Florida Senate - 2017                                       SB 8
       
       
        
       By Senator Galvano
       
       21-00423F-17                                             20178__
    1                        A bill to be entitled                      
    2         An act relating to gaming; amending and reordering s.
    3         24.103, F.S.; defining the term “point-of-sale
    4         terminal”; amending s. 24.105, F.S.; authorizing the
    5         Department of the Lottery to create a program that
    6         authorizes certain persons to purchase a ticket or
    7         game at a point-of-sale terminal; authorizing the
    8         department to adopt rules; providing requirements for
    9         the rules; amending s. 24.112, F.S.; authorizing the
   10         department, a retailer operating from one or more
   11         locations, or a vendor approved by the department to
   12         use a point-of-sale terminal to sell a lottery ticket
   13         or game; requiring a point-of-sale terminal to perform
   14         certain functions; specifying that the point-of-sale
   15         terminal may not reveal winning numbers; prohibiting a
   16         point-of-sale terminal from including or making use of
   17         video reels or mechanical reels or other video
   18         depictions of slot machine or casino game themes or
   19         titles for game play; prohibiting a point-of-sale
   20         terminal from being used to redeem a winning ticket;
   21         amending s. 285.710, F.S.; redefining the term
   22         “compact;” ratifying and approving a specified compact
   23         executed by the Governor and the Seminole Tribe of
   24         Florida contingent upon the adoption of a specified
   25         amendment to the compact; superseding the compact
   26         approved by the Legislature in 2010, subject to
   27         certain requirements; directing the Governor to
   28         cooperate with the Tribe in seeking approval of the
   29         amended compact from the United States Secretary of
   30         the Interior; directing the Secretary of the
   31         Department of Business and Professional Regulation to
   32         provide written notice of the effective date of the
   33         compact to specified persons under certain
   34         circumstances; specifying the provisions that must be
   35         included in the compact to be deemed ratified and
   36         approved; expanding the games authorized to be
   37         conducted and the counties in which such games may be
   38         offered; amending s. 285.712, F.S.; correcting a
   39         citation; creating s. 546.11, F.S.; providing a short
   40         title; creating s. 546.12, F.S.; providing legislative
   41         findings and intent; creating s. 546.13, F.S.;
   42         defining terms; creating s. 546.14, F.S.; creating the
   43         Office of Amusements within the Department of Business
   44         and Professional Regulation; requiring that the office
   45         be under the supervision of a senior manager who is
   46         exempt from the Career Service System and is appointed
   47         by the secretary of the department; providing duties
   48         of the office; providing for rulemaking; creating s.
   49         546.15, F.S.; providing licensing requirements for
   50         contest operators offering fantasy contests; providing
   51         licensing application and renewal fees; requiring the
   52         office to grant or deny a license within a specified
   53         timeframe; providing that a completed application is
   54         deemed approved 120 days after receipt by the office
   55         under certain circumstances; exempting applications
   56         for a contest operator’s license from certain
   57         licensure timeframe requirements; providing
   58         requirements for the license application; providing
   59         that specified persons or entities are not eligible
   60         for licensure under certain circumstances; defining
   61         the term “convicted”; requiring a contest operator to
   62         provide evidence of a surety bond; requiring the
   63         surety bond to be kept during the term of the license
   64         and any renewal term thereafter; authorizing the
   65         office to suspend, revoke, or deny a license under
   66         certain circumstances; creating s. 546.16, F.S.;
   67         requiring a contest operator to implement specified
   68         consumer protection procedures under certain
   69         circumstances; requiring a contest operator to
   70         annually contract with a third party to perform an
   71         independent audit under certain circumstances;
   72         requiring a contest operator to submit the audit
   73         results to the office; creating s. 546.17, F.S.;
   74         requiring contest operators to keep and maintain
   75         certain records for a specified period; providing
   76         requirements; providing for rulemaking; requiring a
   77         contest operator to file a quarterly report with the
   78         office; creating s. 546.18, F.S.; providing a civil
   79         penalty; providing applicability; exempting fantasy
   80         contests from certain provisions in ch. 849, F.S.;
   81         providing a directive to the Division of Law Revision
   82         and Information; amending s. 550.002, F.S.; redefining
   83         the term “full schedule of live racing or games”;
   84         amending s. 550.01215, F.S.; revising provisions for
   85         applications for pari-mutuel operating licenses;
   86         authorizing a greyhound racing permitholder to specify
   87         certain intentions on its application; authorizing a
   88         greyhound racing permitholder to receive an operating
   89         license to conduct pari-mutuel wagering activities at
   90         another permitholder’s greyhound racing facility;
   91         authorizing a thoroughbred horse racing permitholder
   92         to elect not to conduct live racing under certain
   93         circumstances; authorizing a thoroughbred horse racing
   94         permitholder that elects not to conduct live racing to
   95         retain its permit and requiring the permitholder to
   96         specify its intention not to conduct live racing in
   97         future applications; authorizing such thoroughbred
   98         racing permitholder’s facility to remain an eligible
   99         facility, to continue to be eligible for a slot
  100         machine license, to be exempt from certain provisions
  101         of chs. 550 and 551, to be eligible as a guest track
  102         for intertrack wagering and interstate simulcast, and
  103         to remain eligible for a cardroom license; exempting
  104         certain harness racing permitholders, quarter horse
  105         racing permitholders, and jai alai permitholders from
  106         specified live racing or live games requirements;
  107         authorizing such permitholders to specify certain
  108         intentions on their applications; authorizing the
  109         Division of Pari-mutuel Wagering of the Department of
  110         Business and Professional Regulation to approve
  111         changes in racing dates for permitholders under
  112         certain circumstances; providing requirements for
  113         licensure of certain jai alai permitholders; deleting
  114         a provision for conversion of certain converted
  115         permits to jai alai permits; amending s. 550.0251,
  116         F.S.; requiring the division to annually report to the
  117         Governor and the Legislature; specifying requirements
  118         for the content of the report; amending s. 550.054,
  119         F.S.; requiring the division to revoke a pari-mutuel
  120         wagering operating permit under certain circumstances;
  121         prohibiting issuance or approval of new pari-mutuel
  122         permits after a specified date; authorizing a
  123         permitholder to apply to the division to place a
  124         permit in inactive status; revising provisions that
  125         prohibit transfer or assignment of a pari-mutuel
  126         permit; deleting provisions authorizing a jai alai
  127         permitholder to convert such permit to conduct
  128         greyhound racing; deleting a provision requiring the
  129         division to convert such permits under certain
  130         circumstances; deleting provisions for certain
  131         converted permits; amending s. 550.0555, F.S.;
  132         authorizing specified permitholders to relocate their
  133         greyhound racing permits within a specified distance
  134         under certain circumstances; deleting a provision
  135         requiring the relocation to be necessary to ensure the
  136         revenue-producing capability of the permittee without
  137         deteriorating the revenue-producing capability of any
  138         other pari-mutuel permittee within a certain distance;
  139         revising how certain distances are measured; repealing
  140         s. 550.0745, F.S., relating to the conversion of pari
  141         mutuel permits to summer jai alai permits; amending s.
  142         550.0951, F.S.; deleting provisions for certain
  143         credits for a greyhound racing permitholder; revising
  144         the tax on handle for live greyhound racing and
  145         intertrack wagering if the host track is a greyhound
  146         racing track; amending s. 550.09512, F.S.; providing
  147         for the revocation of certain harness horse racing
  148         permits; specifying that a revoked permit may not be
  149         reissued; amending s. 550.09514, F.S.; deleting
  150         certain provisions that prohibit tax on handle until a
  151         specified amount of tax savings have resulted;
  152         revising purse requirements of a greyhound racing
  153         permitholder that conducts live racing; amending s.
  154         550.09515, F.S.; providing for the revocation of
  155         certain thoroughbred racing permits; specifying that a
  156         revoked permit may not be reissued; amending s.
  157         550.1625, F.S.; deleting the requirement that a
  158         greyhound racing permitholder pay the breaks tax;
  159         repealing s. 550.1647, F.S., relating to unclaimed
  160         tickets and breaks held by greyhound racing
  161         permitholders; amending s. 550.1648, F.S.; revising
  162         requirements for a greyhound racing permitholder to
  163         provide a greyhound adoption booth at its facility;
  164         requiring sterilization of greyhounds before adoption;
  165         authorizing the fee for such sterilization to be
  166         included in the cost of adoption; defining the term
  167         “bona fide organization that promotes or encourages
  168         the adoption of greyhounds”; creating s. 550.1752,
  169         F.S.; creating the permit reduction program within the
  170         division; providing a purpose for the program;
  171         providing for funding for the program up to a
  172         specified maximum amount; requiring the division to
  173         purchase pari-mutuel permits from permitholders under
  174         certain circumstances; requiring that permitholders
  175         who wish to make an offer to sell meet certain
  176         requirements; requiring the division to adopt a
  177         certain form by rule; requiring that the division
  178         establish the value of a pari-mutuel permit based on
  179         the valuation of one or more independent appraisers;
  180         authorizing the division to establish a value that is
  181         lower than the valuation of the independent appraiser;
  182         requiring the division to accept the offers that best
  183         utilize available funding; requiring the division to
  184         cancel permits that it purchases through the program;
  185         providing for expiration of the program; creating s.
  186         550.1753, F.S.; creating the thoroughbred purse
  187         supplement program within the division; providing a
  188         purpose for the program; providing for funding for the
  189         program; requiring the division to adopt a certain
  190         form by rule; requiring the division to apportion
  191         purse supplement funds in a certain manner; requiring
  192         a thoroughbred permitholder to return any unused
  193         portion of a purse supplement fund under certain
  194         circumstances; authorizing rulemaking; providing for
  195         expiration of the program; creating s. 550.2416, F.S.;
  196         requiring injuries to racing greyhounds to be reported
  197         within a certain timeframe on a form adopted by the
  198         division; requiring such form to be completed and
  199         signed under oath or affirmation by certain
  200         individuals; providing penalties; specifying
  201         information that must be included on the form;
  202         requiring the division to maintain the forms as public
  203         records for a specified time; specifying disciplinary
  204         action that may be taken against a licensee of the
  205         Department of Business and Professional Regulation who
  206         makes false statements on an injury form or who fails
  207         to report an injury; exempting injuries to certain
  208         animals from reporting requirements; requiring the
  209         division to adopt rules; amending s. 550.26165, F.S.;
  210         conforming a cross-reference; amending s. 550.3345,
  211         F.S.; deleting obsolete provisions; revising
  212         requirements for a permit previously converted from a
  213         quarter horse racing permit to a limited thoroughbred
  214         racing permit; amending s. 550.3551, F.S.; deleting a
  215         provision that limits the number of out-of-state races
  216         on which wagers are accepted by a greyhound racing
  217         permitholder; deleting a provision prohibiting a
  218         permitholder from conducting fewer than eight live
  219         races or games under certain circumstances; deleting a
  220         provision requiring certain permitholders to conduct a
  221         full schedule of live racing to receive certain full
  222         card broadcasts and accept certain wagers; conforming
  223         a cross-reference; amending s. 550.475, F.S.;
  224         prohibiting a permitholder from leasing from certain
  225         pari-mutuel permitholders; amending s. 550.5251, F.S.;
  226         deleting a provision relating to requirements for
  227         thoroughbred permitholders; amending s. 550.615, F.S.;
  228         revising eligibility requirements for certain pari
  229         mutuel facilities to qualify to receive certain
  230         broadcasts; providing that certain greyhound racing
  231         permitholders are not required to obtain certain
  232         written consent; deleting requirements that intertrack
  233         wagering be conducted between certain permitholders;
  234         deleting a provision prohibiting certain intertrack
  235         wagering in certain counties; specifying conditions
  236         under which greyhound racing permitholders may accept
  237         wagers; amending s. 550.6308, F.S.; revising the
  238         number of days of thoroughbred horse sales required
  239         for an applicant to obtain a limited intertrack
  240         wagering license; revising eligibility requirements
  241         for such licenses; revising requirements for such
  242         wagering; deleting provisions requiring a licensee to
  243         make certain payments to the daily pari-mutuel pool;
  244         amending s. 551.101, F.S.; revising the facilities
  245         that may possess slot machines and conduct slot
  246         machine gaming; deleting certain provisions requiring
  247         a countywide referendum to approve slot machines at
  248         certain facilities; amending s. 551.102, F.S.;
  249         revising definitions; amending s. 551.104, F.S.;
  250         prohibiting the division from issuing a slot machine
  251         license to certain pari-mutuel permitholders; revising
  252         conditions of licensure and conditions for maintaining
  253         authority to conduct slot machine gaming; exempting a
  254         summer thoroughbred racing permitholder from certain
  255         purse requirements; providing applicability; deleting
  256         a provision prohibiting the division from issuing or
  257         renewing a license for an applicant holding a permit
  258         under ch. 550, F.S., under certain circumstances;
  259         providing an expiration for a provision requiring
  260         certain slot machine licensees to remit a certain
  261         amount for the payment of purses on live races;
  262         conforming provisions to changes made by the act;
  263         creating s. 551.1042, F.S.; prohibiting the transfer
  264         of a slot machine license or relocation of a slot
  265         machine facility; creating s. 551.1043, F.S.;
  266         providing legislative findings; authorizing two
  267         additional slot machine licenses to be awarded and
  268         renewed annually to persons located in specified
  269         counties; providing that no more than one license may
  270         be awarded in each of those counties; authorizing
  271         certain persons to apply for such licenses; providing
  272         that certain persons are ineligible to apply for the
  273         additional slot machine licenses; providing a license
  274         application fee; requiring the deposit of the fee in
  275         the Pari-mutuel Wagering Trust Fund; requiring the
  276         Division of Pari-mutuel Wagering to award the license
  277         to the applicant that best meets the selection
  278         criteria; providing selection criteria; requiring the
  279         division to complete a certain evaluation by a
  280         specified date; specifying grounds for denial of an
  281         application; providing that certain protests be
  282         forwarded to the Division of Administrative Hearings;
  283         providing requirements for appeals; authorizing the
  284         Division of Pari-mutuel Wagering to adopt certain
  285         emergency rules; authorizing the licensee of the
  286         additional slot machine license to operate a cardroom
  287         and a specified number of house banked blackjack table
  288         games at its facility under certain circumstances;
  289         providing that such licensee is subject to specified
  290         provisions of ch. 849, F.S., and exempt from specified
  291         provisions of chs. 550 and 551, F.S.; creating s.
  292         551.1044, F.S.; authorizing blackjack table games at
  293         certain pari-mutuel facilities; specifying limits on
  294         wagers; requiring a permitholder that offers banked
  295         blackjack to pay a tax to the state; providing that
  296         such tax is subject to certain provisions of ch. 849,
  297         F.S.; amending s. 551.106, F.S.; deleting obsolete
  298         provisions; revising the tax rate on slot machine
  299         revenues under certain conditions; revising the taxes
  300         to be paid to the division for deposit into the Pari
  301         mutuel Wagering Trust Fund; requiring certain funds to
  302         be transferred into the Educational Enhancement Trust
  303         Fund and to specified entities; amending s. 551.108,
  304         F.S.; providing applicability; amending s. 551.114,
  305         F.S.; revising the areas where a designated slot
  306         machine gaming area may be located; amending s.
  307         551.116, F.S.; deleting a restriction on the number of
  308         hours per day that slot machine gaming areas may be
  309         open; amending s. 551.121, F.S.; authorizing the
  310         serving of complimentary or reduced-cost alcoholic
  311         beverages to persons playing slot machines;
  312         authorizing the location of an automated teller
  313         machine or similar device within designated slot
  314         machine gaming areas; amending s. 849.086, F.S.;
  315         amending legislative intent; revising definitions;
  316         deleting certain license renewal requirements;
  317         deleting provisions relating to restrictions on hours
  318         of operation; authorizing certain cardroom operators
  319         to offer certain designated player games; requiring
  320         the designated player to be licensed; prohibiting
  321         cardroom operators from serving as the designated
  322         player in a game and from having a financial interest
  323         in a designated player; authorizing a cardroom
  324         operator to collect a rake, subject to certain
  325         requirements; requiring the dealer button to be
  326         rotated under certain circumstances; prohibiting a
  327         cardroom operator from allowing a designated player to
  328         pay an opposing player under certain circumstances;
  329         providing elements of a designated player game;
  330         revising requirements for a cardroom license to be
  331         issued or renewed; requiring a certain written
  332         agreement with a thoroughbred permitholder; providing
  333         contract requirements for the agreement; conforming
  334         provisions to changes made by the act; directing the
  335         Division of Pari-mutuel Wagering to revoke certain
  336         pari-mutuel permits; specifying that the revoked
  337         permits may not be reissued; providing a directive to
  338         the Division of Law Revision and Information;
  339         providing effective dates; providing a contingent
  340         effective date.
  341          
  342  Be It Enacted by the Legislature of the State of Florida:
  343  
  344         Section 1. Section 24.103, Florida Statutes, is reordered
  345  and amended to read:
  346         24.103 Definitions.—As used in this act, the term:
  347         (1) “Department” means the Department of the Lottery.
  348         (6)(2) “Secretary” means the secretary of the department.
  349         (3) “Person” means any individual, firm, association, joint
  350  adventure, partnership, estate, trust, syndicate, fiduciary,
  351  corporation, or other group or combination and includes an shall
  352  include any agency or political subdivision of the state.
  353         (4) “Point-of-sale terminal” means an electronic device
  354  used to process credit card, debit card, or other similar charge
  355  card payments at retail locations which is supported by networks
  356  that enable verification, payment, transfer of funds, and
  357  logging of transactions.
  358         (2)(4) “Major procurement” means a procurement for a
  359  contract for the printing of tickets for use in any lottery
  360  game, consultation services for the startup of the lottery, any
  361  goods or services involving the official recording for lottery
  362  game play purposes of a player’s selections in any lottery game
  363  involving player selections, any goods or services involving the
  364  receiving of a player’s selection directly from a player in any
  365  lottery game involving player selections, any goods or services
  366  involving the drawing, determination, or generation of winners
  367  in any lottery game, the security report services provided for
  368  in this act, or any goods and services relating to marketing and
  369  promotion which exceed a value of $25,000.
  370         (5) “Retailer” means a person who sells lottery tickets on
  371  behalf of the department pursuant to a contract.
  372         (7)(6) “Vendor” means a person who provides or proposes to
  373  provide goods or services to the department, but does not
  374  include an employee of the department, a retailer, or a state
  375  agency.
  376         Section 2. Present subsections (19) and (20) of section
  377  24.105, Florida Statutes, are redesignated as subsections (20)
  378  and (21), respectively, and a new subsection (19) is added to
  379  that section, to read:
  380         24.105 Powers and duties of department.—The department
  381  shall:
  382         (19) Have the authority to create a program that allows a
  383  person who is at least 18 years of age to purchase a lottery
  384  ticket or game at a point-of-sale terminal. The department may
  385  adopt rules to administer the program. Such rules shall include,
  386  but are not limited to, the following:
  387         (a) Limiting the dollar amount of lottery tickets or games
  388  that a person may purchase at point-of-sale terminals;
  389         (b) Creating a process to enable a customer to restrict or
  390  prevent his or her own access to lottery tickets or games; and
  391         (c) Ensuring that the program is administered in a manner
  392  that does not breach the exclusivity provisions of any Indian
  393  gaming compact to which this state is a party.
  394         Section 3. Section 24.112, Florida Statutes, is amended to
  395  read:
  396         24.112 Retailers of lottery tickets; authorization of
  397  vending machines; point-of-sale terminals to dispense lottery
  398  tickets.—
  399         (1) The department shall adopt promulgate rules specifying
  400  the terms and conditions for contracting with retailers who will
  401  best serve the public interest and promote the sale of lottery
  402  tickets.
  403         (2) In the selection of retailers, the department shall
  404  consider factors such as financial responsibility, integrity,
  405  reputation, accessibility of the place of business or activity
  406  to the public, security of the premises, the sufficiency of
  407  existing retailers to serve the public convenience, and the
  408  projected volume of the sales for the lottery game involved. In
  409  the consideration of these factors, the department may require
  410  the information it deems necessary of any person applying for
  411  authority to act as a retailer. However, the department may not
  412  establish a limitation upon the number of retailers and shall
  413  make every effort to allow small business participation as
  414  retailers. It is the intent of the Legislature that retailer
  415  selections be based on business considerations and the public
  416  convenience and that retailers be selected without regard to
  417  political affiliation.
  418         (3) The department may shall not contract with any person
  419  as a retailer who:
  420         (a) Is less than 18 years of age.
  421         (b) Is engaged exclusively in the business of selling
  422  lottery tickets; however, this paragraph may shall not preclude
  423  the department from selling lottery tickets.
  424         (c) Has been convicted of, or entered a plea of guilty or
  425  nolo contendere to, a felony committed in the preceding 10
  426  years, regardless of adjudication, unless the department
  427  determines that:
  428         1. The person has been pardoned or the person’s civil
  429  rights have been restored;
  430         2. Subsequent to such conviction or entry of plea the
  431  person has engaged in the kind of law-abiding commerce and good
  432  citizenship that would reflect well upon the integrity of the
  433  lottery; or
  434         3. If the person is a firm, association, partnership,
  435  trust, corporation, or other entity, the person has terminated
  436  its relationship with the individual whose actions directly
  437  contributed to the person’s conviction or entry of plea.
