Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7072
       
       
       
       
       
       
                                Ì843294;Î843294                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/19/2016           .                                
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       The Committee on Regulated Industries (Sachs) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 20.318, Florida Statutes, is created to
    6  read:
    7         20.318 Department of Gaming.—There is created a Department
    8  of Gaming.
    9         (1) GAMING COMMISSION.—There is created a board, as defined
   10  in s. 20.03, called the Gaming Commission, which is the head of
   11  the Department of Gaming.
   12         (a) The commission consists of five members appointed by
   13  the Governor and subject to confirmation by the Senate. One
   14  member of the commission must be licensed in this state as a
   15  certified public accountant with at least 5 years of experience
   16  in general accounting, one member must have experience in the
   17  fields of investigation or law enforcement, and one member must
   18  have experience in the business of gaming.
   19         (b) A person may not be appointed to or serve as a member
   20  of the commission if the person:
   21         1.Is an elected state official.
   22         2.Is licensed by the commission, or is an officer of, has
   23  a financial interest in, or has a direct or indirect contractual
   24  relationship with, any applicant for a license.
   25         3.Is related to any person who is licensed by the
   26  commission within the second degree of consanguinity or
   27  affinity.
   28         4.Has, within the 10 years preceding his or her
   29  appointment, been indicted for, been convicted of, pled guilty
   30  or nolo contendere to, or forfeited bail for a felony or a
   31  misdemeanor involving gambling or fraud under the laws of this
   32  or any other state or the United States.
   33         5. Is a registered lobbyist.
   34         (c) Each member of the commission is appointed to a 4-year
   35  term. However, for the purpose of providing staggered terms for
   36  the initial appointments, three members selected shall be
   37  appointed to 4-year terms, and the remaining two members shall
   38  be appointed to 2-year terms. Terms expire on June 30. Upon the
   39  expiration of the term of a member, the Governor shall appoint a
   40  successor to serve for a 4-year term in the same manner as the
   41  original appointment. A member of the commission whose term has
   42  expired shall continue to serve on the commission until a
   43  replacement is appointed. If a vacancy on the commission occurs
   44  before the expiration of the term, it shall be filled for the
   45  unexpired portion of the term in the same manner as the original
   46  appointment.
   47         (d) A member of the commission may not serve more than two
   48  full terms. Members of the commission shall serve full-time
   49  during a term.
   50         (e) The commission shall be headquartered in Tallahassee.
   51  However, the commission may establish field offices as it deems
   52  necessary.
   53         (f) The initial meeting of the commission must be held by
   54  October 1, 2016. The commission shall elect a chair from among
   55  its membership, who remains chair for two full 4-year terms.
   56  Upon expiration of the chair’s second term, the commission shall
   57  elect a chair from its membership at the next regular scheduled
   58  meeting. The commission must meet at least monthly, upon the
   59  call of the chair or upon the call of a majority of the members
   60  of the commission.
   61         (g) The commission shall appoint an executive director. The
   62  executive director may hire assistants and other employees as
   63  necessary to conduct the business of the commission.
   64         (h) The members of the commission, the executive director,
   65  and any other employees of the commission may not have a direct
   66  or indirect financial interest in the entities that the
   67  commission regulates. Such persons also may not engage in any
   68  political activity, including using their official authority to
   69  influence the result of an election. The members of the
   70  commission, the executive director, and other employees or
   71  agents of the commission may not engage in outside employment
   72  related to the activities or persons regulated by the
   73  commission.
   74         (i) The members of the commission, the executive director,
   75  and each managerial employee must file annual financial
   76  disclosures. Such persons must also immediately disclose matters
   77  related to criminal arrests, negotiations for an interest in a
   78  licensee or applicant, and negotiations for employment with a
   79  licensee or an applicant and may not engage in activities that
   80  may constitute a conflict of interest.
   81         (2) DIVISIONS.—The Department of Gaming shall consist of
   82  the following divisions:
   83         (a) The Division of Administration.
   84         (b) The Division of Enforcement.
   85         (c) The Division of Licensure.
   86         (d) The Division of Revenue and Audits.
   87         (3) DEFINITIONS.—As used in this section, the term:
   88         (a)“Commission” means the Gaming Commission.
   89         (b)“Department” means the Department of Gaming.
   90         (c)“Gaming” means any gaming activity, occupation, or
   91  profession regulated by the department.
   92         (4) POWERS AND DUTIES.—
   93         (a)The department shall adopt rules establishing a
   94  procedure for the renewal of licenses.
   95         (b)The department shall submit an annual budget to the
   96  Legislature at a time and in the manner provided by law.
   97         (c)The department shall adopt rules to administer the laws
   98  under its authority.
   99         (d) The department shall require an oath on application
  100  documents as required by rule, which oath must state that the
  101  information contained in the document is true and complete.
  102         (e) The department shall adopt rules for the control,
  103  supervision, and direction of all applicants, permittees, and
  104  licensees and for the holding, conducting, and operating of any
  105  gaming establishment under the jurisdiction of the department in
  106  this state. The department shall have the authority to suspend a
  107  permit or license under the jurisdiction of the department if
  108  the permitholder or licensee has violated any provision of
  109  chapter 550, chapter 551, chapter 849, or rules adopted by the
  110  department. Such rules must be uniform in their application and
  111  effect, and the duty of exercising this control and power is
  112  made mandatory upon the department.
  113         (f) The department may take testimony concerning any matter
  114  within its jurisdiction and issue summons and subpoenas for any
  115  witness and subpoenas duces tecum in connection with any matter
  116  within the jurisdiction of the department under its seal and
  117  signed by the director. The commission may seek injunctive
  118  relief from the courts to enforce this act and any rule adopted
  119  by the commission.
  120         (g) In addition to the power to exclude certain persons
  121  from any pari-mutuel facility in this state, the department may
  122  exclude any person from any and all gaming establishments under
  123  the jurisdiction of the department for conduct that would
  124  constitute, if the person were a licensee, a violation of
  125  chapter 550, chapter 551, chapter 849, or the rules of the
  126  department. The department may exclude from any gaming
  127  establishment under its jurisdiction any person who has been
  128  ejected from any pari-mutuel facility or other gaming
  129  establishment in this state or who has been excluded from any
  130  pari-mutuel facility or other gaming establishment in another
  131  state by the governmental department, agency, commission, or
  132  authority exercising regulatory jurisdiction over such
  133  facilities in such other state. The department may authorize any
  134  person who has been ejected or excluded from establishments in
  135  this state or another state to enter a pari-mutuel facility or
  136  gaming establishment in this state upon a finding that the
  137  attendance of such person would not be adverse to the public
  138  interest or to the integrity of the industry; however, this
  139  paragraph may not be construed to abrogate the common-law right
  140  of a pari-mutuel permitholder or a proprietor of a gaming
  141  establishment to exclude absolutely a patron in this state.
  142         (h) The department may collect taxes and require compliance
  143  with reporting requirements for financial information as
  144  authorized by chapter 550, chapter 551, or chapter 849. In
  145  addition, the executive director of the department may require
  146  gaming establishments within its jurisdiction to remit taxes,
  147  including fees, by electronic funds transfer.
  148         (i) The department may conduct investigations necessary for
  149  enforcing chapters 550, 551, and 849.
  150         (j) The department may impose, for a violation of chapter
  151  550, chapter 551, or chapter 849, an administrative fine of not
  152  more than $1,000 for each count or separate offense, except as
  153  otherwise provided in chapter 550, chapter 551, or chapter 849,
  154  and may suspend or revoke a permit, an operating license, or an
  155  occupational license for a violation of chapter 550, chapter
  156  551, or chapter 849. All fines imposed and collected under this
  157  paragraph must be deposited with the Chief Financial Officer to
  158  the credit of the General Revenue Fund.
  159         (k) The department shall have full authority and power to
  160  make, adopt, amend, or repeal rules relating to gaming
  161  operations, to enforce and to carry out the provisions of
  162  chapters 550, 551, and 849, and to regulate authorized gaming
  163  activities in the state, including rules that specify the types
  164  of games that are authorized, the times during which such games
  165  are authorized, and the places at which such games are
  166  authorized. The commission shall establish procedures to
  167  scientifically test slot machines and other authorized gaming
  168  equipment.
  169         (l)The department shall provide advisory opinions when
  170  requested by any law enforcement official, state attorney, or
  171  entity licensed by the department relating to the application of
  172  state gaming laws with respect to whether a particular act or
  173  device constitutes legal or illegal gambling under state laws
  174  and administrative rules adopted thereunder. A written record
  175  shall be retained of all such opinions issued by the department,
  176  which shall be sequentially numbered, dated, and indexed by
  177  subject matter. Any person or entity acting in good faith upon
  178  an advisory opinion that such person or entity requested and
  179  received is not subject to any criminal penalty provided for
  180  under state law for illegal gambling. The opinion, until amended
  181  or revoked, is binding on any person or entity who sought the
  182  opinion, or with reference to whom the opinion was sought,
  183  unless material facts were omitted or misstated in the request
  184  for the advisory opinion. The department may adopt rules
  185  regarding the process for securing an advisory opinion and may
  186  require in those rules the submission of any potential gaming
  187  apparatus for testing by a licensed testing laboratory to prove
  188  or disprove the compliance of the apparatus with state law
  189  before the issuance of an opinion by the department.
  190         (m)The department may employ law enforcement officers as
  191  defined in s. 943.10 within the Division of Enforcement to
  192  enforce any statute or law of this state related to gambling, to
  193  enforce any other criminal law, or to conduct any criminal
  194  investigation.
  195         1. In order to be a law enforcement officer for the
  196  department, a person must meet the minimum qualifications for a
  197  law enforcement officer under s. 943.13 and must be certified
  198  for employment or appointment as an officer by the Department of
  199  Law Enforcement under s. 943.1395. Upon certification, each law
  200  enforcement officer is subject to, and has the authority
  201  provided for law enforcement officers generally in, chapter 901
  202  and has statewide jurisdiction. Each officer also has full law
  203  enforcement powers.
  204         2. The department may also appoint part-time, reserve, or
  205  auxiliary law enforcement officers pursuant to chapter 943.
  206         3. A law enforcement officer of the department, upon
  207  certification pursuant to s. 943.1395, has the same right and
  208  authority to carry arms as do the sheriffs of this state.
  209         4.A law enforcement officer in this state who is certified
  210  pursuant to chapter 943 has the same authority as a law
  211  enforcement officer designated in this section to enforce the
  212  laws of this state described in this paragraph.
  213         (n) The department shall contract with the Department of
  214  Revenue, through an interagency agreement, to perform the tax
  215  collection and financial audit services for the taxes required
  216  to be collected by entities licensed or regulated by chapter
  217  550, chapter 551, or chapter 849. The interagency agreement must
  218  also allow the Department of Revenue to assist in any financial
  219  investigation of a licensee or an application for a license by
  220  the Department of Gaming or a law enforcement agency.
  221         (5) LICENSING.—The department may:
  222         (a)Close and terminate deficient license application files
  223  2 years after the department notifies the applicant of the
  224  deficiency; and
  225         (b)Approve gaming-related licenses that meet all statutory
  226  and rule requirements for licensure.
  227         Section 2. (1) All of the statutory powers, duties, and
  228  functions, records, personnel, property, and unexpended balances
  229  of appropriations, allocations, or others funds for the
  230  administration of chapter 550, Florida Statutes, relating to
  231  pari-mutuel wagering; chapter 551, Florida Statutes, relating to
  232  slot machine gaming; and s. 849.086, Florida Statutes, relating
  233  to cardroom operations, shall be transferred by a type two
  234  transfer, as defined in s. 20.06(2), Florida Statutes, from the
  235  Division of Pari-mutuel Wagering within the Department of
  236  Business and Professional Regulation to the Department of
  237  Gaming.
  238         (2) The transfer of regulatory authority under chapter 550,
  239  Florida Statutes; chapter 551, Florida Statutes; and s. 849.086,
  240  Florida Statutes, provided by this section does not affect the
  241  validity of any judicial or administrative action pending as of
  242  11:59 p.m. on the day before the effective date of this section
  243  to which the Division of Pari-mutuel Wagering is at that time a
  244  party, and the Department of Gaming shall be substituted as a
  245  party in interest in any such action.
  246         (3) All lawful orders issued by the Division of Pari-mutuel
  247  Wagering implementing, enforcing, or otherwise in regard to any
  248  provision of chapter 550, Florida Statutes; chapter 551, Florida
  249  Statutes; and s. 849.086, Florida Statutes, issued before the
  250  effective date of this section shall remain in effect and be
  251  enforceable after the effective date of this section unless
  252  thereafter modified in accordance with law.
  253         (4) The rules of the Division of Pari-mutuel Wagering
  254  relating to the implementation of chapter 550, Florida Statutes;
  255  chapter 551, Florida Statutes; and s. 849.086, Florida Statutes,
  256  which were in effect at 11:59 p.m. on the day before the
  257  effective date of this section shall become the rules of the
  258  Department of Gaming and shall remain in effect until amended or
  259  repealed in the manner provided by law.
  260         (5) Notwithstanding the transfer of regulatory authority
  261  under chapter 550, Florida Statutes; chapter 551, Florida
  262  Statutes; and s. 849.086, Florida Statutes, provided by this
  263  section, persons and entities holding in good standing any
  264  license or permit under chapter 550, Florida Statutes; chapter
  265  551, Florida Statutes; and s. 849.086, Florida Statutes, as of
  266  11:59 p.m. on the day before the effective date of this section
  267  shall, as of the effective date of this section, be deemed to
  268  hold in good standing a license or permit in the same capacity
  269  as that for which the license or permit was formerly issued.
  270         (6) Notwithstanding the transfer of regulatory authority
  271  under chapter 550, Florida Statutes; chapter 551, Florida
  272  Statutes; and s. 849.086, Florida Statutes, provided by this
  273  section, persons and entities holding in good standing any
  274  certification under chapter 550, Florida Statutes; chapter 551,
  275  Florida Statutes; and s. 849.086, Florida Statutes, as of 11:59
  276  p.m. on the day before the effective date of this section shall,
  277  as of the effective date of this section, be deemed to be
  278  certified in the same capacity in which they were formerly
  279  certified.
  280         (7) This section is effective October 1, 2016.
  281         Section 3. Subsection (2) of section 20.165, Florida
  282  Statutes, is amended to read:
  283         20.165 Department of Business and Professional Regulation.
  284  There is created a Department of Business and Professional
  285  Regulation.
  286         (2) The following divisions of the Department of Business
  287  and Professional Regulation are established:
  288         (a) Division of Administration.
  289         (b) Division of Alcoholic Beverages and Tobacco.
  290         (c) Division of Certified Public Accounting.
  291         1. The director of the division shall be appointed by the
  292  secretary of the department, subject to approval by a majority
  293  of the Board of Accountancy.
  294         2. The offices of the division shall be located in
  295  Gainesville.
  296         (d) Division of Drugs, Devices, and Cosmetics.
  297         (e) Division of Florida Condominiums, Timeshares, and
  298  Mobile Homes.
  299         (f) Division of Hotels and Restaurants.
  300         (g) Division of Pari-mutuel Wagering.
  301         (g)(h) Division of Professions.
  302         (h)(i) Division of Real Estate.
  303         1. The director of the division shall be appointed by the
  304  secretary of the department, subject to approval by a majority
  305  of the Florida Real Estate Commission.
  306         2. The offices of the division shall be located in Orlando.
  307         (i)(j) Division of Regulation.
  308         (j)(k) Division of Technology.
  309         (k)(l) Division of Service Operations.
  310         Section 4. Subsection (4) of section 120.80, Florida
  311  Statutes, is amended, and subsection (19) is added to that
  312  section, to read:
  313         120.80 Exceptions and special requirements; agencies.—
  314         (4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.—
  315         (a) Business regulation.—The Division of Pari-mutuel
  316  Wagering is exempt from the hearing and notice requirements of
  317  ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
  318  boards of judges when the hearing is to be held for the purpose
  319  of the imposition of fines or suspensions as provided by rules
  320  of the Division of Pari-mutuel Wagering, but not for
  321  revocations, and only upon violations of subparagraphs 1.-6. The
  322  Division of Pari-mutuel Wagering shall adopt rules establishing
  323  alternative procedures, including a hearing upon reasonable
  324  notice, for the following violations:
  325         1. Horse riding, harness riding, greyhound interference,
  326  and jai alai game actions in violation of chapter 550.
  327         2. Application and usage of drugs and medication to horses,
  328  greyhounds, and jai alai players in violation of chapter 550.
  329         3. Maintaining or possessing any device which could be used
  330  for the injection or other infusion of a prohibited drug to
  331  horses, greyhounds, and jai alai players in violation of chapter
  332  550.
  333         4. Suspensions under reciprocity agreements between the
  334  Division of Pari-mutuel Wagering and regulatory agencies of
  335  other states.
  336         5. Assault or other crimes of violence on premises licensed
  337  for pari-mutuel wagering.
  338         6. Prearranging the outcome of any race or game.
  339         (b) Professional regulation.Notwithstanding s.
  340  120.57(1)(a), formal hearings may not be conducted by the
  341  Secretary of Business and Professional Regulation or a board or
  342  member of a board within the Department of Business and
  343  Professional Regulation for matters relating to the regulation
  344  of professions, as defined by chapter 455.
  345         (19) DEPARTMENT OF GAMING.—The department is exempt from
  346  the hearing and notice requirements of ss. 120.569 and
  347  120.57(1)(a), but only for stewards, judges, and boards of
  348  judges when the hearing is to be held for the purpose of the
  349  imposition of fines or suspensions as provided by rules of the
  350  Department of Gaming, but not for revocations, and only upon
  351  violations of paragraphs (a) through (f). The Department of
  352  Gaming shall adopt rules establishing alternative procedures,
  353  including a hearing upon reasonable notice, for the following
  354  violations:
  355         (a) Horse riding, harness riding, greyhound interference,
  356  and jai alai game actions in violation of chapter 550.
  357         (b) Application and usage of drugs and medication to
  358  horses, greyhounds, and jai alai players in violation of chapter
  359  550.
  360         (c) Maintaining or possessing any device which could be
  361  used for the injection or other infusion of a prohibited drug to
  362  horses, greyhounds, and jai alai players in violation of chapter
  363  550.
  364         (d) Suspensions under reciprocity agreements between the
  365  Department of Gaming and regulatory agencies of other states.
  366         (e) Assault or other crimes of violence on premises
  367  licensed for pari-mutuel wagering.
  368         (f) Prearranging the outcome of any race or game.
  369         Section 5. Subsections (5), (6), and (7) and present
  370  subsection (11) of section 550.002, Florida Statutes, are
  371  amended, present subsections (8) through (37) of that section
  372  are redesignated as subsections (7) through (36), respectively,
  373  and a new subsection (37) is added to that section, to read:
  374         550.002 Definitions.—As used in this chapter, the term:
  375         (5) “Current meet” or “current race meet” means the conduct
  376  of racing or games pursuant to a current year’s operating
  377  license issued by the department division.
  378         (6) “Department” means the Department of Gaming Business
  379  and Professional Regulation.
  380         (7) “Division” means the Division of Pari-mutuel Wagering
  381  within the Department of Business and Professional Regulation.
  382         (10)(a)(11) “Full schedule of live racing or games” means:,
  383         1. For a greyhound racing permitholder or jai alai
  384  permitholder, the conduct of a combination of at least 100 live
  385  evening or matinee performances during the preceding year.; for
  386  a permitholder who has a converted permit or filed an
  387  application on or before June 1, 1990, for a converted permit,
  388  the conduct of a combination of at least 100 live evening and
  389  matinee wagering performances during either of the 2 preceding
  390  years;
  391         2. For a jai alai permitholder that who does not operate
  392  slot machines in its pari-mutuel facility, who has conducted at
  393  least 100 live performances per year for at least 10 years after
  394  December 31, 1992, and has had whose handle on live jai alai
  395  games conducted at its pari-mutuel facility which was has been
  396  less than $4 million per state fiscal year for at least 2
  397  consecutive years after June 30, 1992, the conduct of a
  398  combination of at least 40 live evening or matinee performances
  399  during the preceding year.;
  400         3. For a jai alai permitholder that who operates slot
  401  machines in its pari-mutuel facility, the conduct of a
  402  combination of at least 150 performances during the preceding
  403  year.;
  404         4. For a summer jai alai permitholder, the conduct of at
  405  least 58 live performances during the preceding year, unless the
  406  permitholder meets the requirements of subparagraph 2.
  407         5. For a harness horse racing permitholder, the conduct of
  408  at least 100 live regular wagering performances during the
  409  preceding year.;
  410         6. For a quarter horse racing permitholder at its facility,
  411  unless an alternative schedule of at least 20 live regular
  412  wagering performances each year is agreed upon by the
  413  permitholder and either the Florida Quarter Horse Racing
  414  Association or the horsemen horsemen’s association representing
  415  the majority of the quarter horse owners and trainers at the
  416  facility and filed with the division along with its annual
  417  operating license date application:,
  418         a. In the 2010-2011 fiscal year, the conduct of at least 20
  419  regular wagering performances.,
  420         b. In the 2011-2012 and 2012-2013 fiscal years, the conduct
  421  of at least 30 live regular wagering performances., and
  422         c. For every fiscal year after the 2012-2013 fiscal year,
  423  the conduct of at least 40 live regular wagering performances.;
  424         7. For a quarter horse racing permitholder leasing another
  425  licensed racetrack, the conduct of 160 events at the leased
  426  facility during the preceding year.; and
  427         8. For a thoroughbred racing permitholder, the conduct of
  428  at least 40 live regular wagering performances during the
  429  preceding year.
  430         (b)For a permitholder which is restricted by statute to
  431  certain operating periods within the year when other members of
  432  its same class of permit are authorized to operate throughout
  433  the year, the specified number of live performances which
  434  constitute a full schedule of live racing or games shall be
  435  adjusted pro rata in accordance with the relationship between
  436  its authorized operating period and the full calendar year and
  437  the resulting specified number of live performances shall
  438  constitute the full schedule of live games for such permitholder
  439  and all other permitholders of the same class within 100 air
  440  miles of such permitholder. A live performance must consist of
  441  no fewer than eight races or games conducted live for each of a
  442  minimum of three performances each week at the permitholder’s
  443  licensed facility under a single admission charge.
  444         (37)“Video race system” or “video race” means a form of
  445  pari-mutuel wagering based on video signals of previously
  446  conducted in-state or out-of-state thoroughbred races which are
  447  sent from an in-state server that is operated by a licensed
  448  totalizator company and displayed at individual wagering
  449  terminals.
  450         Section 6. Section 550.01215, Florida Statutes, is amended
  451  to read:
  452         550.01215 License application; periods of operation; bond,
  453  conversion of permit.—
  454         (1) Each permitholder shall annually, during the period
  455  between December 15 and January 4, file in writing with the
  456  department division its application for an operating a license
  457  to conduct pari-mutuel wagering during the next fiscal year,
  458  including intertrack and simulcast race wagering for greyhound
  459  permitholders, jai alai permitholders, harness horse racing
  460  permitholders, and quarter horse racing permitholders that do
  461  not to conduct live performances during the next state fiscal
  462  year. Each application for live performances must shall specify
  463  the number, dates, and starting times of all live performances
  464  that which the permitholder intends to conduct. It must shall
  465  also specify which performances will be conducted as charity or
  466  scholarship performances.
  467         (a)In addition, Each application for an operating a
  468  license also must shall include:,
  469         1. For each permitholder that which elects to accept wagers
  470  on broadcast events, the dates for all such events.
  471         2.For each permitholder that elects to operate a cardroom,
  472  the dates and periods of operation the permitholder intends to
  473  operate the cardroom. or,
  474         3. For each thoroughbred racing permitholder that which
  475  elects to receive or rebroadcast out-of-state races after 7
  476  p.m., the dates for all performances which the permitholder
  477  intends to conduct.
  478         (b)A greyhound racing permitholder that conducted a full
  479  schedule of live racing for a period of at least 10 consecutive
  480  state fiscal years after the 1996-1997 state fiscal year, or
  481  that converted its permit to a permit to conduct greyhound
  482  racing after that fiscal year, may specify in its application
  483  for an operating license that it does not intend to conduct live
  484  racing, or that it intends to conduct less than a full schedule
  485  of live racing, in the next state fiscal year. A greyhound
  486  racing permitholder may receive an operating license to conduct
  487  pari-mutuel wagering activities at another permitholder’s
  488  greyhound racing facility pursuant to s. 550.475.
  489         (c) Permitholders may shall be entitled to amend their
  490  applications through February 28.
  491         (2) After the first license has been issued to a
  492  permitholder, all subsequent annual applications for a license
  493  shall be accompanied by proof, in such form as the department
  494  division may by rule require, that the permitholder continues to
  495  possess the qualifications prescribed by this chapter, and that
  496  the permit has not been disapproved at a later election.
  497         (3) The department division shall issue each license no
  498  later than March 15. Each permitholder shall operate all
  499  performances at the date and time specified on its license. The
  500  department division shall have the authority to approve minor
  501  changes in racing dates after a license has been issued. The
  502  department division may approve changes in racing dates after a
  503  license has been issued when there is no objection from any
  504  operating permitholder located within 50 miles of the
  505  permitholder requesting the changes in operating dates. In the
  506  event of an objection, the department division shall approve or
  507  disapprove the change in operating dates based upon the impact
  508  on operating permitholders located within 50 miles of the
  509  permitholder requesting the change in operating dates. In making
  510  the determination to change racing dates, the department
  511  division shall take into consideration the impact of such
  512  changes on state revenues. Notwithstanding any other provision
  513  of law, and for the 2016-2017 fiscal year only, the department
  514  may approve changes in racing dates for greyhound racing
  515  permitholders if the request for such changes is received before
  516  August 31, 2016.
  517         (4) If In the event that a permitholder fails to operate
  518  all performances specified on its license at the date and time
  519  specified, the department division shall hold a hearing to
  520  determine whether to fine or suspend the permitholder’s license,
  521  unless such failure was the direct result of fire, strike, war,
  522  or other disaster or event beyond the ability of the
  523  permitholder to control. Financial hardship to the permitholder
  524  does shall not, in and of itself, constitute just cause for
  525  failure to operate all performances on the dates and at the
  526  times specified.
  527         (5) If In the event that performances licensed to be
  528  operated by a permitholder are vacated, abandoned, or will not
  529  be used for any reason, any permitholder shall be entitled,
  530  pursuant to rules adopted by the department division, to apply
  531  to conduct performances on the dates for which the performances
  532  have been abandoned. The department division shall issue an
  533  amended license for all such replacement performances that which
  534  have been requested in compliance with the provisions of this
  535  chapter and department division rules.
  536         (6) A summer jai alai permitholder may apply for an
  537  operating license to operate a jai alai fronton only during the
  538  summer season beginning May 1 and ending November 30 of each
  539  year on such dates as may be selected by the permitholder. Such
  540  permitholder is subject to the same taxes, rules, and provisions
  541  of this chapter which apply to the operation of winter jai alai
  542  frontons. A summer jai alai permitholder is not eligible for
  543  licensure to conduct a cardroom or a slot machine facility. A
  544  summer jai alai permitholder and a winter jai alai permitholder
  545  may not operate on the same days or in competition with each
  546  other. This subsection does not prevent a summer jai alai
  547  licensee from leasing the facilities of a winter jai alai
  548  licensee for the operation of a summer meet Any permit which was
  549  converted from a jai alai permit to a greyhound permit may be
  550  converted to a jai alai permit at any time if the permitholder
  551  never conducted greyhound racing or if the permitholder has not
  552  conducted greyhound racing for a period of 12 consecutive
  553  months.
  554         Section 7. Section 550.0251, Florida Statutes, is amended
  555  to read:
  556         550.0251 The powers and duties of the Division of Pari
  557  mutuel Wagering of the Department of Gaming Business and
  558  Professional Regulation.—The department division shall
  559  administer this chapter and regulate the pari-mutuel industry
  560  under this chapter and the rules adopted pursuant thereto, and:
  561         (1) The department division shall make an annual report to
  562  the Governor, the President of the Senate, and the Speaker of
  563  the House of Representatives. The report shall include, at a
  564  minimum:
  565         (a)Recent events in the gaming industry, including pending
  566  litigation; pending permitholder, facility, cardroom, slot, or
  567  operating license applications; and new and pending rules.
  568         (b)Actions of the department relating to the
  569  implementation and administration of this chapter.
  570         (c)The state revenues and expenses associated with each
  571  form of authorized gaming. Revenues and expenses associated with
  572  pari-mutuel wagering must be further delineated by the class of
  573  license.
  574         (d)The performance of each pari-mutuel wagering licensee,
  575  cardroom licensee, and slot machine licensee.
  576         (e)A summary of disciplinary actions taken by the
  577  department.
  578         (f)Any suggestions to more effectively achieve showing its
  579  own actions, receipts derived under the provisions of this
  580  chapter, the practical effects of the application of this
  581  chapter, and any suggestions it may approve for the more
  582  effectual accomplishments of the purposes of this chapter.
  583         (2) The department division shall require an oath on
  584  application documents as required by rule, which oath must state
  585  that the information contained in the document is true and
  586  complete.
  587         (3) The department division shall adopt reasonable rules
  588  for the control, supervision, and direction of all applicants,
  589  permittees, and licensees and for the holding, conducting, and
  590  operating of all racetracks, race meets, and races held in this
  591  state. Such rules must be uniform in their application and
  592  effect, and the duty of exercising this control and power is
  593  made mandatory upon the department division.
  594         (4) The department division may take testimony concerning
  595  any matter within its jurisdiction and issue summons and
  596  subpoenas for any witness and subpoenas duces tecum in
  597  connection with any matter within the jurisdiction of the
  598  department division under its seal and signed by the executive
  599  director.
  600         (5) The department division may adopt rules establishing
  601  procedures for testing occupational licenseholders officiating
  602  at or participating in any race or game at any pari-mutuel
  603  facility under the jurisdiction of the department division for a
  604  controlled substance or alcohol and may prescribe procedural
  605  matters not in conflict with s. 120.80(19) s. 120.80(4)(a).
  606         (6) In addition to the power to exclude certain persons
  607  from any pari-mutuel facility in this state, the department
  608  division may exclude any person from any and all pari-mutuel
  609  facilities in this state for conduct that would constitute, if
  610  the person were a licensee, a violation of this chapter or the
  611  rules of the department division. The department division may
  612  exclude from any pari-mutuel facility within this state any
  613  person who has been ejected from a pari-mutuel facility in this
  614  state or who has been excluded from any pari-mutuel facility in
  615  another state by the governmental department, agency,
  616  commission, or authority exercising regulatory jurisdiction over
  617  pari-mutuel facilities in such other state. The department
  618  division may authorize any person who has been ejected or
  619  excluded from pari-mutuel facilities in this state or another
  620  state to attend the pari-mutuel facilities in this state upon a
  621  finding that the attendance of such person at pari-mutuel
  622  facilities would not be adverse to the public interest or to the
  623  integrity of the sport or industry; however, this subsection
  624  does shall not be construed to abrogate the common-law right of
  625  a pari-mutuel permitholder to exclude absolutely a patron in
  626  this state.
  627         (7) The department division may oversee the making of, and
  628  distribution from, all pari-mutuel pools.
  629         (8) The department may collect taxes and require compliance
  630  with reporting requirements for financial information as
  631  authorized by this chapter. In addition, the secretary of the
  632  department may require permitholders conducting pari-mutuel
  633  operations within the state to remit taxes, including fees, by
  634  electronic funds transfer if the taxes and fees amounted to
  635  $50,000 or more in the prior reporting year.
  636         (9) The department division may conduct investigations in
  637  enforcing this chapter, except that all information obtained
  638  pursuant to an investigation by the department division for an
  639  alleged violation of this chapter or rules of the department
  640  division is exempt from s. 119.07(1) and from s. 24(a), Art. I
  641  of the State Constitution until an administrative complaint is
  642  issued or the investigation is closed or ceases to be active.
  643  This subsection does not prohibit the department division from
  644  providing such information to any law enforcement agency or to
  645  any other regulatory agency. For the purposes of this
  646  subsection, an investigation is considered to be active while it
  647  is being conducted with reasonable dispatch and with a
  648  reasonable, good faith belief that it could lead to an
  649  administrative, civil, or criminal action by the department
  650  division or another administrative or law enforcement agency.
  651  Except for active criminal intelligence or criminal
  652  investigative information, as defined in s. 119.011, and any
  653  other information that, if disclosed, would jeopardize the
  654  safety of an individual, all information, records, and
  655  transcriptions become public when the investigation is closed or
  656  ceases to be active.
  657         (10) The department division may impose an administrative
  658  fine for a violation under this chapter of not more than $1,000
  659  for each count or separate offense, except as otherwise provided
  660  in this chapter, and may suspend or revoke a permit, a pari
  661  mutuel license, or an occupational license for a violation under
  662  this chapter. All fines imposed and collected under this
  663  subsection must be deposited with the Chief Financial Officer to
  664  the credit of the General Revenue Fund.
  665         (11) The department division shall supervise and regulate
  666  the welfare of racing animals at pari-mutuel facilities.
  667         (12) The department may division shall have full authority
  668  and power to make, adopt, amend, or repeal rules relating to
  669  cardroom operations, to enforce and to carry out the provisions
  670  of s. 849.086, and to regulate the authorized cardroom
  671  activities in the state.
  672         (13) The department may division shall have the authority
  673  to suspend a permitholder’s permit or license, if such
  674  permitholder is operating a cardroom facility and such
  675  permitholder’s cardroom license has been suspended or revoked
  676  pursuant to s. 849.086.
  677         Section 8. Section 550.054, Florida Statutes, is amended to
  678  read:
  679         550.054 Application for permit to conduct pari-mutuel
  680  wagering.—
  681         (1) Any person who possesses the qualifications prescribed
  682  in this chapter may apply to the department division for a
  683  permit to conduct pari-mutuel operations under this chapter.
  684  Applications for a pari-mutuel permit are exempt from the 90-day
  685  licensing requirement of s. 120.60. Within 120 days after
  686  receipt of a complete application, the department division shall
  687  grant or deny the permit. A completed application that is not
  688  acted upon within 120 days after receipt is deemed approved, and
  689  the department division shall grant the permit.
  690         (2) Upon each application filed and approved, a permit
  691  shall be issued to the applicant setting forth the name of the
  692  permitholder, the location of the pari-mutuel facility, the type
  693  of pari-mutuel activity desired to be conducted, and a statement
  694  showing qualifications of the applicant to conduct pari-mutuel
  695  performances under this chapter; however, a permit is
  696  ineffectual to authorize any pari-mutuel performances until
  697  approved by a majority of the electors participating in a
  698  ratification election in the county in which the applicant
  699  proposes to conduct pari-mutuel wagering activities. In
  700  addition, an application may not be considered, nor may a permit
  701  be issued by the department division or be voted upon in any
  702  county, to conduct horseraces, harness horse races, or dograces
  703  at a location within 100 miles of an existing pari-mutuel
  704  facility, or for jai alai within 50 miles of an existing pari
  705  mutuel facility; this distance shall be measured on a straight
  706  line from the nearest property line of one pari-mutuel facility
  707  to the nearest property line of the other facility.
  708         (3) The department division shall require that each
  709  applicant submit an application setting forth:
  710         (a) The full name of the applicant.
  711         (b) If a corporation, the name of the state in which
  712  incorporated and the names and addresses of the officers,
  713  directors, and shareholders holding 5 percent or more equity or,
  714  if a business entity other than a corporation, the names and
  715  addresses of the principals, partners, or shareholders holding 5
  716  percent or more equity.
  717         (c) The names and addresses of the ultimate equitable
  718  owners for a corporation or other business entity, if different
  719  from those provided under paragraph (b), unless the securities
  720  of the corporation or entity are registered pursuant to s. 12 of
  721  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and
  722  if such corporation or entity files with the United States
  723  Securities and Exchange Commission the reports required by s. 13
  724  of that act or if the securities of the corporation or entity
  725  are regularly traded on an established securities market in the
  726  United States.
  727         (d) The exact location where the applicant will conduct
  728  pari-mutuel performances.
  729         (e) Whether the pari-mutuel facility is owned or leased
  730  and, if leased, the name and residence of the fee owner or, if a
  731  corporation, the names and addresses of the directors and
  732  stockholders thereof. However, this chapter does not prevent a
  733  person from applying to the department division for a permit to
  734  conduct pari-mutuel operations, regardless of whether the pari
  735  mutuel facility has been constructed or not, and having an
  736  election held in any county at the same time that elections are
  737  held for the ratification of any permit in that county.
  738         (f) A statement of the assets and liabilities of the
  739  applicant.
  740         (g) The names and addresses of any mortgagee of any pari
  741  mutuel facility and any financial agreement between the parties.
  742  The department division may require the names and addresses of
  743  the officers and directors of the mortgagee, and of those
  744  stockholders who hold more than 10 percent of the stock of the
  745  mortgagee.
  746         (h) A business plan for the first year of operation.
  747         (i) For each individual listed in the application as an
  748  owner, partner, officer, or director, a complete set of
  749  fingerprints that has been taken by an authorized law
  750  enforcement officer. These sets of fingerprints must be
  751  submitted to the Federal Bureau of Investigation for processing.
  752  Applicants who are foreign nationals shall submit such documents
  753  as necessary to allow the department division to conduct
  754  criminal history records checks in the applicant’s home country.
  755  The applicant must pay the cost of processing. The department
  756  division may charge a $2 handling fee for each set of
  757  fingerprint records.
  758         (j) The type of pari-mutuel activity to be conducted and
  759  the desired period of operation.
  760         (k) Other information the department division requires.
  761         (4) The department division shall require each applicant to
  762  deposit with the board of county commissioners of the county in
  763  which the election is to be held, a sufficient sum, in currency
  764  or by check certified by a bank licensed to do business in the
  765  state to pay the expenses of holding the election provided in s.
  766  550.0651.
  767         (5) Upon receiving an application and any amendments
  768  properly made thereto, the department division shall further
  769  investigate the matters contained in the application. If the
  770  applicant meets all requirements, conditions, and qualifications
  771  set forth in this chapter and the rules of the department
  772  division, the department division shall grant the permit.
  773         (6) After initial approval of the permit and the source of
  774  financing, the terms and parties of any subsequent refinancing
  775  must be disclosed by the applicant or the permitholder to the
  776  department division.
  777         (7) If the department division refuses to grant the permit,
  778  the money deposited with the board of county commissioners for
  779  holding the election must be refunded to the applicant. If the
  780  department division grants the permit applied for, the board of
  781  county commissioners shall order an election in the county to
  782  decide whether the permit will be approved, as provided in s.
  783  550.0651.
  784         (8)(a) The department division may charge the applicant for
  785  reasonable, anticipated costs incurred by the department
  786  division in determining the eligibility of any person or entity
  787  specified in s. 550.1815(1)(a) to hold any pari-mutuel permit,
  788  against such person or entity.
  789         (b) The department division may, by rule, determine the
  790  manner of paying its anticipated costs associated with
  791  determination of eligibility and the procedure for filing
  792  applications for determination of eligibility.
  793         (c) The department division shall furnish to the applicant
  794  an itemized statement of actual costs incurred during the
  795  investigation to determine eligibility.
  796         (d) If unused funds remain at the conclusion of such
  797  investigation, they must be returned to the applicant within 60
  798  days after the determination of eligibility has been made.
  799         (e) If the actual costs of investigation exceed anticipated
  800  costs, the department division shall assess the applicant the
  801  amount necessary to recover all actual costs.
  802         (9)(a) After a permit has been granted by the department
  803  division and has been ratified and approved by the majority of
  804  the electors participating in the election in the county
  805  designated in the permit, the department division shall grant to
  806  the lawful permitholder, subject to the conditions of this
  807  chapter, a license to conduct pari-mutuel operations under this
  808  chapter, and, except as provided in s. 550.5251, the department
  809  division shall fix annually the time, place, and number of days
  810  during which pari-mutuel operations may be conducted by the
  811  permitholder at the location fixed in the permit and ratified in
  812  the election. After the first license has been issued to the
  813  holder of a ratified permit for racing in any county, all
  814  subsequent annual applications for a license by that
  815  permitholder must be accompanied by proof, in such form as the
  816  department division requires, that the ratified permitholder
  817  still possesses all the qualifications prescribed by this
  818  chapter and that the permit has not been recalled at a later
  819  election held in the county.
  820         (b) The department division may revoke or suspend any
  821  permit or license issued under this chapter upon a the willful
  822  violation by the permitholder or licensee of any provision of
  823  this chapter or rules of any rule adopted pursuant thereto under
  824  this chapter. With the exception of the revocation of permits
  825  required in paragraphs (c), (d), (f), and (g), In lieu of
  826  suspending or revoking a permit or license, the department
  827  division may, in lieu of suspending or revoking a permit or
  828  license, impose a civil penalty against the permitholder or
  829  licensee for a violation of this chapter or rules adopted
  830  pursuant thereto any rule adopted by the division. The penalty
  831  so imposed may not exceed $1,000 for each count or separate
  832  offense. All penalties imposed and collected must be deposited
  833  with the Chief Financial Officer to the credit of the General
  834  Revenue Fund.
  835         (c)Unless a failure to obtain an operating license and to
  836  operate was the direct result of fire, strike, war, or other
  837  disaster or event beyond the permitholder’s control, the
  838  department shall revoke the permit of any permitholder that has
  839  not obtained an operating license in accordance with s.
  840  550.01215 for a period of more than 24 consecutive months after
  841  June 30, 2012. The department shall revoke the permit upon
  842  adequate notice to the permitholder. Financial hardship to the
  843  permitholder does not, in and of itself, constitute just cause
  844  for failure to operate.
  845         (d)The department shall revoke the permit of any
  846  permitholder that fails to make payments pursuant to s.
  847  550.0951(5) for more than 24 consecutive months unless such
  848  failure to pay tax on handle was the direct result of fire,
  849  strike, war, or other disaster or event beyond the
  850  permitholder’s control. Financial hardship to the permitholder
  851  does not, in and of itself, constitute just cause for failure to
  852  pay tax on handle.
