CS for SB 8                                      First Engrossed
       
       
       
       
       
       
       
       
       20178e1
       
    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; repealing s. 550.09511(4),
  174         F.S., relating to a requirement that certain jai alai
  175         permitholders pay to the state the same aggregate
  176         amount of certain fees and taxes as the permitholders
  177         paid during a specified year in which they conducted
  178         at least 100 live performances; amending s. 550.09512,
  179         F.S.; providing for the revocation of certain harness
  180         horse racing permits; specifying that a revoked permit
  181         may not be reissued; amending s. 550.09514, F.S.;
  182         deleting certain provisions that prohibit tax on
  183         handle until a specified amount of tax savings have
  184         resulted; revising purse requirements of a greyhound
  185         racing permitholder that conducts live racing;
  186         amending s. 550.09515, F.S.; providing for the
  187         revocation of certain thoroughbred racing permits;
  188         specifying that a revoked permit may not be reissued;
  189         amending s. 550.1625, F.S.; deleting the requirement
  190         that a greyhound racing permitholder pay the breaks
  191         tax; repealing s. 550.1647, F.S., relating to
  192         unclaimed tickets and breaks held by greyhound racing
  193         permitholders; amending s. 550.1648, F.S.; revising
  194         requirements for a greyhound racing permitholder to
  195         provide a greyhound adoption booth at its facility;
  196         requiring sterilization of greyhounds before adoption;
  197         authorizing the fee for such sterilization to be
  198         included in the cost of adoption; defining the term
  199         “bona fide organization that promotes or encourages
  200         the adoption of greyhounds”; creating s. 550.1752,
  201         F.S.; creating the permit reduction program within the
  202         division; providing a purpose for the program;
  203         providing for funding for the program; requiring the
  204         division to purchase pari-mutuel permits from
  205         permitholders under certain circumstances; requiring
  206         that permitholders who wish to make an offer to sell
  207         meet certain requirements; requiring the division to
  208         adopt a certain form by rule; requiring that the
  209         division establish the value of a pari-mutuel permit
  210         based on the valuation of one or more independent
  211         appraisers; authorizing the division to establish a
  212         value that is lower than the valuation of the
  213         independent appraiser; requiring the division to
  214         accept the offers that best utilize available funding;
  215         prohibiting the department from accepting an offer to
  216         purchase a permit or from executing a contract to
  217         purchase a permit under certain conditions; requiring,
  218         by a specified date, that the division certify an
  219         executed contract to the Chief Financial Officer and
  220         request a distribution to be paid to the permitholder;
  221         limiting such distributions; providing for expiration
  222         of the program; creating s. 550.1753, F.S.; creating
  223         the thoroughbred purse and awards supplement program
  224         within the division as of a specified date; providing
  225         a purpose for the program; providing for funding of
  226         the program; requiring the division, within a
  227         specified timeframe, to certify to the Chief Financial
  228         Officer the amount of the purse and awards supplement
  229         funds to be distributed to eligible thoroughbred
  230         racing permitholders and request distribution of such
  231         funds from the General Revenue Fund to such
  232         permitholders; limiting the amount of distributions in
  233         any given fiscal year; specifying intended uses of the
  234         funds; prohibiting certain thoroughbred horse racing
  235         permitholders from receiving purse and awards
  236         supplements unless they provide a copy of a certain
  237         agreement; specifying percentages of the funds that
  238         must be used for certain purposes; requiring the
  239         division to apportion purse and awards supplement
  240         funds in a specified manner; providing conditions
  241         under which certain limited thoroughbred racing
  242         permitholders may make annual application for and
  243         receive certain funds; providing that funding must be
  244         allocated on a pro rata share basis; providing that
  245         certain funding is conditioned on limited thoroughbred
  246         racing permitholders applying for a limited number of
  247         performances; providing that limited thoroughbred
  248         permitholders under the program are treated as other
  249         thoroughbred permitholders applying for funding after
  250         a certain date; authorizing such funds to be used to
  251         supplement purses and subsidize certain costs;
  252         requiring the division to distribute a specified
  253         percentage of funds to a specified organization for
  254         payment of specified racing awards; authorizing
  255         certain supplemental funds to be returned to
  256         thoroughbred horse racing permitholders to allow them
  257         to distribute special racing awards under certain
  258         circumstances under terms established in a required
  259         written agreement; requiring the division to adopt a
  260         form to apply to receive supplement purse funds under
  261         the program; authorizing the division to adopt rules;
  262         providing for expiration of the program; amending s.
  263         550.2415, F.S.; revising the actions that mark the
  264         commencement of certain administrative actions;
  265         requiring the division to adopt certain rules;
  266         deleting a provision specifying the version of the
  267         Controlled Therapeutic Medication Schedule which must
  268         be used by the division to adopt certain rules;
  269         requiring the division rules to include a penalty
  270         system for the use of certain drugs, medications, and
  271         other foreign substances; requiring the classification
  272         and penalty system included in division rules to
  273         incorporate specified documents; creating s. 550.2416,
  274         F.S.; requiring injuries to racing greyhounds to be
  275         reported within a certain timeframe on a form adopted
  276         by the division; requiring such form to be completed
  277         and signed under oath or affirmation by certain
  278         individuals; providing penalties; specifying
  279         information that must be included on the form;
  280         requiring the division to maintain the forms as public
  281         records for a specified time; specifying disciplinary
  282         action that may be taken against a licensee of the
  283         Department of Business and Professional Regulation who
  284         makes false statements on an injury form or who fails
  285         to report an injury; exempting injuries to certain
  286         animals from reporting requirements; requiring the
  287         division to adopt rules; amending s. 550.26165, F.S.;
  288         conforming a cross-reference; amending s. 550.3345,
  289         F.S.; deleting obsolete provisions; revising
  290         requirements for a permit previously converted from a
  291         quarter horse racing permit to a limited thoroughbred
  292         racing permit; authorizing certain holders of limited
  293         thoroughbred racing permits to apply for and be issued
  294         an operating license for a specified purpose under
  295         certain circumstances; amending s. 550.3551, F.S.;
  296         deleting a provision that limits the number of out-of
  297         state races on which wagers are accepted by a
  298         greyhound racing permitholder; deleting a provision
  299         requiring certain permitholders to conduct a full
  300         schedule of live racing to receive certain full-card
  301         broadcasts and accept certain wagers; conforming a
  302         cross-reference; amending s. 550.475, F.S.;
  303         prohibiting a permitholder from leasing from certain
  304         pari-mutuel permitholders; amending s. 550.5251, F.S.;
  305         deleting a provision relating to requirements for
  306         thoroughbred permitholders; deleting a provision
  307         prohibiting a thoroughbred racing permitholder from
  308         beginning a race before a specified time; amending s.
  309         550.615, F.S.; revising eligibility requirements for
  310         certain pari-mutuel facilities to qualify to receive
  311         certain broadcasts; providing that certain greyhound
  312         racing permitholders are not required to obtain
  313         certain written consent; deleting requirements that
  314         intertrack wagering be conducted between certain
  315         permitholders; deleting a provision prohibiting
  316         certain intertrack wagering in certain counties;
  317         specifying conditions under which greyhound racing
  318         permitholders may accept wagers; amending s. 550.6308,
  319         F.S.; revising the number of days of thoroughbred
  320         horse sales required for an applicant to obtain a
  321         limited intertrack wagering license; revising
  322         eligibility requirements for such licenses; revising
  323         requirements for such wagering; deleting provisions
  324         requiring a licensee to make certain payments to the
  325         daily pari-mutuel pool; amending s. 551.101, F.S.;
  326         revising the facilities that may possess slot machines
  327         and conduct slot machine gaming; deleting certain
  328         provisions requiring a countywide referendum to
  329         approve slot machines at certain facilities; amending
  330         s. 551.102, F.S.; revising definitions; amending s.
  331         551.104, F.S.; prohibiting the division from issuing a
  332         slot machine license to certain pari-mutuel
  333         permitholders; revising conditions of licensure and
  334         conditions for maintaining authority to conduct slot
  335         machine gaming; exempting a summer thoroughbred racing
  336         permitholder from certain purse requirements;
  337         providing applicability; providing an expiration for a
  338         provision requiring certain slot machine licensees to
  339         remit a certain amount for the payment of purses on
  340         live races; deleting a provision prohibiting the
  341         division from issuing or renewing a license for an
  342         applicant holding a permit under ch. 550, F.S., under
  343         certain circumstances; conforming provisions to
  344         changes made by the act; creating s. 551.1042, F.S.;
  345         prohibiting the transfer of a slot machine license or
  346         relocation of a slot machine facility; providing an
  347         exception; creating s. 551.1043, F.S.; providing
  348         legislative findings; authorizing two additional slot
  349         machine licenses to be awarded and renewed annually to
  350         persons located in specified counties; providing that
  351         no more than one license may be awarded in each of
  352         those counties; authorizing certain persons to apply
  353         for such licenses; providing that certain persons are
  354         ineligible to apply for the additional slot machine
  355         licenses; providing a license application fee;
  356         requiring the deposit of the fee in the Pari-mutuel
  357         Wagering Trust Fund; requiring the Division of Pari
  358         mutuel Wagering to award the license to the applicant
  359         that best meets the selection criteria; providing
  360         selection criteria; requiring the division to complete
  361         a certain evaluation by a specified date; specifying
  362         grounds for denial of an application; providing that
  363         certain protests be forwarded to the Division of
  364         Administrative Hearings; providing requirements for
  365         appeals; authorizing the Division of Pari-mutuel
  366         Wagering to adopt certain emergency rules; authorizing
  367         the licensee of the additional slot machine license to
  368         operate a cardroom and a specified number of house
  369         banked blackjack table games at its facility under
  370         certain circumstances; providing that such licensee is
  371         subject to specified provisions of ch. 849, F.S., and
  372         exempt from specified provisions of chs. 550 and 551,
  373         F.S.; creating s. 551.1044, F.S.; authorizing
  374         blackjack table games at certain pari-mutuel
  375         facilities; specifying limits on wagers; requiring a
  376         permitholder that offers banked blackjack to pay a tax
  377         to the state; providing that such tax is subject to
  378         certain provisions of ch. 849, F.S.; amending s.
  379         551.106, F.S.; deleting obsolete provisions; revising
  380         the tax rate on slot machine revenues under certain
  381         conditions; revising the taxes to be paid to the
  382         division for deposit into the Pari-mutuel Wagering
  383         Trust Fund; requiring certain funds to be transferred
  384         into the Educational Enhancement Trust Fund and to
  385         specified entities; requiring certain permitholders
  386         and licensees to pay a slot machine guarantee fee if
  387         certain taxes and fees paid to the state during
  388         certain periods fall below a specified amount;
  389         amending s. 551.108, F.S.; providing applicability;
  390         amending s. 551.114, F.S.; revising the areas where a
  391         designated slot machine gaming area may be located;
  392         amending s. 551.116, F.S.; deleting a restriction on
  393         the number of hours per day that slot machine gaming
  394         areas may be open; amending s. 551.121, F.S.;
  395         authorizing the serving of complimentary or reduced
  396         cost alcoholic beverages to persons playing slot
  397         machines; authorizing the location of an automated
  398         teller machine or similar device within designated
  399         slot machine gaming areas; amending s. 849.086, F.S.;
  400         revising legislative intent; revising definitions;
  401         authorizing the division to establish a reasonable
  402         period to respond to certain requests from a licensed
  403         cardroom; providing that the division must approve
  404         certain requests within 45 days; requiring the
  405         division to review and approve or reject certain
  406         revised internal controls or revised rules within 10
  407         days after submission; revising certain license
  408         renewal requirements; deleting provisions relating to
  409         restrictions on hours of operation; authorizing
  410         certain cardroom operators to offer certain designated
  411         player games; requiring the designated player and
  412         employees of the designated player to be licensed;
  413         requiring the designated player to pay certain fees;
  414         prohibiting cardroom operators from serving as the
  415         designated player in a game and from having a
  416         financial interest in a designated player; authorizing
  417         a cardroom operator to collect a rake, subject to
  418         certain requirements; requiring the dealer button to
  419         be rotated under certain circumstances; prohibiting a
  420         cardroom operator from allowing a designated player to
  421         pay an opposing player under certain circumstances;
  422         prohibiting the rules of the game or of the cardroom
  423         to require a designated player to cover all wagers of
  424         opposing players; prohibiting a cardroom or cardroom
  425         licensee from contracting with or receiving certain
  426         compensation from a player to allow that player to
  427         participate in any game as a designated player;
  428         revising requirements for a cardroom license to be
  429         issued or renewed; requiring a certain written
  430         agreement with a thoroughbred permitholder; providing
  431         contract requirements for the agreement; requiring a
  432         thoroughbred permitholder to remit a percentage of
  433         specified funds to the Florida Thoroughbred Breeders’
  434         Association, Inc., subject to certain requirements;
  435         revising requirements to transfer or reissue certain
  436         cardroom gaming licenses; conforming provisions to
  437         changes made by the act; amending s. 849.0931, F.S.;
  438         authorizing certain veterans’ organizations engaged in
  439         charitable, civic, benevolent, or scholastic works or
  440         similar endeavors to conduct bingo using electronic
  441         tickets on specified premises; requiring that
  442         electronic tickets for instant bingo meet a certain
  443         requirement; making the sale of such tickets by
  444         veterans’ organizations contingent upon certification
  445         of software by a nationally recognized independent
  446         gaming laboratory; directing the Division of Pari
  447         mutuel Wagering to revoke certain pari-mutuel permits;
  448         specifying that the revoked permits may not be
  449         reissued; providing a directive to the Division of Law
  450         Revision and Information; providing effective dates;
  451         providing a contingent effective date.
  452          
  453  Be It Enacted by the Legislature of the State of Florida:
  454  
  455         Section 1. Section 24.103, Florida Statutes, is reordered
  456  and amended to read:
  457         24.103 Definitions.—As used in this act, the term:
  458         (1) “Department” means the Department of the Lottery.
  459         (6)(2) “Secretary” means the secretary of the department.
  460         (3) “Person” means any individual, firm, association, joint
  461  adventure, partnership, estate, trust, syndicate, fiduciary,
  462  corporation, or other group or combination and includes an shall
  463  include any agency or political subdivision of the state.
  464         (4) “Point-of-sale terminal” means an electronic device
  465  used to process credit card, debit card, or other similar charge
  466  card payments at retail locations which is supported by networks
  467  that enable verification, payment, transfer of funds, and
  468  logging of transactions.
  469         (2)(4) “Major procurement” means a procurement for a
  470  contract for the printing of tickets for use in any lottery
  471  game, consultation services for the startup of the lottery, any
  472  goods or services involving the official recording for lottery
  473  game play purposes of a player’s selections in any lottery game
  474  involving player selections, any goods or services involving the
  475  receiving of a player’s selection directly from a player in any
  476  lottery game involving player selections, any goods or services
  477  involving the drawing, determination, or generation of winners
  478  in any lottery game, the security report services provided for
  479  in this act, or any goods and services relating to marketing and
  480  promotion which exceed a value of $25,000.
  481         (5) “Retailer” means a person who sells lottery tickets on
  482  behalf of the department pursuant to a contract.
  483         (7)(6) “Vendor” means a person who provides or proposes to
  484  provide goods or services to the department, but does not
  485  include an employee of the department, a retailer, or a state
  486  agency.
  487         Section 2. Present subsections (19) and (20) of section
  488  24.105, Florida Statutes, are redesignated as subsections (20)
  489  and (21), respectively, and a new subsection (19) is added to
  490  that section, to read:
  491         24.105 Powers and duties of department.—The department
  492  shall:
  493         (19) Have the authority to create a program that allows a
  494  person who is at least 18 years of age to purchase a lottery
  495  ticket at a point-of-sale terminal. The department may adopt
  496  rules to administer the program. Such rules shall include, but
  497  are not limited to, the following:
  498         (a) Limiting the dollar amount of lottery tickets that a
  499  person may purchase at point-of-sale terminals;
  500         (b) Creating a process to enable a customer to restrict or
  501  prevent his or her own access to lottery tickets; and
  502         (c) Ensuring that the program is administered in a manner
  503  that does not breach the exclusivity provisions of any Indian
  504  gaming compact to which this state is a party.
  505         Section 3. Section 24.112, Florida Statutes, is amended to
  506  read:
  507         24.112 Retailers of lottery tickets; authorization of
  508  vending machines; point-of-sale terminals to dispense lottery
  509  tickets.—
  510         (1) The department shall adopt promulgate rules specifying
  511  the terms and conditions for contracting with retailers who will
  512  best serve the public interest and promote the sale of lottery
  513  tickets.
  514         (2) In the selection of retailers, the department shall
  515  consider factors such as financial responsibility, integrity,
  516  reputation, accessibility of the place of business or activity
  517  to the public, security of the premises, the sufficiency of
  518  existing retailers to serve the public convenience, and the
  519  projected volume of the sales for the lottery game involved. In
  520  the consideration of these factors, the department may require
  521  the information it deems necessary of any person applying for
  522  authority to act as a retailer. However, the department may not
  523  establish a limitation upon the number of retailers and shall
  524  make every effort to allow small business participation as
  525  retailers. It is the intent of the Legislature that retailer
  526  selections be based on business considerations and the public
  527  convenience and that retailers be selected without regard to
  528  political affiliation.
  529         (3) The department may shall not contract with any person
  530  as a retailer who:
  531         (a) Is less than 18 years of age.
  532         (b) Is engaged exclusively in the business of selling
  533  lottery tickets; however, this paragraph may shall not preclude
  534  the department from selling lottery tickets.
  535         (c) Has been convicted of, or entered a plea of guilty or
  536  nolo contendere to, a felony committed in the preceding 10
  537  years, regardless of adjudication, unless the department
  538  determines that:
  539         1. The person has been pardoned or the person’s civil
  540  rights have been restored;
  541         2. Subsequent to such conviction or entry of plea the
  542  person has engaged in the kind of law-abiding commerce and good
  543  citizenship that would reflect well upon the integrity of the
  544  lottery; or
  545         3. If the person is a firm, association, partnership,
  546  trust, corporation, or other entity, the person has terminated
  547  its relationship with the individual whose actions directly
  548  contributed to the person’s conviction or entry of plea.
  549         (4) The department shall issue a certificate of authority
  550  to each person with whom it contracts as a retailer for purposes
  551  of display pursuant to subsection (6). The issuance of the
  552  certificate may shall not confer upon the retailer any right
  553  apart from that specifically granted in the contract. The
  554  authority to act as a retailer may shall not be assignable or
  555  transferable.
  556         (5) A Any contract executed by the department pursuant to
  557  this section shall specify the reasons for any suspension or
  558  termination of the contract by the department, including, but
  559  not limited to:
  560         (a) Commission of a violation of this act or rule adopted
  561  pursuant thereto.
  562         (b) Failure to accurately account for lottery tickets,
  563  revenues, or prizes as required by the department.
  564         (c) Commission of any fraud, deceit, or misrepresentation.
  565         (d) Insufficient sale of tickets.
  566         (e) Conduct prejudicial to public confidence in the
  567  lottery.
  568         (f) Any material change in any matter considered by the
  569  department in executing the contract with the retailer.
  570         (6) Each Every retailer shall post and keep conspicuously
  571  displayed in a location on the premises accessible to the public
  572  its certificate of authority and, with respect to each game, a
  573  statement supplied by the department of the estimated odds of
  574  winning a some prize for the game.
  575         (7) A No contract with a retailer may not shall authorize
  576  the sale of lottery tickets at more than one location, and a
  577  retailer may sell lottery tickets only at the location stated on
  578  the certificate of authority.
  579         (8) With respect to any retailer whose rental payments for
  580  premises are contractually computed, in whole or in part, on the
  581  basis of a percentage of retail sales, and where such
  582  computation of retail sales is not explicitly defined to include
  583  sales of tickets in a state-operated lottery, the compensation
  584  received by the retailer from the department shall be deemed to
  585  be the amount of the retail sale for the purposes of such
  586  contractual compensation.
  587         (9)(a) The department may require each every retailer to
  588  post an appropriate bond as determined by the department, using
  589  an insurance company acceptable to the department, in an amount
  590  not to exceed twice the average lottery ticket sales of the
  591  retailer for the period within which the retailer is required to
  592  remit lottery funds to the department. For the first 90 days of
  593  sales of a new retailer, the amount of the bond may not exceed
  594  twice the average estimated lottery ticket sales for the period
  595  within which the retailer is required to remit lottery funds to
  596  the department. This paragraph does shall not apply to lottery
  597  tickets that which are prepaid by the retailer.
  598         (b) In lieu of such bond, the department may purchase
  599  blanket bonds covering all or selected retailers or may allow a
  600  retailer to deposit and maintain with the Chief Financial
  601  Officer securities that are interest bearing or accruing and
  602  that, with the exception of those specified in subparagraphs 1.
  603  and 2., are rated in one of the four highest classifications by
  604  an established nationally recognized investment rating service.
  605  Securities eligible under this paragraph shall be limited to:
  606         1. Certificates of deposit issued by solvent banks or
  607  savings associations organized and existing under the laws of
  608  this state or under the laws of the United States and having
  609  their principal place of business in this state.
  610         2. United States bonds, notes, and bills for which the full
  611  faith and credit of the government of the United States is
  612  pledged for the payment of principal and interest.
  613         3. General obligation bonds and notes of any political
  614  subdivision of the state.
  615         4. Corporate bonds of any corporation that is not an
  616  affiliate or subsidiary of the depositor.
  617  
  618  Such securities shall be held in trust and shall have at all
  619  times a market value at least equal to an amount required by the
  620  department.
  621         (10) Each Every contract entered into by the department
  622  pursuant to this section shall contain a provision for payment
  623  of liquidated damages to the department for any breach of
  624  contract by the retailer.
  625         (11) The department shall establish procedures by which
  626  each retailer shall account for all tickets sold by the retailer
  627  and account for all funds received by the retailer from such
  628  sales. The contract with each retailer shall include provisions
  629  relating to the sale of tickets, payment of moneys to the
  630  department, reports, service charges, and interest and
  631  penalties, if necessary, as the department shall deem
  632  appropriate.
  633         (12) No Payment by a retailer to the department for tickets
  634  may not shall be in cash. All such payments shall be in the form
  635  of a check, bank draft, electronic fund transfer, or other
  636  financial instrument authorized by the secretary.
  637         (13) Each retailer shall provide accessibility for disabled
  638  persons on habitable grade levels. This subsection does not
  639  apply to a retail location that which has an entrance door
  640  threshold more than 12 inches above ground level. As used in
  641  herein and for purposes of this subsection only, the term
  642  “accessibility for disabled persons on habitable grade levels”
  643  means that retailers shall provide ramps, platforms, aisles and
  644  pathway widths, turnaround areas, and parking spaces to the
  645  extent these are required for the retailer’s premises by the
  646  particular jurisdiction where the retailer is located.
  647  Accessibility shall be required to only one point of sale of
  648  lottery tickets for each lottery retailer location. The
  649  requirements of this subsection shall be deemed to have been met
  650  if, in lieu of the foregoing, disabled persons can purchase
  651  tickets from the retail location by means of a drive-up window,
  652  provided the hours of access at the drive-up window are not less
  653  than those provided at any other entrance at that lottery
  654  retailer location. Inspections for compliance with this
  655  subsection shall be performed by those enforcement authorities
  656  responsible for enforcement pursuant to s. 553.80 in accordance
  657  with procedures established by those authorities. Those
  658  enforcement authorities shall provide to the Department of the
  659  Lottery a certification of noncompliance for any lottery
  660  retailer not meeting such requirements.
  661         (14) The secretary may, after filing with the Department of
  662  State his or her manual signature certified by the secretary
  663  under oath, execute or cause to be executed contracts between
  664  the department and retailers by means of engraving, imprinting,
  665  stamping, or other facsimile signature.
  666         (15) A vending machine may be used to dispense online
  667  lottery tickets, instant lottery tickets, or both online and
  668  instant lottery tickets.
  669         (a) The vending machine must:
  670         1. Dispense a lottery ticket after a purchaser inserts a
  671  coin or currency in the machine.
  672         2. Be capable of being electronically deactivated for a
  673  period of 5 minutes or more.
  674         3. Be designed to prevent its use for any purpose other
  675  than dispensing a lottery ticket.
