Florida Senate - 2017                                CS for SB 8
       
       
        
       By the Committee on Appropriations; and Senator Galvano
       
       
       
       
       
       576-01983A-17                                            20178c1
    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 at a
    7         point-of-sale terminal; authorizing the department to
    8         adopt rules; providing requirements for the rules;
    9         amending s. 24.112, F.S.; authorizing the department,
   10         a retailer operating from one or more locations, or a
   11         vendor approved by the department to use a point-of
   12         sale terminal to sell a lottery ticket; requiring a
   13         point-of-sale terminal to perform certain functions;
   14         specifying that the point-of-sale terminal may not
   15         reveal winning numbers; prohibiting a point-of-sale
   16         terminal from including or making use of video reels
   17         or mechanical reels or other video depictions of slot
   18         machine or casino game themes or titles for game play;
   19         prohibiting a point-of-sale terminal from being used
   20         to redeem a winning ticket; amending s. 285.710, F.S.;
   21         redefining the term “compact”; ratifying and approving
   22         a specified compact executed by the Governor and the
   23         Seminole Tribe of Florida contingent upon the adoption
   24         of specified amendments to the compact; superseding
   25         the compact approved by the Legislature in 2010,
   26         subject to certain requirements; directing the
   27         Governor to cooperate with the Tribe in seeking
   28         approval of the amended compact from the United States
   29         Secretary of the Interior; directing the Secretary of
   30         the Department of Business and Professional Regulation
   31         to provide written notice of the effective date of the
   32         compact to specified persons under certain
   33         circumstances; specifying the amendments that must be
   34         made to the compact by agreement between the Governor
   35         and the Tribe for the compact to be deemed ratified
   36         and approved; prohibiting the incorporation of
   37         specified amendments into the compact from impacting
   38         or changing the payments required to the state by the
   39         Tribe during specified payment periods; prohibiting
   40         the compact from being amended to prorate or reduce
   41         required payments to the state; requiring specified
   42         provisions of the compact relating to required
   43         payments to the state during the initial payment
   44         period be deleted; expanding the games authorized to
   45         be conducted and the counties in which such games may
   46         be offered; amending s. 285.712, F.S.; correcting a
   47         citation; creating s. 546.11, F.S.; providing a short
   48         title; creating s. 546.12, F.S.; providing legislative
   49         findings and intent; creating s. 546.13, F.S.;
   50         defining terms; creating s. 546.14, F.S.; creating the
   51         Office of Contest Amusements within the Department of
   52         Business and Professional Regulation; requiring that
   53         the office be under the supervision of a senior
   54         manager who is exempt from the Career Service System
   55         and is appointed by the secretary of the department;
   56         providing duties of the office; providing for
   57         rulemaking; creating s. 546.15, F.S.; providing
   58         licensing requirements for contest operators offering
   59         fantasy contests; providing licensing application and
   60         renewal fees; requiring the office to grant or deny a
   61         license within a specified timeframe; providing that a
   62         completed application is deemed approved 120 days
   63         after receipt by the office under certain
   64         circumstances; exempting applications for a contest
   65         operator’s license from certain licensure timeframe
   66         requirements; providing requirements for the license
   67         application; providing that specified persons or
   68         entities are not eligible for licensure under certain
   69         circumstances; defining the term “convicted”;
   70         authorizing the office to suspend, revoke, or deny a
   71         license under certain circumstances; creating s.
   72         546.16, F.S.; requiring a contest operator to
   73         implement specified consumer protection procedures
   74         under certain circumstances; requiring a contest
   75         operator to annually contract with a third party to
   76         perform an independent audit under certain
   77         circumstances; requiring a contest operator to submit
   78         the audit results to the office by a certain date;
   79         creating s. 546.17, F.S.; requiring contest operators
   80         to keep and maintain certain records for a specified
   81         period; providing a requirement for such records;
   82         requiring that such records be available for audit and
   83         inspection; requiring the department to adopt rules;
   84         creating s. 546.18, F.S.; providing a civil penalty;
   85         providing applicability; exempting fantasy contests
   86         from certain provisions in ch. 849, F.S.; providing a
   87         directive to the Division of Law Revision and
   88         Information; amending s. 550.002, F.S.; redefining the
   89         term “full schedule of live racing or games”; amending
   90         s. 550.01215, F.S.; revising application requirements
   91         for pari-mutuel operating licenses; authorizing a
   92         greyhound racing permitholder to specify certain
   93         intentions on its application; authorizing a greyhound
   94         racing permitholder to receive an operating license to
   95         conduct pari-mutuel wagering activities at another
   96         permitholder’s greyhound racing facility; authorizing
   97         a thoroughbred horse racing permitholder to elect not
   98         to conduct live racing under certain circumstances;
   99         authorizing a thoroughbred horse racing permitholder
  100         that elects not to conduct live racing to retain its
  101         permit and requiring the permitholder to specify its
  102         intention not to conduct live racing in future
  103         applications and that it is a pari-mutuel facility;
  104         authorizing such thoroughbred racing permitholder’s
  105         facility to remain an eligible facility, to continue
  106         to be eligible for a slot machine license, to be
  107         exempt from certain provisions of chs. 550 and 551,
  108         F.S., to be eligible as a guest track for intertrack
  109         wagering and simulcasting, and to remain eligible for
  110         a cardroom license; requiring, for a specified period,
  111         that such permitholder file with the division an
  112         irrevocable consent authorizing the use of certain
  113         contributions for specified purses and awards;
  114         exempting certain harness horse racing permitholders,
  115         quarter horse racing permitholders, and jai alai
  116         permitholders from specified live racing or live games
  117         requirements; authorizing such permitholders to
  118         specify certain intentions on their applications;
  119         authorizing certain permitholders that elect not to
  120         conduct live racing to retain their permits; providing
  121         that certain facilities of such permitholders that
  122         have been issued a slot machine license remain
  123         eligible facilities, continue to be eligible for a
  124         slot machine license, are exempt from certain
  125         provisions of ch. 551, F.S., are eligible to be guest
  126         tracks or, in certain cases, host tracks for certain
  127         purposes, and remain eligible for a cardroom license;
  128         authorizing the Division of Pari-mutuel Wagering of
  129         the Department of Business and Professional Regulation
  130         to approve changes in racing dates for permitholders
  131         under certain circumstances; providing requirements
  132         for licensure of certain jai alai permitholders;
  133         deleting a provision for conversion of certain
  134         converted permits to jai alai permits; authorizing
  135         certain limited thoroughbred racing permitholders to
  136         apply by a certain date to conduct live performances
  137         during a specified timeframe subject to certain
  138         conditions; amending s. 550.0251, F.S.; requiring the
  139         division to annually report to the Governor and the
  140         Legislature; specifying requirements for the content
  141         of the report; amending s. 550.054, F.S.; requiring
  142         the division to revoke a pari-mutuel wagering
  143         operating permit under certain circumstances;
  144         prohibiting issuance or approval of new pari-mutuel
  145         permits after a specified date; prohibiting certain
  146         revoked permits from being reissued; authorizing a
  147         permitholder to apply to the division to place a
  148         permit in inactive status; revising provisions that
  149         prohibit transfer or assignment of a pari-mutuel
  150         permit; deleting provisions authorizing a jai alai
  151         permitholder to convert such permit to conduct
  152         greyhound racing; deleting a provision requiring the
  153         division to convert such permits under certain
  154         circumstances; deleting provisions for certain
  155         converted permits; amending s. 550.0555, F.S.;
  156         authorizing specified permitholders to relocate under
  157         certain circumstances, subject to certain
  158         restrictions; deleting a provision requiring the
  159         relocation to be necessary to ensure the revenue
  160         producing capability of the permittee without
  161         deteriorating the revenue-producing capability of any
  162         other pari-mutuel permittee within a certain distance;
  163         revising how certain distances are measured; repealing
  164         s. 550.0745, F.S., relating to the conversion of pari
  165         mutuel permits to summer jai alai permits; amending s.
  166         550.0951, F.S.; deleting provisions for certain
  167         credits for a greyhound racing permitholder; deleting
  168         a provision requiring a specified license fee to be
  169         deposited with the Chief Financial Officer to the
  170         credit of the Pari-mutuel Wagering Trust Fund;
  171         revising the tax on handle for live greyhound racing
  172         and intertrack wagering if the host track is a
  173         greyhound racing track; amending s. 550.09512, F.S.;
  174         providing for the revocation of certain harness horse
  175         racing permits; specifying that a revoked permit may
  176         not be reissued; amending s. 550.09514, F.S.; deleting
  177         certain provisions that prohibit tax on handle until a
  178         specified amount of tax savings have resulted;
  179         revising purse requirements of a greyhound racing
  180         permitholder that conducts live racing; amending s.
  181         550.09515, F.S.; providing for the revocation of
  182         certain thoroughbred racing permits; specifying that a
  183         revoked permit may not be reissued; amending s.
  184         550.155, F.S.; specifying that a person who accepts
  185         certain wagers commits a felony of the third degree;
  186         providing penalties; amending s. 550.1625, F.S.;
  187         deleting the requirement that a greyhound racing
  188         permitholder pay the breaks tax; repealing s.
  189         550.1647, F.S., relating to unclaimed tickets and
  190         breaks held by greyhound racing permitholders;
  191         amending s. 550.1648, F.S.; revising requirements for
  192         a greyhound racing permitholder to provide a greyhound
  193         adoption booth at its facility; requiring
  194         sterilization of greyhounds before adoption;
  195         authorizing the fee for such sterilization to be
  196         included in the cost of adoption; defining the term
  197         “bona fide organization that promotes or encourages
  198         the adoption of greyhounds”; creating s. 550.1752,
  199         F.S.; creating the permit reduction program within the
  200         division; providing a purpose for the program;
  201         providing for funding for the program; requiring the
  202         division to purchase pari-mutuel permits from
  203         permitholders under certain circumstances; requiring
  204         that permitholders who wish to make an offer to sell
  205         meet certain requirements; requiring the division to
  206         adopt a certain form by rule; requiring that the
  207         division establish the value of a pari-mutuel permit
  208         based on the valuation of one or more independent
  209         appraisers; authorizing the division to establish a
  210         value that is lower than the valuation of the
  211         independent appraiser; requiring the division to
  212         accept the offers that best utilize available funding;
  213         prohibiting the department from accepting an offer to
  214         purchase a permit or from executing a contract to
  215         purchase a permit under certain conditions; requiring,
  216         by a specified date, that the division certify an
  217         executed contract to the Chief Financial Officer and
  218         request a distribution to be paid to the permitholder;
  219         limiting such distributions; providing for expiration
  220         of the program; creating s. 550.1753, F.S.; creating
  221         the thoroughbred purse and awards supplement program
  222         within the division as of a specified date; providing
  223         a purpose for the program; providing for funding of
  224         the program; requiring the division, within a
  225         specified timeframe, to certify to the Chief Financial
  226         Officer the amount of the purse and awards supplement
  227         funds to be distributed to eligible thoroughbred
  228         racing permitholders and request distribution of such
  229         funds from the General Revenue Fund to such
  230         permitholders; limiting the amount of distributions in
  231         any given fiscal year; specifying intended uses of the
  232         funds; prohibiting certain thoroughbred horse racing
  233         permitholders from receiving purse and awards
  234         supplements unless they provide a copy of a certain
  235         agreement; specifying percentages of the funds that
  236         must be used for certain purposes; requiring the
  237         division to apportion purse and awards supplement
  238         funds in a specified manner; providing conditions
  239         under which certain limited thoroughbred racing
  240         permitholders may make annual application for and
  241         receive certain funds; providing that funding must be
  242         allocated on a pro rata share basis; providing that
  243         certain funding is conditioned on limited thoroughbred
  244         racing permitholders applying for a limited number of
  245         performances; providing that limited thoroughbred
  246         permitholders under the program are treated as other
  247         thoroughbred permitholders applying for funding after
  248         a certain date; authorizing such funds to be used to
  249         supplement purses and subsidize certain costs;
  250         requiring the division to distribute a specified
  251         percentage of funds to a specified organization for
  252         payment of specified racing awards; authorizing
  253         certain supplemental funds to be returned to
  254         thoroughbred horse racing permitholders to allow them
  255         to distribute special racing awards under certain
  256         circumstances under terms established in a required
  257         written agreement; requiring the division to adopt a
  258         form to apply to receive supplement purse funds under
  259         the program; authorizing the division to adopt rules;
  260         providing for expiration of the program; amending s.
  261         550.2415, F.S.; revising the actions that mark the
  262         commencement of certain administrative actions;
  263         requiring the division to adopt certain rules;
  264         deleting a provision specifying the version of the
  265         Controlled Therapeutic Medication Schedule which must
  266         be used by the division to adopt certain rules;
  267         requiring the division rules to include a penalty
  268         system for the use of certain drugs, medications, and
  269         other foreign substances; requiring the classification
  270         and penalty system included in division rules to
  271         incorporate specified documents; creating s. 550.2416,
  272         F.S.; requiring injuries to racing greyhounds to be
  273         reported within a certain timeframe on a form adopted
  274         by the division; requiring such form to be completed
  275         and signed under oath or affirmation by certain
  276         individuals; providing penalties; specifying
  277         information that must be included on the form;
  278         requiring the division to maintain the forms as public
  279         records for a specified time; specifying disciplinary
  280         action that may be taken against a licensee of the
  281         Department of Business and Professional Regulation who
  282         makes false statements on an injury form or who fails
  283         to report an injury; exempting injuries to certain
  284         animals from reporting requirements; requiring the
  285         division to adopt rules; amending s. 550.26165, F.S.;
  286         conforming a cross-reference; amending s. 550.3345,
  287         F.S.; deleting obsolete provisions; revising
  288         requirements for a permit previously converted from a
  289         quarter horse racing permit to a limited thoroughbred
  290         racing permit; authorizing certain holders of limited
  291         thoroughbred racing permits to apply for and be issued
  292         an operating license for a specified purpose under
  293         certain circumstances; amending s. 550.3551, F.S.;
  294         deleting a provision that limits the number of out-of
  295         state races on which wagers are accepted by a
  296         greyhound racing permitholder; deleting a provision
  297         requiring certain permitholders to conduct a full
  298         schedule of live racing to receive certain full-card
  299         broadcasts and accept certain wagers; conforming a
  300         cross-reference; amending s. 550.475, F.S.;
  301         prohibiting a permitholder from leasing from certain
  302         pari-mutuel permitholders; amending s. 550.5251, F.S.;
  303         deleting a provision relating to requirements for
  304         thoroughbred permitholders; deleting a provision
  305         prohibiting a thoroughbred racing permitholder from
  306         beginning a race before a specified time; amending s.
  307         550.615, F.S.; revising eligibility requirements for
  308         certain pari-mutuel facilities to qualify to receive
  309         certain broadcasts; providing that certain greyhound
  310         racing permitholders are not required to obtain
  311         certain written consent; deleting requirements that
  312         intertrack wagering be conducted between certain
  313         permitholders; deleting a provision prohibiting
  314         certain intertrack wagering in certain counties;
  315         specifying conditions under which greyhound racing
  316         permitholders may accept wagers; amending s. 550.6308,
  317         F.S.; revising the number of days of thoroughbred
  318         horse sales required for an applicant to obtain a
  319         limited intertrack wagering license; revising
  320         eligibility requirements for such licenses; revising
  321         requirements for such wagering; deleting provisions
  322         requiring a licensee to make certain payments to the
  323         daily pari-mutuel pool; amending s. 551.101, F.S.;
  324         revising the facilities that may possess slot machines
  325         and conduct slot machine gaming; deleting certain
  326         provisions requiring a countywide referendum to
  327         approve slot machines at certain facilities; amending
  328         s. 551.102, F.S.; revising definitions; amending s.
  329         551.104, F.S.; prohibiting the division from issuing a
  330         slot machine license to certain pari-mutuel
  331         permitholders; revising conditions of licensure and
  332         conditions for maintaining authority to conduct slot
  333         machine gaming; exempting a summer thoroughbred racing
  334         permitholder from certain purse requirements;
  335         providing applicability; providing an expiration for a
  336         provision requiring certain slot machine licensees to
  337         remit a certain amount for the payment of purses on
  338         live races; deleting a provision prohibiting the
  339         division from issuing or renewing a license for an
  340         applicant holding a permit under ch. 550, F.S., under
  341         certain circumstances; conforming provisions to
  342         changes made by the act; creating s. 551.1042, F.S.;
  343         prohibiting the transfer of a slot machine license or
  344         relocation of a slot machine facility; providing an
  345         exception; creating s. 551.1043, F.S.; providing
  346         legislative findings; authorizing two additional slot
  347         machine licenses to be awarded and renewed annually to
  348         persons located in specified counties; providing that
  349         no more than one license may be awarded in each of
  350         those counties; authorizing certain persons to apply
  351         for such licenses; providing that certain persons are
  352         ineligible to apply for the additional slot machine
  353         licenses; providing a license application fee;
  354         requiring the deposit of the fee in the Pari-mutuel
  355         Wagering Trust Fund; requiring the Division of Pari
  356         mutuel Wagering to award the license to the applicant
  357         that best meets the selection criteria; providing
  358         selection criteria; requiring the division to complete
  359         a certain evaluation by a specified date; specifying
  360         grounds for denial of an application; providing that
  361         certain protests be forwarded to the Division of
  362         Administrative Hearings; providing requirements for
  363         appeals; authorizing the Division of Pari-mutuel
  364         Wagering to adopt certain emergency rules; authorizing
  365         the licensee of the additional slot machine license to
  366         operate a cardroom and a specified number of house
  367         banked blackjack table games at its facility under
  368         certain circumstances; providing that such licensee is
  369         subject to specified provisions of ch. 849, F.S., and
  370         exempt from specified provisions of chs. 550 and 551,
  371         F.S.; creating s. 551.1044, F.S.; authorizing
  372         blackjack table games at certain pari-mutuel
  373         facilities; specifying limits on wagers; requiring a
  374         permitholder that offers banked blackjack to pay a tax
  375         to the state; providing that such tax is subject to
  376         certain provisions of ch. 849, F.S.; amending s.
  377         551.106, F.S.; deleting obsolete provisions; revising
  378         the tax rate on slot machine revenues under certain
  379         conditions; revising the taxes to be paid to the
  380         division for deposit into the Pari-mutuel Wagering
  381         Trust Fund; requiring certain funds to be transferred
  382         into the Educational Enhancement Trust Fund and to
  383         specified entities; requiring certain permitholders
  384         and licensees to pay a slot machine guarantee fee if
  385         certain taxes and fees paid to the state during
  386         certain periods fall below a specified amount;
  387         amending s. 551.108, F.S.; providing applicability;
  388         amending s. 551.114, F.S.; revising the areas where a
  389         designated slot machine gaming area may be located;
  390         amending s. 551.116, F.S.; deleting a restriction on
  391         the number of hours per day that slot machine gaming
  392         areas may be open; amending s. 551.121, F.S.;
  393         authorizing the serving of complimentary or reduced
  394         cost alcoholic beverages to persons playing slot
  395         machines; authorizing the location of an automated
  396         teller machine or similar device within designated
  397         slot machine gaming areas; amending s. 849.086, F.S.;
  398         revising legislative intent; revising definitions;
  399         authorizing the division to establish a reasonable
  400         period to respond to certain requests from a licensed
  401         cardroom; providing that the division must approve
  402         certain requests within 45 days; requiring the
  403         division to review and approve or reject certain
  404         revised internal controls or revised rules within 10
  405         days after submission; revising certain license
  406         renewal requirements; deleting provisions relating to
  407         restrictions on hours of operation; authorizing
  408         certain cardroom operators to offer certain designated
  409         player games; requiring the designated player and
  410         employees of the designated player to be licensed;
  411         requiring the designated player to pay certain fees;
  412         prohibiting cardroom operators from serving as the
  413         designated player in a game and from having a
  414         financial interest in a designated player; authorizing
  415         a cardroom operator to collect a rake, subject to
  416         certain requirements; requiring the dealer button to
  417         be rotated under certain circumstances; prohibiting a
  418         cardroom operator from allowing a designated player to
  419         pay an opposing player under certain circumstances;
  420         prohibiting the rules of the game or of the cardroom
  421         to require a designated player to cover all wagers of
  422         opposing players; prohibiting a cardroom or cardroom
  423         licensee from contracting with or receiving certain
  424         compensation from a player to allow that player to
  425         participate in any game as a designated player;
  426         revising requirements for a cardroom license to be
  427         issued or renewed; requiring a certain written
  428         agreement with a thoroughbred permitholder; providing
  429         contract requirements for the agreement; requiring a
  430         thoroughbred permitholder to remit a percentage of
  431         specified funds to the Florida Thoroughbred Breeders’
  432         Association, Inc., subject to certain requirements;
  433         revising requirements to transfer or reissue certain
  434         cardroom gaming licenses; conforming provisions to
  435         changes made by the act; amending s. 849.0931, F.S.;
  436         authorizing certain veterans’ organizations engaged in
  437         charitable, civic, benevolent, or scholastic works or
  438         similar endeavors to conduct bingo using electronic
  439         tickets on specified premises; requiring that
  440         electronic tickets for instant bingo meet a certain
  441         requirement; making the sale of such tickets by
  442         veterans’ organizations contingent upon certification
  443         of software by a nationally recognized independent
  444         gaming laboratory; directing the Division of Pari
  445         mutuel Wagering to revoke certain pari-mutuel permits;
  446         specifying that the revoked permits may not be
  447         reissued; providing a directive to the Division of Law
  448         Revision and Information; providing effective dates;
  449         providing a contingent effective date.
  450          
  451  Be It Enacted by the Legislature of the State of Florida:
  452  
  453         Section 1. Section 24.103, Florida Statutes, is reordered
  454  and amended to read:
  455         24.103 Definitions.—As used in this act, the term:
  456         (1) “Department” means the Department of the Lottery.
  457         (6)(2) “Secretary” means the secretary of the department.
  458         (3) “Person” means any individual, firm, association, joint
  459  adventure, partnership, estate, trust, syndicate, fiduciary,
  460  corporation, or other group or combination and includes an shall
  461  include any agency or political subdivision of the state.
  462         (4) “Point-of-sale terminal” means an electronic device
  463  used to process credit card, debit card, or other similar charge
  464  card payments at retail locations which is supported by networks
  465  that enable verification, payment, transfer of funds, and
  466  logging of transactions.
  467         (2)(4) “Major procurement” means a procurement for a
  468  contract for the printing of tickets for use in any lottery
  469  game, consultation services for the startup of the lottery, any
  470  goods or services involving the official recording for lottery
  471  game play purposes of a player’s selections in any lottery game
  472  involving player selections, any goods or services involving the
  473  receiving of a player’s selection directly from a player in any
  474  lottery game involving player selections, any goods or services
  475  involving the drawing, determination, or generation of winners
  476  in any lottery game, the security report services provided for
  477  in this act, or any goods and services relating to marketing and
  478  promotion which exceed a value of $25,000.
  479         (5) “Retailer” means a person who sells lottery tickets on
  480  behalf of the department pursuant to a contract.
  481         (7)(6) “Vendor” means a person who provides or proposes to
  482  provide goods or services to the department, but does not
  483  include an employee of the department, a retailer, or a state
  484  agency.
  485         Section 2. Present subsections (19) and (20) of section
  486  24.105, Florida Statutes, are redesignated as subsections (20)
  487  and (21), respectively, and a new subsection (19) is added to
  488  that section, to read:
  489         24.105 Powers and duties of department.—The department
  490  shall:
  491         (19) Have the authority to create a program that allows a
  492  person who is at least 18 years of age to purchase a lottery
  493  ticket at a point-of-sale terminal. The department may adopt
  494  rules to administer the program. Such rules shall include, but
  495  are not limited to, the following:
  496         (a) Limiting the dollar amount of lottery tickets that a
  497  person may purchase at point-of-sale terminals;
  498         (b) Creating a process to enable a customer to restrict or
  499  prevent his or her own access to lottery tickets; and
  500         (c) Ensuring that the program is administered in a manner
  501  that does not breach the exclusivity provisions of any Indian
  502  gaming compact to which this state is a party.
  503         Section 3. Section 24.112, Florida Statutes, is amended to
  504  read:
  505         24.112 Retailers of lottery tickets; authorization of
  506  vending machines; point-of-sale terminals to dispense lottery
  507  tickets.—
  508         (1) The department shall adopt promulgate rules specifying
  509  the terms and conditions for contracting with retailers who will
  510  best serve the public interest and promote the sale of lottery
  511  tickets.
  512         (2) In the selection of retailers, the department shall
  513  consider factors such as financial responsibility, integrity,
  514  reputation, accessibility of the place of business or activity
  515  to the public, security of the premises, the sufficiency of
  516  existing retailers to serve the public convenience, and the
  517  projected volume of the sales for the lottery game involved. In
  518  the consideration of these factors, the department may require
  519  the information it deems necessary of any person applying for
  520  authority to act as a retailer. However, the department may not
  521  establish a limitation upon the number of retailers and shall
  522  make every effort to allow small business participation as
  523  retailers. It is the intent of the Legislature that retailer
  524  selections be based on business considerations and the public
  525  convenience and that retailers be selected without regard to
  526  political affiliation.
  527         (3) The department may shall not contract with any person
  528  as a retailer who:
  529         (a) Is less than 18 years of age.
  530         (b) Is engaged exclusively in the business of selling
  531  lottery tickets; however, this paragraph may shall not preclude
  532  the department from selling lottery tickets.
