Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 8
       
       
       
       
       
       
                                Ì496100hÎ496100                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/23/2017           .                                
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       The Committee on Appropriations (Galvano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 24.103, Florida Statutes, is reordered
    6  and amended to read:
    7         24.103 Definitions.—As used in this act, the term:
    8         (1) “Department” means the Department of the Lottery.
    9         (6)(2) “Secretary” means the secretary of the department.
   10         (3) “Person” means any individual, firm, association, joint
   11  adventure, partnership, estate, trust, syndicate, fiduciary,
   12  corporation, or other group or combination and includes an shall
   13  include any agency or political subdivision of the state.
   14         (4) “Point-of-sale terminal” means an electronic device
   15  used to process credit card, debit card, or other similar charge
   16  card payments at retail locations which is supported by networks
   17  that enable verification, payment, transfer of funds, and
   18  logging of transactions.
   19         (2)(4) “Major procurement” means a procurement for a
   20  contract for the printing of tickets for use in any lottery
   21  game, consultation services for the startup of the lottery, any
   22  goods or services involving the official recording for lottery
   23  game play purposes of a player’s selections in any lottery game
   24  involving player selections, any goods or services involving the
   25  receiving of a player’s selection directly from a player in any
   26  lottery game involving player selections, any goods or services
   27  involving the drawing, determination, or generation of winners
   28  in any lottery game, the security report services provided for
   29  in this act, or any goods and services relating to marketing and
   30  promotion which exceed a value of $25,000.
   31         (5) “Retailer” means a person who sells lottery tickets on
   32  behalf of the department pursuant to a contract.
   33         (7)(6) “Vendor” means a person who provides or proposes to
   34  provide goods or services to the department, but does not
   35  include an employee of the department, a retailer, or a state
   36  agency.
   37         Section 2. Present subsections (19) and (20) of section
   38  24.105, Florida Statutes, are redesignated as subsections (20)
   39  and (21), respectively, and a new subsection (19) is added to
   40  that section, to read:
   41         24.105 Powers and duties of department.—The department
   42  shall:
   43         (19) Have the authority to create a program that allows a
   44  person who is at least 18 years of age to purchase a lottery
   45  ticket at a point-of-sale terminal. The department may adopt
   46  rules to administer the program. Such rules shall include, but
   47  are not limited to, the following:
   48         (a) Limiting the dollar amount of lottery tickets that a
   49  person may purchase at point-of-sale terminals;
   50         (b) Creating a process to enable a customer to restrict or
   51  prevent his or her own access to lottery tickets; and
   52         (c) Ensuring that the program is administered in a manner
   53  that does not breach the exclusivity provisions of any Indian
   54  gaming compact to which this state is a party.
   55         Section 3. Section 24.112, Florida Statutes, is amended to
   56  read:
   57         24.112 Retailers of lottery tickets; authorization of
   58  vending machines; point-of-sale terminals to dispense lottery
   59  tickets.—
   60         (1) The department shall adopt promulgate rules specifying
   61  the terms and conditions for contracting with retailers who will
   62  best serve the public interest and promote the sale of lottery
   63  tickets.
   64         (2) In the selection of retailers, the department shall
   65  consider factors such as financial responsibility, integrity,
   66  reputation, accessibility of the place of business or activity
   67  to the public, security of the premises, the sufficiency of
   68  existing retailers to serve the public convenience, and the
   69  projected volume of the sales for the lottery game involved. In
   70  the consideration of these factors, the department may require
   71  the information it deems necessary of any person applying for
   72  authority to act as a retailer. However, the department may not
   73  establish a limitation upon the number of retailers and shall
   74  make every effort to allow small business participation as
   75  retailers. It is the intent of the Legislature that retailer
   76  selections be based on business considerations and the public
   77  convenience and that retailers be selected without regard to
   78  political affiliation.
   79         (3) The department may shall not contract with any person
   80  as a retailer who:
   81         (a) Is less than 18 years of age.
   82         (b) Is engaged exclusively in the business of selling
   83  lottery tickets; however, this paragraph may shall not preclude
   84  the department from selling lottery tickets.
   85         (c) Has been convicted of, or entered a plea of guilty or
   86  nolo contendere to, a felony committed in the preceding 10
   87  years, regardless of adjudication, unless the department
   88  determines that:
   89         1. The person has been pardoned or the person’s civil
   90  rights have been restored;
   91         2. Subsequent to such conviction or entry of plea the
   92  person has engaged in the kind of law-abiding commerce and good
   93  citizenship that would reflect well upon the integrity of the
   94  lottery; or
   95         3. If the person is a firm, association, partnership,
   96  trust, corporation, or other entity, the person has terminated
   97  its relationship with the individual whose actions directly
   98  contributed to the person’s conviction or entry of plea.
   99         (4) The department shall issue a certificate of authority
  100  to each person with whom it contracts as a retailer for purposes
  101  of display pursuant to subsection (6). The issuance of the
  102  certificate may shall not confer upon the retailer any right
  103  apart from that specifically granted in the contract. The
  104  authority to act as a retailer may shall not be assignable or
  105  transferable.
  106         (5) A Any contract executed by the department pursuant to
  107  this section shall specify the reasons for any suspension or
  108  termination of the contract by the department, including, but
  109  not limited to:
  110         (a) Commission of a violation of this act or rule adopted
  111  pursuant thereto.
  112         (b) Failure to accurately account for lottery tickets,
  113  revenues, or prizes as required by the department.
  114         (c) Commission of any fraud, deceit, or misrepresentation.
  115         (d) Insufficient sale of tickets.
  116         (e) Conduct prejudicial to public confidence in the
  117  lottery.
  118         (f) Any material change in any matter considered by the
  119  department in executing the contract with the retailer.
  120         (6) Each Every retailer shall post and keep conspicuously
  121  displayed in a location on the premises accessible to the public
  122  its certificate of authority and, with respect to each game, a
  123  statement supplied by the department of the estimated odds of
  124  winning a some prize for the game.
  125         (7) A No contract with a retailer may not shall authorize
  126  the sale of lottery tickets at more than one location, and a
  127  retailer may sell lottery tickets only at the location stated on
  128  the certificate of authority.
  129         (8) With respect to any retailer whose rental payments for
  130  premises are contractually computed, in whole or in part, on the
  131  basis of a percentage of retail sales, and where such
  132  computation of retail sales is not explicitly defined to include
  133  sales of tickets in a state-operated lottery, the compensation
  134  received by the retailer from the department shall be deemed to
  135  be the amount of the retail sale for the purposes of such
  136  contractual compensation.
  137         (9)(a) The department may require each every retailer to
  138  post an appropriate bond as determined by the department, using
  139  an insurance company acceptable to the department, in an amount
  140  not to exceed twice the average lottery ticket sales of the
  141  retailer for the period within which the retailer is required to
  142  remit lottery funds to the department. For the first 90 days of
  143  sales of a new retailer, the amount of the bond may not exceed
  144  twice the average estimated lottery ticket sales for the period
  145  within which the retailer is required to remit lottery funds to
  146  the department. This paragraph does shall not apply to lottery
  147  tickets that which are prepaid by the retailer.
  148         (b) In lieu of such bond, the department may purchase
  149  blanket bonds covering all or selected retailers or may allow a
  150  retailer to deposit and maintain with the Chief Financial
  151  Officer securities that are interest bearing or accruing and
  152  that, with the exception of those specified in subparagraphs 1.
  153  and 2., are rated in one of the four highest classifications by
  154  an established nationally recognized investment rating service.
  155  Securities eligible under this paragraph shall be limited to:
  156         1. Certificates of deposit issued by solvent banks or
  157  savings associations organized and existing under the laws of
  158  this state or under the laws of the United States and having
  159  their principal place of business in this state.
  160         2. United States bonds, notes, and bills for which the full
  161  faith and credit of the government of the United States is
  162  pledged for the payment of principal and interest.
  163         3. General obligation bonds and notes of any political
  164  subdivision of the state.
  165         4. Corporate bonds of any corporation that is not an
  166  affiliate or subsidiary of the depositor.
  167  
  168  Such securities shall be held in trust and shall have at all
  169  times a market value at least equal to an amount required by the
  170  department.
  171         (10) Each Every contract entered into by the department
  172  pursuant to this section shall contain a provision for payment
  173  of liquidated damages to the department for any breach of
  174  contract by the retailer.
  175         (11) The department shall establish procedures by which
  176  each retailer shall account for all tickets sold by the retailer
  177  and account for all funds received by the retailer from such
  178  sales. The contract with each retailer shall include provisions
  179  relating to the sale of tickets, payment of moneys to the
  180  department, reports, service charges, and interest and
  181  penalties, if necessary, as the department shall deem
  182  appropriate.
  183         (12) No Payment by a retailer to the department for tickets
  184  may not shall be in cash. All such payments shall be in the form
  185  of a check, bank draft, electronic fund transfer, or other
  186  financial instrument authorized by the secretary.
  187         (13) Each retailer shall provide accessibility for disabled
  188  persons on habitable grade levels. This subsection does not
  189  apply to a retail location that which has an entrance door
  190  threshold more than 12 inches above ground level. As used in
  191  herein and for purposes of this subsection only, the term
  192  “accessibility for disabled persons on habitable grade levels”
  193  means that retailers shall provide ramps, platforms, aisles and
  194  pathway widths, turnaround areas, and parking spaces to the
  195  extent these are required for the retailer’s premises by the
  196  particular jurisdiction where the retailer is located.
  197  Accessibility shall be required to only one point of sale of
  198  lottery tickets for each lottery retailer location. The
  199  requirements of this subsection shall be deemed to have been met
  200  if, in lieu of the foregoing, disabled persons can purchase
  201  tickets from the retail location by means of a drive-up window,
  202  provided the hours of access at the drive-up window are not less
  203  than those provided at any other entrance at that lottery
  204  retailer location. Inspections for compliance with this
  205  subsection shall be performed by those enforcement authorities
  206  responsible for enforcement pursuant to s. 553.80 in accordance
  207  with procedures established by those authorities. Those
  208  enforcement authorities shall provide to the Department of the
  209  Lottery a certification of noncompliance for any lottery
  210  retailer not meeting such requirements.
  211         (14) The secretary may, after filing with the Department of
  212  State his or her manual signature certified by the secretary
  213  under oath, execute or cause to be executed contracts between
  214  the department and retailers by means of engraving, imprinting,
  215  stamping, or other facsimile signature.
  216         (15) A vending machine may be used to dispense online
  217  lottery tickets, instant lottery tickets, or both online and
  218  instant lottery tickets.
  219         (a) The vending machine must:
  220         1. Dispense a lottery ticket after a purchaser inserts a
  221  coin or currency in the machine.
  222         2. Be capable of being electronically deactivated for a
  223  period of 5 minutes or more.
  224         3. Be designed to prevent its use for any purpose other
  225  than dispensing a lottery ticket.
  226         (b) In order to be authorized to use a vending machine to
  227  dispense lottery tickets, a retailer must:
  228         1. Locate the vending machine in the retailer’s direct line
  229  of sight to ensure that purchases are only made by persons at
  230  least 18 years of age.
  231         2. Ensure that at least one employee is on duty when the
  232  vending machine is available for use. However, if the retailer
  233  has previously violated s. 24.1055, at least two employees must
  234  be on duty when the vending machine is available for use.
  235         (c) A vending machine that dispenses a lottery ticket may
  236  dispense change to a purchaser but may not be used to redeem any
  237  type of winning lottery ticket.
  238         (d) The vending machine, or any machine or device linked to
  239  the vending machine, may not include or make use of video reels
  240  or mechanical reels or other video depictions of slot machine or
  241  casino game themes or titles for game play. This does not
  242  preclude the use of casino game themes or titles on such tickets
  243  or signage or advertising displays on the machines.
  244         (16) The department, a retailer operating from one or more
  245  locations, or a vendor approved by the department may use a
  246  point-of-sale terminal to facilitate the sale of a lottery
  247  ticket.
  248         (a) A point-of-sale terminal must:
  249         1. Dispense a paper lottery ticket with numbers selected by
  250  the purchaser or selected randomly by the machine after the
  251  purchaser uses a credit card, debit card, or other similar
  252  charge card issued by a bank, savings association, credit union,
  253  or charge card company or issued by a retailer pursuant to part
  254  II of chapter 520 for payment;
  255         2. Recognize a valid driver license or use another age
  256  verification process approved by the department to ensure that
  257  only persons at least 18 years of age may purchase a lottery
  258  ticket;
  259         3.Process a lottery transaction through a platform that is
  260  certified or otherwise approved by the department; and
  261         4. Be in compliance with all applicable department
  262  requirements related to the lottery ticket offered for sale.
  263         (b) A point-of-sale terminal does not reveal winning
  264  numbers, which are selected at a subsequent time and different
  265  location through a drawing by the state lottery.
  266         (c) A point-of-sale terminal, or any machine or device
  267  linked to the point-of-sale terminal, may not include or make
  268  use of video reels or mechanical reels or other video depictions
  269  of slot machine or casino game themes or titles for game play.
  270  This does not preclude the use of casino game themes or titles
  271  on a lottery ticket or game or on the signage or advertising
  272  displays on the terminal.
  273         (d)A point-of-sale terminal may not be used to redeem a
  274  winning ticket.
  275         Section 4. Effective upon becoming a law, paragraph (a) of
  276  subsection (1), subsection (3), and present subsections (9),
  277  (11), and (14) of section 285.710, Florida Statutes, are
  278  amended, present subsections (4) through (14) of that section
  279  are redesignated as subsections (5) through (15), respectively,
  280  and a new subsection (4) is added to that section, to read:
  281         285.710 Compact authorization.—
  282         (1) As used in this section, the term:
  283         (a) “Compact” means the Gaming Compact between the Seminole
  284  Tribe of Florida and the State of Florida, executed on April 7,
  285  2010.
  286         (3)(a)A The gaming compact between the Seminole Tribe of
  287  Florida and the State of Florida, executed by the Governor and
  288  the Tribe on April 7, 2010, was is ratified and approved by
  289  chapter 2010-29, Laws of Florida. The Governor shall cooperate
  290  with the Tribe in seeking approval of the compact from the
  291  United States Secretary of the Interior.
  292         (b) The Gaming Compact between the Seminole Tribe of
  293  Florida and the State of Florida, which was executed by the
  294  Governor and the Tribe on December 7, 2015, shall be deemed
  295  ratified and approved only if amended as specified in subsection
  296  (4).
  297         (c) Upon approval or deemed approval by the United States
  298  Department of Interior and publication in the Federal Register,
  299  the amended Gaming Compact supersedes the gaming compact
  300  ratified and approved by chapter 2010-29, Laws of Florida. The
  301  Governor shall cooperate with the Tribe in seeking approval of
  302  the amended Gaming Compact from the United States Secretary of
  303  the Interior. The Secretary of the Department of Business and
  304  Professional Regulation is directed to notify in writing the
  305  Governor, the President of the Senate, the Speaker of the House
  306  of Representatives, and the Division of Law Revision and
  307  Information of the effective date of the compact, amended as
  308  required by this act, which has been published in the Federal
  309  Register by the Department of the Interior within 5 days after
  310  such publication.
  311         (4) The compact executed on December 7, 2015, shall be
  312  amended by an agreement between the Governor and the Tribe to:
  313         (a) Become effective after it is approved as a tribal-state
  314  compact within the meaning of the Indian Gaming Regulatory Act
  315  by action of the United States Secretary of the Interior or by
  316  operation of law under 25 U.S.C. s. 2710(d)(8), and upon
  317  publication of a notice of approval in the Federal Register
  318  under 25 U.S.C. s. 2710(d)(8)(D);
  319         (b) Require that the State of Florida and the Tribe
  320  dismiss, with prejudice, any and all pending motions for
  321  rehearing or any pending appeals arising from State of Florida
  322  v. Seminole Tribe of Florida (Consolidated Case No. 4:15cv516
  323  RH/CAS; United States District Court in and for the Northern
  324  District of Florida); and
  325         (c)Incorporate the following exceptions to the exclusivity
  326  provided to the Tribe under the gaming compact executed on
  327  December 7, 2015:
  328         1.Point-of-sale lottery ticket sales are permitted in
  329  accordance with chapter 24, as amended by this act;
  330         2.Fantasy contests conducted in accordance with ss.
  331  546.11-546.18, as created by this act;
  332         3.Slot machines operated in accordance with chapter 551,
  333  as amended by this act;
  334         4.The game of blackjack, in accordance with s. 551.1044,
  335  as created by this act;
  336         5.Designated player games of poker conducted at cardrooms
  337  in accordance with chapter 849, as amended by this act, and in
  338  compliance with Rule Chapter 61D-11, Florida Administrative
  339  Code;
  340         6.Those activities claimed to be violations of the gaming
  341  compact between the Seminole Tribe of Florida and the State of
  342  Florida, executed by the Governor and the Tribe on April 7,
  343  2010, in the legal actions consolidated and heard in State of
  344  Florida v. Seminole Tribe of Florida (Consolidated Case No.
  345  4:15cv516-RH/CAS; United States District Court in and for the
  346  Northern District of Florida); and
  347         7. All activities authorized and conducted pursuant to
  348  Florida law, as amended by this act.
  349  
  350  The incorporation of all such provisions may not impact or
  351  change the payments required to the state under part XI of the
  352  compact during the Guarantee Payment Period and the Regular
  353  Payment Period and may not change or impact the Guaranteed
  354  Minimum Compact Term Payment required to be paid to the state
  355  under the compact or any other payment required to be paid by
  356  the Tribe under the compact. The compact may not be amended to
  357  prorate or reduce any amount required to be paid to the state
  358  during the first fiscal year of the Guaranteed Payment Period or
  359  any other time during which the compact is effective, regardless
  360  of the date on which the compact becomes effective. Part XI of
  361  the compact shall be amended to delete provisions concerning
  362  payments required to be paid to the state during the Initial
  363  Payment Period.
  364         (10)(9) The moneys paid by the Tribe to the state for the
  365  benefit of exclusivity under the compact ratified by this
  366  section shall be deposited into the General Revenue Fund. Three
  367  percent of the amount paid by the Tribe to the state shall be
  368  designated as the local government share and shall be
  369  distributed as provided in subsections (10) and (11) and (12).
  370         (12)(11) Upon receipt of the annual audited revenue figures
  371  from the Tribe and completion of the calculations as provided in
  372  subsection (11) (10), the state compliance agency shall certify
  373  the results to the Chief Financial Officer and shall request the
  374  distributions to be paid from the General Revenue Fund within 30
  375  days after authorization of nonoperating budget authority
  376  pursuant to s. 216.181(12).
  377         (15)(14) Notwithstanding any other provision of state law,
  378  it is not a crime for a person to participate in the games
  379  specified in subsection (14) (13) at a tribal facility operating
  380  under the compact entered into pursuant to this section.
  381         Section 5. Subsection (14) of section 285.710, Florida
  382  Statutes, as amended by this act, is amended to read:
  383         285.710 Compact authorization.—
  384         (14) For the purpose of satisfying the requirement in 25
  385  U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
  386  under an Indian gaming compact must be permitted in the state
  387  for any purpose by any person, organization, or entity, the
  388  following class III games or other games specified in this
  389  section are hereby authorized to be conducted by the Tribe
  390  pursuant to the compact:
  391         (a) Slot machines, as defined in s. 551.102(8).
  392         (b) Banking or banked card games, including baccarat,
  393  chemin de fer, and blackjack or 21 at the tribal facilities in
  394  Broward County, Collier County, and Hillsborough County.
  395         (c) Dice games, such as craps and sic-bo.
  396         (d) Wheel games, such as roulette and big six.
  397         (e)(c) Raffles and drawings.
  398         Section 6. Subsection (4) of section 285.712, Florida
  399  Statutes, is amended to read:
  400         285.712 Tribal-state gaming compacts.—
  401         (4) Upon receipt of an act ratifying a tribal-state
  402  compact, the Secretary of State shall forward a copy of the
  403  executed compact and the ratifying act to the United States
  404  Secretary of the Interior for his or her review and approval, in
  405  accordance with 25 U.S.C. s. 2710(d)(8) s. 2710(8)(d).
  406         Section 7. Section 546.11, Florida Statutes, is created to
  407  read:
  408         546.11 Short title.—Sections 546.11-546.18 may be cited as
  409  the “Fantasy Contest Amusement Act.”
  410         Section 8. Section 546.12, Florida Statutes, is created to
  411  read:
  412         546.12 Legislative intent.—It is the intent of the
  413  Legislature to ensure public confidence in the integrity of
  414  fantasy contests and fantasy contest operators. This act is
  415  designed to strictly regulate the operators of fantasy contests
  416  and individuals who participate in such contests and to adopt
  417  consumer protections related to fantasy contests. Furthermore,
  418  the Legislature finds that fantasy contests, as that term is
  419  defined in s. 546.13, involve the skill of contest participants.
  420         Section 9. Section 546.13, Florida Statutes, is created to
  421  read:
  422         546.13 Definitions.—As used in ss. 546.11-546.18, the term:
  423         (1) “Act” means ss. 546.11-546.18.
  424         (2) “Confidential information” means information related to
  425  the playing of fantasy contests by contest participants which is
  426  obtained solely as a result of a person’s employment with, or
  427  work as an agent of, a contest operator.
  428         (3) “Contest operator” means a person or entity that offers
  429  fantasy contests for a cash prize to members of the public.
  430         (4) “Contest participant” means a person who pays an entry
  431  fee for the ability to participate in a fantasy contest offered
  432  by a contest operator.
  433         (5) “Entry fee” means the cash or cash equivalent amount
  434  that is required to be paid by a person to a contest operator to
  435  participate in a fantasy contest.
  436         (6) “Fantasy contest” means a fantasy or simulation sports
  437  game or contest offered by a contest operator or a noncommercial
  438  contest operator in which a contest participant manages a
  439  fantasy or simulation sports team composed of athletes from a
  440  professional sports organization and which meets the following
  441  conditions:
  442         (a) All prizes and awards offered to winning contest
  443  participants are established and made known to the contest
  444  participants in advance of the game or contest and their value
  445  is not determined by the number of contest participants or the
  446  amount of any fees paid by those contest participants.
  447         (b) All winning outcomes reflect the relative knowledge and
  448  skill of the contest participants and are determined
  449  predominantly by accumulated statistical results of the
  450  performance of the athletes participating in multiple real-world
  451  sporting or other events. However, a winning outcome may not be
  452  based:
  453         1. On the score, point spread, or any performance or
  454  performances of a single real-world team or any combination of
  455  such teams;
  456         2. Solely on any single performance of an individual
  457  athlete in a single real-world sporting or other event;
  458         3. On a live pari-mutuel event, as the term “pari-mutuel”
  459  is defined in s. 550.002; or
  460         4. On the performance of athletes participating in an
  461  amateur sporting event.
  462         (7) “Noncommercial contest operator” means a person who
  463  organizes and conducts a fantasy contest in which contest
  464  participants are charged entry fees for the right to
  465  participate; entry fees are collected, maintained, and
  466  distributed by the same person; and all entry fees are returned
  467  to the contest participants in the form of prizes.
  468         (8) “Office” means the Office of Contest Amusements created
  469  in s. 546.14.
  470         Section 10. Section 546.14, Florida Statutes is created to
  471  read:
  472         546.14 Office of Contest Amusements.—
  473         (1) The Office of Contest Amusements is created within the
  474  Department of Business and Professional Regulation. The office
  475  shall operate under the supervision of a senior manager exempt
  476  under s. 110.205 in the Senior Management Service appointed by
  477  the Secretary of Business and Professional Regulation.
  478         (2) The duties of the office include, but are not limited
  479  to, administering and enforcing this act and any rules adopted
  480  pursuant to this act. The office may work with department
  481  personnel as needed to assist in fulfilling its duties.
  482         (3) The office may:
  483         (a) Conduct investigations and monitor the operation and
  484  play of fantasy contests.
  485         (b) Review the books, accounts, and records of any current
  486  or former contest operator.
  487         (c) Suspend or revoke any license issued under this act,
  488  after a hearing, for any violation of state law or rule.
  489         (d) Take testimony, issue summons and subpoenas for any
  490  witness, and issue subpoenas duces tecum in connection with any
  491  matter within its jurisdiction.
  492         (e) Monitor and ensure the proper collection and
  493  safeguarding of entry fees and the payment of contest prizes in
  494  accordance with consumer protection procedures adopted pursuant
  495  to s. 546.16.
  496         (4) The office may adopt rules to implement and administer
  497  this act.
  498         Section 11. Section 546.15, Florida Statutes, is created to
  499  read:
  500         546.15 Licensing.—
  501         (1) A contest operator that offers fantasy contests for
  502  play by persons in this state must be licensed by the office to
  503  conduct fantasy contests within this state. The initial license
  504  application fee is $500,000, and the annual license renewal fee
  505  is $100,000; however, the respective fees may not exceed 10
  506  percent of the difference between the amount of entry fees
  507  collected by a contest operator from the operation of fantasy
  508  contests in this state and the amount of cash or cash
  509  equivalents paid to contest participants in this state. The
  510  office shall require the contest operator to provide written
  511  evidence of the proposed amount of entry fees and cash or cash
  512  equivalents to be paid to contest participants during the annual
  513  license period. Before renewing a license, the contest operator
  514  shall provide written evidence to the office of the actual entry
  515  fees collected and cash or cash equivalents paid to contest
  516  participants during the previous period of licensure. The
  517  contest operator shall remit to the office any difference in
  518  license fee which results from the difference between the
  519  proposed amount of entry fees and cash or cash equivalents paid
  520  to contest participants and the actual amounts collected and
  521  paid.
