CS for SB 590 Second Engrossed

2008590e2

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A bill to be entitled

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An act relating to pari-mutuel wagering; amending s.

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550.01215, F.S.; deleting an exception to requirements for

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the Division of Pari-mutuel Wagering with respect to

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issuing licenses; amending s. 550.0251, F.S.; requiring

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the division to adopt rules governing the humane treatment

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of racing animals at pari-mutuel facilities; amending s.

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550.0951, F.S.; providing for monthly payments of the

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daily license fee and taxes; amending s. 550.09511, F.S.;

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deleting provisions requiring a biweekly period for the

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payment of jai alai taxes; amending s. 550.09514, F.S.;

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deleting provisions requiring a biweekly period for the

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payment of greyhound dogracing taxes; amending s. 550.105,

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F.S.; revising provisions requiring certain persons to

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purchase a 3-year occupational license; providing for

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license fees to be set by rule of the division; defining

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the term "convicted" for purposes of licensing provisions;

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providing for the validity of a temporary occupational

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license; deleting certain signature requirements; amending

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s. 550.2415, F.S.; requiring that the division adopt rules

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for the welfare of racing animals; providing that a

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penalty imposed by the division does not prohibit criminal

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prosecution for cruelty to animals; amending s. 550.5251,

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F.S.; deleting the annual thoroughbred race dates for

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specified permitholders; establishing racing dates for

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thoroughbred meets; deleting provisions requiring summer

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thoroughbred horse racing permits; deleting expired permit

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provisions for the 2001-2002 thoroughbred licenses;

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deleting expired provisions relating to failure to operate

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all thoroughbred performances; amending s. 551.106, F.S.;

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providing for monthly payments of the tax on slot machine

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revenues; repealing s. 550.3605, F.S., relating to a

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requirement for a permit in order to use electronic

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transmitting equipment at a pari-mutuel facility;

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repealing s. 550.71, F.S., relating to the operation of

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chapter 96-364, Laws of Florida; amending s. 849.086,

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F.S.; limiting the hours of cardrooms operations; changing

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the hours of operation of cardrooms; amending ss. 772.102

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and 895.02, F.S., relating to civil and criminal penalty

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provisions; conforming cross-references; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (3) of section 550.01215, Florida

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Statutes, is amended to read:

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     550.01215  License application; periods of operation; bond,

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conversion of permit.--

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     (3) Except as provided in s. 550.5251 for thoroughbred

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racing, The division shall issue each license no later than March

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15. Each permitholder shall operate all performances at the date

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and time specified on its license. The division shall have the

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authority to approve minor changes in racing dates after a

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license has been issued. The division may approve changes in

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racing dates after a license has been issued when there is no

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objection from any operating permitholder located within 50 miles

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of the permitholder requesting the changes in operating dates. In

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the event of an objection, the division shall approve or

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disapprove the change in operating dates based upon the impact on

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operating permitholders located within 50 miles of the

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permitholder requesting the change in operating dates. In making

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the determination to change racing dates, the division shall take

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into consideration the impact of such changes on state revenues.

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     Section 2.  Subsection (11) of section 550.0251, Florida

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Statutes, is amended to read:

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     550.0251  The powers and duties of the Division of Pari-

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mutuel Wagering of the Department of Business and Professional

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Regulation.--The division shall administer this chapter and

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regulate the pari-mutuel industry under this chapter and the

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rules adopted pursuant thereto, and:

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     (11)  The division shall supervise and regulate the welfare

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of racing animals at pari-mutuel facilities. The division shall

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adopt rules for the humane treatment of racing animals at pari-

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mutuel facilities. The division shall inspect any area at a pari-

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mutuel facility where racing animals are housed or maintained,

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including any areas where food, medications, or other supplies

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are kept.

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     Section 3.  Paragraph (b) of subsection (1) and subsection

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(5) of section 550.0951, Florida Statutes, are amended to read:

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     550.0951  Payment of daily license fee and taxes;

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penalties.--

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     (1)

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     (b)  Each permitholder that cannot utilize the full amount

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of the exemption of $360,000 or $500,000 provided in s.