  533         (c) Has been convicted of, or entered a plea of guilty or
  534  nolo contendere to, a felony committed in the preceding 10
  535  years, regardless of adjudication, unless the department
  536  determines that:
  537         1. The person has been pardoned or the person’s civil
  538  rights have been restored;
  539         2. Subsequent to such conviction or entry of plea the
  540  person has engaged in the kind of law-abiding commerce and good
  541  citizenship that would reflect well upon the integrity of the
  542  lottery; or
  543         3. If the person is a firm, association, partnership,
  544  trust, corporation, or other entity, the person has terminated
  545  its relationship with the individual whose actions directly
  546  contributed to the person’s conviction or entry of plea.
  547         (4) The department shall issue a certificate of authority
  548  to each person with whom it contracts as a retailer for purposes
  549  of display pursuant to subsection (6). The issuance of the
  550  certificate may shall not confer upon the retailer any right
  551  apart from that specifically granted in the contract. The
  552  authority to act as a retailer may shall not be assignable or
  553  transferable.
  554         (5) A Any contract executed by the department pursuant to
  555  this section shall specify the reasons for any suspension or
  556  termination of the contract by the department, including, but
  557  not limited to:
  558         (a) Commission of a violation of this act or rule adopted
  559  pursuant thereto.
  560         (b) Failure to accurately account for lottery tickets,
  561  revenues, or prizes as required by the department.
  562         (c) Commission of any fraud, deceit, or misrepresentation.
  563         (d) Insufficient sale of tickets.
  564         (e) Conduct prejudicial to public confidence in the
  565  lottery.
  566         (f) Any material change in any matter considered by the
  567  department in executing the contract with the retailer.
  568         (6) Each Every retailer shall post and keep conspicuously
  569  displayed in a location on the premises accessible to the public
  570  its certificate of authority and, with respect to each game, a
  571  statement supplied by the department of the estimated odds of
  572  winning a some prize for the game.
  573         (7) A No contract with a retailer may not shall authorize
  574  the sale of lottery tickets at more than one location, and a
  575  retailer may sell lottery tickets only at the location stated on
  576  the certificate of authority.
  577         (8) With respect to any retailer whose rental payments for
  578  premises are contractually computed, in whole or in part, on the
  579  basis of a percentage of retail sales, and where such
  580  computation of retail sales is not explicitly defined to include
  581  sales of tickets in a state-operated lottery, the compensation
  582  received by the retailer from the department shall be deemed to
  583  be the amount of the retail sale for the purposes of such
  584  contractual compensation.
  585         (9)(a) The department may require each every retailer to
  586  post an appropriate bond as determined by the department, using
  587  an insurance company acceptable to the department, in an amount
  588  not to exceed twice the average lottery ticket sales of the
  589  retailer for the period within which the retailer is required to
  590  remit lottery funds to the department. For the first 90 days of
  591  sales of a new retailer, the amount of the bond may not exceed
  592  twice the average estimated lottery ticket sales for the period
  593  within which the retailer is required to remit lottery funds to
  594  the department. This paragraph does shall not apply to lottery
  595  tickets that which are prepaid by the retailer.
  596         (b) In lieu of such bond, the department may purchase
  597  blanket bonds covering all or selected retailers or may allow a
  598  retailer to deposit and maintain with the Chief Financial
  599  Officer securities that are interest bearing or accruing and
  600  that, with the exception of those specified in subparagraphs 1.
  601  and 2., are rated in one of the four highest classifications by
  602  an established nationally recognized investment rating service.
  603  Securities eligible under this paragraph shall be limited to:
  604         1. Certificates of deposit issued by solvent banks or
  605  savings associations organized and existing under the laws of
  606  this state or under the laws of the United States and having
  607  their principal place of business in this state.
  608         2. United States bonds, notes, and bills for which the full
  609  faith and credit of the government of the United States is
  610  pledged for the payment of principal and interest.
  611         3. General obligation bonds and notes of any political
  612  subdivision of the state.
  613         4. Corporate bonds of any corporation that is not an
  614  affiliate or subsidiary of the depositor.
  615  
  616  Such securities shall be held in trust and shall have at all
  617  times a market value at least equal to an amount required by the
  618  department.
  619         (10) Each Every contract entered into by the department
  620  pursuant to this section shall contain a provision for payment
  621  of liquidated damages to the department for any breach of
  622  contract by the retailer.
  623         (11) The department shall establish procedures by which
  624  each retailer shall account for all tickets sold by the retailer
  625  and account for all funds received by the retailer from such
  626  sales. The contract with each retailer shall include provisions
  627  relating to the sale of tickets, payment of moneys to the
  628  department, reports, service charges, and interest and
  629  penalties, if necessary, as the department shall deem
  630  appropriate.
  631         (12) No Payment by a retailer to the department for tickets
  632  may not shall be in cash. All such payments shall be in the form
  633  of a check, bank draft, electronic fund transfer, or other
  634  financial instrument authorized by the secretary.
  635         (13) Each retailer shall provide accessibility for disabled
  636  persons on habitable grade levels. This subsection does not
  637  apply to a retail location that which has an entrance door
  638  threshold more than 12 inches above ground level. As used in
  639  herein and for purposes of this subsection only, the term
  640  “accessibility for disabled persons on habitable grade levels”
  641  means that retailers shall provide ramps, platforms, aisles and
  642  pathway widths, turnaround areas, and parking spaces to the
  643  extent these are required for the retailer’s premises by the
  644  particular jurisdiction where the retailer is located.
  645  Accessibility shall be required to only one point of sale of
  646  lottery tickets for each lottery retailer location. The
  647  requirements of this subsection shall be deemed to have been met
  648  if, in lieu of the foregoing, disabled persons can purchase
  649  tickets from the retail location by means of a drive-up window,
  650  provided the hours of access at the drive-up window are not less
  651  than those provided at any other entrance at that lottery
  652  retailer location. Inspections for compliance with this
  653  subsection shall be performed by those enforcement authorities
  654  responsible for enforcement pursuant to s. 553.80 in accordance
  655  with procedures established by those authorities. Those
  656  enforcement authorities shall provide to the Department of the
  657  Lottery a certification of noncompliance for any lottery
  658  retailer not meeting such requirements.
  659         (14) The secretary may, after filing with the Department of
  660  State his or her manual signature certified by the secretary
  661  under oath, execute or cause to be executed contracts between
  662  the department and retailers by means of engraving, imprinting,
  663  stamping, or other facsimile signature.
  664         (15) A vending machine may be used to dispense online
  665  lottery tickets, instant lottery tickets, or both online and
  666  instant lottery tickets.
  667         (a) The vending machine must:
  668         1. Dispense a lottery ticket after a purchaser inserts a
  669  coin or currency in the machine.
  670         2. Be capable of being electronically deactivated for a
  671  period of 5 minutes or more.
  672         3. Be designed to prevent its use for any purpose other
  673  than dispensing a lottery ticket.
  674         (b) In order to be authorized to use a vending machine to
  675  dispense lottery tickets, a retailer must:
  676         1. Locate the vending machine in the retailer’s direct line
  677  of sight to ensure that purchases are only made by persons at
  678  least 18 years of age.
  679         2. Ensure that at least one employee is on duty when the
  680  vending machine is available for use. However, if the retailer
  681  has previously violated s. 24.1055, at least two employees must
  682  be on duty when the vending machine is available for use.
  683         (c) A vending machine that dispenses a lottery ticket may
  684  dispense change to a purchaser but may not be used to redeem any
  685  type of winning lottery ticket.
  686         (d) The vending machine, or any machine or device linked to
  687  the vending machine, may not include or make use of video reels
  688  or mechanical reels or other video depictions of slot machine or
  689  casino game themes or titles for game play. This does not
  690  preclude the use of casino game themes or titles on such tickets
  691  or signage or advertising displays on the machines.
  692         (16) The department, a retailer operating from one or more
  693  locations, or a vendor approved by the department may use a
  694  point-of-sale terminal to facilitate the sale of a lottery
  695  ticket.
  696         (a) A point-of-sale terminal must:
  697         1. Dispense a paper lottery ticket with numbers selected by
  698  the purchaser or selected randomly by the machine after the
  699  purchaser uses a credit card, debit card, or other similar
  700  charge card issued by a bank, savings association, credit union,
  701  or charge card company or issued by a retailer pursuant to part
  702  II of chapter 520 for payment;
  703         2. Recognize a valid driver license or use another age
  704  verification process approved by the department to ensure that
  705  only persons at least 18 years of age may purchase a lottery
  706  ticket;
  707         3.Process a lottery transaction through a platform that is
  708  certified or otherwise approved by the department; and
  709         4. Be in compliance with all applicable department
  710  requirements related to the lottery ticket offered for sale.
  711         (b) A point-of-sale terminal does not reveal winning
  712  numbers, which are selected at a subsequent time and different
  713  location through a drawing by the state lottery.
  714         (c) A point-of-sale terminal, or any machine or device
  715  linked to the point-of-sale terminal, may not include or make
  716  use of video reels or mechanical reels or other video depictions
  717  of slot machine or casino game themes or titles for game play.
  718  This does not preclude the use of casino game themes or titles
  719  on a lottery ticket or game or on the signage or advertising
  720  displays on the terminal.
  721         (d)A point-of-sale terminal may not be used to redeem a
  722  winning ticket.
  723         Section 4. Effective upon becoming a law, paragraph (a) of
  724  subsection (1), subsection (3), and present subsections (9),
  725  (11), and (14) of section 285.710, Florida Statutes, are
  726  amended, present subsections (4) through (14) of that section
  727  are redesignated as subsections (5) through (15), respectively,
  728  and a new subsection (4) is added to that section, to read:
  729         285.710 Compact authorization.—
  730         (1) As used in this section, the term:
  731         (a) “Compact” means the Gaming Compact between the Seminole
  732  Tribe of Florida and the State of Florida, executed on April 7,
  733  2010.
  734         (3)(a)A The gaming compact between the Seminole Tribe of
  735  Florida and the State of Florida, executed by the Governor and
  736  the Tribe on April 7, 2010, was is ratified and approved by
  737  chapter 2010-29, Laws of Florida. The Governor shall cooperate
  738  with the Tribe in seeking approval of the compact from the
  739  United States Secretary of the Interior.
  740         (b) The Gaming Compact between the Seminole Tribe of
  741  Florida and the State of Florida, which was executed by the
  742  Governor and the Tribe on December 7, 2015, shall be deemed
  743  ratified and approved only if amended as specified in subsection
  744  (4).
  745         (c) Upon approval or deemed approval by the United States
  746  Department of Interior and publication in the Federal Register,
  747  the amended Gaming Compact supersedes the gaming compact
  748  ratified and approved by chapter 2010-29, Laws of Florida. The
  749  Governor shall cooperate with the Tribe in seeking approval of
  750  the amended Gaming Compact from the United States Secretary of
  751  the Interior. The Secretary of the Department of Business and
  752  Professional Regulation is directed to notify in writing the
  753  Governor, the President of the Senate, the Speaker of the House
  754  of Representatives, and the Division of Law Revision and
  755  Information of the effective date of the compact, amended as
  756  required by this act, which has been published in the Federal
  757  Register by the Department of the Interior within 5 days after
  758  such publication.
  759         (4) The compact executed on December 7, 2015, shall be
  760  amended by an agreement between the Governor and the Tribe to:
  761         (a) Become effective after it is approved as a tribal-state
  762  compact within the meaning of the Indian Gaming Regulatory Act
  763  by action of the United States Secretary of the Interior or by
  764  operation of law under 25 U.S.C. s. 2710(d)(8), and upon
  765  publication of a notice of approval in the Federal Register
  766  under 25 U.S.C. s. 2710(d)(8)(D);
  767         (b) Require that the State of Florida and the Tribe
  768  dismiss, with prejudice, any and all pending motions for
  769  rehearing or any pending appeals arising from State of Florida
  770  v. Seminole Tribe of Florida (Consolidated Case No. 4:15cv516
  771  RH/CAS; United States District Court in and for the Northern
  772  District of Florida); and
  773         (c)Incorporate the following exceptions to the exclusivity
  774  provided to the Tribe under the gaming compact executed on
  775  December 7, 2015:
  776         1.Point-of-sale lottery ticket sales are permitted in
  777  accordance with chapter 24, as amended by this act;
  778         2.Fantasy contests conducted in accordance with ss.
  779  546.11-546.18, as created by this act;
  780         3.Slot machines operated in accordance with chapter 551,
  781  as amended by this act;
  782         4.The game of blackjack, in accordance with s. 551.1044,
  783  as created by this act;
  784         5.Designated player games of poker conducted at cardrooms
  785  in accordance with chapter 849, as amended by this act, and in
  786  compliance with Rule Chapter 61D-11, Florida Administrative
  787  Code;
  788         6.Those activities claimed to be violations of the gaming
  789  compact between the Seminole Tribe of Florida and the State of
  790  Florida, executed by the Governor and the Tribe on April 7,
  791  2010, in the legal actions consolidated and heard in State of
  792  Florida v. Seminole Tribe of Florida (Consolidated Case No.
  793  4:15cv516-RH/CAS; United States District Court in and for the
  794  Northern District of Florida); and
  795         7. All activities authorized and conducted pursuant to
  796  Florida law, as amended by this act.
  797  
  798  The incorporation of all such provisions may not impact or
  799  change the payments required to the state under part XI of the
  800  compact during the Guarantee Payment Period and the Regular
  801  Payment Period and may not change or impact the Guaranteed
  802  Minimum Compact Term Payment required to be paid to the state
  803  under the compact or any other payment required to be paid by
  804  the Tribe under the compact. The compact may not be amended to
  805  prorate or reduce any amount required to be paid to the state
  806  during the first fiscal year of the Guaranteed Payment Period or
  807  any other time during which the compact is effective, regardless
  808  of the date on which the compact becomes effective. Part XI of
  809  the compact shall be amended to delete provisions concerning
  810  payments required to be paid to the state during the Initial
  811  Payment Period.
  812         (10)(9) The moneys paid by the Tribe to the state for the
  813  benefit of exclusivity under the compact ratified by this
  814  section shall be deposited into the General Revenue Fund. Three
  815  percent of the amount paid by the Tribe to the state shall be
  816  designated as the local government share and shall be
  817  distributed as provided in subsections (10) and (11) and (12).
  818         (12)(11) Upon receipt of the annual audited revenue figures
  819  from the Tribe and completion of the calculations as provided in
  820  subsection (11) (10), the state compliance agency shall certify
  821  the results to the Chief Financial Officer and shall request the
  822  distributions to be paid from the General Revenue Fund within 30
  823  days after authorization of nonoperating budget authority
  824  pursuant to s. 216.181(12).
  825         (15)(14) Notwithstanding any other provision of state law,
  826  it is not a crime for a person to participate in the games
  827  specified in subsection (14) (13) at a tribal facility operating
  828  under the compact entered into pursuant to this section.
  829         Section 5. Subsection (14) of section 285.710, Florida
  830  Statutes, as amended by this act, is amended to read:
  831         285.710 Compact authorization.—
  832         (14) For the purpose of satisfying the requirement in 25
  833  U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
  834  under an Indian gaming compact must be permitted in the state
  835  for any purpose by any person, organization, or entity, the
  836  following class III games or other games specified in this
  837  section are hereby authorized to be conducted by the Tribe
  838  pursuant to the compact:
  839         (a) Slot machines, as defined in s. 551.102(8).
  840         (b) Banking or banked card games, including baccarat,
  841  chemin de fer, and blackjack or 21 at the tribal facilities in
  842  Broward County, Collier County, and Hillsborough County.
  843         (c) Dice games, such as craps and sic-bo.
  844         (d) Wheel games, such as roulette and big six.
  845         (e)(c) Raffles and drawings.
  846         Section 6. Subsection (4) of section 285.712, Florida
  847  Statutes, is amended to read:
  848         285.712 Tribal-state gaming compacts.—
  849         (4) Upon receipt of an act ratifying a tribal-state
  850  compact, the Secretary of State shall forward a copy of the
  851  executed compact and the ratifying act to the United States
  852  Secretary of the Interior for his or her review and approval, in
  853  accordance with 25 U.S.C. s. 2710(d)(8) s. 2710(8)(d).
  854         Section 7. Section 546.11, Florida Statutes, is created to
  855  read:
  856         546.11 Short title.—Sections 546.11-546.18 may be cited as
  857  the “Fantasy Contest Amusement Act.”
  858         Section 8. Section 546.12, Florida Statutes, is created to
  859  read:
  860         546.12 Legislative intent.—It is the intent of the
  861  Legislature to ensure public confidence in the integrity of
  862  fantasy contests and fantasy contest operators. This act is
  863  designed to strictly regulate the operators of fantasy contests
  864  and individuals who participate in such contests and to adopt
  865  consumer protections related to fantasy contests. Furthermore,
  866  the Legislature finds that fantasy contests, as that term is
  867  defined in s. 546.13, involve the skill of contest participants.
  868         Section 9. Section 546.13, Florida Statutes, is created to
  869  read:
  870         546.13 Definitions.—As used in ss. 546.11-546.18, the term:
  871         (1) “Act” means ss. 546.11-546.18.
  872         (2) “Confidential information” means information related to
  873  the playing of fantasy contests by contest participants which is
  874  obtained solely as a result of a person’s employment with, or
  875  work as an agent of, a contest operator.
  876         (3) “Contest operator” means a person or entity that offers
  877  fantasy contests for a cash prize to members of the public.
  878         (4) “Contest participant” means a person who pays an entry
  879  fee for the ability to participate in a fantasy contest offered
  880  by a contest operator.
  881         (5) “Entry fee” means the cash or cash equivalent amount
  882  that is required to be paid by a person to a contest operator to
  883  participate in a fantasy contest.
  884         (6) “Fantasy contest” means a fantasy or simulation sports
  885  game or contest offered by a contest operator or a noncommercial
  886  contest operator in which a contest participant manages a
  887  fantasy or simulation sports team composed of athletes from a
  888  professional sports organization and which meets the following
  889  conditions:
  890         (a) All prizes and awards offered to winning contest
  891  participants are established and made known to the contest
  892  participants in advance of the game or contest and their value
  893  is not determined by the number of contest participants or the
  894  amount of any fees paid by those contest participants.
  895         (b) All winning outcomes reflect the relative knowledge and
  896  skill of the contest participants and are determined
  897  predominantly by accumulated statistical results of the
  898  performance of the athletes participating in multiple real-world
  899  sporting or other events. However, a winning outcome may not be
  900  based:
  901         1. On the score, point spread, or any performance or
  902  performances of a single real-world team or any combination of
  903  such teams;
  904         2. Solely on any single performance of an individual
  905  athlete in a single real-world sporting or other event;
  906         3. On a live pari-mutuel event, as the term “pari-mutuel”
  907  is defined in s. 550.002; or
  908         4. On the performance of athletes participating in an
  909  amateur sporting event.
  910         (7) “Noncommercial contest operator” means a person who
  911  organizes and conducts a fantasy contest in which contest
  912  participants are charged entry fees for the right to
  913  participate; entry fees are collected, maintained, and
  914  distributed by the same person; and all entry fees are returned
  915  to the contest participants in the form of prizes.
  916         (8) “Office” means the Office of Contest Amusements created
  917  in s. 546.14.
  918         Section 10. Section 546.14, Florida Statutes is created to
  919  read:
  920         546.14 Office of Contest Amusements.—
  921         (1) The Office of Contest Amusements is created within the
  922  Department of Business and Professional Regulation. The office
  923  shall operate under the supervision of a senior manager exempt
  924  under s. 110.205 in the Senior Management Service appointed by
  925  the Secretary of Business and Professional Regulation.
  926         (2) The duties of the office include, but are not limited
  927  to, administering and enforcing this act and any rules adopted
  928  pursuant to this act. The office may work with department
  929  personnel as needed to assist in fulfilling its duties.
  930         (3) The office may:
  931         (a) Conduct investigations and monitor the operation and
  932  play of fantasy contests.
  933         (b) Review the books, accounts, and records of any current
  934  or former contest operator.
  935         (c) Suspend or revoke any license issued under this act,
  936  after a hearing, for any violation of state law or rule.
  937         (d) Take testimony, issue summons and subpoenas for any
  938  witness, and issue subpoenas duces tecum in connection with any
  939  matter within its jurisdiction.
  940         (e) Monitor and ensure the proper collection and
  941  safeguarding of entry fees and the payment of contest prizes in
  942  accordance with consumer protection procedures adopted pursuant
  943  to s. 546.16.
  944         (4) The office may adopt rules to implement and administer
  945  this act.
  946         Section 11. Section 546.15, Florida Statutes, is created to
  947  read:
  948         546.15 Licensing.—
  949         (1) A contest operator that offers fantasy contests for
  950  play by persons in this state must be licensed by the office to
  951  conduct fantasy contests within this state. The initial license
  952  application fee is $500,000, and the annual license renewal fee
  953  is $100,000; however, the respective fees may not exceed 10
  954  percent of the difference between the amount of entry fees
  955  collected by a contest operator from the operation of fantasy
  956  contests in this state and the amount of cash or cash
  957  equivalents paid to contest participants in this state. The
  958  office shall require the contest operator to provide written
  959  evidence of the proposed amount of entry fees and cash or cash
  960  equivalents to be paid to contest participants during the annual
  961  license period. Before renewing a license, the contest operator
  962  shall provide written evidence to the office of the actual entry
  963  fees collected and cash or cash equivalents paid to contest
  964  participants during the previous period of licensure. The
  965  contest operator shall remit to the office any difference in
  966  license fee which results from the difference between the
  967  proposed amount of entry fees and cash or cash equivalents paid
  968  to contest participants and the actual amounts collected and
  969  paid.
  970         (2) The office shall grant or deny a completed application
  971  within 120 days after receipt. A completed application that is
  972  not acted upon by the office within 120 days after receipt is
  973  deemed approved, and the office shall issue the license.
  974  Applications for a contest operator’s license are exempt from
  975  the 90-day licensure timeframe imposed in s. 120.60(1).
  976         (3) The application must include:
  977         (a) The full name of the applicant.
  978         (b) If the applicant is a corporation, the name of the
  979  state in which the applicant is incorporated and the names and
  980  addresses of the officers, directors, and shareholders who hold
  981  15 percent or more equity.
  982         (c) If the applicant is a business entity other than a
  983  corporation, the names and addresses of each principal, partner,
  984  or shareholder who holds 15 percent or more equity.
  985         (d) The names and addresses of the ultimate equitable
  986  owners of the corporation or other business entity, if different
  987  from those provided under paragraphs (b) and (c), unless the
  988  securities of the corporation or entity are registered pursuant
  989  to s. 12 of the Securities Exchange Act of 1934, 15 U.S.C. ss.
  990  78a-78kk, and:
  991         1. The corporation or entity files with the United States
  992  Securities and Exchange Commission the reports required by s. 13
  993  of that act; or
  994         2. The securities of the corporation or entity are
  995  regularly traded on an established securities market in the
  996  United States.
  997         (e) The estimated number of fantasy contests to be
  998  conducted by the applicant annually.
  999         (f) A statement of the assets and liabilities of the
 1000  applicant.
 1001         (g) If required by the office, the names and addresses of
 1002  the officers and directors of any creditor of the applicant and
 1003  of stockholders who hold more than 10 percent of the stock of
 1004  the creditor.
 1005         (h) For each individual listed in the application pursuant
 1006  to paragraph (a), paragraph (b), paragraph (c) or paragraph (d),
 1007  a full set of fingerprints to be submitted to the office or to a
 1008  vendor, entity, or agency authorized by s. 943.053(13).
 1009         1. The office, vendor, entity, or agency shall forward the
 1010  fingerprints to the Department of Law Enforcement for state
 1011  processing, and the Department of Law Enforcement shall forward
 1012  the fingerprints to the Federal Bureau of Investigation for
 1013  national processing.
 1014         2.Fees for state and federal fingerprint processing and
 1015  retention shall be borne by the applicant. The state cost for
 1016  fingerprint processing shall be as provided in s. 943.053(3)(b)
 1017  for records provided to persons or entities other than those
 1018  specified as exceptions therein.
 1019         3.Fingerprints submitted to the Department of Law
 1020  Enforcement pursuant to this paragraph shall be retained by the
 1021  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1022  (h) and, when the Department of Law Enforcement begins
 1023  participation in the program, enrolled in the Federal Bureau of
 1024  Investigation’s national retained print arrest notification
 1025  program. Any arrest record identified shall be reported to the
 1026  department.
 1027         (i) For each foreign national, such documents as necessary
 1028  to allow the office to conduct criminal history records checks
 1029  in the individual’s home country. The applicant must pay the
 1030  full cost of processing fingerprints and required documentation.
 1031  The office also may charge a $2 handling fee for each set of
 1032  fingerprints submitted.
 1033         (4) A person or entity is not eligible for licensure as a
 1034  contest operator or for licensure renewal if an individual
 1035  required to be listed pursuant to paragraph (3)(a), paragraph
 1036  (3)(b), paragraph (3)(c), or paragraph (3)(d) is determined by
 1037  the office, after investigation, not to be of good moral
 1038  character or is found to have been convicted of a felony in this
 1039  state, any offense in another jurisdiction which would be
 1040  considered a felony if committed in this state, or a felony
 1041  under the laws of the United States. As used in this subsection,
 1042  the term “convicted” means having been found guilty, with or
 1043  without adjudication of guilt, as a result of a jury verdict,
 1044  nonjury trial, or entry of a plea of guilty or nolo contendere.
 1045         (5)The office may suspend, revoke, or deny the license of
 1046  a contest operator who fails to comply with this act or rules
 1047  adopted pursuant to this act.
