Florida Senate - 2021                                     SB 8-A
       By Senator Hutson
       7-00005-21A                                             20218A__
    1                        A bill to be entitled                      
    2         An act relating to gaming; amending s. 550.002, F.S.;
    3         revising and providing definitions; amending s.
    4         550.0115, F.S.; conforming provisions to changes made
    5         by the act; amending s. 550.01215, F.S.; revising the
    6         application requirements for an operating license to
    7         conduct pari-mutuel wagering for a pari-mutuel
    8         facility; prohibiting greyhound permitholders from
    9         conducting live racing; authorizing jai alai
   10         permitholders, harness horse racing permitholders, and
   11         quarter horse racing permitholders to elect not to
   12         conduct live racing or games; requiring thoroughbred
   13         permitholders to conduct live racing; specifying that
   14         certain permitholders that do not conduct live racing
   15         or games retain their permit and remain pari-mutuel
   16         facilities; specifying that, if such permitholder has
   17         been issued a slot machine license, the permitholder’s
   18         facility remains an eligible facility, continues to be
   19         eligible for a slot machine license, is exempt from
   20         certain provisions of ch. 551, F.S., is eligible to be
   21         a guest track, and, if the permitholder is a harness
   22         horse racing permitholder, is eligible to be a host
   23         track for intertrack wagering and simulcasting and
   24         remains eligible for a cardroom license; prohibiting a
   25         permitholder or licensee from conducting live
   26         greyhound racing or dogracing in connection with any
   27         wager for money or any other thing of value in the
   28         state; providing administrative and civil penalties;
   29         providing requirements for the funds generated from
   30         such penalties; prohibiting operating licenses from
   31         being issued to a pari-mutuel permitholder unless a
   32         specified requirement is met; authorizing the Division
   33         of Pari-mutuel Wagering to approve a change in racing
   34         dates for certain permitholders if the request for a
   35         change is received before a specified date and under
   36         certain circumstances for a specified fiscal year;
   37         deleting a provision authorizing the conversion of
   38         certain permits to a jai alai permit under certain
   39         circumstances; conforming provisions to changes made
   40         by the act; amending s. 550.0235, F.S.; conforming
   41         provisions to changes made by the act; amending s.
   42         550.0351, F.S.; deleting a provision relating to hound
   43         dog derbies and mutt derbies; conforming provisions to
   44         changes made by the act; amending s. 550.0425, F.S.;
   45         deleting a provision authorizing certain minors to be
   46         granted access to kennel compound areas under certain
   47         circumstances; amending s. 550.054, F.S.; requiring
   48         the division to revoke the permit of certain
   49         permitholders; specifying such revoked permit is void
   50         and may not be reissued; revising requirements to hold
   51         a permit for the operation of a pari-mutuel facility
   52         and an associated cardroom or slot machine facility;
   53         specifying certain permits held on a specified date
   54         are deemed valid for specified purposes; prohibiting
   55         new permits for the conduct of pari-mutuel wagering
   56         from being issued after a specified date; prohibiting
   57         a permit to conduct pari-mutuel wagering from being
   58         converted to another class of permit; conforming
   59         provisions to changes made by the act; amending s.
   60         550.0745, F.S.; authorizing summer jai alai
   61         permitholders to conduct pari-mutuel wagering
   62         throughout the year; deleting provisions relating to
   63         the conversion of a pari-mutuel permit to a summer jai
   64         alai permit; amending s. 550.09511, F.S.; deleting a
   65         provision relating to the payment of certain taxes and
   66         fees by jai alai permitholders conducting fewer than a
   67         specified number of live performances; amending s.
   68         550.09512, F.S.; revising the circumstances for which
   69         a harness horse permitholder’s permit is voided for
   70         failing to pay certain taxes; prohibiting the reissue
   71         of such permit; amending ss. 550.105, 550.1155, and
   72         550.1647, F.S.; conforming provisions to changes made
   73         by the act; repealing s. 550.1648, F.S., relating to
   74         greyhound adoptions; amending ss. 550.175, 550.1815,
   75         and 550.24055, F.S.; conforming provisions to changes
   76         made by the act; amending s. 550.2415, F.S.; deleting
   77         provisions relating to the testing, euthanasia,
   78         training, and medication levels of racing greyhounds;
   79         amending s. 550.334, F.S.; conforming provisions to
   80         changes made by the act; amending s. 550.3345, F.S.;
   81         requiring that net revenues derived from specified
   82         licenses issued to not-for-profit corporations be
   83         dedicated to certain purposes; prohibiting the
   84         transfer of such licenses; providing construction;
   85         amending s. 550.3551, F.S.; conforming provisions to
   86         changes made by the act; amending s. 550.3615, F.S.;
   87         conforming provisions to changes made by the act;
   88         prohibiting a person convicted of bookmaking from
   89         attending or being admitted to a pari-mutuel facility;
   90         requiring pari-mutuel facility employees to notify
   91         certain persons of unlawful activities; providing
   92         civil penalties; requiring a permittee to display
   93         certain warnings relating to bookmaking at his or her
   94         pari-mutuel facility; revising applicability; creating
   95         s. 550.3616, F.S.; prohibiting persons authorized to
   96         conduct gaming or pari-mutuel operations in this state
   97         from racing greyhounds or other dogs in connection
   98         with any wager for money or thing of value; providing
   99         criminal penalties; prohibiting the suspension,
  100         deferment, or withholding of adjudication of guilt of
  101         certain persons; amending s. 550.475, F.S.; revising
  102         provisions relating to leasing pari-mutuel facilities;
  103         amending s. 550.5251, F.S.; deleting a prohibition
  104         against thoroughbred racing permitholders beginning
  105         races after a specified time; deleting provisions
  106         relating to the operation of cardrooms by thoroughbred
  107         racing permitholders after a specified time and
  108         receiving and rebroadcasting out-of-state races after
  109         a specified time under certain circumstances; amending
  110         s. 550.615, F.S.; revising requirements relating to
  111         intertrack wagering; specifying that greyhound
  112         permitholders are qualified to receive certain
  113         broadcasts and accept specified wagers; amending s.
  114         550.6305, F.S.; conforming provisions to changes made
  115         by the act; amending s. 550.6308, F.S.; revising
  116         requirements for a limited intertrack wagering
  117         license; revising requirements for intertrack
  118         wagering; deleting requirements for limited intertrack
  119         wagering licensees to make specified payments;
  120         amending s. 551.104, F.S.; conforming provisions to
  121         changes made by the act; amending s. 551.114, F.S.;
  122         revising requirements for the location of designated
  123         slot machine gaming areas; amending s. 551.116, F.S.;
  124         authorizing slot machine gaming areas to be open 24
  125         hours per day throughout the year; amending s.
  126         551.121, F.S.; deleting a provision prohibiting
  127         complimentary or reduced-cost alcoholic beverages to
  128         be served to a person playing a slot machine; amending
  129         s. 565.02, F.S.; conforming provisions to changes made
  130         by the act; amending s. 849.086, F.S.; prohibiting a
  131         cardroom license from being issued to certain
  132         permitholders; revising requirements for a cardroom
  133         license to be issued to certain permitholders;
  134         authorizing cardrooms to be open 24 hours per day;
  135         conforming provisions to changes made by the act;
  136         amending s. 849.14, F.S.; revising criminal penalties
  137         relating to certain bets; creating s. 849.142, F.S.;
  138         specifying that certain activities are not subject to
  139         certain gambling-related prohibitions; creating s.
  140         849.251, F.S.; prohibiting persons from wagering or
  141         accepting anything of value on certain dograces;
  142         prohibiting persons from taking certain actions
  143         related to people associated with or interested in
  144         dogracing; providing criminal penalties; prohibiting
  145         the suspension, deferment, or withholding of
  146         adjudication of guilt of certain persons; providing
  147         applicability; reenacting ss. 380.0651(2)(c),
  148         402.82(4)(c), and 480.0475(1), F.S., relating to
  149         statewide guidelines, the electronic benefits transfer
  150         program, and massage establishments, respectively, to
  151         incorporate the amendments made to s. 550.002, F.S.,
  152         in references thereto; providing severability;
  153         providing contingent effective dates.