  676         (b) In order to be authorized to use a vending machine to
  677  dispense lottery tickets, a retailer must:
  678         1. Locate the vending machine in the retailer’s direct line
  679  of sight to ensure that purchases are only made by persons at
  680  least 18 years of age.
  681         2. Ensure that at least one employee is on duty when the
  682  vending machine is available for use. However, if the retailer
  683  has previously violated s. 24.1055, at least two employees must
  684  be on duty when the vending machine is available for use.
  685         (c) A vending machine that dispenses a lottery ticket may
  686  dispense change to a purchaser but may not be used to redeem any
  687  type of winning lottery ticket.
  688         (d) The vending machine, or any machine or device linked to
  689  the vending machine, may not include or make use of video reels
  690  or mechanical reels or other video depictions of slot machine or
  691  casino game themes or titles for game play. This does not
  692  preclude the use of casino game themes or titles on such tickets
  693  or signage or advertising displays on the machines.
  694         (16) The department, a retailer operating from one or more
  695  locations, or a vendor approved by the department may use a
  696  point-of-sale terminal to facilitate the sale of a lottery
  697  ticket.
  698         (a) A point-of-sale terminal must:
  699         1. Dispense a paper lottery ticket with numbers selected by
  700  the purchaser or selected randomly by the machine after the
  701  purchaser uses a credit card, debit card, or other similar
  702  charge card issued by a bank, savings association, credit union,
  703  or charge card company or issued by a retailer pursuant to part
  704  II of chapter 520 for payment;
  705         2. Recognize a valid driver license or use another age
  706  verification process approved by the department to ensure that
  707  only persons at least 18 years of age may purchase a lottery
  708  ticket;
  709         3.Process a lottery transaction through a platform that is
  710  certified or otherwise approved by the department; and
  711         4. Be in compliance with all applicable department
  712  requirements related to the lottery ticket offered for sale.
  713         (b) A point-of-sale terminal does not reveal winning
  714  numbers, which are selected at a subsequent time and different
  715  location through a drawing by the state lottery.
  716         (c) A point-of-sale terminal, or any machine or device
  717  linked to the point-of-sale terminal, may not include or make
  718  use of video reels or mechanical reels or other video depictions
  719  of slot machine or casino game themes or titles for game play.
  720  This does not preclude the use of casino game themes or titles
  721  on a lottery ticket or game or on the signage or advertising
  722  displays on the terminal.
  723         (d)A point-of-sale terminal may not be used to redeem a
  724  winning ticket.
  725         Section 4. Effective upon becoming a law, paragraph (a) of
  726  subsection (1), subsection (3), and present subsections (9),
  727  (11), and (14) of section 285.710, Florida Statutes, are
  728  amended, present subsections (4) through (14) of that section
  729  are redesignated as subsections (5) through (15), respectively,
  730  and a new subsection (4) is added to that section, to read:
  731         285.710 Compact authorization.—
  732         (1) As used in this section, the term:
  733         (a) “Compact” means the Gaming Compact between the Seminole
  734  Tribe of Florida and the State of Florida, executed on April 7,
  735  2010.
  736         (3)(a)A The gaming compact between the Seminole Tribe of
  737  Florida and the State of Florida, executed by the Governor and
  738  the Tribe on April 7, 2010, was is ratified and approved by
  739  chapter 2010-29, Laws of Florida. The Governor shall cooperate
  740  with the Tribe in seeking approval of the compact from the
  741  United States Secretary of the Interior.
  742         (b) The Gaming Compact between the Seminole Tribe of
  743  Florida and the State of Florida, which was executed by the
  744  Governor and the Tribe on December 7, 2015, shall be deemed
  745  ratified and approved only if amended as specified in subsection
  746  (4).
  747         (c) Upon approval or deemed approval by the United States
  748  Department of Interior and publication in the Federal Register,
  749  the amended Gaming Compact supersedes the gaming compact
  750  ratified and approved by chapter 2010-29, Laws of Florida. The
  751  Governor shall cooperate with the Tribe in seeking approval of
  752  the amended Gaming Compact from the United States Secretary of
  753  the Interior. The Secretary of the Department of Business and
  754  Professional Regulation is directed to notify in writing the
  755  Governor, the President of the Senate, the Speaker of the House
  756  of Representatives, and the Division of Law Revision and
  757  Information of the effective date of the compact, amended as
  758  required by this act, which has been published in the Federal
  759  Register by the Department of the Interior within 5 days after
  760  such publication.
  761         (4) The compact executed on December 7, 2015, shall be
  762  amended by an agreement between the Governor and the Tribe to:
  763         (a) Become effective after it is approved as a tribal-state
  764  compact within the meaning of the Indian Gaming Regulatory Act
  765  by action of the United States Secretary of the Interior or by
  766  operation of law under 25 U.S.C. s. 2710(d)(8), and upon
  767  publication of a notice of approval in the Federal Register
  768  under 25 U.S.C. s. 2710(d)(8)(D);
  769         (b) Require that the State of Florida and the Tribe
  770  dismiss, with prejudice, any and all pending motions for
  771  rehearing or any pending appeals arising from State of Florida
  772  v. Seminole Tribe of Florida (Consolidated Case No. 4:15cv516
  773  RH/CAS; United States District Court in and for the Northern
  774  District of Florida); and
  775         (c)Incorporate the following exceptions to the exclusivity
  776  provided to the Tribe under the gaming compact executed on
  777  December 7, 2015:
  778         1.Point-of-sale lottery ticket sales are permitted in
  779  accordance with chapter 24, as amended by this act;
  780         2.Fantasy contests conducted in accordance with ss.
  781  546.11-546.18, as created by this act;
  782         3.Slot machines operated in accordance with chapter 551,
  783  as amended by this act;
  784         4.The game of blackjack, in accordance with s. 551.1044,
  785  as created by this act;
  786         5.Designated player games of poker conducted at cardrooms
  787  in accordance with chapter 849, as amended by this act, and in
  788  compliance with Rule Chapter 61D-11, Florida Administrative
  789  Code;
  790         6.Those activities claimed to be violations of the gaming
  791  compact between the Seminole Tribe of Florida and the State of
  792  Florida, executed by the Governor and the Tribe on April 7,
  793  2010, in the legal actions consolidated and heard in State of
  794  Florida v. Seminole Tribe of Florida (Consolidated Case No.
  795  4:15cv516-RH/CAS; United States District Court in and for the
  796  Northern District of Florida); and
  797         7. All activities authorized and conducted pursuant to
  798  Florida law, as amended by this act.
  799  
  800  The incorporation of all such provisions may not impact or
  801  change the payments required to the state under part XI of the
  802  compact during the Guarantee Payment Period and the Regular
  803  Payment Period and may not change or impact the Guaranteed
  804  Minimum Compact Term Payment required to be paid to the state
  805  under the compact or any other payment required to be paid by
  806  the Tribe under the compact. The compact may not be amended to
  807  prorate or reduce any amount required to be paid to the state
  808  during the first fiscal year of the Guaranteed Payment Period or
  809  any other time during which the compact is effective, regardless
  810  of the date on which the compact becomes effective. Part XI of
  811  the compact shall be amended to delete provisions concerning
  812  payments required to be paid to the state during the Initial
  813  Payment Period.
  814         (10)(9) The moneys paid by the Tribe to the state for the
  815  benefit of exclusivity under the compact ratified by this
  816  section shall be deposited into the General Revenue Fund. Three
  817  percent of the amount paid by the Tribe to the state shall be
  818  designated as the local government share and shall be
  819  distributed as provided in subsections (10) and (11) and (12).
  820         (12)(11) Upon receipt of the annual audited revenue figures
  821  from the Tribe and completion of the calculations as provided in
  822  subsection (11) (10), the state compliance agency shall certify
  823  the results to the Chief Financial Officer and shall request the
  824  distributions to be paid from the General Revenue Fund within 30
  825  days after authorization of nonoperating budget authority
  826  pursuant to s. 216.181(12).
  827         (15)(14) Notwithstanding any other provision of state law,
  828  it is not a crime for a person to participate in the games
  829  specified in subsection (14) (13) at a tribal facility operating
  830  under the compact entered into pursuant to this section.
  831         Section 5. Subsection (14) of section 285.710, Florida
  832  Statutes, as amended by this act, is amended to read:
  833         285.710 Compact authorization.—
  834         (14) For the purpose of satisfying the requirement in 25
  835  U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
  836  under an Indian gaming compact must be permitted in the state
  837  for any purpose by any person, organization, or entity, the
  838  following class III games or other games specified in this
  839  section are hereby authorized to be conducted by the Tribe
  840  pursuant to the compact:
  841         (a) Slot machines, as defined in s. 551.102(8).
  842         (b) Banking or banked card games, including baccarat,
  843  chemin de fer, and blackjack or 21 at the tribal facilities in
  844  Broward County, Collier County, and Hillsborough County.
  845         (c) Dice games, such as craps and sic-bo.
  846         (d) Wheel games, such as roulette and big six.
  847         (e)(c) Raffles and drawings.
  848         Section 6. Subsection (4) of section 285.712, Florida
  849  Statutes, is amended to read:
  850         285.712 Tribal-state gaming compacts.—
  851         (4) Upon receipt of an act ratifying a tribal-state
  852  compact, the Secretary of State shall forward a copy of the
  853  executed compact and the ratifying act to the United States
  854  Secretary of the Interior for his or her review and approval, in
  855  accordance with 25 U.S.C. s. 2710(d)(8) s. 2710(8)(d).
  856         Section 7. Section 546.11, Florida Statutes, is created to
  857  read:
  858         546.11 Short title.—Sections 546.11-546.18 may be cited as
  859  the “Fantasy Contest Amusement Act.”
  860         Section 8. Section 546.12, Florida Statutes, is created to
  861  read:
  862         546.12 Legislative intent.—It is the intent of the
  863  Legislature to ensure public confidence in the integrity of
  864  fantasy contests and fantasy contest operators. This act is
  865  designed to strictly regulate the operators of fantasy contests
  866  and individuals who participate in such contests and to adopt
  867  consumer protections related to fantasy contests. Furthermore,
  868  the Legislature finds that fantasy contests, as that term is
  869  defined in s. 546.13, involve the skill of contest participants.
  870         Section 9. Section 546.13, Florida Statutes, is created to
  871  read:
  872         546.13 Definitions.—As used in ss. 546.11-546.18, the term:
  873         (1) “Act” means ss. 546.11-546.18.
  874         (2) “Confidential information” means information related to
  875  the playing of fantasy contests by contest participants which is
  876  obtained solely as a result of a person’s employment with, or
  877  work as an agent of, a contest operator.
  878         (3) “Contest operator” means a person or entity that offers
  879  fantasy contests for a cash prize to members of the public.
  880         (4) “Contest participant” means a person who pays an entry
  881  fee for the ability to participate in a fantasy contest offered
  882  by a contest operator.
  883         (5) “Entry fee” means the cash or cash equivalent amount
  884  that is required to be paid by a person to a contest operator to
  885  participate in a fantasy contest.
  886         (6) “Fantasy contest” means a fantasy or simulation sports
  887  game or contest offered by a contest operator or a noncommercial
  888  contest operator in which a contest participant manages a
  889  fantasy or simulation sports team composed of athletes from a
  890  professional sports organization and which meets the following
  891  conditions:
  892         (a) All prizes and awards offered to winning contest
  893  participants are established and made known to the contest
  894  participants in advance of the game or contest and their value
  895  is not determined by the number of contest participants or the
  896  amount of any fees paid by those contest participants.
  897         (b) All winning outcomes reflect the relative knowledge and
  898  skill of the contest participants and are determined
  899  predominantly by accumulated statistical results of the
  900  performance of the athletes participating in multiple real-world
  901  sporting or other events. However, a winning outcome may not be
  902  based:
  903         1. On the score, point spread, or any performance or
  904  performances of a single real-world team or any combination of
  905  such teams;
  906         2. Solely on any single performance of an individual
  907  athlete in a single real-world sporting or other event;
  908         3. On a live pari-mutuel event, as the term “pari-mutuel”
  909  is defined in s. 550.002; or
  910         4. On the performance of athletes participating in an
  911  amateur sporting event.
  912         (7) “Noncommercial contest operator” means a person who
  913  organizes and conducts a fantasy contest in which contest
  914  participants are charged entry fees for the right to
  915  participate; entry fees are collected, maintained, and
  916  distributed by the same person; and all entry fees are returned
  917  to the contest participants in the form of prizes.
  918         (8) “Office” means the Office of Contest Amusements created
  919  in s. 546.14.
  920         Section 10. Section 546.14, Florida Statutes, is created to
  921  read:
  922         546.14 Office of Contest Amusements.—
  923         (1) The Office of Contest Amusements is created within the
  924  Department of Business and Professional Regulation. The office
  925  shall operate under the supervision of a senior manager exempt
  926  under s. 110.205 in the Senior Management Service appointed by
  927  the Secretary of Business and Professional Regulation.
  928         (2) The duties of the office include, but are not limited
  929  to, administering and enforcing this act and any rules adopted
  930  pursuant to this act. The office may work with department
  931  personnel as needed to assist in fulfilling its duties.
  932         (3) The office may:
  933         (a) Conduct investigations and monitor the operation and
  934  play of fantasy contests.
  935         (b) Review the books, accounts, and records of any current
  936  or former contest operator.
  937         (c) Suspend or revoke any license issued under this act,
  938  after a hearing, for any violation of state law or rule.
  939         (d) Take testimony, issue summons and subpoenas for any
  940  witness, and issue subpoenas duces tecum in connection with any
  941  matter within its jurisdiction.
  942         (e) Monitor and ensure the proper collection and
  943  safeguarding of entry fees and the payment of contest prizes in
  944  accordance with consumer protection procedures adopted pursuant
  945  to s. 546.16.
  946         (4) The office may adopt rules to implement and administer
  947  this act.
  948         Section 11. Section 546.15, Florida Statutes, is created to
  949  read:
  950         546.15 Licensing.—
  951         (1) A contest operator that offers fantasy contests for
  952  play by persons in this state must be licensed by the office to
  953  conduct fantasy contests within this state. The initial license
  954  application fee is $500,000, and the annual license renewal fee
  955  is $100,000; however, the respective fees may not exceed 10
  956  percent of the difference between the amount of entry fees
  957  collected by a contest operator from the operation of fantasy
  958  contests in this state and the amount of cash or cash
  959  equivalents paid to contest participants in this state. The
  960  office shall require the contest operator to provide written
  961  evidence of the proposed amount of entry fees and cash or cash
  962  equivalents to be paid to contest participants during the annual
  963  license period. Before renewing a license, the contest operator
  964  shall provide written evidence to the office of the actual entry
  965  fees collected and cash or cash equivalents paid to contest
  966  participants during the previous period of licensure. The
  967  contest operator shall remit to the office any difference in
  968  license fee which results from the difference between the
  969  proposed amount of entry fees and cash or cash equivalents paid
  970  to contest participants and the actual amounts collected and
  971  paid.
  972         (2) The office shall grant or deny a completed application
  973  within 120 days after receipt. A completed application that is
  974  not acted upon by the office within 120 days after receipt is
  975  deemed approved, and the office shall issue the license.
  976  Applications for a contest operator’s license are exempt from
  977  the 90-day licensure timeframe imposed in s. 120.60(1).
  978         (3) The application must include:
  979         (a) The full name of the applicant.
  980         (b) If the applicant is a corporation, the name of the
  981  state in which the applicant is incorporated and the names and
  982  addresses of the officers, directors, and shareholders who hold
  983  15 percent or more equity.
  984         (c) If the applicant is a business entity other than a
  985  corporation, the names and addresses of each principal, partner,
  986  or shareholder who holds 15 percent or more equity.
  987         (d) The names and addresses of the ultimate equitable
  988  owners of the corporation or other business entity, if different
  989  from those provided under paragraphs (b) and (c), unless the
  990  securities of the corporation or entity are registered pursuant
  991  to s. 12 of the Securities Exchange Act of 1934, 15 U.S.C. ss.
  992  78a-78kk, and:
  993         1. The corporation or entity files with the United States
  994  Securities and Exchange Commission the reports required by s. 13
  995  of that act; or
  996         2. The securities of the corporation or entity are
  997  regularly traded on an established securities market in the
  998  United States.
  999         (e) The estimated number of fantasy contests to be
 1000  conducted by the applicant annually.
 1001         (f) A statement of the assets and liabilities of the
 1002  applicant.
 1003         (g) If required by the office, the names and addresses of
 1004  the officers and directors of any creditor of the applicant and
 1005  of stockholders who hold more than 10 percent of the stock of
 1006  the creditor.
 1007         (h) For each individual listed in the application pursuant
 1008  to paragraph (a), paragraph (b), paragraph (c) or paragraph (d),
 1009  a full set of fingerprints to be submitted to the office or to a
 1010  vendor, entity, or agency authorized by s. 943.053(13).
 1011         1. The office, vendor, entity, or agency shall forward the
 1012  fingerprints to the Department of Law Enforcement for state
 1013  processing, and the Department of Law Enforcement shall forward
 1014  the fingerprints to the Federal Bureau of Investigation for
 1015  national processing.
 1016         2.Fees for state and federal fingerprint processing and
 1017  retention shall be borne by the applicant. The state cost for
 1018  fingerprint processing shall be as provided in s. 943.053(3)(b)
 1019  for records provided to persons or entities other than those
 1020  specified as exceptions therein.
 1021         3.Fingerprints submitted to the Department of Law
 1022  Enforcement pursuant to this paragraph shall be retained by the
 1023  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1024  (h) and, when the Department of Law Enforcement begins
 1025  participation in the program, enrolled in the Federal Bureau of
 1026  Investigation’s national retained print arrest notification
 1027  program. Any arrest record identified shall be reported to the
 1028  department.
 1029         (i) For each foreign national, such documents as necessary
 1030  to allow the office to conduct criminal history records checks
 1031  in the individual’s home country. The applicant must pay the
 1032  full cost of processing fingerprints and required documentation.
 1033  The office also may charge a $2 handling fee for each set of
 1034  fingerprints submitted.
 1035         (4) A person or entity is not eligible for licensure as a
 1036  contest operator or for licensure renewal if an individual
 1037  required to be listed pursuant to paragraph (3)(a), paragraph
 1038  (3)(b), paragraph (3)(c), or paragraph (3)(d) is determined by
 1039  the office, after investigation, not to be of good moral
 1040  character or is found to have been convicted of a felony in this
 1041  state, any offense in another jurisdiction which would be
 1042  considered a felony if committed in this state, or a felony
 1043  under the laws of the United States. As used in this subsection,
 1044  the term “convicted” means having been found guilty, with or
 1045  without adjudication of guilt, as a result of a jury verdict,
 1046  nonjury trial, or entry of a plea of guilty or nolo contendere.
 1047         (5)The office may suspend, revoke, or deny the license of
 1048  a contest operator who fails to comply with this act or rules
 1049  adopted pursuant to this act.
 1050         Section 12. Section 546.16, Florida Statutes, is created to
 1051  read:
 1052         546.16 Consumer protection.—
 1053         (1) A contest operator that charges an entry fee to contest
 1054  participants shall implement procedures for fantasy contests
 1055  which:
 1056         (a) Prevent employees of the contest operator, and
 1057  relatives living in the same household as such employees, from
 1058  competing in a fantasy contest in which a cash prize is awarded.
 1059         (b) Prohibit the contest operator from being a contest
 1060  participant in a fantasy contest that he or she offers.
 1061         (c) Prevent employees or agents of the contest operator
 1062  from sharing with a third party confidential information that
 1063  could affect fantasy contest play until the information has been
 1064  made publicly available.
 1065         (d) Verify that contest participants are 18 years of age or
 1066  older.
 1067         (e) Restrict an individual who is a player, a game
 1068  official, or another participant in a real-world game or
 1069  competition from participating in a fantasy contest that is
 1070  determined, in whole or in part, on the performance of that
 1071  individual, the individual’s real-world team, or the accumulated
 1072  statistical results of the sport or competition in which he or
 1073  she is a player, game official, or other participant.
 1074         (f) Allow individuals to restrict or prevent their own
 1075  access to such a fantasy contest and take reasonable steps to
 1076  prevent those individuals from entering a fantasy contest.
 1077         (g) Limit the number of entries a single contest
 1078  participant may submit to each fantasy contest and take
 1079  reasonable steps to prevent participants from submitting more
 1080  than the allowable number of entries.
 1081         (h) Segregate contest participants’ funds from operational
 1082  funds or maintain a reserve in the form of cash, cash
 1083  equivalents, payment processor reserves, payment processor
 1084  receivables, an irrevocable letter of credit, a bond, or a
 1085  combination thereof in the total amount of deposits in contest
 1086  participants’ accounts for the benefit and protection of
 1087  authorized contest participants’ funds held in fantasy contest
 1088  accounts.
 1089         (2) A contest operator that offers fantasy contests in this
 1090  state which require contest participants to pay an entry fee
 1091  shall annually contract with a third party to perform an
 1092  independent audit, consistent with the standards established by
 1093  the American Institute of Certified Public Accountants, to
 1094  ensure compliance with this act. The contest operator shall
 1095  submit the results of the independent audit to the office no
 1096  later than 90 days after the end of each annual licensing
 1097  period.
 1098         Section 13. Section 546.17, Florida Statutes, is created to
 1099  read:
 1100         546.17 Records and reports.—Each contest operator shall
 1101  keep and maintain daily records of its operations and shall
 1102  maintain such records for at least 3 years. The records must
 1103  sufficiently detail all financial transactions to determine
 1104  compliance with the requirements of this act and must be
 1105  available for audit and inspection by the office or other law
 1106  enforcement agencies during the contest operator’s regular
 1107  business hours. The office shall adopt rules to implement this
 1108  subsection.
 1109         Section 14. Section 546.18, Florida Statutes, is created to
 1110  read:
 1111         546.18 Penalties; applicability; exemption.—
 1112         (1)(a) A contest operator, or an employee or agent thereof,
 1113  who violates this act is subject to a civil penalty, not to
 1114  exceed $5,000 for each violation and not to exceed $100,000 in
 1115  the aggregate, which shall accrue to the state. An action to
 1116  recover such penalties may be brought by the office or the
 1117  Department of Legal Affairs in the circuit courts in the name
 1118  and on behalf of the state.
 1119         (b) The penalty provisions established in this subsection
 1120  do not apply to violations committed by a contest operator which
 1121  occurred prior to the issuance of a license under this act if
 1122  the contest operator applies for a license within 90 days after
 1123  the effective date of this section and receives a license within
 1124  240 days after the effective date of this section.
 1125         (2) Fantasy contests conducted by a contest operator or
 1126  noncommercial contest operator in accordance with this act are
 1127  not subject to s. 849.01, s. 849.08, s. 849.09, s. 849.11, s.
 1128  849.14, or s. 849.25.
 1129         Section 15. The Division of Law Revision and Information is
 1130  directed to replace the phrase “the effective date of this
 1131  section” wherever it occurs in s. 546.18, Florida Statutes, with
 1132  the date that section becomes effective.
 1133         Section 16. Subsection (11) of section 550.002, Florida
 1134  Statutes, is amended to read:
 1135         550.002 Definitions.—As used in this chapter, the term:
 1136         (11)(a) “Full schedule of live racing or games” means:,
 1137         1. For a greyhound racing permitholder or jai alai
 1138  permitholder, the conduct of a combination of at least 100 live
 1139  evening or matinee performances during the preceding year.; for
 1140  a permitholder who has a converted permit or filed an
 1141  application on or before June 1, 1990, for a converted permit,
 1142  the conduct of a combination of at least 100 live evening and
 1143  matinee wagering performances during either of the 2 preceding
 1144  years;
 1145         2. For a jai alai permitholder that who does not possess a
 1146  operate slot machine license machines in its pari-mutuel
 1147  facility, who has conducted at least 100 live performances per
 1148  year for at least 10 years after December 31, 1992, and has had
 1149  whose handle on live jai alai games conducted at its pari-mutuel
 1150  facility which was has been less than $4 million per state
 1151  fiscal year for at least 2 consecutive years after June 30,
 1152  1992, the conduct of a combination of at least 40 live evening
 1153  or matinee performances during the preceding year.;
 1154         3. For a jai alai permitholder that possesses a who
 1155  operates slot machine license machines in its pari-mutuel
 1156  facility, the conduct of a combination of at least 150
 1157  performances during the preceding year.;
 1158         4. For a jai alai permitholder that does not possess a slot
 1159  machine license, the conduct of at least 58 live performances
 1160  during the preceding year, unless the permitholder meets the
 1161  requirements of subparagraph 2.
