Florida Senate - 2021                              CS for SB 8-A
       By the Committee on Appropriations; and Senator Hutson
       576-00041-21A                                           20218Ac1
    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 or who holds a
  460  permit issued pursuant to s. 550.3345;
  461         (b)All permits issued under this chapter held by
  462  permitholders on January 1, 2021, are deemed valid for the sole
  463  and exclusive purpose of satisfying all conditions for the valid
  464  issuance of the permits, if such permitholder held an operating
  465  license for the conduct of pari-mutuel wagering for fiscal year
  466  2020-2021 or if such permitholder held a permit issued pursuant
  467  to s. 550.3345;
  468         (c)Additional permits for the conduct of pari-mutuel
  469  wagering may not be approved or issued by the division after
  470  January 1, 2021; and
  471         (d)A permit to conduct pari-mutuel wagering may not be
  472  converted to another class of permit.
  473         Section 8. Section 550.0745, Florida Statutes, is amended
  474  to read:
  475         550.0745 Conversion of pari-mutuel permit to Summer jai
  476  alai permit periods of operation.—A permitholder issued a permit
  477  under former subsection (1) of this section, Florida Statutes
  478  2020, for the operation of a jai alai fronton during the summer
  479  season may conduct pari-mutuel wagering throughout the year
  480         (1) The owner or operator of a pari-mutuel permit who is
  481  authorized by the division to conduct pari-mutuel pools on
  482  exhibition sports in any county having five or more such pari
  483  mutuel permits and whose mutuel play from the operation of such
  484  pari-mutuel pools for the 2 consecutive years next prior to
  485  filing an application under this section has had the smallest
  486  play or total pool within the county may apply to the division
  487  to convert its permit to a permit to conduct a summer jai alai
  488  fronton in such county during the summer season commencing on
  489  May 1 and ending on November 30 of each year on such dates as
  490  may be selected by such permittee for the same number of days
  491  and performances as are allowed and granted to winter jai alai
  492  frontons within such county. If a permittee who is eligible
  493  under this section to convert a permit declines to convert, a
  494  new permit is hereby made available in that permittee’s county
  495  to conduct summer jai alai games as provided by this section,
  496  notwithstanding mileage and permit ratification requirements. If
  497  a permittee converts a quarter horse permit pursuant to this
  498  section, nothing in this section prohibits the permittee from
  499  obtaining another quarter horse permit. Such permittee shall pay
  500  the same taxes as are fixed and required to be paid from the
  501  pari-mutuel pools of winter jai alai permittees and is bound by
  502  all of the rules and provisions of this chapter which apply to
  503  the operation of winter jai alai frontons. Such permittee shall
  504  only be permitted to operate a jai alai fronton after its
  505  application has been submitted to the division and its license
  506  has been issued pursuant to the application. The license is
  507  renewable from year to year as provided by law.
  508         (2) Such permittee is entitled to the issuance of a license
  509  for the operation of a jai alai fronton during the summer season
  510  as fixed in this section. A permittee granted a license under
  511  this section may not conduct pari-mutuel pools during the summer
  512  season except at a jai alai fronton as provided in this section.
  513  Such license authorizes the permittee to operate at any jai alai
  514  permittee’s plant it may lease or build within such county.
  515         (3) Such license for the operation of a jai alai fronton
  516  shall never be permitted to be operated during the jai alai
  517  winter season; and neither the jai alai winter licensee or the
  518  jai alai summer licensee shall be permitted to operate on the
  519  same days or in competition with each other. This section does
  520  not prevent the summer jai alai permittee from leasing the
  521  facilities of the winter jai alai permittee for the operation of
  522  the summer meet.
  523         (4) The provisions of this chapter which prohibit the
  524  location and operation of jai alai frontons within a specified
  525  distance from the location of another jai alai fronton or other
  526  permittee and which prohibit the division from granting any
  527  permit at a location within a certain designated area do not
  528  apply to the provisions of this section and do not prevent the
  529  issuance of a license under this section.
  530         Section 9. Subsection (4) of section 550.09511, Florida
  531  Statutes, is amended to read:
  532         550.09511 Jai alai taxes; abandoned interest in a permit
  533  for nonpayment of taxes.—
  534         (4)A jai alai permitholder conducting fewer than 100 live
  535  performances in any calendar year shall pay to the state the
  536  same aggregate amount of daily license fees on live jai alai
  537  games, admissions tax, and tax on live handle as that
  538  permitholder paid to the state during the most recent prior
  539  calendar year in which the jai alai permitholder conducted at
  540  least 100 live performances.
  541         Section 10. Paragraph (a) of subsection (3) of section
  542  550.09512, Florida Statutes, is amended to read:
  543         550.09512 Harness horse taxes; abandoned interest in a
  544  permit for nonpayment of taxes.—
  545         (3)(a) The permit of a harness horse permitholder who is
  546  conducting live harness horse performances and who does not pay
  547  tax on handle for any such live harness horse performances
  548  conducted for a full schedule of live races during any 2
  549  consecutive state fiscal years shall be void and may not be
  550  reissued shall escheat to and become the property of the state
  551  unless such failure to operate and pay tax on handle was the
  552  direct result of fire, strike, war, hurricane, pandemic, or
  553  other disaster or event beyond the ability of the permitholder
  554  to control. Financial hardship to the permitholder shall not, in
  555  and of itself, constitute just cause for failure to operate and
  556  pay tax on handle.
  557         Section 11. Subsections (2) and (9) of section 550.105,
  558  Florida Statutes, are amended to read:
  559         550.105 Occupational licenses of racetrack employees; fees;
  560  denial, suspension, and revocation of license; penalties and
  561  fines.—
  562         (2)(a) The following licenses shall be issued to persons or
  563  entities with access to the backside, racing animals, jai alai
  564  players’ room, jockeys’ room, drivers’ room, totalisator room,
  565  the mutuels, or money room, or to persons who, by virtue of the
  566  position they hold, might be granted access to these areas or to
  567  any other person or entity in one of the following categories
  568  and with fees not to exceed the following amounts for any 12
  569  month period:
  570         1. Business licenses: any business such as a vendor,
  571  contractual concessionaire, contract kennel, business owning
  572  racing animals, trust or estate, totalisator company, stable
  573  name, or other fictitious name: $50.
  574         2. Professional occupational licenses: professional persons
  575  with access to the backside of a racetrack or players’ quarters
  576  in jai alai such as trainers, officials, veterinarians, doctors,
  577  nurses, EMT’s, jockeys and apprentices, drivers, jai alai
  578  players, owners, trustees, or any management or officer or
  579  director or shareholder or any other professional-level person
  580  who might have access to the jockeys’ room, the drivers’ room,
  581  the backside, racing animals, kennel compound, or managers or
  582  supervisors requiring access to mutuels machines, the money
  583  room, or totalisator equipment: $40.
