is created
 9604  to read:
 9605         551.45Annual report.—Beginning February 1, 2016, and
 9606  annually thereafter, the board shall file an annual report with
 9607  the Governor, the President of the Senate, and the Speaker of
 9608  the House of Representatives covering the previous fiscal year.
 9609  Each report must include:
 9610         (1) A statement of receipts and disbursements.
 9611         (2) A summary of disciplinary actions taken by the
 9612  department.
 9613         (3) Any additional information and recommendations that the
 9614  board believes may improve the regulation of gaming or increase
 9615  the economic benefits of gaming to this state.
 9616         Section 147. Part VII of chapter 551, Florida Statutes,
 9617  consisting of sections 551.50-551.56, is created and entitled
 9618  “MISCELLANEOUS GAMING.
 9619         Section 148. The amendments to the sections of chapter 849,
 9620  Florida Statutes, that are transferred, renumbered, and amended
 9621  in part VII of this act are not intended to authorize additional
 9622  games but rather to clarify current limitations under which
 9623  authorized games may be operated.
 9624         Section 149. Section 849.094, Florida Statutes, is
 9625  transferred, renumbered as section 551.50, Florida Statutes, and
 9626  amended to read:
 9627         551.50 849.094 Game promotion in connection with sale of
 9628  consumer products or services.—
 9629         (1) As used in this section, the term:
 9630         (a) “Game promotion” means, but is not limited to, a
 9631  contest, game of chance, sweepstakes, or gift enterprise,
 9632  conducted in this by an operator within or throughout the state
 9633  and other states in connection with and incidental to the sale
 9634  of consumer products or services, and in which the elements of
 9635  chance and prize are present. The term does However, “game
 9636  promotion” may not be construed to apply to bingo games
 9637  conducted pursuant to s. 849.0931.
 9638         (b) “Operator” means a retailer who operates a game
 9639  promotion or a any person, firm, corporation, organization, or
 9640  association, or an agent or employee thereof, who promotes,
 9641  operates, or conducts a nationally advertised game promotion.
 9642         (2) It is unlawful for any operator to:
 9643         (a) Design To design, engage in, promote, or conduct such a
 9644  game promotion, in connection with the promotion or sale of
 9645  consumer products or services, in which wherein the winner may
 9646  be predetermined or the game may be manipulated or rigged so as
 9647  to:
 9648         1. Allocate a winning game or any portion thereof to
 9649  certain lessees, agents, or franchises; or
 9650         2. Allocate a winning game or part thereof to a particular
 9651  period of the game promotion or to a particular geographic area;
 9652         (b) Arbitrarily to remove, disqualify, disallow, or reject
 9653  any entry;
 9654         (c) Fail To fail to award prizes offered;
 9655         (d) Print To print, publish, or circulate false, deceptive,
 9656  or misleading literature or advertising material used in
 9657  connection with such game promotions which is false, deceptive,
 9658  or misleading; or
 9659         (e) Require To require an entry fee, payment, or proof of
 9660  purchase as a condition of entering a game promotion.
 9661         (3) The operator of a game promotion in which the total
 9662  announced value of the prizes offered is greater than $5,000
 9663  shall file with the Department of Agriculture and Consumer
 9664  Services a copy of the rules and regulations of the game
 9665  promotion and a list of all prizes and prize categories offered
 9666  at least 7 days before the beginning commencement of the game
 9667  promotion. Such rules and regulations may not thereafter be
 9668  changed, modified, or altered. The operator of a game promotion
 9669  shall conspicuously post the rules and regulations of such game
 9670  promotion in each and every retail outlet or place where such
 9671  game promotion may be played or participated in by the public
 9672  and shall also publish the rules and regulations in all
 9673  advertising copy used in connection therewith. However, such
 9674  advertising copy need only include the material terms of the
 9675  rules and regulations if the advertising copy includes a website
 9676  address, a toll-free telephone number, or a mailing address
 9677  where the full rules and regulations will be made available may
 9678  be viewed, heard, or obtained for the full duration of the game
 9679  promotion. Written Such disclosures must be legible. Radio and
 9680  television announcements may indicate that the rules and
 9681  regulations are available at retail outlets or from the operator
 9682  of the promotion. A nonrefundable filing fee of $100 shall
 9683  accompany each filing and shall be used to pay the costs
 9684  incurred to administer and enforce in administering and
 9685  enforcing the provisions of this section.
 9686         (4)(a) The Every operator of such a game promotion in which
 9687  the total announced value of the prizes offered is greater than
 9688  $5,000 shall establish a trust account, in a national or state
 9689  chartered financial institution, with a balance sufficient to
 9690  pay or purchase the total value of all prizes offered. On a form
 9691  supplied by the Department of Agriculture and Consumer Services,
 9692  An official of the financial institution holding the trust
 9693  account shall specify, on a form supplied by the Department of
 9694  Agriculture and Consumer Services, set forth the dollar amount
 9695  of the trust account, the identity of the entity or individual
 9696  establishing the trust account, and the name of the game
 9697  promotion for which the trust account has been established. Such
 9698  form shall be filed with the Department of Agriculture and
 9699  Consumer Services at least 7 days before the beginning in
 9700  advance of the commencement of the game promotion. In lieu of
 9701  establishing such trust account, the operator may obtain a
 9702  surety bond in an amount equivalent to the total value of all
 9703  prizes offered; and such bond shall be filed with the Department
 9704  of Agriculture and Consumer Services at least 7 days before the
 9705  beginning in advance of the commencement of the game promotion.
 9706         1. The moneys held in the trust account may be withdrawn in
 9707  order to pay the prizes offered only upon certification to the
 9708  Department of Agriculture and Consumer Services of the name of
 9709  the winner or winners and the amount of the prize or prizes and
 9710  the value thereof.
 9711         2. If the operator of a game promotion has obtained a
 9712  surety bond in lieu of establishing a trust account, the amount
 9713  of the surety bond must shall equal at all times the total
 9714  amount of the prizes offered.
 9715         (b) The Department of Agriculture and Consumer Services may
 9716  waive the provisions of this subsection for any operator who has
 9717  conducted game promotions in this the state for at least not
 9718  less than 5 consecutive years and who has not had any civil,
 9719  criminal, or administrative action instituted against him or her
 9720  by the state or an agency of the state for violation of this
 9721  section within that 5-year period. Such waiver may be revoked
 9722  upon determination by the Department of Agriculture and Consumer
 9723  Services that the operator committed the commission of a
 9724  violation of this section by such operator, as determined by the
 9725  Department of Agriculture and Consumer Services.
 9726         (5) Every operator of a game promotion in which the total
 9727  announced value of the prizes offered is greater than $5,000
 9728  shall, within 60 days after the final determination of winners,
 9729  provide the Department of Agriculture and Consumer Services with
 9730  a certified list of the names and addresses of all such persons,
 9731  regardless of state residency, whether from this state or from
 9732  another state, who have won prizes that which have a value of
 9733  more than $25, the value of such prizes, and the dates when the
 9734  prizes were won within 60 days after such winners have been
 9735  finally determined. The operator shall provide a copy of the
 9736  list of winners at no, without charge, to a any person who
 9737  requests it or. In lieu of the foregoing, the operator of a game
 9738  promotion may, at his or her option, publish the same
 9739  information about the winners in a Florida newspaper of general
 9740  circulation within 60 days after such winners have been
 9741  determined. If such information is published, the operator and
 9742  shall provide to the Department of Agriculture and Consumer
 9743  Services a certified copy of the publication containing the
 9744  information about the winners. The operator of a game promotion
 9745  is not required to notify a winner by mail or by telephone when
 9746  the winner is already in possession of a game card from which
 9747  the winner can determine that he or she has won a designated
 9748  prize. All Winning entries shall be held by the operator for a
 9749  period of 90 days after the close or completion of the game.
 9750         (6) The Department of Agriculture and Consumer Services
 9751  shall keep the certified list of winners for a period of at
 9752  least 6 months after receipt and of the certified list. The
 9753  department thereafter may dispose of all records and lists after
 9754  that time period.
 9755         (7) An No operator may not shall force, directly or
 9756  indirectly, a lessee, agent, or franchise dealer to purchase or
 9757  participate in any game promotion. For the purpose of this
 9758  section, coercion or force is shall be presumed when in these
 9759  circumstances in which a course of business extending over a
 9760  period of 1 year or longer is materially changed coincident with
 9761  a failure or refusal of a lessee, agent, or franchise dealer to
 9762  participate in such game promotions. Such force or coercion
 9763  shall also further be presumed when an operator advertises
 9764  generally that game promotions are available at its lessee
 9765  dealers or agent dealers.
 9766         (8)(a) The Department of Agriculture and Consumer Services
 9767  may adopt shall have the power to promulgate such rules for and
 9768  regulations respecting the operation of game promotions as it
 9769  deems advisable.
 9770         (b) Compliance with such the rules of the Department of
 9771  Agriculture and Consumer Services does not authorize, and is not
 9772  a defense to a charge of, possession of a slot machine or device
 9773  or any other device or a violation of any other law.
 9774         (c) If Whenever the Department of Agriculture and Consumer
 9775  Services or the Department of Legal Affairs has reason to
 9776  believe that a game promotion is being operated in violation of
 9777  this section, it may bring an action in the circuit court of any
 9778  judicial circuit in which the game promotion is being operated
 9779  in the name and on behalf of the people of the state against the
 9780  any operator thereof to enjoin the continued operation of such
 9781  game promotion in this anywhere within the state.
 9782         (9)(a) A Any person, firm, or corporation, or an
 9783  association, or agent, or employee thereof, who violates this
 9784  section or a rule engages in any acts or practices stated in
 9785  this section to be unlawful, or who violates any of the rules
 9786  and regulations made pursuant to this section, is guilty of a
 9787  misdemeanor of the second degree, punishable as provided in s.
 9788  775.082 or s. 775.083.
 9789         (b) A Any person, firm, or corporation, or an association,
 9790  agent, or employee thereof, who violates any provision of this
 9791  section or a rule any of the rules and regulations made pursuant
 9792  to this section is shall be liable for a civil penalty of up to
 9793  not more than $1,000 for each such violation, which shall accrue
 9794  to the state and may be recovered in a civil action brought by
 9795  the Department of Agriculture and Consumer Services or the
 9796  Department of Legal Affairs.
 9797         (10) This section does not apply to actions or transactions
 9798  regulated by the Department of Gaming Control, Business and
 9799  Professional Regulation or to the activities of nonprofit
 9800  organizations, or to any other organization engaged in any
 9801  enterprise other than the sale of consumer products or services.