  853         (e)Notwithstanding any other provision of law, a new
  854  permit to conduct pari-mutuel wagering may not be approved or
  855  issued after July 1, 2016.
  856         (f)A permit revoked under this subsection is void and may
  857  not be reissued.
  858         (g)A permitholder may apply to the department to place the
  859  permit into inactive status for a period of 12 months pursuant
  860  to the rules adopted under this chapter. The department, upon
  861  good cause shown by the permitholder, may renew inactive status
  862  for a period of up to 12 months, but a permit may not be in
  863  inactive status for a period of more than 24 consecutive months.
  864  Holders of permits in inactive status are not eligible for
  865  licensure for pari-mutuel wagering, slot machines, or cardrooms.
  866         (10) If a permitholder has failed to complete construction
  867  of at least 50 percent of the facilities necessary to conduct
  868  pari-mutuel operations within 12 months after approval by the
  869  voters of the permit, the department division shall revoke the
  870  permit upon adequate notice to the permitholder. However, the
  871  department division, upon good cause shown by the permitholder,
  872  may grant one extension of up to 12 months.
  873         (11)(a) A permit granted under this chapter may not be
  874  transferred or assigned except upon written approval by the
  875  department division pursuant to s. 550.1815, except that the
  876  holder of any permit that has been converted to a jai alai
  877  permit may lease or build anywhere within the county in which
  878  its permit is located.
  879         (b) If a permit to conduct pari-mutuel wagering is held by
  880  a corporation or business entity other than an individual, the
  881  transfer of 10 percent or more of the stock or other evidence of
  882  ownership or equity in the permitholder may not be made without
  883  the prior approval of the transferee by the department division
  884  pursuant to s. 550.1815.
  885         (12) Changes in ownership or interest of a pari-mutuel
  886  permit of 5 percent or more of the stock or other evidence of
  887  ownership or equity in the permitholder must shall be approved
  888  by the department before division prior to such change, unless
  889  the owner is an existing owner of that permit who was previously
  890  approved by the department division. Changes in ownership or
  891  interest of a pari-mutuel permit of less than 5 percent must
  892  shall be reported to the department division within 20 days of
  893  the change. The department division may then conduct an
  894  investigation to ensure that the permit is properly updated to
  895  show the change in ownership or interest.
  896         (13)(a) Notwithstanding any provision provisions of this
  897  chapter or chapter 551, a pari-mutuel no thoroughbred horse
  898  racing permit or license issued under this chapter or chapter
  899  551 may not shall be transferred, or reissued when such
  900  reissuance is in the nature of a transfer so as to permit or
  901  authorize a licensee to change the location of a pari-mutuel
  902  facility, cardroom, or slot machine facility. thoroughbred horse
  903  racetrack except upon proof in such form as the division may
  904  prescribe that a referendum election has been held:
  905         1. If the proposed new location is within the same county
  906  as the already licensed location, in the county where the
  907  licensee desires to conduct the race meeting and that a majority
  908  of the electors voting on that question in such election voted
  909  in favor of the transfer of such license.
  910         2. If the proposed new location is not within the same
  911  county as the already licensed location, in the county where the
  912  licensee desires to conduct the race meeting and in the county
  913  where the licensee is already licensed to conduct the race
  914  meeting and that a majority of the electors voting on that
  915  question in each such election voted in favor of the transfer of
  916  such license.
  917         (b) Each referendum held under the provisions of this
  918  subsection shall be held in accordance with the electoral
  919  procedures for ratification of permits, as provided in s.
  920  550.0651. The expense of each such referendum shall be borne by
  921  the licensee requesting the transfer.
  922         (14)(a) Notwithstanding any other provision of law, a pari
  923  mutuel facility, cardroom, or slot machine facility may not be
  924  relocated except as provided in paragraph (b), and a pari-mutuel
  925  permit may not be converted to another class of permit. Any
  926  holder of a permit to conduct jai alai may apply to the division
  927  to convert such permit to a permit to conduct greyhound racing
  928  in lieu of jai alai if:
  929         1. Such permit is located in a county in which the division
  930  has issued only two pari-mutuel permits pursuant to this
  931  section;
  932         2. Such permit was not previously converted from any other
  933  class of permit; and
  934         3. The holder of the permit has not conducted jai alai
  935  games during a period of 10 years immediately preceding his or
  936  her application for conversion under this subsection.
  937         (b) Upon application from the holder of a permit to conduct
  938  greyhound racing which was converted from a permit to conduct
  939  jai alai pursuant to former s. 550.054(14), Florida Statutes
  940  2014, as created by s. 6, chapter 2009-170, Laws of Florida, the
  941  department may approve the relocation of such permit to another
  942  location within a 30-mile radius of the location fixed in the
  943  permit if the application is received by July 31, 2018, the new
  944  location is within the same county, and the new location is
  945  approved under the zoning regulations of the county or
  946  municipality in which the permit is located The division, upon
  947  application from the holder of a jai alai permit meeting all
  948  conditions of this section, shall convert the permit and shall
  949  issue to the permitholder a permit to conduct greyhound racing.
  950  A permitholder of a permit converted under this section shall be
  951  required to apply for and conduct a full schedule of live racing
  952  each fiscal year to be eligible for any tax credit provided by
  953  this chapter. The holder of a permit converted pursuant to this
  954  subsection or any holder of a permit to conduct greyhound racing
  955  located in a county in which it is the only permit issued
  956  pursuant to this section who operates at a leased facility
  957  pursuant to s. 550.475 may move the location for which the
  958  permit has been issued to another location within a 30-mile
  959  radius of the location fixed in the permit issued in that
  960  county, provided the move does not cross the county boundary and
  961  such location is approved under the zoning regulations of the
  962  county or municipality in which the permit is located, and upon
  963  such relocation may use the permit for the conduct of pari
  964  mutuel wagering and the operation of a cardroom. The provisions
  965  of s. 550.6305(9)(d) and (f) shall apply to any permit converted
  966  under this subsection and shall continue to apply to any permit
  967  which was previously included under and subject to such
  968  provisions before a conversion pursuant to this section
  969  occurred.
  970         Section 9. Section 550.0555, Florida Statutes, is repealed.
  971         Section 10. Section 550.0745, Florida Statutes, is
  972  repealed.
  973         Section 11. Section 550.0951, Florida Statutes, is amended
  974  to read:
  975         550.0951 Payment of daily license fee and taxes;
  976  penalties.—
  977         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
  978  business of conducting horserace meets race meetings or jai alai
  979  games under this chapter, hereinafter referred to as the
  980  “permitholder,” “licensee,” or “permittee,” shall pay to the
  981  division, for the use of the division, a daily license fee on
  982  each live or simulcast pari-mutuel event of $100 for each
  983  horserace, and $80 for each greyhound race, dograce and $40 for
  984  each jai alai game, any of which is conducted at a racetrack or
  985  fronton licensed under this chapter. A In addition to the tax
  986  exemption specified in s. 550.09514(1) of $360,000 or $500,000
  987  per greyhound permitholder per state fiscal year, each greyhound
  988  permitholder shall receive in the current state fiscal year a
  989  tax credit equal to the number of live greyhound races conducted
  990  in the previous state fiscal year times the daily license fee
  991  specified for each dograce in this subsection applicable for the
  992  previous state fiscal year. This tax credit and the exemption in
  993  s. 550.09514(1) shall be applicable to any tax imposed by this
  994  chapter or the daily license fees imposed by this chapter except
  995  during any charity or scholarship performances conducted
  996  pursuant to s. 550.0351. Each horserace permitholder may not be
  997  required to shall pay daily license fees in excess of not to
  998  exceed $500 per day on any simulcast races or games on which
  999  such permitholder accepts wagers, regardless of the number of
 1000  out-of-state events taken or the number of out-of-state
 1001  locations from which such events are taken. This license fee
 1002  shall be deposited with the Chief Financial Officer to the
 1003  credit of the Pari-mutuel Wagering Trust Fund.
 1004         (b) Each permitholder that cannot utilize the full amount
 1005  of the exemption of $360,000 or $500,000 provided in s.
 1006  550.09514(1) or the daily license fee credit provided in this
 1007  section may, after notifying the division in writing, elect once
 1008  per state fiscal year on a form provided by the division to
 1009  transfer such exemption or credit or any portion thereof to any
 1010  greyhound permitholder which acts as a host track to such
 1011  permitholder for the purpose of intertrack wagering. Once an
 1012  election to transfer such exemption or credit is filed with the
 1013  division, it shall not be rescinded. The division shall
 1014  disapprove the transfer when the amount of the exemption or
 1015  credit or portion thereof is unavailable to the transferring
 1016  permitholder or when the permitholder who is entitled to
 1017  transfer the exemption or credit or who is entitled to receive
 1018  the exemption or credit owes taxes to the state pursuant to a
 1019  deficiency letter or administrative complaint issued by the
 1020  division. Upon approval of the transfer by the division, the
 1021  transferred tax exemption or credit shall be effective for the
 1022  first performance of the next payment period as specified in
 1023  subsection (5). The exemption or credit transferred to such host
 1024  track may be applied by such host track against any taxes
 1025  imposed by this chapter or daily license fees imposed by this
 1026  chapter. The greyhound permitholder host track to which such
 1027  exemption or credit is transferred shall reimburse such
 1028  permitholder the exact monetary value of such transferred
 1029  exemption or credit as actually applied against the taxes and
 1030  daily license fees of the host track. The division shall ensure
 1031  that all transfers of exemption or credit are made in accordance
 1032  with this subsection and shall have the authority to adopt rules
 1033  to ensure the implementation of this section.
 1034         (2) ADMISSION TAX.—
 1035         (a) An admission tax equal to 15 percent of the admission
 1036  charge for entrance to the permitholder’s facility and
 1037  grandstand area, or 10 cents, whichever is greater, is imposed
 1038  on each person attending a horserace, greyhound race dograce, or
 1039  jai alai game. The permitholder is shall be responsible for
 1040  collecting the admission tax.
 1041         (b) The No admission tax imposed under this chapter and or
 1042  chapter 212 may not shall be imposed on any free passes or
 1043  complimentary cards issued to persons for which there is no cost
 1044  to the person for admission to pari-mutuel events.
 1045         (c) A permitholder may issue tax-free passes to its
 1046  officers, officials, and employees and to or other persons
 1047  actually engaged in working at the racetrack, including
 1048  accredited media press representatives such as reporters and
 1049  editors, and may also issue tax-free passes to other
 1050  permitholders for the use of their officers and officials. The
 1051  permitholder shall file with the department division a list of
 1052  all persons to whom tax-free passes are issued under this
 1053  paragraph.
 1054         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
 1055  contributions to pari-mutuel pools, the aggregate of which is
 1056  hereinafter referred to as “handle,” on races or games conducted
 1057  by the permitholder. The tax is imposed daily and is based on
 1058  the total contributions to all pari-mutuel pools conducted
 1059  during the daily performance. If a permitholder conducts more
 1060  than one performance daily, the tax is imposed on each
 1061  performance separately.
 1062         (a) The tax on handle for quarter horse racing is 1.0
 1063  percent of the handle.
 1064         (b)1. The tax on handle for greyhound racing dogracing is
 1065  1.28 5.5 percent of the handle, except that for live charity
 1066  performances held pursuant to s. 550.0351, and for intertrack
 1067  wagering on such charity performances at a guest greyhound track
 1068  within the market area of the host, the tax is 7.6 percent of
 1069  the handle.
 1070         2. The tax on handle for jai alai is 7.1 percent of the
 1071  handle.
 1072         (c)1. The tax on handle for intertrack wagering is:
 1073         a.If the host track is a horse track, 2.0 percent of the
 1074  handle.
 1075         b. If the host track is a harness horse racetrack track,
 1076  3.3 percent of the handle.
 1077         c. If the host track is a greyhound racing harness track,
 1078  1.28 5.5 percent of the handle, to be remitted by the guest
 1079  track. if the host track is a dog track, and
 1080         d.If the host track is a jai alai fronton, 7.1 percent of
 1081  the handle if the host track is a jai alai fronton.
 1082         e.The tax on handle for intertrack wagering is 0.5
 1083  percent If the host track and the guest track are thoroughbred
 1084  racing permitholders or if the guest track is located outside
 1085  the market area of a the host track that is not a greyhound
 1086  racing track and within the market area of a thoroughbred racing
 1087  permitholder currently conducting a live race meet, 0.5 percent
 1088  of the handle.
 1089         f.The tax on handle For intertrack wagering on
 1090  rebroadcasts of simulcast thoroughbred horseraces, is 2.4
 1091  percent of the handle and 1.5 percent of the handle for
 1092  intertrack wagering on rebroadcasts of simulcast harness
 1093  horseraces, 1.5 percent of the handle.
 1094         2. The tax collected under subparagraph 1. shall be
 1095  deposited into the Pari-mutuel Wagering Trust Fund.
 1096         3.2. The tax on handle for intertrack wagers accepted by
 1097  any greyhound racing dog track located in an area of the state
 1098  in which there are only three permitholders, all of which are
 1099  greyhound racing permitholders, located in three contiguous
 1100  counties, from any greyhound racing permitholder also located
 1101  within such area or any greyhound racing dog track or jai alai
 1102  fronton located as specified in s. 550.615(7) s. 550.615(6) or
 1103  (9), on races or games received from any jai alai the same class
 1104  of permitholder located within the same market area is 3.9
 1105  percent of the handle if the host facility is a greyhound racing
 1106  permitholder. and, If the host facility is a jai alai
 1107  permitholder, the tax is rate shall be 6.1 percent of the handle
 1108  until except that it shall be 2.3 percent on handle at such time
 1109  as the total tax on intertrack handle paid to the department
 1110  division by the permitholder during the current state fiscal
 1111  year exceeds the total tax on intertrack handle paid to the
 1112  department division by the permitholder during the 1992-1993
 1113  state fiscal year, in which case the tax is 2.3 percent of the
 1114  handle.
 1115         (d) Notwithstanding any other provision of this chapter, in
 1116  order to protect the Florida jai alai industry, effective July
 1117  1, 2000, a jai alai permitholder may not be taxed on live handle
 1118  at a rate higher than 2 percent.
 1119         (4) BREAKS TAX.—Effective October 1, 1996, each
 1120  permitholder conducting jai alai performances shall pay a tax
 1121  equal to the breaks. As used in this subsection, the term
 1122  “breaks” means the money that remains in each pari-mutuel pool
 1123  after funds are The “breaks” represents that portion of each
 1124  pari-mutuel pool which is not redistributed to the contributors
 1125  and commissions are or withheld by the permitholder as
 1126  commission.
 1127         (5)VIDEO RACE TERMINALS; TAX AND FEE.—
 1128         (a)Each permitholder under this chapter which conducts
 1129  play on video race terminals pursuant to s. 551.1041 shall pay a
 1130  tax equal to 2 percent of the handle from the video race
 1131  terminals located at its facility.
 1132         (b)Upon authorization to conduct play on video race
 1133  terminals pursuant to s. 551.1041, and annually thereafter on
 1134  the anniversary date of the authorization, the licensee shall
 1135  pay a $50,000 fee to the department. The fee shall be deposited
 1136  into the Pari-mutuel Wagering Trust Fund to be used by the
 1137  Department of Gaming and the Department of Law Enforcement for
 1138  regulation of video race, enforcement of video race provisions,
 1139  and related investigations.
 1140         (6)(5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1141  imposed by this section shall be paid to the department
 1142  division. The department division shall deposit such payments
 1143  these sums with the Chief Financial Officer, to the credit of
 1144  the Pari-mutuel Wagering Trust Fund, hereby established. The
 1145  permitholder shall remit to the department division payment for
 1146  the daily license fee, the admission tax, the tax on handle, and
 1147  the breaks tax. Such payments must shall be remitted by 3 p.m.
 1148  on Wednesday of each week for taxes imposed and collected for
 1149  the preceding week ending on Sunday. Beginning on July 1, 2012,
 1150  such payments must shall be remitted by 3 p.m. on the 5th day of
 1151  each calendar month for taxes imposed and collected for the
 1152  preceding calendar month. If the 5th day of the calendar month
 1153  falls on a weekend, payments must shall be remitted by 3 p.m.
 1154  the first Monday following the weekend. Permitholders shall file
 1155  a report under oath by the 5th day of each calendar month for
 1156  all taxes remitted during the preceding calendar month. Such
 1157  payments must shall be accompanied by a report under oath
 1158  showing the total of all admissions, the pari-mutuel wagering
 1159  activities for the preceding calendar month, and any such other
 1160  information as may be prescribed by the department division.
 1161         (7)(6) PENALTIES.—
 1162         (a) The failure of any permitholder to make payments as
 1163  prescribed in subsection (6) (5) is a violation of this section,
 1164  and the department permitholder may be subjected by the division
 1165  may impose to a civil penalty against the permitholder of up to
 1166  $1,000 for each day the tax payment is not remitted. All
 1167  penalties imposed and collected shall be deposited in the
 1168  General Revenue Fund. If a permitholder fails to pay penalties
 1169  imposed by order of the department division under this
 1170  subsection, the department division may suspend or revoke the
 1171  license of the permitholder, cancel the permit of the
 1172  permitholder, or deny issuance of any further license or permit
 1173  to the permitholder.
 1174         (b) In addition to the civil penalty prescribed in
 1175  paragraph (a), any willful or wanton failure by any permitholder
 1176  to make payments of the daily license fee, admission tax, tax on
 1177  handle, or breaks tax constitutes sufficient grounds for the
 1178  department division to suspend or revoke the license of the
 1179  permitholder, to cancel the permit of the permitholder, or to
 1180  deny issuance of any further license or permit to the
 1181  permitholder.
 1182         Section 12. Subsections (2) and (3) of section 550.09511,
 1183  Florida Statutes, are amended to read:
 1184         550.09511 Jai alai taxes; abandoned interest in a permit
 1185  for nonpayment of taxes.—
 1186         (2) Notwithstanding the provisions of s. 550.0951(3)(b),
 1187  wagering on live jai alai performances shall be subject to the
 1188  following taxes:
 1189         (a)1. The tax on handle per performance for live jai alai
 1190  performances is 4.25 percent of handle per performance. However,
 1191  when the live handle of a permitholder during the preceding
 1192  state fiscal year was less than $15 million, the tax shall be
 1193  paid on the handle in excess of $30,000 per performance per day.
 1194         2. The tax rate shall be applicable only until the
 1195  requirements of paragraph (b) are met.
 1196         (b) At such time as the total of admissions tax, daily
 1197  license fee, and tax on handle for live jai alai performances
 1198  paid to the department division by a permitholder during the
 1199  current state fiscal year exceeds the total state tax revenues
 1200  from wagering on live jai alai performances paid or due by the
 1201  permitholder in fiscal year 1991-1992, the permitholder shall
 1202  pay tax on handle for live jai alai performances at a rate of
 1203  2.55 percent of the handle per performance for the remainder of
 1204  the current state fiscal year. For purposes of this section,
 1205  total state tax revenues on live jai alai wagering in fiscal
 1206  year 1991-1992 shall include any admissions tax, tax on handle,
 1207  surtaxes on handle, and daily license fees.
 1208         (c) If no tax on handle for live jai alai performances were
 1209  paid to the department division by a jai alai permitholder
 1210  during the 1991-1992 state fiscal year, then at such time as the
 1211  total of admissions tax, daily license fee, and tax on handle
 1212  for live jai alai performances paid to the department division
 1213  by a permitholder during the current state fiscal year exceeds
 1214  the total state tax revenues from wagering on live jai alai
 1215  performances paid or due by the permitholder in the last state
 1216  fiscal year in which the permitholder conducted a full schedule
 1217  of live games, the permitholder shall pay tax on handle for live
 1218  jai alai performances at a rate of 3.3 percent of the handle per
 1219  performance for the remainder of the current state fiscal year.
 1220  For purposes of this section, total state tax revenues on live
 1221  jai alai wagering shall include any admissions tax, tax on
 1222  handle, surtaxes on handle, and daily license fees. This
 1223  paragraph shall take effect July 1, 1993.
 1224         (d) A permitholder who obtains a new permit issued by the
 1225  department division subsequent to the 1991-1992 state fiscal
 1226  year and a permitholder whose permit has been converted to a jai
 1227  alai permit under the provisions of this chapter, shall, at such
 1228  time as the total of admissions tax, daily license fee, and tax
 1229  on handle for live jai alai performances paid to the department
 1230  division by the permitholder during the current state fiscal
 1231  year exceeds the average total state tax revenues from wagering
 1232  on live jai alai performances for the first 3 consecutive jai
 1233  alai seasons paid to or due the department division by the
 1234  permitholder and during which the permitholder conducted a full
 1235  schedule of live games, pay tax on handle for live jai alai
 1236  performances at a rate of 3.3 percent of the handle per
 1237  performance for the remainder of the current state fiscal year.
 1238         (e) The payment of taxes pursuant to paragraphs (b), (c),
 1239  and (d) shall be calculated and commence beginning the day in
 1240  which the permitholder is first entitled to the reduced rate
 1241  specified in this section and the report of taxes required by s.
 1242  550.0951(6) s. 550.0951(5) is submitted to the department
 1243  division.
 1244         (f) A jai alai permitholder paying taxes under this section
 1245  shall retain the breaks and pay an amount equal to the breaks as
 1246  special prize awards, which shall be in addition to the regular
 1247  contracted prize money paid to jai alai players at the
 1248  permitholder’s facility. Payment of the special prize money
 1249  shall be made during the permitholder’s current meet.
 1250         (g) For purposes of this section, “handle” has shall have
 1251  the same meaning as in s. 550.0951, and does shall not include
 1252  handle from intertrack wagering.
 1253         (3)(a) Notwithstanding the provisions of subsection (2) and
 1254  s. 550.0951(3)(c)1., any jai alai permitholder that which is
 1255  restricted under Florida law from operating live performances on
 1256  a year-round basis is entitled to conduct wagering on live
 1257  performances at a tax rate of 3.85 percent of live handle. Such
 1258  permitholder is also entitled to conduct intertrack wagering as
 1259  a host permitholder on live jai alai games at its fronton at a
 1260  tax rate of 3.3 percent of handle at such time as the total tax
 1261  on intertrack handle paid to the department division by the
 1262  permitholder during the current state fiscal year exceeds the
 1263  total tax on intertrack handle paid to the department division
 1264  by the permitholder during the 1992-1993 state fiscal year.
 1265         (b) The payment of taxes pursuant to paragraph (a) shall be
 1266  calculated and commence beginning the day in which the
 1267  permitholder is first entitled to the reduced rate specified in
 1268  this subsection.
 1269         Section 13. Section 550.09512, Florida Statutes, is amended
 1270  to read:
 1271         550.09512 Harness horse racing taxes; abandoned interest in
 1272  a permit for nonpayment of taxes.—
 1273         (1) Pari-mutuel wagering at harness horse racetracks in
 1274  this state is an important business enterprise, and taxes
 1275  derived therefrom constitute a part of the tax structure which
 1276  funds operation of the state. Harness horse racing permitholders
 1277  should pay their fair share of these taxes to the state. This
 1278  business interest should not be taxed to such an extent as to
 1279  cause any racetrack that which is operated under sound business
 1280  principles to be forced out of business. Due to the need to
 1281  protect the public health, safety, and welfare, the gaming laws
 1282  of the state provide for the harness horse racing industry to be
 1283  highly regulated and taxed. The state recognizes that there
 1284  exist identifiable differences between harness horse racing
 1285  permitholders based upon their ability to operate under such
 1286  regulation and tax system.
 1287         (2)(a) The tax on handle for live harness horse racing
 1288  performances is 0.5 percent of handle per performance.
 1289         (b) For purposes of this section, the term “handle” has
 1290  shall have the same meaning as in s. 550.0951, and does shall
 1291  not include handle from intertrack wagering.
 1292         (3)(a) The department shall revoke the permit of a harness
 1293  horse racing permitholder that who does not pay tax on handle
 1294  for live harness horse racing performances for a full schedule
 1295  of live races for more than 24 consecutive months during any 2
 1296  consecutive state fiscal years shall be void and shall escheat
 1297  to and become the property of the state unless such failure to
 1298  operate and pay tax on handle was the direct result of fire,
 1299  strike, war, or other disaster or event beyond the ability of
 1300  the permitholder to control. Financial hardship to the
 1301  permitholder does shall not, in and of itself, constitute just
 1302  cause for failure to operate and pay tax on handle. A permit
 1303  revoked under this subsection is void and may not be reissued.
 1304         (b) In order to maximize the tax revenues to the state, the
 1305  division shall reissue an escheated harness horse permit to a
 1306  qualified applicant pursuant to the provisions of this chapter
 1307  as for the issuance of an initial permit. However, the
 1308  provisions of this chapter relating to referendum requirements
 1309  for a pari-mutuel permit shall not apply to the reissuance of an
 1310  escheated harness horse permit. As specified in the application
 1311  and upon approval by the division of an application for the
 1312  permit, the new permitholder shall be authorized to operate a
 1313  harness horse facility anywhere in the same county in which the
 1314  escheated permit was authorized to be operated, notwithstanding
 1315  the provisions of s. 550.054(2) relating to mileage limitations.
 1316         (4) If In the event that a court of competent jurisdiction
 1317  determines any of the provisions of this section to be
 1318  unconstitutional, it is the intent of the Legislature that the
 1319  provisions contained in this section shall be null and void and
 1320  that the provisions of s. 550.0951 shall apply to all harness
 1321  horse racing permitholders beginning on the date of such
 1322  judicial determination. To this end, the Legislature declares
 1323  that it would not have enacted any of the provisions of this
 1324  section individually and, to that end, expressly finds them not
 1325  to be severable.
 1326         Section 14. Section 550.09514, Florida Statutes, is amended
 1327  to read:
 1328         550.09514 Greyhound racing dogracing taxes; purse
 1329  requirements.—
 1330         (1) Wagering on greyhound racing is subject to a tax on
 1331  handle for live greyhound racing as specified in s. 550.0951(3).
 1332  However, each permitholder shall pay no tax on handle until such
 1333  time as this subsection has resulted in a tax savings per state
 1334  fiscal year of $360,000. Thereafter, each permitholder shall pay
 1335  the tax as specified in s. 550.0951(3) on all handle for the
 1336  remainder of the permitholder’s current race meet. For the three
 1337  permitholders that conducted a full schedule of live racing in
 1338  1995, and are closest to another state that authorizes greyhound
 1339  pari-mutuel wagering, the maximum tax savings per state fiscal
 1340  year shall be $500,000. The provisions of this subsection
 1341  relating to tax exemptions shall not apply to any charity or
 1342  scholarship performances conducted pursuant to s. 550.0351.
 1343         (1)(2)(a) The department division shall determine for each
 1344  greyhound racing permitholder the annual purse percentage rate
 1345  of live handle for the state fiscal year 1993-1994 by dividing
 1346  total purses paid on live handle by the permitholder, exclusive
 1347  of payments made from outside sources, during the 1993-1994
 1348  state fiscal year by the permitholder’s live handle for the
 1349  1993-1994 state fiscal year. A greyhound racing Each
 1350  permitholder conducting live racing during a fiscal year shall
 1351  pay as purses for such live races conducted during its current
 1352  race meet a percentage of its live handle not less than the
 1353  percentage determined under this paragraph, exclusive of
 1354  payments made by outside sources, for its 1993-1994 state fiscal
 1355  year.
 1356         (b) Except as otherwise set forth herein, in addition to
 1357  the minimum purse percentage required by paragraph (a), each
 1358  greyhound racing permitholder conducting live racing during a
 1359  fiscal year shall pay as purses an annual amount of $60 for each
 1360  live race conducted equal to 75 percent of the daily license
 1361  fees paid by the greyhound racing each permitholder in for the
 1362  preceding 1994-1995 fiscal year. These This purse supplement
 1363  shall be disbursed weekly during the permitholder’s race meet in
 1364  an amount determined by dividing the annual purse supplement by
 1365  the number of performances approved for the permitholder
 1366  pursuant to its annual license and multiplying that amount by
 1367  the number of performances conducted each week. For the
 1368  greyhound permitholders in the county where there are two
 1369  greyhound permitholders located as specified in s. 550.615(6),
 1370  such permitholders shall pay in the aggregate an amount equal to
 1371  75 percent of the daily license fees paid by such permitholders
 1372  for the 1994-1995 fiscal year. These permitholders shall be
 1373  jointly and severally liable for such purse payments. The
 1374  additional purses provided by this paragraph must be used
 1375  exclusively for purses other than stakes and must be disbursed
 1376  weekly during the permitholder’s race meet. The department
 1377  division shall conduct audits necessary to ensure compliance
 1378  with this section.
 1379         (c)1. Each greyhound racing permitholder, when conducting
 1380  at least three live performances during any week, shall pay
 1381  purses in that week on wagers it accepts as a guest track on
 1382  intertrack and simulcast greyhound races at the same rate as it
 1383  pays on live races. Each greyhound racing permitholder, when
 1384  conducting at least three live performances during any week,
 1385  shall pay purses in that week, at the same rate as it pays on
 1386  live races, on wagers accepted on greyhound races at a guest
 1387  track that which is not conducting live racing and is located
 1388  within the same market area as the greyhound racing permitholder
 1389  conducting at least three live performances during any week.
 1390         2. Each host greyhound racing permitholder shall pay purses
 1391  on its simulcast and intertrack broadcasts of greyhound races to
 1392  guest facilities that are located outside its market area in an
 1393  amount equal to one quarter of an amount determined by
 1394  subtracting the transmission costs of sending the simulcast or
 1395  intertrack broadcasts from an amount determined by adding the
 1396  fees received for greyhound simulcast races plus 3 percent of
 1397  the greyhound intertrack handle at guest facilities that are
 1398  located outside the market area of the host and that paid
 1399  contractual fees to the host for such broadcasts of greyhound
 1400  races.
 1401         (d) The department division shall require sufficient
 1402  documentation from each greyhound racing permitholder regarding
 1403  purses paid on live racing to assure that the annual purse
 1404  percentage rates paid by each greyhound racing permitholder
 1405  conducting on the live races are not reduced below those paid
 1406  during the 1993-1994 state fiscal year. The department division
 1407  shall require sufficient documentation from each greyhound
 1408  racing permitholder to assure that the purses paid by each
 1409  permitholder on the greyhound intertrack and simulcast
 1410  broadcasts are in compliance with the requirements of paragraph
 1411  (c).
 1412         (e) In addition to the purse requirements of paragraphs
 1413  (a)-(c), each greyhound racing permitholder conducting live
 1414  races shall pay as purses an amount equal to one-third of the
 1415  amount of the tax reduction on live and simulcast handle
 1416  applicable to such permitholder as a result of the reductions in
 1417  tax rates provided by s. 6, chapter 2000-354, Laws of Florida
 1418  this act through the amendments to s. 550.0951(3). With respect
 1419  to intertrack wagering when the host and guest tracks are
 1420  greyhound racing permitholders not within the same market area,
 1421  an amount equal to the tax reduction applicable to the guest
 1422  track handle as a result of the reduction in tax rate provided
 1423  by s. 6, chapter 2000-354, Laws of Florida, this act through the
 1424  amendment to s. 550.0951(3) shall be distributed to the guest
 1425  track, one-third of which amount shall be paid as purses at the
 1426  guest track. However, if the guest track is a greyhound racing
 1427  permitholder within the market area of the host or if the guest
 1428  track is not a greyhound racing permitholder, an amount equal to
 1429  such tax reduction applicable to the guest track handle shall be
 1430  retained by the host track, one-third of which amount shall be
 1431  paid as purses at the host track. These purse funds shall be
 1432  disbursed in the week received if the permitholder conducts at
 1433  least one live performance during that week. If the permitholder
 1434  does not conduct at least one live performance during the week
 1435  in which the purse funds are received, the purse funds shall be
 1436  disbursed weekly during the permitholder’s next race meet in an
 1437  amount determined by dividing the purse amount by the number of
 1438  performances approved for the permitholder pursuant to its
 1439  annual license, and multiplying that amount by the number of
 1440  performances conducted each week. The department division shall
 1441  conduct audits necessary to ensure compliance with this
 1442  paragraph.
 1443         (f) Each greyhound racing permitholder conducting live
 1444  racing shall, during the permitholder’s race meet, supply kennel
 1445  operators and the Department of Gaming Division of Pari-Mutuel
 1446  Wagering with a weekly report showing purses paid on live
 1447  greyhound races and all greyhound intertrack and simulcast
 1448  broadcasts, including both as a guest and a host together with
 1449  the handle or commission calculations on which such purses were
 1450  paid and the transmission costs of sending the simulcast or
 1451  intertrack broadcasts, so that the kennel operators may
 1452  determine statutory and contractual compliance.
 1453         (g) Each greyhound racing permitholder conducting live
 1454  racing shall make direct payment of purses to the greyhound
 1455  owners who have filed with such permitholder appropriate federal
 1456  taxpayer identification information based on the percentage
 1457  amount agreed upon between the kennel operator and the greyhound
 1458  owner.
 1459         (h) At the request of a majority of kennel operators under
 1460  contract with a greyhound racing permitholder conducting live
 1461  racing, the permitholder shall make deductions from purses paid
 1462  to each kennel operator electing such deduction and shall make a
 1463  direct payment of such deductions to the local association of
 1464  greyhound kennel operators formed by a majority of kennel
 1465  operators under contract with the permitholder. The amount of
 1466  the deduction shall be at least 1 percent of purses, as
 1467  determined by the local association of greyhound kennel
 1468  operators. No Deductions may not be taken pursuant to this
 1469  paragraph without a kennel operator’s specific approval before
 1470  or after the effective date of this act.
 1471         (2)(3) For the purpose of this section, the term “live
 1472  handle” means the handle from wagers placed at the
 1473  permitholder’s establishment on the live greyhound races
 1474  conducted at the permitholder’s establishment.
 1475         Section 15. Section 550.09515, Florida Statutes, is amended
 1476  to read:
 1477         550.09515 Thoroughbred racing horse taxes; abandoned
 1478  interest in a permit for nonpayment of taxes.—
 1479         (1) Pari-mutuel wagering at thoroughbred horse racetracks
 1480  in this state is an important business enterprise, and taxes
 1481  derived therefrom constitute a part of the tax structure which
 1482  funds operation of the state. Thoroughbred horse permitholders
 1483  should pay their fair share of these taxes to the state. This
 1484  business interest should not be taxed to such an extent as to
 1485  cause any racetrack which is operated under sound business
 1486  principles to be forced out of business. Due to the need to
 1487  protect the public health, safety, and welfare, the gaming laws
 1488  of the state provide for the thoroughbred horse industry to be
 1489  highly regulated and taxed. The state recognizes that there
 1490  exist identifiable differences between thoroughbred horse
 1491  permitholders based upon their ability to operate under such
 1492  regulation and tax system and at different periods during the
 1493  year.
 1494         (2)(a) The tax on handle for live thoroughbred horserace
 1495  performances shall be 0.5 percent.
 1496         (b) For purposes of this section, the term “handle” shall
 1497  have the same meaning as in s. 550.0951, and shall not include
 1498  handle from intertrack wagering.
 1499         (3)(a) The department shall revoke the permit of a
 1500  thoroughbred racing horse permitholder that who does not pay tax
 1501  on handle for live thoroughbred horse performances for a full
 1502  schedule of live races for more than 24 consecutive months
 1503  during any 2 consecutive state fiscal years shall be void and
 1504  shall escheat to and become the property of the state unless
 1505  such failure to operate and pay tax on handle was the direct
 1506  result of fire, strike, war, or other disaster or event beyond
 1507  the ability of the permitholder to control. Financial hardship
 1508  to the permitholder does shall not, in and of itself, constitute
 1509  just cause for failure to operate and pay tax on handle. A
 1510  permit revoked under this subsection is void and may not be
 1511  reissued.
 1512         (b) In order to maximize the tax revenues to the state, the
 1513  division shall reissue an escheated thoroughbred horse permit to
 1514  a qualified applicant pursuant to the provisions of this chapter
 1515  as for the issuance of an initial permit. However, the
 1516  provisions of this chapter relating to referendum requirements
 1517  for a pari-mutuel permit shall not apply to the reissuance of an
 1518  escheated thoroughbred horse permit. As specified in the
 1519  application and upon approval by the division of an application
 1520  for the permit, the new permitholder shall be authorized to
 1521  operate a thoroughbred horse facility anywhere in the same
 1522  county in which the escheated permit was authorized to be
 1523  operated, notwithstanding the provisions of s. 550.054(2)
 1524  relating to mileage limitations.
 1525         (4) In the event that a court of competent jurisdiction
 1526  determines any of the provisions of this section to be
 1527  unconstitutional, it is the intent of the Legislature that the
 1528  provisions contained in this section shall be null and void and
 1529  that the provisions of s. 550.0951 shall apply to all
 1530  thoroughbred horse permitholders beginning on the date of such
 1531  judicial determination. To this end, the Legislature declares
 1532  that it would not have enacted any of the provisions of this
 1533  section individually and, to that end, expressly finds them not
 1534  to be severable.
 1535         (5) Notwithstanding the provisions of s. 550.0951(3)(c),
 1536  the tax on handle for intertrack wagering on rebroadcasts of
 1537  simulcast horseraces is 2.4 percent of the handle; provided
 1538  however, that if the guest track is a thoroughbred track located
 1539  more than 35 miles from the host track, the host track shall pay
 1540  a tax of .5 percent of the handle, and additionally the host
 1541  track shall pay to the guest track 1.9 percent of the handle to
 1542  be used by the guest track solely for purses. The tax shall be
 1543  deposited into the Pari-mutuel Wagering Trust Fund.
 1544         (6) A credit equal to the amount of contributions made by a
 1545  thoroughbred racing permitholder during the taxable year
 1546  directly to the Jockeys’ Guild or its health and welfare fund to
 1547  be used to provide health and welfare benefits for active,
 1548  disabled, and retired Florida jockeys and their dependents
 1549  pursuant to reasonable rules of eligibility established by the
 1550  Jockeys’ Guild is allowed against taxes on live handle due for a
 1551  taxable year under this section. A thoroughbred racing
 1552  permitholder may not receive a credit greater than an amount
 1553  equal to 1 percent of its paid taxes for the previous taxable
 1554  year.
 1555         (7) If a thoroughbred racing permitholder fails to operate
 1556  all performances on its 2001-2002 license, failure to pay tax on
 1557  handle for a full schedule of live races for those performances
 1558  in the 2001-2002 fiscal year does not constitute failure to pay
 1559  taxes on handle for a full schedule of live races in a fiscal
 1560  year for the purposes of subsection (3). This subsection may not
 1561  be construed as forgiving a thoroughbred racing permitholder
 1562  from paying taxes on performances conducted at its facility
 1563  pursuant to its 2001-2002 license other than for failure to
 1564  operate all performances on its 2001-2002 license. This
 1565  subsection expires July 1, 2003.
 1566         Section 16. Section 550.1625, Florida Statutes, is amended
 1567  to read:
 1568         550.1625 Greyhound racing dogracing; taxes.—
 1569         (1) The operation of a greyhound racing dog track and
 1570  legalized pari-mutuel betting at greyhound racing dog tracks in
 1571  this state is a privilege and is an operation that requires
 1572  strict supervision and regulation in the best interests of the
 1573  state. Pari-mutuel wagering at greyhound racing dog tracks in
 1574  this state is a substantial business, and taxes derived
 1575  therefrom constitute part of the tax structures of the state and
 1576  the counties. The operators of greyhound racing dog tracks
 1577  should pay their fair share of taxes to the state; at the same
 1578  time, this substantial business interest should not be taxed to
 1579  such an extent as to cause a track that is operated under sound
 1580  business principles to be forced out of business.
 1581         (2) A permitholder that conducts a greyhound race dograce
 1582  meet under this chapter must pay the daily license fee, the
 1583  admission tax, the breaks tax, and the tax on pari-mutuel handle
 1584  as provided in s. 550.0951 and is subject to all penalties and
 1585  sanctions provided in s. 550.0951(7) s. 550.0951(6).
 1586         Section 17. Section 550.1647, Florida Statutes, is
 1587  repealed.
 1588         Section 18. Section 550.1648, Florida Statutes, is amended
 1589  to read:
 1590         550.1648 Greyhound adoptions.—
 1591         (1)A greyhound racing Each dogracing permitholder that
 1592  conducts live racing at operating a greyhound racing dogracing
 1593  facility in this state shall provide for a greyhound adoption
 1594  booth to be located at the facility.
 1595         (1)(a) The greyhound adoption booth must be operated on
 1596  weekends by personnel or volunteers from a bona fide
 1597  organization that promotes or encourages the adoption of
 1598  greyhounds pursuant to s. 550.1647. Such bona fide organization,
 1599  as a condition of adoption, must provide sterilization of
 1600  greyhounds by a licensed veterinarian before relinquishing
 1601  custody of the greyhound to the adopter. The fee for
 1602  sterilization may be included in the cost of adoption. As used
 1603  in this section, the term “weekend” includes the hours during
 1604  which live greyhound racing is conducted on Friday, Saturday, or
 1605  Sunday, and the term “bona fide organization that promotes or
 1606  encourages the adoption of greyhounds” means an organization
 1607  that provides evidence of compliance with chapter 496 and
 1608  possesses a valid exemption from federal taxation issued by the
 1609  Internal Revenue Service. Information pamphlets and application
 1610  forms shall be provided to the public upon request.
 1611         (b)In addition, The kennel operator or owner shall notify
 1612  the permitholder that a greyhound is available for adoption and
 1613  the permitholder shall provide information concerning the
 1614  adoption of a greyhound in each race program and shall post
 1615  adoption information at conspicuous locations throughout the
 1616  greyhound racing dogracing facility. Any greyhound that is
 1617  participating in a race and that will be available for future
 1618  adoption must be noted in the race program. The permitholder
 1619  shall allow greyhounds to be walked through the track facility
 1620  to publicize the greyhound adoption program.
 1621         (2) In addition to the charity days authorized under s.