  522         (2) The office shall grant or deny a completed application
  523  within 120 days after receipt. A completed application that is
  524  not acted upon by the office within 120 days after receipt is
  525  deemed approved, and the office shall issue the license.
  526  Applications for a contest operator’s license are exempt from
  527  the 90-day licensure timeframe imposed in s. 120.60(1).
  528         (3) The application must include:
  529         (a) The full name of the applicant.
  530         (b) If the applicant is a corporation, the name of the
  531  state in which the applicant is incorporated and the names and
  532  addresses of the officers, directors, and shareholders who hold
  533  15 percent or more equity.
  534         (c) If the applicant is a business entity other than a
  535  corporation, the names and addresses of each principal, partner,
  536  or shareholder who holds 15 percent or more equity.
  537         (d) The names and addresses of the ultimate equitable
  538  owners of the corporation or other business entity, if different
  539  from those provided under paragraphs (b) and (c), unless the
  540  securities of the corporation or entity are registered pursuant
  541  to s. 12 of the Securities Exchange Act of 1934, 15 U.S.C. ss.
  542  78a-78kk, and:
  543         1. The corporation or entity files with the United States
  544  Securities and Exchange Commission the reports required by s. 13
  545  of that act; or
  546         2. The securities of the corporation or entity are
  547  regularly traded on an established securities market in the
  548  United States.
  549         (e) The estimated number of fantasy contests to be
  550  conducted by the applicant annually.
  551         (f) A statement of the assets and liabilities of the
  552  applicant.
  553         (g) If required by the office, the names and addresses of
  554  the officers and directors of any creditor of the applicant and
  555  of stockholders who hold more than 10 percent of the stock of
  556  the creditor.
  557         (h) For each individual listed in the application pursuant
  558  to paragraph (a), paragraph (b), paragraph (c) or paragraph (d),
  559  a full set of fingerprints to be submitted to the office or to a
  560  vendor, entity, or agency authorized by s. 943.053(13).
  561         1. The office, vendor, entity, or agency shall forward the
  562  fingerprints to the Department of Law Enforcement for state
  563  processing, and the Department of Law Enforcement shall forward
  564  the fingerprints to the Federal Bureau of Investigation for
  565  national processing.
  566         2.Fees for state and federal fingerprint processing and
  567  retention shall be borne by the applicant. The state cost for
  568  fingerprint processing shall be as provided in s. 943.053(3)(b)
  569  for records provided to persons or entities other than those
  570  specified as exceptions therein.
  571         3.Fingerprints submitted to the Department of Law
  572  Enforcement pursuant to this paragraph shall be retained by the
  573  Department of Law Enforcement as provided in s. 943.05(2)(g) and
  574  (h) and, when the Department of Law Enforcement begins
  575  participation in the program, enrolled in the Federal Bureau of
  576  Investigation’s national retained print arrest notification
  577  program. Any arrest record identified shall be reported to the
  578  department.
  579         (i) For each foreign national, such documents as necessary
  580  to allow the office to conduct criminal history records checks
  581  in the individual’s home country. The applicant must pay the
  582  full cost of processing fingerprints and required documentation.
  583  The office also may charge a $2 handling fee for each set of
  584  fingerprints submitted.
  585         (4) A person or entity is not eligible for licensure as a
  586  contest operator or for licensure renewal if an individual
  587  required to be listed pursuant to paragraph (3)(a), paragraph
  588  (3)(b), paragraph (3)(c), or paragraph (3)(d) is determined by
  589  the office, after investigation, not to be of good moral
  590  character or is found to have been convicted of a felony in this
  591  state, any offense in another jurisdiction which would be
  592  considered a felony if committed in this state, or a felony
  593  under the laws of the United States. As used in this subsection,
  594  the term “convicted” means having been found guilty, with or
  595  without adjudication of guilt, as a result of a jury verdict,
  596  nonjury trial, or entry of a plea of guilty or nolo contendere.
  597         (5)The office may suspend, revoke, or deny the license of
  598  a contest operator who fails to comply with this act or rules
  599  adopted pursuant to this act.
  600         Section 12. Section 546.16, Florida Statutes, is created to
  601  read:
  602         546.16 Consumer protection.—
  603         (1) A contest operator that charges an entry fee to contest
  604  participants shall implement procedures for fantasy contests
  605  which:
  606         (a) Prevent employees of the contest operator, and
  607  relatives living in the same household as such employees, from
  608  competing in a fantasy contest in which a cash prize is awarded.
  609         (b) Prohibit the contest operator from being a contest
  610  participant in a fantasy contest that he or she offers.
  611         (c) Prevent employees or agents of the contest operator
  612  from sharing with a third party confidential information that
  613  could affect fantasy contest play until the information has been
  614  made publicly available.
  615         (d) Verify that contest participants are 18 years of age or
  616  older.
  617         (e) Restrict an individual who is a player, a game
  618  official, or another participant in a real-world game or
  619  competition from participating in a fantasy contest that is
  620  determined, in whole or in part, on the performance of that
  621  individual, the individual’s real-world team, or the accumulated
  622  statistical results of the sport or competition in which he or
  623  she is a player, game official, or other participant.
  624         (f) Allow individuals to restrict or prevent their own
  625  access to such a fantasy contest and take reasonable steps to
  626  prevent those individuals from entering a fantasy contest.
  627         (g) Limit the number of entries a single contest
  628  participant may submit to each fantasy contest and take
  629  reasonable steps to prevent participants from submitting more
  630  than the allowable number of entries.
  631         (h) Segregate contest participants’ funds from operational
  632  funds or maintain a reserve in the form of cash, cash
  633  equivalents, payment processor reserves, payment processor
  634  receivables, an irrevocable letter of credit, a bond, or a
  635  combination thereof in the total amount of deposits in contest
  636  participants’ accounts for the benefit and protection of
  637  authorized contest participants’ funds held in fantasy contest
  638  accounts.
  639         (2) A contest operator that offers fantasy contests in this
  640  state which require contest participants to pay an entry fee
  641  shall annually contract with a third party to perform an
  642  independent audit, consistent with the standards established by
  643  the American Institute of Certified Public Accountants, to
  644  ensure compliance with this act. The contest operator shall
  645  submit the results of the independent audit to the office no
  646  later than 90 days after the end of each annual licensing
  647  period.
  648         Section 13. Section 546.17, Florida Statutes, is created to
  649  read:
  650         546.17 Records and reports.—Each contest operator shall
  651  keep and maintain daily records of its operations and shall
  652  maintain such records for at least 3 years. The records must
  653  sufficiently detail all financial transactions to determine
  654  compliance with the requirements of this act and must be
  655  available for audit and inspection by the office or other law
  656  enforcement agencies during the contest operator’s regular
  657  business hours. The office shall adopt rules to implement this
  658  subsection.
  659         Section 14. Section 546.18, Florida Statutes, is created to
  660  read:
  661         546.18 Penalties; applicability; exemption.—
  662         (1)(a) A contest operator, or an employee or agent thereof,
  663  who violates this act is subject to a civil penalty, not to
  664  exceed $5,000 for each violation and not to exceed $100,000 in
  665  the aggregate, which shall accrue to the state. An action to
  666  recover such penalties may be brought by the office or the
  667  Department of Legal Affairs in the circuit courts in the name
  668  and on behalf of the state.
  669         (b) The penalty provisions established in this subsection
  670  do not apply to violations committed by a contest operator which
  671  occurred prior to the issuance of a license under this act if
  672  the contest operator applies for a license within 90 days after
  673  the effective date of this section and receives a license within
  674  240 days after the effective date of this section.
  675         (2) Fantasy contests conducted by a contest operator or
  676  noncommercial contest operator in accordance with this act are
  677  not subject to s. 849.01, s. 849.08, s. 849.09, s. 849.11, s.
  678  849.14, or s. 849.25.
  679         Section 15. The Division of Law Revision and Information is
  680  directed to replace the phrase “the effective date of this
  681  section” wherever it occurs in s. 546.18, Florida Statutes, with
  682  the date that section becomes effective.
  683         Section 16. Subsection (11) of section 550.002, Florida
  684  Statutes, is amended to read:
  685         550.002 Definitions.—As used in this chapter, the term:
  686         (11)(a) “Full schedule of live racing or games” means:,
  687         1. For a greyhound racing permitholder or jai alai
  688  permitholder, the conduct of a combination of at least 100 live
  689  evening or matinee performances during the preceding year.; for
  690  a permitholder who has a converted permit or filed an
  691  application on or before June 1, 1990, for a converted permit,
  692  the conduct of a combination of at least 100 live evening and
  693  matinee wagering performances during either of the 2 preceding
  694  years;
  695         2. For a jai alai permitholder that who does not possess a
  696  operate slot machine license machines in its pari-mutuel
  697  facility, who has conducted at least 100 live performances per
  698  year for at least 10 years after December 31, 1992, and has had
  699  whose handle on live jai alai games conducted at its pari-mutuel
  700  facility which was has been less than $4 million per state
  701  fiscal year for at least 2 consecutive years after June 30,
  702  1992, the conduct of a combination of at least 40 live evening
  703  or matinee performances during the preceding year.;
  704         3. For a jai alai permitholder that possesses a who
  705  operates slot machine license machines in its pari-mutuel
  706  facility, the conduct of a combination of at least 150
  707  performances during the preceding year.;
  708         4. For a jai alai permitholder that does not possess a slot
  709  machine license, the conduct of at least 58 live performances
  710  during the preceding year, unless the permitholder meets the
  711  requirements of subparagraph 2.
  712         5. For a harness horse racing permitholder, the conduct of
  713  at least 100 live regular wagering performances during the
  714  preceding year.;
  715         6. For a quarter horse racing permitholder at its facility,
  716  unless an alternative schedule of at least 20 live regular
  717  wagering performances each year is agreed upon by the
  718  permitholder and either the Florida Quarter Horse Racing
  719  Association or the horsemen horsemen’s association representing
  720  the majority of the quarter horse owners and trainers at the
  721  facility and filed with the division along with its annual
  722  operating license date application:,
  723         a. In the 2010-2011 fiscal year, the conduct of at least 20
  724  regular wagering performances.,
  725         b. In the 2011-2012 and 2012-2013 fiscal years, the conduct
  726  of at least 30 live regular wagering performances., and
  727         c. For every fiscal year after the 2012-2013 fiscal year,
  728  the conduct of at least 40 live regular wagering performances.;
  729         7. For a quarter horse racing permitholder leasing another
  730  licensed racetrack, the conduct of 160 events at the leased
  731  facility during the preceding year.; and
  732         8. For a thoroughbred racing permitholder, the conduct of
  733  at least 40 live regular wagering performances during the
  734  preceding year.
  735         (b)For a permitholder which is restricted by statute to
  736  certain operating periods within the year when other members of
  737  its same class of permit are authorized to operate throughout
  738  the year, the specified number of live performances which
  739  constitute a full schedule of live racing or games shall be
  740  adjusted pro rata in accordance with the relationship between
  741  its authorized operating period and the full calendar year and
  742  the resulting specified number of live performances shall
  743  constitute the full schedule of live games for such permitholder
  744  and all other permitholders of the same class within 100 air
  745  miles of such permitholder. A live performance must consist of
  746  no fewer than eight races or games conducted live for each of a
  747  minimum of three performances each week at the permitholder’s
  748  licensed facility under a single admission charge.
  749         Section 17. Subsections (1), (3), and (6) of section
  750  550.01215, Florida Statutes, are amended, and subsection (7) is
  751  added to that section, to read:
  752         550.01215 License application; periods of operation; bond,
  753  conversion of permit.—
  754         (1) Each permitholder shall annually, during the period
  755  between December 15 and January 4, file in writing with the
  756  division its application for an operating a license to conduct
  757  pari-mutuel wagering during the next fiscal year, including
  758  intertrack and simulcast race wagering for greyhound racing
  759  permitholders, jai alai permitholders, harness horse racing
  760  permitholders, quarter horse racing permitholders, and
  761  thoroughbred horse racing permitholders that do not to conduct
  762  live performances during the next state fiscal year. Each
  763  application for live performances must shall specify the number,
  764  dates, and starting times of all live performances that which
  765  the permitholder intends to conduct. It must shall also specify
  766  which performances will be conducted as charity or scholarship
  767  performances.
  768         (a)In addition, Each application for an operating a
  769  license also must shall include:,
  770         1. For each permitholder, whether the permitholder intends
  771  to accept wagers on intertrack or simulcast events. As a
  772  condition on the ability to accept wagers on intertrack or
  773  simulcast events, each permitholder accepting wagers on
  774  intertrack or simulcast events must make available for wagering
  775  to its patrons all available live races conducted by
  776  thoroughbred horse permitholders.
  777         2.For each permitholder that elects which elects to
  778  operate a cardroom, the dates and periods of operation the
  779  permitholder intends to operate the cardroom. or,
  780         3. For each thoroughbred racing permitholder that which
  781  elects to receive or rebroadcast out-of-state races after 7
  782  p.m., the dates for all performances which the permitholder
  783  intends to conduct.
  784         (b)A greyhound racing permitholder that conducted a full
  785  schedule of live racing for a period of at least 10 consecutive
  786  state fiscal years after the 1996-1997 state fiscal year, or
  787  that converted its permit to a permit to conduct greyhound
  788  racing after the 1996-1997 state fiscal year, may specify in its
  789  application for an operating license that it does not intend to
  790  conduct live racing, or that it intends to conduct less than a
  791  full schedule of live racing, in the next state fiscal year. A
  792  greyhound racing permitholder may receive an operating license
  793  to conduct pari-mutuel wagering activities at another
  794  permitholder’s greyhound racing facility pursuant to s. 550.475.
  795         (c)1.A thoroughbred horse racing permitholder that has
  796  conducted live racing for at least 5 years may elect not to
  797  conduct live racing, if such election is made within 30 days
  798  after the effective date of this act. A thoroughbred horse
  799  racing permitholder that makes such election may retain such
  800  permit, must specify in future applications for an operating
  801  license that it does not intend to conduct live racing, and is a
  802  pari-mutuel facility as defined in s. 550.002(23).
  803         2.If a thoroughbred horse racing permitholder makes such
  804  election and if such permitholder holds a slot machine license
  805  when such election is made, the facility where such permit is
  806  located:
  807         a.Remains an eligible facility pursuant to s. 551.102(4),
  808  and continues to be eligible for a slot machine license;
  809         b.Is exempt from ss. 550.5251, 551.104(3) and (4)(c)1.,
  810  and 551.114(2) and (4);
  811         c.Is eligible, but not required, to be a guest track for
  812  purposes of intertrack wagering and simulcasting; and
  813         d.Remains eligible for a cardroom license, notwithstanding
  814  any requirement for the conduct of live racing pursuant to s.
  815  849.086.
  816         3.A thoroughbred horse racing permitholder that makes such
  817  election shall comply with all contracts regarding contributions
  818  by such permitholder to thoroughbred horse purse supplements or
  819  breeders’ awards entered into before the effective date of this
  820  act pursuant to s. 551.104(10)(a). At the time of such election,
  821  such permitholder shall file with the division an irrevocable
  822  consent that such contributions shall be allowed to be used for
  823  purses and awards on live races at other thoroughbred horse
  824  racing facilities in this state. This subparagraph and s.
  825  551.104(10)(a) shall not apply after December 31, 2020, to a
  826  thoroughbred horse racing permitholder that made such election.
  827         (d) Any harness horse racing permitholder and any quarter
  828  horse racing permitholder that has held an operating license for
  829  at least 5 years is exempt from the live racing requirements of
  830  this subsection and may specify in its annual application for an
  831  operating license that it does not intend to conduct live
  832  racing, or that it intends to conduct less than a full schedule
  833  of live racing, in the next state fiscal year.
  834         (e) A jai alai permitholder that has held an operating
  835  license for at least 5 years is exempt from the live jai alai
  836  requirements of this subsection and may specify in its annual
  837  application for an operating license that it does not intend to
  838  conduct live jai alai, or that it intends to conduct less than a
  839  full schedule of live jai alai, in the next state fiscal year.
  840  
  841  A permitholder described in paragraph (b), paragraph (d), or
  842  paragraph (e) may retain its permit and is a pari-mutuel
  843  facility as defined in s. 550.002(23). If such permitholder has
  844  been issued a slot machine license, the facility where such
  845  permit is located remains an eligible facility as defined in s.
  846  551.102(4) and continues to be eligible for a slot machine
  847  license; is exempt from s. 551.104(3) and (4)(c)1., and s.
  848  551.114(2) and (4); is eligible, but not required, to be a guest
  849  track or, if the permitholder is a harness horse racing
  850  permitholder, a host track for purposes of intertrack wagering
  851  and simulcasting pursuant to ss. 550.3551, 550.615, 550.625, and
  852  550.6305; and remains eligible for a cardroom license,
  853  notwithstanding any requirement for the conduct of live racing
  854  performances contained in s. 849.086.
  855         (f) Permitholders may shall be entitled to amend their
  856  applications through February 28.
  857         (3) The division shall issue each license no later than
  858  March 15. Each permitholder shall operate all performances at
  859  the date and time specified on its license. The division shall
  860  have the authority to approve minor changes in racing dates
  861  after a license has been issued. The division may approve
  862  changes in racing dates after a license has been issued when
  863  there is no objection from any operating permitholder located
  864  within 50 miles of the permitholder requesting the changes in
  865  operating dates. In the event of an objection, the division
  866  shall approve or disapprove the change in operating dates based
  867  upon the impact on operating permitholders located within 50
  868  miles of the permitholder requesting the change in operating
  869  dates. In making the determination to change racing dates, the
  870  division shall take into consideration the impact of such
  871  changes on state revenues. Notwithstanding any other provision
  872  of law, and for the 2017-2018 fiscal year only, the division may
  873  approve changes in racing dates for permitholders if the request
  874  for such changes is received before August 31, 2017.
  875         (6) A summer jai alai permitholder may apply for an
  876  operating license to operate a jai alai fronton only during the
  877  summer season beginning May 1 and ending November 30 of each
  878  year on such dates as may be selected by the permitholder. Such
  879  permitholder is subject to the same taxes, rules, and provisions
  880  of this chapter which apply to the operation of winter jai alai
  881  frontons. A summer jai alai permitholder is not eligible for
  882  licensure to operate a slot machine facility. A summer jai alai
  883  permitholder and a winter jai alai permitholder may not operate
  884  on the same days or in competition with each other. This
  885  subsection does not prevent a summer jai alai licensee from
  886  leasing the facilities of a winter jai alai licensee for the
  887  operation of a summer meet Any permit which was converted from a
  888  jai alai permit to a greyhound permit may be converted to a jai
  889  alai permit at any time if the permitholder never conducted
  890  greyhound racing or if the permitholder has not conducted
  891  greyhound racing for a period of 12 consecutive months.
  892         (7) In addition to seeking a license under any other
  893  provision of this section, if any of the following conditions
  894  exist on February 1 of any year, the holder of a limited
  895  thoroughbred racing permit under s. 550.3345 which did not file
  896  an application for live performances between December 15 and
  897  January 31 may apply to conduct live performances, and such
  898  application must be filed before March 31, with the resulting
  899  license issued no later than April 15:
  900         (a) All thoroughbred racing permitholders with slot machine
  901  licenses have not collectively sought pari-mutuel wagering
  902  licenses for at least 160 performances and a minimum of 1,760
  903  races in the next state fiscal year.
  904         (b) All thoroughbred racing permitholders have not
  905  collectively sought pari-mutuel wagering licenses for at least
  906  200 performances or a minimum of 1,760 races in the next state
  907  fiscal year.
  908         (c) All thoroughbred racing permitholders did not
  909  collectively run at least 1,760 races in the previous state
  910  fiscal year.
  911         Section 18. Subsection (1) of section 550.0251, Florida
  912  Statutes, is amended to read:
  913         550.0251 The powers and duties of the Division of Pari
  914  mutuel Wagering of the Department of Business and Professional
  915  Regulation.—The division shall administer this chapter and
  916  regulate the pari-mutuel industry under this chapter and the
  917  rules adopted pursuant thereto, and:
  918         (1) The division shall make an annual report for the prior
  919  fiscal year to the Governor, the President of the Senate, and
  920  the Speaker of the House of Representatives. The report shall
  921  include, at a minimum:
  922         (a)Recent events in the gaming industry, including pending
  923  litigation involving permitholders; pending permitholder,
  924  facility, cardroom, slot, or operating license applications; and
  925  new and pending rules.
  926         (b)Actions of the department relating to the
  927  implementation and administration of this chapter, and chapters
  928  551 and 849.
  929         (c)The state revenues and expenses associated with each
  930  form of authorized gaming. Revenues and expenses associated with
  931  pari-mutuel wagering must be further delineated by the class of
  932  license.
  933         (d)The performance of each pari-mutuel wagering licensee,
  934  cardroom licensee, and slot machine licensee.
  935         (e)A summary of disciplinary actions taken by the
  936  department.
  937         (f)Any suggestions to more effectively achieve showing its
  938  own actions, receipts derived under the provisions of this
  939  chapter, the practical effects of the application of this
  940  chapter, and any suggestions it may approve for the more
  941  effectual accomplishments of the purposes of this chapter.
  942         Section 19. Paragraphs (a) and (b) of subsection (9) of
  943  section 550.054, Florida Statutes, is amended, and paragraphs
  944  (c) through (g) are added to that subsection, and paragraph (a)
  945  of subsection (11) and subsections (13) and (14) of that section
  946  are amended, to read:
  947         550.054 Application for permit to conduct pari-mutuel
  948  wagering.—
  949         (9)(a) After a permit has been granted by the division and
  950  has been ratified and approved by the majority of the electors
  951  participating in the election in the county designated in the
  952  permit, the division shall grant to the lawful permitholder,
  953  subject to the conditions of this chapter, a license to conduct
  954  pari-mutuel operations under this chapter, and, except as
  955  provided in s. 550.5251, the division shall fix annually the
  956  time, place, and number of days during which pari-mutuel
  957  operations may be conducted by the permitholder at the location
  958  fixed in the permit and ratified in the election. After the
  959  first license has been issued to the holder of a ratified permit
  960  for racing in any county, all subsequent annual applications for
  961  a license by that permitholder must be accompanied by proof, in
  962  such form as the division requires, that the ratified
  963  permitholder still possesses all the qualifications prescribed
  964  by this chapter and that the permit has not been recalled at a
  965  later election held in the county.
  966         (b) The division may revoke or suspend any permit or
  967  license issued under this chapter upon a the willful violation
  968  by the permitholder or licensee of any provision of this
  969  chapter, chapter 551, s. 849.086, or rules of any rule adopted
  970  pursuant thereto under this chapter. With the exception of the
  971  revocation of permits required in paragraphs (c), (d), (f), and
  972  (g), In lieu of suspending or revoking a permit or license, the
  973  division may, in lieu of suspending or revoking a permit or
  974  license, impose a civil penalty against the permitholder or
  975  licensee for a violation of this chapter, chapter 551, s.
  976  849.086, or rules adopted pursuant thereto any rule adopted by
  977  the division. The penalty so imposed may not exceed $1,000 for
  978  each count or separate offense. All penalties imposed and
  979  collected must be deposited with the Chief Financial Officer to
  980  the credit of the General Revenue Fund.
  981         (c)Unless a failure to obtain an operating license and to
  982  operate was the direct result of fire, strike, war, or other
  983  disaster or event beyond the permitholder’s control, the
  984  division shall revoke the permit of any permitholder that has
  985  not obtained an operating license in accordance with s.
  986  550.01215 for a period of more than 24 consecutive months after
  987  June 30, 2012. The division shall revoke the permit upon
  988  adequate notice to the permitholder. Financial hardship to the
  989  permitholder does not, in and of itself, constitute just cause
  990  for failure to operate.
  991         (d)The division shall revoke the permit of any
  992  permitholder that fails to make payments that are due pursuant
  993  to s. 550.0951 for more than 24 consecutive months unless such
  994  failure to pay the tax due on handle was the direct result of
  995  fire, strike, war, or other disaster or event beyond the
  996  permitholder’s control. Financial hardship to the permitholder
  997  does not, in and of itself, constitute just cause for failure to
  998  pay tax on handle.
  999         (e)Notwithstanding any other law, a new permit to conduct
 1000  pari-mutuel wagering may not be approved or issued 30 days after
 1001  the effective date of this act.
 1002         (f)A permit revoked under this subsection is void and may
 1003  not be reissued.
 1004         (g)A permitholder may apply to the division to place the
 1005  permit into inactive status for a period of 12 months pursuant
 1006  to division rule. The division, upon good cause shown by the
 1007  permitholder, may renew inactive status for a period of up to 12
 1008  months, but a permit may not be in inactive status for a period
 1009  of more than 24 consecutive months. Holders of permits in
 1010  inactive status are not eligible for licensure for pari-mutuel
 1011  wagering, slot machines, or cardrooms.
 1012         (11)(a) A permit granted under this chapter may not be
 1013  transferred or assigned except upon written approval by the
 1014  division pursuant to s. 550.1815, except that the holder of any
 1015  permit that has been converted to a jai alai permit may lease or
 1016  build anywhere within the county in which its permit is located.
 1017         (13)(a) Notwithstanding any provision provisions of this
 1018  chapter or chapter 551, a pari-mutuel no thoroughbred horse
 1019  racing permit or license issued under this chapter or chapter
 1020  551 may not shall be transferred, or reissued when such
 1021  reissuance is in the nature of a transfer so as to permit or
 1022  authorize a licensee to change the location of a pari-mutuel
 1023  facility, cardroom, or slot machine facility, except through the
 1024  relocation of the pari-mutuel permit pursuant to s. 550.0555.