  438         (4) The department shall issue a certificate of authority
  439  to each person with whom it contracts as a retailer for purposes
  440  of display pursuant to subsection (6). The issuance of the
  441  certificate may shall not confer upon the retailer any right
  442  apart from that specifically granted in the contract. The
  443  authority to act as a retailer may shall not be assignable or
  444  transferable.
  445         (5) A Any contract executed by the department pursuant to
  446  this section shall specify the reasons for any suspension or
  447  termination of the contract by the department, including, but
  448  not limited to:
  449         (a) Commission of a violation of this act or rule adopted
  450  pursuant thereto.
  451         (b) Failure to accurately account for lottery tickets,
  452  revenues, or prizes as required by the department.
  453         (c) Commission of any fraud, deceit, or misrepresentation.
  454         (d) Insufficient sale of tickets.
  455         (e) Conduct prejudicial to public confidence in the
  456  lottery.
  457         (f) Any material change in any matter considered by the
  458  department in executing the contract with the retailer.
  459         (6) Each Every retailer shall post and keep conspicuously
  460  displayed in a location on the premises accessible to the public
  461  its certificate of authority and, with respect to each game, a
  462  statement supplied by the department of the estimated odds of
  463  winning a some prize for the game.
  464         (7) A No contract with a retailer may not shall authorize
  465  the sale of lottery tickets at more than one location, and a
  466  retailer may sell lottery tickets only at the location stated on
  467  the certificate of authority.
  468         (8) With respect to any retailer whose rental payments for
  469  premises are contractually computed, in whole or in part, on the
  470  basis of a percentage of retail sales, and where such
  471  computation of retail sales is not explicitly defined to include
  472  sales of tickets in a state-operated lottery, the compensation
  473  received by the retailer from the department shall be deemed to
  474  be the amount of the retail sale for the purposes of such
  475  contractual compensation.
  476         (9)(a) The department may require each every retailer to
  477  post an appropriate bond as determined by the department, using
  478  an insurance company acceptable to the department, in an amount
  479  not to exceed twice the average lottery ticket sales of the
  480  retailer for the period within which the retailer is required to
  481  remit lottery funds to the department. For the first 90 days of
  482  sales of a new retailer, the amount of the bond may not exceed
  483  twice the average estimated lottery ticket sales for the period
  484  within which the retailer is required to remit lottery funds to
  485  the department. This paragraph does shall not apply to lottery
  486  tickets that which are prepaid by the retailer.
  487         (b) In lieu of such bond, the department may purchase
  488  blanket bonds covering all or selected retailers or may allow a
  489  retailer to deposit and maintain with the Chief Financial
  490  Officer securities that are interest bearing or accruing and
  491  that, with the exception of those specified in subparagraphs 1.
  492  and 2., are rated in one of the four highest classifications by
  493  an established nationally recognized investment rating service.
  494  Securities eligible under this paragraph shall be limited to:
  495         1. Certificates of deposit issued by solvent banks or
  496  savings associations organized and existing under the laws of
  497  this state or under the laws of the United States and having
  498  their principal place of business in this state.
  499         2. United States bonds, notes, and bills for which the full
  500  faith and credit of the government of the United States is
  501  pledged for the payment of principal and interest.
  502         3. General obligation bonds and notes of any political
  503  subdivision of the state.
  504         4. Corporate bonds of any corporation that is not an
  505  affiliate or subsidiary of the depositor.
  506  
  507  Such securities shall be held in trust and shall have at all
  508  times a market value at least equal to an amount required by the
  509  department.
  510         (10) Each Every contract entered into by the department
  511  pursuant to this section shall contain a provision for payment
  512  of liquidated damages to the department for any breach of
  513  contract by the retailer.
  514         (11) The department shall establish procedures by which
  515  each retailer shall account for all tickets sold by the retailer
  516  and account for all funds received by the retailer from such
  517  sales. The contract with each retailer shall include provisions
  518  relating to the sale of tickets, payment of moneys to the
  519  department, reports, service charges, and interest and
  520  penalties, if necessary, as the department shall deem
  521  appropriate.
  522         (12) No Payment by a retailer to the department for tickets
  523  may not shall be in cash. All such payments shall be in the form
  524  of a check, bank draft, electronic fund transfer, or other
  525  financial instrument authorized by the secretary.
  526         (13) Each retailer shall provide accessibility for disabled
  527  persons on habitable grade levels. This subsection does not
  528  apply to a retail location that which has an entrance door
  529  threshold more than 12 inches above ground level. As used in
  530  herein and for purposes of this subsection only, the term
  531  “accessibility for disabled persons on habitable grade levels”
  532  means that retailers shall provide ramps, platforms, aisles and
  533  pathway widths, turnaround areas, and parking spaces to the
  534  extent these are required for the retailer’s premises by the
  535  particular jurisdiction where the retailer is located.
  536  Accessibility shall be required to only one point of sale of
  537  lottery tickets for each lottery retailer location. The
  538  requirements of this subsection shall be deemed to have been met
  539  if, in lieu of the foregoing, disabled persons can purchase
  540  tickets from the retail location by means of a drive-up window,
  541  provided the hours of access at the drive-up window are not less
  542  than those provided at any other entrance at that lottery
  543  retailer location. Inspections for compliance with this
  544  subsection shall be performed by those enforcement authorities
  545  responsible for enforcement pursuant to s. 553.80 in accordance
  546  with procedures established by those authorities. Those
  547  enforcement authorities shall provide to the Department of the
  548  Lottery a certification of noncompliance for any lottery
  549  retailer not meeting such requirements.
  550         (14) The secretary may, after filing with the Department of
  551  State his or her manual signature certified by the secretary
  552  under oath, execute or cause to be executed contracts between
  553  the department and retailers by means of engraving, imprinting,
  554  stamping, or other facsimile signature.
  555         (15) A vending machine may be used to dispense online
  556  lottery tickets, instant lottery tickets, or both online and
  557  instant lottery tickets.
  558         (a) The vending machine must:
  559         1. Dispense a lottery ticket after a purchaser inserts a
  560  coin or currency in the machine.
  561         2. Be capable of being electronically deactivated for a
  562  period of 5 minutes or more.
  563         3. Be designed to prevent its use for any purpose other
  564  than dispensing a lottery ticket.
  565         (b) In order to be authorized to use a vending machine to
  566  dispense lottery tickets, a retailer must:
  567         1. Locate the vending machine in the retailer’s direct line
  568  of sight to ensure that purchases are only made by persons at
  569  least 18 years of age.
  570         2. Ensure that at least one employee is on duty when the
  571  vending machine is available for use. However, if the retailer
  572  has previously violated s. 24.1055, at least two employees must
  573  be on duty when the vending machine is available for use.
  574         (c) A vending machine that dispenses a lottery ticket may
  575  dispense change to a purchaser but may not be used to redeem any
  576  type of winning lottery ticket.
  577         (d) The vending machine, or any machine or device linked to
  578  the vending machine, may not include or make use of video reels
  579  or mechanical reels or other video depictions of slot machine or
  580  casino game themes or titles for game play. This does not
  581  preclude the use of casino game themes or titles on such tickets
  582  or signage or advertising displays on the machines.
  583         (16) The department, a retailer operating from one or more
  584  locations, or a vendor approved by the department may use a
  585  point-of-sale terminal to facilitate the sale of a lottery
  586  ticket or game.
  587         (a) A point-of-sale terminal must:
  588         1. Dispense a paper lottery ticket with numbers selected by
  589  the purchaser or selected randomly by the machine after the
  590  purchaser uses a credit card, debit card, or other similar
  591  charge card issued by a bank, savings association, credit union,
  592  or charge card company or issued by a retailer pursuant to part
  593  II of chapter 520 for payment;
  594         2. Recognize a valid driver license or use another age
  595  verification process approved by the department to ensure that
  596  only persons at least 18 years of age may purchase a lottery
  597  ticket or game;
  598         3.Process a lottery transaction through a platform that is
  599  certified or otherwise approved by the department; and
  600         4. Be in compliance with all applicable department
  601  requirements related to the lottery ticket or game offered for
  602  sale.
  603         (b) A point-of-sale terminal does not reveal winning
  604  numbers, which are selected at a subsequent time and different
  605  location through a drawing by the state lottery.
  606         (c) A point-of-sale terminal, or any machine or device
  607  linked to the point-of-sale terminal, may not include or make
  608  use of video reels or mechanical reels or other video depictions
  609  of slot machine or casino game themes or titles for game play.
  610  This does not preclude the use of casino game themes or titles
  611  on a lottery ticket or game or on the signage or advertising
  612  displays on the terminal.
  613         (d)A point-of-sale terminal may not be used to redeem a
  614  winning ticket.
  615         Section 4. Effective upon becoming a law, paragraph (a) of
  616  subsection (1) and subsection (3) of section 285.710, Florida
  617  Statutes, are amended, present subsections (4) through (14) of
  618  that section are redesignated as subsections (5) through (15),
  619  respectively, and a new subsection (4) is added to that section,
  620  to read:
  621         285.710 Compact authorization.—
  622         (1) As used in this section, the term:
  623         (a) “Compact” means the Gaming Compact between the Seminole
  624  Tribe of Florida and the State of Florida, executed on April 7,
  625  2010.
  626         (3)(a)A The gaming compact between the Seminole Tribe of
  627  Florida and the State of Florida, executed by the Governor and
  628  the Tribe on April 7, 2010, was is ratified and approved by
  629  chapter 2010-29, Laws of Florida. The Governor shall cooperate
  630  with the Tribe in seeking approval of the compact from the
  631  United States Secretary of the Interior.
  632         (b) The Gaming Compact between the Seminole Tribe of
  633  Florida and the State of Florida, which was executed by the
  634  Governor and the Tribe on December 7, 2015, shall be deemed
  635  ratified and approved only if amended as specified in subsection
  636  (4).
  637         (c) Upon approval or deemed approval by the United States
  638  Department of Interior and publication in the Federal Register,
  639  the amended Gaming Compact supersedes the gaming compact
  640  ratified and approved by chapter 2010-29, Laws of Florida. The
  641  Governor shall cooperate with the Tribe in seeking approval of
  642  the amended Gaming Compact from the United States Secretary of
  643  the Interior. The Secretary of the Department of Business and
  644  Professional Regulation is directed to notify in writing the
  645  Governor, the President of the Senate, the Speaker of the House
  646  of Representatives, and the Division of Law Revision and
  647  Information of the effective date of the compact, amended as
  648  required by this act, which has been published in the Federal
  649  Register by the Department of the Interior within 5 days after
  650  such publication.
  651         (4) The compact executed on December 7, 2015, shall be
  652  amended by an agreement between the Governor and the Tribe to:
  653         (a) Become effective after it is approved as a tribal-state
  654  compact within the meaning of the Indian Gaming Regulatory Act
  655  by action of the United States Secretary of the Interior or by
  656  operation of law under 25 U.S.C. s. 2710(d)(8), and upon
  657  publication of a notice of approval in the Federal Register
  658  under 25 U.S.C. s. 2710(d)(8)(D).
  659         (b) Require that the State of Florida and the Tribe
  660  dismiss, with prejudice, any and all pending motions for
  661  rehearing or any pending appeals arising from State of Florida
  662  v. Seminole Tribe of Florida (Consolidated Case No. 4:15cv516
  663  RH/CAS; United States District Court in and for the Northern
  664  District of Florida); and
  665         (c)Incorporate the following exceptions to the exclusivity
  666  provided to the Tribe under the gaming compact executed on
  667  December 7, 2015:
  668         1.Point-of-sale lottery ticket sales are permitted in
  669  accordance with chapter 24, Florida Statutes, as amended by this
  670  act;
  671         2.Fantasy contests conducted in accordance with ss.
  672  546.11-546.18, as created by this act;
  673         3.Slot machines operated in accordance with chapter 551,
  674  Florida Statutes, as amended by this act;
  675         4.The game of blackjack conducted at cardrooms, in
  676  accordance with chapter 849, Florida Statutes, as amended by
  677  this act;
  678         5.Designated player games of poker conducted at cardrooms
  679  in accordance with chapter 849, Florida Statutes, as amended by
  680  this act, and in compliance with Rule Chapter 61D-11, Florida
  681  Administrative Code;
  682         6.Those activities claimed to be violations of the gaming
  683  compact between the Seminole Tribe of Florida and the State of
  684  Florida, executed by the Governor and the Tribe on April 7,
  685  2010, in the legal actions consolidated and heard in State of
  686  Florida v. Seminole Tribe of Florida (Consolidated Case No.
  687  4:15cv516-RH/CAS; United States District Court in and for the
  688  Northern District of Florida); and
  689         7.All activities authorized and conducted pursuant to
  690  Florida law, as amended by this act.
  691  
  692  The incorporation of all such provisions shall not impact or
  693  change the payments required to the State under Part XI. of the
  694  compact.
  695         Section 5. Subsection (14) of section 285.710, Florida
  696  Statutes, as amended by this act, is amended to read:
  697         285.710 Compact authorization.—
  698         (14) For the purpose of satisfying the requirement in 25
  699  U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
  700  under an Indian gaming compact must be permitted in the state
  701  for any purpose by any person, organization, or entity, the
  702  following class III games or other games specified in this
  703  section are hereby authorized to be conducted by the Tribe
  704  pursuant to the compact:
  705         (a) Slot machines, as defined in s. 551.102(8).
  706         (b) Banking or banked card games, including baccarat,
  707  chemin de fer, and blackjack or 21 at the tribal facilities in
  708  Broward County, Collier County, and Hillsborough County.
  709         (c) Dice games, such as craps and sic-bo.
  710         (d) Wheel games, such as roulette and big six.
  711         (e)(c) Raffles and drawings.
  712         Section 6. Subsection (4) of section 285.712, Florida
  713  Statutes, is amended to read:
  714         285.712 Tribal-state gaming compacts.—
  715         (4) Upon receipt of an act ratifying a tribal-state
  716  compact, the Secretary of State shall forward a copy of the
  717  executed compact and the ratifying act to the United States
  718  Secretary of the Interior for his or her review and approval, in
  719  accordance with 25 U.S.C. s. 2710(d)(8) s. 2710(8)(d).
  720         Section 7. Section 546.11, Florida Statutes, is created to
  721  read:
  722         546.11 Short title.—Sections 546.11-546.18 may be cited as
  723  the “Fantasy Contest Amusement Act.”
  724         Section 8. Section 546.12, Florida Statutes, is created to
  725  read:
  726         546.12. Legislative intent.—It is the intent of the
  727  Legislature to ensure public confidence in the integrity of
  728  fantasy contests and fantasy contest operators. This act is
  729  designed to strictly regulate the operators of fantasy contests
  730  and individuals who participate in such contests and to adopt
  731  consumer protections related to fantasy contests. Furthermore,
  732  the Legislature finds that fantasy contests, as that term is
  733  defined in s. 546.13, involve the skill of contest participants.
  734         Section 9. Section 546.13, Florida Statutes, is created to
  735  read:
  736         546.13 Definitions.—As used in ss. 546.11-546.18, the term:
  737         (1) “Confidential information” means information related to
  738  the playing of fantasy contests by contest participants which is
  739  obtained solely as a result of a person’s employment with, or
  740  work as an agent of, a contest operator.
  741         (2) “Contest operator” means a person or entity that offers
  742  fantasy contests for a cash prize to members of the public.
  743         (3) “Contest participant” means a person who pays an entry
  744  fee for the ability to participate in a fantasy contest offered
  745  by a contest operator.
  746         (4) “Entry fee” means the cash or cash equivalent amount
  747  that is required to be paid by a person to a contest operator to
  748  participate in a fantasy contest.
  749         (5) “Fantasy contest” means a fantasy or simulation sports
  750  game or contest offered by a contest operator or a noncommercial
  751  contest operator in which a contest participant manages a
  752  fantasy or simulation sports team composed of athletes from an
  753  amateur or professional sports organization and which meets the
  754  following conditions:
  755         (a) All prizes and awards offered to winning contest
  756  participants are established and made known to the contest
  757  participants in advance of the game or contest and their value
  758  is not determined by the number of contest participants or the
  759  amount of any fees paid by those contest participants.
  760         (b) All winning outcomes reflect the relative knowledge and
  761  skill of the contest participants and are determined
  762  predominantly by accumulated statistical results of the
  763  performance of the athletes participating in multiple real-world
  764  sporting or other events. However, a winning outcome may not be
  765  based:
  766         1. On the score, point spread, or any performance or
  767  performances of a single real-world team or any combination of
  768  such teams;
  769         2. Solely on any single performance of an individual
  770  athlete in a single real-world sporting or other event; or
  771         3. On a live pari-mutuel event, as the term “pari-mutuel”
  772  is defined in s. 550.002.
  773         (6) “Noncommercial contest operator” means a person who
  774  organizes and conducts a fantasy contest in which contest
  775  participants are charged entry fees for the right to
  776  participate; entry fees are collected, maintained, and
  777  distributed by the same person; and all entry fees are returned
  778  to the contest participants in the form of prizes.
  779         (7) “Office” means the Office of Amusements created in s.
  780  546.14.
  781         Section 10. Section 546.14, Florida Statutes is created to
  782  read:
  783         546.14 Office of amusements.—
  784         (1) The Office of Amusements is created within the
  785  Department of Business and Professional Regulation. The office
  786  shall operate under the supervision of a senior manager exempt
  787  under s. 110.205 in the Senior Management Service appointed by
  788  the Secretary of Business and Professional Regulation.
  789         (2) The duties of the office include, but are not limited
  790  to, administering and enforcing this act and any rules adopted
  791  pursuant to this act and any other duties authorized by the
  792  secretary. The office may work with department personnel as
  793  needed to assist in fulfilling its duties.
  794         (3) The office may:
  795         (a) Conduct investigations and monitor the operation and
  796  play of fantasy contests.
  797         (b) Review the books, accounts, and records of any current
  798  or former contest operator.
  799         (c) Suspend or revoke any license, after a hearing, for any
  800  violation of state law or rule.
  801         (d) Take testimony, issue summons and subpoenas for any
  802  witness, and issue subpoenas duces tecum in connection with any
  803  matter within its jurisdiction.
  804         (e) Monitor and ensure the proper collection and
  805  safeguarding of entry fees and the payment of contest prizes in
  806  accordance with consumer protection procedures adopted pursuant
  807  to s. 546.16.
  808         (4) The office may adopt rules to implement and administer
  809  this act.
  810         Section 11. Section 546.15, Florida Statutes, is created to
  811  read:
  812         546.15 Licensing.—
  813         (1) A contest operator that offers fantasy contests for
  814  play by persons in this state must be licensed by the office to
  815  conduct fantasy contests within this state. The initial license
  816  application fee is $500,000, and the annual license renewal fee
  817  is $100,000; however, the respective fees may not exceed 10
  818  percent of the amount of entry fees collected by a contest
  819  operator from the operation of fantasy contests in this state,
  820  less the amount of cash or cash equivalents paid to contest
  821  participants. The office shall require the contest operator to
  822  provide written evidence of the proposed amount of entry fees
  823  and cash or cash equivalents to be paid to contest participants
  824  during the annual license period. Before renewing a license, the
  825  contest operator shall provide written evidence to the office of
  826  the actual entry fees collected and cash or cash equivalents
  827  paid to contest participants during the previous period of
  828  licensure. The contest operator shall remit to the office any
  829  difference in license fee which results from the difference
  830  between the proposed amount of entry fees and cash or cash
  831  equivalents paid to contest participants and the actual amounts
  832  collected and paid.
  833         (2) The office shall grant or deny a completed application
  834  within 120 days after receipt. A completed application that is
  835  not acted upon by the office within 120 days after receipt is
  836  deemed approved, and the office shall issue the license.
  837  Applications for a contest operator’s license are exempt from
  838  the 90-day licensure timeframe imposed in s. 120.60(1).
  839         (3) The application must include:
  840         (a) The full name of the applicant.
  841         (b) If the applicant is a corporation, the name of the
  842  state in which the applicant is incorporated and the names and
  843  addresses of the officers, directors, and shareholders who hold
  844  5 percent or more equity.
  845         (c) If the applicant is a business entity other than a
  846  corporation, the names and addresses of the principals,
  847  partners, or shareholders who hold 5 percent or more equity.
  848         (d) The names and addresses of the ultimate equitable
  849  owners of the corporation or other business entity, if different
  850  from those provided under paragraphs (b) and (c), unless the
  851  securities of the corporation or entity are registered pursuant
  852  to s. 12 of the Securities Exchange Act of 1934, 15 U.S.C. ss.
  853  78a-78kk, and:
  854         1. The corporation or entity files with the United States
  855  Securities and Exchange Commission the reports required by s. 13
  856  of that act; or
  857         2. The securities of the corporation or entity are
  858  regularly traded on an established securities market in the
  859  United States.
  860         (e) The estimated number of fantasy contests to be
  861  conducted by the applicant annually.
  862         (f) A statement of the assets and liabilities of the
  863  applicant.
  864         (g) If required by the office, the names and addresses of
  865  the officers and directors of any debtor of the applicant and of
  866  stockholders who hold more than 10 percent of the stock of the
  867  debtor.
  868         (h) For each individual listed in the application as an
  869  officer or director, a complete set of fingerprints taken by an
  870  authorized law enforcement officer. The office shall submit such
  871  fingerprints to the Federal Bureau of Investigation for national
  872  processing. A foreign national shall submit such documents as
  873  necessary to allow the office to conduct criminal history
  874  records checks in the individual’s home country. The applicant
  875  must pay the full cost of processing fingerprints and required
  876  documentation. The office also may charge a $2 handling fee for
  877  each set of fingerprints submitted.
