Florida Senate - 2021 SB 7080
By the Committee on Regulated Industries
580-04019-21 20217080__
1 A bill to be entitled
2 An act relating to requirements for pari-mutuel
3 permitholders to conduct live racing or games;
4 amending s. 550.002, F.S.; revising definitions;
5 defining the terms “permitholder” and “permittee”;
6 deleting the term “racing greyhound”; amending s.
7 550.0115, F.S.; making technical changes; amending s.
8 550.01215, F.S.; revising the application requirements
9 for an operating license to conduct pari-mutuel
10 wagering for a pari-mutuel facility; prohibiting
11 greyhound permitholders from conducting live racing;
12 authorizing jai alai permitholders, harness horse
13 racing permitholders, and quarter horse racing
14 permitholders to elect not to conduct live racing or
15 games; requiring thoroughbred permitholders to conduct
16 live racing; specifying that certain permitholders
17 that do not conduct live racing or games retain their
18 permit and remain pari-mutuel facilities; specifying
19 that, if such permitholder has been issued a slot
20 machine license, the permitholder’s facility remains
21 an eligible facility, continues to be eligible for a
22 slot machine license, is exempt from certain
23 provisions of ch. 551, F.S., is eligible to be a guest
24 track, and, if the permitholder is a harness horse
25 racing permitholder, is eligible to be a host track
26 for intertrack wagering and simulcasting, and remains
27 eligible for a cardroom license; authorizing the
28 Division of Pari-mutuel Wagering to approve a change
29 in racing dates for a permitholder if the request for
30 a change is received before a specified date and under
31 certain circumstances; deleting a provision
32 authorizing the conversion of certain permits to a jai
33 alai permit under certain circumstances; amending s.
34 550.0235, F.S.; conforming provisions to changes made
35 by the act; amending s. 550.0351, F.S.; deleting a
36 provision relating to hound dog derbies and mutt
37 derbies; amending s. 550.0425, F.S.; deleting a
38 provision authorizing certain children to be granted
39 access to kennel compound areas under certain
40 circumstances; amending s. 550.054, F.S.; deleting
41 provisions relating to the conversion of jai alai
42 permits to greyhound racing permits; conforming
43 provisions to changes made by the act; amending s.
44 550.09511, F.S.; deleting a provision relating to the
45 payment of certain taxes and fees by jai alai
46 permitholders conducting fewer than a specified number
47 of live performances; amending s. 550.09512, F.S.;
48 revising the circumstances for which a harness horse
49 permitholder’s permit is voided for failing to pay
50 certain taxes; amending ss. 550.105 and 550.1155,
51 F.S.; conforming provisions to changes made by the
52 act; amending s. 550.1647, F.S.; conforming a
53 provision to changes made by the act; repealing s.
54 550.1648, F.S., relating to greyhound adoptions;
55 amending ss. 550.175 and 550.1815, F.S.; conforming
56 provisions to changes made by the act; amending s.
57 550.24055, F.S.; conforming provisions to changes made
58 by the act; amending s. 550.2415, F.S.; deleting
59 provisions relating to the testing, euthanasia, and
60 training of racing greyhounds; amending s. 550.334,
61 F.S.; conforming provisions to changes made by the
62 act; amending s. 550.3551, F.S.; making technical
63 changes; conforming provisions to changes made by the
64 act; amending s. 550.3615, F.S.; making technical
65 changes; prohibiting a person convicted of bookmaking
66 from attending or being admitted to a pari-mutuel
67 facility; requiring pari-mutuel facility employees to
68 notify certain persons of unlawful activities;
69 providing civil penalties; requiring a permittee to
70 display certain warnings relating to bookmaking at his
71 or her pari-mutuel facility; revising applicability;
72 amending s. 550.475, F.S.; revising provisions
73 relating to leasing pari-mutuel facilities; amending
74 s. 550.615, F.S.; revising requirements relating to
75 intertrack wagering; specifying that greyhound
76 permitholders are qualified to receive certain
77 broadcasts and accept specified wagers; amending s.
78 550.6305, F.S.; conforming provisions to changes made
79 by the act; amending s. 551.104, F.S.; conforming
80 provisions to changes made by the act; amending s.
81 551.114, F.S.; revising requirements for the locations
82 of designated slot machine gaming areas; amending s.
83 565.02, F.S.; conforming provisions to changes made by
84 the act; amending s. 849.086, F.S.; revising
85 requirements relating to the annual renewal of a
86 cardroom license; conforming provisions to changes
87 made by the act; reenacting ss. 380.0651(2)(c),
88 402.82(4)(c), and 480.0475(1), F.S., relating to
89 statewide guidelines, the electronic benefits transfer
90 program, and massage establishments, respectively, to
91 incorporate the amendments made to s. 550.002, F.S.,
92 in references thereto; providing an effective date.
93
94 Be It Enacted by the Legislature of the State of Florida:
95
96 Section 1. Present subsections (24) through (28) of section
97 550.002, Florida Statutes, are redesignated as subsections (25)
98 through (29), respectively, a new subsection (24) is added to
99 that section, and subsections (11), (17), (20), (21), (22),
100 (23), and (31) and present subsections (26) and (29) of that
101 section are amended, to read:
102 550.002 Definitions.—As used in this chapter, the term:
103 (11) “Full schedule of live racing or games” means, for a
104 greyhound or jai alai permitholder, the conduct of a combination
105 of at least 100 live evening or matinee performances during the
106 preceding year; for a permitholder who has a converted permit or
107 filed an application on or before June 1, 1990, for a converted
108 permit, the conduct of a combination of at least 100 live
109 evening and matinee wagering performances during either of the 2
110 preceding years; for a jai alai permitholder who does not
111 operate slot machines in its pari-mutuel facility, who has
112 conducted at least 100 live performances per year for at least
113 10 years after December 31, 1992, and whose handle on live jai
114 alai games conducted at its pari-mutuel facility has been less
115 than $4 million per state fiscal year for at least 2 consecutive
116 years after June 30, 1992, the conduct of a combination of at
117 least 40 live evening or matinee performances during the
118 preceding year; for a jai alai permitholder who operates slot
119 machines in its pari-mutuel facility, the conduct of a
120 combination of at least 150 performances during the preceding
121 year; for a harness permitholder, the conduct of at least 100
122 live regular wagering performances during the preceding year;
123 for a quarter horse permitholder at its facility unless an
124 alternative schedule of at least 20 live regular wagering
125 performances is agreed upon by the permitholder and either the
126 Florida Quarter Horse Racing Association or the horsemen’s
127 association representing the majority of the quarter horse
128 owners and trainers at the facility and filed with the division
129 along with its annual date application, in the 2010-2011 fiscal
130 year, the conduct of at least 20 regular wagering performances,
131 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
132 least 30 live regular wagering performances, and for every
133 fiscal year after the 2012-2013 fiscal year, the conduct of at
134 least 40 live regular wagering performances; for a quarter horse
135 permitholder leasing another licensed racetrack, the conduct of
136 160 events at the leased facility; and for a thoroughbred
137 permitholder, the conduct of at least 40 live regular wagering
138 performances during the preceding year. For a permitholder which
139 is restricted by statute to certain operating periods within the
140 year when other members of its same class of permit are
141 authorized to operate throughout the year, the specified number
142 of live performances which constitute a full schedule of live
143 racing or games shall be adjusted pro rata in accordance with
144 the relationship between its authorized operating period and the
145 full calendar year and the resulting specified number of live
146 performances shall constitute the full schedule of live games
147 for such permitholder and all other permitholders of the same
148 class within 100 air miles of such permitholder. A live
149 performance must consist of no fewer than eight races or games
150 conducted live for each of a minimum of three performances each
151 week at the permitholder’s licensed facility under a single
152 admission charge.