 1048         Section 12. Section 546.16, Florida Statutes, is created to
 1049  read:
 1050         546.16 Consumer protection.—
 1051         (1) A contest operator that charges an entry fee to contest
 1052  participants shall implement procedures for fantasy contests
 1053  which:
 1054         (a) Prevent employees of the contest operator, and
 1055  relatives living in the same household as such employees, from
 1056  competing in a fantasy contest in which a cash prize is awarded.
 1057         (b) Prohibit the contest operator from being a contest
 1058  participant in a fantasy contest that he or she offers.
 1059         (c) Prevent employees or agents of the contest operator
 1060  from sharing with a third party confidential information that
 1061  could affect fantasy contest play until the information has been
 1062  made publicly available.
 1063         (d) Verify that contest participants are 18 years of age or
 1064  older.
 1065         (e) Restrict an individual who is a player, a game
 1066  official, or another participant in a real-world game or
 1067  competition from participating in a fantasy contest that is
 1068  determined, in whole or in part, on the performance of that
 1069  individual, the individual’s real-world team, or the accumulated
 1070  statistical results of the sport or competition in which he or
 1071  she is a player, game official, or other participant.
 1072         (f) Allow individuals to restrict or prevent their own
 1073  access to such a fantasy contest and take reasonable steps to
 1074  prevent those individuals from entering a fantasy contest.
 1075         (g) Limit the number of entries a single contest
 1076  participant may submit to each fantasy contest and take
 1077  reasonable steps to prevent participants from submitting more
 1078  than the allowable number of entries.
 1079         (h) Segregate contest participants’ funds from operational
 1080  funds or maintain a reserve in the form of cash, cash
 1081  equivalents, payment processor reserves, payment processor
 1082  receivables, an irrevocable letter of credit, a bond, or a
 1083  combination thereof in the total amount of deposits in contest
 1084  participants’ accounts for the benefit and protection of
 1085  authorized contest participants’ funds held in fantasy contest
 1086  accounts.
 1087         (2) A contest operator that offers fantasy contests in this
 1088  state which require contest participants to pay an entry fee
 1089  shall annually contract with a third party to perform an
 1090  independent audit, consistent with the standards established by
 1091  the American Institute of Certified Public Accountants, to
 1092  ensure compliance with this act. The contest operator shall
 1093  submit the results of the independent audit to the office no
 1094  later than 90 days after the end of each annual licensing
 1095  period.
 1096         Section 13. Section 546.17, Florida Statutes, is created to
 1097  read:
 1098         546.17 Records and reports.—Each contest operator shall
 1099  keep and maintain daily records of its operations and shall
 1100  maintain such records for at least 3 years. The records must
 1101  sufficiently detail all financial transactions to determine
 1102  compliance with the requirements of this act and must be
 1103  available for audit and inspection by the office or other law
 1104  enforcement agencies during the contest operator’s regular
 1105  business hours. The office shall adopt rules to implement this
 1106  subsection.
 1107         Section 14. Section 546.18, Florida Statutes, is created to
 1108  read:
 1109         546.18 Penalties; applicability; exemption.—
 1110         (1)(a) A contest operator, or an employee or agent thereof,
 1111  who violates this act is subject to a civil penalty, not to
 1112  exceed $5,000 for each violation and not to exceed $100,000 in
 1113  the aggregate, which shall accrue to the state. An action to
 1114  recover such penalties may be brought by the office or the
 1115  Department of Legal Affairs in the circuit courts in the name
 1116  and on behalf of the state.
 1117         (b) The penalty provisions established in this subsection
 1118  do not apply to violations committed by a contest operator which
 1119  occurred prior to the issuance of a license under this act if
 1120  the contest operator applies for a license within 90 days after
 1121  the effective date of this section and receives a license within
 1122  240 days after the effective date of this section.
 1123         (2) Fantasy contests conducted by a contest operator or
 1124  noncommercial contest operator in accordance with this act are
 1125  not subject to s. 849.01, s. 849.08, s. 849.09, s. 849.11, s.
 1126  849.14, or s. 849.25.
 1127         Section 15. The Division of Law Revision and Information is
 1128  directed to replace the phrase “the effective date of this
 1129  section” wherever it occurs in s. 546.18, Florida Statutes, with
 1130  the date that section becomes effective.
 1131         Section 16. Subsection (11) of section 550.002, Florida
 1132  Statutes, is amended to read:
 1133         550.002 Definitions.—As used in this chapter, the term:
 1134         (11)(a) “Full schedule of live racing or games” means:,
 1135         1. For a greyhound racing permitholder or jai alai
 1136  permitholder, the conduct of a combination of at least 100 live
 1137  evening or matinee performances during the preceding year.; for
 1138  a permitholder who has a converted permit or filed an
 1139  application on or before June 1, 1990, for a converted permit,
 1140  the conduct of a combination of at least 100 live evening and
 1141  matinee wagering performances during either of the 2 preceding
 1142  years;
 1143         2. For a jai alai permitholder that who does not possess a
 1144  operate slot machine license machines in its pari-mutuel
 1145  facility, who has conducted at least 100 live performances per
 1146  year for at least 10 years after December 31, 1992, and has had
 1147  whose handle on live jai alai games conducted at its pari-mutuel
 1148  facility which was has been less than $4 million per state
 1149  fiscal year for at least 2 consecutive years after June 30,
 1150  1992, the conduct of a combination of at least 40 live evening
 1151  or matinee performances during the preceding year.;
 1152         3. For a jai alai permitholder that possesses a who
 1153  operates slot machine license machines in its pari-mutuel
 1154  facility, the conduct of a combination of at least 150
 1155  performances during the preceding year.;
 1156         4. For a jai alai permitholder that does not possess a slot
 1157  machine license, the conduct of at least 58 live performances
 1158  during the preceding year, unless the permitholder meets the
 1159  requirements of subparagraph 2.
 1160         5. For a harness horse racing permitholder, the conduct of
 1161  at least 100 live regular wagering performances during the
 1162  preceding year.;
 1163         6. For a quarter horse racing permitholder at its facility,
 1164  unless an alternative schedule of at least 20 live regular
 1165  wagering performances each year is agreed upon by the
 1166  permitholder and either the Florida Quarter Horse Racing
 1167  Association or the horsemen’s association representing the
 1168  majority of the quarter horse owners and trainers at the
 1169  facility and filed with the division along with its annual
 1170  operating license date application:,
 1171         a. In the 2010-2011 fiscal year, the conduct of at least 20
 1172  regular wagering performances.,
 1173         b. In the 2011-2012 and 2012-2013 fiscal years, the conduct
 1174  of at least 30 live regular wagering performances., and
 1175         c. For every fiscal year after the 2012-2013 fiscal year,
 1176  the conduct of at least 40 live regular wagering performances.;
 1177         7. For a quarter horse racing permitholder leasing another
 1178  licensed racetrack, the conduct of 160 events at the leased
 1179  facility during the preceding year.; and
 1180         8. For a thoroughbred racing permitholder, the conduct of
 1181  at least 40 live regular wagering performances during the
 1182  preceding year.
 1183         (b)For a permitholder which is restricted by statute to
 1184  certain operating periods within the year when other members of
 1185  its same class of permit are authorized to operate throughout
 1186  the year, the specified number of live performances which
 1187  constitute a full schedule of live racing or games shall be
 1188  adjusted pro rata in accordance with the relationship between
 1189  its authorized operating period and the full calendar year and
 1190  the resulting specified number of live performances shall
 1191  constitute the full schedule of live games for such permitholder
 1192  and all other permitholders of the same class within 100 air
 1193  miles of such permitholder. A live performance must consist of
 1194  no fewer than eight races or games conducted live for each of a
 1195  minimum of three performances each week at the permitholder’s
 1196  licensed facility under a single admission charge.
 1197         Section 17. Subsections (1), (3), and (6) of section
 1198  550.01215, Florida Statutes, are amended, and subsection (7) is
 1199  added to that section, to read:
 1200         550.01215 License application; periods of operation; bond,
 1201  conversion of permit.—
 1202         (1) Each permitholder shall annually, during the period
 1203  between December 15 and January 4, file in writing with the
 1204  division its application for an operating a license to conduct
 1205  pari-mutuel wagering during the next fiscal year, including
 1206  intertrack and simulcast race wagering for greyhound racing
 1207  permitholders, jai alai permitholders, harness horse racing
 1208  permitholders, quarter horse racing permitholders, and
 1209  thoroughbred horse racing permitholders that do not to conduct
 1210  live performances during the next state fiscal year. Each
 1211  application for live performances must shall specify the number,
 1212  dates, and starting times of all live performances that which
 1213  the permitholder intends to conduct. It must shall also specify
 1214  which performances will be conducted as charity or scholarship
 1215  performances.
 1216         (a)In addition, Each application for an operating a
 1217  license also must shall include:,
 1218         1. For each permitholder, whether the permitholder intends
 1219  to accept wagers on intertrack or simulcast events. As a
 1220  condition on the ability to accept wagers on intertrack or
 1221  simulcast events, each permitholder accepting wagers on
 1222  intertrack or simulcast events must make available for wagering
 1223  to its patrons all available live races conducted by
 1224  thoroughbred horse permitholders.
 1225         2.For each permitholder that elects which elects to
 1226  operate a cardroom, the dates and periods of operation the
 1227  permitholder intends to operate the cardroom. or,
 1228         3. For each thoroughbred racing permitholder that which
 1229  elects to receive or rebroadcast out-of-state races after 7
 1230  p.m., the dates for all performances which the permitholder
 1231  intends to conduct.
 1232         (b)A greyhound racing permitholder that conducted a full
 1233  schedule of live racing for a period of at least 10 consecutive
 1234  state fiscal years after the 1996-1997 state fiscal year, or
 1235  that converted its permit to a permit to conduct greyhound
 1236  racing after the 1996-1997 state fiscal year, may specify in its
 1237  application for an operating license that it does not intend to
 1238  conduct live racing, or that it intends to conduct less than a
 1239  full schedule of live racing, in the next state fiscal year. A
 1240  greyhound racing permitholder may receive an operating license
 1241  to conduct pari-mutuel wagering activities at another
 1242  permitholder’s greyhound racing facility pursuant to s. 550.475.
 1243         (c)1.A thoroughbred horse racing permitholder that has
 1244  conducted live racing for at least 5 years may elect not to
 1245  conduct live racing, if such election is made within 30 days
 1246  after the effective date of this act. A thoroughbred horse
 1247  racing permitholder that makes such election may retain such
 1248  permit, must specify in future applications for an operating
 1249  license that it does not intend to conduct live racing, and is a
 1250  pari-mutuel facility as defined in s. 550.002(23).
 1251         2.If a thoroughbred horse racing permitholder makes such
 1252  election and if such permitholder holds a slot machine license
 1253  when such election is made, the facility where such permit is
 1254  located:
 1255         a.Remains an eligible facility pursuant to s. 551.102(4),
 1256  and continues to be eligible for a slot machine license;
 1257         b.Is exempt from ss. 550.5251, 551.104(3) and (4)(c)1.,
 1258  and 551.114(2) and (4);
 1259         c.Is eligible, but not required, to be a guest track for
 1260  purposes of intertrack wagering and simulcasting; and
 1261         d.Remains eligible for a cardroom license, notwithstanding
 1262  any requirement for the conduct of live racing pursuant to s.
 1263  849.086.
 1264         3.A thoroughbred horse racing permitholder that makes such
 1265  election shall comply with all contracts regarding contributions
 1266  by such permitholder to thoroughbred horse purse supplements or
 1267  breeders’ awards entered into before the effective date of this
 1268  act pursuant to s. 551.104(10)(a). At the time of such election,
 1269  such permitholder shall file with the division an irrevocable
 1270  consent that such contributions shall be allowed to be used for
 1271  purses and awards on live races at other thoroughbred horse
 1272  racing facilities in this state. This subparagraph and s.
 1273  551.104(10)(a) shall not apply after December 31, 2020, to a
 1274  thoroughbred horse racing permitholder that made such election.
 1275         (d) Any harness horse racing permitholder and any quarter
 1276  horse racing permitholder that has held an operating license for
 1277  at least 5 years is exempt from the live racing requirements of
 1278  this subsection and may specify in its annual application for an
 1279  operating license that it does not intend to conduct live
 1280  racing, or that it intends to conduct less than a full schedule
 1281  of live racing, in the next state fiscal year.
 1282         (e) A jai alai permitholder that has held an operating
 1283  license for at least 5 years is exempt from the live jai alai
 1284  requirements of this subsection and may specify in its annual
 1285  application for an operating license that it does not intend to
 1286  conduct live jai alai, or that it intends to conduct less than a
 1287  full schedule of live jai alai, in the next state fiscal year.
 1288  
 1289  A permitholder described in paragraph (b), paragraph (d), or
 1290  paragraph (e) may retain its permit and is a pari-mutuel
 1291  facility as defined in s. 550.002(23). If such permitholder has
 1292  been issued a slot machine license, the facility where such
 1293  permit is located remains an eligible facility as defined in s.
 1294  551.102(4) and continues to be eligible for a slot machine
 1295  license; is exempt from s. 551.104(3) and (4)(c)1., and s.
 1296  551.114(2) and (4); is eligible, but not required, to be a guest
 1297  track or, if the permitholder is a harness horse racing
 1298  permitholder, a host track for purposes of intertrack wagering
 1299  and simulcasting pursuant to ss. 550.3551, 550.615, 550.625, and
 1300  550.6305; and remains eligible for a cardroom license,
 1301  notwithstanding any requirement for the conduct of live racing
 1302  performances contained in s. 849.086.
 1303         (f) Permitholders may shall be entitled to amend their
 1304  applications through February 28.
 1305         (3) The division shall issue each license no later than
 1306  March 15. Each permitholder shall operate all performances at
 1307  the date and time specified on its license. The division shall
 1308  have the authority to approve minor changes in racing dates
 1309  after a license has been issued. The division may approve
 1310  changes in racing dates after a license has been issued when
 1311  there is no objection from any operating permitholder located
 1312  within 50 miles of the permitholder requesting the changes in
 1313  operating dates. In the event of an objection, the division
 1314  shall approve or disapprove the change in operating dates based
 1315  upon the impact on operating permitholders located within 50
 1316  miles of the permitholder requesting the change in operating
 1317  dates. In making the determination to change racing dates, the
 1318  division shall take into consideration the impact of such
 1319  changes on state revenues. Notwithstanding any other provision
 1320  of law, and for the 2017-2018 fiscal year only, the division may
 1321  approve changes in racing dates for permitholders if the request
 1322  for such changes is received before August 31, 2017.
 1323         (6) A summer jai alai permitholder may apply for an
 1324  operating license to operate a jai alai fronton only during the
 1325  summer season beginning May 1 and ending November 30 of each
 1326  year on such dates as may be selected by the permitholder. Such
 1327  permitholder is subject to the same taxes, rules, and provisions
 1328  of this chapter which apply to the operation of winter jai alai
 1329  frontons. A summer jai alai permitholder is not eligible for
 1330  licensure to operate a slot machine facility. A summer jai alai
 1331  permitholder and a winter jai alai permitholder may not operate
 1332  on the same days or in competition with each other. This
 1333  subsection does not prevent a summer jai alai licensee from
 1334  leasing the facilities of a winter jai alai licensee for the
 1335  operation of a summer meet Any permit which was converted from a
 1336  jai alai permit to a greyhound permit may be converted to a jai
 1337  alai permit at any time if the permitholder never conducted
 1338  greyhound racing or if the permitholder has not conducted
 1339  greyhound racing for a period of 12 consecutive months.
 1340         (7) In addition to seeking a license under any other
 1341  provision of this section, if any of the following conditions
 1342  exist on February 1 of any year, the holder of a limited
 1343  thoroughbred racing permit under s. 550.3345 which did not file
 1344  an application for live performances between December 15 and
 1345  January 31 may apply to conduct live performances, and such
 1346  application must be filed before March 31, with the resulting
 1347  license issued no later than April 15:
 1348         (a) All thoroughbred racing permitholders with slot machine
 1349  licenses have not collectively sought pari-mutuel wagering
 1350  licenses for at least 160 performances and a minimum of 1,760
 1351  races in the next state fiscal year.
 1352         (b) All thoroughbred racing permitholders have not
 1353  collectively sought pari-mutuel wagering licenses for at least
 1354  200 performances or a minimum of 1,760 races in the next state
 1355  fiscal year.
 1356         (c) All thoroughbred racing permitholders did not
 1357  collectively run at least 1,760 races in the previous state
 1358  fiscal year.
 1359         Section 18. Subsection (1) of section 550.0251, Florida
 1360  Statutes, is amended to read:
 1361         550.0251 The powers and duties of the Division of Pari
 1362  mutuel Wagering of the Department of Business and Professional
 1363  Regulation.—The division shall administer this chapter and
 1364  regulate the pari-mutuel industry under this chapter and the
 1365  rules adopted pursuant thereto, and:
 1366         (1) The division shall make an annual report for the prior
 1367  fiscal year to the Governor, the President of the Senate, and
 1368  the Speaker of the House of Representatives. The report shall
 1369  include, at a minimum:
 1370         (a)Recent events in the gaming industry, including pending
 1371  litigation involving permitholders; pending permitholder,
 1372  facility, cardroom, slot, or operating license applications; and
 1373  new and pending rules.
 1374         (b)Actions of the department relating to the
 1375  implementation and administration of this chapter, and chapters
 1376  551 and 849.
 1377         (c)The state revenues and expenses associated with each
 1378  form of authorized gaming. Revenues and expenses associated with
 1379  pari-mutuel wagering must be further delineated by the class of
 1380  license.
 1381         (d)The performance of each pari-mutuel wagering licensee,
 1382  cardroom licensee, and slot machine licensee.
 1383         (e)A summary of disciplinary actions taken by the
 1384  department.
 1385         (f)Any suggestions to more effectively achieve showing its
 1386  own actions, receipts derived under the provisions of this
 1387  chapter, the practical effects of the application of this
 1388  chapter, and any suggestions it may approve for the more
 1389  effectual accomplishments of the purposes of this chapter.
 1390         Section 19. Paragraphs (a) and (b) of subsection (9) of
 1391  section 550.054, Florida Statutes, is amended, and paragraphs
 1392  (c) through (g) are added to that subsection, and paragraph (a)
 1393  of subsection (11) and subsections (13) and (14) of that section
 1394  are amended, to read:
 1395         550.054 Application for permit to conduct pari-mutuel
 1396  wagering.—
 1397         (9)(a) After a permit has been granted by the division and
 1398  has been ratified and approved by the majority of the electors
 1399  participating in the election in the county designated in the
 1400  permit, the division shall grant to the lawful permitholder,
 1401  subject to the conditions of this chapter, a license to conduct
 1402  pari-mutuel operations under this chapter, and, except as
 1403  provided in s. 550.5251, the division shall fix annually the
 1404  time, place, and number of days during which pari-mutuel
 1405  operations may be conducted by the permitholder at the location
 1406  fixed in the permit and ratified in the election. After the
 1407  first license has been issued to the holder of a ratified permit
 1408  for racing in any county, all subsequent annual applications for
 1409  a license by that permitholder must be accompanied by proof, in
 1410  such form as the division requires, that the ratified
 1411  permitholder still possesses all the qualifications prescribed
 1412  by this chapter and that the permit has not been recalled at a
 1413  later election held in the county.
 1414         (b) The division may revoke or suspend any permit or
 1415  license issued under this chapter upon a the willful violation
 1416  by the permitholder or licensee of any provision of this
 1417  chapter, chapter 551, s. 849.086, or rules of any rule adopted
 1418  pursuant thereto under this chapter. With the exception of the
 1419  revocation of permits required in paragraphs (c), (d), (f), and
 1420  (g), In lieu of suspending or revoking a permit or license, the
 1421  division may, in lieu of suspending or revoking a permit or
 1422  license, impose a civil penalty against the permitholder or
 1423  licensee for a violation of this chapter, chapter 551, s.
 1424  849.086, or rules adopted pursuant thereto any rule adopted by
 1425  the division. The penalty so imposed may not exceed $1,000 for
 1426  each count or separate offense. All penalties imposed and
 1427  collected must be deposited with the Chief Financial Officer to
 1428  the credit of the General Revenue Fund.
 1429         (c)Unless a failure to obtain an operating license and to
 1430  operate was the direct result of fire, strike, war, or other
 1431  disaster or event beyond the permitholder’s control, the
 1432  division shall revoke the permit of any permitholder that has
 1433  not obtained an operating license in accordance with s.
 1434  550.01215 for a period of more than 24 consecutive months after
 1435  June 30, 2012. The division shall revoke the permit upon
 1436  adequate notice to the permitholder. Financial hardship to the
 1437  permitholder does not, in and of itself, constitute just cause
 1438  for failure to operate.
 1439         (d)The division shall revoke the permit of any
 1440  permitholder that fails to make payments that are due pursuant
 1441  to s. 550.0951 for more than 24 consecutive months unless such
 1442  failure to pay the tax due on handle was the direct result of
 1443  fire, strike, war, or other disaster or event beyond the
 1444  permitholder’s control. Financial hardship to the permitholder
 1445  does not, in and of itself, constitute just cause for failure to
 1446  pay tax on handle.
 1447         (e)Notwithstanding any other law, a new permit to conduct
 1448  pari-mutuel wagering may not be approved or issued 30 days after
 1449  the effective date of this act.
 1450         (f)A permit revoked under this subsection is void and may
 1451  not be reissued.
 1452         (g)A permitholder may apply to the division to place the
 1453  permit into inactive status for a period of 12 months pursuant
 1454  to division rule. The division, upon good cause shown by the
 1455  permitholder, may renew inactive status for a period of up to 12
 1456  months, but a permit may not be in inactive status for a period
 1457  of more than 24 consecutive months. Holders of permits in
 1458  inactive status are not eligible for licensure for pari-mutuel
 1459  wagering, slot machines, or cardrooms.
 1460         (11)(a) A permit granted under this chapter may not be
 1461  transferred or assigned except upon written approval by the
 1462  division pursuant to s. 550.1815, except that the holder of any
 1463  permit that has been converted to a jai alai permit may lease or
 1464  build anywhere within the county in which its permit is located.
 1465         (13)(a) Notwithstanding any provision provisions of this
 1466  chapter or chapter 551, a pari-mutuel no thoroughbred horse
 1467  racing permit or license issued under this chapter or chapter
 1468  551 may not shall be transferred, or reissued when such
 1469  reissuance is in the nature of a transfer so as to permit or
 1470  authorize a licensee to change the location of a pari-mutuel
 1471  facility, cardroom, or slot machine facility, except through the
 1472  relocation of the pari-mutuel permit pursuant to s. 550.0555.
 1473  thoroughbred horse racetrack except upon proof in such form as
 1474  the division may prescribe that a referendum election has been
 1475  held:
 1476         1.If the proposed new location is within the same county
 1477  as the already licensed location, in the county where the
 1478  licensee desires to conduct the race meeting and that a majority
 1479  of the electors voting on that question in such election voted
 1480  in favor of the transfer of such license.
 1481         2.If the proposed new location is not within the same
 1482  county as the already licensed location, in the county where the
 1483  licensee desires to conduct the race meeting and in the county
 1484  where the licensee is already licensed to conduct the race
 1485  meeting and that a majority of the electors voting on that
 1486  question in each such election voted in favor of the transfer of
 1487  such license.
 1488         (b)Each referendum held under the provisions of this
 1489  subsection shall be held in accordance with the electoral
 1490  procedures for ratification of permits, as provided in s.
 1491  550.0651. The expense of each such referendum shall be borne by
 1492  the licensee requesting the transfer.
 1493         (14)(a)Any holder of a permit to conduct jai alai may
 1494  apply to the division to convert such permit to a permit to
 1495  conduct greyhound racing in lieu of jai alai if:
 1496         1.Such permit is located in a county in which the division
 1497  has issued only two pari-mutuel permits pursuant to this
 1498  section;
 1499         2.Such permit was not previously converted from any other
 1500  class of permit; and
 1501         3.The holder of the permit has not conducted jai alai
 1502  games during a period of 10 years immediately preceding his or
 1503  her application for conversion under this subsection.
 1504         (b)The division, upon application from the holder of a jai
 1505  alai permit meeting all conditions of this section, shall
 1506  convert the permit and shall issue to the permitholder a permit
 1507  to conduct greyhound racing. A permitholder of a permit
 1508  converted under this section shall be required to apply for and
 1509  conduct a full schedule of live racing each fiscal year to be
 1510  eligible for any tax credit provided by this chapter. The holder
 1511  of a permit converted pursuant to this subsection or any holder
 1512  of a permit to conduct greyhound racing located in a county in
 1513  which it is the only permit issued pursuant to this section who
 1514  operates at a leased facility pursuant to s. 550.475 may move
 1515  the location for which the permit has been issued to another
 1516  location within a 30-mile radius of the location fixed in the
 1517  permit issued in that county, provided the move does not cross
 1518  the county boundary and such location is approved under the
 1519  zoning regulations of the county or municipality in which the
 1520  permit is located, and upon such relocation may use the permit
 1521  for the conduct of pari-mutuel wagering and the operation of a
 1522  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1523  apply to any permit converted under this subsection and shall
 1524  continue to apply to any permit which was previously included
 1525  under and subject to such provisions before a conversion
 1526  pursuant to this section occurred.
