Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SPB 7072
       
       
       
       
       
       
                                Ì8971727Î897172                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  02/19/2016           .                                
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       The Committee on Regulated Industries (Negron) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1105 - 2309
    4  and insert:
    5         Section 15. Section 550.1752, Florida Statutes, is created
    6  to read:
    7         550.1752 Permit reduction program.—
    8         (1) The permit reduction program is created in the Division
    9  of Pari-mutuel Wagering for the purpose of purchasing and
   10  cancelling active pari-mutuel permits. The program shall be
   11  funded from revenue share payments made by the Seminole Tribe of
   12  Florida under the compact ratified by s. 285.710(3) and received
   13  by the state after October 31, 2015. Compact payments payable
   14  for the program shall be calculated on a monthly basis until
   15  such time as the division determines that sufficient funds are
   16  available to fund the program. The total funding allocated to
   17  the program may not exceed $20 million.
   18         (2) The division shall purchase pari-mutuel permits from
   19  pari-mutuel permitholders when sufficient moneys are available
   20  for such purchases. A pari-mutuel permitholder may not submit an
   21  offer to sell a permit unless it is actively conducting pari
   22  mutuel racing or jai alai as required by law and satisfies all
   23  applicable requirements for the permit. The division shall adopt
   24  by rule the form to be used by a pari-mutuel permitholder for an
   25  offer to sell a permit and shall establish a schedule for the
   26  consideration of offers.
   27         (3) The division shall establish the value of a pari-mutuel
   28  permit based upon the valuation of one or more independent
   29  appraisers selected by the division. The valuation of a permit
   30  must be based on the permit’s fair market value and may not
   31  include the value of the real estate or personal property. The
   32  division may establish a value for the permit that is lower than
   33  the amount determined by an independent appraiser but may not
   34  establish a higher value.
   35         (4) The division must accept the offer or offers that best
   36  utilize available funding; however, the division may also accept
   37  the offers that it determines are most likely to reduce the
   38  incidence of gaming in this state.
   39         (5) The division shall cancel any permit purchased under
   40  this section.
   41         (6) This section shall expire on July 1, 2018, unless
   42  reenacted by the Legislature.
   43         Section 16. Effective July 1, 2018, section 550.1752,
   44  Florida Statutes, as amended by this act, is amended to read:
   45         550.1752 Thoroughbred purse supplement Permit reduction
   46  program.—
   47         (1) The thoroughbred purse supplement permit reduction
   48  program is created in the Division of Pari-mutuel Wagering for
   49  the purpose of maintaining an active and viable live
   50  thoroughbred racing, owning, and breeding industry in the state
   51  purchasing and cancelling active pari-mutuel permits. The
   52  program shall be funded from revenue share payments made by the
   53  Seminole Tribe of Florida under the compact ratified by s.
   54  285.710(3) and received by the state after July 1, 2018 October
   55  31, 2015. Compact payments payable for the program shall be
   56  calculated on a monthly basis until such time as the division
   57  determines that sufficient funds are available to fund the
   58  program. The total annual funding allocated to the program is
   59  may not exceed $20 million.
   60         (2) The division shall purchase pari-mutuel permits from
   61  pari-mutuel permitholders when sufficient moneys are available
   62  for such purchases. A pari-mutuel permitholder may not submit an
   63  offer to sell a permit unless it is actively conducting pari
   64  mutuel racing or jai alai as required by law and satisfies all
   65  applicable requirements for the permit. The division shall adopt
   66  by rule the form to be used by a pari-mutuel permitholder for
   67  applying to receive purse assistance from the program to be used
   68  to supplement purses for its live racing meet an offer to sell a
   69  permit and shall establish a schedule for the consideration of
   70  offers.
   71         (3) The division shall distribute the purse supplement
   72  funds on a pro rata basis based upon the number of live race
   73  days to be conducted by each thoroughbred permitholder pursuant
   74  to its annual racing license establish the value of a pari
   75  mutuel permit based upon the valuation of one or more
   76  independent appraisers selected by the division. The valuation
   77  of a permit must be based on the permit’s fair market value and
   78  may not include the value of the real estate or personal
   79  property. The division may establish a value for the permit that
   80  is lower than the amount determined by an independent appraiser
   81  but may not establish a higher value.
   82         (4) If a thoroughbred permitholder fails to conduct a live
   83  race day, the thoroughbred permitholder must return the unused
   84  purse supplement fund allocated for that day, and the division
   85  shall reapportion the allocation of purse supplement funds to
   86  the remaining race days to be conducted during the state fiscal
   87  year by that thoroughbred permitholder The division must accept
   88  the offer or offers that best utilize available funding;
   89  however, the division may also accept the offers that it
   90  determines are most likely to reduce the incidence of gaming in
   91  this state.
   92         (5) The division may adopt rules necessary to implement
   93  this section shall cancel any permit purchased under this
   94  section.
   95         (6) This section shall expire on July 1, 2018, unless
   96  reenacted by the Legislature.
   97         Section 17. Section 550.2416, Florida Statutes, is created
   98  to read:
   99         550.2416Reporting of racing greyhound injuries.—
  100         (1)An injury to a racing greyhound which occurs while the
  101  greyhound is located in this state must be reported on a form
  102  adopted by the division within 7 days after the date on which
  103  the injury occurred or is believed to have occurred. The
  104  division may adopt rules defining the term “injury.”
  105         (2)The form shall be completed and signed under oath or
  106  affirmation by the:
  107         (a)Racetrack veterinarian or director of racing, if the
  108  injury occurred at the racetrack facility; or
  109         (b)Owner, trainer, or kennel operator who had knowledge of
  110  the injury, if the injury occurred at a location other than the
  111  racetrack facility, including during transportation.
  112         (3)The division may fine, suspend, or revoke the license
  113  of any individual who knowingly violates this section.
  114         (4)The form must include the following:
  115         (a)The greyhound’s registered name, right-ear and left-ear
  116  tattoo numbers, and, if any, the microchip manufacturer and
  117  number.
  118         (b)The name, business address, and telephone number of the
  119  greyhound owner, the trainer, and the kennel operator.
  120         (c)The color, weight, and sex of the greyhound.
  121         (d)The specific type and bodily location of the injury,
  122  the cause of the injury, and the estimated recovery time from
  123  the injury.
  124         (e)If the injury occurred when the greyhound was racing:
  125         1.The racetrack where the injury occurred;
  126         2.The distance, grade, race, and post position of the
  127  greyhound when the injury occurred; and
  128         3.The weather conditions, time, and track conditions when
  129  the injury occurred.
  130         (f)If the injury occurred when the greyhound was not
  131  racing:
  132         1.The location where the injury occurred, including, but
  133  not limited to, a kennel, a training facility, or a
  134  transportation vehicle; and
  135         2.The circumstances surrounding the injury.
  136         (g)Other information that the division determines is
  137  necessary to identify injuries to racing greyhounds in this
  138  state.
  139         (5)An injury form created pursuant to this section must be
  140  maintained as a public record by the division for at least 7
  141  years after the date it was received.
  142         (6)A licensee of the department who knowingly makes a
  143  false statement concerning an injury or fails to report an
  144  injury is subject to disciplinary action under this chapter or
  145  chapters 455 and 474.
  146         (7)This section does not apply to injuries to a service
  147  animal, personal pet, or greyhound that has been adopted as a
  148  pet.
  149         (8)The division shall adopt rules to implement this
  150  section.
  151         Section 18. Subsection (1) of section 550.26165, Florida
  152  Statutes, is amended to read:
  153         550.26165 Breeders’ awards.—
  154         (1) The purpose of this section is to encourage the
  155  agricultural activity of breeding and training racehorses in
  156  this state. Moneys dedicated in this chapter for use as
  157  breeders’ awards and stallion awards are to be used for awards
  158  to breeders of registered Florida-bred horses winning horseraces
  159  and for similar awards to the owners of stallions who sired
  160  Florida-bred horses winning stakes races, if the stallions are
  161  registered as Florida stallions standing in this state. Such
  162  awards shall be given at a uniform rate to all winners of the
  163  awards, may shall not be greater than 20 percent of the
  164  announced gross purse, and may shall not be less than 15 percent
  165  of the announced gross purse if funds are available. In
  166  addition, at least no less than 17 percent, but not nor more
  167  than 40 percent, as determined by the Florida Thoroughbred
  168  Breeders’ Association, of the moneys dedicated in this chapter
  169  for use as breeders’ awards and stallion awards for
  170  thoroughbreds shall be returned pro rata to the permitholders
  171  that generated the moneys for special racing awards to be
  172  distributed by the permitholders to owners of thoroughbred
  173  horses participating in prescribed thoroughbred stakes races,
  174  nonstakes races, or both, all in accordance with a written
  175  agreement establishing the rate, procedure, and eligibility
  176  requirements for such awards entered into by the permitholder,
  177  the Florida Thoroughbred Breeders’ Association, and the Florida
  178  Horsemen’s Benevolent and Protective Association, Inc., except
  179  that the plan for the distribution by any permitholder located
  180  in the area described in s. 550.615(7) s. 550.615(9) shall be
  181  agreed upon by that permitholder, the Florida Thoroughbred
  182  Breeders’ Association, and the association representing a
  183  majority of the thoroughbred racehorse owners and trainers at
  184  that location. Awards for thoroughbred races are to be paid
  185  through the Florida Thoroughbred Breeders’ Association, and
  186  awards for standardbred races are to be paid through the Florida
  187  Standardbred Breeders and Owners Association. Among other
  188  sources specified in this chapter, moneys for thoroughbred
  189  breeders’ awards will come from the 0.955 percent of handle for
  190  thoroughbred races conducted, received, broadcast, or simulcast
  191  under this chapter as provided in s. 550.2625(3). The moneys for
  192  quarter horse and harness breeders’ awards will come from the
  193  breaks and uncashed tickets on live quarter horse and harness
  194  horse racing performances and 1 percent of handle on intertrack
  195  wagering. The funds for these breeders’ awards shall be paid to
  196  the respective breeders’ associations by the permitholders
  197  conducting the races.