 1162         5. For a harness horse racing permitholder, the conduct of
 1163  at least 100 live regular wagering performances during the
 1164  preceding year.;
 1165         6. For a quarter horse racing permitholder at its facility,
 1166  unless an alternative schedule of at least 20 live regular
 1167  wagering performances each year is agreed upon by the
 1168  permitholder and either the Florida Quarter Horse Racing
 1169  Association or the horsemen’s association representing the
 1170  majority of the quarter horse owners and trainers at the
 1171  facility and filed with the division along with its annual
 1172  operating license date application:,
 1173         a. In the 2010-2011 fiscal year, the conduct of at least 20
 1174  regular wagering performances.,
 1175         b. In the 2011-2012 and 2012-2013 fiscal years, the conduct
 1176  of at least 30 live regular wagering performances., and
 1177         c. For every fiscal year after the 2012-2013 fiscal year,
 1178  the conduct of at least 40 live regular wagering performances.;
 1179         7. For a quarter horse racing permitholder leasing another
 1180  licensed racetrack, the conduct of 160 events at the leased
 1181  facility during the preceding year.; and
 1182         8. For a thoroughbred racing permitholder, the conduct of
 1183  at least 40 live regular wagering performances during the
 1184  preceding year.
 1185         (b)For a permitholder which is restricted by statute to
 1186  certain operating periods within the year when other members of
 1187  its same class of permit are authorized to operate throughout
 1188  the year, the specified number of live performances which
 1189  constitute a full schedule of live racing or games shall be
 1190  adjusted pro rata in accordance with the relationship between
 1191  its authorized operating period and the full calendar year and
 1192  the resulting specified number of live performances shall
 1193  constitute the full schedule of live games for such permitholder
 1194  and all other permitholders of the same class within 100 air
 1195  miles of such permitholder. A live performance must consist of
 1196  no fewer than eight races or games conducted live for each of a
 1197  minimum of three performances each week at the permitholder’s
 1198  licensed facility under a single admission charge.
 1199         Section 17. Subsections (1), (3), and (6) of section
 1200  550.01215, Florida Statutes, are amended, and subsection (7) is
 1201  added to that section, to read:
 1202         550.01215 License application; periods of operation; bond,
 1203  conversion of permit.—
 1204         (1) Each permitholder shall annually, during the period
 1205  between December 15 and January 4, file in writing with the
 1206  division its application for an operating a license to conduct
 1207  pari-mutuel wagering during the next fiscal year, including
 1208  intertrack and simulcast race wagering for greyhound racing
 1209  permitholders, jai alai permitholders, harness horse racing
 1210  permitholders, quarter horse racing permitholders, and
 1211  thoroughbred horse racing permitholders that do not to conduct
 1212  live performances during the next state fiscal year. Each
 1213  application for live performances must shall specify the number,
 1214  dates, and starting times of all live performances that which
 1215  the permitholder intends to conduct. It must shall also specify
 1216  which performances will be conducted as charity or scholarship
 1217  performances.
 1218         (a)In addition, Each application for an operating a
 1219  license also must shall include:,
 1220         1. For each permitholder, whether the permitholder intends
 1221  to accept wagers on intertrack or simulcast events. As a
 1222  condition on the ability to accept wagers on intertrack or
 1223  simulcast events, each permitholder accepting wagers on
 1224  intertrack or simulcast events must make available for wagering
 1225  to its patrons all available live races conducted by
 1226  thoroughbred horse permitholders.
 1227         2.For each permitholder that elects which elects to
 1228  operate a cardroom, the dates and periods of operation the
 1229  permitholder intends to operate the cardroom. or,
 1230         3. For each thoroughbred racing permitholder that which
 1231  elects to receive or rebroadcast out-of-state races after 7
 1232  p.m., the dates for all performances which the permitholder
 1233  intends to conduct.
 1234         (b)A greyhound racing permitholder that conducted a full
 1235  schedule of live racing for a period of at least 10 consecutive
 1236  state fiscal years after the 1996-1997 state fiscal year, or
 1237  that converted its permit to a permit to conduct greyhound
 1238  racing after the 1996-1997 state fiscal year, may specify in its
 1239  application for an operating license that it does not intend to
 1240  conduct live racing, or that it intends to conduct less than a
 1241  full schedule of live racing, in the next state fiscal year. A
 1242  greyhound racing permitholder may receive an operating license
 1243  to conduct pari-mutuel wagering activities at another
 1244  permitholder’s greyhound racing facility pursuant to s. 550.475.
 1245         (c)1.A thoroughbred horse racing permitholder that has
 1246  conducted live racing for at least 5 years may elect not to
 1247  conduct live racing, if such election is made within 30 days
 1248  after the effective date of this act. A thoroughbred horse
 1249  racing permitholder that makes such election may retain such
 1250  permit, must specify in future applications for an operating
 1251  license that it does not intend to conduct live racing, and is a
 1252  pari-mutuel facility as defined in s. 550.002(23).
 1253         2.If a thoroughbred horse racing permitholder makes such
 1254  election and if such permitholder holds a slot machine license
 1255  when such election is made, the facility where such permit is
 1256  located:
 1257         a.Remains an eligible facility pursuant to s. 551.102(4),
 1258  and continues to be eligible for a slot machine license;
 1259         b.Is exempt from ss. 550.5251, 551.104(3) and (4)(c)1.,
 1260  and 551.114(2) and (4);
 1261         c.Is eligible, but not required, to be a guest track for
 1262  purposes of intertrack wagering and simulcasting; and
 1263         d.Remains eligible for a cardroom license, notwithstanding
 1264  any requirement for the conduct of live racing pursuant to s.
 1265  849.086.
 1266         3.A thoroughbred horse racing permitholder that makes such
 1267  election shall comply with all contracts regarding contributions
 1268  by such permitholder to thoroughbred horse purse supplements or
 1269  breeders’ awards entered into before the effective date of this
 1270  act pursuant to s. 551.104(10)(a). At the time of such election,
 1271  such permitholder shall file with the division an irrevocable
 1272  consent that such contributions shall be allowed to be used for
 1273  purses and awards on live races at other thoroughbred horse
 1274  racing facilities in this state. This subparagraph and s.
 1275  551.104(10)(a) shall not apply after December 31, 2020, to a
 1276  thoroughbred horse racing permitholder that made such election.
 1277         (d) Any harness horse racing permitholder and any quarter
 1278  horse racing permitholder that has held an operating license for
 1279  at least 5 years is exempt from the live racing requirements of
 1280  this subsection and may specify in its annual application for an
 1281  operating license that it does not intend to conduct live
 1282  racing, or that it intends to conduct less than a full schedule
 1283  of live racing, in the next state fiscal year.
 1284         (e) A jai alai permitholder that has held an operating
 1285  license for at least 5 years is exempt from the live jai alai
 1286  requirements of this subsection and may specify in its annual
 1287  application for an operating license that it does not intend to
 1288  conduct live jai alai, or that it intends to conduct less than a
 1289  full schedule of live jai alai, in the next state fiscal year.
 1290  
 1291  A permitholder described in paragraph (b), paragraph (d), or
 1292  paragraph (e) may retain its permit; is a pari-mutuel facility
 1293  as defined in s. 550.002(23); if such permitholder has been
 1294  issued a slot machine license, the facility where such permit is
 1295  located remains an eligible facility as defined in s.
 1296  551.102(4), continues to be eligible for a slot machine license,
 1297  and is exempt from ss. 551.104(3) and (4)(c)1. and 551.114(2)
 1298  and (4); is eligible, but not required, to be a guest track and,
 1299  if the permitholder is a harness horse racing permitholder, a
 1300  host track for purposes of intertrack wagering and simulcasting
 1301  pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and,
 1302  if such permitholder has been issued a cardroom license, remains
 1303  eligible for a cardroom license notwithstanding any requirement
 1304  for the conduct of live racing performances contained in s.
 1305  849.086.
 1306         (f) Permitholders may shall be entitled to amend their
 1307  applications through February 28.
 1308         (3) The division shall issue each license no later than
 1309  March 15. Each permitholder shall operate all performances at
 1310  the date and time specified on its license. The division shall
 1311  have the authority to approve minor changes in racing dates
 1312  after a license has been issued. The division may approve
 1313  changes in racing dates after a license has been issued when
 1314  there is no objection from any operating permitholder located
 1315  within 50 miles of the permitholder requesting the changes in
 1316  operating dates. In the event of an objection, the division
 1317  shall approve or disapprove the change in operating dates based
 1318  upon the impact on operating permitholders located within 50
 1319  miles of the permitholder requesting the change in operating
 1320  dates. In making the determination to change racing dates, the
 1321  division shall take into consideration the impact of such
 1322  changes on state revenues. Notwithstanding any other provision
 1323  of law, and for the 2017-2018 fiscal year only, the division may
 1324  approve changes in racing dates for permitholders if the request
 1325  for such changes is received before August 31, 2017.
 1326         (6) A summer jai alai permitholder may apply for an
 1327  operating license to operate a jai alai fronton only during the
 1328  summer season beginning May 1 and ending November 30 of each
 1329  year on such dates as may be selected by the permitholder. Such
 1330  permitholder is subject to the same taxes, rules, and provisions
 1331  of this chapter which apply to the operation of winter jai alai
 1332  frontons. A summer jai alai permitholder is not eligible for
 1333  licensure to operate a slot machine facility. A summer jai alai
 1334  permitholder and a winter jai alai permitholder may not operate
 1335  on the same days or in competition with each other. This
 1336  subsection does not prevent a summer jai alai licensee from
 1337  leasing the facilities of a winter jai alai licensee for the
 1338  operation of a summer meet Any permit which was converted from a
 1339  jai alai permit to a greyhound permit may be converted to a jai
 1340  alai permit at any time if the permitholder never conducted
 1341  greyhound racing or if the permitholder has not conducted
 1342  greyhound racing for a period of 12 consecutive months.
 1343         (7) In addition to seeking a license under any other
 1344  provision of this section, if any of the following conditions
 1345  exist on February 1 of any year, the holder of a limited
 1346  thoroughbred racing permit under s. 550.3345 which did not file
 1347  an application for live performances between December 15 and
 1348  January 31 may apply to conduct live performances, and such
 1349  application must be filed before March 31, with the resulting
 1350  license issued no later than April 15:
 1351         (a) All thoroughbred racing permitholders with slot machine
 1352  licenses have not collectively sought pari-mutuel wagering
 1353  licenses for at least 160 performances and a minimum of 1,760
 1354  races in the next state fiscal year.
 1355         (b) All thoroughbred racing permitholders have not
 1356  collectively sought pari-mutuel wagering licenses for at least
 1357  200 performances or a minimum of 1,760 races in the next state
 1358  fiscal year.
 1359         (c) All thoroughbred racing permitholders did not
 1360  collectively run at least 1,760 races in the previous state
 1361  fiscal year.
 1362         Section 18. Subsection (1) of section 550.0251, Florida
 1363  Statutes, is amended to read:
 1364         550.0251 The powers and duties of the Division of Pari
 1365  mutuel Wagering of the Department of Business and Professional
 1366  Regulation.—The division shall administer this chapter and
 1367  regulate the pari-mutuel industry under this chapter and the
 1368  rules adopted pursuant thereto, and:
 1369         (1) The division shall make an annual report for the prior
 1370  fiscal year to the Governor, the President of the Senate, and
 1371  the Speaker of the House of Representatives. The report shall
 1372  include, at a minimum:
 1373         (a)Recent events in the gaming industry, including pending
 1374  litigation involving permitholders; pending permitholder,
 1375  facility, cardroom, slot, or operating license applications; and
 1376  new and pending rules.
 1377         (b)Actions of the department relating to the
 1378  implementation and administration of this chapter, and chapters
 1379  551 and 849.
 1380         (c)The state revenues and expenses associated with each
 1381  form of authorized gaming. Revenues and expenses associated with
 1382  pari-mutuel wagering must be further delineated by the class of
 1383  license.
 1384         (d)The performance of each pari-mutuel wagering licensee,
 1385  cardroom licensee, and slot machine licensee.
 1386         (e)A summary of disciplinary actions taken by the
 1387  department.
 1388         (f)Any suggestions to more effectively achieve showing its
 1389  own actions, receipts derived under the provisions of this
 1390  chapter, the practical effects of the application of this
 1391  chapter, and any suggestions it may approve for the more
 1392  effectual accomplishments of the purposes of this chapter.
 1393         Section 19. Paragraphs (a) and (b) of subsection (9) of
 1394  section 550.054, Florida Statutes, are amended, and paragraphs
 1395  (c) through (g) are added to that subsection, and paragraph (a)
 1396  of subsection (11) and subsections (13) and (14) of that section
 1397  are amended, to read:
 1398         550.054 Application for permit to conduct pari-mutuel
 1399  wagering.—
 1400         (9)(a) After a permit has been granted by the division and
 1401  has been ratified and approved by the majority of the electors
 1402  participating in the election in the county designated in the
 1403  permit, the division shall grant to the lawful permitholder,
 1404  subject to the conditions of this chapter, a license to conduct
 1405  pari-mutuel operations under this chapter, and, except as
 1406  provided in s. 550.5251, the division shall fix annually the
 1407  time, place, and number of days during which pari-mutuel
 1408  operations may be conducted by the permitholder at the location
 1409  fixed in the permit and ratified in the election. After the
 1410  first license has been issued to the holder of a ratified permit
 1411  for racing in any county, all subsequent annual applications for
 1412  a license by that permitholder must be accompanied by proof, in
 1413  such form as the division requires, that the ratified
 1414  permitholder still possesses all the qualifications prescribed
 1415  by this chapter and that the permit has not been recalled at a
 1416  later election held in the county.
 1417         (b) The division may revoke or suspend any permit or
 1418  license issued under this chapter upon a the willful violation
 1419  by the permitholder or licensee of any provision of this
 1420  chapter, chapter 551, s. 849.086, or rules of any rule adopted
 1421  pursuant thereto under this chapter. With the exception of the
 1422  revocation of permits required in paragraphs (c), (d), (f), and
 1423  (g), In lieu of suspending or revoking a permit or license, the
 1424  division may, in lieu of suspending or revoking a permit or
 1425  license, impose a civil penalty against the permitholder or
 1426  licensee for a violation of this chapter, chapter 551, s.
 1427  849.086, or rules adopted pursuant thereto any rule adopted by
 1428  the division. The penalty so imposed may not exceed $1,000 for
 1429  each count or separate offense. All penalties imposed and
 1430  collected must be deposited with the Chief Financial Officer to
 1431  the credit of the General Revenue Fund.
 1432         (c)Unless a failure to obtain an operating license and to
 1433  operate was the direct result of fire, strike, war, or other
 1434  disaster or event beyond the permitholder’s control, the
 1435  division shall revoke the permit of any permitholder that has
 1436  not obtained an operating license in accordance with s.
 1437  550.01215 for a period of more than 24 consecutive months after
 1438  June 30, 2012. The division shall revoke the permit upon
 1439  adequate notice to the permitholder. Financial hardship to the
 1440  permitholder does not, in and of itself, constitute just cause
 1441  for failure to operate.
 1442         (d)The division shall revoke the permit of any
 1443  permitholder that fails to make payments that are due pursuant
 1444  to s. 550.0951 for more than 24 consecutive months unless such
 1445  failure to pay the tax due on handle was the direct result of
 1446  fire, strike, war, or other disaster or event beyond the
 1447  permitholder’s control. Financial hardship to the permitholder
 1448  does not, in and of itself, constitute just cause for failure to
 1449  pay tax on handle.
 1450         (e)Notwithstanding any other law, a new permit to conduct
 1451  pari-mutuel wagering may not be approved or issued 30 days after
 1452  the effective date of this act.
 1453         (f)A permit revoked under this subsection is void and may
 1454  not be reissued.
 1455         (g)A permitholder may apply to the division to place the
 1456  permit into inactive status for a period of 12 months pursuant
 1457  to division rule. The division, upon good cause shown by the
 1458  permitholder, may renew inactive status for a period of up to 12
 1459  months, but a permit may not be in inactive status for a period
 1460  of more than 24 consecutive months. Holders of permits in
 1461  inactive status are not eligible for licensure for pari-mutuel
 1462  wagering, slot machines, or cardrooms.
 1463         (11)(a) A permit granted under this chapter may not be
 1464  transferred or assigned except upon written approval by the
 1465  division pursuant to s. 550.1815, except that the holder of any
 1466  permit that has been converted to a jai alai permit may lease or
 1467  build anywhere within the county in which its permit is located.
 1468         (13)(a) Notwithstanding any provision provisions of this
 1469  chapter or chapter 551, a pari-mutuel no thoroughbred horse
 1470  racing permit or license issued under this chapter or chapter
 1471  551 may not shall be transferred, or reissued when such
 1472  reissuance is in the nature of a transfer so as to permit or
 1473  authorize a licensee to change the location of a pari-mutuel
 1474  facility, cardroom, or slot machine facility, except through the
 1475  relocation of the pari-mutuel permit pursuant to s. 550.0555.
 1476  thoroughbred horse racetrack except upon proof in such form as
 1477  the division may prescribe that a referendum election has been
 1478  held:
 1479         1.If the proposed new location is within the same county
 1480  as the already licensed location, in the county where the
 1481  licensee desires to conduct the race meeting and that a majority
 1482  of the electors voting on that question in such election voted
 1483  in favor of the transfer of such license.
 1484         2.If the proposed new location is not within the same
 1485  county as the already licensed location, in the county where the
 1486  licensee desires to conduct the race meeting and in the county
 1487  where the licensee is already licensed to conduct the race
 1488  meeting and that a majority of the electors voting on that
 1489  question in each such election voted in favor of the transfer of
 1490  such license.
 1491         (b)Each referendum held under the provisions of this
 1492  subsection shall be held in accordance with the electoral
 1493  procedures for ratification of permits, as provided in s.
 1494  550.0651. The expense of each such referendum shall be borne by
 1495  the licensee requesting the transfer.
 1496         (14)(a)Any holder of a permit to conduct jai alai may
 1497  apply to the division to convert such permit to a permit to
 1498  conduct greyhound racing in lieu of jai alai if:
 1499         1.Such permit is located in a county in which the division
 1500  has issued only two pari-mutuel permits pursuant to this
 1501  section;
 1502         2.Such permit was not previously converted from any other
 1503  class of permit; and
 1504         3.The holder of the permit has not conducted jai alai
 1505  games during a period of 10 years immediately preceding his or
 1506  her application for conversion under this subsection.
 1507         (b)The division, upon application from the holder of a jai
 1508  alai permit meeting all conditions of this section, shall
 1509  convert the permit and shall issue to the permitholder a permit
 1510  to conduct greyhound racing. A permitholder of a permit
 1511  converted under this section shall be required to apply for and
 1512  conduct a full schedule of live racing each fiscal year to be
 1513  eligible for any tax credit provided by this chapter. The holder
 1514  of a permit converted pursuant to this subsection or any holder
 1515  of a permit to conduct greyhound racing located in a county in
 1516  which it is the only permit issued pursuant to this section who
 1517  operates at a leased facility pursuant to s. 550.475 may move
 1518  the location for which the permit has been issued to another
 1519  location within a 30-mile radius of the location fixed in the
 1520  permit issued in that county, provided the move does not cross
 1521  the county boundary and such location is approved under the
 1522  zoning regulations of the county or municipality in which the
 1523  permit is located, and upon such relocation may use the permit
 1524  for the conduct of pari-mutuel wagering and the operation of a
 1525  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1526  apply to any permit converted under this subsection and shall
 1527  continue to apply to any permit which was previously included
 1528  under and subject to such provisions before a conversion
 1529  pursuant to this section occurred.
 1530         Section 20. Section 550.0555, Florida Statutes, is amended
 1531  to read:
 1532         550.0555 Permitholder Greyhound dogracing permits;
 1533  relocation within a county; conditions.—
 1534         (1) It is the finding of the Legislature that pari-mutuel
 1535  wagering on greyhound dogracing provides substantial revenues to
 1536  the state. It is the further finding that, in some cases, this
 1537  revenue-producing ability is hindered due to the lack of
 1538  provisions allowing the relocation of existing dogracing
 1539  operations. It is therefore declared that state revenues derived
 1540  from greyhound dogracing will continue to be jeopardized if
 1541  provisions allowing the relocation of such greyhound racing
 1542  permits are not implemented. This enactment is made pursuant to,
 1543  and for the purpose of, implementing such provisions.
 1544         (2) The following permitholders are Any holder of a valid
 1545  outstanding permit for greyhound dogracing in a county in which
 1546  there is only one dogracing permit issued, as well as any holder
 1547  of a valid outstanding permit for jai alai in a county where
 1548  only one jai alai permit is issued, is authorized, without the
 1549  necessity of an additional county referendum required under s.
 1550  550.0651, to move the location for which the permit has been
 1551  issued to another location within a 30-mile radius of the
 1552  location fixed in the permit issued in that county, provided the
 1553  move does not cross the county boundary, that such relocation is
 1554  approved under the zoning regulations of the county or
 1555  municipality in which the permit is to be located as a planned
 1556  development use, consistent with the comprehensive plan, and
 1557  that such move is approved by the department after it is
 1558  determined that the new location is an existing pari-mutuel
 1559  facility that has held an operating license for at least 5
 1560  consecutive years since 2010 or is at least 10 miles from an
 1561  existing pari-mutuel facility and, if within a county with three
 1562  or more pari-mutuel permits, is at least 10 miles from the
 1563  waters of the Atlantic Ocean:
 1564         (a) Any holder of a valid outstanding greyhound racing
 1565  permit that was previously converted from a jai alai permit;
 1566         (b) Any holder of a valid outstanding greyhound racing
 1567  permit in a county in which there is only one greyhound racing
 1568  permit issued; and
 1569         (c) Any holder of a valid outstanding jai alai permit in a
 1570  county in which there is only one jai alai permit issued. at a
 1571  proceeding pursuant to chapter 120 in the county affected that
 1572  the move is necessary to ensure the revenue-producing capability
 1573  of the permittee without deteriorating the revenue-producing
 1574  capability of any other pari-mutuel permittee within 50 miles;
 1575  
 1576  The distances distance shall be measured on a straight line from
 1577  the nearest property line of one racing plant or jai alai
 1578  fronton to the nearest property line of the other and the
 1579  nearest mean high tide line of the Atlantic Ocean.
 1580         Section 21. Section 550.0745, Florida Statutes, is
 1581  repealed.
 1582         Section 22. Section 550.0951, Florida Statutes, is amended
 1583  to read:
 1584         550.0951 Payment of daily license fee and taxes;
 1585  penalties.—
 1586         (1)(a) DAILY LICENSE FEE.—Each person engaged in the
 1587  business of conducting race meetings or jai alai games under
 1588  this chapter, hereinafter referred to as the “permitholder,”
 1589  “licensee,” or “permittee,” shall pay to the division, for the
 1590  use of the division, a daily license fee on each live or
 1591  simulcast pari-mutuel event of $100 for each horserace, and $80
 1592  for each greyhound race, dograce and $40 for each jai alai game,
 1593  any of which is conducted at a racetrack or fronton licensed
 1594  under this chapter. A In addition to the tax exemption specified
 1595  in s. 550.09514(1) of $360,000 or $500,000 per greyhound
 1596  permitholder per state fiscal year, each greyhound permitholder
 1597  shall receive in the current state fiscal year a tax credit
 1598  equal to the number of live greyhound races conducted in the
 1599  previous state fiscal year times the daily license fee specified
 1600  for each dograce in this subsection applicable for the previous
 1601  state fiscal year. This tax credit and the exemption in s.