153 (17) “Intertrack wager” or “intertrack wagering” means a
154 particular form of pari-mutuel wagering in which wagers are
155 accepted at a permitted, in-state track, fronton, or pari-mutuel
156 facility on a race or game transmitted from and performed live
157 at, or simulcast signal rebroadcast from, another in-state pari
158 mutuel facility.
159 (20) “Meet” or “meeting” means the conduct of live racing
160 or jai alai, or wagering on intertrack or simulcast events, for
161 any stake, purse, prize, or premium.
162 (21) “Operating day” means a continuous period of 24 hours
163 starting with the beginning of the first performance of a race
164 or game, even though the operating day may start during one
165 calendar day and extend past midnight except that no greyhound
166 race or jai alai game may commence after 1:30 a.m.
167 (22) “Pari-mutuel” or “pari-mutuel wagering” means a system
168 of betting on races or games in which the winners divide the
169 total amount bet, after deducting management expenses and taxes,
170 in proportion to the sums they have wagered individually and
171 with regard to the odds assigned to particular outcomes.
172 (23) “Pari-mutuel facility” means the grounds or property
173 of a cardroom, racetrack, fronton, or other facility used by a
174 licensed permitholder for the conduct of pari-mutuel wagering.
175 (24) “Permitholder” or “permittee” means a holder of a
176 permit to conduct pari-mutuel wagering in this state as
177 authorized in this chapter.
178 (27)(26) “Post time” means the time set for the arrival at
179 the starting point of the horses or greyhounds in a race or the
180 beginning of a game in jai alai.
181 (29) “Racing greyhound” means a greyhound that is or was
182 used, or is being bred, raised, or trained to be used, in racing
183 at a pari-mutuel facility and is registered with the National
184 Greyhound Association.
185 (31) “Same class of races, games, or permit” means, with
186 respect to a jai alai permitholder, jai alai games or other jai
187 alai permitholders; with respect to a greyhound permitholder,
188 greyhound races or other greyhound permitholders conducting
189 pari-mutuel wagering; with respect to a thoroughbred
190 permitholder, thoroughbred races or other thoroughbred
191 permitholders; with respect to a harness permitholder, harness
192 races or other harness permitholders; with respect to a quarter
193 horse permitholder, quarter horse races or other quarter horse
194 permitholders.
195 Section 2. Section 550.0115, Florida Statutes, is amended
196 to read:
197 550.0115 Permitholder operating license.—After a permit has
198 been issued by the division, and after the permit has been
199 approved by election, the division shall issue to the
200 permitholder an annual operating license to conduct pari-mutuel
201 wagering operations at the location specified in the permit
202 pursuant to the provisions of this chapter.
203 Section 3. Section 550.01215, Florida Statutes, is amended
204 to read:
205 550.01215 License application; periods of operation;
206 license fees; bond, conversion of permit.—
207 (1) Each permitholder shall annually, during the period
208 between December 15 and January 4, file in writing with the
209 division its application for an operating a license for a pari
210 mutuel facility for the conduct of pari-mutuel wagering during
211 the next state fiscal year, including intertrack and simulcast
212 race wagering to conduct performances during the next state
213 fiscal year. Each application for live performances must shall
214 specify the number, dates, and starting times of all live
215 performances that which the permitholder intends to conduct. It
216 must shall also specify which performances will be conducted as
217 charity or scholarship performances.
218 (a) In addition, Each application for an operating a
219 license also must shall include:,
220 1. For each permitholder, whether the permitholder intends
221 to accept wagers on intertrack or simulcast events.
222 2. For each permitholder that which elects to operate a
223 cardroom, the dates and periods of operation the permitholder
224 intends to operate the cardroom. or,
225 3. For each thoroughbred racing permitholder that which
226 elects to receive or rebroadcast out-of-state races after 7
227 p.m., the dates for all performances that which the permitholder
228 intends to conduct.
229 (b) A greyhound permitholder may not conduct live racing. A
230 jai alai permitholder, harness horse racing permitholder, or
231 quarter horse racing permitholder may elect not to conduct live
232 racing or games. A thoroughbred permitholder must conduct live
233 racing. A greyhound permitholder, jai alai permitholder, harness
234 horse racing permitholder, or quarter horse racing permitholder
235 that does not conduct live racing or games retains its permit;
236 is a pari-mutuel facility as defined in s. 550.002(23); if such
237 permitholder has been issued a slot machine license, the
238 facility where such permit is located remains an eligible
239 facility as defined in s. 551.102(4), continues to be eligible
240 for a slot machine license pursuant to s. 551.104(3), and is
241 exempt from ss. 551.104(4)(c) and (10) and 551.114(2) and (4);
242 is eligible, but not required, to be a guest track and, if the
243 permitholder is a harness horse racing permitholder, to be a
244 host track for purposes of intertrack wagering and simulcasting
245 pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
246 remains eligible for a cardroom license.
247 (c) Permitholders may shall be entitled to amend their
248 applications through February 28.
249 (2) After the first license has been issued to a
250 permitholder, all subsequent annual applications for a license
251 shall be accompanied by proof, in such form as the division may
252 by rule require, that the permitholder continues to possess the
253 qualifications prescribed by this chapter, and that the permit
254 has not been disapproved at a later election.