 1527         Section 20. Section 550.0555, Florida Statutes, is amended
 1528  to read:
 1529         550.0555 Permitholder Greyhound dogracing permits;
 1530  relocation within a county; conditions.—
 1531         (1) It is the finding of the Legislature that pari-mutuel
 1532  wagering on greyhound dogracing provides substantial revenues to
 1533  the state. It is the further finding that, in some cases, this
 1534  revenue-producing ability is hindered due to the lack of
 1535  provisions allowing the relocation of existing dogracing
 1536  operations. It is therefore declared that state revenues derived
 1537  from greyhound dogracing will continue to be jeopardized if
 1538  provisions allowing the relocation of such greyhound racing
 1539  permits are not implemented. This enactment is made pursuant to,
 1540  and for the purpose of, implementing such provisions.
 1541         (2) The following permitholders are Any holder of a valid
 1542  outstanding permit for greyhound dogracing in a county in which
 1543  there is only one dogracing permit issued, as well as any holder
 1544  of a valid outstanding permit for jai alai in a county where
 1545  only one jai alai permit is issued, is authorized, without the
 1546  necessity of an additional county referendum required under s.
 1547  550.0651, to move the location for which the permit has been
 1548  issued to another location within a 30-mile radius of the
 1549  location fixed in the permit issued in that county, provided the
 1550  move does not cross the county boundary, that such relocation is
 1551  approved under the zoning regulations of the county or
 1552  municipality in which the permit is to be located as a planned
 1553  development use, consistent with the comprehensive plan, and
 1554  that such move is approved by the department after it is
 1555  determined that the new location is an existing pari-mutuel
 1556  facility that has held an operating license for at least 5
 1557  consecutive years since 2010 or is at least 10 miles from an
 1558  existing pari-mutuel facility and, if within a county with three
 1559  or more pari-mutuel permits, is at least 10 miles from the
 1560  waters of the Atlantic Ocean:
 1561         (a) Any holder of a valid outstanding greyhound racing
 1562  permit that was previously converted from a jai alai permit;
 1563         (b) Any holder of a valid outstanding greyhound racing
 1564  permit in a county in which there is only one greyhound racing
 1565  permit issued; and
 1566         (c) Any holder of a valid outstanding jai alai permit in a
 1567  county in which there is only one jai alai permit issued. at a
 1568  proceeding pursuant to chapter 120 in the county affected that
 1569  the move is necessary to ensure the revenue-producing capability
 1570  of the permittee without deteriorating the revenue-producing
 1571  capability of any other pari-mutuel permittee within 50 miles;
 1572  
 1573  The distances distance shall be measured on a straight line from
 1574  the nearest property line of one racing plant or jai alai
 1575  fronton to the nearest property line of the other and the
 1576  nearest mean high tide line of the Atlantic Ocean.
 1577         Section 21. Section 550.0745, Florida Statutes, is
 1578  repealed.
 1579         Section 22. Section 550.0951, Florida Statutes, is amended
 1580  to read:
 1581         550.0951 Payment of daily license fee and taxes;
 1582  penalties.—
 1583         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
 1584  business of conducting race meetings or jai alai games under
 1585  this chapter, hereinafter referred to as the “permitholder,”
 1586  “licensee,” or “permittee,” shall pay to the division, for the
 1587  use of the division, a daily license fee on each live or
 1588  simulcast pari-mutuel event of $100 for each horserace, and $80
 1589  for each greyhound race, dograce and $40 for each jai alai game,
 1590  any of which is conducted at a racetrack or fronton licensed
 1591  under this chapter. A In addition to the tax exemption specified
 1592  in s. 550.09514(1) of $360,000 or $500,000 per greyhound
 1593  permitholder per state fiscal year, each greyhound permitholder
 1594  shall receive in the current state fiscal year a tax credit
 1595  equal to the number of live greyhound races conducted in the
 1596  previous state fiscal year times the daily license fee specified
 1597  for each dograce in this subsection applicable for the previous
 1598  state fiscal year. This tax credit and the exemption in s.
 1599  550.09514(1) shall be applicable to any tax imposed by this
 1600  chapter or the daily license fees imposed by this chapter except
 1601  during any charity or scholarship performances conducted
 1602  pursuant to s. 550.0351. Each permitholder may not be required
 1603  to shall pay daily license fees in excess of not to exceed $500
 1604  per day on any simulcast races or games on which such
 1605  permitholder accepts wagers, regardless of the number of out-of
 1606  state events taken or the number of out-of-state locations from
 1607  which such events are taken. This license fee shall be deposited
 1608  with the Chief Financial Officer to the credit of the Pari
 1609  mutuel Wagering Trust Fund.
 1610         (b)Each permitholder that cannot utilize the full amount
 1611  of the exemption of $360,000 or $500,000 provided in s.
 1612  550.09514(1) or the daily license fee credit provided in this
 1613  section may, after notifying the division in writing, elect once
 1614  per state fiscal year on a form provided by the division to
 1615  transfer such exemption or credit or any portion thereof to any
 1616  greyhound permitholder which acts as a host track to such
 1617  permitholder for the purpose of intertrack wagering. Once an
 1618  election to transfer such exemption or credit is filed with the
 1619  division, it shall not be rescinded. The division shall
 1620  disapprove the transfer when the amount of the exemption or
 1621  credit or portion thereof is unavailable to the transferring
 1622  permitholder or when the permitholder who is entitled to
 1623  transfer the exemption or credit or who is entitled to receive
 1624  the exemption or credit owes taxes to the state pursuant to a
 1625  deficiency letter or administrative complaint issued by the
 1626  division. Upon approval of the transfer by the division, the
 1627  transferred tax exemption or credit shall be effective for the
 1628  first performance of the next payment period as specified in
 1629  subsection (5). The exemption or credit transferred to such host
 1630  track may be applied by such host track against any taxes
 1631  imposed by this chapter or daily license fees imposed by this
 1632  chapter. The greyhound permitholder host track to which such
 1633  exemption or credit is transferred shall reimburse such
 1634  permitholder the exact monetary value of such transferred
 1635  exemption or credit as actually applied against the taxes and
 1636  daily license fees of the host track. The division shall ensure
 1637  that all transfers of exemption or credit are made in accordance
 1638  with this subsection and shall have the authority to adopt rules
 1639  to ensure the implementation of this section.
 1640         (2) ADMISSION TAX.—
 1641         (a) An admission tax equal to 15 percent of the admission
 1642  charge for entrance to the permitholder’s facility and
 1643  grandstand area, or 10 cents, whichever is greater, is imposed
 1644  on each person attending a horserace, greyhound race dograce, or
 1645  jai alai game. The permitholder is shall be responsible for
 1646  collecting the admission tax.
 1647         (b) The No admission tax imposed under this chapter and or
 1648  chapter 212 may not shall be imposed on any free passes or
 1649  complimentary cards issued to persons for which there is no cost
 1650  to the person for admission to pari-mutuel events.
 1651         (c) A permitholder may issue tax-free passes to its
 1652  officers, officials, and employees and to or other persons
 1653  actually engaged in working at the racetrack, including
 1654  accredited media press representatives such as reporters and
 1655  editors, and may also issue tax-free passes to other
 1656  permitholders for the use of their officers and officials. The
 1657  permitholder shall file with the division a list of all persons
 1658  to whom tax-free passes are issued under this paragraph.
 1659         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
 1660  contributions to pari-mutuel pools, the aggregate of which is
 1661  hereinafter referred to as “handle,” on races or games conducted
 1662  by the permitholder. The tax is imposed daily and is based on
 1663  the total contributions to all pari-mutuel pools conducted
 1664  during the daily performance. If a permitholder conducts more
 1665  than one performance daily, the tax is imposed on each
 1666  performance separately.
 1667         (a) The tax on handle for quarter horse racing is 1.0
 1668  percent of the handle.
 1669         (b)1. The tax on handle for greyhound racing dogracing is
 1670  1.28 5.5 percent of the handle, except that for live charity
 1671  performances held pursuant to s. 550.0351, and for intertrack
 1672  wagering on such charity performances at a guest greyhound track
 1673  within the market area of the host, the tax is 7.6 percent of
 1674  the handle.
 1675         2. The tax on handle for jai alai is 7.1 percent of the
 1676  handle.
 1677         (c)1. The tax on handle for intertrack wagering is:
 1678         a.If the host track is a horse track, 2.0 percent of the
 1679  handle.
 1680         b. If the host track is a harness horse racetrack track,
 1681  3.3 percent of the handle.
 1682         c. If the host track is a greyhound racing harness track,
 1683  1.28 5.5 percent of the handle, to be remitted by the guest
 1684  track. if the host track is a dog track, and
 1685         d.If the host track is a jai alai fronton, 7.1 percent of
 1686  the handle if the host track is a jai alai fronton.
 1687         e.The tax on handle for intertrack wagering is 0.5 percent
 1688  If the host track and the guest track are thoroughbred racing
 1689  permitholders or if the guest track is located outside the
 1690  market area of a the host track that is not a greyhound racing
 1691  track and within the market area of a thoroughbred racing
 1692  permitholder currently conducting a live race meet, 0.5 percent
 1693  of the handle.
 1694         f.The tax on handle For intertrack wagering on
 1695  rebroadcasts of simulcast thoroughbred horseraces, is 2.4
 1696  percent of the handle and 1.5 percent of the handle for
 1697  intertrack wagering on rebroadcasts of simulcast harness
 1698  horseraces, 1.5 percent of the handle.
 1699         2. The tax shall be deposited into the Pari-mutuel Wagering
 1700  Trust Fund.
 1701         3.2. The tax on handle for intertrack wagers accepted by
 1702  any greyhound racing dog track located in an area of the state
 1703  in which there are only three permitholders, all of which are
 1704  greyhound racing permitholders, located in three contiguous
 1705  counties, from any greyhound racing permitholder also located
 1706  within such area or any greyhound racing dog track or jai alai
 1707  fronton located as specified in s. 550.615(7) s. 550.615(6) or
 1708  (9), on races or games received from any jai alai the same class
 1709  of permitholder located within the same market area is 1.28 3.9
 1710  percent of the handle if the host facility is a greyhound racing
 1711  permitholder. and, If the host facility is a jai alai
 1712  permitholder, the tax is rate shall be 6.1 percent of the handle
 1713  until except that it shall be 2.3 percent on handle at such time
 1714  as the total tax on intertrack handle paid to the division by
 1715  the permitholder during the current state fiscal year exceeds
 1716  the total tax on intertrack handle paid to the division by the
 1717  permitholder during the 1992-1993 state fiscal year, in which
 1718  case the tax is 2.3 percent of the handle.
 1719         (d) Notwithstanding any other provision of this chapter, in
 1720  order to protect the Florida jai alai industry, effective July
 1721  1, 2000, a jai alai permitholder may not be taxed on live handle
 1722  at a rate higher than 2 percent.
 1723         (4) BREAKS TAX.—Effective October 1, 1996, each
 1724  permitholder conducting jai alai performances shall pay a tax
 1725  equal to the breaks. As used in this subsection, the term
 1726  “breaks” means the money that remains in each pari-mutuel pool
 1727  after funds are The “breaks” represents that portion of each
 1728  pari-mutuel pool which is not redistributed to the contributors
 1729  and commissions are or withheld by the permitholder as
 1730  commission.
 1731         (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1732  imposed by this section shall be paid to the division. The
 1733  division shall deposit such payments these sums with the Chief
 1734  Financial Officer, to the credit of the Pari-mutuel Wagering
 1735  Trust Fund, hereby established. The permitholder shall remit to
 1736  the division payment for the daily license fee, the admission
 1737  tax, the tax on handle, and the breaks tax. Such payments must
 1738  shall be remitted by 3 p.m. on Wednesday of each week for taxes
 1739  imposed and collected for the preceding week ending on Sunday.
 1740  Beginning on July 1, 2012, such payments must shall be remitted
 1741  by 3 p.m. on the 5th day of each calendar month for taxes
 1742  imposed and collected for the preceding calendar month. If the
 1743  5th day of the calendar month falls on a weekend, payments must
 1744  shall be remitted by 3 p.m. the first Monday following the
 1745  weekend. Permitholders shall file a report under oath by the 5th
 1746  day of each calendar month for all taxes remitted during the
 1747  preceding calendar month. Such payments must shall be
 1748  accompanied by a report under oath showing the total of all
 1749  admissions, the pari-mutuel wagering activities for the
 1750  preceding calendar month, and any such other information as may
 1751  be prescribed by the division.
 1752         (6) PENALTIES.—
 1753         (a) The failure of any permitholder to make payments as
 1754  prescribed in subsection (5) is a violation of this section, and
 1755  the permitholder may be subjected by the division may impose to
 1756  a civil penalty against the permitholder of up to $1,000 for
 1757  each day the tax payment is not remitted. All penalties imposed
 1758  and collected shall be deposited in the General Revenue Fund. If
 1759  a permitholder fails to pay penalties imposed by order of the
 1760  division under this subsection, the division may suspend or
 1761  revoke the license of the permitholder, cancel the permit of the
 1762  permitholder, or deny issuance of any further license or permit
 1763  to the permitholder.
 1764         (b) In addition to the civil penalty prescribed in
 1765  paragraph (a), any willful or wanton failure by any permitholder
 1766  to make payments of the daily license fee, admission tax, tax on
 1767  handle, or breaks tax constitutes sufficient grounds for the
 1768  division to suspend or revoke the license of the permitholder,
 1769  to cancel the permit of the permitholder, or to deny issuance of
 1770  any further license or permit to the permitholder.
 1771         Section 23. Section 550.09512, Florida Statutes, is amended
 1772  to read:
 1773         550.09512 Harness horse racing taxes; abandoned interest in
 1774  a permit for nonpayment of taxes.—
 1775         (1) Pari-mutuel wagering at harness horse racetracks in
 1776  this state is an important business enterprise, and taxes
 1777  derived therefrom constitute a part of the tax structure which
 1778  funds operation of the state. Harness horse racing permitholders
 1779  should pay their fair share of these taxes to the state. This
 1780  business interest should not be taxed to such an extent as to
 1781  cause any racetrack which is operated under sound business
 1782  principles to be forced out of business. Due to the need to
 1783  protect the public health, safety, and welfare, the gaming laws
 1784  of the state provide for the harness horse racing industry to be
 1785  highly regulated and taxed. The state recognizes that there
 1786  exist identifiable differences between harness horse racing
 1787  permitholders based upon their ability to operate under such
 1788  regulation and tax system.
 1789         (2)(a) The tax on handle for live harness horse racing
 1790  performances is 0.5 percent of handle per performance.
 1791         (b) For purposes of this section, the term “handle” shall
 1792  have the same meaning as in s. 550.0951, and does shall not
 1793  include handle from intertrack wagering.
 1794         (3)(a) The division shall revoke the permit of a harness
 1795  horse racing permitholder that who does not pay the tax due on
 1796  handle for live harness horse racing performances for a full
 1797  schedule of live races for more than 24 consecutive months
 1798  during any 2 consecutive state fiscal years shall be void and
 1799  shall escheat to and become the property of the state unless
 1800  such failure to operate and pay tax on handle was the direct
 1801  result of fire, strike, war, or other disaster or event beyond
 1802  the ability of the permitholder to control. Financial hardship
 1803  to the permitholder does shall not, in and of itself, constitute
 1804  just cause for failure to operate and pay tax on handle. A
 1805  permit revoked under this subsection is void and may not be
 1806  reissued.
 1807         (b)In order to maximize the tax revenues to the state, the
 1808  division shall reissue an escheated harness horse permit to a
 1809  qualified applicant pursuant to the provisions of this chapter
 1810  as for the issuance of an initial permit. However, the
 1811  provisions of this chapter relating to referendum requirements
 1812  for a pari-mutuel permit shall not apply to the reissuance of an
 1813  escheated harness horse permit. As specified in the application
 1814  and upon approval by the division of an application for the
 1815  permit, the new permitholder shall be authorized to operate a
 1816  harness horse facility anywhere in the same county in which the
 1817  escheated permit was authorized to be operated, notwithstanding
 1818  the provisions of s. 550.054(2) relating to mileage limitations.
 1819         (4) In the event that a court of competent jurisdiction
 1820  determines any of the provisions of this section to be
 1821  unconstitutional, it is the intent of the Legislature that the
 1822  provisions contained in this section shall be null and void and
 1823  that the provisions of s. 550.0951 shall apply to all harness
 1824  horse racing permitholders beginning on the date of such
 1825  judicial determination. To this end, the Legislature declares
 1826  that it would not have enacted any of the provisions of this
 1827  section individually and, to that end, expressly finds them not
 1828  to be severable.
 1829         Section 24. Section 550.09514, Florida Statutes, is amended
 1830  to read:
 1831         550.09514 Greyhound racing dogracing taxes; purse
 1832  requirements.—
 1833         (1)Wagering on greyhound racing is subject to a tax on
 1834  handle for live greyhound racing as specified in s. 550.0951(3).
 1835  However, each permitholder shall pay no tax on handle until such
 1836  time as this subsection has resulted in a tax savings per state
 1837  fiscal year of $360,000. Thereafter, each permitholder shall pay
 1838  the tax as specified in s. 550.0951(3) on all handle for the
 1839  remainder of the permitholder’s current race meet. For the three
 1840  permitholders that conducted a full schedule of live racing in
 1841  1995, and are closest to another state that authorizes greyhound
 1842  pari-mutuel wagering, the maximum tax savings per state fiscal
 1843  year shall be $500,000. The provisions of this subsection
 1844  relating to tax exemptions shall not apply to any charity or
 1845  scholarship performances conducted pursuant to s. 550.0351.
 1846         (1)(a)(2)(a) The division shall determine for each
 1847  greyhound racing permitholder the annual purse percentage rate
 1848  of live handle for the state fiscal year 1993-1994 by dividing
 1849  total purses paid on live handle by the permitholder, exclusive
 1850  of payments made from outside sources, during the 1993-1994
 1851  state fiscal year by the permitholder’s live handle for the
 1852  1993-1994 state fiscal year. A greyhound racing Each
 1853  permitholder conducting live racing during a fiscal year shall
 1854  pay as purses for such live races conducted during its current
 1855  race meet a percentage of its live handle not less than the
 1856  percentage determined under this paragraph, exclusive of
 1857  payments made by outside sources, for its 1993-1994 state fiscal
 1858  year.
 1859         (b) Except as otherwise set forth herein, in addition to
 1860  the minimum purse percentage required by paragraph (a), each
 1861  greyhound racing permitholder conducting live racing during a
 1862  fiscal year shall pay as purses an annual amount of $60 for each
 1863  live race conducted equal to 75 percent of the daily license
 1864  fees paid by the greyhound racing each permitholder in for the
 1865  preceding 1994-1995 fiscal year. These This purse supplement
 1866  shall be disbursed weekly during the permitholder’s race meet in
 1867  an amount determined by dividing the annual purse supplement by
 1868  the number of performances approved for the permitholder
 1869  pursuant to its annual license and multiplying that amount by
 1870  the number of performances conducted each week. For the
 1871  greyhound permitholders in the county where there are two
 1872  greyhound permitholders located as specified in s. 550.615(6),
 1873  such permitholders shall pay in the aggregate an amount equal to
 1874  75 percent of the daily license fees paid by such permitholders
 1875  for the 1994-1995 fiscal year. These permitholders shall be
 1876  jointly and severally liable for such purse payments. The
 1877  additional purses provided by this paragraph must be used
 1878  exclusively for purses other than stakes and disbursed weekly
 1879  during the permitholder’s race meet. The division shall conduct
 1880  audits necessary to ensure compliance with this section.
 1881         (c)1. Each greyhound racing permitholder, when conducting
 1882  at least three live performances during any week, shall pay
 1883  purses in that week on wagers it accepts as a guest track on
 1884  intertrack and simulcast greyhound races at the same rate as it
 1885  pays on live races. Each greyhound racing permitholder, when
 1886  conducting at least three live performances during any week,
 1887  shall pay purses in that week, at the same rate as it pays on
 1888  live races, on wagers accepted on greyhound races at a guest
 1889  track that which is not conducting live racing and is located
 1890  within the same market area as the greyhound racing permitholder
 1891  conducting at least three live performances during any week.
 1892         2. Each host greyhound racing permitholder shall pay purses
 1893  on its simulcast and intertrack broadcasts of greyhound races to
 1894  guest facilities that are located outside its market area in an
 1895  amount equal to one quarter of an amount determined by
 1896  subtracting the transmission costs of sending the simulcast or
 1897  intertrack broadcasts from an amount determined by adding the
 1898  fees received for greyhound simulcast races plus 3 percent of
 1899  the greyhound intertrack handle at guest facilities that are
 1900  located outside the market area of the host and that paid
 1901  contractual fees to the host for such broadcasts of greyhound
 1902  races.
 1903         (d) The division shall require sufficient documentation
 1904  from each greyhound racing permitholder regarding purses paid on
 1905  live racing to assure that the annual purse percentage rates
 1906  paid by each greyhound racing permitholder conducting on the
 1907  live races are not reduced below those paid during the 1993-1994
 1908  state fiscal year. The division shall require sufficient
 1909  documentation from each greyhound racing permitholder to assure
 1910  that the purses paid by each permitholder on the greyhound
 1911  intertrack and simulcast broadcasts are in compliance with the
 1912  requirements of paragraph (c).
 1913         (e) In addition to the purse requirements of paragraphs
 1914  (a)-(c), each greyhound racing permitholder conducting live
 1915  races shall pay as purses an amount equal to one-third of the
 1916  amount of the tax reduction on live and simulcast handle
 1917  applicable to such permitholder as a result of the reductions in
 1918  tax rates provided by s. 6, chapter 2000-354, Laws of Florida
 1919  this act through the amendments to s. 550.0951(3). With respect
 1920  to intertrack wagering when the host and guest tracks are
 1921  greyhound racing permitholders not within the same market area,
 1922  an amount equal to the tax reduction applicable to the guest
 1923  track handle as a result of the reduction in tax rate provided
 1924  by s. 6, chapter 2000-354, Laws of Florida, this act through the
 1925  amendment to s. 550.0951(3) shall be distributed to the guest
 1926  track, one-third of which amount shall be paid as purses at the
 1927  guest track. However, if the guest track is a greyhound racing
 1928  permitholder within the market area of the host or if the guest
 1929  track is not a greyhound racing permitholder, an amount equal to
 1930  such tax reduction applicable to the guest track handle shall be
 1931  retained by the host track, one-third of which amount shall be
 1932  paid as purses at the host track. These purse funds shall be
 1933  disbursed in the week received if the permitholder conducts at
 1934  least one live performance during that week. If the permitholder
 1935  does not conduct at least one live performance during the week
 1936  in which the purse funds are received, the purse funds shall be
 1937  disbursed weekly during the permitholder’s next race meet in an
 1938  amount determined by dividing the purse amount by the number of
 1939  performances approved for the permitholder pursuant to its
 1940  annual license, and multiplying that amount by the number of
 1941  performances conducted each week. The division shall conduct
 1942  audits necessary to ensure compliance with this paragraph.
 1943         (f) Each greyhound racing permitholder conducting live
 1944  racing shall, during the permitholder’s race meet, supply kennel
 1945  operators and the Division of Pari-Mutuel Wagering with a weekly
 1946  report showing purses paid on live greyhound races and all
 1947  greyhound intertrack and simulcast broadcasts, including both as
 1948  a guest and a host together with the handle or commission
 1949  calculations on which such purses were paid and the transmission
 1950  costs of sending the simulcast or intertrack broadcasts, so that
 1951  the kennel operators may determine statutory and contractual
 1952  compliance.
 1953         (g) Each greyhound racing permitholder conducting live
 1954  racing shall make direct payment of purses to the greyhound
 1955  owners who have filed with such permitholder appropriate federal
 1956  taxpayer identification information based on the percentage
 1957  amount agreed upon between the kennel operator and the greyhound
 1958  owner.
 1959         (h) At the request of a majority of kennel operators under
 1960  contract with a greyhound racing permitholder conducting live
 1961  racing, the permitholder shall make deductions from purses paid
 1962  to each kennel operator electing such deduction and shall make a
 1963  direct payment of such deductions to the local association of
 1964  greyhound kennel operators formed by a majority of kennel
 1965  operators under contract with the permitholder. The amount of
 1966  the deduction shall be at least 1 percent of purses, as
 1967  determined by the local association of greyhound kennel
 1968  operators. No Deductions may not be taken pursuant to this
 1969  paragraph without a kennel operator’s specific approval before
 1970  or after May 24, 1998 the effective date of this act.
 1971         (2)(3)As used in For the purpose of this section, the term
 1972  “live handle” means the handle from wagers placed at the
 1973  permitholder’s establishment on the live greyhound races
 1974  conducted at the permitholder’s establishment.
 1975         Section 25. Section 550.09515, Florida Statutes, is amended
 1976  to read:
 1977         550.09515 Thoroughbred racing horse taxes; abandoned
 1978  interest in a permit for nonpayment of taxes.—
 1979         (1) Pari-mutuel wagering at thoroughbred horse racetracks
 1980  in this state is an important business enterprise, and taxes
 1981  derived therefrom constitute a part of the tax structure which
 1982  funds operation of the state. Thoroughbred horse permitholders
 1983  should pay their fair share of these taxes to the state. This
 1984  business interest should not be taxed to such an extent as to
 1985  cause any racetrack which is operated under sound business
 1986  principles to be forced out of business. Due to the need to
 1987  protect the public health, safety, and welfare, the gaming laws
 1988  of the state provide for the thoroughbred horse industry to be
 1989  highly regulated and taxed. The state recognizes that there
 1990  exist identifiable differences between thoroughbred horse
 1991  permitholders based upon their ability to operate under such
 1992  regulation and tax system and at different periods during the
 1993  year.
