Florida Senate - 2022 SB 854 By Senator Passidomo 28-01067-22 2022854__ Page 1 of 140 CODING: Words stricken are deletions; words underlined are additions. A reviser’s bill to be entitled 1

An act relating to the Florida Statutes; amending ss. 2 16.71, 16.712, 16.713, 16.715, 20.165, 550.002, 3 550.0115, 550.01215, 550.0235, 550.0251, 550.0351, 4 550.054, 550.0555, 550.0651, 550.0951, 550.09511, 5 550.09512, 550.09514, 550.09515, 550.105, 550.1155, 6 550.125, 550.155, 550.175, 550.1815, 550.24055, 7 550.2415, 550.2614, 550.26165, 550.2625, 550.26352, 8 550.2704, 550.334, 550.3345, 550.3355, 550.3551, 9 550.3615, 550.375, 550.495, 550.505, 550.5251, 10 550.625, 550.6305, 550.6308, 550.70, 550.902, 551.102, 11 551.103, 551.104, 551.1045, 551.105, 551.106, 551.107, 12 551.108, 551.109, 551.112, 551.114, 551.117, 551.118, 13 551.121, 551.122, 551.123, 565.02, 817.37, and 14 849.086, F.S., to conform to the directive of the 15 Legislature to the Division of Law Revision in s. 13, 16 ch. 2021-269, Laws of Florida, to replace references 17 to the Division of Pari-mutuel Wagering and references 18 to the Department of Business and Professional 19 Regulation relating to gaming with references to the 20 Florida Gaming Control Commission to conform the 21 Florida Statutes to the transfer of duties in s. 11, 22 ch. 2021-269; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26

Section 1. Paragraph (

b) of subsection (3) of

section 27 16.71, Florida Statutes, is amended to read: 28 16.71 Florida Gaming Control Commission; creation; 29

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 2 of 140 CODING: Words stricken are deletions; words underlined are additions. meetings; membership.— 30

(3) REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS.— 31 (

b) The Governor may not solicit or request any 32 nominations, recommendations, or communications about potential 33 candidates for appointment to the commission from: 34 1. Any person that holds a permit or license issued under 35

chapter 550, or a license issued under

chapter 551 or

chapter 36 849; an officer, official, or employee of such permitholder or 37 licensee; or an ultimate equitable owner, as defined in s. 38 550.002(36) 550.002(37), of such permitholder or licensee; 39 2. Any officer, official, employee, or other person with 40 duties or responsibilities relating to a gaming operation owned 41 by an Indian tribe that has a valid and active compact with the 42 state; a contractor or subcontractor of such tribe or an entity 43 employed, licensed, or contracted by such tribe; or an ultimate 44 equitable owner, as defined in s. 550.002(36) 550.002(37), of 45 such entity; or 46 3.

Any registered lobbyist for the executive or legislative 47 branch who represents any person or entity identified in 48 subparagraph 1. or subparagraph 2. 49

Section 2. Paragraphs (f), (g), and (

h) of subsection (1) 50 of

section 16.712, Florida Statutes, are amended to read: 51 16.712 Florida Gaming Control Commission authorizations, 52 duties, and responsibilities.— 53

(1) The commission shall do all of the following: 54 (

f) Review any matter within the scope of the jurisdiction 55 of the commission Division of Pari-mutuel Wagering. 56 (

g) Review the regulation of licensees, permitholders, or 57 persons regulated by the commission Division of Pari-mutuel 58

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 3 of 140 CODING: Words stricken are deletions; words underlined are additions. Wagering and the procedures used by the commission division to 59 implement and enforce the law. 60 (

h) Review the procedures of the commission Division of 61 Pari-mutuel Wagering which are used to qualify applicants 62 applying for a license, permit, or registration. 63

Section 3. Paragraphs (

a) and (

b) of subsection (2) of 64

section 16.713, Florida Statutes, are amended to read: 65 16.713 Florida Gaming Control Commission; appointment and 66 employment restrictions.— 67

(2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS 68 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE 69 COMMISSION.— 70 (

a) A person may not, for the 2 years immediately preceding 71 the date of appointment to or employment with the commis sion and 72 while appointed to or employed with the commission: 73 1. Hold a permit or license issued under

chapter 550 or a 74 license issued under

chapter 551 or

chapter 849; be an officer, 75 official, or employee of such permitholder or licensee; or be an 76 ultimate equitable owner, as defined in s. 550.002(36) 77 550.002(37), of such permitholder or licensee; 78 2.

Be an officer, official, employee, or other person with 79 duties or responsibilities relating to a gaming operation owned 80 by an Indian tribe that has a valid and active compact with the 81 state; be a contractor or subcontractor of such tribe or an 82 entity employed, licensed, or contracted by such tribe; or be an 83 ultimate equitable owner, as defined in s. 550.002(36) 84 550.002(37), of such entity; 85 3. Be a registered lobbyist for the executive or 86 legislative branch, except while a commissioner or employee of 87

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 4 of 140 CODING: Words stricken are deletions; words underlined are additions. the commission when officially representing the commission; or 88 4. Be a bingo game operator or an employee of a bingo game 89 operator. 90 (

b) A person is ineligible for appointment to or employment 91 with the commission if, within the 2 years immediately preceding 92 such appointment or employment, he or she violated paragraph (a) 93 or solicited or accepted employment with, acquired any direct or 94 indirect interest in, or had any direct or indirect business 95 association, partnership, or financial relationship with, or is 96 a relative of: 97 1. Any person or entity who is an applicant, licensee, or 98 registrant with the Division of Pari-mutuel Wagering or the 99 commission; or 100 2.

Any officer, official, employee, or other person with 101 duties or responsibilities relating to a gaming operation owned 102 by an Indian tribe that has a valid and active compact with the 103 state; any contractor or subcontractor of such tribe or an 104 entity employed, licensed, or contracted by such tribe; or any 105 ultimate equitable owner, as defined in s. 550.002(36) 106 550.002(37), of such entity. 107 108 For the purposes of this subsection, the term “relative” means a 109 spouse, father, mother, son, daughter, grandfather, grandmother, 110 brother, sister, uncle, aunt, cousin, nephew, niece, father -in-111 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 112 sister-in-law, stepfather, stepmother, stepson, stepdaughter, 113 stepbrother, stepsister, half-brother, or half-sister. 114

Section 4. Paragraphs (

b) and (

c) of subsection (2) of 115

section 16.715, Florida Statutes, are amended to read: 116

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 5 of 140 CODING: Words stricken are deletions; words underlined are additions. 16.715 Florida Gaming Control Commission standards of 117 conduct; ex parte communications.— 118

(2) FORMER COMMISSIONERS AND EMPLOYEES.— 119 (

b) A commissioner may not, for the 2 years immediately 120 following the date of resignation or termination from the 121 commission: 122 1. Hold a permit or license issued under

chapter 550, or a 123 license issued under

chapter 551 or

chapter 849; be an officer, 124 official, or employee of such permitholder or licensee; or be an 125 ultimate equitable owner, as defined in s. 550.002(36) 126 550.002(37), of such permitholder or licensee; 127 2.

Accept employment by or compensation from a business 128 entity that, directly or indirectly, owns or controls a person 129 regulated by the commission; from a person regulated by the 130 commission; from a business entity which, directly or 131 indirectly, is an affiliate or subsidiary of a person regulated 132 by the commission; or from a business entity or trade 133 association that has been a party to a commission proceeding 134 within the 2 years preceding the member’s resignation or 135 termination of service on the commission; or 136 3.

Be a bingo game operator or an employee of a bingo game 137 operator. 138 (

c) A person employed by the commission may not, for the 2 139 years immediately following the date of termination or 140 resignation from employment with the commission: 141 1. Hold a permit or license issued under

chapter 550, or a 142 license issued under

chapter 551 or

chapter 849; be an officer, 143 official, or employee of such permitholder or licensee; or be an 144 ultimate equitable owner, as defined in s. 550.002(36) 145

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 6 of 140 CODING: Words stricken are deletions; words underlined are additions. 550.002(37), of such permitholder or licensee; or 146 2. Be a bingo game operator or an employee of a bingo game 147 operator. 148

Section 5. Paragraph (

g) of subsection (2) of

section 149 20.165, Florida Statutes, is amended to read: 150 20.165 Department of Business and Professional Regulation. —151 There is created a Department of Business and Professional 152 Regulation. 153

(2) The following divisions of the Department of Business 154 and Professional Regulation are established: 155 (

g) Division of Pari-mutuel Wagering. 156

Section 6. Subsections (8) through (10) and (12) through 157 (39) of

section 550.002, Florida Statutes, are redesignated as 158 subsections (7) through (9) and subsections (11) through (38), 159 respectively, present subsections (4), (5), (6), (7), and (11) 160 of that

section are amended, and a new subsection (4) is added 161 to that section, to read: 162 550.002

Definitions.—As used in this chapter, the term: 163 (4) “Commission” means the Florida Gaming Control 164 Commission. 165 (5)(4) “Contributor” means a person who contributes to a 166 pari-mutuel pool by engaging in any pari-mutuel wager pursuant 167 to this chapter. 168 (6)(5) “Current meet” or “current race meet” means the 169 conduct of racing or games pursuant to a current year’s 170 operating license issued by the commission division. 171 (6) “Department” means the Department of Business and 172 Professional Regulation. 173 (7) “Division” means the Division of Pari-mutuel Wagering 174

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 7 of 140 CODING: Words stricken are deletions; words underlined are additions. within the Department of Business and Professional Reg ulation. 175 (10)(11) “Full

schedule of live racing or games” means, for 176 a jai alai permitholder, the conduct of a combination of at 177 least 100 live evening or matinee performances during the 178 preceding year; for a permitholder who has a converted permit or 179 filed an application on or before June 1, 1990, for a converted 180 permit, the conduct of a combination of at least 100 live 181 evening and matinee wagering performances during either of the 2 182 preceding years; for a jai alai permitholder who does not 183 operate slot machines in its pari-mutuel facility, who has 184 conducted at least 100 live performances per year for at least 185 10 years after December 31, 1992, and whose handle on live jai 186 alai games conducted at its pari-mutuel facility has been less 187 than $4 million per state fiscal year for at least 2 consecutive 188 years after June 30, 1992, the conduct of a combination of at 189 least 40 live evening or matinee performances during the 190 preceding year; for a jai alai permitholder who operates slot 191 machines in its pari-mutuel facility, the conduct of a 192 combination of at least 150 performances during the preceding 193 year; for a harness permitholder, the conduct of at least 100 194 live regular wagering performances during the preceding year; 195 for a quarter horse permitholder at its facility unless an 196 alternative

schedule of at least 20 live regular wagering 197 performances is agreed upon by the permitholder and either the 198 Florida Quarter Horse Racing Association or the horsemen’s 199 association representing the majority of the quarter horse 200 owners and trainers at the facility and filed with the 201 commission division along with its annual date application, in 202 the 2010-2011 fiscal year, the conduct of at least 20 regular 203

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 8 of 140 CODING: Words stricken are deletions; words underlined are additions. wagering performances, in the 2011-2012 and 2012-2013 fiscal 204 years, the conduct of at least 30 live regular wagering 205 performances, and for every fiscal year after the 2012 -2013 206 fiscal year, the conduct of at least 40 live regular wagering 207 performances; for a quarter horse permitholder leasing another 208 licensed racetrack, the conduct of 160 events at the leased 209 facility; and for a thoroughbred permitholder, the conduct of at 210 least 40 live regular wagering performances during the preceding 211 year.