255 (3) The division shall issue each license no later than
256 March 15. Each permitholder shall operate all performances at
257 the date and time specified on its license. The division shall
258 have the authority to approve minor changes in racing dates
259 after a license has been issued. The division may approve
260 changes in racing dates after a license has been issued when
261 there is no objection from any operating permitholder located
262 within 50 miles of the permitholder requesting the changes in
263 operating dates. In the event of an objection, the division
264 shall approve or disapprove the change in operating dates based
265 upon the impact on operating permitholders located within 50
266 miles of the permitholder requesting the change in operating
267 dates. In making the determination to change racing dates, the
268 division shall take into consideration the impact of such
269 changes on state revenues. Notwithstanding any other provision
270 of law, and for the 2021-2022 state fiscal year only, the
271 division may approve changes in operating dates for
272 permitholders if the request for such changes is received before
273 July 1, 2021.
274 (4) In the event that a permitholder fails to operate all
275 performances specified on its license at the date and time
276 specified, the division shall hold a hearing to determine
277 whether to fine or suspend the permitholder’s license, unless
278 such failure was the direct result of fire, strike, war, or
279 other disaster or event beyond the ability of the permitholder
280 to control. Financial hardship to the permitholder shall not, in
281 and of itself, constitute just cause for failure to operate all
282 performances on the dates and at the times specified.
283 (5) In the event that performances licensed to be operated
284 by a permitholder are vacated, abandoned, or will not be used
285 for any reason, any permitholder shall be entitled, pursuant to
286 rules adopted by the division, to apply to conduct performances
287 on the dates for which the performances have been abandoned. The
288 division shall issue an amended license for all such replacement
289 performances which have been requested in compliance with the
290 provisions of this chapter and division rules.
291 (6) Any permit which was converted from a jai alai permit
292 to a greyhound permit may be converted to a jai alai permit at
293 any time if the permitholder never conducted greyhound racing or
294 if the permitholder has not conducted greyhound racing for a
295 period of 12 consecutive months.
296 Section 4. Section 550.0235, Florida Statutes, is amended
297 to read:
298 550.0235 Limitation of civil liability.—No permitholder
299 licensed to conduct pari-mutuel wagering permittee conducting a
300 racing meet pursuant to the provisions of this chapter; no
301 division director or employee of the division; and no steward,
302 judge, or other person appointed to act pursuant to this chapter
303 shall be held liable to any person, partnership, association,
304 corporation, or other business entity for any cause whatsoever
305 arising out of, or from, the performance by such permittee,
306 director, employee, steward, judge, or other person of her or
307 his duties and the exercise of her or his discretion with
308 respect to the implementation and enforcement of the statutes
309 and rules governing the conduct of pari-mutuel wagering, so long
310 as she or he acted in good faith. This section shall not limit
311 liability in any situation in which the negligent maintenance of
312 the premises or the negligent conduct of a race contributed to
313 an accident; nor shall it limit any contractual liability.
314 Section 5. Subsections (1) and (7) of section 550.0351,
315 Florida Statutes, are amended to read:
316 550.0351 Charity racing days.—
317 (1) The division shall, upon the request of a permitholder,
318 authorize each horseracing permitholder, dogracing permitholder,
319 and jai alai permitholder up to five charity or scholarship days
320 in addition to the regular racing days authorized by law.
321 (7) In addition to the charity days authorized by this
322 section, any dogracing permitholder may allow its facility to be
323 used for conducting “hound dog derbies” or “mutt derbies” on any
324 day during each racing season by any charitable, civic, or
325 nonprofit organization for the purpose of conducting “hound dog
326 derbies” or “mutt derbies” if only dogs other than those usually
327 used in dogracing (greyhounds) are permitted to race and if
328 adults and minors are allowed to participate as dog owners or
329 spectators. During these racing events, betting, gambling, and
330 the sale or use of alcoholic beverages is prohibited.
331 Section 6. Subsection (4) of section 550.0425, Florida
332 Statutes, is amended to read:
333 550.0425 Minors attendance at pari-mutuel performances;
334 restrictions.—
335 (4) Minor children of licensed greyhound trainers, kennel
336 operators, or other licensed persons employed in the kennel
337 compound areas may be granted access to kennel compound areas
338 without being licensed, provided they are in no way employed
339 unless properly licensed, and only when under the direct
340 supervision of one of their parents or legal guardian.
341 Section 7. Subsections (2) and (14) of section 550.054,
342 Florida Statutes, are amended to read:
343 550.054 Application for permit to conduct pari-mutuel
344 wagering.—
345 (2) Upon each application filed and approved, a permit
346 shall be issued to the applicant setting forth the name of the
347 permitholder, the location of the pari-mutuel facility, the type
348 of pari-mutuel activity desired to be conducted, and a statement
349 showing qualifications of the applicant to conduct pari-mutuel
350 performances under this chapter; however, a permit is
351 ineffectual to authorize any pari-mutuel performances until
352 approved by a majority of the electors participating in a
353 ratification election in the county in which the applicant
354 proposes to conduct pari-mutuel wagering activities. In
355 addition, an application may not be considered, nor may a permit
356 be issued by the division or be voted upon in any county, to
357 conduct horseraces, harness horse races, or pari-mutuel wagering
358 dograces at a location within 100 miles of an existing pari
359 mutuel facility, or for jai alai within 50 miles of an existing
360 pari-mutuel facility; this distance shall be measured on a
361 straight line from the nearest property line of one pari-mutuel
362 facility to the nearest property line of the other facility.
363 (14)(a) Any holder of a permit to conduct jai alai may
364 apply to the division to convert such permit to a permit to
365 conduct greyhound racing in lieu of jai alai if:
366 1. Such permit is located in a county in which the division
367 has issued only two pari-mutuel permits pursuant to this
368 section;
369 2. Such permit was not previously converted from any other
370 class of permit; and
371 3. The holder of the permit has not conducted jai alai
372 games during a period of 10 years immediately preceding his or
373 her application for conversion under this subsection.
374 (b) The division, upon application from the holder of a jai
375 alai permit meeting all conditions of this section, shall
376 convert the permit and shall issue to the permitholder a permit
377 to conduct greyhound racing. A permitholder of a permit
378 converted under this section shall be required to apply for and
379 conduct a full schedule of live racing each fiscal year to be
380 eligible for any tax credit provided by this chapter. The holder
381 of a permit converted under former subsection (14) of this
382 section, Florida Statutes 2020, pursuant to this subsection or
383 any holder of a permit to conduct greyhound racing located in a
384 county in which it is the only permit issued pursuant to this
385 section who operates at a leased facility pursuant to s. 550.475
386 may move the location for which the permit has been issued to
387 another location within a 30-mile radius of the location fixed
388 in the permit issued in that county, provided the move does not
389 cross the county boundary and such location is approved under
390 the zoning regulations of the county or municipality in which
391 the permit is located, and upon such relocation may use the
392 permit for the conduct of pari-mutuel wagering and the operation
393 of a cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
394 apply to any permit converted under former subsection (14) of
395 this section, Florida Statutes 2020, this subsection and shall
396 continue to apply to any permit which was previously included
397 under and subject to such provisions before a conversion
398 pursuant to this section occurred.