  584         3. General occupational licenses: general employees with
  585  access to the jockeys’ room, the drivers’ room, racing animals,
  586  the backside of a racetrack or players’ quarters in jai alai,
  587  such as grooms, kennel helpers, leadouts, pelota makers, cesta
  588  makers, or ball boys, or a practitioner of any other occupation
  589  who would have access to the animals or, the backside, or the
  590  kennel compound, or who would provide the security or
  591  maintenance of these areas, or mutuel employees, totalisator
  592  employees, money-room employees, or any employee with access to
  593  mutuels machines, the money room, or totalisator equipment or
  594  who would provide the security or maintenance of these areas:
  595  $10.
  597  The individuals and entities that are licensed under this
  598  paragraph require heightened state scrutiny, including the
  599  submission by the individual licensees or persons associated
  600  with the entities described in this chapter of fingerprints for
  601  a Federal Bureau of Investigation criminal records check.
  602         (b) The division shall adopt rules pertaining to pari
  603  mutuel occupational licenses, licensing periods, and renewal
  604  cycles.
  605         (9) The tax imposed by this section is in lieu of all
  606  license, excise, or occupational taxes to the state or any
  607  county, municipality, or other political subdivision, except
  608  that, if a race meeting or game is held or conducted in a
  609  municipality, the municipality may assess and collect an
  610  additional tax against any person conducting live racing or
  611  games within its corporate limits, which tax may not exceed $150
  612  per day for horseracing or $50 per day for dogracing or jai
  613  alai. Except as provided in this chapter, a municipality may not
  614  assess or collect any additional excise or revenue tax against
  615  any person conducting race meetings within the corporate limits
  616  of the municipality or against any patron of any such person.
  617         Section 12. Section 550.1155, Florida Statutes, is amended
  618  to read:
  619         550.1155 Authority of stewards, judges, panel of judges, or
  620  player’s manager to impose penalties against occupational
  621  licensees; disposition of funds collected.—
  622         (1) The stewards at a horse racetrack; the judges at a dog
  623  track; or the judges, a panel of judges, or a player’s manager
  624  at a jai alai fronton may impose a civil penalty against any
  625  occupational licensee for violation of the pari-mutuel laws or
  626  any rule adopted by the division. The penalty may not exceed
  627  $1,000 for each count or separate offense or exceed 60 days of
  628  suspension for each count or separate offense.
  629         (2) All penalties imposed and collected pursuant to this
  630  section at each horse or dog racetrack or jai alai fronton shall
  631  be deposited into a board of relief fund established by the
  632  pari-mutuel permitholder. Each association shall name a board of
  633  relief composed of three of its officers, with the general
  634  manager of the permitholder being the ex officio treasurer of
  635  such board. Moneys deposited into the board of relief fund shall
  636  be disbursed by the board for the specific purpose of aiding
  637  occupational licenseholders and their immediate family members
  638  at each pari-mutuel facility.
  639         Section 13. Section 550.1647, Florida Statutes, is amended
  640  to read:
  641         550.1647 Greyhound permitholders; unclaimed tickets;
  642  breaks.—All money or other property represented by any
  643  unclaimed, uncashed, or abandoned pari-mutuel ticket which has
  644  remained in the custody of or under the control of any greyhound
  645  permitholder authorized to conduct greyhound racing pari-mutuel
  646  wagering pools in this state for a period of 1 year after the
  647  date the pari-mutuel ticket was issued, if the rightful owner or
  648  owners thereof have made no claim or demand for such money or
  649  other property within that period of time, shall, with respect
  650  to live races conducted by the permitholder, be remitted to the
  651  state pursuant to s. 550.1645; however, such permitholder shall
  652  be entitled to a credit in each state fiscal year in an amount
  653  equal to the actual amount remitted in the prior state fiscal
  654  year which may be applied against any taxes imposed pursuant to
  655  this chapter. In addition, each permitholder shall pay, from any
  656  source, including the proceeds from performances conducted
  657  pursuant to s. 550.0351, an amount not less than 10 percent of
  658  the amount of the credit provided by this section to any bona
  659  fide organization that promotes or encourages the adoption of
  660  greyhounds. As used in this chapter, the term “bona fide
  661  organization that promotes or encourages the adoption of
  662  greyhounds” means any organization that provides evidence of
  663  compliance with chapter 496 and possesses a valid exemption from
  664  federal taxation issued by the Internal Revenue Service. Such
  665  bona fide organization, as a condition of adoption, must provide
  666  sterilization of greyhounds by a licensed veterinarian before
  667  relinquishing custody of the greyhound to the adopter. The fee
  668  for sterilization may be included in the cost of adoption.
  669         Section 14. Section 550.1648, Florida Statutes, is
  670  repealed.
  671         Section 15. Section 550.175, Florida Statutes, is amended
  672  to read:
  673         550.175 Petition for election to revoke permit.—Upon
  674  petition of 20 percent of the qualified electors of any county
  675  wherein any pari-mutuel wagering racing has been licensed and
  676  conducted under this chapter, the county commissioners of such
  677  county shall provide for the submission to the electors of such
  678  county at the then next succeeding general election the question
  679  of whether any permit or permits theretofore granted shall be
  680  continued or revoked, and if a majority of the electors voting
  681  on such question in such election vote to cancel or recall the
  682  permit theretofore given, the division may not thereafter grant
  683  any license on the permit so recalled. Every signature upon
  684  every recall petition must be signed in the presence of the
  685  clerk of the board of county commissioners at the office of the
  686  clerk of the circuit court of the county, and the petitioner
  687  must present at the time of such signing her or his registration
  688  receipt showing the petitioner’s qualification as an elector of
  689  the county at the time of the signing of the petition. Not more
  690  than one permit may be included in any one petition; and, in all
  691  elections in which the recall of more than one permit is voted
  692  on, the voters shall be given an opportunity to vote for or
  693  against the recall of each permit separately. Nothing in this
  694  chapter shall be construed to prevent the holding of later
  695  referendum or recall elections.
  696         Section 16. Subsection (1) of section 550.1815, Florida
  697  Statutes, is amended to read:
  698         550.1815 Certain persons prohibited from holding racing or
  699  jai alai permits; suspension and revocation.—
  700         (1) A corporation, general or limited partnership, sole
  701  proprietorship, business trust, joint venture, or unincorporated
  702  association, or other business entity may not hold any
  703  horseracing or greyhound dogracing permit or jai alai fronton
  704  permit in this state if any one of the persons or entities
  705  specified in paragraph (a) has been determined by the division
  706  not to be of good moral character or has been convicted of any
  707  offense specified in paragraph (b).