For a permitholder which is restricted by statute to 212 certain operating periods within the year when other members of 213 its same class of permit are authorized to operate throughout 214 the year, the specified number of live performances which 215 constitute a full

schedule of live racing or games shall be 216 adjusted pro rata in accordance with the relationship b etween 217 its authorized operating period and the full calendar year and 218 the resulting specified number of live performances shall 219 constitute the full

schedule of live games for such permitholder 220 and all other permitholders of the same class within 100 air 221 miles of such permitholder. A live performance must consist of 222 no fewer than eight races or games conducted live for each of a 223 minimum of three performances each week at the permitholder’s 224 licensed facility under a single admission charge. 225

Section

Section 550.0115, Florida Statutes, is amended 226 to read: 227 550.0115 Permitholder operating license.—After a permit has 228 been issued by the commission division, and after the permit has 229 been approved by election, the commission division shall issue 230 to the permitholder an annual operating license to conduct pari -231 mutuel wagering at the location specified in the permit pursuant 232

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 9 of 140 CODING: Words stricken are deletions; words underlined are additions. to the provisions of this chapter. 233

Section

Section 550.01215, Florida Statutes, is amended 234 to read: 235 550.01215 License application; periods of operation; 236 license fees; bond.— 237

(1) Each permitholder shall annually, during the period 238 between December 15 and January 4, file in writing with the 239 commission division its application for an operating license for 240 a pari-mutuel facility for the conduct of pari-mutuel wagering 241 during the next state fiscal year, including intertrack and 242 simulcast race wagering. Each application for live performances 243 must specify the number, dates, and starting times of all live 244 performances that the permitholder intends to conduct. It must 245 also specify which performances will be conducted as charity or 246 scholarship performances. 247 (

a) Each application for an operating license also must 248 include: 249 1. For each permitholder, whether the permitholder int ends 250 to accept wagers on intertrack or simulcast events. 251 2. For each permitholder that elects to operate a cardroom, 252 the dates and periods of operation the permitholder intends to 253 operate the cardroom. 254 3. For each thoroughbred racing permitholder that elec ts to 255 receive or rebroadcast out-of-state races, the dates for all 256 performances that the permitholder intends to conduct. 257 (b)1.

A greyhound permitholder may not conduct live racing. 258 A jai alai permitholder, harness horse racing permitholder, or 259 quarter horse racing permitholder may elect not to conduct live 260 racing or games. A thoroughbred permitholder must conduct live 261

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 10 of 140 CODING: Words stricken are deletions; words underlined are additions. racing.

A greyhound permitholder, jai alai permitholder, harness 262 horse racing permitholder, or quarter horse racing permitholder 263 that does not conduct live racing or games retains its permit; 264 is a pari-mutuel facility as defined in s. 550.002(22) 265 550.002(23); if such permitholder has been issued a slot machine 266 license, the facility where such permit is located remains an 267 eligible facility as defined in s. 551.102(4), continues to be 268 eligible for a slot machine license pursuant to s. 551.104(3), 269 and is exempt from ss. 551.104(4)(

c) and (10) and 551.114(2); is 270 eligible, but not required, to be a guest track and, if the 271 permitholder is a harness horse racing permitholder, to be a 272 host track for purposes of intertrack wagering and simulcasting 273 pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and 274 remains eligible for a cardroom license. 275 2. A permitholder or licensee may not conduct live 276 greyhound racing or dogracing in connection with any wager for 277 money or any other thing of value in the state. The commission 278 division may deny, suspend, or revoke any permit or license 279 under this

chapter if a permitholder or licensee conducts live 280 greyhound racing or dogracing in violation of this subparagraph. 281 In addition to, or in lieu of, denial, suspension, or revocation 282 of such permit or license, the commission division may impose a 283 civil penalty of up to $5,000 against the permitholder or 284 licensee for a violation of this subparagraph. All penalties 285 imposed and collected must be deposited with the Chief Financial 286 Officer to the credit of the General Revenue Fund. 287 (

c) Permitholders may amend their applications through 288 February 28. 289 (

d) Notwithstanding any other provision of law, other than 290

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 11 of 140 CODING: Words stricken are deletions; words underlined are additions. a permitholder issued a permit pursuant to s. 550.3345, a pari -291 mutuel permitholder may not be issued an operating license for 292 the conduct of pari-mutuel wagering, slot machine gaming, or the 293 operation of a cardroom if the permitholder did not hold an 294 operating license for the conduct of pari-mutuel wagering for 295 fiscal year 2020-2021. 296

(2) After the first license has been issued to a 297 permitholder, all subsequent annual applications for a license 298 shall be accompanied by proof, in such form as the commission 299 division may by rule require, that the permitholder continues to 300 possess the qualifications prescribed by this chapter, and that 301 the permit has not been disapproved at a later election. 302

(3) The commission division shall issue each license no 303 later than March 15. Each permitholder shall operate all 304 performances at the date and time specified on its license. The 305 commission division shall have the authority to approve minor 306 changes in racing dates after a license has been issued.

The 307 commission division may approve changes in racing dates after a 308 license has been issued when there is no objection from any 309 operating permitholder that is conducting live racing or games 310 and that is located within 50 miles of the permitholder 311 requesting the changes in operating dates. In the event of an 312 objection, the commission division shall approve or disapprove 313 the change in operating dates based upon the impact on operating 314 permitholders located within 50 miles of the permitholder 315 requesting the change in operating dates.

In making the 316 determination to change racing dates, the commission division 317 shall take into consideration the impact of such changes on 318 state revenues. Notwithstanding any other provision of law, and 319

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 12 of 140 CODING: Words stricken are deletions; words underlined are additions. for the 2021-2022 state fiscal year only, the division may 320 approve changes in operating dates for a jai alai permitholder, 321 harness horse racing permitholder, or quarter horse racing 322 permitholder if the request for such changes is received before 323 October 1, 2021. 324

(4) In the event that a permitholder fails to operate all 325 performances specified on its license at the date and time 326 specified, the commission division shall hold a hearing to 327 determine whether to fine or suspend the permitholder’s license, 328 unless such failure was the direct result of fire, strike, war, 329 hurricane, pandemic, or other disaster or event beyond the 330 ability of the permitholder to control. Financial hardship to 331 the permitholder shall not, in and of itself, constitute just 332 cause for failure to operate all performances o n the dates and 333 at the times specified. 334

(5) In the event that performances licensed to be operated 335 by a permitholder are vacated, abandoned, or will not be used 336 for any reason, any permitholder shall be entitled, pursuant to 337 rules adopted by the commission division, to apply to conduct 338 performances on the dates for which the performances have been 339 abandoned. The commission division shall issue an amended 340 license for all such replacement performances which have been 341 requested in compliance with this

chapter and commission 342 division rules. 343

Section

Section 550.0235, Florida Statutes, is amended 344 to read: 345 550.0235 Limitation of civil liability.—No permitholder 346 licensed to conduct pari-mutuel wagering pursuant to the 347 provisions of this chapter; no commissioner division director or 348

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 13 of 140 CODING: Words stricken are deletions; words underlined are additions. employee of the commission division; and no steward, judge, or 349 other person appointed to act pursuant to this

chapter shall be 350 held liable to any person, partnership, association, 351 corporation, or other business entity for any cause whatsoever 352 arising out of, or from, the performance by such permittee, 353 director, employee, steward, judge, or other person of her or 354 his duties and the exercise of her or his discretion with 355 respect to the implementation and enforcement of the statutes 356 and rules governing the conduct of pari-mutuel wagering, so long 357 as she or he acted in good faith. This

section shall not limit 358 liability in any situation in which the negligent maintenance of 359 the premises or the negligent conduct of a race contributed to 360 an accident; nor shall it limit any contractual liability. 361

Section

Section 550.0251, Florida Statutes, is amended 362 to read: 363 550.0251 The powers and duties of the Florida Gaming 364 Control Commission Division of Pari-mutuel Wagering of the 365 Department of Business and Professional Regulation.—The 366 commission division shall administer this

chapter and regulate 367 the pari-mutuel industry under this

chapter and the rules 368 adopted pursuant thereto, and: 369

(1) The commission division shall make an annual report to 370 the Governor showing its own actions, receipts derived under the 371 provisions of this chapter, the practical effects of the 372 application of this chapter, and any suggestions it may approve 373 for the more effectual accomplishments of the purposes of this 374 chapter. 375

(2) The commission division shall require an oath on 376 application documents as required by rule, which oath must state 377

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 14 of 140 CODING: Words stricken are deletions; words underlined are additions. that the information contained in the document is true and 378 complete. 379

(3) The commission division shall adopt reasonable rules 380 for the control, supervision, and direction of all applicants, 381 permittees, and licensees and for the holding, conducting, and 382 operating of all racetracks, race meets, and races held in this 383 state. Such rules must be uniform in their application and 384 effect, and the duty of exercising this control and power is 385 made mandatory upon the commission division. 386

(4) The commission division may take testimony concerning 387 any matter within its jurisdiction and issue summons and 388 subpoenas for any witness and subpoenas duces tecum in 389 connection with any matter within the jurisdiction of the 390 commission division under its seal and signed by the director. 391

(5) The commission division may adopt rules establishing 392 procedures for testing occupational licenseholders officiating 393 at or participating in any race or game at any pari-mutuel 394 facility under the jurisdiction of the commission division for a 395 controlled substance or alcohol and may prescribe procedural 396 matters not in conflict with s. 120.80(4)(a). 397

(6) In addition to the power to exclude certain persons 398 from any pari-mutuel facility in this state, the commission 399 division may exclude any person from any and all pari-mutuel 400 facilities in this state for conduct that would constitute, if 401 the person were a licensee, a violation of this

chapter or the 402 rules of the commission division. The commission division may 403 exclude from any pari-mutuel facility within this state any 404 person who has been ejected from a pari-mutuel facility in this 405 state or who has been excluded from any pari-mutuel facility in 406

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 15 of 140 CODING: Words stricken are deletions; words underlined are additions. another state by the governmental department, agency, 407 commission, or authority exercising regulatory jurisdiction over 408 pari-mutuel facilities in such other state.

The commission 409 division may authorize any person who has been ejected or 410 excluded from pari-mutuel facilities in this state or another 411 state to attend the pari-mutuel facilities in this state upon a 412 finding that the attendance of such person at pari -mutuel 413 facilities would not be adverse to the public interest or to the 414 integrity of the sport or industry; however, this subsection 415 shall not be construed to abrogate the common-law right of a 416 pari-mutuel permitholder to exclude absolutely a patron in this 417 state. 418

(7) The commission division may oversee the making of, and 419 distribution from, all pari-mutuel pools. 420

(8) The commission department may collect taxes and require 421 compliance with reporting requirements for financial information 422 as authorized by this chapter. In addition, the commission 423 secretary of the department may require permitholders conducting 424 pari-mutuel operations within the state to remit taxes, 425 including fees, by electronic funds transfer if the taxes and 426 fees amounted to $50,000 or more in the prior reporting year. 427

(9) The commission division may conduct investigations in 428 enforcing this chapter, except that all information obtained 429 pursuant to an investigation by the commission division for an 430 alleged violation of this

chapter or rules of the commission 431 division is exempt from s. 119.07(1) and from s. 24(a), Art. I 432 of the State Constitution until an administrative complaint is 433 issued or the investigation is closed or ceases to be active. 434 This subsection does not prohibit the commission division from 435

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 16 of 140 CODING: Words stricken are deletions; words underlined are additions. providing such information to any law enforcement agency or to 436 any other regulatory agency.