 1602  550.09514(1) shall be applicable to any tax imposed by this
 1603  chapter or the daily license fees imposed by this chapter except
 1604  during any charity or scholarship performances conducted
 1605  pursuant to s. 550.0351. Each permitholder may not be required
 1606  to shall pay daily license fees in excess of not to exceed $500
 1607  per day on any simulcast races or games on which such
 1608  permitholder accepts wagers, regardless of the number of out-of
 1609  state events taken or the number of out-of-state locations from
 1610  which such events are taken. This license fee shall be deposited
 1611  with the Chief Financial Officer to the credit of the Pari
 1612  mutuel Wagering Trust Fund.
 1613         (b)Each permitholder that cannot utilize the full amount
 1614  of the exemption of $360,000 or $500,000 provided in s.
 1615  550.09514(1) or the daily license fee credit provided in this
 1616  section may, after notifying the division in writing, elect once
 1617  per state fiscal year on a form provided by the division to
 1618  transfer such exemption or credit or any portion thereof to any
 1619  greyhound permitholder which acts as a host track to such
 1620  permitholder for the purpose of intertrack wagering. Once an
 1621  election to transfer such exemption or credit is filed with the
 1622  division, it shall not be rescinded. The division shall
 1623  disapprove the transfer when the amount of the exemption or
 1624  credit or portion thereof is unavailable to the transferring
 1625  permitholder or when the permitholder who is entitled to
 1626  transfer the exemption or credit or who is entitled to receive
 1627  the exemption or credit owes taxes to the state pursuant to a
 1628  deficiency letter or administrative complaint issued by the
 1629  division. Upon approval of the transfer by the division, the
 1630  transferred tax exemption or credit shall be effective for the
 1631  first performance of the next payment period as specified in
 1632  subsection (5). The exemption or credit transferred to such host
 1633  track may be applied by such host track against any taxes
 1634  imposed by this chapter or daily license fees imposed by this
 1635  chapter. The greyhound permitholder host track to which such
 1636  exemption or credit is transferred shall reimburse such
 1637  permitholder the exact monetary value of such transferred
 1638  exemption or credit as actually applied against the taxes and
 1639  daily license fees of the host track. The division shall ensure
 1640  that all transfers of exemption or credit are made in accordance
 1641  with this subsection and shall have the authority to adopt rules
 1642  to ensure the implementation of this section.
 1643         (2) ADMISSION TAX.—
 1644         (a) An admission tax equal to 15 percent of the admission
 1645  charge for entrance to the permitholder’s facility and
 1646  grandstand area, or 10 cents, whichever is greater, is imposed
 1647  on each person attending a horserace, greyhound race dograce, or
 1648  jai alai game. The permitholder is shall be responsible for
 1649  collecting the admission tax.
 1650         (b) The No admission tax imposed under this chapter and or
 1651  chapter 212 may not shall be imposed on any free passes or
 1652  complimentary cards issued to persons for which there is no cost
 1653  to the person for admission to pari-mutuel events.
 1654         (c) A permitholder may issue tax-free passes to its
 1655  officers, officials, and employees and to or other persons
 1656  actually engaged in working at the racetrack, including
 1657  accredited media press representatives such as reporters and
 1658  editors, and may also issue tax-free passes to other
 1659  permitholders for the use of their officers and officials. The
 1660  permitholder shall file with the division a list of all persons
 1661  to whom tax-free passes are issued under this paragraph.
 1662         (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
 1663  contributions to pari-mutuel pools, the aggregate of which is
 1664  hereinafter referred to as “handle,” on races or games conducted
 1665  by the permitholder. The tax is imposed daily and is based on
 1666  the total contributions to all pari-mutuel pools conducted
 1667  during the daily performance. If a permitholder conducts more
 1668  than one performance daily, the tax is imposed on each
 1669  performance separately.
 1670         (a) The tax on handle for quarter horse racing is 1.0
 1671  percent of the handle.
 1672         (b)1. The tax on handle for greyhound racing dogracing is
 1673  1.28 5.5 percent of the handle, except that for live charity
 1674  performances held pursuant to s. 550.0351, and for intertrack
 1675  wagering on such charity performances at a guest greyhound track
 1676  within the market area of the host, the tax is 7.6 percent of
 1677  the handle.
 1678         2. The tax on handle for jai alai is 7.1 percent of the
 1679  handle.
 1680         (c)1. The tax on handle for intertrack wagering is:
 1681         a.If the host track is a horse track, 2.0 percent of the
 1682  handle.
 1683         b. If the host track is a harness horse racetrack track,
 1684  3.3 percent of the handle.
 1685         c. If the host track is a greyhound racing harness track,
 1686  1.28 5.5 percent of the handle, to be remitted by the guest
 1687  track. if the host track is a dog track, and
 1688         d.If the host track is a jai alai fronton, 7.1 percent of
 1689  the handle if the host track is a jai alai fronton.
 1690         e.The tax on handle for intertrack wagering is 0.5 percent
 1691  If the host track and the guest track are thoroughbred racing
 1692  permitholders or if the guest track is located outside the
 1693  market area of a the host track that is not a greyhound racing
 1694  track and within the market area of a thoroughbred racing
 1695  permitholder currently conducting a live race meet, 0.5 percent
 1696  of the handle.
 1697         f.The tax on handle For intertrack wagering on
 1698  rebroadcasts of simulcast thoroughbred horseraces, is 2.4
 1699  percent of the handle and 1.5 percent of the handle for
 1700  intertrack wagering on rebroadcasts of simulcast harness
 1701  horseraces, 1.5 percent of the handle.
 1702         2. The tax shall be deposited into the Pari-mutuel Wagering
 1703  Trust Fund.
 1704         3.2. The tax on handle for intertrack wagers accepted by
 1705  any greyhound racing dog track located in an area of the state
 1706  in which there are only three permitholders, all of which are
 1707  greyhound racing permitholders, located in three contiguous
 1708  counties, from any greyhound racing permitholder also located
 1709  within such area or any greyhound racing dog track or jai alai
 1710  fronton located as specified in s. 550.615(7) s. 550.615(6) or
 1711  (9), on races or games received from any jai alai the same class
 1712  of permitholder located within the same market area is 1.28 3.9
 1713  percent of the handle if the host facility is a greyhound racing
 1714  permitholder. and, If the host facility is a jai alai
 1715  permitholder, the tax is rate shall be 6.1 percent of the handle
 1716  until except that it shall be 2.3 percent on handle at such time
 1717  as the total tax on intertrack handle paid to the division by
 1718  the permitholder during the current state fiscal year exceeds
 1719  the total tax on intertrack handle paid to the division by the
 1720  permitholder during the 1992-1993 state fiscal year, in which
 1721  case the tax is 2.3 percent of the handle.
 1722         (d) Notwithstanding any other provision of this chapter, in
 1723  order to protect the Florida jai alai industry, effective July
 1724  1, 2000, a jai alai permitholder may not be taxed on live handle
 1725  at a rate higher than 2 percent.
 1726         (4) BREAKS TAX.—Effective October 1, 1996, each
 1727  permitholder conducting jai alai performances shall pay a tax
 1728  equal to the breaks. As used in this subsection, the term
 1729  “breaks” means the money that remains in each pari-mutuel pool
 1730  after funds are The “breaks” represents that portion of each
 1731  pari-mutuel pool which is not redistributed to the contributors
 1732  and commissions are or withheld by the permitholder as
 1733  commission.
 1734         (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1735  imposed by this section shall be paid to the division. The
 1736  division shall deposit such payments these sums with the Chief
 1737  Financial Officer, to the credit of the Pari-mutuel Wagering
 1738  Trust Fund, hereby established. The permitholder shall remit to
 1739  the division payment for the daily license fee, the admission
 1740  tax, the tax on handle, and the breaks tax. Such payments must
 1741  shall be remitted by 3 p.m. on Wednesday of each week for taxes
 1742  imposed and collected for the preceding week ending on Sunday.
 1743  Beginning on July 1, 2012, such payments must shall be remitted
 1744  by 3 p.m. on the 5th day of each calendar month for taxes
 1745  imposed and collected for the preceding calendar month. If the
 1746  5th day of the calendar month falls on a weekend, payments must
 1747  shall be remitted by 3 p.m. the first Monday following the
 1748  weekend. Permitholders shall file a report under oath by the 5th
 1749  day of each calendar month for all taxes remitted during the
 1750  preceding calendar month. Such payments must shall be
 1751  accompanied by a report under oath showing the total of all
 1752  admissions, the pari-mutuel wagering activities for the
 1753  preceding calendar month, and any such other information as may
 1754  be prescribed by the division.
 1755         (6) PENALTIES.—
 1756         (a) The failure of any permitholder to make payments as
 1757  prescribed in subsection (5) is a violation of this section, and
 1758  the permitholder may be subjected by the division may impose to
 1759  a civil penalty against the permitholder of up to $1,000 for
 1760  each day the tax payment is not remitted. All penalties imposed
 1761  and collected shall be deposited in the General Revenue Fund. If
 1762  a permitholder fails to pay penalties imposed by order of the
 1763  division under this subsection, the division may suspend or
 1764  revoke the license of the permitholder, cancel the permit of the
 1765  permitholder, or deny issuance of any further license or permit
 1766  to the permitholder.
 1767         (b) In addition to the civil penalty prescribed in
 1768  paragraph (a), any willful or wanton failure by any permitholder
 1769  to make payments of the daily license fee, admission tax, tax on
 1770  handle, or breaks tax constitutes sufficient grounds for the
 1771  division to suspend or revoke the license of the permitholder,
 1772  to cancel the permit of the permitholder, or to deny issuance of
 1773  any further license or permit to the permitholder.
 1774         Section 23. Subsection (4) of section 550.09511, Florida
 1775  Statutes, is repealed.
 1776         Section 24. Section 550.09512, Florida Statutes, is amended
 1777  to read:
 1778         550.09512 Harness horse racing taxes; abandoned interest in
 1779  a permit for nonpayment of taxes.—
 1780         (1) Pari-mutuel wagering at harness horse racetracks in
 1781  this state is an important business enterprise, and taxes
 1782  derived therefrom constitute a part of the tax structure which
 1783  funds operation of the state. Harness horse racing permitholders
 1784  should pay their fair share of these taxes to the state. This
 1785  business interest should not be taxed to such an extent as to
 1786  cause any racetrack which is operated under sound business
 1787  principles to be forced out of business. Due to the need to
 1788  protect the public health, safety, and welfare, the gaming laws
 1789  of the state provide for the harness horse racing industry to be
 1790  highly regulated and taxed. The state recognizes that there
 1791  exist identifiable differences between harness horse racing
 1792  permitholders based upon their ability to operate under such
 1793  regulation and tax system.
 1794         (2)(a) The tax on handle for live harness horse racing
 1795  performances is 0.5 percent of handle per performance.
 1796         (b) For purposes of this section, the term “handle” shall
 1797  have the same meaning as in s. 550.0951, and does shall not
 1798  include handle from intertrack wagering.
 1799         (3)(a) The division shall revoke the permit of a harness
 1800  horse racing permitholder that who does not pay the tax due on
 1801  handle for live harness horse racing performances for a full
 1802  schedule of live races for more than 24 consecutive months
 1803  during any 2 consecutive state fiscal years shall be void and
 1804  shall escheat to and become the property of the state unless
 1805  such failure to operate and pay tax on handle was the direct
 1806  result of fire, strike, war, or other disaster or event beyond
 1807  the ability of the permitholder to control. Financial hardship
 1808  to the permitholder does shall not, in and of itself, constitute
 1809  just cause for failure to operate and pay tax on handle. A
 1810  permit revoked under this subsection is void and may not be
 1811  reissued.
 1812         (b)In order to maximize the tax revenues to the state, the
 1813  division shall reissue an escheated harness horse permit to a
 1814  qualified applicant pursuant to the provisions of this chapter
 1815  as for the issuance of an initial permit. However, the
 1816  provisions of this chapter relating to referendum requirements
 1817  for a pari-mutuel permit shall not apply to the reissuance of an
 1818  escheated harness horse permit. As specified in the application
 1819  and upon approval by the division of an application for the
 1820  permit, the new permitholder shall be authorized to operate a
 1821  harness horse facility anywhere in the same county in which the
 1822  escheated permit was authorized to be operated, notwithstanding
 1823  the provisions of s. 550.054(2) relating to mileage limitations.
 1824         (4) In the event that a court of competent jurisdiction
 1825  determines any of the provisions of this section to be
 1826  unconstitutional, it is the intent of the Legislature that the
 1827  provisions contained in this section shall be null and void and
 1828  that the provisions of s. 550.0951 shall apply to all harness
 1829  horse racing permitholders beginning on the date of such
 1830  judicial determination. To this end, the Legislature declares
 1831  that it would not have enacted any of the provisions of this
 1832  section individually and, to that end, expressly finds them not
 1833  to be severable.
 1834         Section 25. Section 550.09514, Florida Statutes, is amended
 1835  to read:
 1836         550.09514 Greyhound racing dogracing taxes; purse
 1837  requirements.—
 1838         (1)Wagering on greyhound racing is subject to a tax on
 1839  handle for live greyhound racing as specified in s. 550.0951(3).
 1840  However, each permitholder shall pay no tax on handle until such
 1841  time as this subsection has resulted in a tax savings per state
 1842  fiscal year of $360,000. Thereafter, each permitholder shall pay
 1843  the tax as specified in s. 550.0951(3) on all handle for the
 1844  remainder of the permitholder’s current race meet. For the three
 1845  permitholders that conducted a full schedule of live racing in
 1846  1995, and are closest to another state that authorizes greyhound
 1847  pari-mutuel wagering, the maximum tax savings per state fiscal
 1848  year shall be $500,000. The provisions of this subsection
 1849  relating to tax exemptions shall not apply to any charity or
 1850  scholarship performances conducted pursuant to s. 550.0351.
 1851         (1)(a)(2)(a) The division shall determine for each
 1852  greyhound racing permitholder the annual purse percentage rate
 1853  of live handle for the state fiscal year 1993-1994 by dividing
 1854  total purses paid on live handle by the permitholder, exclusive
 1855  of payments made from outside sources, during the 1993-1994
 1856  state fiscal year by the permitholder’s live handle for the
 1857  1993-1994 state fiscal year. A greyhound racing Each
 1858  permitholder conducting live racing during a fiscal year shall
 1859  pay as purses for such live races conducted during its current
 1860  race meet a percentage of its live handle not less than the
 1861  percentage determined under this paragraph, exclusive of
 1862  payments made by outside sources, for its 1993-1994 state fiscal
 1863  year.
 1864         (b) Except as otherwise set forth herein, in addition to
 1865  the minimum purse percentage required by paragraph (a), each
 1866  greyhound racing permitholder conducting live racing during a
 1867  fiscal year shall pay as purses an annual amount of $60 for each
 1868  live race conducted equal to 75 percent of the daily license
 1869  fees paid by the greyhound racing each permitholder in for the
 1870  preceding 1994-1995 fiscal year. These This purse supplement
 1871  shall be disbursed weekly during the permitholder’s race meet in
 1872  an amount determined by dividing the annual purse supplement by
 1873  the number of performances approved for the permitholder
 1874  pursuant to its annual license and multiplying that amount by
 1875  the number of performances conducted each week. For the
 1876  greyhound permitholders in the county where there are two
 1877  greyhound permitholders located as specified in s. 550.615(6),
 1878  such permitholders shall pay in the aggregate an amount equal to
 1879  75 percent of the daily license fees paid by such permitholders
 1880  for the 1994-1995 fiscal year. These permitholders shall be
 1881  jointly and severally liable for such purse payments. The
 1882  additional purses provided by this paragraph must be used
 1883  exclusively for purses other than stakes and disbursed weekly
 1884  during the permitholder’s race meet. The division shall conduct
 1885  audits necessary to ensure compliance with this section.
 1886         (c)1. Each greyhound racing permitholder, when conducting
 1887  at least three live performances during any week, shall pay
 1888  purses in that week on wagers it accepts as a guest track on
 1889  intertrack and simulcast greyhound races at the same rate as it
 1890  pays on live races. Each greyhound racing permitholder, when
 1891  conducting at least three live performances during any week,
 1892  shall pay purses in that week, at the same rate as it pays on
 1893  live races, on wagers accepted on greyhound races at a guest
 1894  track that which is not conducting live racing and is located
 1895  within the same market area as the greyhound racing permitholder
 1896  conducting at least three live performances during any week.
 1897         2. Each host greyhound racing permitholder shall pay purses
 1898  on its simulcast and intertrack broadcasts of greyhound races to
 1899  guest facilities that are located outside its market area in an
 1900  amount equal to one quarter of an amount determined by
 1901  subtracting the transmission costs of sending the simulcast or
 1902  intertrack broadcasts from an amount determined by adding the
 1903  fees received for greyhound simulcast races plus 3 percent of
 1904  the greyhound intertrack handle at guest facilities that are
 1905  located outside the market area of the host and that paid
 1906  contractual fees to the host for such broadcasts of greyhound
 1907  races.
 1908         (d) The division shall require sufficient documentation
 1909  from each greyhound racing permitholder regarding purses paid on
 1910  live racing to assure that the annual purse percentage rates
 1911  paid by each greyhound racing permitholder conducting on the
 1912  live races are not reduced below those paid during the 1993-1994
 1913  state fiscal year. The division shall require sufficient
 1914  documentation from each greyhound racing permitholder to assure
 1915  that the purses paid by each permitholder on the greyhound
 1916  intertrack and simulcast broadcasts are in compliance with the
 1917  requirements of paragraph (c).
 1918         (e) In addition to the purse requirements of paragraphs
 1919  (a)-(c), each greyhound racing permitholder conducting live
 1920  races shall pay as purses an amount equal to one-third of the
 1921  amount of the tax reduction on live and simulcast handle
 1922  applicable to such permitholder as a result of the reductions in
 1923  tax rates provided by s. 6, chapter 2000-354, Laws of Florida
 1924  this act through the amendments to s. 550.0951(3). With respect
 1925  to intertrack wagering when the host and guest tracks are
 1926  greyhound racing permitholders not within the same market area,
 1927  an amount equal to the tax reduction applicable to the guest
 1928  track handle as a result of the reduction in tax rate provided
 1929  by s. 6, chapter 2000-354, Laws of Florida, this act through the
 1930  amendment to s. 550.0951(3) shall be distributed to the guest
 1931  track, one-third of which amount shall be paid as purses at the
 1932  guest track. However, if the guest track is a greyhound racing
 1933  permitholder within the market area of the host or if the guest
 1934  track is not a greyhound racing permitholder, an amount equal to
 1935  such tax reduction applicable to the guest track handle shall be
 1936  retained by the host track, one-third of which amount shall be
 1937  paid as purses at the host track. These purse funds shall be
 1938  disbursed in the week received if the permitholder conducts at
 1939  least one live performance during that week. If the permitholder
 1940  does not conduct at least one live performance during the week
 1941  in which the purse funds are received, the purse funds shall be
 1942  disbursed weekly during the permitholder’s next race meet in an
 1943  amount determined by dividing the purse amount by the number of
 1944  performances approved for the permitholder pursuant to its
 1945  annual license, and multiplying that amount by the number of
 1946  performances conducted each week. The division shall conduct
 1947  audits necessary to ensure compliance with this paragraph.
 1948         (f) Each greyhound racing permitholder conducting live
 1949  racing shall, during the permitholder’s race meet, supply kennel
 1950  operators and the Division of Pari-Mutuel Wagering with a weekly
 1951  report showing purses paid on live greyhound races and all
 1952  greyhound intertrack and simulcast broadcasts, including both as
 1953  a guest and a host together with the handle or commission
 1954  calculations on which such purses were paid and the transmission
 1955  costs of sending the simulcast or intertrack broadcasts, so that
 1956  the kennel operators may determine statutory and contractual
 1957  compliance.
 1958         (g) Each greyhound racing permitholder conducting live
 1959  racing shall make direct payment of purses to the greyhound
 1960  owners who have filed with such permitholder appropriate federal
 1961  taxpayer identification information based on the percentage
 1962  amount agreed upon between the kennel operator and the greyhound
 1963  owner.
 1964         (h) At the request of a majority of kennel operators under
 1965  contract with a greyhound racing permitholder conducting live
 1966  racing, the permitholder shall make deductions from purses paid
 1967  to each kennel operator electing such deduction and shall make a
 1968  direct payment of such deductions to the local association of
 1969  greyhound kennel operators formed by a majority of kennel
 1970  operators under contract with the permitholder. The amount of
 1971  the deduction shall be at least 1 percent of purses, as
 1972  determined by the local association of greyhound kennel
 1973  operators. No Deductions may not be taken pursuant to this
 1974  paragraph without a kennel operator’s specific approval before
 1975  or after May 24, 1998 the effective date of this act.
 1976         (2)(3)As used in For the purpose of this section, the term
 1977  “live handle” means the handle from wagers placed at the
 1978  permitholder’s establishment on the live greyhound races
 1979  conducted at the permitholder’s establishment.
 1980         Section 26. Section 550.09515, Florida Statutes, is amended
 1981  to read:
 1982         550.09515 Thoroughbred racing horse taxes; abandoned
 1983  interest in a permit for nonpayment of taxes.—
 1984         (1) Pari-mutuel wagering at thoroughbred horse racetracks
 1985  in this state is an important business enterprise, and taxes
 1986  derived therefrom constitute a part of the tax structure which
 1987  funds operation of the state. Thoroughbred horse permitholders
 1988  should pay their fair share of these taxes to the state. This
 1989  business interest should not be taxed to such an extent as to
 1990  cause any racetrack which is operated under sound business
 1991  principles to be forced out of business. Due to the need to
 1992  protect the public health, safety, and welfare, the gaming laws
 1993  of the state provide for the thoroughbred horse industry to be
 1994  highly regulated and taxed. The state recognizes that there
 1995  exist identifiable differences between thoroughbred horse
 1996  permitholders based upon their ability to operate under such
 1997  regulation and tax system and at different periods during the
 1998  year.
 1999         (2)(a) The tax on handle for live thoroughbred horserace
 2000  performances shall be 0.5 percent.
 2001         (b) For purposes of this section, the term “handle” shall
 2002  have the same meaning as in s. 550.0951, and does shall not
 2003  include handle from intertrack wagering.
 2004         (3)(a) The division shall revoke the permit of a
 2005  thoroughbred racing horse permitholder that who does not pay the
 2006  tax due on handle for live thoroughbred horse performances for a
 2007  full schedule of live races for more than 24 consecutive months
 2008  during any 2 consecutive state fiscal years shall be void and
 2009  shall escheat to and become the property of the state unless
 2010  such failure to operate and pay tax on handle was the direct
 2011  result of fire, strike, war, or other disaster or event beyond
 2012  the ability of the permitholder to control. Financial hardship
 2013  to the permitholder does shall not, in and of itself, constitute
 2014  just cause for failure to operate and pay tax on handle. A
 2015  permit revoked under this subsection is void and may not be
 2016  reissued.
 2017         (b)In order to maximize the tax revenues to the state, the
 2018  division shall reissue an escheated thoroughbred horse permit to
 2019  a qualified applicant pursuant to the provisions of this chapter
 2020  as for the issuance of an initial permit. However, the
 2021  provisions of this chapter relating to referendum requirements
 2022  for a pari-mutuel permit shall not apply to the reissuance of an
 2023  escheated thoroughbred horse permit. As specified in the
 2024  application and upon approval by the division of an application
 2025  for the permit, the new permitholder shall be authorized to
 2026  operate a thoroughbred horse facility anywhere in the same
 2027  county in which the escheated permit was authorized to be
 2028  operated, notwithstanding the provisions of s. 550.054(2)
 2029  relating to mileage limitations.
 2030         (4) In the event that a court of competent jurisdiction
 2031  determines any of the provisions of this section to be
 2032  unconstitutional, it is the intent of the Legislature that the
 2033  provisions contained in this section shall be null and void and
 2034  that the provisions of s. 550.0951 shall apply to all
 2035  thoroughbred racing horse permitholders beginning on the date of
 2036  such judicial determination. To this end, the Legislature
 2037  declares that it would not have enacted any of the provisions of
 2038  this section individually and, to that end, expressly finds them
 2039  not to be severable.