 1622  550.0351, a greyhound racing permitholder may fund the greyhound
 1623  adoption program by holding a charity racing day designated as
 1624  “Greyhound Adopt-A-Pet Day.” All profits derived from the
 1625  operation of the charity day must be placed into a fund used to
 1626  support activities at the racing facility which promote the
 1627  adoption of greyhounds. The department division may adopt rules
 1628  for administering the fund. Proceeds from the charity day
 1629  authorized in this subsection may not be used as a source of
 1630  funds for the purposes set forth in s. 550.1647.
 1631         (3)(a) Upon a violation of this section by a permitholder
 1632  or licensee, the department division may impose a penalty as
 1633  provided in s. 550.0251(10) and require the permitholder to take
 1634  corrective action.
 1635         (b) A penalty imposed under s. 550.0251(10) does not
 1636  exclude a prosecution for cruelty to animals or for any other
 1637  criminal act.
 1638         Section 19. Section 550.1751, Florida Statutes, is created
 1639  to read:
 1640         550.1751 Reduction in the number of pari-mutuel permits.—
 1641         (1) As used in this section, the term:
 1642         (a) “Active pari-mutuel permit” means a pari-mutuel permit
 1643  that is actively used for the conduct of pari-mutuel racing or
 1644  jai alai and under which the permitholder is operating all
 1645  performances at the dates and times specified on its operating
 1646  license.
 1647         (b) “Bidder for an additional slot machine license” means a
 1648  person who submits a bid or intends to submit a bid for an
 1649  additional slot machine license in Miami-Dade County or Palm
 1650  Beach County, as provided in s. 551.1041.
 1651         (2) A pari-mutuel permitholder may enter into an agreement
 1652  for the sale and transfer of an active pari-mutuel permit to a
 1653  bidder for an additional slot machine license. An active pari
 1654  mutuel permit sold and transferred to the highest bidder under
 1655  the process in s. 551.1041 must be surrendered to the department
 1656  and voided.
 1657         Section 20. Section 550.1752, Florida Statutes, is created
 1658  to read:
 1659         550.1752 Permit reduction program.—
 1660         (1) The permit reduction program is created in the
 1661  Department of Gaming for the purpose of purchasing and
 1662  cancelling active pari-mutuel permits. The program shall be
 1663  funded from revenue share payments made by the Seminole Tribe of
 1664  Florida under the compact ratified by s. 285.710(3) and received
 1665  by the state after October 31, 2015. Compact payments payable
 1666  for the program shall be calculated on a monthly basis until
 1667  such time as the department determines that sufficient funds are
 1668  available to fund the program. The total funding allocated to
 1669  the program may not exceed $20 million.
 1670         (2) The department shall purchase pari-mutuel permits from
 1671  pari-mutuel permitholders when sufficient moneys are available
 1672  for such purchases. A pari-mutuel permitholder may not submit an
 1673  offer to sell a permit unless it is actively conducting pari
 1674  mutuel racing or jai alai as required by law and satisfies all
 1675  applicable requirements for the permit. The department shall
 1676  adopt by rule the form to be used by a pari-mutuel permitholder
 1677  for an offer to sell a permit and shall establish a schedule for
 1678  the consideration of offers.
 1679         (3) The department shall establish the value of a pari
 1680  mutuel permit based upon the valuation of one or more
 1681  independent appraisers selected by the department. The valuation
 1682  of a permit must be based on the permit’s fair market value and
 1683  may not include the value of the real estate or personal
 1684  property. The department may establish a value for the permit
 1685  that is lower than the amount determined by an independent
 1686  appraiser but may not establish a higher value.
 1687         (4) The department must accept the offer or offers that
 1688  best utilize available funding; however, the department may also
 1689  accept the offers that it determines are most likely to reduce
 1690  the incidence of gaming in this state.
 1691         (5) The department shall cancel any permit purchased under
 1692  this section.
 1693         (6) This section shall expire on July 1, 2018, unless
 1694  reenacted by the Legislature.
 1695         Section 21. Section 550.2416, Florida Statutes, is created
 1696  to read:
 1697         550.2416Reporting of racing greyhound injuries.—
 1698         (1)An injury to a racing greyhound which occurs while the
 1699  greyhound is located in this state must be reported on a form
 1700  adopted by the department within 7 days after the date on which
 1701  the injury occurred or is believed to have occurred. The
 1702  department may adopt rules defining the term “injury.”
 1703         (2)The form shall be completed and signed under oath or
 1704  affirmation by the:
 1705         (a)Racetrack veterinarian or director of racing, if the
 1706  injury occurred at the racetrack facility; or
 1707         (b)Owner, trainer, or kennel operator who had knowledge of
 1708  the injury, if the injury occurred at a location other than the
 1709  racetrack facility, including during transportation.
 1710         (3)The department may fine, suspend, or revoke the license
 1711  of any individual who knowingly violates this section.
 1712         (4)The form must include the following:
 1713         (a)The greyhound’s registered name, right-ear and left-ear
 1714  tattoo numbers, and, if any, the microchip manufacturer and
 1715  number.
 1716         (b)The name, business address, and telephone number of the
 1717  greyhound owner, the trainer, and the kennel operator.
 1718         (c)The color, weight, and sex of the greyhound.
 1719         (d)The specific type and bodily location of the injury,
 1720  the cause of the injury, and the estimated recovery time from
 1721  the injury.
 1722         (e)If the injury occurred when the greyhound was racing:
 1723         1.The racetrack where the injury occurred;
 1724         2.The distance, grade, race, and post position of the
 1725  greyhound when the injury occurred; and
 1726         3.The weather conditions, time, and track conditions when
 1727  the injury occurred.
 1728         (f)If the injury occurred when the greyhound was not
 1729  racing:
 1730         1.The location where the injury occurred, including, but
 1731  not limited to, a kennel, a training facility, or a
 1732  transportation vehicle; and
 1733         2.The circumstances surrounding the injury.
 1734         (g)Other information that the department determines is
 1735  necessary to identify injuries to racing greyhounds in this
 1736  state.
 1737         (5)An injury form created pursuant to this section must be
 1738  maintained as a public record by the department for at least 7
 1739  years after the date it was received.
 1740         (6)A licensee of the department who knowingly makes a
 1741  false statement concerning an injury or fails to report an
 1742  injury is subject to disciplinary action under this chapter or
 1743  chapters 455 and 474.
 1744         (7)This section does not apply to injuries to a service
 1745  animal, personal pet, or greyhound that has been adopted as a
 1746  pet.
 1747         (8)The department shall adopt rules to implement this
 1748  section.
 1749         Section 22. Subsections (1) and (3) of section 550.26165,
 1750  Florida Statutes, are amended to read:
 1751         550.26165 Breeders’ awards.—
 1752         (1) The purpose of this section is to encourage the
 1753  agricultural activity of breeding and training racehorses in
 1754  this state. Moneys dedicated in this chapter for use as
 1755  breeders’ awards and stallion awards are to be used for awards
 1756  to breeders of registered Florida-bred horses winning horseraces
 1757  and for similar awards to the owners of stallions who sired
 1758  Florida-bred horses winning stakes races, if the stallions are
 1759  registered as Florida stallions standing in this state. Such
 1760  awards shall be given at a uniform rate to all winners of the
 1761  awards, may shall not be greater than 20 percent of the
 1762  announced gross purse, and may shall not be less than 15 percent
 1763  of the announced gross purse if funds are available. In
 1764  addition, at least no less than 17 percent, but not nor more
 1765  than 40 percent, as determined by the Florida Thoroughbred
 1766  Breeders’ Association, of the moneys dedicated in this chapter
 1767  for use as breeders’ awards and stallion awards for
 1768  thoroughbreds shall be returned pro rata to the permitholders
 1769  that generated the moneys for special racing awards to be
 1770  distributed by the permitholders to owners of thoroughbred
 1771  horses participating in prescribed thoroughbred stakes races,
 1772  nonstakes races, or both, all in accordance with a written
 1773  agreement establishing the rate, procedure, and eligibility
 1774  requirements for such awards entered into by the permitholder,
 1775  the Florida Thoroughbred Breeders’ Association, and the Florida
 1776  Horsemen’s Benevolent and Protective Association, Inc., except
 1777  that the plan for the distribution by any permitholder located
 1778  in the area described in s. 550.615(7) s. 550.615(9) shall be
 1779  agreed upon by that permitholder, the Florida Thoroughbred
 1780  Breeders’ Association, and the association representing a
 1781  majority of the thoroughbred racehorse owners and trainers at
 1782  that location. Awards for thoroughbred races are to be paid
 1783  through the Florida Thoroughbred Breeders’ Association, and
 1784  awards for standardbred races are to be paid through the Florida
 1785  Standardbred Breeders and Owners Association. Among other
 1786  sources specified in this chapter, moneys for thoroughbred
 1787  breeders’ awards will come from the 0.955 percent of handle for
 1788  thoroughbred races conducted, received, broadcast, or simulcast
 1789  under this chapter as provided in s. 550.2625(3). The moneys for
 1790  quarter horse and harness breeders’ awards will come from the
 1791  breaks and uncashed tickets on live quarter horse and harness
 1792  horse racing performances and 1 percent of handle on intertrack
 1793  wagering. The funds for these breeders’ awards shall be paid to
 1794  the respective breeders’ associations by the permitholders
 1795  conducting the races.
 1796         (3) Breeders’ associations shall submit their plans to the
 1797  department division at least 60 days before the beginning of the
 1798  payment year. The payment year may be a calendar year or any 12
 1799  month period, but once established, the yearly base may not be
 1800  changed except for compelling reasons. Once a plan is approved,
 1801  the department division may not allow the plan to be amended
 1802  during the year, except for the most compelling reasons.
 1803         Section 23. Section 550.3345, Florida Statutes, is amended
 1804  to read:
 1805         550.3345 Conversion of quarter horse permit to a Limited
 1806  thoroughbred racing permit.—
 1807         (1) In recognition of the important and long-standing
 1808  economic contribution of the thoroughbred horse breeding
 1809  industry to this state and the state’s vested interest in
 1810  promoting the continued viability of this agricultural activity,
 1811  the state intends to provide a limited opportunity for the
 1812  conduct of live thoroughbred horse racing with the net revenues
 1813  from such racing dedicated to the enhancement of thoroughbred
 1814  purses and breeders’, stallion, and special racing awards under
 1815  this chapter; the general promotion of the thoroughbred horse
 1816  breeding industry; and the care in this state of thoroughbred
 1817  horses retired from racing.
 1818         (2) A limited thoroughbred racing permit previously
 1819  converted from Notwithstanding any other provision of law, the
 1820  holder of a quarter horse racing permit pursuant to chapter
 1821  2010-29, Laws of Florida, issued under s. 550.334 may only be
 1822  held by, within 1 year after the effective date of this section,
 1823  apply to the division for a transfer of the quarter horse racing
 1824  permit to a not-for-profit corporation formed under state law to
 1825  serve the purposes of the state as provided in subsection (1).
 1826  The board of directors of the not-for-profit corporation must be
 1827  composed comprised of 11 members, 4 of whom shall be designated
 1828  by the applicant, 4 of whom shall be designated by the Florida
 1829  Thoroughbred Breeders’ Association, and 3 of whom shall be
 1830  designated by the other 8 directors, with at least 1 of these 3
 1831  members being an authorized representative of another
 1832  thoroughbred racing permitholder in this state. A limited
 1833  thoroughbred racing The not-for-profit corporation shall submit
 1834  an application to the division for review and approval of the
 1835  transfer in accordance with s. 550.054. Upon approval of the
 1836  transfer by the division, and notwithstanding any other
 1837  provision of law to the contrary, the not-for-profit corporation
 1838  may, within 1 year after its receipt of the permit, request that
 1839  the division convert the quarter horse racing permit to a permit
 1840  authorizing the holder to conduct pari-mutuel wagering meets of
 1841  thoroughbred racing. Neither the transfer of the quarter horse
 1842  racing permit nor its conversion to a limited thoroughbred
 1843  permit shall be subject to the mileage limitation or the
 1844  ratification election as set forth under s. 550.054(2) or s.
 1845  550.0651. Upon receipt of the request for such conversion, the
 1846  division shall timely issue a converted permit. The converted
 1847  permit and the not-for-profit corporation are shall be subject
 1848  to the following requirements:
 1849         (a) All net revenues derived by the not-for-profit
 1850  corporation under the thoroughbred horse racing permit, after
 1851  the funding of operating expenses and capital improvements,
 1852  shall be dedicated to the enhancement of thoroughbred purses and
 1853  breeders’, stallion, and special racing awards under this
 1854  chapter; the general promotion of the thoroughbred horse
 1855  breeding industry; and the care in this state of thoroughbred
 1856  horses retired from racing.
 1857         (b) From December 1 through April 30, no live thoroughbred
 1858  racing may not be conducted under the permit on any day during
 1859  which another thoroughbred racing permitholder is conducting
 1860  live thoroughbred racing within 125 air miles of the not-for
 1861  profit corporation’s pari-mutuel facility unless the other
 1862  thoroughbred racing permitholder gives its written consent.
 1863         (c) After the conversion of the quarter horse racing permit
 1864  and the issuance of its initial license to conduct pari-mutuel
 1865  wagering meets of thoroughbred racing, the not-for-profit
 1866  corporation shall annually apply to the department division for
 1867  a license pursuant to s. 550.5251.
 1868         (d) Racing under the permit may take place only at the
 1869  location for which the original quarter horse racing permit was
 1870  issued, which may be leased by the not-for-profit corporation
 1871  for that purpose; however, the not-for-profit corporation may,
 1872  without the conduct of any ratification election pursuant to s.
 1873  550.054(13) or s. 550.0651, move the location of the permit to
 1874  another location in the same county provided that such
 1875  relocation is approved under the zoning and land use regulations
 1876  of the applicable county or municipality.
 1877         (e) A limited thoroughbred racing No permit may not be
 1878  transferred converted under this section is eligible for
 1879  transfer to another person or entity.
 1880         (3) Unless otherwise provided in this section, after
 1881  conversion, the permit and the not-for-profit corporation shall
 1882  be treated under the laws of this state as a thoroughbred racing
 1883  permit and as a thoroughbred racing permitholder, respectively,
 1884  with the exception of ss. 550.054(9)(c) and (d) and s.
 1885  550.09515(3).
 1886         Section 24. Subsections (6), (10), and (13) of section
 1887  550.3551, Florida Statutes, are amended to read:
 1888         550.3551 Transmission of racing and jai alai information;
 1889  commingling of pari-mutuel pools.—
 1890         (6)(a) A maximum of 20 percent of the total number of races
 1891  on which wagers are accepted by a greyhound permitholder not
 1892  located as specified in s. 550.615(6) may be received from
 1893  locations outside this state. A permitholder may not conduct
 1894  fewer than eight live races or games on any authorized race day
 1895  except as provided in this subsection. A thoroughbred racing
 1896  permitholder may not conduct fewer than eight live races on any
 1897  race day without the written approval of the Florida
 1898  Thoroughbred Breeders’ Association and the Florida Horsemen’s
 1899  Benevolent and Protective Association, Inc., unless it is
 1900  determined by the department that another entity represents a
 1901  majority of the thoroughbred racehorse owners and trainers in
 1902  the state. A harness horse racing permitholder may conduct fewer
 1903  than eight live races on any authorized race day, except that
 1904  such permitholder must conduct a full schedule of live racing
 1905  during its race meet consisting of at least eight live races per
 1906  authorized race day for at least 100 days. Any harness horse
 1907  permitholder that during the preceding racing season conducted a
 1908  full schedule of live racing may, at any time during its current
 1909  race meet, receive full-card broadcasts of harness horse races
 1910  conducted at harness racetracks outside this state at the
 1911  harness track of the permitholder and accept wagers on such
 1912  harness races. With specific authorization from the department
 1913  division for special racing events, a permitholder may conduct
 1914  fewer than eight live races or games when the permitholder also
 1915  broadcasts out-of-state races or games. The department division
 1916  may not grant more than two such exceptions a year for a
 1917  permitholder in any 12-month period, and those two exceptions
 1918  may not be consecutive.
 1919         (b) Notwithstanding any other provision of this chapter,
 1920  any harness horse racing permitholder accepting broadcasts of
 1921  out-of-state harness horse races when such permitholder is not
 1922  conducting live races must make the out-of-state signal
 1923  available to all permitholders eligible to conduct intertrack
 1924  wagering and shall pay to guest tracks located as specified in
 1925  s. ss. 550.615(6) and 550.6305(9)(d) 50 percent of the net
 1926  proceeds after taxes and fees to the out-of-state host track on
 1927  harness horse race wagers which they accept. A harness horse
 1928  racing permitholder shall be required to pay into its purse
 1929  account 50 percent of the net income retained by the
 1930  permitholder on account of wagering on the out-of-state
 1931  broadcasts received pursuant to this subsection. Nine-tenths of
 1932  a percent of all harness horse race wagering proceeds on the
 1933  broadcasts received pursuant to this subsection shall be paid to
 1934  the Florida Standardbred Breeders and Owners Association under
 1935  the provisions of s. 550.2625(4) for the purposes provided
 1936  therein.
 1937         (10) The department division may adopt rules necessary to
 1938  facilitate commingling of pari-mutuel pools, to ensure the
 1939  proper calculation of payoffs in circumstances in which
 1940  different commission percentages are applicable and to regulate
 1941  the distribution of net proceeds between the horse track and, in
 1942  this state, the horsemen’s associations.
 1943         (13) This section does not prohibit the commingling of
 1944  national pari-mutuel pools by a totalisator company that is
 1945  licensed under this chapter. Such commingling of national pools
 1946  is subject to department division review and approval and must
 1947  be performed pursuant to in accordance with rules adopted by the
 1948  department division to ensure accurate calculation and
 1949  distribution of the pools.
 1950         Section 25. Subsections (2), (3), and (4) of section
 1951  550.375, Florida Statutes, are amended to read:
 1952         550.375 Operation of certain harness tracks.—
 1953         (2) Any permittee or licensee authorized under this section
 1954  to transfer the location of its permit may conduct harness
 1955  racing only between the hours of 7 p.m. and 2 a.m. A permit so
 1956  transferred applies only to the locations provided in this
 1957  section. The provisions of this chapter which prohibit the
 1958  location and operation of a licensed harness track permittee and
 1959  licensee within 100 air miles of the location of a racetrack
 1960  authorized to conduct racing under this chapter and which
 1961  prohibit the department division from granting any permit to a
 1962  harness track at a location in the area in which there are three
 1963  horse tracks located within 100 air miles thereof do not apply
 1964  to a licensed harness track that is required by the terms of
 1965  this section to race between the hours of 7 p.m. and 2 a.m.
 1966         (3) A permit may not be issued by the department division
 1967  for the operation of a harness track within 75 air miles of a
 1968  location of a harness track licensed and operating under this
 1969  chapter.
 1970         (4) The permitholder conducting a harness horse race meet
 1971  must pay the daily license fee, the admission tax, the tax on
 1972  breaks, and the tax on pari-mutuel handle provided in s.
 1973  550.0951 and is subject to all penalties and sanctions provided
 1974  in s. 550.0951(7) s. 550.0951(6).
 1975         Section 26. Subsections (2), (4), (6), and (7) of section
 1976  550.615, Florida Statutes, are amended, present subsections (8),
 1977  (9), and (10) of that section are redesignated as subsections
 1978  (6), (7), and (8), respectively, and amended, and a new
 1979  subsection (9) is added to that section, to read:
 1980         550.615 Intertrack wagering.—
 1981         (2) A Any track or fronton licensed under this chapter
 1982  which conducted a full schedule of live racing or games in the
 1983  preceding year and any greyhound racing permitholder that
 1984  conducted a full schedule of live racing for a period of at
 1985  least 10 consecutive state fiscal years after the 1996-1997
 1986  state fiscal year or that converted its permit to a permit to
 1987  conduct greyhound racing after that fiscal year is qualified to,
 1988  at any time, receive broadcasts of any class of pari-mutuel race
 1989  or game and accept wagers on such races or games conducted by
 1990  any class of permitholders licensed under this chapter.
 1991         (4) An In no event shall any intertrack wager may not be
 1992  accepted on the same class of live races or games of any
 1993  permitholder without the written consent of such operating
 1994  permitholders conducting the same class of live races or games
 1995  if the guest track is within the market area of such operating
 1996  permitholder. A greyhound racing permitholder licensed under
 1997  this chapter which accepts intertrack wagers on live greyhound
 1998  signals is not required to obtain the written consent required
 1999  by this subsection from any operating greyhound racing
 2000  permitholder within its market area.
 2001         (6) Notwithstanding the provisions of subsection (3), in
 2002  any area of the state where there are three or more horserace
 2003  permitholders within 25 miles of each other, intertrack wagering
 2004  between permitholders in said area of the state shall only be
 2005  authorized under the following conditions: Any permitholder,
 2006  other than a thoroughbred permitholder, may accept intertrack
 2007  wagers on races or games conducted live by a permitholder of the
 2008  same class or any harness permitholder located within such area
 2009  and any harness permitholder may accept wagers on games
 2010  conducted live by any jai alai permitholder located within its
 2011  market area and from a jai alai permitholder located within the
 2012  area specified in this subsection when no jai alai permitholder
 2013  located within its market area is conducting live jai alai
 2014  performances; any greyhound or jai alai permitholder may receive
 2015  broadcasts of and accept wagers on any permitholder of the other
 2016  class provided that a permitholder, other than the host track,
 2017  of such other class is not operating a contemporaneous live
 2018  performance within the market area.
 2019         (7) In any county of the state where there are only two
 2020  permits, one for dogracing and one for jai alai, no intertrack
 2021  wager may be taken during the period of time when a permitholder
 2022  is not licensed to conduct live races or games without the
 2023  written consent of the other permitholder that is conducting
 2024  live races or games. However, if neither permitholder is
 2025  conducting live races or games, either permitholder may accept
 2026  intertrack wagers on horseraces or on the same class of races or
 2027  games, or on both horseraces and the same class of races or
 2028  games as is authorized by its permit.
 2029         (6)(8) In any three contiguous counties of the state where
 2030  there are only three permitholders, all of which are greyhound
 2031  racing permitholders, if a greyhound racing any permitholder
 2032  leases the facility of another greyhound racing permitholder for
 2033  the purpose of conducting all or any portion of the conduct of
 2034  its live race meet pursuant to s. 550.475, such lessee may
 2035  conduct intertrack wagering at its pre-lease permitted facility
 2036  throughout the entire year, including while its live race meet
 2037  is being conducted at the leased facility, if such permitholder
 2038  has conducted a full schedule of live racing during the
 2039  preceding fiscal year at its pre-lease permitted facility or at
 2040  a leased facility, or combination thereof.
 2041         (7)(9) In any two contiguous counties of the state in which
 2042  there are located only four active permits, one for thoroughbred
 2043  horse racing, two for greyhound racing dogracing, and one for
 2044  jai alai games, an no intertrack wager may not be accepted on
 2045  the same class of live races or games of any permitholder
 2046  without the written consent of such operating permitholders
 2047  conducting the same class of live races or games if the guest
 2048  track is within the market area of such operating permitholder.
 2049         (8)(10) All costs of receiving the transmission of the
 2050  broadcasts shall be borne by the guest track; and all costs of
 2051  sending the broadcasts shall be borne by the host track.
 2052         (9)A greyhound racing permitholder, as provided in
 2053  subsection (2), operating pursuant to a current year’s operating
 2054  license that specifies no live performances or less than a full
 2055  schedule of live performances is qualified to:
 2056         (a)Receive broadcasts at any time of any class of pari
 2057  mutuel race or game and accept wagers on such races or games
 2058  conducted by any class of permitholder licensed under this
 2059  chapter; and
 2060         (b)Accept wagers on live races conducted at out-of-state
 2061  greyhound tracks only on the days when such permitholder
 2062  receives all live races that any greyhound host track in this
 2063  state makes available.
 2064         Section 27. Subsection (5) and paragraphs (d), (f), and (g)
 2065  of subsection (9) of section 550.6305, Florida Statutes, are
 2066  amended to read:
 2067         550.6305 Intertrack wagering; guest track payments;
 2068  accounting rules.—
 2069         (5) The department division shall adopt rules providing an
 2070  expedient accounting procedure for the transfer of the pari
 2071  mutuel pool in order to properly account for payment of state
 2072  taxes, payment to the guest track, payment to the host track,
 2073  payment of purses, payment to breeders’ associations, payment to
 2074  horsemen’s associations, and payment to the public.
 2075         (9) A host track that has contracted with an out-of-state
 2076  horse track to broadcast live races conducted at such out-of
 2077  state horse track pursuant to s. 550.3551(5) may broadcast such
 2078  out-of-state races to any guest track and accept wagers thereon
 2079  in the same manner as is provided in s. 550.3551.
 2080         (d) Any permitholder located in any area of the state where
 2081  there are only two permits, one for greyhound racing dogracing
 2082  and one for jai alai, and any permitholder that converted its
 2083  permit to conduct jai alai to a permit to conduct greyhound
 2084  racing in lieu of jai alai under s. 550.054(14), Florida
 2085  Statutes 2014, as created by s. 6, chapter 2009-170, Laws of
 2086  Florida, may accept wagers on rebroadcasts of out-of-state
 2087  thoroughbred horse races from an in-state thoroughbred horse
 2088  racing permitholder and is shall not be subject to the
 2089  provisions of paragraph (b) if such thoroughbred horse racing
 2090  permitholder located within the area specified in this paragraph
 2091  is both conducting live races and accepting wagers on out-of
 2092  state horseraces. In such case, the guest permitholder is shall
 2093  be entitled to 45 percent of the net proceeds on wagers accepted
 2094  at the guest facility. The remaining proceeds shall be
 2095  distributed as follows: one-half shall be retained by the host
 2096  facility and one-half shall be paid by the host facility as
 2097  purses at the host facility.
 2098         (f) Any permitholder located in any area of the state where
 2099  there are only two permits, one for greyhound racing dogracing
 2100  and one for jai alai, and any permitholder that converted its
 2101  permit to conduct jai alai to a permit to conduct greyhound
 2102  racing in lieu of jai alai under s. 550.054(14), Florida
 2103  Statutes 2014, as created by s. 6, chapter 2009-170, Laws of
 2104  Florida, may accept wagers on rebroadcasts of out-of-state
 2105  harness horse races from an in-state harness horse racing
 2106  permitholder and may shall not be subject to the provisions of
 2107  paragraph (b) if such harness horse racing permitholder located
 2108  within the area specified in this paragraph is conducting live
 2109  races. In such case, the guest permitholder is shall be entitled
 2110  to 45 percent of the net proceeds on wagers accepted at the
 2111  guest facility. The remaining proceeds shall be distributed as
 2112  follows: one-half shall be retained by the host facility and
 2113  one-half shall be paid by the host facility as purses at the
 2114  host facility.
 2115         (g)1.a. Any thoroughbred racing permitholder that which
 2116  accepts wagers on a simulcast signal must make the signal
 2117  available to any permitholder that is eligible to conduct
 2118  intertrack wagering under the provisions of ss. 550.615
 2119  550.6345.
 2120         b.2. Any thoroughbred racing permitholder that which
 2121  accepts wagers on a simulcast signal received after 6 p.m. must
 2122  make such signal available to any permitholder that is eligible
 2123  to conduct intertrack wagering under the provisions of ss.
 2124  550.615-550.6345, including any permitholder located as
 2125  specified in s. 550.615(6). Such guest permitholders are
 2126  authorized to accept wagers on such simulcast signal,
 2127  notwithstanding any other provision of this chapter to the
 2128  contrary.
 2129         c.3. Any thoroughbred racing permitholder that which
 2130  accepts wagers on a simulcast signal received after 6 p.m. must
 2131  make such signal available to any permitholder that is eligible
 2132  to conduct intertrack wagering under the provisions of ss.
 2133  550.615-550.6345, including any permitholder located as
 2134  specified in s. 550.615(9). Such guest permitholders are
 2135  authorized to accept wagers on such simulcast signals for a
 2136  number of performances not to exceed that which constitutes a
 2137  full schedule of live races for a quarter horse racing
 2138  permitholder pursuant to s. 550.002(10) s. 550.002(11),
 2139  notwithstanding any other provision of this chapter to the
 2140  contrary, except that the restrictions provided in s.
 2141  550.615(9)(a) apply to wagers on such simulcast signals.
 2142         2.A No thoroughbred racing permitholder is not shall be
 2143  required to continue to rebroadcast a simulcast signal to any
 2144  in-state permitholder if the average per performance gross
 2145  receipts returned to the host permitholder over the preceding
 2146  30-day period were less than $100. Subject to the provisions of
 2147  s. 550.615(4), as a condition of receiving rebroadcasts of
 2148  thoroughbred simulcast signals under this paragraph, a guest
 2149  permitholder must accept intertrack wagers on all live races
 2150  conducted by all then-operating thoroughbred racing
 2151  permitholders.
 2152         Section 28. Section 550.6308, Florida Statutes, is amended
 2153  to read:
 2154         550.6308 Limited intertrack wagering license.—In
 2155  recognition of the economic importance of the thoroughbred
 2156  breeding industry to this state, its positive impact on tourism,
 2157  and of the importance of a permanent thoroughbred sales facility
 2158  as a key focal point for the activities of the industry, a
 2159  limited license to conduct intertrack wagering is established to
 2160  ensure the continued viability and public interest in
 2161  thoroughbred breeding in Florida.
 2162         (1)(a) Upon application to the department division on or
 2163  before January 31 of each year, any person that is licensed to
 2164  conduct public sales of thoroughbred horses pursuant to s.
 2165  535.01 and, that has conducted at least 8 15 days of
 2166  thoroughbred horse sales at a permanent sales facility in this
 2167  state for at least 3 consecutive years, and that has conducted
 2168  at least 1 day of nonwagering thoroughbred racing in this state,
 2169  with a purse structure of at least $250,000 per year for 2
 2170  consecutive years before such application, shall be issued a
 2171  license, subject to the conditions set forth in this section, to
 2172  conduct intertrack wagering at such a permanent sales facility
 2173  during the following periods:
 2174         1.(a) Up to 21 days in connection with thoroughbred sales;
 2175         2.(b) Between November 1 and May 8;
 2176         3.(c) Between May 9 and October 31 at such times and on
 2177  such days as any thoroughbred racing, jai alai, or a greyhound
 2178  racing permitholder in the same county is not conducting live
 2179  performances; provided that any such permitholder may waive this
 2180  requirement, in whole or in part, and allow the licensee under
 2181  this section to conduct intertrack wagering during one or more
 2182  of the permitholder’s live performances; and
 2183         4.(d) During the weekend of the Kentucky Derby, the
 2184  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 2185  conducted before November 1 and after May 8.
 2186         (b)Only No more than one such license may be issued, and
 2187  the no such license may not be issued for a facility located
 2188  within 50 miles of any for-profit thoroughbred racing
 2189  permitholder’s licensed track.
 2190         (2) If more than one application is submitted for such
 2191  license, the department division shall determine which applicant
 2192  shall be granted the license. In making its determination, the
 2193  department division shall grant the license to the applicant
 2194  demonstrating superior capabilities, as measured by the length
 2195  of time the applicant has been conducting thoroughbred sales
 2196  within this state or elsewhere, the applicant’s total volume of
 2197  thoroughbred horse sales, within this state or elsewhere, the
 2198  length of time the applicant has maintained a permanent
 2199  thoroughbred sales facility in this state, and the quality of
 2200  the facility.
 2201         (3) The applicant must comply with the provisions of ss.
 2202  550.125 and 550.1815.
 2203         (4) Intertrack wagering under this section may be conducted
 2204  only on thoroughbred horse racing, except that intertrack
 2205  wagering may be conducted on any class of pari-mutuel race or
 2206  game conducted by any class of permitholders licensed under this
 2207  chapter if all thoroughbred, jai alai, and greyhound
 2208  permitholders in the same county as the licensee under this
 2209  section give their consent.
 2210         (4)(5) The licensee shall be considered a guest track under
 2211  this chapter. The licensee shall pay 2.5 percent of the total
 2212  contributions to the daily pari-mutuel pool on wagers accepted
 2213  at the licensee’s facility on greyhound races or jai alai games
 2214  to the thoroughbred racing permitholder that is conducting live
 2215  races for purses to be paid during its current racing meet. If
 2216  more than one thoroughbred racing permitholder is conducting
 2217  live races on a day during which the licensee is conducting
 2218  intertrack wagering on greyhound races or jai alai games, the
 2219  licensee shall allocate these funds between the operating
 2220  thoroughbred racing permitholders on a pro rata basis based on
 2221  the total live handle at the operating permitholders’
 2222  facilities.
 2223         Section 29. Section 551.101, Florida Statutes, is amended
 2224  to read:
 2225         551.101 Slot machine gaming authorized.—Possession of slot
 2226  machines and conduct of slot machine gaming is authorized only
 2227  at licensed facilities eligible pursuant to this chapter Any
 2228  licensed pari-mutuel facility located in Miami-Dade County or
 2229  Broward County existing at the time of adoption of s. 23, Art. X
 2230  of the State Constitution that has conducted live racing or
 2231  games during calendar years 2002 and 2003 may possess slot
 2232  machines and conduct slot machine gaming at the location where
 2233  the pari-mutuel permitholder is authorized to conduct pari
 2234  mutuel wagering activities pursuant to such permitholder’s valid
 2235  pari-mutuel permit provided that a majority of voters in a
 2236  countywide referendum have approved slot machines at such
 2237  facility in the respective county. Notwithstanding any other
 2238  provision of law, it is not a crime for a person to participate
 2239  in slot machine gaming at a pari-mutuel facility licensed to
 2240  possess slot machines and conduct slot machine gaming or to
 2241  participate in slot machine gaming described in this chapter.
 2242         Section 30. Present subsection (1) of section 551.102,
 2243  Florida Statutes, is redesignated as subsection (3), a new
 2244  subsection (1) is added to that section, and present subsection
 2245  (3) and subsections (4), (10), and (11) of that section are
 2246  amended, to read:
 2247         551.102 Definitions.—As used in this chapter, the term:
 2248         (1) “Department” means the Department of Gaming.
 2249         (3) “Division” means the Division of Pari-mutuel Wagering
 2250  of the Department of Business and Professional Regulation.
 2251         (4) “Eligible facility” means a any licensed pari-mutuel
 2252  facility that meets the requirements of ss. 551.104 and 551.1041
 2253  located in Miami-Dade County or Broward County existing at the
 2254  time of adoption of s. 23, Art. X of the State Constitution that
 2255  has conducted live racing or games during calendar years 2002
 2256  and 2003 and has been approved by a majority of voters in a
 2257  countywide referendum to have slot machines at such facility in
 2258  the respective county; any licensed pari-mutuel facility located
 2259  within a county as defined in s. 125.011, provided such facility
 2260  has conducted live racing for 2 consecutive calendar years
 2261  immediately preceding its application for a slot machine
 2262  license, pays the required license fee, and meets the other
 2263  requirements of this chapter; or any licensed pari-mutuel
 2264  facility in any other county in which a majority of voters have
 2265  approved slot machines at such facilities in a countywide
 2266  referendum held pursuant to a statutory or constitutional
 2267  authorization after the effective date of this section in the
 2268  respective county, provided such facility has conducted a full
 2269  schedule of live racing for 2 consecutive calendar years
 2270  immediately preceding its application for a slot machine
 2271  license, pays the required license licensed fee, and meets the
 2272  other requirements of this chapter.
 2273         (10) “Slot machine license” means a license issued by the
 2274  department division authorizing a pari-mutuel permitholder to
 2275  place and operate slot machines as provided by s. 23, Art. X of
 2276  the State Constitution, the provisions of this chapter, and
 2277  department division rules.
 2278         (11) “Slot machine licensee” means a pari-mutuel
 2279  permitholder that who holds a license issued by the department
 2280  division pursuant to this chapter which that authorizes the
 2281  licensee such person to possess a slot machine within facilities
 2282  as provided in this chapter specified in s. 23, Art. X of the
 2283  State Constitution and allows slot machine gaming.
 2284         Section 31. Section 551.104, Florida Statutes, is amended
 2285  to read:
 2286         551.104 License to conduct slot machine gaming.—
 2287         (1) Upon application and a finding by the department
 2288  division after investigation that the application is complete
 2289  and the applicant is qualified and payment of the initial
 2290  license fee, the department division may issue a license to
 2291  conduct slot machine gaming in the designated slot machine
 2292  gaming area of the eligible facility. Once licensed, slot
 2293  machine gaming may be conducted subject to the requirements of
 2294  this chapter and rules adopted pursuant thereto.
 2295         (2) If it is determined that the application would not
 2296  trigger a reduction in revenue-sharing payments under the Gaming
 2297  Compact between the Seminole Tribe of Florida and the State of
 2298  Florida, an application may be approved by the department, but
 2299  division only for:
 2300         (a)A licensed pari-mutuel facility where live racing or
 2301  games were conducted during calendar years 2002 and 2003 which
 2302  is located in Miami-Dade County or Broward County and is
 2303  authorized for slot machine licensure pursuant to s. 23, Art. X
 2304  of the State Constitution.
 2305         (b)A licensed pari-mutuel facility where a full schedule
 2306  of live horseracing has been conducted for 2 consecutive
 2307  calendar years immediately preceding its application for a slot
 2308  machine license and which is located within a county as defined
 2309  in s. 125.011.
 2310         (c)A licensed pari-mutuel facility authorized under s.
 2311  551.1041 after the voters of the county where the applicant’s
 2312  facility is located have authorized by referendum slot machines
 2313  within pari-mutuel facilities in that county as specified in s.
 2314  23, Art. X of the State Constitution.
 2315         (3) A slot machine license may be issued only to a licensed
 2316  pari-mutuel permitholder, and slot machine gaming may be
 2317  conducted only at the eligible facility at which the
 2318  permitholder is authorized under its valid pari-mutuel wagering
 2319  permit to conduct pari-mutuel wagering activities.
 2320         (4) As a condition of licensure and to maintain continued
 2321  authority for the conduct of slot machine gaming, the slot
 2322  machine licensee shall:
 2323         (a) Continue to be in compliance with this chapter.
 2324         (b) Continue to be in compliance with chapter 550, where
 2325  applicable, and maintain the pari-mutuel permit and license in
 2326  good standing pursuant to the provisions of chapter 550.
 2327  Notwithstanding any contrary provision of law and in order to
 2328  expedite the operation of slot machines at eligible facilities,
 2329  any eligible facility shall be entitled within 60 days after the
 2330  effective date of this act to amend its 2006-2007 pari-mutuel
 2331  wagering operating license issued by the division under ss.
 2332  550.0115 and 550.01215. The division shall issue a new license
 2333  to the eligible facility to effectuate any approved change.
 2334         (c) Conduct no fewer than a full schedule of live racing or
 2335  games as defined in s. 550.002(11), excluding any. A
 2336  permitholder’s responsibility to conduct such number of live
 2337  races or games shall be reduced by the number of races or games
 2338  that could not be conducted as a due to the direct result of
 2339  fire, war, hurricane, or other disaster or event beyond the
 2340  control of the permitholder. This paragraph does not apply to a
 2341  greyhound racing permitholder that conducted a full schedule of
 2342  live racing for a period of at least 10 consecutive state fiscal
 2343  years after the 2002-2003 state fiscal year or to a thoroughbred
 2344  racing permitholder that holds a slot machine license if it has
 2345  entered into an agreement with another thoroughbred racing
 2346  permitholder to conduct its race meet at the other thoroughbred
 2347  racing permitholder’s facility.
 2348         (d) Upon approval of any changes relating to the pari
 2349  mutuel permit by the department division, be responsible for
 2350  providing appropriate current and accurate documentation on a
 2351  timely basis to the department division in order to continue the
 2352  slot machine license in good standing. Changes in ownership or
 2353  interest of a slot machine license of 5 percent or more of the
 2354  stock or other evidence of ownership or equity in the slot
 2355  machine license or any parent corporation or other business
 2356  entity that in any way owns or controls the slot machine license
 2357  shall be approved by the department division prior to such
 2358  change, unless the owner is an existing holder of that license
 2359  who was previously approved by the department division. Changes
 2360  in ownership or interest of a slot machine license of less than
 2361  5 percent, unless such change results in a cumulative total of 5
 2362  percent or more, shall be reported to the department division
 2363  within 20 days after the change. The department division may
 2364  then conduct an investigation to ensure that the license is
 2365  properly updated to show the change in ownership or interest. No
 2366  reporting is required if the person is holding 5 percent or less
 2367  equity or securities of a corporate owner of the slot machine
 2368  licensee that has its securities registered pursuant to s. 12 of
 2369  the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and
 2370  if such corporation or entity files with the United States
 2371  Securities and Exchange Commission the reports required by s. 13
 2372  of that act or if the securities of the corporation or entity
 2373  are regularly traded on an established securities market in the
 2374  United States. A change in ownership or interest of less than 5
 2375  percent which results in a cumulative ownership or interest of 5
 2376  percent or more must shall be approved by the department before
 2377  division prior to such change unless the owner is an existing
 2378  holder of the license who was previously approved by the
 2379  department division.
 2380         (e) Allow the department division and the Department of Law
 2381  Enforcement unrestricted access to and right of inspection of
 2382  facilities of a slot machine licensee in which any activity
 2383  relative to the conduct of slot machine gaming is conducted.
 2384         (f) Ensure that the facilities-based computer system that
 2385  the licensee will use for operational and accounting functions
 2386  of the slot machine facility is specifically structured to
 2387  facilitate regulatory oversight. The facilities-based computer
 2388  system shall be designed to provide the department division and
 2389  the Department of Law Enforcement with the ability to monitor,
 2390  at any time on a real-time basis, the wagering patterns,
 2391  payouts, tax collection, and such other operations as necessary
 2392  to determine whether the facility is in compliance with
 2393  statutory provisions and rules adopted by the department
 2394  division for the regulation and control of slot machine gaming.