 9802  Subsections (3)-, (4), (5), (6), and (7) and paragraph (8)(a),
 9803  and any of the rules adopted made pursuant thereto, do not apply
 9804  to television or radio broadcasting companies licensed by the
 9805  Federal Communications Commission.
 9806         (11) A violation of this section, or soliciting another
 9807  person to commit an act that violates this section, constitutes
 9808  a deceptive and unfair trade practice actionable under the
 9809  Florida Deceptive and Unfair Trade Practices Act.
 9810         Section 150. Section 849.092, Florida Statutes, is
 9811  transferred, renumbered as section 551.51, Florida Statutes, and
 9812  amended to read:
 9813         551.51 849.092 Motor fuel retail business prizes; certain
 9814  activities permitted.—Notwithstanding s. 849.09, a person The
 9815  provisions of s. 849.09 shall not be construed to prohibit or
 9816  prevent persons who are licensed to conduct business under s.
 9817  206.404, may give from giving away prizes to a person persons
 9818  selected by lot, if such prizes are conditioned made on the
 9819  following conditions:
 9820         (1) Such gifts are conducted as advertising and promotional
 9821  undertakings, in good faith, solely for the purpose of
 9822  advertising the goods, wares, merchandise, and business of such
 9823  licensee.; and
 9824         (2) The principal business of such licensee is the business
 9825  permitted to be licensed under s. 206.404.; and
 9826         (3) No person To be eligible to receive such gift, a person
 9827  may not shall ever be required to:
 9828         (a) Pay any tangible consideration to such licensee in the
 9829  form of money or other property or thing of value;, or
 9830         (b) Purchase any goods, wares, merchandise, or anything of
 9831  value from such licensee.
 9832         (4) The person selected to receive any such gift or prize
 9833  offered by a any such licensee in connection with any such
 9834  advertising or promotion is notified of his or her selection at
 9835  his or her last known address. Newspapers, magazines, and
 9836  television and radio stations may, without violating any law,
 9837  publish or and broadcast advertising matter describing such
 9838  advertising and promotional undertakings of a licensee. The
 9839  publishing or broadcasting of such advertising matter such
 9840  licensees which may contain instructions for a person to make
 9841  his or her pursuant to which persons desiring to become eligible
 9842  for such gifts or prizes may make their name and address known
 9843  to such licensee.
 9844         (5) All brochures, advertisements, promotional material,
 9845  and entry blanks promoting such undertakings must shall contain
 9846  a clause stating that residents of this state Florida are
 9847  entitled to participate in such undertakings and are eligible to
 9848  win gifts or prizes.
 9849         Section 151. Section 849.085, Florida Statutes, is
 9850  transferred, renumbered as section 551.52, Florida Statutes, and
 9851  amended to read:
 9852         551.52 849.085Certain Penny-ante games not crimes;
 9853  restrictions.—
 9854         (1) Notwithstanding any other provision of law, it is not a
 9855  crime for a person may to participate in a game described in
 9856  this section if such game is conducted strictly in accordance
 9857  with this section.
 9858         (2) As used in this section:
 9859         (b)(a) “Penny-ante game” means a game or series of games of
 9860  poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or
 9861  mah-jongg in which the winnings of any player in a single round,
 9862  hand, or game do not exceed $10 in value.
 9863         (c)(b)“Residential premises” “Dwelling” means a unit,
 9864  room, or college dormitory room residential premises owned or
 9865  rented by a participant in a penny-ante game and occupied by
 9866  such participant.
 9867         (a)“Common premises” means or the common elements or
 9868  common areas of a condominium, cooperative, residential
 9869  subdivision, or mobile home park, or park or recreation district
 9870  of which a participant in a penny-ante game is a unit owner, or
 9871  the facilities of an organization which is tax-exempt under s.
 9872  501(c)(7) of the Internal Revenue Code,. The term “dwelling”
 9873  also includes a college dormitory room or the common
 9874  recreational area of a college dormitory, or a publicly owned
 9875  community center owned by a municipality or county.
 9876         (3) A penny-ante game is subject to the following
 9877  restrictions:
 9878         (a) The game must be conducted in a residential premises or
 9879  a common premises dwelling.
 9880         (b) A person may not receive any consideration or
 9881  commission for allowing a penny-ante game to occur in a
 9882  residential premises or a common premises his or her dwelling.
 9883         (c) A person may not directly or indirectly charge
 9884  admission or any other fee for participation in the penny-ante
 9885  game.
 9886         (d) A person may not solicit participants by means of
 9887  advertising in any form, advertise the time or place of any
 9888  penny-ante game, or advertise the fact that he or she will be a
 9889  participant in any penny-ante game.
 9890         (e) A penny-ante game may not be conducted unless each in
 9891  which any participant is under 18 years of age or older.
 9892         (4) A debt created or owed as a consequence of any penny
 9893  ante game is not legally enforceable.
 9894         (5) The conduct of a any penny-ante game within a common
 9895  premises does not create the common elements or common area of a
 9896  condominium, cooperative, residential subdivision, or mobile
 9897  home park or the conduct of any penny-ante game within the
 9898  dwelling of an eligible organization as defined in subsection
 9899  (2) or within a publicly owned community center owned by a
 9900  municipality or county creates no civil liability for damages
 9901  arising from the penny-ante game on the part of an owner a
 9902  condominium association, cooperative association, a homeowners’
 9903  association as defined in s. 720.301, mobile home owners’
 9904  association, dwelling owner, or municipality or county or on the
 9905  part of a unit owner who was not a participant in the game.
 9906         Section 152. Section 849.0931, Florida Statutes, is
 9907  transferred, renumbered as section 551.53, Florida Statutes, and
 9908  amended to read:
 9909         551.53 849.0931 Bingo authorized; conditions for conduct;
 9910  use permitted uses of proceeds; limitations.—
 9911         (1) As used in this section, the term:
 9912         (a) “Bingo game” means and refers to the activity, commonly
 9913  known as “bingo,” in which the following occurs:
 9914         1. A participant pays Participants pay a sum of money for
 9915  the use of one or more bingo cards that contain different
 9916  numbers.
 9917         2.When the game commences, Numbers are randomly drawn, one
 9918  at a time by chance, one by one, and announced.
 9919         3.The Players cover or mark their those numbers on the
 9920  bingo cards if an announced number matches a number on their
 9921  card which they have purchased until a player receives the
 9922  specified a given order or pattern of numbers in sequence that
 9923  has been preannounced for that particular game.
 9924         4.This player calls out “bingo” and is declared The winner
 9925  receives of a predetermined prize. More than one game may be
 9926  played upon a bingo card, and numbers called for one game may be
 9927  used for a succeeding game or games.
 9928         (b) “Bingo card” means and refers to the flat piece of
 9929  paper or thin pasteboard used employed by players engaged in the
 9930  game of bingo. The bingo card may not contain shall have not
 9931  fewer than 24 playing numbers, which printed on it. These
 9932  playing numbers shall range from 1 through 75, inclusive. More
 9933  than one set of bingo card numbers may be printed on a any
 9934  single piece of paper.
 9935         (c) “Charitable, nonprofit, or veterans’ organization”
 9936  means an organization that which has qualified for exemption
 9937  from federal income tax as an exempt organization under the
 9938  provisions of s. 501(c) of the Internal Revenue Code of 1954 or
 9939  s. 528 of the Internal Revenue Code of 1986, as amended; that
 9940  which is engaged in charitable, civic, community, benevolent,
 9941  religious, or scholastic works or other similar endeavors
 9942  activities; and that which has been in existence and active for
 9943  a period of 3 years or more.
 9944         (d) “Deal” means a separate set or package of not more than
 9945  4,000 instant bingo tickets in which the predetermined minimum
 9946  prize payout is at least 65 percent of the total receipts from
 9947  the sale of the entire deal.
 9948         (e) “Flare” means the board or placard that accompanies
 9949  each deal of instant bingo tickets and that has printed on or
 9950  affixed to it the following information:
 9951         1. The game name.
 9952         2. The manufacturer’s name or distinctive logo.
 9953         3. The form number.
 9954         4. The ticket count.
 9955         5. The prize structure, including the number of symbols or
 9956  number combinations for winning instant bingo tickets by
 9957  denomination, with their respective winning symbols or number
 9958  combinations.
 9959         6. The cost per play.
 9960         7. The game serial number.
 9961         (f) “Instant bingo” means a form of bingo that is played at
 9962  the same location as bingo in which a player uses, using tickets
 9963  to win by which a player wins a prize by opening and removing a
 9964  cover from the ticket to reveal a set of numbers, letters,
 9965  objects, or patterns, some of which have been designated in
 9966  advance as prize winners.
 9967         (g) “Objects” means a set of 75 balls or other precision
 9968  shapes that are imprinted with letters and numbers in such a way
 9969  that numbers 1 through 15 are marked with the letter “B,”
 9970  numbers 16 through 30 are marked with the letter “I,” numbers 31
 9971  through 45 are marked with the letter “N,” numbers 46 through 60
 9972  are marked with the letter “G,” and numbers 61 through 75 are
 9973  marked with the letter “O.”
 9974         (h) “Rack” means the container in which the objects are
 9975  placed after being drawn and announced.
 9976         (i) “Receptacle” means the container from which the objects
 9977  are drawn or ejected.
 9978         (j) “Session” means a designated set of games played in a
 9979  day or part of a day.
 9980         (2)(a) Notwithstanding chapter 849, a None of the
 9981  provisions of this chapter shall be construed to prohibit or
 9982  prevent charitable, nonprofit, or veterans’ organization that is
 9983  organizations engaged in charitable, civic, community,
 9984  benevolent, religious, or scholastic works or other similar
 9985  endeavors and that has, which organizations have been in
 9986  existence and active for a period of 3 years or more may
 9987  conduct, from conducting bingo games or instant bingo; however,
 9988  provided the entire proceeds derived from the conduct of such
 9989  games, less actual business expenses for articles designed for
 9990  and essential to the operation, conduct, and playing of bingo or
 9991  instant bingo, must be are donated by the organization to such
 9992  works or endeavors such organizations to the endeavors mentioned
 9993  above. In no case may the net proceeds from the conduct of such
 9994  games be used for any other purpose whatsoever. The proceeds are
 9995  derived from the conduct of bingo games or instant bingo shall
 9996  not be considered solicitation of public donations.
 9997         (b) A It is the express intent of the Legislature that no
 9998  charitable, nonprofit, or veterans’ organization may not serve
 9999  as a sponsor of a bingo game or instant bingo conducted by
10000  another, but such organization may only be directly involved in
10001  the conduct of such a game as provided in this act.
10002         (3) If An organization is not engaged in charitable, civic,
10003  community, benevolent, religious, or scholastic works or other
10004  similar endeavors which conducts efforts of the type set out
10005  above, its right to conduct bingo games under this section must
10006  hereunder is conditioned upon the return of all the proceeds
10007  from such games to the players in the form of prizes. If, at the
10008  conclusion of play on any day during which a bingo game is
10009  allowed to be played under this subsection, proceeds section
10010  there remain proceeds which have not been paid out as prizes,
10011  the organization conducting the game shall, on at the next
10012  scheduled day of play, conduct bingo games without any charge to
10013  the players and shall continue to do so until the proceeds
10014  carried over from the previous days played have been exhausted.
