Senate Bill 7080 (2021) — Requirements for pari-mutuel permitholders to conduct live racing or games

SB 7080

Florida Bills

Florida Senate - 2021 SB 7080 By the Committee on Regulated Industries 580-04019-21 20217080__ Page 1 of 36 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to requirements for pari-mutuel 2 permitholders to conduct live racing or games; 3 amending s. 550.002, F.S.; revising

definitions; 4 defining the terms “permitholder” and “permittee”; 5 deleting the term “racing greyhound”; amending s. 6 550.0115, F.S.; making technical changes; amending s. 7 550.01215, F.S.; revising the application requirements 8 for an operating license to conduct pari-mutuel 9 wagering for a pari-mutuel facility; prohibiting 10 greyhound permitholders from conducting live racing; 11 authorizing jai alai permitholders, harness horse 12 racing permitholders, and quarter horse racing 13 permitholders to elect not to conduct live racing or 14 games; requiring thoroughbred permitholders to conduct 15 live racing; specifying that certain permitholders 16 that do not conduct live racing or games retain their 17 permit and remain pari-mutuel facilities; specifying 18 that, if such permitholder has been issued a slot 19 machine license, the permitholder’s facility remains 20 an eligible facility, continues to be eligible for a 21 slot machine license, is exempt from certain 22 provisions of ch. 551, F.S., is eligible to be a guest 23 track, and, if the permitholder is a harness horse 24 racing permitholder, is eligible to be a host track 25 for intertrack wagering and simulcasting, and remains 26 eligible for a cardroom license; authorizing the 27 Division of Pari-mutuel Wagering to approve a change 28 in racing dates for a permitholder if the request for 29

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 2 of 36 CODING: Words stricken are deletions; words underlined are additions. a change is received before a specified date and under 30 certain circumstances; deleting a provision 31 authorizing the conversion of certain permits to a jai 32 alai permit under certain circumstances; amending s. 33 550.0235, F.S.; conforming provisions to changes made 34 by the act; amending s. 550.0351, F.S.; deleting a 35 provision relating to hound dog derbies and mutt 36 derbies; amending s. 550.0425, F.S.; deleting a 37 provision authorizing certain children to be granted 38 access to kennel compound areas under certain 39 circumstances; amending s. 550.054, F.S.; deleting 40 provisions relating to the conversion of jai alai 41 permits to greyhound racing permits; conforming 42 provisions to changes made by the act; amending s. 43 550.09511, F.S.; deleting a provision relating to the 44 payment of certain taxes and fees by jai alai 45 permitholders conducting fewer than a specified number 46 of live performances; amending s. 550.09512, F.S.; 47 revising the circumstances for which a harness horse 48 permitholder’s permit is voided for failing to pay 49 certain taxes; amending ss. 550.105 and 550.1155, 50 F.S.; conforming provisions to changes made by the 51 act; amending s. 550.1647, F.S.; conforming a 52 provision to changes made by the act; repealing s. 53 550.1648, F.S., relating to greyhound adoptions; 54 amending ss. 550.175 and 550.1815, F.S.; conforming 55 provisions to changes made by the act; amending s. 56 550.24055, F.S.; conforming provisions to changes made 57 by the act; amending s. 550.2415, F.S.; deleting 58