  155  Be It Enacted by the Legislature of the State of Florida:
  157         Section 1. Present subsections (24) through (28) of section
  158  550.002, Florida Statutes, are redesignated as subsections (25)
  159  through (29), respectively, a new subsection (24) is added to
  160  that section, and subsections (11), (17), (20), (21), (22), and
  161  (23) and present subsections (26), (29), and (31) of that
  162  section are amended, to read:
  163         550.002 Definitions.—As used in this chapter, the term:
  164         (11) “Full schedule of live racing or games” means, for a
  165  greyhound or jai alai permitholder, the conduct of a combination
  166  of at least 100 live evening or matinee performances during the
  167  preceding year; for a permitholder who has a converted permit or
  168  filed an application on or before June 1, 1990, for a converted
  169  permit, the conduct of a combination of at least 100 live
  170  evening and matinee wagering performances during either of the 2
  171  preceding years; for a jai alai permitholder who does not
  172  operate slot machines in its pari-mutuel facility, who has
  173  conducted at least 100 live performances per year for at least
  174  10 years after December 31, 1992, and whose handle on live jai
  175  alai games conducted at its pari-mutuel facility has been less
  176  than $4 million per state fiscal year for at least 2 consecutive
  177  years after June 30, 1992, the conduct of a combination of at
  178  least 40 live evening or matinee performances during the
  179  preceding year; for a jai alai permitholder who operates slot
  180  machines in its pari-mutuel facility, the conduct of a
  181  combination of at least 150 performances during the preceding
  182  year; for a harness permitholder, the conduct of at least 100
  183  live regular wagering performances during the preceding year;
  184  for a quarter horse permitholder at its facility unless an
  185  alternative schedule of at least 20 live regular wagering
  186  performances is agreed upon by the permitholder and either the
  187  Florida Quarter Horse Racing Association or the horsemen’s
  188  association representing the majority of the quarter horse
  189  owners and trainers at the facility and filed with the division
  190  along with its annual date application, in the 2010-2011 fiscal
  191  year, the conduct of at least 20 regular wagering performances,
  192  in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
  193  least 30 live regular wagering performances, and for every
  194  fiscal year after the 2012-2013 fiscal year, the conduct of at
  195  least 40 live regular wagering performances; for a quarter horse
  196  permitholder leasing another licensed racetrack, the conduct of
  197  160 events at the leased facility; and for a thoroughbred
  198  permitholder, the conduct of at least 40 live regular wagering
  199  performances during the preceding year. For a permitholder which
  200  is restricted by statute to certain operating periods within the
  201  year when other members of its same class of permit are
  202  authorized to operate throughout the year, the specified number
  203  of live performances which constitute a full schedule of live
  204  racing or games shall be adjusted pro rata in accordance with
  205  the relationship between its authorized operating period and the
  206  full calendar year and the resulting specified number of live
  207  performances shall constitute the full schedule of live games
  208  for such permitholder and all other permitholders of the same
  209  class within 100 air miles of such permitholder. A live
  210  performance must consist of no fewer than eight races or games
  211  conducted live for each of a minimum of three performances each
  212  week at the permitholder’s licensed facility under a single
  213  admission charge.
  214         (17) “Intertrack wager” or “intertrack wagering” means a
  215  particular form of pari-mutuel wagering in which wagers are
  216  accepted at a permitted, in-state track, fronton, or pari-mutuel
  217  facility on a race or game transmitted from and performed live
  218  at, or simulcast signal rebroadcast from, another in-state pari
  219  mutuel facility.
  220         (20) “Meet” or “meeting” means the conduct of live racing
  221  or jai alai, or wagering on intertrack or simulcast events, for
  222  any stake, purse, prize, or premium.
  223         (21) “Operating day” means a continuous period of 24 hours
  224  starting with the beginning of the first performance of a race
  225  or game, even though the operating day may start during one
  226  calendar day and extend past midnight except that no greyhound
  227  race or jai alai game may commence after 1:30 a.m.
  228         (22) “Pari-mutuel” or “pari-mutuel wagering” means a system
  229  of betting on races or games in which the winners divide the
  230  total amount bet, after deducting management expenses and taxes,
  231  in proportion to the sums they have wagered individually and
  232  with regard to the odds assigned to particular outcomes.
  233         (23) “Pari-mutuel facility” means the grounds or property
  234  of a cardroom, racetrack, fronton, or other facility used by a
  235  licensed permitholder for the conduct of pari-mutuel wagering.
  236         (24)“Permitholder” or “permittee” means a holder of a
  237  permit to conduct pari-mutuel wagering in this state as
  238  authorized in this chapter.
  239         (27)(26) “Post time” means the time set for the arrival at
  240  the starting point of the horses or greyhounds in a race or the
  241  beginning of a game in jai alai.
  242         (29)“Racing greyhound” means a greyhound that is or was
  243  used, or is being bred, raised, or trained to be used, in racing
  244  at a pari-mutuel facility and is registered with the National
  245  Greyhound Association.
  246         (31) “Same class of races, games, or permit” means, with
  247  respect to a jai alai permitholder, jai alai games or other jai
  248  alai permitholders; with respect to a greyhound permitholder,
  249  greyhound races or other greyhound permitholders conducting
  250  pari-mutuel wagering; with respect to a thoroughbred
  251  permitholder, thoroughbred races or other thoroughbred
  252  permitholders; with respect to a harness permitholder, harness
  253  races or other harness permitholders; with respect to a quarter
  254  horse permitholder, quarter horse races or other quarter horse
  255  permitholders.
  256         Section 2. Section 550.0115, Florida Statutes, is amended
  257  to read:
  258         550.0115 Permitholder operating license.—After a permit has
  259  been issued by the division, and after the permit has been
  260  approved by election, the division shall issue to the
  261  permitholder an annual operating license to conduct pari-mutuel
  262  wagering operations at the location specified in the permit
  263  pursuant to the provisions of this chapter.
  264         Section 3. Section 550.01215, Florida Statutes, is amended
  265  to read:
  266         550.01215 License application; periods of operation;
  267  license fees; bond, conversion of permit.—
  268         (1) Each permitholder shall annually, during the period
  269  between December 15 and January 4, file in writing with the
  270  division its application for an operating a license for a pari
  271  mutuel facility for the conduct of pari-mutuel wagering during
  272  the next state fiscal year, including intertrack and simulcast
  273  race wagering to conduct performances during the next state
  274  fiscal year. Each application for live performances must shall
  275  specify the number, dates, and starting times of all live
  276  performances that which the permitholder intends to conduct. It
  277  must shall also specify which performances will be conducted as
  278  charity or scholarship performances.
  279         (a)In addition, Each application for an operating a
  280  license also must shall include:,
  281         1. For each permitholder, whether the permitholder intends
  282  to accept wagers on intertrack or simulcast events.
  283         2.For each permitholder that which elects to operate a
  284  cardroom, the dates and periods of operation the permitholder
  285  intends to operate the cardroom. or,
  286         3. For each thoroughbred racing permitholder that which
  287  elects to receive or rebroadcast out-of-state races after 7
  288  p.m., the dates for all performances that which the permitholder
  289  intends to conduct.
  290         (b)1.A greyhound permitholder may not conduct live racing.
  291  A jai alai permitholder, harness horse racing permitholder, or
  292  quarter horse racing permitholder may elect not to conduct live
  293  racing or games. A thoroughbred permitholder must conduct live
  294  racing. A greyhound permitholder, jai alai permitholder, harness
  295  horse racing permitholder, or quarter horse racing permitholder
  296  that does not conduct live racing or games retains its permit;
  297  is a pari-mutuel facility as defined in s. 550.002(23); if such
  298  permitholder has been issued a slot machine license, the
  299  facility where such permit is located remains an eligible
  300  facility as defined in s. 551.102(4), continues to be eligible
  301  for a slot machine license pursuant to s. 551.104(3), and is
  302  exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is
  303  eligible, but not required, to be a guest track and, if the
  304  permitholder is a harness horse racing permitholder, to be a
  305  host track for purposes of intertrack wagering and simulcasting
  306  pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and
  307  remains eligible for a cardroom license.
  308         2.A permitholder or licensee may not conduct live
  309  greyhound racing or dogracing in connection with any wager for
  310  money or any other thing of value in the state. The division may
  311  deny, suspend, or revoke any permit or license under this
  312  chapter if a permitholder or licensee conducts live greyhound
  313  racing or dogracing in violation of this subparagraph. In
  314  addition to, or in lieu of, denial, suspension, or revocation of
  315  such permit or license, the division may impose a civil penalty
  316  of up to $5,000 against the permitholder or licensee for a
  317  violation of this subparagraph. All penalties imposed and
  318  collected must be deposited with the Chief Financial Officer to
  319  the credit of the General Revenue Fund.
  320         (c) Permitholders may shall be entitled to amend their
  321  applications through February 28.
  322         (d)Notwithstanding any other provision of law, other than
  323  a permitholder issued a permit pursuant to s. 550.3345, a pari
  324  mutuel permitholder may not be issued an operating license for
  325  the conduct of pari-mutuel wagering, slot machine gaming, or the
  326  operation of a cardroom if the permitholder did not hold an
  327  operating license for the conduct of pari-mutuel wagering for
  328  fiscal year 2020-2021.
  329         (2) After the first license has been issued to a
  330  permitholder, all subsequent annual applications for a license
  331  shall be accompanied by proof, in such form as the division may
  332  by rule require, that the permitholder continues to possess the
  333  qualifications prescribed by this chapter, and that the permit
  334  has not been disapproved at a later election.
  335         (3) The division shall issue each license no later than
  336  March 15. Each permitholder shall operate all performances at
  337  the date and time specified on its license. The division shall
  338  have the authority to approve minor changes in racing dates
  339  after a license has been issued. The division may approve
  340  changes in racing dates after a license has been issued when
  341  there is no objection from any operating permitholder that is
  342  conducting live racing or games and that is located within 50
  343  miles of the permitholder requesting the changes in operating
  344  dates. In the event of an objection, the division shall approve
  345  or disapprove the change in operating dates based upon the
  346  impact on operating permitholders located within 50 miles of the
  347  permitholder requesting the change in operating dates. In making
  348  the determination to change racing dates, the division shall
  349  take into consideration the impact of such changes on state
  350  revenues. Notwithstanding any other provision of law, and for
  351  the 2021-2022 state fiscal year only, the division may approve
  352  changes in operating dates for a jai alai permitholder, harness
  353  horse racing permitholder, or quarter horse racing permitholder
  354  if the request for such changes is received before October 1,
  355  2021.
  356         (4) In the event that a permitholder fails to operate all
  357  performances specified on its license at the date and time
  358  specified, the division shall hold a hearing to determine
  359  whether to fine or suspend the permitholder’s license, unless
  360  such failure was the direct result of fire, strike, war,
  361  hurricane, pandemic, or other disaster or event beyond the
  362  ability of the permitholder to control. Financial hardship to
  363  the permitholder shall not, in and of itself, constitute just
  364  cause for failure to operate all performances on the dates and
  365  at the times specified.