  878         (4) A person or entity is not eligible for licensure as a
  879  contest operator or for licensure renewal if the person or an
  880  officer or director of the entity is determined by the office,
  881  after investigation, not to be of good moral character or is
  882  found to have been convicted of a felony in this state, any
  883  offense in another jurisdiction which would be considered a
  884  felony if committed in this state, or a felony under the laws of
  885  the United States. As used in this subsection, the term
  886  “convicted” means having been found guilty, with or without
  887  adjudication of guilt, as a result of a jury verdict, nonjury
  888  trial, or entry of a plea of guilty or nolo contendere.
  889         (5) The contest operator shall provide evidence of a surety
  890  bond in the amount of $1 million, payable to the state,
  891  furnished by a corporate surety authorized to do business. The
  892  surety bond shall be kept in full force and effect by the
  893  contest operator during the term of the license and any renewal
  894  thereof. The office shall adopt by rule the form required for
  895  such surety bond.
  896         (6) The office may suspend, revoke, or deny the license of
  897  a contest operator who fails to comply with this act or rules
  898  adopted pursuant thereto.
  899         Section 12. Section 546.16, Florida Statutes, is created to
  900  read:
  901         546.16 Consumer protection.—
  902         (1) A contest operator that charges an entry fee to contest
  903  participants shall implement procedures for fantasy contests
  904  which:
  905         (a) Prevent employees of the contest operator, and
  906  relatives living in the same household as such employees, from
  907  competing in a fantasy contest in which a cash prize is awarded.
  908         (b) Prohibit the contest operator from being a contest
  909  participant in a fantasy contest that he or she offers.
  910         (c) Prevent employees or agents of the contest operator
  911  from sharing with a third party confidential information that
  912  could affect fantasy contest play until the information has been
  913  made publicly available.
  914         (d) Verify that contest participants are 18 years of age or
  915  older.
  916         (e) Restrict an individual who is a player, a game
  917  official, or another participant in a real-world game or
  918  competition from participating in a fantasy contest that is
  919  determined, in whole or in part, on the performance of that
  920  individual, the individual’s real-world team, or the accumulated
  921  statistical results of the sport or competition in which he or
  922  she is a player, game official, or other participant.
  923         (f) Allow individuals to restrict or prevent their own
  924  access to such a fantasy contest and take reasonable steps to
  925  prevent those individuals from entering a fantasy contest.
  926         (g) Limit the number of entries a single contest
  927  participant may submit to each fantasy contest and take
  928  reasonable steps to prevent participants from submitting more
  929  than the allowable number of entries.
  930         (h) Segregate contest participants’ funds from operational
  931  funds and maintain a reserve in the form of cash, cash
  932  equivalents, an irrevocable letter of credit, a bond, or a
  933  combination thereof in the total amount of deposits in contest
  934  participants’ accounts for the benefit and protection of
  935  authorized contest participants’ funds held in fantasy contest
  936  accounts.
  937         (2) A contest operator that offers fantasy contests in this
  938  state which require contest participants to pay an entry fee
  939  shall annually contract with a third party to perform an
  940  independent audit, consistent with the standards established by
  941  the Public Company Accounting Oversight Board, to ensure
  942  compliance with this act. The contest operator shall submit the
  943  results of the independent audit to the office.
  944         Section 13. Section 546.17, Florida Statutes is created to
  945  read:
  946         546.17 Records and reports.—
  947         (1) Each contest operator shall keep and maintain daily
  948  records of its operations and shall maintain such records for at
  949  least 3 years. The records must sufficiently detail all
  950  financial transactions to determine compliance with the
  951  requirements of this section and must be available for audit and
  952  inspection by the office or other law enforcement agencies
  953  during the contest operator’s regular business hours. The office
  954  shall adopt rules to implement this subsection.
  955         (2) Each contest operator shall file quarterly with the
  956  office a report that includes the required records and any
  957  additional information deemed necessary by the office. The
  958  report shall be submitted on forms prescribed by the office and
  959  is deemed public records once filed.
  960         Section 14. Section 546.18, Florida Statutes, is created to
  961  read:
  962         546.18 Penalties; applicability; exemption.—
  963         (1)(a) A contest operator, or an employee or agent thereof,
  964  who violates this act is subject to a civil penalty, not to
  965  exceed $5,000 for each violation and not to exceed $100,000 in
  966  the aggregate, which shall accrue to the state. An action to
  967  recover such penalties may be brought by the office or the
  968  Department of Legal Affairs in the circuit courts in the name
  969  and on behalf of the state.
  970         (b) The penalty provisions established in this subsection
  971  do not apply to a contest operator who applies for a license
  972  within 90 days after the effective date of this section and
  973  receives a license within 240 days after the effective date of
  974  this section.
  975         (2) Fantasy contests conducted by a contest operator or
  976  noncommercial contest operator in accordance with this act are
  977  not subject to s. 849.01, s. 849.08, s. 849.09, s. 849.11, s.
  978  849.14, or s. 849.25.
  979         Section 15. The Division of Law Revision and Information is
  980  directed to replace the phrase “the effective date of this
  981  section” wherever it occurs in s. 546.18, Florida Statutes, with
  982  the date that section becomes effective. This section is
  983  effective upon becoming a law.
  984         Section 16. Subsection (11) of section 550.002, Florida
  985  Statutes, is amended to read:
  986         550.002 Definitions.—As used in this chapter, the term:
  987         (11)(a) “Full schedule of live racing or games” means:,
  988         1. For a greyhound racing permitholder or jai alai
  989  permitholder, the conduct of a combination of at least 100 live
  990  evening or matinee performances during the preceding year.; for
  991  a permitholder who has a converted permit or filed an
  992  application on or before June 1, 1990, for a converted permit,
  993  the conduct of a combination of at least 100 live evening and
  994  matinee wagering performances during either of the 2 preceding
  995  years;
  996         2. For a jai alai permitholder that who does not possess a
  997  operate slot machine license machines in its pari-mutuel
  998  facility, who has conducted at least 100 live performances per
  999  year for at least 10 years after December 31, 1992, and has had
 1000  whose handle on live jai alai games conducted at its pari-mutuel
 1001  facility which was has been less than $4 million per state
 1002  fiscal year for at least 2 consecutive years after June 30,
 1003  1992, the conduct of a combination of at least 40 live evening
 1004  or matinee performances during the preceding year.;
 1005         3. For a jai alai permitholder that possesses a who
 1006  operates slot machine license machines in its pari-mutuel
 1007  facility, the conduct of a combination of at least 150
 1008  performances during the preceding year.;
 1009         4. For a summer jai alai permitholder that does not possess
 1010  a slot machine license, the conduct of at least 58 live
 1011  performances during the preceding year, unless the permitholder
 1012  meets the requirements of subparagraph 2.
 1013         5. For a harness horse racing permitholder, the conduct of
 1014  at least 100 live regular wagering performances during the
 1015  preceding year.;
 1016         6. For a quarter horse racing permitholder at its facility,
 1017  unless an alternative schedule of at least 20 live regular
 1018  wagering performances each year is agreed upon by the
 1019  permitholder and either the Florida Quarter Horse Racing
 1020  Association or the horsemen horsemen’s association representing
 1021  the majority of the quarter horse owners and trainers at the
 1022  facility and filed with the division along with its annual
 1023  operating license date application:,
 1024         a. In the 2010-2011 fiscal year, the conduct of at least 20
 1025  regular wagering performances.,
 1026         b. In the 2011-2012 and 2012-2013 fiscal years, the conduct
 1027  of at least 30 live regular wagering performances., and
 1028         c. For every fiscal year after the 2012-2013 fiscal year,
 1029  the conduct of at least 40 live regular wagering performances.;
 1030         7. For a quarter horse racing permitholder leasing another
 1031  licensed racetrack, the conduct of 160 events at the leased
 1032  facility during the preceding year.; and
 1033         8. For a thoroughbred racing permitholder, the conduct of
 1034  at least 40 live regular wagering performances during the
 1035  preceding year.
 1036         (b)For a permitholder which is restricted by statute to
 1037  certain operating periods within the year when other members of
 1038  its same class of permit are authorized to operate throughout
 1039  the year, the specified number of live performances which
 1040  constitute a full schedule of live racing or games shall be
 1041  adjusted pro rata in accordance with the relationship between
 1042  its authorized operating period and the full calendar year and
 1043  the resulting specified number of live performances shall
 1044  constitute the full schedule of live games for such permitholder
 1045  and all other permitholders of the same class within 100 air
 1046  miles of such permitholder. A live performance must consist of
 1047  no fewer than eight races or games conducted live for each of a
 1048  minimum of three performances each week at the permitholder’s
 1049  licensed facility under a single admission charge.
 1050         Section 17. Subsections (1), (3), and (6) of section
 1051  550.01215, Florida Statutes, are amended to read:
 1052         550.01215 License application; periods of operation; bond,
 1053  conversion of permit.—
 1054         (1) Each permitholder shall annually, during the period
 1055  between December 15 and January 4, file in writing with the
 1056  division its application for an operating a license to conduct
 1057  pari-mutuel wagering during the next fiscal year, including
 1058  intertrack and simulcast race wagering for greyhound racing
 1059  permitholders, jai alai permitholders, harness horse racing
 1060  permitholders, quarter horse racing permitholders, and
 1061  thoroughbred horse racing permitholders that do not to conduct
 1062  live performances during the next state fiscal year. Each
 1063  application for live performances must shall specify the number,
 1064  dates, and starting times of all live performances that which
 1065  the permitholder intends to conduct. It must shall also specify
 1066  which performances will be conducted as charity or scholarship
 1067  performances.
 1068         (a)In addition, Each application for an operating a
 1069  license also must shall include:,
 1070         1. For each permitholder, whether the permitholder intends
 1071  to accept wagers on broadcast events.
 1072         2.For each permitholder that elects which elects to
 1073  operate a cardroom, the dates and periods of operation the
 1074  permitholder intends to operate the cardroom. or,
 1075         3. For each thoroughbred racing permitholder that which
 1076  elects to receive or rebroadcast out-of-state races after 7
 1077  p.m., the dates for all performances which the permitholder
 1078  intends to conduct.
 1079         (b)A greyhound racing permitholder that conducted a full
 1080  schedule of live racing for a period of at least 10 consecutive
 1081  state fiscal years after the 1996-1997 state fiscal year, or
 1082  that converted its permit to a permit to conduct greyhound
 1083  racing after the 1996-1997 state fiscal year, may specify in its
 1084  application for an operating license that it does not intend to
 1085  conduct live racing, or that it intends to conduct less than a
 1086  full schedule of live racing, in the next state fiscal year. A
 1087  greyhound racing permitholder may receive an operating license
 1088  to conduct pari-mutuel wagering activities at another
 1089  permitholder’s greyhound racing facility pursuant to s. 550.475.
 1090         (c)1.A thoroughbred horse racing permitholder that has
 1091  conducted live racing for at least 5 years and has had an
 1092  average annual handle of less than $5 million on the conduct of
 1093  live racing in the last 2 state fiscal years may elect not to
 1094  conduct live racing, if such election is made within 30 days
 1095  after the effective date of this act. A thoroughbred horse
 1096  racing permitholder that made such election may retain such
 1097  permit and must specify in future applications for an operating
 1098  license that it does not intend to conduct live racing.
 1099         2.If a thoroughbred horse racing permitholder made such
 1100  election and if such permitholder held a slot machine license
 1101  when such election was made, the facility where such permit is
 1102  located:
 1103         a.Remains an eligible facility pursuant to s. 551.102(4),
 1104  and continues to be eligible for a slot machine license;
 1105         b.Is exempt from ss. 550.5251, 550.334(8), 551.104(3) and
 1106  (4)(c), and 551.114(2) and (4);
 1107         c.Is eligible, but not required, to be a guest track for
 1108  purposes of intertrack wagering and interstate simulcast; and
 1109         d.Remains eligible for a cardroom license, notwithstanding
 1110  any requirement for the conduct of live racing pursuant to s.
 1111  849.086.
 1112         3.A thoroughbred horse racing permitholder that makes such
 1113  election shall comply with all contracts regarding contributions
 1114  by such permitholder to thoroughbred horse purse supplements or
 1115  breeders’ awards entered into before the effective date of this
 1116  act. This subparagraph expires December 31, 2020.
 1117         (d) Any harness racing permitholder and any quarter horse
 1118  racing permitholder that has held an operating license for at
 1119  least 5 years and a cardroom license for at least 2 years is
 1120  exempt from the live racing requirements of this subsection and
 1121  may specify in its annual application for an operating license
 1122  that it does not intend to conduct live racing, or that it
 1123  intends to conduct less than a full schedule of live racing, in
 1124  the next state fiscal year.
 1125         (e) A jai alai permitholder that has held an operating
 1126  license for at least 5 years is exempt from the live jai alai
 1127  requirements of this subsection and may specify in its annual
 1128  application for an operating license that it does not intend to
 1129  conduct live jai alai, or that it intends to conduct less than a
 1130  full schedule of live jai alai, in the next state fiscal year.
 1131         (f) Permitholders may shall be entitled to amend their
 1132  applications through February 28.
 1133         (3) The division shall issue each license no later than
 1134  March 15. Each permitholder shall operate all performances at
 1135  the date and time specified on its license. The division shall
 1136  have the authority to approve minor changes in racing dates
 1137  after a license has been issued. The division may approve
 1138  changes in racing dates after a license has been issued when
 1139  there is no objection from any operating permitholder located
 1140  within 50 miles of the permitholder requesting the changes in
 1141  operating dates. In the event of an objection, the division
 1142  shall approve or disapprove the change in operating dates based
 1143  upon the impact on operating permitholders located within 50
 1144  miles of the permitholder requesting the change in operating
 1145  dates. In making the determination to change racing dates, the
 1146  division shall take into consideration the impact of such
 1147  changes on state revenues. Notwithstanding any other provision
 1148  of law, and for the 2017-2018 fiscal year only, the division may
 1149  approve changes in racing dates for permitholders if the request
 1150  for such changes is received before August 31, 2017.
 1151         (6) A summer jai alai permitholder may apply for an
 1152  operating license to operate a jai alai fronton only during the
 1153  summer season beginning May 1 and ending November 30 of each
 1154  year on such dates as may be selected by the permitholder. Such
 1155  permitholder is subject to the same taxes, rules, and provisions
 1156  of this chapter which apply to the operation of winter jai alai
 1157  frontons. A summer jai alai permitholder is not eligible for
 1158  licensure to conduct a cardroom or operate a slot machine
 1159  facility. A summer jai alai permitholder and a winter jai alai
 1160  permitholder may not operate on the same days or in competition
 1161  with each other. This subsection does not prevent a summer jai
 1162  alai licensee from leasing the facilities of a winter jai alai
 1163  licensee for the operation of a summer meet Any permit which was
 1164  converted from a jai alai permit to a greyhound permit may be
 1165  converted to a jai alai permit at any time if the permitholder
 1166  never conducted greyhound racing or if the permitholder has not
 1167  conducted greyhound racing for a period of 12 consecutive
 1168  months.
 1169         Section 18. Subsection (1) of section 550.0251, Florida
 1170  Statutes, is amended to read:
 1171         550.0251 The powers and duties of the Division of Pari
 1172  mutuel Wagering of the Department of Business and Professional
 1173  Regulation.—The division shall administer this chapter and
 1174  regulate the pari-mutuel industry under this chapter and the
 1175  rules adopted pursuant thereto, and:
 1176         (1) The division shall make an annual report for the prior
 1177  fiscal year to the Governor, the President of the Senate, and
 1178  the Speaker of the House of Representatives. The report shall
 1179  include, at a minimum:
 1180         (a)Recent events in the gaming industry, including pending
 1181  litigation involving permitholders; pending permitholder,
 1182  facility, cardroom, slot, or operating license applications; and
 1183  new and pending rules.
 1184         (b)Actions of the department relating to the
 1185  implementation and administration of this chapter, and chapters
 1186  551 and 849.
 1187         (c)The state revenues and expenses associated with each
 1188  form of authorized gaming. Revenues and expenses associated with
 1189  pari-mutuel wagering must be further delineated by the class of
 1190  license.
 1191         (d)The performance of each pari-mutuel wagering licensee,
 1192  cardroom licensee, and slot machine licensee.
 1193         (e)A summary of disciplinary actions taken by the
 1194  department.
 1195         (f)Any suggestions to more effectively achieve showing its
 1196  own actions, receipts derived under the provisions of this
 1197  chapter, the practical effects of the application of this
 1198  chapter, and any suggestions it may approve for the more
 1199  effectual accomplishments of the purposes of this chapter.
 1200         Section 19. Paragraph (b) of subsection (9) of section
 1201  550.054, Florida Statutes, is amended, and paragraphs (c)
 1202  through (g) are added to that subsection, and paragraph (a) of
 1203  subsection (11) and subsections (13) and (14) of that section
 1204  are amended, to read:
 1205         550.054 Application for permit to conduct pari-mutuel
 1206  wagering.—
 1207         (9)
 1208         (b) The division may revoke or suspend any permit or
 1209  license issued under this chapter upon a the willful violation
 1210  by the permitholder or licensee of any provision of this
 1211  chapter, chapter 551, chapter 849, or rules of any rule adopted
 1212  pursuant thereto under this chapter. With the exception of the
 1213  revocation of permits required in paragraphs (c), (d), (f), and
 1214  (g), In lieu of suspending or revoking a permit or license, the
 1215  division may, in lieu of suspending or revoking a permit or
 1216  license, impose a civil penalty against the permitholder or
 1217  licensee for a violation of this chapter, chapter 551, chapter
 1218  849, or rules adopted pursuant thereto any rule adopted by the
 1219  division. The penalty so imposed may not exceed $1,000 for each
 1220  count or separate offense. All penalties imposed and collected
 1221  must be deposited with the Chief Financial Officer to the credit
 1222  of the General Revenue Fund.
 1223         (c)Unless a failure to obtain an operating license and to
 1224  operate was the direct result of fire, strike, war, or other
 1225  disaster or event beyond the permitholder’s control, the
 1226  division shall revoke the permit of any permitholder that has
 1227  not obtained an operating license in accordance with s.
 1228  550.01215 for a period of more than 24 consecutive months after
 1229  June 30, 2012. The division shall revoke the permit upon
 1230  adequate notice to the permitholder. Financial hardship to the
 1231  permitholder does not, in and of itself, constitute just cause
 1232  for failure to operate.
 1233         (d)The division shall revoke the permit of any
 1234  permitholder that fails to make payments that are due pursuant
 1235  to s. 550.0951 for more than 24 consecutive months unless such
 1236  failure to pay the tax due on handle was the direct result of
 1237  fire, strike, war, or other disaster or event beyond the
 1238  permitholder’s control. Financial hardship to the permitholder
 1239  does not, in and of itself, constitute just cause for failure to
 1240  pay tax on handle.
 1241         (e)Notwithstanding any other law, a new permit to conduct
 1242  pari-mutuel wagering may not be approved or issued 30 days after
 1243  the effective date of this act.
 1244         (f)A permit revoked under this subsection is void and may
 1245  not be reissued.
 1246         (g)A permitholder may apply to the division to place the
 1247  permit into inactive status for a period of 12 months pursuant
 1248  to division rule. The division, upon good cause shown by the
 1249  permitholder, may renew inactive status for a period of up to 12
 1250  months, but a permit may not be in inactive status for a period
 1251  of more than 24 consecutive months. Holders of permits in
 1252  inactive status are not eligible for licensure for pari-mutuel
 1253  wagering, slot machines, or cardrooms.
 1254         (11)(a) A permit granted under this chapter may not be
 1255  transferred or assigned except upon written approval by the
 1256  division pursuant to s. 550.1815, except that the holder of any
 1257  permit that has been converted to a jai alai permit may lease or
 1258  build anywhere within the county in which its permit is located.
 1259         (13)(a) Notwithstanding any provision provisions of this
 1260  chapter or chapter 551, a pari-mutuel no thoroughbred horse
 1261  racing permit or license issued under this chapter or chapter
 1262  551 may not shall be transferred, or reissued when such
 1263  reissuance is in the nature of a transfer so as to permit or
 1264  authorize a licensee to change the location of a pari-mutuel
 1265  facility, cardroom, or slot machine facility. thoroughbred horse
 1266  racetrack except upon proof in such form as the division may
 1267  prescribe that a referendum election has been held:
 1268         1.If the proposed new location is within the same county
 1269  as the already licensed location, in the county where the
 1270  licensee desires to conduct the race meeting and that a majority
 1271  of the electors voting on that question in such election voted
 1272  in favor of the transfer of such license.
 1273         2.If the proposed new location is not within the same
 1274  county as the already licensed location, in the county where the
 1275  licensee desires to conduct the race meeting and in the county
 1276  where the licensee is already licensed to conduct the race
 1277  meeting and that a majority of the electors voting on that
 1278  question in each such election voted in favor of the transfer of
 1279  such license.
 1280         (b)Each referendum held under the provisions of this
 1281  subsection shall be held in accordance with the electoral
 1282  procedures for ratification of permits, as provided in s.
 1283  550.0651. The expense of each such referendum shall be borne by
 1284  the licensee requesting the transfer.