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 3 of 36 CODING: Words stricken are deletions; words underlined are additions. provisions relating to the testing, euthanasia, and 59 training of racing greyhounds; amending s. 550.334, 60 F.S.; conforming provisions to changes made by the 61 act; amending s. 550.3551, F.S.; making technical 62 changes; conforming provisions to changes made by the 63 act; amending s. 550.3615, F.S.; making technical 64 changes; prohibiting a person convicted of bookmaking 65 from attending or being admitted to a pari-mutuel 66 facility; requiring pari-mutuel facility employees to 67 notify certain persons of unlawful activities; 68 providing civil penalties; requiring a permittee to 69 display certain warnings relating to bookmaking at his 70 or her pari-mutuel facility; revising applicability; 71 amending s. 550.475, F.S.; revising provisions 72 relating to leasing pari-mutuel facilities; amending 73 s. 550.615, F.S.; revising requirements relating to 74 intertrack wagering; specifying that greyhound 75 permitholders are qualified to receive certain 76 broadcasts and accept specified wagers; amending s. 77 550.6305, F.S.; conforming provisions to changes made 78 by the act; amending s. 551.104, F.S.; conforming 79 provisions to changes made by the act; amending s. 80 551.114, F.S.; revising requirements for the locations 81 of designated slot machine gaming areas; amending s. 82 565.02, F.S.; conforming provisions to changes made by 83 the act; amending s. 849.086, F.S.; revising 84 requirements relating to the annual renewal of a 85 cardroom license; conforming provisions to changes 86 made by the act; reenacting ss. 380.0651(2)(c), 87

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 4 of 36 CODING: Words stricken are deletions; words underlined are additions. 402.82(4)(c), and 480.0475(1), F.S., relating to 88 statewide guidelines, the electronic benefits transfer 89 program, and massage establishments, respectively, to 90 incorporate the amendments made to s. 550.002, F.S., 91 in references thereto; providing an effective date. 92 93 Be It Enacted by the Legislature of the State of Florida: 94 95

Section 1. Present subsections (24) through (28) of

section 96 550.002, Florida Statutes, are redesignated as subsections (25) 97 through (29), respectively, a new subsection (24) is added to 98 that section, and subsections (11), (17), (20), (21), (22), 99 (23), and (31) and present subsections (26) and (29) of that 100

section are amended, to read: 101 550.002

Definitions.—As used in this chapter, the term: 102 (11) “Full

schedule of live racing or games” means, for a 103 greyhound or jai alai permitholder, the conduct of a combination 104 of at least 100 live evening or matinee performances during the 105 preceding year; for a permitholder who has a converted permit or 106 filed an application on or before June 1, 1990, for a converted 107 permit, the conduct of a combination of at least 100 live 108 evening and matinee wagering performances during either of the 2 109 preceding years; for a jai alai permitholder who does not 110 operate slot machines in its pari-mutuel facility, who has 111 conducted at least 100 live performances per year for at least 112 10 years after December 31, 1992, and whose handle on live jai 113 alai games conducted at its pari-mutuel facility has been less 114 than $4 million per state fiscal year for at least 2 consecutive 115 years after June 30, 1992, the conduct of a combination of at 116

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 5 of 36 CODING: Words stricken are deletions; words underlined are additions. least 40 live evening or matinee performances during the 117 preceding year; for a jai alai permitholder who operates slot 118 machines in its pari-mutuel facility, the conduct of a 119 combination of at least 150 performances during the preceding 120 year; for a harness permitholder, the conduct of at least 100 121 live regular wagering performances during the preceding year; 122 for a quarter horse permitholder at its facility unless an 123 alternative

schedule of at least 20 live regular wagering 124 performances is agreed upon by the permitholder and either the 125 Florida Quarter Horse Racing Association or the horsemen’s 126 association representing the majority of the quarter horse 127 owners and trainers at the facility and filed with the division 128 along with its annual date application, in the 2010-2011 fiscal 129 year, the conduct of at least 20 regular wagering performances, 130 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at 131 least 30 live regular wagering performances, and for every 132 fiscal year after the 2012-2013 fiscal year, the conduct of at 133 least 40 live regular wagering performances; for a quarter horse 134 permitholder leasing another licensed racetrack, the conduct of 135 160 events at the leased facility; and for a thoroughbred 136 permitholder, the conduct of at least 40 live regular wagering 137 performances during the preceding year.

For a permitholder which 138 is restricted by statute to certain operating periods within the 139 year when other members of its same class of permit are 140 authorized to operate throughout the year, the specified number 141 of live performances which constitute a full

schedule of live 142 racing or games shall be adjusted pro rata in accordance with 143 the relationship between its authorized operating period and the 144 full calendar year and the resulting specified number of live 145

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 6 of 36 CODING: Words stricken are deletions; words underlined are additions. performances shall constitute the full

schedule of live games 146 for such permitholder and all other permitholders of the same 147 class within 100 air miles of such permitholder.