  708         (a)1. The permitholder;
  709         2. An employee of the permitholder;
  710         3. The sole proprietor of the permitholder;
  711         4. A corporate officer or director of the permitholder;
  712         5. A general partner of the permitholder;
  713         6. A trustee of the permitholder;
  714         7. A member of an unincorporated association permitholder;
  715         8. A joint venturer of the permitholder;
  716         9. The owner of more than 5 percent of any equity interest
  717  in the permitholder, whether as a common shareholder, general or
  718  limited partner, voting trustee, or trust beneficiary; or
  719         10. An owner of any interest in the permit or permitholder,
  720  including any immediate family member of the owner, or holder of
  721  any debt, mortgage, contract, or concession from the
  722  permitholder, who by virtue thereof is able to control the
  723  business of the permitholder.
  724         (b)1. A felony in this state;
  725         2. Any felony in any other state which would be a felony if
  726  committed in this state under the laws of this state;
  727         3. Any felony under the laws of the United States;
  728         4. A felony under the laws of another state if related to
  729  gambling which would be a felony under the laws of this state if
  730  committed in this state; or
  731         5. Bookmaking as defined in s. 849.25.
  732         Section 17. Subsection (2) of section 550.24055, Florida
  733  Statutes, is amended to read:
  734         550.24055 Use of controlled substances or alcohol
  735  prohibited; testing of certain occupational licensees; penalty;
  736  evidence of test or action taken and admissibility for criminal
  737  prosecution limited.—
  738         (2) The occupational licensees, by applying for and holding
  739  such licenses, are deemed to have given their consents to submit
  740  to an approved chemical test of their breath for the purpose of
  741  determining the alcoholic content of their blood and to a urine
  742  or blood test for the purpose of detecting the presence of
  743  controlled substances. Such tests shall only be conducted upon
  744  reasonable cause that a violation has occurred as shall be
  745  determined solely by the stewards at a horseracing meeting or
  746  the judges or board of judges at a dogtrack or jai alai meet.
  747  The failure to submit to such test may result in a suspension of
  748  the person’s occupational license for a period of 10 days or
  749  until this section has been complied with, whichever is longer.
  750         (a) If there was at the time of the test 0.05 percent or
  751  less by weight of alcohol in the person’s blood, the person is
  752  presumed not to have been under the influence of alcoholic
  753  beverages to the extent that the person’s normal faculties were
  754  impaired, and no action of any sort may be taken by the
  755  stewards, judges, or board of judges or the division.
  756         (b) If there was at the time of the test an excess of 0.05
  757  percent but less than 0.08 percent by weight of alcohol in the
  758  person’s blood, that fact does not give rise to any presumption
  759  that the person was or was not under the influence of alcoholic
  760  beverages to the extent that the person’s faculties were
  761  impaired, but the stewards, judges, or board of judges may
  762  consider that fact in determining whether or not the person will
  763  be allowed to officiate or participate in any given race or jai
  764  alai game.
  765         (c) If there was at the time of the test 0.08 percent or
  766  more by weight of alcohol in the person’s blood, that fact is
  767  prima facie evidence that the person was under the influence of
  768  alcoholic beverages to the extent that the person’s normal
  769  faculties were impaired, and the stewards or judges may take
  770  action as set forth in this section, but the person may not
  771  officiate at or participate in any race or jai alai game on the
  772  day of such test.
  774  All tests relating to alcohol must be performed in a manner
  775  substantially similar, or identical, to the provisions of s.
  776  316.1934 and rules adopted pursuant to that section. Following a
  777  test of the urine or blood to determine the presence of a
  778  controlled substance as defined in chapter 893, if a controlled
  779  substance is found to exist, the stewards, judges, or board of
  780  judges may take such action as is permitted in this section.
  781         Section 18. Paragraph (d) of subsection (5), paragraphs (b)
  782  and (c) of subsection (6), paragraph (a) of subsection (9), and
  783  subsection (13) of section 550.2415, Florida Statutes, are
  784  amended to read:
  785         550.2415 Racing of animals under certain conditions
  786  prohibited; penalties; exceptions.—
  787         (5) The division shall implement a split-sample procedure
  788  for testing animals under this section.
  789         (d)For the testing of a racing greyhound, if there is an
  790  insufficient quantity of the secondary (split) sample for
  791  confirmation of the division laboratory’s positive result, the
  792  division may commence administrative proceedings as prescribed
  793  in this chapter and consistent with chapter 120.
  794         (6)
  795         (b)The division shall, by rule, establish the procedures
  796  for euthanizing greyhounds. However, a greyhound may not be put
  797  to death by any means other than by lethal injection of the drug
  798  sodium pentobarbital. A greyhound may not be removed from this
  799  state for the purpose of being destroyed.
  800         (c)It is a violation of this chapter for an occupational
  801  licensee to train a greyhound using live or dead animals. A
  802  greyhound may not be taken from this state for the purpose of
  803  being trained through the use of live or dead animals.
  804         (9)(a) The division may conduct a postmortem examination of
  805  any animal that is injured at a permitted racetrack while in
  806  training or in competition and that subsequently expires or is
  807  destroyed. The division may conduct a postmortem examination of
  808  any animal that expires while housed at a permitted racetrack,
  809  association compound, or licensed kennel or farm. Trainers and
  810  owners shall be requested to comply with this paragraph as a
  811  condition of licensure.
  812         (13)The division may implement by rule medication levels
  813  for racing greyhounds recommended by the University of Florida
  814  College of Veterinary Medicine developed pursuant to an
  815  agreement between the Division of Pari-mutuel Wagering and the
  816  University of Florida College of Veterinary Medicine. The
  817  University of Florida College of Veterinary Medicine may provide
  818  written notification to the division that it has completed
  819  research or review on a particular drug pursuant to the
  820  agreement and when the College of Veterinary Medicine has
  821  completed a final report of its findings, conclusions, and
  822  recommendations to the division.
  823         Section 19. Subsection (8) of section 550.334, Florida
  824  Statutes, is amended to read:
  825         550.334 Quarter horse racing; substitutions.—
  826         (8) To be eligible to conduct intertrack wagering, a
  827  quarter horse racing permitholder must have conducted a full
  828  schedule of live racing in the preceding year.