 1994         (2)(a) The tax on handle for live thoroughbred horserace
 1995  performances shall be 0.5 percent.
 1996         (b) For purposes of this section, the term “handle” shall
 1997  have the same meaning as in s. 550.0951, and does shall not
 1998  include handle from intertrack wagering.
 1999         (3)(a) The division shall revoke the permit of a
 2000  thoroughbred racing horse permitholder that who does not pay the
 2001  tax due on handle for live thoroughbred horse performances for a
 2002  full schedule of live races for more than 24 consecutive months
 2003  during any 2 consecutive state fiscal years shall be void and
 2004  shall escheat to and become the property of the state unless
 2005  such failure to operate and pay tax on handle was the direct
 2006  result of fire, strike, war, or other disaster or event beyond
 2007  the ability of the permitholder to control. Financial hardship
 2008  to the permitholder does shall not, in and of itself, constitute
 2009  just cause for failure to operate and pay tax on handle. A
 2010  permit revoked under this subsection is void and may not be
 2011  reissued.
 2012         (b)In order to maximize the tax revenues to the state, the
 2013  division shall reissue an escheated thoroughbred horse permit to
 2014  a qualified applicant pursuant to the provisions of this chapter
 2015  as for the issuance of an initial permit. However, the
 2016  provisions of this chapter relating to referendum requirements
 2017  for a pari-mutuel permit shall not apply to the reissuance of an
 2018  escheated thoroughbred horse permit. As specified in the
 2019  application and upon approval by the division of an application
 2020  for the permit, the new permitholder shall be authorized to
 2021  operate a thoroughbred horse facility anywhere in the same
 2022  county in which the escheated permit was authorized to be
 2023  operated, notwithstanding the provisions of s. 550.054(2)
 2024  relating to mileage limitations.
 2025         (4) In the event that a court of competent jurisdiction
 2026  determines any of the provisions of this section to be
 2027  unconstitutional, it is the intent of the Legislature that the
 2028  provisions contained in this section shall be null and void and
 2029  that the provisions of s. 550.0951 shall apply to all
 2030  thoroughbred racing horse permitholders beginning on the date of
 2031  such judicial determination. To this end, the Legislature
 2032  declares that it would not have enacted any of the provisions of
 2033  this section individually and, to that end, expressly finds them
 2034  not to be severable.
 2035         (5) Notwithstanding the provisions of s. 550.0951(3)(c),
 2036  the tax on handle for intertrack wagering on rebroadcasts of
 2037  simulcast horseraces is 2.4 percent of the handle; provided
 2038  however, that if the guest track is a thoroughbred track located
 2039  more than 35 miles from the host track, the host track shall pay
 2040  a tax of .5 percent of the handle, and additionally the host
 2041  track shall pay to the guest track 1.9 percent of the handle to
 2042  be used by the guest track solely for purses. The tax shall be
 2043  deposited into the Pari-mutuel Wagering Trust Fund.
 2044         (6) A credit equal to the amount of contributions made by a
 2045  thoroughbred racing permitholder during the taxable year
 2046  directly to the Jockeys’ Guild or its health and welfare fund to
 2047  be used to provide health and welfare benefits for active,
 2048  disabled, and retired Florida jockeys and their dependents
 2049  pursuant to reasonable rules of eligibility established by the
 2050  Jockeys’ Guild is allowed against taxes on live handle due for a
 2051  taxable year under this section. A thoroughbred racing
 2052  permitholder may not receive a credit greater than an amount
 2053  equal to 1 percent of its paid taxes for the previous taxable
 2054  year.
 2055         (7) If a thoroughbred racing permitholder fails to operate
 2056  all performances on its 2001-2002 license, failure to pay tax on
 2057  handle for a full schedule of live races for those performances
 2058  in the 2001-2002 fiscal year does not constitute failure to pay
 2059  taxes on handle for a full schedule of live races in a fiscal
 2060  year for the purposes of subsection (3). This subsection may not
 2061  be construed as forgiving a thoroughbred racing permitholder
 2062  from paying taxes on performances conducted at its facility
 2063  pursuant to its 2001-2002 license other than for failure to
 2064  operate all performances on its 2001-2002 license. This
 2065  subsection expires July 1, 2003.
 2066         Section 26. Section 550.155, Florida Statutes, is amended
 2067  to read:
 2068         550.155 Pari-mutuel pool within track enclosure; takeouts;
 2069  breaks; penalty for purchasing part of a pari-mutuel pool for or
 2070  through another in specified circumstances; penalty for
 2071  accepting wagers on horse races made outside of a pari-mutuel
 2072  facility.—
 2073         (1) Wagering on the results of a horserace, dograce, or on
 2074  the scores or points of a jai alai game and the sale of tickets
 2075  or other evidences showing an interest in or a contribution to a
 2076  pari-mutuel pool are allowed within the enclosure of any pari
 2077  mutuel facility licensed and conducted under this chapter but
 2078  are not allowed elsewhere in this state, must be supervised by
 2079  the division, and are subject to such reasonable rules that the
 2080  division prescribes.
 2081         (2) The permitholder’s share of the takeout is that portion
 2082  of the takeout that remains after the pari-mutuel tax imposed
 2083  upon the contributions to the pari-mutuel pool is deducted from
 2084  the takeout and paid by the permitholder. The takeout is
 2085  deducted from all pari-mutuel pools but may be different
 2086  depending on the type of pari-mutuel pool. The permitholder
 2087  shall inform the patrons, either through the official program or
 2088  via the posting of signs at conspicuous locations, as to the
 2089  takeout currently being applied to handle at the facility. A
 2090  capital improvement proposed by a permitholder licensed under
 2091  this chapter to a pari-mutuel facility existing on June 23,
 2092  1981, which capital improvement requires, pursuant to any
 2093  municipal or county ordinance, resolution, or regulation, the
 2094  qualification or approval of the municipality or county wherein
 2095  the permitholder conducts its business operations, shall receive
 2096  approval unless the municipality or county is able to show that
 2097  the proposed improvement presents a justifiable and immediate
 2098  hazard to the health and safety of municipal or county
 2099  residents, provided the permitholder pays to the municipality or
 2100  county the cost of a building permit and provided the capital
 2101  improvement meets the following criteria:
 2102         (a) The improvement does not qualify as a development of
 2103  regional impact as defined in s. 380.06; and
 2104         (b) The improvement is contiguous to or within the existing
 2105  pari-mutuel facility site. To be contiguous, the site of the
 2106  improvement must share a sufficient common boundary with the
 2107  present pari-mutuel facility to allow full and free access
 2108  without crossing a public roadway, public waterway, or similar
 2109  barrier.
 2110         (3) After deducting the takeout and the “breaks,” a pari
 2111  mutuel pool must be redistributed to the contributors.
 2112         (4) Redistribution of funds otherwise distributable to the
 2113  contributors of a pari-mutuel pool must be a sum equal to the
 2114  next lowest multiple of 10 on all races and games.
 2115         (5) A distribution of a pari-mutuel pool may not be made of
 2116  the odd cents of any sum otherwise distributable, which odd
 2117  cents constitute the “breaks.”
 2118         (6) A person or corporation may not directly or indirectly
 2119  purchase pari-mutuel tickets or participate in the purchase of
 2120  any part of a pari-mutuel pool for another for hire or for any
 2121  gratuity. A person may not purchase any part of a pari-mutuel
 2122  pool through another wherein she or he gives or pays directly or
 2123  indirectly such other person anything of value. Any person who
 2124  violates this subsection is guilty of a misdemeanor of the
 2125  second degree, punishable as provided in s. 775.082 or s.
 2126  775.083.
 2127         (7) A person who accepts wagers on horseraces conducted at
 2128  in-state and out-of-state pari-mutuel facilities, excluding the
 2129  acceptance of wagers within the enclosure of a pari-mutuel
 2130  facility in this state which are accepted through such pari
 2131  mutuel facility’s ontrack totalisator, commits a felony of the
 2132  third degree, punishable as provided in s. 775.082 or s.
 2133  775.083. Each act of accepting a wager in violation of this
 2134  subsection constitutes a separate offense.
 2135         Section 27. Section 550.1625, Florida Statutes, is amended
 2136  to read:
 2137         550.1625 Greyhound racing dogracing; taxes.—
 2138         (1) The operation of a greyhound racing dog track and
 2139  legalized pari-mutuel betting at greyhound racing dog tracks in
 2140  this state is a privilege and is an operation that requires
 2141  strict supervision and regulation in the best interests of the
 2142  state. Pari-mutuel wagering at greyhound racing dog tracks in
 2143  this state is a substantial business, and taxes derived
 2144  therefrom constitute part of the tax structures of the state and
 2145  the counties. The operators of greyhound racing dog tracks
 2146  should pay their fair share of taxes to the state; at the same
 2147  time, this substantial business interest should not be taxed to
 2148  such an extent as to cause a track that is operated under sound
 2149  business principles to be forced out of business.
 2150         (2) A permitholder that conducts a greyhound race dograce
 2151  meet under this chapter must pay the daily license fee, the
 2152  admission tax, the breaks tax, and the tax on pari-mutuel handle
 2153  as provided in s. 550.0951 and is subject to all penalties and
 2154  sanctions provided in s. 550.0951(6).
 2155         Section 28. Section 550.1647, Florida Statutes, is
 2156  repealed.
 2157         Section 29. Section 550.1648, Florida Statutes, is amended
 2158  to read:
 2159         550.1648 Greyhound adoptions.—
 2160         (1)A greyhound racing Each dogracing permitholder that
 2161  conducts live racing at operating a greyhound racing dogracing
 2162  facility in this state shall provide for a greyhound adoption
 2163  booth to be located at the facility.
 2164         (1)(a) The greyhound adoption booth must be operated on
 2165  weekends by personnel or volunteers from a bona fide
 2166  organization that promotes or encourages the adoption of
 2167  greyhounds pursuant to s. 550.1647. Such bona fide organization,
 2168  as a condition of adoption, must provide sterilization of
 2169  greyhounds by a licensed veterinarian before relinquishing
 2170  custody of the greyhound to the adopter. The fee for
 2171  sterilization may be included in the cost of adoption. As used
 2172  in this section, the term “weekend” includes the hours during
 2173  which live greyhound racing is conducted on Friday, Saturday, or
 2174  Sunday, and the term “bona fide organization that promotes or
 2175  encourages the adoption of greyhounds” means an organization
 2176  that provides evidence of compliance with chapter 496 and
 2177  possesses a valid exemption from federal taxation issued by the
 2178  Internal Revenue Service. Information pamphlets and application
 2179  forms shall be provided to the public upon request.
 2180         (b)In addition, The kennel operator or owner shall notify
 2181  the permitholder that a greyhound is available for adoption and
 2182  the permitholder shall provide information concerning the
 2183  adoption of a greyhound in each race program and shall post
 2184  adoption information at conspicuous locations throughout the
 2185  greyhound racing dogracing facility. Any greyhound that is
 2186  participating in a race and that will be available for future
 2187  adoption must be noted in the race program. The permitholder
 2188  shall allow greyhounds to be walked through the track facility
 2189  to publicize the greyhound adoption program.
 2190         (2) In addition to the charity days authorized under s.
 2191  550.0351, a greyhound racing permitholder may fund the greyhound
 2192  adoption program by holding a charity racing day designated as
 2193  “Greyhound Adopt-A-Pet Day.” All profits derived from the
 2194  operation of the charity day must be placed into a fund used to
 2195  support activities at the racing facility which promote the
 2196  adoption of greyhounds. The division may adopt rules for
 2197  administering the fund. Proceeds from the charity day authorized
 2198  in this subsection may not be used as a source of funds for the
 2199  purposes set forth in s. 550.1647.
 2200         (3)(a) Upon a violation of this section by a permitholder
 2201  or licensee, the division may impose a penalty as provided in s.
 2202  550.0251(10) and require the permitholder to take corrective
 2203  action.
 2204         (b) A penalty imposed under s. 550.0251(10) does not
 2205  exclude a prosecution for cruelty to animals or for any other
 2206  criminal act.
 2207         Section 30. Section 550.1752, Florida Statutes, is created
 2208  to read:
 2209         550.1752 Permit reduction program.—
 2210         (1) The permit reduction program is created in the Division
 2211  of Pari-mutuel Wagering for the purpose of purchasing and
 2212  cancelling active pari-mutuel permits. The program shall be
 2213  funded from revenue share payments made by the Seminole Tribe of
 2214  Florida under the compact ratified by s. 285.710(3).
 2215         (2) The division shall purchase pari-mutuel permits from
 2216  pari-mutuel permitholders when sufficient moneys are available
 2217  for such purchases. A pari-mutuel permitholder may not submit an
 2218  offer to sell a permit unless it is actively conducting pari
 2219  mutuel racing or jai alai as required by law and satisfies all
 2220  applicable requirements for the permit. The division shall adopt
 2221  by rule the form to be used by a pari-mutuel permitholder for an
 2222  offer to sell a permit and shall establish a schedule for the
 2223  consideration of offers.
 2224         (3) The division shall establish the value of a pari-mutuel
 2225  permit based upon the valuation of one or more independent
 2226  appraisers selected by the division. The valuation of a permit
 2227  must be based on the permit’s fair market value and may not
 2228  include the value of the real estate or personal property. The
 2229  division may establish a value for the permit that is lower than
 2230  the amount determined by an independent appraiser but may not
 2231  establish a higher value.
 2232         (4) The division must accept the offer or offers that best
 2233  utilize available funding; however, the division may also accept
 2234  the offers that it determines are most likely to reduce the
 2235  incidence of gaming in this state. The division may not accept
 2236  an offer to purchase a permit or execute a contract to purchase
 2237  a permit if the sum of the purchase price for the permit under
 2238  the offer or the contract and the total of the purchase prices
 2239  under all previously executed contracts for the purchase of
 2240  permits exceeds $20 million.
 2241         (5)Following the execution of a contract between a
 2242  permitholder and the state for the acquisition of a permit owned
 2243  by a permitholder, and not less than 30 days after the
 2244  authorization of the nonoperating budget authority pursuant to
 2245  s. 216.181(12) required to pay the purchase price for such
 2246  permit, the division shall certify the executed contract to the
 2247  Chief Financial Officer and shall request the distribution to be
 2248  paid from the General Revenue Fund to the permitholder for the
 2249  closing of the purchase. The total of all such distributions for
 2250  all permit purchases may not exceed $20 million in all fiscal
 2251  years. Immediately after the closing of a purchase, the division
 2252  shall cancel any permit purchased under this section.
 2253         (6) This section expires on July 1, 2019, unless reenacted
 2254  by the Legislature.
 2255         Section 31. Section 550.1753, Florida Statutes, is created
 2256  to read:
 2257         550.1753 Thoroughbred purse and awards supplement program.—
 2258         (1)The thoroughbred purse and awards supplement program is
 2259  created in the division for the purpose of maintaining an active
 2260  and viable live thoroughbred racing, owning, and breeding
 2261  industry in this state. The program shall be funded from revenue
 2262  share payments made by the Seminole Tribe of Florida under the
 2263  compact ratified by s. 285.710(3).
 2264         (2)Beginning July 1, 2019, after the funds paid by the
 2265  Seminole Tribe of Florida to the state during each state fiscal
 2266  year exceed $20 million, and not less than 30 days after the
 2267  authorization of the nonoperating budget authority pursuant to
 2268  s. 216.181(12) needed to pay purse and awards supplement funds,
 2269  the division shall certify to the Chief Financial Officer the
 2270  amount of the purse and awards supplement funds to be
 2271  distributed to each eligible thoroughbred racing permitholder
 2272  and to the Florida Thoroughbred Breeders’ Association, Inc.,
 2273  pursuant to subsection (3) and shall request the distribution
 2274  from the General Revenue Fund to be paid to each thoroughbred
 2275  racing permitholder and to the Florida Thoroughbred Breeders’
 2276  Association, Inc. The total of all such distributions for all
 2277  thoroughbred racing permitholders may not exceed $20 million in
 2278  any fiscal year.
 2279         (3)(a)Purse and awards supplement funds are intended to
 2280  enhance the purses and awards currently available on
 2281  thoroughbred horse racing in this state. Such funds also may be
 2282  used both to supplement thoroughbred horse racing purses and
 2283  awards and to subsidize the operating costs of and capital
 2284  improvements at permitted thoroughbred horse racing facilities
 2285  eligible for funding under this section, in accordance with an
 2286  agreement with the association representing a majority of the
 2287  thoroughbred horse owners and trainers conducting racing at each
 2288  such thoroughbred horse racing permitholder’s facility.
 2289         (b)A thoroughbred horse racing permitholder may not
 2290  receive purse and awards supplements under this section unless
 2291  it provides the division with a copy of an agreement between the
 2292  thoroughbred horse racing permitholder and the horsemen’s
 2293  association representing the majority of the thoroughbred
 2294  racehorse owners and trainers racing at the thoroughbred horse
 2295  racing permitholder’s facility for purses to be paid during its
 2296  upcoming meet. Ninety percent of all purse and awards supplement
 2297  funds must be devoted to purses and ten percent must be devoted
 2298  to breeders’, stallion, and special racing awards under this
 2299  chapter.
 2300         (c)The division shall apportion the purse and awards
 2301  supplement funds as follows:
 2302         1.The first $10 million shall be allocated to a
 2303  thoroughbred horse racing permitholder that has conducted a full
 2304  schedule of live racing for 15 consecutive years after June 30,
 2305  2000, has never operated at a facility in which slot machines
 2306  are located, and has never held a slot machine license, as long
 2307  as the thoroughbred horse racing permitholder uses the
 2308  allocation for thoroughbred horse racing purses and awards and
 2309  operations at the thoroughbred horse racing permitholder’s
 2310  facility, with at least 50 percent of such funds allocated to
 2311  thoroughbred horse racing purses. If more than one thoroughbred
 2312  horse racing permitholder is eligible to participate in this
 2313  allocation, the funds shall be allocated on a pro rata basis
 2314  based on the number of live race days to be conducted by those
 2315  eligible thoroughbred horse racing permitholders pursuant to
 2316  their annual racing licenses.
 2317         2.The balance of the funds shall be allocated on a pro
 2318  rata basis based on the number of live race days to be conducted
 2319  by thoroughbred horse racing permitholders pursuant to their
 2320  annual racing licenses.
 2321         3.If a thoroughbred horse racing permitholder fails to
 2322  conduct a live race day, the permitholder must return the unused
 2323  purse and awards supplement funds allocated for that day, and
 2324  the division shall reapportion the allocation of purse and
 2325  awards supplement funds to the remaining race days to be
 2326  conducted by that thoroughbred horse racing permitholder.
 2327         (d)1.In the event a limited thoroughbred racing
 2328  permitholder receives a license as a result of the conditions
 2329  set forth in s. 550.01215(7), it shall be allocated in its first
 2330  year of licensure a pro rata share as if it were licensed for an
 2331  additional 50 percent of its licensed racing days and may apply
 2332  in the next 2 state fiscal years for racing days and receive
 2333  funding under this section at the additional 50 percent rate
 2334  described in subparagraph (c)2. Funding under this paragraph is
 2335  conditioned upon the limited thoroughbred racing permitholder
 2336  applying for no more performances than are necessary to make up
 2337  the deficiency in the racing levels set forth in s.
 2338  550.01215(7), with funding in the following 2 years conditioned
 2339  upon applying for no more than this same number of performances
 2340  or the number of performances necessary to make up the
 2341  deficiency in the racing levels specified above at that point,
 2342  whichever is greater.
 2343         2.After three years of funding at the rate set forth in
 2344  this paragraph, the limited thoroughbred permitholder shall be
 2345  treated as other thoroughbred permitholders applying for funding
 2346  under this section.
 2347         3.Notwithstanding paragraph (a), funds received under this
 2348  paragraph may be used both to supplement purses and to subsidize
 2349  operating costs and capital improvements for the pari-mutuel
 2350  facility.
 2351         (e)The division shall distribute 10 percent of all purse
 2352  and awards supplement funds to the Florida Thoroughbred
 2353  Breeders’ Association, Inc., for the payment of breeders’,
 2354  stallion, and special racing awards, subject to s. 550.2625(3).
 2355  Supplement funds received by the association may be returned at
 2356  its discretion to thoroughbred horse racing permitholders for
 2357  special racing awards to be distributed by the permitholders to
 2358  owners of thoroughbred horses participating in prescribed
 2359  thoroughbred stakes races, nonstakes races, or both, all in
 2360  accordance with a written agreement establishing the rate,
 2361  procedure, and eligibility requirements for such awards for the
 2362  upcoming state fiscal year, entered into by the permitholder and
 2363  the Florida Thoroughbred Breeders’ Association, Inc., on or
 2364  before June 30 of each year.
 2365         (f)The division shall adopt by rule the form to be used by
 2366  a permitholder for applying for to receive purse and awards
 2367  supplement funds.
 2368         (4)The division may adopt rules necessary to implement
 2369  this section.
 2370         (5) This section expires June 30, 2036.
 2371         Section 32. Subsections (4) and (5) and paragraphs (a) and
 2372  (c) of subsection (7) of section 550.2415, Florida Statutes, are
 2373  amended to read:
 2374         550.2415 Racing of animals under certain conditions
 2375  prohibited; penalties; exceptions.—
 2376         (4) A prosecution pursuant to this section for a violation
 2377  of this section must begin within 90 days after the violation
 2378  was committed. Filing Service of an administrative complaint by
 2379  the division or a notice of violation by the stewards marks the
 2380  commencement of administrative action.
 2381         (5) The division shall adopt rules related to the testing
 2382  of racing animals which must include chain of custody procedures
 2383  and implement a split sample split-sample procedure for testing
 2384  animals under this section. The split sample procedure shall
 2385  require drawing of at least two samples the first of which shall
 2386  be tested by the state’s testing laboratory and the second of
 2387  which shall be retained in a separate secure location for
 2388  testing at a later date in accordance with rules adopted by the
 2389  division. The division shall only authorize testing by
 2390  laboratories accredited by the Racing Medication and Testing
 2391  Consortium.
 2392         (a) The division shall notify the owner or trainer, the
 2393  stewards, and the appropriate horsemen’s association of all drug
 2394  test results. If a drug test result is positive, and upon
 2395  request by the affected trainer or owner of the animal from
 2396  which the sample was obtained, the division shall send the split
 2397  sample to an approved independent laboratory for analysis. The
 2398  division shall establish standards and rules for uniform
 2399  enforcement and shall maintain a list of at least five approved
 2400  independent laboratories for an owner or trainer to select from
 2401  if a drug test result is positive.
 2402         (b) If the division laboratory’s findings are not confirmed
 2403  by the independent laboratory, no further administrative or
 2404  disciplinary action under this section may be pursued.
 2405         (c) If the independent laboratory confirms the division
 2406  laboratory’s positive result, the division may commence
 2407  administrative proceedings as prescribed in this chapter and
 2408  consistent with chapter 120. For purposes of this subsection,
 2409  the department shall in good faith attempt to obtain a
 2410  sufficient quantity of the test fluid to allow both a primary
 2411  test and a secondary test to be made.
 2412         (d) For the testing of a racing greyhound, if there is an
 2413  insufficient quantity of the secondary (split) sample for
 2414  confirmation of the division laboratory’s positive result, the
 2415  division may commence administrative proceedings as prescribed
 2416  in this chapter and consistent with chapter 120.
 2417         (e) For the testing of a racehorse, if there is an
 2418  insufficient quantity of the secondary (split) sample for
 2419  confirmation of the division laboratory’s positive result, the
 2420  division may not take further action on the matter against the
 2421  owner or trainer, and any resulting license suspension must be
 2422  immediately lifted.
 2423         (f) The division shall require its laboratory and the
 2424  independent laboratories to annually participate in an
 2425  externally administered quality assurance program designed to
 2426  assess testing proficiency in the detection and appropriate
 2427  quantification of medications, drugs, and naturally occurring
 2428  substances that may be administered to racing animals. The
 2429  administrator of the quality assurance program shall report its
 2430  results and findings to the division and the Department of
 2431  Agriculture and Consumer Services.
 2432         (7)(a) In order to protect the safety and welfare of racing
 2433  animals and the integrity of the races in which the animals
 2434  participate, the division shall adopt rules establishing the
 2435  conditions of use and maximum concentrations of medications,
 2436  drugs, and naturally occurring substances identified in the
 2437  Controlled Therapeutic Medication Schedule, Version 2.1, revised
 2438  April 17, 2014, adopted by the Association of Racing
 2439  Commissioners International, Inc. Controlled therapeutic
 2440  medications include only the specific medications and
 2441  concentrations allowed in biological samples which have been
 2442  approved by the Association of Racing Commissioners
 2443  International, Inc., as controlled therapeutic medications.
 2444         (c) The division rules must include a classification and
 2445  penalty system for the use of drugs, medications, and other
 2446  foreign substances which incorporates the Uniform Classification
 2447  Guidelines for Foreign Substances, Recommended Penalty
 2448  Guidelines, and the Multiple Medication Violation Penalty System
 2449  adopted and a corresponding penalty schedule for violations
 2450  which incorporates the Uniform Classification Guidelines for
 2451  Foreign Substances, Version 8.0, revised December 2014, by the
 2452  Association of Racing Commissioners International, Inc. The
 2453  division shall adopt laboratory screening limits approved by the
 2454  Association of Racing Commissioners International, Inc., for
 2455  drugs and medications that are not included as controlled
 2456  therapeutic medications, the presence of which in a sample may
 2457  result in a violation of this section.