 1025  thoroughbred horse racetrack except upon proof in such form as
 1026  the division may prescribe that a referendum election has been
 1027  held:
 1028         1.If the proposed new location is within the same county
 1029  as the already licensed location, in the county where the
 1030  licensee desires to conduct the race meeting and that a majority
 1031  of the electors voting on that question in such election voted
 1032  in favor of the transfer of such license.
 1033         2.If the proposed new location is not within the same
 1034  county as the already licensed location, in the county where the
 1035  licensee desires to conduct the race meeting and in the county
 1036  where the licensee is already licensed to conduct the race
 1037  meeting and that a majority of the electors voting on that
 1038  question in each such election voted in favor of the transfer of
 1039  such license.
 1040         (b)Each referendum held under the provisions of this
 1041  subsection shall be held in accordance with the electoral
 1042  procedures for ratification of permits, as provided in s.
 1043  550.0651. The expense of each such referendum shall be borne by
 1044  the licensee requesting the transfer.
 1045         (14)(a)Any holder of a permit to conduct jai alai may
 1046  apply to the division to convert such permit to a permit to
 1047  conduct greyhound racing in lieu of jai alai if:
 1048         1.Such permit is located in a county in which the division
 1049  has issued only two pari-mutuel permits pursuant to this
 1050  section;
 1051         2.Such permit was not previously converted from any other
 1052  class of permit; and
 1053         3.The holder of the permit has not conducted jai alai
 1054  games during a period of 10 years immediately preceding his or
 1055  her application for conversion under this subsection.
 1056         (b)The division, upon application from the holder of a jai
 1057  alai permit meeting all conditions of this section, shall
 1058  convert the permit and shall issue to the permitholder a permit
 1059  to conduct greyhound racing. A permitholder of a permit
 1060  converted under this section shall be required to apply for and
 1061  conduct a full schedule of live racing each fiscal year to be
 1062  eligible for any tax credit provided by this chapter. The holder
 1063  of a permit converted pursuant to this subsection or any holder
 1064  of a permit to conduct greyhound racing located in a county in
 1065  which it is the only permit issued pursuant to this section who
 1066  operates at a leased facility pursuant to s. 550.475 may move
 1067  the location for which the permit has been issued to another
 1068  location within a 30-mile radius of the location fixed in the
 1069  permit issued in that county, provided the move does not cross
 1070  the county boundary and such location is approved under the
 1071  zoning regulations of the county or municipality in which the
 1072  permit is located, and upon such relocation may use the permit
 1073  for the conduct of pari-mutuel wagering and the operation of a
 1074  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1075  apply to any permit converted under this subsection and shall
 1076  continue to apply to any permit which was previously included
 1077  under and subject to such provisions before a conversion
 1078  pursuant to this section occurred.
 1079         Section 20. Section 550.0555, Florida Statutes, is amended
 1080  to read:
 1081         550.0555 Permitholder Greyhound dogracing permits;
 1082  relocation within a county; conditions.—
 1083         (1) It is the finding of the Legislature that pari-mutuel
 1084  wagering on greyhound dogracing provides substantial revenues to
 1085  the state. It is the further finding that, in some cases, this
 1086  revenue-producing ability is hindered due to the lack of
 1087  provisions allowing the relocation of existing dogracing
 1088  operations. It is therefore declared that state revenues derived
 1089  from greyhound dogracing will continue to be jeopardized if
 1090  provisions allowing the relocation of such greyhound racing
 1091  permits are not implemented. This enactment is made pursuant to,
 1092  and for the purpose of, implementing such provisions.
 1093         (2) The following permitholders are Any holder of a valid
 1094  outstanding permit for greyhound dogracing in a county in which
 1095  there is only one dogracing permit issued, as well as any holder
 1096  of a valid outstanding permit for jai alai in a county where
 1097  only one jai alai permit is issued, is authorized, without the
 1098  necessity of an additional county referendum required under s.
 1099  550.0651, to move the location for which the permit has been
 1100  issued to another location within a 30-mile radius of the
 1101  location fixed in the permit issued in that county, provided the
 1102  move does not cross the county boundary, that such relocation is
 1103  approved under the zoning regulations of the county or
 1104  municipality in which the permit is to be located as a planned
 1105  development use, consistent with the comprehensive plan, and
 1106  that such move is approved by the department after it is
 1107  determined that the new location is an existing pari-mutuel
 1108  facility that has held an operating license for at least 5
 1109  consecutive years since 2010 or is at least 10 miles from an
 1110  existing pari-mutuel facility and, if within a county with three
 1111  or more pari-mutuel permits, is at least 10 miles from the
 1112  waters of the Atlantic Ocean:
 1113         (a) Any holder of a valid outstanding greyhound racing
 1114  permit that was previously converted from a jai alai permit;
 1115         (b) Any holder of a valid outstanding greyhound racing
 1116  permit in a county in which there is only one greyhound racing
 1117  permit issued; and
 1118         (c) Any holder of a valid outstanding jai alai permit in a
 1119  county in which there is only one jai alai permit issued. at a
 1120  proceeding pursuant to chapter 120 in the county affected that
 1121  the move is necessary to ensure the revenue-producing capability
 1122  of the permittee without deteriorating the revenue-producing
 1123  capability of any other pari-mutuel permittee within 50 miles;
 1124  
 1125  The distances distance shall be measured on a straight line from
 1126  the nearest property line of one racing plant or jai alai
 1127  fronton to the nearest property line of the other and the
 1128  nearest mean high tide line of the Atlantic Ocean.
 1129         Section 21. Section 550.0745, Florida Statutes, is
 1130  repealed.
 1131         Section 22. Section 550.0951, Florida Statutes, is amended
 1132  to read:
 1133         550.0951 Payment of daily license fee and taxes;
 1134  penalties.—
 1135         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
 1136  business of conducting race meetings or jai alai games under
 1137  this chapter, hereinafter referred to as the “permitholder,”
 1138  “licensee,” or “permittee,” shall pay to the division, for the
 1139  use of the division, a daily license fee on each live or
 1140  simulcast pari-mutuel event of $100 for each horserace, and $80
 1141  for each greyhound race, dograce and $40 for each jai alai game,
 1142  any of which is conducted at a racetrack or fronton licensed
 1143  under this chapter. A In addition to the tax exemption specified
 1144  in s. 550.09514(1) of $360,000 or $500,000 per greyhound
 1145  permitholder per state fiscal year, each greyhound permitholder
 1146  shall receive in the current state fiscal year a tax credit
 1147  equal to the number of live greyhound races conducted in the
 1148  previous state fiscal year times the daily license fee specified
 1149  for each dograce in this subsection applicable for the previous
 1150  state fiscal year. This tax credit and the exemption in s.
 1151  550.09514(1) shall be applicable to any tax imposed by this
 1152  chapter or the daily license fees imposed by this chapter except
 1153  during any charity or scholarship performances conducted
 1154  pursuant to s. 550.0351. Each permitholder may not be required
 1155  to shall pay daily license fees in excess of not to exceed $500
 1156  per day on any simulcast races or games on which such
 1157  permitholder accepts wagers, regardless of the number of out-of
 1158  state events taken or the number of out-of-state locations from
 1159  which such events are taken. This license fee shall be deposited
 1160  with the Chief Financial Officer to the credit of the Pari
 1161  mutuel Wagering Trust Fund.
 1162         (b)Each permitholder that cannot utilize the full amount
 1163  of the exemption of $360,000 or $500,000 provided in s.
 1164  550.09514(1) or the daily license fee credit provided in this
 1165  section may, after notifying the division in writing, elect once
 1166  per state fiscal year on a form provided by the division to
 1167  transfer such exemption or credit or any portion thereof to any
 1168  greyhound permitholder which acts as a host track to such
 1169  permitholder for the purpose of intertrack wagering. Once an
 1170  election to transfer such exemption or credit is filed with the
 1171  division, it shall not be rescinded. The division shall
 1172  disapprove the transfer when the amount of the exemption or
 1173  credit or portion thereof is unavailable to the transferring
 1174  permitholder or when the permitholder who is entitled to
 1175  transfer the exemption or credit or who is entitled to receive
 1176  the exemption or credit owes taxes to the state pursuant to a
 1177  deficiency letter or administrative complaint issued by the
 1178  division. Upon approval of the transfer by the division, the
 1179  transferred tax exemption or credit shall be effective for the
 1180  first performance of the next payment period as specified in
 1181  subsection (5). The exemption or credit transferred to such host
 1182  track may be applied by such host track against any taxes
 1183  imposed by this chapter or daily license fees imposed by this
 1184  chapter. The greyhound permitholder host track to which such
 1185  exemption or credit is transferred shall reimburse such
 1186  permitholder the exact monetary value of such transferred
 1187  exemption or credit as actually applied against the taxes and
 1188  daily license fees of the host track. The division shall ensure
 1189  that all transfers of exemption or credit are made in accordance
 1190  with this subsection and shall have the authority to adopt rules
 1191  to ensure the implementation of this section.
 1192         (2) ADMISSION TAX.—
 1193         (a) An admission tax equal to 15 percent of the admission
 1194  charge for entrance to the permitholder’s facility and
 1195  grandstand area, or 10 cents, whichever is greater, is imposed
 1196  on each person attending a horserace, greyhound race dograce, or
 1197  jai alai game. The permitholder is shall be responsible for
 1198  collecting the admission tax.
 1199         (b) The No admission tax imposed under this chapter and or
 1200  chapter 212 may not shall be imposed on any free passes or
 1201  complimentary cards issued to persons for which there is no cost
 1202  to the person for admission to pari-mutuel events.
 1203         (c) A permitholder may issue tax-free passes to its
 1204  officers, officials, and employees and to or other persons
 1205  actually engaged in working at the racetrack, including
 1206  accredited media press representatives such as reporters and
 1207  editors, and may also issue tax-free passes to other
 1208  permitholders for the use of their officers and officials. The
 1209  permitholder shall file with the division a list of all persons
 1210  to whom tax-free passes are issued under this paragraph.
 1211         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
 1212  contributions to pari-mutuel pools, the aggregate of which is
 1213  hereinafter referred to as “handle,” on races or games conducted
 1214  by the permitholder. The tax is imposed daily and is based on
 1215  the total contributions to all pari-mutuel pools conducted
 1216  during the daily performance. If a permitholder conducts more
 1217  than one performance daily, the tax is imposed on each
 1218  performance separately.
 1219         (a) The tax on handle for quarter horse racing is 1.0
 1220  percent of the handle.
 1221         (b)1. The tax on handle for greyhound racing dogracing is
 1222  1.28 5.5 percent of the handle, except that for live charity
 1223  performances held pursuant to s. 550.0351, and for intertrack
 1224  wagering on such charity performances at a guest greyhound track
 1225  within the market area of the host, the tax is 7.6 percent of
 1226  the handle.
 1227         2. The tax on handle for jai alai is 7.1 percent of the
 1228  handle.
 1229         (c)1. The tax on handle for intertrack wagering is:
 1230         a.If the host track is a horse track, 2.0 percent of the
 1231  handle.
 1232         b. If the host track is a harness horse racetrack track,
 1233  3.3 percent of the handle.
 1234         c. If the host track is a greyhound racing harness track,
 1235  1.28 5.5 percent of the handle, to be remitted by the guest
 1236  track. if the host track is a dog track, and
 1237         d.If the host track is a jai alai fronton, 7.1 percent of
 1238  the handle if the host track is a jai alai fronton.
 1239         e.The tax on handle for intertrack wagering is 0.5 percent
 1240  If the host track and the guest track are thoroughbred racing
 1241  permitholders or if the guest track is located outside the
 1242  market area of a the host track that is not a greyhound racing
 1243  track and within the market area of a thoroughbred racing
 1244  permitholder currently conducting a live race meet, 0.5 percent
 1245  of the handle.
 1246         f.The tax on handle For intertrack wagering on
 1247  rebroadcasts of simulcast thoroughbred horseraces, is 2.4
 1248  percent of the handle and 1.5 percent of the handle for
 1249  intertrack wagering on rebroadcasts of simulcast harness
 1250  horseraces, 1.5 percent of the handle.
 1251         2. The tax shall be deposited into the Pari-mutuel Wagering
 1252  Trust Fund.
 1253         3.2. The tax on handle for intertrack wagers accepted by
 1254  any greyhound racing dog track located in an area of the state
 1255  in which there are only three permitholders, all of which are
 1256  greyhound racing permitholders, located in three contiguous
 1257  counties, from any greyhound racing permitholder also located
 1258  within such area or any greyhound racing dog track or jai alai
 1259  fronton located as specified in s. 550.615(7) s. 550.615(6) or
 1260  (9), on races or games received from any jai alai the same class
 1261  of permitholder located within the same market area is 1.28 3.9
 1262  percent of the handle if the host facility is a greyhound racing
 1263  permitholder. and, If the host facility is a jai alai
 1264  permitholder, the tax is rate shall be 6.1 percent of the handle
 1265  until except that it shall be 2.3 percent on handle at such time
 1266  as the total tax on intertrack handle paid to the division by
 1267  the permitholder during the current state fiscal year exceeds
 1268  the total tax on intertrack handle paid to the division by the
 1269  permitholder during the 1992-1993 state fiscal year, in which
 1270  case the tax is 2.3 percent of the handle.
 1271         (d) Notwithstanding any other provision of this chapter, in
 1272  order to protect the Florida jai alai industry, effective July
 1273  1, 2000, a jai alai permitholder may not be taxed on live handle
 1274  at a rate higher than 2 percent.
 1275         (4) BREAKS TAX.—Effective October 1, 1996, each
 1276  permitholder conducting jai alai performances shall pay a tax
 1277  equal to the breaks. As used in this subsection, the term
 1278  “breaks” means the money that remains in each pari-mutuel pool
 1279  after funds are The “breaks” represents that portion of each
 1280  pari-mutuel pool which is not redistributed to the contributors
 1281  and commissions are or withheld by the permitholder as
 1282  commission.
 1283         (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1284  imposed by this section shall be paid to the division. The
 1285  division shall deposit such payments these sums with the Chief
 1286  Financial Officer, to the credit of the Pari-mutuel Wagering
 1287  Trust Fund, hereby established. The permitholder shall remit to
 1288  the division payment for the daily license fee, the admission
 1289  tax, the tax on handle, and the breaks tax. Such payments must
 1290  shall be remitted by 3 p.m. on Wednesday of each week for taxes
 1291  imposed and collected for the preceding week ending on Sunday.
 1292  Beginning on July 1, 2012, such payments must shall be remitted
 1293  by 3 p.m. on the 5th day of each calendar month for taxes
 1294  imposed and collected for the preceding calendar month. If the
 1295  5th day of the calendar month falls on a weekend, payments must
 1296  shall be remitted by 3 p.m. the first Monday following the
 1297  weekend. Permitholders shall file a report under oath by the 5th
 1298  day of each calendar month for all taxes remitted during the
 1299  preceding calendar month. Such payments must shall be
 1300  accompanied by a report under oath showing the total of all
 1301  admissions, the pari-mutuel wagering activities for the
 1302  preceding calendar month, and any such other information as may
 1303  be prescribed by the division.
 1304         (6) PENALTIES.—
 1305         (a) The failure of any permitholder to make payments as
 1306  prescribed in subsection (5) is a violation of this section, and
 1307  the permitholder may be subjected by the division may impose to
 1308  a civil penalty against the permitholder of up to $1,000 for
 1309  each day the tax payment is not remitted. All penalties imposed
 1310  and collected shall be deposited in the General Revenue Fund. If
 1311  a permitholder fails to pay penalties imposed by order of the
 1312  division under this subsection, the division may suspend or
 1313  revoke the license of the permitholder, cancel the permit of the
 1314  permitholder, or deny issuance of any further license or permit
 1315  to the permitholder.
 1316         (b) In addition to the civil penalty prescribed in
 1317  paragraph (a), any willful or wanton failure by any permitholder
 1318  to make payments of the daily license fee, admission tax, tax on
 1319  handle, or breaks tax constitutes sufficient grounds for the
 1320  division to suspend or revoke the license of the permitholder,
 1321  to cancel the permit of the permitholder, or to deny issuance of
 1322  any further license or permit to the permitholder.
 1323         Section 23. Section 550.09512, Florida Statutes, is amended
 1324  to read:
 1325         550.09512 Harness horse racing taxes; abandoned interest in
 1326  a permit for nonpayment of taxes.—
 1327         (1) Pari-mutuel wagering at harness horse racetracks in
 1328  this state is an important business enterprise, and taxes
 1329  derived therefrom constitute a part of the tax structure which
 1330  funds operation of the state. Harness horse racing permitholders
 1331  should pay their fair share of these taxes to the state. This
 1332  business interest should not be taxed to such an extent as to
 1333  cause any racetrack which is operated under sound business
 1334  principles to be forced out of business. Due to the need to
 1335  protect the public health, safety, and welfare, the gaming laws
 1336  of the state provide for the harness horse racing industry to be
 1337  highly regulated and taxed. The state recognizes that there
 1338  exist identifiable differences between harness horse racing
 1339  permitholders based upon their ability to operate under such
 1340  regulation and tax system.
 1341         (2)(a) The tax on handle for live harness horse racing
 1342  performances is 0.5 percent of handle per performance.
 1343         (b) For purposes of this section, the term “handle” shall
 1344  have the same meaning as in s. 550.0951, and does shall not
 1345  include handle from intertrack wagering.
 1346         (3)(a) The division shall revoke the permit of a harness
 1347  horse racing permitholder that who does not pay the tax due on
 1348  handle for live harness horse racing performances for a full
 1349  schedule of live races for more than 24 consecutive months
 1350  during any 2 consecutive state fiscal years shall be void and
 1351  shall escheat to and become the property of the state unless
 1352  such failure to operate and pay tax on handle was the direct
 1353  result of fire, strike, war, or other disaster or event beyond
 1354  the ability of the permitholder to control. Financial hardship
 1355  to the permitholder does shall not, in and of itself, constitute
 1356  just cause for failure to operate and pay tax on handle. A
 1357  permit revoked under this subsection is void and may not be
 1358  reissued.
 1359         (b)In order to maximize the tax revenues to the state, the
 1360  division shall reissue an escheated harness horse permit to a
 1361  qualified applicant pursuant to the provisions of this chapter
 1362  as for the issuance of an initial permit. However, the
 1363  provisions of this chapter relating to referendum requirements
 1364  for a pari-mutuel permit shall not apply to the reissuance of an
 1365  escheated harness horse permit. As specified in the application
 1366  and upon approval by the division of an application for the
 1367  permit, the new permitholder shall be authorized to operate a
 1368  harness horse facility anywhere in the same county in which the
 1369  escheated permit was authorized to be operated, notwithstanding
 1370  the provisions of s. 550.054(2) relating to mileage limitations.
 1371         (4) In the event that a court of competent jurisdiction
 1372  determines any of the provisions of this section to be
 1373  unconstitutional, it is the intent of the Legislature that the
 1374  provisions contained in this section shall be null and void and
 1375  that the provisions of s. 550.0951 shall apply to all harness
 1376  horse racing permitholders beginning on the date of such
 1377  judicial determination. To this end, the Legislature declares
 1378  that it would not have enacted any of the provisions of this
 1379  section individually and, to that end, expressly finds them not
 1380  to be severable.
 1381         Section 24. Section 550.09514, Florida Statutes, is amended
 1382  to read:
 1383         550.09514 Greyhound racing dogracing taxes; purse
 1384  requirements.—
 1385         (1)Wagering on greyhound racing is subject to a tax on
 1386  handle for live greyhound racing as specified in s. 550.0951(3).
 1387  However, each permitholder shall pay no tax on handle until such
 1388  time as this subsection has resulted in a tax savings per state
 1389  fiscal year of $360,000. Thereafter, each permitholder shall pay
 1390  the tax as specified in s. 550.0951(3) on all handle for the
 1391  remainder of the permitholder’s current race meet. For the three
 1392  permitholders that conducted a full schedule of live racing in
 1393  1995, and are closest to another state that authorizes greyhound
 1394  pari-mutuel wagering, the maximum tax savings per state fiscal
 1395  year shall be $500,000. The provisions of this subsection
 1396  relating to tax exemptions shall not apply to any charity or
 1397  scholarship performances conducted pursuant to s. 550.0351.
 1398         (1)(a)(2)(a) The division shall determine for each
 1399  greyhound racing permitholder the annual purse percentage rate
 1400  of live handle for the state fiscal year 1993-1994 by dividing
 1401  total purses paid on live handle by the permitholder, exclusive
 1402  of payments made from outside sources, during the 1993-1994
 1403  state fiscal year by the permitholder’s live handle for the
 1404  1993-1994 state fiscal year. A greyhound racing Each
 1405  permitholder conducting live racing during a fiscal year shall
 1406  pay as purses for such live races conducted during its current
 1407  race meet a percentage of its live handle not less than the
 1408  percentage determined under this paragraph, exclusive of
 1409  payments made by outside sources, for its 1993-1994 state fiscal
 1410  year.
 1411         (b) Except as otherwise set forth herein, in addition to
 1412  the minimum purse percentage required by paragraph (a), each
 1413  greyhound racing permitholder conducting live racing during a
 1414  fiscal year shall pay as purses an annual amount of $60 for each
 1415  live race conducted equal to 75 percent of the daily license
 1416  fees paid by the greyhound racing each permitholder in for the
 1417  preceding 1994-1995 fiscal year. These This purse supplement
 1418  shall be disbursed weekly during the permitholder’s race meet in
 1419  an amount determined by dividing the annual purse supplement by
 1420  the number of performances approved for the permitholder
 1421  pursuant to its annual license and multiplying that amount by
 1422  the number of performances conducted each week. For the
 1423  greyhound permitholders in the county where there are two
 1424  greyhound permitholders located as specified in s. 550.615(6),
 1425  such permitholders shall pay in the aggregate an amount equal to
 1426  75 percent of the daily license fees paid by such permitholders
 1427  for the 1994-1995 fiscal year. These permitholders shall be
 1428  jointly and severally liable for such purse payments. The
 1429  additional purses provided by this paragraph must be used
 1430  exclusively for purses other than stakes and disbursed weekly
 1431  during the permitholder’s race meet. The division shall conduct
 1432  audits necessary to ensure compliance with this section.
 1433         (c)1. Each greyhound racing permitholder, when conducting
 1434  at least three live performances during any week, shall pay
 1435  purses in that week on wagers it accepts as a guest track on
 1436  intertrack and simulcast greyhound races at the same rate as it
 1437  pays on live races. Each greyhound racing permitholder, when
 1438  conducting at least three live performances during any week,
 1439  shall pay purses in that week, at the same rate as it pays on
 1440  live races, on wagers accepted on greyhound races at a guest
 1441  track that which is not conducting live racing and is located
 1442  within the same market area as the greyhound racing permitholder
 1443  conducting at least three live performances during any week.
 1444         2. Each host greyhound racing permitholder shall pay purses
 1445  on its simulcast and intertrack broadcasts of greyhound races to
 1446  guest facilities that are located outside its market area in an
 1447  amount equal to one quarter of an amount determined by
 1448  subtracting the transmission costs of sending the simulcast or
 1449  intertrack broadcasts from an amount determined by adding the
 1450  fees received for greyhound simulcast races plus 3 percent of
 1451  the greyhound intertrack handle at guest facilities that are
 1452  located outside the market area of the host and that paid
 1453  contractual fees to the host for such broadcasts of greyhound
 1454  races.
 1455         (d) The division shall require sufficient documentation
 1456  from each greyhound racing permitholder regarding purses paid on
 1457  live racing to assure that the annual purse percentage rates
 1458  paid by each greyhound racing permitholder conducting on the
 1459  live races are not reduced below those paid during the 1993-1994
 1460  state fiscal year. The division shall require sufficient
 1461  documentation from each greyhound racing permitholder to assure
 1462  that the purses paid by each permitholder on the greyhound
 1463  intertrack and simulcast broadcasts are in compliance with the
 1464  requirements of paragraph (c).
 1465         (e) In addition to the purse requirements of paragraphs
 1466  (a)-(c), each greyhound racing permitholder conducting live
 1467  races shall pay as purses an amount equal to one-third of the
 1468  amount of the tax reduction on live and simulcast handle
 1469  applicable to such permitholder as a result of the reductions in
 1470  tax rates provided by s. 6, chapter 2000-354, Laws of Florida
 1471  this act through the amendments to s. 550.0951(3). With respect
 1472  to intertrack wagering when the host and guest tracks are
 1473  greyhound racing permitholders not within the same market area,
 1474  an amount equal to the tax reduction applicable to the guest
 1475  track handle as a result of the reduction in tax rate provided
 1476  by s. 6, chapter 2000-354, Laws of Florida, this act through the
 1477  amendment to s. 550.0951(3) shall be distributed to the guest
 1478  track, one-third of which amount shall be paid as purses at the
 1479  guest track. However, if the guest track is a greyhound racing
 1480  permitholder within the market area of the host or if the guest
 1481  track is not a greyhound racing permitholder, an amount equal to
 1482  such tax reduction applicable to the guest track handle shall be
 1483  retained by the host track, one-third of which amount shall be
 1484  paid as purses at the host track. These purse funds shall be
 1485  disbursed in the week received if the permitholder conducts at
 1486  least one live performance during that week. If the permitholder
 1487  does not conduct at least one live performance during the week
 1488  in which the purse funds are received, the purse funds shall be
 1489  disbursed weekly during the permitholder’s next race meet in an
 1490  amount determined by dividing the purse amount by the number of
 1491  performances approved for the permitholder pursuant to its
 1492  annual license, and multiplying that amount by the number of
 1493  performances conducted each week. The division shall conduct
 1494  audits necessary to ensure compliance with this paragraph.