A live 148 performance must consist of no fewer than eight races or games 149 conducted live for each of a minimum of three performances each 150 week at the permitholder’s licensed facility under a single 151 admission charge. 152 (17) “Intertrack wager” or “intertrack wagering” means a 153 particular form of pari-mutuel wagering in which wagers are 154 accepted at a permitted, in-state track, fronton, or pari-mutuel 155 facility on a race or game transmitted from and performed live 156 at, or simulcast signal rebroadcast from, another in-state pari-157 mutuel facility. 158 (20) “Meet” or “meeting” means the conduct of live racing 159 or jai alai, or wagering on intertrack or simulcast events, for 160 any stake, purse, prize, or premium. 161 (21) “Operating day” means a continuous period of 24 hours 162 starting with the beginning of the first performance of a race 163 or game, even though the operating day may start during one 164 calendar day and extend past midnight except that no greyhound 165 race or jai alai game may commence after 1:30 a.m. 166 (22) “Pari-mutuel” or “pari-mutuel wagering” means a system 167 of betting on races or games in which the winners divide the 168 total amount bet, after deducting management expenses and taxes, 169 in proportion to the sums they have wagered individually and 170 with regard to the odds assigned to particular outcomes. 171 (23) “Pari-mutuel facility” means the grounds or property 172 of a cardroom, racetrack, fronton, or other facility used by a 173 licensed permitholder for the conduct of pari-mutuel wagering. 174

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 7 of 36 CODING: Words stricken are deletions; words underlined are additions. (24) “Permitholder” or “permittee” means a holder of a 175 permit to conduct pari-mutuel wagering in this state as 176 authorized in this chapter. 177 (27)(26) “Post time” means the time set for the arrival at 178 the starting point of the horses or greyhounds in a race or the 179 beginning of a game in jai alai. 180 (29) “Racing greyhound” means a greyhound that is or was 181 used, or is being bred, raised, or trained to be used, in racing 182 at a pari-mutuel facility and is registered with the National 183 Greyhound Association. 184 (31) “Same class of races, games, or permit” means, with 185 respect to a jai alai permitholder, jai alai games or other jai 186 alai permitholders; with respect to a greyhound permitholder, 187 greyhound races or other greyhound permitholders conducting 188 pari-mutuel wagering; with respect to a thoroughbred 189 permitholder, thoroughbred races or other thoroughbred 190 permitholders; with respect to a harness permitholder, harness 191 races or other harness permitholders; with respect to a quarter 192 horse permitholder, quarter horse races or other quarter horse 193 permitholders. 194

Section

Section 550.0115, Florida Statutes, is amended 195 to read: 196 550.0115 Permitholder operating license.—After a permit has 197 been issued by the division, and after the permit has been 198 approved by election, the division shall issue to the 199 permitholder an annual operating license to conduct pari-mutuel 200 wagering operations at the location specified in the permit 201 pursuant to the provisions of this chapter. 202

Section

Section 550.01215, Florida Statutes, is amended 203

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 8 of 36 CODING: Words stricken are deletions; words underlined are additions. to read: 204 550.01215 License application; periods of operation; 205 license fees; bond, conversion of permit.— 206

(1) Each permitholder shall annually, during the period 207 between December 15 and January 4, file in writing with the 208 division its application for an operating a license for a pari-209 mutuel facility for the conduct of pari-mutuel wagering during 210 the next state fiscal year, including intertrack and simulcast 211 race wagering to conduct performances during the next state 212 fiscal year. Each application for live performances must shall 213 specify the number, dates, and starting times of all live 214 performances that which the permitholder intends to conduct. It 215 must shall also specify which performances will be conducted as 216 charity or scholarship performances. 217 (