  198         Section 19. Section 550.3345, Florida Statutes, is amended
  199  to read:
  200         550.3345 Conversion of quarter horse permit to a Limited
  201  thoroughbred racing permit.—
  202         (1) In recognition of the important and long-standing
  203  economic contribution of the thoroughbred horse breeding
  204  industry to this state and the state’s vested interest in
  205  promoting the continued viability of this agricultural activity,
  206  the state intends to provide a limited opportunity for the
  207  conduct of live thoroughbred horse racing with the net revenues
  208  from such racing dedicated to the enhancement of thoroughbred
  209  purses and breeders’, stallion, and special racing awards under
  210  this chapter; the general promotion of the thoroughbred horse
  211  breeding industry; and the care in this state of thoroughbred
  212  horses retired from racing.
  213         (2) A limited thoroughbred racing permit previously
  214  converted from Notwithstanding any other provision of law, the
  215  holder of a quarter horse racing permit pursuant to chapter
  216  2010-29, Laws of Florida, issued under s. 550.334 may only be
  217  held by, within 1 year after the effective date of this section,
  218  apply to the division for a transfer of the quarter horse racing
  219  permit to a not-for-profit corporation formed under state law to
  220  serve the purposes of the state as provided in subsection (1).
  221  The board of directors of the not-for-profit corporation must be
  222  composed comprised of 11 members, 4 of whom shall be designated
  223  by the applicant, 4 of whom shall be designated by the Florida
  224  Thoroughbred Breeders’ Association, and 3 of whom shall be
  225  designated by the other 8 directors, with at least 1 of these 3
  226  members being an authorized representative of another
  227  thoroughbred racing permitholder in this state. A limited
  228  thoroughbred racing The not-for-profit corporation shall submit
  229  an application to the division for review and approval of the
  230  transfer in accordance with s. 550.054. Upon approval of the
  231  transfer by the division, and notwithstanding any other
  232  provision of law to the contrary, the not-for-profit corporation
  233  may, within 1 year after its receipt of the permit, request that
  234  the division convert the quarter horse racing permit to a permit
  235  authorizing the holder to conduct pari-mutuel wagering meets of
  236  thoroughbred racing. Neither the transfer of the quarter horse
  237  racing permit nor its conversion to a limited thoroughbred
  238  permit shall be subject to the mileage limitation or the
  239  ratification election as set forth under s. 550.054(2) or s.
  240  550.0651. Upon receipt of the request for such conversion, the
  241  division shall timely issue a converted permit. The converted
  242  permit and the not-for-profit corporation are shall be subject
  243  to the following requirements:
  244         (a) All net revenues derived by the not-for-profit
  245  corporation under the thoroughbred horse racing permit, after
  246  the funding of operating expenses and capital improvements,
  247  shall be dedicated to the enhancement of thoroughbred purses and
  248  breeders’, stallion, and special racing awards under this
  249  chapter; the general promotion of the thoroughbred horse
  250  breeding industry; and the care in this state of thoroughbred
  251  horses retired from racing.
  252         (b) From December 1 through April 30, no live thoroughbred
  253  racing may not be conducted under the permit on any day during
  254  which another thoroughbred racing permitholder is conducting
  255  live thoroughbred racing within 125 air miles of the not-for
  256  profit corporation’s pari-mutuel facility unless the other
  257  thoroughbred racing permitholder gives its written consent.
  258         (c) After the conversion of the quarter horse racing permit
  259  and the issuance of its initial license to conduct pari-mutuel
  260  wagering meets of thoroughbred racing, the not-for-profit
  261  corporation shall annually apply to the division for a license
  262  pursuant to s. 550.5251.
  263         (d) Racing under the permit may take place only at the
  264  location for which the original quarter horse racing permit was
  265  issued, which may be leased by the not-for-profit corporation
  266  for that purpose; however, the not-for-profit corporation may,
  267  without the conduct of any ratification election pursuant to s.
  268  550.054(13) or s. 550.0651, move the location of the permit to
  269  another location in the same county or counties, if a permit is
  270  situated in such a manner that it is located in more than one
  271  county, provided that such relocation is approved under the
  272  zoning and land use regulations of the applicable county or
  273  municipality.
  274         (e) A limited thoroughbred racing No permit may not be
  275  transferred converted under this section is eligible for
  276  transfer to another person or entity.
  277         (3) Unless otherwise provided in this section, after
  278  conversion, the permit and the not-for-profit corporation shall
  279  be treated under the laws of this state as a thoroughbred racing
  280  permit and as a thoroughbred racing permitholder, respectively,
  281  with the exception of ss. 550.054(9)(c) and (d) and s.
  282  550.09515(3).
  283         Section 20. Subsection (6) of section 550.3551, Florida
  284  Statutes, is amended to read:
  285         550.3551 Transmission of racing and jai alai information;
  286  commingling of pari-mutuel pools.—
  287         (6)(a) A maximum of 20 percent of the total number of races
  288  on which wagers are accepted by a greyhound permitholder not
  289  located as specified in s. 550.615(6) may be received from
  290  locations outside this state. A permitholder may not conduct
  291  fewer than eight live races or games on any authorized race day
  292  except as provided in this subsection. A thoroughbred racing
  293  permitholder may not conduct fewer than eight live races on any
  294  race day without the written approval of the Florida
  295  Thoroughbred Breeders’ Association and the Florida Horsemen’s
  296  Benevolent and Protective Association, Inc., unless it is
  297  determined by the department that another entity represents a
  298  majority of the thoroughbred racehorse owners and trainers in
  299  the state. A harness horse racing permitholder may conduct fewer
  300  than eight live races on any authorized race day, except that
  301  such permitholder must conduct a full schedule of live racing
  302  during its race meet consisting of at least eight live races per
  303  authorized race day for at least 100 days. Any harness horse
  304  permitholder that during the preceding racing season conducted a
  305  full schedule of live racing may, at any time during its current
  306  race meet, receive full-card broadcasts of harness horse races
  307  conducted at harness racetracks outside this state at the
  308  harness track of the permitholder and accept wagers on such
  309  harness races. With specific authorization from the division for
  310  special racing events, a permitholder may conduct fewer than
  311  eight live races or games when the permitholder also broadcasts
  312  out-of-state races or games. The division may not grant more
  313  than two such exceptions a year for a permitholder in any 12
  314  month period, and those two exceptions may not be consecutive.
  315         (b) Notwithstanding any other provision of this chapter,
  316  any harness horse racing permitholder accepting broadcasts of
  317  out-of-state harness horse races when such permitholder is not
  318  conducting live races must make the out-of-state signal
  319  available to all permitholders eligible to conduct intertrack
  320  wagering and shall pay to guest tracks located as specified in
  321  s. ss. 550.615(6) and 550.6305(9)(d) 50 percent of the net
  322  proceeds after taxes and fees to the out-of-state host track on
  323  harness horse race wagers which they accept. A harness horse
  324  racing permitholder shall be required to pay into its purse
  325  account 50 percent of the net income retained by the
  326  permitholder on account of wagering on the out-of-state
  327  broadcasts received pursuant to this subsection. Nine-tenths of
  328  a percent of all harness horse race wagering proceeds on the
  329  broadcasts received pursuant to this subsection shall be paid to
  330  the Florida Standardbred Breeders and Owners Association under
  331  the provisions of s. 550.2625(4) for the purposes provided
  332  therein.
  333         Section 21. Subsection (4) of section 550.375, Florida
  334  Statutes, is amended to read:
  335         550.375 Operation of certain harness tracks.—
  336         (4) The permitholder conducting a harness horse race meet
  337  must pay the daily license fee, the admission tax, the tax on
  338  breaks, and the tax on pari-mutuel handle provided in s.
  339  550.0951 and is subject to all penalties and sanctions provided
  340  in s. 550.0951(7) s. 550.0951(6).
  341         Section 22. Section 550.475, Florida Statutes, is amended
  342  to read:
  343         550.475 Lease of pari-mutuel facilities by pari-mutuel
  344  permitholders.—Holders of valid pari-mutuel permits for the
  345  conduct of any jai alai games, dogracing, or thoroughbred and
  346  standardbred horse racing in this state are entitled to lease
  347  any and all of their facilities to any other holder of a same
  348  class, valid pari-mutuel permit for jai alai games, dogracing,
  349  or thoroughbred or standardbred horse racing, when they are
  350  located within a 35-mile radius of each other,; and such lessee
  351  is entitled to a permit and license to operate its race meet or
  352  jai alai games at the leased premises. A permitholder may not
  353  lease facilities from a pari-mutuel permitholder that is not
  354  conducting a full schedule of live racing.