  829         Section 20. Paragraphs (a) and (e) of subsection (2) and
  830  subsection (3) of section 550.3345, Florida Statutes, are
  831  amended to read:
  832         550.3345 Conversion of quarter horse permit to a limited
  833  thoroughbred permit.—
  834         (2) Notwithstanding any other provision of law, the holder
  835  of a quarter horse racing permit issued under s. 550.334 may,
  836  within 1 year after the effective date of this section, apply to
  837  the division for a transfer of the quarter horse racing permit
  838  to a not-for-profit corporation formed under state law to serve
  839  the purposes of the state as provided in subsection (1). The
  840  board of directors of the not-for-profit corporation must be
  841  comprised of 11 members, 4 of whom shall be designated by the
  842  applicant, 4 of whom shall be designated by the Florida
  843  Thoroughbred Breeders’ Association, and 3 of whom shall be
  844  designated by the other 8 directors, with at least 1 of these 3
  845  members being an authorized representative of another
  846  thoroughbred permitholder in this state. The not-for-profit
  847  corporation shall submit an application to the division for
  848  review and approval of the transfer in accordance with s.
  849  550.054. Upon approval of the transfer by the division, and
  850  notwithstanding any other provision of law to the contrary, the
  851  not-for-profit corporation may, within 1 year after its receipt
  852  of the permit, request that the division convert the quarter
  853  horse racing permit to a permit authorizing the holder to
  854  conduct pari-mutuel wagering meets of thoroughbred racing.
  855  Neither the transfer of the quarter horse racing permit nor its
  856  conversion to a limited thoroughbred permit shall be subject to
  857  the mileage limitation or the ratification election as set forth
  858  under s. 550.054(2) or s. 550.0651. Upon receipt of the request
  859  for such conversion, the division shall timely issue a converted
  860  permit. The converted permit and the not-for-profit corporation
  861  shall be subject to the following requirements:
  862         (a) All net revenues derived by the not-for-profit
  863  corporation under the thoroughbred horse racing permit and any
  864  license issued to the not-for-profit corporation under chapter
  865  849, after the funding of operating expenses and capital
  866  improvements, shall be dedicated to the enhancement of
  867  thoroughbred purses and breeders’, stallion, and special racing
  868  awards under this chapter; the general promotion of the
  869  thoroughbred horse breeding industry; and the care in this state
  870  of thoroughbred horses retired from racing.
  871         (e) A No permit converted under this section and a license
  872  issued to the not-for-profit corporation under chapter 849 are
  873  not is eligible for transfer to another person or entity.
  874         (3) Unless otherwise provided in this section, after
  875  conversion, the permit and the not-for-profit corporation shall
  876  be treated under the laws of this state as a thoroughbred permit
  877  and as a thoroughbred permitholder, respectively, with the
  878  exception of ss. 550.09515(3) and 550.6308 s. 550.09515(3).
  879         Section 21. Subsections (2) and (4), paragraph (a) of
  880  subsection (6), and subsection (11) of section 550.3551, Florida
  881  Statutes, are amended to read:
  882         550.3551 Transmission of racing and jai alai information;
  883  commingling of pari-mutuel pools.—
  884         (2) Any horse track, dog track, or fronton licensed under
  885  this chapter may transmit broadcasts of races or games conducted
  886  at the enclosure of the licensee to locations outside this
  887  state.
  888         (a) All broadcasts of horseraces transmitted to locations
  889  outside this state must comply with the provisions of the
  890  Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss.
  891  3001 et seq.
  892         (b) Wagers accepted by any out-of-state pari-mutuel
  893  permitholder or licensed betting system on a race broadcasted
  894  under this subsection may be, but are not required to be,
  895  included in the pari-mutuel pools of the horse track in this
  896  state that broadcasts the race upon which wagers are accepted.
  897  The handle, as referred to in s. 550.0951(3), does not include
  898  any wagers accepted by an out-of-state pari-mutuel permitholder
  899  or licensed betting system, irrespective of whether such wagers
  900  are included in the pari-mutuel pools of the Florida
  901  permitholder as authorized by this subsection.
  902         (4) Any greyhound permitholder or jai alai permitholder dog
  903  track or fronton licensed under this chapter may receive at its
  904  licensed location broadcasts of dograces or jai alai games
  905  conducted at other tracks or frontons located outside the state
  906  at the track enclosure of the licensee during its operational
  907  meeting. All forms of pari-mutuel wagering are allowed on
  908  dograces or jai alai games broadcast under this subsection. All
  909  money wagered by patrons on dograces broadcast under this
  910  subsection shall be computed in the amount of money wagered each
  911  performance for purposes of taxation under ss. 550.0951 and
  912  550.09511.
  913         (6)(a) A maximum of 20 percent of the total number of races
  914  on which wagers are accepted by a greyhound permitholder not
  915  located as specified in s. 550.615(6) may be received from
  916  locations outside this state. A permitholder conducting live
  917  races or games may not conduct fewer than eight live races or
  918  games on any authorized race day except as provided in this
  919  subsection. A thoroughbred permitholder may not conduct fewer
  920  than eight live races on any race day without the written
  921  approval of the Florida Thoroughbred Breeders’ Association and
  922  the Florida Horsemen’s Benevolent and Protective Association,
  923  Inc., unless it is determined by the department that another
  924  entity represents a majority of the thoroughbred racehorse
  925  owners and trainers in the state. If conducting live racing, a
  926  harness permitholder may conduct fewer than eight live races on
  927  any authorized race day, except that such permitholder must
  928  conduct a full schedule of live racing during its race meet
  929  consisting of at least eight live races per authorized race day
  930  for at least 100 days. Any harness horse permitholder that
  931  during the preceding racing season conducted a full schedule of
  932  live racing may, at any time during its current race meet,
  933  receive full-card broadcasts of harness horse races conducted at
  934  harness racetracks outside this state at the harness track of
  935  the permitholder and accept wagers on such harness races. With
  936  specific authorization from the division for special racing
  937  events, a permitholder may conduct fewer than eight live races
  938  or games when the permitholder also broadcasts out-of-state
  939  races or games. The division may not grant more than two such
  940  exceptions a year for a permitholder in any 12-month period, and
  941  those two exceptions may not be consecutive.
  942         (11) Greyhound permitholders tracks and jai alai
  943  permitholders frontons have the same privileges as provided in
  944  this section to horserace permitholders horse tracks, as
  945  applicable, subject to rules adopted under subsection (10).
  946         Section 22. Subsections (1) and (3) through (6) of section
  947  550.3615, Florida Statutes, are amended to read:
  948         550.3615 Bookmaking on the grounds of a permitholder;
  949  penalties; reinstatement; duties of track employees; penalty;
  950  exceptions.—
  951         (1) Any person who engages in bookmaking, as defined in s.
  952  849.25, on the grounds or property of a pari-mutuel facility
  953  commits permitholder of a horse or dog track or jai alai fronton
  954  is guilty of a felony of the third degree, punishable as
  955  provided in s. 775.082, s. 775.083, or s. 775.084.