For the purposes of this 437 subsection, an investigation is considered to be active while it 438 is being conducted with reasonable dispatch and with a 439 reasonable, good faith belief that it could lead to an 440 administrative, civil, or criminal action by the commission 441 division or another administrative or law enforcement agency. 442 Except for active criminal intelligence or criminal 443 investigative information, as defined in s. 119.011, and any 444 other information that, if disclosed, would jeopardize the 445 safety of an individual, all information, records, and 446 transcriptions become public when the investigation is closed or 447 ceases to be active. 448

(10) The commission division may impose an administrative 449 fine for a violation under this

chapter of not more than $1,000 450 for each count or separate offense, except as otherwise provided 451 in this chapter, and may suspend or revoke a permit, a pari -452 mutuel license, or an occupational license for a violation under 453 this chapter. All fines imposed and collected under this 454 subsection must be deposited with the Chief Financial Officer to 455 the credit of the General Revenue Fund. 456

(11) The commission division shall supervise and regulate 457 the welfare of racing animals at pari-mutuel facilities. 458

(12) The commission division shall have full authority and 459 power to make, adopt, amend, or repeal rules relating to 460 cardroom operations, to enforce and to carry out the provisions 461 of s. 849.086, and to regulate the authorized cardroom 462 activities in the state. 463

(13) The commission division shall have the authority to 464

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 17 of 140 CODING: Words stricken are deletions; words underlined are additions. suspend a permitholder’s permit or license, if such permitholder 465 is operating a cardroom facility and such permitholder’s 466 cardroom license has been suspended or revoked pursuant to s. 467 849.086. 468

Section 11. Subsections (1), (2), and (4), paragraphs (a) 469 and (

c) of subsection (6), and subsection (7) of

section 470 550.0351, Florida Statutes, are amended to read: 471 550.0351 Charity racing days.— 472

(1) The commission division shall, upon the request of a 473 permitholder, authorize each horseracing permitholder and jai 474 alai permitholder up to five charity or scholarship days in 475 addition to the regular racing days authorized by law. 476

(2) The proceeds of charity performances shall be paid to 477 qualified beneficiaries selected by the permitholders from an 478 authorized list of charities on file with the commission 479 division. Eligible charities include any charity that provides 480 evidence of compliance with the provisions of

chapter 496 and 481 evidence of possession of a valid exemption from federal 482 taxation issued by the Internal Revenue Service. In addition, 483 the authorized list must include the Racing Scholarship Trust 484 Fund, the Historical Resources Operating Trust Fund, major state 485 and private institutions of higher learning, and Florida 486 community colleges. 487

(4) The total of all profits derived from the conduct of a 488 charity day performance must include all revenues derived from 489 the conduct of that racing performance, including all state 490 taxes that would otherwise be due to the state, except that the 491 daily license fee as provided in s. 550.0951(1) and the breaks 492 for the promotional trust funds as provided in s. 550.2625(3), 493

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 18 of 140 CODING: Words stricken are deletions; words underlined are additions. (4), (5), (7), and (8) shall be paid to the commission division. 494 All other revenues from the charity racing performance, 495 including the commissions, breaks, and admissions and the 496 revenues from parking, programs, and concessions, shall be 497 included in the total of all profits. 498 (6)(

a) The commission division shall authorize one 499 additional scholarship day for horseracing in addition to t he 500 regular racing days authorized by law and any additional days 501 authorized by this section, to be conducted at all horse 502 racetracks located in Hillsborough County. The permitholder 503 shall conduct a full

schedule of racing on the scholarship day. 504 (

c) When a charity or scholarship performance is conducted 505 as a matinee performance, the commission division may authorize 506 the permitholder to conduct the evening performances of that 507 operation day as a regular performance in addition to the 508 regular operating days authorized by law. 509

(7) In addition to the eligible charities that meet the 510 criteria set forth in this section, a jai alai permitholder is 511 authorized to conduct two additional charity performances each 512 fiscal year for a fund to benefit retired jai alai playe rs. This 513 performance shall be known as the “Retired Jai Alai Players 514 Charity Day.” The administration of this fund shall be 515 determined by rule by the commission division. 516

Section 12. Subsections (1), (2), (3), (4), (5), (6), and 517 (7), paragraphs (a), (b), (c), and (

e) of subsection (8), 518 subsections (9), (10), (11), and (12), paragraph (

a) of 519 subsection (13), subsection (14), and paragraph (

c) of 520 subsection (15) of

section 550.054, Florida Statutes, are 521 amended to read: 522

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 19 of 140 CODING: Words stricken are deletions; words underlined are additions. 550.054 Application for permit to conduct pari-mutuel 523 wagering.— 524

(1) Any person who possesses the qualifications prescribed 525 in this

chapter may apply to the commission division for a 526 permit to conduct pari-mutuel operations under this chapter. 527 Applications for a pari-mutuel permit are exempt from the 90-day 528 licensing requirement of s. 120.60. Within 120 days after 529 receipt of a complete application, the commission division shall 530 grant or deny the permit. A completed application that is not 531 acted upon within 120 days after receipt is deemed approved, and 532 the commission division shall grant the permit. 533

(2) Upon each application filed and approved, a permit 534 shall be issued to the applicant setting forth the name of the 535 permitholder, the location of the pari-mutuel facility, the type 536 of pari-mutuel activity desired to be conducted, and a statement 537 showing qualifications of the applicant to conduct pari -mutuel 538 performances under this chapter; however, a permit is 539 ineffectual to authorize any pari-mutuel performances until 540 approved by a majority of the electors participating in a 541 ratification election in the county in which the applicant 542 proposes to conduct pari-mutuel wagering activities.

In 543 addition, an application may not be considered, nor may a permit 544 be issued by the commission division or be voted upon in any 545 county, to conduct horseraces, harness horse races, or pari -546 mutuel wagering at a location within 100 miles of an existing 547 pari-mutuel facility, or for jai alai within 50 miles of an 548 existing pari-mutuel facility; this distance shall be measured 549 on a straight line from the nearest property line of one pari -550 mutuel facility to the nearest property line of the other 551

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 20 of 140 CODING: Words stricken are deletions; words underlined are additions. facility. 552

(3) The commission division shall require that each 553 applicant submit an application setting forth: 554 (

a) The full name of the applicant. 555 (

b) If a corporation, the name of the state in which 556 incorporated and the names and addresses of the officers, 557 directors, and shareholders holding 5 percent or more equity or, 558 if a business entity other than a corporation, the names and 559 addresses of the principals, partners, or shareholders holding 5 560 percent or more equity. 561 (

c) The names and addresses of the ultimate equitable 562 owners for a corporation or other business entity, if different 563 from those provided under paragraph (b), unless the securities 564 of the corporation or entity are registered pursuant to s. 12 of 565 the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a -78kk; and 566 if such corporation or entity files with the United States 567 Securities and Exchange Commission the reports required by s. 13 568 of that act or if the securities of the corporation or entity 569 are regularly traded on an established securities market in the 570 United States. 571 (

d) The exact location where the applicant will conduct 572 pari-mutuel performances. 573 (

e) Whether the pari-mutuel facility is owned or leased 574 and, if leased, the name and residence of the fee owner or, if a 575 corporation, the names and addresses of the directors and 576 stockholders thereof. However, this

chapter does not prevent a 577 person from applying to the commission division for a permit to 578 conduct pari-mutuel operations, regardless of whether the pari -579 mutuel facility has been constructed or not, and having an 580

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 21 of 140 CODING: Words stricken are deletions; words underlined are additions. election held in any county at the same time that elections are 581 held for the ratification of any permit in that county. 582 (

f) A statement of the assets and liabilities of the 583 applicant. 584 (

g) The names and addresses of any mortgagee of any pari -585 mutuel facility and any financial agreement between the parties. 586 The commission division may require the names and addresses of 587 the officers and directors of the mortgagee, and of those 588 stockholders who hold more than 10 percent of the stock of the 589 mortgagee. 590 (

h) A business plan for the first year of operation. 591 (

i) For each individual listed in the application as an 592 owner, partner, officer, or director, a complete set of 593 fingerprints that has been taken by an authorized law 594 enforcement officer. These sets of fingerprints must be 595 submitted to the Federal Bureau of Investigation for processing. 596 Applicants who are foreign nationals shall submit such documents 597 as necessary to allow the commission division to conduct 598 criminal history records checks in the applicant’s home country. 599 The applicant must pay the cost of processing. The commission 600 division may charge a $2 handling fee for each set of 601 fingerprint records. 602 (

j) The type of pari-mutuel activity to be conducted and 603 the desired period of operation. 604 (

k) Other information the commission division requires. 605

(4) The commission division shall require each applicant to 606 deposit with the board of county commissioners of the county in 607 which the election is to be held, a sufficient sum, in currency 608 or by check certified by a bank licensed to do business in the 609

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 22 of 140 CODING: Words stricken are deletions; words underlined are additions. state to pay the expenses of holding the election provided in s. 610 550.0651. 611

(5) Upon receiving an application and any amendments 612 properly made thereto, the commission division shall further 613 investigate the matters contained in the application. If the 614 applicant meets all requirements, conditions, and qualifications 615 set forth in this

chapter and the rules of the commission 616 division, the commission division shall grant the permit. 617

(6) After initial approval of the permit and the source of 618 financing, the terms and parties of any subsequent refinancing 619 must be disclosed by the applicant or the permitholder to the 620 commission division. 621

(7) If the commission division refuses to grant the permit, 622 the money deposited with the board of county commissioners for 623 holding the election must be refunded to the applicant. If the 624 commission division grants the permit applied for, the board of 625 county commissioners shall order an election in the county to 626 decide whether the permit will be approved, as provided in s. 627 550.0651. 628 (8)(

a) The commission division may charge the applicant for 629 reasonable, anticipated costs incurred by the commission 630 division in determining the eligibility of any person or entity 631 specified in s. 550.1815(1)(

a) to hold any pari -mutuel permit, 632 against such person or entity. 633 (

b) The commission division may, by rule, determine the 634 manner of paying its anticipated costs associated with 635 determination of eligibility and the procedure for filing 636 applications for determination of eligibility. 637 (

c) The commission division shall furnish to the applicant 638

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 23 of 140 CODING: Words stricken are deletions; words underlined are additions. an itemized statement of actual costs incurred during the 639 investigation to determine eligibility. 640 (

e) If the actual costs of investigation exceed anticipated 641 costs, the commission division shall assess the applicant the 642 amount necessary to recover all actual costs. 643 (9)(

a) After a permit has been granted by the commission 644 division and has been ratified and approved by the majority of 645 the electors participating in the election in the county 646 designated in the permit, the commission division shall grant to 647 the lawful permitholder, subject to the conditions of this 648 chapter, a license to conduct pari-mutuel operations under this 649 chapter, and, except as provided in s. 550.5251, the commission 650 division shall fix annually the time, place, and number of days 651 during which pari-mutuel operations may be conducted by the 652 permitholder at the location fixed in the permit and ratified in 653 the election.

After the first license has been issued to the 654 holder of a ratified permit for racing in any county, all 655 subsequent annual applications for a license by that 656 permitholder must be accompanied by proof, in such form as the 657 commission division requires, that the ratified permitholder 658 still possesses all the qualifications prescribed by this 659

chapter and that the permit has not been recalled at a later 660 election held in the county. 661 (

b) The commission division may revoke or suspend any 662 permit or license issued under this

chapter upon the willful 663 violation by the permitholder or licensee of any provision of 664 this

chapter or of any rule adopted under this chapter. In lieu 665 of suspending or revoking a permit or license, the commission 666 division may impose a civil penalty against the permitholder or 667

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 24 of 140 CODING: Words stricken are deletions; words underlined are additions. licensee for a violation of this

chapter or any rule adopted by 668 the commission division. The penalty so imposed may not exceed 669 $1,000 for each count or separate offense. All penalties imposed 670 and collected must be deposited with the Chief Financial Officer 671 to the credit of the General Revenue Fund. 672 (

c) The commission division shall revoke the permit of any 673 permitholder, other than a permitholder issued a permit pursuant 674 to s. 550.3345, who did not hold an operating license for the 675 conduct of pari-mutuel wagering for fiscal year 2020-2021. A 676 permit revoked under this paragraph is void and may not be 677 reissued. 678

(10) If a permitholder has failed to complete construction 679 of at least 50 percent of the facilities necessary to conduct 680 pari-mutuel operations within 12 months after approval by the 681 voters of the permit, the commission division shall revoke the 682 permit upon adequate notice to the permitholder. However, the 683 commission division, upon good cause shown by the permitholder, 684 may grant one extension of up to 12 months. 685 (11)(

a) A permit granted under this

chapter may not be 686 transferred or assigned except upon written approval by the 687 commission division pursuant to s. 550.1815, except that the 688 holder of any permit that has been converted to a jai alai 689 permit may lease or build anywhere within the county in which 690 its permit is located. 691 (

b) If a permit to conduct pari-mutuel wagering is held by 692 a corporation or business entity other than an individual, the 693 transfer of 10 percent or more of the stock or other evidence of 694 ownership or equity in the permitholder may not be made without 695 the prior approval of the transferee by the commission division 696

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 25 of 140 CODING: Words stricken are deletions; words underlined are additions. pursuant to s. 550.1815. 697

(12) Changes in ownership or interest of a pari-mutuel 698 permit of 5 percent or more of the stock or other evidence of 699 ownership or equity in the permitholder shall be approved by the 700 commission division prior to such change, unless the owner is an 701 existing owner of that permit who was previously approved by the 702 commission division. Changes in ownership or interest of a pari-703 mutuel permit of less than 5 percent shall be reported to the 704 commission division within 20 days of the change. The commission 705 division may then conduct an investigation to ensure that the 706 permit is properly updated to show the change in ownership or 707 interest. 708 (13)(

a) Notwithstanding any provisions of this chapter, no 709 thoroughbred horse racing permit or license issued under this 710

chapter shall be transferred, or reissued when such reissuance 711 is in the nature of a transfer so as to permit or authorize a 712 licensee to change the location of a thoroughbred horse 713 racetrack except upon proof in such form as the commission 714 division may prescribe that a referendum election has been held: 715 1.