399 Section 8. Subsection (4) of section 550.09511, Florida
400 Statutes, is amended to read:
401 550.09511 Jai alai taxes; abandoned interest in a permit
402 for nonpayment of taxes.—
403 (4) A jai alai permitholder conducting fewer than 100 live
404 performances in any calendar year shall pay to the state the
405 same aggregate amount of daily license fees on live jai alai
406 games, admissions tax, and tax on live handle as that
407 permitholder paid to the state during the most recent prior
408 calendar year in which the jai alai permitholder conducted at
409 least 100 live performances.
410 Section 9. Paragraph (a) of subsection (3) of section
411 550.09512, Florida Statutes, is amended to read:
412 550.09512 Harness horse taxes; abandoned interest in a
413 permit for nonpayment of taxes.—
414 (3)(a) The permit of a harness horse permitholder who is
415 conducting live harness horse performances and who does not pay
416 tax on handle for any such live harness horse performances
417 conducted for a full schedule of live races during any 2
418 consecutive state fiscal years shall be void and shall escheat
419 to and become the property of the state unless such failure to
420 operate and pay tax on handle was the direct result of fire,
421 strike, war, or other disaster or event beyond the ability of
422 the permitholder to control. Financial hardship to the
423 permitholder shall not, in and of itself, constitute just cause
424 for failure to operate and pay tax on handle.
425 Section 10. Subsections (2) and (9) of section 550.105,
426 Florida Statutes, are amended to read:
427 550.105 Occupational licenses of racetrack employees; fees;
428 denial, suspension, and revocation of license; penalties and
429 fines.—
430 (2)(a) The following licenses shall be issued to persons or
431 entities with access to the backside, racing animals, jai alai
432 players’ room, jockeys’ room, drivers’ room, totalisator room,
433 the mutuels, or money room, or to persons who, by virtue of the
434 position they hold, might be granted access to these areas or to
435 any other person or entity in one of the following categories
436 and with fees not to exceed the following amounts for any 12
437 month period:
438 1. Business licenses: any business such as a vendor,
439 contractual concessionaire, contract kennel, business owning
440 racing animals, trust or estate, totalisator company, stable
441 name, or other fictitious name: $50.
442 2. Professional occupational licenses: professional persons
443 with access to the backside of a racetrack or players’ quarters
444 in jai alai such as trainers, officials, veterinarians, doctors,
445 nurses, EMT’s, jockeys and apprentices, drivers, jai alai
446 players, owners, trustees, or any management or officer or
447 director or shareholder or any other professional-level person
448 who might have access to the jockeys’ room, the drivers’ room,
449 the backside, racing animals, kennel compound, or managers or
450 supervisors requiring access to mutuels machines, the money
451 room, or totalisator equipment: $40.
452 3. General occupational licenses: general employees with
453 access to the jockeys’ room, the drivers’ room, racing animals,
454 the backside of a racetrack or players’ quarters in jai alai,
455 such as grooms, kennel helpers, leadouts, pelota makers, cesta
456 makers, or ball boys, or a practitioner of any other occupation
457 who would have access to the animals or, the backside, or the
458 kennel compound, or who would provide the security or
459 maintenance of these areas, or mutuel employees, totalisator
460 employees, money-room employees, or any employee with access to
461 mutuels machines, the money room, or totalisator equipment or
462 who would provide the security or maintenance of these areas:
463 $10.
464
465 The individuals and entities that are licensed under this
466 paragraph require heightened state scrutiny, including the
467 submission by the individual licensees or persons associated
468 with the entities described in this chapter of fingerprints for
469 a Federal Bureau of Investigation criminal records check.
470 (b) The division shall adopt rules pertaining to pari
471 mutuel occupational licenses, licensing periods, and renewal
472 cycles.
473 (9) The tax imposed by this section is in lieu of all
474 license, excise, or occupational taxes to the state or any
475 county, municipality, or other political subdivision, except
476 that, if a race meeting or game is held or conducted in a
477 municipality, the municipality may assess and collect an
478 additional tax against any person conducting live racing or
479 games within its corporate limits, which tax may not exceed $150
480 per day for horseracing or $50 per day for dogracing or jai
481 alai. Except as provided in this chapter, a municipality may not
482 assess or collect any additional excise or revenue tax against
483 any person conducting race meetings within the corporate limits
484 of the municipality or against any patron of any such person.
485 Section 11. Section 550.1155, Florida Statutes, is amended
486 to read:
487 550.1155 Authority of stewards, judges, panel of judges, or
488 player’s manager to impose penalties against occupational
489 licensees; disposition of funds collected.—
490 (1) The stewards at a horse racetrack; the judges at a dog
491 track; or the judges, a panel of judges, or a player’s manager
492 at a jai alai fronton may impose a civil penalty against any
493 occupational licensee for violation of the pari-mutuel laws or
494 any rule adopted by the division. The penalty may not exceed
495 $1,000 for each count or separate offense or exceed 60 days of
496 suspension for each count or separate offense.
497 (2) All penalties imposed and collected pursuant to this
498 section at each horse or dog racetrack or jai alai fronton shall
499 be deposited into a board of relief fund established by the
500 pari-mutuel permitholder. Each association shall name a board of
501 relief composed of three of its officers, with the general
502 manager of the permitholder being the ex officio treasurer of
503 such board. Moneys deposited into the board of relief fund shall
504 be disbursed by the board for the specific purpose of aiding
505 occupational licenseholders and their immediate family members
506 at each pari-mutuel facility.
507 Section 12. Section 550.1647, Florida Statutes, is amended
508 to read:
509 550.1647 Greyhound permitholders; unclaimed tickets;
510 breaks.—All money or other property represented by any
511 unclaimed, uncashed, or abandoned pari-mutuel ticket which has
512 remained in the custody of or under the control of any greyhound
513 permitholder authorized to conduct greyhound racing pari-mutuel
514 wagering pools in this state for a period of 1 year after the
515 date the pari-mutuel ticket was issued, if the rightful owner or
516 owners thereof have made no claim or demand for such money or
517 other property within that period of time, shall, with respect
518 to live races conducted by the permitholder, be remitted to the
519 state pursuant to s. 550.1645; however, such permitholder shall
520 be entitled to a credit in each state fiscal year in an amount
521 equal to the actual amount remitted in the prior state fiscal
522 year which may be applied against any taxes imposed pursuant to
523 this chapter. In addition, each permitholder shall pay, from any
524 source, including the proceeds from performances conducted
525 pursuant to s. 550.0351, an amount not less than 10 percent of
526 the amount of the credit provided by this section to any bona
527 fide organization that promotes or encourages the adoption of
528 greyhounds. As used in this chapter, the term “bona fide
529 organization that promotes or encourages the adoption of
530 greyhounds” means any organization that provides evidence of
531 compliance with chapter 496 and possesses a valid exemption from
532 federal taxation issued by the Internal Revenue Service. Such
533 bona fide organization, as a condition of adoption, must provide
534 sterilization of greyhounds by a licensed veterinarian before
535 relinquishing custody of the greyhound to the adopter. The fee
536 for sterilization may be included in the cost of adoption.