  355         Section 23. Subsection (1) of section 550.5251, Florida
  356  Statutes, is amended, and present subsections (2) and (3) of
  357  that section are redesignated as subsections (1) and (2),
  358  respectively, to read:
  359         550.5251 Florida thoroughbred racing; certain permits;
  360  operating days.—
  361         (1)Each thoroughbred permitholder shall annually, during
  362  the period commencing December 15 of each year and ending
  363  January 4 of the following year, file in writing with the
  364  division its application to conduct one or more thoroughbred
  365  racing meetings during the thoroughbred racing season commencing
  366  on the following July 1. Each application shall specify the
  367  number and dates of all performances that the permitholder
  368  intends to conduct during that thoroughbred racing season. On or
  369  before March 15 of each year, the division shall issue a license
  370  authorizing each permitholder to conduct performances on the
  371  dates specified in its application. Up to February 28 of each
  372  year, each permitholder may request and shall be granted changes
  373  in its authorized performances; but thereafter, as a condition
  374  precedent to the validity of its license and its right to retain
  375  its permit, each permitholder must operate the full number of
  376  days authorized on each of the dates set forth in its license.
  377         Section 24. Subsections (2), (4), (6), and (7) of section
  378  550.615, Florida Statutes, are amended, present subsections (8),
  379  (9), and (10) of that section are redesignated as subsections
  380  (6), (7), and (8), respectively, present subsection (9) of that
  381  section is amended, and a new subsection (9) is added to that
  382  section, to read:
  383         550.615 Intertrack wagering.—
  384         (2) A Any track or fronton licensed under this chapter
  385  which has conducted a full schedule of live racing for at least
  386  5 consecutive calendar years since 2010 in the preceding year
  387  conducted a full schedule of live racing is qualified to, at any
  388  time, receive broadcasts of any class of pari-mutuel race or
  389  game and accept wagers on such races or games conducted by any
  390  class of permitholders licensed under this chapter.
  391         (4) An In no event shall any intertrack wager may not be
  392  accepted on the same class of live races or games of any
  393  permitholder without the written consent of such operating
  394  permitholders conducting the same class of live races or games
  395  if the guest track is within the market area of such operating
  396  permitholder. A greyhound racing permitholder licensed under
  397  this chapter which accepts intertrack wagers on live greyhound
  398  signals is not required to obtain the written consent required
  399  by this subsection from any operating greyhound racing
  400  permitholder within its market area.
  401         (6) Notwithstanding the provisions of subsection (3), in
  402  any area of the state where there are three or more horserace
  403  permitholders within 25 miles of each other, intertrack wagering
  404  between permitholders in said area of the state shall only be
  405  authorized under the following conditions: Any permitholder,
  406  other than a thoroughbred permitholder, may accept intertrack
  407  wagers on races or games conducted live by a permitholder of the
  408  same class or any harness permitholder located within such area
  409  and any harness permitholder may accept wagers on games
  410  conducted live by any jai alai permitholder located within its
  411  market area and from a jai alai permitholder located within the
  412  area specified in this subsection when no jai alai permitholder
  413  located within its market area is conducting live jai alai
  414  performances; any greyhound or jai alai permitholder may receive
  415  broadcasts of and accept wagers on any permitholder of the other
  416  class provided that a permitholder, other than the host track,
  417  of such other class is not operating a contemporaneous live
  418  performance within the market area.
  419         (7) In any county of the state where there are only two
  420  permits, one for dogracing and one for jai alai, no intertrack
  421  wager may be taken during the period of time when a permitholder
  422  is not licensed to conduct live races or games without the
  423  written consent of the other permitholder that is conducting
  424  live races or games. However, if neither permitholder is
  425  conducting live races or games, either permitholder may accept
  426  intertrack wagers on horseraces or on the same class of races or
  427  games, or on both horseraces and the same class of races or
  428  games as is authorized by its permit.
  429         (7)(9) In any two contiguous counties of the state in which
  430  there are located only four active permits, one for thoroughbred
  431  horse racing, two for greyhound racing dogracing, and one for
  432  jai alai games, an no intertrack wager may not be accepted on
  433  the same class of live races or games of any permitholder
  434  without the written consent of such operating permitholders
  435  conducting the same class of live races or games if the guest
  436  track is within the market area of such operating permitholder.
  437         (9) A greyhound racing permitholder that is eligible to
  438  receive broadcasts pursuant to subsection (2) and is operating
  439  pursuant to a current year operating license that specifies that
  440  no live performances will be conducted may accept wagers on live
  441  races conducted at out-of-state greyhound tracks only on the
  442  days when the permitholder receives all live races that any
  443  greyhound host track in this state makes available.
  444         Section 25. Subsections (1), (4), and (5) of section
  445  550.6308, Florida Statutes, are amended to read:
  446         550.6308 Limited intertrack wagering license.—In
  447  recognition of the economic importance of the thoroughbred
  448  breeding industry to this state, its positive impact on tourism,
  449  and of the importance of a permanent thoroughbred sales facility
  450  as a key focal point for the activities of the industry, a
  451  limited license to conduct intertrack wagering is established to
  452  ensure the continued viability and public interest in
  453  thoroughbred breeding in Florida.
  454         (1) Upon application to the division on or before January
  455  31 of each year, any person that is licensed to conduct public
  456  sales of thoroughbred horses pursuant to s. 535.01 and, that has
  457  conducted at least 8 15 days of thoroughbred horse sales at a
  458  permanent sales facility in this state for at least 3
  459  consecutive years, and that has conducted at least 1 day of
  460  nonwagering thoroughbred racing in this state, with a purse
  461  structure of at least $250,000 per year for 2 consecutive years
  462  before such application, shall be issued a license, subject to
  463  the conditions set forth in this section, to conduct intertrack
  464  wagering at such a permanent sales facility during the following
  465  periods:
  466         (a) Up to 21 days in connection with thoroughbred sales;
  467         (b) Between November 1 and May 8;
  468         (c) Between May 9 and October 31 at such times and on such
  469  days as any thoroughbred, jai alai, or a greyhound permitholder
  470  in the same county is not conducting live performances; provided
  471  that any such permitholder may waive this requirement, in whole
  472  or in part, and allow the licensee under this section to conduct
  473  intertrack wagering during one or more of the permitholder’s
  474  live performances; and
  475         (d) During the weekend of the Kentucky Derby, the
  476  Preakness, the Belmont, and a Breeders’ Cup Meet that is
  477  conducted before November 1 and after May 8.
  478  
  479  Only No more than one such license may be issued, and no such
  480  license may be issued for a facility located within 50 miles of
  481  any for-profit thoroughbred permitholder’s track.
  482         (4) Intertrack wagering under this section may be conducted
  483  only on thoroughbred horse racing, except that intertrack
  484  wagering may be conducted on any class of pari-mutuel race or
  485  game conducted by any class of permitholders licensed under this
  486  chapter if all thoroughbred, jai alai, and greyhound
  487  permitholders in the same county as the licensee under this
  488  section give their consent.
  489         (4)(5) The licensee shall be considered a guest track under
  490  this chapter. The licensee shall pay 2.5 percent of the total
  491  contributions to the daily pari-mutuel pool on wagers accepted
  492  at the licensee’s facility on greyhound races or jai alai games
  493  to the thoroughbred permitholder that is conducting live races
  494  for purses to be paid during its current racing meet. If more
  495  than one thoroughbred permitholder is conducting live races on a
  496  day during which the licensee is conducting intertrack wagering
  497  on greyhound races or jai alai games, the licensee shall
  498  allocate these funds between the operating thoroughbred
  499  permitholders on a pro rata basis based on the total live handle
  500  at the operating permitholders’ facilities.
  501         Section 26. Section 551.101, Florida Statutes, is amended
  502  to read:
  503         551.101 Slot machine gaming authorized.—A Any licensed
  504  eligible pari-mutuel facility located in Miami-Dade County or
  505  Broward County existing at the time of adoption of s. 23, Art. X
  506  of the State Constitution that has conducted live racing or
  507  games during calendar years 2002 and 2003 may possess slot
  508  machines and conduct slot machine gaming at the location where
  509  the pari-mutuel permitholder is authorized to conduct pari
  510  mutuel wagering activities pursuant to such permitholder’s valid
  511  pari-mutuel permit or as otherwise authorized by law provided
  512  that a majority of voters in a countywide referendum have
  513  approved slot machines at such facility in the respective
  514  county. Notwithstanding any other provision of law, it is not a
  515  crime for a person to participate in slot machine gaming at a
  516  pari-mutuel facility licensed to possess slot machines and
  517  conduct slot machine gaming or to participate in slot machine
  518  gaming described in this chapter.
  519         Section 27. Subsections (4), (10), and (11) of section
  520  551.102, Florida Statutes, are amended to read:
  521         551.102 Definitions.—As used in this chapter, the term:
  522         (4) “Eligible facility” means a any licensed pari-mutuel
  523  facility located in Miami-Dade County or Broward County existing
  524  at the time of adoption of s. 23, Art. X of the State
  525  Constitution which that has conducted live racing or games
  526  during calendar years 2002 and 2003 and has been approved by a
  527  majority of voters in a countywide referendum to have slot
  528  machines at such facility in the respective county; any licensed
  529  pari-mutuel facility located within a county as defined in s.