If the proposed new location is within the same county 716 as the already licensed location, in the county where the 717 licensee desires to conduct the race meeting and t hat a majority 718 of the electors voting on that question in such election voted 719 in favor of the transfer of such license. 720 2.

If the proposed new location is not within the same 721 county as the already licensed location, in the county where the 722 licensee desires to conduct the race meeting and in the county 723 where the licensee is already licensed to conduct the race 724 meeting and that a majority of the electors voting on that 725

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 26 of 140 CODING: Words stricken are deletions; words underlined are additions. question in each such election voted in favor of the transfer of 726 such license. 727 (14)(

a) Any holder of a permit to conduct jai alai may 728 apply to the commission division to convert such permit to a 729 permit to conduct greyhound racing in lieu of jai alai if: 730 1. Such permit is located in a county in which the 731 commission division has issued only two pari-mutuel permits 732 pursuant to this section; 733 2. Such permit was not previously converted from any other 734 class of permit; and 735 3. The holder of the permit has not conducted jai alai 736 games during a period of 10 years immediately precedin g his or 737 her application for conversion under this subsection. 738 (

b) The commission division, upon application from the 739 holder of a jai alai permit meeting all conditions of this 740 section, shall convert the permit and shall issue to the 741 permitholder a permit to conduct greyhound racing. A 742 permitholder of a permit converted under this

section shall be 743 required to apply for and conduct a full

schedule of live racing 744 each fiscal year to be eligible for any tax credit provided by 745 this chapter. The holder of a permit converted pursuant to this 746 subsection or any holder of a permit to conduct greyhound racing 747 located in a county in which it is the only permit issued 748 pursuant to this

section who operates at a leased facility 749 pursuant to s. 550.475 may move the location for which the 750 permit has been issued to another location within a 30 -mile 751 radius of the location fixed in the permit issued in that 752 county, provided the move does not cross the county boundary and 753 such location is approved under the zoning regulations of the 754

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 27 of 140 CODING: Words stricken are deletions; words underlined are additions. county or municipality in which the permit is located, and upon 755 such relocation may use the permit for the conduct of pari -756 mutuel wagering and the operation of a cardroom. The provisions 757 of s. 550.6305(9)(

d) and (

f) shall apply to any permit converted 758 under this subsection and shall continue to apply to any permit 759 which was previously included under and subject to such 760 provisions before a conversion pursuant to this

section 761 occurred. 762 (15) 763 (

c) Additional permits for the conduct of pari-mutuel 764 wagering may not be approved or issued by the commission or 765 former Division of Pari-mutuel Wagering division after January 766 1, 2021; and 767

Section 13. Subsection (2) of

section 550.0555, Florida 768 Statutes, is amended to read: 769 550.0555 Greyhound dogracing permits; relocation within a 770 county; conditions.— 771

(2) Any holder of a valid outstanding permit for greyhound 772 dogracing in a county in which there is only one dogracing 773 permit issued, as well as any holder of a valid outstanding 774 permit for jai alai in a county where only one jai alai permit 775 is issued, is authorized, without the necessity of an additional 776 county referendum required under s. 550.0651, to move the 777 location for which the permit has been issued to another 778 location within a 30-mile radius of the location fixed in the 779 permit issued in that county, provided the move does not cross 780 the county boundary, that such relocation is approved under the 781 zoning regulations of the county or municipality in which the 782 permit is to be located as a planned development use, consis tent 783

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 28 of 140 CODING: Words stricken are deletions; words underlined are additions. with the comprehensive plan, and that such move is approved by 784 the commission department after it is determined at a proceeding 785 pursuant to

chapter 120 in the county affected that the move is 786 necessary to ensure the revenue-producing capability of the 787 permittee without deteriorating the revenue-producing capability 788 of any other pari-mutuel permittee within 50 miles; the distance 789 shall be measured on a straight line from the nearest property 790 line of one racing plant or jai alai fronton to the nearest 791 property line of the other. 792

Section 14. Subsections (1), (3), and (5) of

section 793 550.0651, Florida Statutes, are amended to read: 794 550.0651 Elections for ratification of permits; municipal 795 prohibitions.— 796

(1) The holder of any permit may have submitted to th e 797 electors of the county designated therein the question whether 798 or not such permit will be ratified or rejected. Such questions 799 shall be submitted to the electors for approval or rejection at 800 a special election to be called for that purpose only.

The boar d 801 of county commissioners of the county designated, upon the 802 presentation to such board at a regular or special meeting of a 803 written application, accompanied by a certified copy of the 804 permit granted by the commission division, and asking for an 805 election in the county in which the application was made, shall 806 order a special election in the county for the particular 807 purpose of deciding whether such permit shall be approved and 808 license issued and race meetings permitted in such county by 809 such permittee and shall cause the clerk of such board to give 810 notice of the special election by publishing the same once each 811 week for 2 consecutive weeks in one or more newspapers of 812

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 29 of 140 CODING: Words stricken are deletions; words underlined are additions. general circulation in the county. Each permit covering each 813 track must be voted upon separately and in separate elections, 814 and an election may not be called more often than once every 2 815 years for the ratification of any permit covering the same 816 track. 817

(3) When a permit has been granted by the commission 818 division and no application to the board of county commissioners 819 has been made by the permittee within 6 months after the 820 granting of the permit, the permit becomes void. The commission 821 division shall cancel the permit without notice to the 822 permitholder, and the board of county commissioners holdi ng the 823 deposit for the election shall refund the deposit to the 824 permitholder upon being notified by the commission division that 825 the permit has become void and has been canceled. 826

(5) If at any such special election the majority of the 827 electors voting on the question of ratification or rejection of 828 any permit vote against such ratification, such permit is void. 829 If a majority of the electors voting on the question of 830 ratification or rejection of any permit vote for such 831 ratification, such permit becomes effectual and the holder 832 thereof may conduct racing upon complying with the other 833 provisions of this chapter. The board of county commissioners 834 shall immediately certify the results of the election to the 835 commission division. 836

Section 15. Subsection (1), paragraph (

c) of subsection 837 (2), paragraph (

c) of subsection (3), and subsections (5) and 838 (6) of

section 550.0951, Florida Statutes, are amended to read: 839 550.0951 Payment of daily license fee and taxes; 840 penalties.— 841

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 30 of 140 CODING: Words stricken are deletions; words underlined are additions.

(1) DAILY LICENSE FEE.— 842 (

a) Each person engaged in the business of conducting race 843 meetings or jai alai games under this chapter, hereinafter 844 referred to as the “permitholder,” “licensee,” or “permittee,” 845 shall pay to the commission division, for the use of the 846 commission division, a daily license fee on each live or 847 simulcast pari-mutuel event of $100 for each horserace and $80 848 for each dograce and $40 for each jai alai game conducted at a 849 racetrack or fronton licensed under this chapter.

In addition to 850 the tax exemption specified in s. 550.09514(1) o f $360,000 or 851 $500,000 per greyhound permitholder per state fiscal year, each 852 greyhound permitholder shall receive in the current state fiscal 853 year a tax credit equal to the number of live greyhound races 854 conducted in the previous state fiscal year times t he daily 855 license fee specified for each dograce in this subsection 856 applicable for the previous state fiscal year. This tax credit 857 and the exemption in s. 550.09514(1) shall be applicable to any 858 tax imposed by this

chapter or the daily license fees imposed by 859 this

chapter except during any charity or scholarship 860 performances conducted pursuant to s. 550.0351. Each 861 permitholder shall pay daily license fees not to exceed $500 per 862 day on any simulcast races or games on which such permitholder 863 accepts wagers regardless of the number of out-of-state events 864 taken or the number of out-of-state locations from which such 865 events are taken. This license fee shall be deposited with the 866 Chief Financial Officer to the credit of the Pari -mutuel 867 Wagering Trust Fund. 868 (

b) Each permitholder that cannot utilize the full amount 869 of the exemption of $360,000 or $500,000 provided in s. 870

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 31 of 140 CODING: Words stricken are deletions; words underlined are additions. 550.09514(1) or the daily license fee credit provided in this 871

section may, after notifying the commission division in writing, 872 elect once per state fiscal year on a form provided by the 873 commission division to transfer such exemption or credit or any 874 portion thereof to any greyhound permitholder which acts as a 875 host track to such permitholder for the purpose of intertrack 876 wagering. Once an election to transfer such exemption or credit 877 is filed with the commission division, it shall not be 878 rescinded.

The commission division shall disapprove the transfer 879 when the amount of the exemption or credit or portion thereof is 880 unavailable to the transferring permitholder or when the 881 permitholder who is entitled to transfer the exemption or credit 882 or who is entitled to receive the exemption or credit owes taxes 883 to the state pursuant to a deficiency letter or administrative 884 complaint issued by the commission division.

Upon approval of 885 the transfer by the commission division, the transferred tax 886 exemption or credit shall be effective for the first performance 887 of the next payment period as specified in subsection (5). The 888 exemption or credit transferred to such host track may be 889 applied by such host track against any taxes imposed by this 890

chapter or daily license fees imposed by this chapter. The 891 greyhound permitholder host track to which such exemption or 892 credit is transferred shall reimburse such permitholder the 893 exact monetary value of such transferred exemption or credit as 894 actually applied against the taxes and daily license fees of the 895 host track. The commission division shall ensure that all 896 transfers of exemption or credit are made in accordance with 897 this subsection and shall have the authority to adopt rules to 898 ensure the implementation of this section. 899

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 32 of 140 CODING: Words stricken are deletions; words underlined are additions.

(2) ADMISSION TAX.— 900 (

c) A permitholder may issue tax-free passes to its 901 officers, officials, and employees or other persons actually 902 engaged in working at the racetrack, including accredited press 903 representatives such as reporters and editors, and may also 904 issue tax-free passes to other permitholders for the use of 905 their officers and officials. The permitholder shall file with 906 the commission division a list of all persons to whom tax-free 907 passes are issued under this paragraph. 908

(3) TAX ON HANDLE.—Each permitholder shall pay a tax on 909 contributions to pari-mutuel pools, the aggregate of which is 910 hereinafter referred to as “handle,” on races or games conducted 911 by the permitholder. The tax is imposed daily and is based on 912 the total contributions to all pari-mutuel pools conducted 913 during the daily performance. If a permitholder conducts more 914 than one performance daily, the tax is imposed on each 915 performance separately. 916 (c)1.

The tax on handle for intertrack wagering is 2.0 917 percent of the handle if the host track is a horse track, 3.3 918 percent if the host track is a harness track, 5.5 percent if the 919 host track is a dog track, and 7.1 percent if the host track is 920 a jai alai fronton. The tax on handle for intertrack wagering is 921 0.5 percent if the host track and the guest track are 922 thoroughbred permitholders or if the guest track is located 923 outside the market area of the host track and within the market 924 area of a thoroughbred permitholder currently conducting a live 925 race meet.

The tax on handle for intertrack wagering on 926 rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent 927 of the handle and 1.5 percent of the handle for intertrack 928

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 33 of 140 CODING: Words stricken are deletions; words underlined are additions. wagering on rebroadcasts of simulcast harness horseraces. The 929 tax shall be deposited into the Pari-mutuel Wagering Trust Fund. 930 2.