537 Section 13. Section 550.1648, Florida Statutes, is
538 repealed.
539 Section 14. Section 550.175, Florida Statutes, is amended
540 to read:
541 550.175 Petition for election to revoke permit.—Upon
542 petition of 20 percent of the qualified electors of any county
543 wherein any pari-mutuel wagering racing has been licensed and
544 conducted under this chapter, the county commissioners of such
545 county shall provide for the submission to the electors of such
546 county at the then next succeeding general election the question
547 of whether any permit or permits theretofore granted shall be
548 continued or revoked, and if a majority of the electors voting
549 on such question in such election vote to cancel or recall the
550 permit theretofore given, the division may not thereafter grant
551 any license on the permit so recalled. Every signature upon
552 every recall petition must be signed in the presence of the
553 clerk of the board of county commissioners at the office of the
554 clerk of the circuit court of the county, and the petitioner
555 must present at the time of such signing her or his registration
556 receipt showing the petitioner’s qualification as an elector of
557 the county at the time of the signing of the petition. Not more
558 than one permit may be included in any one petition; and, in all
559 elections in which the recall of more than one permit is voted
560 on, the voters shall be given an opportunity to vote for or
561 against the recall of each permit separately. Nothing in this
562 chapter shall be construed to prevent the holding of later
563 referendum or recall elections.
564 Section 15. Subsection (1) of section 550.1815, Florida
565 Statutes, is amended to read:
566 550.1815 Certain persons prohibited from holding racing or
567 jai alai permits; suspension and revocation.—
568 (1) A corporation, general or limited partnership, sole
569 proprietorship, business trust, joint venture, or unincorporated
570 association, or other business entity may not hold any
571 horseracing or greyhound dogracing permit or jai alai fronton
572 permit in this state if any one of the persons or entities
573 specified in paragraph (a) has been determined by the division
574 not to be of good moral character or has been convicted of any
575 offense specified in paragraph (b).
576 (a)1. The permitholder;
577 2. An employee of the permitholder;
578 3. The sole proprietor of the permitholder;
579 4. A corporate officer or director of the permitholder;
580 5. A general partner of the permitholder;
581 6. A trustee of the permitholder;
582 7. A member of an unincorporated association permitholder;
583 8. A joint venturer of the permitholder;
584 9. The owner of more than 5 percent of any equity interest
585 in the permitholder, whether as a common shareholder, general or
586 limited partner, voting trustee, or trust beneficiary; or
587 10. An owner of any interest in the permit or permitholder,
588 including any immediate family member of the owner, or holder of
589 any debt, mortgage, contract, or concession from the
590 permitholder, who by virtue thereof is able to control the
591 business of the permitholder.
592 (b)1. A felony in this state;
593 2. Any felony in any other state which would be a felony if
594 committed in this state under the laws of this state;
595 3. Any felony under the laws of the United States;
596 4. A felony under the laws of another state if related to
597 gambling which would be a felony under the laws of this state if
598 committed in this state; or
599 5. Bookmaking as defined in s. 849.25.
600 Section 16. Subsection (2) of section 550.24055, Florida
601 Statutes, is amended to read:
602 550.24055 Use of controlled substances or alcohol
603 prohibited; testing of certain occupational licensees; penalty;
604 evidence of test or action taken and admissibility for criminal
605 prosecution limited.—
606 (2) The occupational licensees, by applying for and holding
607 such licenses, are deemed to have given their consents to submit
608 to an approved chemical test of their breath for the purpose of
609 determining the alcoholic content of their blood and to a urine
610 or blood test for the purpose of detecting the presence of
611 controlled substances. Such tests shall only be conducted upon
612 reasonable cause that a violation has occurred as shall be
613 determined solely by the stewards at a horseracing meeting or
614 the judges or board of judges at a dogtrack or jai alai meet.
615 The failure to submit to such test may result in a suspension of
616 the person’s occupational license for a period of 10 days or
617 until this section has been complied with, whichever is longer.
618 (a) If there was at the time of the test 0.05 percent or
619 less by weight of alcohol in the person’s blood, the person is
620 presumed not to have been under the influence of alcoholic
621 beverages to the extent that the person’s normal faculties were
622 impaired, and no action of any sort may be taken by the
623 stewards, judges, or board of judges or the division.
624 (b) If there was at the time of the test an excess of 0.05
625 percent but less than 0.08 percent by weight of alcohol in the
626 person’s blood, that fact does not give rise to any presumption
627 that the person was or was not under the influence of alcoholic
628 beverages to the extent that the person’s faculties were
629 impaired, but the stewards, judges, or board of judges may
630 consider that fact in determining whether or not the person will
631 be allowed to officiate or participate in any given race or jai
632 alai game.
633 (c) If there was at the time of the test 0.08 percent or
634 more by weight of alcohol in the person’s blood, that fact is
635 prima facie evidence that the person was under the influence of
636 alcoholic beverages to the extent that the person’s normal
637 faculties were impaired, and the stewards or judges may take
638 action as set forth in this section, but the person may not
639 officiate at or participate in any race or jai alai game on the
640 day of such test.
641
642 All tests relating to alcohol must be performed in a manner
643 substantially similar, or identical, to the provisions of s.
644 316.1934 and rules adopted pursuant to that section. Following a
645 test of the urine or blood to determine the presence of a
646 controlled substance as defined in chapter 893, if a controlled
647 substance is found to exist, the stewards, judges, or board of
648 judges may take such action as is permitted in this section.
649 Section 17. Paragraph (d) of subsection (5), paragraphs (b)
650 and (c) of subsection (6), paragraph (a) of subsection (9), and
651 subsection (13) of section 550.2415, Florida Statutes, are
652 amended to read:
653 550.2415 Racing of animals under certain conditions
654 prohibited; penalties; exceptions.—
655 (5) The division shall implement a split-sample procedure
656 for testing animals under this section.