 1495         (f) Each greyhound racing permitholder conducting live
 1496  racing shall, during the permitholder’s race meet, supply kennel
 1497  operators and the Division of Pari-Mutuel Wagering with a weekly
 1498  report showing purses paid on live greyhound races and all
 1499  greyhound intertrack and simulcast broadcasts, including both as
 1500  a guest and a host together with the handle or commission
 1501  calculations on which such purses were paid and the transmission
 1502  costs of sending the simulcast or intertrack broadcasts, so that
 1503  the kennel operators may determine statutory and contractual
 1504  compliance.
 1505         (g) Each greyhound racing permitholder conducting live
 1506  racing shall make direct payment of purses to the greyhound
 1507  owners who have filed with such permitholder appropriate federal
 1508  taxpayer identification information based on the percentage
 1509  amount agreed upon between the kennel operator and the greyhound
 1510  owner.
 1511         (h) At the request of a majority of kennel operators under
 1512  contract with a greyhound racing permitholder conducting live
 1513  racing, the permitholder shall make deductions from purses paid
 1514  to each kennel operator electing such deduction and shall make a
 1515  direct payment of such deductions to the local association of
 1516  greyhound kennel operators formed by a majority of kennel
 1517  operators under contract with the permitholder. The amount of
 1518  the deduction shall be at least 1 percent of purses, as
 1519  determined by the local association of greyhound kennel
 1520  operators. No Deductions may not be taken pursuant to this
 1521  paragraph without a kennel operator’s specific approval before
 1522  or after May 24, 1998 the effective date of this act.
 1523         (2)(3)As used in For the purpose of this section, the term
 1524  “live handle” means the handle from wagers placed at the
 1525  permitholder’s establishment on the live greyhound races
 1526  conducted at the permitholder’s establishment.
 1527         Section 25. Section 550.09515, Florida Statutes, is amended
 1528  to read:
 1529         550.09515 Thoroughbred racing horse taxes; abandoned
 1530  interest in a permit for nonpayment of taxes.—
 1531         (1) Pari-mutuel wagering at thoroughbred horse racetracks
 1532  in this state is an important business enterprise, and taxes
 1533  derived therefrom constitute a part of the tax structure which
 1534  funds operation of the state. Thoroughbred horse permitholders
 1535  should pay their fair share of these taxes to the state. This
 1536  business interest should not be taxed to such an extent as to
 1537  cause any racetrack which is operated under sound business
 1538  principles to be forced out of business. Due to the need to
 1539  protect the public health, safety, and welfare, the gaming laws
 1540  of the state provide for the thoroughbred horse industry to be
 1541  highly regulated and taxed. The state recognizes that there
 1542  exist identifiable differences between thoroughbred horse
 1543  permitholders based upon their ability to operate under such
 1544  regulation and tax system and at different periods during the
 1545  year.
 1546         (2)(a) The tax on handle for live thoroughbred horserace
 1547  performances shall be 0.5 percent.
 1548         (b) For purposes of this section, the term “handle” shall
 1549  have the same meaning as in s. 550.0951, and does shall not
 1550  include handle from intertrack wagering.
 1551         (3)(a) The division shall revoke the permit of a
 1552  thoroughbred racing horse permitholder that who does not pay the
 1553  tax due on handle for live thoroughbred horse performances for a
 1554  full schedule of live races for more than 24 consecutive months
 1555  during any 2 consecutive state fiscal years shall be void and
 1556  shall escheat to and become the property of the state unless
 1557  such failure to operate and pay tax on handle was the direct
 1558  result of fire, strike, war, or other disaster or event beyond
 1559  the ability of the permitholder to control. Financial hardship
 1560  to the permitholder does shall not, in and of itself, constitute
 1561  just cause for failure to operate and pay tax on handle. A
 1562  permit revoked under this subsection is void and may not be
 1563  reissued.
 1564         (b)In order to maximize the tax revenues to the state, the
 1565  division shall reissue an escheated thoroughbred horse permit to
 1566  a qualified applicant pursuant to the provisions of this chapter
 1567  as for the issuance of an initial permit. However, the
 1568  provisions of this chapter relating to referendum requirements
 1569  for a pari-mutuel permit shall not apply to the reissuance of an
 1570  escheated thoroughbred horse permit. As specified in the
 1571  application and upon approval by the division of an application
 1572  for the permit, the new permitholder shall be authorized to
 1573  operate a thoroughbred horse facility anywhere in the same
 1574  county in which the escheated permit was authorized to be
 1575  operated, notwithstanding the provisions of s. 550.054(2)
 1576  relating to mileage limitations.
 1577         (4) In the event that a court of competent jurisdiction
 1578  determines any of the provisions of this section to be
 1579  unconstitutional, it is the intent of the Legislature that the
 1580  provisions contained in this section shall be null and void and
 1581  that the provisions of s. 550.0951 shall apply to all
 1582  thoroughbred racing horse permitholders beginning on the date of
 1583  such judicial determination. To this end, the Legislature
 1584  declares that it would not have enacted any of the provisions of
 1585  this section individually and, to that end, expressly finds them
 1586  not to be severable.
 1587         (5) Notwithstanding the provisions of s. 550.0951(3)(c),
 1588  the tax on handle for intertrack wagering on rebroadcasts of
 1589  simulcast horseraces is 2.4 percent of the handle; provided
 1590  however, that if the guest track is a thoroughbred track located
 1591  more than 35 miles from the host track, the host track shall pay
 1592  a tax of .5 percent of the handle, and additionally the host
 1593  track shall pay to the guest track 1.9 percent of the handle to
 1594  be used by the guest track solely for purses. The tax shall be
 1595  deposited into the Pari-mutuel Wagering Trust Fund.
 1596         (6) A credit equal to the amount of contributions made by a
 1597  thoroughbred racing permitholder during the taxable year
 1598  directly to the Jockeys’ Guild or its health and welfare fund to
 1599  be used to provide health and welfare benefits for active,
 1600  disabled, and retired Florida jockeys and their dependents
 1601  pursuant to reasonable rules of eligibility established by the
 1602  Jockeys’ Guild is allowed against taxes on live handle due for a
 1603  taxable year under this section. A thoroughbred racing
 1604  permitholder may not receive a credit greater than an amount
 1605  equal to 1 percent of its paid taxes for the previous taxable
 1606  year.
 1607         (7) If a thoroughbred racing permitholder fails to operate
 1608  all performances on its 2001-2002 license, failure to pay tax on
 1609  handle for a full schedule of live races for those performances
 1610  in the 2001-2002 fiscal year does not constitute failure to pay
 1611  taxes on handle for a full schedule of live races in a fiscal
 1612  year for the purposes of subsection (3). This subsection may not
 1613  be construed as forgiving a thoroughbred racing permitholder
 1614  from paying taxes on performances conducted at its facility
 1615  pursuant to its 2001-2002 license other than for failure to
 1616  operate all performances on its 2001-2002 license. This
 1617  subsection expires July 1, 2003.
 1618         Section 26. Section 550.155, Florida Statutes, is amended
 1619  to read:
 1620         550.155 Pari-mutuel pool within track enclosure; takeouts;
 1621  breaks; penalty for purchasing part of a pari-mutuel pool for or
 1622  through another in specified circumstances; penalty for
 1623  accepting wagers on horse races made outside of a pari-mutuel
 1624  facility.—
 1625         (1) Wagering on the results of a horserace, dograce, or on
 1626  the scores or points of a jai alai game and the sale of tickets
 1627  or other evidences showing an interest in or a contribution to a
 1628  pari-mutuel pool are allowed within the enclosure of any pari
 1629  mutuel facility licensed and conducted under this chapter but
 1630  are not allowed elsewhere in this state, must be supervised by
 1631  the division, and are subject to such reasonable rules that the
 1632  division prescribes.
 1633         (2) The permitholder’s share of the takeout is that portion
 1634  of the takeout that remains after the pari-mutuel tax imposed
 1635  upon the contributions to the pari-mutuel pool is deducted from
 1636  the takeout and paid by the permitholder. The takeout is
 1637  deducted from all pari-mutuel pools but may be different
 1638  depending on the type of pari-mutuel pool. The permitholder
 1639  shall inform the patrons, either through the official program or
 1640  via the posting of signs at conspicuous locations, as to the
 1641  takeout currently being applied to handle at the facility. A
 1642  capital improvement proposed by a permitholder licensed under
 1643  this chapter to a pari-mutuel facility existing on June 23,
 1644  1981, which capital improvement requires, pursuant to any
 1645  municipal or county ordinance, resolution, or regulation, the
 1646  qualification or approval of the municipality or county wherein
 1647  the permitholder conducts its business operations, shall receive
 1648  approval unless the municipality or county is able to show that
 1649  the proposed improvement presents a justifiable and immediate
 1650  hazard to the health and safety of municipal or county
 1651  residents, provided the permitholder pays to the municipality or
 1652  county the cost of a building permit and provided the capital
 1653  improvement meets the following criteria:
 1654         (a) The improvement does not qualify as a development of
 1655  regional impact as defined in s. 380.06; and
 1656         (b) The improvement is contiguous to or within the existing
 1657  pari-mutuel facility site. To be contiguous, the site of the
 1658  improvement must share a sufficient common boundary with the
 1659  present pari-mutuel facility to allow full and free access
 1660  without crossing a public roadway, public waterway, or similar
 1661  barrier.
 1662         (3) After deducting the takeout and the “breaks,” a pari
 1663  mutuel pool must be redistributed to the contributors.
 1664         (4) Redistribution of funds otherwise distributable to the
 1665  contributors of a pari-mutuel pool must be a sum equal to the
 1666  next lowest multiple of 10 on all races and games.
 1667         (5) A distribution of a pari-mutuel pool may not be made of
 1668  the odd cents of any sum otherwise distributable, which odd
 1669  cents constitute the “breaks.”
 1670         (6) A person or corporation may not directly or indirectly
 1671  purchase pari-mutuel tickets or participate in the purchase of
 1672  any part of a pari-mutuel pool for another for hire or for any
 1673  gratuity. A person may not purchase any part of a pari-mutuel
 1674  pool through another wherein she or he gives or pays directly or
 1675  indirectly such other person anything of value. Any person who
 1676  violates this subsection is guilty of a misdemeanor of the
 1677  second degree, punishable as provided in s. 775.082 or s.
 1678  775.083.
 1679         (7) A person who accepts wagers on horseraces conducted at
 1680  in-state and out-of-state pari-mutuel facilities, excluding the
 1681  acceptance of wagers within the enclosure of a pari-mutuel
 1682  facility in this state which are accepted through such pari
 1683  mutuel facility’s ontrack totalisator, commits a felony of the
 1684  third degree, punishable as provided in s. 775.082 or s.
 1685  775.083. Each act of accepting a wager in violation of this
 1686  subsection constitutes a separate offense.
 1687         Section 27. Section 550.1625, Florida Statutes, is amended
 1688  to read:
 1689         550.1625 Greyhound racing dogracing; taxes.—
 1690         (1) The operation of a greyhound racing dog track and
 1691  legalized pari-mutuel betting at greyhound racing dog tracks in
 1692  this state is a privilege and is an operation that requires
 1693  strict supervision and regulation in the best interests of the
 1694  state. Pari-mutuel wagering at greyhound racing dog tracks in
 1695  this state is a substantial business, and taxes derived
 1696  therefrom constitute part of the tax structures of the state and
 1697  the counties. The operators of greyhound racing dog tracks
 1698  should pay their fair share of taxes to the state; at the same
 1699  time, this substantial business interest should not be taxed to
 1700  such an extent as to cause a track that is operated under sound
 1701  business principles to be forced out of business.
 1702         (2) A permitholder that conducts a greyhound race dograce
 1703  meet under this chapter must pay the daily license fee, the
 1704  admission tax, the breaks tax, and the tax on pari-mutuel handle
 1705  as provided in s. 550.0951 and is subject to all penalties and
 1706  sanctions provided in s. 550.0951(6).
 1707         Section 28. Section 550.1647, Florida Statutes, is
 1708  repealed.
 1709         Section 29. Section 550.1648, Florida Statutes, is amended
 1710  to read:
 1711         550.1648 Greyhound adoptions.—
 1712         (1)A greyhound racing Each dogracing permitholder that
 1713  conducts live racing at operating a greyhound racing dogracing
 1714  facility in this state shall provide for a greyhound adoption
 1715  booth to be located at the facility.
 1716         (1)(a) The greyhound adoption booth must be operated on
 1717  weekends by personnel or volunteers from a bona fide
 1718  organization that promotes or encourages the adoption of
 1719  greyhounds pursuant to s. 550.1647. Such bona fide organization,
 1720  as a condition of adoption, must provide sterilization of
 1721  greyhounds by a licensed veterinarian before relinquishing
 1722  custody of the greyhound to the adopter. The fee for
 1723  sterilization may be included in the cost of adoption. As used
 1724  in this section, the term “weekend” includes the hours during
 1725  which live greyhound racing is conducted on Friday, Saturday, or
 1726  Sunday, and the term “bona fide organization that promotes or
 1727  encourages the adoption of greyhounds” means an organization
 1728  that provides evidence of compliance with chapter 496 and
 1729  possesses a valid exemption from federal taxation issued by the
 1730  Internal Revenue Service. Information pamphlets and application
 1731  forms shall be provided to the public upon request.
 1732         (b)In addition, The kennel operator or owner shall notify
 1733  the permitholder that a greyhound is available for adoption and
 1734  the permitholder shall provide information concerning the
 1735  adoption of a greyhound in each race program and shall post
 1736  adoption information at conspicuous locations throughout the
 1737  greyhound racing dogracing facility. Any greyhound that is
 1738  participating in a race and that will be available for future
 1739  adoption must be noted in the race program. The permitholder
 1740  shall allow greyhounds to be walked through the track facility
 1741  to publicize the greyhound adoption program.
 1742         (2) In addition to the charity days authorized under s.
 1743  550.0351, a greyhound racing permitholder may fund the greyhound
 1744  adoption program by holding a charity racing day designated as
 1745  “Greyhound Adopt-A-Pet Day.” All profits derived from the
 1746  operation of the charity day must be placed into a fund used to
 1747  support activities at the racing facility which promote the
 1748  adoption of greyhounds. The division may adopt rules for
 1749  administering the fund. Proceeds from the charity day authorized
 1750  in this subsection may not be used as a source of funds for the
 1751  purposes set forth in s. 550.1647.
 1752         (3)(a) Upon a violation of this section by a permitholder
 1753  or licensee, the division may impose a penalty as provided in s.
 1754  550.0251(10) and require the permitholder to take corrective
 1755  action.
 1756         (b) A penalty imposed under s. 550.0251(10) does not
 1757  exclude a prosecution for cruelty to animals or for any other
 1758  criminal act.
 1759         Section 30. Section 550.1752, Florida Statutes, is created
 1760  to read:
 1761         550.1752 Permit reduction program.—
 1762         (1) The permit reduction program is created in the Division
 1763  of Pari-mutuel Wagering for the purpose of purchasing and
 1764  cancelling active pari-mutuel permits. The program shall be
 1765  funded from revenue share payments made by the Seminole Tribe of
 1766  Florida under the compact ratified by s. 285.710(3).
 1767         (2) The division shall purchase pari-mutuel permits from
 1768  pari-mutuel permitholders when sufficient moneys are available
 1769  for such purchases. A pari-mutuel permitholder may not submit an
 1770  offer to sell a permit unless it is actively conducting pari
 1771  mutuel racing or jai alai as required by law and satisfies all
 1772  applicable requirements for the permit. The division shall adopt
 1773  by rule the form to be used by a pari-mutuel permitholder for an
 1774  offer to sell a permit and shall establish a schedule for the
 1775  consideration of offers.
 1776         (3) The division shall establish the value of a pari-mutuel
 1777  permit based upon the valuation of one or more independent
 1778  appraisers selected by the division. The valuation of a permit
 1779  must be based on the permit’s fair market value and may not
 1780  include the value of the real estate or personal property. The
 1781  division may establish a value for the permit that is lower than
 1782  the amount determined by an independent appraiser but may not
 1783  establish a higher value.
 1784         (4) The division must accept the offer or offers that best
 1785  utilize available funding; however, the division may also accept
 1786  the offers that it determines are most likely to reduce the
 1787  incidence of gaming in this state. The division may not accept
 1788  an offer to purchase a permit or execute a contract to purchase
 1789  a permit if the sum of the purchase price for the permit under
 1790  the offer or the contract and the total of the purchase prices
 1791  under all previously executed contracts for the purchase of
 1792  permits exceeds $20 million.
 1793         (5)Following the execution of a contract between a
 1794  permitholder and the state for the acquisition of a permit owned
 1795  by a permitholder, and not less than 30 days after the
 1796  authorization of the nonoperating budget authority pursuant to
 1797  s. 216.181(12) required to pay the purchase price for such
 1798  permit, the division shall certify the executed contract to the
 1799  Chief Financial Officer and shall request the distribution to be
 1800  paid from the General Revenue Fund to the permitholder for the
 1801  closing of the purchase. The total of all such distributions for
 1802  all permit purchases may not exceed $20 million in all fiscal
 1803  years. Immediately after the closing of a purchase, the division
 1804  shall cancel any permit purchased under this section.
 1805         (6) This section expires on July 1, 2019, unless reenacted
 1806  by the Legislature.
 1807         Section 31. Section 550.1753, Florida Statutes, is created
 1808  to read:
 1809         550.1753 Thoroughbred purse and awards supplement program.—
 1810         (1)The thoroughbred purse and awards supplement program is
 1811  created in the division for the purpose of maintaining an active
 1812  and viable live thoroughbred racing, owning, and breeding
 1813  industry in this state. The program shall be funded from revenue
 1814  share payments made by the Seminole Tribe of Florida under the
 1815  compact ratified by s. 285.710(3).
 1816         (2)Beginning July 1, 2019, after the funds paid by the
 1817  Seminole Tribe of Florida to the state during each state fiscal
 1818  year exceed $20 million, and not less than 30 days after the
 1819  authorization of the nonoperating budget authority pursuant to
 1820  s. 216.181(12) needed to pay purse and awards supplement funds,
 1821  the division shall certify to the Chief Financial Officer the
 1822  amount of the purse and awards supplement funds to be
 1823  distributed to each eligible thoroughbred racing permitholder
 1824  pursuant to subsection (3) and shall request the distribution
 1825  from the General Revenue Fund to be paid to each thoroughbred
 1826  racing permitholder. The total of all such distributions for all
 1827  thoroughbred racing permitholders may not exceed $20 million in
 1828  any fiscal year.
 1829         (3)(a)Purse and awards supplement funds are intended to
 1830  enhance the purses and awards currently available on
 1831  thoroughbred horse racing in this state. Such funds also may be
 1832  used both to supplement thoroughbred horse racing purses and
 1833  awards and to subsidize the operating costs of and capital
 1834  improvements at permitted thoroughbred horse racing facilities
 1835  eligible for funding under this section, in accordance with an
 1836  agreement with the association representing a majority of the
 1837  thoroughbred horse owners and trainers conducting racing at each
 1838  such thoroughbred horse racing permitholder’s facility.
 1839         (b)A thoroughbred horse racing permitholder may not
 1840  receive purse and awards supplements under this section unless
 1841  it provides the division with a copy of an agreement between the
 1842  thoroughbred horse racing permitholder and the horsemen’s
 1843  association representing the majority of the thoroughbred
 1844  racehorse owners and trainers racing at the thoroughbred horse
 1845  racing permitholder’s facility for purses to be paid during its
 1846  upcoming meet. Ninety percent of all purse and awards supplement
 1847  funds must be devoted to purses and ten percent must be devoted
 1848  to breeders’, stallion, and special racing awards under this
 1849  chapter.
 1850         (c)The division shall apportion the purse and awards
 1851  supplement funds as follows:
 1852         1.The first $10 million shall be allocated to a
 1853  thoroughbred horse racing permitholder that has conducted a full
 1854  schedule of live racing for 15 consecutive years after June 30,
 1855  2000, has never operated at a facility in which slot machines
 1856  are located, and has never held a slot machine license, as long
 1857  as the thoroughbred horse racing permitholder uses the
 1858  allocation for thoroughbred horse racing purses and awards and
 1859  operations at the thoroughbred horse racing permitholder’s
 1860  facility, with at least 50 percent of such funds allocated to
 1861  thoroughbred horse racing purses. If more than one thoroughbred
 1862  horse racing permitholder is eligible to participate in this
 1863  allocation, the funds shall be allocated on a pro rata basis
 1864  based on the number of live race days to be conducted by those
 1865  eligible thoroughbred horse racing permitholders pursuant to
 1866  their annual racing licenses.
 1867         2.The balance of the funds shall be allocated on a pro
 1868  rata basis based on the number of live race days to be conducted
 1869  by thoroughbred horse racing permitholders pursuant to their
 1870  annual racing licenses.
 1871         3.If a thoroughbred horse racing permitholder fails to
 1872  conduct a live race day, the permitholder must return the unused
 1873  purse and awards supplement funds allocated for that day, and
 1874  the division shall reapportion the allocation of purse and
 1875  awards supplement funds to the remaining race days to be
 1876  conducted by that thoroughbred horse racing permitholder.
 1877         (d)1.In the event a limited thoroughbred racing
 1878  permitholder receives a license as a result of the conditions
 1879  set forth in s. 550.01215(7), it shall be allocated in its first
 1880  year of licensure a pro rata share as if it were licensed for an
 1881  additional 50 percent of its licensed racing days and may apply
 1882  in the next 2 state fiscal years for racing days and receive
 1883  funding under this section at the additional 50 percent rate
 1884  described in subparagraph (c)2. Funding under this paragraph is
 1885  conditioned upon the limited thoroughbred racing permitholder
 1886  applying for no more performances than are necessary to make up
 1887  the deficiency in the racing levels set forth in s.
 1888  550.01215(7), with funding in the following 2 years conditioned
 1889  upon applying for no more than this same number of performances
 1890  or the number of performances necessary to make up the
 1891  deficiency in the racing levels specified above at that point,
 1892  whichever is greater.
 1893         2.After three years of funding at the rate set forth in
 1894  this paragraph, the limited thoroughbred permitholder shall be
 1895  treated as other thoroughbred permitholders applying for funding
 1896  under this section.
 1897         3.Notwithstanding paragraph (a), funds received under this
 1898  paragraph may be used both to supplement purses and to subsidize
 1899  operating costs and capital improvements for the pari-mutuel
 1900  facility.
 1901         (e)The division shall distribute 10 percent of all purse
 1902  and awards supplement funds to the Florida Thoroughbred
 1903  Breeders’ Association, Inc., for the payment of breeders’,
 1904  stallion, and special racing awards, subject to s. 550.2625(3).
 1905  Supplement funds received by the association may be returned at
 1906  its discretion to thoroughbred horse racing permitholders for
 1907  special racing awards to be distributed by the permitholders to
 1908  owners of thoroughbred horses participating in prescribed
 1909  thoroughbred stakes races, nonstakes races, or both, all in
 1910  accordance with a written agreement establishing the rate,
 1911  procedure, and eligibility requirements for such awards for the
 1912  upcoming state fiscal year, entered into by the permitholder and
 1913  the Florida Thoroughbred Breeders’ Association, Inc., on or
 1914  before June 30 of each year.
 1915         (f)The division shall adopt by rule the form to be used by
 1916  a permitholder for applying for to receive purse and awards
 1917  supplement funds.
 1918         (4)The division may adopt rules necessary to implement
 1919  this section.
 1920         (5) This section expires June 30, 2036.
 1921         Section 32. Subsections (4) and (5) and paragraphs (a) and
 1922  (c) of subsection (7) of section 550.2415, Florida Statutes, are
 1923  amended to read:
 1924         550.2415 Racing of animals under certain conditions
 1925  prohibited; penalties; exceptions.—
 1926         (4) A prosecution pursuant to this section for a violation
 1927  of this section must begin within 90 days after the violation
 1928  was committed. Filing Service of an administrative complaint by
 1929  the division or a notice of violation by the stewards marks the
 1930  commencement of administrative action.
 1931         (5) The division shall adopt rules related to the testing
 1932  of racing animals which must include chain of custody procedures
 1933  and implement a split sample split-sample procedure for testing
 1934  animals under this section. The split sample procedure shall
 1935  require drawing of at least two samples the first of which shall
 1936  be tested by the state’s testing laboratory and the second of
 1937  which shall be retained in a separate secure location for
 1938  testing at a later date in accordance with rules adopted by the
 1939  division. The division shall only authorize testing by
 1940  laboratories accredited by the Racing Medication and Testing
 1941  Consortium.
 1942         (a) The division shall notify the owner or trainer, the
 1943  stewards, and the appropriate horsemen’s association of all drug
 1944  test results. If a drug test result is positive, and upon
 1945  request by the affected trainer or owner of the animal from
 1946  which the sample was obtained, the division shall send the split
 1947  sample to an approved independent laboratory for analysis. The
 1948  division shall establish standards and rules for uniform
 1949  enforcement and shall maintain a list of at least five approved
 1950  independent laboratories for an owner or trainer to select from
 1951  if a drug test result is positive.
 1952         (b) If the division laboratory’s findings are not confirmed
 1953  by the independent laboratory, no further administrative or
 1954  disciplinary action under this section may be pursued.