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550.09514(1) or the daily license fee credit provided in this

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section may, after notifying the division in writing, elect once

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per state fiscal year on a form provided by the division to

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transfer such exemption or credit or any portion thereof to any

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greyhound permitholder which acts as a host track to such

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permitholder for the purpose of intertrack wagering. Once an

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election to transfer such exemption or credit is filed with the

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division, it shall not be rescinded. The division shall

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disapprove the transfer when the amount of the exemption or

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credit or portion thereof is unavailable to the transferring

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permitholder or when the permitholder who is entitled to transfer

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the exemption or credit or who is entitled to receive the

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exemption or credit owes taxes to the state pursuant to a

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deficiency letter or administrative complaint issued by the

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division. Upon approval of the transfer by the division, the

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transferred tax exemption or credit shall be effective for the

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first performance of the next payment biweekly pay period as

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specified in subsection (5). The exemption or credit transferred

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to such host track may be applied by such host track against any

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taxes imposed by this chapter or daily license fees imposed by

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this chapter. The greyhound permitholder host track to which such

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exemption or credit is transferred shall reimburse such

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permitholder the exact monetary value of such transferred

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exemption or credit as actually applied against the taxes and

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daily license fees of the host track. The division shall ensure

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that all transfers of exemption or credit are made in accordance

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with this subsection and shall have the authority to adopt rules

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to ensure the implementation of this section.

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     (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.--Payments

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Payment for the admission tax, tax on handle, and the breaks tax

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imposed by this section shall be paid to the division. The

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division shall deposit these sums with the Chief Financial

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Officer, to the credit of the Pari-mutuel Wagering Trust Fund,

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hereby established. The permitholder shall remit to the division

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payment for the daily license fee, the admission tax, and the tax

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on handle, and the breaks tax. Such payments shall be remitted by

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3 p.m. on the 5th day of each calendar month Wednesday of each

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week for taxes imposed and collected for the preceding calendar

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month week ending on Sunday. If the 5th day of the calendar month

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falls on a weekend, payments shall be remitted by 3 p.m. the

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first Monday following the weekend. Permitholders shall file a

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report under oath by the 5th day of each calendar month for all

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taxes remitted during the preceding calendar month. Such payments

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shall be accompanied by a report under oath showing the total of

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all admissions, the pari-mutuel wagering activities for the

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preceding calendar month, and such other information as may be

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prescribed by the division.

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     Section 4.  Paragraph (e) of subsection (2) and paragraph

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(b) of subsection (3) of section 550.09511, Florida Statutes, are

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amended to read:

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     550.09511  Jai alai taxes; abandoned interest in a permit

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for nonpayment of taxes.--

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     (2)  Notwithstanding the provisions of s. 550.0951(3)(b),

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wagering on live jai alai performances shall be subject to the

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following taxes:

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     (e)  The payment of taxes pursuant to paragraphs (b), (c),

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and (d) shall be calculated and commence beginning the day after

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the biweekly period in which the permitholder is first entitled

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to the reduced rate specified in this section and the report of

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taxes required by s. 550.0951(5) is submitted to the division.

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     (3)

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     (b)  The payment of taxes pursuant to paragraph (a) shall be

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calculated and commence beginning the day after the biweekly

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period in which the permitholder is first entitled to the reduced

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rate specified in this subsection.

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     Section 5.  Subsection (1) of section 550.09514, Florida

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Statutes, is amended to read:

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     550.09514  Greyhound dogracing taxes; purse requirements.--

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     (1)  Wagering on greyhound racing is subject to a tax on

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handle for live greyhound racing as specified in s. 550.0951(3).