 1285         (14)(a)Any holder of a permit to conduct jai alai may
 1286  apply to the division to convert such permit to a permit to
 1287  conduct greyhound racing in lieu of jai alai if:
 1288         1.Such permit is located in a county in which the division
 1289  has issued only two pari-mutuel permits pursuant to this
 1290  section;
 1291         2.Such permit was not previously converted from any other
 1292  class of permit; and
 1293         3.The holder of the permit has not conducted jai alai
 1294  games during a period of 10 years immediately preceding his or
 1295  her application for conversion under this subsection.
 1296         (b)The division, upon application from the holder of a jai
 1297  alai permit meeting all conditions of this section, shall
 1298  convert the permit and shall issue to the permitholder a permit
 1299  to conduct greyhound racing. A permitholder of a permit
 1300  converted under this section shall be required to apply for and
 1301  conduct a full schedule of live racing each fiscal year to be
 1302  eligible for any tax credit provided by this chapter. The holder
 1303  of a permit converted pursuant to this subsection or any holder
 1304  of a permit to conduct greyhound racing located in a county in
 1305  which it is the only permit issued pursuant to this section who
 1306  operates at a leased facility pursuant to s. 550.475 may move
 1307  the location for which the permit has been issued to another
 1308  location within a 30-mile radius of the location fixed in the
 1309  permit issued in that county, provided the move does not cross
 1310  the county boundary and such location is approved under the
 1311  zoning regulations of the county or municipality in which the
 1312  permit is located, and upon such relocation may use the permit
 1313  for the conduct of pari-mutuel wagering and the operation of a
 1314  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1315  apply to any permit converted under this subsection and shall
 1316  continue to apply to any permit which was previously included
 1317  under and subject to such provisions before a conversion
 1318  pursuant to this section occurred.
 1319         Section 20. Subsection (2) of section 550.0555, Florida
 1320  Statutes, is amended to read:
 1321         550.0555 Permitholder Greyhound dogracing permits;
 1322  relocation within a county; conditions.—
 1323         (2) The following permitholders are Any holder of a valid
 1324  outstanding permit for greyhound dogracing in a county in which
 1325  there is only one dogracing permit issued, as well as any holder
 1326  of a valid outstanding permit for jai alai in a county where
 1327  only one jai alai permit is issued, is authorized, without the
 1328  necessity of an additional county referendum required under s.
 1329  550.0651, to move the location for which the permit has been
 1330  issued to another location within a 30-mile radius of the
 1331  location fixed in the permit issued in that county, provided the
 1332  move does not cross the county boundary, that such relocation is
 1333  approved under the zoning regulations of the county or
 1334  municipality in which the permit is to be located as a planned
 1335  development use, consistent with the comprehensive plan, and
 1336  that such move is approved by the department after it is
 1337  determined that the new location is at least 10 miles from an
 1338  existing pari-mutuel facility and, if within a county with three
 1339  or more pari-mutuel permits, is at least 10 miles from the
 1340  waters of the Atlantic Ocean:
 1341         (a) Any holder of a valid outstanding greyhound racing
 1342  permit that was previously converted from a jai alai permit;
 1343         (b) Any holder of a valid outstanding greyhound racing
 1344  permit in a county in which there is only one greyhound racing
 1345  permit issued; and
 1346         (c) Any holder of a valid outstanding jai alai permit in a
 1347  county in which there is only one jai alai permit issued. at a
 1348  proceeding pursuant to chapter 120 in the county affected that
 1349  the move is necessary to ensure the revenue-producing capability
 1350  of the permittee without deteriorating the revenue-producing
 1351  capability of any other pari-mutuel permittee within 50 miles;
 1352  
 1353  The distances distance shall be measured on a straight line from
 1354  the nearest property line of one racing plant or jai alai
 1355  fronton to the nearest property line of the other and the
 1356  nearest mean high tide line of the Atlantic Ocean.
 1357         Section 21. Section 550.0745, Florida Statutes, is
 1358  repealed.
 1359         Section 22. Section 550.0951, Florida Statutes, is amended
 1360  to read:
 1361         550.0951 Payment of daily license fee and taxes;
 1362  penalties.—
 1363         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
 1364  business of conducting race meetings or jai alai games under
 1365  this chapter, hereinafter referred to as the “permitholder,”
 1366  “licensee,” or “permittee,” shall pay to the division, for the
 1367  use of the division, a daily license fee on each live or
 1368  simulcast pari-mutuel event of $100 for each horserace, and $80
 1369  for each greyhound race, dograce and $40 for each jai alai game,
 1370  any of which is conducted at a racetrack or fronton licensed
 1371  under this chapter. A In addition to the tax exemption specified
 1372  in s. 550.09514(1) of $360,000 or $500,000 per greyhound
 1373  permitholder per state fiscal year, each greyhound permitholder
 1374  shall receive in the current state fiscal year a tax credit
 1375  equal to the number of live greyhound races conducted in the
 1376  previous state fiscal year times the daily license fee specified
 1377  for each dograce in this subsection applicable for the previous
 1378  state fiscal year. This tax credit and the exemption in s.
 1379  550.09514(1) shall be applicable to any tax imposed by this
 1380  chapter or the daily license fees imposed by this chapter except
 1381  during any charity or scholarship performances conducted
 1382  pursuant to s. 550.0351. Each permitholder may not be required
 1383  to shall pay daily license fees in excess of not to exceed $500
 1384  per day on any simulcast races or games on which such
 1385  permitholder accepts wagers, regardless of the number of out-of
 1386  state events taken or the number of out-of-state locations from
 1387  which such events are taken. This license fee shall be deposited
 1388  with the Chief Financial Officer to the credit of the Pari
 1389  mutuel Wagering Trust Fund.
 1390         (b)Each permitholder that cannot utilize the full amount
 1391  of the exemption of $360,000 or $500,000 provided in s.
 1392  550.09514(1) or the daily license fee credit provided in this
 1393  section may, after notifying the division in writing, elect once
 1394  per state fiscal year on a form provided by the division to
 1395  transfer such exemption or credit or any portion thereof to any
 1396  greyhound permitholder which acts as a host track to such
 1397  permitholder for the purpose of intertrack wagering. Once an
 1398  election to transfer such exemption or credit is filed with the
 1399  division, it shall not be rescinded. The division shall
 1400  disapprove the transfer when the amount of the exemption or
 1401  credit or portion thereof is unavailable to the transferring
 1402  permitholder or when the permitholder who is entitled to
 1403  transfer the exemption or credit or who is entitled to receive
 1404  the exemption or credit owes taxes to the state pursuant to a
 1405  deficiency letter or administrative complaint issued by the
 1406  division. Upon approval of the transfer by the division, the
 1407  transferred tax exemption or credit shall be effective for the
 1408  first performance of the next payment period as specified in
 1409  subsection (5). The exemption or credit transferred to such host
 1410  track may be applied by such host track against any taxes
 1411  imposed by this chapter or daily license fees imposed by this
 1412  chapter. The greyhound permitholder host track to which such
 1413  exemption or credit is transferred shall reimburse such
 1414  permitholder the exact monetary value of such transferred
 1415  exemption or credit as actually applied against the taxes and
 1416  daily license fees of the host track. The division shall ensure
 1417  that all transfers of exemption or credit are made in accordance
 1418  with this subsection and shall have the authority to adopt rules
 1419  to ensure the implementation of this section.
 1420         (2) ADMISSION TAX.—
 1421         (a) An admission tax equal to 15 percent of the admission
 1422  charge for entrance to the permitholder’s facility and
 1423  grandstand area, or 10 cents, whichever is greater, is imposed
 1424  on each person attending a horserace, greyhound race dograce, or
 1425  jai alai game. The permitholder is shall be responsible for
 1426  collecting the admission tax.
 1427         (b) The No admission tax imposed under this chapter and or
 1428  chapter 212 may not shall be imposed on any free passes or
 1429  complimentary cards issued to persons for which there is no cost
 1430  to the person for admission to pari-mutuel events.
 1431         (c) A permitholder may issue tax-free passes to its
 1432  officers, officials, and employees and to or other persons
 1433  actually engaged in working at the racetrack, including
 1434  accredited media press representatives such as reporters and
 1435  editors, and may also issue tax-free passes to other
 1436  permitholders for the use of their officers and officials. The
 1437  permitholder shall file with the division a list of all persons
 1438  to whom tax-free passes are issued under this paragraph.
 1439         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
 1440  contributions to pari-mutuel pools, the aggregate of which is
 1441  hereinafter referred to as “handle,” on races or games conducted
 1442  by the permitholder. The tax is imposed daily and is based on
 1443  the total contributions to all pari-mutuel pools conducted
 1444  during the daily performance. If a permitholder conducts more
 1445  than one performance daily, the tax is imposed on each
 1446  performance separately.
 1447         (a) The tax on handle for quarter horse racing is 1.0
 1448  percent of the handle.
 1449         (b)1. The tax on handle for greyhound racing dogracing is
 1450  1.28 5.5 percent of the handle, except that for live charity
 1451  performances held pursuant to s. 550.0351, and for intertrack
 1452  wagering on such charity performances at a guest greyhound track
 1453  within the market area of the host, the tax is 7.6 percent of
 1454  the handle.
 1455         2. The tax on handle for jai alai is 7.1 percent of the
 1456  handle.
 1457         (c)1. The tax on handle for intertrack wagering is:
 1458         a.If the host track is a horse track, 2.0 percent of the
 1459  handle.
 1460         b. If the host track is a harness horse racetrack track,
 1461  3.3 percent of the handle.
 1462         c. If the host track is a greyhound racing harness track,
 1463  1.28 5.5 percent of the handle, to be remitted by the guest
 1464  track. if the host track is a dog track, and
 1465         d.If the host track is a jai alai fronton, 7.1 percent of
 1466  the handle if the host track is a jai alai fronton.
 1467         e.The tax on handle for intertrack wagering is 0.5
 1468  percent If the host track and the guest track are thoroughbred
 1469  racing permitholders or if the guest track is located outside
 1470  the market area of a the host track that is not a greyhound
 1471  racing track and within the market area of a thoroughbred racing
 1472  permitholder currently conducting a live race meet, 0.5 percent
 1473  of the handle.
 1474         f.The tax on handle For intertrack wagering on
 1475  rebroadcasts of simulcast thoroughbred horseraces, is 2.4
 1476  percent of the handle and 1.5 percent of the handle for
 1477  intertrack wagering on rebroadcasts of simulcast harness
 1478  horseraces, 1.5 percent of the handle.
 1479         2. The tax shall be deposited into the Pari-mutuel Wagering
 1480  Trust Fund.
 1481         3.2. The tax on handle for intertrack wagers accepted by
 1482  any greyhound racing dog track located in an area of the state
 1483  in which there are only three permitholders, all of which are
 1484  greyhound racing permitholders, located in three contiguous
 1485  counties, from any greyhound racing permitholder also located
 1486  within such area or any greyhound racing dog track or jai alai
 1487  fronton located as specified in s. 550.615(7) s. 550.615(6) or
 1488  (9), on races or games received from any jai alai the same class
 1489  of permitholder located within the same market area is 1.28 3.9
 1490  percent of the handle if the host facility is a greyhound racing
 1491  permitholder. and, If the host facility is a jai alai
 1492  permitholder, the tax is rate shall be 6.1 percent of the handle
 1493  until except that it shall be 2.3 percent on handle at such time
 1494  as the total tax on intertrack handle paid to the division by
 1495  the permitholder during the current state fiscal year exceeds
 1496  the total tax on intertrack handle paid to the division by the
 1497  permitholder during the 1992-1993 state fiscal year, in which
 1498  case the tax is 2.3 percent of the handle.
 1499         (d) Notwithstanding any other provision of this chapter, in
 1500  order to protect the Florida jai alai industry, effective July
 1501  1, 2000, a jai alai permitholder may not be taxed on live handle
 1502  at a rate higher than 2 percent.
 1503         (4) BREAKS TAX.—Effective October 1, 1996, each
 1504  permitholder conducting jai alai performances shall pay a tax
 1505  equal to the breaks. As used in this subsection, the term
 1506  “breaks” means the money that remains in each pari-mutuel pool
 1507  after funds are The “breaks” represents that portion of each
 1508  pari-mutuel pool which is not redistributed to the contributors
 1509  and commissions are or withheld by the permitholder as
 1510  commission.
 1511         (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1512  imposed by this section shall be paid to the division. The
 1513  division shall deposit such payments these sums with the Chief
 1514  Financial Officer, to the credit of the Pari-mutuel Wagering
 1515  Trust Fund, hereby established. The permitholder shall remit to
 1516  the division payment for the daily license fee, the admission
 1517  tax, the tax on handle, and the breaks tax. Such payments must
 1518  shall be remitted by 3 p.m. on Wednesday of each week for taxes
 1519  imposed and collected for the preceding week ending on Sunday.
 1520  Beginning on July 1, 2012, such payments must shall be remitted
 1521  by 3 p.m. on the 5th day of each calendar month for taxes
 1522  imposed and collected for the preceding calendar month. If the
 1523  5th day of the calendar month falls on a weekend, payments must
 1524  shall be remitted by 3 p.m. the first Monday following the
 1525  weekend. Permitholders shall file a report under oath by the 5th
 1526  day of each calendar month for all taxes remitted during the
 1527  preceding calendar month. Such payments must shall be
 1528  accompanied by a report under oath showing the total of all
 1529  admissions, the pari-mutuel wagering activities for the
 1530  preceding calendar month, and any such other information as may
 1531  be prescribed by the division.
 1532         (6) PENALTIES.—
 1533         (a) The failure of any permitholder to make payments as
 1534  prescribed in subsection (5) is a violation of this section, and
 1535  the permitholder may be subjected by the division may impose to
 1536  a civil penalty against the permitholder of up to $1,000 for
 1537  each day the tax payment is not remitted. All penalties imposed
 1538  and collected shall be deposited in the General Revenue Fund. If
 1539  a permitholder fails to pay penalties imposed by order of the
 1540  division under this subsection, the division may suspend or
 1541  revoke the license of the permitholder, cancel the permit of the
 1542  permitholder, or deny issuance of any further license or permit
 1543  to the permitholder.
 1544         (b) In addition to the civil penalty prescribed in
 1545  paragraph (a), any willful or wanton failure by any permitholder
 1546  to make payments of the daily license fee, admission tax, tax on
 1547  handle, or breaks tax constitutes sufficient grounds for the
 1548  division to suspend or revoke the license of the permitholder,
 1549  to cancel the permit of the permitholder, or to deny issuance of
 1550  any further license or permit to the permitholder.
 1551         Section 23. Section 550.09512, Florida Statutes, is amended
 1552  to read:
 1553         550.09512 Harness horse racing taxes; abandoned interest in
 1554  a permit for nonpayment of taxes.—
 1555         (1) Pari-mutuel wagering at harness horse racetracks in
 1556  this state is an important business enterprise, and taxes
 1557  derived therefrom constitute a part of the tax structure which
 1558  funds operation of the state. Harness horse racing permitholders
 1559  should pay their fair share of these taxes to the state. This
 1560  business interest should not be taxed to such an extent as to
 1561  cause any racetrack which is operated under sound business
 1562  principles to be forced out of business. Due to the need to
 1563  protect the public health, safety, and welfare, the gaming laws
 1564  of the state provide for the harness horse racing industry to be
 1565  highly regulated and taxed. The state recognizes that there
 1566  exist identifiable differences between harness horse racing
 1567  permitholders based upon their ability to operate under such
 1568  regulation and tax system.
 1569         (2)(a) The tax on handle for live harness horse racing
 1570  performances is 0.5 percent of handle per performance.
 1571         (b) For purposes of this section, the term “handle” shall
 1572  have the same meaning as in s. 550.0951, and shall not include
 1573  handle from intertrack wagering.
 1574         (3)(a) The division shall revoke the permit of a harness
 1575  horse racing permitholder that who does not pay the tax due on
 1576  handle for live harness horse racing performances for a full
 1577  schedule of live races for more than 24 consecutive months
 1578  during any 2 consecutive state fiscal years shall be void and
 1579  shall escheat to and become the property of the state unless
 1580  such failure to operate and pay tax on handle was the direct
 1581  result of fire, strike, war, or other disaster or event beyond
 1582  the ability of the permitholder to control. Financial hardship
 1583  to the permitholder does shall not, in and of itself, constitute
 1584  just cause for failure to operate and pay tax on handle. A
 1585  permit revoked under this subsection is void and may not be
 1586  reissued.
 1587         (b)In order to maximize the tax revenues to the state, the
 1588  division shall reissue an escheated harness horse permit to a
 1589  qualified applicant pursuant to the provisions of this chapter
 1590  as for the issuance of an initial permit. However, the
 1591  provisions of this chapter relating to referendum requirements
 1592  for a pari-mutuel permit shall not apply to the reissuance of an
 1593  escheated harness horse permit. As specified in the application
 1594  and upon approval by the division of an application for the
 1595  permit, the new permitholder shall be authorized to operate a
 1596  harness horse facility anywhere in the same county in which the
 1597  escheated permit was authorized to be operated, notwithstanding
 1598  the provisions of s. 550.054(2) relating to mileage limitations.
 1599         (4) In the event that a court of competent jurisdiction
 1600  determines any of the provisions of this section to be
 1601  unconstitutional, it is the intent of the Legislature that the
 1602  provisions contained in this section shall be null and void and
 1603  that the provisions of s. 550.0951 shall apply to all harness
 1604  horse racing permitholders beginning on the date of such
 1605  judicial determination. To this end, the Legislature declares
 1606  that it would not have enacted any of the provisions of this
 1607  section individually and, to that end, expressly finds them not
 1608  to be severable.
 1609         Section 24. Section 550.09514, Florida Statutes, is amended
 1610  to read:
 1611         550.09514 Greyhound racing dogracing taxes; purse
 1612  requirements.—
 1613         (1)Wagering on greyhound racing is subject to a tax on
 1614  handle for live greyhound racing as specified in s. 550.0951(3).
 1615  However, each permitholder shall pay no tax on handle until such
 1616  time as this subsection has resulted in a tax savings per state
 1617  fiscal year of $360,000. Thereafter, each permitholder shall pay
 1618  the tax as specified in s. 550.0951(3) on all handle for the
 1619  remainder of the permitholder’s current race meet. For the three
 1620  permitholders that conducted a full schedule of live racing in
 1621  1995, and are closest to another state that authorizes greyhound
 1622  pari-mutuel wagering, the maximum tax savings per state fiscal
 1623  year shall be $500,000. The provisions of this subsection
 1624  relating to tax exemptions shall not apply to any charity or
 1625  scholarship performances conducted pursuant to s. 550.0351.
 1626         (1)(2)(a) The division shall determine for each greyhound
 1627  racing permitholder the annual purse percentage rate of live
 1628  handle for the state fiscal year 1993-1994 by dividing total
 1629  purses paid on live handle by the permitholder, exclusive of
 1630  payments made from outside sources, during the 1993-1994 state
 1631  fiscal year by the permitholder’s live handle for the 1993-1994
 1632  state fiscal year. A greyhound racing Each permitholder
 1633  conducting live racing during a fiscal year shall pay as purses
 1634  for such live races conducted during its current race meet a
 1635  percentage of its live handle not less than the percentage
 1636  determined under this paragraph, exclusive of payments made by
 1637  outside sources, for its 1993-1994 state fiscal year.
 1638         (b) Except as otherwise set forth herein, in addition to
 1639  the minimum purse percentage required by paragraph (a), each
 1640  greyhound racing permitholder conducting live racing during a
 1641  fiscal year shall pay as purses an annual amount of $60 for each
 1642  live race conducted equal to 75 percent of the daily license
 1643  fees paid by the greyhound racing each permitholder in for the
 1644  preceding 1994-1995 fiscal year. These This purse supplement
 1645  shall be disbursed weekly during the permitholder’s race meet in
 1646  an amount determined by dividing the annual purse supplement by
 1647  the number of performances approved for the permitholder
 1648  pursuant to its annual license and multiplying that amount by
 1649  the number of performances conducted each week. For the
 1650  greyhound permitholders in the county where there are two
 1651  greyhound permitholders located as specified in s. 550.615(6),
 1652  such permitholders shall pay in the aggregate an amount equal to
 1653  75 percent of the daily license fees paid by such permitholders
 1654  for the 1994-1995 fiscal year. These permitholders shall be
 1655  jointly and severally liable for such purse payments. The
 1656  additional purses provided by this paragraph must be used
 1657  exclusively for purses other than stakes and disbursed weekly
 1658  during the permitholder’s race meet. The division shall conduct
 1659  audits necessary to ensure compliance with this section.
 1660         (c)1. Each greyhound racing permitholder, when conducting
 1661  at least three live performances during any week, shall pay
 1662  purses in that week on wagers it accepts as a guest track on
 1663  intertrack and simulcast greyhound races at the same rate as it
 1664  pays on live races. Each greyhound racing permitholder, when
 1665  conducting at least three live performances during any week,
 1666  shall pay purses in that week, at the same rate as it pays on
 1667  live races, on wagers accepted on greyhound races at a guest
 1668  track that which is not conducting live racing and is located
 1669  within the same market area as the greyhound racing permitholder
 1670  conducting at least three live performances during any week.