 1955         (c) If the independent laboratory confirms the division
 1956  laboratory’s positive result, the division may commence
 1957  administrative proceedings as prescribed in this chapter and
 1958  consistent with chapter 120. For purposes of this subsection,
 1959  the department shall in good faith attempt to obtain a
 1960  sufficient quantity of the test fluid to allow both a primary
 1961  test and a secondary test to be made.
 1962         (d) For the testing of a racing greyhound, if there is an
 1963  insufficient quantity of the secondary (split) sample for
 1964  confirmation of the division laboratory’s positive result, the
 1965  division may commence administrative proceedings as prescribed
 1966  in this chapter and consistent with chapter 120.
 1967         (e) For the testing of a racehorse, if there is an
 1968  insufficient quantity of the secondary (split) sample for
 1969  confirmation of the division laboratory’s positive result, the
 1970  division may not take further action on the matter against the
 1971  owner or trainer, and any resulting license suspension must be
 1972  immediately lifted.
 1973         (f) The division shall require its laboratory and the
 1974  independent laboratories to annually participate in an
 1975  externally administered quality assurance program designed to
 1976  assess testing proficiency in the detection and appropriate
 1977  quantification of medications, drugs, and naturally occurring
 1978  substances that may be administered to racing animals. The
 1979  administrator of the quality assurance program shall report its
 1980  results and findings to the division and the Department of
 1981  Agriculture and Consumer Services.
 1982         (7)(a) In order to protect the safety and welfare of racing
 1983  animals and the integrity of the races in which the animals
 1984  participate, the division shall adopt rules establishing the
 1985  conditions of use and maximum concentrations of medications,
 1986  drugs, and naturally occurring substances identified in the
 1987  Controlled Therapeutic Medication Schedule, Version 2.1, revised
 1988  April 17, 2014, adopted by the Association of Racing
 1989  Commissioners International, Inc. Controlled therapeutic
 1990  medications include only the specific medications and
 1991  concentrations allowed in biological samples which have been
 1992  approved by the Association of Racing Commissioners
 1993  International, Inc., as controlled therapeutic medications.
 1994         (c) The division rules must include a classification and
 1995  penalty system for the use of drugs, medications, and other
 1996  foreign substances which incorporates the Uniform Classification
 1997  Guidelines for Foreign Substances, Recommended Penalty
 1998  Guidelines, and the Multiple Medication Violation Penalty System
 1999  adopted and a corresponding penalty schedule for violations
 2000  which incorporates the Uniform Classification Guidelines for
 2001  Foreign Substances, Version 8.0, revised December 2014, by the
 2002  Association of Racing Commissioners International, Inc. The
 2003  division shall adopt laboratory screening limits approved by the
 2004  Association of Racing Commissioners International, Inc., for
 2005  drugs and medications that are not included as controlled
 2006  therapeutic medications, the presence of which in a sample may
 2007  result in a violation of this section.
 2008         Section 33. Section 550.2416, Florida Statutes, is created
 2009  to read:
 2010         550.2416Reporting of racing greyhound injuries.—
 2011         (1)An injury to a racing greyhound which occurs while the
 2012  greyhound is located in this state must be reported on a form
 2013  adopted by the division within 7 days after the date on which
 2014  the injury occurred or is believed to have occurred. The
 2015  division may adopt rules defining the term “injury.”
 2016         (2)The form shall be completed and signed under oath or
 2017  affirmation by the:
 2018         (a)Racetrack veterinarian or director of racing, if the
 2019  injury occurred at the racetrack facility; or
 2020         (b)Owner, trainer, or kennel operator who had knowledge of
 2021  the injury, if the injury occurred at a location other than the
 2022  racetrack facility, including during transportation.
 2023         (3)The division may fine, suspend, or revoke the license
 2024  of any individual who knowingly violates this section.
 2025         (4)The form must include the following:
 2026         (a)The greyhound’s registered name, right-ear and left-ear
 2027  tattoo numbers, and, if any, the microchip manufacturer and
 2028  number.
 2029         (b)The name, business address, and telephone number of the
 2030  greyhound owner, the trainer, and the kennel operator.
 2031         (c)The color, weight, and sex of the greyhound.
 2032         (d)The specific type and bodily location of the injury,
 2033  the cause of the injury, and the estimated recovery time from
 2034  the injury.
 2035         (e)If the injury occurred when the greyhound was racing:
 2036         1.The racetrack where the injury occurred;
 2037         2.The distance, grade, race, and post position of the
 2038  greyhound when the injury occurred; and
 2039         3.The weather conditions, time, and track conditions when
 2040  the injury occurred.
 2041         (f)If the injury occurred when the greyhound was not
 2042  racing:
 2043         1.The location where the injury occurred, including, but
 2044  not limited to, a kennel, a training facility, or a
 2045  transportation vehicle; and
 2046         2.The circumstances surrounding the injury.
 2047         (g)Other information that the division determines is
 2048  necessary to identify injuries to racing greyhounds in this
 2049  state.
 2050         (5)An injury form created pursuant to this section must be
 2051  maintained as a public record by the division for at least 7
 2052  years after the date it was received.
 2053         (6)A licensee of the department who knowingly makes a
 2054  false statement concerning an injury or fails to report an
 2055  injury is subject to disciplinary action under this chapter or
 2056  chapters 455 and 474.
 2057         (7)This section does not apply to injuries to a service
 2058  animal, personal pet, or greyhound that has been adopted as a
 2059  pet.
 2060         (8)The division shall adopt rules to implement this
 2061  section.
 2062         Section 34. Subsection (1) of section 550.26165, Florida
 2063  Statutes, is amended to read:
 2064         550.26165 Breeders’ awards.—
 2065         (1) The purpose of this section is to encourage the
 2066  agricultural activity of breeding and training racehorses in
 2067  this state. Moneys dedicated in this chapter for use as
 2068  breeders’ awards and stallion awards are to be used for awards
 2069  to breeders of registered Florida-bred horses winning horseraces
 2070  and for similar awards to the owners of stallions who sired
 2071  Florida-bred horses winning stakes races, if the stallions are
 2072  registered as Florida stallions standing in this state. Such
 2073  awards shall be given at a uniform rate to all winners of the
 2074  awards, may shall not be greater than 20 percent of the
 2075  announced gross purse, and may shall not be less than 15 percent
 2076  of the announced gross purse if funds are available. In
 2077  addition, at least no less than 17 percent, but not nor more
 2078  than 40 percent, as determined by the Florida Thoroughbred
 2079  Breeders’ Association, of the moneys dedicated in this chapter
 2080  for use as breeders’ awards and stallion awards for
 2081  thoroughbreds shall be returned pro rata to the permitholders
 2082  that generated the moneys for special racing awards to be
 2083  distributed by the permitholders to owners of thoroughbred
 2084  horses participating in prescribed thoroughbred stakes races,
 2085  nonstakes races, or both, all in accordance with a written
 2086  agreement establishing the rate, procedure, and eligibility
 2087  requirements for such awards entered into by the permitholder,
 2088  the Florida Thoroughbred Breeders’ Association, and the Florida
 2089  Horsemen’s Benevolent and Protective Association, Inc., except
 2090  that the plan for the distribution by any permitholder located
 2091  in the area described in s. 550.615(7) s. 550.615(9) shall be
 2092  agreed upon by that permitholder, the Florida Thoroughbred
 2093  Breeders’ Association, and the association representing a
 2094  majority of the thoroughbred racehorse owners and trainers at
 2095  that location. Awards for thoroughbred races are to be paid
 2096  through the Florida Thoroughbred Breeders’ Association, and
 2097  awards for standardbred races are to be paid through the Florida
 2098  Standardbred Breeders and Owners Association. Among other
 2099  sources specified in this chapter, moneys for thoroughbred
 2100  breeders’ awards will come from the 0.955 percent of handle for
 2101  thoroughbred races conducted, received, broadcast, or simulcast
 2102  under this chapter as provided in s. 550.2625(3). The moneys for
 2103  quarter horse and harness breeders’ awards will come from the
 2104  breaks and uncashed tickets on live quarter horse and harness
 2105  horse racing performances and 1 percent of handle on intertrack
 2106  wagering. The funds for these breeders’ awards shall be paid to
 2107  the respective breeders’ associations by the permitholders
 2108  conducting the races.
 2109         Section 35. Section 550.3345, Florida Statutes, is amended
 2110  to read:
 2111         550.3345 Conversion of quarter horse permit to a Limited
 2112  thoroughbred racing permit.—
 2113         (1) In recognition of the important and long-standing
 2114  economic contribution of the thoroughbred horse breeding
 2115  industry to this state and the state’s vested interest in
 2116  promoting the continued viability of this agricultural activity,
 2117  the state intends to provide a limited opportunity for the
 2118  conduct of live thoroughbred horse racing with the net revenues
 2119  from such racing dedicated to the enhancement of thoroughbred
 2120  purses and breeders’, stallion, and special racing awards under
 2121  this chapter; the general promotion of the thoroughbred horse
 2122  breeding industry; and the care in this state of thoroughbred
 2123  horses retired from racing.
 2124         (2) A limited thoroughbred racing permit previously
 2125  converted from Notwithstanding any other provision of law, the
 2126  holder of a quarter horse racing permit pursuant to chapter
 2127  2010-29, Laws of Florida, issued under s. 550.334 may only be
 2128  held by, within 1 year after the effective date of this section,
 2129  apply to the division for a transfer of the quarter horse racing
 2130  permit to a not-for-profit corporation formed under state law to
 2131  serve the purposes of the state as provided in subsection (1).
 2132  The board of directors of the not-for-profit corporation must be
 2133  composed comprised of 11 members, 4 of whom shall be designated
 2134  by the applicant, 4 of whom shall be designated by the Florida
 2135  Thoroughbred Breeders’ Association, and 3 of whom shall be
 2136  designated by the other 8 directors, with at least 1 of these 3
 2137  members being an authorized representative of another
 2138  thoroughbred racing permitholder in this state. A limited
 2139  thoroughbred racing The not-for-profit corporation shall submit
 2140  an application to the division for review and approval of the
 2141  transfer in accordance with s. 550.054. Upon approval of the
 2142  transfer by the division, and notwithstanding any other
 2143  provision of law to the contrary, the not-for-profit corporation
 2144  may, within 1 year after its receipt of the permit, request that
 2145  the division convert the quarter horse racing permit to a permit
 2146  authorizing the holder to conduct pari-mutuel wagering meets of
 2147  thoroughbred racing. Neither the transfer of the quarter horse
 2148  racing permit nor its conversion to a limited thoroughbred
 2149  permit shall be subject to the mileage limitation or the
 2150  ratification election as set forth under s. 550.054(2) or s.
 2151  550.0651. Upon receipt of the request for such conversion, the
 2152  division shall timely issue a converted permit. The converted
 2153  permit and the not-for-profit corporation are shall be subject
 2154  to the following requirements:
 2155         (a) All net revenues derived by the not-for-profit
 2156  corporation under the thoroughbred horse racing permit, after
 2157  the funding of operating expenses and capital improvements,
 2158  shall be dedicated to the enhancement of thoroughbred purses and
 2159  breeders’, stallion, and special racing awards under this
 2160  chapter; the general promotion of the thoroughbred horse
 2161  breeding industry; and the care in this state of thoroughbred
 2162  horses retired from racing.
 2163         (b) From December 1 through April 30, no live thoroughbred
 2164  racing may not be conducted under the permit on any day during
 2165  which another thoroughbred racing permitholder is conducting
 2166  live thoroughbred racing within 125 air miles of the not-for
 2167  profit corporation’s pari-mutuel facility unless the other
 2168  thoroughbred racing permitholder gives its written consent.
 2169         (c) After the conversion of the quarter horse racing permit
 2170  and the issuance of its initial license to conduct pari-mutuel
 2171  wagering meets of thoroughbred racing, the not-for-profit
 2172  corporation shall annually apply to the division for a license
 2173  pursuant to s. 550.01215(7) s. 550.5251.
 2174         (d) Racing under the permit may take place only at the
 2175  location for which the original quarter horse racing permit was
 2176  issued, which may be leased, notwithstanding s. 550.475, by the
 2177  not-for-profit corporation for that purpose; however, the not
 2178  for-profit corporation may, without the conduct of any
 2179  ratification election pursuant to s. 550.054(13) or s. 550.0651,
 2180  move the location of the permit to another location in the same
 2181  county or counties, if a permit is situated in such a manner
 2182  that it is located in more than one county, provided that such
 2183  relocation is approved under the zoning and land use regulations
 2184  of the applicable county or municipality.
 2185         (e) A limited thoroughbred racing No permit may not be
 2186  transferred converted under this section is eligible for
 2187  transfer to another person or entity.
 2188         (3) Unless otherwise provided in this section, after
 2189  conversion, the permit and the not-for-profit corporation shall
 2190  be treated under the laws of this state as a thoroughbred racing
 2191  permit and as a thoroughbred racing permitholder, respectively,
 2192  with the exception of ss. 550.054(9)(c) and (d) and s.
 2193  550.09515(3).
 2194         (4)Notwithstanding any other law, the holder of a limited
 2195  thoroughbred racing permit under this section which is not
 2196  licensed to conduct a full schedule of live racing may, at any
 2197  time, apply for and be issued an operating license under this
 2198  chapter to receive broadcasts of horseraces and conduct
 2199  intertrack wagering on such races as a guest track.
 2200         Section 36. Subsection (6) of section 550.3551, Florida
 2201  Statutes, is amended to read:
 2202         550.3551 Transmission of racing and jai alai information;
 2203  commingling of pari-mutuel pools.—
 2204         (6)(a) A maximum of 20 percent of the total number of races
 2205  on which wagers are accepted by a greyhound permitholder not
 2206  located as specified in s. 550.615(6) may be received from
 2207  locations outside this state. A permitholder may not conduct
 2208  fewer than eight live races or games on any authorized race day
 2209  except as provided in this subsection. A thoroughbred racing
 2210  permitholder may not conduct fewer than eight live races on any
 2211  race day without the written approval of the Florida
 2212  Thoroughbred Breeders’ Association and the Florida Horsemen’s
 2213  Benevolent and Protective Association, Inc., unless it is
 2214  determined by the department that another entity represents a
 2215  majority of the thoroughbred racehorse owners and trainers in
 2216  the state. A harness horse racing permitholder may conduct fewer
 2217  than eight live races on any authorized race day, except that
 2218  such permitholder must conduct a full schedule of live racing
 2219  during its race meet consisting of at least eight live races per
 2220  authorized race day for at least 100 days. Any harness horse
 2221  permitholder that during the preceding racing season conducted a
 2222  full schedule of live racing may, at any time during its current
 2223  race meet, receive full-card broadcasts of harness horse races
 2224  conducted at harness racetracks outside this state at the
 2225  harness track of the permitholder and accept wagers on such
 2226  harness races. With specific authorization from the division for
 2227  special racing events, a permitholder may conduct fewer than
 2228  eight live races or games when the permitholder also broadcasts
 2229  out-of-state races or games. The division may not grant more
 2230  than two such exceptions a year for a permitholder in any 12
 2231  month period, and those two exceptions may not be consecutive.
 2232         (b) Notwithstanding any other provision of this chapter,
 2233  any harness horse racing permitholder accepting broadcasts of
 2234  out-of-state harness horse races when such permitholder is not
 2235  conducting live races must make the out-of-state signal
 2236  available to all permitholders eligible to conduct intertrack
 2237  wagering and shall pay to guest tracks located as specified in
 2238  ss. 550.615(6) and s. 550.6305(9)(d) 50 percent of the net
 2239  proceeds after taxes and fees to the out-of-state host track on
 2240  harness horse race wagers which they accept. A harness horse
 2241  racing permitholder shall be required to pay into its purse
 2242  account 50 percent of the net income retained by the
 2243  permitholder on account of wagering on the out-of-state
 2244  broadcasts received pursuant to this subsection. Nine-tenths of
 2245  a percent of all harness horse race wagering proceeds on the
 2246  broadcasts received pursuant to this subsection shall be paid to
 2247  the Florida Standardbred Breeders and Owners Association under
 2248  the provisions of s. 550.2625(4) for the purposes provided
 2249  therein.
 2250         Section 37. Section 550.475, Florida Statutes, is amended
 2251  to read:
 2252         550.475 Lease of pari-mutuel facilities by pari-mutuel
 2253  permitholders.—Holders of valid pari-mutuel permits for the
 2254  conduct of any jai alai games, dogracing, or thoroughbred and
 2255  standardbred horse racing in this state are entitled to lease
 2256  any and all of their facilities to any other holder of a same
 2257  class, valid pari-mutuel permit for jai alai games, dogracing,
 2258  or thoroughbred or standardbred horse racing, when they are
 2259  located within a 35-mile radius of each other,; and such lessee
 2260  is entitled to a permit and license to operate its race meet or
 2261  jai alai games at the leased premises. A permitholder may not
 2262  lease facilities from a pari-mutuel permitholder that is not
 2263  conducting a full schedule of live racing.
 2264         Section 38. Section 550.5251, Florida Statutes, is amended
 2265  to read:
 2266         550.5251 Florida thoroughbred racing; certain permits;
 2267  operating days.—
 2268         (1) Each thoroughbred permitholder shall annually, during
 2269  the period commencing December 15 of each year and ending
 2270  January 4 of the following year, file in writing with the
 2271  division its application to conduct one or more thoroughbred
 2272  racing meetings during the thoroughbred racing season commencing
 2273  on the following July 1. Each application shall specify the
 2274  number and dates of all performances that the permitholder
 2275  intends to conduct during that thoroughbred racing season. On or
 2276  before March 15 of each year, the division shall issue a license
 2277  authorizing each permitholder to conduct performances on the
 2278  dates specified in its application. Up to February 28 of each
 2279  year, each permitholder may request and shall be granted changes
 2280  in its authorized performances; but thereafter, as a condition
 2281  precedent to the validity of its license and its right to retain
 2282  its permit, each permitholder must operate the full number of
 2283  days authorized on each of the dates set forth in its license.
 2284         (2)A thoroughbred racing permitholder may not begin any
 2285  race later than 7 p.m. Any thoroughbred permitholder in a county
 2286  in which the authority for cardrooms has been approved by the
 2287  board of county commissioners may operate a cardroom and, when
 2288  conducting live races during its current race meet, may receive
 2289  and rebroadcast out-of-state races after the hour of 7 p.m. on
 2290  any day during which the permitholder conducts live races.
 2291         (1)(3)(a) Each licensed thoroughbred permitholder in this
 2292  state must run an average of one race per racing day in which
 2293  horses bred in this state and duly registered with the Florida
 2294  Thoroughbred Breeders’ Association have preference as entries
 2295  over non-Florida-bred horses, unless otherwise agreed to in
 2296  writing by the permitholder, the Florida Thoroughbred Breeders’
 2297  Association, and the association representing a majority of the
 2298  thoroughbred racehorse owners and trainers at that location. All
 2299  licensed thoroughbred racetracks shall write the conditions for
 2300  such races in which Florida-bred horses are preferred so as to
 2301  assure that all Florida-bred horses available for racing at such
 2302  tracks are given full opportunity to run in the class of races
 2303  for which they are qualified. The opportunity of running must be
 2304  afforded to each class of horses in the proportion that the
 2305  number of horses in this class bears to the total number of
 2306  Florida-bred horses available. A track is not required to write
 2307  conditions for a race to accommodate a class of horses for which
 2308  a race would otherwise not be run at the track during its meet.
 2309         (2)(b) Each licensed thoroughbred permitholder in this
 2310  state may run one additional race per racing day composed
 2311  exclusively of Arabian horses registered with the Arabian Horse
 2312  Registry of America. Any licensed thoroughbred permitholder that
 2313  elects to run one additional race per racing day composed
 2314  exclusively of Arabian horses registered with the Arabian Horse
 2315  Registry of America is not required to provide stables for the
 2316  Arabian horses racing under this subsection paragraph.
 2317         (3)(c) Each licensed thoroughbred permitholder in this
 2318  state may run up to three additional races per racing day
 2319  composed exclusively of quarter horses registered with the
 2320  American Quarter Horse Association.
 2321         Section 39. Subsections (2), (4), (6), and (7) of section
 2322  550.615, Florida Statutes, are amended, present subsections (8),
 2323  (9), and (10) of that section are redesignated as subsections
 2324  (6), (7), and (8), respectively, present subsection (9) of that
 2325  section is amended, and a new subsection (9) is added to that
 2326  section, to read:
 2327         550.615 Intertrack wagering.—
 2328         (2) A Any track or fronton licensed under this chapter
 2329  which has conducted a full schedule of live racing or games for
 2330  at least 5 consecutive calendar years since 2010 in the
 2331  preceding year conducted a full schedule of live racing is
 2332  qualified to, at any time, receive broadcasts of any class of
 2333  pari-mutuel race or game and accept wagers on such races or
 2334  games conducted by any class of permitholders licensed under
 2335  this chapter.
 2336         (4) An In no event shall any intertrack wager may not be
 2337  accepted on the same class of live races or games of any
 2338  permitholder without the written consent of such operating
 2339  permitholders conducting the same class of live races or games
 2340  if the guest track is within the market area of such operating
 2341  permitholder. A greyhound racing permitholder licensed under
 2342  this chapter which accepts intertrack wagers on live greyhound
 2343  signals is not required to obtain the written consent required
 2344  by this subsection from any operating greyhound racing
 2345  permitholder within its market area.
 2346         (6) Notwithstanding the provisions of subsection (3), in
 2347  any area of the state where there are three or more horserace
 2348  permitholders within 25 miles of each other, intertrack wagering
 2349  between permitholders in said area of the state shall only be
 2350  authorized under the following conditions: Any permitholder,
 2351  other than a thoroughbred permitholder, may accept intertrack
 2352  wagers on races or games conducted live by a permitholder of the
 2353  same class or any harness permitholder located within such area
 2354  and any harness permitholder may accept wagers on games
 2355  conducted live by any jai alai permitholder located within its
 2356  market area and from a jai alai permitholder located within the
 2357  area specified in this subsection when no jai alai permitholder
 2358  located within its market area is conducting live jai alai
 2359  performances; any greyhound or jai alai permitholder may receive
 2360  broadcasts of and accept wagers on any permitholder of the other
 2361  class provided that a permitholder, other than the host track,
 2362  of such other class is not operating a contemporaneous live
 2363  performance within the market area.
 2364         (7) In any county of the state where there are only two
 2365  permits, one for dogracing and one for jai alai, no intertrack
 2366  wager may be taken during the period of time when a permitholder
 2367  is not licensed to conduct live races or games without the
 2368  written consent of the other permitholder that is conducting
 2369  live races or games. However, if neither permitholder is
 2370  conducting live races or games, either permitholder may accept
 2371  intertrack wagers on horseraces or on the same class of races or
 2372  games, or on both horseraces and the same class of races or
 2373  games as is authorized by its permit.
 2374         (7)(9) In any two contiguous counties of the state in which
 2375  there are located only four active permits, one for thoroughbred
 2376  horse racing, two for greyhound racing dogracing, and one for
 2377  jai alai games, an no intertrack wager may not be accepted on
 2378  the same class of live races or games of any permitholder
 2379  without the written consent of such operating permitholders
 2380  conducting the same class of live races or games if the guest
 2381  track is within the market area of such operating permitholder.
 2382         (9) A greyhound racing permitholder that is eligible to
 2383  receive broadcasts pursuant to subsection (2) and is operating
 2384  pursuant to a current year operating license that specifies that
 2385  no live performances will be conducted may accept wagers on live
 2386  races conducted at out-of-state greyhound tracks only on the
 2387  days when the permitholder receives all live races that any
 2388  greyhound host track in this state makes available.
 2389         Section 40. Subsections (1), (4), and (5) of section
 2390  550.6308, Florida Statutes, are amended to read:
 2391         550.6308 Limited intertrack wagering license.—In
 2392  recognition of the economic importance of the thoroughbred
 2393  breeding industry to this state, its positive impact on tourism,
 2394  and of the importance of a permanent thoroughbred sales facility
 2395  as a key focal point for the activities of the industry, a
 2396  limited license to conduct intertrack wagering is established to
 2397  ensure the continued viability and public interest in
 2398  thoroughbred breeding in Florida.
 2399         (1) Upon application to the division on or before January
 2400  31 of each year, any person that is licensed to conduct public
 2401  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 2402  conducted at least 8 15 days of thoroughbred horse sales at a
 2403  permanent sales facility in this state for at least 3
 2404  consecutive years, and that has conducted at least 1 day of
 2405  nonwagering thoroughbred racing in this state, with a purse
 2406  structure of at least $250,000 per year for 2 consecutive years
 2407  before such application, shall be issued a license, subject to
 2408  the conditions set forth in this section, to conduct intertrack
 2409  wagering at such a permanent sales facility during the following
 2410  periods:
 2411         (a) Up to 21 days in connection with thoroughbred sales;
 2412         (b) Between November 1 and May 8;
 2413         (c) Between May 9 and October 31 at such times and on such
 2414  days as any thoroughbred, jai alai, or a greyhound permitholder
 2415  in the same county is not conducting live performances; provided
 2416  that any such permitholder may waive this requirement, in whole
 2417  or in part, and allow the licensee under this section to conduct
 2418  intertrack wagering during one or more of the permitholder’s
 2419  live performances; and
 2420         (d) During the weekend of the Kentucky Derby, the
 2421  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 2422  conducted before November 1 and after May 8.
 2423  
 2424  Only No more than one such license may be issued, and no such
 2425  license may be issued for a facility located within 50 miles of
 2426  any for-profit thoroughbred permitholder’s track.