10015  This subsection does not extend provision in no way extends the
10016  limitation on the number of prize or jackpot games allowed in a
10017  single one day as provided under for in subsection (5).
10018         (4) The right of A condominium association, a cooperative
10019  association, a homeowners’ association as defined in s. 720.301,
10020  a mobile home owners’ association, a group of residents of a
10021  mobile home park as defined in chapter 723, a park or recreation
10022  district that is an independent special district as defined in
10023  s. 189.403, a recreation district as defined in chapter 418, or
10024  a group of residents of a mobile home park or recreational
10025  vehicle park as defined in chapter 513 may to conduct bingo if
10026  is conditioned upon the return of the net proceeds from such
10027  games are returned to players in the form of prizes after having
10028  deducted the actual business expenses for such games for
10029  articles designed for and essential to the operation, conduct,
10030  and playing of bingo. Any net proceeds remaining after paying
10031  prizes are paid may be donated by the association to a
10032  charitable, nonprofit, or veterans’ organization that which is
10033  exempt from federal income tax under the provisions of s. 501(c)
10034  of the Internal Revenue Code to be used in such recipient
10035  organization’s charitable, civic, community, benevolent,
10036  religious, or scholastic works or similar endeavors activities
10037  or, in the alternative, such remaining proceeds shall be used as
10038  specified in subsection (3).
10039         (5)(a)1.Except for instant bingo prizes, which are limited
10040  to the amounts displayed on the ticket or on the game flare, A
10041  jackpot may shall not exceed the value of $250 in actual money
10042  or its equivalent, and there may not shall be no more than three
10043  jackpots in any one session of bingo.
10044         2.(6)An organization Except for instant bingo, which is
10045  not limited by this subsection, the number of days per week
10046  during which organizations authorized under this section may not
10047  conduct a bingo game more than 2 days per week shall not exceed
10048  two.
10049         3.(7)Only three jackpot prizes may be awarded Except for
10050  instant bingo prizes, which are limited to the amounts displayed
10051  on the ticket or on the game flare, there shall be no more than
10052  three jackpots on a single any one day of play. All other game
10053  prizes may shall not exceed $50 each.
10054         4. Subparagraphs 1.-3. do not apply to instant bingo
10055  prizes.
10056         (b) Instant bingo prizes are limited to the amounts
10057  displayed on the ticket or on the game flare.
10058         (6)(8) Each person involved in conducting a the conduct of
10059  any bingo game or instant bingo must be a resident of the
10060  community where the organization is located and a bona fide
10061  member of the organization sponsoring such game and may not be
10062  compensated in any way for operation of such game. When a bingo
10063  game games or instant bingo is conducted by a charitable,
10064  nonprofit, or veterans’ organization, the organization
10065  conducting the games shall must designate up to three members of
10066  that organization to be in charge of the games, one of whom
10067  shall be present during the entire session at which the games
10068  are conducted. The organization conducting the games is
10069  responsible for posting a notice, which must state notice states
10070  the name of the organization and the designated member or
10071  members, in a conspicuous place on the premises at which the
10072  session is held or instant bingo is played. A caller in a bingo
10073  game may not be a participant in that bingo game.
10074         (7)(9)A Every charitable, nonprofit, or veterans’
10075  organization involved in the conduct of a bingo game or instant
10076  bingo must be located in the county, or within a 15-mile radius
10077  of the location where, where the bingo game or instant bingo is
10078  played located.
10079         (8)(10)(a) A person No one under 18 years of age may not
10080  shall be allowed to play or be involved in the conduct of a any
10081  bingo game or instant bingo or be involved in the conduct of a
10082  bingo game or instant bingo in any way.
10083         (b) Any organization conducting a bingo game or instant
10084  bingo that is open to the public may refuse entry to a any
10085  person who is objectionable or undesirable to the sponsoring
10086  organization, but such refusal may of entry shall not be based
10087  on the person’s basis of race, creed, color, religion, sex,
10088  national origin, marital status, or physical handicap.
10089         (9)(11)A bingo game games or instant bingo may be held
10090  only on the following premises:
10091         (a) Property owned by the charitable, nonprofit, or
10092  veterans’ organization.
10093         (b) Property owned by the charitable, nonprofit, or
10094  veterans’ organization that will benefit from by the proceeds.
10095         (c) Property leased for a period of not less than 1 year by
10096  a charitable, nonprofit, or veterans’ organization, if providing
10097  the lease or rental agreement does not provide for the payment
10098  of a percentage of the proceeds generated at such premises to
10099  the lessor or any other party and providing the rental rate for
10100  such premises does not exceed the rental rates charged for
10101  similar premises in the same locale.
10102         (d) Property owned by a municipality or a county when the
10103  governing authority has, by appropriate ordinance or resolution,
10104  specifically authorized the use of such property for the conduct
10105  of such games.
10106         (e) With respect to bingo games conducted by a condominium
10107  association, a cooperative association, a homeowners’
10108  association as defined in s. 720.301, a mobile home owners’
10109  association, a group of residents of a mobile home park as
10110  defined in chapter 723, a park or recreation district that is an
10111  independent special district as defined in s. 189.403, a
10112  recreation district as defined in chapter 418, or a group of
10113  residents of a mobile home park or recreational vehicle park as
10114  defined in chapter 513, property owned by the association or,
10115  property owned by the residents of the mobile home park, park or
10116  recreation district, or recreational vehicle park, or property
10117  that which is a common area located within the condominium,
10118  mobile home park, or recreational vehicle park.
10119         (10)(12) Each bingo game shall be conducted in accordance
10120  with the following rules:
10121         (a) The objects, whether drawn or ejected, shall be
10122  essentially equal as to size, shape, weight, and balance and as
10123  to all other characteristics that may control their selection
10124  from the receptacle. The caller shall cancel a any game if,
10125  during the course of the a game, the mechanism used in the
10126  drawing or ejection of objects becomes jammed in such a manner
10127  as to interfere with the accurate determination of the next
10128  number to be announced or if the caller determines that more
10129  than one object is labeled with the same number or that there is
10130  a number to be drawn without a corresponding object. A Any
10131  player in a game canceled pursuant to this paragraph shall be
10132  allowed permitted to play the next game free of charge.
10133         (b) Before Prior to commencement of any bingo session, the
10134  member in charge shall verify cause a verification to be made of
10135  all objects to be placed in the receptacle and shall inspect the
10136  objects in the presence of a disinterested person to ensure that
10137  all objects are present and that there are no duplications or
10138  omissions of numbers on the objects. A Any player is shall be
10139  entitled to call for a verification of numbers before, during,
10140  and after a session.
10141         (c) The card or sheet on which the game is played must
10142  shall be part of a deck, group, or series, no two of which may
10143  be alike in any given game.
10144         (d) All numbers shall be visibly displayed after being
10145  drawn and before being placed in the rack.
10146         (e) A bona fide bingo consists shall consist of a
10147  predesignated arrangement of numbers on a card or sheet which
10148  that correspond with the numbers on the objects drawn from the
10149  receptacle and announced. Errors in numbers announced or
10150  misplaced in the rack may not be recognized as a bingo.
10151         (f) When a caller begins to announce has started to vocally
10152  announce a number, he or she the caller shall complete the call.
10153  If a any player obtains has obtained a bingo on the a previous
10154  call but is not recognized until the next number is called
10155  number, such player will share the prize with the player who
10156  attained gained bingo on the last number called.
10157         (g) Numbers on the winning cards or sheets shall be
10158  announced and verified in the presence of another player. Any
10159  player may shall be entitled at the time the winner is
10160  determined to call for a verification of the numbers drawn. The
10161  verification shall be conducted in the presence of the
10162  designated member designated to be in charge of the occasion or,
10163  if such person is also the caller, in the presence of an officer
10164  of the licensee.
10165         (h) Upon determining a winner, the caller shall ask, “Are
10166  there any other winners?” If no one replies, the caller shall
10167  announce that declare the game is closed. No other player is
10168  entitled to share the prize unless she or he or she has also
10169  declared a bingo before prior to this announcement.
10170         (i) Seats may not be held or reserved by an organization or
10171  a person involved in the conduct of any bingo game for players
10172  not present, and nor may any cards may not be set aside, held,
10173  or reserved from one session to another for any player.
10174         (j) A caller in a bingo game may not be a participant in
10175  that bingo game.
10176         (11)(13)(a) Instant bingo tickets shall must be sold at the
10177  price printed on the ticket or on the game flare by the
10178  manufacturer, not to exceed $1. Discounts may not be given for
10179  the purchase of multiple tickets, and nor may tickets may not be
10180  given away free of charge.
10181         (b) Each deal of instant bingo tickets must be accompanied
10182  by a flare, which and the flare must be posted before the sale
10183  of any tickets in that deal.
10184         (c) Each instant bingo ticket in a deal must bear the same
10185  serial number, and there may not be more than one serial number
10186  in each deal. Serial numbers printed on a deal of instant bingo
10187  tickets may not be repeated by the manufacturer on the same form
10188  for a period of 3 years.
10189         (d) The serial number for each deal must be clearly and
10190  legibly placed on the outside of each deal’s package, box, or
10191  other container.
10192         (e) Instant bingo tickets manufactured, sold, or
10193  distributed in this state must comply with the applicable
10194  standards on pull-tabs of the North American Gaming Regulators
10195  Association, as amended.
10196         (f) Except as provided under paragraph (e), an instant
10197  bingo ticket manufactured, sold, or distributed in this state
10198  must:
10199         1. Be manufactured so that it is not possible to identify
10200  whether it is a winning or losing instant bingo ticket until it
10201  has been opened by the player as intended.
10202         2. Be manufactured using at least a two-ply paper stock
10203  construction so that the instant bingo ticket is opaque.
10204         3. Have the form number, the deal’s serial number, and the
10205  name or logo of the manufacturer conspicuously printed on the
10206  face or cover of the instant bingo ticket.
10207         4. Have a form of winner protection that allows the
10208  organization to verify, after the instant bingo ticket has been
10209  played, that the winning instant bingo ticket presented for
10210  payment is an authentic winning instant bingo ticket for the
10211  deal in play. The manufacturer shall provide a written
10212  description of the winner protection with each deal of instant
10213  bingo tickets.
10214         (g) Each manufacturer and distributor that sells or
10215  distributes instant bingo tickets in this state to charitable,
10216  nonprofit, or veterans’ organizations shall prepare an invoice
10217  that contains the following information:
10218         1. The date of sale.
10219         2. The form number and serial number of each deal sold.
10220         3. The number of instant bingo tickets in each deal sold.
10221         4. The name of distributor or organization to whom each
10222  deal is sold.
10223         5. The price of each deal sold.
10224  
10225  All information contained on an invoice must be maintained by
10226  the distributor or manufacturer for 3 years.
10227         (h) The invoice, or a true and accurate copy of the invoice
10228  thereof, must be on the premises where any deal of instant bingo
10229  tickets is stored or in play.