 2395  The department division and the Department of Law Enforcement
 2396  shall have complete and continuous access to this system. Such
 2397  access shall include the ability of either the department
 2398  division or the Department of Law Enforcement to suspend play
 2399  immediately on particular slot machines if monitoring of the
 2400  system indicates possible tampering or manipulation of those
 2401  slot machines or the ability to suspend play immediately of the
 2402  entire operation if the tampering or manipulation is of the
 2403  computer system itself. The computer system shall be reviewed
 2404  and approved by the department division to ensure necessary
 2405  access, security, and functionality. The department division may
 2406  adopt rules to provide for the approval process.
 2407         (g) Ensure that each slot machine is protected from
 2408  manipulation or tampering to affect the random probabilities of
 2409  winning plays. The department division or the Department of Law
 2410  Enforcement may shall have the authority to suspend play upon
 2411  reasonable suspicion of any manipulation or tampering. When play
 2412  has been suspended on any slot machine, the department division
 2413  or the Department of Law Enforcement may examine any slot
 2414  machine to determine whether the machine has been tampered with
 2415  or manipulated and whether the machine should be returned to
 2416  operation.
 2417         (h) Submit a security plan, including the facilities’ floor
 2418  plan, the locations of security cameras, and a listing of all
 2419  security equipment that is capable of observing and
 2420  electronically recording activities being conducted in the
 2421  facilities of the slot machine licensee. The security plan must
 2422  meet the minimum security requirements as determined by the
 2423  department division under s. 551.103(1)(i) and be implemented
 2424  prior to operation of slot machine gaming. The slot machine
 2425  licensee’s facilities must adhere to the security plan at all
 2426  times. Any changes to the security plan must be submitted by the
 2427  licensee to the department before division prior to
 2428  implementation. The department division shall furnish copies of
 2429  the security plan and changes in the plan to the Department of
 2430  Law Enforcement.
 2431         (i) Create and file with the department division a written
 2432  policy for:
 2433         1. Creating opportunities to purchase from vendors in this
 2434  state, including minority vendors.
 2435         2. Creating opportunities for employment of residents of
 2436  this state, including minority residents.
 2437         3. Ensuring opportunities for construction services from
 2438  minority contractors.
 2439         4. Ensuring that opportunities for employment are offered
 2440  on an equal, nondiscriminatory basis.
 2441         5. Training for employees on responsible gaming and working
 2442  with a compulsive or addictive gambling prevention program to
 2443  further its purposes as provided for in s. 551.118.
 2444         6. The implementation of a drug-testing program that
 2445  includes, but is not limited to, requiring each employee to sign
 2446  an agreement that he or she understands that the slot machine
 2447  facility is a drug-free workplace.
 2448  
 2449  The slot machine licensee shall use the Internet-based job
 2450  listing system of the Department of Economic Opportunity in
 2451  advertising employment opportunities. Beginning in June 2007,
 2452  Each slot machine licensee shall provide an annual report to the
 2453  department division containing information indicating compliance
 2454  with this paragraph in regard to minority persons.
 2455         (j) Ensure that the payout percentage of a slot machine
 2456  gaming facility is at least 85 percent.
 2457         (5) A slot machine license is not transferable.
 2458         (6) A slot machine licensee shall keep and maintain
 2459  permanent daily records of its slot machine operation and shall
 2460  maintain such records for a period of not less than 5 years.
 2461  These records must include all financial transactions and
 2462  contain sufficient detail to determine compliance with the
 2463  requirements of this chapter. All records shall be available for
 2464  audit and inspection by the department division, the Department
 2465  of Law Enforcement, or other law enforcement agencies during the
 2466  licensee’s regular business hours.
 2467         (7) A slot machine licensee shall file with the department
 2468  division a monthly report containing the required records of
 2469  such slot machine operation. The required reports shall be
 2470  submitted on forms prescribed by the department division and
 2471  shall be due at the same time as the monthly pari-mutuel reports
 2472  are due to the department division, and the reports shall be
 2473  deemed public records once filed.
 2474         (8) A slot machine licensee shall file with the department
 2475  division an audit of the receipt and distribution of all slot
 2476  machine revenues provided by an independent certified public
 2477  accountant verifying compliance with all financial and auditing
 2478  provisions of this chapter and the associated rules adopted
 2479  under this chapter. The audit must include verification of
 2480  compliance with all statutes and rules regarding all required
 2481  records of slot machine operations. Such audit shall be filed
 2482  within 60 days after the completion of the permitholder’s pari
 2483  mutuel meet.
 2484         (9) The department division may share any information with
 2485  the Department of Law Enforcement, any other law enforcement
 2486  agency having jurisdiction over slot machine gaming or pari
 2487  mutuel activities, or any other state or federal law enforcement
 2488  agency the department division or the Department of Law
 2489  Enforcement deems appropriate. Any law enforcement agency having
 2490  jurisdiction over slot machine gaming or pari-mutuel activities
 2491  may share any information obtained or developed by it with the
 2492  department division.
 2493         (10)(a)1. No slot machine license or renewal thereof shall
 2494  be issued to an applicant holding a permit under chapter 550 to
 2495  conduct pari-mutuel wagering meets of thoroughbred racing unless
 2496  the applicant has on file with the department division a binding
 2497  written agreement between the applicant and the Florida
 2498  Horsemen’s Benevolent and Protective Association, Inc.,
 2499  governing the payment of purses on live thoroughbred races
 2500  conducted at the licensee’s pari-mutuel facility. In addition,
 2501  no slot machine license or renewal thereof shall be issued to
 2502  such an applicant unless the applicant has on file with the
 2503  department division a binding written agreement between the
 2504  applicant and the Florida Thoroughbred Breeders’ Association,
 2505  Inc., governing the payment of breeders’, stallion, and special
 2506  racing awards on live thoroughbred races conducted at the
 2507  licensee’s pari-mutuel facility. The agreement governing purses
 2508  and the agreement governing awards may direct the payment of
 2509  such purses and awards from revenues generated by any wagering
 2510  or gaming the applicant is authorized to conduct under Florida
 2511  law. All purses and awards shall be subject to the terms of
 2512  chapter 550. All sums for breeders’, stallion, and special
 2513  racing awards shall be remitted monthly to the Florida
 2514  Thoroughbred Breeders’ Association, Inc., for the payment of
 2515  awards subject to the administrative fee authorized in s.
 2516  550.2625(3).
 2517         2. No slot machine license or renewal thereof shall be
 2518  issued to an applicant holding a permit under chapter 550 to
 2519  conduct pari-mutuel wagering meets of quarter horse racing
 2520  unless the applicant has on file with the department division a
 2521  binding written agreement between the applicant and the Florida
 2522  Quarter Horse Racing Association or the association representing
 2523  a majority of the horse owners and trainers at the applicant’s
 2524  eligible facility, governing the payment of purses on live
 2525  quarter horse races conducted at the licensee’s pari-mutuel
 2526  facility. The agreement governing purses may direct the payment
 2527  of such purses from revenues generated by any wagering or gaming
 2528  the applicant is authorized to conduct under Florida law. All
 2529  purses are shall be subject to the terms of chapter 550.
 2530         (b) The department division shall suspend a slot machine
 2531  license if one or more of the agreements required under
 2532  paragraph (a) are terminated or otherwise cease to operate or if
 2533  the department division determines that the licensee is
 2534  materially failing to comply with the terms of such an
 2535  agreement. Any such suspension shall take place in accordance
 2536  with chapter 120.
 2537         (c)1. If an agreement required under paragraph (a) cannot
 2538  be reached before prior to the initial issuance of the slot
 2539  machine license, either party may request arbitration or, in the
 2540  case of a renewal, if an agreement required under paragraph (a)
 2541  is not in place 120 days prior to the scheduled expiration date
 2542  of the slot machine license, the applicant shall immediately ask
 2543  the American Arbitration Association to furnish a list of 11
 2544  arbitrators, each of whom shall have at least 5 years of
 2545  commercial arbitration experience and no financial interest in
 2546  or prior relationship with any of the parties or their
 2547  affiliated or related entities or principals. Each required
 2548  party to the agreement shall select a single arbitrator from the
 2549  list provided by the American Arbitration Association within 10
 2550  days of receipt, and the individuals so selected shall choose
 2551  one additional arbitrator from the list within the next 10 days.
 2552         2. If an agreement required under paragraph (a) is not in
 2553  place 60 days after the request under subparagraph 1. in the
 2554  case of an initial slot machine license or, in the case of a
 2555  renewal, 60 days before prior to the scheduled expiration date
 2556  of the slot machine license, the matter shall be immediately
 2557  submitted to mandatory binding arbitration to resolve the
 2558  disagreement between the parties. The three arbitrators selected
 2559  pursuant to subparagraph 1. shall constitute the panel that
 2560  shall arbitrate the dispute between the parties pursuant to the
 2561  American Arbitration Association Commercial Arbitration Rules
 2562  and chapter 682.
 2563         3. At the conclusion of the proceedings, which shall be no
 2564  later than 90 days after the request under subparagraph 1. in
 2565  the case of an initial slot machine license or, in the case of a
 2566  renewal, 30 days before prior to the scheduled expiration date
 2567  of the slot machine license, the arbitration panel shall present
 2568  to the parties a proposed agreement that the majority of the
 2569  panel believes equitably balances the rights, interests,
 2570  obligations, and reasonable expectations of the parties. The
 2571  parties shall immediately enter into such agreement, which shall
 2572  satisfy the requirements of paragraph (a) and permit issuance of
 2573  the pending annual slot machine license or renewal. The
 2574  agreement produced by the arbitration panel under this
 2575  subparagraph shall be effective until the last day of the
 2576  license or renewal period or until the parties enter into a
 2577  different agreement. Each party shall pay its respective costs
 2578  of arbitration and shall pay one-half of the costs of the
 2579  arbitration panel, unless the parties otherwise agree. If the
 2580  agreement produced by the arbitration panel under this
 2581  subparagraph remains in place 120 days prior to the scheduled
 2582  issuance of the next annual license renewal, then the
 2583  arbitration process established in this paragraph will begin
 2584  again.
 2585         4. If In the event that neither of the agreements required
 2586  under subparagraph (a)1. or the agreement required under
 2587  subparagraph (a)2. is not are in place by the deadlines
 2588  established in this paragraph, arbitration regarding each
 2589  agreement shall will proceed independently, with separate lists
 2590  of arbitrators, arbitration panels, arbitration proceedings, and
 2591  resulting agreements.
 2592         5. With respect to the agreements required under paragraph
 2593  (a) governing the payment of purses, the arbitration and
 2594  resulting agreement called for under this paragraph shall be
 2595  limited to the payment of purses from slot machine revenues
 2596  only.
 2597         (d) If any provision of this subsection or its application
 2598  to any person or circumstance is held invalid, the invalidity
 2599  does not affect other provisions or applications of this
 2600  subsection or chapter which can be given effect without the
 2601  invalid provision or application, and to this end the provisions
 2602  of this subsection are severable.
 2603         (e) Each slot machine licensee that does not offer live
 2604  racing shall withhold 2 percent of its net revenue from slot
 2605  machines to be deposited into a purse pool to be paid as purses
 2606  to licensed pari-mutuel facilities offering live racing or
 2607  games. This paragraph does not apply to slot machine licenses
 2608  issued pursuant to subsection (1).
 2609         Section 32. Section 551.1041, Florida Statutes, is created
 2610  to read:
 2611         551.1041Additional slot machine licenses.—
 2612         (1) An additional slot machine license is authorized and
 2613  may be issued to a pari-mutuel permitholder for a slot machine
 2614  facility in Miami-Dade County.
 2615         (2) An additional slot machine license is authorized and
 2616  may be issued to a pari-mutuel permitholder for a slot machine
 2617  facility in Palm Beach County.
 2618         (3)A slot machine license may not be issued under this
 2619  section until a majority of the voters of the county where the
 2620  facility is located approve slot machines at the facility in a
 2621  referendum held after July 1, 2016. The referendum may be
 2622  conducted pursuant to s. 550.0651. If a special election is not
 2623  held, the referendum shall be conducted at the next general
 2624  election in that county.
 2625         (4) Application for a slot machine license must be made by
 2626  sealed bid to the department, with the license awarded to the
 2627  highest bidder. Before the advertisement or notice of bid
 2628  solicitations, the department shall publish prequalification
 2629  procedures and requirements that, at minimum, meet the criteria
 2630  in subsection (5). The department shall adopt by rule the form
 2631  for the bid. The form shall include the applicant’s bid amount
 2632  and evidence that the applicant meets the prequalification
 2633  criteria. The bids may not be opened until the day, time, and
 2634  place designated by the department and provided in the notice,
 2635  at which time all bids shall be opened at a public meeting
 2636  pursuant to s. 286.011. Any challenge or protest of the award is
 2637  subject to s. 120.57(3). Section 120.60(1) does not apply to the
 2638  bid process established by this section.
 2639         (5)At minimum, the prequalification criteria must include:
 2640         (a) Evidence that the bidder meets the qualifications in
 2641  chapters 550 and 551, as applicable; and
 2642         (b) Evidence that the bidder has purchased, or entered into
 2643  an agreement to purchase and transfer, an active pari-mutuel
 2644  permit with the intent to surrender and void such permit, as
 2645  provided in s. 550.1751.
 2646         (6) To be eligible for a slot machine license under this
 2647  section, the applicant must submit a minimum bid of $3 million.
 2648  If no minimum bids are received, the slot machine license will
 2649  not be issued and the department may restart the bid process on
 2650  its own initiative or upon the receipt of a petition by a
 2651  potential bidder to start the bid process.
 2652         (7) A slot machine licensee who is awarded a license under
 2653  this section may make available for play the following machines:
 2654         (a) After the issuance of the initial slot machine license
 2655  and before October 1, 2018, up to a total of 500 slot machines
 2656  and 250 video race terminals.
 2657         (b) On or after October 1, 2018, up to a total of 750 slot
 2658  machines and 750 video race terminals.
 2659         (8)The following requirements apply to slot machines and
 2660  video race terminals authorized under this section:
 2661         (a)A wager on a slot machine or a video race terminal may
 2662  not exceed $5 per game or race.
 2663         (b) Only one game or race may be played at any given time
 2664  on a slot machine or video race terminal, and a player may not
 2665  wager on a new game or race until the previous game or race has
 2666  been completed.
 2667         (c) Slot machines and video race terminals may not offer
 2668  games that use tangible playing cards, but may have games that
 2669  use electronic or virtual cards.
 2670         (9) As used in subsections (7) and (8), the term “video
 2671  race terminal” means an individual racing terminal linked to a
 2672  central server as part of a network-based video game in which
 2673  the terminals allow pari-mutuel wagering by players on the
 2674  results of previously conducted horse races, but only if the
 2675  game is certified in advance by an independent testing
 2676  laboratory licensed or contracted by the department as complying
 2677  with all of the following requirements:
 2678         (a)All data on previously conducted horse races must be
 2679  stored in a secure format on the central server, which must be
 2680  located at the pari-mutuel facility.
 2681         (b)Only horse races that were recorded at licensed pari
 2682  mutuel facilities in the United States after January 1, 2005,
 2683  may be used.
 2684         (c)After each wager is placed, the video race terminal
 2685  must display a video of at least the final seconds of the horse
 2686  race before any prize is awarded or indicated on the video race
 2687  terminal.
 2688         (d)The display of the video of the horse race must be
 2689  shown on the video race terminal’s video screen.
 2690         (e)Mechanical reel displays are prohibited.
 2691         (f)A video race terminal may not contain more than one
 2692  player position for placing wagers.
 2693         (g)Coins, currency, or tokens may not be dispensed from a
 2694  video race terminal.
 2695         (h)Prizes must be awarded based solely on the results of a
 2696  previously conducted horse race, and no additional element of
 2697  chance may be used. However, a random number generator must be
 2698  used to select from the central server the race to be displayed
 2699  to the player(s) and to select numbers or other designations of
 2700  race entrants that will be used in the various bet types for any
 2701  “Quick Pick” bets. To prevent an astute player from recognizing
 2702  the race based on the entrants and thus knowing the results
 2703  before placing a wager, the entrants of the race may not be
 2704  identified until after all wagers for that race have been
 2705  placed.
 2706         (10) Each slot machine licensee under this section shall
 2707  withhold 1 percent of the net revenue from the slot machines and
 2708  video race terminals authorized by this section to be deposited
 2709  into a purse pool to be paid as purses for thoroughbred horse
 2710  racing at a licensed pari-mutuel facility that is not authorized
 2711  to conduct slot machine gaming.
 2712         Section 33. Section 551.1042, Florida Statutes, is created
 2713  to read:
 2714         551.1042Transfer or relocation of slot machine license
 2715  prohibited.—A slot machine license issued under this chapter may
 2716  not be transferred or reissued when such reissuance is in the
 2717  nature of a transfer so as to permit or authorize a licensee to
 2718  change the location of a slot machine facility.
 2719         Section 34. Section 551.106, Florida Statutes, is amended
 2720  to read:
 2721         551.106 License fee; tax rate; penalties.—
 2722         (1) LICENSE FEE.—
 2723         (a) Upon submission of the initial application for a slot
 2724  machine license and annually thereafter, on the anniversary date
 2725  of the issuance of the initial license, the licensee must pay to
 2726  the department division a nonrefundable license fee of $3
 2727  million for the succeeding 12 months of licensure. In the 2010
 2728  2011 fiscal year, the licensee must pay the division a
 2729  nonrefundable license fee of $2.5 million for the succeeding 12
 2730  months of licensure. In the 2011-2012 fiscal year and for every
 2731  fiscal year thereafter, the licensee must pay the division a
 2732  nonrefundable license fee of $2 million for the succeeding 12
 2733  months of licensure. The license fee shall be deposited into the
 2734  Pari-mutuel Wagering Trust Fund of the Department of Business
 2735  and Professional Regulation to be used by the department
 2736  division and the Department of Law Enforcement for
 2737  investigations, regulation of slot machine gaming, and
 2738  enforcement of slot machine gaming provisions under this
 2739  chapter. These payments shall be accounted for separately from
 2740  taxes or fees paid pursuant to the provisions of chapter 550.
 2741         (b) Prior to January 1, 2007, the division shall evaluate
 2742  the license fee and shall make recommendations to the President
 2743  of the Senate and the Speaker of the House of Representatives
 2744  regarding the optimum level of slot machine license fees in
 2745  order to adequately support the slot machine regulatory program.
 2746         (2) TAX ON SLOT MACHINE REVENUES.—
 2747         (a) The tax rate on slot machine revenues at each facility
 2748  shall be 30 35 percent. If, during any state fiscal year, the
 2749  aggregate amount of tax paid to the state by all slot machine
 2750  licensees in Broward and Miami-Dade Counties is less than the
 2751  aggregate amount of tax paid to the state by all slot machine
 2752  licensees in the 2008-2009 fiscal year, each slot machine
 2753  licensee shall pay to the state within 45 days after the end of
 2754  the state fiscal year a surcharge equal to its pro rata share of
 2755  an amount equal to the difference between the aggregate amount
 2756  of tax paid to the state by all slot machine licensees in the
 2757  2008-2009 fiscal year and the amount of tax paid during the
 2758  fiscal year. Each licensee’s pro rata share shall be an amount
 2759  determined by dividing the number 1 by the number of facilities
 2760  licensed to operate slot machines during the applicable fiscal
 2761  year, regardless of whether the facility is operating such
 2762  machines.
 2763         (b) The slot machine revenue tax imposed by this section
 2764  shall be paid to the department division for deposit into the
 2765  Pari-mutuel Wagering Trust Fund for immediate transfer by the
 2766  Chief Financial Officer for deposit into the Educational
 2767  Enhancement Trust Fund of the Department of Education. Any
 2768  interest earnings on the tax revenues shall also be transferred
 2769  to the Educational Enhancement Trust Fund.
 2770         (c)1. Funds transferred to the Educational Enhancement
 2771  Trust Fund under paragraph (b) shall be used to supplement
 2772  public education funding statewide.
 2773         2. If necessary to comply with any covenant established
 2774  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 2775  funds transferred to the Educational Enhancement Trust Fund
 2776  under paragraph (b) shall first be available to pay debt service
 2777  on lottery bonds issued to fund school construction in the event
 2778  lottery revenues are insufficient for such purpose or to satisfy
 2779  debt service reserve requirements established in connection with
 2780  lottery bonds. Moneys available pursuant to this subparagraph
 2781  are subject to annual appropriation by the Legislature.
 2782         (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
 2783  on slot machine revenues imposed by this section shall be paid
 2784  to the department division. The department division shall
 2785  deposit these sums with the Chief Financial Officer, to the
 2786  credit of the Pari-mutuel Wagering Trust Fund. The slot machine
 2787  licensee shall remit to the department division payment for the
 2788  tax on slot machine revenues. Such payments shall be remitted by
 2789  3 p.m. Wednesday of each week for taxes imposed and collected
 2790  for the preceding week ending on Sunday. Beginning on July 1,
 2791  2012, The slot machine licensee shall remit to the department
 2792  division payment for the tax on slot machine revenues by 3 p.m.
 2793  on the 5th day of each calendar month for taxes imposed and
 2794  collected for the preceding calendar month. If the 5th day of
 2795  the calendar month falls on a weekend, payments shall be
 2796  remitted by 3 p.m. the first Monday following the weekend. The
 2797  slot machine licensee shall file a report under oath by the 5th
 2798  day of each calendar month for all taxes remitted during the
 2799  preceding calendar month. Such payments shall be accompanied by
 2800  a report under oath showing all slot machine gaming activities
 2801  for the preceding calendar month and such other information as
 2802  may be prescribed by the department division.
 2803         (4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 2804  fails to make tax payments as required under this section is
 2805  subject to an administrative penalty of up to $10,000 for each
 2806  day the tax payment is not remitted. All administrative
 2807  penalties imposed and collected shall be deposited into the
 2808  Pari-mutuel Wagering Trust Fund of the Department of Business
 2809  and Professional Regulation. If any slot machine licensee fails
 2810  to pay penalties imposed by order of the department division
 2811  under this subsection, the department division may suspend,
 2812  revoke, or refuse to renew the license of the slot machine
 2813  licensee.
 2814         (5) SUBMISSION OF FUNDS.—The department division may
 2815  require slot machine licensees to remit taxes, fees, fines, and
 2816  assessments by electronic funds transfer.
 2817         Section 35. Section 551.114, Florida Statutes, is amended
 2818  to read:
 2819         551.114 Slot machine gaming areas.—
 2820         (1) A slot machine licensee may make available for play up
 2821  to 1,700 2,000 slot machines within the property of the
 2822  facilities of the slot machine licensee.
 2823         (2) The slot machine licensee shall display pari-mutuel
 2824  races or games within the designated slot machine gaming areas
 2825  and offer patrons within the designated slot machine gaming
 2826  areas the ability to engage in pari-mutuel wagering on any live,
 2827  intertrack, and simulcast races conducted or offered to patrons
 2828  of the licensed facility.
 2829         (3) The department division shall require the posting of
 2830  signs warning of the risks and dangers of gambling, showing the
 2831  odds of winning, and informing patrons of the toll-free
 2832  telephone number available to provide information and referral
 2833  services regarding compulsive or problem gambling.
 2834         (4) Designated slot machine gaming areas may be located
 2835  within the current live gaming facility or in an existing
 2836  building that must be contiguous and connected to the live
 2837  gaming facility. If a designated slot machine gaming area is to
 2838  be located in a building that is to be constructed, that new
 2839  building must be contiguous and connected to the live gaming
 2840  facility. For a greyhound racing permitholder, jai alai
 2841  permitholder, harness horse racing permitholder, or quarter
 2842  horse permitholder licensed to conduct pari-mutuel activities
 2843  pursuant to a current year’s operating license that does not
 2844  require live performances or games, designated slot machine
 2845  gaming areas may be located only within the eligible facility
 2846  for which the initial annual slot machine license was issued.
 2847         (5) The permitholder shall provide adequate office space at
 2848  no cost to the department division and the Department of Law
 2849  Enforcement for the oversight of slot machine operations. The
 2850  department division shall adopt rules establishing the criteria
 2851  for adequate space, configuration, and location and needed
 2852  electronic and technological requirements for office space
 2853  required by this subsection.
 2854         Section 36. Section 551.116, Florida Statutes, is amended
 2855  to read:
 2856         551.116 Days and hours of operation.—Slot machine gaming
 2857  areas may be open 24 hours per day, 7 days a week daily
 2858  throughout the year. The slot machine gaming areas may be open a
 2859  cumulative amount of 18 hours per day on Monday through Friday
 2860  and 24 hours per day on Saturday and Sunday and on those
 2861  holidays specified in s. 110.117(1).
 2862         Section 37. Subsections (1) and (3) and paragraph (c) of
 2863  subsection (4) of section 551.121, Florida Statutes, are amended
 2864  to read:
 2865         551.121 Prohibited activities and devices; exceptions.—
 2866         (1) Complimentary or reduced-cost alcoholic beverages may
 2867  not be served to a person persons playing a slot machine.
 2868  Alcoholic beverages served to persons playing a slot machine
 2869  shall cost at least the same amount as alcoholic beverages
 2870  served to the general public at a bar within the facility.
 2871         (3) A slot machine licensee may not allow any automated
 2872  teller machine or similar device designed to provide credit or
 2873  dispense cash to be located within the designated slot machine
 2874  gaming areas of a facility of a slot machine licensee.
 2875         (4)
 2876         (c) Outside the designated slot machine gaming areas, a
 2877  slot machine licensee or operator may accept or cash a check for
 2878  an employee of the facility who is prohibited from wagering on a
 2879  slot machine under s. 551.108(5), a check made directly payable
 2880  to a person licensed by the department division, or a check made
 2881  directly payable to the slot machine licensee or operator from:
 2882         1. A pari-mutuel patron; or
 2883         2. A pari-mutuel facility in this state or in another
 2884  state.
 2885         Section 38. Present subsections (9) through (17) of section
 2886  849.086, Florida Statutes, are redesignated as subsections (10)
 2887  through (18), respectively, a new subsection (9) is added to
 2888  that section, and subsections (1), (2), (4), (5), (6),
 2889  paragraphs (a), (b), (c), and (f) of subsection (7), subsection
 2890  (8), present subsections (10) through (14), paragraph (b) of
 2891  present subsection (15), and present subsections (16) and (17)
 2892  of that section are amended, to read:
 2893         849.086 Cardrooms authorized.—
 2894         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2895  to provide additional entertainment choices for the residents of
 2896  and visitors to the state, promote tourism in the state, and
 2897  provide additional state revenues through the authorization of
 2898  the playing of certain games in the state at facilities known as
 2899  cardrooms which are to be located at licensed pari-mutuel
 2900  facilities. To ensure the public confidence in the integrity of
 2901  authorized cardroom operations, this act is designed to strictly
 2902  regulate the facilities, persons, and procedures related to
 2903  cardroom operations. Furthermore, the Legislature finds that
 2904  authorized games of card and dominoes as herein defined are
 2905  considered to be pari-mutuel style games and not casino gaming
 2906  because the participants play against each other instead of
 2907  against the house.
 2908         (2) DEFINITIONS.—As used in this section:
 2909         (a) “Authorized game” means a game or series of card and
 2910  domino games that of poker or dominoes which are played in
 2911  conformance with this section a nonbanking manner.
 2912         (b) “Banking game” means a game in which the house is a
 2913  participant in the game, taking on players, paying winners, and
 2914  collecting from losers or in which the cardroom establishes a
 2915  bank against which participants play.
 2916         (c) “Cardroom” means a facility where authorized games are
 2917  played for money or anything of value and to which the public is
 2918  invited to participate in such games and charged a fee for
 2919  participation by the operator of such facility. Authorized games
 2920  and cardrooms do not constitute casino gaming operations if
 2921  conducted at an eligible facility.
 2922         (d) “Cardroom management company” means any individual not
 2923  an employee of the cardroom operator, any proprietorship,
 2924  partnership, corporation, or other entity that enters into an
 2925  agreement with a cardroom operator to manage, operate, or
 2926  otherwise control the daily operation of a cardroom.
 2927         (e) “Cardroom distributor” means any business that
 2928  distributes cardroom paraphernalia such as card tables, betting
 2929  chips, chip holders, dominoes, dominoes tables, drop boxes,
 2930  banking supplies, playing cards, card shufflers, and other
 2931  associated equipment to authorized cardrooms.
 2932         (f) “Cardroom operator” means a licensed pari-mutuel
 2933  permitholder that which holds a valid permit and license issued
 2934  by the department division pursuant to chapter 550 and which
 2935  also holds a valid cardroom license issued by the department
 2936  division pursuant to this section which authorizes such person
 2937  to operate a cardroom and to conduct authorized games in such
 2938  cardroom.
 2939         (g) “Department” “Division” means the Division of Pari
 2940  mutuel Wagering of the Department of Gaming Business and
 2941  Professional Regulation.
 2942         (h)“Designated player” means the player identified as the
 2943  player in the dealer position and seated at a traditional player
 2944  position in a designated player game and who pays winning
 2945  players and collects from losing players.
 2946         (i)“Designated player game” means a game consisting of at
 2947  least three cards in which the players compare their cards only
 2948  to the cards of the designated player.
 2949         (j)(h) “Dominoes” means a game of dominoes typically played
 2950  with a set of 28 flat rectangular blocks, called “bones,” which
 2951  are marked on one side and divided into two equal parts, with
 2952  zero to six dots, called “pips,” in each part. The term also
 2953  includes larger sets of blocks that contain a correspondingly
 2954  higher number of pips. The term also means the set of blocks
 2955  used to play the game.
 2956         (k)(i) “Gross receipts” means the total amount of money
 2957  received by a cardroom from any person for participation in
 2958  authorized games.
 2959         (l)(j) “House” means the cardroom operator and all
 2960  employees of the cardroom operator.
 2961         (m)(k) “Net proceeds” means the total amount of gross
 2962  receipts received by a cardroom operator from cardroom
 2963  operations less direct operating expenses related to cardroom
 2964  operations, including labor costs, admission taxes only if a
 2965  separate admission fee is charged for entry to the cardroom
 2966  facility, gross receipts taxes imposed on cardroom operators by
 2967  this section, the annual cardroom license fees imposed by this
 2968  section on each table operated at a cardroom, and reasonable
 2969  promotional costs excluding officer and director compensation,
 2970  interest on capital debt, legal fees, real estate taxes, bad
 2971  debts, contributions or donations, or overhead and depreciation
 2972  expenses not directly related to the operation of the cardrooms.
 2973         (n)(l) “Rake” means a set fee or percentage of the pot
 2974  assessed by a cardroom operator for providing the services of a
 2975  dealer, table, or location for playing the authorized game.
 2976         (o)(m) “Tournament” means a series of games that have more
 2977  than one betting round involving one or more tables and where
 2978  the winners or others receive a prize or cash award.
 2979         (4) AUTHORITY OF DEPARTMENT DIVISION.—The Division of Pari
 2980  mutuel Wagering of the department of Business and Professional
 2981  Regulation shall administer this section and regulate the
 2982  operation of cardrooms under this section and the rules adopted
 2983  pursuant thereto, and is hereby authorized to:
 2984         (a) Adopt rules, including, but not limited to: the
 2985  issuance of cardroom and employee licenses for cardroom
 2986  operations; the operation of a cardroom and games; recordkeeping
 2987  and reporting requirements; and the collection of all fees and
 2988  taxes imposed by this section.
 2989         (b) Conduct investigations and monitor the operation of
 2990  cardrooms and the playing of authorized games at the cardrooms
 2991  therein.
 2992         (c) Review the books, accounts, and records of any current
 2993  or former cardroom operator.
 2994         (d) Suspend or revoke any license or permit, after hearing,
 2995  for any violation of the provisions of this section or the
 2996  administrative rules adopted pursuant thereto.
 2997         (e) Take testimony, issue summons and subpoenas for any
 2998  witness, and issue subpoenas duces tecum in connection with any
 2999  matter within its jurisdiction.
 3000         (f) Monitor and ensure the proper collection of taxes and
 3001  fees imposed by this section. Permitholder internal controls are
 3002  mandated to ensure no compromise of state funds. To that end, a
 3003  roaming department division auditor will monitor and verify the
 3004  cash flow and accounting of cardroom revenue for any given
 3005  operating day.
 3006         (5) LICENSE REQUIRED; APPLICATION; FEES.—A No person may
 3007  not operate a cardroom in this state unless such person holds a
 3008  valid cardroom license issued pursuant to this section.
 3009         (a) Only those persons holding a valid cardroom license
 3010  issued by the department division may operate a cardroom. A
 3011  cardroom license may only be issued to a licensed pari-mutuel
 3012  permitholder, and an authorized cardroom may only be operated at
 3013  the same facility at which the permitholder is authorized under
 3014  its valid pari-mutuel wagering permit to conduct pari-mutuel
 3015  wagering activities if the permitholder offers live racing or
 3016  games. However, a thoroughbred racing permitholder that holds a
 3017  slot machine license and has entered into an agreement with
 3018  another thoroughbred racing permitholder to conduct its race
 3019  meet at the other thoroughbred racing permitholder’s facility
 3020  may operate a cardroom at the slot facility stated in the
 3021  permitholder’s slot machine license. An initial cardroom license
 3022  shall be issued to a pari-mutuel permitholder only after its
 3023  facilities are in place and after it conducts its first day of
 3024  live racing or games if the permitholder offers live racing or
 3025  games.
 3026         (b) After the initial cardroom license is granted, the
 3027  application for the annual license renewal shall be made in
 3028  conjunction with the applicant’s annual application for its
 3029  pari-mutuel license. If a permitholder has operated a cardroom
 3030  during any of the 3 previous fiscal years and fails to include a
 3031  renewal request for the operation of the cardroom in its annual
 3032  application for license renewal, the permitholder may amend its
 3033  annual application to include operation of the cardroom. In
 3034  order for a cardroom license to be renewed the applicant must
 3035  have requested, as part of its pari-mutuel annual license
 3036  application, to conduct at least 90 percent of the total number
 3037  of live performances conducted by such permitholder during
 3038  either the state fiscal year in which its initial cardroom
 3039  license was issued or the state fiscal year immediately prior
 3040  thereto if the permitholder ran at least a full schedule of live
 3041  racing or games in the prior year. If the application is for a
 3042  harness permitholder cardroom, the applicant must have requested
 3043  authorization to conduct a minimum of 140 live performances
 3044  during the state fiscal year immediately prior thereto. If more
 3045  than one permitholder is operating at a facility, each
 3046  permitholder must have applied for a license to conduct a full
 3047  schedule of live racing.
 3048         (c)A greyhound racing permitholder is exempt from the live
 3049  racing requirements of this subsection if it conducted a full
 3050  schedule of live racing for a period of at least 10 consecutive
 3051  state fiscal years after the 1996-1997 state fiscal year or if
 3052  it converted its permit to a permit to conduct greyhound racing
 3053  after that fiscal year. However, as a condition of cardroom
 3054  licensure, greyhound racing permitholders who are not conducting
 3055  a full schedule of live racing must conduct intertrack wagering
 3056  on thoroughbred signals, to the extent available, on each day of
 3057  cardroom operation.
 3058         (d)(c) Persons seeking a license or a renewal thereof to
 3059  operate a cardroom shall make application on forms prescribed by
 3060  the department division. Applications for cardroom licenses
 3061  shall contain all of the information the department division, by
 3062  rule, may determine is required to ensure eligibility.
 3063         (e)(d) The annual cardroom license fee for each facility
 3064  shall be $1,000 for each table to be operated at the cardroom.
 3065  The license fee shall be deposited by the department division
 3066  with the Chief Financial Officer to the credit of the Pari
 3067  mutuel Wagering Trust Fund.
 3068         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 3069  APPLICATION; FEES.—
 3070         (a) A person employed or otherwise working in a cardroom as
 3071  a cardroom manager, floor supervisor, pit boss, dealer, or any
 3072  other activity related to cardroom operations while the facility
 3073  is conducting card playing or games of dominoes must hold a
 3074  valid cardroom employee occupational license issued by the
 3075  department division. Food service, maintenance, and security
 3076  employees with a current pari-mutuel occupational license and a
 3077  current background check will not be required to have a cardroom
 3078  employee occupational license.
 3079         (b) Any cardroom management company or cardroom distributor
 3080  associated with cardroom operations must hold a valid cardroom
 3081  business occupational license issued by the department division.
 3082         (c) A No licensed cardroom operator may not employ or allow
 3083  to work in a cardroom any person unless such person holds a
 3084  valid occupational license. A No licensed cardroom operator may
 3085  not contract, or otherwise do business with, a business required
 3086  to hold a valid cardroom business occupational license, unless
 3087  the business holds such a valid license.
 3088         (d) The department division shall establish, by rule, a
 3089  schedule for the renewal of cardroom occupational licenses.
 3090  Cardroom occupational licenses are not transferable.
 3091         (e) Persons seeking cardroom occupational licenses, or
 3092  renewal thereof, shall make application on forms prescribed by
 3093  the department division. Applications for cardroom occupational
 3094  licenses shall contain all of the information the department
 3095  division, by rule, may determine is required to ensure
 3096  eligibility.
 3097         (f) The department division shall adopt rules regarding
 3098  cardroom occupational licenses. The provisions specified in s.
 3099  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 3100  shall be applicable to cardroom occupational licenses.
 3101         (g) The department division may deny, declare ineligible,
 3102  or revoke any cardroom occupational license if the applicant or
 3103  holder thereof has been found guilty or had adjudication
 3104  withheld in this state or any other state, or under the laws of
 3105  the United States of a felony or misdemeanor involving forgery,
 3106  larceny, extortion, conspiracy to defraud, or filing false
 3107  reports to a government agency, racing or gaming commission or
 3108  authority.
 3109         (h) Fingerprints for all cardroom occupational license
 3110  applications shall be taken in a manner approved by the
 3111  department division and then shall be submitted to the Florida
 3112  Department of Law Enforcement and the Federal Bureau of
 3113  Investigation for a criminal records check upon initial
 3114  application and at least every 5 years thereafter. The
 3115  department division may by rule require an annual record check
 3116  of all renewal applications for a cardroom occupational license.
 3117  The cost of processing fingerprints and conducting a record
 3118  check shall be borne by the applicant.
 3119         (i) The cardroom employee occupational license fee may
 3120  shall not exceed $50 for any 12-month period. The cardroom
 3121  business occupational license fee may shall not exceed $250 for
 3122  any 12-month period.
 3123         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 3124         (a) A cardroom may be operated only at the location
 3125  specified on the cardroom license issued by the department
 3126  division, and such location may only be the location at which
 3127  the pari-mutuel permitholder is authorized to conduct pari
 3128  mutuel wagering activities pursuant to such permitholder’s valid
 3129  pari-mutuel permit or as otherwise authorized by law. Cardroom
 3130  operations may not be allowed beyond the hours provided in
 3131  paragraph (b) regardless of the number of cardroom licenses
 3132  issued for permitholders operating at the pari-mutuel facility.
 3133         (b) Any cardroom operator may operate a cardroom at the
 3134  pari-mutuel facility daily throughout the year, if the
 3135  permitholder meets the requirements under paragraph (5)(b). The
 3136  cardroom may be open a cumulative amount of 18 hours per day on
 3137  Monday through Friday and 24 hours per day on Saturday and
 3138  Sunday and on the holidays specified in s. 110.117(1).
 3139         (c) For authorized games of poker or dominoes at a
 3140  cardroom, a cardroom operator must at all times employ and
 3141  provide a nonplaying live dealer at for each table on which the
 3142  authorized card games which traditionally use a dealer are
 3143  conducted at the cardroom. Such dealers may not have a
 3144  participatory interest in any game other than the dealing of
 3145  cards and may not have an interest in the outcome of the game.
 3146  The providing of such dealers by a licensee does not constitute
 3147  the conducting of a banking game by the cardroom operator.
 3148         (f) The cardroom facility is subject to inspection by the
 3149  department division or any law enforcement agency during the
 3150  licensee’s regular business hours. The inspection must
 3151  specifically include the permitholder internal control
 3152  procedures approved by the department division.
 3153         (8) METHOD OF WAGERS; LIMITATION.—
 3154         (a) No Wagering may not be conducted using money or other
 3155  negotiable currency. Games may only be played utilizing a
 3156  wagering system whereby all players’ money is first converted by
 3157  the house to tokens or chips that may which shall be used for
 3158  wagering only at that specific cardroom.
 3159         (b) For authorized games of poker or dominoes, the cardroom
 3160  operator may limit the amount wagered in any game or series of
 3161  games.
 3162         (c) A tournament shall consist of a series of games. The
 3163  entry fee for a tournament may be set by the cardroom operator.
 3164  Tournaments may be played only with tournament chips that are
 3165  provided to all participants in exchange for an entry fee and
 3166  any subsequent re-buys. All players must receive an equal number
 3167  of tournament chips for their entry fee. Tournament chips have
 3168  no cash value and represent tournament points only. There is no
 3169  limitation on the number of tournament chips that may be used
 3170  for a bet except as otherwise determined by the cardroom
 3171  operator. Tournament chips may never be redeemed for cash or for
 3172  any other thing of value. The distribution of prizes and cash
 3173  awards must be determined by the cardroom operator before entry
 3174  fees are accepted. For purposes of tournament play only, the
 3175  term “gross receipts” means the total amount received by the
 3176  cardroom operator for all entry fees, player re-buys, and fees
 3177  for participating in the tournament less the total amount paid
 3178  to the winners or others as prizes.
 3179         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 3180         (a)A cardroom operator that does not possess slot machines
 3181  or a slot machine license may offer designated player games
 3182  consisting of players making wagers against another player. The
 3183  maximum wager in such games may not exceed $25.
 3184         (b)The designated player must occupy a playing position at
 3185  the table and may not be required to cover all wagers or cover
 3186  more than 10 times the minimum posted wager for players seated
 3187  during a single game.
 3188         (c)Each seated player shall be afforded the temporary
 3189  opportunity to be the designated player to wager against
 3190  multiple players at the same table, provided that this position
 3191  is rotated among the other seated players in the game. The
 3192  opportunity to be a designated player must be offered to each
 3193  player, in a clockwise rotation, after each hand. The
 3194  opportunity to be the designated player may be declined by a
 3195  player. A player participating as a designated player for 30
 3196  consecutive hands must subsequently play as a nondesignated
 3197  player for at least 2 hands before he or she may resume as the
 3198  designated player.