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However, each permitholder shall pay no tax on handle until such

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time as this subsection has resulted in a tax savings per state

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fiscal year of $360,000. Thereafter, each permitholder shall pay

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the tax as specified in s. 550.0951(3) on all handle for the

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remainder of the permitholder's current race meet, and the tax

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must be calculated and commence beginning the day after the

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biweekly period in which the permitholder reaches the maximum tax

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savings per state fiscal year provided in this section. For the

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three permitholders that conducted a full schedule of live racing

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in 1995, and are closest to another state that authorizes

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greyhound pari-mutuel wagering, the maximum tax savings per state

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fiscal year shall be $500,000. The provisions of this subsection

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relating to tax exemptions shall not apply to any charity or

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scholarship performances conducted pursuant to s. 550.0351.

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     Section 6.  Subsection (1), paragraph (a) of subsection (2),

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paragraph (d) of subsection (5), and subsections (6) and (10) of

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section 550.105, Florida Statutes, are amended, present paragraph

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(e) of subsection (5) of that section is redesignated as

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paragraph (f), and a new paragraph (e) is added to that

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subsection, to read:

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     550.105  Occupational licenses of racetrack employees; fees;

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denial, suspension, and revocation of license; penalties and

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fines.--

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     (1)(a) Each person connected with a racetrack or jai alai

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fronton, as specified in paragraph (2)(a), shall purchase from

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the division an annual occupational license, which license is

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valid from May 1 until June 30 of the following year. All moneys

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collected pursuant to this section each fiscal year shall be

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deposited into the Pari-mutuel Wagering Trust Fund. Any person

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may, at her or his option and pursuant to the rules adopted by

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the division, purchase an occupational license valid for a period

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of 3 years if the purchaser of the license pays the full

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occupational license fee for each of the years for which the

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license is purchased at the time the 3-year license is requested.

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The occupational license shall be valid during its specified term

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at any pari-mutuel facility.

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     (b) Pursuant to rules adopted by the division, any person

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may apply for and, if qualified, be issued an occupational

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license valid for a period of 3 years upon payment of the

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occupational license fee. The occupational license is valid

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during its specified term at any licensed pari-mutuel facility.

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     (c) The occupational license fee for initial application

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and annual renewal shall be determined by rule of the division,

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but may not exceed $10 for a general license, $40 for a

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professional individual occupational license, and $50 for a

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business occupational license.

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     (2)(a)  The following licenses shall be issued to persons or

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entities with access to the backside, racing animals, jai alai

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players' room, jockeys' room, drivers' room, totalisator room,

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the mutuels, or money room, or to persons who, by virtue of the

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position they hold, might be granted access to these areas or to

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any other person or entity in one of the following categories and

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with scheduled annual fees as follows:

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     1.  Business licenses: any business such as a vendor,

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contractual concessionaire, contract kennel, business owning

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racing animals, trust or estate, totalisator company, stable

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name, or other fictitious name: $50.

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     2.  Professional occupational licenses: professional persons

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with access to the backside of a racetrack or players' quarters

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in jai alai such as trainers, officials, veterinarians, doctors,

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nurses, EMT's, jockeys and apprentices, drivers, jai alai

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players, owners, trustees, or any management or officer or

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director or shareholder or any other professional-level person

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who might have access to the jockeys' room, the drivers' room,

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the backside, racing animals, kennel compound, or managers or

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supervisors requiring access to mutuels machines, the money room,

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or totalisator equipment: $40.

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     3.  General occupational licenses: general employees with

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access to the jockeys' room, the drivers' room, racing animals,

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the backside of a racetrack or players' quarters in jai alai,

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such as grooms, kennel helpers, leadouts, pelota makers, cesta

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makers, or ball boys, or a practitioner of any other occupation

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who would have access to the animals, the backside, or the kennel

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compound, or who would provide the security or maintenance of

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these areas, or mutuel employees, totalisator employees, money-

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room employees, or any employee with access to mutuels machines,

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the money room, or totalisator equipment or who would provide the

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security or maintenance of these areas: $10.