10230         (12)(14)An Any organization or other person who willfully
10231  and knowingly violates any provision of this section commits a
10232  misdemeanor of the first degree, punishable as provided in s.
10233  775.082 or s. 775.083. For a second or subsequent offense, the
10234  organization or other person commits a felony of the third
10235  degree, punishable as provided in s. 775.082, s. 775.083, or s.
10236  775.084.
10237         Section 153. Section 849.0935, Florida Statutes, is
10238  transferred, renumbered as section 551.54, Florida Statutes, and
10239  amended to read:
10240         551.54 849.0935 Charitable, nonprofit organizations;
10241  drawings by chance; required disclosures; unlawful acts and
10242  practices; penalties.—
10243         (1) As used in this section, the term:
10244         (a) “Drawing by chance,” “drawing,” or “raffle” means a
10245  drawing an enterprise in which, from the entries submitted by
10246  the public to the organization conducting the drawing, one or
10247  more entries submitted by the public to the organization are
10248  selected by chance to win a prize. The term “drawing” does not
10249  include those enterprises, commonly known as “game promotions,”
10250  as defined under by s. 849.094 which use the terms, “matching,”
10251  “instant winner,” or “preselected sweepstakes,and which
10252  involve the distribution of previously designated winning
10253  numbers, previously designated as such, to the public.
10254         (b) “Organization” means an organization, including its
10255  members or officers, which is exempt from federal income
10256  taxation pursuant to 26 U.S.C. s. 501(c)(3), (4), (7), (8),
10257  (10), or (19), and which has a current determination letter from
10258  the Internal Revenue Service, and its bona fide members or
10259  officers.
10260         (2) Notwithstanding s. 849.09, Section 849.09 does not
10261  prohibit an organization may conduct from conducting drawings by
10262  chance pursuant to the authority granted by this section, if the
10263  organization has complied with all applicable provisions of
10264  chapter 496 and this section.
10265         (3) All Brochures, advertisements, notices, tickets, or
10266  entry blanks used in connection with a drawing by chance must
10267  shall conspicuously disclose:
10268         (a) The rules governing the conduct and operation of the
10269  drawing.
10270         (b) The full name of the organization and its principal
10271  place of business.
10272         (c) The source of the funds used to award cash prizes or to
10273  purchase prizes.
10274         (d) The date, hour, and place where the winner will be
10275  chosen and the prizes will be awarded, unless the brochures,
10276  advertisements, notices, tickets, or entry blanks are not
10277  offered to the public more than 3 days before prior to the
10278  drawing.
10279         (e) That no purchase or contribution is necessary.
10280         (4) It is unlawful for an any organization that, pursuant
10281  to the authority granted by this section, promotes, operates, or
10282  conducts a drawing by chance under this section to:
10283         (a) To Design, engage in, promote, or conduct any drawing
10284  in which the winner is predetermined by means of matching,
10285  instant win, or preselected sweepstakes or otherwise or in which
10286  the selection of the winners is in any way rigged;
10287         (b) To Require an entry fee, donation, substantial
10288  consideration, payment, proof of purchase, or contribution as a
10289  condition of entering the drawing or of being selected to win a
10290  prize. However, this paragraph does not prohibit an organization
10291  from suggesting a minimum donation or from including a statement
10292  of such suggested minimum donation on any printed material used
10293  in connection with the fundraising event or drawing;
10294         (c) To Condition the drawing on disbursement of a minimum
10295  number of tickets having been disbursed to contributors or
10296  receipt of on a minimum amount of contributions having been
10297  received;
10298         (d) To Arbitrarily remove, disqualify, disallow, or reject
10299  any entry or to discriminate in any manner between entrants who
10300  gave contributions to the organization and those who did not
10301  give such contributions;
10302         (e) To Fail to promptly notify, at the address set forth on
10303  the entry blank, a winner any person, at the address designated
10304  on the entry blank, whose entry is selected to win of the fact
10305  that he or she won;
10306         (f) To Fail to award all prizes offered;
10307         (g) To Print, publish, or circulate literature or
10308  advertising material used in connection with the drawing which
10309  is false, deceptive, or misleading;
10310         (h) To Cancel a drawing; or
10311         (i) To Condition the acquisition or giveaway of any prize
10312  upon the receipt of voluntary donations or contributions.
10313         (5) The organization conducting the drawing may limit the
10314  number of tickets distributed to each drawing entrant.
10315         (6) A violation of this section is a deceptive and unfair
10316  trade practice.
10317         (7) Any organization that violates engages in any act or
10318  practice in violation of this section commits a misdemeanor of
10319  the second degree, punishable as provided in s. 775.082 or s.
10320  775.083. Any organization or other person who sells or offers
10321  for sale in this state a ticket or entry blank for a raffle or
10322  other drawing by chance, without complying with the requirements
10323  of paragraph (3)(d), commits a misdemeanor of the second degree,
10324  punishable by fine only as provided in s. 775.083.
10325         (8) This section does not apply to the state lottery
10326  operated pursuant to chapter 24.
10327         Section 154. Section 849.141, Florida Statutes, is
10328  transferred, renumbered as section 551.55, Florida Statutes, and
10329  amended to read:
10330         551.55 849.141 Bowling tournaments exempted from chapter.—
10331         (1) Notwithstanding any law to the contrary, a person may
10332  participate Nothing contained in this chapter shall be
10333  applicable to participation in or the conduct of a bowling
10334  tournament conducted at a bowling center which requires the
10335  payment of entry fees, from which fees the winner receives a
10336  purse or prize.
10337         (2) As used in this section, the term:
10338         (b)(a) “Bowling tournament” means a contest in which
10339  participants engage in the sport of bowling, wherein a heavy
10340  ball is bowled along a bowling lane in an attempt to knock over
10341  10 upright bowling pins, 10 in number, set upright at the far
10342  end of the lane as, according to specified in the regulations
10343  and rules of the United States American Bowling Congress, the
10344  Womens International Bowling Congress, or the Bowling
10345  Proprietors Association of America.
10346         (a)(b) “Bowling center” means a place of business having at
10347  least 12 bowling lanes on the premises which are operated for
10348  the entertainment of the general public for the purpose of
10349  engaging in the sport of bowling.
10350         Section 155. Section 849.161, Florida Statutes, is
10351  transferred, renumbered as section 551.56, Florida Statutes, and
10352  amended to read:
10353         551.56 849.161 Amusement games or machines; when chapter
10354  inapplicable.—
10355         (1) As used in this section, the term:
10356         (a) “Amusement games or machines” means games which are
10357  operated only for bona fide entertainment of the general public,
10358  which are activated which operate by means of the insertion of a
10359  coin, currency, slug, token, coupon, card, or similar device,
10360  and which, by application of skill, may entitle the person
10361  playing or operating the game or machine may control the results
10362  of play to receive points or coupons, the cost value of which
10363  does not exceed 75 cents on any game played, which may be
10364  exchanged for merchandise. The term does not include:
10365         1. Casino-style games in which the outcome is determined by
10366  factors unpredictable by the player;
10367         2.or Games in which the player does may not control the
10368  outcome of the game through skill;
10369         3. Video poker games or any other game or machine that may
10370  be construed as a gambling device under the laws of this state;
10371  or
10372         4. Any game or device defined as a gambling device in 15
10373  U.S.C. s. 1171, unless excluded under s. 1178.
10374         (b) “Arcade amusement center” means a place of business
10375  having at least 50 coin-operated amusement games or machines on
10376  premises which are operated for the entertainment of the general
10377  public and tourists as a bona fide amusement facility.
10378         (c) “Game played” means the event occurring from the
10379  initial activation of the amusement game or machine by insertion
10380  of a coin, currency, slug, token, coupon, card, or similar
10381  device until the results of play are determined without
10382  insertion of additional coin, currency, slug, token, coupon,
10383  card, or similar device to continue play payment of additional
10384  consideration. Free replays do not count as separate games
10385  played constitute additional consideration.
10386         (d) “Merchandise” means noncash prizes, including toys and
10387  novelties. The term does not include:
10388         1. Cash equivalents or any equivalent thereof, including
10389  gift cards or certificates;
10390         2., or Alcoholic beverages; or
10391         3. Coupons, points, slugs, tokens, cards, or similar
10392  devices that have commercial value, can be used to activate an
10393  amusement game or machine, or can be redeemed onsite for
10394  merchandise.
10395         (e) “Redemption value” means the imputed value of coupons
10396  or points, based on the wholesale cost of merchandise for which
10397  those coupons or points may be redeemed.
10398         (f)(e) “Truck stop” means a any dealer registered pursuant
10399  to chapter 212, excluding marinas, which:
10400         1. Declared its primary fuel business to be the sale of
10401  diesel fuel; and
10402         2. Operates a minimum of six functional diesel fuel pumps;
10403  and
10404         3. Has coin-operated amusement games or machines on
10405  premises which are operated for the entertainment of the general
10406  public and tourists as bona fide amusement games or machines.
10407         (2) Notwithstanding chapter 849, Nothing contained in This
10408  chapter shall be taken or construed to prohibit an arcade
10409  amusement center or truck stop from operating amusement games or
10410  machines may be operated in conformance with this section.
10411         (3) This section applies only to amusement games or and
10412  machines which are operated for the entertainment of the general
10413  public and tourists as bona fide amusement games or machines.
10414         (4) This section does shall not be construed to authorize:
10415         1. Casino-style games in which the outcome is determined by
10416  factors unpredictable by the player;
10417         2. Games in which the player does not control the outcome
10418  of the game through skill;
10419         3. Video poker games or any other game or machine that may
10420  be construed as a gambling device under the laws of this state;
10421  or
10422         4. Any game or device defined as a gambling device in 15
10423  U.S.C. s. 1171, which requires identification of each device by
10424  permanently affixing seriatim numbering and name, trade name,
10425  and date of manufacture under s. 1173, and registration with the
10426  United States Attorney General, unless excluded from
10427  applicability of the chapter under s. 1178, or video poker games
10428  or any other game or machine that may be construed as a gambling
10429  device under Florida law.
10430         (5) An amusement game or machine may entitle or enable a
10431  person, by application of skill, This section does not apply to
10432  a coin-operated game or device designed and manufactured only
10433  for bona fide amusement purposes which game or device may by
10434  application of skill entitle the player to replay the game or
10435  device without insertion of an at no additional coin, currency,
10436  slug, token, coupon, card, or similar device, if cost, if the
10437  game or device:
10438         (a)The amusement game or machine can accumulate and react
10439  to no more than 15 free replays;
10440         (b) The amusement game or machine can be discharged of
10441  accumulated free replays only by reactivating the game or device
10442  for one additional play for such accumulated free replay; and
10443         (c) The amusement game or machine cannot Can make a no
10444  permanent record, directly or indirectly, of free replays; and
10445  is not classified by the United States as a gambling device in
10446  15 U.S.C. s. 1171, which requires identification of each device
10447  by permanently affixing seriatim numbering and name, trade name,
10448  and date of manufacture under s. 1173, and registration with the
10449  United States Attorney General, unless excluded from
10450  applicability of the chapter under s. 1178. This subsection
10451  shall not be construed to authorize video poker games, or any
10452  other game or machine that may be construed as a gambling device
10453  under Florida law.