  530  125.011, provided such facility has conducted live racing for 2
  531  consecutive calendar years immediately preceding its application
  532  for a slot machine license, pays the required license fee, and
  533  meets the other requirements of this chapter; or any licensed
  534  pari-mutuel facility in any other county in which a majority of
  535  voters have approved slot machines at such facilities in a
  536  countywide referendum, if such facility held pursuant to a
  537  statutory or constitutional authorization after the effective
  538  date of this section in the respective county, provided such
  539  facility has conducted a full schedule of live racing for 2
  540  consecutive calendar years immediately preceding its application
  541  for a slot machine license, pays the required license licensed
  542  fee, and meets the other requirements of this chapter.
  543         (10) “Slot machine license” means a license issued by the
  544  division authorizing a pari-mutuel permitholder to place and
  545  operate slot machines as provided in by s. 23, Art. X of the
  546  State Constitution, the provisions of this chapter, and by
  547  division rule rules.
  548         (11) “Slot machine licensee” means a pari-mutuel
  549  permitholder that who holds a license issued by the division
  550  pursuant to this chapter which that authorizes such person to
  551  possess a slot machine within facilities specified in s. 23,
  552  Art. X of the State Constitution and allows slot machine gaming.
  553         Section 28. Subsections (1) and (2), paragraph (c) of
  554  subsection (4), and paragraphs (a) and (c) of subsection (10) of
  555  section 551.104, Florida Statutes, are amended to read:
  556         551.104 License to conduct slot machine gaming.—
  557         (1) Upon application, and a finding by the division, after
  558  investigation, that the application is complete and that the
  559  applicant is qualified, and payment of the initial license fee,
  560  the division may issue a license to conduct slot machine gaming
  561  in the designated slot machine gaming area of the eligible
  562  facility. Once licensed, slot machine gaming may be conducted
  563  subject to the requirements of this chapter and rules adopted
  564  pursuant thereto. The division may not issue a slot machine
  565  license to any pari-mutuel permitholder that includes, or
  566  previously included within its ownership group, an ultimate
  567  equitable owner that was also an ultimate equitable owner of a
  568  pari-mutuel permitholder whose permit was voluntarily or
  569  involuntarily surrendered, suspended, or revoked by the division
  570  within 10 years before the date of permitholder’s filing of an
  571  application for a slot machine license.
  572         (2) An application may be approved by the division only
  573  after the voters of the county where the applicant’s eligible
  574  facility is located have authorized by referendum slot machines
  575  within pari-mutuel facilities in that county as specified in s.
  576  23, Art. X of the State Constitution.
  577         (4) As a condition of licensure and to maintain continued
  578  authority for the conduct of slot machine gaming, the slot
  579  machine licensee shall:
  580         (c)1. If conducting live racing or games, conduct no fewer
  581  than a full schedule of live racing or games as defined in s.
  582  550.002(11). A permitholder’s responsibility to conduct a full
  583  schedule such number of live races or games shall be reduced by
  584  the number of races or games that could not be conducted due to
  585  the direct result of fire, war, hurricane, or other disaster or
  586  event beyond the control of the permitholder. The races or games
  587  may be conducted at the facility of the slot machine licensee or
  588  at another pari-mutuel facility leased pursuant to s. 550.3345;
  589  or
  590         2. If not licensed to conduct a full schedule of live
  591  racing or games, remit for the payment of purses on live races
  592  an amount equal to the lesser of $2 million or 3 percent of its
  593  slot machine revenues from the previous state fiscal year to a
  594  slot machine licensee licensed to conduct not fewer than 160
  595  days of thoroughbred racing. If no slot machine licensee is
  596  licensed for at least 160 days of live thoroughbred racing, no
  597  payments for purses are required. A slot machine licensee that
  598  meets the requirements of subsection (10) shall receive a
  599  dollar-for-dollar credit to be applied toward the payments
  600  required under this subparagraph which are made pursuant to the
  601  binding agreement after the effective date of this act.
  602         (10)(a)1.A No slot machine license or renewal thereof may
  603  not shall be issued to an applicant holding a permit under
  604  chapter 550 to conduct pari-mutuel wagering meets of
  605  thoroughbred racing unless the applicant has on file with the
  606  division a binding written agreement between the applicant and
  607  the Florida Horsemen’s Benevolent and Protective Association,
  608  Inc., governing the payment of purses on live thoroughbred races
  609  conducted at the licensee’s pari-mutuel facility. In addition, a
  610  no slot machine license or renewal thereof may not shall be
  611  issued to such an applicant unless the applicant has on file
  612  with the division a binding written agreement between the
  613  applicant and the Florida Thoroughbred Breeders’ Association,
  614  Inc., governing the payment of breeders’, stallion, and special
  615  racing awards on live thoroughbred races conducted at the
  616  licensee’s pari-mutuel facility. The agreement governing purses
  617  and the agreement governing awards may direct the payment of
  618  such purses and awards from revenues generated by any wagering
  619  or gaming the applicant is authorized to conduct under Florida
  620  law. All purses and awards are shall be subject to the terms of
  621  chapter 550. All sums for breeders’, stallion, and special
  622  racing awards shall be remitted monthly to the Florida
  623  Thoroughbred Breeders’ Association, Inc., for the payment of
  624  awards subject to the administrative fee authorized in s.
  625  550.2625(3). This paragraph does not apply to a summer
  626  thoroughbred racing permitholder.
  627         2. No slot machine license or renewal thereof shall be
  628  issued to an applicant holding a permit under chapter 550 to
  629  conduct pari-mutuel wagering meets of quarter horse racing
  630  unless the applicant has on file with the division a binding
  631  written agreement between the applicant and the Florida Quarter
  632  Horse Racing Association or the association representing a
  633  majority of the horse owners and trainers at the applicant’s
  634  eligible facility, governing the payment of purses on live
  635  quarter horse races conducted at the licensee’s pari-mutuel
  636  facility. The agreement governing purses may direct the payment
  637  of such purses from revenues generated by any wagering or gaming
  638  the applicant is authorized to conduct under Florida law. All
  639  purses shall be subject to the terms of chapter 550.
  640         (c)1. If an agreement required under paragraph (a) cannot
  641  be reached prior to the initial issuance of the slot machine
  642  license, either party may request arbitration or, in the case of
  643  a renewal, if an agreement required under paragraph (a) is not
  644  in place 120 days prior to the scheduled expiration date of the
  645  slot machine license, the applicant shall immediately ask the
  646  American Arbitration Association to furnish a list of 11
  647  arbitrators, each of whom shall have at least 5 years of
  648  commercial arbitration experience and no financial interest in
  649  or prior relationship with any of the parties or their
  650  affiliated or related entities or principals. Each required
  651  party to the agreement shall select a single arbitrator from the
  652  list provided by the American Arbitration Association within 10
  653  days of receipt, and the individuals so selected shall choose
  654  one additional arbitrator from the list within the next 10 days.
  655         2. If an agreement required under paragraph (a) is not in
  656  place 60 days after the request under subparagraph 1. in the
  657  case of an initial slot machine license or, in the case of a
  658  renewal, 60 days prior to the scheduled expiration date of the
  659  slot machine license, the matter shall be immediately submitted
  660  to mandatory binding arbitration to resolve the disagreement
  661  between the parties. The three arbitrators selected pursuant to
  662  subparagraph 1. shall constitute the panel that shall arbitrate
  663  the dispute between the parties pursuant to the American
  664  Arbitration Association Commercial Arbitration Rules and chapter
  665  682.
  666         3. At the conclusion of the proceedings, which shall be no
  667  later than 90 days after the request under subparagraph 1. in
  668  the case of an initial slot machine license or, in the case of a
  669  renewal, 30 days prior to the scheduled expiration date of the
  670  slot machine license, the arbitration panel shall present to the
  671  parties a proposed agreement that the majority of the panel
  672  believes equitably balances the rights, interests, obligations,
  673  and reasonable expectations of the parties. The parties shall
  674  immediately enter into such agreement, which shall satisfy the
  675  requirements of paragraph (a) and permit issuance of the pending
  676  annual slot machine license or renewal. The agreement produced
  677  by the arbitration panel under this subparagraph shall be
  678  effective until the last day of the license or renewal period or
  679  until the parties enter into a different agreement. Each party
  680  shall pay its respective costs of arbitration and shall pay one
  681  half of the costs of the arbitration panel, unless the parties
  682  otherwise agree. If the agreement produced by the arbitration
  683  panel under this subparagraph remains in place 120 days prior to
  684  the scheduled issuance of the next annual license renewal, then
  685  the arbitration process established in this paragraph will begin
  686  again.
  687         4. In the event that neither of the agreements required
  688  under subparagraph (a)1. or the agreement required under
  689  subparagraph (a)2. are in place by the deadlines established in
  690  this paragraph, arbitration regarding each agreement will
  691  proceed independently, with separate lists of arbitrators,
  692  arbitration panels, arbitration proceedings, and resulting
  693  agreements.
  694         5. With respect to the agreements required under paragraph
  695  (a) governing the payment of purses, the arbitration and
  696  resulting agreement called for under this paragraph shall be
  697  limited to the payment of purses from slot machine revenues
  698  only.