a) In addition, Each application for an operating a 218 license also must shall include:, 219 1. For each permitholder, whether the permitholder intends 220 to accept wagers on intertrack or simulcast events. 221 2. For each permitholder that which elects to operate a 222 cardroom, the dates and periods of operation the permitholder 223 intends to operate the cardroom. or, 224 3. For each thoroughbred racing permitholder that which 225 elects to receive or rebroadcast out-of-state races after 7 226 p.m., the dates for all performances that which the permitholder 227 intends to conduct. 228 (

b) A greyhound permitholder may not conduct live racing. A 229 jai alai permitholder, harness horse racing permitholder, or 230 quarter horse racing permitholder may elect not to conduct live 231 racing or games. A thoroughbred permitholder must conduct live 232

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 9 of 36 CODING: Words stricken are deletions; words underlined are additions. racing. A greyhound permitholder, jai alai permitholder, harness 233 horse racing permitholder, or quarter horse racing permitholder 234 that does not conduct live racing or games retains its permit; 235 is a pari-mutuel facility as defined in s. 550.002(23); if such 236 permitholder has been issued a slot machine license, the 237 facility where such permit is located remains an eligible 238 facility as defined in s. 551.102(4), continues to be eligible 239 for a slot machine license pursuant to s. 551.104(3), and is 240 exempt from ss. 551.104(4)(

c) and (10) and 551.114(2) and (4); 241 is eligible, but not required, to be a guest track and, if the 242 permitholder is a harness horse racing permitholder, to be a 243 host track for purposes of intertrack wagering and simulcasting 244 pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and 245 remains eligible for a cardroom license. 246 (

c) Permitholders may shall be entitled to amend their 247 applications through February 28. 248

(2) After the first license has been issued to a 249 permitholder, all subsequent annual applications for a license 250 shall be accompanied by proof, in such form as the division may 251 by rule require, that the permitholder continues to possess the 252 qualifications prescribed by this chapter, and that the permit 253 has not been disapproved at a later election. 254

(3) The division shall issue each license no later than 255 March 15. Each permitholder shall operate all performances at 256 the date and time specified on its license. The division shall 257 have the authority to approve minor changes in racing dates 258 after a license has been issued. The division may approve 259 changes in racing dates after a license has been issued when 260 there is no objection from any operating permitholder located 261

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 10 of 36 CODING: Words stricken are deletions; words underlined are additions. within 50 miles of the permitholder requesting the changes in 262 operating dates. In the event of an objection, the division 263 shall approve or disapprove the change in operating dates based 264 upon the impact on operating permitholders located within 50 265 miles of the permitholder requesting the change in operating 266 dates.

In making the determination to change racing dates, the 267 division shall take into consideration the impact of such 268 changes on state revenues. Notwithstanding any other provision 269 of law, and for the 2021-2022 state fiscal year only, the 270 division may approve changes in operating dates for 271 permitholders if the request for such changes is received before 272 July 1, 2021. 273

(4) In the event that a permitholder fails to operate all 274 performances specified on its license at the date and time 275 specified, the division shall hold a hearing to determine 276 whether to fine or suspend the permitholder’s license, unless 277 such failure was the direct result of fire, strike, war, or 278 other disaster or event beyond the ability of the permitholder 279 to control. Financial hardship to the permitholder shall not, in 280 and of itself, constitute just cause for failure to operate all 281 performances on the dates and at the times specified. 282

(5) In the event that performances licensed to be operated 283 by a permitholder are vacated, abandoned, or will not be used 284 for any reason, any permitholder shall be entitled, pursuant to 285 rules adopted by the division, to apply to conduct performances 286 on the dates for which the performances have been abandoned. The 287 division shall issue an amended license for all such replacement 288 performances which have been requested in compliance with the 289 provisions of this

chapter and division rules. 290

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 11 of 36 CODING: Words stricken are deletions; words underlined are additions.