 2427         (4) Intertrack wagering under this section may be conducted
 2428  only on thoroughbred horse racing, except that intertrack
 2429  wagering may be conducted on any class of pari-mutuel race or
 2430  game conducted by any class of permitholders licensed under this
 2431  chapter if all thoroughbred, jai alai, and greyhound
 2432  permitholders in the same county as the licensee under this
 2433  section give their consent.
 2434         (4)(5) The licensee shall be considered a guest track under
 2435  this chapter. The licensee shall pay 2.5 percent of the total
 2436  contributions to the daily pari-mutuel pool on wagers accepted
 2437  at the licensee’s facility on greyhound races or jai alai games
 2438  to the thoroughbred permitholder that is conducting live races
 2439  for purses to be paid during its current racing meet. If more
 2440  than one thoroughbred permitholder is conducting live races on a
 2441  day during which the licensee is conducting intertrack wagering
 2442  on greyhound races or jai alai games, the licensee shall
 2443  allocate these funds between the operating thoroughbred
 2444  permitholders on a pro rata basis based on the total live handle
 2445  at the operating permitholders’ facilities.
 2446         Section 41. Section 551.101, Florida Statutes, is amended
 2447  to read:
 2448         551.101 Slot machine gaming authorized.—A Any licensed
 2449  eligible pari-mutuel facility located in Miami-Dade County or
 2450  Broward County existing at the time of adoption of s. 23, Art. X
 2451  of the State Constitution that has conducted live racing or
 2452  games during calendar years 2002 and 2003 may possess slot
 2453  machines and conduct slot machine gaming at the location where
 2454  the pari-mutuel permitholder is authorized to conduct pari
 2455  mutuel wagering activities pursuant to such permitholder’s valid
 2456  pari-mutuel permit or at the location where a licensee is
 2457  authorized to conduct slot machine gaming pursuant to s.
 2458  551.1043 provided that a majority of voters in a countywide
 2459  referendum have approved slot machines at such facility in the
 2460  respective county. Notwithstanding any other provision of law,
 2461  it is not a crime for a person to participate in slot machine
 2462  gaming at a pari-mutuel facility licensed to possess slot
 2463  machines and conduct slot machine gaming or to participate in
 2464  slot machine gaming described in this chapter.
 2465         Section 42. Subsections (4), (10), and (11) of section
 2466  551.102, Florida Statutes, are amended to read:
 2467         551.102 Definitions.—As used in this chapter, the term:
 2468         (4) “Eligible facility” means any licensed pari-mutuel
 2469  facility or any facility authorized to conduct slot machine
 2470  gaming pursuant to s. 551.1043, which meets the requirements of
 2471  s. 551.104(2) located in Miami-Dade County or Broward County
 2472  existing at the time of adoption of s. 23, Art. X of the State
 2473  Constitution that has conducted live racing or games during
 2474  calendar years 2002 and 2003 and has been approved by a majority
 2475  of voters in a countywide referendum to have slot machines at
 2476  such facility in the respective county; any licensed pari-mutuel
 2477  facility located within a county as defined in s. 125.011,
 2478  provided such facility has conducted live racing for 2
 2479  consecutive calendar years immediately preceding its application
 2480  for a slot machine license, pays the required license fee, and
 2481  meets the other requirements of this chapter; or any licensed
 2482  pari-mutuel facility in any other county in which a majority of
 2483  voters have approved slot machines at such facilities in a
 2484  countywide referendum held pursuant to a statutory or
 2485  constitutional authorization after the effective date of this
 2486  section in the respective county, provided such facility has
 2487  conducted a full schedule of live racing for 2 consecutive
 2488  calendar years immediately preceding its application for a slot
 2489  machine license, pays the required licensed fee, and meets the
 2490  other requirements of this chapter.
 2491         (10) “Slot machine license” means a license issued by the
 2492  division authorizing a pari-mutuel permitholder or a licensee
 2493  authorized pursuant to s. 551.1043 to place and operate slot
 2494  machines as provided in by s. 23, Art. X of the State
 2495  Constitution, the provisions of this chapter, and by division
 2496  rule rules.
 2497         (11) “Slot machine licensee” means a pari-mutuel
 2498  permitholder or a licensee authorized pursuant to s. 551.1043
 2499  which who holds a license issued by the division pursuant to
 2500  this chapter which that authorizes such person to possess a slot
 2501  machine within facilities specified in s. 23, Art. X of the
 2502  State Constitution and allows slot machine gaming.
 2503         Section 43. Subsections (1) and (2), paragraph (c) of
 2504  subsection (4), and paragraphs (a) and (c) of subsection (10) of
 2505  section 551.104, Florida Statutes, are amended to read:
 2506         551.104 License to conduct slot machine gaming.—
 2507         (1) Upon application, and a finding by the division, after
 2508  investigation, that the application is complete and that the
 2509  applicant is qualified, and payment of the initial license fee,
 2510  the division may issue a license to conduct slot machine gaming
 2511  in the designated slot machine gaming area of the eligible
 2512  facility. Once licensed, slot machine gaming may be conducted
 2513  subject to the requirements of this chapter and rules adopted
 2514  pursuant thereto. The division may not issue a slot machine
 2515  license to any pari-mutuel permitholder that includes, or
 2516  previously included within its ownership group, an ultimate
 2517  equitable owner that was also an ultimate equitable owner of a
 2518  pari-mutuel permitholder whose permit was voluntarily or
 2519  involuntarily surrendered, suspended, or revoked by the division
 2520  within 10 years before the date of permitholder’s filing of an
 2521  application for a slot machine license.
 2522         (2) An application may be approved by the division only if:
 2523         (a) The facility at which the applicant seeks to operate
 2524  slot machines is:
 2525         1. A licensed pari-mutuel facility located in Miami-Dade
 2526  County or Broward County existing at the time of adoption of s.
 2527  23, Art. X of the State Constitution which conducted live racing
 2528  or games during calendar years 2002 and 2003, if such
 2529  permitholder pays the required license fee and meets the other
 2530  requirements of this chapter, including a facility that
 2531  relocates pursuant to s. 550.0555;
 2532         2.A licensed pari-mutuel facility in any county in which a
 2533  majority of voters have approved slot machines in a countywide
 2534  referendum, if such permitholder has conducted a full schedule
 2535  of live racing or games as defined in s. 550.002(11) for 2
 2536  consecutive calendar years immediately preceding its initial
 2537  application for a slot machine license, pays the required
 2538  license fee, and meets the other requirements of this chapter;
 2539         3.A facility at which a licensee is authorized to conduct
 2540  slot machine gaming pursuant to s. 551.1043, if such licensee
 2541  pays the required license fee and meets the other requirements
 2542  of this chapter; or
 2543         4.A licensed pari-mutuel facility, except for a pari
 2544  mutuel facility described in subparagraph 1., located on or
 2545  contiguous with property of the qualified project of a public
 2546  private partnership consummated between the permitholder and a
 2547  responsible public entity in accordance with s. 255.065 in a
 2548  county in which the referendum required pursuant to paragraph
 2549  (b) is conducted on or after January 1, 2018, and concurrently
 2550  with a general election, if such permitholder has conducted a
 2551  full schedule of live racing or games as defined in s.
 2552  550.002(11) for 2 consecutive calendar years immediately
 2553  preceding its initial application for a slot machine license;
 2554  provided that a license may be issued under this subparagraph
 2555  only after a comprehensive agreement has been executed pursuant
 2556  to s. 255.065(7).
 2557         (b)after The voters of the county where the applicant’s
 2558  facility is located have authorized by referendum slot machines
 2559  within pari-mutuel facilities in that county as specified in s.
 2560  23, Art. X of the State Constitution.
 2561         (4) As a condition of licensure and to maintain continued
 2562  authority for the conduct of slot machine gaming, a the slot
 2563  machine licensee shall:
 2564         (c)1. If conducting live racing or games, conduct no fewer
 2565  than a full schedule of live racing or games as defined in s.
 2566  550.002(11). A permitholder’s responsibility to conduct a full
 2567  schedule such number of live races or games as defined in s.
 2568  550.002(11) shall be reduced by the number of races or games
 2569  that could not be conducted due to the direct result of fire,
 2570  war, hurricane, or other disaster or event beyond the control of
 2571  the permitholder. A permitholder may conduct live races or games
 2572  at another pari-mutuel facility pursuant to s. 550.475 if such
 2573  permitholder has operated its live races or games by lease for
 2574  at least 5 consecutive years immediately prior to the
 2575  permitholder’s application for a slot machine license; or
 2576         2. If not licensed to conduct a full schedule of live
 2577  racing or games as defined in s. 550.002(11), remit for the
 2578  payment of purses and awards on live races an amount equal to
 2579  the lesser of $2 million or 3 percent of its slot machine
 2580  revenues from the previous state fiscal year to a slot machine
 2581  licensee licensed to conduct not fewer than 160 days of
 2582  thoroughbred racing. A slot machine licensee receiving funds
 2583  under this subparagraph shall remit, within 10 days of receipt,
 2584  10 percent of those funds to the Florida Thoroughbred Breeders’
 2585  Association, Inc., for the payment of breeders’, stallion, and
 2586  special racing awards, subject to the fee authorized in s.
 2587  550.2625(3). If no slot machine licensee is licensed for at
 2588  least 160 days of live thoroughbred racing, no payments for
 2589  purses are required. A slot machine licensee that meets the
 2590  requirements of subsection (10) shall receive a dollar-for
 2591  dollar credit to be applied toward the payments required under
 2592  this subparagraph which are made pursuant to the binding
 2593  agreement after the effective date of this act. This
 2594  subparagraph expires July 1, 2036.
 2595         (10)(a)1.A No slot machine license or renewal thereof may
 2596  not shall be issued to an applicant holding a permit under
 2597  chapter 550 to conduct pari-mutuel wagering meets of
 2598  thoroughbred racing unless the applicant has on file with the
 2599  division a binding written agreement between the applicant and
 2600  the Florida Horsemen’s Benevolent and Protective Association,
 2601  Inc., governing the payment of purses on live thoroughbred races
 2602  conducted at the licensee’s pari-mutuel facility. In addition, a
 2603  no slot machine license or renewal thereof may not shall be
 2604  issued to such an applicant unless the applicant has on file
 2605  with the division a binding written agreement between the
 2606  applicant and the Florida Thoroughbred Breeders’ Association,
 2607  Inc., governing the payment of breeders’, stallion, and special
 2608  racing awards on live thoroughbred races conducted at the
 2609  licensee’s pari-mutuel facility. The agreement governing purses
 2610  and the agreement governing awards may direct the payment of
 2611  such purses and awards from revenues generated by any wagering
 2612  or gaming the applicant is authorized to conduct under Florida
 2613  law. All purses and awards are shall be subject to the terms of
 2614  chapter 550. All sums for breeders’, stallion, and special
 2615  racing awards shall be remitted monthly to the Florida
 2616  Thoroughbred Breeders’ Association, Inc., for the payment of
 2617  awards subject to the administrative fee authorized in s.
 2618  550.2625(3). This paragraph does not apply to a summer
 2619  thoroughbred racing permitholder.
 2620         2. No slot machine license or renewal thereof shall be
 2621  issued to an applicant holding a permit under chapter 550 to
 2622  conduct pari-mutuel wagering meets of quarter horse racing
 2623  unless the applicant has on file with the division a binding
 2624  written agreement between the applicant and the Florida Quarter
 2625  Horse Racing Association or the association representing a
 2626  majority of the horse owners and trainers at the applicant’s
 2627  eligible facility, governing the payment of purses on live
 2628  quarter horse races conducted at the licensee’s pari-mutuel
 2629  facility. The agreement governing purses may direct the payment
 2630  of such purses from revenues generated by any wagering or gaming
 2631  the applicant is authorized to conduct under Florida law. All
 2632  purses shall be subject to the terms of chapter 550.
 2633         (c)1. If an agreement required under paragraph (a) cannot
 2634  be reached prior to the initial issuance of the slot machine
 2635  license, either party may request arbitration or, in the case of
 2636  a renewal, if an agreement required under paragraph (a) is not
 2637  in place 120 days prior to the scheduled expiration date of the
 2638  slot machine license, the applicant shall immediately ask the
 2639  American Arbitration Association to furnish a list of 11
 2640  arbitrators, each of whom shall have at least 5 years of
 2641  commercial arbitration experience and no financial interest in
 2642  or prior relationship with any of the parties or their
 2643  affiliated or related entities or principals. Each required
 2644  party to the agreement shall select a single arbitrator from the
 2645  list provided by the American Arbitration Association within 10
 2646  days of receipt, and the individuals so selected shall choose
 2647  one additional arbitrator from the list within the next 10 days.
 2648         2. If an agreement required under paragraph (a) is not in
 2649  place 60 days after the request under subparagraph 1. in the
 2650  case of an initial slot machine license or, in the case of a
 2651  renewal, 60 days prior to the scheduled expiration date of the
 2652  slot machine license, the matter shall be immediately submitted
 2653  to mandatory binding arbitration to resolve the disagreement
 2654  between the parties. The three arbitrators selected pursuant to
 2655  subparagraph 1. shall constitute the panel that shall arbitrate
 2656  the dispute between the parties pursuant to the American
 2657  Arbitration Association Commercial Arbitration Rules and chapter
 2658  682.
 2659         3. At the conclusion of the proceedings, which shall be no
 2660  later than 90 days after the request under subparagraph 1. in
 2661  the case of an initial slot machine license or, in the case of a
 2662  renewal, 30 days prior to the scheduled expiration date of the
 2663  slot machine license, the arbitration panel shall present to the
 2664  parties a proposed agreement that the majority of the panel
 2665  believes equitably balances the rights, interests, obligations,
 2666  and reasonable expectations of the parties. The parties shall
 2667  immediately enter into such agreement, which shall satisfy the
 2668  requirements of paragraph (a) and permit issuance of the pending
 2669  annual slot machine license or renewal. The agreement produced
 2670  by the arbitration panel under this subparagraph shall be
 2671  effective until the last day of the license or renewal period or
 2672  until the parties enter into a different agreement. Each party
 2673  shall pay its respective costs of arbitration and shall pay one
 2674  half of the costs of the arbitration panel, unless the parties
 2675  otherwise agree. If the agreement produced by the arbitration
 2676  panel under this subparagraph remains in place 120 days prior to
 2677  the scheduled issuance of the next annual license renewal, then
 2678  the arbitration process established in this paragraph will begin
 2679  again.
 2680         4. In the event that neither of the agreements required
 2681  under paragraph (a) subparagraph (a)1. or the agreement required
 2682  under subparagraph (a)2. are not in place by the deadlines
 2683  established in this paragraph, arbitration regarding each
 2684  agreement will proceed independently, with separate lists of
 2685  arbitrators, arbitration panels, arbitration proceedings, and
 2686  resulting agreements.
 2687         5. With respect to the agreements required under paragraph
 2688  (a) governing the payment of purses, the arbitration and
 2689  resulting agreement called for under this paragraph shall be
 2690  limited to the payment of purses from slot machine revenues
 2691  only.
 2692         Section 44. Section 551.1042, Florida Statutes, is created
 2693  to read:
 2694         551.1042Transfer or relocation of slot machine license
 2695  prohibited.—A slot machine license issued under this chapter may
 2696  not be transferred or reissued when such reissuance is in the
 2697  nature of a transfer so as to permit or authorize a licensee to
 2698  change the location of a slot machine facility, except through
 2699  the relocation of the pari-mutuel permit pursuant to s.
 2700  550.0555.
 2701         Section 45. Section 551.1043, Florida Statutes, is created
 2702  to read:
 2703         551.1043 Slot machine license to enhance live pari-mutuel
 2704  activity.—In recognition of the important and long-standing
 2705  economic contribution of the pari-mutuel industry to this state
 2706  and the state’s vested interest in the revenue generated from
 2707  that industry and in the interest of promoting the continued
 2708  viability of the important statewide agricultural activities
 2709  that the industry supports, the Legislature finds that it is in
 2710  the state’s interest to provide a limited opportunity for the
 2711  establishment of two additional slot machine licenses to be
 2712  awarded and renewed annually and located within Broward County
 2713  or a county as defined in s. 125.011.
 2714         (1)(a) Within 120 days after the effective date of this
 2715  act, any person who is not a slot machine licensee may apply to
 2716  the division pursuant to s. 551.104(1) for one of the two slot
 2717  machine licenses created by this section to be located in
 2718  Broward County or a county as defined in s. 125.011. No more
 2719  than one of such licenses may be awarded in each of those
 2720  counties. An applicant shall submit an application to the
 2721  division which satisfies the requirements of s. 550.054(3). Any
 2722  person prohibited from holding any horseracing or dogracing
 2723  permit or jai alai fronton permit pursuant to s. 550.1815 is
 2724  ineligible to apply for the additional slot machine license
 2725  created by this section.
 2726         (b) The application shall be accompanied by a nonrefundable
 2727  license application fee of $2 million. The license application
 2728  fee shall be deposited into the Pari-mutuel Wagering Trust Fund
 2729  of the Department of Business and Professional Regulation to be
 2730  used by the division and the Department of Law Enforcement for
 2731  investigations, the regulation of slot machine gaming, and the
 2732  enforcement of slot machine gaming under this chapter. In the
 2733  event of a successful award, the license application fee shall
 2734  be credited toward the license application fee required by s.
 2735  551.106.
 2736         (2) If there is more than one applicant for an additional
 2737  slot machine license, the division shall award such license to
 2738  the applicant that receives the highest score based on the
 2739  following criteria:
 2740         (a) The amount of slot machine revenues the applicant will
 2741  agree to dedicate to the enhancement of pari-mutuel purses and
 2742  breeders’, stallion, and special racing or player awards to be
 2743  awarded to pari-mutuel activities conducted pursuant to chapter
 2744  550, in addition to those required pursuant to ss.
 2745  551.104(4)(c)2. and 849.086(14)(d)2.;
 2746         (b) The amount of slot machine revenues the applicant will
 2747  agree to dedicate to the general promotion of the state’s pari
 2748  mutuel industry;
 2749         (c) The amount of slot machine revenues the applicant will
 2750  agree to dedicate to care provided in this state to injured or
 2751  retired animals, jockeys, or jai alai players;
 2752         (d) The projected amount by which the proposed slot machine
 2753  facility will increase tourism, generate jobs, provide revenue
 2754  to the local economy, and provide revenue to the state. The
 2755  applicant and its partners shall document their previous
 2756  experience in constructing premier facilities with high-quality
 2757  amenities which complement a local tourism industry;
 2758         (e) The financial history of the applicant and its
 2759  partners, including, but not limited to, any capital investments
 2760  in slot machine gaming and pari-mutuel facilities, and its bona
 2761  fide plan for future community involvement and financial
 2762  investment;
 2763         (f) The history of investment by the applicant and its
 2764  partners in the communities in which its previous developments
 2765  have been located;
 2766         (g) The ability to purchase and maintain a surety bond in
 2767  an amount established by the division to represent the projected
 2768  annual state revenues expected to be generated by the proposed
 2769  slot machine facility;
 2770         (h) The ability to demonstrate the financial wherewithal to
 2771  adequately capitalize, develop, construct, maintain, and operate
 2772  a proposed slot machine facility. The applicant must demonstrate
 2773  the ability to commit at least $100 million for hard costs
 2774  related to construction and development of the facility,
 2775  exclusive of the purchase price and costs associated with the
 2776  acquisition of real property and any impact fees. The applicant
 2777  must also demonstrate the ability to meet any projected secured
 2778  and unsecured debt obligations and to complete construction
 2779  within 2 years after receiving the award of the slot machine
 2780  license;
 2781         (i) The ability to implement a program to train and employ
 2782  residents of South Florida to work at the facility and contract
 2783  with local business owners for goods and services; and
 2784         (j) The ability of the applicant to generate, with its
 2785  partners, substantial gross gaming revenue following the award
 2786  of gaming licenses through a competitive process.
 2787  
 2788  The division shall award additional points in the evaluation of
 2789  the applications for proposed projects located within a half
 2790  mile of two forms of public transportation in a designated
 2791  community redevelopment area or district.
 2792         (3)(a) Notwithstanding the timeframes established in s.
 2793  120.60, the division shall complete its evaluations at least 120
 2794  days after the submission of applications and shall notice its
 2795  intent to award each of the licenses within that timeframe.
 2796  Within 30 days after the submission of an application, the
 2797  division shall issue, if necessary, requests for additional
 2798  information or notices of deficiency to the applicant, who must
 2799  respond within 15 days. Failure to timely and sufficiently
 2800  respond to such requests or to correct identified deficiencies
 2801  is grounds for denial of the application.
 2802         (b) Any protest of an intent to award a license shall be
 2803  forwarded to the Division of Administrative Hearings, which
 2804  shall conduct an administrative hearing on the matter before an
 2805  administrative law judge at least 30 days after the notice of
 2806  intent to award. The administrative law judge shall issue a
 2807  proposed recommended order at least 30 days after the completion
 2808  of the final hearing. The division shall issue a final order at
 2809  least 15 days after receipt of the proposed recommended order.
 2810         (c) Any appeal of a license denial shall be made to the
 2811  First District Court of Appeal and must be accompanied by the
 2812  posting of a supersedeas bond in favor of the state in an amount
 2813  determined by the division to be equal to the amount of
 2814  projected annual slot machine revenue expected to be generated
 2815  for the state by the successful licensee which shall be payable
 2816  to the state if the state prevails in the appeal.
 2817         (4) The division is authorized to adopt emergency rules
 2818  pursuant to s. 120.54 to implement this section. The Legislature
 2819  finds that such emergency rulemaking power is necessary for the
 2820  preservation of the rights and welfare of the people in order to
 2821  provide additional funds to benefit the public. The Legislature
 2822  further finds that the unique nature of the competitive award of
 2823  the slot machine licenses under this section requires that the
 2824  department respond as quickly as is practicable to implement
 2825  this section. Therefore, in adopting such emergency rules, the
 2826  division is exempt from s. 120.54(4)(a). Emergency rules adopted
 2827  under this section are exempt from s. 120.54(4)(c) and shall
 2828  remain in effect until replaced by other emergency rules or by
 2829  rules adopted pursuant to chapter 120.
 2830         (5)A licensee authorized pursuant to this section to
 2831  conduct slot machine gaming is:
 2832         (a)Authorized to operate a cardroom pursuant to s.
 2833  849.086, notwithstanding that the licensee does not have a pari
 2834  mutuel permit and does not have an operating license, pursuant
 2835  to chapter 550;
 2836         (b)Authorized to operate up to 25 house banked blackjack
 2837  table games at its facility pursuant to s. 551.1044(2) and is
 2838  subject to s. 551.1044(3), notwithstanding that the licensee
 2839  does not have a pari-mutuel permit and does not have an
 2840  operating license, pursuant to chapter 550;
 2841         (c)Exempt from compliance with chapter 550; and
 2842         (d)Exempt from s. 551.104(3), (4)(b) and (c)1., (5), and
 2843  (10) and from s. 551.114(4).
 2844         Section 46. Section 551.1044, Florida Statutes, is created
 2845  to read:
 2846         551.1044 House banked blackjack table games authorized.—
 2847         (1) The pari-mutuel permitholder of each of the following
 2848  pari-mutuel wagering facilities may operate up to 25 house
 2849  banked blackjack table games at the permitholder’s facility:
 2850         (a) A licensed pari-mutuel facility where live racing or
 2851  games were conducted during calendar years 2002 and 2003,
 2852  located in Miami-Dade County or Broward County, and authorized
 2853  for slot machine licensure pursuant to s. 23, Art. X of the
 2854  State Constitution; and
 2855         (b) A licensed pari-mutuel facility where a full schedule
 2856  of live horseracing has been conducted for 2 consecutive
 2857  calendar years immediately preceding its initial application for
 2858  a slot machine license which is located within a county as
 2859  defined in s. 125.011.
 2860         (2) Wagers on authorized house banked blackjack table games
 2861  may not exceed $100 for each initial two-card wager. Subsequent
 2862  wagers on splits or double downs are allowed but may not exceed
 2863  the initial two-card wager. Single side bets of not more than $5
 2864  are also allowed.
 2865         (3)Each pari-mutuel permitholder offering house banked
 2866  blackjack pursuant to this section shall pay a tax to the state
 2867  of 25 percent of the blackjack operator’s monthly gross
 2868  receipts. All provisions of s. 849.086(14), except s.
 2869  849.086(14)(a) or (b), apply to taxes owed pursuant to this
 2870  section.
 2871         Section 47. Subsections (1) and (2) and present subsection
 2872  (4) of section 551.106, Florida Statutes, are amended,
 2873  subsections (3) and (5) of that section are redesignated as new
 2874  subsection (4) and subsection (6), respectively, and a new
 2875  subsection (3) is added to that section, to read:
 2876         551.106 License fee; tax rate; penalties.—
 2877         (1) LICENSE FEE.—
 2878         (a) Upon submission of the initial application for a slot
 2879  machine license, and annually thereafter, on the anniversary
 2880  date of the issuance of the initial license, the licensee must
 2881  pay to the division a nonrefundable license fee of $3 million
 2882  for the succeeding 12 months of licensure. In the 2010-2011
 2883  fiscal year, the licensee must pay the division a nonrefundable
 2884  license fee of $2.5 million for the succeeding 12 months of
 2885  licensure. In the 2011-2012 fiscal year and for every fiscal
 2886  year thereafter, the licensee must pay the division a
 2887  nonrefundable license fee of $2 million for the succeeding 12
 2888  months of licensure. The license fee shall be deposited into the
 2889  Pari-mutuel Wagering Trust Fund of the Department of Business
 2890  and Professional Regulation to be used by the division and the
 2891  Department of Law Enforcement for investigations, regulation of
 2892  slot machine gaming, and enforcement of slot machine gaming
 2893  provisions under this chapter. These payments shall be accounted
 2894  for separately from taxes or fees paid pursuant to the
 2895  provisions of chapter 550.