  699         Section 29. Effective July 1, 2036, paragraph (c) of
  700  subsection (4) of section 551.104, Florida Statutes, as amended
  701  by this act, is amended to read:
  702         551.104 License to conduct slot machine gaming.—
  703         (4) As a condition of licensure and to maintain continued
  704  authority for the conduct of slot machine gaming, the slot
  705  machine licensee shall:
  706         (c)1. If conducting live racing or games, conduct no fewer
  707  than a full schedule of live racing or games as defined in s.
  708  550.002(11). A permitholder’s responsibility to conduct a full
  709  schedule of live races or games shall be reduced by the number
  710  of races or games that could not be conducted due to the direct
  711  result of fire, war, hurricane, or other disaster or event
  712  beyond the control of the permitholder. The races or games may
  713  be conducted at the facility of the slot machine licensee or at
  714  another pari-mutuel facility leased pursuant to s. 550.3345.; or
  715         2. If not licensed to conduct a full schedule of live
  716  racing or games, remit for the payment of purses on live races
  717  an amount equal to the lesser of $2 million or 3 percent of its
  718  slot machine revenues from the previous state fiscal year to a
  719  slot machine licensee licensed to conduct not fewer than 160
  720  days of thoroughbred racing. If no slot machine licensee is
  721  licensed for at least 160 days of live thoroughbred racing, no
  722  payments for purses are required. A slot machine licensee that
  723  meets the requirements of subsection (10) shall receive a
  724  dollar-for-dollar credit to be applied toward the payments
  725  required under this subparagraph which are made pursuant to the
  726  binding agreement after the effective date of this act.
  727         Section 30. Section 551.1042, Florida Statutes, is created
  728  to read:
  729         551.1042Transfer or relocation of slot machine license
  730  prohibited.—A slot machine license issued under this chapter may
  731  not be transferred or reissued when such reissuance is in the
  732  nature of a transfer so as to permit or authorize a licensee to
  733  change the location of a slot machine facility.
  734         Section 31. Section 551.1043, Florida Statutes, is created
  735  to read:
  736         551.1043 Slot machine license to enhance live pari-mutuel
  737  activity.—In recognition of the important and long-standing
  738  economic contribution of the pari-mutuel industry to this state
  739  and the state’s vested interest in the revenue generated
  740  therefrom and in the interest of promoting the continued
  741  viability of the important statewide agricultural activities
  742  that the industry supports, the Legislature finds that it is in
  743  the state’s interest to provide a limited opportunity for the
  744  establishment of an additional slot machine license to be
  745  awarded and renewed annually to a pari-mutuel permitholder
  746  located within a county as defined in s. 125.011.
  747         (1)(a) Within 120 days after the effective date of this
  748  act, any pari-mutuel permitholder that is located in a county as
  749  defined in s. 125.011 and that is not a slot machine licensee
  750  may apply to the division pursuant to s. 551.104 for the slot
  751  machine license created by this section.
  752         (b) The application shall be accompanied by a license
  753  application fee of $2 million, which is nonrefundable. The
  754  license application fee shall be deposited into the Pari-mutuel
  755  Wagering Trust Fund of the Department of Business and
  756  Professional Regulation to be used by the division and the
  757  Department of Law Enforcement for investigations, the regulation
  758  of slot machine gaming, and the enforcement of slot machine
  759  gaming under this chapter. In the event of a successful award,
  760  the application fee shall be credited toward the license fee
  761  required by s. 551.106.
  762         (2) If there is more than one applicant for the new slot
  763  machine license, the division shall award the license to the
  764  applicant that receives the highest score based on the following
  765  criteria:
  766         (a) The amount of slot machine revenues to be dedicated to
  767  the enhancement of pari-mutuel purses; breeder’s, stallion, and
  768  special racing or player awards to be awarded to pari-mutuel
  769  activities conducted pursuant to chapter 550;
  770         (b) The amount of slot machine revenues to be dedicated to
  771  the general promotion of the state’s pari-mutuel industry;
  772         (c) The amount of slot machine revenues to be dedicated to
  773  care provided in this state to injured or retired animals,
  774  jockeys, or jai alai players;
  775         (d) The amount by which the proposed slot machine facility
  776  will increase tourism, generate jobs, provide revenue to the
  777  local economy, and provide revenue to the state. The applicant
  778  and its partners shall document their previous experience in
  779  constructing premier facilities with high-quality amenities
  780  which complement a local tourism industry;
  781         (e) The financial history of the applicant and its partners
  782  in making capital investments in slot machine gaming and pari
  783  mutuel facilities and its bona fide plan for future community
  784  involvement and financial investment;
  785         (f) The history of investment by the applicant and its
  786  partners in the communities in which its previous developments
  787  have been located;
  788         (g) The ability to purchase and maintain a surety bond in
  789  an amount established by the division to represent the projected
  790  annual revenues generated by the proposed slot machine facility;
  791         (h) The ability to demonstrate the financial wherewithal to
  792  adequately capitalize, develop, construct, maintain, and operate
  793  a proposed slot machine facility. The applicant must demonstrate
  794  the ability to commit not less than $100 million for hard costs
  795  related to construction and development of the facility,
  796  exclusive of the purchase price and costs associated with the
  797  acquisition of real property and any impact fees. The applicant
  798  must also demonstrate the ability to meet any projected secured
  799  and unsecured debt obligations and to complete construction
  800  within 2 years after receiving the award of the slot machine
  801  license;
  802         (i) The ability to implement a program to train and employ
  803  residents of South Florida to work at the facility and contract
  804  with local business owners for goods and services; and
  805         (j) The ability to generate, with its partners, substantial
  806  gross gaming revenue following the award of gaming licenses
  807  through a competitive bidding process.
  808  
  809  The division shall award additional points in the evaluation of
  810  the applications for proposed projects located within 0.5 miles
  811  of two forms of public transportation and located in a
  812  designated community redevelopment area or district.
  813         (3)(a) Notwithstanding the timeframes established in s.
  814  120.60, the division shall complete its evaluations at least 120
  815  days after the submission of applications and shall notice its
  816  intent to award the license within that timeframe. Within 30
  817  days after the submission of an application, the division shall
  818  issue, if necessary, requests for additional information or any
  819  notices of deficiency to the applicant, who must respond within
  820  15 days. Failure to timely and sufficiently respond to such
  821  requests or to correct identified deficiencies is grounds for
  822  denial of the application.
  823         (b) Any protest of the intent to award the license shall be
  824  forwarded to the Division of Administrative Hearings, which
  825  shall conduct an administrative hearing on the matter before an
  826  administrative law judge at least 30 days after the notice of
  827  intent to award. The administrative law judge shall issue a
  828  proposed recommended order at least 30 days after the completion
  829  of the final hearing. The division shall issue a final order at
  830  least 15 days after receipt of the proposed recommended order.
  831         (c) Any appeal of a license denial shall be made to the
  832  First District Court of Appeal and must be accompanied by the
  833  posting of a supersedeas bond in an amount determined by the
  834  division to be equal to the amount of projected annual slot
  835  machine revenue to be generated by the successful licensee.
  836         (4) The division is authorized to adopt emergency rules
  837  pursuant to s. 120.54 to implement this section. The Legislature
  838  finds that such emergency rulemaking power is necessary for the
  839  preservation of the rights and welfare of the people in order to
  840  provide additional funds to benefit the public. The Legislature
  841  further finds that the unique nature of the competitive award of
  842  the slot machine license under this section requires that the
  843  department respond as quickly as is practicable to implement
  844  this section. Therefore, in adopting such emergency rules, the
  845  division is exempt from s. 120.54(4)(a). Emergency rules adopted
  846  under this section are exempt from s. 120.54(4)(c) and shall
  847  remain in effect until replaced by other emergency rules or by
  848  rules adopted pursuant to chapter 120.
  849         Section 32. Section 551.1044, Florida Statutes, is created
  850  to read:
  851         551.1044 House banked blackjack table games authorized.—
  852         (1) The pari-mutuel permitholder of each of the following
  853  pari-mutuel wagering facilities may operate up to 25 house
  854  banked blackjack table games at the permitholder’s facility:
  855         (a) A licensed pari-mutuel facility where live racing or
  856  games were conducted during calendar years 2002 and 2003,
  857  located in Miami-Dade County or Broward County, and authorized
  858  for slot machine licensure pursuant to s. 23, Art. X of the
  859  State Constitution; and
  860         (b) A licensed pari-mutuel facility where a full schedule
  861  of live horseracing has been conducted for 2 consecutive
  862  calendar years immediately preceding its application for a slot
  863  machine license and located within a county as defined in s.
  864  125.011.
  865         (2) Wagers on authorized house banked blackjack table games
  866  may not exceed $100 for each initial two card wager. Subsequent
  867  wagers on splits or double downs are allowed but may not exceed
  868  the initial two card wager. Single side bets of not more than $5
  869  are also allowed.