(6) Any permit which was converted from a jai alai permit 291 to a greyhound permit may be converted to a jai alai permit at 292 any time if the permitholder never conducted greyhound racing or 293 if the permitholder has not conducted greyhound racing for a 294 period of 12 consecutive months. 295

Section

Section 550.0235, Florida Statutes, is amended 296 to read: 297 550.0235 Limitation of civil liability.—No permitholder 298 licensed to conduct pari-mutuel wagering permittee conducting a 299 racing meet pursuant to the provisions of this chapter; no 300 division director or employee of the division; and no steward, 301 judge, or other person appointed to act pursuant to this

chapter 302 shall be held liable to any person, partnership, association, 303 corporation, or other business entity for any cause whatsoever 304 arising out of, or from, the performance by such permittee, 305 director, employee, steward, judge, or other person of her or 306 his duties and the exercise of her or his discretion with 307 respect to the implementation and enforcement of the statutes 308 and rules governing the conduct of pari-mutuel wagering, so long 309 as she or he acted in good faith. This

section shall not limit 310 liability in any situation in which the negligent maintenance of 311 the premises or the negligent conduct of a race contributed to 312 an accident; nor shall it limit any contractual liability. 313

Section 5. Subsections (1) and (7) of

section 550.0351, 314 Florida Statutes, are amended to read: 315 550.0351 Charity racing days.— 316

(1) The division shall, upon the request of a permitholder, 317 authorize each horseracing permitholder, dogracing permitholder, 318 and jai alai permitholder up to five charity or scholarship days 319

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 12 of 36 CODING: Words stricken are deletions; words underlined are additions. in addition to the regular racing days authorized by law. 320

(7) In addition to the charity days authorized by this 321 section, any dogracing permitholder may allow its facility to be 322 used for conducting “hound dog derbies” or “mutt derbies” on any 323 day during each racing season by any charitable, civic, or 324 nonprofit organization for the purpose of conducting “hound dog 325 derbies” or “mutt derbies” if only dogs other than those usually 326 used in dogracing (greyhounds) are permitted to race and if 327 adults and minors are allowed to participate as dog owners or 328 spectators. During these racing events, betting, gambling, and 329 the sale or use of alcoholic beverages is prohibited. 330

Section 6. Subsection (4) of

section 550.0425, Florida 331 Statutes, is amended to read: 332 550.0425 Minors attendance at pari-mutuel performances; 333 restrictions.— 334

(4) Minor children of licensed greyhound trainers, kennel 335 operators, or other licensed persons employed in the kennel 336 compound areas may be granted access to kennel compound areas 337 without being licensed, provided they are in no way employed 338 unless properly licensed, and only when under the direct 339 supervision of one of their parents or legal guardian. 340

Section 7. Subsections (2) and (14) of

section 550.054, 341 Florida Statutes, are amended to read: 342 550.054 Application for permit to conduct pari-mutuel 343 wagering.— 344

(2) Upon each application filed and approved, a permit 345 shall be issued to the applicant setting forth the name of the 346 permitholder, the location of the pari-mutuel facility, the type 347 of pari-mutuel activity desired to be conducted, and a statement 348

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 13 of 36 CODING: Words stricken are deletions; words underlined are additions. showing qualifications of the applicant to conduct pari-mutuel 349 performances under this chapter; however, a permit is 350 ineffectual to authorize any pari-mutuel performances until 351 approved by a majority of the electors participating in a 352 ratification election in the county in which the applicant 353 proposes to conduct pari-mutuel wagering activities.

In 354 addition, an application may not be considered, nor may a permit 355 be issued by the division or be voted upon in any county, to 356 conduct horseraces, harness horse races, or pari-mutuel wagering 357 dograces at a location within 100 miles of an existing pari-358 mutuel facility, or for jai alai within 50 miles of an existing 359 pari-mutuel facility; this distance shall be measured on a 360 straight line from the nearest property line of one pari-mutuel 361 facility to the nearest property line of the other facility. 362 (14)(

a) Any holder of a permit to conduct jai alai may 363 apply to the division to convert such permit to a permit to 364 conduct greyhound racing in lieu of jai alai if: 365 1. Such permit is located in a county in which the division 366 has issued only two pari-mutuel permits pursuant to this 367 section; 368 2. Such permit was not previously converted from any other 369 class of permit; and 370 3. The holder of the permit has not conducted jai alai 371 games during a period of 10 years immediately preceding his or 372 her application for conversion under this subsection. 373 (

b) The division, upon application from the holder of a jai 374 alai permit meeting all conditions of this section, shall 375 convert the permit and shall issue to the permitholder a permit 376 to conduct greyhound racing. A permitholder of a permit 377