 2458         Section 33. Section 550.2416, Florida Statutes, is created
 2459  to read:
 2460         550.2416Reporting of racing greyhound injuries.—
 2461         (1)An injury to a racing greyhound which occurs while the
 2462  greyhound is located in this state must be reported on a form
 2463  adopted by the division within 7 days after the date on which
 2464  the injury occurred or is believed to have occurred. The
 2465  division may adopt rules defining the term “injury.”
 2466         (2)The form shall be completed and signed under oath or
 2467  affirmation by the:
 2468         (a)Racetrack veterinarian or director of racing, if the
 2469  injury occurred at the racetrack facility; or
 2470         (b)Owner, trainer, or kennel operator who had knowledge of
 2471  the injury, if the injury occurred at a location other than the
 2472  racetrack facility, including during transportation.
 2473         (3)The division may fine, suspend, or revoke the license
 2474  of any individual who knowingly violates this section.
 2475         (4)The form must include the following:
 2476         (a)The greyhound’s registered name, right-ear and left-ear
 2477  tattoo numbers, and, if any, the microchip manufacturer and
 2478  number.
 2479         (b)The name, business address, and telephone number of the
 2480  greyhound owner, the trainer, and the kennel operator.
 2481         (c)The color, weight, and sex of the greyhound.
 2482         (d)The specific type and bodily location of the injury,
 2483  the cause of the injury, and the estimated recovery time from
 2484  the injury.
 2485         (e)If the injury occurred when the greyhound was racing:
 2486         1.The racetrack where the injury occurred;
 2487         2.The distance, grade, race, and post position of the
 2488  greyhound when the injury occurred; and
 2489         3.The weather conditions, time, and track conditions when
 2490  the injury occurred.
 2491         (f)If the injury occurred when the greyhound was not
 2492  racing:
 2493         1.The location where the injury occurred, including, but
 2494  not limited to, a kennel, a training facility, or a
 2495  transportation vehicle; and
 2496         2.The circumstances surrounding the injury.
 2497         (g)Other information that the division determines is
 2498  necessary to identify injuries to racing greyhounds in this
 2499  state.
 2500         (5)An injury form created pursuant to this section must be
 2501  maintained as a public record by the division for at least 7
 2502  years after the date it was received.
 2503         (6)A licensee of the department who knowingly makes a
 2504  false statement concerning an injury or fails to report an
 2505  injury is subject to disciplinary action under this chapter or
 2506  chapters 455 and 474.
 2507         (7)This section does not apply to injuries to a service
 2508  animal, personal pet, or greyhound that has been adopted as a
 2509  pet.
 2510         (8)The division shall adopt rules to implement this
 2511  section.
 2512         Section 34. Subsection (1) of section 550.26165, Florida
 2513  Statutes, is amended to read:
 2514         550.26165 Breeders’ awards.—
 2515         (1) The purpose of this section is to encourage the
 2516  agricultural activity of breeding and training racehorses in
 2517  this state. Moneys dedicated in this chapter for use as
 2518  breeders’ awards and stallion awards are to be used for awards
 2519  to breeders of registered Florida-bred horses winning horseraces
 2520  and for similar awards to the owners of stallions who sired
 2521  Florida-bred horses winning stakes races, if the stallions are
 2522  registered as Florida stallions standing in this state. Such
 2523  awards shall be given at a uniform rate to all winners of the
 2524  awards, may shall not be greater than 20 percent of the
 2525  announced gross purse, and may shall not be less than 15 percent
 2526  of the announced gross purse if funds are available. In
 2527  addition, at least no less than 17 percent, but not nor more
 2528  than 40 percent, as determined by the Florida Thoroughbred
 2529  Breeders’ Association, of the moneys dedicated in this chapter
 2530  for use as breeders’ awards and stallion awards for
 2531  thoroughbreds shall be returned pro rata to the permitholders
 2532  that generated the moneys for special racing awards to be
 2533  distributed by the permitholders to owners of thoroughbred
 2534  horses participating in prescribed thoroughbred stakes races,
 2535  nonstakes races, or both, all in accordance with a written
 2536  agreement establishing the rate, procedure, and eligibility
 2537  requirements for such awards entered into by the permitholder,
 2538  the Florida Thoroughbred Breeders’ Association, and the Florida
 2539  Horsemen’s Benevolent and Protective Association, Inc., except
 2540  that the plan for the distribution by any permitholder located
 2541  in the area described in s. 550.615(7) s. 550.615(9) shall be
 2542  agreed upon by that permitholder, the Florida Thoroughbred
 2543  Breeders’ Association, and the association representing a
 2544  majority of the thoroughbred racehorse owners and trainers at
 2545  that location. Awards for thoroughbred races are to be paid
 2546  through the Florida Thoroughbred Breeders’ Association, and
 2547  awards for standardbred races are to be paid through the Florida
 2548  Standardbred Breeders and Owners Association. Among other
 2549  sources specified in this chapter, moneys for thoroughbred
 2550  breeders’ awards will come from the 0.955 percent of handle for
 2551  thoroughbred races conducted, received, broadcast, or simulcast
 2552  under this chapter as provided in s. 550.2625(3). The moneys for
 2553  quarter horse and harness breeders’ awards will come from the
 2554  breaks and uncashed tickets on live quarter horse and harness
 2555  horse racing performances and 1 percent of handle on intertrack
 2556  wagering. The funds for these breeders’ awards shall be paid to
 2557  the respective breeders’ associations by the permitholders
 2558  conducting the races.
 2559         Section 35. Section 550.3345, Florida Statutes, is amended
 2560  to read:
 2561         550.3345 Conversion of quarter horse permit to a Limited
 2562  thoroughbred racing permit.—
 2563         (1) In recognition of the important and long-standing
 2564  economic contribution of the thoroughbred horse breeding
 2565  industry to this state and the state’s vested interest in
 2566  promoting the continued viability of this agricultural activity,
 2567  the state intends to provide a limited opportunity for the
 2568  conduct of live thoroughbred horse racing with the net revenues
 2569  from such racing dedicated to the enhancement of thoroughbred
 2570  purses and breeders’, stallion, and special racing awards under
 2571  this chapter; the general promotion of the thoroughbred horse
 2572  breeding industry; and the care in this state of thoroughbred
 2573  horses retired from racing.
 2574         (2) A limited thoroughbred racing permit previously
 2575  converted from Notwithstanding any other provision of law, the
 2576  holder of a quarter horse racing permit pursuant to chapter
 2577  2010-29, Laws of Florida, issued under s. 550.334 may only be
 2578  held by, within 1 year after the effective date of this section,
 2579  apply to the division for a transfer of the quarter horse racing
 2580  permit to a not-for-profit corporation formed under state law to
 2581  serve the purposes of the state as provided in subsection (1).
 2582  The board of directors of the not-for-profit corporation must be
 2583  composed comprised of 11 members, 4 of whom shall be designated
 2584  by the applicant, 4 of whom shall be designated by the Florida
 2585  Thoroughbred Breeders’ Association, and 3 of whom shall be
 2586  designated by the other 8 directors, with at least 1 of these 3
 2587  members being an authorized representative of another
 2588  thoroughbred racing permitholder in this state. A limited
 2589  thoroughbred racing The not-for-profit corporation shall submit
 2590  an application to the division for review and approval of the
 2591  transfer in accordance with s. 550.054. Upon approval of the
 2592  transfer by the division, and notwithstanding any other
 2593  provision of law to the contrary, the not-for-profit corporation
 2594  may, within 1 year after its receipt of the permit, request that
 2595  the division convert the quarter horse racing permit to a permit
 2596  authorizing the holder to conduct pari-mutuel wagering meets of
 2597  thoroughbred racing. Neither the transfer of the quarter horse
 2598  racing permit nor its conversion to a limited thoroughbred
 2599  permit shall be subject to the mileage limitation or the
 2600  ratification election as set forth under s. 550.054(2) or s.
 2601  550.0651. Upon receipt of the request for such conversion, the
 2602  division shall timely issue a converted permit. The converted
 2603  permit and the not-for-profit corporation are shall be subject
 2604  to the following requirements:
 2605         (a) All net revenues derived by the not-for-profit
 2606  corporation under the thoroughbred horse racing permit, after
 2607  the funding of operating expenses and capital improvements,
 2608  shall be dedicated to the enhancement of thoroughbred purses and
 2609  breeders’, stallion, and special racing awards under this
 2610  chapter; the general promotion of the thoroughbred horse
 2611  breeding industry; and the care in this state of thoroughbred
 2612  horses retired from racing.
 2613         (b) From December 1 through April 30, no live thoroughbred
 2614  racing may not be conducted under the permit on any day during
 2615  which another thoroughbred racing permitholder is conducting
 2616  live thoroughbred racing within 125 air miles of the not-for
 2617  profit corporation’s pari-mutuel facility unless the other
 2618  thoroughbred racing permitholder gives its written consent.
 2619         (c) After the conversion of the quarter horse racing permit
 2620  and the issuance of its initial license to conduct pari-mutuel
 2621  wagering meets of thoroughbred racing, the not-for-profit
 2622  corporation shall annually apply to the division for a license
 2623  pursuant to s. 550.01215(7) s. 550.5251.
 2624         (d) Racing under the permit may take place only at the
 2625  location for which the original quarter horse racing permit was
 2626  issued, which may be leased, notwithstanding s. 550.475, by the
 2627  not-for-profit corporation for that purpose; however, the not
 2628  for-profit corporation may, without the conduct of any
 2629  ratification election pursuant to s. 550.054(13) or s. 550.0651,
 2630  move the location of the permit to another location in the same
 2631  county or counties, if a permit is situated in such a manner
 2632  that it is located in more than one county, provided that such
 2633  relocation is approved under the zoning and land use regulations
 2634  of the applicable county or municipality.
 2635         (e) A limited thoroughbred racing No permit may not be
 2636  transferred converted under this section is eligible for
 2637  transfer to another person or entity.
 2638         (3) Unless otherwise provided in this section, after
 2639  conversion, the permit and the not-for-profit corporation shall
 2640  be treated under the laws of this state as a thoroughbred racing
 2641  permit and as a thoroughbred racing permitholder, respectively,
 2642  with the exception of ss. 550.054(9)(c) and (d) and s.
 2643  550.09515(3).
 2644         (4)Notwithstanding any other law, the holder of a limited
 2645  thoroughbred racing permit under this section which is not
 2646  licensed to conduct a full schedule of live racing may, at any
 2647  time, apply for and be issued an operating license under this
 2648  chapter to receive broadcasts of horseraces and conduct
 2649  intertrack wagering on such races as a guest track.
 2650         Section 36. Subsection (6) of section 550.3551, Florida
 2651  Statutes, is amended to read:
 2652         550.3551 Transmission of racing and jai alai information;
 2653  commingling of pari-mutuel pools.—
 2654         (6)(a) A maximum of 20 percent of the total number of races
 2655  on which wagers are accepted by a greyhound permitholder not
 2656  located as specified in s. 550.615(6) may be received from
 2657  locations outside this state. A permitholder may not conduct
 2658  fewer than eight live races or games on any authorized race day
 2659  except as provided in this subsection. A thoroughbred racing
 2660  permitholder may not conduct fewer than eight live races on any
 2661  race day without the written approval of the Florida
 2662  Thoroughbred Breeders’ Association and the Florida Horsemen’s
 2663  Benevolent and Protective Association, Inc., unless it is
 2664  determined by the department that another entity represents a
 2665  majority of the thoroughbred racehorse owners and trainers in
 2666  the state. A harness horse racing permitholder may conduct fewer
 2667  than eight live races on any authorized race day, except that
 2668  such permitholder must conduct a full schedule of live racing
 2669  during its race meet consisting of at least eight live races per
 2670  authorized race day for at least 100 days. Any harness horse
 2671  permitholder that during the preceding racing season conducted a
 2672  full schedule of live racing may, at any time during its current
 2673  race meet, receive full-card broadcasts of harness horse races
 2674  conducted at harness racetracks outside this state at the
 2675  harness track of the permitholder and accept wagers on such
 2676  harness races. With specific authorization from the division for
 2677  special racing events, a permitholder may conduct fewer than
 2678  eight live races or games when the permitholder also broadcasts
 2679  out-of-state races or games. The division may not grant more
 2680  than two such exceptions a year for a permitholder in any 12
 2681  month period, and those two exceptions may not be consecutive.
 2682         (b) Notwithstanding any other provision of this chapter,
 2683  any harness horse racing permitholder accepting broadcasts of
 2684  out-of-state harness horse races when such permitholder is not
 2685  conducting live races must make the out-of-state signal
 2686  available to all permitholders eligible to conduct intertrack
 2687  wagering and shall pay to guest tracks located as specified in
 2688  ss. 550.615(6) and s. 550.6305(9)(d) 50 percent of the net
 2689  proceeds after taxes and fees to the out-of-state host track on
 2690  harness horse race wagers which they accept. A harness horse
 2691  racing permitholder shall be required to pay into its purse
 2692  account 50 percent of the net income retained by the
 2693  permitholder on account of wagering on the out-of-state
 2694  broadcasts received pursuant to this subsection. Nine-tenths of
 2695  a percent of all harness horse race wagering proceeds on the
 2696  broadcasts received pursuant to this subsection shall be paid to
 2697  the Florida Standardbred Breeders and Owners Association under
 2698  the provisions of s. 550.2625(4) for the purposes provided
 2699  therein.
 2700         Section 37. Section 550.475, Florida Statutes, is amended
 2701  to read:
 2702         550.475 Lease of pari-mutuel facilities by pari-mutuel
 2703  permitholders.—Holders of valid pari-mutuel permits for the
 2704  conduct of any jai alai games, dogracing, or thoroughbred and
 2705  standardbred horse racing in this state are entitled to lease
 2706  any and all of their facilities to any other holder of a same
 2707  class, valid pari-mutuel permit for jai alai games, dogracing,
 2708  or thoroughbred or standardbred horse racing, when they are
 2709  located within a 35-mile radius of each other,; and such lessee
 2710  is entitled to a permit and license to operate its race meet or
 2711  jai alai games at the leased premises. A permitholder may not
 2712  lease facilities from a pari-mutuel permitholder that is not
 2713  conducting a full schedule of live racing.
 2714         Section 38. Section 550.5251, Florida Statutes, is amended
 2715  to read:
 2716         550.5251 Florida thoroughbred racing; certain permits;
 2717  operating days.—
 2718         (1) Each thoroughbred permitholder shall annually, during
 2719  the period commencing December 15 of each year and ending
 2720  January 4 of the following year, file in writing with the
 2721  division its application to conduct one or more thoroughbred
 2722  racing meetings during the thoroughbred racing season commencing
 2723  on the following July 1. Each application shall specify the
 2724  number and dates of all performances that the permitholder
 2725  intends to conduct during that thoroughbred racing season. On or
 2726  before March 15 of each year, the division shall issue a license
 2727  authorizing each permitholder to conduct performances on the
 2728  dates specified in its application. Up to February 28 of each
 2729  year, each permitholder may request and shall be granted changes
 2730  in its authorized performances; but thereafter, as a condition
 2731  precedent to the validity of its license and its right to retain
 2732  its permit, each permitholder must operate the full number of
 2733  days authorized on each of the dates set forth in its license.
 2734         (2)A thoroughbred racing permitholder may not begin any
 2735  race later than 7 p.m. Any thoroughbred permitholder in a county
 2736  in which the authority for cardrooms has been approved by the
 2737  board of county commissioners may operate a cardroom and, when
 2738  conducting live races during its current race meet, may receive
 2739  and rebroadcast out-of-state races after the hour of 7 p.m. on
 2740  any day during which the permitholder conducts live races.
 2741         (1)(3)(a) Each licensed thoroughbred permitholder in this
 2742  state must run an average of one race per racing day in which
 2743  horses bred in this state and duly registered with the Florida
 2744  Thoroughbred Breeders’ Association have preference as entries
 2745  over non-Florida-bred horses, unless otherwise agreed to in
 2746  writing by the permitholder, the Florida Thoroughbred Breeders’
 2747  Association, and the association representing a majority of the
 2748  thoroughbred racehorse owners and trainers at that location. All
 2749  licensed thoroughbred racetracks shall write the conditions for
 2750  such races in which Florida-bred horses are preferred so as to
 2751  assure that all Florida-bred horses available for racing at such
 2752  tracks are given full opportunity to run in the class of races
 2753  for which they are qualified. The opportunity of running must be
 2754  afforded to each class of horses in the proportion that the
 2755  number of horses in this class bears to the total number of
 2756  Florida-bred horses available. A track is not required to write
 2757  conditions for a race to accommodate a class of horses for which
 2758  a race would otherwise not be run at the track during its meet.
 2759         (2)(b) Each licensed thoroughbred permitholder in this
 2760  state may run one additional race per racing day composed
 2761  exclusively of Arabian horses registered with the Arabian Horse
 2762  Registry of America. Any licensed thoroughbred permitholder that
 2763  elects to run one additional race per racing day composed
 2764  exclusively of Arabian horses registered with the Arabian Horse
 2765  Registry of America is not required to provide stables for the
 2766  Arabian horses racing under this subsection paragraph.
 2767         (3)(c) Each licensed thoroughbred permitholder in this
 2768  state may run up to three additional races per racing day
 2769  composed exclusively of quarter horses registered with the
 2770  American Quarter Horse Association.
 2771         Section 39. Subsections (2), (4), (6), and (7) of section
 2772  550.615, Florida Statutes, are amended, present subsections (8),
 2773  (9), and (10) of that section are redesignated as subsections
 2774  (6), (7), and (8), respectively, present subsection (9) of that
 2775  section is amended, and a new subsection (9) is added to that
 2776  section, to read:
 2777         550.615 Intertrack wagering.—
 2778         (2) A Any track or fronton licensed under this chapter
 2779  which has conducted a full schedule of live racing or games for
 2780  at least 5 consecutive calendar years since 2010 in the
 2781  preceding year conducted a full schedule of live racing is
 2782  qualified to, at any time, receive broadcasts of any class of
 2783  pari-mutuel race or game and accept wagers on such races or
 2784  games conducted by any class of permitholders licensed under
 2785  this chapter.
 2786         (4) An In no event shall any intertrack wager may not be
 2787  accepted on the same class of live races or games of any
 2788  permitholder without the written consent of such operating
 2789  permitholders conducting the same class of live races or games
 2790  if the guest track is within the market area of such operating
 2791  permitholder. A greyhound racing permitholder licensed under
 2792  this chapter which accepts intertrack wagers on live greyhound
 2793  signals is not required to obtain the written consent required
 2794  by this subsection from any operating greyhound racing
 2795  permitholder within its market area.
 2796         (6) Notwithstanding the provisions of subsection (3), in
 2797  any area of the state where there are three or more horserace
 2798  permitholders within 25 miles of each other, intertrack wagering
 2799  between permitholders in said area of the state shall only be
 2800  authorized under the following conditions: Any permitholder,
 2801  other than a thoroughbred permitholder, may accept intertrack
 2802  wagers on races or games conducted live by a permitholder of the
 2803  same class or any harness permitholder located within such area
 2804  and any harness permitholder may accept wagers on games
 2805  conducted live by any jai alai permitholder located within its
 2806  market area and from a jai alai permitholder located within the
 2807  area specified in this subsection when no jai alai permitholder
 2808  located within its market area is conducting live jai alai
 2809  performances; any greyhound or jai alai permitholder may receive
 2810  broadcasts of and accept wagers on any permitholder of the other
 2811  class provided that a permitholder, other than the host track,
 2812  of such other class is not operating a contemporaneous live
 2813  performance within the market area.
 2814         (7) In any county of the state where there are only two
 2815  permits, one for dogracing and one for jai alai, no intertrack
 2816  wager may be taken during the period of time when a permitholder
 2817  is not licensed to conduct live races or games without the
 2818  written consent of the other permitholder that is conducting
 2819  live races or games. However, if neither permitholder is
 2820  conducting live races or games, either permitholder may accept
 2821  intertrack wagers on horseraces or on the same class of races or
 2822  games, or on both horseraces and the same class of races or
 2823  games as is authorized by its permit.
 2824         (7)(9) In any two contiguous counties of the state in which
 2825  there are located only four active permits, one for thoroughbred
 2826  horse racing, two for greyhound racing dogracing, and one for
 2827  jai alai games, an no intertrack wager may not be accepted on
 2828  the same class of live races or games of any permitholder
 2829  without the written consent of such operating permitholders
 2830  conducting the same class of live races or games if the guest
 2831  track is within the market area of such operating permitholder.
 2832         (9) A greyhound racing permitholder that is eligible to
 2833  receive broadcasts pursuant to subsection (2) and is operating
 2834  pursuant to a current year operating license that specifies that
 2835  no live performances will be conducted may accept wagers on live
 2836  races conducted at out-of-state greyhound tracks only on the
 2837  days when the permitholder receives all live races that any
 2838  greyhound host track in this state makes available.
 2839         Section 40. Subsections (1), (4), and (5) of section
 2840  550.6308, Florida Statutes, are amended to read:
 2841         550.6308 Limited intertrack wagering license.—In
 2842  recognition of the economic importance of the thoroughbred
 2843  breeding industry to this state, its positive impact on tourism,
 2844  and of the importance of a permanent thoroughbred sales facility
 2845  as a key focal point for the activities of the industry, a
 2846  limited license to conduct intertrack wagering is established to
 2847  ensure the continued viability and public interest in
 2848  thoroughbred breeding in Florida.
 2849         (1) Upon application to the division on or before January
 2850  31 of each year, any person that is licensed to conduct public
 2851  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 2852  conducted at least 8 15 days of thoroughbred horse sales at a
 2853  permanent sales facility in this state for at least 3
 2854  consecutive years, and that has conducted at least 1 day of
 2855  nonwagering thoroughbred racing in this state, with a purse
 2856  structure of at least $250,000 per year for 2 consecutive years
 2857  before such application, shall be issued a license, subject to
 2858  the conditions set forth in this section, to conduct intertrack
 2859  wagering at such a permanent sales facility during the following
 2860  periods:
 2861         (a) Up to 21 days in connection with thoroughbred sales;
 2862         (b) Between November 1 and May 8;
 2863         (c) Between May 9 and October 31 at such times and on such
 2864  days as any thoroughbred, jai alai, or a greyhound permitholder
 2865  in the same county is not conducting live performances; provided
 2866  that any such permitholder may waive this requirement, in whole
 2867  or in part, and allow the licensee under this section to conduct
 2868  intertrack wagering during one or more of the permitholder’s
 2869  live performances; and
 2870         (d) During the weekend of the Kentucky Derby, the
 2871  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 2872  conducted before November 1 and after May 8.
 2873  
 2874  Only No more than one such license may be issued, and no such
 2875  license may be issued for a facility located within 50 miles of
 2876  any for-profit thoroughbred permitholder’s track.
 2877         (4) Intertrack wagering under this section may be conducted
 2878  only on thoroughbred horse racing, except that intertrack
 2879  wagering may be conducted on any class of pari-mutuel race or
 2880  game conducted by any class of permitholders licensed under this
 2881  chapter if all thoroughbred, jai alai, and greyhound
 2882  permitholders in the same county as the licensee under this
 2883  section give their consent.
 2884         (4)(5) The licensee shall be considered a guest track under
 2885  this chapter. The licensee shall pay 2.5 percent of the total
 2886  contributions to the daily pari-mutuel pool on wagers accepted
 2887  at the licensee’s facility on greyhound races or jai alai games
 2888  to the thoroughbred permitholder that is conducting live races
 2889  for purses to be paid during its current racing meet. If more
 2890  than one thoroughbred permitholder is conducting live races on a
 2891  day during which the licensee is conducting intertrack wagering
 2892  on greyhound races or jai alai games, the licensee shall
 2893  allocate these funds between the operating thoroughbred
 2894  permitholders on a pro rata basis based on the total live handle
 2895  at the operating permitholders’ facilities.
 2896         Section 41. Section 551.101, Florida Statutes, is amended
 2897  to read:
 2898         551.101 Slot machine gaming authorized.—A Any licensed
 2899  eligible pari-mutuel facility located in Miami-Dade County or
 2900  Broward County existing at the time of adoption of s. 23, Art. X
 2901  of the State Constitution that has conducted live racing or
 2902  games during calendar years 2002 and 2003 may possess slot
 2903  machines and conduct slot machine gaming at the location where
 2904  the pari-mutuel permitholder is authorized to conduct pari
 2905  mutuel wagering activities pursuant to such permitholder’s valid
 2906  pari-mutuel permit or at the location where a licensee is
 2907  authorized to conduct slot machine gaming pursuant to s.
 2908  551.1043 provided that a majority of voters in a countywide
 2909  referendum have approved slot machines at such facility in the
 2910  respective county. Notwithstanding any other provision of law,
 2911  it is not a crime for a person to participate in slot machine
 2912  gaming at a pari-mutuel facility licensed to possess slot
 2913  machines and conduct slot machine gaming or to participate in
 2914  slot machine gaming described in this chapter.