10454         (6)An amusement game or machine may entitle or enable a
10455  person, by application of skill, to receive points or coupons
10456  that can be redeemed onsite for merchandise, if:
10457         (a) The amusement game or machine is located at an arcade
10458  amusement center, truck stop, bowling center defined in s.
10459  551.53, or public lodging establishment or public food service
10460  facility licensed pursuant to chapter 509;
10461         (b) Points or coupons have no value other than for
10462  redemption onsite for merchandise;
10463         (c) The redemption value of points or coupons a person
10464  receives for a single game played does not exceed $5.25; and
10465         (d)The redemption value of points or coupons a person
10466  receives for playing multiple games simultaneously or competing
10467  against others in a multi-player game, does not exceed $5.25.
10468         (7)An amusement game or machine may entitle or enable a
10469  person, by application of skill, to receive merchandise
10470  directly, if:
10471         (a) The amusement game or machine is located at an arcade
10472  amusement center, truck stop, bowling center defined in s.
10473  551.53, public lodging establishment or public food service
10474  facility licensed pursuant to chapter 509, or on the premises of
10475  a retailer as defined in s. 212.02; and
10476         (b)The wholesale cost of the merchandise does not exceed
10477  $50.
10478         (8)The department, by rule, shall review and adjust per
10479  game limits on coupons, points, and merchandise based on the
10480  rate of inflation.
10481         Section 156. Section 849.01, Florida Statutes, is amended
10482  to read:
10483         849.01 Keeping Gambling operations prohibited houses, etc.—
10484         (1) A person, individually or through or with any other
10485  person or entity, may not:
10486         (a) Have, maintain, or operate Whoever by herself or
10487  himself, her or his servant, clerk or agent, or in any other
10488  manner has, keeps, exercises or maintains a gaming table or
10489  room;, or gaming implements or apparatus; an online or offline
10490  system or network;, or a physical structure or location of any
10491  kind house, booth, tent, shelter or other place for the purpose
10492  of gaming or gambling. or
10493         (b)Procure or allow a in any place of which she or he may
10494  directly or indirectly have charge, control or management,
10495  either exclusively or with others, procures, suffers or permits
10496  any person to play a game for money or any other valuable thing
10497  of value in a place that he or she may directly or indirectly
10498  manage or control.
10499         (c) Knowingly rent to another a physical structure or
10500  location or an online or offline system or network for the
10501  purpose of gaming or gambling.
10502         (2) A person may not act as a servant, clerk, agent, or
10503  employee of a person violating subsection (1).
10504         (3) A person may not aid, abet, or otherwise encourage or
10505  willfully and knowingly allow a minor or a person who is
10506  mentally incompetent or under guardianship to play or bet on a
10507  game of chance. For the purpose of this subsection, the term
10508  “person who is mentally incompetent” means a person who, because
10509  of mental illness, intellectual disability, senility, excessive
10510  use of drugs or alcohol, or other mental incapacity, is
10511  incapable of managing his or her property or caring for herself
10512  or himself.
10513         (4)The presence of implements, devices, or apparatus
10514  commonly used in games of chance in a gambling house or by a
10515  gambler, in any physical structure or location is prima facie
10516  evidence that such structure or location is used for the purpose
10517  of gambling.
10518         (5) A person who violates this section commits at any game
10519  whatever, whether heretofore prohibited or not, shall be guilty
10520  of a felony of the third degree, punishable as provided in s.
10521  775.082, s. 775.083, or s. 775.084.
10522         Section 157. Section 849.02, Florida Statutes, is amended
10523  to read:
10524         849.02 Agents or employees of keeper of gambling house.
10525  Whoever acts as servant, clerk, agent, or employee of any person
10526  in the violation of s. 849.01 shall be punished in the manner
10527  and to the extent therein mentioned.
10528         Section 158. Section 849.03, Florida Statutes, is amended
10529  to read:
10530         849.03 Renting house for gambling purposes.—Whoever,
10531  whether as owner or agent, knowingly rents to another a house,
10532  room, booth, tent, shelter or place for the purpose of gaming
10533  shall be punished in the manner and to the extent mentioned in
10534  s. 849.01.
10535         Section 159. Section 849.04, Florida Statutes, is amended
10536  to read:
10537         849.04 Permitting minors and persons under guardianship to
10538  gamble.—The proprietor, owner, or keeper of any E. O., keno or
10539  pool table, or billiard table, wheel of fortune, or other game
10540  of chance kept for the purpose of betting, who willfully and
10541  knowingly allows a minor or person who is mentally incompetent
10542  or under guardianship to play at such game or to bet on such
10543  game of chance; or whoever aids or abets or otherwise encourages
10544  such playing or betting of any money or other valuable thing
10545  upon the result of such game of chance by a minor or person who
10546  is mentally incompetent or under guardianship, commits a felony
10547  of the third degree, punishable as provided in s. 775.082, s.
10548  775.083, or s. 775.084. For the purpose of this section, the
10549  term “person who is mentally incompetent” means a person who
10550  because of mental illness, intellectual disability, senility,
10551  excessive use of drugs or alcohol, or other mental incapacity is
10552  incapable of managing his or her property or caring for himself
10553  or herself or both.
10554         Section 160. Section 849.05, Florida Statutes, is amended
10555  to read:
10556         849.05 Prima facie evidence.—If any of the implements,
10557  devices or apparatus commonly used in games of chance in
10558  gambling houses or by gamblers, are found in any house, room,
10559  booth, shelter or other place it shall be prima facie evidence
10560  that the said house, room, booth, shelter or other place where
10561  the same are found is kept for the purpose of gambling.
10562         Section 161. Section 849.07, Florida Statutes, is amended
10563  to read:
10564         849.07 Permitting Gambling on game of chance, billiards,
10565  billiard or pool prohibited table by holder of license.—
10566         (1) A person may not play or engage in a game of cards,
10567  keno, roulette, faro, or other game of chance at any location,
10568  by any device, for money or any other thing of value.
10569         (2) The operator of If any holder of a license to operate a
10570  billiard or pool table may not allow a shall permit any person
10571  to play billiards or pool or any other game for money, or any
10572  other thing of value, upon such table.
10573         (3) A person who violates this section commits tables, she
10574  or he shall be deemed guilty of a misdemeanor of the second
10575  degree, punishable as provided in s. 775.082 or s. 775.083.
10576         Section 162. Section 849.08, Florida Statutes, is amended
10577  to read:
10578         849.08 Gambling.—Whoever plays or engages in any game at
10579  cards, keno, roulette, faro or other game of chance, at any
10580  place, by any device whatever, for money or other thing of
10581  value, shall be guilty of a misdemeanor of the second degree,
10582  punishable as provided in s. 775.082 or s. 775.083.
10583         Section 163. Section 849.09, Florida Statutes, is amended
10584  to read:
10585         849.09 Lottery prohibited; exceptions.—
10586         (1)(a) It is unlawful for any person in this state to:
10587         1.(a)Establish Set up, promote, or conduct a any lottery
10588  for money or for anything of value;
10589         2.(b) Dispose of any money or other property of any kind
10590  whatsoever by means of any lottery;
10591         3.(c) Conduct a any lottery drawing for the distribution of
10592  a prize or prizes by lot or chance, or advertise any such
10593  lottery scheme or device in any newspaper or by circulars,
10594  posters, pamphlets, radio, telegraph, telephone, or otherwise;
10595  or
10596         4.(d) Aid or assist in the setting up, promoting, or
10597  conducting of any lottery or lottery drawing, whether by
10598  writing, printing, or in any other manner whatsoever, or be
10599  interested in or connected in any way with any lottery or
10600  lottery drawing.;
10601         (b) A person who violates this subsection commits a felony
10602  of the third degree, punishable as provided in s. 775.082, s.
10603  775.083, or s. 775.084.
10604         (2)(a) It is unlawful to:
10605         1.(e) Attempt to operate, conduct, or advertise any lottery
10606  scheme or device;
10607         2.(f)Possess a Have in her or his possession any lottery
10608  wheel, implement, or device whatsoever for conducting any
10609  lottery or scheme for the disposal by lot or chance of anything
10610  of value;
10611         3.(g) Sell, offer for sale, or transmit, in person or by
10612  mail or in any other manner whatsoever, a any lottery ticket,
10613  coupon, or share, or a any share in or fractional part of such
10614  any lottery ticket, coupon, or share, whether it such ticket,
10615  coupon, or share represents an interest in a live lottery not
10616  yet played or whether it represents, or has represented, an
10617  interest in a lottery that has already been played;
10618         4.(h)Possess a Have in her or his possession any lottery
10619  ticket, or any evidence of a any share or right in a any lottery
10620  ticket, or in a any lottery scheme or device, whether it such
10621  ticket or evidence of share or right represents an interest in a
10622  live lottery not yet played or whether it represents, or has
10623  represented, an interest in a lottery that has already been
10624  played;
10625         5.(i)Aid or Assist in the sale, disposal, or procurement
10626  of a any lottery ticket, coupon, or share, or any right to any
10627  drawing in a lottery;
10628         6.(j)Possess a Have in her or his possession any lottery
10629  advertisement, circular, poster, or pamphlet, or a any list or
10630  schedule of a any lottery prize, gift, or drawing prizes, gifts,
10631  or drawings; or
10632         7.(k)Possess a Have in her or his possession any so-called
10633  “run down sheet sheets,” tally sheet sheets, or other paper,
10634  record, instrument papers, records, instruments, or
10635  paraphernalia designed for use, either directly or indirectly,
10636  in, or in connection with a, the violation of this chapter or
10637  chapter 551 the laws of this state prohibiting lotteries and
10638  gambling.
10639         (b) A person who violates this subsection commits a
10640  misdemeanor of the first degree, punishable as provided in s.
10641  775.082 or s. 775.083. A person who commits a second or
10642  subsequent violation of this subsection commits a felony of the
10643  third degree, punishable as provided in s. 775.082, s. 775.083,
10644  or s. 775.084.
10645         (3)(a) Except as otherwise provided by law, a person may
10646  not:
10647         1. Produce a lottery ticket or advertisement, circular,
10648  bill, poster, pamphlet, list, schedule, announcement, or notice
10649  of a lottery prize or drawing or any other item connected with a
10650  lottery drawing, scheme, or device, or set up a type or plate
10651  for such printing or writing, to be used or distributed in this
10652  state or to be sent out of this state.
10653         2. As an owner or lessee of a building in this state,
10654  knowingly allow in such building the writing, typewriting,
10655  printing, or publishing of a lottery ticket or advertisement,
10656  circular, bill, poster, pamphlet, list, schedule, announcement,
10657  or notice of a lottery prize or drawing or any other item
10658  connected with a lottery drawing, scheme, or device, or
10659  knowingly allow the setting up of a type or plate for such
10660  printing or writing, to be used or distributed in this state or
10661  to be sent out of this state.
