Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 7080
Ì601528,Î601528
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Hutson) recommended the
following:
1 Senate Amendment to Amendment (527596)
2
3 Delete lines 189 - 295
4 and insert:
5 there is no objection from any operating permitholder that is
6 conducting live racing or games and that is located within 50
7 miles of the permitholder requesting the changes in operating
8 dates. In the event of an objection, the division shall approve
9 or disapprove the change in operating dates based upon the
10 impact on operating permitholders located within 50 miles of the
11 permitholder requesting the change in operating dates. In making
12 the determination to change racing dates, the division shall
13 take into consideration the impact of such changes on state
14 revenues. Notwithstanding any other provision of law, and for
15 the 2021-2022 state fiscal year only, the division may approve
16 changes in operating dates for a jai alai permitholder, harness
17 horse racing permitholder, or quarter horse racing permitholder
18 if the request for such changes is received before July 1, 2021.
19 (4) In the event that a permitholder fails to operate all
20 performances specified on its license at the date and time
21 specified, the division shall hold a hearing to determine
22 whether to fine or suspend the permitholder’s license, unless
23 such failure was the direct result of fire, strike, war, or
24 other disaster or event beyond the ability of the permitholder
25 to control. Financial hardship to the permitholder shall not, in
26 and of itself, constitute just cause for failure to operate all
27 performances on the dates and at the times specified.
28 (5) In the event that performances licensed to be operated
29 by a permitholder are vacated, abandoned, or will not be used
30 for any reason, any permitholder shall be entitled, pursuant to
31 rules adopted by the division, to apply to conduct performances
32 on the dates for which the performances have been abandoned. The
33 division shall issue an amended license for all such replacement
34 performances which have been requested in compliance with the
35 provisions of this chapter and division rules.
36 (6) Any permit which was converted from a jai alai permit
37 to a greyhound permit may be converted to a jai alai permit at
38 any time if the permitholder never conducted greyhound racing or
39 if the permitholder has not conducted greyhound racing for a
40 period of 12 consecutive months.
41 Section 4. Section 550.0235, Florida Statutes, is amended
42 to read:
43 550.0235 Limitation of civil liability.—No permitholder
44 licensed to conduct pari-mutuel wagering permittee conducting a
45 racing meet pursuant to the provisions of this chapter; no
46 division director or employee of the division; and no steward,
47 judge, or other person appointed to act pursuant to this chapter
48 shall be held liable to any person, partnership, association,
49 corporation, or other business entity for any cause whatsoever
50 arising out of, or from, the performance by such permittee,
51 director, employee, steward, judge, or other person of her or
52 his duties and the exercise of her or his discretion with
53 respect to the implementation and enforcement of the statutes
54 and rules governing the conduct of pari-mutuel wagering, so long
55 as she or he acted in good faith. This section shall not limit
56 liability in any situation in which the negligent maintenance of
57 the premises or the negligent conduct of a race contributed to
58 an accident; nor shall it limit any contractual liability.
59 Section 5. Subsections (1) and (7) of section 550.0351,
60 Florida Statutes, are amended to read:
61 550.0351 Charity racing days.—
62 (1) The division shall, upon the request of a permitholder,
63 authorize each horseracing permitholder, dogracing permitholder,
64 and jai alai permitholder up to five charity or scholarship days
65 in addition to the regular racing days authorized by law.
66 (7) In addition to the charity days authorized by this
67 section, any dogracing permitholder may allow its facility to be
68 used for conducting “hound dog derbies” or “mutt derbies” on any
69 day during each racing season by any charitable, civic, or
70 nonprofit organization for the purpose of conducting “hound dog
71 derbies” or “mutt derbies” if only dogs other than those usually
72 used in dogracing (greyhounds) are permitted to race and if
73 adults and minors are allowed to participate as dog owners or
74 spectators. During these racing events, betting, gambling, and
75 the sale or use of alcoholic beverages is prohibited.
76 Section 6. Subsection (4) of section 550.0425, Florida
77 Statutes, is amended to read:
78 550.0425 Minors attendance at pari-mutuel performances;
79 restrictions.—
80 (4) Minor children of licensed greyhound trainers, kennel
81 operators, or other licensed persons employed in the kennel
82 compound areas may be granted access to kennel compound areas
83 without being licensed, provided they are in no way employed
84 unless properly licensed, and only when under the direct
85 supervision of one of their parents or legal guardian.
86 Section 7. Subsections (2) and (14) of section 550.054,
87 Florida Statutes, are amended to read:
88 550.054 Application for permit to conduct pari-mutuel
89 wagering.—
90 (2) Upon each application filed and approved, a permit
91 shall be issued to the applicant setting forth the name of the
92 permitholder, the location of the pari-mutuel facility, the type
93 of pari-mutuel activity desired to be conducted, and a statement
94 showing qualifications of the applicant to conduct pari-mutuel
95 performances under this chapter; however, a permit is
96 ineffectual to authorize any pari-mutuel performances until
97 approved by a majority of the electors participating in a
98 ratification election in the county in which the applicant
99 proposes to conduct pari-mutuel wagering activities. In
100 addition, an application may not be considered, nor may a permit
101 be issued by the division or be voted upon in any county, to
102 conduct horseraces, harness horse races, or pari-mutuel wagering
103 dograces at a location within 100 miles of an existing pari
104 mutuel facility, or for jai alai within 50 miles of an existing
105 pari-mutuel facility; this distance shall be measured on a
106 straight line from the nearest property line of one pari-mutuel
107 facility to the nearest property line of the other facility.
108 (14)(a) Notwithstanding any other provision of law, a
109 permit for the operation of a pari-mutuel facility, cardroom, or
110 slot machine facility may only be held by permitholders with
111 permits on January 1, 2021, and new permits may not be approved
112 or issued after January 1, 2021.