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 14 of 36 CODING: Words stricken are deletions; words underlined are additions. converted under this

section shall be required to apply for and 378 conduct a full

schedule of live racing each fiscal year to be 379 eligible for any tax credit provided by this chapter. The holder 380 of a permit converted under former subsection (14) of this 381 section, Florida Statutes 2020, pursuant to this subsection or 382 any holder of a permit to conduct greyhound racing located in a 383 county in which it is the only permit issued pursuant to this 384

section who operates at a leased facility pursuant to s. 550.475 385 may move the location for which the permit has been issued to 386 another location within a 30-mile radius of the location fixed 387 in the permit issued in that county, provided the move does not 388 cross the county boundary and such location is approved under 389 the zoning regulations of the county or municipality in which 390 the permit is located, and upon such relocation may use the 391 permit for the conduct of pari-mutuel wagering and the operation 392 of a cardroom. The provisions of s. 550.6305(9)(

d) and (

f) shall 393 apply to any permit converted under former subsection (14) of 394 this section, Florida Statutes 2020, this subsection and shall 395 continue to apply to any permit which was previously included 396 under and subject to such provisions before a conversion 397 pursuant to this

section occurred. 398

Section 8. Subsection (4) of

section 550.09511, Florida 399 Statutes, is amended to read: 400 550.09511 Jai alai taxes; abandoned interest in a permit 401 for nonpayment of taxes.— 402

(4) A jai alai permitholder conducting fewer than 100 live 403 performances in any calendar year shall pay to the state the 404 same aggregate amount of daily license fees on live jai alai 405 games, admissions tax, and tax on live handle as that 406

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 15 of 36 CODING: Words stricken are deletions; words underlined are additions. permitholder paid to the state during the most recent prior 407 calendar year in which the jai alai permitholder conducted at 408 least 100 live performances. 409

Section 9. Paragraph (

a) of subsection (3) of

section 410 550.09512, Florida Statutes, is amended to read: 411 550.09512 Harness horse taxes; abandoned interest in a 412 permit for nonpayment of taxes.— 413 (3)(

a) The permit of a harness horse permitholder who is 414 conducting live harness horse performances and who does not pay 415 tax on handle for any such live harness horse performances 416 conducted for a full

schedule of live races during any 2 417 consecutive state fiscal years shall be void and shall escheat 418 to and become the property of the state unless such failure to 419 operate and pay tax on handle was the direct result of fire, 420 strike, war, or other disaster or event beyond the ability of 421 the permitholder to control. Financial hardship to the 422 permitholder shall not, in and of itself, constitute just cause 423 for failure to operate and pay tax on handle. 424

Section 10. Subsections (2) and (9) of

section 550.105, 425 Florida Statutes, are amended to read: 426 550.105 Occupational licenses of racetrack employees; fees; 427 denial, suspension, and revocation of license; penalties and 428 fines.— 429 (2)(

a) The following licenses shall be issued to persons or 430 entities with access to the backside, racing animals, jai alai 431 players’ room, jockeys’ room, drivers’ room, totalisator room, 432 the mutuels, or money room, or to persons who, by virtue of the 433 position they hold, might be granted access to these areas or to 434 any other person or entity in one of the following categories 435

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 16 of 36 CODING: Words stricken are deletions; words underlined are additions. and with fees not to exceed the following amounts for any 12-436 month period: 437 1. Business licenses: any business such as a vendor, 438 contractual concessionaire, contract kennel, business owning 439 racing animals, trust or estate, totalisator company, stable 440 name, or other fictitious name: $50. 441 2.