 3199         (d)The cardroom operator may not serve as a designated
 3200  player in any game. The cardroom operator may not have any
 3201  direct or indirect financial or pecuniary interest in a
 3202  designated player in any game.
 3203         (e)A designated player may only wager personal funds or
 3204  funds from a sole proprietorship. A designated player may not be
 3205  directly or indirectly financed or controlled by another party.
 3206  A designated player shall operate independently.
 3207         (f)Designated player games offered by a cardroom operator
 3208  may not make up more than 25 percent of the total authorized
 3209  game tables at the cardroom.
 3210         (g)Licensed pari-mutuel facilities that offer slot machine
 3211  gaming or video race terminals may not offer designated player
 3212  games.
 3213         (h)The department may only approve cardroom operators to
 3214  conduct designated player games only if such games would not
 3215  trigger a reduction in revenue-sharing payments under the Gaming
 3216  Compact between the Seminole Tribe of Florida and the State of
 3217  Florida.
 3218         (11)(10) FEE FOR PARTICIPATION.—The cardroom operator may
 3219  charge a fee for the right to participate in poker or dominoes
 3220  games conducted at the cardroom. Such fee may be either a flat
 3221  fee or hourly rate for the use of a seat at a table or a rake
 3222  subject to the posted maximum amount but may not be based on the
 3223  amount won by players. The rake-off, if any, must be made in an
 3224  obvious manner and placed in a designated rake area which is
 3225  clearly visible to all players. Notice of the amount of the
 3226  participation fee charged shall be posted in a conspicuous place
 3227  in the cardroom and at each table at all times.
 3228         (12)(11) RECORDS AND REPORTS.—
 3229         (a) Each licensee operating a cardroom shall keep and
 3230  maintain permanent daily records of its cardroom operation and
 3231  shall maintain such records for a period of not less than 3
 3232  years. These records shall include all financial transactions
 3233  and contain sufficient detail to determine compliance with the
 3234  requirements of this section. All records shall be available for
 3235  audit and inspection by the department division or other law
 3236  enforcement agencies during the licensee’s regular business
 3237  hours. The information required in such records shall be
 3238  determined by department division rule.
 3239         (b) Each licensee operating a cardroom shall file with the
 3240  department division a report containing the required records of
 3241  such cardroom operation. Such report shall be filed monthly by
 3242  licensees. The required reports shall be submitted on forms
 3243  prescribed by the department division and shall be due at the
 3244  same time as the monthly pari-mutuel reports are due to the
 3245  department. division, and Such reports shall contain any
 3246  additional information deemed necessary by the department
 3247  division, and the reports shall be deemed public records once
 3248  filed.
 3249         (13)(12) PROHIBITED ACTIVITIES.—
 3250         (a) A No person licensed to operate a cardroom may not
 3251  conduct any banking game or any game not specifically authorized
 3252  by this section.
 3253         (b) A No person under 18 years of age may not be allowed
 3254  permitted to hold a cardroom or employee license, or to engage
 3255  in any game conducted in the cardroom therein.
 3256         (c) With the exception of mechanical card shufflers, No
 3257  electronic or mechanical devices, except mechanical card
 3258  shufflers, may not be used to conduct any authorized game in a
 3259  cardroom.
 3260         (d) No Cards, game components, or game implements may not
 3261  be used in playing an authorized game unless such have has been
 3262  furnished or provided to the players by the cardroom operator.
 3263         (14)(13) TAXES AND OTHER PAYMENTS.—
 3264         (a) Each cardroom operator shall pay a tax to the state of
 3265  10 percent of the cardroom operation’s monthly gross receipts.
 3266         (b) An admission tax equal to 15 percent of the admission
 3267  charge for entrance to the licensee’s cardroom facility, or 10
 3268  cents, whichever is greater, is imposed on each person entering
 3269  the cardroom. This admission tax applies shall apply only if a
 3270  separate admission fee is charged for entry to the cardroom
 3271  facility. If a single admission fee is charged which authorizes
 3272  entry to both or either the pari-mutuel facility and the
 3273  cardroom facility, the admission tax shall be payable only once
 3274  and shall be payable pursuant to chapter 550. The cardroom
 3275  licensee is shall be responsible for collecting the admission
 3276  tax. An admission tax is imposed on any free passes or
 3277  complimentary cards issued to guests by licensees in an amount
 3278  equal to the tax imposed on the regular and usual admission
 3279  charge for entrance to the licensee’s cardroom facility. A
 3280  cardroom licensee may issue tax-free passes to its officers,
 3281  officials, and employees or other persons actually engaged in
 3282  working at the cardroom, including accredited press
 3283  representatives such as reporters and editors, and may also
 3284  issue tax-free passes to other cardroom licensees for the use of
 3285  their officers and officials. The licensee shall file with the
 3286  department division a list of all persons to whom tax-free
 3287  passes are issued.
 3288         (c) Payment of the admission tax and gross receipts tax
 3289  imposed by this section shall be made paid to the department
 3290  division. The department division shall deposit these sums with
 3291  the Chief Financial Officer, one-half being credited to the
 3292  Pari-mutuel Wagering Trust Fund and one-half being credited to
 3293  the General Revenue Fund. The cardroom licensee shall remit to
 3294  the department division payment for the admission tax, the gross
 3295  receipts tax, and the licensee fees. Such payments shall be
 3296  remitted to the department division on the fifth day of each
 3297  calendar month for taxes and fees imposed for the preceding
 3298  month’s cardroom activities. Licensees shall file a report under
 3299  oath by the fifth day of each calendar month for all taxes
 3300  remitted during the preceding calendar month. Such report shall,
 3301  under oath, indicate the total of all admissions, the cardroom
 3302  activities for the preceding calendar month, and such other
 3303  information as may be prescribed by the department division.
 3304         (d)1. Each greyhound racing permitholder conducting live
 3305  racing and jai alai permitholder that operates a cardroom
 3306  facility shall use at least 4 percent of such permitholder’s
 3307  cardroom monthly gross receipts to supplement greyhound purses
 3308  or jai alai prize money, respectively, during the permitholder’s
 3309  current or next ensuing pari-mutuel meet.
 3310         2. Each thoroughbred and harness horse racing permitholder
 3311  that operates a cardroom facility shall use at least 50 percent
 3312  of such permitholder’s cardroom monthly net proceeds as follows:
 3313  47 percent to supplement purses and 3 percent to supplement
 3314  breeders’ awards during the permitholder’s next ensuing racing
 3315  meet.
 3316         3. Each harness horse racing permitholder that operates a
 3317  cardroom facility shall use at least 50 percent of such
 3318  permitholder’s cardroom monthly net proceeds as follows: 47
 3319  percent to supplement purses and 3 percent to supplement
 3320  breeders’ awards during the permitholder’s next ensuing racing
 3321  meet if the permitholder offers live races or games.
 3322         4.3. No cardroom license or renewal thereof shall be issued
 3323  to an applicant holding a permit under chapter 550 to conduct
 3324  pari-mutuel wagering meets of quarter horse racing unless the
 3325  applicant has on file with the department division a binding
 3326  written agreement between the applicant and the Florida Quarter
 3327  Horse Racing Association or the association representing a
 3328  majority of the horse owners and trainers at the applicant’s
 3329  eligible facility, governing the payment of purses on live
 3330  quarter horse races conducted at the licensee’s pari-mutuel
 3331  facility. The agreement governing purses may direct the payment
 3332  of such purses from revenues generated by any wagering or gaming
 3333  the applicant is authorized to conduct under Florida law. All
 3334  purses shall be subject to the terms of chapter 550.
 3335         (e) The failure of any licensee to make payments as
 3336  prescribed in paragraph (c) is a violation of this section, and
 3337  the licensee may be subjected by the department division to a
 3338  civil penalty of up to $1,000 for each day the tax payment is
 3339  not remitted. All penalties imposed and collected shall be
 3340  deposited in the General Revenue Fund. If a licensee fails to
 3341  pay penalties imposed by order of the department division under
 3342  this subsection, the department division may suspend or revoke
 3343  the license of the cardroom operator or deny issuance of any
 3344  further license to the cardroom operator.
 3345         (f) The cardroom shall be deemed an accessory use to a
 3346  licensed pari-mutuel operation and, except as provided in
 3347  chapter 550, a municipality, county, or political subdivision
 3348  may not assess or collect any additional license tax, sales tax,
 3349  or excise tax on such cardroom operation.
 3350         (g) All of the moneys deposited in the Pari-mutuel Wagering
 3351  Trust Fund, except as set forth in paragraph (h), shall be
 3352  utilized and distributed in the manner specified in s.
 3353  550.135(1) and (2). However, cardroom tax revenues shall be kept
 3354  separate from pari-mutuel tax revenues and may shall not be used
 3355  for making the disbursement to counties provided in former s.
 3356  550.135(1).
 3357         (h) One-quarter of the moneys deposited into the Pari
 3358  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 3359  October 1 of each year, be distributed to the local government
 3360  that approved the cardroom under subsection (17) (16); however,
 3361  if two or more pari-mutuel racetracks are located within the
 3362  same incorporated municipality, the cardroom funds shall be
 3363  distributed to the municipality. If a pari-mutuel facility is
 3364  situated in such a manner that it is located in more than one
 3365  county, the site of the cardroom facility shall determine the
 3366  location for purposes of disbursement of tax revenues under this
 3367  paragraph. The department division shall, by September 1 of each
 3368  year, determine: the amount of taxes deposited into the Pari
 3369  mutuel Wagering Trust Fund pursuant to this section from each
 3370  cardroom licensee; the location by county of each cardroom;
 3371  whether the cardroom is located in the unincorporated area of
 3372  the county or within an incorporated municipality; and, the
 3373  total amount to be distributed to each eligible county and
 3374  municipality.
 3375         (15)(14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE;
 3376  FINE.—
 3377         (a) The department division may deny a license or the
 3378  renewal thereof, or may suspend or revoke any license, when the
 3379  applicant has: violated or failed to comply with the provisions
 3380  of this section or any rules adopted pursuant thereto; knowingly
 3381  caused, aided, abetted, or conspired with another to cause any
 3382  person to violate this section or any rules adopted pursuant
 3383  thereto; or obtained a license or permit by fraud,
 3384  misrepresentation, or concealment; or if the holder of such
 3385  license or permit is no longer eligible under this section.
 3386         (b) If a pari-mutuel permitholder’s pari-mutuel permit or
 3387  license is suspended or revoked by the department division
 3388  pursuant to chapter 550, the department division may, but is not
 3389  required to, suspend or revoke such permitholder’s cardroom
 3390  license. If a cardroom operator’s license is suspended or
 3391  revoked pursuant to this section, the department division may,
 3392  but is not required to, suspend or revoke such licensee’s pari
 3393  mutuel permit or license.
 3394         (c) Notwithstanding any other provision of this section,
 3395  the department division may impose an administrative fine not to
 3396  exceed $1,000 for each violation against any person who has
 3397  violated or failed to comply with the provisions of this section
 3398  or any rules adopted pursuant thereto.
 3399         (16)(15) CRIMINAL PENALTY; INJUNCTION.—
 3400         (b) The department division, any state attorney, the
 3401  statewide prosecutor, or the Attorney General may apply for a
 3402  temporary or permanent injunction restraining further violation
 3403  of this section, and such injunction shall issue without bond.
 3404         (17)(16) LOCAL GOVERNMENT APPROVAL.—The department may
 3405  Division of Pari-mutuel Wagering shall not issue any initial
 3406  license under this section except upon proof in such form as the
 3407  department division may prescribe that the local government
 3408  where the applicant for such license desires to conduct cardroom
 3409  gaming has voted to approve such activity by a majority vote of
 3410  the governing body of the municipality or the governing body of
 3411  the county if the facility is not located in a municipality.
 3412         (18)(17) CHANGE OF LOCATION; REFERENDUM.—
 3413         (a) Notwithstanding any provisions of this section, a no
 3414  cardroom gaming license issued under this section may not shall
 3415  be transferred, or reissued when such reissuance is in the
 3416  nature of a transfer, so as to permit or authorize a licensee to
 3417  change the location of the cardroom except upon proof in such
 3418  form as the division may prescribe that a referendum election
 3419  has been held:
 3420         1. If the proposed new location is within the same county
 3421  as the already licensed location, in the county where the
 3422  licensee desires to conduct cardroom gaming and that a majority
 3423  of the electors voting on the question in such election voted in
 3424  favor of the transfer of such license. However, the division
 3425  shall transfer, without requirement of a referendum election,
 3426  the cardroom license of any permitholder that relocated its
 3427  permit pursuant to s. 550.0555.
 3428         2. If the proposed new location is not within the same
 3429  county as the already licensed location, in the county where the
 3430  licensee desires to conduct cardroom gaming and that a majority
 3431  of the electors voting on that question in each such election
 3432  voted in favor of the transfer of such license.
 3433         (b) The expense of each referendum held under the
 3434  provisions of this subsection shall be borne by the licensee
 3435  requesting the transfer.
 3436         Section 39. The Department of Gaming shall revoke any
 3437  permit to conduct pari-mutuel wagering if a permitholder has not
 3438  conducted live events within the 24 months preceding the
 3439  effective date of this act, unless the permit was issued under
 3440  s. 550.3345, Florida Statutes. A permit revoked under this
 3441  section may not be reissued.
 3442         Section 40. Paragraph (f) of subsection (1) and subsection
 3443  (7) of section 285.710, Florida Statutes, are amended to read:
 3444         285.710 Compact authorization.—
 3445         (1) As used in this section, the term:
 3446         (f) “State compliance agency” means the Division of Pari
 3447  mutuel Wagering of the Department of Gaming, Business and
 3448  Professional Regulation which is designated as the state agency
 3449  having the authority to carry out the state’s oversight
 3450  responsibilities under the compact.
 3451         (7) The Division of Pari-mutuel Wagering of the Department
 3452  of Gaming Business and Professional Regulation is designated as
 3453  the state compliance agency having the authority to carry out
 3454  the state’s oversight responsibilities under the compact
 3455  authorized by this section.
 3456         Section 41. Section 550.0115, Florida Statutes, is amended
 3457  to read:
 3458         550.0115 Permitholder license.—After a permit has been
 3459  issued by the department division, and after the permit has been
 3460  approved by election, the department division shall issue to the
 3461  permitholder an annual license to conduct pari-mutuel operations
 3462  at the location specified in the permit pursuant to the
 3463  provisions of this chapter.
 3464         Section 42. Section 550.0235, Florida Statutes, is amended
 3465  to read:
 3466         550.0235 Limitation of civil liability.—A No permittee
 3467  conducting a racing meet pursuant to the provisions of this
 3468  chapter; a department no division director or an employee of the
 3469  department division; or a and no steward, a judge, or another
 3470  other person appointed to act pursuant to this chapter is not
 3471  shall be held liable to any person, partnership, association,
 3472  corporation, or other business entity for any cause whatsoever
 3473  arising out of, or from, the performance by such permittee,
 3474  director, employee, steward, judge, or other person of her or
 3475  his duties and the exercise of her or his discretion with
 3476  respect to the implementation and enforcement of the statutes
 3477  and rules governing the conduct of pari-mutuel wagering, so long
 3478  as she or he acted in good faith. This section does shall not
 3479  limit liability in any situation in which the negligent
 3480  maintenance of the premises or the negligent conduct of a race
 3481  contributed to an accident and does not; nor shall it limit any
 3482  contractual liability.
 3483         Section 43. Section 550.0351, Florida Statutes, is amended
 3484  to read:
 3485         550.0351 Charity racing days.—
 3486         (1) The department division shall, upon the request of a
 3487  permitholder, authorize each horseracing permitholder, dogracing
 3488  permitholder, and jai alai permitholder up to five charity or
 3489  scholarship days in addition to the regular racing days
 3490  authorized by law.
 3491         (2) The proceeds of charity performances shall be paid to
 3492  qualified beneficiaries selected by the permitholders from an
 3493  authorized list of charities on file with the department
 3494  division. Eligible charities include any charity that provides
 3495  evidence of compliance with the provisions of chapter 496 and
 3496  evidence of possession of a valid exemption from federal
 3497  taxation issued by the Internal Revenue Service. In addition,
 3498  the authorized list must include the Racing Scholarship Trust
 3499  Fund, the Historical Resources Operating Trust Fund, major state
 3500  and private institutions of higher learning, and Florida
 3501  community colleges.
 3502         (3) The permitholder shall, within 120 days after the
 3503  conclusion of its fiscal year, pay to the authorized charities
 3504  the total of all profits derived from the operation of the
 3505  charity day performances conducted. If charity days are operated
 3506  on behalf of another permitholder pursuant to law, the
 3507  permitholder entitled to distribute the proceeds shall
 3508  distribute the proceeds to charity within 30 days after the
 3509  actual receipt of the proceeds.
 3510         (4) The total of all profits derived from the conduct of a
 3511  charity day performance must include all revenues derived from
 3512  the conduct of that racing performance, including all state
 3513  taxes that would otherwise be due to the state, except that the
 3514  daily license fee as provided in s. 550.0951(1) and the breaks
 3515  for the promotional trust funds as provided in s. 550.2625(3),
 3516  (4), (5), (7), and (8) shall be paid to the department division.
 3517  All other revenues from the charity racing performance,
 3518  including the commissions, breaks, and admissions and the
 3519  revenues from parking, programs, and concessions, shall be
 3520  included in the total of all profits.
 3521         (5) In determining profit, the permitholder may elect to
 3522  distribute as proceeds only the amount equal to the state tax
 3523  that would otherwise be paid to the state if the charity day
 3524  were conducted as a regular or matinee performance.
 3525         (6)(a) The department division shall authorize one
 3526  additional scholarship day for horseracing in addition to the
 3527  regular racing days authorized by law and any additional days
 3528  authorized by this section, to be conducted at all horse
 3529  racetracks located in Hillsborough County. The permitholder
 3530  shall conduct a full schedule of racing on the scholarship day.
 3531         (b) The funds derived from the operation of the additional
 3532  scholarship day shall be allocated as provided in this section
 3533  and paid to Pasco-Hernando Community College.
 3534         (c) When a charity or scholarship performance is conducted
 3535  as a matinee performance, the department division may authorize
 3536  the permitholder to conduct the evening performances of that
 3537  operation day as a regular performance in addition to the
 3538  regular operating days authorized by law.
 3539         (7) In addition to the charity days authorized by this
 3540  section, any dogracing permitholder may allow its facility to be
 3541  used for conducting “hound dog derbies” or “mutt derbies” on any
 3542  day during each racing season by any charitable, civic, or
 3543  nonprofit organization for the purpose of conducting “hound dog
 3544  derbies” or “mutt derbies” if only dogs other than those usually
 3545  used in dogracing (greyhounds) are permitted to race and if
 3546  adults and minors are allowed to participate as dog owners or
 3547  spectators. During these racing events, betting, gambling, and
 3548  the sale or use of alcoholic beverages is prohibited.
 3549         (8) In addition to the eligible charities that meet the
 3550  criteria set forth in this section, a jai alai permitholder is
 3551  authorized to conduct two additional charity performances each
 3552  fiscal year for a fund to benefit retired jai alai players. This
 3553  performance shall be known as the “Retired Jai Alai Players
 3554  Charity Day.” The administration of this fund shall be
 3555  determined by rule by the department division.
 3556         Section 44. Section 550.0651, Florida Statutes, is amended
 3557  to read:
 3558         550.0651 Elections for ratification of permits.—
 3559         (1) The holder of any permit may have submitted to the
 3560  electors of the county designated therein the question whether
 3561  or not such permit will be ratified or rejected. Such questions
 3562  shall be submitted to the electors for approval or rejection at
 3563  a special election to be called for that purpose only. The board
 3564  of county commissioners of the county designated, upon the
 3565  presentation to such board at a regular or special meeting of a
 3566  written application, accompanied by a certified copy of the
 3567  permit granted by the department division, and asking for an
 3568  election in the county in which the application was made, shall
 3569  order a special election in the county for the particular
 3570  purpose of deciding whether such permit shall be approved and
 3571  license issued and race meetings permitted in such county by
 3572  such permittee and shall cause the clerk of such board to give
 3573  notice of the special election by publishing the same once each
 3574  week for 2 consecutive weeks in one or more newspapers of
 3575  general circulation in the county. Each permit covering each
 3576  track must be voted upon separately and in separate elections,
 3577  and an election may not be called more often than once every 2
 3578  years for the ratification of any permit covering the same
 3579  track.
 3580         (2) All elections ordered under this chapter must be held
 3581  within 90 days and not less than 21 days after the time of
 3582  presenting such application to the board of county
 3583  commissioners, and the inspectors of election shall be appointed
 3584  and qualified as in cases of general elections, and they shall
 3585  count the votes cast and make due returns of same to the board
 3586  of county commissioners without delay. The board of county
 3587  commissioners shall canvass the returns, declare the results,
 3588  and cause the same to be recorded as provided in the general law
 3589  concerning elections so far as applicable.
 3590         (3) When a permit has been granted by the department
 3591  division and no application to the board of county commissioners
 3592  has been made by the permittee within 6 months after the
 3593  granting of the permit, the permit becomes void. The department
 3594  division shall cancel the permit without notice to the
 3595  permitholder, and the board of county commissioners holding the
 3596  deposit for the election shall refund the deposit to the
 3597  permitholder upon being notified by the department division that
 3598  the permit has become void and has been canceled.
 3599         (4) All electors duly registered and qualified to vote at
 3600  the last preceding general election held in such county are
 3601  qualified electors for such election, and in addition thereto
 3602  the registration books for such county shall be opened on the
 3603  10th day (if the 10th day is a Sunday or a holiday, then on the
 3604  next day not a Sunday or holiday) after such election is ordered
 3605  and called and must remain open for a period of 10 days for
 3606  additional registrations of persons qualified for registration
 3607  but not already registered. Electors for such special election
 3608  have the same qualifications for and prerequisites to voting in
 3609  elections as under the general election laws.
 3610         (5) If at any such special election the majority of the
 3611  electors voting on the question of ratification or rejection of
 3612  any permit vote against such ratification, such permit is void.
 3613  If a majority of the electors voting on the question of
 3614  ratification or rejection of any permit vote for such
 3615  ratification, such permit becomes effectual and the holder
 3616  thereof may conduct racing upon complying with the other
 3617  provisions of this chapter. The board of county commissioners
 3618  shall immediately certify the results of the election to the
 3619  department division.
 3620         Section 45. Section 550.105, Florida Statutes, is amended
 3621  to read:
 3622         550.105 Occupational licenses of racetrack employees; fees;
 3623  denial, suspension, and revocation of license; penalties and
 3624  fines.—
 3625         (1) Each person connected with a racetrack or jai alai
 3626  fronton, as specified in paragraph (2)(a), shall purchase from
 3627  the department division an occupational license. All moneys
 3628  collected pursuant to this section each fiscal year shall be
 3629  deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to
 3630  the rules adopted by the department division, an occupational
 3631  license may be valid for a period of up to 3 years for a fee
 3632  that does not exceed the full occupational license fee for each
 3633  of the years for which the license is purchased. The
 3634  occupational license shall be valid during its specified term at
 3635  any pari-mutuel facility.
 3636         (2)(a) The following licenses shall be issued to persons or
 3637  entities with access to the backside, racing animals, jai alai
 3638  players’ room, jockeys’ room, drivers’ room, totalisator room,
 3639  the mutuels, or money room, or to persons who, by virtue of the
 3640  position they hold, might be granted access to these areas or to
 3641  any other person or entity in one of the following categories
 3642  and with fees not to exceed the following amounts for any 12
 3643  month period:
 3644         1. Business licenses: any business such as a vendor,
 3645  contractual concessionaire, contract kennel, business owning
 3646  racing animals, trust or estate, totalisator company, stable
 3647  name, or other fictitious name: $50.
 3648         2. Professional occupational licenses: professional persons
 3649  with access to the backside of a racetrack or players’ quarters
 3650  in jai alai such as trainers, officials, veterinarians, doctors,
 3651  nurses, emergency medical technicians EMT’s, jockeys and
 3652  apprentices, drivers, jai alai players, owners, trustees, or any
 3653  management or officer or director or shareholder or any other
 3654  professional-level person who might have access to the jockeys’
 3655  room, the drivers’ room, the backside, racing animals, kennel
 3656  compound, or managers or supervisors requiring access to mutuels
 3657  machines, the money room, or totalisator equipment: $40.
 3658         3. General occupational licenses: general employees with
 3659  access to the jockeys’ room, the drivers’ room, racing animals,
 3660  the backside of a racetrack or players’ quarters in jai alai,
 3661  such as grooms, kennel helpers, leadouts, pelota makers, cesta
 3662  makers, or ball boys, or a practitioner of any other occupation
 3663  who would have access to the animals, the backside, or the
 3664  kennel compound, or who would provide the security or
 3665  maintenance of these areas, or mutuel employees, totalisator
 3666  employees, money-room employees, or any employee with access to
 3667  mutuels machines, the money room, or totalisator equipment or
 3668  who would provide the security or maintenance of these areas:
 3669  $10.
 3670  
 3671  The individuals and entities that are licensed under this
 3672  paragraph require heightened state scrutiny, including the
 3673  submission by the individual licensees or persons associated
 3674  with the entities described in this chapter of fingerprints for
 3675  a Federal Bureau of Investigation criminal records check.
 3676         (b) The department division shall adopt rules pertaining to
 3677  pari-mutuel occupational licenses, licensing periods, and
 3678  renewal cycles.
 3679         (3) Certified public accountants and attorneys licensed to
 3680  practice in this state are shall not be required to hold an
 3681  occupational license under this section while providing
 3682  accounting or legal services to a permitholder if the certified
 3683  public accountant’s or attorney’s primary place of employment is
 3684  not on the permitholder premises.
 3685         (4) It is unlawful to take part in or officiate in any way
 3686  at any pari-mutuel facility without first having secured a
 3687  license and paid the occupational license fee.
 3688         (5)(a) The department division may:
 3689         1. Deny a license to or revoke, suspend, or place
 3690  conditions upon or restrictions on a license of any person who
 3691  has been refused a license by any other state racing commission
 3692  or racing authority;
 3693         2. Deny, suspend, or place conditions on a license of any
 3694  person who is under suspension or has unpaid fines in another
 3695  jurisdiction;
 3696  
 3697  if the state racing commission or racing authority of such other
 3698  state or jurisdiction extends to the department division
 3699  reciprocal courtesy to maintain the disciplinary control.
 3700         (b) The department division may deny, suspend, revoke, or
 3701  declare ineligible any occupational license if the applicant for
 3702  or holder thereof has violated the provisions of this chapter or
 3703  the rules of the department division governing the conduct of
 3704  persons connected with racetracks and frontons. In addition, the
 3705  department division may deny, suspend, revoke, or declare
 3706  ineligible any occupational license if the applicant for such
 3707  license has been convicted in this state, in any other state, or
 3708  under the laws of the United States of a capital felony, a
 3709  felony, or an offense in any other state which would be a felony
 3710  under the laws of this state involving arson; trafficking in,
 3711  conspiracy to traffic in, smuggling, importing, conspiracy to
 3712  smuggle or import, or delivery, sale, or distribution of a
 3713  controlled substance; or a crime involving a lack of good moral
 3714  character, or has had a pari-mutuel license revoked by this
 3715  state or any other jurisdiction for an offense related to pari
 3716  mutuel wagering.
 3717         (c) The department division may deny, declare ineligible,
 3718  or revoke any occupational license if the applicant for such
 3719  license has been convicted of a felony or misdemeanor in this
 3720  state, in any other state, or under the laws of the United
 3721  States, if such felony or misdemeanor is related to gambling or
 3722  bookmaking, as contemplated in s. 849.25, or involves cruelty to
 3723  animals. If the applicant establishes that she or he is of good
 3724  moral character, that she or he has been rehabilitated, and that
 3725  the crime she or he was convicted of is not related to pari
 3726  mutuel wagering and is not a capital offense, the restrictions
 3727  excluding offenders may be waived by the executive director of
 3728  the department division.
 3729         (d) For purposes of this subsection, the term “convicted”
 3730  means having been found guilty, with or without adjudication of
 3731  guilt, as a result of a jury verdict, nonjury trial, or entry of
 3732  a plea of guilty or nolo contendere. However, the term
 3733  “conviction” may shall not be applied to a crime committed prior
 3734  to the effective date of this subsection in a manner that would
 3735  invalidate any occupational license issued prior to the
 3736  effective date of this subsection or subsequent renewal for any
 3737  person holding such a license.
 3738         (e) If an occupational license will expire by department
 3739  division rule during the period of a suspension the department
 3740  division intends to impose, or if a license would have expired
 3741  but for pending administrative charges and the occupational
 3742  licensee is found to be in violation of any of the charges, the
 3743  license may be revoked and a time period of license
 3744  ineligibility may be declared. The department division may bring
 3745  administrative charges against any person not holding a current
 3746  license for violations of statutes or rules which occurred while
 3747  such person held an occupational license, and the department
 3748  division may declare such person ineligible to hold a license
 3749  for a period of time. The department division may impose a civil
 3750  fine of up to $1,000 for each violation of the rules of the
 3751  department division in addition to or in lieu of any other
 3752  penalty provided for in this section. In addition to any other
 3753  penalty provided by law, the department division may exclude
 3754  from all pari-mutuel facilities in this state, for a period not
 3755  to exceed the period of suspension, revocation, or
 3756  ineligibility, any person whose occupational license application
 3757  has been denied by the department division, who has been
 3758  declared ineligible to hold an occupational license, or whose
 3759  occupational license has been suspended or revoked by the
 3760  department division.
 3761         (f) The department division may cancel any occupational
 3762  license that has been voluntarily relinquished by the licensee.
 3763         (6) In order to promote the orderly presentation of pari
 3764  mutuel meets authorized in this chapter, the department division
 3765  may issue a temporary occupational license. The department
 3766  division shall adopt rules to implement this subsection.
 3767  However, no temporary occupational license shall be valid for
 3768  more than 90 days, and no more than one temporary license may be
 3769  issued for any person in any year.
 3770         (7) The department division may deny, revoke, or suspend
 3771  any occupational license if the applicant therefor or holder
 3772  thereof accumulates unpaid obligations or defaults in
 3773  obligations, or issues drafts or checks that are dishonored or
 3774  for which payment is refused without reasonable cause, if such
 3775  unpaid obligations, defaults, or dishonored or refused drafts or
 3776  checks directly relate to the sport of jai alai or racing being
 3777  conducted at a pari-mutuel facility within this state.
 3778         (8) The department division may fine, or suspend or revoke,
 3779  or place conditions upon, the license of any licensee who under
 3780  oath knowingly provides false information regarding an
 3781  investigation by the department division.
 3782         (9) The tax imposed by this section is in lieu of all
 3783  license, excise, or occupational taxes to the state or any
 3784  county, municipality, or other political subdivision, except
 3785  that, if a race meeting or game is held or conducted in a
 3786  municipality, the municipality may assess and collect an
 3787  additional tax against any person conducting live racing or
 3788  games within its corporate limits, which tax may not exceed $150
 3789  per day for horseracing or $50 per day for dogracing or jai
 3790  alai. Except as provided in this chapter, a municipality may not
 3791  assess or collect any additional excise or revenue tax against
 3792  any person conducting race meetings within the corporate limits
 3793  of the municipality or against any patron of any such person.
 3794         (10)(a) Upon application for an occupational license, the
 3795  department division may require the applicant’s full legal name;
 3796  any nickname, alias, or maiden name for the applicant; name of
 3797  the applicant’s spouse; the applicant’s date of birth, residence
 3798  address, mailing address, residence address and business phone
 3799  number, and social security number; disclosure of any felony or
 3800  any conviction involving bookmaking, illegal gambling, or
 3801  cruelty to animals; disclosure of any past or present
 3802  enforcement or actions by any racing or gaming agency against
 3803  the applicant; and any information the department division
 3804  determines is necessary to establish the identity of the
 3805  applicant or to establish that the applicant is of good moral
 3806  character. Fingerprints shall be taken in a manner approved by
 3807  the department division and then shall be submitted to the
 3808  Federal Bureau of Investigation, or to the association of state
 3809  officials regulating pari-mutuel wagering pursuant to the
 3810  Federal Pari-mutuel Licensing Simplification Act of 1988. The
 3811  cost of processing fingerprints shall be borne by the applicant
 3812  and paid to the association of state officials regulating pari
 3813  mutuel wagering from the trust fund to which the processing fees
 3814  are deposited. The department division, by rule, may require
 3815  additional information from licensees which is reasonably
 3816  necessary to regulate the industry. The department division may,
 3817  by rule, exempt certain occupations or groups of persons from
 3818  the fingerprinting requirements.
 3819         (b) All fingerprints required by this section which that
 3820  are submitted to the Department of Law Enforcement shall be
 3821  retained by the Department of Law Enforcement and entered into
 3822  the statewide automated biometric identification system as
 3823  authorized by s. 943.05(2)(b) and shall be available for all
 3824  purposes and uses authorized for arrest fingerprints entered
 3825  into the statewide automated biometric identification system
 3826  pursuant to s. 943.051.
 3827         (c) The Department of Law Enforcement shall search all
 3828  arrest fingerprints received pursuant to s. 943.051 against the
 3829  fingerprints retained in the statewide automated biometric
 3830  identification system under paragraph (b). Any arrest record
 3831  that is identified with the retained fingerprints of a person
 3832  subject to the criminal history screening requirements of this
 3833  section shall be reported to the department division. Each
 3834  licensee shall pay a fee to the department division for the cost
 3835  of retention of the fingerprints and the ongoing searches under
 3836  this paragraph. The department division shall forward the
 3837  payment to the Department of Law Enforcement. The amount of the
 3838  fee to be imposed for performing these searches and the
 3839  procedures for the retention of licensee fingerprints shall be
 3840  as established by rule of the Department of Law Enforcement. The
 3841  department division shall inform the Department of Law
 3842  Enforcement of any change in the license status of licensees
 3843  whose fingerprints are retained under paragraph (b).
 3844         (d) The department division shall request the Department of
 3845  Law Enforcement to forward the fingerprints to the Federal
 3846  Bureau of Investigation for a national criminal history records
 3847  check at least once every 5 years following issuance of a
 3848  license. If the fingerprints of a person who is licensed have
 3849  not been retained by the Department of Law Enforcement, the
 3850  person must file a complete set of fingerprints as provided in
 3851  paragraph (a). The department division shall collect the fees
 3852  for the cost of the national criminal history records check
 3853  under this paragraph and forward the payment to the Department
 3854  of Law Enforcement. The cost of processing fingerprints and
 3855  conducting a criminal history records check under this paragraph
 3856  for a general occupational license shall be borne by the
 3857  applicant. The cost of processing fingerprints and conducting a
 3858  criminal history records check under this paragraph for a
 3859  business or professional occupational license shall be borne by
 3860  the person being checked. The Department of Law Enforcement may
 3861  send an invoice to the department division for the fingerprints
 3862  submitted each month. Under penalty of perjury, each person who
 3863  is licensed or who is fingerprinted as required by this section
 3864  must agree to inform the department division within 48 hours if
 3865  he or she is convicted of or has entered a plea of guilty or
 3866  nolo contendere to any disqualifying offense, regardless of
 3867  adjudication.
 3868         Section 46. Subsection (1) of section 550.1155, Florida
 3869  Statutes, is amended to read:
 3870         550.1155 Authority of stewards, judges, panel of judges, or
 3871  player’s manager to impose penalties against occupational
 3872  licensees; disposition of funds collected.—
 3873         (1) The stewards at a horse racetrack; the judges at a dog
 3874  track; or the judges, a panel of judges, or a player’s manager
 3875  at a jai alai fronton may impose a civil penalty against any
 3876  occupational licensee for violation of the pari-mutuel laws or
 3877  any rule adopted by the department division. The penalty may not
 3878  exceed $1,000 for each count or separate offense or exceed 60
 3879  days of suspension for each count or separate offense.
 3880         Section 47. Subsections (2) and (3) of section 550.125,
 3881  Florida Statutes, are amended to read:
 3882         550.125 Uniform reporting system; bond requirement.—
 3883         (2)(a) Each permitholder that conducts race meetings or jai
 3884  alai exhibitions under this chapter shall keep records that
 3885  clearly show the total number of admissions and the total amount
 3886  of money contributed to each pari-mutuel pool on each race or
 3887  exhibition separately and the amount of money received daily
 3888  from admission fees and, within 120 days after the end of its
 3889  fiscal year, shall submit to the department division a complete
 3890  annual report of its accounts, audited by a certified public
 3891  accountant licensed to practice in the state.
 3892         (b) The department division shall adopt rules specifying
 3893  the form and content of such reports, including, but not limited
 3894  to, requirements for a statement of assets and liabilities,
 3895  operating revenues and expenses, and net worth, which statement
 3896  must be audited by a certified public accountant licensed to
 3897  practice in this state, and any supporting informational
 3898  schedule found necessary by the department division to verify
 3899  the foregoing financial statement, which informational schedule
 3900  must be attested to under oath by the permitholder or an officer
 3901  of record, to permit the department division to:
 3902         1. Assess the profitability and financial soundness of
 3903  permitholders, both individually and as an industry;
 3904         2. Plan and recommend measures necessary to preserve and
 3905  protect the pari-mutuel revenues of the state; and
 3906         3. Completely identify the holdings, transactions, and
 3907  investments of permitholders with other business entities.
 3908         (c) The Auditor General and the Office of Program Policy
 3909  Analysis and Government Accountability may, pursuant to their
 3910  own authority or at the direction of the Legislative Auditing
 3911  Committee, audit, examine, and check the books and records of
 3912  any permitholder. These audit reports shall become part of, and
 3913  be maintained in, the department division files.
 3914         (d) The department division shall annually review the books
 3915  and records of each permitholder and verify that the breaks and
 3916  unclaimed ticket payments made by each permitholder are true and
 3917  correct.
 3918         (3)(a) Each permitholder to which a license is granted
 3919  under this chapter, at its own cost and expense, must, before
 3920  the license is delivered, give a bond in the penal sum of
 3921  $50,000 payable to the Governor of the state and her or his
 3922  successors in office, with a surety or sureties to be approved
 3923  by the department division and the Chief Financial Officer,
 3924  conditioned to faithfully make the payments to the Chief
 3925  Financial Officer in her or his capacity as treasurer of the
 3926  department division; to keep its books and records and make
 3927  reports as provided; and to conduct its racing in conformity
 3928  with this chapter. When the greatest amount of tax owed during
 3929  any month in the prior state fiscal year, in which a full
 3930  schedule of live racing was conducted, is less than $50,000, the
 3931  department division may assess a bond in a sum less than
 3932  $50,000. The department division may review the bond for
 3933  adequacy and require adjustments each fiscal year. The
 3934  department may division has the authority to adopt rules to
 3935  implement this paragraph and establish guidelines for such
 3936  bonds.
 3937         (b) The provisions of this chapter concerning bonding do
 3938  not apply to nonwagering licenses issued pursuant to s. 550.505.
 3939         Section 48. Subsections (1) and (3) of section 550.135,
 3940  Florida Statutes, are amended to read:
 3941         550.135 Division of moneys derived under this law.—All
 3942  moneys that are deposited with the Chief Financial Officer to
 3943  the credit of the Pari-mutuel Wagering Trust Fund shall be
 3944  distributed as follows:
 3945         (1) The daily license fee revenues collected pursuant to s.
 3946  550.0951(1) shall be used to fund the operating cost of the
 3947  department division and to provide a proportionate share of the
 3948  operation of the office of the secretary and the Division of
 3949  Administration of the Department of Business and Professional
 3950  Regulation; however, other collections in the Pari-mutuel
 3951  Wagering Trust Fund may also be used to fund the operation of
 3952  the department division in accordance with authorized
 3953  appropriations.
 3954         (3) The slot machine license fee, the slot machine
 3955  occupational license fee, and the compulsive or addictive
 3956  gambling prevention program fee collected pursuant to ss.
 3957  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
 3958  direct and indirect operating expenses of the department’s
 3959  division’s slot machine regulation operations and to provide
 3960  funding for relevant enforcement activities in accordance with
 3961  authorized appropriations. Funds deposited into the Pari-mutuel
 3962  Wagering Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1.,
 3963  and 551.118 shall be reserved in the trust fund for slot machine
 3964  regulation operations. On June 30, any unappropriated funds in
 3965  excess of those necessary for incurred obligations and
 3966  subsequent year cash flow for slot machine regulation operations
 3967  shall be deposited with the Chief Financial Officer to the
 3968  credit of the General Revenue Fund.
 3969         Section 49. Subsection (1) of section 550.155, Florida
 3970  Statutes, is amended to read:
 3971         550.155 Pari-mutuel pool within track enclosure; takeouts;
 3972  breaks; penalty for purchasing part of a pari-mutuel pool for or
 3973  through another in specified circumstances.—
 3974         (1) Wagering on the results of a horserace, dograce, or on
 3975  the scores or points of a jai alai game and the sale of tickets
 3976  or other evidences showing an interest in or a contribution to a
 3977  pari-mutuel pool are allowed within the enclosure of any pari
 3978  mutuel facility licensed and conducted under this chapter but
 3979  are not allowed elsewhere in this state, must be supervised by
 3980  the department division, and are subject to such reasonable
 3981  rules that the department division prescribes.