  956  Notwithstanding the provisions of s. 948.01, any person
  957  convicted under the provisions of this subsection shall not have
  958  adjudication of guilt suspended, deferred, or withheld.
  959         (3) Any person who has been convicted of bookmaking in this
  960  state or any other state of the United States or any foreign
  961  country shall be denied admittance to and shall not attend any
  962  pari-mutuel facility racetrack or fronton in this state during
  963  its racing seasons or operating dates, including any practice or
  964  preparational days, for a period of 2 years after the date of
  965  conviction or the date of final appeal. Following the conclusion
  966  of the period of ineligibility, the director of the division may
  967  authorize the reinstatement of an individual following a hearing
  968  on readmittance. Any such person who knowingly violates this
  969  subsection commits is guilty of a misdemeanor of the first
  970  degree, punishable as provided in s. 775.082 or s. 775.083.
  971         (4) If the activities of a person show that this law is
  972  being violated, and such activities are either witnessed by or
  973  are common knowledge of by any pari-mutuel facility track or
  974  fronton employee, it is the duty of that employee to bring the
  975  matter to the immediate attention of the permitholder, manager,
  976  or her or his designee, who shall notify a law enforcement
  977  agency having jurisdiction. Willful failure by the pari-mutuel
  978  facility on the part of any track or fronton employee to comply
  979  with the provisions of this subsection is a ground for the
  980  division to suspend or revoke that employee’s license for pari
  981  mutuel facility track or fronton employment.
  982         (5) Each permittee shall display, in conspicuous places at
  983  a pari-mutuel facility track or fronton and in all race and jai
  984  alai daily programs, a warning to all patrons concerning the
  985  prohibition and penalties of bookmaking contained in this
  986  section and s. 849.25. The division shall adopt rules concerning
  987  the uniform size of all warnings and the number of placements
  988  throughout a pari-mutuel facility track or fronton. Failure on
  989  the part of the permittee to display such warnings may result in
  990  the imposition of a $500 fine by the division for each offense.
  991         (6) This section does not apply to any person attending a
  992  track or fronton or employed by or attending a pari-mutuel
  993  facility a track or fronton who places a bet through the
  994  legalized pari-mutuel pool for another person, provided such
  995  service is rendered gratuitously and without fee or other
  996  reward.
  997         Section 23. Effective October 1, 2021, section 550.3616,
  998  Florida Statutes, is created to read:
  999         550.3616Racing greyhounds or other dogs prohibited;
 1000  penalty.—A person authorized to conduct gaming or pari-mutuel
 1001  operations in this state may not race greyhounds or any member
 1002  of the Canis familiaris subspecies in connection with any wager
 1003  for money or any other thing of value in this state. A person
 1004  who violates this section commits a misdemeanor of the first
 1005  degree, punishable as provided in s. 775.082 or s. 775.083. A
 1006  person who commits a second or subsequent violation commits a
 1007  felony of the third degree, punishable as provided in s.
 1008  775.082, s. 775.083, or s. 775.084. Notwithstanding the
 1009  provisions of s. 948.01, any person convicted under this section
 1010  may not have adjudication of guilt suspended, deferred, or
 1011  withheld.
 1012         Section 24. Section 550.475, Florida Statutes, is amended
 1013  to read:
 1014         550.475 Lease of pari-mutuel facilities by pari-mutuel
 1015  permitholders.—Holders of valid pari-mutuel permits for the
 1016  conduct of any pari-mutuel wagering jai alai games, dogracing,
 1017  or thoroughbred and standardbred horse racing in this state are
 1018  entitled to lease any and all of their facilities to any other
 1019  holder of a same class valid pari-mutuel permit for jai alai
 1020  games, dogracing, or thoroughbred or standardbred horse racing,
 1021  when located within a 35-mile radius of each other; and such
 1022  lessee is entitled to a permit and license to conduct intertrack
 1023  wagering and operate its race meet or jai alai games at the
 1024  leased premises.
 1025         Section 25. Subsection (2) of section 550.5251, Florida
 1026  Statutes, is amended to read:
 1027         550.5251 Florida thoroughbred racing; certain permits;
 1028  operating days.—
 1029         (2) A thoroughbred racing permitholder may not begin any
 1030  race later than 7 p.m. Any thoroughbred permitholder in a county
 1031  in which the authority for cardrooms has been approved by the
 1032  board of county commissioners may operate a cardroom and, when
 1033  conducting live races during its current race meet, may receive
 1034  and rebroadcast out-of-state races after the hour of 7 p.m. on
 1035  any day during which the permitholder conducts live races.
 1036         Section 26. Subsections (1), (2), and (8) of section
 1037  550.615, Florida Statutes, are amended, and subsection (11) is
 1038  added to that section, to read:
 1039         550.615 Intertrack wagering.—
 1040         (1) Any thoroughbred horserace permitholder licensed under
 1041  this chapter which has conducted a full schedule of live racing
 1042  may, at any time, receive broadcasts of horseraces and accept
 1043  wagers on horseraces conducted by horserace permitholders
 1044  licensed under this chapter at its facility.
 1045         (2) Except as provided in subsection (1), a pari-mutuel
 1046  permitholder that has met the applicable requirement for that
 1047  permitholder to conduct live racing or games under s.
 1048  550.01215(1)(b), if any, for fiscal year 2020-2021 Any track or
 1049  fronton licensed under this chapter which in the preceding year
 1050  conducted a full schedule of live racing is qualified to, at any
 1051  time, receive broadcasts of any class of pari-mutuel race or
 1052  game and accept wagers on such races or games conducted by any
 1053  class of permitholders licensed under this chapter.
 1054         (8) In any three contiguous counties of the state where
 1055  there are only three permitholders, all of which are greyhound
 1056  permitholders, if any permitholder leases the facility of
 1057  another permitholder for all or any portion of the conduct of
 1058  its live race meet pursuant to s. 550.475, such lessee may
 1059  conduct intertrack wagering at its pre-lease permitted facility
 1060  throughout the entire year, including while its live meet is
 1061  being conducted at the leased facility, if such permitholder has
 1062  conducted a full schedule of live racing during the preceding
 1063  fiscal year at its pre-lease permitted facility or at a leased
 1064  facility, or combination thereof.
 1065         (11)Any greyhound permitholder licensed under this chapter
 1066  to conduct pari-mutuel wagering is qualified to, at any time,
 1067  receive broadcasts of any class of pari-mutuel race or game and
 1068  accept wagers on such races or games conducted by any class of
 1069  permitholders licensed under this chapter.
 1070         Section 27. Subsection (2) of section 550.6305, Florida
 1071  Statutes, is amended to read:
 1072         550.6305 Intertrack wagering; guest track payments;
 1073  accounting rules.—
 1074         (2) For the purposes of calculation of odds and payoffs and
 1075  distribution of the pari-mutuel pools, all intertrack wagers
 1076  shall be combined with the pari-mutuel pools at the host track.