 1671         2. Each host greyhound racing permitholder shall pay purses
 1672  on its simulcast and intertrack broadcasts of greyhound races to
 1673  guest facilities that are located outside its market area in an
 1674  amount equal to one quarter of an amount determined by
 1675  subtracting the transmission costs of sending the simulcast or
 1676  intertrack broadcasts from an amount determined by adding the
 1677  fees received for greyhound simulcast races plus 3 percent of
 1678  the greyhound intertrack handle at guest facilities that are
 1679  located outside the market area of the host and that paid
 1680  contractual fees to the host for such broadcasts of greyhound
 1681  races.
 1682         (d) The division shall require sufficient documentation
 1683  from each greyhound racing permitholder regarding purses paid on
 1684  live racing to assure that the annual purse percentage rates
 1685  paid by each greyhound racing permitholder conducting on the
 1686  live races are not reduced below those paid during the 1993-1994
 1687  state fiscal year. The division shall require sufficient
 1688  documentation from each greyhound racing permitholder to assure
 1689  that the purses paid by each permitholder on the greyhound
 1690  intertrack and simulcast broadcasts are in compliance with the
 1691  requirements of paragraph (c).
 1692         (e) In addition to the purse requirements of paragraphs
 1693  (a)-(c), each greyhound racing permitholder conducting live
 1694  races shall pay as purses an amount equal to one-third of the
 1695  amount of the tax reduction on live and simulcast handle
 1696  applicable to such permitholder as a result of the reductions in
 1697  tax rates provided by s. 6, chapter 2000-354, Laws of Florida
 1698  this act through the amendments to s. 550.0951(3). With respect
 1699  to intertrack wagering when the host and guest tracks are
 1700  greyhound racing permitholders not within the same market area,
 1701  an amount equal to the tax reduction applicable to the guest
 1702  track handle as a result of the reduction in tax rate provided
 1703  by s. 6, chapter 2000-354, Laws of Florida, this act through the
 1704  amendment to s. 550.0951(3) shall be distributed to the guest
 1705  track, one-third of which amount shall be paid as purses at the
 1706  guest track. However, if the guest track is a greyhound racing
 1707  permitholder within the market area of the host or if the guest
 1708  track is not a greyhound racing permitholder, an amount equal to
 1709  such tax reduction applicable to the guest track handle shall be
 1710  retained by the host track, one-third of which amount shall be
 1711  paid as purses at the host track. These purse funds shall be
 1712  disbursed in the week received if the permitholder conducts at
 1713  least one live performance during that week. If the permitholder
 1714  does not conduct at least one live performance during the week
 1715  in which the purse funds are received, the purse funds shall be
 1716  disbursed weekly during the permitholder’s next race meet in an
 1717  amount determined by dividing the purse amount by the number of
 1718  performances approved for the permitholder pursuant to its
 1719  annual license, and multiplying that amount by the number of
 1720  performances conducted each week. The division shall conduct
 1721  audits necessary to ensure compliance with this paragraph.
 1722         (f) Each greyhound racing permitholder conducting live
 1723  racing shall, during the permitholder’s race meet, supply kennel
 1724  operators and the Division of Pari-Mutuel Wagering with a weekly
 1725  report showing purses paid on live greyhound races and all
 1726  greyhound intertrack and simulcast broadcasts, including both as
 1727  a guest and a host together with the handle or commission
 1728  calculations on which such purses were paid and the transmission
 1729  costs of sending the simulcast or intertrack broadcasts, so that
 1730  the kennel operators may determine statutory and contractual
 1731  compliance.
 1732         (g) Each greyhound racing permitholder conducting live
 1733  racing shall make direct payment of purses to the greyhound
 1734  owners who have filed with such permitholder appropriate federal
 1735  taxpayer identification information based on the percentage
 1736  amount agreed upon between the kennel operator and the greyhound
 1737  owner.
 1738         (h) At the request of a majority of kennel operators under
 1739  contract with a greyhound racing permitholder conducting live
 1740  racing, the permitholder shall make deductions from purses paid
 1741  to each kennel operator electing such deduction and shall make a
 1742  direct payment of such deductions to the local association of
 1743  greyhound kennel operators formed by a majority of kennel
 1744  operators under contract with the permitholder. The amount of
 1745  the deduction shall be at least 1 percent of purses, as
 1746  determined by the local association of greyhound kennel
 1747  operators. No Deductions may not be taken pursuant to this
 1748  paragraph without a kennel operator’s specific approval before
 1749  or after May 24, 1998 the effective date of this act.
 1750         (2)(3)As used in For the purpose of this section, the term
 1751  “live handle” means the handle from wagers placed at the
 1752  permitholder’s establishment on the live greyhound races
 1753  conducted at the permitholder’s establishment.
 1754         Section 25. Section 550.09515, Florida Statutes, is amended
 1755  to read:
 1756         550.09515 Thoroughbred racing horse taxes; abandoned
 1757  interest in a permit for nonpayment of taxes.—
 1758         (1) Pari-mutuel wagering at thoroughbred horse racetracks
 1759  in this state is an important business enterprise, and taxes
 1760  derived therefrom constitute a part of the tax structure which
 1761  funds operation of the state. Thoroughbred horse permitholders
 1762  should pay their fair share of these taxes to the state. This
 1763  business interest should not be taxed to such an extent as to
 1764  cause any racetrack which is operated under sound business
 1765  principles to be forced out of business. Due to the need to
 1766  protect the public health, safety, and welfare, the gaming laws
 1767  of the state provide for the thoroughbred horse industry to be
 1768  highly regulated and taxed. The state recognizes that there
 1769  exist identifiable differences between thoroughbred horse
 1770  permitholders based upon their ability to operate under such
 1771  regulation and tax system and at different periods during the
 1772  year.
 1773         (2)(a) The tax on handle for live thoroughbred horserace
 1774  performances shall be 0.5 percent.
 1775         (b) For purposes of this section, the term “handle” shall
 1776  have the same meaning as in s. 550.0951, and shall not include
 1777  handle from intertrack wagering.
 1778         (3)(a) The division shall revoke the permit of a
 1779  thoroughbred racing horse permitholder that who does not pay the
 1780  tax due on handle for live thoroughbred horse performances for a
 1781  full schedule of live races for more than 24 consecutive months
 1782  during any 2 consecutive state fiscal years shall be void and
 1783  shall escheat to and become the property of the state unless
 1784  such failure to operate and pay tax on handle was the direct
 1785  result of fire, strike, war, or other disaster or event beyond
 1786  the ability of the permitholder to control. Financial hardship
 1787  to the permitholder does shall not, in and of itself, constitute
 1788  just cause for failure to operate and pay tax on handle. A
 1789  permit revoked under this subsection is void and may not be
 1790  reissued.
 1791         (b)In order to maximize the tax revenues to the state, the
 1792  division shall reissue an escheated thoroughbred horse permit to
 1793  a qualified applicant pursuant to the provisions of this chapter
 1794  as for the issuance of an initial permit. However, the
 1795  provisions of this chapter relating to referendum requirements
 1796  for a pari-mutuel permit shall not apply to the reissuance of an
 1797  escheated thoroughbred horse permit. As specified in the
 1798  application and upon approval by the division of an application
 1799  for the permit, the new permitholder shall be authorized to
 1800  operate a thoroughbred horse facility anywhere in the same
 1801  county in which the escheated permit was authorized to be
 1802  operated, notwithstanding the provisions of s. 550.054(2)
 1803  relating to mileage limitations.
 1804         (4) In the event that a court of competent jurisdiction
 1805  determines any of the provisions of this section to be
 1806  unconstitutional, it is the intent of the Legislature that the
 1807  provisions contained in this section shall be null and void and
 1808  that the provisions of s. 550.0951 shall apply to all
 1809  thoroughbred racing horse permitholders beginning on the date of
 1810  such judicial determination. To this end, the Legislature
 1811  declares that it would not have enacted any of the provisions of
 1812  this section individually and, to that end, expressly finds them
 1813  not to be severable.
 1814         (5) Notwithstanding the provisions of s. 550.0951(3)(c),
 1815  the tax on handle for intertrack wagering on rebroadcasts of
 1816  simulcast horseraces is 2.4 percent of the handle; provided
 1817  however, that if the guest track is a thoroughbred track located
 1818  more than 35 miles from the host track, the host track shall pay
 1819  a tax of .5 percent of the handle, and additionally the host
 1820  track shall pay to the guest track 1.9 percent of the handle to
 1821  be used by the guest track solely for purses. The tax shall be
 1822  deposited into the Pari-mutuel Wagering Trust Fund.
 1823         (6) A credit equal to the amount of contributions made by a
 1824  thoroughbred racing permitholder during the taxable year
 1825  directly to the Jockeys’ Guild or its health and welfare fund to
 1826  be used to provide health and welfare benefits for active,
 1827  disabled, and retired Florida jockeys and their dependents
 1828  pursuant to reasonable rules of eligibility established by the
 1829  Jockeys’ Guild is allowed against taxes on live handle due for a
 1830  taxable year under this section. A thoroughbred racing
 1831  permitholder may not receive a credit greater than an amount
 1832  equal to 1 percent of its paid taxes for the previous taxable
 1833  year.
 1834         (7) If a thoroughbred racing permitholder fails to operate
 1835  all performances on its 2001-2002 license, failure to pay tax on
 1836  handle for a full schedule of live races for those performances
 1837  in the 2001-2002 fiscal year does not constitute failure to pay
 1838  taxes on handle for a full schedule of live races in a fiscal
 1839  year for the purposes of subsection (3). This subsection may not
 1840  be construed as forgiving a thoroughbred racing permitholder
 1841  from paying taxes on performances conducted at its facility
 1842  pursuant to its 2001-2002 license other than for failure to
 1843  operate all performances on its 2001-2002 license. This
 1844  subsection expires July 1, 2003.
 1845         Section 26. Section 550.1625, Florida Statutes, is amended
 1846  to read:
 1847         550.1625 Greyhound racing dogracing; taxes.—
 1848         (1) The operation of a greyhound racing dog track and
 1849  legalized pari-mutuel betting at greyhound racing dog tracks in
 1850  this state is a privilege and is an operation that requires
 1851  strict supervision and regulation in the best interests of the
 1852  state. Pari-mutuel wagering at greyhound racing dog tracks in
 1853  this state is a substantial business, and taxes derived
 1854  therefrom constitute part of the tax structures of the state and
 1855  the counties. The operators of greyhound racing dog tracks
 1856  should pay their fair share of taxes to the state; at the same
 1857  time, this substantial business interest should not be taxed to
 1858  such an extent as to cause a track that is operated under sound
 1859  business principles to be forced out of business.
 1860         (2) A permitholder that conducts a greyhound race dograce
 1861  meet under this chapter must pay the daily license fee, the
 1862  admission tax, the breaks tax, and the tax on pari-mutuel handle
 1863  as provided in s. 550.0951 and is subject to all penalties and
 1864  sanctions provided in s. 550.0951(6).
 1865         Section 27. Section 550.1647, Florida Statutes, is
 1866  repealed.
 1867         Section 28. Section 550.1648, Florida Statutes, is amended
 1868  to read:
 1869         550.1648 Greyhound adoptions.—
 1870         (1)A greyhound racing Each dogracing permitholder that
 1871  conducts live racing at operating a greyhound racing dogracing
 1872  facility in this state shall provide for a greyhound adoption
 1873  booth to be located at the facility.
 1874         (1)(a) The greyhound adoption booth must be operated on
 1875  weekends by personnel or volunteers from a bona fide
 1876  organization that promotes or encourages the adoption of
 1877  greyhounds pursuant to s. 550.1647. Such bona fide organization,
 1878  as a condition of adoption, must provide sterilization of
 1879  greyhounds by a licensed veterinarian before relinquishing
 1880  custody of the greyhound to the adopter. The fee for
 1881  sterilization may be included in the cost of adoption. As used
 1882  in this section, the term “weekend” includes the hours during
 1883  which live greyhound racing is conducted on Friday, Saturday, or
 1884  Sunday, and the term “bona fide organization that promotes or
 1885  encourages the adoption of greyhounds” means an organization
 1886  that provides evidence of compliance with chapter 496 and
 1887  possesses a valid exemption from federal taxation issued by the
 1888  Internal Revenue Service. Information pamphlets and application
 1889  forms shall be provided to the public upon request.
 1890         (b)In addition, The kennel operator or owner shall notify
 1891  the permitholder that a greyhound is available for adoption and
 1892  the permitholder shall provide information concerning the
 1893  adoption of a greyhound in each race program and shall post
 1894  adoption information at conspicuous locations throughout the
 1895  greyhound racing dogracing facility. Any greyhound that is
 1896  participating in a race and that will be available for future
 1897  adoption must be noted in the race program. The permitholder
 1898  shall allow greyhounds to be walked through the track facility
 1899  to publicize the greyhound adoption program.
 1900         (2) In addition to the charity days authorized under s.
 1901  550.0351, a greyhound racing permitholder may fund the greyhound
 1902  adoption program by holding a charity racing day designated as
 1903  “Greyhound Adopt-A-Pet Day.” All profits derived from the
 1904  operation of the charity day must be placed into a fund used to
 1905  support activities at the racing facility which promote the
 1906  adoption of greyhounds. The division may adopt rules for
 1907  administering the fund. Proceeds from the charity day authorized
 1908  in this subsection may not be used as a source of funds for the
 1909  purposes set forth in s. 550.1647.
 1910         (3)(a) Upon a violation of this section by a permitholder
 1911  or licensee, the division may impose a penalty as provided in s.
 1912  550.0251(10) and require the permitholder to take corrective
 1913  action.
 1914         (b) A penalty imposed under s. 550.0251(10) does not
 1915  exclude a prosecution for cruelty to animals or for any other
 1916  criminal act.
 1917         Section 29. Section 550.1752, Florida Statutes, is created
 1918  to read:
 1919         550.1752 Permit reduction program.—
 1920         (1) The permit reduction program is created in the Division
 1921  of Pari-mutuel Wagering for the purpose of purchasing and
 1922  cancelling active pari-mutuel permits. The program shall be
 1923  funded from revenue share payments made by the Seminole Tribe of
 1924  Florida under the compact ratified by s. 285.710(3) and received
 1925  by the state after October 31, 2015. Compact payments payable
 1926  for the program shall be calculated on a monthly basis until
 1927  such time as the division determines that sufficient funds are
 1928  available to fund the program. The total funding allocated to
 1929  the program may not exceed $20 million.
 1930         (2) The division shall purchase pari-mutuel permits from
 1931  pari-mutuel permitholders when sufficient moneys are available
 1932  for such purchases. A pari-mutuel permitholder may not submit an
 1933  offer to sell a permit unless it is actively conducting pari
 1934  mutuel racing or jai alai as required by law and satisfies all
 1935  applicable requirements for the permit. The division shall adopt
 1936  by rule the form to be used by a pari-mutuel permitholder for an
 1937  offer to sell a permit and shall establish a schedule for the
 1938  consideration of offers.
 1939         (3) The division shall establish the value of a pari-mutuel
 1940  permit based upon the valuation of one or more independent
 1941  appraisers selected by the division. The valuation of a permit
 1942  must be based on the permit’s fair market value and may not
 1943  include the value of the real estate or personal property. The
 1944  division may establish a value for the permit that is lower than
 1945  the amount determined by an independent appraiser but may not
 1946  establish a higher value.
 1947         (4) The division must accept the offer or offers that best
 1948  utilize available funding; however, the division may also accept
 1949  the offers that it determines are most likely to reduce the
 1950  incidence of gaming in this state.
 1951         (5) The division shall cancel any permit purchased under
 1952  this section.
 1953         (6) This section expires on July 1, 2019, unless reenacted
 1954  by the Legislature.
 1955         Section 30. Section 550.1753, Florida Statutes, is created
 1956  to read:
 1957         550.1753 Thoroughbred purse supplement program.—
 1958         (1) Effective July 1, 2019, the thoroughbred purse
 1959  supplement program is created in the Division of Pari-mutuel
 1960  Wagering for the purpose of maintaining an active and viable
 1961  live thoroughbred racing, owning, and breeding industry in the
 1962  state. The program shall be funded from revenue share payments
 1963  made by the Seminole Tribe of Florida under the compact ratified
 1964  by s. 285.710(3) and received by the state after July 1, 2019.
 1965  Compact payments payable for the program shall be calculated on
 1966  a monthly basis until such time as the division determines that
 1967  sufficient funds are available to fund the program. The total
 1968  annual funding allocated to the program is $20 million.
 1969         (2) The division shall adopt by rule the form to be used by
 1970  a pari-mutuel permitholder for applying to receive purse
 1971  assistance from the program to be used to supplement purses for
 1972  its live racing meet.
 1973         (3) The division shall distribute the purse supplement
 1974  funds on a pro rata basis based upon the number of live race
 1975  days to be conducted by each thoroughbred permitholder pursuant
 1976  to its annual racing license.
 1977         (4) If a thoroughbred permitholder fails to conduct a live
 1978  race day, the thoroughbred permitholder must return the unused
 1979  purse supplement fund allocated for that day, and the division
 1980  shall reapportion the allocation of purse supplement funds to
 1981  the remaining race days to be conducted during the state fiscal
 1982  year by that thoroughbred permitholder.
 1983         (5) The division may adopt rules necessary to implement
 1984  this section.
 1985         (6) This section expires June 30, 2036.
 1986         Section 31. Section 550.2416, Florida Statutes, is created
 1987  to read:
 1988         550.2416Reporting of racing greyhound injuries.—
 1989         (1)An injury to a racing greyhound which occurs while the
 1990  greyhound is located in this state must be reported on a form
 1991  adopted by the division within 7 days after the date on which
 1992  the injury occurred or is believed to have occurred. The
 1993  division may adopt rules defining the term “injury.”
 1994         (2)The form shall be completed and signed under oath or
 1995  affirmation by the:
 1996         (a)Racetrack veterinarian or director of racing, if the
 1997  injury occurred at the racetrack facility; or
 1998         (b)Owner, trainer, or kennel operator who had knowledge of
 1999  the injury, if the injury occurred at a location other than the
 2000  racetrack facility, including during transportation.
 2001         (3)The division may fine, suspend, or revoke the license
 2002  of any individual who knowingly violates this section.
 2003         (4)The form must include the following:
 2004         (a)The greyhound’s registered name, right-ear and left-ear
 2005  tattoo numbers, and, if any, the microchip manufacturer and
 2006  number.
 2007         (b)The name, business address, and telephone number of the
 2008  greyhound owner, the trainer, and the kennel operator.
 2009         (c)The color, weight, and sex of the greyhound.
 2010         (d)The specific type and bodily location of the injury,
 2011  the cause of the injury, and the estimated recovery time from
 2012  the injury.
 2013         (e)If the injury occurred when the greyhound was racing:
 2014         1.The racetrack where the injury occurred;
 2015         2.The distance, grade, race, and post position of the
 2016  greyhound when the injury occurred; and
 2017         3.The weather conditions, time, and track conditions when
 2018  the injury occurred.
 2019         (f)If the injury occurred when the greyhound was not
 2020  racing:
 2021         1.The location where the injury occurred, including, but
 2022  not limited to, a kennel, a training facility, or a
 2023  transportation vehicle; and
 2024         2.The circumstances surrounding the injury.
 2025         (g)Other information that the division determines is
 2026  necessary to identify injuries to racing greyhounds in this
 2027  state.
 2028         (5)An injury form created pursuant to this section must be
 2029  maintained as a public record by the division for at least 7
 2030  years after the date it was received.
 2031         (6)A licensee of the department who knowingly makes a
 2032  false statement concerning an injury or fails to report an
 2033  injury is subject to disciplinary action under this chapter or
 2034  chapters 455 and 474.
 2035         (7)This section does not apply to injuries to a service
 2036  animal, personal pet, or greyhound that has been adopted as a
 2037  pet.
 2038         (8)The division shall adopt rules to implement this
 2039  section.
 2040         Section 32. Subsection (1) of section 550.26165, Florida
 2041  Statutes, is amended to read:
 2042         550.26165 Breeders’ awards.—
 2043         (1) The purpose of this section is to encourage the
 2044  agricultural activity of breeding and training racehorses in
 2045  this state. Moneys dedicated in this chapter for use as
 2046  breeders’ awards and stallion awards are to be used for awards
 2047  to breeders of registered Florida-bred horses winning horseraces
 2048  and for similar awards to the owners of stallions who sired
 2049  Florida-bred horses winning stakes races, if the stallions are
 2050  registered as Florida stallions standing in this state. Such
 2051  awards shall be given at a uniform rate to all winners of the
 2052  awards, may shall not be greater than 20 percent of the
 2053  announced gross purse, and may shall not be less than 15 percent
 2054  of the announced gross purse if funds are available. In
 2055  addition, at least no less than 17 percent, but not nor more
 2056  than 40 percent, as determined by the Florida Thoroughbred
 2057  Breeders’ Association, of the moneys dedicated in this chapter
 2058  for use as breeders’ awards and stallion awards for
 2059  thoroughbreds shall be returned pro rata to the permitholders
 2060  that generated the moneys for special racing awards to be
 2061  distributed by the permitholders to owners of thoroughbred
 2062  horses participating in prescribed thoroughbred stakes races,
 2063  nonstakes races, or both, all in accordance with a written
 2064  agreement establishing the rate, procedure, and eligibility
 2065  requirements for such awards entered into by the permitholder,
 2066  the Florida Thoroughbred Breeders’ Association, and the Florida
 2067  Horsemen’s Benevolent and Protective Association, Inc., except
 2068  that the plan for the distribution by any permitholder located
 2069  in the area described in s. 550.615(7) s. 550.615(9) shall be
 2070  agreed upon by that permitholder, the Florida Thoroughbred
 2071  Breeders’ Association, and the association representing a
 2072  majority of the thoroughbred racehorse owners and trainers at
 2073  that location. Awards for thoroughbred races are to be paid
 2074  through the Florida Thoroughbred Breeders’ Association, and
 2075  awards for standardbred races are to be paid through the Florida
 2076  Standardbred Breeders and Owners Association. Among other
 2077  sources specified in this chapter, moneys for thoroughbred
 2078  breeders’ awards will come from the 0.955 percent of handle for
 2079  thoroughbred races conducted, received, broadcast, or simulcast
 2080  under this chapter as provided in s. 550.2625(3). The moneys for
 2081  quarter horse and harness breeders’ awards will come from the
 2082  breaks and uncashed tickets on live quarter horse and harness
 2083  horse racing performances and 1 percent of handle on intertrack
 2084  wagering. The funds for these breeders’ awards shall be paid to
 2085  the respective breeders’ associations by the permitholders
 2086  conducting the races.