10662         (b) A person who violates this subsection commits a felony
10663  of the third degree, punishable as provided in s. 775.082, s.
10664  775.083, or s. 775.084.
10665         (4)(a) This chapter does not prohibit the printing or
10666  production of an advertisement or a lottery ticket for a lottery
10667  conducted in another state or nation where such lottery is not
10668  prohibited by its laws, or the sale of such materials by the
10669  manufacturer to a person or entity conducting or participating
10670  in the conduct of such a lottery in another state or nation.
10671  This section does not authorize an advertisement within this
10672  state relating to lotteries of another state or nation, the sale
10673  or resale within this state of such lottery tickets, chances, or
10674  shares to individuals, or any other acts otherwise in violation
10675  of the laws of this state.
10676         (b) This section does not prohibit participation in a
10677  nationally advertised contest, drawing, game, or puzzle of skill
10678  or chance for a prize unless it can be construed as a lottery
10679  under this section. This paragraph does not apply to any such
10680  contest based upon the outcome or results of any horserace,
10681  harness race, dog race, or jai alai game.
10682         (c) This section does not apply to bingo as authorized in
10683  s. 849.0931.
10684  
10685  Provided, that nothing in this section shall prohibit
10686  participation in any nationally advertised contest, drawing,
10687  game or puzzle of skill or chance for a prize or prizes unless
10688  it can be construed as a lottery under this section; and,
10689  provided further, that this exemption for national contests
10690  shall not apply to any such contest based upon the outcome or
10691  results of any horserace, harness race, dograce, or jai alai
10692  game.
10693         (2) Any person who is convicted of violating any of the
10694  provisions of paragraph (a), paragraph (b), paragraph (c), or
10695  paragraph (d) of subsection (1) is guilty of a felony of the
10696  third degree, punishable as provided in s. 775.082, s. 775.083,
10697  or s. 775.084.
10698         (3) Any person who is convicted of violating any of the
10699  provisions of paragraph (e), paragraph (f), paragraph (g),
10700  paragraph (i), or paragraph (k) of subsection (1) is guilty of a
10701  misdemeanor of the first degree, punishable as provided in s.
10702  775.082 or s. 775.083. Any person who, having been convicted of
10703  violating any provision thereof, thereafter violates any
10704  provision thereof is guilty of a felony of the third degree,
10705  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
10706  The provisions of this section do not apply to bingo as provided
10707  for in s. 849.0931.
10708         (4) Any person who is convicted of violating any of the
10709  provisions of paragraph (h) or paragraph (j) of subsection (1)
10710  is guilty of a misdemeanor of the first degree, punishable as
10711  provided in s. 775.082 or s. 775.083. Any person who, having
10712  been convicted of violating any provision thereof, thereafter
10713  violates any provision thereof is guilty of a felony of the
10714  third degree, punishable as provided in s. 775.082, s. 775.083,
10715  or s. 775.084.
10716         Section 164. Section 849.091, Florida Statutes, is amended
10717  to read:
10718         849.091 Certain groups Chain letters, pyramid clubs, etc.,
10719  declared a lottery; prohibited; penalties.—
10720         (1) The organization of a any chain letter club, pyramid
10721  club, or other group organized or brought together under a any
10722  plan or device in which whereby fees, or dues, or anything of
10723  material value to be paid or given by members thereof are to be
10724  paid or given to any other member of such group thereof, which
10725  plan or device includes a any provision for the increase in such
10726  membership through a chain process in which of new members who
10727  secure securing other new members advance and thereby advancing
10728  themselves in the group to a position where they such members in
10729  turn receive fees, dues, or things of material value from other
10730  members, is deemed hereby declared to be a lottery. A person who
10731  participates, and whoever shall participate in any such lottery
10732  by becoming a member of, or affiliating with, any such group or
10733  organization or who solicits a shall solicit any person for
10734  membership or affiliation in any such group or organization
10735  commits a misdemeanor of the first degree, punishable as
10736  provided in s. 775.082 or s. 775.083.
10737         (2) A “pyramid sales scheme,” which is Any sales or
10738  marketing plan or operation in which whereby a person pays a
10739  consideration or makes an investment of any kind, or makes an
10740  investment of any kind, in excess of $100 and acquires the
10741  opportunity to receive a benefit or thing of value that which is
10742  not primarily contingent on the volume or quantity of goods,
10743  services, or other property sold in bona fide sales to
10744  consumers, and which is related to the inducement of additional
10745  persons, by himself or herself or others, regardless of number,
10746  to participate in the same sales or marketing plan or operation,
10747  is deemed hereby declared to be a pyramid sales scheme and a
10748  lottery. A person who participates, and whoever shall
10749  participate in any such lottery by becoming a member or
10750  affiliate of or affiliating with, any such group or
10751  organization, or who solicits a shall solicit any person for
10752  membership or affiliation in any such group or organization,
10753  commits a misdemeanor of the first degree, punishable as
10754  provided in s. 775.082 or s. 775.083. For purposes of this
10755  subsection, the terms term “consideration” and the term
10756  “investment” do not include the purchase of goods or services
10757  furnished at cost for use in making sales, but not for resale,
10758  or time and effort spent in the pursuit of sales or recruiting
10759  activities.
10760         Section 165. Section 849.0915, Florida Statutes, is amended
10761  to read:
10762         849.0915 Referral selling.—
10763         (1) Giving or offering Referral selling, whereby the seller
10764  gives or offers a rebate or discount to a the buyer as an
10765  inducement for a sale in consideration of the buyer’s providing
10766  the seller with the names of prospective purchasers, is declared
10767  to be referral selling and a lottery if earning the rebate or
10768  discount is contingent upon the occurrence of an event
10769  subsequent to the time the buyer agrees to buy.
10770         (2) A Any person conducting a lottery by referral selling
10771  commits is guilty of a misdemeanor of the first degree,
10772  punishable as provided in s. 775.082 or s. 775.083.
10773         (3) In addition to the penalty provided in this section
10774  herein, the Attorney General and her or his or her assistants,
10775  the state attorneys and their assistants, and the Division of
10776  Consumer Services of the Department of Agriculture and Consumer
10777  Services may are authorized to apply to the circuit court within
10778  their respective jurisdictions, and such court shall have
10779  jurisdiction, upon hearing and for cause shown, to grant a
10780  temporary or permanent injunction restraining a any person from
10781  violating the provisions of this section, regardless of the
10782  existence of whether or not there exists an adequate remedy at
10783  law, and such injunction shall issue without bond.
10784         Section 166. Section 849.10, Florida Statutes, is amended
10785  to read:
10786         849.10 Printing lottery tickets, etc., prohibited.—
10787         (1) Except as otherwise provided by law, it is unlawful for
10788  any person, in any house, office, shop or building in this state
10789  to write, typewrite, print, or publish any lottery ticket or
10790  advertisement, circular, bill, poster, pamphlet, list or
10791  schedule, announcement or notice, of lottery prizes or drawings
10792  or any other matter or thing in any way connected with any
10793  lottery drawing, scheme or device, or to set up any type or
10794  plate for any such purpose, to be used or distributed in this
10795  state, or to be sent out of this state.
10796         (2) Except as otherwise provided by law, it is unlawful for
10797  the owner or lessee of any such house, shop or building
10798  knowingly to permit the printing, typewriting, writing or
10799  publishing therein of any lottery ticket or advertisement,
10800  circular, bill, poster, pamphlet, list, schedule, announcement
10801  or notice of lottery prizes or drawings, or any other matter or
10802  thing in any way connected with any lottery drawing, scheme or
10803  device, or knowingly to permit therein the setting up of any
10804  type or plate for any such purpose to be used or distributed in
10805  this state, or to be sent out of the state.
10806         (3) Nothing in this chapter shall make unlawful the
10807  printing or production of any advertisement or any lottery
10808  ticket for a lottery conducted in any other state or nation
10809  where such lottery is not prohibited by the laws of such state
10810  or nation, or the sale of such materials by the manufacturer
10811  thereof to any person or entity conducting or participating in
10812  the conduct of such a lottery in any other state or nation. This
10813  section does not authorize any advertisement within Florida
10814  relating to lotteries of any other state or nation, or the sale
10815  or resale within Florida of such lottery tickets, chances, or
10816  shares to individuals, or any other acts otherwise in violation
10817  of any laws of the state.
10818         (4) Any violation of this section shall be a felony of the
10819  third degree, punishable as provided in s. 775.082, s. 775.083,
10820  or s. 775.084.
10821         Section 167. Section 849.11, Florida Statutes, is amended
10822  to read:
10823         849.11 Plays at games of chance by lot.—
10824         (1) A person who Whoever sets up, promotes, or plays a at
10825  any game of chance by lot or with dice, cards, numbers, hazards,
10826  or any other gambling device whatever for, or for the disposal
10827  of money or other thing of value or under the pretext of a sale,
10828  gift, or delivery thereof, or for any right, share, or interest
10829  therein, commits shall be guilty of a misdemeanor of the second
10830  degree, punishable as provided in s. 775.082 or s. 775.083. A
10831  person who commits a second violation of this section commits a
10832  misdemeanor of the first degree, punishable as provided in s.
10833  775.082 or s. 775.083.
10834         (2)(a)The following are subject to seizure and forfeiture
10835  under the Florida Contraband Forfeiture Act:
10836         1.Money and anything of value drawn and won as a prize, or
10837  as a share of a prize, or as a share, percentage, or profit of
10838  the principal promoter or operator, in a lottery;
10839         2.Money, currency, or property to be disposed of, or
10840  offered to be disposed of, by chance or device in a scheme or
10841  under a pretext;
10842         3.Money or other thing of value received by the owner or
10843  holder of a ticket or share of a ticket in a lottery, or
10844  pretended lottery, or the owner or holder of a share or right in
10845  such schemes of chance or device;
10846         4.Money and other thing of value used to set up, conduct,
10847  or operate a lottery; and
10848         5.Money or other thing of value at stake, or used or
10849  displayed in connection with illegal gambling or an illegal
10850  gambling device.
10851         (b) Items forfeited under paragraph (a) may be recovered in
10852  a civil action brought by the Department of Legal Affairs, a
10853  state attorney, or other prosecuting officer in the circuit
10854  courts on behalf of the state.