657 (d) For the testing of a racing greyhound, if there is an
658 insufficient quantity of the secondary (split) sample for
659 confirmation of the division laboratory’s positive result, the
660 division may commence administrative proceedings as prescribed
661 in this chapter and consistent with chapter 120.
662 (6)
663 (b) The division shall, by rule, establish the procedures
664 for euthanizing greyhounds. However, a greyhound may not be put
665 to death by any means other than by lethal injection of the drug
666 sodium pentobarbital. A greyhound may not be removed from this
667 state for the purpose of being destroyed.
668 (c) It is a violation of this chapter for an occupational
669 licensee to train a greyhound using live or dead animals. A
670 greyhound may not be taken from this state for the purpose of
671 being trained through the use of live or dead animals.
672 (9)(a) The division may conduct a postmortem examination of
673 any animal that is injured at a permitted racetrack while in
674 training or in competition and that subsequently expires or is
675 destroyed. The division may conduct a postmortem examination of
676 any animal that expires while housed at a permitted racetrack,
677 association compound, or licensed kennel or farm. Trainers and
678 owners shall be requested to comply with this paragraph as a
679 condition of licensure.
680 (13) The division may implement by rule medication levels
681 for racing greyhounds recommended by the University of Florida
682 College of Veterinary Medicine developed pursuant to an
683 agreement between the Division of Pari-mutuel Wagering and the
684 University of Florida College of Veterinary Medicine. The
685 University of Florida College of Veterinary Medicine may provide
686 written notification to the division that it has completed
687 research or review on a particular drug pursuant to the
688 agreement and when the College of Veterinary Medicine has
689 completed a final report of its findings, conclusions, and
690 recommendations to the division.
691 Section 18. Subsection (8) of section 550.334, Florida
692 Statutes, is amended to read
693 550.334 Quarter horse racing; substitutions.—
694 (8) To be eligible to conduct intertrack wagering, a
695 quarter horse racing permitholder must have conducted a full
696 schedule of live racing in the preceding year.
697 Section 19. Subsections (2) and (4), paragraph (a) of
698 subsection (6), and subsection (11) of section 550.3551, Florida
699 Statutes, are amended to read:
700 550.3551 Transmission of racing and jai alai information;
701 commingling of pari-mutuel pools.—
702 (2) Any horse track, dog track, or fronton licensed under
703 this chapter may transmit broadcasts of races or games conducted
704 at the enclosure of the licensee to locations outside this
705 state.
706 (a) All broadcasts of horseraces transmitted to locations
707 outside this state must comply with the provisions of the
708 Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
709 3001 et seq.
710 (b) Wagers accepted by any out-of-state pari-mutuel
711 permitholder or licensed betting system on a race broadcasted
712 under this subsection may be, but are not required to be,
713 included in the pari-mutuel pools of the horse track in this
714 state that broadcasts the race upon which wagers are accepted.
715 The handle, as referred to in s. 550.0951(3), does not include
716 any wagers accepted by an out-of-state pari-mutuel permitholder
717 or licensed betting system, irrespective of whether such wagers
718 are included in the pari-mutuel pools of the Florida
719 permitholder as authorized by this subsection.
720 (4) Any greyhound permitholder or jai alai permitholder dog
721 track or fronton licensed under this chapter may receive at its
722 licensed location broadcasts of dograces or jai alai games
723 conducted at other tracks or frontons located outside the state
724 at the track enclosure of the licensee during its operational
725 meeting. All forms of pari-mutuel wagering are allowed on
726 dograces or jai alai games broadcast under this subsection. All
727 money wagered by patrons on dograces broadcast under this
728 subsection shall be computed in the amount of money wagered each
729 performance for purposes of taxation under ss. 550.0951 and
730 550.09511.
731 (6)(a) A maximum of 20 percent of the total number of races
732 on which wagers are accepted by a greyhound permitholder not
733 located as specified in s. 550.615(6) may be received from
734 locations outside this state. A permitholder conducting live
735 races or games may not conduct fewer than eight live races or
736 games on any authorized race day except as provided in this
737 subsection. A thoroughbred permitholder may not conduct fewer
738 than eight live races on any race day without the written
739 approval of the Florida Thoroughbred Breeders’ Association and
740 the Florida Horsemen’s Benevolent and Protective Association,
741 Inc., unless it is determined by the department that another
742 entity represents a majority of the thoroughbred racehorse
743 owners and trainers in the state. If conducting live racing, a
744 harness permitholder may conduct fewer than eight live races on
745 any authorized race day., except that such permitholder must
746 conduct a full schedule of live racing during its race meet
747 consisting of at least eight live races per authorized race day
748 for at least 100 days. Any harness horse permitholder that
749 during the preceding racing season conducted a full schedule of
750 live racing may, at any time during its current race meet,
751 receive full-card broadcasts of harness horse races conducted at
752 harness racetracks outside this state at the harness track of
753 the permitholder and accept wagers on such harness races. With
754 specific authorization from the division for special racing
755 events, a permitholder may conduct fewer than eight live races
756 or games when the permitholder also broadcasts out-of-state
757 races or games. The division may not grant more than two such
758 exceptions a year for a permitholder in any 12-month period, and
759 those two exceptions may not be consecutive.
760 (11) Greyhound permitholders tracks and jai alai
761 permitholders frontons have the same privileges as provided in
762 this section to horserace permitholders horse tracks, as
763 applicable, subject to rules adopted under subsection (10).
764 Section 20. Subsections (1), (3), (4), (5), and (6) of
765 section 550.3615, Florida Statutes, are amended to read:
766 550.3615 Bookmaking on the grounds of a permitholder;
767 penalties; reinstatement; duties of track employees; penalty;
768 exceptions.—
769 (1) Any person who engages in bookmaking, as defined in s.
770 849.25, on the grounds or property of a pari-mutuel facility
771 commits permitholder of a horse or dog track or jai alai fronton
772 is guilty of a felony of the third degree, punishable as
773 provided in s. 775.082, s. 775.083, or s. 775.084.
774 Notwithstanding the provisions of s. 948.01, any person
775 convicted under the provisions of this subsection shall not have
776 adjudication of guilt suspended, deferred, or withheld.
777 (3) Any person who has been convicted of bookmaking in this
778 state or any other state of the United States or any foreign
779 country shall be denied admittance to and shall not attend any
780 pari-mutuel facility racetrack or fronton in this state during
781 its racing seasons or operating dates, including any practice or
782 preparational days, for a period of 2 years after the date of
783 conviction or the date of final appeal. Following the conclusion
784 of the period of ineligibility, the director of the division may
785 authorize the reinstatement of an individual following a hearing
786 on readmittance. Any such person who knowingly violates this
787 subsection commits is guilty of a misdemeanor of the first
788 degree, punishable as provided in s. 775.082 or s. 775.083.