 2087         Section 33. Section 550.3345, Florida Statutes, is amended
 2088  to read:
 2089         550.3345 Conversion of quarter horse permit to a Limited
 2090  thoroughbred racing permit.—
 2091         (1) In recognition of the important and long-standing
 2092  economic contribution of the thoroughbred horse breeding
 2093  industry to this state and the state’s vested interest in
 2094  promoting the continued viability of this agricultural activity,
 2095  the state intends to provide a limited opportunity for the
 2096  conduct of live thoroughbred horse racing with the net revenues
 2097  from such racing dedicated to the enhancement of thoroughbred
 2098  purses and breeders’, stallion, and special racing awards under
 2099  this chapter; the general promotion of the thoroughbred horse
 2100  breeding industry; and the care in this state of thoroughbred
 2101  horses retired from racing.
 2102         (2) A limited thoroughbred racing permit previously
 2103  converted from Notwithstanding any other provision of law, the
 2104  holder of a quarter horse racing permit pursuant to chapter
 2105  2010-29, Laws of Florida, issued under s. 550.334 may only be
 2106  held by, within 1 year after the effective date of this section,
 2107  apply to the division for a transfer of the quarter horse racing
 2108  permit to a not-for-profit corporation formed under state law to
 2109  serve the purposes of the state as provided in subsection (1).
 2110  The board of directors of the not-for-profit corporation must be
 2111  composed comprised of 11 members, 4 of whom shall be designated
 2112  by the applicant, 4 of whom shall be designated by the Florida
 2113  Thoroughbred Breeders’ Association, and 3 of whom shall be
 2114  designated by the other 8 directors, with at least 1 of these 3
 2115  members being an authorized representative of another
 2116  thoroughbred racing permitholder in this state. A limited
 2117  thoroughbred racing The not-for-profit corporation shall submit
 2118  an application to the division for review and approval of the
 2119  transfer in accordance with s. 550.054. Upon approval of the
 2120  transfer by the division, and notwithstanding any other
 2121  provision of law to the contrary, the not-for-profit corporation
 2122  may, within 1 year after its receipt of the permit, request that
 2123  the division convert the quarter horse racing permit to a permit
 2124  authorizing the holder to conduct pari-mutuel wagering meets of
 2125  thoroughbred racing. Neither the transfer of the quarter horse
 2126  racing permit nor its conversion to a limited thoroughbred
 2127  permit shall be subject to the mileage limitation or the
 2128  ratification election as set forth under s. 550.054(2) or s.
 2129  550.0651. Upon receipt of the request for such conversion, the
 2130  division shall timely issue a converted permit. The converted
 2131  permit and the not-for-profit corporation are shall be subject
 2132  to the following requirements:
 2133         (a) All net revenues derived by the not-for-profit
 2134  corporation under the thoroughbred horse racing permit, after
 2135  the funding of operating expenses and capital improvements,
 2136  shall be dedicated to the enhancement of thoroughbred purses and
 2137  breeders’, stallion, and special racing awards under this
 2138  chapter; the general promotion of the thoroughbred horse
 2139  breeding industry; and the care in this state of thoroughbred
 2140  horses retired from racing.
 2141         (b) From December 1 through April 30, no live thoroughbred
 2142  racing may not be conducted under the permit on any day during
 2143  which another thoroughbred racing permitholder is conducting
 2144  live thoroughbred racing within 125 air miles of the not-for
 2145  profit corporation’s pari-mutuel facility unless the other
 2146  thoroughbred racing permitholder gives its written consent.
 2147         (c) After the conversion of the quarter horse racing permit
 2148  and the issuance of its initial license to conduct pari-mutuel
 2149  wagering meets of thoroughbred racing, the not-for-profit
 2150  corporation shall annually apply to the division for a license
 2151  pursuant to s. 550.5251.
 2152         (d) Racing under the permit may take place only at the
 2153  location for which the original quarter horse racing permit was
 2154  issued, which may be leased by the not-for-profit corporation
 2155  for that purpose; however, the not-for-profit corporation may,
 2156  without the conduct of any ratification election pursuant to s.
 2157  550.054(13) or s. 550.0651, move the location of the permit to
 2158  another location in the same county or counties, if a permit is
 2159  situated in such a manner that it is located in more than one
 2160  county, provided that such relocation is approved under the
 2161  zoning and land use regulations of the applicable county or
 2162  municipality.
 2163         (e) A limited thoroughbred racing No permit may not be
 2164  transferred converted under this section is eligible for
 2165  transfer to another person or entity.
 2166         (3) Unless otherwise provided in this section, after
 2167  conversion, the permit and the not-for-profit corporation shall
 2168  be treated under the laws of this state as a thoroughbred racing
 2169  permit and as a thoroughbred racing permitholder, respectively,
 2170  with the exception of ss. 550.054(9)(c) and (d) and s.
 2171  550.09515(3).
 2172         Section 34. Subsection (6) of section 550.3551, Florida
 2173  Statutes, is amended to read:
 2174         550.3551 Transmission of racing and jai alai information;
 2175  commingling of pari-mutuel pools.—
 2176         (6)(a) A maximum of 20 percent of the total number of races
 2177  on which wagers are accepted by a greyhound permitholder not
 2178  located as specified in s. 550.615(6) may be received from
 2179  locations outside this state. A permitholder may not conduct
 2180  fewer than eight live races or games on any authorized race day
 2181  except as provided in this subsection. A thoroughbred racing
 2182  permitholder may not conduct fewer than eight live races on any
 2183  race day without the written approval of the Florida
 2184  Thoroughbred Breeders’ Association and the Florida Horsemen’s
 2185  Benevolent and Protective Association, Inc., unless it is
 2186  determined by the department that another entity represents a
 2187  majority of the thoroughbred racehorse owners and trainers in
 2188  the state. A harness horse racing permitholder may conduct fewer
 2189  than eight live races on any authorized race day, except that
 2190  such permitholder must conduct a full schedule of live racing
 2191  during its race meet consisting of at least eight live races per
 2192  authorized race day for at least 100 days. Any harness horse
 2193  permitholder that during the preceding racing season conducted a
 2194  full schedule of live racing may, at any time during its current
 2195  race meet, receive full-card broadcasts of harness horse races
 2196  conducted at harness racetracks outside this state at the
 2197  harness track of the permitholder and accept wagers on such
 2198  harness races. With specific authorization from the division for
 2199  special racing events, a permitholder may conduct fewer than
 2200  eight live races or games when the permitholder also broadcasts
 2201  out-of-state races or games. The division may not grant more
 2202  than two such exceptions a year for a permitholder in any 12
 2203  month period, and those two exceptions may not be consecutive.
 2204         (b) Notwithstanding any other provision of this chapter,
 2205  any harness horse racing permitholder accepting broadcasts of
 2206  out-of-state harness horse races when such permitholder is not
 2207  conducting live races must make the out-of-state signal
 2208  available to all permitholders eligible to conduct intertrack
 2209  wagering and shall pay to guest tracks located as specified in
 2210  s. 550.6305(9)(d) ss. 550.615(6) and 550.6305(9)(d) 50 percent
 2211  of the net proceeds after taxes and fees to the out-of-state
 2212  host track on harness horse race wagers which they accept. A
 2213  harness horse racing permitholder shall be required to pay into
 2214  its purse account 50 percent of the net income retained by the
 2215  permitholder on account of wagering on the out-of-state
 2216  broadcasts received pursuant to this subsection. Nine-tenths of
 2217  a percent of all harness horse race wagering proceeds on the
 2218  broadcasts received pursuant to this subsection shall be paid to
 2219  the Florida Standardbred Breeders and Owners Association under
 2220  the provisions of s. 550.2625(4) for the purposes provided
 2221  therein.
 2222         Section 35. Section 550.475, Florida Statutes, is amended
 2223  to read:
 2224         550.475 Lease of pari-mutuel facilities by pari-mutuel
 2225  permitholders.—Holders of valid pari-mutuel permits for the
 2226  conduct of any jai alai games, dogracing, or thoroughbred and
 2227  standardbred horse racing in this state are entitled to lease
 2228  any and all of their facilities to any other holder of a same
 2229  class, valid pari-mutuel permit for jai alai games, dogracing,
 2230  or thoroughbred or standardbred horse racing, when they are
 2231  located within a 35-mile radius of each other,; and such lessee
 2232  is entitled to a permit and license to operate its race meet or
 2233  jai alai games at the leased premises. A permitholder may not
 2234  lease facilities from a pari-mutuel permitholder that is not
 2235  conducting a full schedule of live racing.
 2236         Section 36. Subsection (1) of section 550.5251, Florida
 2237  Statutes, is amended, and present subsections (2) and (3) of
 2238  that section are redesignated as subsections (1) and (2),
 2239  respectively, to read:
 2240         550.5251 Florida thoroughbred racing; certain permits;
 2241  operating days.—
 2242         (1) Each thoroughbred permitholder shall annually, during
 2243  the period commencing December 15 of each year and ending
 2244  January 4 of the following year, file in writing with the
 2245  division its application to conduct one or more thoroughbred
 2246  racing meetings during the thoroughbred racing season commencing
 2247  on the following July 1. Each application shall specify the
 2248  number and dates of all performances that the permitholder
 2249  intends to conduct during that thoroughbred racing season. On or
 2250  before March 15 of each year, the division shall issue a license
 2251  authorizing each permitholder to conduct performances on the
 2252  dates specified in its application. Up to February 28 of each
 2253  year, each permitholder may request and shall be granted changes
 2254  in its authorized performances; but thereafter, as a condition
 2255  precedent to the validity of its license and its right to retain
 2256  its permit, each permitholder must operate the full number of
 2257  days authorized on each of the dates set forth in its license.
 2258         Section 37. Subsections (2), (4), (6), and (7) of section
 2259  550.615, Florida Statutes, are amended, present subsections (8),
 2260  (9), and (10) of that section are redesignated as subsections
 2261  (6), (7), and (8), respectively, present subsection (9) of that
 2262  section is amended, and a new subsection (9) is added to that
 2263  section, to read:
 2264         550.615 Intertrack wagering.—
 2265         (2) A Any track or fronton licensed under this chapter
 2266  which has conducted a full schedule of live racing or games for
 2267  at least 5 consecutive calendar years since 2010 in the
 2268  preceding year conducted a full schedule of live racing is
 2269  qualified to, at any time, receive broadcasts of any class of
 2270  pari-mutuel race or game and accept wagers on such races or
 2271  games conducted by any class of permitholders licensed under
 2272  this chapter.
 2273         (4) An In no event shall any intertrack wager may not be
 2274  accepted on the same class of live races or games of any
 2275  permitholder without the written consent of such operating
 2276  permitholders conducting the same class of live races or games
 2277  if the guest track is within the market area of such operating
 2278  permitholder. A greyhound racing permitholder licensed under
 2279  this chapter which accepts intertrack wagers on live greyhound
 2280  signals is not required to obtain the written consent required
 2281  by this subsection from any operating greyhound racing
 2282  permitholder within its market area.
 2283         (6) Notwithstanding the provisions of subsection (3), in
 2284  any area of the state where there are three or more horserace
 2285  permitholders within 25 miles of each other, intertrack wagering
 2286  between permitholders in said area of the state shall only be
 2287  authorized under the following conditions: Any permitholder,
 2288  other than a thoroughbred permitholder, may accept intertrack
 2289  wagers on races or games conducted live by a permitholder of the
 2290  same class or any harness permitholder located within such area
 2291  and any harness permitholder may accept wagers on games
 2292  conducted live by any jai alai permitholder located within its
 2293  market area and from a jai alai permitholder located within the
 2294  area specified in this subsection when no jai alai permitholder
 2295  located within its market area is conducting live jai alai
 2296  performances; any greyhound or jai alai permitholder may receive
 2297  broadcasts of and accept wagers on any permitholder of the other
 2298  class provided that a permitholder, other than the host track,
 2299  of such other class is not operating a contemporaneous live
 2300  performance within the market area.
 2301         (7) In any county of the state where there are only two
 2302  permits, one for dogracing and one for jai alai, no intertrack
 2303  wager may be taken during the period of time when a permitholder
 2304  is not licensed to conduct live races or games without the
 2305  written consent of the other permitholder that is conducting
 2306  live races or games. However, if neither permitholder is
 2307  conducting live races or games, either permitholder may accept
 2308  intertrack wagers on horseraces or on the same class of races or
 2309  games, or on both horseraces and the same class of races or
 2310  games as is authorized by its permit.
 2311         (7)(9) In any two contiguous counties of the state in which
 2312  there are located only four active permits, one for thoroughbred
 2313  horse racing, two for greyhound racing dogracing, and one for
 2314  jai alai games, an no intertrack wager may not be accepted on
 2315  the same class of live races or games of any permitholder
 2316  without the written consent of such operating permitholders
 2317  conducting the same class of live races or games if the guest
 2318  track is within the market area of such operating permitholder.
 2319         (9) A greyhound racing permitholder that is eligible to
 2320  receive broadcasts pursuant to subsection (2) and is operating
 2321  pursuant to a current year operating license that specifies that
 2322  no live performances will be conducted may accept wagers on live
 2323  races conducted at out-of-state greyhound tracks only on the
 2324  days when the permitholder receives all live races that any
 2325  greyhound host track in this state makes available.
 2326         Section 38. Subsections (1), (4), and (5) of section
 2327  550.6308, Florida Statutes, are amended to read:
 2328         550.6308 Limited intertrack wagering license.—In
 2329  recognition of the economic importance of the thoroughbred
 2330  breeding industry to this state, its positive impact on tourism,
 2331  and of the importance of a permanent thoroughbred sales facility
 2332  as a key focal point for the activities of the industry, a
 2333  limited license to conduct intertrack wagering is established to
 2334  ensure the continued viability and public interest in
 2335  thoroughbred breeding in Florida.
 2336         (1) Upon application to the division on or before January
 2337  31 of each year, any person that is licensed to conduct public
 2338  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 2339  conducted at least 8 15 days of thoroughbred horse sales at a
 2340  permanent sales facility in this state for at least 3
 2341  consecutive years, and that has conducted at least 1 day of
 2342  nonwagering thoroughbred racing in this state, with a purse
 2343  structure of at least $250,000 per year for 2 consecutive years
 2344  before such application, shall be issued a license, subject to
 2345  the conditions set forth in this section, to conduct intertrack
 2346  wagering at such a permanent sales facility during the following
 2347  periods:
 2348         (a) Up to 21 days in connection with thoroughbred sales;
 2349         (b) Between November 1 and May 8;
 2350         (c) Between May 9 and October 31 at such times and on such
 2351  days as any thoroughbred, jai alai, or a greyhound permitholder
 2352  in the same county is not conducting live performances; provided
 2353  that any such permitholder may waive this requirement, in whole
 2354  or in part, and allow the licensee under this section to conduct
 2355  intertrack wagering during one or more of the permitholder’s
 2356  live performances; and
 2357         (d) During the weekend of the Kentucky Derby, the
 2358  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 2359  conducted before November 1 and after May 8.
 2360  
 2361  Only No more than one such license may be issued, and no such
 2362  license may be issued for a facility located within 50 miles of
 2363  any for-profit thoroughbred permitholder’s track.
 2364         (4) Intertrack wagering under this section may be conducted
 2365  only on thoroughbred horse racing, except that intertrack
 2366  wagering may be conducted on any class of pari-mutuel race or
 2367  game conducted by any class of permitholders licensed under this
 2368  chapter if all thoroughbred, jai alai, and greyhound
 2369  permitholders in the same county as the licensee under this
 2370  section give their consent.
 2371         (4)(5) The licensee shall be considered a guest track under
 2372  this chapter. The licensee shall pay 2.5 percent of the total
 2373  contributions to the daily pari-mutuel pool on wagers accepted
 2374  at the licensee’s facility on greyhound races or jai alai games
 2375  to the thoroughbred permitholder that is conducting live races
 2376  for purses to be paid during its current racing meet. If more
 2377  than one thoroughbred permitholder is conducting live races on a
 2378  day during which the licensee is conducting intertrack wagering
 2379  on greyhound races or jai alai games, the licensee shall
 2380  allocate these funds between the operating thoroughbred
 2381  permitholders on a pro rata basis based on the total live handle
 2382  at the operating permitholders’ facilities.
 2383         Section 39. Section 551.101, Florida Statutes, is amended
 2384  to read:
 2385         551.101 Slot machine gaming authorized.—A Any licensed
 2386  eligible pari-mutuel facility located in Miami-Dade County or
 2387  Broward County existing at the time of adoption of s. 23, Art. X
 2388  of the State Constitution that has conducted live racing or
 2389  games during calendar years 2002 and 2003 may possess slot
 2390  machines and conduct slot machine gaming at the location where
 2391  the pari-mutuel permitholder is authorized to conduct pari
 2392  mutuel wagering activities pursuant to such permitholder’s valid
 2393  pari-mutuel permit or at the location where a licensee is
 2394  authorized to conduct slot machine gaming pursuant to s.
 2395  551.1043 provided that a majority of voters in a countywide
 2396  referendum have approved slot machines at such facility in the
 2397  respective county. Notwithstanding any other provision of law,
 2398  it is not a crime for a person to participate in slot machine
 2399  gaming at a pari-mutuel facility licensed to possess slot
 2400  machines and conduct slot machine gaming or to participate in
 2401  slot machine gaming described in this chapter.
 2402         Section 40. Subsections (4), (10), and (11) of section
 2403  551.102, Florida Statutes, are amended to read:
 2404         551.102 Definitions.—As used in this chapter, the term:
 2405         (4) “Eligible facility” means any licensed pari-mutuel
 2406  facility or any facility authorized to conduct slot machine
 2407  gaming pursuant to s. 551.1043, which meets the requirements of
 2408  s. 551.104(2) located in Miami-Dade County or Broward County
 2409  existing at the time of adoption of s. 23, Art. X of the State
 2410  Constitution that has conducted live racing or games during
 2411  calendar years 2002 and 2003 and has been approved by a majority
 2412  of voters in a countywide referendum to have slot machines at
 2413  such facility in the respective county; any licensed pari-mutuel
 2414  facility located within a county as defined in s. 125.011,
 2415  provided such facility has conducted live racing for 2
 2416  consecutive calendar years immediately preceding its application
 2417  for a slot machine license, pays the required license fee, and
 2418  meets the other requirements of this chapter; or any licensed
 2419  pari-mutuel facility in any other county in which a majority of
 2420  voters have approved slot machines at such facilities in a
 2421  countywide referendum held pursuant to a statutory or
 2422  constitutional authorization after the effective date of this
 2423  section in the respective county, provided such facility has
 2424  conducted a full schedule of live racing for 2 consecutive
 2425  calendar years immediately preceding its application for a slot
 2426  machine license, pays the required licensed fee, and meets the
 2427  other requirements of this chapter.
 2428         (10) “Slot machine license” means a license issued by the
 2429  division authorizing a pari-mutuel permitholder or a licensee
 2430  authorized pursuant to s. 551.1043 to place and operate slot
 2431  machines as provided in by s. 23, Art. X of the State
 2432  Constitution, the provisions of this chapter, and by division
 2433  rule rules.
 2434         (11) “Slot machine licensee” means a pari-mutuel
 2435  permitholder or a licensee authorized pursuant to s. 551.1043
 2436  which who holds a license issued by the division pursuant to
 2437  this chapter which that authorizes such person to possess a slot
 2438  machine within facilities specified in s. 23, Art. X of the
 2439  State Constitution and allows slot machine gaming.
 2440         Section 41. Subsections (1) and (2), paragraph (c) of
 2441  subsection (4), and paragraphs (a) and (c) of subsection (10) of
 2442  section 551.104, Florida Statutes, are amended to read:
 2443         551.104 License to conduct slot machine gaming.—
 2444         (1) Upon application, and a finding by the division, after
 2445  investigation, that the application is complete and that the
 2446  applicant is qualified, and payment of the initial license fee,
 2447  the division may issue a license to conduct slot machine gaming
 2448  in the designated slot machine gaming area of the eligible
 2449  facility. Once licensed, slot machine gaming may be conducted
 2450  subject to the requirements of this chapter and rules adopted
 2451  pursuant thereto. The division may not issue a slot machine
 2452  license to any pari-mutuel permitholder that includes, or
 2453  previously included within its ownership group, an ultimate
 2454  equitable owner that was also an ultimate equitable owner of a
 2455  pari-mutuel permitholder whose permit was voluntarily or
 2456  involuntarily surrendered, suspended, or revoked by the division
 2457  within 10 years before the date of permitholder’s filing of an
 2458  application for a slot machine license.