  870         Section 33. Subsection (1) and paragraph (a) of subsection
  871  (2) of section 551.106, Florida Statutes, are amended to read:
  872         551.106 License fee; tax rate; penalties.—
  873         (1) LICENSE FEE.—
  874         (a) Upon submission of the initial application for a slot
  875  machine license and annually thereafter, on the anniversary date
  876  of the issuance of the initial license, the licensee must pay to
  877  the division a nonrefundable license fee of $3 million for the
  878  succeeding 12 months of licensure. In the 2010-2011 fiscal year,
  879  the licensee must pay the division a nonrefundable license fee
  880  of $2.5 million for the succeeding 12 months of licensure. In
  881  the 2011-2012 fiscal year and for every fiscal year thereafter,
  882  the licensee must pay the division a nonrefundable license fee
  883  of $2 million for the succeeding 12 months of licensure. The
  884  license fee shall be deposited into the Pari-mutuel Wagering
  885  Trust Fund of the Department of Business and Professional
  886  Regulation to be used by the division and the Department of Law
  887  Enforcement for investigations, regulation of slot machine
  888  gaming, and enforcement of slot machine gaming provisions under
  889  this chapter. These payments shall be accounted for separately
  890  from taxes or fees paid pursuant to the provisions of chapter
  891  550.
  892         (b) Prior to January 1, 2007, the division shall evaluate
  893  the license fee and shall make recommendations to the President
  894  of the Senate and the Speaker of the House of Representatives
  895  regarding the optimum level of slot machine license fees in
  896  order to adequately support the slot machine regulatory program.
  897         (2) TAX ON SLOT MACHINE REVENUES.—
  898         (a) The tax rate on slot machine revenues at each facility
  899  shall be 25 35 percent. If, during any state fiscal year, the
  900  aggregate amount of tax paid to the state by all slot machine
  901  licensees in Broward and Miami-Dade Counties is less than the
  902  aggregate amount of tax paid to the state by all slot machine
  903  licensees in the 2008-2009 fiscal year, each slot machine
  904  licensee shall pay to the state within 45 days after the end of
  905  the state fiscal year a surcharge equal to its pro rata share of
  906  an amount equal to the difference between the aggregate amount
  907  of tax paid to the state by all slot machine licensees in the
  908  2008-2009 fiscal year and the amount of tax paid during the
  909  fiscal year. Each licensee’s pro rata share shall be an amount
  910  determined by dividing the number 1 by the number of facilities
  911  licensed to operate slot machines during the applicable fiscal
  912  year, regardless of whether the facility is operating such
  913  machines.
  914         Section 34. Subsection (2) of section 551.108, Florida
  915  Statutes, is amended to read:
  916         551.108 Prohibited relationships.—
  917         (2) A manufacturer or distributor of slot machines may not
  918  enter into any contract with a slot machine licensee that
  919  provides for any revenue sharing of any kind or nature that is
  920  directly or indirectly calculated on the basis of a percentage
  921  of slot machine revenues. Any maneuver, shift, or device whereby
  922  this subsection is violated is a violation of this chapter and
  923  renders any such agreement void. This subsection does not apply
  924  to contracts related to a progressive system used in conjunction
  925  with slot machines.
  926         Section 35. Subsections (2) and (4) of section 551.114,
  927  Florida Statutes, are amended to read:
  928         551.114 Slot machine gaming areas.—
  929         (2) If such races or games are available to the slot
  930  machine licensee, the slot machine licensee shall display pari
  931  mutuel races or games within the designated slot machine gaming
  932  areas and offer patrons within the designated slot machine
  933  gaming areas the ability to engage in pari-mutuel wagering on
  934  any live, intertrack, and simulcast races conducted or offered
  935  to patrons of the licensed facility.
  936         (4) Designated slot machine gaming areas shall may be
  937  located anywhere within the property described in a slot machine
  938  licensee’s pari-mutuel permit within the current live gaming
  939  facility or in an existing building that must be contiguous and
  940  connected to the live gaming facility. If a designated slot
  941  machine gaming area is to be located in a building that is to be
  942  constructed, that new building must be contiguous and connected
  943  to the live gaming facility.
  944         Section 36. Section 551.116, Florida Statutes, is amended
  945  to read:
  946         551.116 Days and hours of operation.—Slot machine gaming
  947  areas may be open 24 hours per day, 7 days a week daily
  948  throughout the year. The slot machine gaming areas may be open a
  949  cumulative amount of 18 hours per day on Monday through Friday
  950  and 24 hours per day on Saturday and Sunday and on those
  951  holidays specified in s. 110.117(1).
  952         Section 37. Subsections (1) and (3) of section 551.121,
  953  Florida Statutes, are amended to read:
  954         551.121 Prohibited activities and devices; exceptions.—
  955         (1) Complimentary or reduced-cost alcoholic beverages may
  956  not be served to a person persons playing a slot machine.
  957  Alcoholic beverages served to persons playing a slot machine
  958  shall cost at least the same amount as alcoholic beverages
  959  served to the general public at a bar within the facility.
  960         (3) A slot machine licensee may not allow any automated
  961  teller machine or similar device designed to provide credit or
  962  dispense cash to be located within the designated slot machine
  963  gaming areas of a facility of a slot machine licensee.
  964         Section 38. Present subsections (9) through (17) of section
  965  849.086, Florida Statutes, are redesignated as subsections (10)
  966  through (18), respectively, a new subsection (9) is added to
  967  that section, and subsections (1) and (2), paragraph (b) of
  968  subsection (5), paragraphs (a), (b), and (c) of subsection (7),
  969  paragraphs (a) and (b) of subsection (8), present subsection
  970  (12), paragraphs (d) and (h) of present subsection (13), and
  971  present subsection (17) of section 849.086, Florida Statutes,
  972  are amended, to read:
  973         849.086 Cardrooms authorized.—
  974         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  975  to provide additional entertainment choices for the residents of
  976  and visitors to the state, promote tourism in the state, provide
  977  revenues to support the continuation of live pari-mutuel
  978  activity, and provide additional state revenues through the
  979  authorization of the playing of certain games in the state at
  980  facilities known as cardrooms which are to be located at
  981  licensed pari-mutuel facilities. To ensure the public confidence
  982  in the integrity of authorized cardroom operations, this act is
  983  designed to strictly regulate the facilities, persons, and
  984  procedures related to cardroom operations. Furthermore, the
  985  Legislature finds that authorized games of cards and dominoes as
  986  herein defined are considered to be pari-mutuel style games and
  987  not casino gaming because the participants play against each
  988  other instead of against the house.
  989         (2) DEFINITIONS.—As used in this section:
  990         (a) “Authorized game” means a game or series of card and
  991  domino games that of poker or dominoes which are played in
  992  conformance with this section a nonbanking manner.
  993         (b) “Banking game” means a game in which the house is a
  994  participant in the game, taking on players, paying winners, and
  995  collecting from losers or in which the cardroom establishes a
  996  bank against which participants play. A designated player game
  997  is not a banking game.
  998         (c) “Cardroom” means a facility where authorized games are
  999  played for money or anything of value and to which the public is
 1000  invited to participate in such games and charged a fee for
 1001  participation by the operator of such facility. Authorized games
 1002  and cardrooms do not constitute casino gaming operations if
 1003  conducted at an eligible facility.
 1004         (d) “Cardroom management company” means any individual not
 1005  an employee of the cardroom operator, any proprietorship,
 1006  partnership, corporation, or other entity that enters into an
 1007  agreement with a cardroom operator to manage, operate, or
 1008  otherwise control the daily operation of a cardroom.
 1009         (e) “Cardroom distributor” means any business that
 1010  distributes cardroom paraphernalia such as card tables, betting
 1011  chips, chip holders, dominoes, dominoes tables, drop boxes,
 1012  banking supplies, playing cards, card shufflers, and other
 1013  associated equipment to authorized cardrooms.
 1014         (f) “Cardroom operator” means a licensed pari-mutuel
 1015  permitholder that which holds a valid permit and license issued
 1016  by the division pursuant to chapter 550 and which also holds a
 1017  valid cardroom license issued by the division pursuant to this
 1018  section which authorizes such person to operate a cardroom and
 1019  to conduct authorized games in such cardroom.
 1020         (g)“Designated player” means the player identified as the
 1021  player in the dealer position and seated at a traditional player
 1022  position in a designated player game and who pays winning
 1023  players and collects from losing players.
 1024         (h)“Designated player game” means a game in which the
 1025  players compare their cards only to the cards of the designated
 1026  player or to a combination of cards held by the designated
 1027  player and cards common and available for play by all players.
 1028         (i)(g) “Division” means the Division of Pari-mutuel
 1029  Wagering of the Department of Business and Professional
 1030  Regulation.
 1031         (j)(h) “Dominoes” means a game of dominoes typically played
 1032  with a set of 28 flat rectangular blocks, called “bones,” which
 1033  are marked on one side and divided into two equal parts, with
 1034  zero to six dots, called “pips,” in each part. The term also
 1035  includes larger sets of blocks that contain a correspondingly
 1036  higher number of pips. The term also means the set of blocks
 1037  used to play the game.
 1038         (k)(i) “Gross receipts” means the total amount of money
 1039  received by a cardroom from any person for participation in
 1040  authorized games.
 1041         (l)(j) “House” means the cardroom operator and all
 1042  employees of the cardroom operator.