The tax on handle for intertrack wagers accepted by any 931 dog track located in an area of the state in which there are 932 only three permitholders, all of which are greyho und 933 permitholders, located in three contiguous counties, from any 934 greyhound permitholder also located within such area or any dog 935 track or jai alai fronton located as specified in s. 550.615(6) 936 or (9), on races or games received from the same class of 937 permitholder located within the same market area is 3.9 percent 938 if the host facility is a greyhound permitholder and, if the 939 host facility is a jai alai permitholder, the rate shall be 6.1 940 percent except that it shall be 2.3 percent on handle at such 941 time as the total tax on intertrack handle paid to the 942 commission division by the permitholder during the current state 943 fiscal year exceeds the total tax on intertrack handle paid to 944 the commission division by the permitholder during the 1992-1993 945 state fiscal year. 946

(5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments 947 imposed by this

section shall be paid to the commission 948 division. The commission division shall deposit these sums with 949 the Chief Financial Officer, to the credit of the Pari-mutuel 950 Wagering Trust Fund, hereby established. The permitholder shall 951 remit to the commission division payment for the daily license 952 fee, the admission tax, the tax on handle, and the breaks tax. 953 Such payments shall be remitted by 3 p.m. Wednesday of each week 954 for taxes imposed and collected for the preceding week ending on 955 Sunday. Beginning on July 1, 2012, such payments shall be 956 remitted by 3 p.m. on the 5th day of each calendar month for 957

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 34 of 140 CODING: Words stricken are deletions; words underlined are additions. taxes imposed and collected for the preceding calendar month. If 958 the 5th day of the calendar month falls on a weekend, payments 959 shall be remitted by 3 p.m. the first Monday following the 960 weekend. Permitholders shall file a report under oath by the 5th 961 day of each calendar month for all taxes remitted during the 962 preceding calendar month.

Such payments shall be accompanied by 963 a report under oath showing the total of all admissions, the 964 pari-mutuel wagering activities for the preceding calendar 965 month, and such other information as may be prescribed by the 966 commission division. 967

(6) PENALTIES.— 968 (

a) The failure of any permitholder to make payments as 969 prescribed in subsection (5) is a violation of this section, and 970 the permitholder may be subjected by the commission division to 971 a civil penalty of up to $1,000 for each day the tax payment is 972 not remitted. All penalties imposed and collected shall be 973 deposited in the General Revenue Fund. If a permitholder fails 974 to pay penalties imposed by order of the commission division 975 under this subsection, the commission division may suspend or 976 revoke the license of the permitholder, cancel the permit of the 977 permitholder, or deny issuance of any further license or permit 978 to the permitholder. 979 (

b) In addition to the civil penalty prescribed in 980 paragraph (a), any willful or wanton failure by any permitholder 981 to make payments of the daily license fee, admission tax, tax on 982 handle, or breaks tax constitutes sufficient grounds for the 983 commission division to suspend or revoke the license of the 984 permitholder, to cancel the permit of the permitholder, or to 985 deny issuance of any further license or permit to the 986

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 35 of 140 CODING: Words stricken are deletions; words underlined are additions. permitholder. 987

Section 16. Paragraphs (b), (c), (d), and (

e) of subsection 988 (2) and paragraph (

a) of subsection (3) of

section 550.09511, 989 Florida Statutes, are amended to read: 990 550.09511 Jai alai taxes; abandoned interest in a permit 991 for nonpayment of taxes.— 992

(2) Notwithstanding the provisions of s. 550.0951(3)(b), 993 wagering on live jai alai performances shall be subject to the 994 following taxes: 995 (

b) At such time as the total of admissions tax, daily 996 license fee, and tax on handle for live jai alai performances 997 paid to the commission division by a permitholder during the 998 current state fiscal year exceeds the total state tax revenues 999 from wagering on live jai alai performances paid or due by the 1000 permitholder in fiscal year 1991-1992, the permitholder shall 1001 pay tax on handle for live jai alai performances at a rate of 1002 2.55 percent of the handle per performance for the remainder of 1003 the current state fiscal year.

For purposes of this section, 1004 total state tax revenues on live jai alai wagering in fiscal 1005 year 1991-1992 shall include any admissions tax, tax on handle, 1006 surtaxes on handle, and daily license fees. 1007 (

c) If no tax on handle for live jai alai performances were 1008 paid to the commission division by a jai alai permitholder 1009 during the 1991-1992 state fiscal year, then at such time as the 1010 total of admissions tax, daily license fee, and tax on handle 1011 for live jai alai performances paid to the commission division 1012 by a permitholder during the current state fiscal year exceeds 1013 the total state tax revenues from wagering on live jai alai 1014 performances paid or due by the permitholder in the last state 1015

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 36 of 140 CODING: Words stricken are deletions; words underlined are additions. fiscal year in which the permitholder conducted a full

schedule 1016 of live games, the permitholder shall pay tax on handle for live 1017 jai alai performances at a rate of 3.3 percent of the handle per 1018 performance for the remainder of the current state fiscal year. 1019 For purposes of this section, total state tax revenues on live 1020 jai alai wagering shall include any admissions tax, tax on 1021 handle, surtaxes on handle, and daily license fees. This 1022 paragraph shall take effect July 1, 1993. 1023 (

d) A permitholder who obtains a new permit issued by the 1024 commission division subsequent to the 1991-1992 state fiscal 1025 year and a permitholder whose permit has been converted to a jai 1026 alai permit under the provisions of this chapter, shall, at such 1027 time as the total of admissions tax, daily license fee, a nd tax 1028 on handle for live jai alai performances paid to the commission 1029 division by the permitholder during the current state fiscal 1030 year exceeds the average total state tax revenues from wagering 1031 on live jai alai performances for the first 3 consecutive ja i 1032 alai seasons paid to or due the commission division by the 1033 permitholder and during which the permitholder conducted a full 1034

schedule of live games, pay tax on handle for live jai alai 1035 performances at a rate of 3.3 percent of the handle per 1036 performance for the remainder of the current state fiscal year. 1037 (

e) The payment of taxes pursuant to paragraphs (b), (c), 1038 and (

d) shall be calculated and commence beginning the day in 1039 which the permitholder is first entitled to the reduced rate 1040 specified in this

section and the report of taxes required by s. 1041 550.0951(5) is submitted to the commission division. 1042 (3)(

a) Notwithstanding the provisions of subsection (2) and 1043 s. 550.0951(3)(c)1., any jai alai permitholder which is 1044

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 37 of 140 CODING: Words stricken are deletions; words underlined are additions. restricted under Florida law from operating live performances on 1045 a year-round basis is entitled to conduct wagering on live 1046 performances at a tax rate of 3.85 percent of live handle.

Such 1047 permitholder is also entitled to conduct intertrack wagering as 1048 a host permitholder on live jai alai games at its fr onton at a 1049 tax rate of 3.3 percent of handle at such time as the total tax 1050 on intertrack handle paid to the commission division by the 1051 permitholder during the current state fiscal year exceeds the 1052 total tax on intertrack handle paid to the former Division of 1053 Pari-mutuel Wagering by the permitholder during the 1992-1993 1054 state fiscal year. 1055

Section 17. Paragraph (

b) of subsection (3) of

section 1056 550.09512, Florida Statutes, is amended to read: 1057 550.09512 Harness horse taxes; abandoned interest in a 1058 permit for nonpayment of taxes.— 1059 (3) 1060 (

b) In order to maximize the tax revenues to the state, the 1061 commission division shall reissue an escheated harness horse 1062 permit to a qualified applicant pursuant to the provisions of 1063 this

chapter as for the issuance of an initial permit. However, 1064 the provisions of this

chapter relating to referendum 1065 requirements for a pari-mutuel permit shall not apply to the 1066 reissuance of an escheated harness horse permit. As specified in 1067 the application and upon approval by the commission division of 1068 an application for the permit, the new permitholder shall be 1069 authorized to operate a harness horse facility anywhere in the 1070 same county in which the escheated permit was authorized to be 1071 operated, notwithstanding the provisions of s. 550.054(2) 1072 relating to mileage limitations. 1073

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 38 of 140 CODING: Words stricken are deletions; words underlined are additions.

Section 18. Paragraphs (a), (b), (d), (e), and (

f) of 1074 subsection (2) of

section 550.09514, Florida Statutes, are 1075 amended to read: 1076 550.09514 Greyhound dogracing taxes; purse requirements.— 1077 (2)(

a) The commission division shall determine for each 1078 greyhound permitholder the annual purse percentage rate of live 1079 handle for the state fiscal year 1993-1994 by dividing total 1080 purses paid on live handle by the permitholder, exclusive of 1081 payments made from outside sources, during the 1993 -1994 state 1082 fiscal year by the permitholder’s live handle for the 1993 -1994 1083 state fiscal year.

Each permitholder shall pay as purses for 1084 live races conducted during its current race meet a percentage 1085 of its live handle not less than the percentage determined under 1086 this paragraph, exclusive of payments made by outside sources, 1087 for its 1993-1994 state fiscal year. 1088 (

b) Except as otherwise set forth herein, in addition to 1089 the minimum purse percentage required by paragraph (a), each 1090 permitholder shall pay as purses an annual amount equal to 75 1091 percent of the daily license fees paid by each permitholder for 1092 the 1994-1995 fiscal year.

This purse supplement shall be 1093 disbursed weekly during the permitholder’s race meet in an 1094 amount determined by dividing the annual purse supplement by the 1095 number of performances approved for the permitholder pursuant to 1096 its annual license and multiplying that amount by the number of 1097 performances conducted each week.

For the greyhound 1098 permitholders in the county where there are two greyhound 1099 permitholders located as specified in s. 550.615(6), such 1100 permitholders shall pay in the aggregate an amount equal to 75 1101 percent of the daily license fees paid by such permitholders for 1102

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 39 of 140 CODING: Words stricken are deletions; words underlined are additions. the 1994-1995 fiscal year. These permitholders shall be jointly 1103 and severally liable for such purse payments. The additional 1104 purses provided by this paragraph must be used exclusively for 1105 purses other than stakes. The commission division shall conduct 1106 audits necessary to ensure compliance with this section. 1107 (

d) The commission division shall require sufficient 1108 documentation from each greyhound permitholder regarding purses 1109 paid on live racing to assure that the annual purse percentage 1110 rates paid by each permitholder on the live races are not 1111 reduced below those paid during the 1993-1994 state fiscal year. 1112 The commission division shall require sufficient documentation 1113 from each greyhound permitholder to assure that the purses paid 1114 by each permitholder on the greyhound intertrack and simulcast 1115 broadcasts are in compliance with the requirements of paragraph 1116 (c). 1117 (

e) In addition to the purse requirements of paragraphs 1118 (a)-(c), each greyhound permitholder shall pay as purses an 1119 amount equal to one-third of the amount of the tax reduction on 1120 live and simulcast handle applicable to such permitholder as a 1121 result of the reductions in tax rates provided by this act 1122 through the amendments to s. 550.0951(3).

With respect to 1123 intertrack wagering when the host and guest tracks are greyhound 1124 permitholders not within the same market area, an amount equal 1125 to the tax reduction applicable to the guest track handle as a 1126 result of the reduction in tax rate provided by this act through 1127 the amendment to s. 550.0951(3) shall be distributed to the 1128 guest track, one-third of which amount shall be paid as purses 1129 at the guest track. However, if the guest track is a greyhound 1130 permitholder within the market area of the host or if the guest 1131

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 40 of 140 CODING: Words stricken are deletions; words underlined are additions. track is not a greyhound permitholder, an amount equal to such 1132 tax reduction applicable to the guest track handle shall be 1133 retained by the host track, one-third of which amount shall be 1134 paid as purses at the host track. These purse funds shall be 1135 disbursed in the week received if the permitholder conducts at 1136 least one live performance during that week.