  366         (5) In the event that performances licensed to be operated
  367  by a permitholder are vacated, abandoned, or will not be used
  368  for any reason, any permitholder shall be entitled, pursuant to
  369  rules adopted by the division, to apply to conduct performances
  370  on the dates for which the performances have been abandoned. The
  371  division shall issue an amended license for all such replacement
  372  performances which have been requested in compliance with the
  373  provisions of this chapter and division rules.
  374         (6)Any permit which was converted from a jai alai permit
  375  to a greyhound permit may be converted to a jai alai permit at
  376  any time if the permitholder never conducted greyhound racing or
  377  if the permitholder has not conducted greyhound racing for a
  378  period of 12 consecutive months.
  379         Section 4. Section 550.0235, Florida Statutes, is amended
  380  to read:
  381         550.0235 Limitation of civil liability.—No permitholder
  382  licensed to conduct pari-mutuel wagering permittee conducting a
  383  racing meet pursuant to the provisions of this chapter; no
  384  division director or employee of the division; and no steward,
  385  judge, or other person appointed to act pursuant to this chapter
  386  shall be held liable to any person, partnership, association,
  387  corporation, or other business entity for any cause whatsoever
  388  arising out of, or from, the performance by such permittee,
  389  director, employee, steward, judge, or other person of her or
  390  his duties and the exercise of her or his discretion with
  391  respect to the implementation and enforcement of the statutes
  392  and rules governing the conduct of pari-mutuel wagering, so long
  393  as she or he acted in good faith. This section shall not limit
  394  liability in any situation in which the negligent maintenance of
  395  the premises or the negligent conduct of a race contributed to
  396  an accident; nor shall it limit any contractual liability.
  397         Section 5. Subsections (1) and (7) of section 550.0351,
  398  Florida Statutes, are amended to read:
  399         550.0351 Charity racing days.—
  400         (1) The division shall, upon the request of a permitholder,
  401  authorize each horseracing permitholder, dogracing permitholder,
  402  and jai alai permitholder up to five charity or scholarship days
  403  in addition to the regular racing days authorized by law.
  404         (7)In addition to the charity days authorized by this
  405  section, any dogracing permitholder may allow its facility to be
  406  used for conducting “hound dog derbies” or “mutt derbies” on any
  407  day during each racing season by any charitable, civic, or
  408  nonprofit organization for the purpose of conducting “hound dog
  409  derbies” or “mutt derbies” if only dogs other than those usually
  410  used in dogracing (greyhounds) are permitted to race and if
  411  adults and minors are allowed to participate as dog owners or
  412  spectators. During these racing events, betting, gambling, and
  413  the sale or use of alcoholic beverages is prohibited.
  414         Section 6. Subsection (4) of section 550.0425, Florida
  415  Statutes, is amended to read:
  416         550.0425 Minors attendance at pari-mutuel performances;
  417  restrictions.—
  418         (4)Minor children of licensed greyhound trainers, kennel
  419  operators, or other licensed persons employed in the kennel
  420  compound areas may be granted access to kennel compound areas
  421  without being licensed, provided they are in no way employed
  422  unless properly licensed, and only when under the direct
  423  supervision of one of their parents or legal guardian.
  424         Section 7. Subsection (2) of section 550.054, Florida
  425  Statutes, is amended, paragraph (c) is added to subsection (9)
  426  of that section, and subsection (15) is added to that section,
  427  to read:
  428         550.054 Application for permit to conduct pari-mutuel
  429  wagering.—
  430         (2) Upon each application filed and approved, a permit
  431  shall be issued to the applicant setting forth the name of the
  432  permitholder, the location of the pari-mutuel facility, the type
  433  of pari-mutuel activity desired to be conducted, and a statement
  434  showing qualifications of the applicant to conduct pari-mutuel
  435  performances under this chapter; however, a permit is
  436  ineffectual to authorize any pari-mutuel performances until
  437  approved by a majority of the electors participating in a
  438  ratification election in the county in which the applicant
  439  proposes to conduct pari-mutuel wagering activities. In
  440  addition, an application may not be considered, nor may a permit
  441  be issued by the division or be voted upon in any county, to
  442  conduct horseraces, harness horse races, or pari-mutuel wagering
  443  dograces at a location within 100 miles of an existing pari
  444  mutuel facility, or for jai alai within 50 miles of an existing
  445  pari-mutuel facility; this distance shall be measured on a
  446  straight line from the nearest property line of one pari-mutuel
  447  facility to the nearest property line of the other facility.
  448         (9)
  449         (c)The division shall revoke the permit of any
  450  permitholder, other than a permitholder issued a permit pursuant
  451  to s. 550.3345, who did not hold an operating license for the
  452  conduct of pari-mutuel wagering for fiscal year 2020-2021. A
  453  permit revoked under this paragraph is void and may not be
  454  reissued.
  455         (15)(a)Notwithstanding any other provision of law, a
  456  permit for the conduct of pari-mutuel wagering and associated
  457  cardroom or slot machine licenses may only be held by a
  458  permitholder who held an operating license for the conduct of
  459  pari-mutuel wagering for fiscal year 2020-2021;
  460         (b)All permits issued under this chapter held by
  461  permitholders on January 1, 2021, are deemed valid for the sole
  462  and exclusive purpose of satisfying all conditions for the valid
  463  issuance of the permits, if such permitholder held an operating
  464  license for the conduct of pari-mutuel wagering for fiscal year
  465  2020-2021;
  466         (c)Additional permits for the conduct of pari-mutuel
  467  wagering may not be approved or issued by the division after
  468  January 1, 2021; and
  469         (d)A permit to conduct pari-mutuel wagering may not be
  470  converted to another class of permit.
  471         Section 8. Section 550.0745, Florida Statutes, is amended
  472  to read:
  473         550.0745 Conversion of pari-mutuel permit to Summer jai
  474  alai permit periods of operation.—A permitholder issued a permit
  475  under former subsection (1) of this section, Florida Statutes
  476  2020, for the operation of a jai alai fronton during the summer
  477  season may conduct pari-mutuel wagering throughout the year
  478         (1) The owner or operator of a pari-mutuel permit who is
  479  authorized by the division to conduct pari-mutuel pools on
  480  exhibition sports in any county having five or more such pari
  481  mutuel permits and whose mutuel play from the operation of such
  482  pari-mutuel pools for the 2 consecutive years next prior to
  483  filing an application under this section has had the smallest
  484  play or total pool within the county may apply to the division
  485  to convert its permit to a permit to conduct a summer jai alai
  486  fronton in such county during the summer season commencing on
  487  May 1 and ending on November 30 of each year on such dates as
  488  may be selected by such permittee for the same number of days
  489  and performances as are allowed and granted to winter jai alai
  490  frontons within such county. If a permittee who is eligible
  491  under this section to convert a permit declines to convert, a
  492  new permit is hereby made available in that permittee’s county
  493  to conduct summer jai alai games as provided by this section,
  494  notwithstanding mileage and permit ratification requirements. If
  495  a permittee converts a quarter horse permit pursuant to this
  496  section, nothing in this section prohibits the permittee from
  497  obtaining another quarter horse permit. Such permittee shall pay
  498  the same taxes as are fixed and required to be paid from the
  499  pari-mutuel pools of winter jai alai permittees and is bound by
  500  all of the rules and provisions of this chapter which apply to
  501  the operation of winter jai alai frontons. Such permittee shall
  502  only be permitted to operate a jai alai fronton after its
  503  application has been submitted to the division and its license
  504  has been issued pursuant to the application. The license is
  505  renewable from year to year as provided by law.
  506         (2) Such permittee is entitled to the issuance of a license
  507  for the operation of a jai alai fronton during the summer season
  508  as fixed in this section. A permittee granted a license under
  509  this section may not conduct pari-mutuel pools during the summer
  510  season except at a jai alai fronton as provided in this section.
  511  Such license authorizes the permittee to operate at any jai alai
  512  permittee’s plant it may lease or build within such county.
  513         (3) Such license for the operation of a jai alai fronton
  514  shall never be permitted to be operated during the jai alai
  515  winter season; and neither the jai alai winter licensee or the
  516  jai alai summer licensee shall be permitted to operate on the
  517  same days or in competition with each other. This section does
  518  not prevent the summer jai alai permittee from leasing the
  519  facilities of the winter jai alai permittee for the operation of
  520  the summer meet.
  521         (4) The provisions of this chapter which prohibit the
  522  location and operation of jai alai frontons within a specified
  523  distance from the location of another jai alai fronton or other
  524  permittee and which prohibit the division from granting any
  525  permit at a location within a certain designated area do not
  526  apply to the provisions of this section and do not prevent the
  527  issuance of a license under this section.
  528         Section 9. Subsection (4) of section 550.09511, Florida
  529  Statutes, is amended to read:
  530         550.09511 Jai alai taxes; abandoned interest in a permit
  531  for nonpayment of taxes.—
  532         (4)A jai alai permitholder conducting fewer than 100 live
  533  performances in any calendar year shall pay to the state the
  534  same aggregate amount of daily license fees on live jai alai
  535  games, admissions tax, and tax on live handle as that
  536  permitholder paid to the state during the most recent prior
  537  calendar year in which the jai alai permitholder conducted at
  538  least 100 live performances.
  539         Section 10. Paragraph (a) of subsection (3) of section
  540  550.09512, Florida Statutes, is amended to read:
  541         550.09512 Harness horse taxes; abandoned interest in a
  542  permit for nonpayment of taxes.—
  543         (3)(a) The permit of a harness horse permitholder who is
  544  conducting live harness horse performances and who does not pay
  545  tax on handle for any such live harness horse performances
  546  conducted for a full schedule of live races during any 2
  547  consecutive state fiscal years shall be void and may not be
  548  reissued shall escheat to and become the property of the state
  549  unless such failure to operate and pay tax on handle was the
  550  direct result of fire, strike, war, hurricane, pandemic, or
  551  other disaster or event beyond the ability of the permitholder
  552  to control. Financial hardship to the permitholder shall not, in
  553  and of itself, constitute just cause for failure to operate and
  554  pay tax on handle.