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The individuals and entities that are licensed under this

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paragraph require heightened state scrutiny, including the

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submission by the individual licensees or persons associated with

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the entities described in this chapter of fingerprints for a

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Federal Bureau of Investigation criminal records check.

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     (5)

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     (d)  If an occupational license will expire by division rule

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during the period of a suspension the division intends to impose,

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or if a license would have expired but for pending administrative

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charges and the occupational licensee is found to be in violation

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of any of the charges, the license may be revoked and a time

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period of license ineligibility may be declared. The division may

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bring administrative charges against any person not holding a

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current license for violations of statutes or rules which

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occurred while such person held an occupational license, and the

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division may declare such person ineligible to hold a license for

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a period of time. The division may impose a civil fine of up to

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$1,000 for each violation of this chapter or the rules of the

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division in addition to or in lieu of any other penalty provided

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for in this section. In addition to any other penalty provided by

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law, the division may exclude from all pari-mutuel facilities in

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this state, for a period not to exceed the period of suspension,

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revocation, or ineligibility, any person whose occupational

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license application has been denied by the division, who has been

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declared ineligible to hold an occupational license, or whose

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occupational license has been suspended or revoked by the

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division.

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     (e) For purposes of this subsection, the term "convicted"

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means having been found guilty, with or without adjudication of

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guilt, as a result of a jury verdict, nonjury trial, or entry of

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a plea of guilty or nolo contendere.

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     (6)  In order to promote the orderly presentation of pari-

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mutuel meets authorized in this chapter, the division may issue a

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temporary occupational license. The division shall adopt rules to

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implement this subsection. However, a no temporary occupational

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license is shall be valid only until such time as the licensee's

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application is granted or denied by the division for more than 30

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days, and no more than one temporary license may be issued for

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any person in any year.

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     (10)  Upon application for an occupational license, the

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division may require the applicant's full legal name; any

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nickname, alias, or maiden name for the applicant; name of the

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applicant's spouse; the applicant's date of birth, residence

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address, mailing address, residence address and business phone

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number, and social security number; disclosure of any felony or

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any conviction involving bookmaking, illegal gambling, or cruelty

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to animals; disclosure of any past or present enforcement or

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actions by any racing or gaming agency against the applicant; and

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any information the division determines is necessary to establish

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the identity of the applicant or to establish that the applicant

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is of good moral character. Fingerprints shall be taken in a

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manner approved by the division and then shall be submitted to

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the Federal Bureau of Investigation, or to the association of

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state officials regulating pari-mutuel wagering pursuant to the

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Federal Pari-mutuel Licensing Simplification Act of 1988. The

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cost of processing fingerprints shall be borne by the applicant

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and paid to the association of state officials regulating pari-

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mutuel wagering from the trust fund to which the processing fees

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are deposited. The division shall require each applicant for an

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occupational license to have the applicant's signature witnessed

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and notarized or signed in the presence of a division official.

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The division, by rule, may require additional information from

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licensees which is reasonably necessary to regulate the industry.

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The division may, by rule, exempt certain occupations or groups

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of persons from the fingerprinting requirements.

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     Section 7.  Paragraphs (a) and (d) of subsection (6) of

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section 550.2415, Florida Statutes, are amended to read:

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     550.2415  Racing of animals under certain conditions

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prohibited; penalties; exceptions.--

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     (6)(a)  It is the intent of the Legislature that animals

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that participate in races in this state on which pari-mutuel

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wagering is conducted and animals that are bred and trained in

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this state for racing be treated humanely, both on and off

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racetracks, throughout the lives of the animals. The division

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shall adopt rules for the supervision and regulation of the

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welfare of racing animals at pari-mutuel facilities.

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     (d) Any act committed by a licensee which would constitute

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A conviction of cruelty to animals as defined by s. 828.02 and

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pursuant to s. 828.12 involving any a racing animal constitutes a

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violation of this chapter. Imposition of a penalty by the

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division for violation of this chapter or any rule adopted by the

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division pursuant to this chapter shall not prohibit a criminal

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prosecution for cruelty to animals.