 1043         (m)(k) “Net proceeds” means the total amount of gross
 1044  receipts received by a cardroom operator from cardroom
 1045  operations less direct operating expenses related to cardroom
 1046  operations, including labor costs, admission taxes only if a
 1047  separate admission fee is charged for entry to the cardroom
 1048  facility, gross receipts taxes imposed on cardroom operators by
 1049  this section, the annual cardroom license fees imposed by this
 1050  section on each table operated at a cardroom, and reasonable
 1051  promotional costs excluding officer and director compensation,
 1052  interest on capital debt, legal fees, real estate taxes, bad
 1053  debts, contributions or donations, or overhead and depreciation
 1054  expenses not directly related to the operation of the cardrooms.
 1055         (n)(l) “Rake” means a set fee or percentage of the pot
 1056  assessed by a cardroom operator for providing the services of a
 1057  dealer, table, or location for playing the authorized game.
 1058         (o)(m) “Tournament” means a series of games that have more
 1059  than one betting round involving one or more tables and where
 1060  the winners or others receive a prize or cash award.
 1061         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 1062  operate a cardroom in this state unless such person holds a
 1063  valid cardroom license issued pursuant to this section.
 1064         (b) After the initial cardroom license is granted, the
 1065  application for the annual license renewal shall be made in
 1066  conjunction with the applicant’s annual application for its
 1067  pari-mutuel license. If a permitholder has operated a cardroom
 1068  during any of the 3 previous fiscal years and fails to include a
 1069  renewal request for the operation of the cardroom in its annual
 1070  application for license renewal, the permitholder may amend its
 1071  annual application to include operation of the cardroom. In
 1072  order for a cardroom license to be renewed the applicant must
 1073  have requested, as part of its pari-mutuel annual license
 1074  application, to conduct at least 90 percent of the total number
 1075  of live performances conducted by such permitholder during
 1076  either the state fiscal year in which its initial cardroom
 1077  license was issued or the state fiscal year immediately prior
 1078  thereto if the permitholder ran at least a full schedule of live
 1079  racing or games in the prior year. If the application is for a
 1080  harness permitholder cardroom, the applicant must have requested
 1081  authorization to conduct a minimum of 140 live performances
 1082  during the state fiscal year immediately prior thereto. If more
 1083  than one permitholder is operating at a facility, each
 1084  permitholder must have applied for a license to conduct a full
 1085  schedule of live racing.
 1086         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 1087         (a) A cardroom may be operated only at the location
 1088  specified on the cardroom license issued by the division, and
 1089  such location may only be the location at which the pari-mutuel
 1090  permitholder is authorized to conduct pari-mutuel wagering
 1091  activities pursuant to such permitholder’s valid pari-mutuel
 1092  permit or as otherwise authorized by law. Cardroom operations
 1093  may not be allowed beyond the hours provided in paragraph (b)
 1094  regardless of the number of cardroom licenses issued for
 1095  permitholders operating at the pari-mutuel facility.
 1096         (b) Any cardroom operator may operate a cardroom at the
 1097  pari-mutuel facility daily throughout the year, if the
 1098  permitholder meets the requirements under paragraph (5)(b). The
 1099  cardroom may be open a cumulative amount of 18 hours per day on
 1100  Monday through Friday and 24 hours per day on Saturday and
 1101  Sunday and on the holidays specified in s. 110.117(1).
 1102         (c) For authorized games of poker or dominoes at a
 1103  cardroom, a cardroom operator must at all times employ and
 1104  provide a nonplaying live dealer at for each table on which the
 1105  authorized card games which traditionally use a dealer are
 1106  conducted at the cardroom. Such dealers may not have a
 1107  participatory interest in any game other than the dealing of
 1108  cards and may not have an interest in the outcome of the game.
 1109  The providing of such dealers by a licensee does not constitute
 1110  the conducting of a banking game by the cardroom operator.
 1111         (8) METHOD OF WAGERS; LIMITATION.—
 1112         (a) No Wagering may not be conducted using money or other
 1113  negotiable currency. Games may only be played utilizing a
 1114  wagering system whereby all players’ money is first converted by
 1115  the house to tokens or chips that may which shall be used for
 1116  wagering only at that specific cardroom.
 1117         (b) For authorized games of poker or dominoes, the cardroom
 1118  operator may limit the amount wagered in any game or series of
 1119  games.
 1120         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 1121         (a)A cardroom operator may offer designated player games
 1122  consisting of players making wagers against the designated
 1123  player. The designated player must be licensed pursuant to
 1124  paragraph (6)(b).
 1125         (b)A cardroom operator may not serve as a designated
 1126  player in any game. The cardroom operator may not have a
 1127  financial interest in a designated player in any game. A
 1128  cardroom operator may collect a rake in accordance with the rake
 1129  structure posted at the table.
 1130         (c)If there are multiple designated players at a table,
 1131  the dealer button shall be rotated in a clockwise rotation after
 1132  each hand.
 1133         (d)A cardroom operator may not allow a designated player
 1134  to pay an opposing player who holds a lower ranked hand.
 1135         (13)(12) PROHIBITED ACTIVITIES.—
 1136         (a) A No person licensed to operate a cardroom may not
 1137  conduct any banking game or any game not specifically authorized
 1138  by this section. For purposes of this section, a designated
 1139  player game shall be deemed a banking game if any of the
 1140  following elements apply:
 1141         1. Any designated player is required by the rules of a game
 1142  or by the rules of a cardroom to cover all wagers posted by
 1143  opposing players;
 1144         2. The dealer button remains in a fixed position without
 1145  being offered for rotation;
 1146         3. The cardroom, or any cardroom licensee, contracts with
 1147  or receives compensation other than a posted table rake from any
 1148  player to participate in any game to serve as a designated
 1149  player; or
 1150         4. In any designated player game in which the designated
 1151  player possesses a higher ranked hand, the designated player is
 1152  required to pay on an opposing player’s wager who holds a lower
 1153  ranked hand.
 1154         (b) A No person who is younger than under 18 years of age
 1155  may not be permitted to hold a cardroom or employee license, or
 1156  to engage in any game conducted therein.
 1157         (c) With the exception of mechanical card shufflers, No
 1158  electronic or mechanical devices, except mechanical card
 1159  shufflers, may not be used to conduct any authorized game in a
 1160  cardroom.
 1161         (d) No Cards, game components, or game implements may not
 1162  be used in playing an authorized game unless they have such has
 1163  been furnished or provided to the players by the cardroom
 1164  operator.
 1165         (14)(13) TAXES AND OTHER PAYMENTS.—
 1166         (d)1. Each greyhound and jai alai permitholder that
 1167  operates a cardroom facility shall use at least 4 percent of
 1168  such permitholder’s cardroom monthly gross receipts to
 1169  supplement greyhound purses or jai alai prize money,
 1170  respectively, during the permitholder’s next ensuing pari-mutuel
 1171  meet.
 1172         2. A cardroom license or renewal thereof may not be issued
 1173  to a permitholder conducting less than a full schedule of live
 1174  racing or games unless the applicant has on file with the
 1175  division a binding written contract with a thoroughbred
 1176  permitholder that is licensed to conduct live racing and that
 1177  does not possess a slot machine license. This contract must
 1178  provide that the permitholder will pay an amount equal to 4
 1179  percent of its monthly cardroom gross receipts to the
 1180  thoroughbred permitholder conducting the live racing for use as
 1181  purses during the current or ensuing live racing meet of the
 1182  thoroughbred permitholder. If there is not a thoroughbred
 1183  permitholder that does not possess a slot machine license, no
 1184  payments for purses are required, and the cardroom licensee
 1185  shall retain such funds for its use. Each thoroughbred and
 1186  harness horse racing permitholder that operates a cardroom
 1187  facility shall use at least 50 percent of such permitholder’s
 1188  cardroom monthly net proceeds as follows: 47 percent to
 1189  supplement purses and 3 percent to supplement breeders’ awards
 1190  during the permitholder’s next ensuing racing meet.
 1191         3. No cardroom license or renewal thereof shall be issued
 1192  to an applicant holding a permit under chapter 550 to conduct
 1193  pari-mutuel wagering meets of quarter horse racing unless the
 1194  applicant has on file with the division a binding written
 1195  agreement between the applicant and the Florida Quarter Horse
 1196  Racing Association or the association representing a majority of
 1197  the horse owners and trainers at the applicant’s eligible
 1198  facility, governing the payment of purses on live quarter horse
 1199  races conducted at the licensee’s pari-mutuel facility. The
 1200  agreement governing purses may direct the payment of such purses
 1201  from revenues generated by any wagering or gaming the applicant
 1202  is authorized to conduct under Florida law. All purses shall be
 1203  subject to the terms of chapter 550.
 1204         (h) One-quarter of the moneys deposited into the Pari
 1205  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 1206  October 1 of each year, be distributed to the local government
 1207  that approved the cardroom under subsection (17) subsection
 1208  (16); however, if two or more pari-mutuel racetracks are located
 1209  within the same incorporated municipality, the cardroom funds
 1210  shall be distributed to the municipality. If a pari-mutuel
 1211  facility is situated in such a manner that it is located in more
 1212  than one county, the site of the cardroom facility shall
 1213  determine the location for purposes of disbursement of tax
 1214  revenues under this paragraph. The division shall, by September
 1215  1 of each year, determine: the amount of taxes deposited into
 1216  the Pari-mutuel Wagering Trust Fund pursuant to this section
 1217  from each cardroom licensee; the location by county of each
 1218  cardroom; whether the cardroom is located in the unincorporated
 1219  area of the county or within an incorporated municipality; and,
 1220  the total amount to be distributed to each eligible county and
 1221  municipality.