 2040         (5) Notwithstanding the provisions of s. 550.0951(3)(c),
 2041  the tax on handle for intertrack wagering on rebroadcasts of
 2042  simulcast horseraces is 2.4 percent of the handle; provided
 2043  however, that if the guest track is a thoroughbred track located
 2044  more than 35 miles from the host track, the host track shall pay
 2045  a tax of .5 percent of the handle, and additionally the host
 2046  track shall pay to the guest track 1.9 percent of the handle to
 2047  be used by the guest track solely for purses. The tax shall be
 2048  deposited into the Pari-mutuel Wagering Trust Fund.
 2049         (6) A credit equal to the amount of contributions made by a
 2050  thoroughbred racing permitholder during the taxable year
 2051  directly to the Jockeys’ Guild or its health and welfare fund to
 2052  be used to provide health and welfare benefits for active,
 2053  disabled, and retired Florida jockeys and their dependents
 2054  pursuant to reasonable rules of eligibility established by the
 2055  Jockeys’ Guild is allowed against taxes on live handle due for a
 2056  taxable year under this section. A thoroughbred racing
 2057  permitholder may not receive a credit greater than an amount
 2058  equal to 1 percent of its paid taxes for the previous taxable
 2059  year.
 2060         (7) If a thoroughbred racing permitholder fails to operate
 2061  all performances on its 2001-2002 license, failure to pay tax on
 2062  handle for a full schedule of live races for those performances
 2063  in the 2001-2002 fiscal year does not constitute failure to pay
 2064  taxes on handle for a full schedule of live races in a fiscal
 2065  year for the purposes of subsection (3). This subsection may not
 2066  be construed as forgiving a thoroughbred racing permitholder
 2067  from paying taxes on performances conducted at its facility
 2068  pursuant to its 2001-2002 license other than for failure to
 2069  operate all performances on its 2001-2002 license. This
 2070  subsection expires July 1, 2003.
 2071         Section 27. Section 550.1625, Florida Statutes, is amended
 2072  to read:
 2073         550.1625 Greyhound racing dogracing; taxes.—
 2074         (1) The operation of a greyhound racing dog track and
 2075  legalized pari-mutuel betting at greyhound racing dog tracks in
 2076  this state is a privilege and is an operation that requires
 2077  strict supervision and regulation in the best interests of the
 2078  state. Pari-mutuel wagering at greyhound racing dog tracks in
 2079  this state is a substantial business, and taxes derived
 2080  therefrom constitute part of the tax structures of the state and
 2081  the counties. The operators of greyhound racing dog tracks
 2082  should pay their fair share of taxes to the state; at the same
 2083  time, this substantial business interest should not be taxed to
 2084  such an extent as to cause a track that is operated under sound
 2085  business principles to be forced out of business.
 2086         (2) A permitholder that conducts a greyhound race dograce
 2087  meet under this chapter must pay the daily license fee, the
 2088  admission tax, the breaks tax, and the tax on pari-mutuel handle
 2089  as provided in s. 550.0951 and is subject to all penalties and
 2090  sanctions provided in s. 550.0951(6).
 2091         Section 28. Section 550.1647, Florida Statutes, is
 2092  repealed.
 2093         Section 29. Section 550.1648, Florida Statutes, is amended
 2094  to read:
 2095         550.1648 Greyhound adoptions.—
 2096         (1)A greyhound racing Each dogracing permitholder that
 2097  conducts live racing at operating a greyhound racing dogracing
 2098  facility in this state shall provide for a greyhound adoption
 2099  booth to be located at the facility.
 2100         (1)(a) The greyhound adoption booth must be operated on
 2101  weekends by personnel or volunteers from a bona fide
 2102  organization that promotes or encourages the adoption of
 2103  greyhounds pursuant to s. 550.1647. Such bona fide organization,
 2104  as a condition of adoption, must provide sterilization of
 2105  greyhounds by a licensed veterinarian before relinquishing
 2106  custody of the greyhound to the adopter. The fee for
 2107  sterilization may be included in the cost of adoption. As used
 2108  in this section, the term “weekend” includes the hours during
 2109  which live greyhound racing is conducted on Friday, Saturday, or
 2110  Sunday, and the term “bona fide organization that promotes or
 2111  encourages the adoption of greyhounds” means an organization
 2112  that provides evidence of compliance with chapter 496 and
 2113  possesses a valid exemption from federal taxation issued by the
 2114  Internal Revenue Service. Information pamphlets and application
 2115  forms shall be provided to the public upon request.
 2116         (b)In addition, The kennel operator or owner shall notify
 2117  the permitholder that a greyhound is available for adoption and
 2118  the permitholder shall provide information concerning the
 2119  adoption of a greyhound in each race program and shall post
 2120  adoption information at conspicuous locations throughout the
 2121  greyhound racing dogracing facility. Any greyhound that is
 2122  participating in a race and that will be available for future
 2123  adoption must be noted in the race program. The permitholder
 2124  shall allow greyhounds to be walked through the track facility
 2125  to publicize the greyhound adoption program.
 2126         (2) In addition to the charity days authorized under s.
 2127  550.0351, a greyhound racing permitholder may fund the greyhound
 2128  adoption program by holding a charity racing day designated as
 2129  “Greyhound Adopt-A-Pet Day.” All profits derived from the
 2130  operation of the charity day must be placed into a fund used to
 2131  support activities at the racing facility which promote the
 2132  adoption of greyhounds. The division may adopt rules for
 2133  administering the fund. Proceeds from the charity day authorized
 2134  in this subsection may not be used as a source of funds for the
 2135  purposes set forth in s. 550.1647.
 2136         (3)(a) Upon a violation of this section by a permitholder
 2137  or licensee, the division may impose a penalty as provided in s.
 2138  550.0251(10) and require the permitholder to take corrective
 2139  action.
 2140         (b) A penalty imposed under s. 550.0251(10) does not
 2141  exclude a prosecution for cruelty to animals or for any other
 2142  criminal act.
 2143         Section 30. Section 550.1752, Florida Statutes, is created
 2144  to read:
 2145         550.1752 Permit reduction program.—
 2146         (1) The permit reduction program is created in the Division
 2147  of Pari-mutuel Wagering for the purpose of purchasing and
 2148  cancelling active pari-mutuel permits. The program shall be
 2149  funded from revenue share payments made by the Seminole Tribe of
 2150  Florida under the compact ratified by s. 285.710(3).
 2151         (2) The division shall purchase pari-mutuel permits from
 2152  pari-mutuel permitholders when sufficient moneys are available
 2153  for such purchases. A pari-mutuel permitholder may not submit an
 2154  offer to sell a permit unless it is actively conducting pari
 2155  mutuel racing or jai alai as required by law and satisfies all
 2156  applicable requirements for the permit. The division shall adopt
 2157  by rule the form to be used by a pari-mutuel permitholder for an
 2158  offer to sell a permit and shall establish a schedule for the
 2159  consideration of offers.
 2160         (3) The division shall establish the value of a pari-mutuel
 2161  permit based upon the valuation of one or more independent
 2162  appraisers selected by the division. The valuation of a permit
 2163  must be based on the permit’s fair market value and may not
 2164  include the value of the real estate or personal property. The
 2165  division may establish a value for the permit that is lower than
 2166  the amount determined by an independent appraiser but may not
 2167  establish a higher value.
 2168         (4) The division must accept the offer or offers that best
 2169  utilize available funding; however, the division may also accept
 2170  the offers that it determines are most likely to reduce the
 2171  incidence of gaming in this state. The division may not accept
 2172  an offer to purchase a permit or execute a contract to purchase
 2173  a permit if the sum of the purchase price for the permit under
 2174  the offer or the contract and the total of the purchase prices
 2175  under all previously executed contracts for the purchase of
 2176  permits exceeds $20 million.
 2177         (5)Following the execution of a contract between a
 2178  permitholder and the state for the acquisition of a permit owned
 2179  by a permitholder, and not less than 30 days after the
 2180  authorization of the nonoperating budget authority pursuant to
 2181  s. 216.181(12) required to pay the purchase price for such
 2182  permit, the division shall certify the executed contract to the
 2183  Chief Financial Officer and shall request the distribution to be
 2184  paid from the General Revenue Fund to the permitholder for the
 2185  closing of the purchase. The total of all such distributions for
 2186  all permit purchases may not exceed $20 million in all fiscal
 2187  years. Immediately after the closing of a purchase, the division
 2188  shall cancel any permit purchased under this section.
 2189         (6) This section expires on July 1, 2019, unless reenacted
 2190  by the Legislature.
 2191         Section 31. Section 550.1753, Florida Statutes, is created
 2192  to read:
 2193         550.1753 Thoroughbred purse and awards supplement program.—
 2194         (1)The thoroughbred purse and awards supplement program is
 2195  created in the division for the purpose of maintaining an active
 2196  and viable live thoroughbred racing, owning, and breeding
 2197  industry in this state. The program shall be funded from revenue
 2198  share payments made by the Seminole Tribe of Florida under the
 2199  compact ratified by s. 285.710(3).
 2200         (2)Beginning July 1, 2019, after the funds paid by the
 2201  Seminole Tribe of Florida to the state during each state fiscal
 2202  year exceed $20 million, and not less than 30 days after the
 2203  authorization of the nonoperating budget authority pursuant to
 2204  s. 216.181(12) needed to pay purse and awards supplement funds,
 2205  the division shall certify to the Chief Financial Officer the
 2206  amount of the purse and awards supplement funds to be
 2207  distributed to each eligible thoroughbred racing permitholder
 2208  and to the Florida Thoroughbred Breeders’ Association, Inc.,
 2209  pursuant to subsection (3) and shall request the distribution
 2210  from the General Revenue Fund to be paid to each thoroughbred
 2211  racing permitholder and to the Florida Thoroughbred Breeders’
 2212  Association, Inc. The total of all such distributions for all
 2213  thoroughbred racing permitholders may not exceed $20 million in
 2214  any fiscal year.
 2215         (3)(a)Purse and awards supplement funds are intended to
 2216  enhance the purses and awards currently available on
 2217  thoroughbred horse racing in this state. Such funds also may be
 2218  used both to supplement thoroughbred horse racing purses and
 2219  awards and to subsidize the operating costs of and capital
 2220  improvements at permitted thoroughbred horse racing facilities
 2221  eligible for funding under this section, in accordance with an
 2222  agreement with the association representing a majority of the
 2223  thoroughbred horse owners and trainers conducting racing at each
 2224  such thoroughbred horse racing permitholder’s facility.
 2225         (b)A thoroughbred horse racing permitholder may not
 2226  receive purse and awards supplements under this section unless
 2227  it provides the division with a copy of an agreement between the
 2228  thoroughbred horse racing permitholder and the horsemen’s
 2229  association representing the majority of the thoroughbred
 2230  racehorse owners and trainers racing at the thoroughbred horse
 2231  racing permitholder’s facility for purses to be paid during its
 2232  upcoming meet. Ninety percent of all purse and awards supplement
 2233  funds must be devoted to purses and ten percent must be devoted
 2234  to breeders’, stallion, and special racing awards under this
 2235  chapter.
 2236         (c)The division shall apportion the purse and awards
 2237  supplement funds as follows:
 2238         1.The first $10 million shall be allocated to a
 2239  thoroughbred horse racing permitholder that has conducted a full
 2240  schedule of live racing for 15 consecutive years after June 30,
 2241  2000, has never operated at a facility in which slot machines
 2242  are located, and has never held a slot machine license, as long
 2243  as the thoroughbred horse racing permitholder uses the
 2244  allocation for thoroughbred horse racing purses and awards and
 2245  operations at the thoroughbred horse racing permitholder’s
 2246  facility, with at least 50 percent of such funds allocated to
 2247  thoroughbred horse racing purses. If more than one thoroughbred
 2248  horse racing permitholder is eligible to participate in this
 2249  allocation, the funds shall be allocated on a pro rata basis
 2250  based on the number of live race days to be conducted by those
 2251  eligible thoroughbred horse racing permitholders pursuant to
 2252  their annual racing licenses.
 2253         2.The balance of the funds shall be allocated on a pro
 2254  rata basis based on the number of live race days to be conducted
 2255  by thoroughbred horse racing permitholders pursuant to their
 2256  annual racing licenses.
 2257         3.If a thoroughbred horse racing permitholder fails to
 2258  conduct a live race day, the permitholder must return the unused
 2259  purse and awards supplement funds allocated for that day, and
 2260  the division shall reapportion the allocation of purse and
 2261  awards supplement funds to the remaining race days to be
 2262  conducted by that thoroughbred horse racing permitholder.
 2263         (d)1.In the event a limited thoroughbred racing
 2264  permitholder receives a license as a result of the conditions
 2265  set forth in s. 550.01215(7), it shall be allocated in its first
 2266  year of licensure a pro rata share as if it were licensed for an
 2267  additional 50 percent of its licensed racing days and may apply
 2268  in the next 2 state fiscal years for racing days and receive
 2269  funding under this section at the additional 50 percent rate
 2270  described in subparagraph (c)2. Funding under this paragraph is
 2271  conditioned upon the limited thoroughbred racing permitholder
 2272  applying for no more performances than are necessary to make up
 2273  the deficiency in the racing levels set forth in s.
 2274  550.01215(7), with funding in the following 2 years conditioned
 2275  upon applying for no more than this same number of performances
 2276  or the number of performances necessary to make up the
 2277  deficiency in the racing levels specified above at that point,
 2278  whichever is greater.
 2279         2.After three years of funding at the rate set forth in
 2280  this paragraph, the limited thoroughbred permitholder shall be
 2281  treated as other thoroughbred permitholders applying for funding
 2282  under this section.
 2283         3.Notwithstanding paragraph (a), funds received under this
 2284  paragraph may be used both to supplement purses and to subsidize
 2285  operating costs and capital improvements for the pari-mutuel
 2286  facility.
 2287         (e)The division shall distribute 10 percent of all purse
 2288  and awards supplement funds to the Florida Thoroughbred
 2289  Breeders’ Association, Inc., for the payment of breeders’,
 2290  stallion, and special racing awards, subject to s. 550.2625(3).
 2291  Supplement funds received by the association may be returned at
 2292  its discretion to thoroughbred horse racing permitholders for
 2293  special racing awards to be distributed by the permitholders to
 2294  owners of thoroughbred horses participating in prescribed
 2295  thoroughbred stakes races, nonstakes races, or both, all in
 2296  accordance with a written agreement establishing the rate,
 2297  procedure, and eligibility requirements for such awards for the
 2298  upcoming state fiscal year, entered into by the permitholder and
 2299  the Florida Thoroughbred Breeders’ Association, Inc., on or
 2300  before June 30 of each year.
 2301         (f)The division shall adopt by rule the form to be used by
 2302  a permitholder for applying for to receive purse and awards
 2303  supplement funds.
 2304         (4)The division may adopt rules necessary to implement
 2305  this section.
 2306         (5) This section expires June 30, 2036.
 2307         Section 32. Subsections (4) and (5) and paragraphs (a) and
 2308  (c) of subsection (7) of section 550.2415, Florida Statutes, are
 2309  amended to read:
 2310         550.2415 Racing of animals under certain conditions
 2311  prohibited; penalties; exceptions.—
 2312         (4) A prosecution pursuant to this section for a violation
 2313  of this section must begin within 90 days after the violation
 2314  was committed. Filing Service of an administrative complaint by
 2315  the division or a notice of violation by the stewards marks the
 2316  commencement of administrative action.
 2317         (5) The division shall adopt rules related to the testing
 2318  of racing animals which must include chain of custody procedures
 2319  and implement a split sample split-sample procedure for testing
 2320  animals under this section. The split sample procedure shall
 2321  require drawing of at least two samples the first of which shall
 2322  be tested by the state’s testing laboratory and the second of
 2323  which shall be retained in a separate secure location for
 2324  testing at a later date in accordance with rules adopted by the
 2325  division. The division shall only authorize testing by
 2326  laboratories accredited by the Racing Medication and Testing
 2327  Consortium.
 2328         (a) The division shall notify the owner or trainer, the
 2329  stewards, and the appropriate horsemen’s association of all drug
 2330  test results. If a drug test result is positive, and upon
 2331  request by the affected trainer or owner of the animal from
 2332  which the sample was obtained, the division shall send the split
 2333  sample to an approved independent laboratory for analysis. The
 2334  division shall establish standards and rules for uniform
 2335  enforcement and shall maintain a list of at least five approved
 2336  independent laboratories for an owner or trainer to select from
 2337  if a drug test result is positive.
 2338         (b) If the division laboratory’s findings are not confirmed
 2339  by the independent laboratory, no further administrative or
 2340  disciplinary action under this section may be pursued.
 2341         (c) If the independent laboratory confirms the division
 2342  laboratory’s positive result, the division may commence
 2343  administrative proceedings as prescribed in this chapter and
 2344  consistent with chapter 120. For purposes of this subsection,
 2345  the department shall in good faith attempt to obtain a
 2346  sufficient quantity of the test fluid to allow both a primary
 2347  test and a secondary test to be made.
 2348         (d) For the testing of a racing greyhound, if there is an
 2349  insufficient quantity of the secondary (split) sample for
 2350  confirmation of the division laboratory’s positive result, the
 2351  division may commence administrative proceedings as prescribed
 2352  in this chapter and consistent with chapter 120.
 2353         (e) For the testing of a racehorse, if there is an
 2354  insufficient quantity of the secondary (split) sample for
 2355  confirmation of the division laboratory’s positive result, the
 2356  division may not take further action on the matter against the
 2357  owner or trainer, and any resulting license suspension must be
 2358  immediately lifted.
 2359         (f) The division shall require its laboratory and the
 2360  independent laboratories to annually participate in an
 2361  externally administered quality assurance program designed to
 2362  assess testing proficiency in the detection and appropriate
 2363  quantification of medications, drugs, and naturally occurring
 2364  substances that may be administered to racing animals. The
 2365  administrator of the quality assurance program shall report its
 2366  results and findings to the division and the Department of
 2367  Agriculture and Consumer Services.
 2368         (7)(a) In order to protect the safety and welfare of racing
 2369  animals and the integrity of the races in which the animals
 2370  participate, the division shall adopt rules establishing the
 2371  conditions of use and maximum concentrations of medications,
 2372  drugs, and naturally occurring substances identified in the
 2373  Controlled Therapeutic Medication Schedule, Version 2.1, revised
 2374  April 17, 2014, adopted by the Association of Racing
 2375  Commissioners International, Inc. Controlled therapeutic
 2376  medications include only the specific medications and
 2377  concentrations allowed in biological samples which have been
 2378  approved by the Association of Racing Commissioners
 2379  International, Inc., as controlled therapeutic medications.
 2380         (c) The division rules must include a classification and
 2381  penalty system for the use of drugs, medications, and other
 2382  foreign substances which incorporates the Uniform Classification
 2383  Guidelines for Foreign Substances, Recommended Penalty
 2384  Guidelines, and the Multiple Medication Violation Penalty System
 2385  adopted and a corresponding penalty schedule for violations
 2386  which incorporates the Uniform Classification Guidelines for
 2387  Foreign Substances, Version 8.0, revised December 2014, by the
 2388  Association of Racing Commissioners International, Inc. The
 2389  division shall adopt laboratory screening limits approved by the
 2390  Association of Racing Commissioners International, Inc., for
 2391  drugs and medications that are not included as controlled
 2392  therapeutic medications, the presence of which in a sample may
 2393  result in a violation of this section.
 2394         Section 33. Section 550.2416, Florida Statutes, is created
 2395  to read:
 2396         550.2416Reporting of racing greyhound injuries.—
 2397         (1)An injury to a racing greyhound which occurs while the
 2398  greyhound is located in this state must be reported on a form
 2399  adopted by the division within 7 days after the date on which
 2400  the injury occurred or is believed to have occurred. The
 2401  division may adopt rules defining the term “injury.”
 2402         (2)The form shall be completed and signed under oath or
 2403  affirmation by the:
 2404         (a)Racetrack veterinarian or director of racing, if the
 2405  injury occurred at the racetrack facility; or
 2406         (b)Owner, trainer, or kennel operator who had knowledge of
 2407  the injury, if the injury occurred at a location other than the
 2408  racetrack facility, including during transportation.
 2409         (3)The division may fine, suspend, or revoke the license
 2410  of any individual who knowingly violates this section.
 2411         (4)The form must include the following:
 2412         (a)The greyhound’s registered name, right-ear and left-ear
 2413  tattoo numbers, and, if any, the microchip manufacturer and
 2414  number.
 2415         (b)The name, business address, and telephone number of the
 2416  greyhound owner, the trainer, and the kennel operator.
 2417         (c)The color, weight, and sex of the greyhound.
 2418         (d)The specific type and bodily location of the injury,
 2419  the cause of the injury, and the estimated recovery time from
 2420  the injury.
 2421         (e)If the injury occurred when the greyhound was racing:
 2422         1.The racetrack where the injury occurred;
 2423         2.The distance, grade, race, and post position of the
 2424  greyhound when the injury occurred; and
 2425         3.The weather conditions, time, and track conditions when
 2426  the injury occurred.
 2427         (f)If the injury occurred when the greyhound was not
 2428  racing:
 2429         1.The location where the injury occurred, including, but
 2430  not limited to, a kennel, a training facility, or a
 2431  transportation vehicle; and
 2432         2.The circumstances surrounding the injury.
 2433         (g)Other information that the division determines is
 2434  necessary to identify injuries to racing greyhounds in this
 2435  state.
 2436         (5)An injury form created pursuant to this section must be
 2437  maintained as a public record by the division for at least 7
 2438  years after the date it was received.
 2439         (6)A licensee of the department who knowingly makes a
 2440  false statement concerning an injury or fails to report an
 2441  injury is subject to disciplinary action under this chapter or
 2442  chapters 455 and 474.
 2443         (7)This section does not apply to injuries to a service
 2444  animal, personal pet, or greyhound that has been adopted as a
 2445  pet.
 2446         (8)The division shall adopt rules to implement this
 2447  section.
 2448         Section 34. Subsection (1) of section 550.26165, Florida
 2449  Statutes, is amended to read:
 2450         550.26165 Breeders’ awards.—
 2451         (1) The purpose of this section is to encourage the
 2452  agricultural activity of breeding and training racehorses in
 2453  this state. Moneys dedicated in this chapter for use as
 2454  breeders’ awards and stallion awards are to be used for awards
 2455  to breeders of registered Florida-bred horses winning horseraces
 2456  and for similar awards to the owners of stallions who sired
 2457  Florida-bred horses winning stakes races, if the stallions are
 2458  registered as Florida stallions standing in this state. Such
 2459  awards shall be given at a uniform rate to all winners of the
 2460  awards, may shall not be greater than 20 percent of the
 2461  announced gross purse, and may shall not be less than 15 percent
 2462  of the announced gross purse if funds are available. In
 2463  addition, at least no less than 17 percent, but not nor more
 2464  than 40 percent, as determined by the Florida Thoroughbred
 2465  Breeders’ Association, of the moneys dedicated in this chapter
 2466  for use as breeders’ awards and stallion awards for
 2467  thoroughbreds shall be returned pro rata to the permitholders
 2468  that generated the moneys for special racing awards to be
 2469  distributed by the permitholders to owners of thoroughbred
 2470  horses participating in prescribed thoroughbred stakes races,
 2471  nonstakes races, or both, all in accordance with a written
 2472  agreement establishing the rate, procedure, and eligibility
 2473  requirements for such awards entered into by the permitholder,
 2474  the Florida Thoroughbred Breeders’ Association, and the Florida
 2475  Horsemen’s Benevolent and Protective Association, Inc., except
 2476  that the plan for the distribution by any permitholder located
 2477  in the area described in s. 550.615(7) s. 550.615(9) shall be
 2478  agreed upon by that permitholder, the Florida Thoroughbred
 2479  Breeders’ Association, and the association representing a
 2480  majority of the thoroughbred racehorse owners and trainers at
 2481  that location. Awards for thoroughbred races are to be paid
 2482  through the Florida Thoroughbred Breeders’ Association, and
 2483  awards for standardbred races are to be paid through the Florida
 2484  Standardbred Breeders and Owners Association. Among other
 2485  sources specified in this chapter, moneys for thoroughbred
 2486  breeders’ awards will come from the 0.955 percent of handle for
 2487  thoroughbred races conducted, received, broadcast, or simulcast
 2488  under this chapter as provided in s. 550.2625(3). The moneys for
 2489  quarter horse and harness breeders’ awards will come from the
 2490  breaks and uncashed tickets on live quarter horse and harness
 2491  horse racing performances and 1 percent of handle on intertrack
 2492  wagering. The funds for these breeders’ awards shall be paid to
 2493  the respective breeders’ associations by the permitholders
 2494  conducting the races.