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     Section 8.  Section 550.5251, Florida Statutes, is amended

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to read:

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     550.5251  Florida thoroughbred racing; certain permits;

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operating days.--

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     (1) Each thoroughbred permitholder under whose permit

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thoroughbred racing was conducted in this state at any time

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between January 1, 1987, and January 1, 1988, shall annually be

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entitled to apply for and annually receive thoroughbred racing

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days and dates as set forth in this section. As regards such

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permitholders, the annual thoroughbred racing season shall be

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from June 1 of any year through May 31 of the following year and

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shall be known as the "Florida Thoroughbred Racing Season."

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     (1)(2) Each permitholder referred to in subsection (1)

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shall annually, during the period commencing December 15 of each

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year and ending January 4 of the following year, file in writing

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with the division its application to conduct one or more

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thoroughbred racing meetings during the thoroughbred racing

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season commencing on the following July June 1. Each application

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shall specify the number and dates of all performances that the

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permitholder intends to conduct during that thoroughbred racing

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season. On or before March February 15 of each year, the division

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shall issue a license authorizing each permitholder to conduct

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performances on the dates specified in its application. Up to

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February 28 March 31 of each year, each permitholder may request

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and shall be granted changes in its authorized performances; but

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thereafter, as a condition precedent to the validity of its

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license and its right to retain its permit, each permitholder

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must operate the full number of days authorized on each of the

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dates set forth in its license.

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     (3) Each thoroughbred permit referred to in subsection (1),

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including, but not limited to, any permit originally issued as a

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summer thoroughbred horse racing permit, is hereby validated and

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shall continue in full force and effect.

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     (2)(4) A thoroughbred racing permitholder may not begin any

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race later than 7 p.m. Any thoroughbred permitholder in a county

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in which the authority for cardrooms has been approved by the

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board of county commissioners may operate a cardroom and, when

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conducting live races during its current race meet, may receive

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and rebroadcast out-of-state races after the hour of 7 p.m. on

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any day during which the permitholder conducts live races.

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     (3)(5)(a) Each licensed thoroughbred permitholder in this

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state must run an average of one race per racing day in which

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horses bred in this state and duly registered with the Florida

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Thoroughbred Breeders' Association have preference as entries

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over non-Florida-bred horses. All licensed thoroughbred

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racetracks shall write the conditions for such races in which

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Florida-bred horses are preferred so as to assure that all

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Florida-bred horses available for racing at such tracks are given

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full opportunity to run in the class of races for which they are

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qualified. The opportunity of running must be afforded to each

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class of horses in the proportion that the number of horses in

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this class bears to the total number of Florida-bred horses

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available. A track is not required to write conditions for a race

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to accommodate a class of horses for which a race would otherwise

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not be run at the track during its meeting.

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     (b)  Each licensed thoroughbred permitholder in this state

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may run one additional race per racing day composed exclusively

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of Arabian horses registered with the Arabian Horse Registry of

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America. Any licensed thoroughbred permitholder that elects to

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run one additional race per racing day composed exclusively of

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Arabian horses registered with the Arabian Horse Registry of

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America is not required to provide stables for the Arabian horses

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racing under this paragraph.

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     (c)  Each licensed thoroughbred permitholder in this state

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may run up to three additional races per racing day composed

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exclusively of quarter horses registered with the American

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Quarter Horse Association.

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     (6) Notwithstanding the provisions of subsection (2), a

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thoroughbred permitholder who fails to operate all performances

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on its 2001-2002 license does not lose its right to retain its

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permit. Such thoroughbred permitholder is eligible for issuance

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of an annual license pursuant to s. 550.0115 for subsequent

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thoroughbred racing seasons. The division shall take no

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disciplinary action against such thoroughbred permitholder for

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failure to operate all licensed performances for the 2001-2002

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license pursuant to this section or s. 550.01215. This section

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may not be interpreted to prohibit the division from taking

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disciplinary action against a thoroughbred permitholder for

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failure to pay taxes on performances operated pursuant to its

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2001-2002 license. This subsection expires July 1, 2003.