789 (4) If the activities of a person show that this law is
790 being violated, and such activities are either witnessed or are
791 common knowledge by any pari-mutuel facility track or fronton
792 employee, it is the duty of that employee to bring the matter to
793 the immediate attention of the permitholder, manager, or her or
794 his designee, who shall notify a law enforcement agency having
795 jurisdiction. Willful failure by the pari-mutuel facility on the
796 part of any track or fronton employee to comply with the
797 provisions of this subsection is a ground for the division to
798 suspend or revoke that employee’s license for pari-mutuel
799 facility track or fronton employment.
800 (5) Each permittee shall display, in conspicuous places at
801 a pari-mutuel facility track or fronton and in all race and jai
802 alai daily programs, a warning to all patrons concerning the
803 prohibition and penalties of bookmaking contained in this
804 section and s. 849.25. The division shall adopt rules concerning
805 the uniform size of all warnings and the number of placements
806 throughout a pari-mutuel facility track or fronton. Failure on
807 the part of the permittee to display such warnings may result in
808 the imposition of a $500 fine by the division for each offense.
809 (6) This section does not apply to any person attending a
810 track or fronton or employed by or attending a pari-mutuel
811 facility a track or fronton who places a bet through the
812 legalized pari-mutuel pool for another person, provided such
813 service is rendered gratuitously and without fee or other
814 reward.
815 Section 21. Section 550.475, Florida Statutes, is amended
816 to read:
817 550.475 Lease of pari-mutuel facilities by pari-mutuel
818 permitholders.—Holders of valid pari-mutuel permits for the
819 conduct of any pari-mutuel wagering jai alai games, dogracing,
820 or thoroughbred and standardbred horse racing in this state are
821 entitled to lease any and all of their facilities to any other
822 holder of a same class valid pari-mutuel permit for jai alai
823 games, dogracing, or thoroughbred or standardbred horse racing,
824 when located within a 35-mile radius of each other; and such
825 lessee is entitled to a permit and license to conduct intertrack
826 wagering and operate its race meet or jai alai games at the
827 leased premises.
828 Section 22. Subsections (2) and (8) of section 550.615,
829 Florida Statutes, are amended, and subsection (11) is added to
830 that section, to read:
831 550.615 Intertrack wagering.—
832 (2) A pari-mutuel permitholder that has met the applicable
833 requirement for that permitholder to conduct live racing or
834 games under s. 550.01215(1)(b), if any, Any track or fronton
835 licensed under this chapter which in the preceding year
836 conducted a full schedule of live racing is qualified to, at any
837 time, receive broadcasts of any class of pari-mutuel race or
838 game and accept wagers on such races or games conducted by any
839 class of permitholders licensed under this chapter.
840 (8) In any three contiguous counties of the state where
841 there are only three permitholders, all of which are greyhound
842 permitholders, if any permitholder leases the facility of
843 another permitholder for all or any portion of the conduct of
844 its live race meet pursuant to s. 550.475, such lessee may
845 conduct intertrack wagering at its pre-lease permitted facility
846 throughout the entire year, including while its live meet is
847 being conducted at the leased facility, if such permitholder has
848 conducted a full schedule of live racing during the preceding
849 fiscal year at its pre-lease permitted facility or at a leased
850 facility, or combination thereof.
851 (11) Any greyhound permitholder licensed under this chapter
852 to conduct pari-mutuel wagering is qualified to, at any time,
853 receive broadcasts of any class of pari-mutuel race or game and
854 accept wagers on such races or games conducted by any class of
855 permitholders licensed under this chapter.
856 Section 23. Subsection (2) of section 550.6305, Florida
857 Statutes, is amended to read:
858 550.6305 Intertrack wagering; guest track payments;
859 accounting rules.—
860 (2) For the purposes of calculation of odds and payoffs and
861 distribution of the pari-mutuel pools, all intertrack wagers
862 shall be combined with the pari-mutuel pools at the host track.
863 Notwithstanding this subsection or subsection (4), a greyhound
864 pari-mutuel permitholder may conduct intertrack wagering without
865 combining pari-mutuel pools on not more than three races in any
866 week, not to exceed 20 races in a year. All other provisions
867 concerning pari-mutuel takeout and payments, including state tax
868 payments, apply as if the pool had been combined.
869 Section 24. Paragraph (c) of subsection (4) of section
870 551.104, Florida Statutes, is amended to read:
871 551.104 License to conduct slot machine gaming.—
872 (4) As a condition of licensure and to maintain continued
873 authority for the conduct of slot machine gaming, the slot
874 machine licensee shall:
875 (c) If a thoroughbred permitholder, conduct no fewer than a
876 full schedule of live racing or games as defined in s.
877 550.002(11). A permitholder’s responsibility to conduct such
878 number of live races or games shall be reduced by the number of
879 races or games that could not be conducted due to the direct
880 result of fire, war, hurricane, or other disaster or event
881 beyond the control of the permitholder.
882 Section 25. Subsection (4) of section 551.114, Florida
883 Statutes, is amended to read:
884 551.114 Slot machine gaming areas.—
885 (4) Designated slot machine gaming areas must may be
886 located at the address specified in the licensed permitholder’s
887 slot machine license issued for fiscal year 2020-2021 within the
888 current live gaming facility or in an existing building that
889 must be contiguous and connected to the live gaming facility. If
890 a designated slot machine gaming area is to be located in a
891 building that is to be constructed, that new building must be
892 contiguous and connected to the live gaming facility.
893 Section 26. Subsection (5) of section 565.02, Florida
894 Statutes, is amended to read:
895 565.02 License fees; vendors; clubs; caterers; and others.—
896 (5) A caterer at a pari-mutuel facility licensed under
897 chapter 550 horse or dog racetrack or jai alai fronton may
898 obtain a license upon the payment of an annual state license tax
899 of $675. Such caterer’s license shall permit sales only within
900 the enclosure in which pari-mutuel wagering is conducted such
901 races or jai alai games are conducted, and such licensee shall
902 be permitted to sell only during the period beginning 10 days
903 before and ending 10 days after racing or jai alai under the
904 authority of the Division of Pari-mutuel Wagering of the
905 Department of Business and Professional Regulation is conducted
906 at such racetrack or jai alai fronton. Except as in this
907 subsection otherwise provided, caterers licensed hereunder shall
908 be treated as vendors licensed to sell by the drink the
909 beverages mentioned herein and shall be subject to all the
910 provisions hereof relating to such vendors.