 2495         Section 35. Section 550.3345, Florida Statutes, is amended
 2496  to read:
 2497         550.3345 Conversion of quarter horse permit to a Limited
 2498  thoroughbred racing permit.—
 2499         (1) In recognition of the important and long-standing
 2500  economic contribution of the thoroughbred horse breeding
 2501  industry to this state and the state’s vested interest in
 2502  promoting the continued viability of this agricultural activity,
 2503  the state intends to provide a limited opportunity for the
 2504  conduct of live thoroughbred horse racing with the net revenues
 2505  from such racing dedicated to the enhancement of thoroughbred
 2506  purses and breeders’, stallion, and special racing awards under
 2507  this chapter; the general promotion of the thoroughbred horse
 2508  breeding industry; and the care in this state of thoroughbred
 2509  horses retired from racing.
 2510         (2) A limited thoroughbred racing permit previously
 2511  converted from Notwithstanding any other provision of law, the
 2512  holder of a quarter horse racing permit pursuant to chapter
 2513  2010-29, Laws of Florida, issued under s. 550.334 may only be
 2514  held by, within 1 year after the effective date of this section,
 2515  apply to the division for a transfer of the quarter horse racing
 2516  permit to a not-for-profit corporation formed under state law to
 2517  serve the purposes of the state as provided in subsection (1).
 2518  The board of directors of the not-for-profit corporation must be
 2519  composed comprised of 11 members, 4 of whom shall be designated
 2520  by the applicant, 4 of whom shall be designated by the Florida
 2521  Thoroughbred Breeders’ Association, and 3 of whom shall be
 2522  designated by the other 8 directors, with at least 1 of these 3
 2523  members being an authorized representative of another
 2524  thoroughbred racing permitholder in this state. A limited
 2525  thoroughbred racing The not-for-profit corporation shall submit
 2526  an application to the division for review and approval of the
 2527  transfer in accordance with s. 550.054. Upon approval of the
 2528  transfer by the division, and notwithstanding any other
 2529  provision of law to the contrary, the not-for-profit corporation
 2530  may, within 1 year after its receipt of the permit, request that
 2531  the division convert the quarter horse racing permit to a permit
 2532  authorizing the holder to conduct pari-mutuel wagering meets of
 2533  thoroughbred racing. Neither the transfer of the quarter horse
 2534  racing permit nor its conversion to a limited thoroughbred
 2535  permit shall be subject to the mileage limitation or the
 2536  ratification election as set forth under s. 550.054(2) or s.
 2537  550.0651. Upon receipt of the request for such conversion, the
 2538  division shall timely issue a converted permit. The converted
 2539  permit and the not-for-profit corporation are shall be subject
 2540  to the following requirements:
 2541         (a) All net revenues derived by the not-for-profit
 2542  corporation under the thoroughbred horse racing permit, after
 2543  the funding of operating expenses and capital improvements,
 2544  shall be dedicated to the enhancement of thoroughbred purses and
 2545  breeders’, stallion, and special racing awards under this
 2546  chapter; the general promotion of the thoroughbred horse
 2547  breeding industry; and the care in this state of thoroughbred
 2548  horses retired from racing.
 2549         (b) From December 1 through April 30, no live thoroughbred
 2550  racing may not be conducted under the permit on any day during
 2551  which another thoroughbred racing permitholder is conducting
 2552  live thoroughbred racing within 125 air miles of the not-for
 2553  profit corporation’s pari-mutuel facility unless the other
 2554  thoroughbred racing permitholder gives its written consent.
 2555         (c) After the conversion of the quarter horse racing permit
 2556  and the issuance of its initial license to conduct pari-mutuel
 2557  wagering meets of thoroughbred racing, the not-for-profit
 2558  corporation shall annually apply to the division for a license
 2559  pursuant to s. 550.01215(7) s. 550.5251.
 2560         (d) Racing under the permit may take place only at the
 2561  location for which the original quarter horse racing permit was
 2562  issued, which may be leased, notwithstanding s. 550.475, by the
 2563  not-for-profit corporation for that purpose; however, the not
 2564  for-profit corporation may, without the conduct of any
 2565  ratification election pursuant to s. 550.054(13) or s. 550.0651,
 2566  move the location of the permit to another location in the same
 2567  county or counties, if a permit is situated in such a manner
 2568  that it is located in more than one county, provided that such
 2569  relocation is approved under the zoning and land use regulations
 2570  of the applicable county or municipality.
 2571         (e) A limited thoroughbred racing No permit may not be
 2572  transferred converted under this section is eligible for
 2573  transfer to another person or entity.
 2574         (3) Unless otherwise provided in this section, after
 2575  conversion, the permit and the not-for-profit corporation shall
 2576  be treated under the laws of this state as a thoroughbred racing
 2577  permit and as a thoroughbred racing permitholder, respectively,
 2578  with the exception of ss. 550.054(9)(c) and (d) and s.
 2579  550.09515(3).
 2580         (4)Notwithstanding any other law, the holder of a limited
 2581  thoroughbred racing permit under this section which is not
 2582  licensed to conduct a full schedule of live racing may, at any
 2583  time, apply for and be issued an operating license under this
 2584  chapter to receive broadcasts of horseraces and conduct
 2585  intertrack wagering on such races as a guest track.
 2586         Section 36. Subsection (6) of section 550.3551, Florida
 2587  Statutes, is amended to read:
 2588         550.3551 Transmission of racing and jai alai information;
 2589  commingling of pari-mutuel pools.—
 2590         (6)(a) A maximum of 20 percent of the total number of races
 2591  on which wagers are accepted by a greyhound permitholder not
 2592  located as specified in s. 550.615(6) may be received from
 2593  locations outside this state. A permitholder may not conduct
 2594  fewer than eight live races or games on any authorized race day
 2595  except as provided in this subsection. A thoroughbred racing
 2596  permitholder may not conduct fewer than eight live races on any
 2597  race day without the written approval of the Florida
 2598  Thoroughbred Breeders’ Association and the Florida Horsemen’s
 2599  Benevolent and Protective Association, Inc., unless it is
 2600  determined by the department that another entity represents a
 2601  majority of the thoroughbred racehorse owners and trainers in
 2602  the state. A harness horse racing permitholder may conduct fewer
 2603  than eight live races on any authorized race day, except that
 2604  such permitholder must conduct a full schedule of live racing
 2605  during its race meet consisting of at least eight live races per
 2606  authorized race day for at least 100 days. Any harness horse
 2607  permitholder that during the preceding racing season conducted a
 2608  full schedule of live racing may, at any time during its current
 2609  race meet, receive full-card broadcasts of harness horse races
 2610  conducted at harness racetracks outside this state at the
 2611  harness track of the permitholder and accept wagers on such
 2612  harness races. With specific authorization from the division for
 2613  special racing events, a permitholder may conduct fewer than
 2614  eight live races or games when the permitholder also broadcasts
 2615  out-of-state races or games. The division may not grant more
 2616  than two such exceptions a year for a permitholder in any 12
 2617  month period, and those two exceptions may not be consecutive.
 2618         (b) Notwithstanding any other provision of this chapter,
 2619  any harness horse racing permitholder accepting broadcasts of
 2620  out-of-state harness horse races when such permitholder is not
 2621  conducting live races must make the out-of-state signal
 2622  available to all permitholders eligible to conduct intertrack
 2623  wagering and shall pay to guest tracks located as specified in
 2624  ss. 550.615(6) and s. 550.6305(9)(d) 50 percent of the net
 2625  proceeds after taxes and fees to the out-of-state host track on
 2626  harness horse race wagers which they accept. A harness horse
 2627  racing permitholder shall be required to pay into its purse
 2628  account 50 percent of the net income retained by the
 2629  permitholder on account of wagering on the out-of-state
 2630  broadcasts received pursuant to this subsection. Nine-tenths of
 2631  a percent of all harness horse race wagering proceeds on the
 2632  broadcasts received pursuant to this subsection shall be paid to
 2633  the Florida Standardbred Breeders and Owners Association under
 2634  the provisions of s. 550.2625(4) for the purposes provided
 2635  therein.
 2636         Section 37. Section 550.475, Florida Statutes, is amended
 2637  to read:
 2638         550.475 Lease of pari-mutuel facilities by pari-mutuel
 2639  permitholders.—Holders of valid pari-mutuel permits for the
 2640  conduct of any jai alai games, dogracing, or thoroughbred and
 2641  standardbred horse racing in this state are entitled to lease
 2642  any and all of their facilities to any other holder of a same
 2643  class, valid pari-mutuel permit for jai alai games, dogracing,
 2644  or thoroughbred or standardbred horse racing, when they are
 2645  located within a 35-mile radius of each other,; and such lessee
 2646  is entitled to a permit and license to operate its race meet or
 2647  jai alai games at the leased premises. A permitholder may not
 2648  lease facilities from a pari-mutuel permitholder that is not
 2649  conducting a full schedule of live racing.
 2650         Section 38. Section 550.5251, Florida Statutes, is amended
 2651  to read:
 2652         550.5251 Florida thoroughbred racing; certain permits;
 2653  operating days.—
 2654         (1) Each thoroughbred permitholder shall annually, during
 2655  the period commencing December 15 of each year and ending
 2656  January 4 of the following year, file in writing with the
 2657  division its application to conduct one or more thoroughbred
 2658  racing meetings during the thoroughbred racing season commencing
 2659  on the following July 1. Each application shall specify the
 2660  number and dates of all performances that the permitholder
 2661  intends to conduct during that thoroughbred racing season. On or
 2662  before March 15 of each year, the division shall issue a license
 2663  authorizing each permitholder to conduct performances on the
 2664  dates specified in its application. Up to February 28 of each
 2665  year, each permitholder may request and shall be granted changes
 2666  in its authorized performances; but thereafter, as a condition
 2667  precedent to the validity of its license and its right to retain
 2668  its permit, each permitholder must operate the full number of
 2669  days authorized on each of the dates set forth in its license.
 2670         (2)A thoroughbred racing permitholder may not begin any
 2671  race later than 7 p.m. Any thoroughbred permitholder in a county
 2672  in which the authority for cardrooms has been approved by the
 2673  board of county commissioners may operate a cardroom and, when
 2674  conducting live races during its current race meet, may receive
 2675  and rebroadcast out-of-state races after the hour of 7 p.m. on
 2676  any day during which the permitholder conducts live races.
 2677         (1)(3)(a) Each licensed thoroughbred permitholder in this
 2678  state must run an average of one race per racing day in which
 2679  horses bred in this state and duly registered with the Florida
 2680  Thoroughbred Breeders’ Association have preference as entries
 2681  over non-Florida-bred horses, unless otherwise agreed to in
 2682  writing by the permitholder, the Florida Thoroughbred Breeders’
 2683  Association, and the association representing a majority of the
 2684  thoroughbred racehorse owners and trainers at that location. All
 2685  licensed thoroughbred racetracks shall write the conditions for
 2686  such races in which Florida-bred horses are preferred so as to
 2687  assure that all Florida-bred horses available for racing at such
 2688  tracks are given full opportunity to run in the class of races
 2689  for which they are qualified. The opportunity of running must be
 2690  afforded to each class of horses in the proportion that the
 2691  number of horses in this class bears to the total number of
 2692  Florida-bred horses available. A track is not required to write
 2693  conditions for a race to accommodate a class of horses for which
 2694  a race would otherwise not be run at the track during its meet.
 2695         (2)(b) Each licensed thoroughbred permitholder in this
 2696  state may run one additional race per racing day composed
 2697  exclusively of Arabian horses registered with the Arabian Horse
 2698  Registry of America. Any licensed thoroughbred permitholder that
 2699  elects to run one additional race per racing day composed
 2700  exclusively of Arabian horses registered with the Arabian Horse
 2701  Registry of America is not required to provide stables for the
 2702  Arabian horses racing under this subsection paragraph.
 2703         (3)(c) Each licensed thoroughbred permitholder in this
 2704  state may run up to three additional races per racing day
 2705  composed exclusively of quarter horses registered with the
 2706  American Quarter Horse Association.
 2707         Section 39. Subsections (2), (4), (6), and (7) of section
 2708  550.615, Florida Statutes, are amended, present subsections (8),
 2709  (9), and (10) of that section are redesignated as subsections
 2710  (6), (7), and (8), respectively, present subsection (9) of that
 2711  section is amended, and a new subsection (9) is added to that
 2712  section, to read:
 2713         550.615 Intertrack wagering.—
 2714         (2) A Any track or fronton licensed under this chapter
 2715  which has conducted a full schedule of live racing or games for
 2716  at least 5 consecutive calendar years since 2010 in the
 2717  preceding year conducted a full schedule of live racing is
 2718  qualified to, at any time, receive broadcasts of any class of
 2719  pari-mutuel race or game and accept wagers on such races or
 2720  games conducted by any class of permitholders licensed under
 2721  this chapter.
 2722         (4) An In no event shall any intertrack wager may not be
 2723  accepted on the same class of live races or games of any
 2724  permitholder without the written consent of such operating
 2725  permitholders conducting the same class of live races or games
 2726  if the guest track is within the market area of such operating
 2727  permitholder. A greyhound racing permitholder licensed under
 2728  this chapter which accepts intertrack wagers on live greyhound
 2729  signals is not required to obtain the written consent required
 2730  by this subsection from any operating greyhound racing
 2731  permitholder within its market area.
 2732         (6) Notwithstanding the provisions of subsection (3), in
 2733  any area of the state where there are three or more horserace
 2734  permitholders within 25 miles of each other, intertrack wagering
 2735  between permitholders in said area of the state shall only be
 2736  authorized under the following conditions: Any permitholder,
 2737  other than a thoroughbred permitholder, may accept intertrack
 2738  wagers on races or games conducted live by a permitholder of the
 2739  same class or any harness permitholder located within such area
 2740  and any harness permitholder may accept wagers on games
 2741  conducted live by any jai alai permitholder located within its
 2742  market area and from a jai alai permitholder located within the
 2743  area specified in this subsection when no jai alai permitholder
 2744  located within its market area is conducting live jai alai
 2745  performances; any greyhound or jai alai permitholder may receive
 2746  broadcasts of and accept wagers on any permitholder of the other
 2747  class provided that a permitholder, other than the host track,
 2748  of such other class is not operating a contemporaneous live
 2749  performance within the market area.
 2750         (7) In any county of the state where there are only two
 2751  permits, one for dogracing and one for jai alai, no intertrack
 2752  wager may be taken during the period of time when a permitholder
 2753  is not licensed to conduct live races or games without the
 2754  written consent of the other permitholder that is conducting
 2755  live races or games. However, if neither permitholder is
 2756  conducting live races or games, either permitholder may accept
 2757  intertrack wagers on horseraces or on the same class of races or
 2758  games, or on both horseraces and the same class of races or
 2759  games as is authorized by its permit.
 2760         (7)(9) In any two contiguous counties of the state in which
 2761  there are located only four active permits, one for thoroughbred
 2762  horse racing, two for greyhound racing dogracing, and one for
 2763  jai alai games, an no intertrack wager may not be accepted on
 2764  the same class of live races or games of any permitholder
 2765  without the written consent of such operating permitholders
 2766  conducting the same class of live races or games if the guest
 2767  track is within the market area of such operating permitholder.
 2768         (9) A greyhound racing permitholder that is eligible to
 2769  receive broadcasts pursuant to subsection (2) and is operating
 2770  pursuant to a current year operating license that specifies that
 2771  no live performances will be conducted may accept wagers on live
 2772  races conducted at out-of-state greyhound tracks only on the
 2773  days when the permitholder receives all live races that any
 2774  greyhound host track in this state makes available.
 2775         Section 40. Subsections (1), (4), and (5) of section
 2776  550.6308, Florida Statutes, are amended to read:
 2777         550.6308 Limited intertrack wagering license.—In
 2778  recognition of the economic importance of the thoroughbred
 2779  breeding industry to this state, its positive impact on tourism,
 2780  and of the importance of a permanent thoroughbred sales facility
 2781  as a key focal point for the activities of the industry, a
 2782  limited license to conduct intertrack wagering is established to
 2783  ensure the continued viability and public interest in
 2784  thoroughbred breeding in Florida.
 2785         (1) Upon application to the division on or before January
 2786  31 of each year, any person that is licensed to conduct public
 2787  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 2788  conducted at least 8 15 days of thoroughbred horse sales at a
 2789  permanent sales facility in this state for at least 3
 2790  consecutive years, and that has conducted at least 1 day of
 2791  nonwagering thoroughbred racing in this state, with a purse
 2792  structure of at least $250,000 per year for 2 consecutive years
 2793  before such application, shall be issued a license, subject to
 2794  the conditions set forth in this section, to conduct intertrack
 2795  wagering at such a permanent sales facility during the following
 2796  periods:
 2797         (a) Up to 21 days in connection with thoroughbred sales;
 2798         (b) Between November 1 and May 8;
 2799         (c) Between May 9 and October 31 at such times and on such
 2800  days as any thoroughbred, jai alai, or a greyhound permitholder
 2801  in the same county is not conducting live performances; provided
 2802  that any such permitholder may waive this requirement, in whole
 2803  or in part, and allow the licensee under this section to conduct
 2804  intertrack wagering during one or more of the permitholder’s
 2805  live performances; and
 2806         (d) During the weekend of the Kentucky Derby, the
 2807  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 2808  conducted before November 1 and after May 8.
 2809  
 2810  Only No more than one such license may be issued, and no such
 2811  license may be issued for a facility located within 50 miles of
 2812  any for-profit thoroughbred permitholder’s track.
 2813         (4) Intertrack wagering under this section may be conducted
 2814  only on thoroughbred horse racing, except that intertrack
 2815  wagering may be conducted on any class of pari-mutuel race or
 2816  game conducted by any class of permitholders licensed under this
 2817  chapter if all thoroughbred, jai alai, and greyhound
 2818  permitholders in the same county as the licensee under this
 2819  section give their consent.
 2820         (4)(5) The licensee shall be considered a guest track under
 2821  this chapter. The licensee shall pay 2.5 percent of the total
 2822  contributions to the daily pari-mutuel pool on wagers accepted
 2823  at the licensee’s facility on greyhound races or jai alai games
 2824  to the thoroughbred permitholder that is conducting live races
 2825  for purses to be paid during its current racing meet. If more
 2826  than one thoroughbred permitholder is conducting live races on a
 2827  day during which the licensee is conducting intertrack wagering
 2828  on greyhound races or jai alai games, the licensee shall
 2829  allocate these funds between the operating thoroughbred
 2830  permitholders on a pro rata basis based on the total live handle
 2831  at the operating permitholders’ facilities.
 2832         Section 41. Section 551.101, Florida Statutes, is amended
 2833  to read:
 2834         551.101 Slot machine gaming authorized.—A Any licensed
 2835  eligible pari-mutuel facility located in Miami-Dade County or
 2836  Broward County existing at the time of adoption of s. 23, Art. X
 2837  of the State Constitution that has conducted live racing or
 2838  games during calendar years 2002 and 2003 may possess slot
 2839  machines and conduct slot machine gaming at the location where
 2840  the pari-mutuel permitholder is authorized to conduct pari
 2841  mutuel wagering activities pursuant to such permitholder’s valid
 2842  pari-mutuel permit or at the location where a licensee is
 2843  authorized to conduct slot machine gaming pursuant to s.
 2844  551.1043 provided that a majority of voters in a countywide
 2845  referendum have approved slot machines at such facility in the
 2846  respective county. Notwithstanding any other provision of law,
 2847  it is not a crime for a person to participate in slot machine
 2848  gaming at a pari-mutuel facility licensed to possess slot
 2849  machines and conduct slot machine gaming or to participate in
 2850  slot machine gaming described in this chapter.
 2851         Section 42. Subsections (4), (10), and (11) of section
 2852  551.102, Florida Statutes, are amended to read:
 2853         551.102 Definitions.—As used in this chapter, the term:
 2854         (4) “Eligible facility” means any licensed pari-mutuel
 2855  facility or any facility authorized to conduct slot machine
 2856  gaming pursuant to s. 551.1043, which meets the requirements of
 2857  s. 551.104(2) located in Miami-Dade County or Broward County
 2858  existing at the time of adoption of s. 23, Art. X of the State
 2859  Constitution that has conducted live racing or games during
 2860  calendar years 2002 and 2003 and has been approved by a majority
 2861  of voters in a countywide referendum to have slot machines at
 2862  such facility in the respective county; any licensed pari-mutuel
 2863  facility located within a county as defined in s. 125.011,
 2864  provided such facility has conducted live racing for 2
 2865  consecutive calendar years immediately preceding its application
 2866  for a slot machine license, pays the required license fee, and
 2867  meets the other requirements of this chapter; or any licensed
 2868  pari-mutuel facility in any other county in which a majority of
 2869  voters have approved slot machines at such facilities in a
 2870  countywide referendum held pursuant to a statutory or
 2871  constitutional authorization after the effective date of this
 2872  section in the respective county, provided such facility has
 2873  conducted a full schedule of live racing for 2 consecutive
 2874  calendar years immediately preceding its application for a slot
 2875  machine license, pays the required licensed fee, and meets the
 2876  other requirements of this chapter.
 2877         (10) “Slot machine license” means a license issued by the
 2878  division authorizing a pari-mutuel permitholder or a licensee
 2879  authorized pursuant to s. 551.1043 to place and operate slot
 2880  machines as provided in by s. 23, Art. X of the State
 2881  Constitution, the provisions of this chapter, and by division
 2882  rule rules.
 2883         (11) “Slot machine licensee” means a pari-mutuel
 2884  permitholder or a licensee authorized pursuant to s. 551.1043
 2885  which who holds a license issued by the division pursuant to
 2886  this chapter which that authorizes such person to possess a slot
 2887  machine within facilities specified in s. 23, Art. X of the
 2888  State Constitution and allows slot machine gaming.
 2889         Section 43. Subsections (1) and (2), paragraph (c) of
 2890  subsection (4), and paragraphs (a) and (c) of subsection (10) of
 2891  section 551.104, Florida Statutes, are amended to read:
 2892         551.104 License to conduct slot machine gaming.—
 2893         (1) Upon application, and a finding by the division, after
 2894  investigation, that the application is complete and that the
 2895  applicant is qualified, and payment of the initial license fee,
 2896  the division may issue a license to conduct slot machine gaming
 2897  in the designated slot machine gaming area of the eligible
 2898  facility. Once licensed, slot machine gaming may be conducted
 2899  subject to the requirements of this chapter and rules adopted
 2900  pursuant thereto. The division may not issue a slot machine
 2901  license to any pari-mutuel permitholder that includes, or
 2902  previously included within its ownership group, an ultimate
 2903  equitable owner that was also an ultimate equitable owner of a
 2904  pari-mutuel permitholder whose permit was voluntarily or
 2905  involuntarily surrendered, suspended, or revoked by the division
 2906  within 10 years before the date of permitholder’s filing of an
 2907  application for a slot machine license.
 2908         (2) An application may be approved by the division only if:
 2909         (a) The facility at which the applicant seeks to operate
 2910  slot machines is:
 2911         1. A licensed pari-mutuel facility located in Miami-Dade
 2912  County or Broward County existing at the time of adoption of s.
 2913  23, Art. X of the State Constitution which conducted live racing
 2914  or games during calendar years 2002 and 2003, if such
 2915  permitholder pays the required license fee and meets the other
 2916  requirements of this chapter, including a facility that
 2917  relocates pursuant to s. 550.0555;
 2918         2.A licensed pari-mutuel facility in any county in which a
 2919  majority of voters have approved slot machines in a countywide
 2920  referendum, if such permitholder has conducted a full schedule
 2921  of live racing or games as defined in s. 550.002(11) for 2
 2922  consecutive calendar years immediately preceding its initial
 2923  application for a slot machine license, pays the required
 2924  license fee, and meets the other requirements of this chapter;
 2925         3.A facility at which a licensee is authorized to conduct
 2926  slot machine gaming pursuant to s. 551.1043, if such licensee
 2927  pays the required license fee and meets the other requirements
 2928  of this chapter; or
 2929         4.A licensed pari-mutuel facility, except for a pari
 2930  mutuel facility described in subparagraph 1., located on or
 2931  contiguous with property of the qualified project of a public
 2932  private partnership consummated between the permitholder and a
 2933  responsible public entity in accordance with s. 255.065 in a
 2934  county in which the referendum required pursuant to paragraph
 2935  (b) is conducted on or after January 1, 2018, and concurrently
 2936  with a general election, if such permitholder has conducted a
 2937  full schedule of live racing or games as defined in s.