  555         Section 11. Subsections (2) and (9) of section 550.105,
  556  Florida Statutes, are amended to read:
  557         550.105 Occupational licenses of racetrack employees; fees;
  558  denial, suspension, and revocation of license; penalties and
  559  fines.—
  560         (2)(a) The following licenses shall be issued to persons or
  561  entities with access to the backside, racing animals, jai alai
  562  players’ room, jockeys’ room, drivers’ room, totalisator room,
  563  the mutuels, or money room, or to persons who, by virtue of the
  564  position they hold, might be granted access to these areas or to
  565  any other person or entity in one of the following categories
  566  and with fees not to exceed the following amounts for any 12
  567  month period:
  568         1. Business licenses: any business such as a vendor,
  569  contractual concessionaire, contract kennel, business owning
  570  racing animals, trust or estate, totalisator company, stable
  571  name, or other fictitious name: $50.
  572         2. Professional occupational licenses: professional persons
  573  with access to the backside of a racetrack or players’ quarters
  574  in jai alai such as trainers, officials, veterinarians, doctors,
  575  nurses, EMT’s, jockeys and apprentices, drivers, jai alai
  576  players, owners, trustees, or any management or officer or
  577  director or shareholder or any other professional-level person
  578  who might have access to the jockeys’ room, the drivers’ room,
  579  the backside, racing animals, kennel compound, or managers or
  580  supervisors requiring access to mutuels machines, the money
  581  room, or totalisator equipment: $40.
  582         3. General occupational licenses: general employees with
  583  access to the jockeys’ room, the drivers’ room, racing animals,
  584  the backside of a racetrack or players’ quarters in jai alai,
  585  such as grooms, kennel helpers, leadouts, pelota makers, cesta
  586  makers, or ball boys, or a practitioner of any other occupation
  587  who would have access to the animals or, the backside, or the
  588  kennel compound, or who would provide the security or
  589  maintenance of these areas, or mutuel employees, totalisator
  590  employees, money-room employees, or any employee with access to
  591  mutuels machines, the money room, or totalisator equipment or
  592  who would provide the security or maintenance of these areas:
  593  $10.
  595  The individuals and entities that are licensed under this
  596  paragraph require heightened state scrutiny, including the
  597  submission by the individual licensees or persons associated
  598  with the entities described in this chapter of fingerprints for
  599  a Federal Bureau of Investigation criminal records check.
  600         (b) The division shall adopt rules pertaining to pari
  601  mutuel occupational licenses, licensing periods, and renewal
  602  cycles.
  603         (9) The tax imposed by this section is in lieu of all
  604  license, excise, or occupational taxes to the state or any
  605  county, municipality, or other political subdivision, except
  606  that, if a race meeting or game is held or conducted in a
  607  municipality, the municipality may assess and collect an
  608  additional tax against any person conducting live racing or
  609  games within its corporate limits, which tax may not exceed $150
  610  per day for horseracing or $50 per day for dogracing or jai
  611  alai. Except as provided in this chapter, a municipality may not
  612  assess or collect any additional excise or revenue tax against
  613  any person conducting race meetings within the corporate limits
  614  of the municipality or against any patron of any such person.
  615         Section 12. Section 550.1155, Florida Statutes, is amended
  616  to read:
  617         550.1155 Authority of stewards, judges, panel of judges, or
  618  player’s manager to impose penalties against occupational
  619  licensees; disposition of funds collected.—
  620         (1) The stewards at a horse racetrack; the judges at a dog
  621  track; or the judges, a panel of judges, or a player’s manager
  622  at a jai alai fronton may impose a civil penalty against any
  623  occupational licensee for violation of the pari-mutuel laws or
  624  any rule adopted by the division. The penalty may not exceed
  625  $1,000 for each count or separate offense or exceed 60 days of
  626  suspension for each count or separate offense.
  627         (2) All penalties imposed and collected pursuant to this
  628  section at each horse or dog racetrack or jai alai fronton shall
  629  be deposited into a board of relief fund established by the
  630  pari-mutuel permitholder. Each association shall name a board of
  631  relief composed of three of its officers, with the general
  632  manager of the permitholder being the ex officio treasurer of
  633  such board. Moneys deposited into the board of relief fund shall
  634  be disbursed by the board for the specific purpose of aiding
  635  occupational licenseholders and their immediate family members
  636  at each pari-mutuel facility.
  637         Section 13. Section 550.1647, Florida Statutes, is amended
  638  to read:
  639         550.1647 Greyhound permitholders; unclaimed tickets;
  640  breaks.—All money or other property represented by any
  641  unclaimed, uncashed, or abandoned pari-mutuel ticket which has
  642  remained in the custody of or under the control of any greyhound
  643  permitholder authorized to conduct greyhound racing pari-mutuel
  644  wagering pools in this state for a period of 1 year after the
  645  date the pari-mutuel ticket was issued, if the rightful owner or
  646  owners thereof have made no claim or demand for such money or
  647  other property within that period of time, shall, with respect
  648  to live races conducted by the permitholder, be remitted to the
  649  state pursuant to s. 550.1645; however, such permitholder shall
  650  be entitled to a credit in each state fiscal year in an amount
  651  equal to the actual amount remitted in the prior state fiscal
  652  year which may be applied against any taxes imposed pursuant to
  653  this chapter. In addition, each permitholder shall pay, from any
  654  source, including the proceeds from performances conducted
  655  pursuant to s. 550.0351, an amount not less than 10 percent of
  656  the amount of the credit provided by this section to any bona
  657  fide organization that promotes or encourages the adoption of
  658  greyhounds. As used in this chapter, the term “bona fide
  659  organization that promotes or encourages the adoption of
  660  greyhounds” means any organization that provides evidence of
  661  compliance with chapter 496 and possesses a valid exemption from
  662  federal taxation issued by the Internal Revenue Service. Such
  663  bona fide organization, as a condition of adoption, must provide
  664  sterilization of greyhounds by a licensed veterinarian before
  665  relinquishing custody of the greyhound to the adopter. The fee
  666  for sterilization may be included in the cost of adoption.
  667         Section 14. Section 550.1648, Florida Statutes, is
  668  repealed.
  669         Section 15. Section 550.175, Florida Statutes, is amended
  670  to read:
  671         550.175 Petition for election to revoke permit.—Upon
  672  petition of 20 percent of the qualified electors of any county
  673  wherein any pari-mutuel wagering racing has been licensed and
  674  conducted under this chapter, the county commissioners of such
  675  county shall provide for the submission to the electors of such
  676  county at the then next succeeding general election the question
  677  of whether any permit or permits theretofore granted shall be
  678  continued or revoked, and if a majority of the electors voting
  679  on such question in such election vote to cancel or recall the
  680  permit theretofore given, the division may not thereafter grant
  681  any license on the permit so recalled. Every signature upon
  682  every recall petition must be signed in the presence of the
  683  clerk of the board of county commissioners at the office of the
  684  clerk of the circuit court of the county, and the petitioner
  685  must present at the time of such signing her or his registration
  686  receipt showing the petitioner’s qualification as an elector of
  687  the county at the time of the signing of the petition. Not more
  688  than one permit may be included in any one petition; and, in all
  689  elections in which the recall of more than one permit is voted
  690  on, the voters shall be given an opportunity to vote for or
  691  against the recall of each permit separately. Nothing in this
  692  chapter shall be construed to prevent the holding of later
  693  referendum or recall elections.
  694         Section 16. Subsection (1) of section 550.1815, Florida
  695  Statutes, is amended to read:
  696         550.1815 Certain persons prohibited from holding racing or
  697  jai alai permits; suspension and revocation.—
  698         (1) A corporation, general or limited partnership, sole
  699  proprietorship, business trust, joint venture, or unincorporated
  700  association, or other business entity may not hold any
  701  horseracing or greyhound dogracing permit or jai alai fronton
  702  permit in this state if any one of the persons or entities
  703  specified in paragraph (a) has been determined by the division
  704  not to be of good moral character or has been convicted of any
  705  offense specified in paragraph (b).
  706         (a)1. The permitholder;
  707         2. An employee of the permitholder;
  708         3. The sole proprietor of the permitholder;
  709         4. A corporate officer or director of the permitholder;
  710         5. A general partner of the permitholder;
  711         6. A trustee of the permitholder;
  712         7. A member of an unincorporated association permitholder;
  713         8. A joint venturer of the permitholder;
  714         9. The owner of more than 5 percent of any equity interest
  715  in the permitholder, whether as a common shareholder, general or
  716  limited partner, voting trustee, or trust beneficiary; or
  717         10. An owner of any interest in the permit or permitholder,
  718  including any immediate family member of the owner, or holder of
  719  any debt, mortgage, contract, or concession from the
  720  permitholder, who by virtue thereof is able to control the
  721  business of the permitholder.
  722         (b)1. A felony in this state;
  723         2. Any felony in any other state which would be a felony if
  724  committed in this state under the laws of this state;
  725         3. Any felony under the laws of the United States;
  726         4. A felony under the laws of another state if related to
  727  gambling which would be a felony under the laws of this state if
  728  committed in this state; or
  729         5. Bookmaking as defined in s. 849.25.