10855         Section 168. Section 849.12, Florida Statutes, is amended
10856  to read:
10857         849.12 Money and prizes to be forfeited.—All sums of money
10858  and every other valuable thing drawn and won as a prize, or as a
10859  share of a prize, or as a share, percentage or profit of the
10860  principal promoter or operator, in any lottery, and all money,
10861  currency or property of any kind to be disposed of, or offered
10862  to be disposed of, by chance or device in any scheme or under
10863  any pretext by any person, and all sums of money or other thing
10864  of value received by any person by reason of her or his being
10865  the owner or holder of any ticket or share of a ticket in a
10866  lottery, or pretended lottery, or of a share or right in any
10867  such schemes of chance or device and all sums of money and other
10868  thing of value used in the setting up, conducting or operation
10869  of a lottery, and all money or other thing of value at stake, or
10870  used or displayed in or in connection with any illegal gambling
10871  or any illegal gambling device contrary to the laws of this
10872  state, shall be forfeited, and may be recovered by civil
10873  proceedings, filed, or by action for money had and received, to
10874  be brought by the Department of Legal Affairs or any state
10875  attorney, or other prosecuting officer, in the circuit courts in
10876  the name and on behalf of the state; the same to be applied when
10877  collected as all other penal forfeitures are disposed of.
10878         Section 169. Section 849.13, Florida Statutes, is amended
10879  to read:
10880         849.13 Punishment on second conviction.—Whoever, after
10881  being convicted of an offense forbidden by law in connection
10882  with lotteries, commits the like offense, shall be guilty of a
10883  misdemeanor of the first degree, punishable as provided in s.
10884  775.082 or s. 775.083.
10885         Section 170. Section 849.14, Florida Statutes, is amended
10886  to read:
10887         849.14 Betting Unlawful to bet on the result of a trial or
10888  contest of skill, etc.—The following acts constitute a
10889  misdemeanor of the second degree, punishable as provided in s.
10890  775.082 or s. 775.083:
10891         (1) Staking, betting, or wagering Whoever stakes, bets or
10892  wagers any money or any other thing of value on upon the result
10893  of a any trial or contest of skill, speed, or power, or
10894  endurance of a human or animal; beast, or
10895         (2) Receiving whoever receives in any manner whatsoever any
10896  money or any other thing of value that is staked, bet, or
10897  wagered, or offered for the purpose of being staked, bet or
10898  wagered, by or for another any other person upon any such
10899  result;, or
10900         (3)whoever Knowingly becoming becomes the custodian or
10901  depositary of any money or any other thing of value so staked,
10902  bet, or wagered upon any such result;, or
10903         (4) Aiding, assisting, or abetting whoever aids, or
10904  assists, or abets in any manner in any of such acts all of which
10905  are hereby forbidden, shall be guilty of a misdemeanor of the
10906  second degree, punishable as provided in s. 775.082 or s.
10907  775.083.
10908         Section 171. Section 849.15, Florida Statutes, is amended
10909  to read:
10910         849.15 Slot machine or device Manufacture, sale,
10911  possession, etc., of coin-operated devices prohibited.—
10912         (1) It is unlawful:
10913         (a) To manufacture, own, store, keep, possess, sell, rent,
10914  lease, let on shares, lend, or give away, transport, or expose
10915  for sale or lease, or to offer to sell, rent, lease, let on
10916  shares, lend, or give away, or allow permit the operation of a
10917  slot machine or device or any part thereof;, or
10918         (b) For a any person to allow permit to be placed,
10919  maintained, or used, or kept in any room, space, or building
10920  owned, leased, or occupied by the person or under the person’s
10921  management or control, a any slot machine or device or any part
10922  thereof; or
10923         (c)(b) To make or to allow permit to be made with a any
10924  person an any agreement with reference to a any slot machine or
10925  device, pursuant to which the user thereof, as a result of an
10926  any element of chance or other outcome unpredictable to him or
10927  her, may become entitled to receive any money, credit,
10928  allowance, or other thing of value or additional chance or right
10929  to use such machine or device, or to receive a any check, slug,
10930  token, or memorandum entitling the holder to receive any money,
10931  credit, allowance, or other thing of value.
10932         (2) Pursuant to section 2 of that chapter of the Congress
10933  of the United States entitled “An act to prohibit transportation
10934  of gaming devices in interstate and foreign commerce,” approved
10935  January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
10936  designated as 15 U.S.C. s. 1172 ss. 1171-1177, a the State of
10937  Florida, acting by and through the duly elected and qualified
10938  members of its Legislature, does hereby in this section, and in
10939  accordance with and in compliance with the provisions of section
10940  2 of such chapter of Congress, declare and proclaim that any
10941  county of the State of Florida within which slot machine gaming
10942  is authorized pursuant to chapter 551 is exempt from the
10943  provisions of section 2 of that chapter of the Congress of the
10944  United States entitled “An act to prohibit transportation of
10945  gaming devices in interstate and foreign commerce,” designated
10946  as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
10947  shipments of gaming devices, including slot machines, into a any
10948  county of this state within which slot machine gaming is
10949  authorized pursuant to chapter 551 which have been registered,
10950  recorded, and labeled and the registering, recording, and
10951  labeling of which have been duly performed by the manufacturer
10952  or distributor thereof in accordance with sections 3 and 4 of
10953  that chapter of the Congress of the United States entitled “An
10954  act to prohibit transportation of gaming devices in interstate
10955  and foreign commerce,” approved January 2, 1951, being ch. 1194,
10956  64 Stat. 1134, and also designated as 15 U.S.C. ss. 1173 and
10957  1174 are 1171-1177, shall be deemed legal, shipments thereof
10958  into this state provided the destination of such shipments is an
10959  eligible facility as defined in s. 551.102 or the facility of a
10960  slot machine manufacturer or slot machine distributor as
10961  provided in s. 551.109(2)(a).
10962         (3)(a) It is a defense to any action or prosecution under
10963  this section for the possession of a gambling device that such
10964  device is an antique slot machine that is not being used for
10965  gambling. For the purpose of this section, a slot machine is
10966  considered an antique if it was manufactured at least 20 years
10967  before the action or prosecution.
10968         (b) Notwithstanding law to the contrary, upon a successful
10969  defense to a prosecution for the possession of a gambling device
10970  pursuant to this section, the antique slot machine shall be
10971  returned to the person from whom it was seized.
10972         (4)(a) The term “slot machine or device” means a machine,
10973  apparatus, or device, or a system or network of devices, which
10974  is adapted for use in such a way that, upon activation, it is
10975  directly or indirectly caused to operate. Such operation may be
10976  achieved by the insertion of any piece of money, coin, account
10977  number, code, or other object or information. Such machine,
10978  apparatus, device, system, or network is not a slot machine
10979  unless the user, whether by application of skill or by reason of
10980  an element of chance or any other outcome unpredictable by the
10981  user, may:
10982         1. Receive or become entitled to receive any piece of
10983  money, credit, allowance, or thing of value, or any check, slug,
10984  token, or memorandum, whether of value or otherwise, which may
10985  be exchanged for any money, credit, allowance, or thing of value
10986  or which may be given in trade; or
10987         2. Secure additional chances or rights to use such machine,
10988  apparatus, device, system, or network even though the machine,
10989  apparatus, device, system, or network may be available for free
10990  play or, in addition to an element of chance or unpredictable
10991  outcome of such operation, may also sell, deliver, or present
10992  some merchandise, indication of weight, entertainment, or other
10993  thing of value.
10994         (b) The term “slot machine or device” includes, but is not
10995  limited to, devices regulated as slot machines pursuant to
10996  chapter 551.
10997         (c) This section does not apply to the possession of a
10998  reverse vending machine. As used in this section, the term
10999  “reverse vending machine” means a machine into which empty
11000  beverage containers are deposited for recycling and which
11001  provides a payment of money, merchandise, vouchers, or other
11002  incentives. At a frequency less than upon the deposit of each
11003  beverage container, a reverse vending machine may pay out a
11004  random incentive bonus greater than that guaranteed payment in
11005  the form of money, merchandise, vouchers, or other incentives.
11006  The deposit of an empty beverage container into a reverse
11007  vending machine does not constitute consideration, and a reverse
11008  vending machine may not be deemed a slot machine as defined in
11009  this section.
11010         (d) There is a rebuttable presumption that a machine,
11011  apparatus, device, system, or network is a prohibited slot
11012  machine or device if it is used to display images of games of
11013  chance and is part of a scheme involving a payment or donation
11014  of money or its equivalent and the award of anything of value.
11015         (5) Upon the arrest of a person charged with violating this
11016  section, the arresting officer shall take into his or her
11017  custody any such machine, apparatus, device, system or network,
11018  including its contents, and the arresting agency, at the place
11019  of seizure, shall make a complete list and inventory of all
11020  items taken into custody. A copy of such list shall be delivered
11021  to the person from whom the items have been seized. The
11022  arresting agency shall retain all evidence seized and shall
11023  provide it to investigators, prosecutors, or other officials
11024  involved in the proceedings.
11025         (6) After a conviction for a violation of this section, the
11026  judge of the court trying the case shall provide notice to the
11027  person convicted, and to any other person whom the judge
11028  determines is entitled to such notice, advising him or her that
11029  the court will issue to the sheriff of the county a written
11030  order declaring the seized machine, apparatus, device, system,
11031  or network forfeited and directing the sheriff to destroy it.
11032  The order of the court shall state the time, place, and manner
11033  in which the property will be destroyed, and, accordingly, the
11034  sheriff shall destroy the seized property in the presence of the
11035  clerk of the circuit court of such county.
11036         (7) There is no right of property in and to a machine,
11037  apparatus, device, system, or network and to money and other
11038  things of value that were contained therein, and the same shall
11039  be forfeited to the county in which the seizure was made and
11040  expeditiously delivered to the clerk of the circuit court and
11041  placed in the fine and forfeiture fund of such county.
11042         (8) A room, house, building, boat, vehicle, structure, or
11043  place in which a machine, apparatus, device, system, or network,
11044  or any part thereof, the possession, operation, or use of which
11045  is prohibited by this section, is maintained or operated, and
11046  each such machine, apparatus, device, system, or network is
11047  declared to be a common nuisance. If a person has knowledge, or
11048  reason to believe, that his or her room, house, building, boat,
11049  vehicle, structure, or place is occupied or used in violation of
11050  this section and by acquiescence or consent allows it to be
11051  used, such room, house, building, boat, vehicle, structure, or
11052  place shall be subject to a lien for, and may be sold to pay,
11053  all fines or costs assessed against the person guilty of such
11054  nuisance, for such violation, and the several state attorneys
11055  shall enforce such lien in the courts of this state having
11056  jurisdiction.
11057         (9) A civil action may be brought to enjoin a nuisance as
11058  defined in this section. If a plaintiff demonstrates to the
11059  satisfaction of the court that such nuisance exists, the court
11060  shall immediately issue a temporary writ of injunction
11061  restraining the defendant from conducting or allowing the
11062  continuance of such nuisance until the conclusion of the action.
11063  The plaintiff may seek, and the court may enter, an order
11064  restraining the defendant and all other persons from removing,
11065  or in any way interfering with, the machines, devices, or other
11066  items used in connection with the violation of this section
11067  which constitutes such a nuisance. Bond may not be required in
11068  instituting such proceedings.