 1077  Notwithstanding this subsection or subsection (4), a greyhound
 1078  pari-mutuel permitholder may conduct intertrack wagering without
 1079  combining pari-mutuel pools on not more than three races in any
 1080  week, not to exceed 20 races in a year. All other provisions
 1081  concerning pari-mutuel takeout and payments, including state tax
 1082  payments, apply as if the pool had been combined.
 1083         Section 28. Subsections (1), (4), and (5) of section
 1084  550.6308, Florida Statutes, are amended to read:
 1085         550.6308 Limited intertrack wagering license.—In
 1086  recognition of the economic importance of the thoroughbred
 1087  breeding industry to this state, its positive impact on tourism,
 1088  and of the importance of a permanent thoroughbred sales facility
 1089  as a key focal point for the activities of the industry, a
 1090  limited license to conduct intertrack wagering is established to
 1091  ensure the continued viability and public interest in
 1092  thoroughbred breeding in Florida.
 1093         (1) Upon application to the division on or before January
 1094  31 of each year, any person that is licensed to conduct public
 1095  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 1096  conducted at least 8 15 days of thoroughbred horse sales at a
 1097  permanent sales facility in this state for at least 3
 1098  consecutive years, and that has conducted at least 1 day of
 1099  nonwagering thoroughbred racing in this state, with a purse
 1100  structure of at least $250,000 per year for 2 consecutive years
 1101  before such application, shall be issued a license, subject to
 1102  the conditions set forth in this section, to conduct intertrack
 1103  wagering at such a permanent sales facility during the following
 1104  periods:
 1105         (a) Up to 21 days in connection with thoroughbred sales;
 1106         (b) Between November 1 and May 8;
 1107         (c) Between May 9 and October 31 at such times and on such
 1108  days as any thoroughbred, jai alai, or a greyhound permitholder
 1109  in the same county is not conducting live performances; provided
 1110  that any such permitholder may waive this requirement, in whole
 1111  or in part, and allow the licensee under this section to conduct
 1112  intertrack wagering during one or more of the permitholder’s
 1113  live performances; and
 1114         (d) During the weekend of the Kentucky Derby, the
 1115  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 1116  conducted before November 1 and after May 8.
 1118  No more than one such license may be issued, and no such license
 1119  may be issued for a facility located within 50 miles of any
 1120  thoroughbred permitholder’s track.
 1121         (4) Intertrack wagering under this section may be conducted
 1122  only on thoroughbred horse racing, except that intertrack
 1123  wagering may be conducted on any class of pari-mutuel race or
 1124  game conducted by any class of permitholders licensed under this
 1125  chapter if all thoroughbred, jai alai, and greyhound
 1126  permitholders in the same county as the licensee under this
 1127  section give their consent.
 1128         (5) The licensee shall be considered a guest track under
 1129  this chapter. The licensee shall pay 2.5 percent of the total
 1130  contributions to the daily pari-mutuel pool on wagers accepted
 1131  at the licensee’s facility on greyhound races or jai alai games
 1132  to the thoroughbred permitholder that is conducting live races
 1133  for purses to be paid during its current racing meet. If more
 1134  than one thoroughbred permitholder is conducting live races on a
 1135  day during which the licensee is conducting intertrack wagering
 1136  on greyhound races or jai alai games, the licensee shall
 1137  allocate these funds between the operating thoroughbred
 1138  permitholders on a pro rata basis based on the total live handle
 1139  at the operating permitholders’ facilities.
 1140         Section 29. Paragraph (c) of subsection (4) of section
 1141  551.104, Florida Statutes, is amended to read:
 1142         551.104 License to conduct slot machine gaming.—
 1143         (4) As a condition of licensure and to maintain continued
 1144  authority for the conduct of slot machine gaming, the slot
 1145  machine licensee shall:
 1146         (c) If a thoroughbred permitholder, conduct no fewer than a
 1147  full schedule of live racing or games as defined in s.
 1148  550.002(11). A permitholder’s responsibility to conduct such
 1149  number of live races or games shall be reduced by the number of
 1150  races or games that could not be conducted due to the direct
 1151  result of fire, strike, war, hurricane, pandemic, or other
 1152  disaster or event beyond the control of the permitholder.
 1153         Section 30. Subsection (4) of section 551.114, Florida
 1154  Statutes, is amended to read:
 1155         551.114 Slot machine gaming areas.—
 1156         (4) Designated slot machine gaming areas must may be
 1157  located at the address specified in the licensed permitholder’s
 1158  slot machine license issued for fiscal year 2020-2021 within the
 1159  current live gaming facility or in an existing building that
 1160  must be contiguous and connected to the live gaming facility. If
 1161  a designated slot machine gaming area is to be located in a
 1162  building that is to be constructed, that new building must be
 1163  contiguous and connected to the live gaming facility.
 1164         Section 31. Section 551.116, Florida Statutes, is amended
 1165  to read:
 1166         551.116 Days and hours of operation.—Slot machine gaming
 1167  areas may be open 24 hours per day daily throughout the year.
 1168  The slot machine gaming areas may be open a cumulative amount of
 1169  18 hours per day on Monday through Friday and 24 hours per day
 1170  on Saturday and Sunday and on those holidays specified in s.
 1171  110.117(1).
 1172         Section 32. Subsection (1) of section 551.121, Florida
 1173  Statutes, is amended to read:
 1174         551.121 Prohibited activities and devices; exceptions.—
 1175         (1) Complimentary or reduced-cost alcoholic beverages may
 1176  not be served to persons playing a slot machine. Alcoholic
 1177  beverages served to persons playing a slot machine shall cost at
 1178  least the same amount as alcoholic beverages served to the
 1179  general public at a bar within the facility.
 1180         Section 33. Subsection (5) of section 565.02, Florida
 1181  Statutes, is amended to read:
 1182         565.02 License fees; vendors; clubs; caterers; and others.—
 1183         (5) A caterer at a pari-mutuel facility licensed under
 1184  chapter 550 horse or dog racetrack or jai alai fronton may
 1185  obtain a license upon the payment of an annual state license tax
 1186  of $675. Such caterer’s license shall permit sales only within
 1187  the enclosure in which pari-mutuel wagering is conducted such
 1188  races or jai alai games are conducted, and such licensee shall
 1189  be permitted to sell only during the period beginning 10 days
 1190  before and ending 10 days after racing or jai alai under the
 1191  authority of the Division of Pari-mutuel Wagering of the
 1192  Department of Business and Professional Regulation is conducted
 1193  at such racetrack or jai alai fronton. Except as in this
 1194  subsection otherwise provided, caterers licensed hereunder shall
 1195  be treated as vendors licensed to sell by the drink the
 1196  beverages mentioned herein and shall be subject to all the
 1197  provisions hereof relating to such vendors.
