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The Florida Senate

1999 Florida Statutes

SECTION 01215
License application; periods of operation; bond, conversion of permit.

550.01215  License application; periods of operation; bond, conversion of permit.--

(1)  Each permitholder shall annually, during the period between December 15 and January 4, file in writing with the division its application for a license to conduct performances during the next state fiscal year. Each application shall specify the number, dates, and starting times of all performances which the permitholder intends to conduct. It shall also specify which performances will be conducted as charity or scholarship performances. In addition, each application for a license shall include, for each permitholder which elects to operate a cardroom, the dates and periods of operation the permitholder intends to operate the cardroom or, for each thoroughbred permitholder which elects to receive or rebroadcast out-of-state races after 7 p.m., the dates for all performances which the permitholder intends to conduct. Permitholders shall be entitled to amend their applications through February 28.

(2)  Notwithstanding any other provision of this chapter, any permitholder located as specified in s. 550.615(6) may, between August 1, 1996, and August 15, 1996, make a one-time request to the division and shall be granted a reduction in its authorized performances conducted during the 1996-1997 state fiscal year not to exceed 15 performances. In the absence of a request by a permitholder between August 1, 1996, and August 15, 1996, the division shall have the authority to reduce a permitholder's authorized performances conducted during the 1996-1997 state fiscal year pursuant to a court order issued prior to January 1, 1997.

(3)  Notwithstanding any other provision of this section, any greyhound permitholder located as specified in s. 550.615(6), may apply for a license to conduct racing for fiscal year 1996-1997 within 10 days after the effective date of this act. The division shall issue such license within 15 days of receipt of such application. In addition, any other greyhound permitholders located in such area, may within the same 10-day time period, request corresponding reductions in their authorized number of performances, and the division shall grant such amendments.

(4)  After the first license has been issued to a permitholder, all subsequent annual applications for a license shall be accompanied by proof, in such form as the division may by rule require, that the permitholder continues to possess the qualifications prescribed by this chapter, and that the permit has not been disapproved at a later election.

(5)  Except as provided in s. 550.5251 for thoroughbred racing, the division shall issue each license no later than March 15. Each permitholder shall operate all performances at the date and time specified on its license. The division shall have the authority to approve minor changes in racing dates after a license has been issued. The division may approve changes in racing dates after a license has been issued when there is no objection from any operating permitholder located within 50 miles of the permitholder requesting the changes in operating dates. In the event of an objection, the division shall approve or disapprove the change in operating dates based upon the impact on operating permitholders located within 50 miles of the permitholder requesting the change in operating dates. In making the determination to change racing dates, the division shall take into consideration the impact of such changes on state revenues.

(6)  In the event that a permitholder fails to operate all performances specified on its license at the date and time specified, the division shall hold a hearing to determine whether to fine or suspend the permitholder's license, unless such failure was the direct result of fire, strike, war, or other disaster or event beyond the ability of the permitholder to control. Financial hardship to the permitholder shall not, in and of itself, constitute just cause for failure to operate all performances on the dates and at the times specified.

(7)  In the event that performances licensed to be operated by a permitholder are vacated, abandoned, or will not be used for any reason, any permitholder shall be entitled, pursuant to rules adopted by the division, to apply to conduct performances on the dates for which the performances have been abandoned. The division shall issue an amended license for all such replacement performances which have been requested in compliance with the provisions of this chapter and division rules.

(8)  In addition to the conduct of pari-mutuel wagering and cardroom operations conducted pursuant to s. 849.086, any permitted facility may be used for the conduct of concerts, trade shows, expositions, conventions, flea markets, charitable events, and similar activities, subject to any local ordinance.

(9)  Any permit which was converted from a jai alai permit to a greyhound permit may be converted to a jai alai permit at any time if the permitholder never conducted greyhound racing or if the permitholder has not conducted greyhound racing for a period of 12 consecutive months.

(10)  Notwithstanding any other provision of this section, any jai alai permitholder may apply for a license, or for an amendment of its license, to conduct performances for fiscal year 1998-1999 if the date of the application is later than June 30, 1998, and earlier than July 11, 1998. The division must issue such a license within 15 days after receiving the application.

History.--s. 5, ch. 92-348; s. 2, ch. 95-390; ss. 2, 16, ch. 96-364; s. 27, ch. 97-94; s. 1, ch. 98-190; s. 1, ch. 98-401.