 3982         Section 50. Section 550.175, Florida Statutes, is amended
 3983  to read:
 3984         550.175 Petition for election to revoke permit.—Upon
 3985  petition of 20 percent of the qualified electors of any county
 3986  wherein any racing has been licensed and conducted under this
 3987  chapter, the county commissioners of such county shall provide
 3988  for the submission to the electors of such county at the then
 3989  next succeeding general election the question of whether any
 3990  permit or permits theretofore granted shall be continued or
 3991  revoked, and if a majority of the electors voting on such
 3992  question in such election vote to cancel or recall the permit
 3993  theretofore given, the department division may not thereafter
 3994  grant any license on the permit so recalled. Every signature
 3995  upon every recall petition must be signed in the presence of the
 3996  clerk of the board of county commissioners at the office of the
 3997  clerk of the circuit court of the county, and the petitioner
 3998  must present at the time of such signing her or his registration
 3999  receipt showing the petitioner’s qualification as an elector of
 4000  the county at the time of the signing of the petition. Not more
 4001  than one permit may be included in any one petition; and, in all
 4002  elections in which the recall of more than one permit is voted
 4003  on, the voters shall be given an opportunity to vote for or
 4004  against the recall of each permit separately. Nothing in This
 4005  chapter does not shall be construed to prevent the holding of
 4006  later referendum or recall elections.
 4007         Section 51. Section 550.1815, Florida Statutes, is amended
 4008  to read:
 4009         550.1815 Certain persons prohibited from holding racing or
 4010  jai alai permits; suspension and revocation.—
 4011         (1) A corporation, general or limited partnership, sole
 4012  proprietorship, business trust, joint venture, or unincorporated
 4013  association, or other business entity may not hold any
 4014  horseracing or dogracing permit or jai alai fronton permit in
 4015  this state if any one of the persons or entities specified in
 4016  paragraph (a) has been determined by the department division not
 4017  to be of good moral character or has been convicted of any
 4018  offense specified in paragraph (b).
 4019         (a)1. The permitholder;
 4020         2. An employee of the permitholder;
 4021         3. The sole proprietor of the permitholder;
 4022         4. A corporate officer or director of the permitholder;
 4023         5. A general partner of the permitholder;
 4024         6. A trustee of the permitholder;
 4025         7. A member of an unincorporated association permitholder;
 4026         8. A joint venturer of the permitholder;
 4027         9. The owner of more than 5 percent of any equity interest
 4028  in the permitholder, whether as a common shareholder, general or
 4029  limited partner, voting trustee, or trust beneficiary; or
 4030         10. An owner of any interest in the permit or permitholder,
 4031  including any immediate family member of the owner, or holder of
 4032  any debt, mortgage, contract, or concession from the
 4033  permitholder, who by virtue thereof is able to control the
 4034  business of the permitholder.
 4035         (b)1. A felony in this state;
 4036         2. Any felony in any other state which would be a felony if
 4037  committed in this state under the laws of this state;
 4038         3. Any felony under the laws of the United States;
 4039         4. A felony under the laws of another state if related to
 4040  gambling which would be a felony under the laws of this state if
 4041  committed in this state; or
 4042         5. Bookmaking as defined in s. 849.25.
 4043         (2)(a) If the applicant for permit as specified under
 4044  subsection (1) or a permitholder as specified in paragraph
 4045  (1)(a) has received a full pardon or a restoration of civil
 4046  rights with respect to the conviction specified in paragraph
 4047  (1)(b), the conviction does not constitute an absolute bar to
 4048  the issuance or renewal of a permit or a ground for the
 4049  revocation or suspension of a permit.
 4050         (b) A corporation that has been convicted of a felony is
 4051  entitled to apply for and receive a restoration of its civil
 4052  rights in the same manner and on the same grounds as an
 4053  individual.
 4054         (3) After notice and hearing, the department division shall
 4055  refuse to issue or renew or shall suspend, as appropriate, any
 4056  permit found in violation of subsection (1). The order shall
 4057  become effective 120 days after service of the order upon the
 4058  permitholder and shall be amended to constitute a final order of
 4059  revocation unless the permitholder has, within that period of
 4060  time, either caused the divestiture, or agreed with the
 4061  convicted person upon a complete immediate divestiture, of her
 4062  or his holding, or has petitioned the circuit court as provided
 4063  in subsection (4) or, in the case of corporate officers or
 4064  directors of the holder or employees of the holder, has
 4065  terminated the relationship between the permitholder and those
 4066  persons mentioned. The department division may, by order, extend
 4067  the 120-day period for divestiture, upon good cause shown, to
 4068  avoid interruption of any jai alai or race meeting or to
 4069  otherwise effectuate this section. If no action has been taken
 4070  by the permitholder within the 120-day period following the
 4071  issuance of the order of suspension, the department division
 4072  shall, without further notice or hearing, enter a final order of
 4073  revocation of the permit. When any permitholder or sole
 4074  proprietor of a permitholder is convicted of an offense
 4075  specified in paragraph (1)(b), the department may approve a
 4076  transfer of the permit to a qualified applicant, upon a finding
 4077  that revocation of the permit would impair the state’s revenue
 4078  from the operation of the permit or otherwise be detrimental to
 4079  the interests of the state in the regulation of the industry of
 4080  pari-mutuel wagering. In such approval, no public referendum is
 4081  required, notwithstanding any other provision of law. A petition
 4082  for transfer after conviction must be filed with the department
 4083  within 30 days after service upon the permitholder of the final
 4084  order of revocation. The timely filing of such a petition
 4085  automatically stays any revocation order until further order of
 4086  the department.
 4087         (4) The circuit courts have jurisdiction to decide a
 4088  petition brought by a holder of a pari-mutuel permit that shows
 4089  that its permit is in jeopardy of suspension or revocation under
 4090  subsection (3) and that it is unable to agree upon the terms of
 4091  divestiture of interest with the person specified in
 4092  subparagraphs (1)(a)3.-9. who has been convicted of an offense
 4093  specified in paragraph (1)(b). The court shall determine the
 4094  reasonable value of the interest of the convicted person and
 4095  order a divestiture upon such terms and conditions as it finds
 4096  just. In determining the value of the interest of the convicted
 4097  person, the court may consider, among other matters, the value
 4098  of the assets of the permitholder, its good will and value as a
 4099  going concern, recent and expected future earnings, and other
 4100  criteria usual and customary in the sale of like enterprises.
 4101         (5) The department division shall adopt make such rules for
 4102  the photographing, fingerprinting, and obtaining of personal
 4103  data of individuals described in paragraph (1)(a) and the
 4104  obtaining of such data regarding the business entities described
 4105  in paragraph (1)(a) as is necessary to implement effectuate the
 4106  provisions of this section.
 4107         Section 52. Subsection (2), paragraph (c) of subsection
 4108  (3), and subsections (4) and (6) of section 550.24055, Florida
 4109  Statutes, are amended to read:
 4110         550.24055 Use of controlled substances or alcohol
 4111  prohibited; testing of certain occupational licensees; penalty;
 4112  evidence of test or action taken and admissibility for criminal
 4113  prosecution limited.—
 4114         (2) The occupational licensees, by applying for and holding
 4115  such licenses, are deemed to have given their consents to submit
 4116  to an approved chemical test of their breath for the purpose of
 4117  determining the alcoholic content of their blood and to a urine
 4118  or blood test for the purpose of detecting the presence of
 4119  controlled substances. Such tests shall only be conducted only
 4120  upon reasonable cause that a violation has occurred as shall be
 4121  determined solely by the stewards at a horseracing meeting or
 4122  the judges or board of judges at a dogtrack or jai alai meet.
 4123  The failure to submit to such test may result in a suspension of
 4124  the person’s occupational license for a period of 10 days or
 4125  until this section has been complied with, whichever is longer.
 4126         (a) If there was at the time of the test 0.05 percent or
 4127  less by weight of alcohol in the person’s blood, the person is
 4128  presumed not to have been under the influence of alcoholic
 4129  beverages to the extent that the person’s normal faculties were
 4130  impaired, and no action of any sort may be taken by the
 4131  stewards, judges, or board of judges or the department division.
 4132         (b) If there was at the time of the test an excess of 0.05
 4133  percent but less than 0.08 percent by weight of alcohol in the
 4134  person’s blood, that fact does not give rise to any presumption
 4135  that the person was or was not under the influence of alcoholic
 4136  beverages to the extent that the person’s faculties were
 4137  impaired, but the stewards, judges, or board of judges may
 4138  consider that fact in determining whether or not the person will
 4139  be allowed to officiate or participate in any given race or jai
 4140  alai game.
 4141         (c) If there was at the time of the test 0.08 percent or
 4142  more by weight of alcohol in the person’s blood, that fact is
 4143  prima facie evidence that the person was under the influence of
 4144  alcoholic beverages to the extent that the person’s normal
 4145  faculties were impaired, and the stewards or judges may take
 4146  action as set forth in this section, but the person may not
 4147  officiate at or participate in any race or jai alai game on the
 4148  day of such test.
 4149  
 4150  All tests relating to alcohol must be performed in a manner
 4151  substantially similar, or identical, to the provisions of s.
 4152  316.1934 and rules adopted pursuant to that section. Following a
 4153  test of the urine or blood to determine the presence of a
 4154  controlled substance as defined in chapter 893, if a controlled
 4155  substance is found to exist, the stewards, judges, or board of
 4156  judges may take such action as is permitted in this section.
 4157         (3) A violation of subsection (2) is subject to the
 4158  following penalties:
 4159         (c) If the second violation occurred within 1 year after
 4160  the first violation, then upon the finding of a third violation
 4161  of this section within 1 year after the second violation, the
 4162  stewards, judges, or board of judges may suspend the licensee
 4163  for up to 120 days; and the stewards, judges, or board of judges
 4164  shall forward the results of the tests under paragraphs (a) and
 4165  (b) and this violation to the department division. In addition
 4166  to the action taken by the stewards, judges, or board of judges,
 4167  the department division, after a hearing, may deny, suspend, or
 4168  revoke the occupational license of the licensee and may impose a
 4169  civil penalty of up to $5,000 in addition to, or in lieu of, a
 4170  suspension or revocation, it being the intent of the Legislature
 4171  that the department division shall have no authority over the
 4172  enforcement of this section until a licensee has committed the
 4173  third violation within 2 years after the first violation.
 4174         (4) Section 120.80(19) applies The provisions of s.
 4175  120.80(4)(a) apply to all actions taken by the stewards, judges,
 4176  or board of judges pursuant to this section without regard to
 4177  the limitation contained therein.
 4178         (6) Evidence of any test or actions taken by the stewards,
 4179  judges, or board of judges or the department division under this
 4180  section is inadmissible for any purpose in any court for
 4181  criminal prosecution, it being the intent of the Legislature to
 4182  provide a method and means by which the health, safety, and
 4183  welfare of those officiating at or participating in a race meet
 4184  or a jai alai game are sufficiently protected. However, this
 4185  subsection does not prohibit any person so authorized from
 4186  pursuing an independent investigation as a result of a ruling
 4187  made by the stewards, judges, or board of judges, or the
 4188  department division.
 4189         Section 53. Section 550.2415, Florida Statutes, is amended
 4190  to read:
 4191         550.2415 Racing of animals under certain conditions
 4192  prohibited; penalties; exceptions.—
 4193         (1)(a) The racing of an animal that has been impermissibly
 4194  medicated or determined to have a prohibited substance present
 4195  is prohibited. It is a violation of this section for a person to
 4196  impermissibly medicate an animal or for an animal to have a
 4197  prohibited substance present resulting in a positive test for
 4198  such medications or substances based on samples taken from the
 4199  animal before or immediately after the racing of that animal.
 4200  Test results and the identities of the animals being tested and
 4201  of their trainers and owners of record are confidential and
 4202  exempt from s. 119.07(1) and from s. 24(a), Art. I of the State
 4203  Constitution for 10 days after testing of all samples collected
 4204  on a particular day has been completed and any positive test
 4205  results derived from such samples have been reported to the
 4206  director of the department division or administrative action has
 4207  been commenced.
 4208         (b) It is a violation of this section for a race-day
 4209  specimen to contain a level of a naturally occurring substance
 4210  which exceeds normal physiological concentrations. The
 4211  department division may solicit input from the Department of
 4212  Agriculture and Consumer Services and adopt rules that specify
 4213  normal physiological concentrations of naturally occurring
 4214  substances in the natural untreated animal and rules that
 4215  specify acceptable levels of environmental contaminants and
 4216  trace levels of substances in test samples.
 4217         (c) The finding of a prohibited substance in a race-day
 4218  specimen constitutes prima facie evidence that the substance was
 4219  administered and was carried in the body of the animal while
 4220  participating in the race.
 4221         (2) Administrative action may be taken by the department
 4222  division against an occupational licensee responsible pursuant
 4223  to rule of the department division for the condition of an
 4224  animal that has been impermissibly medicated or drugged in
 4225  violation of this section.
 4226         (3)(a) Upon the finding of a violation of this section, the
 4227  department division may revoke or suspend the license or permit
 4228  of the violator or deny a license or permit to the violator;
 4229  impose a fine against the violator in an amount not exceeding
 4230  the purse or sweepstakes earned by the animal in the race at
 4231  issue or $10,000, whichever is greater; require the full or
 4232  partial return of the purse, sweepstakes, and trophy of the race
 4233  at issue; or impose against the violator any combination of such
 4234  penalties. The finding of a violation of this section does not
 4235  prohibit a prosecution for criminal acts committed.
 4236         (b) The department division, notwithstanding chapter 120,
 4237  may summarily suspend the license of an occupational licensee
 4238  responsible under this section or department division rule for
 4239  the condition of a race animal if the department’s division
 4240  laboratory reports the presence of a prohibited substance in the
 4241  animal or its blood, urine, saliva, or any other bodily fluid,
 4242  either before a race in which the animal is entered or after a
 4243  race the animal has run.
 4244         (c) If an occupational licensee is summarily suspended
 4245  under this section, the department division shall offer the
 4246  licensee a prompt postsuspension hearing within 72 hours, at
 4247  which the department division shall produce the laboratory
 4248  report and documentation that which, on its face, establishes
 4249  the responsibility of the occupational licensee. Upon production
 4250  of the documentation, the occupational licensee has the burden
 4251  of proving his or her lack of responsibility.
 4252         (d) Any proceeding for administrative action against a
 4253  licensee or permittee, other than a proceeding under paragraph
 4254  (c), shall be conducted in compliance with chapter 120.
 4255         (4) A prosecution pursuant to this section for a violation
 4256  of this section must begin within 90 days after the violation
 4257  was committed. Service of an administrative complaint marks the
 4258  commencement of administrative action.
 4259         (5) The department division shall implement a split-sample
 4260  procedure for testing animals under this section.
 4261         (a) The department division shall notify the owner or
 4262  trainer, the stewards, and the appropriate horsemen’s
 4263  association of all drug test results. If a drug test result is
 4264  positive, and upon request by the affected trainer or owner of
 4265  the animal from which the sample was obtained, the department
 4266  division shall send the split sample to an approved independent
 4267  laboratory for analysis. The department division shall establish
 4268  standards and rules for uniform enforcement and shall maintain a
 4269  list of at least five approved independent laboratories for an
 4270  owner or trainer to select from if a drug test result is
 4271  positive.
 4272         (b) If the department division laboratory’s findings are
 4273  not confirmed by the independent laboratory, no further
 4274  administrative or disciplinary action under this section may be
 4275  pursued.
 4276         (c) If the independent laboratory confirms the department
 4277  division laboratory’s positive result, the department division
 4278  may commence administrative proceedings as prescribed in this
 4279  chapter and consistent with chapter 120. For purposes of this
 4280  subsection, the department shall in good faith attempt to obtain
 4281  a sufficient quantity of the test fluid to allow both a primary
 4282  test and a secondary test to be made.
 4283         (d) For the testing of a racing greyhound, if there is an
 4284  insufficient quantity of the secondary (split) sample for
 4285  confirmation of the department division laboratory’s positive
 4286  result, the department division may commence administrative
 4287  proceedings as prescribed in this chapter and consistent with
 4288  chapter 120.
 4289         (e) For the testing of a racehorse, if there is an
 4290  insufficient quantity of the secondary (split) sample for
 4291  confirmation of the department division laboratory’s positive
 4292  result, the department division may not take further action on
 4293  the matter against the owner or trainer, and any resulting
 4294  license suspension must be immediately lifted.
 4295         (f) The department division shall require its laboratory
 4296  and the independent laboratories to annually participate in an
 4297  externally administered quality assurance program designed to
 4298  assess testing proficiency in the detection and appropriate
 4299  quantification of medications, drugs, and naturally occurring
 4300  substances that may be administered to racing animals. The
 4301  administrator of the quality assurance program shall report its
 4302  results and findings to the department division and the
 4303  Department of Agriculture and Consumer Services.
 4304         (6)(a) It is the intent of the Legislature that animals
 4305  that participate in races in this state on which pari-mutuel
 4306  wagering is conducted and animals that are bred and trained in
 4307  this state for racing be treated humanely, both on and off
 4308  racetracks, throughout the lives of the animals.
 4309         (b) The department division shall, by rule, adopt establish
 4310  the procedures for euthanizing greyhounds. However, a greyhound
 4311  may not be put to death by any means other than by lethal
 4312  injection of the drug sodium pentobarbital. A greyhound may not
 4313  be removed from this state for the purpose of being destroyed.
 4314         (c) It is a violation of this chapter for an occupational
 4315  licensee to train a greyhound using live or dead animals. A
 4316  greyhound may not be taken from this state for the purpose of
 4317  being trained through the use of live or dead animals.
 4318         (d) Any act committed by any licensee that would constitute
 4319  cruelty to animals as defined in s. 828.02 involving any animal
 4320  constitutes a violation of this chapter. Imposition of any
 4321  penalty by the department division for violation of this chapter
 4322  or any rule adopted by the department division pursuant to this
 4323  chapter does shall not prohibit a criminal prosecution for
 4324  cruelty to animals.
 4325         (e) The department division may inspect any area at a pari
 4326  mutuel facility where racing animals are raced, trained, housed,
 4327  or maintained, including any areas where food, medications, or
 4328  other supplies are kept, to ensure the humane treatment of
 4329  racing animals and compliance with this chapter and the rules of
 4330  the department division.
 4331         (7)(a) In order to protect the safety and welfare of racing
 4332  animals and the integrity of the races in which the animals
 4333  participate, the department division shall adopt rules
 4334  establishing the conditions of use and maximum concentrations of
 4335  medications, drugs, and naturally occurring substances
 4336  identified in the Controlled Therapeutic Medication Schedule,
 4337  Version 2.1, revised April 17, 2014, adopted by the Association
 4338  of Racing Commissioners International, Inc. Controlled
 4339  therapeutic medications include only the specific medications
 4340  and concentrations allowed in biological samples which have been
 4341  approved by the Association of Racing Commissioners
 4342  International, Inc., as controlled therapeutic medications.
 4343         (b) The department division rules must designate the
 4344  appropriate biological specimens by which the administration of
 4345  medications, drugs, and naturally occurring substances is
 4346  monitored and must determine the testing methodologies,
 4347  including measurement uncertainties, for screening such
 4348  specimens to confirm the presence of medications, drugs, and
 4349  naturally occurring substances.
 4350         (c) The department division rules must include a
 4351  classification system for drugs and substances and a
 4352  corresponding penalty schedule for violations which incorporates
 4353  the Uniform Classification Guidelines for Foreign Substances,
 4354  Version 8.0, revised December 2014, by the Association of Racing
 4355  Commissioners International, Inc. The department division shall
 4356  adopt laboratory screening limits approved by the Association of
 4357  Racing Commissioners International, Inc., for drugs and
 4358  medications that are not included as controlled therapeutic
 4359  medications, the presence of which in a sample may result in a
 4360  violation of this section.
 4361         (d) The department division rules must include conditions
 4362  for the use of furosemide to treat exercise-induced pulmonary
 4363  hemorrhage.
 4364         (e) The department division may solicit input from the
 4365  Department of Agriculture and Consumer Services in adopting the
 4366  rules required under this subsection. Such rules must be adopted
 4367  before January 1, 2016.
 4368         (8) Furosemide is the only medication that may be
 4369  administered within 24 hours before the officially scheduled
 4370  post time of a race, but it may not be administered within 4
 4371  hours before the officially scheduled post time of a race.
 4372         (9)(a) The department division may conduct a postmortem
 4373  examination of any animal that is injured at a permitted
 4374  racetrack while in training or in competition and that
 4375  subsequently expires or is destroyed. The department division
 4376  may conduct a postmortem examination of any animal that expires
 4377  while housed at a permitted racetrack, association compound, or
 4378  licensed kennel or farm. Trainers and owners shall be requested
 4379  to comply with this paragraph as a condition of licensure.
 4380         (b) The department division may take possession of the
 4381  animal upon death for postmortem examination. The department
 4382  division may submit blood, urine, other bodily fluid specimens,
 4383  or other tissue specimens collected during a postmortem
 4384  examination for testing by the department division laboratory or
 4385  its designee. Upon completion of the postmortem examination, the
 4386  carcass must be returned to the owner or disposed of at the
 4387  owner’s option.
 4388         (10) The presence of a prohibited substance in an animal,
 4389  found by the department division laboratory in a bodily fluid
 4390  specimen collected after the race or during the postmortem
 4391  examination of the animal, which breaks down during a race
 4392  constitutes a violation of this section.
 4393         (11) The cost of postmortem examinations, testing, and
 4394  disposal must be borne by the department division.
 4395         (12) The department division shall adopt rules to implement
 4396  this section.
 4397         (13) The department division may implement by rule
 4398  medication levels for racing greyhounds recommended by the
 4399  University of Florida College of Veterinary Medicine developed
 4400  pursuant to an agreement between the department Division of
 4401  Pari-mutuel Wagering and the University of Florida College of
 4402  Veterinary Medicine. The University of Florida College of
 4403  Veterinary Medicine may provide written notification to the
 4404  department division that it has completed research or review on
 4405  a particular drug pursuant to the agreement and when the College
 4406  of Veterinary Medicine has completed a final report of its
 4407  findings, conclusions, and recommendations to the department
 4408  division.
 4409         Section 54. Subsection (4) of section 550.2614, Florida
 4410  Statutes, is amended to read:
 4411         550.2614 Distribution of certain funds to a horsemen’s
 4412  association.—
 4413         (4) The department division shall adopt rules to facilitate
 4414  the orderly transfer of funds in accordance with this section.
 4415  The department division shall also monitor the membership rolls
 4416  of the horsemen’s association to ensure that complete, accurate,
 4417  and timely listings are maintained for the purposes specified in
 4418  this section.
 4419         Section 55. Section 550.2625, Florida Statutes, is amended
 4420  to read:
 4421         550.2625 Horseracing; minimum purse requirement, Florida
 4422  breeders’ and owners’ awards.—
 4423         (1) The purse structure and the availability of breeder
 4424  awards are important factors in attracting the entry of well
 4425  bred horses in racing meets in this state which in turn helps to
 4426  produce maximum racing revenues for the state and the counties.
 4427         (2) Each permitholder conducting a horserace meet is
 4428  required to pay from the takeout withheld on pari-mutuel pools a
 4429  sum for purses in accordance with the type of race performed.
 4430         (a) A permitholder conducting a thoroughbred horse race
 4431  meet under this chapter must pay from the takeout withheld a sum
 4432  not less than 7.75 percent of all contributions to pari-mutuel
 4433  pools conducted during the race meet as purses. In addition to
 4434  the 7.75 percent minimum purse payment, permitholders conducting
 4435  live thoroughbred performances shall be required to pay as
 4436  additional purses 0.625 .625 percent of live handle for
 4437  performances conducted during the period beginning on January 3
 4438  and ending March 16; 0.225 .225 percent for performances
 4439  conducted during the period beginning March 17 and ending May
 4440  22; and 0.85 .85 percent for performances conducted during the
 4441  period beginning May 23 and ending January 2. Except that any
 4442  thoroughbred permitholder whose total handle on live
 4443  performances during the 1991-1992 state fiscal year was not
 4444  greater than $34 million is not subject to this additional purse
 4445  payment. A permitholder authorized to conduct thoroughbred
 4446  racing may withhold from the handle an additional amount equal
 4447  to 1 percent on exotic wagering for use as owners’ awards, and
 4448  may withhold from the handle an amount equal to 2 percent on
 4449  exotic wagering for use as overnight purses. A No permitholder
 4450  may not withhold in excess of 20 percent from the handle without
 4451  withholding the amounts set forth in this subsection.
 4452         (b)1. A permitholder conducting a harness horse race meet
 4453  under this chapter must pay to the purse pool from the takeout
 4454  withheld a purse requirement that totals an amount not less than
 4455  8.25 percent of all contributions to pari-mutuel pools conducted
 4456  during the race meet. An amount not less than 7.75 percent of
 4457  the total handle shall be paid from this purse pool as purses.
 4458         2. An amount not to exceed 0.5 percent of the total handle
 4459  on all harness horse races that are subject to the purse
 4460  requirement of subparagraph 1., must be available for use to
 4461  provide medical, dental, surgical, life, funeral, or disability
 4462  insurance benefits for occupational licensees who work at tracks
 4463  in this state at which harness horse races are conducted. Such
 4464  insurance benefits must be paid from the purse pool specified in
 4465  subparagraph 1. An annual plan for payment of insurance benefits
 4466  from the purse pool, including qualifications for eligibility,
 4467  must be submitted by the Florida Standardbred Breeders and
 4468  Owners Association for approval to the department division. An
 4469  annual report of the implemented plan shall be submitted to the
 4470  department division. All records of the Florida Standardbred
 4471  Breeders and Owners Association concerning the administration of
 4472  the plan must be available for audit at the discretion of the
 4473  department division to determine that the plan has been
 4474  implemented and administered as authorized. If the department
 4475  division finds that the Florida Standardbred Breeders and Owners
 4476  Association has not complied with the provisions of this
 4477  section, the department division may order the association to
 4478  cease and desist from administering the plan and shall appoint
 4479  the department division as temporary administrator of the plan
 4480  until the department division reestablishes administration of
 4481  the plan with the association.
 4482         (c) A permitholder conducting a quarter horse race meet
 4483  under this chapter shall pay from the takeout withheld a sum not
 4484  less than 6 percent of all contributions to pari-mutuel pools
 4485  conducted during the race meet as purses.
 4486         (d) The department division shall adopt reasonable rules to
 4487  ensure the timely and accurate payment of all amounts withheld
 4488  by horserace permitholders regarding the distribution of purses,
 4489  owners’ awards, and other amounts collected for payment to
 4490  owners and breeders. Each permitholder that fails to pay out all
 4491  moneys collected for payment to owners and breeders shall,
 4492  within 10 days after the end of the meet during which the
 4493  permitholder underpaid purses, deposit an amount equal to the
 4494  underpayment into a separate interest-bearing account to be
 4495  distributed to owners and breeders in accordance with department
 4496  division rules.
 4497         (e) An amount equal to 8.5 percent of the purse account
 4498  generated through intertrack wagering and interstate
 4499  simulcasting will be used for Florida Owners’ Awards as set
 4500  forth in subsection (3). Any thoroughbred permitholder with an
 4501  average blended takeout that which does not exceed 20 percent
 4502  and with an average daily purse distribution excluding
 4503  sponsorship, entry fees, and nominations exceeding $225,000 is
 4504  exempt from the provisions of this paragraph.
 4505         (3) Each horseracing permitholder conducting any
 4506  thoroughbred race under this chapter, including any intertrack
 4507  race taken pursuant to ss. 550.615-550.6305 or any interstate
 4508  simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
 4509  to 0.955 percent on all pari-mutuel pools conducted during any
 4510  such race for the payment of breeders’, stallion, or special
 4511  racing awards as authorized in this chapter. This subsection
 4512  also applies to all Breeder’s Cup races conducted outside this
 4513  state taken pursuant to s. 550.3551(3). On any race originating
 4514  live in this state which is broadcast out-of-state to any
 4515  location at which wagers are accepted pursuant to s.
 4516  550.3551(2), the host track is required to pay 3.475 percent of
 4517  the gross revenue derived from such out-of-state broadcasts as
 4518  breeders’, stallion, or special racing awards. The Florida
 4519  Thoroughbred Breeders’ Association is authorized to receive
 4520  these payments from the permitholders and make payments of
 4521  awards earned. The Florida Thoroughbred Breeders’ Association
 4522  has the right to withhold up to 10 percent of the permitholder’s
 4523  payments under this section as a fee for administering the
 4524  payments of awards and for general promotion of the industry.
 4525  The permitholder shall remit these payments to the Florida
 4526  Thoroughbred Breeders’ Association by the 5th day of each
 4527  calendar month for such sums accruing during the preceding
 4528  calendar month and shall report such payments to the department
 4529  division as prescribed by the department division. With the
 4530  exception of the 10-percent fee, the moneys paid by the
 4531  permitholders shall be maintained in a separate, interest
 4532  bearing account, and such payments together with any interest
 4533  earned shall be used exclusively for the payment of breeders’,
 4534  stallion, or special racing awards in accordance with the
 4535  following provisions:
 4536         (a) The breeder of each Florida-bred thoroughbred horse
 4537  winning a thoroughbred horse race is entitled to an award of up
 4538  to, but not exceeding, 20 percent of the announced gross purse,
 4539  including nomination fees, eligibility fees, starting fees,
 4540  supplementary fees, and moneys added by the sponsor of the race.
 4541         (b) The owner or owners of the sire of a Florida-bred
 4542  thoroughbred horse that wins a stakes race is entitled to a
 4543  stallion award of up to, but not exceeding, 20 percent of the
 4544  announced gross purse, including nomination fees, eligibility
 4545  fees, starting fees, supplementary fees, and moneys added by the
 4546  sponsor of the race.
 4547         (c) The owners of thoroughbred horses participating in
 4548  thoroughbred stakes races, nonstakes races, or both may receive
 4549  a special racing award in accordance with the agreement
 4550  established pursuant to s. 550.26165(1).
 4551         (d) In order for a breeder of a Florida-bred thoroughbred
 4552  horse to be eligible to receive a breeder’s award, the horse
 4553  must have been registered as a Florida-bred horse with the
 4554  Florida Thoroughbred Breeders’ Association, and the Jockey Club
 4555  certificate for the horse must show that it has been duly
 4556  registered as a Florida-bred horse as evidenced by the seal and
 4557  proper serial number of the Florida Thoroughbred Breeders’
 4558  Association registry. The Florida Thoroughbred Breeders’
 4559  Association shall be permitted to charge the registrant a
 4560  reasonable fee for this verification and registration.
 4561         (e) In order for an owner of the sire of a thoroughbred
 4562  horse winning a stakes race to be eligible to receive a stallion
 4563  award, the stallion must have been registered with the Florida
 4564  Thoroughbred Breeders’ Association, and the breeding of the
 4565  registered Florida-bred horse must have occurred in this state.
 4566  The stallion must be standing permanently in this state during
 4567  the period of time between February 1 and June 15 of each year
 4568  or, if the stallion is dead, must have stood permanently in this
 4569  state for a period of not less than 1 year immediately prior to
 4570  its death. The removal of a stallion from this state during the
 4571  period of time between February 1 and June 15 of any year for
 4572  any reason, other than exclusively for prescribed medical
 4573  treatment, as approved by the Florida Thoroughbred Breeders’
 4574  Association, renders the owner or owners of the stallion
 4575  ineligible to receive a stallion award under any circumstances
 4576  for offspring sired prior to removal; however, if a removed
 4577  stallion is returned to this state, all offspring sired
 4578  subsequent to the return make the owner or owners of the
 4579  stallion eligible for the stallion award but only for those
 4580  offspring sired subsequent to such return to this state. The
 4581  Florida Thoroughbred Breeders’ Association shall maintain
 4582  complete records showing the date the stallion arrived in this
 4583  state for the first time, whether or not the stallion remained
 4584  in the state permanently, the location of the stallion, and
 4585  whether the stallion is still standing in this state and
 4586  complete records showing awards earned, received, and
 4587  distributed. The association may charge the owner, owners, or
 4588  breeder a reasonable fee for this service.
 4589         (f) A permitholder conducting a thoroughbred horse race
 4590  under the provisions of this chapter shall, within 30 days after
 4591  the end of the race meet during which the race is conducted,
 4592  certify to the Florida Thoroughbred Breeders’ Association such
 4593  information relating to the thoroughbred horses winning a stakes
 4594  or other horserace at the meet as may be required to determine
 4595  the eligibility for payment of breeders’, stallion, and special
 4596  racing awards.
 4597         (g) The Florida Thoroughbred Breeders’ Association shall
 4598  maintain complete records showing the starters and winners in
 4599  all races conducted at thoroughbred tracks in this state; shall
 4600  maintain complete records showing awards earned, received, and
 4601  distributed; and may charge the owner, owners, or breeder a
 4602  reasonable fee for this service.
 4603         (h) The Florida Thoroughbred Breeders’ Association shall
 4604  annually establish a uniform rate and procedure for the payment
 4605  of breeders’ and stallion awards and shall make breeders’ and
 4606  stallion award payments in strict compliance with the
 4607  established uniform rate and procedure plan. The plan may set a
 4608  cap on winnings and may limit, exclude, or defer payments to
 4609  certain classes of races, such as the Florida stallion stakes
 4610  races, in order to assure that there are adequate revenues to
 4611  meet the proposed uniform rate. Such plan must include proposals
 4612  for the general promotion of the industry. Priority shall be
 4613  placed upon imposing such restrictions in lieu of allowing the
 4614  uniform rate to be less than 15 percent of the total purse
 4615  payment. The uniform rate and procedure plan must be approved by
 4616  the department division before implementation. In the absence of
 4617  an approved plan and procedure, the authorized rate for
 4618  breeders’ and stallion awards is 15 percent of the announced
 4619  gross purse for each race. Such purse must include nomination
 4620  fees, eligibility fees, starting fees, supplementary fees, and
 4621  moneys added by the sponsor of the race. If the funds in the
 4622  account for payment of breeders’ and stallion awards are not
 4623  sufficient to meet all earned breeders’ and stallion awards,
 4624  those breeders and stallion owners not receiving payments have
 4625  first call on any subsequent receipts in that or any subsequent
 4626  year.
 4627         (i) The Florida Thoroughbred Breeders’ Association shall
 4628  keep accurate records showing receipts and disbursements of such
 4629  payments and shall annually file a full and complete report to
 4630  the department division showing such receipts and disbursements
 4631  and the sums withheld for administration. The department
 4632  division may audit the records and accounts of the Florida
 4633  Thoroughbred Breeders’ Association to determine that payments
 4634  have been made to eligible breeders and stallion owners in
 4635  accordance with this section.
 4636         (j) If the department division finds that the Florida
 4637  Thoroughbred Breeders’ Association has not complied with any
 4638  provision of this section, the department division may order the
 4639  association to cease and desist from receiving funds and
 4640  administering funds received under this section. If the
 4641  department division enters such an order, the permitholder shall
 4642  make the payments authorized in this section to the department
 4643  division for deposit into the Pari-mutuel Wagering Trust Fund;
 4644  and any funds in the Florida Thoroughbred Breeders’ Association
 4645  account shall be immediately paid to the department Division of
 4646  Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
 4647  Trust Fund. The department division shall authorize payment from
 4648  these funds to any breeder or stallion owner entitled to an
 4649  award that has not been previously paid by the Florida
 4650  Thoroughbred Breeders’ Association in accordance with the
 4651  applicable rate.
 4652         (4) Each permitholder conducting a harness horse race under
 4653  this chapter shall pay a sum equal to the breaks on all pari
 4654  mutuel pools conducted during that race for the payment of
 4655  breeders’ awards, stallion awards, and stallion stakes and for
 4656  additional expenditures as authorized in this section. The
 4657  Florida Standardbred Breeders and Owners Association is
 4658  authorized to receive these payments from the permitholders and
 4659  make payments as authorized in this subsection. The Florida
 4660  Standardbred Breeders and Owners Association has the right to
 4661  withhold up to 10 percent of the permitholder’s payments under
 4662  this section and under s. 550.2633 as a fee for administering
 4663  these payments. The permitholder shall remit these payments to
 4664  the Florida Standardbred Breeders and Owners Association by the
 4665  5th day of each calendar month for such sums accruing during the
 4666  preceding calendar month and shall report such payments to the
 4667  department division as prescribed by the department division.
 4668  With the exception of the 10-percent fee for administering the
 4669  payments and the use of the moneys authorized by paragraph (j),
 4670  the moneys paid by the permitholders shall be maintained in a
 4671  separate, interest-bearing account; and such payments together
 4672  with any interest earned shall be allocated for the payment of
 4673  breeders’ awards, stallion awards, stallion stakes, additional
 4674  purses, and prizes for, and the general promotion of owning and
 4675  breeding of, Florida-bred standardbred horses. Payment of
 4676  breeders’ awards and stallion awards shall be made in accordance
 4677  with the following provisions:
 4678         (a) The breeder of each Florida-bred standardbred horse
 4679  winning a harness horse race is entitled to an award of up to,
 4680  but not exceeding, 20 percent of the announced gross purse,
 4681  including nomination fees, eligibility fees, starting fees,
 4682  supplementary fees, and moneys added by the sponsor of the race.
 4683         (b) The owner or owners of the sire of a Florida-bred
 4684  standardbred horse that wins a stakes race is entitled to a
 4685  stallion award of up to, but not exceeding, 20 percent of the
 4686  announced gross purse, including nomination fees, eligibility
 4687  fees, starting fees, supplementary fees, and moneys added by the
 4688  sponsor of the race.
 4689         (c) In order for a breeder of a Florida-bred standardbred
 4690  horse to be eligible to receive a breeder’s award, the horse
 4691  winning the race must have been registered as a Florida-bred
 4692  horse with the Florida Standardbred Breeders and Owners
 4693  Association and a registration certificate under seal for the
 4694  winning horse must show that the winner has been duly registered
 4695  as a Florida-bred horse as evidenced by the seal and proper
 4696  serial number of the United States Trotting Association
 4697  registry. The Florida Standardbred Breeders and Owners
 4698  Association shall be permitted to charge the registrant a
 4699  reasonable fee for this verification and registration.
 4700         (d) In order for an owner of the sire of a standardbred
 4701  horse winning a stakes race to be eligible to receive a stallion
 4702  award, the stallion must have been registered with the Florida
 4703  Standardbred Breeders and Owners Association, and the breeding
 4704  of the registered Florida-bred horse must have occurred in this
 4705  state. The stallion must be standing permanently in this state
 4706  or, if the stallion is dead, must have stood permanently in this
 4707  state for a period of not less than 1 year immediately prior to
 4708  its death. The removal of a stallion from this state for any
 4709  reason, other than exclusively for prescribed medical treatment,
 4710  renders the owner or the owners of the stallion ineligible to
 4711  receive a stallion award under any circumstances for offspring
 4712  sired prior to removal; however, if a removed stallion is
 4713  returned to this state, all offspring sired subsequent to the
 4714  return make the owner or owners of the stallion eligible for the
 4715  stallion award but only for those offspring sired subsequent to
 4716  such return to this state. The Florida Standardbred Breeders and
 4717  Owners Association shall maintain complete records showing the
 4718  date the stallion arrived in this state for the first time,
 4719  whether or not the stallion remained in the state permanently,
 4720  the location of the stallion, and whether the stallion is still
 4721  standing in this state and complete records showing awards
 4722  earned, received, and distributed. The association may charge
 4723  the owner, owners, or breeder a reasonable fee for this service.
 4724         (e) A permitholder conducting a harness horse race under
 4725  this chapter shall, within 30 days after the end of the race
 4726  meet during which the race is conducted, certify to the Florida
 4727  Standardbred Breeders and Owners Association such information
 4728  relating to the horse winning a stakes or other horserace at the
 4729  meet as may be required to determine the eligibility for payment
 4730  of breeders’ awards and stallion awards.
 4731         (f) The Florida Standardbred Breeders and Owners
 4732  Association shall maintain complete records showing the starters
 4733  and winners in all races conducted at harness horse racetracks
 4734  in this state; shall maintain complete records showing awards
 4735  earned, received, and distributed; and may charge the owner,
 4736  owners, or breeder a reasonable fee for this service.
 4737         (g) The Florida Standardbred Breeders and Owners
 4738  Association shall annually establish a uniform rate and
 4739  procedure for the payment of breeders’ awards, stallion awards,
 4740  stallion stakes, additional purses, and prizes for, and for the
 4741  general promotion of owning and breeding of, Florida-bred
 4742  standardbred horses and shall make award payments and
 4743  allocations in strict compliance with the established uniform
 4744  rate and procedure. The plan may set a cap on winnings, and may
 4745  limit, exclude, or defer payments to certain classes of races,
 4746  such as the Florida Breeders’ stakes races, in order to assure
 4747  that there are adequate revenues to meet the proposed uniform
 4748  rate. Priority shall be placed on imposing such restrictions in
 4749  lieu of allowing the uniform rate allocated to payment of
 4750  breeder and stallion awards to be less than 10 percent of the
 4751  total purse payment. The uniform rate and procedure must be
 4752  approved by the department division before implementation. In
 4753  the absence of an approved plan and procedure, the authorized
 4754  rate for breeders’ and stallion awards is 10 percent of the
 4755  announced gross purse for each race. Such purse must include
 4756  nomination fees, eligibility fees, starting fees, supplementary
 4757  fees, and moneys added by the sponsor of the race. If the funds
 4758  in the account for payment of breeders’ and stallion awards are
 4759  not sufficient to meet all earned breeders’ and stallion awards,
 4760  those breeders and stallion owners not receiving payments have
 4761  first call on any subsequent receipts in that or any subsequent
 4762  year.
 4763         (h) The Florida Standardbred Breeders and Owners
 4764  Association shall keep accurate records showing receipts and
 4765  disbursements of such payments and shall annually file a full
 4766  and complete report to the department division showing such
 4767  receipts and disbursements and the sums withheld for
 4768  administration. The department division may audit the records
 4769  and accounts of the Florida Standardbred Breeders and Owners
 4770  Association to determine that payments have been made to
 4771  eligible breeders, stallion owners, and owners of Florida-bred
 4772  standardbred horses in accordance with this section.
 4773         (i) If the department division finds that the Florida
 4774  Standardbred Breeders and Owners Association has not complied
 4775  with any provision of this section, the department division may
 4776  order the association to cease and desist from receiving funds
 4777  and administering funds received under this section and under s.