If the permitholder 1137 does not conduct at least one live performance during the week 1138 in which the purse funds are received, the purse funds shall be 1139 disbursed weekly during the permitholder’s next race meet in an 1140 amount determined by dividing the purse amount by the number of 1141 performances approved for the permitholder pursuant to its 1142 annual license, and multiplying that amount by th e number of 1143 performances conducted each week. The commission division shall 1144 conduct audits necessary to ensure compliance with this 1145 paragraph. 1146 (

f) Each greyhound permitholder shall, during the 1147 permitholder’s race meet, supply kennel operators and the 1148 commission Division of Pari-Mutuel Wagering with a weekly report 1149 showing purses paid on live greyhound races and all greyhound 1150 intertrack and simulcast broadcasts, including both as a guest 1151 and a host together with the handle or commission calculations 1152 on which such purses were paid and the transmission costs of 1153 sending the simulcast or intertrack broadcasts, so that the 1154 kennel operators may determine statutory and contractual 1155 compliance. 1156

Section 19. Paragraph (

b) of subsection (3) of

section 1157 550.09515, Florida Statutes, is amended to read: 1158 550.09515 Thoroughbred horse taxes; abandoned interest in a 1159 permit for nonpayment of taxes.— 1160

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 41 of 140 CODING: Words stricken are deletions; words underlined are additions. (3) 1161 (

b) In order to maximize the tax revenues to the state, the 1162 commission division shall reissue an escheated thoroughbred 1163 horse permit to a qualified applicant pursuant to the provisions 1164 of this

chapter as for the issuance of an initial permit. 1165 However, the provisions of this

chapter relating to referendum 1166 requirements for a pari-mutuel permit shall not apply to the 1167 reissuance of an escheated thoroughbred horse permit. As 1168 specified in the application and upon approval by the commission 1169 division of an application for the permit, the new permitholder 1170 shall be authorized to operate a thoroughbred horse facility 1171 anywhere in the same county in which the escheated permit was 1172 authorized to be operated, notwithstanding the provisions of s. 1173 550.054(2) relating to mileage limitations. 1174

Section 20. Subsection (1), paragraph (

b) of subsection 1175 (2), paragraphs (a), (b), (c), (e), and (

f) of subsec tion (5), 1176 subsections (6), (7), and (8), and paragraphs (a), (c), and (d) 1177 of subsection (10) of

section 550.105, Florida Statutes, are 1178 amended to read: 1179 550.105 Occupational licenses of racetrack employees; fees; 1180 denial, suspension, and revocation of license; penalties and 1181 fines.— 1182

(1) Each person connected with a racetrack or jai alai 1183 fronton, as specified in paragraph (2)(a), shall purchase from 1184 the commission division an occupational license. All moneys 1185 collected pursuant to this

section each fiscal year s hall be 1186 deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to 1187 the rules adopted by the commission division, an occupational 1188 license may be valid for a period of up to 3 years for a fee 1189

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 42 of 140 CODING: Words stricken are deletions; words underlined are additions. that does not exceed the full occupational license fee for ea ch 1190 of the years for which the license is purchased. The 1191 occupational license shall be valid during its specified term at 1192 any pari-mutuel facility. 1193 (2) 1194 (

b) The commission division shall adopt rules pertaining to 1195 pari-mutuel occupational licenses, licensing periods, and 1196 renewal cycles. 1197 (5)(

a) The commission division may: 1198 1. Deny a license to or revoke, suspend, or place 1199 conditions upon or restrictions on a license of any person who 1200 has been refused a license by any other state racing commission 1201 or racing authority; 1202 2. Deny, suspend, or place conditions on a license of any 1203 person who is under suspension or has unpaid fines in another 1204 jurisdiction; 1205 1206 if the state racing commission or racing authority of such other 1207 state or jurisdiction extends to the commission division 1208 reciprocal courtesy to maintain the disciplinary control. 1209 (

b) The commission division may deny, suspend, revoke, or 1210 declare ineligible any occupational license if the applicant for 1211 or holder thereof has violated the provisions of this

chapter or 1212 the rules of the commission division governing the conduct of 1213 persons connected with racetracks and frontons. In addition, the 1214 commission division may deny, suspend, revoke, or declare 1215 ineligible any occupational license if the applicant for such 1216 license has been convicted in this state, in any other state, or 1217 under the laws of the United States of a capital felony, a 1218

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 43 of 140 CODING: Words stricken are deletions; words underlined are additions. felony, or an offense in any other state which would be a felony 1219 under the laws of this state involving arson; trafficking in, 1220 conspiracy to traffic in, smuggling, importing, conspiracy to 1221 smuggle or import, or delivery, sale, or distribution of a 1222 controlled substance; or a crime involving a lack of good moral 1223 character, or has had a pari-mutuel license revoked by this 1224 state or any other jurisdiction for an offense related to pari-1225 mutuel wagering. 1226 (

c) The commission division may deny, declare ineligible, 1227 or revoke any occupational license if the applicant for such 1228 license has been convicted of a felony or misdemeanor in this 1229 state, in any other state, or under the laws of the United 1230 States, if such felony or misdemeanor is related to gambling or 1231 bookmaking, as contemplated in s. 849.25, or involves cruelty to 1232 animals.

If the applicant establishes that she or he is of good 1233 moral character, that she or he has been rehabilitated, and that 1234 the crime she or he was convicted of is not related to pari-1235 mutuel wagering and is not a capital offense, the restrictions 1236 excluding offenders may be waived by the director of the 1237 commission division. 1238 (

e) If an occupational license will expire by commission 1239 division rule during the period of a suspension the commission 1240 division intends to impose, or if a license would have expired 1241 but for pending administrative charges and the occupational 1242 licensee is found to be in violation of any of the charges, the 1243 license may be revoked and a time period of license 1244 ineligibility may be declared. The commission division may bring 1245 administrative charges against any person not holding a current 1246 license for violations of statutes or rules which occurred while 1247

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 44 of 140 CODING: Words stricken are deletions; words underlined are additions. such person held an occupational license, and the commission 1248 division may declare such person ineligible to hold a license 1249 for a period of time. The commission division may impose a civil 1250 fine of up to $1,000 for each violation of the rules of the 1251 commission division in addition to or in lieu of any other 1252 penalty provided for in this section.

In addition to any other 1253 penalty provided by law, the commission division may exclude 1254 from all pari-mutuel facilities in this state, for a period not 1255 to exceed the period of suspension, revocation, or 1256 ineligibility, any person whose occupational license application 1257 has been denied by the commission division, who has been 1258 declared ineligible to hold an occupational license, or whose 1259 occupational license has been suspended or revoked by the 1260 commission division. 1261 (

f) The commission division may cancel any occupational 1262 license that has been voluntarily relinquished by the licensee. 1263

(6) In order to promote the orderly presentation of pari -1264 mutuel meets authorized in this chapter, the commission division 1265 may issue a temporary occupational license. The commission 1266 division shall adopt rules to implement this subsection. 1267 However, no temporary occupational license shall be valid for 1268 more than 90 days, and no more than one temporary license may be 1269 issued for any person in any year. 1270

(7) The commission division may deny, revoke, or suspend 1271 any occupational license if the applicant therefor or holder 1272 thereof accumulates unpaid obligations or defaults in 1273 obligations, or issues drafts or checks that are dishonored or 1274 for which payment is refused without reasonable cause, if such 1275 unpaid obligations, defaults, or dishonored or refused drafts or 1276

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 45 of 140 CODING: Words stricken are deletions; words underlined are additions. checks directly relate to the sport of jai alai or racing being 1277 conducted at a pari-mutuel facility within this state. 1278

(8) The commission division may fine, or suspend or revoke, 1279 or place conditions upon, the license of any licensee who under 1280 oath knowingly provides false information regarding an 1281 investigation by the commission division. 1282 (10)(

a) Upon application for an occupational license, the 1283 commission division may require the applicant’s full legal name; 1284 any nickname, alias, or maiden name for the applicant; name of 1285 the applicant’s spouse; the applicant’s date of birth, residence 1286 address, mailing address, residence address and business phone 1287 number, and social security number; disclosure of any felony or 1288 any conviction involving bookmaking, illegal gambling, or 1289 cruelty to animals; disclosure of any past or present 1290 enforcement or actions by any racing or gaming agency against 1291 the applicant; and any information the commission division 1292 determines is necessary to establish the identity of the 1293 applicant or to establish that the applicant is of good moral 1294 character.

Fingerprints shall be taken in a manner approved by 1295 the commission division and then shall be submitted to the 1296 Federal Bureau of Investigation, or to the association of state 1297 officials regulating pari-mutuel wagering pursuant to the 1298 Federal Pari-mutuel Licensing Simplification Act of 1988. The 1299 cost of processing fingerprints shall be borne by the appli cant 1300 and paid to the association of state officials regulating pari -1301 mutuel wagering from the trust fund to which the processing fees 1302 are deposited.

The commission division, by rule, may require 1303 additional information from licensees which is reasonably 1304 necessary to regulate the industry. The commission division may, 1305

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 46 of 140 CODING: Words stricken are deletions; words underlined are additions. by rule, exempt certain occupations or groups of persons from 1306 the fingerprinting requirements. 1307 (

c) The Department of Law Enforcement shall search all 1308 arrest fingerprints received pursuant to s. 943.051 against the 1309 fingerprints retained in the statewide automated biometric 1310 identification system under paragraph (b). Any arrest record 1311 that is identified with the retained fingerprints of a person 1312 subject to the criminal history screening requirements of this 1313

section shall be reported to the commission division. Each 1314 licensee shall pay a fee to the commission division for the cost 1315 of retention of the fingerprints and the ongoing searches under 1316 this paragraph. The commission division shall forward the 1317 payment to the Department of Law Enforcement. The amount of the 1318 fee to be imposed for performing these searches and the 1319 procedures for the retention of licensee fingerprints shall be 1320 as established by rule of the Department of Law Enforc ement.

The 1321 commission division shall inform the Department of Law 1322 Enforcement of any change in the license status of licensees 1323 whose fingerprints are retained under paragraph (b). 1324 (

d) The commission division shall request the Department of 1325 Law Enforcement to forward the fingerprints to the Federal 1326 Bureau of Investigation for a national criminal history records 1327 check at least once every 5 years following issuance of a 1328 license. If the fingerprints of a person who is licensed have 1329 not been retained by the Department of Law Enforcement, the 1330 person must file a complete set of fingerprints as provided in 1331 paragraph (a). The commission division shall collect the fees 1332 for the cost of the national criminal history records check 1333 under this paragraph and forward the payment to the Department 1334

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 47 of 140 CODING: Words stricken are deletions; words underlined are additions. of Law Enforcement. The cost of processing fingerprints and 1335 conducting a criminal history records check under this paragraph 1336 for a general occupational license shall be borne by the 1337 applicant. The cost of processing fingerprints and conducting a 1338 criminal history records check under this paragraph for a 1339 business or professional occupational license shall be borne by 1340 the person being checked.

The Department of Law Enforcement may 1341 invoice the commission division for the fingerprints submitted 1342 each month. Under penalty of perjury, each person who is 1343 licensed or who is fingerprinted as required by this

section 1344 must agree to inform the commission division within 48 hours if 1345 he or she is convicted of or has entered a plea of guilty or 1346 nolo contendere to any disqualifying offense, regardless of 1347 adjudication. 1348

Section 21. Subsection (1) of

section 550.1155, Florida 1349 Statutes, is amended to read: 1350 550.1155 Authority of stewards, judges, panel of judges, or 1351 player’s manager to impose penalties against occupational 1352 licensees; disposition of funds collected.— 1353

(1) The stewards at a horse racetrack or the judges, a 1354 panel of judges, or a player’s manager at a jai alai fronton may 1355 impose a civil penalty against any occupational licensee for 1356 violation of the pari-mutuel laws or any rule adopted by the 1357 commission division. The penalty may not exceed $1,000 for each 1358 count or separate offense or exceed 60 days of suspension for 1359 each count or separate offense. 1360

Section 22. Subsection (2) and paragraph (

a) of subsection 1361 (3) of

section 550.125, Florida Statutes, are amended to read: 1362 550.125 Uniform reporting system; bond requirement.— 1363

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 48 of 140 CODING: Words stricken are deletions; words underlined are additions. (2)(

a) Each permitholder that conducts race meetings or jai 1364 alai exhibitions under this

chapter shall keep records that 1365 clearly show the total number of admissions and the total amount 1366 of money contributed to each pari-mutuel pool on each race or 1367 exhibition separately and the amount of money received daily 1368 from admission fees and, within 120 days after the end of its 1369 fiscal year, shall submit to the commission division a complete 1370 annual report of its accounts, audited by a certified public 1371 accountant licensed to practice in the state. 1372 (

b) The commission division shall adopt rules specifying 1373 the form and content of such reports, including, but not limited 1374 to, requirements for a statement of assets and liabilities, 1375 operating revenues and expenses, and net worth, which statement 1376 must be audited by a certified public accountant licensed to 1377 practice in this state, and any supporting informa tional 1378

schedule found necessary by the commission division to verify 1379 the foregoing financial statement, which informational

schedule 1380 must be attested to under oath by the permitholder or an officer 1381 of record, to permit the commission division to: 1382 1. Assess the profitability and financial soundness of 1383 permitholders, both individually and as an industry; 1384 2. Plan and recommend measures necessary to preserve and 1385 protect the pari-mutuel revenues of the state; and 1386 3. Completely identify the holdings, transactions, and 1387 investments of permitholders with other business entities. 1388 (

c) The Auditor General and the Office of Program Policy 1389 Analysis and Government Accountability may, pursuant to their 1390 own authority or at the direction of the Legislative Auditing 1391 Committee, audit, examine, and check the books and records of 1392

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 49 of 140 CODING: Words stricken are deletions; words underlined are additions. any permitholder. These audit reports shall become part of, and 1393 be maintained in, the commission division files. 1394 (

d) The commission division shall annually review the books 1395 and records of each permitholder and verify that the breaks and 1396 unclaimed ticket payments made by each permitholder are true and 1397 correct. 1398 (3)(

a) Each permitholder to which a license is granted 1399 under this chapter, at its own cost and expense, must, before 1400 the license is delivered, give a bond in the penal sum of 1401 $50,000 payable to the Governor of the state and her or his 1402 successors in office, with a surety or sureties to be approved 1403 by the commission division and the Chief Financial Officer, 1404 conditioned to faithfully make the payments to the Chief 1405 Financial Officer in her or his capacity as treasurer of the 1406 commission division; to keep its books and records and make 1407 reports as provided; and to conduct its racing in conformity 1408 with this chapter.