 2459         (2) An application may be approved by the division only if:
 2460         (a) The facility at which the applicant seeks to operate
 2461  slot machines is:
 2462         1. A licensed pari-mutuel facility located in Miami-Dade
 2463  County or Broward County existing at the time of adoption of s.
 2464  23, Art. X of the State Constitution which conducted live racing
 2465  or games during calendar years 2002 and 2003, if such
 2466  permitholder pays the required license fee and meets the other
 2467  requirements of this chapter;
 2468         2.A licensed pari-mutuel facility in any county in which a
 2469  majority of voters have approved slot machines in a countywide
 2470  referendum, if such permitholder has conducted a full schedule
 2471  of live racing or games as defined in s. 550.002(11) for 2
 2472  consecutive calendar years immediately preceding its application
 2473  for a slot machine license, pays the required license fee, and
 2474  meets the other requirements of this chapter;
 2475         3.A facility at which a licensee is authorized to conduct
 2476  slot machine gaming pursuant to s. 551.1043, if such licensee
 2477  pays the required license fee and meets the other requirements
 2478  of this chapter; or
 2479         4.A licensed pari-mutuel facility, except for a pari
 2480  mutuel facility described in subparagraph 1., located on or
 2481  contiguous with property of the qualified project of a public
 2482  private partnership consummated between the permitholder and a
 2483  responsible public entity in accordance with s. 255.065 in a
 2484  county in which the referendum required pursuant to paragraph
 2485  (b) is conducted on or after January 1, 2018, and concurrently
 2486  with a general election, if such permitholder has conducted a
 2487  full schedule of live racing or games as defined in s.
 2488  550.002(11) for 2 consecutive calendar years immediately
 2489  preceding its application for a slot machine license; provided
 2490  that a license may be issued under this subparagraph only after
 2491  a comprehensive agreement has been executed pursuant to s.
 2492  255.065(7), and the Gaming Compact between the Seminole Tribe of
 2493  Florida and the State of Florida, as amended, and ratified and
 2494  approved pursuant to s. 285.710, as amended by this act, has
 2495  been amended to exclude slot machine gaming at such facility
 2496  from the exclusivity provided to the Seminole Tribe of Florida.
 2497         (b)after The voters of the county where the applicant’s
 2498  facility is located have authorized by referendum slot machines
 2499  within pari-mutuel facilities in that county as specified in s.
 2500  23, Art. X of the State Constitution.
 2501         (4) As a condition of licensure and to maintain continued
 2502  authority for the conduct of slot machine gaming, a the slot
 2503  machine licensee shall:
 2504         (c)1. If conducting live racing or games, conduct no fewer
 2505  than a full schedule of live racing or games as defined in s.
 2506  550.002(11). A permitholder’s responsibility to conduct a full
 2507  schedule such number of live races or games as defined in s.
 2508  550.002(11) shall be reduced by the number of races or games
 2509  that could not be conducted due to the direct result of fire,
 2510  war, hurricane, or other disaster or event beyond the control of
 2511  the permitholder. A permitholder may conduct live races or games
 2512  at another pari-mutuel facility pursuant to s. 550.475 if such
 2513  permitholder has operated its live races or games by lease for
 2514  at least 10 consecutive years immediately prior to the
 2515  permitholder’s application for a slot machine license; or
 2516         2. If not licensed to conduct a full schedule of live
 2517  racing or games as defined in s. 550.002(11), remit for the
 2518  payment of purses on live races an amount equal to the lesser of
 2519  $2 million or 3 percent of its slot machine revenues from the
 2520  previous state fiscal year to a slot machine licensee licensed
 2521  to conduct not fewer than 160 days of thoroughbred racing. If no
 2522  slot machine licensee is licensed for at least 160 days of live
 2523  thoroughbred racing, no payments for purses are required. A slot
 2524  machine licensee that meets the requirements of subsection (10)
 2525  shall receive a dollar-for-dollar credit to be applied toward
 2526  the payments required under this subparagraph which are made
 2527  pursuant to the binding agreement after the effective date of
 2528  this act. This subparagraph expires July 1, 2036.
 2529         (10)(a)1.A No slot machine license or renewal thereof may
 2530  not shall be issued to an applicant holding a permit under
 2531  chapter 550 to conduct pari-mutuel wagering meets of
 2532  thoroughbred racing unless the applicant has on file with the
 2533  division a binding written agreement between the applicant and
 2534  the Florida Horsemen’s Benevolent and Protective Association,
 2535  Inc., governing the payment of purses on live thoroughbred races
 2536  conducted at the licensee’s pari-mutuel facility. In addition, a
 2537  no slot machine license or renewal thereof may not shall be
 2538  issued to such an applicant unless the applicant has on file
 2539  with the division a binding written agreement between the
 2540  applicant and the Florida Thoroughbred Breeders’ Association,
 2541  Inc., governing the payment of breeders’, stallion, and special
 2542  racing awards on live thoroughbred races conducted at the
 2543  licensee’s pari-mutuel facility. The agreement governing purses
 2544  and the agreement governing awards may direct the payment of
 2545  such purses and awards from revenues generated by any wagering
 2546  or gaming the applicant is authorized to conduct under Florida
 2547  law. All purses and awards are shall be subject to the terms of
 2548  chapter 550. All sums for breeders’, stallion, and special
 2549  racing awards shall be remitted monthly to the Florida
 2550  Thoroughbred Breeders’ Association, Inc., for the payment of
 2551  awards subject to the administrative fee authorized in s.
 2552  550.2625(3). This paragraph does not apply to a summer
 2553  thoroughbred racing permitholder.
 2554         2. No slot machine license or renewal thereof shall be
 2555  issued to an applicant holding a permit under chapter 550 to
 2556  conduct pari-mutuel wagering meets of quarter horse racing
 2557  unless the applicant has on file with the division a binding
 2558  written agreement between the applicant and the Florida Quarter
 2559  Horse Racing Association or the association representing a
 2560  majority of the horse owners and trainers at the applicant’s
 2561  eligible facility, governing the payment of purses on live
 2562  quarter horse races conducted at the licensee’s pari-mutuel
 2563  facility. The agreement governing purses may direct the payment
 2564  of such purses from revenues generated by any wagering or gaming
 2565  the applicant is authorized to conduct under Florida law. All
 2566  purses shall be subject to the terms of chapter 550.
 2567         (c)1. If an agreement required under paragraph (a) cannot
 2568  be reached prior to the initial issuance of the slot machine
 2569  license, either party may request arbitration or, in the case of
 2570  a renewal, if an agreement required under paragraph (a) is not
 2571  in place 120 days prior to the scheduled expiration date of the
 2572  slot machine license, the applicant shall immediately ask the
 2573  American Arbitration Association to furnish a list of 11
 2574  arbitrators, each of whom shall have at least 5 years of
 2575  commercial arbitration experience and no financial interest in
 2576  or prior relationship with any of the parties or their
 2577  affiliated or related entities or principals. Each required
 2578  party to the agreement shall select a single arbitrator from the
 2579  list provided by the American Arbitration Association within 10
 2580  days of receipt, and the individuals so selected shall choose
 2581  one additional arbitrator from the list within the next 10 days.
 2582         2. If an agreement required under paragraph (a) is not in
 2583  place 60 days after the request under subparagraph 1. in the
 2584  case of an initial slot machine license or, in the case of a
 2585  renewal, 60 days prior to the scheduled expiration date of the
 2586  slot machine license, the matter shall be immediately submitted
 2587  to mandatory binding arbitration to resolve the disagreement
 2588  between the parties. The three arbitrators selected pursuant to
 2589  subparagraph 1. shall constitute the panel that shall arbitrate
 2590  the dispute between the parties pursuant to the American
 2591  Arbitration Association Commercial Arbitration Rules and chapter
 2592  682.
 2593         3. At the conclusion of the proceedings, which shall be no
 2594  later than 90 days after the request under subparagraph 1. in
 2595  the case of an initial slot machine license or, in the case of a
 2596  renewal, 30 days prior to the scheduled expiration date of the
 2597  slot machine license, the arbitration panel shall present to the
 2598  parties a proposed agreement that the majority of the panel
 2599  believes equitably balances the rights, interests, obligations,
 2600  and reasonable expectations of the parties. The parties shall
 2601  immediately enter into such agreement, which shall satisfy the
 2602  requirements of paragraph (a) and permit issuance of the pending
 2603  annual slot machine license or renewal. The agreement produced
 2604  by the arbitration panel under this subparagraph shall be
 2605  effective until the last day of the license or renewal period or
 2606  until the parties enter into a different agreement. Each party
 2607  shall pay its respective costs of arbitration and shall pay one
 2608  half of the costs of the arbitration panel, unless the parties
 2609  otherwise agree. If the agreement produced by the arbitration
 2610  panel under this subparagraph remains in place 120 days prior to
 2611  the scheduled issuance of the next annual license renewal, then
 2612  the arbitration process established in this paragraph will begin
 2613  again.
 2614         4. In the event that neither of the agreements required
 2615  under subparagraph (a)1. or the agreement required under
 2616  subparagraph (a)2. are not in place by the deadlines established
 2617  in this paragraph, arbitration regarding each agreement will
 2618  proceed independently, with separate lists of arbitrators,
 2619  arbitration panels, arbitration proceedings, and resulting
 2620  agreements.
 2621         5. With respect to the agreements required under paragraph
 2622  (a) governing the payment of purses, the arbitration and
 2623  resulting agreement called for under this paragraph shall be
 2624  limited to the payment of purses from slot machine revenues
 2625  only.
 2626         Section 42. Section 551.1042, Florida Statutes, is created
 2627  to read:
 2628         551.1042Transfer or relocation of slot machine license
 2629  prohibited.—A slot machine license issued under this chapter may
 2630  not be transferred or reissued when such reissuance is in the
 2631  nature of a transfer so as to permit or authorize a licensee to
 2632  change the location of a slot machine facility.
 2633         Section 43. Section 551.1043, Florida Statutes, is created
 2634  to read:
 2635         551.1043 Slot machine license to enhance live pari-mutuel
 2636  activity.—In recognition of the important and long-standing
 2637  economic contribution of the pari-mutuel industry to this state
 2638  and the state’s vested interest in the revenue generated from
 2639  that industry and in the interest of promoting the continued
 2640  viability of the important statewide agricultural activities
 2641  that the industry supports, the Legislature finds that it is in
 2642  the state’s interest to provide a limited opportunity for the
 2643  establishment of two additional slot machine licenses to be
 2644  awarded and renewed annually and located within Broward County
 2645  or a county as defined in s. 125.011.
 2646         (1)(a) Within 120 days after the effective date of this
 2647  act, any person who is not a slot machine licensee may apply to
 2648  the division pursuant to s. 551.104(1) for one of the two slot
 2649  machine licenses created by this section to be located in
 2650  Broward County or a county as defined in s. 125.011. No more
 2651  than one of such licenses may be awarded in each of those
 2652  counties. An applicant shall submit an application to the
 2653  division which satisfies the requirements of s. 550.054(3). Any
 2654  person prohibited from holding any horse racing or dogracing
 2655  permit or jai alai fronton permit pursuant to s. 550.1815 is
 2656  ineligible to apply for the additional slot machine license
 2657  created by this section.
 2658         (b) The application shall be accompanied by a nonrefundable
 2659  license application fee of $2 million. The license application
 2660  fee shall be deposited into the Pari-mutuel Wagering Trust Fund
 2661  of the Department of Business and Professional Regulation to be
 2662  used by the division and the Department of Law Enforcement for
 2663  investigations, the regulation of slot machine gaming, and the
 2664  enforcement of slot machine gaming under this chapter. In the
 2665  event of a successful award, the license application fee shall
 2666  be credited toward the license application fee required by s.
 2667  551.106.
 2668         (2) If there is more than one applicant for an additional
 2669  slot machine license, the division shall award such license to
 2670  the applicant that receives the highest score based on the
 2671  following criteria:
 2672         (a) The amount of slot machine revenues the applicant will
 2673  agree to dedicate to the enhancement of pari-mutuel purses and
 2674  breeders, stallion, and special racing or player awards to be
 2675  awarded to pari-mutuel activities conducted pursuant to chapter
 2676  550, in addition to those required pursuant to s.
 2677  551.104(4)(c)2. and s. 849.086(14)(d)2.;
 2678         (b) The amount of slot machine revenues the applicant will
 2679  agree to dedicate to the general promotion of the state’s pari
 2680  mutuel industry;
 2681         (c) The amount of slot machine revenues the applicant will
 2682  agree to dedicate to care provided in this state to injured or
 2683  retired animals, jockeys, or jai alai players;
 2684         (d) The projected amount by which the proposed slot machine
 2685  facility will increase tourism, generate jobs, provide revenue
 2686  to the local economy, and provide revenue to the state. The
 2687  applicant and its partners shall document their previous
 2688  experience in constructing premier facilities with high-quality
 2689  amenities which complement a local tourism industry;
 2690         (e) The financial history of the applicant and its
 2691  partners, including, but not limited to, any capital investments
 2692  in slot machine gaming and pari-mutuel facilities, and its bona
 2693  fide plan for future community involvement and financial
 2694  investment;
 2695         (f) The history of investment by the applicant and its
 2696  partners in the communities in which its previous developments
 2697  have been located;
 2698         (g) The ability to purchase and maintain a surety bond in
 2699  an amount established by the division to represent the projected
 2700  annual revenues generated by the proposed slot machine facility;
 2701         (h) The ability to demonstrate the financial wherewithal to
 2702  adequately capitalize, develop, construct, maintain, and operate
 2703  a proposed slot machine facility. The applicant must demonstrate
 2704  the ability to commit at least $100 million for hard costs
 2705  related to construction and development of the facility,
 2706  exclusive of the purchase price and costs associated with the
 2707  acquisition of real property and any impact fees. The applicant
 2708  must also demonstrate the ability to meet any projected secured
 2709  and unsecured debt obligations and to complete construction
 2710  within 2 years after receiving the award of the slot machine
 2711  license;
 2712         (i) The ability to implement a program to train and employ
 2713  residents of South Florida to work at the facility and contract
 2714  with local business owners for goods and services; and
 2715         (j) The ability of the applicant to generate, with its
 2716  partners, substantial gross gaming revenue following the award
 2717  of gaming licenses through a competitive bidding process.
 2718  
 2719  The division shall award additional points in the evaluation of
 2720  the applications for proposed projects located within a half
 2721  mile of two forms of public transportation in a designated
 2722  community redevelopment area or district.
 2723         (3)(a) Notwithstanding the timeframes established in s.
 2724  120.60, the division shall complete its evaluations at least 120
 2725  days after the submission of applications and shall notice its
 2726  intent to award each of the licenses within that timeframe.
 2727  Within 30 days after the submission of an application, the
 2728  division shall issue, if necessary, requests for additional
 2729  information or notices of deficiency to the applicant, who must
 2730  respond within 15 days. Failure to timely and sufficiently
 2731  respond to such requests or to correct identified deficiencies
 2732  is grounds for denial of the application.
 2733         (b) Any protest of an intent to award a license shall be
 2734  forwarded to the Division of Administrative Hearings, which
 2735  shall conduct an administrative hearing on the matter before an
 2736  administrative law judge at least 30 days after the notice of
 2737  intent to award. The administrative law judge shall issue a
 2738  proposed recommended order at least 30 days after the completion
 2739  of the final hearing. The division shall issue a final order at
 2740  least 15 days after receipt of the proposed recommended order.
 2741         (c) Any appeal of a license denial shall be made to the
 2742  First District Court of Appeal and must be accompanied by the
 2743  posting of a supersedeas bond in an amount determined by the
 2744  division to be equal to the amount of projected annual slot
 2745  machine revenue to be generated by the successful licensee.
 2746         (4) The division is authorized to adopt emergency rules
 2747  pursuant to s. 120.54 to implement this section. The Legislature
 2748  finds that such emergency rulemaking power is necessary for the
 2749  preservation of the rights and welfare of the people in order to
 2750  provide additional funds to benefit the public. The Legislature
 2751  further finds that the unique nature of the competitive award of
 2752  the slot machine license under this section requires that the
 2753  department respond as quickly as is practicable to implement
 2754  this section. Therefore, in adopting such emergency rules, the
 2755  division is exempt from s. 120.54(4)(a). Emergency rules adopted
 2756  under this section are exempt from s. 120.54(4)(c) and shall
 2757  remain in effect until replaced by other emergency rules or by
 2758  rules adopted pursuant to chapter 120.
 2759         (5)A licensee authorized pursuant to this section to
 2760  conduct slot machine gaming is:
 2761         (a)Authorized to operate a cardroom pursuant to s.
 2762  849.086, notwithstanding that the licensee does not have a pari
 2763  mutuel permit and does not have an operating license, pursuant
 2764  to chapter 550;
 2765         (b)Authorized to operate up to 25 house banked blackjack
 2766  table games at its facility pursuant to s. 551.1044(2) and is
 2767  subject to s. 849.1044(3), notwithstanding that the licensee
 2768  does not have a pari-mutuel permit and does not have an
 2769  operating license, pursuant to chapter 550;
 2770         (c)Exempt from compliance with chapter 550; and
 2771         (d)Exempt from s. 551.104(3), (4)(b) and (c)1., (5), and
 2772  (10) and from s. 551.114(4).
 2773         Section 44. Section 551.1044, Florida Statutes, is created
 2774  to read:
 2775         551.1044 House banked blackjack table games authorized.—
 2776         (1) The pari-mutuel permitholder of each of the following
 2777  pari-mutuel wagering facilities may operate up to 25 house
 2778  banked blackjack table games at the permitholder’s facility:
 2779         (a) A licensed pari-mutuel facility where live racing or
 2780  games were conducted during calendar years 2002 and 2003,
 2781  located in Miami-Dade County or Broward County, and authorized
 2782  for slot machine licensure pursuant to s. 23, Art. X of the
 2783  State Constitution; and
 2784         (b) A licensed pari-mutuel facility where a full schedule
 2785  of live horse racing has been conducted for 2 consecutive
 2786  calendar years immediately preceding its application for a slot
 2787  machine license which is located within a county as defined in
 2788  s. 125.011.
 2789         (2) Wagers on authorized house banked blackjack table games
 2790  may not exceed $100 for each initial two-card wager. Subsequent
 2791  wagers on splits or double downs are allowed but may not exceed
 2792  the initial two-card wager. Single side bets of not more than $5
 2793  are also allowed.
 2794         (3)Each pari-mutuel permitholder offering banked blackjack
 2795  pursuant to this section shall pay a tax to the state of 25
 2796  percent of the blackjack operator’s monthly gross receipts. All
 2797  provisions of s. 849.086(14), except s. 849.086(14)(b), shall
 2798  apply to taxes owed pursuant to this section.
 2799         Section 45. Subsections (1) and (2) of section 551.106,
 2800  Florida Statutes, are amended to read:
 2801         551.106 License fee; tax rate; penalties.—
 2802         (1) LICENSE FEE.—
 2803         (a) Upon submission of the initial application for a slot
 2804  machine license and annually thereafter, on the anniversary date
 2805  of the issuance of the initial license, the licensee must pay to
 2806  the division a nonrefundable license fee of $3 million for the
 2807  succeeding 12 months of licensure. In the 2010-2011 fiscal year,
 2808  the licensee must pay the division a nonrefundable license fee
 2809  of $2.5 million for the succeeding 12 months of licensure. In
 2810  the 2011-2012 fiscal year and for every fiscal year thereafter,
 2811  the licensee must pay the division a nonrefundable license fee
 2812  of $2 million for the succeeding 12 months of licensure. The
 2813  license fee shall be deposited into the Pari-mutuel Wagering
 2814  Trust Fund of the Department of Business and Professional
 2815  Regulation to be used by the division and the Department of Law
 2816  Enforcement for investigations, regulation of slot machine
 2817  gaming, and enforcement of slot machine gaming provisions under
 2818  this chapter. These payments shall be accounted for separately
 2819  from taxes or fees paid pursuant to the provisions of chapter
 2820  550.
 2821         (b) Prior to January 1, 2007, the division shall evaluate
 2822  the license fee and shall make recommendations to the President
 2823  of the Senate and the Speaker of the House of Representatives
 2824  regarding the optimum level of slot machine license fees in
 2825  order to adequately support the slot machine regulatory program.
 2826         (2) TAX ON SLOT MACHINE REVENUES.—
 2827         (a) The tax rate on slot machine revenues at each facility
 2828  shall be 25 35 percent. If, during any state fiscal year, the
 2829  aggregate amount of tax paid to the state by all slot machine
 2830  licensees in Broward and Miami-Dade Counties is less than the
 2831  aggregate amount of tax paid to the state by all slot machine
 2832  licensees in the 2008-2009 fiscal year, each slot machine
 2833  licensee shall pay to the state within 45 days after the end of
 2834  the state fiscal year a surcharge equal to its pro rata share of
 2835  an amount equal to the difference between the aggregate amount
 2836  of tax paid to the state by all slot machine licensees in the
 2837  2008-2009 fiscal year and the amount of tax paid during the
 2838  fiscal year. Each licensee’s pro rata share shall be an amount
 2839  determined by dividing the number 1 by the number of facilities
 2840  licensed to operate slot machines during the applicable fiscal
 2841  year, regardless of whether the facility is operating such
 2842  machines.