 2915         Section 42. Subsections (4), (10), and (11) of section
 2916  551.102, Florida Statutes, are amended to read:
 2917         551.102 Definitions.—As used in this chapter, the term:
 2918         (4) “Eligible facility” means any licensed pari-mutuel
 2919  facility or any facility authorized to conduct slot machine
 2920  gaming pursuant to s. 551.1043, which meets the requirements of
 2921  s. 551.104(2) located in Miami-Dade County or Broward County
 2922  existing at the time of adoption of s. 23, Art. X of the State
 2923  Constitution that has conducted live racing or games during
 2924  calendar years 2002 and 2003 and has been approved by a majority
 2925  of voters in a countywide referendum to have slot machines at
 2926  such facility in the respective county; any licensed pari-mutuel
 2927  facility located within a county as defined in s. 125.011,
 2928  provided such facility has conducted live racing for 2
 2929  consecutive calendar years immediately preceding its application
 2930  for a slot machine license, pays the required license fee, and
 2931  meets the other requirements of this chapter; or any licensed
 2932  pari-mutuel facility in any other county in which a majority of
 2933  voters have approved slot machines at such facilities in a
 2934  countywide referendum held pursuant to a statutory or
 2935  constitutional authorization after the effective date of this
 2936  section in the respective county, provided such facility has
 2937  conducted a full schedule of live racing for 2 consecutive
 2938  calendar years immediately preceding its application for a slot
 2939  machine license, pays the required licensed fee, and meets the
 2940  other requirements of this chapter.
 2941         (10) “Slot machine license” means a license issued by the
 2942  division authorizing a pari-mutuel permitholder or a licensee
 2943  authorized pursuant to s. 551.1043 to place and operate slot
 2944  machines as provided in by s. 23, Art. X of the State
 2945  Constitution, the provisions of this chapter, and by division
 2946  rule rules.
 2947         (11) “Slot machine licensee” means a pari-mutuel
 2948  permitholder or a licensee authorized pursuant to s. 551.1043
 2949  which who holds a license issued by the division pursuant to
 2950  this chapter which that authorizes such person to possess a slot
 2951  machine within facilities specified in s. 23, Art. X of the
 2952  State Constitution and allows slot machine gaming.
 2953         Section 43. Subsections (1) and (2), paragraph (c) of
 2954  subsection (4), and paragraphs (a) and (c) of subsection (10) of
 2955  section 551.104, Florida Statutes, are amended to read:
 2956         551.104 License to conduct slot machine gaming.—
 2957         (1) Upon application, and a finding by the division, after
 2958  investigation, that the application is complete and that the
 2959  applicant is qualified, and payment of the initial license fee,
 2960  the division may issue a license to conduct slot machine gaming
 2961  in the designated slot machine gaming area of the eligible
 2962  facility. Once licensed, slot machine gaming may be conducted
 2963  subject to the requirements of this chapter and rules adopted
 2964  pursuant thereto. The division may not issue a slot machine
 2965  license to any pari-mutuel permitholder that includes, or
 2966  previously included within its ownership group, an ultimate
 2967  equitable owner that was also an ultimate equitable owner of a
 2968  pari-mutuel permitholder whose permit was voluntarily or
 2969  involuntarily surrendered, suspended, or revoked by the division
 2970  within 10 years before the date of permitholder’s filing of an
 2971  application for a slot machine license.
 2972         (2) An application may be approved by the division only if:
 2973         (a) The facility at which the applicant seeks to operate
 2974  slot machines is:
 2975         1. A licensed pari-mutuel facility located in Miami-Dade
 2976  County or Broward County existing at the time of adoption of s.
 2977  23, Art. X of the State Constitution which conducted live racing
 2978  or games during calendar years 2002 and 2003, if such
 2979  permitholder pays the required license fee and meets the other
 2980  requirements of this chapter, including a facility that
 2981  relocates pursuant to s. 550.0555;
 2982         2.A licensed pari-mutuel facility in any county in which a
 2983  majority of voters have approved slot machines in a countywide
 2984  referendum, if such permitholder has conducted a full schedule
 2985  of live racing or games as defined in s. 550.002(11) for 2
 2986  consecutive calendar years immediately preceding its initial
 2987  application for a slot machine license, pays the required
 2988  license fee, and meets the other requirements of this chapter;
 2989         3.A facility at which a licensee is authorized to conduct
 2990  slot machine gaming pursuant to s. 551.1043, if such licensee
 2991  pays the required license fee and meets the other requirements
 2992  of this chapter; or
 2993         4.A licensed pari-mutuel facility, except for a pari
 2994  mutuel facility described in subparagraph 1., located on or
 2995  contiguous with property of the qualified project of a public
 2996  private partnership consummated between the permitholder and a
 2997  responsible public entity in accordance with s. 255.065 in a
 2998  county in which the referendum required pursuant to paragraph
 2999  (b) is conducted on or after January 1, 2018, and concurrently
 3000  with a general election, if such permitholder has conducted a
 3001  full schedule of live racing or games as defined in s.
 3002  550.002(11) for 2 consecutive calendar years immediately
 3003  preceding its initial application for a slot machine license;
 3004  provided that a license may be issued under this subparagraph
 3005  only after a comprehensive agreement has been executed pursuant
 3006  to s. 255.065(7).
 3007         (b)after The voters of the county where the applicant’s
 3008  facility is located have authorized by referendum slot machines
 3009  within pari-mutuel facilities in that county as specified in s.
 3010  23, Art. X of the State Constitution.
 3011         (4) As a condition of licensure and to maintain continued
 3012  authority for the conduct of slot machine gaming, a the slot
 3013  machine licensee shall:
 3014         (c)1. If conducting live racing or games, conduct no fewer
 3015  than a full schedule of live racing or games as defined in s.
 3016  550.002(11). A permitholder’s responsibility to conduct a full
 3017  schedule such number of live races or games as defined in s.
 3018  550.002(11) shall be reduced by the number of races or games
 3019  that could not be conducted due to the direct result of fire,
 3020  war, hurricane, or other disaster or event beyond the control of
 3021  the permitholder. A permitholder may conduct live races or games
 3022  at another pari-mutuel facility pursuant to s. 550.475 if such
 3023  permitholder has operated its live races or games by lease for
 3024  at least 5 consecutive years immediately prior to the
 3025  permitholder’s application for a slot machine license; or
 3026         2. If not licensed to conduct a full schedule of live
 3027  racing or games as defined in s. 550.002(11), remit for the
 3028  payment of purses and awards on live races an amount equal to
 3029  the lesser of $2 million or 3 percent of its slot machine
 3030  revenues from the previous state fiscal year to a slot machine
 3031  licensee licensed to conduct not fewer than 160 days of
 3032  thoroughbred racing. A slot machine licensee receiving funds
 3033  under this subparagraph shall remit, within 10 days of receipt,
 3034  10 percent of those funds to the Florida Thoroughbred Breeders’
 3035  Association, Inc., for the payment of breeders’, stallion, and
 3036  special racing awards, subject to the fee authorized in s.
 3037  550.2625(3). If no slot machine licensee is licensed for at
 3038  least 160 days of live thoroughbred racing, no payments for
 3039  purses are required. A slot machine licensee that meets the
 3040  requirements of subsection (10) shall receive a dollar-for
 3041  dollar credit to be applied toward the payments required under
 3042  this subparagraph which are made pursuant to the binding
 3043  agreement after the effective date of this act. This
 3044  subparagraph expires July 1, 2036.
 3045         (10)(a)1.A No slot machine license or renewal thereof may
 3046  not shall be issued to an applicant holding a permit under
 3047  chapter 550 to conduct pari-mutuel wagering meets of
 3048  thoroughbred racing unless the applicant has on file with the
 3049  division a binding written agreement between the applicant and
 3050  the Florida Horsemen’s Benevolent and Protective Association,
 3051  Inc., governing the payment of purses on live thoroughbred races
 3052  conducted at the licensee’s pari-mutuel facility. In addition, a
 3053  no slot machine license or renewal thereof may not shall be
 3054  issued to such an applicant unless the applicant has on file
 3055  with the division a binding written agreement between the
 3056  applicant and the Florida Thoroughbred Breeders’ Association,
 3057  Inc., governing the payment of breeders’, stallion, and special
 3058  racing awards on live thoroughbred races conducted at the
 3059  licensee’s pari-mutuel facility. The agreement governing purses
 3060  and the agreement governing awards may direct the payment of
 3061  such purses and awards from revenues generated by any wagering
 3062  or gaming the applicant is authorized to conduct under Florida
 3063  law. All purses and awards are shall be subject to the terms of
 3064  chapter 550. All sums for breeders’, stallion, and special
 3065  racing awards shall be remitted monthly to the Florida
 3066  Thoroughbred Breeders’ Association, Inc., for the payment of
 3067  awards subject to the administrative fee authorized in s.
 3068  550.2625(3). This paragraph does not apply to a summer
 3069  thoroughbred racing permitholder.
 3070         2. No slot machine license or renewal thereof shall be
 3071  issued to an applicant holding a permit under chapter 550 to
 3072  conduct pari-mutuel wagering meets of quarter horse racing
 3073  unless the applicant has on file with the division a binding
 3074  written agreement between the applicant and the Florida Quarter
 3075  Horse Racing Association or the association representing a
 3076  majority of the horse owners and trainers at the applicant’s
 3077  eligible facility, governing the payment of purses on live
 3078  quarter horse races conducted at the licensee’s pari-mutuel
 3079  facility. The agreement governing purses may direct the payment
 3080  of such purses from revenues generated by any wagering or gaming
 3081  the applicant is authorized to conduct under Florida law. All
 3082  purses shall be subject to the terms of chapter 550.
 3083         (c)1. If an agreement required under paragraph (a) cannot
 3084  be reached prior to the initial issuance of the slot machine
 3085  license, either party may request arbitration or, in the case of
 3086  a renewal, if an agreement required under paragraph (a) is not
 3087  in place 120 days prior to the scheduled expiration date of the
 3088  slot machine license, the applicant shall immediately ask the
 3089  American Arbitration Association to furnish a list of 11
 3090  arbitrators, each of whom shall have at least 5 years of
 3091  commercial arbitration experience and no financial interest in
 3092  or prior relationship with any of the parties or their
 3093  affiliated or related entities or principals. Each required
 3094  party to the agreement shall select a single arbitrator from the
 3095  list provided by the American Arbitration Association within 10
 3096  days of receipt, and the individuals so selected shall choose
 3097  one additional arbitrator from the list within the next 10 days.
 3098         2. If an agreement required under paragraph (a) is not in
 3099  place 60 days after the request under subparagraph 1. in the
 3100  case of an initial slot machine license or, in the case of a
 3101  renewal, 60 days prior to the scheduled expiration date of the
 3102  slot machine license, the matter shall be immediately submitted
 3103  to mandatory binding arbitration to resolve the disagreement
 3104  between the parties. The three arbitrators selected pursuant to
 3105  subparagraph 1. shall constitute the panel that shall arbitrate
 3106  the dispute between the parties pursuant to the American
 3107  Arbitration Association Commercial Arbitration Rules and chapter
 3108  682.
 3109         3. At the conclusion of the proceedings, which shall be no
 3110  later than 90 days after the request under subparagraph 1. in
 3111  the case of an initial slot machine license or, in the case of a
 3112  renewal, 30 days prior to the scheduled expiration date of the
 3113  slot machine license, the arbitration panel shall present to the
 3114  parties a proposed agreement that the majority of the panel
 3115  believes equitably balances the rights, interests, obligations,
 3116  and reasonable expectations of the parties. The parties shall
 3117  immediately enter into such agreement, which shall satisfy the
 3118  requirements of paragraph (a) and permit issuance of the pending
 3119  annual slot machine license or renewal. The agreement produced
 3120  by the arbitration panel under this subparagraph shall be
 3121  effective until the last day of the license or renewal period or
 3122  until the parties enter into a different agreement. Each party
 3123  shall pay its respective costs of arbitration and shall pay one
 3124  half of the costs of the arbitration panel, unless the parties
 3125  otherwise agree. If the agreement produced by the arbitration
 3126  panel under this subparagraph remains in place 120 days prior to
 3127  the scheduled issuance of the next annual license renewal, then
 3128  the arbitration process established in this paragraph will begin
 3129  again.
 3130         4. In the event that neither of the agreements required
 3131  under paragraph (a) subparagraph (a)1. or the agreement required
 3132  under subparagraph (a)2. are not in place by the deadlines
 3133  established in this paragraph, arbitration regarding each
 3134  agreement will proceed independently, with separate lists of
 3135  arbitrators, arbitration panels, arbitration proceedings, and
 3136  resulting agreements.
 3137         5. With respect to the agreements required under paragraph
 3138  (a) governing the payment of purses, the arbitration and
 3139  resulting agreement called for under this paragraph shall be
 3140  limited to the payment of purses from slot machine revenues
 3141  only.
 3142         Section 44. Section 551.1042, Florida Statutes, is created
 3143  to read:
 3144         551.1042Transfer or relocation of slot machine license
 3145  prohibited.—A slot machine license issued under this chapter may
 3146  not be transferred or reissued when such reissuance is in the
 3147  nature of a transfer so as to permit or authorize a licensee to
 3148  change the location of a slot machine facility, except through
 3149  the relocation of the pari-mutuel permit pursuant to s.
 3150  550.0555.
 3151         Section 45. Section 551.1043, Florida Statutes, is created
 3152  to read:
 3153         551.1043 Slot machine license to enhance live pari-mutuel
 3154  activity.—In recognition of the important and long-standing
 3155  economic contribution of the pari-mutuel industry to this state
 3156  and the state’s vested interest in the revenue generated from
 3157  that industry and in the interest of promoting the continued
 3158  viability of the important statewide agricultural activities
 3159  that the industry supports, the Legislature finds that it is in
 3160  the state’s interest to provide a limited opportunity for the
 3161  establishment of two additional slot machine licenses to be
 3162  awarded and renewed annually and located within Broward County
 3163  or a county as defined in s. 125.011.
 3164         (1)(a) Within 120 days after the effective date of this
 3165  act, any person who is not a slot machine licensee may apply to
 3166  the division pursuant to s. 551.104(1) for one of the two slot
 3167  machine licenses created by this section to be located in
 3168  Broward County or a county as defined in s. 125.011. No more
 3169  than one of such licenses may be awarded in each of those
 3170  counties. An applicant shall submit an application to the
 3171  division which satisfies the requirements of s. 550.054(3). Any
 3172  person prohibited from holding any horseracing or dogracing
 3173  permit or jai alai fronton permit pursuant to s. 550.1815 is
 3174  ineligible to apply for the additional slot machine license
 3175  created by this section.
 3176         (b) The application shall be accompanied by a nonrefundable
 3177  license application fee of $2 million. The license application
 3178  fee shall be deposited into the Pari-mutuel Wagering Trust Fund
 3179  of the Department of Business and Professional Regulation to be
 3180  used by the division and the Department of Law Enforcement for
 3181  investigations, the regulation of slot machine gaming, and the
 3182  enforcement of slot machine gaming under this chapter. In the
 3183  event of a successful award, the license application fee shall
 3184  be credited toward the license application fee required by s.
 3185  551.106.
 3186         (2) If there is more than one applicant for an additional
 3187  slot machine license, the division shall award such license to
 3188  the applicant that receives the highest score based on the
 3189  following criteria:
 3190         (a) The amount of slot machine revenues the applicant will
 3191  agree to dedicate to the enhancement of pari-mutuel purses and
 3192  breeders’, stallion, and special racing or player awards to be
 3193  awarded to pari-mutuel activities conducted pursuant to chapter
 3194  550, in addition to those required pursuant to ss.
 3195  551.104(4)(c)2. and 849.086(14)(d)2.;
 3196         (b) The amount of slot machine revenues the applicant will
 3197  agree to dedicate to the general promotion of the state’s pari
 3198  mutuel industry;
 3199         (c) The amount of slot machine revenues the applicant will
 3200  agree to dedicate to care provided in this state to injured or
 3201  retired animals, jockeys, or jai alai players;
 3202         (d) The projected amount by which the proposed slot machine
 3203  facility will increase tourism, generate jobs, provide revenue
 3204  to the local economy, and provide revenue to the state. The
 3205  applicant and its partners shall document their previous
 3206  experience in constructing premier facilities with high-quality
 3207  amenities which complement a local tourism industry;
 3208         (e) The financial history of the applicant and its
 3209  partners, including, but not limited to, any capital investments
 3210  in slot machine gaming and pari-mutuel facilities, and its bona
 3211  fide plan for future community involvement and financial
 3212  investment;
 3213         (f) The history of investment by the applicant and its
 3214  partners in the communities in which its previous developments
 3215  have been located;
 3216         (g) The ability to purchase and maintain a surety bond in
 3217  an amount established by the division to represent the projected
 3218  annual state revenues expected to be generated by the proposed
 3219  slot machine facility;
 3220         (h) The ability to demonstrate the financial wherewithal to
 3221  adequately capitalize, develop, construct, maintain, and operate
 3222  a proposed slot machine facility. The applicant must demonstrate
 3223  the ability to commit at least $100 million for hard costs
 3224  related to construction and development of the facility,
 3225  exclusive of the purchase price and costs associated with the
 3226  acquisition of real property and any impact fees. The applicant
 3227  must also demonstrate the ability to meet any projected secured
 3228  and unsecured debt obligations and to complete construction
 3229  within 2 years after receiving the award of the slot machine
 3230  license;
 3231         (i) The ability to implement a program to train and employ
 3232  residents of South Florida to work at the facility and contract
 3233  with local business owners for goods and services; and
 3234         (j) The ability of the applicant to generate, with its
 3235  partners, substantial gross gaming revenue following the award
 3236  of gaming licenses through a competitive process.
 3237  
 3238  The division shall award additional points in the evaluation of
 3239  the applications for proposed projects located within a half
 3240  mile of two forms of public transportation in a designated
 3241  community redevelopment area or district.
 3242         (3)(a) Notwithstanding the timeframes established in s.
 3243  120.60, the division shall complete its evaluations at least 120
 3244  days after the submission of applications and shall notice its
 3245  intent to award each of the licenses within that timeframe.
 3246  Within 30 days after the submission of an application, the
 3247  division shall issue, if necessary, requests for additional
 3248  information or notices of deficiency to the applicant, who must
 3249  respond within 15 days. Failure to timely and sufficiently
 3250  respond to such requests or to correct identified deficiencies
 3251  is grounds for denial of the application.
 3252         (b) Any protest of an intent to award a license shall be
 3253  forwarded to the Division of Administrative Hearings, which
 3254  shall conduct an administrative hearing on the matter before an
 3255  administrative law judge at least 30 days after the notice of
 3256  intent to award. The administrative law judge shall issue a
 3257  proposed recommended order at least 30 days after the completion
 3258  of the final hearing. The division shall issue a final order at
 3259  least 15 days after receipt of the proposed recommended order.
 3260         (c) Any appeal of a license denial shall be made to the
 3261  First District Court of Appeal and must be accompanied by the
 3262  posting of a supersedeas bond in favor of the state in an amount
 3263  determined by the division to be equal to the amount of
 3264  projected annual slot machine revenue expected to be generated
 3265  for the state by the successful licensee which shall be payable
 3266  to the state if the state prevails in the appeal.
 3267         (4) The division is authorized to adopt emergency rules
 3268  pursuant to s. 120.54 to implement this section. The Legislature
 3269  finds that such emergency rulemaking power is necessary for the
 3270  preservation of the rights and welfare of the people in order to
 3271  provide additional funds to benefit the public. The Legislature
 3272  further finds that the unique nature of the competitive award of
 3273  the slot machine licenses under this section requires that the
 3274  department respond as quickly as is practicable to implement
 3275  this section. Therefore, in adopting such emergency rules, the
 3276  division is exempt from s. 120.54(4)(a). Emergency rules adopted
 3277  under this section are exempt from s. 120.54(4)(c) and shall
 3278  remain in effect until replaced by other emergency rules or by
 3279  rules adopted pursuant to chapter 120.
 3280         (5)A licensee authorized pursuant to this section to
 3281  conduct slot machine gaming is:
 3282         (a)Authorized to operate a cardroom pursuant to s.
 3283  849.086, notwithstanding that the licensee does not have a pari
 3284  mutuel permit and does not have an operating license, pursuant
 3285  to chapter 550;
 3286         (b)Authorized to operate up to 25 house banked blackjack
 3287  table games at its facility pursuant to s. 551.1044(2) and is
 3288  subject to s. 551.1044(3), notwithstanding that the licensee
 3289  does not have a pari-mutuel permit and does not have an
 3290  operating license, pursuant to chapter 550;
 3291         (c)Exempt from compliance with chapter 550; and
 3292         (d)Exempt from s. 551.104(3), (4)(b) and (c)1., (5), and
 3293  (10) and from s. 551.114(4).
 3294         Section 46. Section 551.1044, Florida Statutes, is created
 3295  to read:
 3296         551.1044 House banked blackjack table games authorized.—
 3297         (1) The pari-mutuel permitholder of each of the following
 3298  pari-mutuel wagering facilities may operate up to 25 house
 3299  banked blackjack table games at the permitholder’s facility:
 3300         (a) A licensed pari-mutuel facility where live racing or
 3301  games were conducted during calendar years 2002 and 2003,
 3302  located in Miami-Dade County or Broward County, and authorized
 3303  for slot machine licensure pursuant to s. 23, Art. X of the
 3304  State Constitution; and
 3305         (b) A licensed pari-mutuel facility where a full schedule
 3306  of live horseracing has been conducted for 2 consecutive
 3307  calendar years immediately preceding its initial application for
 3308  a slot machine license which is located within a county as
 3309  defined in s. 125.011.
 3310         (2) Wagers on authorized house banked blackjack table games
 3311  may not exceed $100 for each initial two-card wager. Subsequent
 3312  wagers on splits or double downs are allowed but may not exceed
 3313  the initial two-card wager. Single side bets of not more than $5
 3314  are also allowed.
 3315         (3)Each pari-mutuel permitholder offering house banked
 3316  blackjack pursuant to this section shall pay a tax to the state
 3317  of 25 percent of the blackjack operator’s monthly gross
 3318  receipts. All provisions of s. 849.086(14), except s.
 3319  849.086(14)(a) or (b), apply to taxes owed pursuant to this
 3320  section.
 3321         Section 47. Subsections (1) and (2) and present subsection
 3322  (4) of section 551.106, Florida Statutes, are amended,
 3323  subsections (3) and (5) of that section are redesignated as new
 3324  subsection (4) and subsection (6), respectively, and a new
 3325  subsection (3) is added to that section, to read:
 3326         551.106 License fee; tax rate; penalties.—
 3327         (1) LICENSE FEE.—
 3328         (a) Upon submission of the initial application for a slot
 3329  machine license, and annually thereafter, on the anniversary
 3330  date of the issuance of the initial license, the licensee must
 3331  pay to the division a nonrefundable license fee of $3 million
 3332  for the succeeding 12 months of licensure. In the 2010-2011
 3333  fiscal year, the licensee must pay the division a nonrefundable
 3334  license fee of $2.5 million for the succeeding 12 months of
 3335  licensure. In the 2011-2012 fiscal year and for every fiscal
 3336  year thereafter, the licensee must pay the division a
 3337  nonrefundable license fee of $2 million for the succeeding 12
 3338  months of licensure. The license fee shall be deposited into the
 3339  Pari-mutuel Wagering Trust Fund of the Department of Business
 3340  and Professional Regulation to be used by the division and the
 3341  Department of Law Enforcement for investigations, regulation of
 3342  slot machine gaming, and enforcement of slot machine gaming
 3343  provisions under this chapter. These payments shall be accounted
 3344  for separately from taxes or fees paid pursuant to the
 3345  provisions of chapter 550.
 3346         (b) Prior to January 1, 2007, the division shall evaluate
 3347  the license fee and shall make recommendations to the President
 3348  of the Senate and the Speaker of the House of Representatives
 3349  regarding the optimum level of slot machine license fees in
 3350  order to adequately support the slot machine regulatory program.
 3351         (2) TAX ON SLOT MACHINE REVENUES.—
 3352         (a) The tax rate on slot machine revenues at each facility
 3353  is shall be 35 percent. Effective January 1, 2018, the tax rate
 3354  on slot machine revenues at each facility is 30 percent.
 3355  Effective July 1, 2019, the tax rate on slot machine revenues at
 3356  each facility is 25 percent. If, during any state fiscal year,
 3357  the aggregate amount of tax paid to the state by all slot
 3358  machine licensees in Broward and Miami-Dade Counties which were
 3359  licensed before January 1, 2017, is less than the aggregate
 3360  amount of tax paid to the state by all slot machine licensees in
 3361  those counties that were licensed before January 1, 2017, in the
 3362  2017-2018 2008-2009 fiscal year, any each slot machine licensee
 3363  that was licensed before January 1, 2017, that paid less in that
 3364  year than it paid in the 2017-2018 fiscal year shall pay to the
 3365  state within 45 days after the end of the state fiscal year a
 3366  surcharge equal to its pro rata share of an amount equal to the
 3367  difference between the aggregate amount of tax that it paid to
 3368  the state by all slot machine licensees in the 2017-2018 2008
 3369  2009 fiscal year and the amount of tax paid during the
 3370  applicable state fiscal year. Each licensee’s pro rata share
 3371  shall be an amount determined by dividing the number 1 by the
 3372  number of facilities licensed to operate slot machines during
 3373  the applicable fiscal year, regardless of whether the facility
 3374  is operating such machines.
 3375         (b) The slot machine revenue tax imposed by this section on
 3376  facilities licensed pursuant to s. 551.104(2)(a)1.-3. shall be
 3377  paid to the division for deposit into the Pari-mutuel Wagering
 3378  Trust Fund for immediate transfer by the Chief Financial Officer
 3379  for deposit into the Educational Enhancement Trust Fund of the
 3380  Department of Education. Any interest earnings on the tax
 3381  revenues shall also be transferred to the Educational
 3382  Enhancement Trust Fund. The slot machine revenue tax imposed by
 3383  this section on facilities licensed pursuant to s.