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     (7) A thoroughbred permitholder shall file an amendment

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with the division no later than July 1, 2002, that indicates that

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it will not be able to operate the performances scheduled on its

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2002-2003 license without imposition of any penalty for failure

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to operate all licensed performances provided in this chapter.

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This subsection expires July 1, 2003.

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     Section 9.  Subsection (3) of section 551.106, Florida

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Statutes, is amended to read:

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     551.106  License fee; tax rate; penalties.--

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     (3)  PAYMENT AND DISPOSITION OF TAXES.--Payment for the tax

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on slot machine revenues imposed by this section shall be paid to

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the division. The division shall deposit these sums with the

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Chief Financial Officer, to the credit of the Pari-mutuel

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Wagering Trust Fund. The slot machine licensee shall remit to the

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division payment for the tax on slot machine revenues. Such

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payments shall be remitted by 3 p.m. on the 5th day of each

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calendar month Wednesday of each week for taxes imposed and

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collected for the preceding calendar month week ending on Sunday.

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If the 5th day of the calendar month falls on a weekend, payments

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shall be remitted by 3 p.m. the first Monday following the

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weekend. The slot machine licensee shall file a report under oath

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by the 5th day of each calendar month for all taxes remitted

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during the preceding calendar month. Such payments shall be

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accompanied by a report under oath showing all slot machine

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gaming activities for the preceding calendar month and such other

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information as may be prescribed by the division.

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     Section 10. Section 550.3605, Florida Statutes, is

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repealed.

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     Section 11. Section 550.71, Florida Statutes, is repealed.

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     Section 12.  Paragraphs (a) and (b) of subsection (7) of

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section 849.086, Florida Statutes, are amended to read:

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     849.086  Cardrooms authorized.--

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     (7)  CONDITIONS FOR OPERATING A CARDROOM.--

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     (a)  A cardroom may be operated only at the location

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specified on the cardroom license issued by the division, and

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such location may only be the location at which the pari-mutuel

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permitholder is authorized to conduct pari-mutuel wagering

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activities pursuant to such permitholder's valid pari-mutuel

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permit or as otherwise authorized by law. Cardroom operations

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shall not be allowed beyond the hours provided in subsection (b)

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regardless of the number of cardroom licenses issued for

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permitholders operating at the pari-mutuel facility.

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     (b) Any cardroom operator horserace, greyhound race, or jai

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alai permitholder licensed under this section may operate a

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cardroom at the pari-mutuel facility daily throughout the year,

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on any day for a cumulative amount of 12 hours if the

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permitholder meets the requirements under paragraph (5)(b). The

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cardroom may be open a cumulative amount of 18 hours per day on

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Monday through Friday and 24 hours per day on Saturday and Sunday

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and on the holidays specified in s. 110.117(1).

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     Section 13.  Paragraph (a) of subsection (1) and paragraph

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(a) of subsection (2) of section 772.102, Florida Statutes, are

449

amended to read:

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     772.102  Definitions.--As used in this chapter, the term:

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     (1)  "Criminal activity" means to commit, to attempt to

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commit, to conspire to commit, or to solicit, coerce, or

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intimidate another person to commit:

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     (a)  Any crime that is chargeable by indictment or

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information under the following provisions:

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     1.  Section 210.18, relating to evasion of payment of

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cigarette taxes.

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     2.  Section 414.39, relating to public assistance fraud.

459

     3.  Section 440.105 or s. 440.106, relating to workers'

460

compensation.

461

     4.  Part IV of chapter 501, relating to telemarketing.

462

     5.  Chapter 517, relating to securities transactions.

463

     6. Section 550.235 or, s. 550.3551, or s. 550.3605,

464

relating to dogracing and horseracing.

465

     7.  Chapter 550, relating to jai alai frontons.

466

     8.  Chapter 552, relating to the manufacture, distribution,

467

and use of explosives.