 2896         (b) Prior to January 1, 2007, the division shall evaluate
 2897  the license fee and shall make recommendations to the President
 2898  of the Senate and the Speaker of the House of Representatives
 2899  regarding the optimum level of slot machine license fees in
 2900  order to adequately support the slot machine regulatory program.
 2901         (2) TAX ON SLOT MACHINE REVENUES.—
 2902         (a) The tax rate on slot machine revenues at each facility
 2903  is shall be 35 percent. Effective January 1, 2018, the tax rate
 2904  on slot machine revenues at each facility is 30 percent.
 2905  Effective July 1, 2019, the tax rate on slot machine revenues at
 2906  each facility is 25 percent. If, during any state fiscal year,
 2907  the aggregate amount of tax paid to the state by all slot
 2908  machine licensees in Broward and Miami-Dade Counties which were
 2909  licensed before January 1, 2017, is less than the aggregate
 2910  amount of tax paid to the state by all slot machine licensees in
 2911  those counties that were licensed before January 1, 2017, in the
 2912  2017-2018 2008-2009 fiscal year, any each slot machine licensee
 2913  that was licensed before January 1, 2017, that paid less in that
 2914  year than it paid in the 2017-2018 fiscal year shall pay to the
 2915  state within 45 days after the end of the state fiscal year a
 2916  surcharge equal to its pro rata share of an amount equal to the
 2917  difference between the aggregate amount of tax that it paid to
 2918  the state by all slot machine licensees in the 2017-2018 2008
 2919  2009 fiscal year and the amount of tax paid during the
 2920  applicable state fiscal year. Each licensee’s pro rata share
 2921  shall be an amount determined by dividing the number 1 by the
 2922  number of facilities licensed to operate slot machines during
 2923  the applicable fiscal year, regardless of whether the facility
 2924  is operating such machines.
 2925         (b) The slot machine revenue tax imposed by this section on
 2926  facilities licensed pursuant to s. 551.104(2)(a)1.-3. shall be
 2927  paid to the division for deposit into the Pari-mutuel Wagering
 2928  Trust Fund for immediate transfer by the Chief Financial Officer
 2929  for deposit into the Educational Enhancement Trust Fund of the
 2930  Department of Education. Any interest earnings on the tax
 2931  revenues shall also be transferred to the Educational
 2932  Enhancement Trust Fund. The slot machine revenue tax imposed by
 2933  this section on facilities licensed pursuant to s.
 2934  551.104(2)(a)4. shall be paid to the division for deposit into
 2935  the Pari-mutuel Wagering Trust Fund. The division shall transfer
 2936  90 percent of such funds to be deposited by the Chief Financial
 2937  Officer into the Educational Enhancement Trust Fund of the
 2938  Department of Education and shall transfer 10 percent of such
 2939  funds to the responsible public entity for the public-private
 2940  partnership of the slot machine licensee pursuant to ss.
 2941  551.104(2)(a)4. and 255.065.
 2942         (c)1. Funds transferred to the Educational Enhancement
 2943  Trust Fund under paragraph (b) shall be used to supplement
 2944  public education funding statewide. Funds transferred to a
 2945  responsible public entity pursuant to paragraph (b) shall be
 2946  used in accordance with s. 255.065 to finance the qualifying
 2947  project of such entity and the slot machine licensee which
 2948  established the licensee’s eligibility for initial licensure
 2949  pursuant to s. 551.104(2)(a)4.
 2950         2. If necessary to comply with any covenant established
 2951  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 2952  funds transferred to the Educational Enhancement Trust Fund
 2953  under paragraph (b) shall first be available to pay debt service
 2954  on lottery bonds issued to fund school construction in the event
 2955  lottery revenues are insufficient for such purpose or to satisfy
 2956  debt service reserve requirements established in connection with
 2957  lottery bonds. Moneys available pursuant to this subparagraph
 2958  are subject to annual appropriation by the Legislature.
 2959         (3) SLOT MACHINE GUARANTEE FEE; SURCHARGE.—
 2960         (a)If a permitholder located within a county that has
 2961  conducted a successful slot machine referendum after January 1,
 2962  2012, or a holder of a slot machine license awarded pursuant to
 2963  s. 551.1043 does not pay at least $11 million in total slot
 2964  machine taxes and license fees to the state in state fiscal year
 2965  2018-2019, the permitholder shall pay to the state within 45
 2966  days after the end of the state fiscal year a surcharge equal to
 2967  the difference between the aggregate amount of slot machine
 2968  taxes and license fees paid to the state in the fiscal year and
 2969  $11 million, regardless of whether the permitholder or licensee
 2970  operated slot machines during the fiscal year.
 2971         (b)If a permitholder located within a county that has
 2972  conducted a successful slot machine referendum after January 1,
 2973  2012, or a holder of a slot machine license awarded pursuant to
 2974  s. 551.1043 does not pay at least $21 million in total slot
 2975  machine taxes and license fees to the state in state fiscal year
 2976  2019-2020 and any subsequent state fiscal year, the permitholder
 2977  shall pay to the state within 45 days after the end of the state
 2978  fiscal year a surcharge equal to the difference between the
 2979  aggregate amount of slot machine taxes and license fees paid to
 2980  the state in the fiscal year and $21 million, regardless of
 2981  whether the permitholder or licensee operated slot machines
 2982  during the fiscal year.
 2983         (5)(4) TO PAY TAX; PENALTIES.—A slot machine licensee or
 2984  pari-mutuel permitholder who fails to make tax and any
 2985  applicable surcharge payments as required under this section is
 2986  subject to an administrative penalty of up to $10,000 for each
 2987  day the tax payment is not remitted. All administrative
 2988  penalties imposed and collected shall be deposited into the
 2989  Pari-mutuel Wagering Trust Fund of the Department of Business
 2990  and Professional Regulation. If any slot machine licensee or
 2991  pari-mutuel permitholder fails to pay penalties imposed by order
 2992  of the division under this subsection, the division may deny,
 2993  suspend, revoke, or refuse to renew the license of the
 2994  permitholder or slot machine licensee.
 2995         Section 48. Subsection (2) of section 551.108, Florida
 2996  Statutes, is amended to read:
 2997         551.108 Prohibited relationships.—
 2998         (2) A manufacturer or distributor of slot machines may not
 2999  enter into any contract with a slot machine licensee that
 3000  provides for any revenue sharing of any kind or nature that is
 3001  directly or indirectly calculated on the basis of a percentage
 3002  of slot machine revenues. Any maneuver, shift, or device whereby
 3003  this subsection is violated is a violation of this chapter and
 3004  renders any such agreement void. This subsection does not apply
 3005  to contracts related to a progressive system used in conjunction
 3006  with slot machines.
 3007         Section 49. Subsections (2) and (4) of section 551.114,
 3008  Florida Statutes, are amended to read:
 3009         551.114 Slot machine gaming areas.—
 3010         (2) If such races or games are available to the slot
 3011  machine licensee, the slot machine licensee shall display pari
 3012  mutuel races or games within the designated slot machine gaming
 3013  areas and offer patrons within the designated slot machine
 3014  gaming areas the ability to engage in pari-mutuel wagering on
 3015  any live, intertrack, and simulcast races conducted or offered
 3016  to patrons of the licensed facility.
 3017         (4) Designated slot machine gaming areas shall may be
 3018  located anywhere within the property described in a slot machine
 3019  licensee’s pari-mutuel permit within the current live gaming
 3020  facility or in an existing building that must be contiguous and
 3021  connected to the live gaming facility. If a designated slot
 3022  machine gaming area is to be located in a building that is to be
 3023  constructed, that new building must be contiguous and connected
 3024  to the live gaming facility.
 3025         Section 50. Section 551.116, Florida Statutes, is amended
 3026  to read:
 3027         551.116 Days and hours of operation.—Slot machine gaming
 3028  areas may be open 24 hours per day, 7 days a week daily
 3029  throughout the year. The slot machine gaming areas may be open a
 3030  cumulative amount of 18 hours per day on Monday through Friday
 3031  and 24 hours per day on Saturday and Sunday and on those
 3032  holidays specified in s. 110.117(1).
 3033         Section 51. Subsections (1) and (3) of section 551.121,
 3034  Florida Statutes, are amended to read:
 3035         551.121 Prohibited activities and devices; exceptions.—
 3036         (1) Complimentary or reduced-cost alcoholic beverages may
 3037  not be served to a person persons playing a slot machine.
 3038  Alcoholic beverages served to persons playing a slot machine
 3039  shall cost at least the same amount as alcoholic beverages
 3040  served to the general public at a bar within the facility.
 3041         (3) A slot machine licensee may not allow any automated
 3042  teller machine or similar device designed to provide credit or
 3043  dispense cash to be located within the designated slot machine
 3044  gaming areas of a facility of a slot machine licensee.
 3045         Section 52. Present subsections (9) through (17) of section
 3046  849.086, Florida Statutes, are redesignated as subsections (10)
 3047  through (18), respectively, and a new subsection (9) is added to
 3048  that section, subsections (1) and (2) of that section are
 3049  amended, paragraph (g) is added to subsection (4) of that
 3050  section, and paragraph (b) of subsection (5), paragraphs (a),
 3051  (b), and (c) of subsection (7), paragraphs (a) and (b) of
 3052  subsection (8), present subsection (12), paragraphs (d) and (h)
 3053  of present subsection (13), and present subsection (17) of
 3054  section 849.086, Florida Statutes, are amended, to read:
 3055         849.086 Cardrooms authorized.—
 3056         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 3057  to provide additional entertainment choices for the residents of
 3058  and visitors to the state, promote tourism in the state, provide
 3059  revenues to support the continuation of live pari-mutuel
 3060  activity, and provide additional state revenues through the
 3061  authorization of the playing of certain games in the state at
 3062  facilities known as cardrooms which are to be located at
 3063  licensed pari-mutuel facilities. To ensure the public confidence
 3064  in the integrity of authorized cardroom operations, this act is
 3065  designed to strictly regulate the facilities, persons, and
 3066  procedures related to cardroom operations. Furthermore, the
 3067  Legislature finds that authorized games of poker and dominoes as
 3068  herein defined are considered to be pari-mutuel style games and
 3069  not casino gaming because the participants play against each
 3070  other instead of against the house.
 3071         (2) DEFINITIONS.—As used in this section:
 3072         (a) “Authorized game” means a game or series of games of
 3073  poker or dominoes which are played in conformance with this
 3074  section a nonbanking manner.
 3075         (b) “Banking game” means a game in which the house is a
 3076  participant in the game, taking on players, paying winners, and
 3077  collecting from losers or in which the cardroom establishes a
 3078  bank against which participants play. A designated player game
 3079  is not a banking game.
 3080         (c) “Cardroom” means a facility where authorized games are
 3081  played for money or anything of value and to which the public is
 3082  invited to participate in such games and charged a fee for
 3083  participation by the operator of such facility. Authorized games
 3084  and cardrooms do not constitute casino gaming operations if
 3085  conducted at an eligible facility.
 3086         (d) “Cardroom management company” means any individual not
 3087  an employee of the cardroom operator, any proprietorship,
 3088  partnership, corporation, or other entity that enters into an
 3089  agreement with a cardroom operator to manage, operate, or
 3090  otherwise control the daily operation of a cardroom.
 3091         (e) “Cardroom distributor” means any business that
 3092  distributes cardroom paraphernalia such as card tables, betting
 3093  chips, chip holders, dominoes, dominoes tables, drop boxes,
 3094  banking supplies, playing cards, card shufflers, and other
 3095  associated equipment to authorized cardrooms.
 3096         (f) “Cardroom operator” means a licensed pari-mutuel
 3097  permitholder that which holds a valid permit and license issued
 3098  by the division pursuant to chapter 550 and which also holds a
 3099  valid cardroom license issued by the division pursuant to this
 3100  section which authorizes such person to operate a cardroom and
 3101  to conduct authorized games in such cardroom.
 3102         (g)“Designated player” means the player identified as the
 3103  player in the dealer position and seated at a traditional player
 3104  position in a designated player game who pays winning players
 3105  and collects from losing players.
 3106         (h)“Designated player game” means a game in which the
 3107  players compare their cards only to the cards of the designated
 3108  player or to a combination of cards held by the designated
 3109  player and cards common and available for play by all players.
 3110         (i)(g) “Division” means the Division of Pari-mutuel
 3111  Wagering of the Department of Business and Professional
 3112  Regulation.
 3113         (j)(h) “Dominoes” means a game of dominoes typically played
 3114  with a set of 28 flat rectangular blocks, called “bones,” which
 3115  are marked on one side and divided into two equal parts, with
 3116  zero to six dots, called “pips,” in each part. The term also
 3117  includes larger sets of blocks that contain a correspondingly
 3118  higher number of pips. The term also means the set of blocks
 3119  used to play the game.
 3120         (k)(i) “Gross receipts” means the total amount of money
 3121  received by a cardroom from any person for participation in
 3122  authorized games.
 3123         (l)(j) “House” means the cardroom operator and all
 3124  employees of the cardroom operator.
 3125         (m)(k) “Net proceeds” means the total amount of gross
 3126  receipts received by a cardroom operator from cardroom
 3127  operations less direct operating expenses related to cardroom
 3128  operations, including labor costs, admission taxes only if a
 3129  separate admission fee is charged for entry to the cardroom
 3130  facility, gross receipts taxes imposed on cardroom operators by
 3131  this section, the annual cardroom license fees imposed by this
 3132  section on each table operated at a cardroom, and reasonable
 3133  promotional costs excluding officer and director compensation,
 3134  interest on capital debt, legal fees, real estate taxes, bad
 3135  debts, contributions or donations, or overhead and depreciation
 3136  expenses not directly related to the operation of the cardrooms.
 3137         (n)(l) “Rake” means a set fee or percentage of the pot
 3138  assessed by a cardroom operator for providing the services of a
 3139  dealer, table, or location for playing the authorized game.
 3140         (o)(m) “Tournament” means a series of games that have more
 3141  than one betting round involving one or more tables and where
 3142  the winners or others receive a prize or cash award.
 3143         (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
 3144  Wagering of the Department of Business and Professional
 3145  Regulation shall administer this section and regulate the
 3146  operation of cardrooms under this section and the rules adopted
 3147  pursuant thereto, and is hereby authorized to:
 3148         (g) Establish a reasonable period to respond to requests
 3149  from a licensed cardroom; provided however, the division has a
 3150  maximum of 45 days to approve:
 3151         1. A cardroom’s internal controls or provide the cardroom
 3152  with a list of deficiencies as to the internal controls.
 3153         2. Rules for a new authorized game submitted by a licensed
 3154  cardroom or provide the cardroom with a list of deficiencies as
 3155  to those rules.
 3156  
 3157  Not later than 10 days after the submission of revised internal
 3158  controls or revised rules addressing the deficiencies identified
 3159  by the division, the division must review and approve or reject
 3160  the revised internal controls or revised rules.
 3161         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 3162  operate a cardroom in this state unless such person holds a
 3163  valid cardroom license issued pursuant to this section.
 3164         (b) After the initial cardroom license is granted, the
 3165  application for the annual license renewal shall be made in
 3166  conjunction with the applicant’s annual application for its
 3167  pari-mutuel license. If a permitholder has operated a cardroom
 3168  during any of the 3 previous fiscal years and fails to include a
 3169  renewal request for the operation of the cardroom in its annual
 3170  application for license renewal, the permitholder may amend its
 3171  annual application to include operation of the cardroom. In
 3172  order for a cardroom license to be renewed the applicant must
 3173  have requested, as part of its pari-mutuel annual license
 3174  application, to conduct at least 90 percent of the total number
 3175  of live performances conducted by such permitholder during
 3176  either the state fiscal year in which its initial cardroom
 3177  license was issued or the state fiscal year immediately prior
 3178  thereto if the permitholder ran at least a full schedule of live
 3179  racing or games in the prior year. If the application is for a
 3180  harness permitholder cardroom, the applicant must have requested
 3181  authorization to conduct a minimum of 140 live performances
 3182  during the state fiscal year immediately prior thereto. If more
 3183  than one permitholder is operating at a facility, each
 3184  permitholder must have applied for a license to conduct a full
 3185  schedule of live racing.
 3186         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 3187         (a) A cardroom may be operated only at the location
 3188  specified on the cardroom license issued by the division, and
 3189  such location may only be the location at which the pari-mutuel
 3190  permitholder is authorized to conduct pari-mutuel wagering
 3191  activities pursuant to such permitholder’s valid pari-mutuel
 3192  permit or as otherwise authorized by law. Cardroom operations
 3193  may not be allowed beyond the hours provided in paragraph (b)
 3194  regardless of the number of cardroom licenses issued for
 3195  permitholders operating at the pari-mutuel facility.
 3196         (b) Any cardroom operator may operate a cardroom at the
 3197  pari-mutuel facility daily throughout the year, if the
 3198  permitholder meets the requirements under paragraph (5)(b). The
 3199  cardroom may be open a cumulative amount of 18 hours per day on
 3200  Monday through Friday and 24 hours per day on Saturday and
 3201  Sunday and on the holidays specified in s. 110.117(1).
 3202         (c) A cardroom operator must at all times employ and
 3203  provide a nonplaying live dealer at for each table on which
 3204  authorized card games which traditionally use a dealer are
 3205  conducted, except for designated player games at the cardroom.
 3206  Such dealers may not have a participatory interest in any game
 3207  other than the dealing of cards and may not have an interest in
 3208  the outcome of the game. The providing of such dealers by a
 3209  licensee does not constitute the conducting of a banking game by
 3210  the cardroom operator.
 3211         (8) METHOD OF WAGERS; LIMITATION.—
 3212         (a) No Wagering may not be conducted using money or other
 3213  negotiable currency. Games may only be played utilizing a
 3214  wagering system whereby all players’ money is first converted by
 3215  the house to tokens or chips that may which shall be used for
 3216  wagering only at that specific cardroom.
 3217         (b) The cardroom operator may limit the amount wagered in
 3218  any game or series of games.
 3219         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 3220         (a)A cardroom operator may offer designated player games
 3221  consisting of players making wagers against the designated
 3222  player. The designated player must be licensed pursuant to
 3223  paragraph (6)(b). Employees of a designated player also must be
 3224  licensed, and the designated player shall pay, in addition to
 3225  the business occupational fee established pursuant to paragraph
 3226  (6)(i), an employee occupational license fee which may not
 3227  exceed $500 per employee for any 12-month period.
 3228         (b)A cardroom operator may not serve as a designated
 3229  player in any game. The cardroom operator may not have a
 3230  financial interest in a designated player in any game. A
 3231  cardroom operator may collect a rake in accordance with the rake
 3232  structure posted at the table.
 3233         (c)If there are multiple designated players at a table,
 3234  the dealer button shall be rotated in a clockwise rotation after
 3235  each hand.
 3236         (d)A cardroom operator may not allow a designated player
 3237  to pay an opposing player who holds a lower ranked hand.
 3238         (e)A designated player may not be required by the rules of
 3239  a game or by the rules of a cardroom to cover all wagers posted
 3240  by the opposing players.
 3241         (f)The cardroom, or any cardroom licensee, may not
 3242  contract with, or receive compensation other than a posted table
 3243  rake from, any player to participate in any game to serve as a
 3244  designated player.
 3245         (13)(12) PROHIBITED ACTIVITIES.—
 3246         (a) A No person licensed to operate a cardroom may not
 3247  conduct any banking game or any game not specifically authorized
 3248  by this section.
 3249         (b) A No person who is younger than under 18 years of age
 3250  may not be permitted to hold a cardroom or employee license, or
 3251  to engage in any game conducted therein.
 3252         (c) With the exception of mechanical card shufflers, No
 3253  electronic or mechanical devices, except mechanical card
 3254  shufflers, may not be used to conduct any authorized game in a
 3255  cardroom.
 3256         (d) No Cards, game components, or game implements may not
 3257  be used in playing an authorized game unless they have such has
 3258  been furnished or provided to the players by the cardroom
 3259  operator.
 3260         (14)(13) TAXES AND OTHER PAYMENTS.—
 3261         (d)1. Each greyhound and jai alai permitholder that
 3262  operates a cardroom facility shall use at least 4 percent of
 3263  such permitholder’s cardroom monthly gross receipts to
 3264  supplement greyhound purses and awards or jai alai prize money,
 3265  respectively, during the permitholder’s next ensuing pari-mutuel
 3266  meet.
 3267         2. A cardroom license or renewal thereof may not be issued
 3268  to a permitholder conducting less than a full schedule of live
 3269  racing or games as defined in s. 550.002(11) unless the
 3270  applicant has on file with the division a binding written
 3271  contract with a thoroughbred permitholder that is licensed to
 3272  conduct live racing and that does not possess a slot machine
 3273  license. This contract must provide that the permitholder will
 3274  pay an amount equal to 4 percent of its monthly cardroom gross
 3275  receipts to the thoroughbred permitholder conducting the live
 3276  racing for exclusive use as purses and awards during the current
 3277  or ensuing live racing meet of the thoroughbred permitholder. A
 3278  thoroughbred permitholder receiving funds under this
 3279  subparagraph shall remit, within 10 days of receipt, 10 percent
 3280  of those funds to the Florida Thoroughbred Breeders’
 3281  Association, Inc., for the payment of breeders’, stallion, and
 3282  special racing awards, subject to the fee authorized in s.
 3283  550.2625(3). If there is not a thoroughbred permitholder that
 3284  does not possess a slot machine license, payments for purses are
 3285  not required, and the cardroom licensee shall retain such funds
 3286  for its use Each thoroughbred and harness horse racing
 3287  permitholder that operates a cardroom facility shall use at
 3288  least 50 percent of such permitholder’s cardroom monthly net
 3289  proceeds as follows: 47 percent to supplement purses and 3
 3290  percent to supplement breeders’ awards during the permitholder’s
 3291  next ensuing racing meet.
 3292         3. No cardroom license or renewal thereof shall be issued
 3293  to an applicant holding a permit under chapter 550 to conduct
 3294  pari-mutuel wagering meets of quarter horse racing unless the
 3295  applicant has on file with the division a binding written
 3296  agreement between the applicant and the Florida Quarter Horse
 3297  Racing Association or the association representing a majority of
 3298  the horse owners and trainers at the applicant’s eligible
 3299  facility, governing the payment of purses on live quarter horse
 3300  races conducted at the licensee’s pari-mutuel facility. The
 3301  agreement governing purses may direct the payment of such purses
 3302  from revenues generated by any wagering or gaming the applicant
 3303  is authorized to conduct under Florida law. All purses shall be
 3304  subject to the terms of chapter 550.
 3305         (h) One-quarter of the moneys deposited into the Pari
 3306  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 3307  October 1 of each year, be distributed to the local government
 3308  that approved the cardroom under subsection (17) (16); however,
 3309  if two or more pari-mutuel racetracks are located within the
 3310  same incorporated municipality, the cardroom funds shall be
 3311  distributed to the municipality. If a pari-mutuel facility is
 3312  situated in such a manner that it is located in more than one
 3313  county, the site of the cardroom facility shall determine the
 3314  location for purposes of disbursement of tax revenues under this
 3315  paragraph. The division shall, by September 1 of each year,
 3316  determine: the amount of taxes deposited into the Pari-mutuel
 3317  Wagering Trust Fund pursuant to this section from each cardroom
 3318  licensee; the location by county of each cardroom; whether the
 3319  cardroom is located in the unincorporated area of the county or
 3320  within an incorporated municipality; and, the total amount to be
 3321  distributed to each eligible county and municipality.
 3322         (18)(17) CHANGE OF LOCATION; REFERENDUM.—
 3323         (a) Notwithstanding any provisions of this section, a no
 3324  cardroom gaming license issued under this section may not shall
 3325  be transferred, or reissued when such reissuance is in the
 3326  nature of a transfer, so as to permit or authorize a licensee to
 3327  change the location of the cardroom except through the
 3328  relocation of the pari-mutuel permit pursuant to s. 550.0555 or
 3329  s. 550.3345 upon proof in such form as the division may
 3330  prescribe that a referendum election has been held:
 3331         1. If the proposed new location is within the same county
 3332  as the already licensed location, in the county where the
 3333  licensee desires to conduct cardroom gaming and that a majority
 3334  of the electors voting on the question in such election voted in
 3335  favor of the transfer of such license. However, the division
 3336  shall transfer, without requirement of a referendum election,
 3337  the cardroom license of any permitholder that relocated its
 3338  permit pursuant to s. 550.0555.
 3339         2. If the proposed new location is not within the same
 3340  county as the already licensed location, in the county where the
 3341  licensee desires to conduct cardroom gaming and that a majority
 3342  of the electors voting on that question in each such election
 3343  voted in favor of the transfer of such license.
 3344         (b) The expense of each referendum held under the
 3345  provisions of this subsection shall be borne by the licensee
 3346  requesting the transfer.
 3347         Section 53. Paragraph (c) is added to subsection (2) of
 3348  section 849.0931, Florida Statutes, and subsection (14) of that
 3349  section is republished, to read:
 3350         849.0931 Bingo authorized; conditions for conduct;
 3351  permitted uses of proceeds; limitations.—
 3352         (2)
 3353         (c) Veterans’ organizations engaged in charitable, civic,
 3354  benevolent, or scholastic works or other similar endeavors,
 3355  which organizations have been in existence for 3 years or more,
 3356  may conduct instant bingo in accordance with the requirements of
 3357  this section using electronic tickets in lieu of or together
 3358  with instant bingo paper tickets, only on the following
 3359  premises:
 3360         1.Property owned by the veterans’ organization.