 2938  550.002(11) for 2 consecutive calendar years immediately
 2939  preceding its initial application for a slot machine license;
 2940  provided that a license may be issued under this subparagraph
 2941  only after a comprehensive agreement has been executed pursuant
 2942  to s. 255.065(7).
 2943         (b)after The voters of the county where the applicant’s
 2944  facility is located have authorized by referendum slot machines
 2945  within pari-mutuel facilities in that county as specified in s.
 2946  23, Art. X of the State Constitution.
 2947         (4) As a condition of licensure and to maintain continued
 2948  authority for the conduct of slot machine gaming, a the slot
 2949  machine licensee shall:
 2950         (c)1. Conduct no less fewer than a full schedule of live
 2951  racing or games as defined in s. 550.002(11), unless conducting
 2952  less than a full schedule of live racing or games pursuant to s.
 2953  550.01215(1)(b)–(e). A permitholder’s responsibility to conduct
 2954  a full schedule such number of live races or games as defined in
 2955  s. 550.002(11) shall be reduced by the number of races or games
 2956  that could not be conducted due to the direct result of fire,
 2957  war, hurricane, or other disaster or event beyond the control of
 2958  the permitholder. A permitholder may conduct live races or games
 2959  at another pari-mutuel facility pursuant to s. 550.475 if such
 2960  permitholder has operated its live races or games by lease for
 2961  at least 5 consecutive years immediately prior to the
 2962  permitholder’s application for a slot machine license.
 2963         2. If not licensed to conduct a full schedule of live
 2964  racing or games, as defined in s. 550.002(11), pursuant to s.
 2965  550.01215(1)(b)–(e), remit for the payment of purses and awards
 2966  on live races an amount equal to the lesser of $2 million or 3
 2967  percent of its slot machine revenues from the previous state
 2968  fiscal year to a slot machine licensee licensed to conduct not
 2969  fewer than 160 days of thoroughbred racing. A slot machine
 2970  licensee receiving funds under this subparagraph shall remit,
 2971  within 10 days of receipt, 10 percent of those funds to the
 2972  Florida Thoroughbred Breeders’ Association, Inc., for the
 2973  payment of breeders’, stallion, and special racing awards,
 2974  subject to the fee authorized in s. 550.2625(3). If no slot
 2975  machine licensee is licensed for at least 160 days of live
 2976  thoroughbred racing, no payments for purses are required. A slot
 2977  machine licensee that conducts no live racing and is making
 2978  purse and awards supplement payments due under agreements
 2979  entered pursuant to paragraph (10)(a) prior to the effective
 2980  date of this act may offset the total amount paid under such
 2981  agreements for purses and awards on or after July 1, 2017,
 2982  against any amount due under this subparagraph until the amount
 2983  paid and the amount due equal zero. This subparagraph expires
 2984  July 1, 2036.
 2985         (10)(a)1.A No slot machine license or renewal thereof may
 2986  not shall be issued to an applicant holding a permit under
 2987  chapter 550 to conduct pari-mutuel wagering meets of
 2988  thoroughbred racing unless the applicant has on file with the
 2989  division a binding written agreement between the applicant and
 2990  the Florida Horsemen’s Benevolent and Protective Association,
 2991  Inc., governing the payment of purses on live thoroughbred races
 2992  conducted at the licensee’s pari-mutuel facility. In addition, a
 2993  no slot machine license or renewal thereof may not shall be
 2994  issued to such an applicant unless the applicant has on file
 2995  with the division a binding written agreement between the
 2996  applicant and the Florida Thoroughbred Breeders’ Association,
 2997  Inc., governing the payment of breeders’, stallion, and special
 2998  racing awards on live thoroughbred races conducted at the
 2999  licensee’s pari-mutuel facility. The agreement governing purses
 3000  and the agreement governing awards may direct the payment of
 3001  such purses and awards from revenues generated by any wagering
 3002  or gaming the applicant is authorized to conduct under Florida
 3003  law. All purses and awards are shall be subject to the terms of
 3004  chapter 550. All sums for breeders’, stallion, and special
 3005  racing awards shall be remitted monthly to the Florida
 3006  Thoroughbred Breeders’ Association, Inc., for the payment of
 3007  awards subject to the administrative fee authorized in s.
 3008  550.2625(3). This paragraph does not apply to a summer
 3009  thoroughbred racing permitholder.
 3010         2. No slot machine license or renewal thereof shall be
 3011  issued to an applicant holding a permit under chapter 550 to
 3012  conduct pari-mutuel wagering meets of quarter horse racing
 3013  unless the applicant has on file with the division a binding
 3014  written agreement between the applicant and the Florida Quarter
 3015  Horse Racing Association or the association representing a
 3016  majority of the horse owners and trainers at the applicant’s
 3017  eligible facility, governing the payment of purses on live
 3018  quarter horse races conducted at the licensee’s pari-mutuel
 3019  facility. The agreement governing purses may direct the payment
 3020  of such purses from revenues generated by any wagering or gaming
 3021  the applicant is authorized to conduct under Florida law. All
 3022  purses shall be subject to the terms of chapter 550.
 3023         (c)1. If an agreement required under paragraph (a) cannot
 3024  be reached prior to the initial issuance of the slot machine
 3025  license, either party may request arbitration or, in the case of
 3026  a renewal, if an agreement required under paragraph (a) is not
 3027  in place 120 days prior to the scheduled expiration date of the
 3028  slot machine license, the applicant shall immediately ask the
 3029  American Arbitration Association to furnish a list of 11
 3030  arbitrators, each of whom shall have at least 5 years of
 3031  commercial arbitration experience and no financial interest in
 3032  or prior relationship with any of the parties or their
 3033  affiliated or related entities or principals. Each required
 3034  party to the agreement shall select a single arbitrator from the
 3035  list provided by the American Arbitration Association within 10
 3036  days of receipt, and the individuals so selected shall choose
 3037  one additional arbitrator from the list within the next 10 days.
 3038         2. If an agreement required under paragraph (a) is not in
 3039  place 60 days after the request under subparagraph 1. in the
 3040  case of an initial slot machine license or, in the case of a
 3041  renewal, 60 days prior to the scheduled expiration date of the
 3042  slot machine license, the matter shall be immediately submitted
 3043  to mandatory binding arbitration to resolve the disagreement
 3044  between the parties. The three arbitrators selected pursuant to
 3045  subparagraph 1. shall constitute the panel that shall arbitrate
 3046  the dispute between the parties pursuant to the American
 3047  Arbitration Association Commercial Arbitration Rules and chapter
 3048  682.
 3049         3. At the conclusion of the proceedings, which shall be no
 3050  later than 90 days after the request under subparagraph 1. in
 3051  the case of an initial slot machine license or, in the case of a
 3052  renewal, 30 days prior to the scheduled expiration date of the
 3053  slot machine license, the arbitration panel shall present to the
 3054  parties a proposed agreement that the majority of the panel
 3055  believes equitably balances the rights, interests, obligations,
 3056  and reasonable expectations of the parties. The parties shall
 3057  immediately enter into such agreement, which shall satisfy the
 3058  requirements of paragraph (a) and permit issuance of the pending
 3059  annual slot machine license or renewal. The agreement produced
 3060  by the arbitration panel under this subparagraph shall be
 3061  effective until the last day of the license or renewal period or
 3062  until the parties enter into a different agreement. Each party
 3063  shall pay its respective costs of arbitration and shall pay one
 3064  half of the costs of the arbitration panel, unless the parties
 3065  otherwise agree. If the agreement produced by the arbitration
 3066  panel under this subparagraph remains in place 120 days prior to
 3067  the scheduled issuance of the next annual license renewal, then
 3068  the arbitration process established in this paragraph will begin
 3069  again.
 3070         4. In the event that neither of the agreements required
 3071  under paragraph (a) subparagraph (a)1. or the agreement required
 3072  under subparagraph (a)2. are not in place by the deadlines
 3073  established in this paragraph, arbitration regarding each
 3074  agreement will proceed independently, with separate lists of
 3075  arbitrators, arbitration panels, arbitration proceedings, and
 3076  resulting agreements.
 3077         5. With respect to the agreements required under paragraph
 3078  (a) governing the payment of purses, the arbitration and
 3079  resulting agreement called for under this paragraph shall be
 3080  limited to the payment of purses from slot machine revenues
 3081  only.
 3082         Section 44. Section 551.1042, Florida Statutes, is created
 3083  to read:
 3084         551.1042Transfer or relocation of slot machine license
 3085  prohibited.—A slot machine license issued under this chapter may
 3086  not be transferred or reissued when such reissuance is in the
 3087  nature of a transfer so as to permit or authorize a licensee to
 3088  change the location of a slot machine facility, except through
 3089  the relocation of the pari-mutuel permit pursuant to s.
 3090  550.0555.
 3091         Section 45. Section 551.1043, Florida Statutes, is created
 3092  to read:
 3093         551.1043 Slot machine license to enhance live pari-mutuel
 3094  activity.—In recognition of the important and long-standing
 3095  economic contribution of the pari-mutuel industry to this state
 3096  and the state’s vested interest in the revenue generated from
 3097  that industry and in the interest of promoting the continued
 3098  viability of the important statewide agricultural activities
 3099  that the industry supports, the Legislature finds that it is in
 3100  the state’s interest to provide a limited opportunity for the
 3101  establishment of two additional slot machine licenses to be
 3102  awarded and renewed annually and located within Broward County
 3103  or a county as defined in s. 125.011.
 3104         (1)(a) Within 120 days after the effective date of this
 3105  act, any person who is not a slot machine licensee may apply to
 3106  the division pursuant to s. 551.104(1) for one of the two slot
 3107  machine licenses created by this section to be located in
 3108  Broward County or a county as defined in s. 125.011. No more
 3109  than one of such licenses may be awarded in each of those
 3110  counties. An applicant shall submit an application to the
 3111  division which satisfies the requirements of s. 550.054(3). Any
 3112  person prohibited from holding any horseracing or dogracing
 3113  permit or jai alai fronton permit pursuant to s. 550.1815 is
 3114  ineligible to apply for the additional slot machine license
 3115  created by this section.
 3116         (b) The application shall be accompanied by a nonrefundable
 3117  license application fee of $2 million. The license application
 3118  fee shall be deposited into the Pari-mutuel Wagering Trust Fund
 3119  of the Department of Business and Professional Regulation to be
 3120  used by the division and the Department of Law Enforcement for
 3121  investigations, the regulation of slot machine gaming, and the
 3122  enforcement of slot machine gaming under this chapter. In the
 3123  event of a successful award, the license application fee shall
 3124  be credited toward the license application fee required by s.
 3125  551.106.
 3126         (2) If there is more than one applicant for an additional
 3127  slot machine license, the division shall award such license to
 3128  the applicant that receives the highest score based on the
 3129  following criteria:
 3130         (a) The amount of slot machine revenues the applicant will
 3131  agree to dedicate to the enhancement of pari-mutuel purses and
 3132  breeders’, stallion, and special racing or player awards to be
 3133  awarded to pari-mutuel activities conducted pursuant to chapter
 3134  550, in addition to those required pursuant to ss.
 3135  551.104(4)(c)2. and 849.086(14)(d)2.;
 3136         (b) The amount of slot machine revenues the applicant will
 3137  agree to dedicate to the general promotion of the state’s pari
 3138  mutuel industry;
 3139         (c) The amount of slot machine revenues the applicant will
 3140  agree to dedicate to care provided in this state to injured or
 3141  retired animals, jockeys, or jai alai players;
 3142         (d) The projected amount by which the proposed slot machine
 3143  facility will increase tourism, generate jobs, provide revenue
 3144  to the local economy, and provide revenue to the state. The
 3145  applicant and its partners shall document their previous
 3146  experience in constructing premier facilities with high-quality
 3147  amenities which complement a local tourism industry;
 3148         (e) The financial history of the applicant and its
 3149  partners, including, but not limited to, any capital investments
 3150  in slot machine gaming and pari-mutuel facilities, and its bona
 3151  fide plan for future community involvement and financial
 3152  investment;
 3153         (f) The history of investment by the applicant and its
 3154  partners in the communities in which its previous developments
 3155  have been located;
 3156         (g) The ability to purchase and maintain a surety bond in
 3157  an amount established by the division to represent the projected
 3158  annual state revenues expected to be generated by the proposed
 3159  slot machine facility;
 3160         (h) The ability to demonstrate the financial wherewithal to
 3161  adequately capitalize, develop, construct, maintain, and operate
 3162  a proposed slot machine facility. The applicant must demonstrate
 3163  the ability to commit at least $100 million for hard costs
 3164  related to construction and development of the facility,
 3165  exclusive of the purchase price and costs associated with the
 3166  acquisition of real property and any impact fees. The applicant
 3167  must also demonstrate the ability to meet any projected secured
 3168  and unsecured debt obligations and to complete construction
 3169  within 2 years after receiving the award of the slot machine
 3170  license;
 3171         (i) The ability to implement a program to train and employ
 3172  residents of South Florida to work at the facility and contract
 3173  with local business owners for goods and services; and
 3174         (j) The ability of the applicant to generate, with its
 3175  partners, substantial gross gaming revenue following the award
 3176  of gaming licenses through a competitive process.
 3177  
 3178  The division shall award additional points in the evaluation of
 3179  the applications for proposed projects located within a half
 3180  mile of two forms of public transportation in a designated
 3181  community redevelopment area or district.
 3182         (3)(a) Notwithstanding the timeframes established in s.
 3183  120.60, the division shall complete its evaluations at least 120
 3184  days after the submission of applications and shall notice its
 3185  intent to award each of the licenses within that timeframe.
 3186  Within 30 days after the submission of an application, the
 3187  division shall issue, if necessary, requests for additional
 3188  information or notices of deficiency to the applicant, who must
 3189  respond within 15 days. Failure to timely and sufficiently
 3190  respond to such requests or to correct identified deficiencies
 3191  is grounds for denial of the application.
 3192         (b) Any protest of an intent to award a license shall be
 3193  forwarded to the Division of Administrative Hearings, which
 3194  shall conduct an administrative hearing on the matter before an
 3195  administrative law judge at least 30 days after the notice of
 3196  intent to award. The administrative law judge shall issue a
 3197  proposed recommended order at least 30 days after the completion
 3198  of the final hearing. The division shall issue a final order at
 3199  least 15 days after receipt of the proposed recommended order.
 3200         (c) Any appeal of a license denial shall be made to the
 3201  First District Court of Appeal and must be accompanied by the
 3202  posting of a supersedeas bond in favor of the state in an amount
 3203  determined by the division to be equal to the amount of
 3204  projected annual slot machine revenue expected to be generated
 3205  for the state by the successful licensee which shall be payable
 3206  to the state if the state prevails in the appeal.
 3207         (4) The division is authorized to adopt emergency rules
 3208  pursuant to s. 120.54 to implement this section. The Legislature
 3209  finds that such emergency rulemaking power is necessary for the
 3210  preservation of the rights and welfare of the people in order to
 3211  provide additional funds to benefit the public. The Legislature
 3212  further finds that the unique nature of the competitive award of
 3213  the slot machine licenses under this section requires that the
 3214  department respond as quickly as is practicable to implement
 3215  this section. Therefore, in adopting such emergency rules, the
 3216  division is exempt from s. 120.54(4)(a). Emergency rules adopted
 3217  under this section are exempt from s. 120.54(4)(c) and shall
 3218  remain in effect until replaced by other emergency rules or by
 3219  rules adopted pursuant to chapter 120.
 3220         (5)A licensee authorized pursuant to this section to
 3221  conduct slot machine gaming is:
 3222         (a)Authorized to operate a cardroom pursuant to s.
 3223  849.086, notwithstanding that the licensee does not have a pari
 3224  mutuel permit and does not have an operating license, pursuant
 3225  to chapter 550;
 3226         (b)Authorized to operate up to 25 house banked blackjack
 3227  table games at its facility pursuant to s. 551.1044(2) and is
 3228  subject to s. 551.1044(3), notwithstanding that the licensee
 3229  does not have a pari-mutuel permit and does not have an
 3230  operating license, pursuant to chapter 550;
 3231         (c)Exempt from compliance with chapter 550; and
 3232         (d)Exempt from s. 551.104(3), (4)(b) and (c)1., (5), and
 3233  (10) and from s. 551.114(4).
 3234         Section 46. Section 551.1044, Florida Statutes, is created
 3235  to read:
 3236         551.1044 House banked blackjack table games authorized.—
 3237         (1) The pari-mutuel permitholder of each of the following
 3238  pari-mutuel wagering facilities may operate up to 25 house
 3239  banked blackjack table games at the permitholder’s facility:
 3240         (a) A licensed pari-mutuel facility where live racing or
 3241  games were conducted during calendar years 2002 and 2003,
 3242  located in Miami-Dade County or Broward County, and authorized
 3243  for slot machine licensure pursuant to s. 23, Art. X of the
 3244  State Constitution; and
 3245         (b) A licensed pari-mutuel facility where a full schedule
 3246  of live horseracing has been conducted for 2 consecutive
 3247  calendar years immediately preceding its initial application for
 3248  a slot machine license which is located within a county as
 3249  defined in s. 125.011.
 3250         (2) Wagers on authorized house banked blackjack table games
 3251  may not exceed $100 for each initial two-card wager. Subsequent
 3252  wagers on splits or double downs are allowed but may not exceed
 3253  the initial two-card wager. Single side bets of not more than $5
 3254  are also allowed.
 3255         (3)Each pari-mutuel permitholder offering house banked
 3256  blackjack pursuant to this section shall pay a tax to the state
 3257  of 25 percent of the blackjack operator’s monthly gross
 3258  receipts. All provisions of s. 849.086(14), except s.
 3259  849.086(14)(a) or (b), apply to taxes owed pursuant to this
 3260  section.
 3261         Section 47. Subsections (1) and (2) and present subsection
 3262  (4) of section 551.106, Florida Statutes, are amended,
 3263  subsections (3) and (5) of that section are redesignated as new
 3264  subsection (4) and subsection (6), respectively, and a new
 3265  subsection (3) is added to that section, to read:
 3266         551.106 License fee; tax rate; penalties.—
 3267         (1) LICENSE FEE.—
 3268         (a) Upon submission of the initial application for a slot
 3269  machine license, and annually thereafter, on the anniversary
 3270  date of the issuance of the initial license, the licensee must
 3271  pay to the division a nonrefundable license fee of $3 million
 3272  for the succeeding 12 months of licensure. In the 2010-2011
 3273  fiscal year, the licensee must pay the division a nonrefundable
 3274  license fee of $2.5 million for the succeeding 12 months of
 3275  licensure. In the 2011-2012 fiscal year and for every fiscal
 3276  year thereafter, the licensee must pay the division a
 3277  nonrefundable license fee of $2 million for the succeeding 12
 3278  months of licensure. The license fee shall be deposited into the
 3279  Pari-mutuel Wagering Trust Fund of the Department of Business
 3280  and Professional Regulation to be used by the division and the
 3281  Department of Law Enforcement for investigations, regulation of
 3282  slot machine gaming, and enforcement of slot machine gaming
 3283  provisions under this chapter. These payments shall be accounted
 3284  for separately from taxes or fees paid pursuant to the
 3285  provisions of chapter 550.
 3286         (b) Prior to January 1, 2007, the division shall evaluate
 3287  the license fee and shall make recommendations to the President
 3288  of the Senate and the Speaker of the House of Representatives
 3289  regarding the optimum level of slot machine license fees in
 3290  order to adequately support the slot machine regulatory program.
 3291         (2) TAX ON SLOT MACHINE REVENUES.—
 3292         (a)1. The tax rate on slot machine revenues at each
 3293  facility is shall be 35 percent. Effective January 1, 2018, the
 3294  tax rate on slot machine revenues at each facility is 30
 3295  percent. Effective July 1, 2019, the tax rate on slot machine
 3296  revenues at each facility is 25 percent.
 3297         2.a. If, during any state fiscal year, the aggregate amount
 3298  of tax paid to the state by all slot machine licensees in
 3299  Broward and Miami-Dade Counties which were licensed before
 3300  January 1, 2017, is less than the aggregate amount of tax paid
 3301  to the state by all slot machine licensees in those counties
 3302  that were licensed before January 1, 2017, in the 2017-2018
 3303  2008-2009 fiscal year, each slot machine licensee that was
 3304  licensed before January 1, 2017, shall pay to the state within
 3305  45 days after the end of the state fiscal year a surcharge equal
 3306  to its pro rata share of an amount equal to the difference
 3307  between the aggregate amount of tax paid to the state by all
 3308  slot machine licensees in the 2008-2009 fiscal year and the
 3309  amount of tax paid during the fiscal year.
 3310         b. The amount of the surcharge to be paid by each such
 3311  licensee shall be calculated by dividing the aggregate amount of
 3312  slot machine taxes paid to the state by all such slot machine
 3313  licensees in the 2017-2018 fiscal year by the aggregate amount
 3314  of slot machine taxes paid by all such licensees during the
 3315  applicable state fiscal year, multiplying the result by the
 3316  amount of slot machine taxes paid by the licensee during the
 3317  applicable state fiscal year, and then subtracting from that
 3318  product the amount of slot machine taxes paid by the licensee
 3319  during the applicable state fiscal year. However, the sum of the
 3320  taxes paid by a licensee pursuant to subparagraph 1. and any
 3321  surcharge due from the licensee may not exceed 35 percent of the
 3322  slot machine revenue of that licensee in the applicable state
 3323  fiscal year. Each licensee’s pro rata share shall be an amount
 3324  determined by dividing the number 1 by the number of facilities
 3325  licensed to operate slot machines during the applicable fiscal
 3326  year, regardless of whether the facility is operating such
 3327  machines.
 3328         (b) The slot machine revenue tax imposed by this section on
 3329  facilities licensed pursuant to s. 551.104(2)(a)1.-3. shall be
 3330  paid to the division for deposit into the Pari-mutuel Wagering
 3331  Trust Fund for immediate transfer by the Chief Financial Officer
 3332  for deposit into the Educational Enhancement Trust Fund of the
 3333  Department of Education. Any interest earnings on the tax
 3334  revenues shall also be transferred to the Educational
 3335  Enhancement Trust Fund. The slot machine revenue tax imposed by
 3336  this section on facilities licensed pursuant to s.
 3337  551.104(2)(a)4. shall be paid to the division for deposit into
 3338  the Pari-mutuel Wagering Trust Fund. The division shall transfer
 3339  90 percent of such funds to be deposited by the Chief Financial
 3340  Officer into the Educational Enhancement Trust Fund of the
 3341  Department of Education and shall transfer 10 percent of such
 3342  funds to the responsible public entity for the public-private
 3343  partnership of the slot machine licensee pursuant to ss.
 3344  551.104(2)(a)4. and 255.065.
 3345         (c)1. Funds transferred to the Educational Enhancement
 3346  Trust Fund under paragraph (b) shall be used to supplement
 3347  public education funding statewide. Funds transferred to a
 3348  responsible public entity pursuant to paragraph (b) shall be
 3349  used in accordance with s. 255.065 to finance the qualifying
 3350  project of such entity and the slot machine licensee which
 3351  established the licensee’s eligibility for initial licensure
 3352  pursuant to s. 551.104(2)(a)4.
 3353         2. If necessary to comply with any covenant established
 3354  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 3355  funds transferred to the Educational Enhancement Trust Fund
 3356  under paragraph (b) shall first be available to pay debt service
 3357  on lottery bonds issued to fund school construction in the event
 3358  lottery revenues are insufficient for such purpose or to satisfy
 3359  debt service reserve requirements established in connection with
 3360  lottery bonds. Moneys available pursuant to this subparagraph
 3361  are subject to annual appropriation by the Legislature.