911 Section 27. Paragraphs (a) and (b) of subsection (5) and
912 paragraph (d) of subsection (13) of section 849.086, Florida
913 Statutes, are amended to read:
914 849.086 Cardrooms authorized.—
915 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
916 operate a cardroom in this state unless such person holds a
917 valid cardroom license issued pursuant to this section.
918 (a) Only those persons holding a valid cardroom license
919 issued by the division may operate a cardroom. A cardroom
920 license may only be issued to a licensed pari-mutuel
921 permitholder and an authorized cardroom may only be operated at
922 the same facility at which the permitholder is authorized under
923 its valid pari-mutuel wagering permit to conduct pari-mutuel
924 wagering activities. An initial cardroom license shall be issued
925 to a pari-mutuel permitholder only after its facilities are in
926 place and after it conducts its first day of pari-mutuel
927 activities on live racing or games.
928 (b) After the initial cardroom license is granted, the
929 application for the annual license renewal shall be made in
930 conjunction with the applicant’s annual application for its
931 pari-mutuel license. If a permitholder has operated a cardroom
932 during any of the 3 previous fiscal years and fails to include a
933 renewal request for the operation of the cardroom in its annual
934 application for license renewal, the permitholder may amend its
935 annual application to include operation of the cardroom. In
936 order for a cardroom license to be renewed the applicant must
937 have requested, as part of its pari-mutuel annual license
938 application, to conduct at least 90 percent of the total number
939 of live performances conducted by such permitholder during
940 either the state fiscal year in which its initial cardroom
941 license was issued or the state fiscal year immediately prior
942 thereto if the permitholder ran at least a full schedule of live
943 racing or games in the prior year. If the application is for a
944 harness permitholder cardroom, the applicant must have requested
945 authorization to conduct a minimum of 140 live performances
946 during the state fiscal year immediately prior thereto. If more
947 than one permitholder is operating at a facility, each
948 permitholder must have applied for a license to conduct a full
949 schedule of live racing.
950 (13) TAXES AND OTHER PAYMENTS.—
951 (d)1. Each greyhound and jai alai permitholder that
952 conducts live performances and operates a cardroom facility
953 shall use at least 4 percent of such permitholder’s cardroom
954 monthly gross receipts to supplement greyhound purses or jai
955 alai prize money, respectively, during the permitholder’s next
956 ensuing pari-mutuel meet.
957 2. Each thoroughbred permitholder or and harness horse
958 racing permitholder that conducts live performances and operates
959 a cardroom facility shall use at least 50 percent of such
960 permitholder’s cardroom monthly net proceeds as follows: 47
961 percent to supplement purses and 3 percent to supplement
962 breeders’ awards during the permitholder’s next ensuing racing
963 meet.
964 3. No cardroom license or renewal thereof shall be issued
965 to an applicant holding a permit under chapter 550 to conduct
966 pari-mutuel wagering meets of quarter horse racing and
967 conducting live performances unless the applicant has on file
968 with the division a binding written agreement between the
969 applicant and the Florida Quarter Horse Racing Association or
970 the association representing a majority of the horse owners and
971 trainers at the applicant’s eligible facility, governing the
972 payment of purses on live quarter horse races conducted at the
973 licensee’s pari-mutuel facility. The agreement governing purses
974 may direct the payment of such purses from revenues generated by
975 any wagering or gaming the applicant is authorized to conduct
976 under Florida law. All purses shall be subject to the terms of
977 chapter 550.
978 Section 28. For the purpose of incorporating the amendment
979 made by this act to section 550.002, Florida Statutes, in a
980 reference thereto, paragraph (c) of subsection (2) of section
981 380.0651, Florida Statutes, is reenacted to read:
982 380.0651 Statewide guidelines, standards, and exemptions.—
983 (2) STATUTORY EXEMPTIONS.—The following developments are
984 exempt from s. 380.06:
985 (c) Any proposed addition to an existing sports facility
986 complex if the addition meets the following characteristics:
987 1. It would not operate concurrently with the scheduled
988 hours of operation of the existing facility;
989 2. Its seating capacity would be no more than 75 percent of
990 the capacity of the existing facility; and
991 3. The sports facility complex property was owned by a
992 public body before July 1, 1983.
993
994 This exemption does not apply to any pari-mutuel facility as
995 defined in s. 550.002.
996
997 If a use is exempt from review pursuant to paragraphs (a)-(u),
998 but will be part of a larger project that is subject to review
999 pursuant to s. 380.06(12), the impact of the exempt use must be
1000 included in the review of the larger project, unless such exempt
1001 use involves a development that includes a landowner, tenant, or
1002 user that has entered into a funding agreement with the state
1003 land planning agency under the Innovation Incentive Program and
1004 the agreement contemplates a state award of at least $50
1005 million.
1006 Section 29. For the purpose of incorporating the amendment
1007 made by this act to section 550.002, Florida Statutes, in a
1008 reference thereto, paragraph (c) of subsection (4) of section
1009 402.82, Florida Statutes, is reenacted to read:
1010 402.82 Electronic benefits transfer program.—
1011 (4) Use or acceptance of an electronic benefits transfer
1012 card is prohibited at the following locations or for the
1013 following activities:
1014 (c) A pari-mutuel facility as defined in s. 550.002.
1015 Section 30. For the purpose of incorporating the amendment
1016 made by this act to section 550.002, Florida Statutes, in a
1017 reference thereto, subsection (1) of section 480.0475, Florida
1018 Statutes, is reenacted to read:
1019 480.0475 Massage establishments; prohibited practices.—
1020 (1) A person may not operate a massage establishment
1021 between the hours of midnight and 5 a.m. This subsection does
1022 not apply to a massage establishment:
1023 (a) Located on the premises of a health care facility as
1024 defined in s. 408.07; a health care clinic as defined in s.
1025 400.9905(4); a hotel, motel, or bed and breakfast inn, as those
1026 terms are defined in s. 509.242; a timeshare property as defined
1027 in s. 721.05; a public airport as defined in s. 330.27; or a
1028 pari-mutuel facility as defined in s. 550.002;
1029 (b) In which every massage performed between the hours of
1030 midnight and 5 a.m. is performed by a massage therapist acting
1031 under the prescription of a physician or physician assistant
1032 licensed under chapter 458, an osteopathic physician or
1033 physician assistant licensed under chapter 459, a chiropractic
1034 physician licensed under chapter 460, a podiatric physician
1035 licensed under chapter 461, an advanced practice registered
1036 nurse licensed under part I of chapter 464, or a dentist
1037 licensed under chapter 466; or
1038 (c) Operating during a special event if the county or
1039 municipality in which the establishment operates has approved
1040 such operation during the special event.
1041 Section 31. This act shall take effect July 1, 2021.