 3361         2.Property owned by the veterans’ organization that will
 3362  benefit from the proceeds.
 3363         3.Property leased for a period of not less than 1 year by
 3364  a veterans’ organization, providing the lease or rental
 3365  agreement does not provide for the payment of a percentage of
 3366  the proceeds generated at such premises to the lessor or any
 3367  other party and providing the rental rate for such premises does
 3368  not exceed the rental rates charged for similar premises in the
 3369  same locale.
 3370  
 3371  Electronic tickets for instant bingo must be nontransparent
 3372  until the electronic ticket is opened by the player in
 3373  electronic form and may only be sold or distributed in this
 3374  state by veterans’ organizations after the software for such
 3375  tickets has been independently analyzed and certified to be
 3376  compliant with this section by a nationally recognized
 3377  independent gaming laboratory.
 3378         (14) Any organization or other person who willfully and
 3379  knowingly violates any provision of this section commits a
 3380  misdemeanor of the first degree, punishable as provided in s.
 3381  775.082 or s. 775.083. For a second or subsequent offense, the
 3382  organization or other person commits a felony of the third
 3383  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3384  775.084.
 3385         Section 54. The Division of Pari-mutuel Wagering of the
 3386  Department of Business and Professional Regulation shall revoke
 3387  any permit to conduct pari-mutuel wagering if a permitholder has
 3388  not conducted live events within the 24 months preceding the
 3389  effective date of this act, unless the permit was issued under
 3390  s. 550.3345, Florida Statutes, or the permit was issued less
 3391  than 24 months preceding the effective date of this act. A
 3392  permit revoked under this section may not be reissued.
 3393         Section 55. The Division of Law Revision and Information is
 3394  directed to replace the phrase “the effective date of this act”
 3395  wherever it occurs in this act with the date the act becomes
 3396  effective, in accordance with the notice received from the
 3397  Secretary of the Department of Business and Professional
 3398  Regulation pursuant to s. 285.710(3), Florida Statutes.
 3399         Section 56. Except as otherwise expressly provided in this
 3400  act, and except for this section, which shall take effect upon
 3401  this act becoming a law, this act shall take effect only if the
 3402  Gaming Compact between the Seminole Tribe of Florida and the
 3403  State of Florida executed by the Governor and the Seminole Tribe
 3404  of Florida on December 7, 2015, under the Indian Gaming
 3405  Regulatory Act of 1988, is amended as required by this act, and
 3406  is approved or deemed approved and not voided by the United
 3407  States Department of the Interior, and shall take effect on the
 3408  date that notice of the effective date of the amended compact is
 3409  published in the Federal Register.
 3410  
 3411  ================= T I T L E  A M E N D M E N T ================
 3412  And the title is amended as follows:
 3413         Delete everything before the enacting clause
 3414  and insert:
 3415                        A bill to be entitled                      
 3416         An act relating to gaming; amending and reordering s.
 3417         24.103, F.S.; defining the term “point-of-sale
 3418         terminal”; amending s. 24.105, F.S.; authorizing the
 3419         Department of the Lottery to create a program that
 3420         authorizes certain persons to purchase a ticket at a
 3421         point-of-sale terminal; authorizing the department to
 3422         adopt rules; providing requirements for the rules;
 3423         amending s. 24.112, F.S.; authorizing the department,
 3424         a retailer operating from one or more locations, or a
 3425         vendor approved by the department to use a point-of
 3426         sale terminal to sell a lottery ticket; requiring a
 3427         point-of-sale terminal to perform certain functions;
 3428         specifying that the point-of-sale terminal may not
 3429         reveal winning numbers; prohibiting a point-of-sale
 3430         terminal from including or making use of video reels
 3431         or mechanical reels or other video depictions of slot
 3432         machine or casino game themes or titles for game play;
 3433         prohibiting a point-of-sale terminal from being used
 3434         to redeem a winning ticket; amending s. 285.710, F.S.;
 3435         redefining the term “compact”; ratifying and approving
 3436         a specified compact executed by the Governor and the
 3437         Seminole Tribe of Florida contingent upon the adoption
 3438         of specified amendments to the compact; superseding
 3439         the compact approved by the Legislature in 2010,
 3440         subject to certain requirements; directing the
 3441         Governor to cooperate with the Tribe in seeking
 3442         approval of the amended compact from the United States
 3443         Secretary of the Interior; directing the Secretary of
 3444         the Department of Business and Professional Regulation
 3445         to provide written notice of the effective date of the
 3446         compact to specified persons under certain
 3447         circumstances; specifying the amendments that must be
 3448         made to the compact by agreement between the Governor
 3449         and the Tribe for the compact to be deemed ratified
 3450         and approved; prohibiting the incorporation of
 3451         specified amendments into the compact from impacting
 3452         or changing the payments required to the state by the
 3453         Tribe during specified payment periods; prohibiting
 3454         the compact from being amended to prorate or reduce
 3455         required payments to the state; requiring specified
 3456         provisions of the compact relating to required
 3457         payments to the state during the initial payment
 3458         period be deleted; expanding the games authorized to
 3459         be conducted and the counties in which such games may
 3460         be offered; amending s. 285.712, F.S.; correcting a
 3461         citation; creating s. 546.11, F.S.; providing a short
 3462         title; creating s. 546.12, F.S.; providing legislative
 3463         findings and intent; creating s. 546.13, F.S.;
 3464         defining terms; creating s. 546.14, F.S.; creating the
 3465         Office of Contest Amusements within the Department of
 3466         Business and Professional Regulation; requiring that
 3467         the office be under the supervision of a senior
 3468         manager who is exempt from the Career Service System
 3469         and is appointed by the secretary of the department;
 3470         providing duties of the office; providing for
 3471         rulemaking; creating s. 546.15, F.S.; providing
 3472         licensing requirements for contest operators offering
 3473         fantasy contests; providing licensing application and
 3474         renewal fees; requiring the office to grant or deny a
 3475         license within a specified timeframe; providing that a
 3476         completed application is deemed approved 120 days
 3477         after receipt by the office under certain
 3478         circumstances; exempting applications for a contest
 3479         operator’s license from certain licensure timeframe
 3480         requirements; providing requirements for the license
 3481         application; providing that specified persons or
 3482         entities are not eligible for licensure under certain
 3483         circumstances; defining the term “convicted”;
 3484         authorizing the office to suspend, revoke, or deny a
 3485         license under certain circumstances; creating s.
 3486         546.16, F.S.; requiring a contest operator to
 3487         implement specified consumer protection procedures
 3488         under certain circumstances; requiring a contest
 3489         operator to annually contract with a third party to
 3490         perform an independent audit under certain
 3491         circumstances; requiring a contest operator to submit
 3492         the audit results to the office by a certain date;
 3493         creating s. 546.17, F.S.; requiring contest operators
 3494         to keep and maintain certain records for a specified
 3495         period; providing a requirement for such records;
 3496         requiring that such records be available for audit and
 3497         inspection; requiring the department to adopt rules;
 3498         creating s. 546.18, F.S.; providing a civil penalty;
 3499         providing applicability; exempting fantasy contests
 3500         from certain provisions in ch. 849, F.S.; providing a
 3501         directive to the Division of Law Revision and
 3502         Information; amending s. 550.002, F.S.; redefining the
 3503         term “full schedule of live racing or games”; amending
 3504         s. 550.01215, F.S.; revising application requirements
 3505         for pari-mutuel operating licenses; authorizing a
 3506         greyhound racing permitholder to specify certain
 3507         intentions on its application; authorizing a greyhound
 3508         racing permitholder to receive an operating license to
 3509         conduct pari-mutuel wagering activities at another
 3510         permitholder’s greyhound racing facility; authorizing
 3511         a thoroughbred horse racing permitholder to elect not
 3512         to conduct live racing under certain circumstances;
 3513         authorizing a thoroughbred horse racing permitholder
 3514         that elects not to conduct live racing to retain its
 3515         permit and requiring the permitholder to specify its
 3516         intention not to conduct live racing in future
 3517         applications and that it is a pari-mutuel facility;
 3518         authorizing such thoroughbred racing permitholder’s
 3519         facility to remain an eligible facility, to continue
 3520         to be eligible for a slot machine license, to be
 3521         exempt from certain provisions of chs. 550 and 551,
 3522         F.S., to be eligible as a guest track for intertrack
 3523         wagering and simulcasting, and to remain eligible for
 3524         a cardroom license; requiring, for a specified period,
 3525         that such permitholder file with the division an
 3526         irrevocable consent authorizing the use of certain
 3527         contributions for specified purses and awards;
 3528         exempting certain harness horse racing permitholders,
 3529         quarter horse racing permitholders, and jai alai
 3530         permitholders from specified live racing or live games
 3531         requirements; authorizing such permitholders to
 3532         specify certain intentions on their applications;
 3533         authorizing certain permitholders that elect not to
 3534         conduct live racing to retain their permits; providing
 3535         that certain facilities of such permitholders that
 3536         have been issued a slot machine license remain
 3537         eligible facilities, continue to be eligible for a
 3538         slot machine license, are exempt from certain
 3539         provisions of ch. 551, F.S., are eligible to be guest
 3540         tracks or, in certain cases, host tracks for certain
 3541         purposes, and remain eligible for a cardroom license;
 3542         authorizing the Division of Pari-mutuel Wagering of
 3543         the Department of Business and Professional Regulation
 3544         to approve changes in racing dates for permitholders
 3545         under certain circumstances; providing requirements
 3546         for licensure of certain jai alai permitholders;
 3547         deleting a provision for conversion of certain
 3548         converted permits to jai alai permits; authorizing
 3549         certain limited thoroughbred racing permitholders to
 3550         apply by a certain date to conduct live performances
 3551         during a specified timeframe subject to certain
 3552         conditions; amending s. 550.0251, F.S.; requiring the
 3553         division to annually report to the Governor and the
 3554         Legislature; specifying requirements for the content
 3555         of the report; amending s. 550.054, F.S.; requiring
 3556         the division to revoke a pari-mutuel wagering
 3557         operating permit under certain circumstances;
 3558         prohibiting issuance or approval of new pari-mutuel
 3559         permits after a specified date; prohibiting certain
 3560         revoked permits from being reissued; authorizing a
 3561         permitholder to apply to the division to place a
 3562         permit in inactive status; revising provisions that
 3563         prohibit transfer or assignment of a pari-mutuel
 3564         permit; deleting provisions authorizing a jai alai
 3565         permitholder to convert such permit to conduct
 3566         greyhound racing; deleting a provision requiring the
 3567         division to convert such permits under certain
 3568         circumstances; deleting provisions for certain
 3569         converted permits; amending s. 550.0555, F.S.;
 3570         authorizing specified permitholders to relocate under
 3571         certain circumstances, subject to certain
 3572         restrictions; deleting a provision requiring the
 3573         relocation to be necessary to ensure the revenue
 3574         producing capability of the permittee without
 3575         deteriorating the revenue-producing capability of any
 3576         other pari-mutuel permittee within a certain distance;
 3577         revising how certain distances are measured; repealing
 3578         s. 550.0745, F.S., relating to the conversion of pari
 3579         mutuel permits to summer jai alai permits; amending s.
 3580         550.0951, F.S.; deleting provisions for certain
 3581         credits for a greyhound racing permitholder; deleting
 3582         a provision requiring a specified license fee to be
 3583         deposited with the Chief Financial Officer to the
 3584         credit of the Pari-mutuel Wagering Trust Fund;
 3585         revising the tax on handle for live greyhound racing
 3586         and intertrack wagering if the host track is a
 3587         greyhound racing track; amending s. 550.09512, F.S.;
 3588         providing for the revocation of certain harness horse
 3589         racing permits; specifying that a revoked permit may
 3590         not be reissued; amending s. 550.09514, F.S.; deleting
 3591         certain provisions that prohibit tax on handle until a
 3592         specified amount of tax savings have resulted;
 3593         revising purse requirements of a greyhound racing
 3594         permitholder that conducts live racing; amending s.
 3595         550.09515, F.S.; providing for the revocation of
 3596         certain thoroughbred racing permits; specifying that a
 3597         revoked permit may not be reissued; amending s.
 3598         550.155, F.S.; specifying that a person who accepts
 3599         certain wagers commits a felony of the third degree;
 3600         providing penalties; amending s. 550.1625, F.S.;
 3601         deleting the requirement that a greyhound racing
 3602         permitholder pay the breaks tax; repealing s.
 3603         550.1647, F.S., relating to unclaimed tickets and
 3604         breaks held by greyhound racing permitholders;
 3605         amending s. 550.1648, F.S.; revising requirements for
 3606         a greyhound racing permitholder to provide a greyhound
 3607         adoption booth at its facility; requiring
 3608         sterilization of greyhounds before adoption;
 3609         authorizing the fee for such sterilization to be
 3610         included in the cost of adoption; defining the term
 3611         “bona fide organization that promotes or encourages
 3612         the adoption of greyhounds”; creating s. 550.1752,
 3613         F.S.; creating the permit reduction program within the
 3614         division; providing a purpose for the program;
 3615         providing for funding for the program; requiring the
 3616         division to purchase pari-mutuel permits from
 3617         permitholders under certain circumstances; requiring
 3618         that permitholders who wish to make an offer to sell
 3619         meet certain requirements; requiring the division to
 3620         adopt a certain form by rule; requiring that the
 3621         division establish the value of a pari-mutuel permit
 3622         based on the valuation of one or more independent
 3623         appraisers; authorizing the division to establish a
 3624         value that is lower than the valuation of the
 3625         independent appraiser; requiring the division to
 3626         accept the offers that best utilize available funding;
 3627         prohibiting the department from accepting an offer to
 3628         purchase a permit or from executing a contract to
 3629         purchase a permit under certain conditions; requiring,
 3630         by a specified date, that the division certify an
 3631         executed contract to the Chief Financial Officer and
 3632         request a distribution to be paid to the permitholder;
 3633         limiting such distributions; providing for expiration
 3634         of the program; creating s. 550.1753, F.S.; creating
 3635         the thoroughbred purse and awards supplement program
 3636         within the division as of a specified date; providing
 3637         a purpose for the program; providing for funding of
 3638         the program; requiring the division, within a
 3639         specified timeframe, to certify to the Chief Financial
 3640         Officer the amount of the purse and awards supplement
 3641         funds to be distributed to eligible thoroughbred
 3642         racing permitholders and request distribution of such
 3643         funds from the General Revenue Fund to such
 3644         permitholders; limiting the amount of distributions in
 3645         any given fiscal year; specifying intended uses of the
 3646         funds; prohibiting certain thoroughbred horse racing
 3647         permitholders from receiving purse and awards
 3648         supplements unless they provide a copy of a certain
 3649         agreement; specifying percentages of the funds that
 3650         must be used for certain purposes; requiring the
 3651         division to apportion purse and awards supplement
 3652         funds in a specified manner; providing conditions
 3653         under which certain limited thoroughbred racing
 3654         permitholders may make annual application for and
 3655         receive certain funds; providing that funding must be
 3656         allocated on a pro rata share basis; providing that
 3657         certain funding is conditioned on limited thoroughbred
 3658         racing permitholders applying for a limited number of
 3659         performances; providing that limited thoroughbred
 3660         permitholders under the program are treated as other
 3661         thoroughbred permitholders applying for funding after
 3662         a certain date; authorizing such funds to be used to
 3663         supplement purses and subsidize certain costs;
 3664         requiring the division to distribute a specified
 3665         percentage of funds to a specified organization for
 3666         payment of specified racing awards; authorizing
 3667         certain supplemental funds to be returned to
 3668         thoroughbred horse racing permitholders to allow them
 3669         to distribute special racing awards under certain
 3670         circumstances under terms established in a required
 3671         written agreement; requiring the division to adopt a
 3672         form to apply to receive supplement purse funds under
 3673         the program; authorizing the division to adopt rules;
 3674         providing for expiration of the program; amending s.
 3675         550.2415, F.S.; revising the actions that mark the
 3676         commencement of certain administrative actions;
 3677         requiring the division to adopt certain rules;
 3678         deleting a provision specifying the version of the
 3679         Controlled Therapeutic Medication Schedule which must
 3680         be used by the division to adopt certain rules;
 3681         requiring the division rules to include a penalty
 3682         system for the use of certain drugs, medications, and
 3683         other foreign substances; requiring the classification
 3684         and penalty system included in division rules to
 3685         incorporate specified documents; creating s. 550.2416,
 3686         F.S.; requiring injuries to racing greyhounds to be
 3687         reported within a certain timeframe on a form adopted
 3688         by the division; requiring such form to be completed
 3689         and signed under oath or affirmation by certain
 3690         individuals; providing penalties; specifying
 3691         information that must be included on the form;
 3692         requiring the division to maintain the forms as public
 3693         records for a specified time; specifying disciplinary
 3694         action that may be taken against a licensee of the
 3695         Department of Business and Professional Regulation who
 3696         makes false statements on an injury form or who fails
 3697         to report an injury; exempting injuries to certain
 3698         animals from reporting requirements; requiring the
 3699         division to adopt rules; amending s. 550.26165, F.S.;
 3700         conforming a cross-reference; amending s. 550.3345,
 3701         F.S.; deleting obsolete provisions; revising
 3702         requirements for a permit previously converted from a
 3703         quarter horse racing permit to a limited thoroughbred
 3704         racing permit; authorizing certain holders of limited
 3705         thoroughbred racing permits to apply for and be issued
 3706         an operating license for a specified purpose under
 3707         certain circumstances; amending s. 550.3551, F.S.;
 3708         deleting a provision that limits the number of out-of
 3709         state races on which wagers are accepted by a
 3710         greyhound racing permitholder; deleting a provision
 3711         requiring certain permitholders to conduct a full
 3712         schedule of live racing to receive certain full-card
 3713         broadcasts and accept certain wagers; conforming a
 3714         cross-reference; amending s. 550.475, F.S.;
 3715         prohibiting a permitholder from leasing from certain
 3716         pari-mutuel permitholders; amending s. 550.5251, F.S.;
 3717         deleting a provision relating to requirements for
 3718         thoroughbred permitholders; deleting a provision
 3719         prohibiting a thoroughbred racing permitholder from
 3720         beginning a race before a specified time; amending s.
 3721         550.615, F.S.; revising eligibility requirements for
 3722         certain pari-mutuel facilities to qualify to receive
 3723         certain broadcasts; providing that certain greyhound
 3724         racing permitholders are not required to obtain
 3725         certain written consent; deleting requirements that
 3726         intertrack wagering be conducted between certain
 3727         permitholders; deleting a provision prohibiting
 3728         certain intertrack wagering in certain counties;
 3729         specifying conditions under which greyhound racing
 3730         permitholders may accept wagers; amending s. 550.6308,
 3731         F.S.; revising the number of days of thoroughbred
 3732         horse sales required for an applicant to obtain a
 3733         limited intertrack wagering license; revising
 3734         eligibility requirements for such licenses; revising
 3735         requirements for such wagering; deleting provisions
 3736         requiring a licensee to make certain payments to the
 3737         daily pari-mutuel pool; amending s. 551.101, F.S.;
 3738         revising the facilities that may possess slot machines
 3739         and conduct slot machine gaming; deleting certain
 3740         provisions requiring a countywide referendum to
 3741         approve slot machines at certain facilities; amending
 3742         s. 551.102, F.S.; revising definitions; amending s.
 3743         551.104, F.S.; prohibiting the division from issuing a
 3744         slot machine license to certain pari-mutuel
 3745         permitholders; revising conditions of licensure and
 3746         conditions for maintaining authority to conduct slot
 3747         machine gaming; exempting a summer thoroughbred racing
 3748         permitholder from certain purse requirements;
 3749         providing applicability; providing an expiration for a
 3750         provision requiring certain slot machine licensees to
 3751         remit a certain amount for the payment of purses on
 3752         live races; deleting a provision prohibiting the
 3753         division from issuing or renewing a license for an
 3754         applicant holding a permit under ch. 550, F.S., under
 3755         certain circumstances; conforming provisions to
 3756         changes made by the act; creating s. 551.1042, F.S.;
 3757         prohibiting the transfer of a slot machine license or
 3758         relocation of a slot machine facility; providing an
 3759         exception; creating s. 551.1043, F.S.; providing
 3760         legislative findings; authorizing two additional slot
 3761         machine licenses to be awarded and renewed annually to
 3762         persons located in specified counties; providing that
 3763         no more than one license may be awarded in each of
 3764         those counties; authorizing certain persons to apply
 3765         for such licenses; providing that certain persons are
 3766         ineligible to apply for the additional slot machine
 3767         licenses; providing a license application fee;
 3768         requiring the deposit of the fee in the Pari-mutuel
 3769         Wagering Trust Fund; requiring the Division of Pari
 3770         mutuel Wagering to award the license to the applicant
 3771         that best meets the selection criteria; providing
 3772         selection criteria; requiring the division to complete
 3773         a certain evaluation by a specified date; specifying
 3774         grounds for denial of an application; providing that
 3775         certain protests be forwarded to the Division of
 3776         Administrative Hearings; providing requirements for
 3777         appeals; authorizing the Division of Pari-mutuel
 3778         Wagering to adopt certain emergency rules; authorizing
 3779         the licensee of the additional slot machine license to
 3780         operate a cardroom and a specified number of house
 3781         banked blackjack table games at its facility under
 3782         certain circumstances; providing that such licensee is
 3783         subject to specified provisions of ch. 849, F.S., and
 3784         exempt from specified provisions of chs. 550 and 551,
 3785         F.S.; creating s. 551.1044, F.S.; authorizing
 3786         blackjack table games at certain pari-mutuel
 3787         facilities; specifying limits on wagers; requiring a
 3788         permitholder that offers banked blackjack to pay a tax
 3789         to the state; providing that such tax is subject to
 3790         certain provisions of ch. 849, F.S.; amending s.
 3791         551.106, F.S.; deleting obsolete provisions; revising
 3792         the tax rate on slot machine revenues under certain
 3793         conditions; revising the taxes to be paid to the
 3794         division for deposit into the Pari-mutuel Wagering
 3795         Trust Fund; requiring certain funds to be transferred
 3796         into the Educational Enhancement Trust Fund and to
 3797         specified entities; requiring certain permitholders
 3798         and licensees to pay a slot machine guarantee fee if
 3799         certain taxes and fees paid to the state during
 3800         certain periods fall below a specified amount;
 3801         amending s. 551.108, F.S.; providing applicability;
 3802         amending s. 551.114, F.S.; revising the areas where a
 3803         designated slot machine gaming area may be located;
 3804         amending s. 551.116, F.S.; deleting a restriction on
 3805         the number of hours per day that slot machine gaming
 3806         areas may be open; amending s. 551.121, F.S.;
 3807         authorizing the serving of complimentary or reduced
 3808         cost alcoholic beverages to persons playing slot
 3809         machines; authorizing the location of an automated
 3810         teller machine or similar device within designated
 3811         slot machine gaming areas; amending s. 849.086, F.S.;
 3812         revising legislative intent; revising definitions;
 3813         authorizing the division to establish a reasonable
 3814         period to respond to certain requests from a licensed
 3815         cardroom; providing that the division must approve
 3816         certain requests within 45 days; requiring the
 3817         division to review and approve or reject certain
 3818         revised internal controls or revised rules within 10
 3819         days after submission; revising certain license
 3820         renewal requirements; deleting provisions relating to
 3821         restrictions on hours of operation; authorizing
 3822         certain cardroom operators to offer certain designated
 3823         player games; requiring the designated player and
 3824         employees of the designated player to be licensed;
 3825         requiring the designated player to pay certain fees;
 3826         prohibiting cardroom operators from serving as the
 3827         designated player in a game and from having a
 3828         financial interest in a designated player; authorizing
 3829         a cardroom operator to collect a rake, subject to
 3830         certain requirements; requiring the dealer button to
 3831         be rotated under certain circumstances; prohibiting a
 3832         cardroom operator from allowing a designated player to
 3833         pay an opposing player under certain circumstances;
 3834         prohibiting the rules of the game or of the cardroom
 3835         to require a designated player to cover all wagers of
 3836         opposing players; prohibiting a cardroom or cardroom
 3837         licensee from contracting with or receiving certain
 3838         compensation from a player to allow that player to
 3839         participate in any game as a designated player;
 3840         revising requirements for a cardroom license to be
 3841         issued or renewed; requiring a certain written
 3842         agreement with a thoroughbred permitholder; providing
 3843         contract requirements for the agreement; requiring a
 3844         thoroughbred permitholder to remit a percentage of
 3845         specified funds to the Florida Thoroughbred Breeders’
 3846         Association, Inc., subject to certain requirements;
 3847         revising requirements to transfer or reissue certain
 3848         cardroom gaming licenses; conforming provisions to
 3849         changes made by the act; amending s. 849.0931, F.S.;
 3850         authorizing certain veterans’ organizations engaged in
 3851         charitable, civic, benevolent, or scholastic works or
 3852         similar endeavors to conduct bingo using electronic
 3853         tickets on specified premises; requiring that
 3854         electronic tickets for instant bingo meet a certain
 3855         requirement; making the sale of such tickets by
 3856         veterans’ organizations contingent upon certification
 3857         of software by a nationally recognized independent
 3858         gaming laboratory; directing the Division of Pari
 3859         mutuel Wagering to revoke certain pari-mutuel permits;
 3860         specifying that the revoked permits may not be
 3861         reissued; providing a directive to the Division of Law
 3862         Revision and Information; providing effective dates;
 3863         providing a contingent effective date.