468

     9.  Chapter 562, relating to beverage law enforcement.

469

     10.  Section 624.401, relating to transacting insurance

470

without a certificate of authority, s. 624.437(4)(c)1., relating

471

to operating an unauthorized multiple-employer welfare

472

arrangement, or s. 626.902(1)(b), relating to representing or

473

aiding an unauthorized insurer.

474

     11.  Chapter 687, relating to interest and usurious

475

practices.

476

     12.  Section 721.08, s. 721.09, or s. 721.13, relating to

477

real estate timeshare plans.

478

     13.  Chapter 782, relating to homicide.

479

     14.  Chapter 784, relating to assault and battery.

480

     15.  Chapter 787, relating to kidnapping or human

481

trafficking.

482

     16.  Chapter 790, relating to weapons and firearms.

483

     17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.

484

796.07, relating to prostitution.

485

     18.  Chapter 806, relating to arson.

486

     19.  Section 810.02(2)(c), relating to specified burglary of

487

a dwelling or structure.

488

     20.  Chapter 812, relating to theft, robbery, and related

489

crimes.

490

     21.  Chapter 815, relating to computer-related crimes.

491

     22.  Chapter 817, relating to fraudulent practices, false

492

pretenses, fraud generally, and credit card crimes.

493

     23.  Section 827.071, relating to commercial sexual

494

exploitation of children.

495

     24.  Chapter 831, relating to forgery and counterfeiting.

496

     25.  Chapter 832, relating to issuance of worthless checks

497

and drafts.

498

     26.  Section 836.05, relating to extortion.

499

     27.  Chapter 837, relating to perjury.

500

     28.  Chapter 838, relating to bribery and misuse of public

501

office.

502

     29.  Chapter 843, relating to obstruction of justice.

503

     30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

504

s. 847.07, relating to obscene literature and profanity.

505

     31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

506

849.25, relating to gambling.

507

     32.  Chapter 893, relating to drug abuse prevention and

508

control.

509

     33.  Section 914.22 or s. 914.23, relating to witnesses,

510

victims, or informants.

511

     34.  Section 918.12 or s. 918.13, relating to tampering with

512

jurors and evidence.

513

     (2)  "Unlawful debt" means any money or other thing of value

514

constituting principal or interest of a debt that is legally

515

unenforceable in this state in whole or in part because the debt

516

was incurred or contracted:

517

     (a)  In violation of any one of the following provisions of

518

law:

519

     1. Section 550.235 or, s. 550.3551, or s. 550.3605,

520

relating to dogracing and horseracing.

521

     2.  Chapter 550, relating to jai alai frontons.

522

     3.  Section 687.071, relating to criminal usury, loan

523

sharking, and shylocking.

524

     4.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

525

849.25, relating to gambling.

526

     Section 14.  Paragraph (a) of subsection (1) and paragraph

527

(a) of subsection (2) of section 895.02, Florida Statutes, are

528

amended to read:

529

     895.02  Definitions.--As used in ss. 895.01-895.08, the

530

term:

531

     (1)  "Racketeering activity" means to commit, to attempt to

532

commit, to conspire to commit, or to solicit, coerce, or

533

intimidate another person to commit:

534

     (a)  Any crime that is chargeable by indictment or

535

information under the following provisions of the Florida

536

Statutes:

537

     1.  Section 210.18, relating to evasion of payment of

538

cigarette taxes.

539

     2.  Section 403.727(3)(b), relating to environmental

540

control.

541

     3.  Section 409.920 or s. 409.9201, relating to Medicaid

542

fraud.

543

     4.  Section 414.39, relating to public assistance fraud.

544

     5.  Section 440.105 or s. 440.106, relating to workers'

545

compensation.

546

     6.  Section 443.071(4), relating to creation of a fictitious

547

employer scheme to commit unemployment compensation fraud.

548

     7.  Section 465.0161, relating to distribution of medicinal

549

drugs without a permit as an Internet pharmacy.