 4778  550.2633. If the department division enters such an order, the
 4779  permitholder shall make the payments authorized in this section
 4780  and s. 550.2633 to the department division for deposit into the
 4781  Pari-mutuel Wagering Trust Fund; and any funds in the Florida
 4782  Standardbred Breeders and Owners Association account shall be
 4783  immediately paid to the department division for deposit to the
 4784  Pari-mutuel Wagering Trust Fund. The department division shall
 4785  authorize payment from these funds to any breeder, stallion
 4786  owner, or owner of a Florida-bred standardbred horse entitled to
 4787  an award that has not been previously paid by the Florida
 4788  Standardbred Breeders and Owners Association in accordance with
 4789  the applicable rate.
 4790         (j) The board of directors of the Florida Standardbred
 4791  Breeders and Owners Association may authorize the release of up
 4792  to 25 percent of the funds available for breeders’ awards,
 4793  stallion awards, stallion stakes, additional purses, and prizes
 4794  for, and for the general promotion of owning and breeding of,
 4795  Florida-bred standardbred horses to be used for purses for, and
 4796  promotion of, Florida-bred standardbred horses at race meetings
 4797  at which there is no pari-mutuel wagering unless, and to the
 4798  extent that, such release would render the funds available for
 4799  such awards insufficient to pay the breeders’ and stallion
 4800  awards earned pursuant to the annual plan of the association.
 4801  Any such funds so released and used for purses are not
 4802  considered to be an “announced gross purse” as that term is used
 4803  in paragraphs (a) and (b), and no breeders’ or stallion awards,
 4804  stallion stakes, or owner awards are required to be paid for
 4805  standardbred horses winning races in meetings at which there is
 4806  no pari-mutuel wagering. The amount of purses to be paid from
 4807  funds so released and the meets eligible to receive such funds
 4808  for purses must be approved by the board of directors of the
 4809  Florida Standardbred Breeders and Owners Association.
 4810         (5)(a) Except as provided in subsections (7) and (8), each
 4811  permitholder conducting a quarter horse race meet under this
 4812  chapter shall pay a sum equal to the breaks plus a sum equal to
 4813  1 percent of all pari-mutuel pools conducted during that race
 4814  for supplementing and augmenting purses and prizes and for the
 4815  general promotion of owning and breeding of racing quarter
 4816  horses in this state as authorized in this section. The Florida
 4817  Quarter Horse Breeders and Owners Association is authorized to
 4818  receive these payments from the permitholders and make payments
 4819  as authorized in this subsection. The Florida Quarter Horse
 4820  Breeders and Owners Association, Inc., referred to in this
 4821  chapter as the Florida Quarter Horse Breeders and Owners
 4822  Association, has the right to withhold up to 10 percent of the
 4823  permitholder’s payments under this section and under s. 550.2633
 4824  as a fee for administering these payments. The permitholder
 4825  shall remit these payments to the Florida Quarter Horse Breeders
 4826  and Owners Association by the 5th day of each calendar month for
 4827  such sums accruing during the preceding calendar month and shall
 4828  report such payments to the department division as prescribed by
 4829  the department division. With the exception of the 5-percent fee
 4830  for administering the payments, the moneys paid by the
 4831  permitholders shall be maintained in a separate, interest
 4832  bearing account.
 4833         (b) The Florida Quarter Horse Breeders and Owners
 4834  Association shall use these funds solely for supplementing and
 4835  augmenting purses and prizes and for the general promotion of
 4836  owning and breeding of racing quarter horses in this state and
 4837  for general administration of the Florida Quarter Horse Breeders
 4838  and Owners Association, Inc., in this state.
 4839         (c) In order for an owner or breeder of a Florida-bred
 4840  quarter horse to be eligible to receive an award, the horse
 4841  winning a race must have been registered as a Florida-bred horse
 4842  with the Florida Quarter Horse Breeders and Owners Association
 4843  and a registration certificate under seal for the winning horse
 4844  must show that the winning horse has been duly registered prior
 4845  to the race as a Florida-bred horse as evidenced by the seal and
 4846  proper serial number of the Florida Quarter Horse Breeders and
 4847  Owners Association registry. The Department of Agriculture and
 4848  Consumer Services is authorized to assist the association in
 4849  maintaining this registry. The Florida Quarter Horse Breeders
 4850  and Owners Association may charge the registrant a reasonable
 4851  fee for this verification and registration. Any person who
 4852  registers unqualified horses or misrepresents information in any
 4853  way shall be denied any future participation in breeders’
 4854  awards, and all horses misrepresented will no longer be deemed
 4855  to be Florida-bred.
 4856         (d) A permitholder conducting a quarter horse race under a
 4857  quarter horse permit under this chapter shall, within 30 days
 4858  after the end of the race meet during which the race is
 4859  conducted, certify to the Florida Quarter Horse Breeders and
 4860  Owners Association such information relating to the horse
 4861  winning a stakes or other horserace at the meet as may be
 4862  required to determine the eligibility for payment of breeders’
 4863  awards under this section.
 4864         (e) The Florida Quarter Horse Breeders and Owners
 4865  Association shall maintain complete records showing the starters
 4866  and winners in all quarter horse races conducted under quarter
 4867  horse permits in this state; shall maintain complete records
 4868  showing awards earned, received, and distributed; and may charge
 4869  the owner, owners, or breeder a reasonable fee for this service.
 4870         (f) The Florida Quarter Horse Breeders and Owners
 4871  Association shall keep accurate records showing receipts and
 4872  disbursements of payments made under this section and shall
 4873  annually file a full and complete report to the department
 4874  division showing such receipts and disbursements and the sums
 4875  withheld for administration. The department division may audit
 4876  the records and accounts of the Florida Quarter Horse Breeders
 4877  and Owners Association to determine that payments have been made
 4878  in accordance with this section.
 4879         (g) The Florida Quarter Horse Breeders and Owners
 4880  Association shall annually establish a plan for supplementing
 4881  and augmenting purses and prizes and for the general promotion
 4882  of owning and breeding Florida-bred racing quarter horses and
 4883  shall make award payments and allocations in strict compliance
 4884  with the annual plan. The annual plan must be approved by the
 4885  department division before implementation. If the funds in the
 4886  account for payment of purses and prizes are not sufficient to
 4887  meet all purses and prizes to be awarded, those breeders and
 4888  owners not receiving payments have first call on any subsequent
 4889  receipts in that or any subsequent year.
 4890         (h) If the department division finds that the Florida
 4891  Quarter Horse Breeders and Owners Association has not complied
 4892  with any provision of this section, the department division may
 4893  order the association to cease and desist from receiving funds
 4894  and administering funds received under this section and s.
 4895  550.2633. If the department division enters such an order, the
 4896  permitholder shall make the payments authorized in this section
 4897  and s. 550.2633 to the department division for deposit into the
 4898  Pari-mutuel Wagering Trust Fund, and any funds in the Florida
 4899  Quarter Horse Breeders and Owners Association account shall be
 4900  immediately paid to the department division for deposit to the
 4901  Pari-mutuel Wagering Trust Fund. The department division shall
 4902  authorize payment from these funds to any breeder or owner of a
 4903  quarter horse entitled to an award that has not been previously
 4904  paid by the Florida Quarter Horse Breeders and Owners
 4905  Association pursuant to in accordance with this section.
 4906         (6)(a) The takeout may be used for the payment of awards to
 4907  owners of registered Florida-bred horses placing first in a
 4908  claiming race, an allowance race, a maiden special race, or a
 4909  stakes race in which the announced purse, exclusive of entry and
 4910  starting fees and added moneys, does not exceed $40,000.
 4911         (b) The permitholder shall determine for each qualified
 4912  race the amount of the owners’ award for which a registered
 4913  Florida-bred horse will be eligible. The amount of the available
 4914  owners’ award shall be established in the same manner in which
 4915  purses are established and shall be published in the condition
 4916  book for the period during which the race is to be conducted. No
 4917  single award may exceed 50 percent of the gross purse for the
 4918  race won.
 4919         (c) If the moneys generated under paragraph (a) during the
 4920  meet exceed the owners’ awards earned during the meet, the
 4921  excess funds shall be held in a separate interest-bearing
 4922  account, and the total interest and principal shall be used to
 4923  increase the owners’ awards during the permitholder’s next meet.
 4924         (d) Breeders’ awards authorized by subsections (3) and (4)
 4925  may not be paid on owners’ awards.
 4926         (e) This subsection governs owners’ awards paid on
 4927  thoroughbred horse races only in this state, unless a written
 4928  agreement is filed with the department division establishing the
 4929  rate, procedures, and eligibility requirements for owners’
 4930  awards, including place of finish, class of race, maximum purse,
 4931  and maximum award, and the agreement is entered into by the
 4932  permitholder, the Florida Thoroughbred Breeders’ Association,
 4933  and the association representing a majority of the racehorse
 4934  owners and trainers at the permitholder’s location.
 4935         (7)(a) Each permitholder that conducts race meets under
 4936  this chapter and runs Appaloosa races shall pay to the
 4937  department division a sum equal to the breaks plus a sum equal
 4938  to 1 percent of the total contributions to each pari-mutuel pool
 4939  conducted on each Appaloosa race. The payments shall be remitted
 4940  to the department division by the 5th day of each calendar month
 4941  for sums accruing during the preceding calendar month.
 4942         (b) The department division shall deposit these collections
 4943  to the credit of the General Inspection Trust Fund in a special
 4944  account to be known as the “Florida Appaloosa Racing Promotion
 4945  Account.” The Department of Agriculture and Consumer Services
 4946  shall administer the funds and adopt suitable and reasonable
 4947  rules for the administration thereof. The moneys in the Florida
 4948  Appaloosa Racing Promotion Account shall be allocated solely for
 4949  supplementing and augmenting purses and prizes and for the
 4950  general promotion of owning and breeding of racing Appaloosas in
 4951  this state; and the moneys may not be used to defray any expense
 4952  of the Department of Agriculture and Consumer Services in the
 4953  administration of this chapter.
 4954         (8) Each permitholder that conducts race meets under this
 4955  chapter and runs Arabian horse races shall pay to the department
 4956  division a sum equal to the breaks plus a sum equal to 1 percent
 4957  of the total contributions to each pari-mutuel pool conducted on
 4958  each Arabian horse race. The payments shall be remitted to the
 4959  department division by the 5th day of each calendar month for
 4960  sums accruing during the preceding calendar month.
 4961         Section 56. Section 550.26352, Florida Statutes, is amended
 4962  to read:
 4963         550.26352 Breeders’ Cup Meet; pools authorized; conflicts;
 4964  taxes; credits; transmission of races; rules; application.—
 4965         (1) Notwithstanding any provision of this chapter to the
 4966  contrary, there is hereby created a special thoroughbred race
 4967  meet that which shall be designated as the “Breeders’ Cup Meet.”
 4968  The Breeders’ Cup Meet shall be conducted at the facility of the
 4969  Florida permitholder selected by Breeders’ Cup Limited to
 4970  conduct the Breeders’ Cup Meet. The Breeders’ Cup Meet shall
 4971  consist of 3 days: the day on which the Breeders’ Cup races are
 4972  conducted, the preceding day, and the subsequent day. Upon the
 4973  selection of the Florida permitholder as host for the Breeders’
 4974  Cup Meet and application by the selected permitholder, the
 4975  department division shall issue a license to the selected
 4976  permitholder to operate the Breeders’ Cup Meet. Notwithstanding
 4977  s. 550.09515(2)(a), the Breeders’ Cup Meet may be conducted on
 4978  dates when which the selected permitholder is not otherwise
 4979  authorized to conduct a race meet.
 4980         (2) The permitholder conducting the Breeders’ Cup Meet is
 4981  specifically authorized to create pari-mutuel pools during the
 4982  Breeders’ Cup Meet by accepting pari-mutuel wagers on the
 4983  thoroughbred horse races run during the said meet.
 4984         (3) If the permitholder conducting the Breeders’ Cup Meet
 4985  is located within 35 miles of one or more permitholders
 4986  scheduled to conduct a thoroughbred race meet on any of the 3
 4987  days of the Breeders’ Cup Meet, then operation on any of those 3
 4988  days by the other permitholders is prohibited. As compensation
 4989  for the loss of racing days caused thereby, such operating
 4990  permitholders shall receive a credit against the taxes otherwise
 4991  due and payable to the state under ss. 550.0951 and 550.09515.
 4992  This credit shall be in an amount equal to the operating loss
 4993  determined to have been suffered by the operating permitholders
 4994  as a result of not operating on the prohibited racing days, but
 4995  may shall not exceed a total of $950,000. The determination of
 4996  the amount to be credited shall be made by the department
 4997  division upon application by the operating permitholder. The tax
 4998  credits provided in this subsection are shall not be available
 4999  unless an operating permitholder is required to close a bona
 5000  fide meet consisting in part of no fewer than 10 scheduled
 5001  performances in the 15 days immediately preceding or 10
 5002  scheduled performances in the 15 days immediately following the
 5003  Breeders’ Cup Meet. Such tax credit shall be in lieu of any
 5004  other compensation or consideration for the loss of racing days.
 5005  There shall be no replacement or makeup of any lost racing days.
 5006         (4) Notwithstanding any provision of ss. 550.0951 and
 5007  550.09515, the permitholder conducting the Breeders’ Cup Meet
 5008  shall pay no taxes on the handle included in within the
 5009  permitholder’s pari-mutuel pools of said permitholder during the
 5010  Breeders’ Cup Meet.
 5011         (5) The permitholder conducting the Breeders’ Cup Meet
 5012  shall receive a credit against the taxes otherwise due and
 5013  payable to the state under ss. 550.0951 and 550.09515 generated
 5014  during the said permitholder’s next ensuing regular thoroughbred
 5015  race meet. This credit shall be in an amount not to exceed
 5016  $950,000 and shall be used utilized by the permitholder to pay
 5017  the purses offered by the permitholder during the Breeders’ Cup
 5018  Meet in excess of the purses that which the permitholder is
 5019  otherwise required by law to pay. The amount to be credited
 5020  shall be determined by the department division upon application
 5021  of the permitholder which is subject to audit by the department
 5022  division.
 5023         (6) The permitholder conducting the Breeders’ Cup Meet
 5024  shall receive a credit against the taxes otherwise due and
 5025  payable to the state under ss. 550.0951 and 550.09515 generated
 5026  during the said permitholder’s next ensuing regular thoroughbred
 5027  race meet. This credit shall be in an amount not to exceed
 5028  $950,000 and shall be utilized by the permitholder for such
 5029  capital improvements and extraordinary expenses as may be
 5030  necessary for operation of the Breeders’ Cup Meet. The amount to
 5031  be credited shall be determined by the department division upon
 5032  application of the permitholder which is subject to audit by the
 5033  department division.
 5034         (7) The permitholder conducting the Breeders’ Cup Meet is
 5035  shall be exempt from the payment of purses and other payments to
 5036  horsemen on all on-track, intertrack, interstate, and
 5037  international wagers or rights fees or payments arising
 5038  therefrom for all races for which the purse is paid or supplied
 5039  by Breeders’ Cup Limited. The permitholder conducting the
 5040  Breeders’ Cup Meet is shall not, however, be exempt from
 5041  breeders’ awards payments for on-track and intertrack wagers as
 5042  provided in ss. 550.2625(3) and 550.625(2)(a) for races in which
 5043  the purse is paid or supplied by Breeders’ Cup Limited.
 5044         (8)(a) Pursuant to s. 550.3551(2), the permitholder
 5045  conducting the Breeders’ Cup Meet may is authorized to transmit
 5046  broadcasts of the races conducted during the Breeders’ Cup Meet
 5047  to locations outside of this state for wagering purposes. The
 5048  department division may approve broadcasts to pari-mutuel
 5049  permitholders and other betting systems authorized under the
 5050  laws of any other state or country. Wagers accepted by any out
 5051  of-state pari-mutuel permitholder or betting system on any races
 5052  broadcast under this section may be, but are not required to be,
 5053  commingled with the pari-mutuel pools of the permitholder
 5054  conducting the Breeders’ Cup Meet. The calculation of any payoff
 5055  on national pari-mutuel pools with commingled wagers may be
 5056  performed by the permitholder’s totalisator contractor at a
 5057  location outside of this state. Pool amounts from wagers placed
 5058  at pari-mutuel facilities or other betting systems in foreign
 5059  countries before being commingled with the pari-mutuel pool of
 5060  the Florida permitholder conducting the Breeders’ Cup Meet shall
 5061  be calculated by the totalisator contractor and transferred to
 5062  the commingled pool in United States currency in cycles
 5063  customarily used by the permitholder. Pool amounts from wagers
 5064  placed at any foreign pari-mutuel facility or other betting
 5065  system may shall not be commingled with a Florida pool until a
 5066  determination is made by the department division that the
 5067  technology utilized by the totalisator contractor is adequate to
 5068  assure commingled pools will result in the calculation of
 5069  accurate payoffs to Florida bettors. Any totalisator contractor
 5070  at a location outside of this state shall comply with the
 5071  provisions of s. 550.495 relating to totalisator licensing.
 5072         (b) The permitholder conducting the Breeders’ Cup Meet may
 5073  is authorized to transmit broadcasts of the races conducted
 5074  during the Breeders’ Cup Meet to other pari-mutuel facilities
 5075  located in this state for wagering purposes; however, the
 5076  permitholder conducting the Breeders’ Cup Meet is shall not be
 5077  required to transmit broadcasts to any pari-mutuel facility
 5078  located within 25 miles of the facility at which the Breeders’
 5079  Cup Meet is conducted.
 5080         (9) The exemption from the tax credits provided in
 5081  subsections (5) and (6) may shall not be granted and may shall
 5082  not be claimed by the permitholder until an audit is completed
 5083  by the department division. The department division is required
 5084  to complete the audit within 30 days of receipt of the necessary
 5085  documentation from the permitholder to verify the permitholder’s
 5086  claim for tax credits. If the documentation submitted by the
 5087  permitholder is incomplete or is insufficient to document the
 5088  permitholder’s claim for tax credits, the department division
 5089  may request such additional documentation as is necessary to
 5090  complete the audit. Upon receipt of the department’s division’s
 5091  written request for additional documentation, the 30-day time
 5092  limitation will commence anew.
 5093         (10) The department may division is authorized to adopt
 5094  such rules as are necessary to facilitate the conduct of the
 5095  Breeders’ Cup Meet, including as authorized in this section.
 5096  Included within this grant of authority shall be the adoption or
 5097  waiver of rules regarding the overall conduct of racing during
 5098  the Breeders’ Cup Meet so as to ensure the integrity of the
 5099  races, licensing for all participants, special stabling and
 5100  training requirements for foreign horses, commingling of pari
 5101  mutuel pools, and audit requirements for tax credits and other
 5102  benefits.
 5103         (11) Any dispute between the department division and any
 5104  permitholder regarding the tax credits authorized under
 5105  subsection (3), subsection (5), or subsection (6) shall be
 5106  determined by a hearing officer of the Division of
 5107  Administrative Hearings under the provisions of s. 120.57(1).
 5108         (12) The provisions of This section prevails shall prevail
 5109  over any conflicting provisions of this chapter.
 5110         Section 57. Section 550.2704, Florida Statutes, is amended
 5111  to read:
 5112         550.2704 Jai Alai Tournament of Champions Meet.—
 5113         (1) Notwithstanding any provision of this chapter, there is
 5114  hereby created a special jai alai meet that which shall be
 5115  designated as the “Jai Alai Tournament of Champions Meet” and
 5116  which shall be hosted by the Florida jai alai permitholders
 5117  selected by the National Association of Jai Alai Frontons, Inc.,
 5118  to conduct such meet. The meet shall consist of three qualifying
 5119  performances and a final performance, each of which is to be
 5120  conducted on different days. Upon the selection of the Florida
 5121  permitholders for the meet, and upon application by the selected
 5122  permitholders, the department Division of Pari-mutuel Wagering
 5123  shall issue a license to each of the selected permitholders to
 5124  operate the meet. The meet may be conducted during a season in
 5125  which the permitholders selected to conduct the meet are not
 5126  otherwise authorized to conduct a meet. Notwithstanding anything
 5127  herein to the contrary, any Florida permitholder who is to
 5128  conduct a performance that which is a part of the Jai Alai
 5129  Tournament of Champions Meet is shall not be required to apply
 5130  for the license for the said meet if it is to be run during the
 5131  regular season for which such permitholder has a license.
 5132         (2) Qualifying performances and the final performance of
 5133  the tournament shall be held at different locations throughout
 5134  the state, and the permitholders selected shall be under
 5135  different ownership to the extent possible.
 5136         (3) Notwithstanding any provision of this chapter, each of
 5137  the permitholders licensed to conduct performances comprising
 5138  the Jai Alai Tournament of Champions Meet shall pay no taxes on
 5139  handle under s. 550.0951 or s. 550.09511 for any performance
 5140  conducted by such permitholder as part of the Jai Alai
 5141  Tournament of Champions Meet. The provisions of this subsection
 5142  shall apply to a maximum of four performances.
 5143         (4) The Jai Alai Tournament of Champions Meet permitholders
 5144  shall also receive a credit against the taxes, otherwise due and
 5145  payable under s. 550.0951 or s. 550.09511, generated during the
 5146  said permitholders’ current regular meet. This credit shall be
 5147  in the aggregate amount of $150,000, shall be prorated equally
 5148  between the permitholders, and shall be used utilized by the
 5149  permitholders solely to supplement awards for the performance
 5150  conducted during the Jai Alai Tournament of Champions Meet. All
 5151  awards shall be paid to the tournament’s participating players
 5152  no later than 30 days following the conclusion of the said Jai
 5153  Alai Tournament of Champions Meet.
 5154         (5) In addition to the credit authorized in subsection (4),
 5155  the Jai Alai Tournament of Champions Meet permitholders shall
 5156  receive a credit against the taxes, otherwise due and payable
 5157  under s. 550.0951 or s. 550.09511, generated during the said
 5158  permitholders’ current regular meet, in an amount not to exceed
 5159  the aggregate amount of $150,000, which shall be prorated
 5160  equally between the permitholders, and shall be used utilized by
 5161  the permitholders for such capital improvements and
 5162  extraordinary expenses, including marketing expenses, as may be
 5163  necessary for the operation of the meet. The determination of
 5164  the amount to be credited shall be made by the department
 5165  division upon application by the of said permitholders.
 5166         (6) The permitholder is shall be entitled to a said
 5167  permitholder’s pro rata share of the $150,000 tax credit
 5168  provided in subsection (5) without having to make application,
 5169  so long as appropriate documentation to substantiate the said
 5170  expenditures thereunder is provided to the department division
 5171  within 30 days following said Jai Alai Tournament of Champions
 5172  Meet.
 5173         (7) A No Jai Alai Tournament of Champions Meet may not
 5174  shall exceed 4 days in any state fiscal year, and only no more
 5175  than one performance may shall be conducted on any one day of
 5176  the meet. There shall be Only one Jai Alai Tournament of
 5177  Champions Meet may occur in any state fiscal year.
 5178         (8) The department may division is authorized to adopt such
 5179  rules as are necessary to facilitate the conduct of the Jai Alai
 5180  Tournament of Champions Meet, including as authorized in this
 5181  section. Included within this grant of authority shall be the
 5182  adoption of rules regarding the overall conduct of the
 5183  tournament so as to ensure the integrity of the event, licensing
 5184  for participants, commingling of pari-mutuel pools, and audit
 5185  requirements for tax credits and exemptions.
 5186         (9) The provisions of This section prevails shall prevail
 5187  over any conflicting provisions of this chapter.
 5188         Section 58. Subsections (3) and (5) of section 550.334,
 5189  Florida Statutes, are amended to read:
 5190         550.334 Quarter horse racing; substitutions.—
 5191         (3) Quarter horses participating in such races must be duly
 5192  registered by the American Quarter Horse Association, and before
 5193  each race such horses must be examined and declared in fit
 5194  condition by a qualified person designated by the department
 5195  division.
 5196         (5) Any quarter horse racing permitholder operating under a
 5197  valid permit issued by the department division is authorized to
 5198  substitute races of other breeds of horses which are,
 5199  respectively, registered with the American Paint Horse
 5200  Association, Appaloosa Horse Club, Arabian Horse Registry of
 5201  America, Palomino Horse Breeders of America, United States
 5202  Trotting Association, Florida Cracker Horse Association, or
 5203  Jockey Club for no more than 50 percent of the quarter horse
 5204  races during its meet.
 5205         Section 59. Section 550.3355, Florida Statutes, is amended
 5206  to read:
 5207         550.3355 Harness track licenses for summer quarter horse
 5208  racing.—Any harness track licensed to operate under the
 5209  provisions of s. 550.375 may make application for, and shall be
 5210  issued by the department division, a license to operate not more
 5211  than 50 quarter horse racing days during the summer season,
 5212  which shall extend from July 1 until October 1 of each year.
 5213  However, this license to operate quarter horse racing for 50
 5214  days is in addition to the racing days and dates provided in s.
 5215  550.375 for harness racing during the winter seasons; and, it
 5216  does not affect the right of such licensee to operate harness
 5217  racing at the track as provided in s. 550.375 during the winter
 5218  season. All provisions of this chapter governing quarter horse
 5219  racing not in conflict herewith apply to the operation of
 5220  quarter horse meetings authorized hereunder, except that all
 5221  quarter horse racing permitted hereunder shall be conducted at
 5222  night.
 5223         Section 60. Subsections (3), (4), and (5) of section
 5224  550.3615, Florida Statutes, are amended to read:
 5225         550.3615 Bookmaking on the grounds of a permitholder;
 5226  penalties; reinstatement; duties of track employees; penalty;
 5227  exceptions.—
 5228         (3) Any person who has been convicted of bookmaking in this
 5229  state or any other state of the United States or any foreign
 5230  country shall be denied admittance to and may shall not attend
 5231  any racetrack or fronton in this state during its racing seasons
 5232  or operating dates, including any practice or preparational
 5233  days, for a period of 2 years after the date of conviction or
 5234  the date of final appeal. Following the conclusion of the period
 5235  of ineligibility, the department director of the division may
 5236  authorize the reinstatement of an individual following a hearing
 5237  on readmittance. Any such person who knowingly violates this
 5238  subsection commits is guilty of a misdemeanor of the first
 5239  degree, punishable as provided in s. 775.082 or s. 775.083.
 5240         (4) If the activities of a person show that this law is
 5241  being violated, and such activities are either witnessed or are
 5242  common knowledge by any track or fronton employee, it is the
 5243  duty of that employee to bring the matter to the immediate
 5244  attention of the permitholder, manager, or her or his designee,
 5245  who shall notify a law enforcement agency having jurisdiction.
 5246  Willful failure on the part of any track or fronton employee to
 5247  comply with the provisions of this subsection is a ground for
 5248  the department division to suspend or revoke that employee’s
 5249  license for track or fronton employment.
 5250         (5) Each permittee shall display, in conspicuous places at
 5251  a track or fronton and in all race and jai alai daily programs,
 5252  a warning to all patrons concerning the prohibition and
 5253  penalties of bookmaking contained in this section and s. 849.25.
 5254  The department division shall adopt rules concerning the uniform
 5255  size of all warnings and the number of placements throughout a
 5256  track or fronton. Failure on the part of the permittee to
 5257  display such warnings may result in the imposition of a $500
 5258  fine by the department division for each offense.
 5259         Section 61. Section 550.495, Florida Statutes, is amended
 5260  to read:
 5261         550.495 Totalisator licensing.—
 5262         (1) A totalisator may not be operated at a pari-mutuel
 5263  facility in this state, or at a facility located in or out of
 5264  this state which is used as the primary totalisator for a race
 5265  or game conducted in this state, unless the totalisator company
 5266  possesses a business license issued by the department division.
 5267         (2)(a) Each totalisator company must apply to the
 5268  department division for an annual business license. The
 5269  application must include such information as the department
 5270  division by rule requires.
 5271         (b) As a part of its license application, each totalisator
 5272  company must agree in writing to pay to the department division
 5273  an amount equal to the loss of any state revenues from missed or
 5274  canceled races, games, or performances due to acts of the
 5275  totalisator company or its agents or employees or failures of
 5276  the totalisator system, except for circumstances beyond the
 5277  control of the totalisator company or agent or employee, as
 5278  determined by the department division.
 5279         (c) Each totalisator company must file with the department
 5280  division a performance bond, acceptable to the department
 5281  division, in the sum of $250,000 issued by a surety approved by
 5282  the department division or must file proof of insurance,
 5283  acceptable to the department division, against financial loss in
 5284  the amount of $250,000, insuring the state against such a
 5285  revenue loss.
 5286         (d) In the event of a loss of state tax revenues, the
 5287  department division shall determine:
 5288         1. The estimated revenue lost as a result of missed or
 5289  canceled races, games, or performances;
 5290         2. The number of races, games, or performances which is
 5291  practicable for the permitholder to conduct in an attempt to
 5292  mitigate the revenue loss; and
 5293         3. The amount of the revenue loss which the makeup races,
 5294  games, or performances will not recover and for which the
 5295  totalisator company is liable.
 5296         (e) Upon the making of such determinations, the department
 5297  division shall issue to the totalisator company and to the
 5298  affected permitholder an order setting forth the determinations
 5299  of the department division.
 5300         (f) If the order is contested by either the totalisator
 5301  company or any affected permitholder, the provisions of chapter
 5302  120 applies apply. If the totalisator company contests the order
 5303  on the grounds that the revenue loss was due to circumstances
 5304  beyond its control, the totalisator company has the burden of
 5305  proving that circumstances vary in fact beyond its control. For
 5306  purposes of this paragraph, strikes and acts of God are beyond
 5307  the control of the totalisator company.
 5308         (g) Upon the failure of the totalisator company to make the
 5309  payment found to be due the state, the department division may
 5310  cause the forfeiture of the bond or may proceed against the
 5311  insurance contract, and the proceeds of the bond or contract
 5312  shall be deposited into the Pari-mutuel Wagering Trust Fund. If
 5313  that bond was not posted or insurance obtained, the department
 5314  division may proceed against any assets of the totalisator
 5315  company to collect the amounts due under this subsection.
 5316         (3) If the applicant meets the requirements of this section
 5317  and department division rules and pays the license fee, the
 5318  department must division shall issue the license.
 5319         (4) Each totalisator company shall conduct operations in
 5320  accordance with rules adopted by the department division, in
 5321  such form, content, and frequency as the department division by
 5322  rule determines.
 5323         (5) The department division and its representatives may
 5324  enter and inspect any area of the premises of a licensed
 5325  totalisator company, and may examine totalisator records, during
 5326  the licensee’s regular business or operating hours.
 5327         Section 62. Section 550.505, Florida Statutes, is amended
 5328  to read:
 5329         550.505 Nonwagering permits.—
 5330         (1)(a) Except as provided in this section, permits and
 5331  licenses issued by the department division are intended to be
 5332  used for pari-mutuel wagering operations in conjunction with
 5333  horseraces, dograces, or jai alai performances.
 5334         (b) Subject to the requirements of this section, the
 5335  department may division is authorized to issue permits for the
 5336  conduct of horseracing meets without pari-mutuel wagering or any
 5337  other form of wagering being conducted in conjunction therewith.
 5338  Such permits shall be known as nonwagering permits and may be
 5339  issued only for horseracing meets. A horseracing permitholder
 5340  need not obtain an additional permit from the department
 5341  division for conducting nonwagering racing under this section,
 5342  but must apply to the department division for the issuance of a
 5343  license under this section. The holder of a nonwagering permit
 5344  is prohibited from conducting pari-mutuel wagering or any other
 5345  form of wagering in conjunction with racing conducted under the
 5346  permit. Nothing in This subsection does not prohibit prohibits
 5347  horseracing for any stake, purse, prize, or premium.
 5348         (c) The holder of a nonwagering permit is exempt from the
 5349  provisions of s. 550.105 and is exempt from the imposition of
 5350  daily license fees and admission tax.
 5351         (2)(a) Any person not prohibited from holding any type of
 5352  pari-mutuel permit under s. 550.1815 may shall be allowed to
 5353  apply to the department division for a nonwagering permit. The
 5354  applicant must demonstrate that the location or locations where
 5355  the nonwagering permit will be used are available for such use
 5356  and that the applicant has the financial ability to satisfy the
 5357  reasonably anticipated operational expenses of the first racing
 5358  year following final issuance of the nonwagering permit. If the
 5359  racing facility is already built, the application must contain a
 5360  statement, with reasonable supporting evidence, that the
 5361  nonwagering permit will be used for horseracing within 1 year
 5362  after the date on which it is granted. If the facility is not
 5363  already built, the application must contain a statement, with
 5364  reasonable supporting evidence, that substantial construction
 5365  will be started within 1 year after the issuance of the
 5366  nonwagering permit.
 5367         (b) The department division may conduct an eligibility
 5368  investigation to determine if the applicant meets the
 5369  requirements of paragraph (a).
 5370         (3)(a) Upon receipt of a nonwagering permit, the
 5371  permitholder must apply to the department division before June 1
 5372  of each year for an annual nonwagering license for the next
 5373  succeeding calendar year. Such application must set forth the
 5374  days and locations at which the permitholder will conduct
 5375  nonwagering horseracing and must indicate any changes in
 5376  ownership or management of the permitholder occurring since the
 5377  date of application for the prior license.
 5378         (b) On or before August 1 of each year, the department
 5379  division shall issue a license authorizing the nonwagering
 5380  permitholder to conduct nonwagering horseracing during the
 5381  succeeding calendar year during the period and for the number of
 5382  days set forth in the application, subject to all other
 5383  provisions of this section.
 5384         (c) The department division may conduct an eligibility
 5385  investigation to determine the qualifications of any new
 5386  ownership or management interest in the permit.
 5387         (4) Upon the approval of racing dates by the department
 5388  division, the department division shall issue an annual
 5389  nonwagering license to the nonwagering permitholder.
 5390         (5) Only horses registered with an established breed
 5391  registration organization, which organization shall be approved
 5392  by the department division, shall be raced at any race meeting
 5393  authorized by this section.
 5394         (6) The department division may order any person
 5395  participating in a nonwagering meet to cease and desist from
 5396  participating in such meet if it the division determines the
 5397  person to be not of good moral character in accordance with s.
 5398  550.1815. The department division may order the operators of a
 5399  nonwagering meet to cease and desist from operating the meet if
 5400  the department division determines the meet is being operated
 5401  for any illegal purpose.
 5402         Section 63. Subsection (1) of section 550.5251, Florida
 5403  Statutes, is amended to read:
 5404         550.5251 Florida thoroughbred racing; certain permits;
 5405  operating days.—
 5406         (1) Each thoroughbred permitholder shall annually, during
 5407  the period commencing December 15 of each year and ending
 5408  January 4 of the following year, file in writing with the
 5409  department division its application to conduct one or more
 5410  thoroughbred racing meetings during the thoroughbred racing
 5411  season commencing on the following July 1. Each application
 5412  shall specify the number and dates of all performances that the
 5413  permitholder intends to conduct during that thoroughbred racing
 5414  season. On or before March 15 of each year, the department
 5415  division shall issue a license authorizing each permitholder to
 5416  conduct performances on the dates specified in its application.
 5417  Up to February 28 of each year, each permitholder may request
 5418  and shall be granted changes in its authorized performances; but
 5419  thereafter, as a condition precedent to the validity of its
 5420  license and its right to retain its permit, each permitholder
 5421  must operate the full number of days authorized on each of the
 5422  dates set forth in its license.
 5423         Section 64. Subsection (3) of section 550.625, Florida
 5424  Statutes, is amended to read:
 5425         550.625 Intertrack wagering; purses; breeders’ awards.—If a
 5426  host track is a horse track:
 5427         (3) The payment to a breeders’ organization shall be
 5428  combined with any other amounts received by the respective
 5429  breeders’ and owners’ associations as so designated. Each
 5430  breeders’ and owners’ association receiving these funds shall be
 5431  allowed to withhold the same percentage as set forth in s.
 5432  550.2625 to be used for administering the payment of awards and
 5433  for the general promotion of their respective industries. If the
 5434  total combined amount received for thoroughbred breeders’ awards
 5435  exceeds 15 percent of the purse required to be paid under
 5436  subsection (1), the breeders’ and owners’ association, as so
 5437  designated, notwithstanding any other provision of law, shall
 5438  submit a plan to the department division for approval which
 5439  would use the excess funds in promoting the breeding industry by
 5440  increasing the purse structure for Florida-breds. Preference
 5441  shall be given to the track generating such excess.
 5442         Section 65. Subsection (2) of section 550.70, Florida
 5443  Statutes, is amended to read:
 5444         550.70 Jai alai general provisions; chief court judges
 5445  required; extension of time to construct fronton; amateur jai
 5446  alai contests permitted under certain conditions; playing days’
 5447  limitations; locking of pari-mutuel machines.—
 5448         (2) The time within which the holder of a ratified permit
 5449  for jai alai or pelota has to construct and complete a fronton
 5450  may be extended by the department division for a period of 24
 5451  months after the date of the issuance of the permit, anything to
 5452  the contrary in any statute notwithstanding.
 5453         Section 66. Subsection (3) of section 550.902, Florida
 5454  Statutes, is amended to read:
 5455         550.902 Purposes.—The purposes of this compact are to:
 5456         (3) Authorize the Department of Gaming Business and
 5457  Professional Regulation to participate in this compact.
 5458         Section 67. Subsection (1) of section 550.907, Florida
 5459  Statutes, is amended to read:
 5460         550.907 Compact committee.—
 5461         (1) There is created an interstate governmental entity to
 5462  be known as the “compact committee,” which shall be composed of
 5463  one official from the racing commission, or the equivalent
 5464  thereof, in each party state who shall be appointed, serve, and
 5465  be subject to removal in accordance with the laws of the party
 5466  state that she or he represents. The official from Florida shall
 5467  be appointed by the Gaming Commission Secretary of Business and
 5468  Professional Regulation. Pursuant to the laws of her or his
 5469  party state, each official shall have the assistance of her or
 5470  his state’s racing commission, or the equivalent thereof, in
 5471  considering issues related to licensing of participants in pari
 5472  mutuel wagering and in fulfilling her or his responsibilities as
 5473  the representative from her or his state to the compact
 5474  committee.
 5475         Section 68. Section 551.103, Florida Statutes, is amended
 5476  to read:
 5477         551.103 Powers and duties of the department division and
 5478  law enforcement.—
 5479         (1) The department division shall adopt, pursuant to the
 5480  provisions of ss. 120.536(1) and 120.54, all rules necessary to
 5481  implement, administer, and regulate slot machine gaming as
 5482  authorized in this chapter. Such rules must include:
 5483         (a) Procedures for applying for a slot machine license and
 5484  renewal of a slot machine license.
 5485         (b) Technical requirements and the qualifications contained
 5486  in this chapter which that are necessary to receive a slot
 5487  machine license or slot machine occupational license.
 5488         (c) Procedures to scientifically test and technically
 5489  evaluate slot machines for compliance with this chapter. The
 5490  department division may contract with an independent testing
 5491  laboratory to conduct any necessary testing under this section.
 5492  The independent testing laboratory must have a national
 5493  reputation and be which is demonstrably competent and qualified
 5494  to scientifically test and evaluate slot machines for compliance
 5495  with this chapter and to otherwise perform the functions
 5496  assigned to it in this chapter. An independent testing
 5497  laboratory may shall not be owned or controlled by a licensee.
 5498  The use of an independent testing laboratory for any purpose
 5499  related to the conduct of slot machine gaming by a licensee
 5500  under this chapter must shall be made from a list of one or more
 5501  laboratories approved by the department division.
 5502         (d) Procedures relating to slot machine revenues, including
 5503  verifying and accounting for such revenues, auditing, and
 5504  collecting taxes and fees consistent with this chapter.
 5505         (e) Procedures for regulating, managing, and auditing the
 5506  operation, financial data, and program information relating to
 5507  slot machine gaming which that allow the department division and
 5508  the Department of Law Enforcement to audit the operation,
 5509  financial data, and program information of a slot machine
 5510  licensee, as required by the department division or the
 5511  Department of Law Enforcement, and provide the department
 5512  division and the Department of Law Enforcement with the ability
 5513  to monitor, at any time on a real-time basis, wagering patterns,
 5514  payouts, tax collection, and compliance with any rules adopted
 5515  by the department division for the regulation and control of
 5516  slot machines operated under this chapter. Such continuous and
 5517  complete access, at any time on a real-time basis, shall include
 5518  the ability of either the department division or the Department
 5519  of Law Enforcement to suspend play immediately on particular
 5520  slot machines if monitoring of the facilities-based computer
 5521  system indicates possible tampering or manipulation of those
 5522  slot machines or the ability to suspend play immediately of the
 5523  entire operation if the tampering or manipulation is of the
 5524  computer system itself. The department division shall notify the
 5525  Department of Law Enforcement or the Department of Law
 5526  Enforcement shall notify the department division, as
 5527  appropriate, whenever there is a suspension of play under this
 5528  paragraph. The department division and the Department of Law
 5529  Enforcement shall exchange such information necessary for and
 5530  cooperate in the investigation of the circumstances requiring
 5531  suspension of play under this paragraph.
 5532         (f) Procedures for requiring each licensee at his or her
 5533  own cost and expense to supply the department division with a
 5534  bond having the penal sum of $2 million payable to the Governor
 5535  and his or her successors in office for each year of the
 5536  licensee’s slot machine operations. Any bond shall be issued by
 5537  a surety or sureties approved by the department division and the
 5538  Chief Financial Officer, conditioned to faithfully make the
 5539  payments to the Chief Financial Officer in his or her capacity
 5540  as treasurer of the department division. The licensee shall be
 5541  required to keep its books and records and make reports as
 5542  provided in this chapter and to conduct its slot machine
 5543  operations in conformity with this chapter and all other
 5544  provisions of law. Such bond shall be separate and distinct from
 5545  the bond required in s. 550.125.
 5546         (g) Procedures for requiring licensees to maintain
 5547  specified records and submit any data, information, record, or
 5548  report, including financial and income records, required by this
 5549  chapter or determined by the department division to be necessary
 5550  to the proper implementation and enforcement of this chapter.