When the greatest amount of tax owed during 1409 any month in the prior state fiscal year, in which a full 1410

schedule of live racing was conducted, is less than $50,000, the 1411 commission division may assess a bond in a sum less than 1412 $50,000. The commission division may review the bond for 1413 adequacy and require adjustments each fiscal year. The 1414 commission division has the authority to adopt rules to 1415 implement this paragraph and establish guidelines for such 1416 bonds. 1417

Section 23. Subsection (1) of

section 550.155, Florida 1418 Statutes, is amended to read: 1419 550.155 Pari-mutuel pool within track enclosure; takeouts; 1420 breaks; penalty for purchasing part of a pari-mutuel pool for or 1421

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 50 of 140 CODING: Words stricken are deletions; words underlined are additions. through another in specified circumstances.— 1422

(1) Wagering on the results of a horserace, dograce, or on 1423 the scores or points of a jai alai game and the sale of tickets 1424 or other evidences showing an interest in or a contribution to a 1425 pari-mutuel pool are allowed within the enclosure of any pari -1426 mutuel facility licensed and conducted under this

chapter but 1427 are not allowed elsewhere in this state, must be supervised by 1428 the commission division, and are subject to such reasonable 1429 rules that the commission division prescribes. 1430

Section

Section 550.175, Florida Statutes, is amended 1431 to read: 1432 550.175 Petition for election to revoke permit.—Upon 1433 petition of 20 percent of the qualified electors of any county 1434 wherein any pari-mutuel wagering has been licensed and conducted 1435 under this chapter, the county commissioners of such county 1436 shall provide for the submission to the electors of such county 1437 at the then next succeeding general election the question of 1438 whether any permit or permits theretofore granted shall be 1439 continued or revoked, and if a majority of the electors voting 1440 on such question in such election vote to cancel or recall the 1441 permit theretofore given, the commission division may not 1442 thereafter grant any license on the permit so recalled.

Every 1443 signature upon every recall petition must be signed in the 1444 presence of the clerk of the board of county commissioners at 1445 the office of the clerk of the circuit court of the county, and 1446 the petitioner must present at the time of such signing her or 1447 his registration receipt showing the petitioner’s qualification 1448 as an elector of the county at the time of the signing of the 1449 petition. Not more than one permit may be included in any one 1450

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 51 of 140 CODING: Words stricken are deletions; words underlined are additions. petition; and, in all elections in which the recall of more than 1451 one permit is voted on, the voters shall be given an opportunity 1452 to vote for or against the recall of each permit separately. 1453 Nothing in this

chapter shall be construed to prevent the 1454 holding of later referendum or recall elections. 1455

Section 25. Subsections (1), (3), and (5) of

section 1456 550.1815, Florida Statutes, are amended to read: 1457 550.1815 Certain persons prohibited from holding racing or 1458 jai alai permits; suspension and revocation.— 1459

(1) A corporation, general or limited partnership, sole 1460 proprietorship, business trust, joint venture, or unincorporated 1461 association, or other business entity may not hold any 1462 horseracing or greyhound permit or jai alai fronton permit in 1463 this state if any one of the persons or entities specified in 1464 paragraph (

a) has been determined by the commission division not 1465 to be of good moral character or has been convicted of any 1466 offense specified in paragraph (b). 1467 (a)1. The permitholder; 1468 2. An employee of the permitholder; 1469 3. The sole proprietor of the permitholder; 1470 4. A corporate officer or director of the permitholder; 1471 5. A general partner of the permitholder; 1472 6. A trustee of the permitholder; 1473 7. A member of an unincorporated association permitholder; 1474 8. A joint venturer of the permitholder; 1475 9.

The owner of more than 5 percent of any equity interest 1476 in the permitholder, whether as a common shareholder, general or 1477 limited partner, voting trustee, or trust beneficiary; or 1478 10. An owner of any interest in the permit or permitholder, 1479

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 52 of 140 CODING: Words stricken are deletions; words underlined are additions. including any immediate family member of the owner, or holder of 1480 any debt, mortgage, contract, or concession from the 1481 permitholder, who by virtue thereof is able to control the 1482 business of the permitholder. 1483 (b)1. A felony in this state; 1484 2. Any felony in any other state which would be a felony if 1485 committed in this state under the laws of this state; 1486 3. Any felony under the laws of the United States; 1487 4.

A felony under the laws of another state if related to 1488 gambling which would be a felony under the laws of this state if 1489 committed in this state; or 1490 5. Bookmaking as defined in s. 849.25. 1491

(3) After notice and hearing, the commission division shall 1492 refuse to issue or renew or shall suspend, as appropriate, any 1493 permit found in violation of subsection (1).

The order shall 1494 become effective 120 days after service of the order upon the 1495 permitholder and shall be amended to constitute a final order of 1496 revocation unless the permitholder has, within that period of 1497 time, either caused the divestiture, or agreed with the 1498 convicted person upon a complete immediate divestiture, of her 1499 or his holding, or has petitioned the circuit court as provided 1500 in subsection (4) or, in the case of corporate officers or 1501 directors of the holder or employees of the holder, has 1502 terminated the relationship between the permitholder and those 1503 persons mentioned.

The commission division may, by order, extend 1504 the 120-day period for divestiture, upon good cause shown, to 1505 avoid interruption of any jai alai or race meeting or to 1506 otherwise effectuate this section. If no action has been taken 1507 by the permitholder within the 120-day period following the 1508

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 53 of 140 CODING: Words stricken are deletions; words underlined are additions. issuance of the order of suspension, the commission division 1509 shall, without further notice or hearing, enter a final order of 1510 revocation of the permit.

When any permitholder or sole 1511 proprietor of a permitholder is convicted of an offense 1512 specified in paragraph (1)(b), the commission department may 1513 approve a transfer of the permit to a qualified applicant, upon 1514 a finding that revocation of the permit would impair the state’s 1515 revenue from the operation of the permit or otherwise be 1516 detrimental to the interests of the state in the regulation of 1517 the industry of pari-mutuel wagering. In such approval, no 1518 public referendum is required, notwithstanding any other 1519 provision of law.

A petition for transfer after conviction must 1520 be filed with the commission department within 30 days after 1521 service upon the permitholder of the final order of revocation. 1522 The timely filing of such a petition automatically stays any 1523 revocation order until further order of the commission 1524 department. 1525

(5) The commission division shall make such rules for the 1526 photographing, fingerprinting, and obtaining of pers onal data of 1527 individuals described in paragraph (1)(

a) and the obtaining of 1528 such data regarding the business entities described in paragraph 1529 (1)(

a) as is necessary to effectuate the provisions of this 1530 section. 1531

Section 26. Paragraph (

a) of subsection (2), paragraph (c) 1532 of subsection (3), and subsection (6) of

section 550.24055, 1533 Florida Statutes, are amended to read: 1534 550.24055 Use of controlled substances or alcohol 1535 prohibited; testing of certain occupational licensees; penalty; 1536 evidence of test or action taken and admissibility for criminal 1537

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 54 of 140 CODING: Words stricken are deletions; words underlined are additions. prosecution limited.— 1538

(2) The occupational licensees, by applying for and holding 1539 such licenses, are deemed to have given their consents to submit 1540 to an approved chemical test of their breath for the purpose of 1541 determining the alcoholic content of their blood and to a urine 1542 or blood test for the purpose of detecting the presence of 1543 controlled substances. Such tests shall only be conducted upon 1544 reasonable cause that a violation has occurred as shall be 1545 determined solely by the stewards at a horseracing meeting or 1546 the judges or board of judges at a jai alai meet.

The failure to 1547 submit to such test may result in a suspension of the person’s 1548 occupational license for a period of 10 days or until this 1549

section has been complied with, whichever is longer. 1550 (

a) If there was at the time of the test 0.05 percent or 1551 less by weight of alcohol in the person’s blood, the person is 1552 presumed not to have been under the influence of alcoholic 1553 beverages to the extent that the person’s normal fa culties were 1554 impaired, and no action of any sort may be taken by the 1555 stewards, judges, or board of judges or the commission division. 1556 1557 All tests relating to alcohol must be performed in a manner 1558 substantially similar, or identical, to the provisions of s. 1559 316.1934 and rules adopted pursuant to that section. Following a 1560 test of the urine or blood to determine the presence of a 1561 controlled substance as defined in

chapter 893, if a controlled 1562 substance is found to exist, the stewards, judges, or board of 1563 judges may take such action as is permitted in this section. 1564

(3) A violation of subsection (2) is subject to the 1565 following penalties: 1566

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 55 of 140 CODING: Words stricken are deletions; words underlined are additions. (

c) If the second violation occurred within 1 year after 1567 the first violation, then upon the finding of a third violation 1568 of this

section within 1 year after the second violation, the 1569 stewards, judges, or board of judges may suspend the licensee 1570 for up to 120 days; and the stewards, judges, or board of judges 1571 shall forward the results of the tests under paragraphs (

a) and 1572 (

b) and this violation to the commission division. In addition 1573 to the action taken by the stewards, judges, or board of judges, 1574 the commission division, after a hearing, may deny, suspend, or 1575 revoke the occupational license of the licensee and may impose a 1576 civil penalty of up to $5,000 in addition to, or in lieu of, a 1577 suspension or revocation, it being the intent of the Legislature 1578 that the commission division shall have no authority over the 1579 enforcement of this

section until a licensee has committed the 1580 third violation within 2 years after the first violation. 1581

(6) Evidence of any test or actions taken by the stewards, 1582 judges, or board of judges or the commission division under this 1583

section is inadmissible for any purpose in any court for 1584 criminal prosecution, it being the intent of the Legislature to 1585 provide a method and means by which the health, safety, and 1586 welfare of those officiating at or participating in a race meet 1587 or a jai alai game are sufficiently protected. However, this 1588 subsection does not prohibit any person so authorized from 1589 pursuing an independent investigation as a result of a ruling 1590 made by the stewards, judges, or board of judges, or the 1591 commission division. 1592

Section 27. Paragraphs (

a) and (

b) of subsection (1), 1593 subsection (2), paragraphs (a), (b), and (

c) of subsection (3), 1594 subsection (5), paragraphs (

b) and (

c) of subsection (6), 1595

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 56 of 140 CODING: Words stricken are deletions; words underlined are additions. paragraphs (a), (b), (c), (d), and (

e) of subsection (7), and 1596 subsections (9), (10), (11), and (12) of

section 550.2415, 1597 Florida Statutes, are amended to read: 1598 550.2415 Racing of animals under certain conditions 1599 prohibited; penalties; exceptions.— 1600 (1)(

a) The racing of an animal that has been impermissibly 1601 medicated or determined to have a prohibited substance present 1602 is prohibited. It is a violation of this

section for a person to 1603 impermissibly medicate an animal or for an animal to have a 1604 prohibited substance present resulting in a positive test f or 1605 such medications or substances based on samples taken from the 1606 animal before or immediately after the racing of that animal. 1607 Test results and the identities of the animals being tested and 1608 of their trainers and owners of record are confidential and 1609 exempt from s. 119.07(1) and from s. 24(a), Art.