11069         (10) A clerk of the courts or sheriff performing duties
11070  under this section shall receive the same fees as prescribed by
11071  general law for the performance of similar duties, and such fees
11072  shall be paid out of the fine and forfeiture fund of the county
11073  in the same manner as costs are paid upon conviction of an
11074  insolvent person.
11075         (11) A person who violates this section commits a
11076  misdemeanor of the second degree, punishable as provided in s.
11077  775.082 or s. 775.083. A person who commits a second violation
11078  of this section commits a misdemeanor of the first degree,
11079  punishable as provided in s. 775.082 or s. 775.083. A person who
11080  commits a third violation of this section is a “common
11081  offender,” and commits a felony of the third degree, punishable
11082  as provided in s. 775.082, s. 775.083, or s. 775.084.
11083         Section 172. Section 849.16, Florida Statutes, is amended
11084  to read:
11085         849.16 Machines or devices which come within provisions of
11086  law defined.—
11087         (1) As used in this chapter, the term “slot machine or
11088  device” means any machine or device or system or network of
11089  devices that is adapted for use in such a way that, upon
11090  activation, which may be achieved by, but is not limited to, the
11091  insertion of any piece of money, coin, account number, code, or
11092  other object or information, such device or system is directly
11093  or indirectly caused to operate or may be operated and if the
11094  user, whether by application of skill or by reason of any
11095  element of chance or any other outcome unpredictable by the
11096  user, may:
11097         (a) Receive or become entitled to receive any piece of
11098  money, credit, allowance, or thing of value, or any check, slug,
11099  token, or memorandum, whether of value or otherwise, which may
11100  be exchanged for any money, credit, allowance, or thing of value
11101  or which may be given in trade; or
11102         (b) Secure additional chances or rights to use such
11103  machine, apparatus, or device, even though the device or system
11104  may be available for free play or, in addition to any element of
11105  chance or unpredictable outcome of such operation, may also
11106  sell, deliver, or present some merchandise, indication of
11107  weight, entertainment, or other thing of value. The term “slot
11108  machine or device” includes, but is not limited to, devices
11109  regulated as slot machines pursuant to chapter 551.
11110         (2) This chapter may not be construed, interpreted, or
11111  applied to the possession of a reverse vending machine. As used
11112  in this section, the term “reverse vending machine” means a
11113  machine into which empty beverage containers are deposited for
11114  recycling and which provides a payment of money, merchandise,
11115  vouchers, or other incentives. At a frequency less than upon the
11116  deposit of each beverage container, a reverse vending machine
11117  may pay out a random incentive bonus greater than that
11118  guaranteed payment in the form of money, merchandise, vouchers,
11119  or other incentives. The deposit of any empty beverage container
11120  into a reverse vending machine does not constitute
11121  consideration, and a reverse vending machine may not be deemed a
11122  slot machine as defined in this section.
11123         (3) There is a rebuttable presumption that a device,
11124  system, or network is a prohibited slot machine or device if it
11125  is used to display images of games of chance and is part of a
11126  scheme involving any payment or donation of money or its
11127  equivalent and awarding anything of value.
11128         Section 173. Section 849.17, Florida Statutes, is amended
11129  to read:
11130         849.17 Confiscation of machines by arresting officer.—Upon
11131  the arrest of any person charged with the violation of any of
11132  the provisions of ss. 849.15-849.23 the arresting officer shall
11133  take into his or her custody any such machine, apparatus or
11134  device, and its contents, and the arresting agency, at the place
11135  of seizure, shall make a complete and correct list and inventory
11136  of all such things so taken into his or her custody, and deliver
11137  to the person from whom such article or articles may have been
11138  seized, a true copy of the list of all such articles. The
11139  arresting agency shall retain all evidence seized and shall have
11140  the same forthcoming at any investigation, prosecution or other
11141  proceedings, incident to charges of violation of any of the
11142  provisions of ss. 849.15-849.23.
11143         Section 174. Section 849.18, Florida Statutes, is amended
11144  to read:
11145         849.18 Disposition of machines upon conviction.—Upon
11146  conviction of the person arrested for the violation of any of
11147  the provisions of ss. 849.15-849.23, the judge of the court
11148  trying the case, after such notice to the person convicted, and
11149  any other person whom the judge may be of the opinion is
11150  entitled to such notice, and as the judge may deem reasonable,
11151  shall issue to the sheriff of the county a written order
11152  adjudging and declaring any such machine, apparatus or device
11153  forfeited, and directing such sheriff to destroy the same, with
11154  the exception of the money. The order of the court shall state
11155  the time and place and the manner in which such property shall
11156  be destroyed, and the sheriff shall destroy the same in the
11157  presence of the clerk of the circuit court of such county.
11158         Section 175. Section 849.19, Florida Statutes, is amended
11159  to read:
11160         849.19 Property rights in confiscated machine.—The right of
11161  property in and to any machine, apparatus or device as defined
11162  in s. 849.16 and to all money and other things of value therein,
11163  is declared not to exist in any person, and the same shall be
11164  forfeited and such money or other things of value shall be
11165  forfeited to the county in which the seizure was made and shall
11166  be delivered forthwith to the clerk of the circuit court and
11167  shall by her or him be placed in the fine and forfeiture fund of
11168  said county.
11169         Section 176. Section 849.20, Florida Statutes, is amended
11170  to read:
11171         849.20 Machines and devices declared nuisance; place of
11172  operation subject to lien for fine.—Any room, house, building,
11173  boat, vehicle, structure or place wherein any machine or device,
11174  or any part thereof, the possession, operation or use of which
11175  is prohibited by ss. 849.15-849.23, shall be maintained or
11176  operated, and each of such machines or devices, is declared to
11177  be a common nuisance. If a person has knowledge, or reason to
11178  believe, that his or her room, house, building, boat, vehicle,
11179  structure or place is occupied or used in violation of the
11180  provisions of ss. 849.15-849.23 and by acquiescence or consent
11181  suffers the same to be used, such room, house, building, boat,
11182  vehicle, structure or place shall be subject to a lien for and
11183  may be sold to pay all fines or costs assessed against the
11184  person guilty of such nuisance, for such violation, and the
11185  several state attorneys shall enforce such lien in the courts of
11186  this state having jurisdiction.
11187         Section 177. Section 849.21, Florida Statutes, is amended
11188  to read:
11189         849.21 Injunction to restrain violation.—An action to
11190  enjoin any nuisance as herein defined may be brought by any
11191  person in the courts of equity in this state. If it is made to
11192  appear by affidavit or otherwise, to the satisfaction of the
11193  court, or judge in vacation, that such nuisance exists, a
11194  temporary writ of injunction shall forthwith issue restraining
11195  the defendant from conducting or permitting the continuance of
11196  such nuisance until the conclusion of the action. Upon
11197  application of the complainant in such a proceeding, the court
11198  or judge may also enter an order restraining the defendant and
11199  all other persons from removing, or in any way interfering with
11200  the machines or devices or other things used in connection with
11201  the violation of ss. 849.15-849.23 constituting such a nuisance.
11202  No bond shall be required in instituting such proceedings.
11203         Section 178. Section 849.22, Florida Statutes, is amended
11204  to read:
11205         849.22 Fees of clerk of circuit court and sheriff.—The
11206  clerks of the courts and the sheriffs performing duties under
11207  the provisions of ss. 849.15-849.23 shall receive the same fees
11208  as prescribed by general law for the performance of similar
11209  duties, and such fees shall be paid out of the fine and
11210  forfeiture fund of the county as costs are paid upon conviction
11211  of an insolvent person.
11212         Section 179. Section 849.23, Florida Statutes, is amended
11213  to read:
11214         849.23 Penalty for violations of ss. 849.15-849.22.—Whoever
11215  shall violate any of the provisions of ss. 849.15-849.22 shall,
11216  upon conviction thereof, be guilty of a misdemeanor of the
11217  second degree, punishable as provided in s. 775.082 or s.
11218  775.083. Any person convicted of violating any provision of ss.
11219  849.15-849.22, a second time shall, upon conviction thereof, be
11220  guilty of a misdemeanor of the first degree, punishable as
11221  provided in s. 775.082 or s. 775.083. Any person violating any
11222  provision of ss. 849.15-849.22 after having been twice convicted
11223  already shall be deemed a “common offender,” and shall be guilty
11224  of a felony of the third degree, punishable as provided in s.
11225  775.082, s. 775.083, or s. 775.084.
11226         Section 180. Section 849.231, Florida Statutes, is amended
11227  to read:
11228         849.231 Gambling devices; manufacture, sale, purchase, or
11229  possession unlawful.—
11230         (1)(a)With the exception of ordinary dice or playing
11231  cards, a person may not Except in instances when the following
11232  described implements or apparatus are being held or transported
11233  by authorized persons for the purpose of destruction, as
11234  hereinafter provided, and except in instances when the following
11235  described instruments or apparatus are being held, sold,
11236  transported, or manufactured by persons who have registered with
11237  the United States Government pursuant to the provisions of Title
11238  15 of the United States Code, ss. 1171 et seq., as amended, so
11239  long as the described implements or apparatus are not displayed
11240  to the general public, sold for use in Florida, or held or
11241  manufactured in contravention of the requirements of 15 U.S.C.
11242  ss. 1171 et seq., it shall be unlawful for any person to
11243  manufacture, sell, transport, offer for sale, purchase, own, or
11244  have in his or her possession a any roulette wheel or table,
11245  faro layout, crap table or layout, chemin de fer table or
11246  layout, chuck-a-luck wheel, bird cage such as used for gambling,
11247  bolita balls, chips with house markings, or any other device,
11248  implement, apparatus, or paraphernalia ordinarily or commonly
11249  used or designed to be used in the operation of a gambling house
11250  houses or establishment establishments, excepting ordinary dice
11251  and playing cards.
11252         (b)(2) In addition to any other penalties provided for the
11253  violation of this section, any occupational license held by a
11254  person who commits a violation of found guilty of violating this
11255  section shall be suspended for a period not to exceed 5 years.
11256         (c)1.This section does not apply to implements or
11257  apparatus held or transported by authorized persons for the
11258  purpose of destruction as provided in this section or if the
11259  instruments or apparatus are being held, sold, transported, or
11260  manufactured by persons who have registered with the United
11261  States Government pursuant to the provisions of 15 U.S.C. ss.
11262  1171 et seq., as amended, and are not displayed to the general
11263  public, sold for use in this state, or held or manufactured in
11264  contravention of the requirements of 15 U.S.C. ss. 1171 et seq.
11265         2.(3) This section and subsection 849.01(4) s. 849.05 do
11266  not apply to a vessel of foreign registry or a vessel operated
11267  under the authority of a country other than except the United
11268  States, while docked in, this state or transiting in the
11269  territorial waters of, this state.
11270         (2) There is no right of property in the implements or
11271  devices enumerated or included in subsection (1) and, upon the
11272  seizure of any such implement, device, apparatus, or
11273  paraphernalia by an authorized law enforcement officer, such
11274  implements or devices shall be delivered to and held by the
11275  clerk of the co