 3362         (3) SLOT MACHINE GUARANTEE FEE; SURCHARGE.—
 3363         (a)If a permitholder located within a county that has
 3364  conducted a successful slot machine referendum after January 1,
 3365  2012, or a holder of a slot machine license awarded pursuant to
 3366  s. 551.1043 does not pay at least $11 million in total slot
 3367  machine taxes and license fees to the state in state fiscal year
 3368  2018-2019, the permitholder shall pay to the state within 45
 3369  days after the end of the state fiscal year a surcharge equal to
 3370  the difference between the aggregate amount of slot machine
 3371  taxes and license fees paid to the state in the fiscal year and
 3372  $11 million, regardless of whether the permitholder or licensee
 3373  operated slot machines during the fiscal year.
 3374         (b)If a permitholder located within a county that has
 3375  conducted a successful slot machine referendum after January 1,
 3376  2012, or a holder of a slot machine license awarded pursuant to
 3377  s. 551.1043 does not pay at least $21 million in total slot
 3378  machine taxes and license fees to the state in state fiscal year
 3379  2019-2020 and any subsequent state fiscal year, the permitholder
 3380  shall pay to the state within 45 days after the end of the state
 3381  fiscal year a surcharge equal to the difference between the
 3382  aggregate amount of slot machine taxes and license fees paid to
 3383  the state in the fiscal year and $21 million, regardless of
 3384  whether the permitholder or licensee operated slot machines
 3385  during the fiscal year.
 3386         (5)(4) TO PAY TAX; PENALTIES.—A slot machine licensee or
 3387  pari-mutuel permitholder who fails to make tax and any
 3388  applicable surcharge payments as required under this section is
 3389  subject to an administrative penalty of up to $10,000 for each
 3390  day the tax payment is not remitted. All administrative
 3391  penalties imposed and collected shall be deposited into the
 3392  Pari-mutuel Wagering Trust Fund of the Department of Business
 3393  and Professional Regulation. If any slot machine licensee or
 3394  pari-mutuel permitholder fails to pay penalties imposed by order
 3395  of the division under this subsection, the division may deny,
 3396  suspend, revoke, or refuse to renew the license of the
 3397  permitholder or slot machine licensee.
 3398         Section 48. Subsection (2) of section 551.108, Florida
 3399  Statutes, is amended to read:
 3400         551.108 Prohibited relationships.—
 3401         (2) A manufacturer or distributor of slot machines may not
 3402  enter into any contract with a slot machine licensee that
 3403  provides for any revenue sharing of any kind or nature that is
 3404  directly or indirectly calculated on the basis of a percentage
 3405  of slot machine revenues. Any maneuver, shift, or device whereby
 3406  this subsection is violated is a violation of this chapter and
 3407  renders any such agreement void. This subsection does not apply
 3408  to contracts related to a progressive system used in conjunction
 3409  with slot machines.
 3410         Section 49. Subsections (2) and (4) of section 551.114,
 3411  Florida Statutes, are amended to read:
 3412         551.114 Slot machine gaming areas.—
 3413         (2) If such races or games are available to the slot
 3414  machine licensee, the slot machine licensee shall display pari
 3415  mutuel races or games within the designated slot machine gaming
 3416  areas and offer patrons within the designated slot machine
 3417  gaming areas the ability to engage in pari-mutuel wagering on
 3418  any live, intertrack, and simulcast races conducted or offered
 3419  to patrons of the licensed facility.
 3420         (4) Designated slot machine gaming areas shall may be
 3421  located anywhere within the property described in a slot machine
 3422  licensee’s pari-mutuel permit within the current live gaming
 3423  facility or in an existing building that must be contiguous and
 3424  connected to the live gaming facility. If a designated slot
 3425  machine gaming area is to be located in a building that is to be
 3426  constructed, that new building must be contiguous and connected
 3427  to the live gaming facility.
 3428         Section 50. Section 551.116, Florida Statutes, is amended
 3429  to read:
 3430         551.116 Days and hours of operation.—Slot machine gaming
 3431  areas may be open 24 hours per day, 7 days a week daily
 3432  throughout the year. The slot machine gaming areas may be open a
 3433  cumulative amount of 18 hours per day on Monday through Friday
 3434  and 24 hours per day on Saturday and Sunday and on those
 3435  holidays specified in s. 110.117(1).
 3436         Section 51. Subsections (1) and (3) of section 551.121,
 3437  Florida Statutes, are amended to read:
 3438         551.121 Prohibited activities and devices; exceptions.—
 3439         (1) Complimentary or reduced-cost alcoholic beverages may
 3440  not be served to a person persons playing a slot machine.
 3441  Alcoholic beverages served to persons playing a slot machine
 3442  shall cost at least the same amount as alcoholic beverages
 3443  served to the general public at a bar within the facility.
 3444         (3) A slot machine licensee may not allow any automated
 3445  teller machine or similar device designed to provide credit or
 3446  dispense cash to be located within the designated slot machine
 3447  gaming areas of a facility of a slot machine licensee.
 3448         Section 52. Present subsections (9) through (17) of section
 3449  849.086, Florida Statutes, are redesignated as subsections (10)
 3450  through (18), respectively, and a new subsection (9) is added to
 3451  that section, subsections (1) and (2) of that section are
 3452  amended, paragraph (g) is added to subsection (4) of that
 3453  section, and paragraph (b) of subsection (5), paragraphs (a),
 3454  (b), and (c) of subsection (7), paragraphs (a) and (b) of
 3455  subsection (8), present subsection (12), paragraphs (d) and (h)
 3456  of present subsection (13), and present subsection (17) of
 3457  section 849.086, Florida Statutes, are amended, to read:
 3458         849.086 Cardrooms authorized.—
 3459         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 3460  to provide additional entertainment choices for the residents of
 3461  and visitors to the state, promote tourism in the state, provide
 3462  revenues to support the continuation of live pari-mutuel
 3463  activity, and provide additional state revenues through the
 3464  authorization of the playing of certain games in the state at
 3465  facilities known as cardrooms which are to be located at
 3466  licensed pari-mutuel facilities. To ensure the public confidence
 3467  in the integrity of authorized cardroom operations, this act is
 3468  designed to strictly regulate the facilities, persons, and
 3469  procedures related to cardroom operations. Furthermore, the
 3470  Legislature finds that authorized games of poker and dominoes as
 3471  herein defined are considered to be pari-mutuel style games and
 3472  not casino gaming because the participants play against each
 3473  other instead of against the house.
 3474         (2) DEFINITIONS.—As used in this section:
 3475         (a) “Authorized game” means a game or series of games of
 3476  poker or dominoes which are played in conformance with this
 3477  section a nonbanking manner.
 3478         (b) “Banking game” means a game in which the house is a
 3479  participant in the game, taking on players, paying winners, and
 3480  collecting from losers or in which the cardroom establishes a
 3481  bank against which participants play. A designated player game
 3482  is not a banking game.
 3483         (c) “Cardroom” means a facility where authorized games are
 3484  played for money or anything of value and to which the public is
 3485  invited to participate in such games and charged a fee for
 3486  participation by the operator of such facility. Authorized games
 3487  and cardrooms do not constitute casino gaming operations if
 3488  conducted at an eligible facility.
 3489         (d) “Cardroom management company” means any individual not
 3490  an employee of the cardroom operator, any proprietorship,
 3491  partnership, corporation, or other entity that enters into an
 3492  agreement with a cardroom operator to manage, operate, or
 3493  otherwise control the daily operation of a cardroom.
 3494         (e) “Cardroom distributor” means any business that
 3495  distributes cardroom paraphernalia such as card tables, betting
 3496  chips, chip holders, dominoes, dominoes tables, drop boxes,
 3497  banking supplies, playing cards, card shufflers, and other
 3498  associated equipment to authorized cardrooms.
 3499         (f) “Cardroom operator” means a licensed pari-mutuel
 3500  permitholder that which holds a valid permit and license issued
 3501  by the division pursuant to chapter 550 and which also holds a
 3502  valid cardroom license issued by the division pursuant to this
 3503  section which authorizes such person to operate a cardroom and
 3504  to conduct authorized games in such cardroom.
 3505         (g)“Designated player” means the player identified as the
 3506  player in the dealer position and seated at a traditional player
 3507  position in a designated player game who pays winning players
 3508  and collects from losing players.
 3509         (h)“Designated player game” means a game in which the
 3510  players compare their cards only to the cards of the designated
 3511  player or to a combination of cards held by the designated
 3512  player and cards common and available for play by all players.
 3513         (i)(g) “Division” means the Division of Pari-mutuel
 3514  Wagering of the Department of Business and Professional
 3515  Regulation.
 3516         (j)(h) “Dominoes” means a game of dominoes typically played
 3517  with a set of 28 flat rectangular blocks, called “bones,” which
 3518  are marked on one side and divided into two equal parts, with
 3519  zero to six dots, called “pips,” in each part. The term also
 3520  includes larger sets of blocks that contain a correspondingly
 3521  higher number of pips. The term also means the set of blocks
 3522  used to play the game.
 3523         (k)(i) “Gross receipts” means the total amount of money
 3524  received by a cardroom from any person for participation in
 3525  authorized games.
 3526         (l)(j) “House” means the cardroom operator and all
 3527  employees of the cardroom operator.
 3528         (m)(k) “Net proceeds” means the total amount of gross
 3529  receipts received by a cardroom operator from cardroom
 3530  operations less direct operating expenses related to cardroom
 3531  operations, including labor costs, admission taxes only if a
 3532  separate admission fee is charged for entry to the cardroom
 3533  facility, gross receipts taxes imposed on cardroom operators by
 3534  this section, the annual cardroom license fees imposed by this
 3535  section on each table operated at a cardroom, and reasonable
 3536  promotional costs excluding officer and director compensation,
 3537  interest on capital debt, legal fees, real estate taxes, bad
 3538  debts, contributions or donations, or overhead and depreciation
 3539  expenses not directly related to the operation of the cardrooms.
 3540         (n)(l) “Rake” means a set fee or percentage of the pot
 3541  assessed by a cardroom operator for providing the services of a
 3542  dealer, table, or location for playing the authorized game.
 3543         (o)(m) “Tournament” means a series of games that have more
 3544  than one betting round involving one or more tables and where
 3545  the winners or others receive a prize or cash award.
 3546         (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
 3547  Wagering of the Department of Business and Professional
 3548  Regulation shall administer this section and regulate the
 3549  operation of cardrooms under this section and the rules adopted
 3550  pursuant thereto, and is hereby authorized to:
 3551         (g) Establish a reasonable period to respond to requests
 3552  from a licensed cardroom; provided however, the division has a
 3553  maximum of 45 days to approve:
 3554         1. A cardroom’s internal controls or provide the cardroom
 3555  with a list of deficiencies as to the internal controls.
 3556         2. Rules for a new authorized game submitted by a licensed
 3557  cardroom or provide the cardroom with a list of deficiencies as
 3558  to those rules.
 3559  
 3560  Not later than 10 days after the submission of revised internal
 3561  controls or revised rules addressing the deficiencies identified
 3562  by the division, the division must review and approve or reject
 3563  the revised internal controls or revised rules.
 3564         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 3565  operate a cardroom in this state unless such person holds a
 3566  valid cardroom license issued pursuant to this section.
 3567         (b) After the initial cardroom license is granted, the
 3568  application for the annual license renewal shall be made in
 3569  conjunction with the applicant’s annual application for its
 3570  pari-mutuel license. If a permitholder has operated a cardroom
 3571  during any of the 3 previous fiscal years and fails to include a
 3572  renewal request for the operation of the cardroom in its annual
 3573  application for license renewal, the permitholder may amend its
 3574  annual application to include operation of the cardroom. In
 3575  order for a cardroom license to be renewed the applicant must
 3576  have requested, as part of its pari-mutuel annual license
 3577  application, to conduct at least 90 percent of the total number
 3578  of live performances conducted by such permitholder during
 3579  either the state fiscal year in which its initial cardroom
 3580  license was issued or the state fiscal year immediately prior
 3581  thereto if the permitholder ran at least a full schedule of live
 3582  racing or games in the prior year. If the application is for a
 3583  harness permitholder cardroom, the applicant must have requested
 3584  authorization to conduct a minimum of 140 live performances
 3585  during the state fiscal year immediately prior thereto. If more
 3586  than one permitholder is operating at a facility, each
 3587  permitholder must have applied for a license to conduct a full
 3588  schedule of live racing.
 3589         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 3590         (a) A cardroom may be operated only at the location
 3591  specified on the cardroom license issued by the division, and
 3592  such location may only be the location at which the pari-mutuel
 3593  permitholder is authorized to conduct pari-mutuel wagering
 3594  activities pursuant to such permitholder’s valid pari-mutuel
 3595  permit or as otherwise authorized by law. Cardroom operations
 3596  may not be allowed beyond the hours provided in paragraph (b)
 3597  regardless of the number of cardroom licenses issued for
 3598  permitholders operating at the pari-mutuel facility.
 3599         (b) Any cardroom operator may operate a cardroom at the
 3600  pari-mutuel facility daily throughout the year, if the
 3601  permitholder meets the requirements under paragraph (5)(b). The
 3602  cardroom may be open a cumulative amount of 18 hours per day on
 3603  Monday through Friday and 24 hours per day on Saturday and
 3604  Sunday and on the holidays specified in s. 110.117(1).
 3605         (c) A cardroom operator must at all times employ and
 3606  provide a nonplaying live dealer at for each table on which
 3607  authorized card games which traditionally use a dealer are
 3608  conducted, except for designated player games at the cardroom.
 3609  Such dealers may not have a participatory interest in any game
 3610  other than the dealing of cards and may not have an interest in
 3611  the outcome of the game. The providing of such dealers by a
 3612  licensee does not constitute the conducting of a banking game by
 3613  the cardroom operator.
 3614         (8) METHOD OF WAGERS; LIMITATION.—
 3615         (a) No Wagering may not be conducted using money or other
 3616  negotiable currency. Games may only be played utilizing a
 3617  wagering system whereby all players’ money is first converted by
 3618  the house to tokens or chips that may which shall be used for
 3619  wagering only at that specific cardroom.
 3620         (b) The cardroom operator may limit the amount wagered in
 3621  any game or series of games.
 3622         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 3623         (a)A cardroom operator may offer designated player games
 3624  consisting of players making wagers against the designated
 3625  player. The designated player must be licensed pursuant to
 3626  paragraph (6)(b). Employees of a designated player also must be
 3627  licensed, and the designated player shall pay, in addition to
 3628  the business occupational fee established pursuant to paragraph
 3629  (6)(i), an employee occupational license fee which may not
 3630  exceed $500 per employee for any 12-month period.
 3631         (b)A cardroom operator may not serve as a designated
 3632  player in any game. The cardroom operator may not have a
 3633  financial interest in a designated player in any game. A
 3634  cardroom operator may collect a rake in accordance with the rake
 3635  structure posted at the table.
 3636         (c)If there are multiple designated players at a table,
 3637  the dealer button shall be rotated in a clockwise rotation after
 3638  each hand.
 3639         (d)A cardroom operator may not allow a designated player
 3640  to pay an opposing player who holds a lower ranked hand.
 3641         (e)A designated player may not be required by the rules of
 3642  a game or by the rules of a cardroom to cover all wagers posted
 3643  by the opposing players.
 3644         (f)The cardroom, or any cardroom licensee, may not
 3645  contract with, or receive compensation other than a posted table
 3646  rake from, any player to participate in any game to serve as a
 3647  designated player.
 3648         (13)(12) PROHIBITED ACTIVITIES.—
 3649         (a) A No person licensed to operate a cardroom may not
 3650  conduct any banking game or any game not specifically authorized
 3651  by this section.
 3652         (b) A No person who is younger than under 18 years of age
 3653  may not be permitted to hold a cardroom or employee license, or
 3654  to engage in any game conducted therein.
 3655         (c) With the exception of mechanical card shufflers, No
 3656  electronic or mechanical devices, except mechanical card
 3657  shufflers, may not be used to conduct any authorized game in a
 3658  cardroom.
 3659         (d) No Cards, game components, or game implements may not
 3660  be used in playing an authorized game unless they have such has
 3661  been furnished or provided to the players by the cardroom
 3662  operator.
 3663         (14)(13) TAXES AND OTHER PAYMENTS.—
 3664         (d)1. Each greyhound and jai alai permitholder that
 3665  operates a cardroom facility shall use at least 4 percent of
 3666  such permitholder’s cardroom monthly gross receipts to
 3667  supplement greyhound purses and awards or jai alai prize money,
 3668  respectively, during the permitholder’s next ensuing pari-mutuel
 3669  meet.
 3670         2. A cardroom license or renewal thereof may not be issued
 3671  to a permitholder conducting less than a full schedule of live
 3672  racing or games as defined in s. 550.002(11) unless the
 3673  applicant has on file with the division a binding written
 3674  contract with a thoroughbred permitholder that is licensed to
 3675  conduct live racing and that does not possess a slot machine
 3676  license. This contract must provide that the permitholder will
 3677  pay an amount equal to 4 percent of its monthly cardroom gross
 3678  receipts to the thoroughbred permitholder conducting the live
 3679  racing for exclusive use as purses and awards during the current
 3680  or ensuing live racing meet of the thoroughbred permitholder. A
 3681  thoroughbred permitholder receiving funds under this
 3682  subparagraph shall remit, within 10 days of receipt, 10 percent
 3683  of those funds to the Florida Thoroughbred Breeders’
 3684  Association, Inc., for the payment of breeders’, stallion, and
 3685  special racing awards, subject to the fee authorized in s.
 3686  550.2625(3). If there is not a thoroughbred permitholder that
 3687  does not possess a slot machine license, payments for purses are
 3688  not required, and the cardroom licensee shall retain such funds
 3689  for its use Each thoroughbred and harness horse racing
 3690  permitholder that operates a cardroom facility shall use at
 3691  least 50 percent of such permitholder’s cardroom monthly net
 3692  proceeds as follows: 47 percent to supplement purses and 3
 3693  percent to supplement breeders’ awards during the permitholder’s
 3694  next ensuing racing meet.
 3695         3. No cardroom license or renewal thereof shall be issued
 3696  to an applicant holding a permit under chapter 550 to conduct
 3697  pari-mutuel wagering meets of quarter horse racing unless the
 3698  applicant has on file with the division a binding written
 3699  agreement between the applicant and the Florida Quarter Horse
 3700  Racing Association or the association representing a majority of
 3701  the horse owners and trainers at the applicant’s eligible
 3702  facility, governing the payment of purses on live quarter horse
 3703  races conducted at the licensee’s pari-mutuel facility. The
 3704  agreement governing purses may direct the payment of such purses
 3705  from revenues generated by any wagering or gaming the applicant
 3706  is authorized to conduct under Florida law. All purses shall be
 3707  subject to the terms of chapter 550.
 3708         (h) One-quarter of the moneys deposited into the Pari
 3709  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 3710  October 1 of each year, be distributed to the local government
 3711  that approved the cardroom under subsection (17) (16); however,
 3712  if two or more pari-mutuel racetracks are located within the
 3713  same incorporated municipality, the cardroom funds shall be
 3714  distributed to the municipality. If a pari-mutuel facility is
 3715  situated in such a manner that it is located in more than one
 3716  county, the site of the cardroom facility shall determine the
 3717  location for purposes of disbursement of tax revenues under this
 3718  paragraph. The division shall, by September 1 of each year,
 3719  determine: the amount of taxes deposited into the Pari-mutuel
 3720  Wagering Trust Fund pursuant to this section from each cardroom
 3721  licensee; the location by county of each cardroom; whether the
 3722  cardroom is located in the unincorporated area of the county or
 3723  within an incorporated municipality; and, the total amount to be
 3724  distributed to each eligible county and municipality.
 3725         (18)(17) CHANGE OF LOCATION; REFERENDUM.—
 3726         (a) Notwithstanding any provisions of this section, a no
 3727  cardroom gaming license issued under this section may not shall
 3728  be transferred, or reissued when such reissuance is in the
 3729  nature of a transfer, so as to permit or authorize a licensee to
 3730  change the location of the cardroom except through the
 3731  relocation of the pari-mutuel permit pursuant to s. 550.0555 or
 3732  s. 550.3345 upon proof in such form as the division may
 3733  prescribe that a referendum election has been held:
 3734         1. If the proposed new location is within the same county
 3735  as the already licensed location, in the county where the
 3736  licensee desires to conduct cardroom gaming and that a majority
 3737  of the electors voting on the question in such election voted in
 3738  favor of the transfer of such license. However, the division
 3739  shall transfer, without requirement of a referendum election,
 3740  the cardroom license of any permitholder that relocated its
 3741  permit pursuant to s. 550.0555.
 3742         2. If the proposed new location is not within the same
 3743  county as the already licensed location, in the county where the
 3744  licensee desires to conduct cardroom gaming and that a majority
 3745  of the electors voting on that question in each such election
 3746  voted in favor of the transfer of such license.
 3747         (b) The expense of each referendum held under the
 3748  provisions of this subsection shall be borne by the licensee
 3749  requesting the transfer.
 3750         Section 53. Paragraph (c) is added to subsection (2) of
 3751  section 849.0931, Florida Statutes, and subsection (14) of that
 3752  section is republished, to read:
 3753         849.0931 Bingo authorized; conditions for conduct;
 3754  permitted uses of proceeds; limitations.—
 3755         (2)
 3756         (c) Veterans’ organizations engaged in charitable, civic,
 3757  benevolent, or scholastic works or other similar endeavors,
 3758  which organizations have been in existence for 3 years or more,
 3759  may conduct instant bingo in accordance with the requirements of
 3760  this section using electronic tickets in lieu of or together
 3761  with instant bingo paper tickets, only on the following
 3762  premises:
 3763         1.Property owned by the veterans’ organization.
 3764         2.Property owned by the veterans’ organization that will
 3765  benefit from the proceeds.
 3766         3.Property leased for a period of not less than 1 year by
 3767  a veterans’ organization, providing the lease or rental
 3768  agreement does not provide for the payment of a percentage of
 3769  the proceeds generated at such premises to the lessor or any
 3770  other party and providing the rental rate for such premises does
 3771  not exceed the rental rates charged for similar premises in the
 3772  same locale.
 3773  
 3774  Electronic tickets for instant bingo must be nontransparent
 3775  until the electronic ticket is opened by the player in
 3776  electronic form and may only be sold or distributed in this
 3777  state by veterans’ organizations after the software for such
 3778  tickets has been independently analyzed and certified to be
 3779  compliant with this section by a nationally recognized
 3780  independent gaming laboratory.
 3781         (14) Any organization or other person who willfully and
 3782  knowingly violates any provision of this section commits a
 3783  misdemeanor of the first degree, punishable as provided in s.
 3784  775.082 or s. 775.083. For a second or subsequent offense, the
 3785  organization or other person commits a felony of the third
 3786  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3787  775.084.
 3788         Section 54. The Division of Pari-mutuel Wagering of the
 3789  Department of Business and Professional Regulation shall revoke
 3790  any permit to conduct pari-mutuel wagering if a permitholder has
 3791  not conducted live events within the 24 months preceding the
 3792  effective date of this act, unless the permit was issued under
 3793  s. 550.3345, Florida Statutes, or the permit was issued less
 3794  than 24 months preceding the effective date of this act. A
 3795  permit revoked under this section may not be reissued.
 3796         Section 55. The Division of Law Revision and Information is
 3797  directed to replace the phrase “the effective date of this act”
 3798  wherever it occurs in this act with the date the act becomes
 3799  effective, in accordance with the notice received from the
 3800  Secretary of the Department of Business and Professional
 3801  Regulation pursuant to s. 285.710(3), Florida Statutes.
 3802         Section 56. Except as otherwise expressly provided in this
 3803  act, and except for this section, which shall take effect upon
 3804  this act becoming a law, this act shall take effect only if the
 3805  Gaming Compact between the Seminole Tribe of Florida and the
 3806  State of Florida executed by the Governor and the Seminole Tribe
 3807  of Florida on December 7, 2015, under the Indian Gaming
 3808  Regulatory Act of 1988, is amended as required by this act, and
 3809  is approved or deemed approved and not voided by the United
 3810  States Department of the Interior, and shall take effect on the
 3811  date that notice of the effective date of the amended compact is
 3812  published in the Federal Register.