Professional occupational licenses: professional persons 442 with access to the backside of a racetrack or players’ quarters 443 in jai alai such as trainers, officials, veterinarians, doctors, 444 nurses, EMT’s, jockeys and apprentices, drivers, jai alai 445 players, owners, trustees, or any management or officer or 446 director or shareholder or any other professional-level person 447 who might have access to the jockeys’ room, the drivers’ room, 448 the backside, racing animals, kennel compound, or managers or 449 supervisors requiring access to mutuels machines, the money 450 room, or totalisator equipment: $40. 451 3.

General occupational licenses: general employees with 452 access to the jockeys’ room, the drivers’ room, racing animals, 453 the backside of a racetrack or players’ quarters in jai alai, 454 such as grooms, kennel helpers, leadouts, pelota makers, cesta 455 makers, or ball boys, or a practitioner of any other occupation 456 who would have access to the animals or, the backside, or the 457 kennel compound, or who would provide the security or 458 maintenance of these areas, or mutuel employees, totalisator 459 employees, money-room employees, or any employee with access to 460 mutuels machines, the money room, or totalisator equipment or 461 who would provide the security or maintenance of these areas: 462 $10. 463 464

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 17 of 36 CODING: Words stricken are deletions; words underlined are additions. The individuals and entities that are licensed under this 465 paragraph require heightened state scrutiny, including the 466 submission by the individual licensees or persons associated 467 with the entities described in this

chapter of fingerprints for 468 a Federal Bureau of Investigation criminal records check. 469 (

b) The division shall adopt rules pertaining to pari-470 mutuel occupational licenses, licensing periods, and renewal 471 cycles. 472

(9) The tax imposed by this

section is in lieu of all 473 license, excise, or occupational taxes to the state or any 474 county, municipality, or other political subdivision, except 475 that, if a race meeting or game is held or conducted in a 476 municipality, the municipality may assess and collect an 477 additional tax against any person conducting live racing or 478 games within its corporate limits, which tax may not exceed $150 479 per day for horseracing or $50 per day for dogracing or jai 480 alai.

Except as provided in this chapter, a municipality may not 481 assess or collect any additional excise or revenue tax against 482 any person conducting race meetings within the corporate limits 483 of the municipality or against any patron of any such person. 484

Section

Section 550.1155, Florida Statutes, is amended 485 to read: 486 550.1155 Authority of stewards, judges, panel of judges, or 487 player’s manager to impose penalties against occupational 488 licensees; disposition of funds collected.— 489

(1) The stewards at a horse racetrack; the judges at a dog 490 track; or the judges, a panel of judges, or a player’s manager 491 at a jai alai fronton may impose a civil penalty against any 492 occupational licensee for violation of the pari-mutuel laws or 493

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 18 of 36 CODING: Words stricken are deletions; words underlined are additions. any rule adopted by the division. The penalty may not exceed 494 $1,000 for each count or separate offense or exceed 60 days of 495 suspension for each count or separate offense. 496

(2) All penalties imposed and collected pursuant to this 497

section at each horse or dog racetrack or jai alai fronton shall 498 be deposited into a board of relief fund established by the 499 pari-mutuel permitholder. Each association shall name a board of 500 relief composed of three of its officers, with the general 501 manager of the permitholder being the ex officio treasurer of 502 such board. Moneys deposited into the board of relief fund shall 503 be disbursed by the board for the specific purpose of aiding 504 occupational licenseholders and their immediate family members 505 at each pari-mutuel facility. 506

Section

Section 550.1647, Florida Statutes, is amended 507 to read: 508 550.1647 Greyhound permitholders; unclaimed tickets; 509 breaks.—All money or other property represented by any 510 unclaimed, uncashed, or abandoned pari-mutuel ticket which has 511 remained in the custody of or under the control of any greyhound 512 permitholder authorized to conduct greyhound racing pari-mutuel 513 wagering pools in this state for a period of 1 year after the 514 date the pari-mutuel ticket was issued, if the rightful owner or 515 owners thereof have made no claim or demand for such money or 516 other property within that period of time, shall, with respect 517 to live races conducted by the permitholder, be remitted to the 518 state pursuant to s. 550.1645; however, such permitholder shall 519 be entitled to a credit in each state fiscal year in an amount 520 equal to the actual amount remitted in the prior state fiscal 521 year which may be applied against any taxes imposed pursuant to 522