I of the State 1610 Constitution for 10 days after testing of all samples collected 1611 on a particular day has been completed and any positive test 1612 results derived from such samples have been reported to the 1613 director of the commission division or administrative action has 1614 been commenced. 1615 (

b) It is a violation of this

section for a race-day 1616 specimen to contain a level of a naturally occurring substance 1617 which exceeds normal physiological concentrations. The 1618 commission division may solicit input from the Department of 1619 Agriculture and Consumer Services and adopt rules that specify 1620 normal physiological concentrations of naturally occurring 1621 substances in the natural untreated animal and rules that 1622 specify acceptable levels of environmental contaminants and 1623 trace levels of substances in test samples. 1624

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 57 of 140 CODING: Words stricken are deletions; words underlined are additions.

(2) Administrative action may be taken by the commission 1625 division against an occupational licensee responsible pursuant 1626 to rule of the commission division for the condition of an 1627 animal that has been impermissibly medicated or drugged in 1628 violation of this section. 1629 (3)(

a) Upon the finding of a violation of this section, the 1630 commission division may revoke or suspend the license or permit 1631 of the violator or deny a license or permit to th e violator; 1632 impose a fine against the violator in an amount not exceeding 1633 the purse or sweepstakes earned by the animal in the race at 1634 issue or $10,000, whichever is greater; require the full or 1635 partial return of the purse, sweepstakes, and trophy of the r ace 1636 at issue; or impose against the violator any combination of such 1637 penalties. The finding of a violation of this

section does not 1638 prohibit a prosecution for criminal acts committed. 1639 (

b) The commission division, notwithstanding

chapter 120, 1640 may summarily suspend the license of an occupational licensee 1641 responsible under this

section or commission division rule for 1642 the condition of a race animal if the commission division 1643 laboratory reports the presence of a prohibited substance in the 1644 animal or its blood, urine, saliva, or any other bodily fluid, 1645 either before a race in which the animal is entered or after a 1646 race the animal has run. 1647 (

c) If an occupational licensee is summarily suspended 1648 under this section, the commission division shall offer the 1649 licensee a prompt postsuspension hearing within 72 hours, at 1650 which the commission division shall produce the laboratory 1651 report and documentation which, on its face, establishes the 1652 responsibility of the occupational licensee. Upon production of 1653

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 58 of 140 CODING: Words stricken are deletions; words underlined are additions. the documentation, the occupational licensee has the burden of 1654 proving his or her lack of responsibility. 1655

(5) The commission division shall implement a split-sample 1656 procedure for testing animals under this section. 1657 (

a) The commission division shall notify the owner or 1658 trainer, the stewards, and the appropriate horsemen’s 1659 association of all drug test results. If a drug test result is 1660 positive, and upon request by the affected trainer or owner of 1661 the animal from which the sample was obtained, the commission 1662 division shall send the split sample to an approved independent 1663 laboratory for analysis. The commission division shall establish 1664 standards and rules for uniform enforcement and shall maintain a 1665 list of at least five approved independent laboratories for an 1666 owner or trainer to select from if a drug test result is 1667 positive. 1668 (

b) If the commission division laboratory’s findings are 1669 not confirmed by the independent laboratory, no further 1670 administrative or disciplinary action under this

section may be 1671 pursued. 1672 (

c) If the independent laboratory confirms the commission 1673 division laboratory’s positive result, the commission division 1674 may commence administrative proceedings as prescribed in this 1675

chapter and consistent with

chapter 120. For purposes of this 1676 subsection, the commission department shall in good faith 1677 attempt to obtain a sufficient quantity of the test fluid to 1678 allow both a primary test and a secondary test to be made. 1679 (

d) For the testing of a racehorse, if there is an 1680 insufficient quantity of the secondary (split) sample for 1681 confirmation of the commission division laboratory’s positive 1682

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 59 of 140 CODING: Words stricken are deletions; words underlined are additions. result, the commission division may not take further action on 1683 the matter against the owner or trainer, and any resulting 1684 license suspension must be immediately lifted. 1685 (

e) The commission division shall require its laboratory 1686 and the independent laboratories to annually participate in an 1687 externally administered quality assurance program designed to 1688 assess testing proficiency in the detection and appropriate 1689 quantification of medications, drugs, and naturally occurring 1690 substances that may be administered to racing animals. The 1691 administrator of the quality assurance program shall report its 1692 results and findings to the commission division and the 1693 Department of Agriculture and Consumer Services. 1694 (6) 1695 (

b) Any act committed by any licensee that would constitute 1696 cruelty to animals as defined in s. 828.02 involving any animal 1697 constitutes a violation of this chapter. Imposition of any 1698 penalty by the commission division for violation of this

chapter 1699 or any rule adopted by the commission division pursuant to this 1700

chapter shall not prohibit a criminal prosecution for cruelty to 1701 animals. 1702 (

c) The commission division may inspect any area at a pari-1703 mutuel facility where racing animals are raced, trained, housed, 1704 or maintained, including any areas where food, medications, or 1705 other supplies are kept, to ensure the humane treatment of 1706 racing animals and compliance with this

chapter and the rules of 1707 the commission division. 1708 (7)(

a) In order to protect the safety and welfare of racing 1709 animals and the integrity of the races in which the animals 1710 participate, the commission division shall adopt rules 1711

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 60 of 140 CODING: Words stricken are deletions; words underlined are additions. establishing the conditions of use and maximum concentrations of 1712 medications, drugs, and naturally occurring substances 1713 identified in the Controlled Therapeutic Medication Schedule, 1714 Version 2.1, revised April 17, 2014, adopted by the Association 1715 of Racing Commissioners International, Inc.

Controlled 1716 therapeutic medications include only the specific medications 1717 and concentrations allowed in biological samples which have been 1718 approved by the Association of Racing Commissioners 1719 International, Inc., as controlled therapeutic medications. 1720 (

b) The commission division rules must designate the 1721 appropriate biological specimens by which the adm inistration of 1722 medications, drugs, and naturally occurring substances is 1723 monitored and must determine the testing methodologies, 1724 including measurement uncertainties, for screening such 1725 specimens to confirm the presence of medications, drugs, and 1726 naturally occurring substances. 1727 (

c) The commission division rules must include a 1728 classification system for drugs and substances and a 1729 corresponding penalty

schedule for violations which incorporates 1730 the Uniform Classification Guidelines for Foreign Substances, 1731 Version 8.0, revised December 2014, by the Association of Racing 1732 Commissioners International, Inc. The commission division shall 1733 adopt laboratory screening limits approved by the Association of 1734 Racing Commissioners International, Inc., for drugs and 1735 medications that are not included as controlled therapeutic 1736 medications, the presence of which in a sample may result in a 1737 violation of this section. 1738 (

d) The commission division rules must include conditions 1739 for the use of furosemide to treat exercise-induced pulmonary 1740

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 61 of 140 CODING: Words stricken are deletions; words underlined are additions. hemorrhage. 1741 (

e) The commission division may solicit input from the 1742 Department of Agriculture and Consumer Services in adopting the 1743 rules required under this subsection. Such rules must be adopted 1744 before January 1, 2016. 1745 (9)(

a) The commission division may conduct a postmortem 1746 examination of any animal that is injured at a permitted 1747 racetrack while in training or in competition and that 1748 subsequently expires or is destroyed. The commission division 1749 may conduct a postmortem examination of any animal that exp ires 1750 while housed at a permitted racetrack, association compound, or 1751 licensed farm. Trainers and owners shall be requested to comply 1752 with this paragraph as a condition of licensure. 1753 (

b) The commission division may take possession of the 1754 animal upon death for postmortem examination. The commission 1755 division may submit blood, urine, other bodily fluid specimens, 1756 or other tissue specimens collected during a postmortem 1757 examination for testing by the commission division laboratory or 1758 its designee. Upon completion of the postmortem examination, the 1759 carcass must be returned to the owner or disposed of at the 1760 owner’s option. 1761

(10) The presence of a prohibited substance in an animal, 1762 found by the commission division laboratory in a bodily fluid 1763 specimen collected after the race or during the postmortem 1764 examination of the animal, which breaks down during a race 1765 constitutes a violation of this section. 1766

(11) The cost of postmortem examinations, testing, and 1767 disposal must be borne by the commission division. 1768

(12) The commission division shall adopt rules to implement 1769

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 62 of 140 CODING: Words stricken are deletions; words underlined are additions. this section. 1770

Section 28. Subsection (4) of

section 550.2614, Florida 1771 Statutes, is amended to read: 1772 550.2614 Distribution of certain funds to a horsemen’s 1773 association.— 1774

(4) The commission division shall adopt rules to facilitate 1775 the orderly transfer of funds in accordance with this section. 1776 The commission division shall also monitor the membership rolls 1777 of the horsemen’s association to ensure that complete, accurate, 1778 and timely listings are maintained for the purposes specified in 1779 this section. 1780

Section 29. Subsection (3) of

section 550.26165, Florida 1781 Statutes, is amended to read: 1782 550.26165 Breeders’ awards.— 1783

(3) Breeders’ associations shall submit their plans to the 1784 commission division at least 60 days before the beginning of the 1785 payment year. The payment year may be a calendar year or any 12 -1786 month period, but once established, the yearly base may not be 1787 changed except for compelling reasons. Once a plan is approved, 1788 the commission division may not allow the plan to be amended 1789 during the year, except for the most compelling reasons. 1790

Section 30. Paragraphs (

b) and (

d) of subsection (2), 1791 subsections (3) and (4), paragraphs (a), (f), (g), and (

h) of 1792 subsection (5), paragraph (

e) of subsection (6), an d subsections 1793 (7) and (8) of

section 550.2625, Florida Statutes, are amended 1794 to read: 1795 550.2625 Horseracing; minimum purse requirement, Florida 1796 breeders’ and owners’ awards.— 1797

(2) Each permitholder conducting a horserace meet is 1798

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 63 of 140 CODING: Words stricken are deletions; words underlined are additions. required to pay from the takeout withheld on pari-mutuel pools a 1799 sum for purses in accordance with the type of race performed. 1800 (b)1. A permitholder conducting a harness horse race meet 1801 under this

chapter must pay to the purse pool from the takeout 1802 withheld a purse requirement that totals an amount not less than 1803 8.25 percent of all contributions to pari-mutuel pools conducted 1804 during the race meet. An amount not less than 7.75 percent of 1805 the total handle shall be paid from this purse pool as purses. 1806 2.

An amount not to exceed 0.5 percent of the total handle 1807 on all harness horse races that are subject to the purse 1808 requirement of subparagraph 1., must be available for use to 1809 provide medical, dental, surgical, life, funeral, or disability 1810 insurance benefits for occupational licensees who wor k at tracks 1811 in this state at which harness horse races are conducted. Such 1812 insurance benefits must be paid from the purse pool specified in 1813 subparagraph 1.

An annual plan for payment of insurance benefits 1814 from the purse pool, including qualifications for e ligibility, 1815 must be submitted by the Florida Standardbred Breeders and 1816 Owners Association for approval to the commission division. An 1817 annual report of the implemented plan shall be submitted to the 1818 commission division.

All records of the Florida Standardbred 1819 Breeders and Owners Association concerning the administration of 1820 the plan must be available for audit at the discretion of the 1821 commission division to determine that the plan has been 1822 implemented and administered as authorized. If the commission 1823 division finds that the Florida Standardbred Breeders and Owners 1824 Association has not complied with the provisions of this 1825 section, the commission division may order the association to 1826 cease and desist from administering the plan and shall appoint 1827

Florida Senate - 2022 SB 854 28-01067-22 2022854__ Page 64 of 140 CODING: Words stricken are deletions; words underlined are additions. the commission division as temporary administrator of the plan 18