 1222         (18)(17) CHANGE OF LOCATION; REFERENDUM.—
 1223         (a) Notwithstanding any provisions of this section, a no
 1224  cardroom gaming license issued under this section may not shall
 1225  be transferred, or reissued when such reissuance is in the
 1226  nature of a transfer, so as to permit or authorize a licensee to
 1227  change the location of the cardroom except upon proof in such
 1228  form as the division may prescribe that a referendum election
 1229  has been held:
 1230         1. If the proposed new location is within the same county
 1231  as the already licensed location, in the county where the
 1232  licensee desires to conduct cardroom gaming and that a majority
 1233  of the electors voting on the question in such election voted in
 1234  favor of the transfer of such license. However, the division
 1235  shall transfer, without requirement of a referendum election,
 1236  the cardroom license of any permitholder that relocated its
 1237  permit pursuant to s. 550.0555.
 1238         2. If the proposed new location is not within the same
 1239  county as the already licensed location, in the county where the
 1240  licensee desires to conduct cardroom gaming and that a majority
 1241  of the electors voting on that question in each such election
 1242  voted in favor of the transfer of such license.
 1243         (b) The expense of each referendum held under the
 1244  provisions of this subsection shall be borne by the licensee
 1245  requesting the transfer.
 1246  
 1247  ================= T I T L E  A M E N D M E N T ================
 1248  And the title is amended as follows:
 1249         Delete lines 72 - 200
 1250  and insert:
 1251         the adoption of greyhounds”; creating s. 550.1752,
 1252         F.S.; creating the permit reduction program within the
 1253         division; providing a purpose for the program;
 1254         providing for funding for the program up to a
 1255         specified maximum amount; requiring the division to
 1256         purchase pari-mutuel permits from permitholders under
 1257         certain circumstances; requiring that permitholders
 1258         who wish to make an offer to sell meet certain
 1259         requirements; requiring the division to adopt a
 1260         certain form by rule; requiring that the division
 1261         establish the value of a pari-mutuel permit based on
 1262         the valuation of one or more independent appraisers;
 1263         authorizing the division to establish a value that is
 1264         lower than the valuation of the independent appraiser;
 1265         requiring the division to accept the offers that best
 1266         utilize available funding; requiring the division to
 1267         cancel permits that it purchases through the program;
 1268         providing for expiration of the program; renaming the
 1269         permit reduction program as the thoroughbred purse
 1270         supplement program; revising the purpose of the
 1271         program; deleting provisions requiring the division to
 1272         purchase pari-mutuel permits; revising the form the
 1273         division shall adopt by rule; requiring the division
 1274         to apportion purse supplement funds in a certain
 1275         manner; requiring a thoroughbred permitholder to
 1276         return any unused portion of a purse supplement fund
 1277         under certain circumstances; and authorizing
 1278         rulemaking, as of a specified date; creating s.
 1279         550.2416, F.S.; requiring injuries to racing
 1280         greyhounds to be reported within a certain timeframe
 1281         on a form adopted by the division; requiring such form
 1282         to be completed and signed under oath or affirmation
 1283         by certain individuals; providing penalties;
 1284         specifying information that must be included on the
 1285         form; requiring the division to maintain the forms as
 1286         public records for a specified time; specifying
 1287         disciplinary action that may be taken against a
 1288         licensee of the Department of Business and
 1289         Professional Regulation who makes false statements on
 1290         an injury form or who fails to report an injury;
 1291         exempting injuries to certain animals from reporting
 1292         requirements; requiring the division to adopt rules;
 1293         amending s. 550.26165, F.S.; conforming a cross
 1294         reference; amending s. 550.3345, F.S.; deleting
 1295         obsolete provisions; revising requirements for a
 1296         permit previously converted from a quarter horse
 1297         racing permit to a limited thoroughbred racing permit;
 1298         amending s. 550.3551, F.S.; deleting a provision that
 1299         limits the number of out-of-state races on which
 1300         wagers are accepted by a greyhound racing
 1301         permitholder; deleting a provision prohibiting a
 1302         permitholder from conducting fewer than eight live
 1303         races or games under certain circumstances; deleting a
 1304         provision requiring certain permitholders to conduct a
 1305         full schedule of live racing to receive certain full
 1306         card broadcasts and accept certain wagers; amending s.
 1307         550.375, F.S.; conforming a cross-reference; amending
 1308         s. 550.475, F.S.; prohibiting a permitholder from
 1309         leasing from certain pari-mutuel permitholders;
 1310         amending s. 550.5251, F.S., deleting a provision
 1311         relating to requirements for thoroughbred
 1312         permitholders; amending s. 550.615, F.S.; revising
 1313         eligibility requirements for certain pari-mutuel
 1314         facilities to qualify to receive certain broadcasts;
 1315         providing that certain greyhound racing permitholders
 1316         are not required to obtain certain written consent;
 1317         deleting requirements to conduct intertrack wagering
 1318         between certain permitholders; deleting a provision
 1319         prohibiting certain intertrack wagering in certain
 1320         counties; specifying conditions under which greyhound
 1321         racing permitholders may accept wagers; amending s.
 1322         550.6308, F.S.; revising the number of days of
 1323         thoroughbred horse sales required for an applicant to
 1324         obtain a limited intertrack wagering license; revising
 1325         eligibility requirements for such licenses; revising
 1326         requirements for such wagering; deleting provisions
 1327         requiring a licensee to make certain payments to the
 1328         daily pari-mutuel pool; amending s. 551.101, F.S.;
 1329         revising the facilities that may possess slot machines
 1330         and conduct slot machine gaming; deleting certain
 1331         provisions requiring a countywide referendum to
 1332         approve slot machines at certain facilities; amending
 1333         s. 551.102, F.S.; revising definitions; amending s.
 1334         551.104, F.S.; prohibiting the division from issuing a
 1335         slot machine license to certain pari-mutuel
 1336         permitholders; revising conditions of licensure and to
 1337         maintain authority to conduct slot machine gaming;
 1338         exempting a summer thoroughbred racing permitholder
 1339         from certain purse requirements; providing
 1340         applicability; deleting a provision prohibiting the
 1341         division from issuing or renewing a license for an
 1342         applicant holding a permit under ch. 550, F.S., under
 1343         certain circumstances; deleting a provision requiring
 1344         certain slot machine licensees to remit a certain
 1345         amount for the payment of purses on live races, as of
 1346         a certain date; conforming provisions to changes made
 1347         by the act; creating s. 551.1042, F.S.; prohibiting
 1348         the transfer of a slot machine license or relocation
 1349         of a slot machine facility; creating s. 551.1043,
 1350         F.S.; providing legislative findings; authorizing an
 1351         additional slot machine license to be awarded and
 1352         renewed annually to a pari-mutuel permitholder located
 1353         in a certain county; authorizing certain pari-mutuel
 1354         permitholders to apply for such a license; providing
 1355         an application fee; requiring the deposit of the fee
 1356         in the Pari-mutuel Wagering Trust Fund; requiring the
 1357         division to award the license to the applicant that
 1358         bests meets the selection criteria; providing
 1359         selection criteria; requiring the division to complete
 1360         a certain evaluation by a specified date; specifying
 1361         grounds for denial of an application; providing that
 1362         certain protests be forwarded to the Division of
 1363         Administrative Hearings; providing requirements for
 1364         appeals; authorizing the division to adopt certain
 1365         emergency rules; creating s. 551.1044, F.S.;
 1366         authorizing blackjack table games at certain pari
 1367         mutuel facilities; specifying limits on wagers;
 1368         amending s. 551.106, F.S.; deleting obsolete
 1369         provisions; revising the tax rate on slot machine
 1370         revenues under certain conditions; amending s.
 1371         551.108, F.S.; providing applicability; amending s.
 1372         551.114, F.S.; revising the areas where a designated
 1373         slot machine gaming area may be located; amending s.
 1374         551.116, F.S.; deleting a restriction on the number of
 1375         hours per day that slot machine gaming areas may be
 1376         open; amending s. 551.121, F.S.; authorizing the
 1377         serving of complimentary or reduced-cost alcoholic
 1378         beverages to a person playing a slot machine;
 1379         authorizing the location of an automated teller
 1380         machine or similar device within designated slot
 1381         machine gaming areas; amending s. 849.086, F.S.;
 1382         amending legislative intent; revising definitions;
 1383         deleting certain license renewal requirements;
 1384         deleting provisions relating to restrictions of hours
 1385         of operation; authorizing certain cardroom operators
 1386         to offer certain designated player games; requiring
 1387         the designated player to be licensed; prohibiting
 1388         cardroom operators from serving as the designated
 1389         player in a game and from having a financial interest
 1390         in a designated player; authorizing a cardroom
 1391         operator to collect a rake, subject to certain
 1392         requirements; requiring the dealer button to be
 1393         rotated under certain circumstances; prohibiting a
 1394         cardroom operator from allowing a designated player to
 1395         pay an opposing player under certain circumstances;
 1396         providing elements of a designated player game;
 1397         revising requirements for a cardroom license to be
 1398         issued or renewed; requiring a certain written
 1399         agreement with a thoroughbred permitholder; providing
 1400         contract requirements for the agreement; conforming
 1401         provisions to changes made