 1198         Section 34. Subsection (5), paragraphs (a) and (b) of
 1199  subsection (7), and paragraph (d) of subsection (13) of section
 1200  849.086, Florida Statutes, are amended to read:
 1201         849.086 Cardrooms authorized.—
 1202         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 1203  operate a cardroom in this state unless such person holds a
 1204  valid cardroom license issued pursuant to this section.
 1205         (a) Only those persons holding a valid cardroom license
 1206  issued by the division may operate a cardroom. A cardroom
 1207  license may only be issued to a licensed pari-mutuel
 1208  permitholder and an authorized cardroom may only be operated at
 1209  the same facility at which the permitholder is authorized under
 1210  its valid pari-mutuel wagering permit to conduct pari-mutuel
 1211  wagering activities. An initial cardroom license shall be issued
 1212  to a pari-mutuel permitholder only after its facilities are in
 1213  place and after it conducts its first day of pari-mutuel
 1214  activities on live racing or games.
 1215         (b) After the initial cardroom license is granted, the
 1216  application for the annual license renewal shall be made in
 1217  conjunction with the applicant’s annual application for its
 1218  pari-mutuel license. If a permitholder has operated a cardroom
 1219  during any of the 3 previous fiscal years and fails to include a
 1220  renewal request for the operation of the cardroom in its annual
 1221  application for license renewal, the permitholder may amend its
 1222  annual application to include operation of the cardroom.
 1223         (c)Notwithstanding any other provision of law, a pari
 1224  mutuel permitholder, other than a permitholder issued a permit
 1225  pursuant to s. 550.3345, may not be issued a license for the
 1226  operation of a cardroom if the permitholder did not hold an
 1227  operating license for the conduct of pari-mutuel wagering for
 1228  fiscal year 2020-2021. In order for an initial cardroom license
 1229  to be issued to a thoroughbred permitholder issued a permit
 1230  pursuant s. 550.3345, the applicant must have requested, as part
 1231  of its pari-mutuel annual license application, to conduct at
 1232  least a full schedule of live racing. In order for a cardroom
 1233  license to be renewed by a thoroughbred permitholder, the
 1234  applicant must have requested, as part of its pari-mutuel annual
 1235  license application, to conduct at least 90 percent of the total
 1236  number of live performances conducted by such permitholder
 1237  during either the state fiscal year in which its initial
 1238  cardroom license was issued or the state fiscal year immediately
 1239  prior thereto if the permitholder ran at least a full schedule
 1240  of live racing or games in the prior year. If the application is
 1241  for a harness permitholder cardroom, the applicant must have
 1242  requested authorization to conduct a minimum of 140 live
 1243  performances during the state fiscal year immediately prior
 1244  thereto. If more than one permitholder is operating at a
 1245  facility, each permitholder must have applied for a license to
 1246  conduct a full schedule of live racing.
 1247         (d)(c) Persons seeking a license or a renewal thereof to
 1248  operate a cardroom shall make application on forms prescribed by
 1249  the division. Applications for cardroom licenses shall contain
 1250  all of the information the division, by rule, may determine is
 1251  required to ensure eligibility.
 1252         (e)(d) The annual cardroom license fee for each facility
 1253  shall be $1,000 for each table to be operated at the cardroom.
 1254  The license fee shall be deposited by the division with the
 1255  Chief Financial Officer to the credit of the Pari-mutuel
 1256  Wagering Trust Fund.
 1258         (a) A cardroom may be operated only at the location
 1259  specified on the cardroom license issued by the division, and
 1260  such location may only be the location at which the pari-mutuel
 1261  permitholder is authorized to conduct pari-mutuel wagering
 1262  activities pursuant to such permitholder’s valid pari-mutuel
 1263  permit or as otherwise authorized by law. Cardroom operations
 1264  may not be allowed beyond the hours provided in paragraph (b)
 1265  regardless of the number of cardroom licenses issued for
 1266  permitholders operating at the pari-mutuel facility.
 1267         (b) Any cardroom operator may operate a cardroom at the
 1268  pari-mutuel facility daily throughout the year, if the
 1269  permitholder meets the requirements under paragraph (5)(b). The
 1270  cardroom may be open a cumulative amount of 18 hours per day on
 1271  Monday through Friday and 24 hours per day on Saturday and
 1272  Sunday and on the holidays specified in s. 110.117(1).
 1273         (13) TAXES AND OTHER PAYMENTS.—
 1274         (d)1. Each greyhound and jai alai permitholder that
 1275  conducts live performances and operates a cardroom facility
 1276  shall use at least 4 percent of such permitholder’s cardroom
 1277  monthly gross receipts to supplement greyhound purses or jai
 1278  alai prize money, respectively, during the permitholder’s next
 1279  ensuing pari-mutuel meet.
 1280         2. Each thoroughbred permitholder or and harness horse
 1281  racing permitholder that conducts live performances and operates
 1282  a cardroom facility shall use at least 50 percent of such
 1283  permitholder’s cardroom monthly net proceeds as follows: 47
 1284  percent to supplement purses and 3 percent to supplement
 1285  breeders’ awards during the permitholder’s next ensuing racing
 1286  meet.
 1287         3. No cardroom license or renewal thereof shall be issued
 1288  to an applicant holding a permit under chapter 550 to conduct
 1289  pari-mutuel wagering meets of quarter horse racing and
 1290  conducting live performances unless the applicant has on file
 1291  with the division a binding written agreement between the
 1292  applicant and the Florida Quarter Horse Racing Association or
 1293  the association representing a majority of the horse owners and
 1294  trainers at the applicant’s eligible facility, governing the
 1295  payment of purses on live quarter horse races conducted at the
 1296  licensee’s pari-mutuel facility. The agreement governing purses
 1297  may direct the payment of such purses from revenues generated by
 1298  any wagering or gaming the applicant is authorized to conduct
 1299  under Florida law. All purses shall be subject to the terms of
 1300  chapter 550.
 1301         Section 35. Effective October 1, 2021, section 849.14,
 1302  Florida Statutes, is amended to read:
 1303         849.14 Unlawful to bet on result of trial or contest of
 1304  skill, etc.—Whoever stakes, bets or wagers any money or other
 1305  thing of value upon the result of any trial or contest of skill,
 1306  speed or power or endurance of human or beast, or whoever
 1307  receives in any manner whatsoever any money or other thing of
 1308  value staked, bet or wagered, or offered for the purpose of
 1309  being staked, bet or wagered, by or for any other person upon
 1310  any such result, or whoever knowingly becomes the custodian or
 1311  depositary of any money or other thing of value so staked, bet,
 1312  or wagered upon any such result, or whoever aids, or assists, or
 1313  abets, or influences in any manner in any of such acts all of
 1314  which are hereby forbidden, commits shall be guilty of a felony
 1315  misdemeanor of the third second degree, punishable as provided
 1316  in s. 775.082 or s. 775.083.