 5551         (h) A requirement that the payout percentage of a slot
 5552  machine be no less than 85 percent.
 5553         (i) Minimum standards for security of the facilities,
 5554  including floor plans, security cameras, and other security
 5555  equipment.
 5556         (j) Procedures for requiring slot machine licensees to
 5557  implement and establish drug-testing programs for all slot
 5558  machine occupational licensees.
 5559         (2) The department division shall conduct such
 5560  investigations necessary to fulfill its responsibilities under
 5561  the provisions of this chapter.
 5562         (3) The Department of Law Enforcement and local law
 5563  enforcement agencies shall have concurrent jurisdiction to
 5564  investigate criminal violations of this chapter and may
 5565  investigate any other criminal violation of law occurring at the
 5566  facilities of a slot machine licensee, and such investigations
 5567  may be conducted in conjunction with the appropriate state
 5568  attorney.
 5569         (4)(a) The department division, the Department of Law
 5570  Enforcement, and local law enforcement agencies shall have
 5571  unrestricted access to the slot machine licensee’s facility at
 5572  all times and shall require of each slot machine licensee strict
 5573  compliance with the laws of this state relating to the
 5574  transaction of such business. The department division, the
 5575  Department of Law Enforcement, and local law enforcement
 5576  agencies may:
 5577         1. Inspect and examine premises where slot machines are
 5578  offered for play.
 5579         2. Inspect slot machines and related equipment and
 5580  supplies.
 5581         (b) In addition, the department division may:
 5582         1. Collect taxes, assessments, fees, and penalties.
 5583         2. Deny, revoke, suspend, or place conditions on the
 5584  license of a person who violates any provision of this chapter
 5585  or rule adopted pursuant thereto.
 5586         (5) The department division shall revoke or suspend the
 5587  license of any person who is no longer qualified or who is
 5588  found, after receiving a license, to have been unqualified at
 5589  the time of application for the license.
 5590         (6) This section does not:
 5591         (a) Prohibit the Department of Law Enforcement or any law
 5592  enforcement authority whose jurisdiction includes a licensed
 5593  facility from conducting investigations of criminal activities
 5594  occurring at the facility of the slot machine licensee;
 5595         (b) Restrict access to the slot machine licensee’s facility
 5596  by the Department of Law Enforcement or any local law
 5597  enforcement authority whose jurisdiction includes the slot
 5598  machine licensee’s facility; or
 5599         (c) Restrict access by the Department of Law Enforcement or
 5600  local law enforcement authorities to information and records
 5601  necessary to the investigation of criminal activity which that
 5602  are contained within the slot machine licensee’s facility.
 5603         Section 69. Section 551.1045, Florida Statutes, is amended
 5604  to read:
 5605         551.1045 Temporary licenses.—
 5606         (1) Notwithstanding any provision of s. 120.60 to the
 5607  contrary, the department division may issue a temporary
 5608  occupational license upon the receipt of a complete application
 5609  from the applicant and a determination that the applicant has
 5610  not been convicted of or had adjudication withheld on any
 5611  disqualifying criminal offense. The temporary occupational
 5612  license remains valid until such time as the department division
 5613  grants an occupational license or notifies the applicant of its
 5614  intended decision to deny the applicant a license pursuant to
 5615  the provisions of s. 120.60. The department division shall adopt
 5616  rules to administer this subsection. However, not more than one
 5617  temporary license may be issued for any person in any year.
 5618         (2) A temporary license issued under this section is
 5619  nontransferable.
 5620         Section 70. Subsection (3) of section 551.105, Florida
 5621  Statutes, is amended to read:
 5622         551.105 Slot machine license renewal.—
 5623         (3) Upon determination by the department division that the
 5624  application for renewal is complete and qualifications have been
 5625  met, including payment of the renewal fee, the slot machine
 5626  license shall be renewed annually.
 5627         Section 71. Section 551.107, Florida Statutes, is amended
 5628  to read:
 5629         551.107 Slot machine occupational license; findings;
 5630  application; fee.—
 5631         (1) The Legislature finds that individuals and entities
 5632  that are licensed under this section require heightened state
 5633  scrutiny, including the submission by the individual licensees
 5634  or persons associated with the entities described in this
 5635  chapter of fingerprints for a criminal history record check.
 5636         (2)(a) The following slot machine occupational licenses
 5637  shall be issued to persons or entities that, by virtue of the
 5638  positions they hold, might be granted access to slot machine
 5639  gaming areas or to any other person or entity in one of the
 5640  following categories:
 5641         1. General occupational licenses for general employees,
 5642  including food service, maintenance, and other similar service
 5643  and support employees having access to the slot machine gaming
 5644  area.
 5645         2. Professional occupational licenses for any person,
 5646  proprietorship, partnership, corporation, or other entity that
 5647  is authorized by a slot machine licensee to manage, oversee, or
 5648  otherwise control daily operations as a slot machine manager, a
 5649  floor supervisor, security personnel, or any other similar
 5650  position of oversight of gaming operations, or any person who is
 5651  not an employee of the slot machine licensee and who provides
 5652  maintenance, repair, or upgrades or otherwise services a slot
 5653  machine or other slot machine equipment.
 5654         3. Business occupational licenses for any slot machine
 5655  management company or company associated with slot machine
 5656  gaming, any person who manufactures, distributes, or sells slot
 5657  machines, slot machine paraphernalia, or other associated
 5658  equipment to slot machine licensees, or any company that sells
 5659  or provides goods or services associated with slot machine
 5660  gaming to slot machine licensees.
 5661         (b) The department division may issue one license to
 5662  combine licenses under this section with pari-mutuel
 5663  occupational licenses and cardroom licenses pursuant to s.
 5664  550.105(2)(b). The department division shall adopt rules
 5665  pertaining to occupational licenses under this subsection. Such
 5666  rules may specify, but need not be limited to, requirements and
 5667  restrictions for licensed occupations and categories, procedures
 5668  to apply for any license or combination of licenses,
 5669  disqualifying criminal offenses for a licensed occupation or
 5670  categories of occupations, and which types of occupational
 5671  licenses may be combined into a single license under this
 5672  section. The fingerprinting requirements of subsection (7) apply
 5673  to any combination license that includes slot machine license
 5674  privileges under this section. The department division may not
 5675  adopt a rule allowing the issuance of an occupational license to
 5676  any person who does not meet the minimum background
 5677  qualifications under this section.
 5678         (c) Slot machine occupational licenses are not
 5679  transferable.
 5680         (3) A slot machine licensee may not employ or otherwise
 5681  allow a person to work at a licensed facility unless such person
 5682  holds the appropriate valid occupational license. A slot machine
 5683  licensee may not contract or otherwise do business with a
 5684  business required to hold a slot machine occupational license
 5685  unless the business holds such a license. A slot machine
 5686  licensee may not employ or otherwise allow a person to work in a
 5687  supervisory or management professional level at a licensed
 5688  facility unless such person holds a valid slot machine
 5689  occupational license. All slot machine occupational licensees,
 5690  while present in slot machine gaming areas, shall display on
 5691  their persons their occupational license identification cards.
 5692         (4)(a) A person seeking a slot machine occupational license
 5693  or renewal thereof shall make application on forms prescribed by
 5694  the department division and include payment of the appropriate
 5695  application fee. Initial and renewal applications for slot
 5696  machine occupational licenses must contain all information that
 5697  the department division, by rule, determines is required to
 5698  ensure eligibility.
 5699         (b) A slot machine license or combination license is valid
 5700  for the same term as a pari-mutuel occupational license issued
 5701  pursuant to s. 550.105(1).
 5702         (c) Pursuant to rules adopted by the department division,
 5703  any person may apply for and, if qualified, be issued a slot
 5704  machine occupational license valid for a period of 3 years upon
 5705  payment of the full occupational license fee for each of the 3
 5706  years for which the license is issued. The slot machine
 5707  occupational license is valid during its specified term at any
 5708  licensed facility where slot machine gaming is authorized to be
 5709  conducted.
 5710         (d) The slot machine occupational license fee for initial
 5711  application and annual renewal shall be determined by rule of
 5712  the department division but may not exceed $50 for a general or
 5713  professional occupational license for an employee of the slot
 5714  machine licensee or $1,000 for a business occupational license
 5715  for nonemployees of the licensee providing goods or services to
 5716  the slot machine licensee. License fees for general occupational
 5717  licensees shall be paid by the slot machine licensee. Failure to
 5718  pay the required fee constitutes grounds for disciplinary action
 5719  by the department division against the slot machine licensee,
 5720  but it is not a violation of this chapter or rules of the
 5721  department division by the general occupational licensee and
 5722  does not prohibit the initial issuance or the renewal of the
 5723  general occupational license.
 5724         (5) The department division may:
 5725         (a) Deny an application for, or revoke, suspend, or place
 5726  conditions or restrictions on, a license of a person or entity
 5727  that has been refused a license by any other state gaming
 5728  commission, governmental department, agency, or other authority
 5729  exercising regulatory jurisdiction over the gaming of another
 5730  state or jurisdiction; or
 5731         (b) Deny an application for, or suspend or place conditions
 5732  on, a license of any person or entity that is under suspension
 5733  or has unpaid fines in another state or jurisdiction.
 5734         (6)(a) The department division may deny, suspend, revoke,
 5735  or refuse to renew any slot machine occupational license if the
 5736  applicant for such license or the licensee has violated the
 5737  provisions of this chapter or the rules of the department
 5738  division governing the conduct of persons connected with slot
 5739  machine gaming. In addition, the department division may deny,
 5740  suspend, revoke, or refuse to renew any slot machine
 5741  occupational license if the applicant for such license or the
 5742  licensee has been convicted in this state, in any other state,
 5743  or under the laws of the United States of a capital felony, a
 5744  felony, or an offense in any other state which that would be a
 5745  felony under the laws of this state involving arson; trafficking
 5746  in, conspiracy to traffic in, smuggling, importing, conspiracy
 5747  to smuggle or import, or delivery, sale, or distribution of a
 5748  controlled substance; racketeering; or a crime involving a lack
 5749  of good moral character, or has had a gaming license revoked by
 5750  this state or any other jurisdiction for any gaming-related
 5751  offense.
 5752         (b) The department division may deny, revoke, or refuse to
 5753  renew any slot machine occupational license if the applicant for
 5754  such license or the licensee has been convicted of a felony or
 5755  misdemeanor in this state, in any other state, or under the laws
 5756  of the United States if such felony or misdemeanor is related to
 5757  gambling or bookmaking as described in s. 849.25.
 5758         (c) For purposes of this subsection, the term “convicted”
 5759  means having been found guilty, with or without adjudication of
 5760  guilt, as a result of a jury verdict, nonjury trial, or entry of
 5761  a plea of guilty or nolo contendere.
 5762         (7) Fingerprints for all slot machine occupational license
 5763  applications shall be taken in a manner approved by the
 5764  department division and shall be submitted electronically to the
 5765  Department of Law Enforcement for state processing and the
 5766  Federal Bureau of Investigation for national processing for a
 5767  criminal history record check. All persons as specified in s.
 5768  550.1815(1)(a) employed by or working within a licensed premises
 5769  shall submit fingerprints for a criminal history record check
 5770  and may not have been convicted of any disqualifying criminal
 5771  offenses specified in subsection (6). Department Division
 5772  employees and law enforcement officers assigned by their
 5773  employing agencies to work within the premises as part of their
 5774  official duties are excluded from the criminal history record
 5775  check requirements under this subsection. For purposes of this
 5776  subsection, the term “convicted” means having been found guilty,
 5777  with or without adjudication of guilt, as a result of a jury
 5778  verdict, nonjury trial, or entry of a plea of guilty or nolo
 5779  contendere.
 5780         (a) Fingerprints shall be taken in a manner approved by the
 5781  department division upon initial application, or as required
 5782  thereafter by rule of the department division, and shall be
 5783  submitted electronically to the Department of Law Enforcement
 5784  for state processing. The Department of Law Enforcement shall
 5785  forward the fingerprints to the Federal Bureau of Investigation
 5786  for national processing. The results of the criminal history
 5787  record check shall be returned to the department division for
 5788  purposes of screening. Licensees shall provide necessary
 5789  equipment approved by the Department of Law Enforcement to
 5790  facilitate such electronic submission. The department division
 5791  requirements under this subsection shall be instituted in
 5792  consultation with the Department of Law Enforcement.
 5793         (b) The cost of processing fingerprints and conducting a
 5794  criminal history record check for a general occupational license
 5795  shall be borne by the slot machine licensee. The cost of
 5796  processing fingerprints and conducting a criminal history record
 5797  check for a business or professional occupational license shall
 5798  be borne by the person being checked. The Department of Law
 5799  Enforcement may submit an invoice to the department division for
 5800  the cost of fingerprints submitted each month.
 5801         (c) All fingerprints submitted to the Department of Law
 5802  Enforcement and required by this section shall be retained by
 5803  the Department of Law Enforcement and entered into the statewide
 5804  automated biometric identification system as authorized by s.
 5805  943.05(2)(b) and shall be available for all purposes and uses
 5806  authorized for arrest fingerprints entered into the statewide
 5807  automated biometric identification system pursuant to s.
 5808  943.051.
 5809         (d) The Department of Law Enforcement shall search all
 5810  arrest fingerprints received pursuant to s. 943.051 against the
 5811  fingerprints retained in the statewide automated biometric
 5812  identification system under paragraph (c). Any arrest record
 5813  that is identified with the retained fingerprints of a person
 5814  subject to the criminal history screening requirements of this
 5815  section shall be reported to the department division. Each
 5816  licensed facility shall pay a fee to the department division for
 5817  the cost of retention of the fingerprints and the ongoing
 5818  searches under this paragraph. The department division shall
 5819  forward the payment to the Department of Law Enforcement. The
 5820  amount of the fee to be imposed for performing these searches
 5821  and the procedures for the retention of licensee fingerprints
 5822  shall be as established by rule of the Department of Law
 5823  Enforcement. The department division shall inform the Department
 5824  of Law Enforcement of any change in the license status of
 5825  licensees whose fingerprints are retained under paragraph (c).
 5826         (e) The department division shall request the Department of
 5827  Law Enforcement to forward the fingerprints to the Federal
 5828  Bureau of Investigation for a national criminal history records
 5829  check every 3 years following issuance of a license. If the
 5830  fingerprints of a person who is licensed have not been retained
 5831  by the Department of Law Enforcement, the person must file a
 5832  complete set of fingerprints as provided for in paragraph (a).
 5833  The department division shall collect the fees for the cost of
 5834  the national criminal history record check under this paragraph
 5835  and shall forward the payment to the Department of Law
 5836  Enforcement. The cost of processing fingerprints and conducting
 5837  a criminal history record check under this paragraph for a
 5838  general occupational license shall be borne by the slot machine
 5839  licensee. The cost of processing fingerprints and conducting a
 5840  criminal history record check under this paragraph for a
 5841  business or professional occupational license shall be borne by
 5842  the person being checked. The Department of Law Enforcement may
 5843  submit an invoice to the department division for the cost of
 5844  fingerprints submitted each month. Under penalty of perjury,
 5845  each person who is licensed or who is fingerprinted as required
 5846  by this section must agree to inform the department division
 5847  within 48 hours if he or she is convicted of or has entered a
 5848  plea of guilty or nolo contendere to any disqualifying offense,
 5849  regardless of adjudication.
 5850         (8) All moneys collected pursuant to this section shall be
 5851  deposited into the Pari-mutuel Wagering Trust Fund.
 5852         (9) The department division may deny, revoke, or suspend
 5853  any occupational license if the applicant or holder of the
 5854  license accumulates unpaid obligations, defaults in obligations,
 5855  or issues drafts or checks that are dishonored or for which
 5856  payment is refused without reasonable cause.
 5857         (10) The department division may fine or suspend, revoke,
 5858  or place conditions upon the license of any licensee who
 5859  provides false information under oath regarding an application
 5860  for a license or an investigation by the department division.
 5861         (11) The department division may impose a civil fine of up
 5862  to $5,000 for each violation of this chapter or the rules of the
 5863  department division in addition to or in lieu of any other
 5864  penalty provided for in this section. The department division
 5865  may adopt a penalty schedule for violations of this chapter or
 5866  any rule adopted pursuant to this chapter for which it would
 5867  impose a fine in lieu of a suspension and adopt rules allowing
 5868  for the issuance of citations, including procedures to address
 5869  such citations, to persons who violate such rules. In addition
 5870  to any other penalty provided by law, the department division
 5871  may exclude from all licensed slot machine facilities in this
 5872  state, for a period not to exceed the period of suspension,
 5873  revocation, or ineligibility, any person whose occupational
 5874  license application has been declared ineligible to hold an
 5875  occupational license or whose occupational license has been
 5876  suspended or revoked by the department division.
 5877         Section 72. Section 551.108, Florida Statutes, is amended
 5878  to read:
 5879         551.108 Prohibited relationships.—
 5880         (1) A person employed by or performing any function on
 5881  behalf of the department division may not:
 5882         (a) Be an officer, director, owner, or employee of any
 5883  person or entity licensed by the department division.
 5884         (b) Have or hold any interest, direct or indirect, in or
 5885  engage in any commerce or business relationship with any person
 5886  licensed by the department division.
 5887         (2) A manufacturer or distributor of slot machines may not
 5888  enter into any contract with a slot machine licensee which that
 5889  provides for any revenue sharing of any kind or nature or which
 5890  that is directly or indirectly calculated on the basis of a
 5891  percentage of slot machine revenues. Any maneuver, shift, or
 5892  device whereby this subsection is violated is a violation of
 5893  this chapter and renders any such agreement void.
 5894         (3) A manufacturer or distributor of slot machines or any
 5895  equipment necessary for the operation of slot machines or an
 5896  officer, director, or employee of any such manufacturer or
 5897  distributor may not have any ownership or financial interest in
 5898  a slot machine license or in any business owned by the slot
 5899  machine licensee.
 5900         (4) An employee of the department division or relative
 5901  living in the same household as the such employee of the
 5902  department division may not wager at any time on a slot machine
 5903  located at a facility licensed by the department division.
 5904         (5) An occupational licensee or relative living in the same
 5905  household as such occupational licensee may not wager at any
 5906  time on a slot machine located at a facility where that person
 5907  is employed.
 5908         Section 73. Subsections (2) and (7) of section 551.109,
 5909  Florida Statutes, are amended to read:
 5910         551.109 Prohibited acts; penalties.—
 5911         (2) Except as otherwise provided by law and in addition to
 5912  any other penalty, any person who possesses a slot machine
 5913  without the license required by this chapter or who possesses a
 5914  slot machine at any location other than at the slot machine
 5915  licensee’s facility is subject to an administrative fine or
 5916  civil penalty of up to $10,000 per machine. The prohibition in
 5917  this subsection does not apply to:
 5918         (a) Slot machine manufacturers or slot machine distributors
 5919  that hold appropriate licenses issued by the department division
 5920  who are authorized to maintain a slot machine storage and
 5921  maintenance facility at any location in a county in which slot
 5922  machine gaming is authorized by this chapter. The department
 5923  division may adopt rules regarding security and access to the
 5924  storage facility and inspections by the department division.
 5925         (b) Certified educational facilities that are authorized to
 5926  maintain slot machines for the sole purpose of education and
 5927  licensure, if any, of slot machine technicians, inspectors, or
 5928  investigators. The department division and the Department of Law
 5929  Enforcement may possess slot machines for training and testing
 5930  purposes. The department division may adopt rules regarding the
 5931  regulation of any such slot machines used for educational,
 5932  training, or testing purposes.
 5933         (7) All penalties imposed and collected under this section
 5934  must be deposited into the Pari-mutuel Wagering Trust Fund of
 5935  the Department of Business and Professional Regulation.
 5936         Section 74. Section 551.112, Florida Statutes, is amended
 5937  to read:
 5938         551.112 Exclusions of certain persons.—In addition to the
 5939  power to exclude certain persons from any facility of a slot
 5940  machine licensee in this state, the department division may
 5941  exclude any person from any facility of a slot machine licensee
 5942  in this state for conduct that would constitute, if the person
 5943  were a licensee, a violation of this chapter or the rules of the
 5944  department division. The department division may exclude from
 5945  any facility of a slot machine licensee any person who has been
 5946  ejected from a facility of a slot machine licensee in this state
 5947  or who has been excluded from any facility of a slot machine
 5948  licensee or gaming facility in another state by the governmental
 5949  department, agency, commission, or authority exercising
 5950  regulatory jurisdiction over the gaming in such other state.
 5951  This section does not abrogate the common law right of a slot
 5952  machine licensee to exclude a patron absolutely in this state.
 5953         Section 75. Section 551.117, Florida Statutes, is amended
 5954  to read:
 5955         551.117 Penalties.—The department division may revoke or
 5956  suspend any slot machine license issued under this chapter upon
 5957  the willful violation by the slot machine licensee of any
 5958  provision of this chapter or of any rule adopted under this
 5959  chapter. In lieu of suspending or revoking a slot machine
 5960  license, the department division may impose a civil penalty
 5961  against the slot machine licensee for a violation of this
 5962  chapter or any rule adopted by the department division. Except
 5963  as otherwise provided in this chapter, the penalty so imposed
 5964  may not exceed $100,000 for each count or separate offense. All
 5965  penalties imposed and collected must be deposited into the Pari
 5966  mutuel Wagering Trust Fund of the Department of Business and
 5967  Professional Regulation.
 5968         Section 76. Section 551.118, Florida Statutes, is amended
 5969  to read:
 5970         551.118 Compulsive or addictive gambling prevention
 5971  program.—
 5972         (1) The slot machine licensee shall offer training to
 5973  employees on responsible gaming and shall work with a compulsive
 5974  or addictive gambling prevention program to recognize problem
 5975  gaming situations and to implement responsible gaming programs
 5976  and practices.
 5977         (2) The department division shall, subject to competitive
 5978  bidding, contract for provision of services related to the
 5979  prevention of compulsive and addictive gambling. The contract
 5980  shall provide for an advertising program to encourage
 5981  responsible gaming practices and to publicize a gambling
 5982  telephone help line. Such advertisements must be made both
 5983  publicly and inside the designated slot machine gaming areas of
 5984  the licensee’s facilities. The terms of any contract for the
 5985  provision of such services shall include accountability
 5986  standards that must be met by any private provider. The failure
 5987  of any private provider to meet any material terms of the
 5988  contract, including the accountability standards, shall
 5989  constitute a breach of contract or grounds for nonrenewal. The
 5990  department division may consult with the Department of the
 5991  Lottery in the development of the program and the development
 5992  and analysis of any procurement for contractual services for the
 5993  compulsive or addictive gambling prevention program.
 5994         (3) The compulsive or addictive gambling prevention program
 5995  shall be funded from an annual nonrefundable regulatory fee of
 5996  $250,000 paid by the licensee to the department division.
 5997         Section 77. Section 551.122, Florida Statutes, is amended
 5998  to read:
 5999         551.122 Rulemaking.—The department division may adopt rules
 6000  pursuant to ss. 120.536(1) and 120.54 to administer the
 6001  provisions of this chapter.
 6002         Section 78. Section 551.123, Florida Statutes, is amended
 6003  to read:
 6004         551.123 Legislative authority; administration of chapter.
 6005  The Legislature finds and declares that it has exclusive
 6006  authority over the conduct of all wagering occurring at a slot
 6007  machine facility in this state. As provided by law, only the
 6008  Department of Gaming Division of Pari-mutuel Wagering and other
 6009  authorized state agencies shall administer this chapter and
 6010  regulate the slot machine gaming industry, including operation
 6011  of slot machine facilities, games, slot machines, and
 6012  facilities-based computer systems authorized in this chapter and
 6013  the rules adopted by the department division.
 6014         Section 79. Subsection (5) of section 565.02, Florida
 6015  Statutes, is amended to read:
 6016         565.02 License fees; vendors; clubs; caterers; and others.—
 6017         (5) A caterer at a horse or dog racetrack or jai alai
 6018  fronton may obtain a license upon the payment of an annual state
 6019  license tax of $675. Such caterer’s license shall permit sales
 6020  only within the enclosure in which such races or jai alai games
 6021  are conducted, and such licensee shall be permitted to sell only
 6022  during the period beginning 10 days before and ending 10 days
 6023  after racing or jai alai under the authority of the Division of
 6024  Pari-mutuel Wagering of the Department of Gaming Business and
 6025  Professional Regulation is conducted at such racetrack or jai
 6026  alai fronton. Except as otherwise provided in this subsection
 6027  otherwise provided, caterers licensed hereunder shall be treated
 6028  as vendors licensed to sell by the drink the beverages mentioned
 6029  herein and shall be subject to all the provisions hereof
 6030  relating to such vendors.
 6031         Section 80. Section 817.37, Florida Statutes, is amended to
 6032  read:
 6033         817.37 Touting; defining; providing punishment; ejection
 6034  from racetracks.—
 6035         (1) Any person who knowingly and designedly by false
 6036  representation attempts to, or does persuade, procure, or cause
 6037  another person to wager on a horse in a race to be run in this
 6038  state or elsewhere, and upon which money is wagered in this
 6039  state, and who asks or demands compensation as a reward for
 6040  information or purported information given in such case is a
 6041  tout, and commits is guilty of touting.
 6042         (2) Any person who is a tout, or who attempts or conspires
 6043  to commit touting, commits shall be guilty of a misdemeanor of
 6044  the second degree, punishable as provided in s. 775.082 or s.
 6045  775.083.
 6046         (3) Any person who in the commission of touting falsely
 6047  uses the name of any official of the Department of Gaming
 6048  Florida Division of Pari-mutuel Wagering, its inspectors or
 6049  attaches, or of any official of any racetrack association, or
 6050  the names of any owner, trainer, jockey, or other person
 6051  licensed by the Department of Gaming Florida Division of Pari
 6052  mutuel Wagering, as the source of any information or purported
 6053  information commits shall be guilty of a felony of the third
 6054  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 6055  775.084.
 6056         (4) Any person who has been convicted of touting by any
 6057  court, and the record of whose conviction on such charge is on
 6058  file in the office of the Department of Gaming Florida Division
 6059  of Pari-mutuel Wagering, any court of this state, or of the
 6060  Federal Bureau of Investigation, or any person who has been
 6061  ejected from any racetrack of this or any other state for
 6062  touting or practices inimical to the public interest shall be
 6063  excluded from all racetracks in this state and if such person
 6064  returns to a racetrack he or she commits shall be guilty of a
 6065  misdemeanor of the second degree, punishable as provided in s.
 6066  775.082 or s. 775.083. Any such person who refuses to leave such
 6067  track when ordered to do so by inspectors of the Department of
 6068  Gaming Florida Division of Pari-mutuel Wagering or by any peace
 6069  officer, or by an accredited attache of a racetrack or
 6070  association commits shall be guilty of a separate offense that
 6071  is which shall be a misdemeanor of the second degree, punishable
 6072  as provided in s. 775.083.
 6073         Section 81. The provisions of this act are not severable.
 6074  If this act or any portion of this act is determined to be
 6075  unconstitutional or the applicability thereof to any person or
 6076  circumstance is held invalid:
 6077         (1) Such determination shall render all other provisions or
 6078  applications of this act invalid; and
 6079         (2) This act is deemed never to have become law.
 6080         Section 82. This act shall take effect only if Senate
 6081  Proposed Bill 7074, 2016 Regular Session, or similar legislation
 6082  becomes law ratifying the Gaming Compact between the Seminole
 6083  Tribe of Florida and the State of Florida executed by the
 6084  Governor and the Seminole Tribe of Florida on December 7, 2015,
 6085  under the Indian Gaming Regulatory Act of 1988, and only if such
 6086  compact is approved or deemed approved, and not voided by the
 6087  United States Department of the Interior, and except as
 6088  otherwise expressly provided and except for this section, which
 6089  shall take effect upon becoming a law, this act shall take
 6090  effect on the date that the approved compact is published in the
 6091  Federal Register.
 6092  
 6093  ================= T I T L E  A M E N D M E N T ================
 6094  And the title is amended as follows:
 6095         Delete everything before the enacting clause
 6096  and insert:
 6097                        A bill to be entitled                      
 6098         An act relating to gaming; creating s. 20.318, F.S.;
 6099         creating the Department of Gaming; providing that the
 6100         head of the Department of Gaming is the Gaming
 6101         Commission; providing for the appointment and
 6102         composition of the commission; requiring that certain
 6103         appointees to the commission have specified areas of
 6104         experience; prohibiting a person from being appointed
 6105         to or serving as a member of the commission in certain
 6106         circumstances; providing for staggered terms for the
 6107         initial appointments of the commission; requiring the
 6108         Governor to appoint successors to the commission;
 6109         providing for the filling of vacancies on the
 6110         commission; prohibiting a member of the commission
 6111         from serving more than two full terms; providing the
 6112         headquarters of the commission; authorizing the
 6113         commission to establish field offices as necessary;
 6114         requiring the initial meeting of the commission to be
 6115         held by a specified date; requiring the members of the
 6116         commission to elect a chairman; requiring the
 6117         commission to meet at least monthly, upon the call of
 6118         the chairman or upon the call of the majority of the
 6119         commission; requiring the commission to appoint an
 6120         executive director; authorizing the executive director
 6121         to hire specified assistants and employees;
 6122         prohibiting certain persons from having a specified
 6123         financial interest, engaging in any political
 6124         activity, and engaging in specified outside
 6125         employment; requiring certain persons to file annual
 6126         financial disclosures and disclose other specified
 6127         matters; establishing divisions within the department;
 6128         defining terms; specifying powers and duties of the
 6129         department; authorizing the department to take
 6130         testimony; authorizing the department to exclude
 6131         specified persons from certain gaming establishments;
 6132         authorizing the department to conduct investigations
 6133         and collect fines; requiring the department to issue
 6134         advisory opinions under certain circumstances;
 6135         authorizing the department to employ law enforcement
 6136         officers; directing the Department of Gaming to
 6137         contract with the Department of Revenue for tax
 6138         collection and financial audit services; authorizing
 6139         the Department of Revenue to investigate certain
 6140         violations; providing licensing powers of the
 6141         Department of Gaming; transferring and reassigning
 6142         certain functions and responsibilities, including
 6143         records, personnel, property, and unexpended balances
 6144         of appropriations and other resources, from the
 6145         Division of Pari-mutuel Wagering within the Department
 6146         of Business and Professional Regulation to the
 6147         Department of Gaming by a type two transfer; providing
 6148         for the continued validity of pending judicial or
 6149         administrative actions to which the division is a
 6150         party; providing for the continued validity of lawful
 6151         orders issued by the division; transferring certain
 6152         rules created by the division to the Department of
 6153         Gaming; providing for the continued validity of
 6154         licenses, permits, and certifications issued by the
 6155         division; amending s. 20.165, F.S.; conforming
 6156         provisions to changes made by the act; amending s.
 6157         120.80, F.S.; providing exemptions for the Department
 6158         of Gaming from hearing and notice requirements;
 6159         requiring the Department of Gaming to adopt rules
 6160         establishing certain procedures; amending s. 550.002,
 6161         F.S.; redefining the term “full schedule of live
 6162         racing or games”; defining the term “video race
 6163         system”; amending s. 550.01215, F.S.; revising
 6164         provisions for applications for pari-mutuel operating
 6165         licenses; authorizing a greyhound racing permitholder
 6166         to specify certain intentions on its application;
 6167         authorizing a greyhound racing permitholder to receive
 6168         an operating license to conduct pari-mutuel wagering
 6169         activities at another permitholder’s greyhound racing
 6170         facility; limiting the number of pari-mutuel wagering
 6171         operating licenses that may be issued each year;
 6172         authorizing the Department of Gaming to approve
 6173         changes in racing dates for greyhound racing
 6174         permitholders under certain circumstances; providing
 6175         requirements for licensure of certain jai alai
 6176         permitholders; deleting a provision for conversion of
 6177         certain converted permits to jai alai permits;
 6178         amending s. 550.0251, F.S.; requiring the department
 6179         to annually report to the Governor and the
 6180         Legislature; specifying requirements for the content
 6181         of the report; amending s. 550.054, F.S.; requiring
 6182         the department to revoke a pari-mutuel wagering
 6183         operating permit under certain circumstances;
 6184         prohibiting issuance or approval of new pari-mutuel
 6185         permits after a specified date; authorizing a
 6186         permitholder to apply to the department to place a
 6187         permit in inactive status; revising provisions that
 6188         prohibit transfer or assignment of a pari-mutuel
 6189         permit; prohibiting transfer or assignment of a pari
 6190         mutuel permit or license under certain conditions;
 6191         prohibiting relocation of a pari-mutuel facility,
 6192         cardroom, or slot machine facility or conversion of
 6193         pari-mutuel permits to a different class; providing
 6194         for approval of the relocation of such permits;
 6195         deleting provisions for certain converted permits;
 6196         repealing s. 550.0555, F.S., relating to the
 6197         relocation of greyhound racing permits; repealing s.
 6198         550.0745, F.S., relating to the conversion of pari
 6199         mutuel permits to summer jai alai permits; amending s.
 6200         550.0951, F.S.; deleting provisions for certain
 6201         credits for a greyhound racing permitholder; revising
 6202         the tax on handle for live greyhound racing and
 6203         intertrack wagering if the host track is a greyhound
 6204         racing track; requiring a tax on handle and fees for
 6205         video race licensees; specifying how fees may be used
 6206         by the department and the Department of Law
 6207         Enforcement; amending s. 550.09511, F.S.; conforming a
 6208         cross-reference; amending s. 550.09512, F.S.;
 6209         providing for the revocation of certain harness horse
 6210         racing permits; specifying that a revoked permit may
 6211         not be reissued; amending s. 550.09514, F.S.; deleting
 6212         certain provisions that prohibit tax on handle until a
 6213         specified amount of tax savings have resulted;
 6214         revising purse requirements of a greyhound racing
 6215         permitholder that conducts live racing; amending s.
 6216         550.09515, F.S.; providing for the revocation of
 6217         certain thoroughbred racing permits; specifying that a
 6218         revoked permit may not be reissued; amending s.
 6219         550.1625, F.S.; deleting the requirement that a
 6220         greyhound racing permitholder pay the breaks tax;
 6221         repealing s. 550.1647, F.S., relating to unclaimed
 6222         tickets and breaks held by greyhound racing
 6223         permitholders; amending s. 550.1648, F.S.; revising
 6224         requirements for a greyhound racing permitholder to
 6225         provide a greyhound adoption booth at its facility;
 6226         requiring sterilization of greyhounds before adoption;
 6227         authorizing the fee for such sterilization to be
 6228         included in the cost of adoption; defining the term
 6229         “bona fide organization that promotes or encourages
 6230         the adoption of greyhounds”; creating s. 550.1751,
 6231         F.S.; defining terms; authorizing certain pari-mutuel
 6232         permitholders to enter into agreements to sell and
 6233         transfer permits to certain bidders; requiring that
 6234         such permits be surrendered to the department and
 6235         voided; creating s. 550.1752, F.S.; creating the
 6236         permit reduction program within the department;
 6237         providing a purpose for the program; providing for
 6238         funding for the program up to a specified maximum
 6239         amount; requiring the department to purchase pari
 6240         mutuel permits from permitholders under certain
 6241         circumstances; requiring that permitholders who wish
 6242         to make an offer to sell meet certain requirements;
 6243         requiring the department to adopt a certain form by
 6244         rule; requiring that the department establish the
 6245         value of a pari-mutuel permit based on the valuation
 6246         of one or more independent appraisers; authorizing the
 6247         department to establish a value that is lower than the
 6248         valuation of the independent appraiser; requiring the
 6249         department to accept the offers that best utilize
 6250         available funding; requiring the department to cancel
 6251         permits that it purchases through the program;
 6252         providing for expiration of the program; creating s.
 6253         550.2416, F.S.; requiring injuries to racing
 6254         greyhounds to be reported within a certain timeframe
 6255         on a form adopted by the department; requiring such
 6256         form to be completed and signed under oath or
 6257         affirmation by certain individuals; providing
 6258         penalties; specifying information that must be
 6259         included in the form; requiring the department to
 6260         maintain the forms as public records for a specified
 6261         time; specifying disciplinary action that may be taken
 6262         against a licensee of the Department of Business and
 6263         Professional Regulation who fails to report an injury
 6264         or who makes false statements on an injury form;
 6265         exempting injuries to certain animals from reporting
 6266         requirements; requiring the department to adopt rules;
 6267         amending s. 550.26165, F.S.; conforming a cross
 6268         reference; amending s. 550.3345, F.S.; revising
 6269         provisions for a permit previously converted from a
 6270         quarter horse racing permit to a limited thoroughbred
 6271         racing permit; amending s. 550.3551, F.S.; deleting a
 6272         provision that limits the number of out-of-state races
 6273         on which wagers are accepted by a greyhound racing
 6274         permitholder; deleting a provision prohibiting a
 6275         permitholder from conducting fewer than eight live
 6276         races or games under certain circumstances; deleting a
 6277         provision requiring certain permitholders to conduct a
 6278         full schedule of live racing to receive certain full
 6279         card broadcasts and accept certain wagers; amending s.
 6280         550.375, F.S.; conforming a cross-reference; amending
 6281         s. 550.615, F.S.; revising provisions relating to
 6282         intertrack wagering; amending s. 550.6305, F.S.;
 6283         revising provisions requiring that certain simulcast
 6284         signals be made available to certain permitholders;
 6285         authorizing certain permitholders of a converted
 6286         permit to accept wagers on certain rebroadcasts;
 6287         amending s. 550.6308, F.S.; revising the number of
 6288         days of thoroughbred horse sales required to obtain a
 6289         limited intertrack wagering license; revising
 6290         provisions for such wagering; amending s. 551.101,
 6291         F.S.; revising provisions that authorize slot machine
 6292         gaming at certain facilities; amending s. 551.102,
 6293         F.S.; revising definitions of the terms “eligible
 6294         facility” and “slot machine licensee” for purposes of
 6295         provisions relating to slot machines; amending s.
 6296         551.104, F.S.; providing that an application to
 6297         conduct slot machine gaming may be authorized only if
 6298         it would not trigger a reduction in revenue-sharing
 6299         under the Gaming Compact between the Seminole Tribe of
 6300         Florida and the State of Florida; specifying the
 6301         facilities that may be authorized by the department to
 6302         conduct slot machine gaming; exempting certain
 6303         greyhound racing and thoroughbred racing permitholders
 6304         from a requirement that they conduct a full schedule
 6305         of live racing as a condition of maintaining authority
 6306         to conduct slot machine gaming; requiring licensees to
 6307         withhold a specified percentage of net revenue from
 6308         specified sources; creating s. 551.1041, F.S.;
 6309         authorizing an additional slot machine license to be
 6310         issued to a pari-mutuel permitholder for a facility in
 6311         Miami-Dade County and in Palm Beach County, subject to
 6312         approval by a majority of voters in a referendum in
 6313         each county; providing for the conduct of the
 6314         referendum; establishing the process for the issuance
 6315         of new licenses; requiring that applications be made
 6316         by sealed bids to the department, subject to specified
 6317         prequalification procedures and requirements;
 6318         specifying a minimum bid amount; authorizing a
 6319         specified number of slot machines and video race
 6320         terminals for play; providing requirements for slot
 6321         machines and video race terminals; defining the term
 6322         “video race terminal”; providing requirements for the
 6323         use of net revenue withheld from certain slot machine
 6324         licensees; creating s. 551.1042, F.S.; prohibiting the
 6325         transfer of a slot machine license or relocation of a
 6326         slot machine facility; amending s. 551.106, F.S.;
 6327         deleting obsolete provisions; revising the tax rate on
 6328         slot machine revenues under certain conditions;
 6329         amending s. 551.114, F.S.; decreasing the number of
 6330         slot machines available for play at certain
 6331         facilities; requiring that specified permitholders’
 6332         designated slot machine gaming areas be located within
 6333         the eligible facility for which the initial license
 6334         was issued; amending s. 551.116, F.S.; deleting a
 6335         restriction on the number of hours that slot machine
 6336         gaming areas may be open; amending s. 551.121, F.S.;
 6337         authorizing the serving of complimentary or reduced
 6338         cost alcoholic beverages to a person playing a slot
 6339         machine; authorizing the location of an automated
 6340         teller machine or similar device within designated
 6341         slot machine gaming areas; amending s. 849.086, F.S.;
 6342         amending legislative intent; revising definitions;
 6343         authorizing certain thoroughbred racing permitholders
 6344         to operate a cardroom at a specified slot facility
 6345         under certain circumstances; deleting certain license
 6346         renewal requirements; authorizing certain cardroom
 6347         operators to offer certain designated player games;
 6348         providing limits on wagers for such games; providing
 6349         playing requirements for designated players; requiring
 6350         each seated player to be afforded the temporary
 6351         opportunity to be the designated player; prohibiting
 6352         certain persons from being designated players;
 6353         providing requirements for designated player games;
 6354         providing that the department may only approve
 6355         cardroom operators to conduct certain designated
 6356         player games; requiring certain harness horse racing
 6357         permitholders to use at least 50 percent of monthly
 6358         net proceeds in specified ways; conforming provisions
 6359         to changes made by the act; directing the department
 6360         to revoke certain pari-mutuel permits; specifying that
 6361         the revoked permits may not be reissued; amending ss.
 6362         285.710, 550.0115, 550.0235, 550.0351, 550.0651,
 6363         550.105, 550.1155, 550.125, 550.135, 550.155, 550.175,
 6364         550.1815, 550.24055, 550.2415, 550.2614, 550.2625,
 6365         550.26352, 550.2704, 550.334, 550.3355, 550.3615,
 6366         550.495, 550.505, 550.5251, 550.625, 550.70, 550.902,
 6367         550.907, 551.103, 551.1045, 551.105, 551.107, 551.108,
 6368         551.109, 551.112, 551.117, 551.118, 551.122, 551.123,
 6369         565.02, and 817.37, F.S.; conforming provisions to
 6370         changes made by the act; conforming cross-references;
 6371         deleting obsolete language; providing for
 6372         nonseverability; providing a contingent effective
 6373         date.