  730         Section 17. Subsection (2) of section 550.24055, Florida
  731  Statutes, is amended to read:
  732         550.24055 Use of controlled substances or alcohol
  733  prohibited; testing of certain occupational licensees; penalty;
  734  evidence of test or action taken and admissibility for criminal
  735  prosecution limited.—
  736         (2) The occupational licensees, by applying for and holding
  737  such licenses, are deemed to have given their consents to submit
  738  to an approved chemical test of their breath for the purpose of
  739  determining the alcoholic content of their blood and to a urine
  740  or blood test for the purpose of detecting the presence of
  741  controlled substances. Such tests shall only be conducted upon
  742  reasonable cause that a violation has occurred as shall be
  743  determined solely by the stewards at a horseracing meeting or
  744  the judges or board of judges at a dogtrack or jai alai meet.
  745  The failure to submit to such test may result in a suspension of
  746  the person’s occupational license for a period of 10 days or
  747  until this section has been complied with, whichever is longer.
  748         (a) If there was at the time of the test 0.05 percent or
  749  less by weight of alcohol in the person’s blood, the person is
  750  presumed not to have been under the influence of alcoholic
  751  beverages to the extent that the person’s normal faculties were
  752  impaired, and no action of any sort may be taken by the
  753  stewards, judges, or board of judges or the division.
  754         (b) If there was at the time of the test an excess of 0.05
  755  percent but less than 0.08 percent by weight of alcohol in the
  756  person’s blood, that fact does not give rise to any presumption
  757  that the person was or was not under the influence of alcoholic
  758  beverages to the extent that the person’s faculties were
  759  impaired, but the stewards, judges, or board of judges may
  760  consider that fact in determining whether or not the person will
  761  be allowed to officiate or participate in any given race or jai
  762  alai game.
  763         (c) If there was at the time of the test 0.08 percent or
  764  more by weight of alcohol in the person’s blood, that fact is
  765  prima facie evidence that the person was under the influence of
  766  alcoholic beverages to the extent that the person’s normal
  767  faculties were impaired, and the stewards or judges may take
  768  action as set forth in this section, but the person may not
  769  officiate at or participate in any race or jai alai game on the
  770  day of such test.
  772  All tests relating to alcohol must be performed in a manner
  773  substantially similar, or identical, to the provisions of s.
  774  316.1934 and rules adopted pursuant to that section. Following a
  775  test of the urine or blood to determine the presence of a
  776  controlled substance as defined in chapter 893, if a controlled
  777  substance is found to exist, the stewards, judges, or board of
  778  judges may take such action as is permitted in this section.
  779         Section 18. Paragraph (d) of subsection (5), paragraphs (b)
  780  and (c) of subsection (6), paragraph (a) of subsection (9), and
  781  subsection (13) of section 550.2415, Florida Statutes, are
  782  amended to read:
  783         550.2415 Racing of animals under certain conditions
  784  prohibited; penalties; exceptions.—
  785         (5) The division shall implement a split-sample procedure
  786  for testing animals under this section.
  787         (d)For the testing of a racing greyhound, if there is an
  788  insufficient quantity of the secondary (split) sample for
  789  confirmation of the division laboratory’s positive result, the
  790  division may commence administrative proceedings as prescribed
  791  in this chapter and consistent with chapter 120.
  792         (6)
  793         (b)The division shall, by rule, establish the procedures
  794  for euthanizing greyhounds. However, a greyhound may not be put
  795  to death by any means other than by lethal injection of the drug
  796  sodium pentobarbital. A greyhound may not be removed from this
  797  state for the purpose of being destroyed.
  798         (c)It is a violation of this chapter for an occupational
  799  licensee to train a greyhound using live or dead animals. A
  800  greyhound may not be taken from this state for the purpose of
  801  being trained through the use of live or dead animals.
  802         (9)(a) The division may conduct a postmortem examination of
  803  any animal that is injured at a permitted racetrack while in
  804  training or in competition and that subsequently expires or is
  805  destroyed. The division may conduct a postmortem examination of
  806  any animal that expires while housed at a permitted racetrack,
  807  association compound, or licensed kennel or farm. Trainers and
  808  owners shall be requested to comply with this paragraph as a
  809  condition of licensure.
  810         (13)The division may implement by rule medication levels
  811  for racing greyhounds recommended by the University of Florida
  812  College of Veterinary Medicine developed pursuant to an
  813  agreement between the Division of Pari-mutuel Wagering and the
  814  University of Florida College of Veterinary Medicine. The
  815  University of Florida College of Veterinary Medicine may provide
  816  written notification to the division that it has completed
  817  research or review on a particular drug pursuant to the
  818  agreement and when the College of Veterinary Medicine has
  819  completed a final report of its findings, conclusions, and
  820  recommendations to the division.
  821         Section 19. Subsection (8) of section 550.334, Florida
  822  Statutes, is amended to read:
  823         550.334 Quarter horse racing; substitutions.—
  824         (8) To be eligible to conduct intertrack wagering, a
  825  quarter horse racing permitholder must have conducted a full
  826  schedule of live racing in the preceding year.
  827         Section 20. Paragraphs (a) and (e) of subsection (2) and
  828  subsection (3) of section 550.3345, Florida Statutes, are
  829  amended to read:
  830         550.3345 Conversion of quarter horse permit to a limited
  831  thoroughbred permit.—
  832         (2) Notwithstanding any other provision of law, the holder
  833  of a quarter horse racing permit issued under s. 550.334 may,
  834  within 1 year after the effective date of this section, apply to
  835  the division for a transfer of the quarter horse racing permit
  836  to a not-for-profit corporation formed under state law to serve
  837  the purposes of the state as provided in subsection (1). The
  838  board of directors of the not-for-profit corporation must be
  839  comprised of 11 members, 4 of whom shall be designated by the
  840  applicant, 4 of whom shall be designated by the Florida
  841  Thoroughbred Breeders’ Association, and 3 of whom shall be
  842  designated by the other 8 directors, with at least 1 of these 3
  843  members being an authorized representative of another
  844  thoroughbred permitholder in this state. The not-for-profit
  845  corporation shall submit an application to the division for
  846  review and approval of the transfer in accordance with s.
  847  550.054. Upon approval of the transfer by the division, and
  848  notwithstanding any other provision of law to the contrary, the
  849  not-for-profit corporation may, within 1 year after its receipt
  850  of the permit, request that the division convert the quarter
  851  horse racing permit to a permit authorizing the holder to
  852  conduct pari-mutuel wagering meets of thoroughbred racing.
  853  Neither the transfer of the quarter horse racing permit nor its
  854  conversion to a limited thoroughbred permit shall be subject to
  855  the mileage limitation or the ratification election as set forth
  856  under s. 550.054(2) or s. 550.0651. Upon receipt of the request
  857  for such conversion, the division shall timely issue a converted
  858  permit. The converted permit and the not-for-profit corporation
  859  shall be subject to the following requirements:
  860         (a) All net revenues derived by the not-for-profit
  861  corporation under the thoroughbred horse racing permit and any
  862  license issued to the not-for-profit corporation under chapter
  863  849, after the funding of operating expenses and capital
  864  improvements, shall be dedicated to the enhancement of
  865  thoroughbred purses and breeders’, stallion, and special racing
  866  awards under this chapter; the general promotion of the
  867  thoroughbred horse breeding industry; and the care in this state
  868  of thoroughbred horses retired from racing.
  869         (e) A No permit converted under this section and a license
  870  issued to the not-for-profit corporation under chapter 849 are
  871  not is eligible for transfer to another person or entity.
  872         (3) Unless otherwise provided in this section, after
  873  conversion, the permit and the not-for-profit corporation shall
  874  be treated under the laws of this state as a thoroughbred permit
  875  and as a thoroughbred permitholder, respectively, with the
  876  exception of ss. 550.09515(3) and 550.6308 s. 550.09515(3).
  877         Section 21. Subsections (2) and (4), paragraph (a) of
  878  subsection (6), and subsection (11) of section 550.3551, Florida
  879  Statutes, are amended to read:
  880         550.3551 Transmission of racing and jai alai information;
  881  commingling of pari-mutuel pools.—
  882         (2) Any horse track, dog track, or fronton licensed under
  883  this chapter may transmit broadcasts of races or games conducted
  884  at the enclosure of the licensee to locations outside this
  885  state.
  886         (a) All broadcasts of horseraces transmitted to locations
  887  outside this state must comply with the provisions of the
  888  Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
  889  3001 et seq.
  890         (b) Wagers accepted by any out-of-state pari-mutuel
  891  permitholder or licensed betting system on a race broadcasted
  892  under this subsection may be, but are not required to be,
  893  included in the pari-mutuel pools of the horse track in this
  894  state that broadcasts the race upon which wagers are accepted.
  895  The handle, as referred to in s. 550.0951(3), does not include
  896  any wagers accepted by an out-of-state pari-mutuel permitholder
  897  or licensed betting system, irrespective of whether such wagers
  898  are included in the pari-mutuel pools of the Florida
  899  permitholder as authorized by this subsection.
  900         (4) Any greyhound permitholder or jai alai permitholder dog
  901  track or fronton licensed under this chapter may receive at its
  902  licensed location broadcasts of dograces or jai alai games
  903  conducted at other tracks or frontons located outside the state
  904  at the track enclosure of the licensee during its operational
  905  meeting. All forms of pari-mutuel wagering are allowed on
  906  dograces or jai alai games broadcast under this subsection. All
  907  money wagered by patrons on dograces broadcast under this
  908  subsection shall be computed in the amount of money wagered each
  909  performance for purposes of taxation under ss. 550.0951 and
  910  550.09511.