 1317         Section 36. Section 849.142, Florida Statutes, is created
 1318  to read:
 1319         849.142 Exempted activities.Sections 849.01, 849.08,
 1320  849.09, 849.11, 849.14, and 849.25 do not apply to participation
 1321  in or the conduct of any of the following activities:
 1322         (1)Gaming activities authorized under s. 285.710(13) and
 1323  conducted pursuant to a gaming compact ratified and approved
 1324  under s. 285.710(3).
 1325         (2)Amusement games conducted pursuant to chapter 546.
 1326         (3)Pari-mutuel wagering conducted pursuant to chapter 550.
 1327         (4)Slot machine gaming conducted pursuant to chapter 551.
 1328         (5)Games conducted pursuant to s. 849.086.
 1329         (6)Bingo games conducted pursuant to s. 849.0931.
 1330         Section 37. Effective October 1, 2021, section 849.251,
 1331  Florida Statutes, is created to read:
 1332         849.251Wagering, aiding, abetting, or conniving to race or
 1333  wager on greyhounds or other dogs; penalty.—
 1334         (1) A person in this state may not wager or accept money or
 1335  any other thing of value on the outcome of a live dog race
 1336  occurring in this state. A person who violates this subsection
 1337  commits a misdemeanor of the first degree, punishable as
 1338  provided in s. 775.082 or s. 775.083. A person who commits a
 1339  second or subsequent violation commits a felony of the third
 1340  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1341  775.084.
 1342         (2)Any person who aids, abets, influences, or has any
 1343  understanding or connivance with any person associated with or
 1344  interested in any race of or wager on greyhounds or other dogs
 1345  in this state, to organize or arrange a race of or wager on
 1346  greyhounds or other dogs in this state, commits a misdemeanor of
 1347  the first degree, punishable as provided in s. 775.082 or s.
 1348  775.083. A person who commits a second or subsequent violation
 1349  commits a felony of the third degree, punishable as provided in
 1350  s. 775.082, s. 775.083, or s. 775.084.
 1351         (3)Notwithstanding the provisions of s. 948.01, any person
 1352  convicted under subsection (1) or subsection (2) may not have
 1353  adjudication of guilt suspended, deferred, or withheld.
 1354         (4)This section does not apply to pari-mutuel wagering
 1355  authorized under chapter 550.
 1356         Section 38. For the purpose of incorporating the amendment
 1357  made by this act to section 550.002, Florida Statutes, in a
 1358  reference thereto, paragraph (c) of subsection (2) of section
 1359  380.0651, Florida Statutes, is reenacted to read:
 1360         380.0651 Statewide guidelines, standards, and exemptions.—
 1361         (2) STATUTORY EXEMPTIONS.—The following developments are
 1362  exempt from s. 380.06:
 1363         (c) Any proposed addition to an existing sports facility
 1364  complex if the addition meets the following characteristics:
 1365         1. It would not operate concurrently with the scheduled
 1366  hours of operation of the existing facility;
 1367         2. Its seating capacity would be no more than 75 percent of
 1368  the capacity of the existing facility; and
 1369         3. The sports facility complex property was owned by a
 1370  public body before July 1, 1983.
 1372  This exemption does not apply to any pari-mutuel facility as
 1373  defined in s. 550.002.
 1375  If a use is exempt from review pursuant to paragraphs (a)-(u),
 1376  but will be part of a larger project that is subject to review
 1377  pursuant to s. 380.06(12), the impact of the exempt use must be
 1378  included in the review of the larger project, unless such exempt
 1379  use involves a development that includes a landowner, tenant, or
 1380  user that has entered into a funding agreement with the state
 1381  land planning agency under the Innovation Incentive Program and
 1382  the agreement contemplates a state award of at least $50
 1383  million.
 1384         Section 39. For the purpose of incorporating the amendment
 1385  made by this act to section 550.002, Florida Statutes, in a
 1386  reference thereto, paragraph (c) of subsection (4) of section
 1387  402.82, Florida Statutes, is reenacted to read:
 1388         402.82 Electronic benefits transfer program.—
 1389         (4) Use or acceptance of an electronic benefits transfer
 1390  card is prohibited at the following locations or for the
 1391  following activities:
 1392         (c) A pari-mutuel facility as defined in s. 550.002.
 1393         Section 40. For the purpose of incorporating the amendment
 1394  made by this act to section 550.002, Florida Statutes, in a
 1395  reference thereto, subsection (1) of section 480.0475, Florida
 1396  Statutes, is reenacted to read:
 1397         480.0475 Massage establishments; prohibited practices.—
 1398         (1) A person may not operate a massage establishment
 1399  between the hours of midnight and 5 a.m. This subsection does
 1400  not apply to a massage establishment:
 1401         (a) Located on the premises of a health care facility as
 1402  defined in s. 408.07; a health care clinic as defined in s.
 1403  400.9905(4); a hotel, motel, or bed and breakfast inn, as those
 1404  terms are defined in s. 509.242; a timeshare property as defined
 1405  in s. 721.05; a public airport as defined in s. 330.27; or a
 1406  pari-mutuel facility as defined in s. 550.002;
 1407         (b) In which every massage performed between the hours of
 1408  midnight and 5 a.m. is performed by a massage therapist acting
 1409  under the prescription of a physician or physician assistant
 1410  licensed under chapter 458, an osteopathic physician or
 1411  physician assistant licensed under chapter 459, a chiropractic
 1412  physician licensed under chapter 460, a podiatric physician
 1413  licensed under chapter 461, an advanced practice registered
 1414  nurse licensed under part I of chapter 464, or a dentist
 1415  licensed under chapter 466; or
 1416         (c) Operating during a special event if the county or
 1417  municipality in which the establishment operates has approved
 1418  such operation during the special event.
 1419         Section 41. If any provision of this act or its application
 1420  to any person or circumstance is held invalid, the invalidity
 1421  does not affect other provisions or applications of the act
 1422  which can be given effect without the invalid provision or
 1423  application, and to this end the provisions of this act are
 1424  severable.
 1425         Section 42. Except as otherwise expressly provided in this
 1426  act, this act shall take effect on the same date that SB 2A or
 1427  similar legislation takes effect, if such legislation is adopted
 1428  in the same legislative session or an extension thereof and
 1429  becomes a law.