550

     8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and

551

499.0691, relating to crimes involving contraband and adulterated

552

drugs.

553

     9.  Part IV of chapter 501, relating to telemarketing.

554

     10.  Chapter 517, relating to sale of securities and

555

investor protection.

556

     11. Section 550.235 or, s. 550.3551, or s. 550.3605,

557

relating to dogracing and horseracing.

558

     12.  Chapter 550, relating to jai alai frontons.

559

     13.  Section 551.109, relating to slot machine gaming.

560

     14.  Chapter 552, relating to the manufacture, distribution,

561

and use of explosives.

562

     15.  Chapter 560, relating to money transmitters, if the

563

violation is punishable as a felony.

564

     16.  Chapter 562, relating to beverage law enforcement.

565

     17.  Section 624.401, relating to transacting insurance

566

without a certificate of authority, s. 624.437(4)(c)1., relating

567

to operating an unauthorized multiple-employer welfare

568

arrangement, or s. 626.902(1)(b), relating to representing or

569

aiding an unauthorized insurer.

570

     18.  Section 655.50, relating to reports of currency

571

transactions, when such violation is punishable as a felony.

572

     19.  Chapter 687, relating to interest and usurious

573

practices.

574

     20.  Section 721.08, s. 721.09, or s. 721.13, relating to

575

real estate timeshare plans.

576

     21.  Chapter 782, relating to homicide.

577

     22.  Chapter 784, relating to assault and battery.

578

     23.  Chapter 787, relating to kidnapping or human

579

trafficking.

580

     24.  Chapter 790, relating to weapons and firearms.

581

     25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.

582

796.05, or s. 796.07, relating to prostitution and sex

583

trafficking.

584

     26.  Chapter 806, relating to arson.

585

     27.  Section 810.02(2)(c), relating to specified burglary of

586

a dwelling or structure.

587

     28.  Chapter 812, relating to theft, robbery, and related

588

crimes.

589

     29.  Chapter 815, relating to computer-related crimes.

590

     30.  Chapter 817, relating to fraudulent practices, false

591

pretenses, fraud generally, and credit card crimes.

592

     31.  Chapter 825, relating to abuse, neglect, or

593

exploitation of an elderly person or disabled adult.

594

     32.  Section 827.071, relating to commercial sexual

595

exploitation of children.

596

     33.  Chapter 831, relating to forgery and counterfeiting.

597

     34.  Chapter 832, relating to issuance of worthless checks

598

and drafts.

599

     35.  Section 836.05, relating to extortion.

600

     36.  Chapter 837, relating to perjury.

601

     37.  Chapter 838, relating to bribery and misuse of public

602

office.

603

     38.  Chapter 843, relating to obstruction of justice.

604

     39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

605

s. 847.07, relating to obscene literature and profanity.

606

     40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

607

849.25, relating to gambling.

608

     41.  Chapter 874, relating to criminal street gangs.

609

     42.  Chapter 893, relating to drug abuse prevention and

610

control.

611

     43.  Chapter 896, relating to offenses related to financial

612

transactions.

613

     44.  Sections 914.22 and 914.23, relating to tampering with

614

a witness, victim, or informant, and retaliation against a

615

witness, victim, or informant.

616

     45.  Sections 918.12 and 918.13, relating to tampering with

617

jurors and evidence.

618

     (2)  "Unlawful debt" means any money or other thing of value

619

constituting principal or interest of a debt that is legally

620

unenforceable in this state in whole or in part because the debt

621

was incurred or contracted:

622

     (a)  In violation of any one of the following provisions of

623

law:

624

     1. Section 550.235 or, s. 550.3551, or s. 550.3605,

625

relating to dogracing and horseracing.

626

     2.  Chapter 550, relating to jai alai frontons.

627

     3.  Section 551.109, relating to slot machine gaming.

628

     4.  Chapter 687, relating to interest and usury.

629

     5.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

630

849.25, relating to gambling.

631

     Section 15.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.