  911         (6)(a) A maximum of 20 percent of the total number of races
  912  on which wagers are accepted by a greyhound permitholder not
  913  located as specified in s. 550.615(6) may be received from
  914  locations outside this state. A permitholder conducting live
  915  races or games may not conduct fewer than eight live races or
  916  games on any authorized race day except as provided in this
  917  subsection. A thoroughbred permitholder may not conduct fewer
  918  than eight live races on any race day without the written
  919  approval of the Florida Thoroughbred Breeders’ Association and
  920  the Florida Horsemen’s Benevolent and Protective Association,
  921  Inc., unless it is determined by the department that another
  922  entity represents a majority of the thoroughbred racehorse
  923  owners and trainers in the state. If conducting live racing, a
  924  harness permitholder may conduct fewer than eight live races on
  925  any authorized race day, except that such permitholder must
  926  conduct a full schedule of live racing during its race meet
  927  consisting of at least eight live races per authorized race day
  928  for at least 100 days. Any harness horse permitholder that
  929  during the preceding racing season conducted a full schedule of
  930  live racing may, at any time during its current race meet,
  931  receive full-card broadcasts of harness horse races conducted at
  932  harness racetracks outside this state at the harness track of
  933  the permitholder and accept wagers on such harness races. With
  934  specific authorization from the division for special racing
  935  events, a permitholder may conduct fewer than eight live races
  936  or games when the permitholder also broadcasts out-of-state
  937  races or games. The division may not grant more than two such
  938  exceptions a year for a permitholder in any 12-month period, and
  939  those two exceptions may not be consecutive.
  940         (11) Greyhound permitholders tracks and jai alai
  941  permitholders frontons have the same privileges as provided in
  942  this section to horserace permitholders horse tracks, as
  943  applicable, subject to rules adopted under subsection (10).
  944         Section 22. Subsections (1) and (3) through (6) of section
  945  550.3615, Florida Statutes, are amended to read:
  946         550.3615 Bookmaking on the grounds of a permitholder;
  947  penalties; reinstatement; duties of track employees; penalty;
  948  exceptions.—
  949         (1) Any person who engages in bookmaking, as defined in s.
  950  849.25, on the grounds or property of a pari-mutuel facility
  951  commits permitholder of a horse or dog track or jai alai fronton
  952  is guilty of a felony of the third degree, punishable as
  953  provided in s. 775.082, s. 775.083, or s. 775.084.
  954  Notwithstanding the provisions of s. 948.01, any person
  955  convicted under the provisions of this subsection shall not have
  956  adjudication of guilt suspended, deferred, or withheld.
  957         (3) Any person who has been convicted of bookmaking in this
  958  state or any other state of the United States or any foreign
  959  country shall be denied admittance to and shall not attend any
  960  pari-mutuel facility racetrack or fronton in this state during
  961  its racing seasons or operating dates, including any practice or
  962  preparational days, for a period of 2 years after the date of
  963  conviction or the date of final appeal. Following the conclusion
  964  of the period of ineligibility, the director of the division may
  965  authorize the reinstatement of an individual following a hearing
  966  on readmittance. Any such person who knowingly violates this
  967  subsection commits is guilty of a misdemeanor of the first
  968  degree, punishable as provided in s. 775.082 or s. 775.083.
  969         (4) If the activities of a person show that this law is
  970  being violated, and such activities are either witnessed by or
  971  are common knowledge of by any pari-mutuel facility track or
  972  fronton employee, it is the duty of that employee to bring the
  973  matter to the immediate attention of the permitholder, manager,
  974  or her or his designee, who shall notify a law enforcement
  975  agency having jurisdiction. Willful failure by the pari-mutuel
  976  facility on the part of any track or fronton employee to comply
  977  with the provisions of this subsection is a ground for the
  978  division to suspend or revoke that employee’s license for pari
  979  mutuel facility track or fronton employment.
  980         (5) Each permittee shall display, in conspicuous places at
  981  a pari-mutuel facility track or fronton and in all race and jai
  982  alai daily programs, a warning to all patrons concerning the
  983  prohibition and penalties of bookmaking contained in this
  984  section and s. 849.25. The division shall adopt rules concerning
  985  the uniform size of all warnings and the number of placements
  986  throughout a pari-mutuel facility track or fronton. Failure on
  987  the part of the permittee to display such warnings may result in
  988  the imposition of a $500 fine by the division for each offense.
  989         (6) This section does not apply to any person attending a
  990  track or fronton or employed by or attending a pari-mutuel
  991  facility a track or fronton who places a bet through the
  992  legalized pari-mutuel pool for another person, provided such
  993  service is rendered gratuitously and without fee or other
  994  reward.
  995         Section 23. Effective October 1, 2021, section 550.3616,
  996  Florida Statutes, is created to read:
  997         550.3616Racing greyhounds or other dogs prohibited;
  998  penalty.—A person authorized to conduct gaming or pari-mutuel
  999  operations in this state may not race greyhounds or any member
 1000  of the Canis familiaris subspecies in connection with any wager
 1001  for money or any other thing of value in this state. A person
 1002  who violates this section commits a misdemeanor of the first
 1003  degree, punishable as provided in s. 775.082 or s. 775.083. A
 1004  person who commits a second or subsequent violation commits a
 1005  felony of the third degree, punishable as provided in s.
 1006  775.082, s. 775.083, or s. 775.084. Notwithstanding the
 1007  provisions of s. 948.01, any person convicted under this section
 1008  may not have adjudication of guilt suspended, deferred, or
 1009  withheld.
 1010         Section 24. Section 550.475, Florida Statutes, is amended
 1011  to read:
 1012         550.475 Lease of pari-mutuel facilities by pari-mutuel
 1013  permitholders.—Holders of valid pari-mutuel permits for the
 1014  conduct of any pari-mutuel wagering jai alai games, dogracing,
 1015  or thoroughbred and standardbred horse racing in this state are
 1016  entitled to lease any and all of their facilities to any other
 1017  holder of a same class valid pari-mutuel permit for jai alai
 1018  games, dogracing, or thoroughbred or standardbred horse racing,
 1019  when located within a 35-mile radius of each other; and such
 1020  lessee is entitled to a permit and license to conduct intertrack
 1021  wagering and operate its race meet or jai alai games at the
 1022  leased premises.
 1023         Section 25. Subsection (2) of section 550.5251, Florida
 1024  Statutes, is amended to read:
 1025         550.5251 Florida thoroughbred racing; certain permits;
 1026  operating days.—
 1027         (2) A thoroughbred racing permitholder may not begin any
 1028  race later than 7 p.m. Any thoroughbred permitholder in a county
 1029  in which the authority for cardrooms has been approved by the
 1030  board of county commissioners may operate a cardroom and, when
 1031  conducting live races during its current race meet, may receive
 1032  and rebroadcast out-of-state races after the hour of 7 p.m. on
 1033  any day during which the permitholder conducts live races.
 1034         Section 26. Subsections (1), (2), and (8) of section
 1035  550.615, Florida Statutes, are amended, and subsection (11) is
 1036  added to that section, to read:
 1037         550.615 Intertrack wagering.—
 1038         (1) Any thoroughbred horserace permitholder licensed under
 1039  this chapter which has conducted a full schedule of live racing
 1040  may, at any time, receive broadcasts of horseraces and accept
 1041  wagers on horseraces conducted by horserace permitholders
 1042  licensed under this chapter at its facility.
 1043         (2) Except as provided in subsection (1), a pari-mutuel
 1044  permitholder that has met the applicable requirement for that
 1045  permitholder to conduct live racing or games under s.
 1046  550.01215(1)(b), if any, for fiscal year 2020-2021 Any track or
 1047  fronton licensed under this chapter which in the preceding year
 1048  conducted a full schedule of live racing is qualified to, at any
 1049  time, receive broadcasts of any class of pari-mutuel race or
 1050  game and accept wagers on such races or games conducted by any
 1051  class of permitholders licensed under this chapter.
 1052         (8) In any three contiguous counties of the state where
 1053  there are only three permitholders, all of which are greyhound
 1054  permitholders, if any permitholder leases the facility of
 1055  another permitholder for all or any portion of the conduct of
 1056  its live race meet pursuant to s. 550.475, such lessee may
 1057  conduct intertrack wagering at its pre-lease permitted facility
 1058  throughout the entire year, including while its live meet is
 1059  being conducted at the leased facility, if such permitholder has
 1060  conducted a full schedule of live racing during the preceding
 1061  fiscal year at its pre-lease permitted facility or at a leased
 1062  facility, or combination thereof.
 1063         (11)Any greyhound permitholder licensed under this chapter
 1064  to conduct pari-mutuel wagering is qualified to, at any time,
 1065  receive broadcasts of any class of pari-mutuel race or game and
 1066  accept wagers on such races or games conducted by any class of
 1067  permitholders licensed under this chapter.
 1068         Section 27. Subsection (2) of section 550.6305, Florida
 1069  Statutes, is amended to read:
 1070         550.6305 Intertrack wagering; guest track payments;
 1071  accounting rules.—
 1072         (2) For the purposes of calculation of odds and payoffs and
 1073  distribution of the pari-mutuel pools, all intertrack wagers
 1074  shall be combined with the pari-mutuel pools at the host track.
 1075  Notwithstanding this subsection or subsection (4), a greyhound
 1076  pari-mutuel permitholder may conduct intertrack wagering without
 1077  combining pari-mutuel pools on not more than three races in any
 1078  week, not to exceed 20 races in a year. All other provisions
 1079  concerning pari-mutuel takeout and payments, including state tax
 1080  payments, apply as if the pool had been combined.