 2843         (b) The slot machine revenue tax imposed by this section on
 2844  facilities licensed pursuant to s. 551.104(2)(a)1.-3. shall be
 2845  paid to the division for deposit into the Pari-mutuel Wagering
 2846  Trust Fund for immediate transfer by the Chief Financial Officer
 2847  for deposit into the Educational Enhancement Trust Fund of the
 2848  Department of Education. Any interest earnings on the tax
 2849  revenues shall also be transferred to the Educational
 2850  Enhancement Trust Fund. The slot machine revenue tax imposed by
 2851  this section on facilities licensed pursuant to s.
 2852  551.104(2)(a)4. shall be paid to the division for deposit into
 2853  the Pari-mutuel Wagering Trust Fund. The division shall transfer
 2854  90 percent of such funds to be deposited by the Chief Financial
 2855  Officer into the Educational Enhancement Trust Fund of the
 2856  Department of Education and shall transfer 10 percent of such
 2857  funds to the responsible public entity for the public-private
 2858  partnership of the slot machine licensee pursuant to s.
 2859  551.104(2)(a)4. and s. 255.065.
 2860         (c)1. Funds transferred to the Educational Enhancement
 2861  Trust Fund under paragraph (b) shall be used to supplement
 2862  public education funding statewide. Funds transferred to a
 2863  responsible public entity pursuant to paragraph (b) shall be
 2864  used in accordance with s. 255.065 to finance the qualifying
 2865  project of such entity and the slot machine licensee which
 2866  established the licensee’s eligibility for initial licensure
 2867  pursuant to s. 551.104(2)(a)4.
 2868         2. If necessary to comply with any covenant established
 2869  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 2870  funds transferred to the Educational Enhancement Trust Fund
 2871  under paragraph (b) shall first be available to pay debt service
 2872  on lottery bonds issued to fund school construction in the event
 2873  lottery revenues are insufficient for such purpose or to satisfy
 2874  debt service reserve requirements established in connection with
 2875  lottery bonds. Moneys available pursuant to this subparagraph
 2876  are subject to annual appropriation by the Legislature.
 2877         Section 46. Subsection (2) of section 551.108, Florida
 2878  Statutes, is amended to read:
 2879         551.108 Prohibited relationships.—
 2880         (2) A manufacturer or distributor of slot machines may not
 2881  enter into any contract with a slot machine licensee that
 2882  provides for any revenue sharing of any kind or nature that is
 2883  directly or indirectly calculated on the basis of a percentage
 2884  of slot machine revenues. Any maneuver, shift, or device whereby
 2885  this subsection is violated is a violation of this chapter and
 2886  renders any such agreement void. This subsection does not apply
 2887  to contracts related to a progressive system used in conjunction
 2888  with slot machines.
 2889         Section 47. Subsections (2) and (4) of section 551.114,
 2890  Florida Statutes, are amended to read:
 2891         551.114 Slot machine gaming areas.—
 2892         (2) If such races or games are available to the slot
 2893  machine licensee, the slot machine licensee shall display pari
 2894  mutuel races or games within the designated slot machine gaming
 2895  areas and offer patrons within the designated slot machine
 2896  gaming areas the ability to engage in pari-mutuel wagering on
 2897  any live, intertrack, and simulcast races conducted or offered
 2898  to patrons of the licensed facility.
 2899         (4) Designated slot machine gaming areas shall may be
 2900  located anywhere within the property described in a slot machine
 2901  licensee’s pari-mutuel permit within the current live gaming
 2902  facility or in an existing building that must be contiguous and
 2903  connected to the live gaming facility. If a designated slot
 2904  machine gaming area is to be located in a building that is to be
 2905  constructed, that new building must be contiguous and connected
 2906  to the live gaming facility.
 2907         Section 48. Section 551.116, Florida Statutes, is amended
 2908  to read:
 2909         551.116 Days and hours of operation.—Slot machine gaming
 2910  areas may be open 24 hours per day, 7 days a week daily
 2911  throughout the year. The slot machine gaming areas may be open a
 2912  cumulative amount of 18 hours per day on Monday through Friday
 2913  and 24 hours per day on Saturday and Sunday and on those
 2914  holidays specified in s. 110.117(1).
 2915         Section 49. Subsections (1) and (3) of section 551.121,
 2916  Florida Statutes, are amended to read:
 2917         551.121 Prohibited activities and devices; exceptions.—
 2918         (1) Complimentary or reduced-cost alcoholic beverages may
 2919  not be served to a person persons playing a slot machine.
 2920  Alcoholic beverages served to persons playing a slot machine
 2921  shall cost at least the same amount as alcoholic beverages
 2922  served to the general public at a bar within the facility.
 2923         (3) A slot machine licensee may not allow any automated
 2924  teller machine or similar device designed to provide credit or
 2925  dispense cash to be located within the designated slot machine
 2926  gaming areas of a facility of a slot machine licensee.
 2927         Section 50. Present subsections (9) through (17) of section
 2928  849.086, Florida Statutes, are redesignated as subsections (10)
 2929  through (18), respectively, and a new subsection (9) is added to
 2930  that section, and subsections (1) and (2), paragraph (b) of
 2931  subsection (5), paragraphs (a), (b), and (c) of subsection (7),
 2932  paragraphs (a) and (b) of subsection (8), present subsection
 2933  (12), paragraphs (d) and (h) of present subsection (13), and
 2934  present subsection (17) of section 849.086, Florida Statutes,
 2935  are amended, to read:
 2936         849.086 Cardrooms authorized.—
 2937         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2938  to provide additional entertainment choices for the residents of
 2939  and visitors to the state, promote tourism in the state, provide
 2940  revenues to support the continuation of live pari-mutuel
 2941  activity, and provide additional state revenues through the
 2942  authorization of the playing of certain games in the state at
 2943  facilities known as cardrooms which are to be located at
 2944  licensed pari-mutuel facilities. To ensure the public confidence
 2945  in the integrity of authorized cardroom operations, this act is
 2946  designed to strictly regulate the facilities, persons, and
 2947  procedures related to cardroom operations. Furthermore, the
 2948  Legislature finds that authorized games of cards and dominoes as
 2949  herein defined are considered to be pari-mutuel style games and
 2950  not casino gaming because the participants play against each
 2951  other instead of against the house.
 2952         (2) DEFINITIONS.—As used in this section:
 2953         (a) “Authorized game” means a game or series of card and
 2954  domino games that of poker or dominoes which are played in
 2955  conformance with this section a nonbanking manner.
 2956         (b) “Banking game” means a game in which the house is a
 2957  participant in the game, taking on players, paying winners, and
 2958  collecting from losers or in which the cardroom establishes a
 2959  bank against which participants play. A designated player game
 2960  is not a banking game.
 2961         (c) “Cardroom” means a facility where authorized games are
 2962  played for money or anything of value and to which the public is
 2963  invited to participate in such games and charged a fee for
 2964  participation by the operator of such facility. Authorized games
 2965  and cardrooms do not constitute casino gaming operations if
 2966  conducted at an eligible facility.
 2967         (d) “Cardroom management company” means any individual not
 2968  an employee of the cardroom operator, any proprietorship,
 2969  partnership, corporation, or other entity that enters into an
 2970  agreement with a cardroom operator to manage, operate, or
 2971  otherwise control the daily operation of a cardroom.
 2972         (e) “Cardroom distributor” means any business that
 2973  distributes cardroom paraphernalia such as card tables, betting
 2974  chips, chip holders, dominoes, dominoes tables, drop boxes,
 2975  banking supplies, playing cards, card shufflers, and other
 2976  associated equipment to authorized cardrooms.
 2977         (f) “Cardroom operator” means a licensed pari-mutuel
 2978  permitholder that which holds a valid permit and license issued
 2979  by the division pursuant to chapter 550 and which also holds a
 2980  valid cardroom license issued by the division pursuant to this
 2981  section which authorizes such person to operate a cardroom and
 2982  to conduct authorized games in such cardroom.
 2983         (g)“Designated player” means the player identified as the
 2984  player in the dealer position and seated at a traditional player
 2985  position in a designated player game who pays winning players
 2986  and collects from losing players.
 2987         (h)“Designated player game” means a game in which the
 2988  players compare their cards only to the cards of the designated
 2989  player or to a combination of cards held by the designated
 2990  player and cards common and available for play by all players.
 2991         (i)(g) “Division” means the Division of Pari-mutuel
 2992  Wagering of the Department of Business and Professional
 2993  Regulation.
 2994         (j)(h) “Dominoes” means a game of dominoes typically played
 2995  with a set of 28 flat rectangular blocks, called “bones,” which
 2996  are marked on one side and divided into two equal parts, with
 2997  zero to six dots, called “pips,” in each part. The term also
 2998  includes larger sets of blocks that contain a correspondingly
 2999  higher number of pips. The term also means the set of blocks
 3000  used to play the game.
 3001         (k)(i) “Gross receipts” means the total amount of money
 3002  received by a cardroom from any person for participation in
 3003  authorized games.
 3004         (l)(j) “House” means the cardroom operator and all
 3005  employees of the cardroom operator.
 3006         (m)(k) “Net proceeds” means the total amount of gross
 3007  receipts received by a cardroom operator from cardroom
 3008  operations less direct operating expenses related to cardroom
 3009  operations, including labor costs, admission taxes only if a
 3010  separate admission fee is charged for entry to the cardroom
 3011  facility, gross receipts taxes imposed on cardroom operators by
 3012  this section, the annual cardroom license fees imposed by this
 3013  section on each table operated at a cardroom, and reasonable
 3014  promotional costs excluding officer and director compensation,
 3015  interest on capital debt, legal fees, real estate taxes, bad
 3016  debts, contributions or donations, or overhead and depreciation
 3017  expenses not directly related to the operation of the cardrooms.
 3018         (n)(l) “Rake” means a set fee or percentage of the pot
 3019  assessed by a cardroom operator for providing the services of a
 3020  dealer, table, or location for playing the authorized game.
 3021         (o)(m) “Tournament” means a series of games that have more
 3022  than one betting round involving one or more tables and where
 3023  the winners or others receive a prize or cash award.
 3024         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 3025  operate a cardroom in this state unless such person holds a
 3026  valid cardroom license issued pursuant to this section.
 3027         (b) After the initial cardroom license is granted, the
 3028  application for the annual license renewal shall be made in
 3029  conjunction with the applicant’s annual application for its
 3030  pari-mutuel license. If a permitholder has operated a cardroom
 3031  during any of the 3 previous fiscal years and fails to include a
 3032  renewal request for the operation of the cardroom in its annual
 3033  application for license renewal, the permitholder may amend its
 3034  annual application to include operation of the cardroom. In
 3035  order for a cardroom license to be renewed the applicant must
 3036  have requested, as part of its pari-mutuel annual license
 3037  application, to conduct at least 90 percent of the total number
 3038  of live performances conducted by such permitholder during
 3039  either the state fiscal year in which its initial cardroom
 3040  license was issued or the state fiscal year immediately prior
 3041  thereto if the permitholder ran at least a full schedule of live
 3042  racing or games in the prior year. If the application is for a
 3043  harness permitholder cardroom, the applicant must have requested
 3044  authorization to conduct a minimum of 140 live performances
 3045  during the state fiscal year immediately prior thereto. If more
 3046  than one permitholder is operating at a facility, each
 3047  permitholder must have applied for a license to conduct a full
 3048  schedule of live racing.
 3049         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 3050         (a) A cardroom may be operated only at the location
 3051  specified on the cardroom license issued by the division, and
 3052  such location may only be the location at which the pari-mutuel
 3053  permitholder is authorized to conduct pari-mutuel wagering
 3054  activities pursuant to such permitholder’s valid pari-mutuel
 3055  permit or as otherwise authorized by law. Cardroom operations
 3056  may not be allowed beyond the hours provided in paragraph (b)
 3057  regardless of the number of cardroom licenses issued for
 3058  permitholders operating at the pari-mutuel facility.
 3059         (b) Any cardroom operator may operate a cardroom at the
 3060  pari-mutuel facility daily throughout the year, if the
 3061  permitholder meets the requirements under paragraph (5)(b). The
 3062  cardroom may be open a cumulative amount of 18 hours per day on
 3063  Monday through Friday and 24 hours per day on Saturday and
 3064  Sunday and on the holidays specified in s. 110.117(1).
 3065         (c) For authorized games of poker or dominoes at a
 3066  cardroom, a cardroom operator must at all times employ and
 3067  provide a nonplaying live dealer at for each table on which the
 3068  authorized card games which traditionally use a dealer are
 3069  conducted at the cardroom. Such dealers may not have a
 3070  participatory interest in any game other than the dealing of
 3071  cards and may not have an interest in the outcome of the game.
 3072  The providing of such dealers by a licensee does not constitute
 3073  the conducting of a banking game by the cardroom operator.
 3074         (8) METHOD OF WAGERS; LIMITATION.—
 3075         (a) No Wagering may not be conducted using money or other
 3076  negotiable currency. Games may only be played utilizing a
 3077  wagering system whereby all players’ money is first converted by
 3078  the house to tokens or chips that may which shall be used for
 3079  wagering only at that specific cardroom.
 3080         (b) For authorized games of poker or dominoes, the cardroom
 3081  operator may limit the amount wagered in any game or series of
 3082  games.
 3083         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 3084         (a)A cardroom operator may offer designated player games
 3085  consisting of players making wagers against the designated
 3086  player. The designated player must be licensed pursuant to
 3087  paragraph (6)(b).
 3088         (b)A cardroom operator may not serve as a designated
 3089  player in any game. The cardroom operator may not have a
 3090  financial interest in a designated player in any game. A
 3091  cardroom operator may collect a rake in accordance with the rake
 3092  structure posted at the table.
 3093         (c)If there are multiple designated players at a table,
 3094  the dealer button shall be rotated in a clockwise rotation after
 3095  each hand.
 3096         (d)A cardroom operator may not allow a designated player
 3097  to pay an opposing player who holds a lower ranked hand.
 3098         (13)(12) PROHIBITED ACTIVITIES.—
 3099         (a) A No person licensed to operate a cardroom may not
 3100  conduct any banking game or any game not specifically authorized
 3101  by this section. For purposes of this section, a designated
 3102  player game shall be deemed a banking game if any of the
 3103  following elements apply:
 3104         1. Any designated player is required by the rules of a game
 3105  or by the rules of a cardroom to cover all wagers posted by
 3106  opposing players;
 3107         2. The dealer button remains in a fixed position without
 3108  being offered for rotation;
 3109         3. The cardroom, or any cardroom licensee, contracts with
 3110  or receives compensation other than a posted table rake from any
 3111  player to participate in any game to serve as a designated
 3112  player; or
 3113         4. In any designated player game in which the designated
 3114  player possesses a higher ranked hand, the designated player is
 3115  required to pay on an opposing player’s wager who holds a lower
 3116  ranked hand.
 3117         (b) A No person who is younger than under 18 years of age
 3118  may not be permitted to hold a cardroom or employee license, or
 3119  to engage in any game conducted therein.
 3120         (c) With the exception of mechanical card shufflers, No
 3121  electronic or mechanical devices, except mechanical card
 3122  shufflers, may not be used to conduct any authorized game in a
 3123  cardroom.
 3124         (d) No Cards, game components, or game implements may not
 3125  be used in playing an authorized game unless they have such has
 3126  been furnished or provided to the players by the cardroom
 3127  operator.
 3128         (14)(13) TAXES AND OTHER PAYMENTS.—
 3129         (d)1. Each greyhound and jai alai permitholder that
 3130  operates a cardroom facility shall use at least 4 percent of
 3131  such permitholder’s cardroom monthly gross receipts to
 3132  supplement greyhound purses or jai alai prize money,
 3133  respectively, during the permitholder’s next ensuing pari-mutuel
 3134  meet.
 3135         2. A cardroom license or renewal thereof may not be issued
 3136  to a permitholder conducting less than a full schedule of live
 3137  racing or games as defined in s. 550.002(11) unless the
 3138  applicant has on file with the division a binding written
 3139  contract with a thoroughbred permitholder that is licensed to
 3140  conduct live racing and that does not possess a slot machine
 3141  license. This contract must provide that the permitholder will
 3142  pay an amount equal to 4 percent of its monthly cardroom gross
 3143  receipts to the thoroughbred permitholder conducting the live
 3144  racing for use as purses during the current or ensuing live
 3145  racing meet of the thoroughbred permitholder. If there is not a
 3146  thoroughbred permitholder that does not possess a slot machine
 3147  license, payments for purses are not required, and the cardroom
 3148  licensee shall retain such funds for its use. Each thoroughbred
 3149  and harness horse racing permitholder that operates a cardroom
 3150  facility shall use at least 50 percent of such permitholder’s
 3151  cardroom monthly net proceeds as follows: 47 percent to
 3152  supplement purses and 3 percent to supplement breeders’ awards
 3153  during the permitholder’s next ensuing racing meet.
 3154         3. No cardroom license or renewal thereof shall be issued
 3155  to an applicant holding a permit under chapter 550 to conduct
 3156  pari-mutuel wagering meets of quarter horse racing unless the
 3157  applicant has on file with the division a binding written
 3158  agreement between the applicant and the Florida Quarter Horse
 3159  Racing Association or the association representing a majority of
 3160  the horse owners and trainers at the applicant’s eligible
 3161  facility, governing the payment of purses on live quarter horse
 3162  races conducted at the licensee’s pari-mutuel facility. The
 3163  agreement governing purses may direct the payment of such purses
 3164  from revenues generated by any wagering or gaming the applicant
 3165  is authorized to conduct under Florida law. All purses shall be
 3166  subject to the terms of chapter 550.
 3167         (h) One-quarter of the moneys deposited into the Pari
 3168  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 3169  October 1 of each year, be distributed to the local government
 3170  that approved the cardroom under subsection (17) subsection
 3171  (16); however, if two or more pari-mutuel racetracks are located
 3172  within the same incorporated municipality, the cardroom funds
 3173  shall be distributed to the municipality. If a pari-mutuel
 3174  facility is situated in such a manner that it is located in more
 3175  than one county, the site of the cardroom facility shall
 3176  determine the location for purposes of disbursement of tax
 3177  revenues under this paragraph. The division shall, by September
 3178  1 of each year, determine: the amount of taxes deposited into
 3179  the Pari-mutuel Wagering Trust Fund pursuant to this section
 3180  from each cardroom licensee; the location by county of each
 3181  cardroom; whether the cardroom is located in the unincorporated
 3182  area of the county or within an incorporated municipality; and,
 3183  the total amount to be distributed to each eligible county and
 3184  municipality.
 3185         (18)(17) CHANGE OF LOCATION; REFERENDUM.—
 3186         (a) Notwithstanding any provisions of this section, a no
 3187  cardroom gaming license issued under this section may not shall
 3188  be transferred, or reissued when such reissuance is in the
 3189  nature of a transfer, so as to permit or authorize a licensee to
 3190  change the location of the cardroom except upon proof in such
 3191  form as the division may prescribe that a referendum election
 3192  has been held:
 3193         1. If the proposed new location is within the same county
 3194  as the already licensed location, in the county where the
 3195  licensee desires to conduct cardroom gaming and that a majority
 3196  of the electors voting on the question in such election voted in
 3197  favor of the transfer of such license. However, the division
 3198  shall transfer, without requirement of a referendum election,
 3199  the cardroom license of any permitholder that relocated its
 3200  permit pursuant to s. 550.0555.
 3201         2. If the proposed new location is not within the same
 3202  county as the already licensed location, in the county where the
 3203  licensee desires to conduct cardroom gaming and that a majority
 3204  of the electors voting on that question in each such election
 3205  voted in favor of the transfer of such license.
 3206         (b) The expense of each referendum held under the
 3207  provisions of this subsection shall be borne by the licensee
 3208  requesting the transfer.
 3209         Section 51. The Division of Pari-mutuel Wagering of the
 3210  Department of Business and Professional Regulation shall revoke
 3211  any permit to conduct pari-mutuel wagering if a permitholder has
 3212  not conducted live events within the 24 months preceding the
 3213  effective date of this act, unless the permit was issued under
 3214  s. 550.3345, Florida Statutes. A permit revoked under this
 3215  section may not be reissued.
 3216         Section 52. The Division of Law Revision and Information is
 3217  directed to replace the phrase “the effective date of this act”
 3218  wherever it occurs in this act with the date the act becomes
 3219  effective, in accordance with the notice received from the
 3220  Secretary of the Department of Business and Professional
 3221  Regulation pursuant to s. 285.710(3), Florida Statutes.
 3222         Section 53. Except as otherwise expressly provided in this
 3223  act, and except for this section, which shall take effect upon
 3224  this act becoming a law, this act shall take effect only if the
 3225  Gaming Compact between the Seminole Tribe of Florida and the
 3226  State of Florida executed by the Governor and the Seminole Tribe
 3227  of Florida on December 7, 2015, under the Indian Gaming
 3228  Regulatory Act of 1988, is amended as required by this act, and
 3229  is approved or deemed approved and not voided by the United
 3230  States Department of the Interior, and shall take effect on the
 3231  date that notice of the effective date of the amended compact is
 3232  published in the Federal Register.