 3384  551.104(2)(a)4. shall be paid to the division for deposit into
 3385  the Pari-mutuel Wagering Trust Fund. The division shall transfer
 3386  90 percent of such funds to be deposited by the Chief Financial
 3387  Officer into the Educational Enhancement Trust Fund of the
 3388  Department of Education and shall transfer 10 percent of such
 3389  funds to the responsible public entity for the public-private
 3390  partnership of the slot machine licensee pursuant to ss.
 3391  551.104(2)(a)4. and 255.065.
 3392         (c)1. Funds transferred to the Educational Enhancement
 3393  Trust Fund under paragraph (b) shall be used to supplement
 3394  public education funding statewide. Funds transferred to a
 3395  responsible public entity pursuant to paragraph (b) shall be
 3396  used in accordance with s. 255.065 to finance the qualifying
 3397  project of such entity and the slot machine licensee which
 3398  established the licensee’s eligibility for initial licensure
 3399  pursuant to s. 551.104(2)(a)4.
 3400         2. If necessary to comply with any covenant established
 3401  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 3402  funds transferred to the Educational Enhancement Trust Fund
 3403  under paragraph (b) shall first be available to pay debt service
 3404  on lottery bonds issued to fund school construction in the event
 3405  lottery revenues are insufficient for such purpose or to satisfy
 3406  debt service reserve requirements established in connection with
 3407  lottery bonds. Moneys available pursuant to this subparagraph
 3408  are subject to annual appropriation by the Legislature.
 3409         (3) SLOT MACHINE GUARANTEE FEE; SURCHARGE.—
 3410         (a)If a permitholder located within a county that has
 3411  conducted a successful slot machine referendum after January 1,
 3412  2012, or a holder of a slot machine license awarded pursuant to
 3413  s. 551.1043 does not pay at least $11 million in total slot
 3414  machine taxes and license fees to the state in state fiscal year
 3415  2018-2019, the permitholder shall pay to the state within 45
 3416  days after the end of the state fiscal year a surcharge equal to
 3417  the difference between the aggregate amount of slot machine
 3418  taxes and license fees paid to the state in the fiscal year and
 3419  $11 million, regardless of whether the permitholder or licensee
 3420  operated slot machines during the fiscal year.
 3421         (b)If a permitholder located within a county that has
 3422  conducted a successful slot machine referendum after January 1,
 3423  2012, or a holder of a slot machine license awarded pursuant to
 3424  s. 551.1043 does not pay at least $21 million in total slot
 3425  machine taxes and license fees to the state in state fiscal year
 3426  2019-2020 and any subsequent state fiscal year, the permitholder
 3427  shall pay to the state within 45 days after the end of the state
 3428  fiscal year a surcharge equal to the difference between the
 3429  aggregate amount of slot machine taxes and license fees paid to
 3430  the state in the fiscal year and $21 million, regardless of
 3431  whether the permitholder or licensee operated slot machines
 3432  during the fiscal year.
 3433         (5)(4) TO PAY TAX; PENALTIES.—A slot machine licensee or
 3434  pari-mutuel permitholder who fails to make tax and any
 3435  applicable surcharge payments as required under this section is
 3436  subject to an administrative penalty of up to $10,000 for each
 3437  day the tax payment is not remitted. All administrative
 3438  penalties imposed and collected shall be deposited into the
 3439  Pari-mutuel Wagering Trust Fund of the Department of Business
 3440  and Professional Regulation. If any slot machine licensee or
 3441  pari-mutuel permitholder fails to pay penalties imposed by order
 3442  of the division under this subsection, the division may deny,
 3443  suspend, revoke, or refuse to renew the license of the
 3444  permitholder or slot machine licensee.
 3445         Section 48. Subsection (2) of section 551.108, Florida
 3446  Statutes, is amended to read:
 3447         551.108 Prohibited relationships.—
 3448         (2) A manufacturer or distributor of slot machines may not
 3449  enter into any contract with a slot machine licensee that
 3450  provides for any revenue sharing of any kind or nature that is
 3451  directly or indirectly calculated on the basis of a percentage
 3452  of slot machine revenues. Any maneuver, shift, or device whereby
 3453  this subsection is violated is a violation of this chapter and
 3454  renders any such agreement void. This subsection does not apply
 3455  to contracts related to a progressive system used in conjunction
 3456  with slot machines.
 3457         Section 49. Subsections (2) and (4) of section 551.114,
 3458  Florida Statutes, are amended to read:
 3459         551.114 Slot machine gaming areas.—
 3460         (2) If such races or games are available to the slot
 3461  machine licensee, the slot machine licensee shall display pari
 3462  mutuel races or games within the designated slot machine gaming
 3463  areas and offer patrons within the designated slot machine
 3464  gaming areas the ability to engage in pari-mutuel wagering on
 3465  any live, intertrack, and simulcast races conducted or offered
 3466  to patrons of the licensed facility.
 3467         (4) Designated slot machine gaming areas shall may be
 3468  located anywhere within the property described in a slot machine
 3469  licensee’s pari-mutuel permit within the current live gaming
 3470  facility or in an existing building that must be contiguous and
 3471  connected to the live gaming facility. If a designated slot
 3472  machine gaming area is to be located in a building that is to be
 3473  constructed, that new building must be contiguous and connected
 3474  to the live gaming facility.
 3475         Section 50. Section 551.116, Florida Statutes, is amended
 3476  to read:
 3477         551.116 Days and hours of operation.—Slot machine gaming
 3478  areas may be open 24 hours per day, 7 days a week daily
 3479  throughout the year. The slot machine gaming areas may be open a
 3480  cumulative amount of 18 hours per day on Monday through Friday
 3481  and 24 hours per day on Saturday and Sunday and on those
 3482  holidays specified in s. 110.117(1).
 3483         Section 51. Subsections (1) and (3) of section 551.121,
 3484  Florida Statutes, are amended to read:
 3485         551.121 Prohibited activities and devices; exceptions.—
 3486         (1) Complimentary or reduced-cost alcoholic beverages may
 3487  not be served to a person persons playing a slot machine.
 3488  Alcoholic beverages served to persons playing a slot machine
 3489  shall cost at least the same amount as alcoholic beverages
 3490  served to the general public at a bar within the facility.
 3491         (3) A slot machine licensee may not allow any automated
 3492  teller machine or similar device designed to provide credit or
 3493  dispense cash to be located within the designated slot machine
 3494  gaming areas of a facility of a slot machine licensee.
 3495         Section 52. Present subsections (9) through (17) of section
 3496  849.086, Florida Statutes, are redesignated as subsections (10)
 3497  through (18), respectively, and a new subsection (9) is added to
 3498  that section, subsections (1) and (2) of that section are
 3499  amended, paragraph (g) is added to subsection (4) of that
 3500  section, and paragraph (b) of subsection (5), paragraphs (a),
 3501  (b), and (c) of subsection (7), paragraphs (a) and (b) of
 3502  subsection (8), present subsection (12), paragraphs (d) and (h)
 3503  of present subsection (13), and present subsection (17) of
 3504  section 849.086, Florida Statutes, are amended, to read:
 3505         849.086 Cardrooms authorized.—
 3506         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 3507  to provide additional entertainment choices for the residents of
 3508  and visitors to the state, promote tourism in the state, provide
 3509  revenues to support the continuation of live pari-mutuel
 3510  activity, and provide additional state revenues through the
 3511  authorization of the playing of certain games in the state at
 3512  facilities known as cardrooms which are to be located at
 3513  licensed pari-mutuel facilities. To ensure the public confidence
 3514  in the integrity of authorized cardroom operations, this act is
 3515  designed to strictly regulate the facilities, persons, and
 3516  procedures related to cardroom operations. Furthermore, the
 3517  Legislature finds that authorized games of poker and dominoes as
 3518  herein defined are considered to be pari-mutuel style games and
 3519  not casino gaming because the participants play against each
 3520  other instead of against the house.
 3521         (2) DEFINITIONS.—As used in this section:
 3522         (a) “Authorized game” means a game or series of games of
 3523  poker or dominoes which are played in conformance with this
 3524  section a nonbanking manner.
 3525         (b) “Banking game” means a game in which the house is a
 3526  participant in the game, taking on players, paying winners, and
 3527  collecting from losers or in which the cardroom establishes a
 3528  bank against which participants play. A designated player game
 3529  is not a banking game.
 3530         (c) “Cardroom” means a facility where authorized games are
 3531  played for money or anything of value and to which the public is
 3532  invited to participate in such games and charged a fee for
 3533  participation by the operator of such facility. Authorized games
 3534  and cardrooms do not constitute casino gaming operations if
 3535  conducted at an eligible facility.
 3536         (d) “Cardroom management company” means any individual not
 3537  an employee of the cardroom operator, any proprietorship,
 3538  partnership, corporation, or other entity that enters into an
 3539  agreement with a cardroom operator to manage, operate, or
 3540  otherwise control the daily operation of a cardroom.
 3541         (e) “Cardroom distributor” means any business that
 3542  distributes cardroom paraphernalia such as card tables, betting
 3543  chips, chip holders, dominoes, dominoes tables, drop boxes,
 3544  banking supplies, playing cards, card shufflers, and other
 3545  associated equipment to authorized cardrooms.
 3546         (f) “Cardroom operator” means a licensed pari-mutuel
 3547  permitholder that which holds a valid permit and license issued
 3548  by the division pursuant to chapter 550 and which also holds a
 3549  valid cardroom license issued by the division pursuant to this
 3550  section which authorizes such person to operate a cardroom and
 3551  to conduct authorized games in such cardroom.
 3552         (g)“Designated player” means the player identified as the
 3553  player in the dealer position and seated at a traditional player
 3554  position in a designated player game who pays winning players
 3555  and collects from losing players.
 3556         (h)“Designated player game” means a game in which the
 3557  players compare their cards only to the cards of the designated
 3558  player or to a combination of cards held by the designated
 3559  player and cards common and available for play by all players.
 3560         (i)(g) “Division” means the Division of Pari-mutuel
 3561  Wagering of the Department of Business and Professional
 3562  Regulation.
 3563         (j)(h) “Dominoes” means a game of dominoes typically played
 3564  with a set of 28 flat rectangular blocks, called “bones,” which
 3565  are marked on one side and divided into two equal parts, with
 3566  zero to six dots, called “pips,” in each part. The term also
 3567  includes larger sets of blocks that contain a correspondingly
 3568  higher number of pips. The term also means the set of blocks
 3569  used to play the game.
 3570         (k)(i) “Gross receipts” means the total amount of money
 3571  received by a cardroom from any person for participation in
 3572  authorized games.
 3573         (l)(j) “House” means the cardroom operator and all
 3574  employees of the cardroom operator.
 3575         (m)(k) “Net proceeds” means the total amount of gross
 3576  receipts received by a cardroom operator from cardroom
 3577  operations less direct operating expenses related to cardroom
 3578  operations, including labor costs, admission taxes only if a
 3579  separate admission fee is charged for entry to the cardroom
 3580  facility, gross receipts taxes imposed on cardroom operators by
 3581  this section, the annual cardroom license fees imposed by this
 3582  section on each table operated at a cardroom, and reasonable
 3583  promotional costs excluding officer and director compensation,
 3584  interest on capital debt, legal fees, real estate taxes, bad
 3585  debts, contributions or donations, or overhead and depreciation
 3586  expenses not directly related to the operation of the cardrooms.
 3587         (n)(l) “Rake” means a set fee or percentage of the pot
 3588  assessed by a cardroom operator for providing the services of a
 3589  dealer, table, or location for playing the authorized game.
 3590         (o)(m) “Tournament” means a series of games that have more
 3591  than one betting round involving one or more tables and where
 3592  the winners or others receive a prize or cash award.
 3593         (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
 3594  Wagering of the Department of Business and Professional
 3595  Regulation shall administer this section and regulate the
 3596  operation of cardrooms under this section and the rules adopted
 3597  pursuant thereto, and is hereby authorized to:
 3598         (g) Establish a reasonable period to respond to requests
 3599  from a licensed cardroom; provided however, the division has a
 3600  maximum of 45 days to approve:
 3601         1. A cardroom’s internal controls or provide the cardroom
 3602  with a list of deficiencies as to the internal controls.
 3603         2. Rules for a new authorized game submitted by a licensed
 3604  cardroom or provide the cardroom with a list of deficiencies as
 3605  to those rules.
 3606  
 3607  Not later than 10 days after the submission of revised internal
 3608  controls or revised rules addressing the deficiencies identified
 3609  by the division, the division must review and approve or reject
 3610  the revised internal controls or revised rules.
 3611         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 3612  operate a cardroom in this state unless such person holds a
 3613  valid cardroom license issued pursuant to this section.
 3614         (b) After the initial cardroom license is granted, the
 3615  application for the annual license renewal shall be made in
 3616  conjunction with the applicant’s annual application for its
 3617  pari-mutuel license. If a permitholder has operated a cardroom
 3618  during any of the 3 previous fiscal years and fails to include a
 3619  renewal request for the operation of the cardroom in its annual
 3620  application for license renewal, the permitholder may amend its
 3621  annual application to include operation of the cardroom. In
 3622  order for a cardroom license to be renewed the applicant must
 3623  have requested, as part of its pari-mutuel annual license
 3624  application, to conduct at least 90 percent of the total number
 3625  of live performances conducted by such permitholder during
 3626  either the state fiscal year in which its initial cardroom
 3627  license was issued or the state fiscal year immediately prior
 3628  thereto if the permitholder ran at least a full schedule of live
 3629  racing or games in the prior year. If the application is for a
 3630  harness permitholder cardroom, the applicant must have requested
 3631  authorization to conduct a minimum of 140 live performances
 3632  during the state fiscal year immediately prior thereto. If more
 3633  than one permitholder is operating at a facility, each
 3634  permitholder must have applied for a license to conduct a full
 3635  schedule of live racing.
 3636         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 3637         (a) A cardroom may be operated only at the location
 3638  specified on the cardroom license issued by the division, and
 3639  such location may only be the location at which the pari-mutuel
 3640  permitholder is authorized to conduct pari-mutuel wagering
 3641  activities pursuant to such permitholder’s valid pari-mutuel
 3642  permit or as otherwise authorized by law. Cardroom operations
 3643  may not be allowed beyond the hours provided in paragraph (b)
 3644  regardless of the number of cardroom licenses issued for
 3645  permitholders operating at the pari-mutuel facility.
 3646         (b) Any cardroom operator may operate a cardroom at the
 3647  pari-mutuel facility daily throughout the year, if the
 3648  permitholder meets the requirements under paragraph (5)(b). The
 3649  cardroom may be open a cumulative amount of 18 hours per day on
 3650  Monday through Friday and 24 hours per day on Saturday and
 3651  Sunday and on the holidays specified in s. 110.117(1).
 3652         (c) A cardroom operator must at all times employ and
 3653  provide a nonplaying live dealer at for each table on which
 3654  authorized card games which traditionally use a dealer are
 3655  conducted, except for designated player games at the cardroom.
 3656  Such dealers may not have a participatory interest in any game
 3657  other than the dealing of cards and may not have an interest in
 3658  the outcome of the game. The providing of such dealers by a
 3659  licensee does not constitute the conducting of a banking game by
 3660  the cardroom operator.
 3661         (8) METHOD OF WAGERS; LIMITATION.—
 3662         (a) No Wagering may not be conducted using money or other
 3663  negotiable currency. Games may only be played utilizing a
 3664  wagering system whereby all players’ money is first converted by
 3665  the house to tokens or chips that may which shall be used for
 3666  wagering only at that specific cardroom.
 3667         (b) The cardroom operator may limit the amount wagered in
 3668  any game or series of games.
 3669         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 3670         (a)A cardroom operator may offer designated player games
 3671  consisting of players making wagers against the designated
 3672  player. The designated player must be licensed pursuant to
 3673  paragraph (6)(b). Employees of a designated player also must be
 3674  licensed, and the designated player shall pay, in addition to
 3675  the business occupational fee established pursuant to paragraph
 3676  (6)(i), an employee occupational license fee which may not
 3677  exceed $500 per employee for any 12-month period.
 3678         (b)A cardroom operator may not serve as a designated
 3679  player in any game. The cardroom operator may not have a
 3680  financial interest in a designated player in any game. A
 3681  cardroom operator may collect a rake in accordance with the rake
 3682  structure posted at the table.
 3683         (c)If there are multiple designated players at a table,
 3684  the dealer button shall be rotated in a clockwise rotation after
 3685  each hand.
 3686         (d)A cardroom operator may not allow a designated player
 3687  to pay an opposing player who holds a lower ranked hand.
 3688         (e)A designated player may not be required by the rules of
 3689  a game or by the rules of a cardroom to cover all wagers posted
 3690  by the opposing players.
 3691         (f)The cardroom, or any cardroom licensee, may not
 3692  contract with, or receive compensation other than a posted table
 3693  rake from, any player to participate in any game to serve as a
 3694  designated player.
 3695         (13)(12) PROHIBITED ACTIVITIES.—
 3696         (a) A No person licensed to operate a cardroom may not
 3697  conduct any banking game or any game not specifically authorized
 3698  by this section.
 3699         (b) A No person who is younger than under 18 years of age
 3700  may not be permitted to hold a cardroom or employee license, or
 3701  to engage in any game conducted therein.
 3702         (c) With the exception of mechanical card shufflers, No
 3703  electronic or mechanical devices, except mechanical card
 3704  shufflers, may not be used to conduct any authorized game in a
 3705  cardroom.
 3706         (d) No Cards, game components, or game implements may not
 3707  be used in playing an authorized game unless they have such has
 3708  been furnished or provided to the players by the cardroom
 3709  operator.
 3710         (14)(13) TAXES AND OTHER PAYMENTS.—
 3711         (d)1. Each greyhound and jai alai permitholder that
 3712  operates a cardroom facility shall use at least 4 percent of
 3713  such permitholder’s cardroom monthly gross receipts to
 3714  supplement greyhound purses and awards or jai alai prize money,
 3715  respectively, during the permitholder’s next ensuing pari-mutuel
 3716  meet.
 3717         2. A cardroom license or renewal thereof may not be issued
 3718  to a permitholder conducting less than a full schedule of live
 3719  racing or games as defined in s. 550.002(11) unless the
 3720  applicant has on file with the division a binding written
 3721  contract with a thoroughbred permitholder that is licensed to
 3722  conduct live racing and that does not possess a slot machine
 3723  license. This contract must provide that the permitholder will
 3724  pay an amount equal to 4 percent of its monthly cardroom gross
 3725  receipts to the thoroughbred permitholder conducting the live
 3726  racing for exclusive use as purses and awards during the current
 3727  or ensuing live racing meet of the thoroughbred permitholder. A
 3728  thoroughbred permitholder receiving funds under this
 3729  subparagraph shall remit, within 10 days of receipt, 10 percent
 3730  of those funds to the Florida Thoroughbred Breeders’
 3731  Association, Inc., for the payment of breeders’, stallion, and
 3732  special racing awards, subject to the fee authorized in s.
 3733  550.2625(3). If there is not a thoroughbred permitholder that
 3734  does not possess a slot machine license, payments for purses are
 3735  not required, and the cardroom licensee shall retain such funds
 3736  for its use Each thoroughbred and harness horse racing
 3737  permitholder that operates a cardroom facility shall use at
 3738  least 50 percent of such permitholder’s cardroom monthly net
 3739  proceeds as follows: 47 percent to supplement purses and 3
 3740  percent to supplement breeders’ awards during the permitholder’s
 3741  next ensuing racing meet.
 3742         3. No cardroom license or renewal thereof shall be issued
 3743  to an applicant holding a permit under chapter 550 to conduct
 3744  pari-mutuel wagering meets of quarter horse racing unless the
 3745  applicant has on file with the division a binding written
 3746  agreement between the applicant and the Florida Quarter Horse
 3747  Racing Association or the association representing a majority of
 3748  the horse owners and trainers at the applicant’s eligible
 3749  facility, governing the payment of purses on live quarter horse
 3750  races conducted at the licensee’s pari-mutuel facility. The
 3751  agreement governing purses may direct the payment of such purses
 3752  from revenues generated by any wagering or gaming the applicant
 3753  is authorized to conduct under Florida law. All purses shall be
 3754  subject to the terms of chapter 550.
 3755         (h) One-quarter of the moneys deposited into the Pari
 3756  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 3757  October 1 of each year, be distributed to the local government
 3758  that approved the cardroom under subsection (17) (16); however,
 3759  if two or more pari-mutuel racetracks are located within the
 3760  same incorporated municipality, the cardroom funds shall be
 3761  distributed to the municipality. If a pari-mutuel facility is
 3762  situated in such a manner that it is located in more than one
 3763  county, the site of the cardroom facility shall determine the
 3764  location for purposes of disbursement of tax revenues under this
 3765  paragraph. The division shall, by September 1 of each year,
 3766  determine: the amount of taxes deposited into the Pari-mutuel
 3767  Wagering Trust Fund pursuant to this section from each cardroom
 3768  licensee; the location by county of each cardroom; whether the
 3769  cardroom is located in the unincorporated area of the county or
 3770  within an incorporated municipality; and, the total amount to be
 3771  distributed to each eligible county and municipality.
 3772         (18)(17) CHANGE OF LOCATION; REFERENDUM.—
 3773         (a) Notwithstanding any provisions of this section, a no
 3774  cardroom gaming license issued under this section may not shall
 3775  be transferred, or reissued when such reissuance is in the
 3776  nature of a transfer, so as to permit or authorize a licensee to
 3777  change the location of the cardroom except through the
 3778  relocation of the pari-mutuel permit pursuant to s. 550.0555 or
 3779  s. 550.3345 upon proof in such form as the division may
 3780  prescribe that a referendum election has been held:
 3781         1. If the proposed new location is within the same county
 3782  as the already licensed location, in the county where the
 3783  licensee desires to conduct cardroom gaming and that a majority
 3784  of the electors voting on the question in such election voted in
 3785  favor of the transfer of such license. However, the division
 3786  shall transfer, without requirement of a referendum election,
 3787  the cardroom license of any permitholder that relocated its
 3788  permit pursuant to s. 550.0555.
 3789         2. If the proposed new location is not within the same
 3790  county as the already licensed location, in the county where the
 3791  licensee desires to conduct cardroom gaming and that a majority
 3792  of the electors voting on that question in each such election
 3793  voted in favor of the transfer of such license.
 3794         (b) The expense of each referendum held under the
 3795  provisions of this subsection shall be borne by the licensee
 3796  requesting the transfer.
 3797         Section 53. Paragraph (c) is added to subsection (2) of
 3798  section 849.0931, Florida Statutes, and subsection (14) of that
 3799  section is republished, to read:
 3800         849.0931 Bingo authorized; conditions for conduct;
 3801  permitted uses of proceeds; limitations.—
 3802         (2)
 3803         (c) Veterans’ organizations engaged in charitable, civic,
 3804  benevolent, or scholastic works or other similar endeavors,
 3805  which organizations have been in existence for 3 years or more,
 3806  may conduct instant bingo in accordance with the requirements of
 3807  this section using electronic tickets in lieu of or together
 3808  with instant bingo paper tickets, only on the following
 3809  premises:
 3810         1.Property owned by the veterans’ organization.
 3811         2.Property owned by the veterans’ organization that will
 3812  benefit from the proceeds.
 3813         3.Property leased for a period of not less than 1 year by
 3814  a veterans’ organization, providing the lease or rental
 3815  agreement does not provide for the payment of a percentage of
 3816  the proceeds generated at such premises to the lessor or any
 3817  other party and providing the rental rate for such premises does
 3818  not exceed the rental rates charged for similar premises in the
 3819  same locale.
 3820  
 3821  Electronic tickets for instant bingo must be nontransparent
 3822  until the electronic ticket is opened by the player in
 3823  electronic form and may only be sold or distributed in this
 3824  state by veterans’ organizations after the software for such
 3825  tickets has been independently analyzed and certified to be
 3826  compliant with this section by a nationally recognized
 3827  independent gaming laboratory.
 3828         (14) Any organization or other person who willfully and
 3829  knowingly violates any provision of this section commits a
 3830  misdemeanor of the first degree, punishable as provided in s.
 3831  775.082 or s. 775.083. For a second or subsequent offense, the
 3832  organization or other person commits a felony of the third
 3833  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3834  775.084.
 3835         Section 54. The Division of Pari-mutuel Wagering of the
 3836  Department of Business and Professional Regulation shall revoke
 3837  any permit to conduct pari-mutuel wagering if a permitholder has
 3838  not conducted live events within the 24 months preceding the
 3839  effective date of this act, unless the permit was issued under
 3840  s. 550.3345, Florida Statutes, or the permit was issued less
 3841  than 24 months preceding the effective date of this act. A
 3842  permit revoked under this section may not be reissued.
 3843         Section 55. The Division of Law Revision and Information is
 3844  directed to replace the phrase “the effective date of this act”
 3845  wherever it occurs in this act with the date the act becomes
 3846  effective, in accordance with the notice received from the
 3847  Secretary of the Department of Business and Professional
 3848  Regulation pursuant to s. 285.710(3), Florida Statutes.
 3849         Section 56. Except as otherwise expressly provided in this
 3850  act, and except for this section, which shall take effect upon
 3851  this act becoming a law, this act shall take effect only if the
 3852  Gaming Compact between the Seminole Tribe of Florida and the
 3853  State of Florida executed by the Governor and the Seminole Tribe
 3854  of Florida on December 7, 2015, under the Indian Gaming
 3855  Regulatory Act of 1988, is amended as required by this act, and
 3856  is approved or deemed approved and not voided by the United
 3857  States Department of the Interior, and shall take effect on the
 3858  date that notice of the effective date of the amended compact is
 3859  published in the Federal Register.