 1081         Section 28. Subsections (1), (4), and (5) of section
 1082  550.6308, Florida Statutes, are amended to read:
 1083         550.6308 Limited intertrack wagering license.—In
 1084  recognition of the economic importance of the thoroughbred
 1085  breeding industry to this state, its positive impact on tourism,
 1086  and of the importance of a permanent thoroughbred sales facility
 1087  as a key focal point for the activities of the industry, a
 1088  limited license to conduct intertrack wagering is established to
 1089  ensure the continued viability and public interest in
 1090  thoroughbred breeding in Florida.
 1091         (1) Upon application to the division on or before January
 1092  31 of each year, any person that is licensed to conduct public
 1093  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 1094  conducted at least 8 15 days of thoroughbred horse sales at a
 1095  permanent sales facility in this state for at least 3
 1096  consecutive years, and that has conducted at least 1 day of
 1097  nonwagering thoroughbred racing in this state, with a purse
 1098  structure of at least $250,000 per year for 2 consecutive years
 1099  before such application, shall be issued a license, subject to
 1100  the conditions set forth in this section, to conduct intertrack
 1101  wagering at such a permanent sales facility during the following
 1102  periods:
 1103         (a) Up to 21 days in connection with thoroughbred sales;
 1104         (b) Between November 1 and May 8;
 1105         (c) Between May 9 and October 31 at such times and on such
 1106  days as any thoroughbred, jai alai, or a greyhound permitholder
 1107  in the same county is not conducting live performances; provided
 1108  that any such permitholder may waive this requirement, in whole
 1109  or in part, and allow the licensee under this section to conduct
 1110  intertrack wagering during one or more of the permitholder’s
 1111  live performances; and
 1112         (d) During the weekend of the Kentucky Derby, the
 1113  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 1114  conducted before November 1 and after May 8.
 1116  No more than one such license may be issued, and no such license
 1117  may be issued for a facility located within 50 miles of any
 1118  thoroughbred permitholder’s track.
 1119         (4) Intertrack wagering under this section may be conducted
 1120  only on thoroughbred horse racing, except that intertrack
 1121  wagering may be conducted on any class of pari-mutuel race or
 1122  game conducted by any class of permitholders licensed under this
 1123  chapter if all thoroughbred, jai alai, and greyhound
 1124  permitholders in the same county as the licensee under this
 1125  section give their consent.
 1126         (5) The licensee shall be considered a guest track under
 1127  this chapter. The licensee shall pay 2.5 percent of the total
 1128  contributions to the daily pari-mutuel pool on wagers accepted
 1129  at the licensee’s facility on greyhound races or jai alai games
 1130  to the thoroughbred permitholder that is conducting live races
 1131  for purses to be paid during its current racing meet. If more
 1132  than one thoroughbred permitholder is conducting live races on a
 1133  day during which the licensee is conducting intertrack wagering
 1134  on greyhound races or jai alai games, the licensee shall
 1135  allocate these funds between the operating thoroughbred
 1136  permitholders on a pro rata basis based on the total live handle
 1137  at the operating permitholders’ facilities.
 1138         Section 29. Paragraph (c) of subsection (4) of section
 1139  551.104, Florida Statutes, is amended to read:
 1140         551.104 License to conduct slot machine gaming.—
 1141         (4) As a condition of licensure and to maintain continued
 1142  authority for the conduct of slot machine gaming, the slot
 1143  machine licensee shall:
 1144         (c) If a thoroughbred permitholder, conduct no fewer than a
 1145  full schedule of live racing or games as defined in s.
 1146  550.002(11). A permitholder’s responsibility to conduct such
 1147  number of live races or games shall be reduced by the number of
 1148  races or games that could not be conducted due to the direct
 1149  result of fire, strike, war, hurricane, pandemic, or other
 1150  disaster or event beyond the control of the permitholder.
 1151         Section 30. Subsection (4) of section 551.114, Florida
 1152  Statutes, is amended to read:
 1153         551.114 Slot machine gaming areas.—
 1154         (4) Designated slot machine gaming areas must may be
 1155  located at the address specified in the licensed permitholder’s
 1156  slot machine license issued for fiscal year 2020-2021 within the
 1157  current live gaming facility or in an existing building that
 1158  must be contiguous and connected to the live gaming facility. If
 1159  a designated slot machine gaming area is to be located in a
 1160  building that is to be constructed, that new building must be
 1161  contiguous and connected to the live gaming facility.
 1162         Section 31. Section 551.116, Florida Statutes, is amended
 1163  to read:
 1164         551.116 Days and hours of operation.—Slot machine gaming
 1165  areas may be open 24 hours per day daily throughout the year.
 1166  The slot machine gaming areas may be open a cumulative amount of
 1167  18 hours per day on Monday through Friday and 24 hours per day
 1168  on Saturday and Sunday and on those holidays specified in s.
 1169  110.117(1).
 1170         Section 32. Subsection (1) of section 551.121, Florida
 1171  Statutes, is amended to read:
 1172         551.121 Prohibited activities and devices; exceptions.—
 1173         (1) Complimentary or reduced-cost alcoholic beverages may
 1174  not be served to persons playing a slot machine. Alcoholic
 1175  beverages served to persons playing a slot machine shall cost at
 1176  least the same amount as alcoholic beverages served to the
 1177  general public at a bar within the facility.
 1178         Section 33. Subsection (5) of section 565.02, Florida
 1179  Statutes, is amended to read:
 1180         565.02 License fees; vendors; clubs; caterers; and others.—
 1181         (5) A caterer at a pari-mutuel facility licensed under
 1182  chapter 550 horse or dog racetrack or jai alai fronton may
 1183  obtain a license upon the payment of an annual state license tax
 1184  of $675. Such caterer’s license shall permit sales only within
 1185  the enclosure in which pari-mutuel wagering is conducted such
 1186  races or jai alai games are conducted, and such licensee shall
 1187  be permitted to sell only during the period beginning 10 days
 1188  before and ending 10 days after racing or jai alai under the
 1189  authority of the Division of Pari-mutuel Wagering of the
 1190  Department of Business and Professional Regulation is conducted
 1191  at such racetrack or jai alai fronton. Except as in this
 1192  subsection otherwise provided, caterers licensed hereunder shall
 1193  be treated as vendors licensed to sell by the drink the
 1194  beverages mentioned herein and shall be subject to all the
 1195  provisions hereof relating to such vendors.
 1196         Section 34. Subsection (5), paragraphs (a) and (b) of
 1197  subsection (7), and paragraph (d) of subsection (13) of section
 1198  849.086, Florida Statutes, are amended to read:
 1199         849.086 Cardrooms authorized.—
 1200         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 1201  operate a cardroom in this state unless such person holds a
 1202  valid cardroom license issued pursuant to this section.
 1203         (a) Only those persons holding a valid cardroom license
 1204  issued by the division may operate a cardroom. A cardroom
 1205  license may only be issued to a licensed pari-mutuel
 1206  permitholder and an authorized cardroom may only be operated at
 1207  the same facility at which the permitholder is authorized under
 1208  its valid pari-mutuel wagering permit to conduct pari-mutuel
 1209  wagering activities. An initial cardroom license shall be issued
 1210  to a pari-mutuel permitholder only after its facilities are in
 1211  place and after it conducts its first day of pari-mutuel
 1212  activities on live racing or games.
 1213         (b) After the initial cardroom license is granted, the
 1214  application for the annual license renewal shall be made in
 1215  conjunction with the applicant’s annual application for its
 1216  pari-mutuel license. If a permitholder has operated a cardroom
 1217  during any of the 3 previous fiscal years and fails to include a
 1218  renewal request for the operation of the cardroom in its annual
 1219  application for license renewal, the permitholder may amend its
 1220  annual application to include operation of the cardroom.
 1221         (c)Notwithstanding any other provision of law, a pari
 1222  mutuel permitholder, other than a permitholder issued a permit
 1223  pursuant to s. 550.3345, may not be issued a license for the
 1224  operation of a cardroom if the permitholder did not hold an
 1225  operating license for the conduct of pari-mutuel wagering for
 1226  fiscal year 2020-2021. In order for an initial cardroom license
 1227  to be issued to a thoroughbred permitholder issued a permit
 1228  pursuant s. 550.3345, the applicant must have requested, as part
 1229  of its pari-mutuel annual license application, to conduct at
 1230  least a full schedule of live racing. In order for a cardroom
 1231  license to be renewed by a thoroughbred permitholder, the
 1232  applicant must have requested, as part of its pari-mutuel annual
 1233  license application, to conduct at least 90 percent of the total
 1234  number of live performances conducted by such permitholder
 1235  during either the state fiscal year in which its initial
 1236  cardroom license was issued or the state fiscal year immediately
 1237  prior thereto if the permitholder ran at least a full schedule
 1238  of live racing or games in the prior year. If the application is
 1239  for a harness permitholder cardroom, the applicant must have
 1240  requested authorization to conduct a minimum of 140 live
 1241  performances during the state fiscal year immediately prior
 1242  thereto. If more than one permitholder is operating at a
 1243  facility, each permitholder must have applied for a license to
 1244  conduct a full schedule of live racing.
 1245         (d)(c) Persons seeking a license or a renewal thereof to
 1246  operate a cardroom shall make application on forms prescribed by
 1247  the division. Applications for cardroom licenses shall contain
 1248  all of the information the division, by rule, may determine is
 1249  required to ensure eligibility.
 1250         (e)(d) The annual cardroom license fee for each facility
 1251  shall be $1,000 for each table to be operated at the cardroom.
 1252  The license fee shall be deposited by the division with the
 1253  Chief Financial Officer to the credit of the Pari-mutuel
 1254  Wagering Trust Fund.
 1256         (a) A cardroom may be operated only at the location
 1257  specified on the cardroom license issued by the division, and
 1258  such location may only be the location at which the pari-mutuel
 1259  permitholder is authorized to conduct pari-mutuel wagering
 1260  activities pursuant to such permitholder’s valid pari-mutuel
 1261  permit or as otherwise authorized by law. Cardroom operations
 1262  may not be allowed beyond the hours provided in paragraph (b)
 1263  regardless of the number of cardroom licenses issued for
 1264  permitholders operating at the pari-mutuel facility.
 1265         (b) Any cardroom operator may operate a cardroom at the
 1266  pari-mutuel facility daily throughout the year, if the
 1267  permitholder meets the requirements under paragraph (5)(b). The
 1268  cardroom may be open a cumulative amount of 18 hours per day on
 1269  Monday through Friday and 24 hours per day on Saturday and
 1270  Sunday and on the holidays specified in s. 110.117(1).
 1271         (13) TAXES AND OTHER PAYMENTS.—
 1272         (d)1. Each greyhound and jai alai permitholder that
 1273  conducts live performances and operates a cardroom facility
 1274  shall use at least 4 percent of such permitholder’s cardroom
 1275  monthly gross receipts to supplement greyhound purses or jai
 1276  alai prize money, respectively, during the permitholder’s next
 1277  ensuing pari-mutuel meet.
 1278         2. Each thoroughbred permitholder or and harness horse
 1279  racing permitholder that conducts live performances and operates
 1280  a cardroom facility shall use at least 50 percent of such
 1281  permitholder’s cardroom monthly net proceeds as follows: 47
 1282  percent to supplement purses and 3 percent to supplement
 1283  breeders’ awards during the permitholder’s next ensuing racing
 1284  meet.
 1285         3. No cardroom license or renewal thereof shall be issued
 1286  to an applicant holding a permit under chapter 550 to conduct
 1287  pari-mutuel wagering meets of quarter horse racing and
 1288  conducting live performances unless the applicant has on file
 1289  with the division a binding written agreement between the
 1290  applicant and the Florida Quarter Horse Racing Association or
 1291  the association representing a majority of the horse owners and
 1292  trainers at the applicant’s eligible facility, governing the
 1293  payment of purses on live quarter horse races conducted at the
 1294  licensee’s pari-mutuel facility. The agreement governing purses
 1295  may direct the payment of such purses from revenues generated by
 1296  any wagering or gaming the applicant is authorized to conduct
 1297  under Florida law. All purses shall be subject to the terms of
 1298  chapter 550.
 1299         Section 35. Effective October 1, 2021, section 849.14,
 1300  Florida Statutes, is amended to read:
 1301         849.14 Unlawful to bet on result of trial or contest of
 1302  skill, etc.—Whoever stakes, bets or wagers any money or other
 1303  thing of value upon the result of any trial or contest of skill,
 1304  speed or power or endurance of human or beast, or whoever
 1305  receives in any manner whatsoever any money or other thing of
 1306  value staked, bet or wagered, or offered for the purpose of
 1307  being staked, bet or wagered, by or for any other person upon
 1308  any such result, or whoever knowingly becomes the custodian or
 1309  depositary of any money or other thing of value so staked, bet,
 1310  or wagered upon any such result, or whoever aids, or assists, or
 1311  abets, or influences in any manner in any of such acts all of
 1312  which are hereby forbidden, commits shall be guilty of a felony
 1313  misdemeanor of the third second degree, punishable as provided
 1314  in s. 775.082 or s. 775.083.
 1315         Section 36. Section 849.142, Florida Statutes, is created
 1316  to read:
 1317         849.142 Exempted activities.Sections 849.01, 849.08,
 1318  849.09, 849.11, 849.14, and 849.25 do not apply to participation
 1319  in or the conduct of any of the following activities:
 1320         (1)Gaming activities authorized under s. 285.710(13) and
 1321  conducted pursuant to a gaming compact ratified and approved
 1322  under s. 285.710(3).
 1323         (2)Amusement games conducted pursuant to chapter 546.
 1324         (3)Pari-mutuel wagering conducted pursuant to chapter 550.
 1325         (4)Slot machine gaming conducted pursuant to chapter 551.
 1326         (5)Games conducted pursuant to s. 849.086.
 1327         (6)Bingo games conducted pursuant to s. 849.0931.
 1328         Section 37. Effective October 1, 2021, section 849.251,
 1329  Florida Statutes, is created to read:
 1330         849.251Wagering, aiding, abetting, or conniving to race or
 1331  wager on greyhounds or other dogs; penalty.—
 1332         (1) A person in this state may not wager or accept money or
 1333  any other thing of value on the outcome of a live dog race
 1334  occurring in this state. A person who violates this subsection
 1335  commits a misdemeanor of the first degree, punishable as
 1336  provided in s. 775.082 or s. 775.083. A person who commits a
 1337  second or subsequent violation commits a felony of the third
 1338  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1339  775.084.
 1340         (2)Any person who aids, abets, influences, or has any
 1341  understanding or connivance with any person associated with or
 1342  interested in any race of or wager on greyhounds or other dogs
 1343  in this state, to organize or arrange a race of or wager on
 1344  greyhounds or other dogs in this state, commits a misdemeanor of
 1345  the first degree, punishable as provided in s. 775.082 or s.
 1346  775.083. A person who commits a second or subsequent violation
 1347  commits a felony of the third degree, punishable as provided in
 1348  s. 775.082, s. 775.083, or s. 775.084.
 1349         (3)Notwithstanding the provisions of s. 948.01, any person
 1350  convicted under subsection (1) or subsection (2) may not have
 1351  adjudication of guilt suspended, deferred, or withheld.
 1352         (4)This section does not apply to pari-mutuel wagering
 1353  authorized under chapter 550.
 1354         Section 38. For the purpose of incorporating the amendment
 1355  made by this act to section 550.002, Florida Statutes, in a
 1356  reference thereto, paragraph (c) of subsection (2) of section
 1357  380.0651, Florida Statutes, is reenacted to read:
 1358         380.0651 Statewide guidelines, standards, and exemptions.—
 1359         (2) STATUTORY EXEMPTIONS.—The following developments are
 1360  exempt from s. 380.06:
 1361         (c) Any proposed addition to an existing sports facility
 1362  complex if the addition meets the following characteristics:
 1363         1. It would not operate concurrently with the scheduled
 1364  hours of operation of the existing facility;
 1365         2. Its seating capacity would be no more than 75 percent of
 1366  the capacity of the existing facility; and
 1367         3. The sports facility complex property was owned by a
 1368  public body before July 1, 1983.
 1370  This exemption does not apply to any pari-mutuel facility as
 1371  defined in s. 550.002.
 1373  If a use is exempt from review pursuant to paragraphs (a)-(u),
 1374  but will be part of a larger project that is subject to review
 1375  pursuant to s. 380.06(12), the impact of the exempt use must be
 1376  included in the review of the larger project, unless such exempt
 1377  use involves a development that includes a landowner, tenant, or
 1378  user that has entered into a funding agreement with the state
 1379  land planning agency under the Innovation Incentive Program and
 1380  the agreement contemplates a state award of at least $50
 1381  million.
 1382         Section 39. For the purpose of incorporating the amendment
 1383  made by this act to section 550.002, Florida Statutes, in a
 1384  reference thereto, paragraph (c) of subsection (4) of section
 1385  402.82, Florida Statutes, is reenacted to read:
 1386         402.82 Electronic benefits transfer program.—
 1387         (4) Use or acceptance of an electronic benefits transfer
 1388  card is prohibited at the following locations or for the
 1389  following activities:
 1390         (c) A pari-mutuel facility as defined in s. 550.002.
 1391         Section 40. For the purpose of incorporating the amendment
 1392  made by this act to section 550.002, Florida Statutes, in a
 1393  reference thereto, subsection (1) of section 480.0475, Florida
 1394  Statutes, is reenacted to read:
 1395         480.0475 Massage establishments; prohibited practices.—
 1396         (1) A person may not operate a massage establishment
 1397  between the hours of midnight and 5 a.m. This subsection does
 1398  not apply to a massage establishment:
 1399         (a) Located on the premises of a health care facility as
 1400  defined in s. 408.07; a health care clinic as defined in s.
 1401  400.9905(4); a hotel, motel, or bed and breakfast inn, as those
 1402  terms are defined in s. 509.242; a timeshare property as defined
 1403  in s. 721.05; a public airport as defined in s. 330.27; or a
 1404  pari-mutuel facility as defined in s. 550.002;
 1405         (b) In which every massage performed between the hours of
 1406  midnight and 5 a.m. is performed by a massage therapist acting
 1407  under the prescription of a physician or physician assistant
 1408  licensed under chapter 458, an osteopathic physician or
 1409  physician assistant licensed under chapter 459, a chiropractic
 1410  physician licensed under chapter 460, a podiatric physician
 1411  licensed under chapter 461, an advanced practice registered
 1412  nurse licensed under part I of chapter 464, or a dentist
 1413  licensed under chapter 466; or
 1414         (c) Operating during a special event if the county or
 1415  municipality in which the establishment operates has approved
 1416  such operation during the special event.
 1417         Section 41. If any provision of this act or its application
 1418  to any person or circumstance is held invalid, the invalidity
 1419  does not affect other provisions or applications of the act
 1420  which can be given effect without the invalid provision or
 1421  application, and to this end the provisions of this act are
 1422  severable.
 1423         Section 42. Except as otherwise expressly provided in this
 1424  act, this act shall take effect on the same date that SB 2A or
 1425  similar legislation takes effect, if such legislation is adopted
 1426  in the same legislative session or an extension thereof and
 1427  becomes a law.