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 19 of 36 CODING: Words stricken are deletions; words underlined are additions. this chapter. In addition, each permitholder shall pay, from any 523 source, including the proceeds from performances conducted 524 pursuant to s. 550.0351, an amount not less than 10 percent of 525 the amount of the credit provided by this

section to any bona 526 fide organization that promotes or encourages the adoption of 527 greyhounds. As used in this chapter, the term “bona fide 528 organization that promotes or encourages the adoption of 529 greyhounds” means any organization that provides evidence of 530 compliance with

chapter 496 and possesses a valid exemption from 531 federal taxation issued by the Internal Revenue Service. Such 532 bona fide organization, as a condition of adoption, must provide 533 sterilization of greyhounds by a licensed veterinarian before 534 relinquishing custody of the greyhound to the adopter. The fee 535 for sterilization may be included in the cost of adoption. 536

Section

Section 550.1648, Florida Statutes, is 537 repealed. 538

Section

Section 550.175, Florida Statutes, is amended 539 to read: 540 550.175 Petition for election to revoke permit.—Upon 541 petition of 20 percent of the qualified electors of any county 542 wherein any pari-mutuel wagering racing has been licensed and 543 conducted under this chapter, the county commissioners of such 544 county shall provide for the submission to the electors of such 545 county at the then next succeeding general election the question 546 of whether any permit or permits theretofore granted shall be 547 continued or revoked, and if a majority of the electors voting 548 on such question in such election vote to cancel or recall the 549 permit theretofore given, the division may not thereafter grant 550 any license on the permit so recalled.

Every signature upon 551

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 20 of 36 CODING: Words stricken are deletions; words underlined are additions. every recall petition must be signed in the presence of the 552 clerk of the board of county commissioners at the office of the 553 clerk of the circuit court of the county, and the petitioner 554 must present at the time of such signing her or his registration 555 receipt showing the petitioner’s qualification as an elector of 556 the county at the time of the signing of the petition.

Not more 557 than one permit may be included in any one petition; and, in all 558 elections in which the recall of more than one permit is voted 559 on, the voters shall be given an opportunity to vote for or 560 against the recall of each permit separately. Nothing in this 561

chapter shall be construed to prevent the holding of later 562 referendum or recall elections. 563

Section 15. Subsection (1) of

section 550.1815, Florida 564 Statutes, is amended to read: 565 550.1815 Certain persons prohibited from holding racing or 566 jai alai permits; suspension and revocation.— 567

(1) A corporation, general or limited partnership, sole 568 proprietorship, business trust, joint venture, or unincorporated 569 association, or other business entity may not hold any 570 horseracing or greyhound dogracing permit or jai alai fronton 571 permit in this state if any one of the persons or entities 572 specified in paragraph (

a) has been determined by the division 573 not to be of good moral character or has been convicted of any 574 offense specified in paragraph (b). 575 (a)1. The permitholder; 576 2. An employee of the permitholder; 577 3. The sole proprietor of the permitholder; 578 4. A corporate officer or director of the permitholder; 579 5. A general partner of the permitholder; 580

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 21 of 36 CODING: Words stricken are deletions; words underlined are additions. 6. A trustee of the permitholder; 581 7. A member of an unincorporated association permitholder; 582 8. A joint venturer of the permitholder; 583 9. The owner of more than 5 percent of any equity interest 584 in the permitholder, whether as a common shareholder, general or 585 limited partner, voting trustee, or trust beneficiary; or 586 10.

An owner of any interest in the permit or permitholder, 587 including any immediate family member of the owner, or holder of 588 any debt, mortgage, contract, or concession from the 589 permitholder, who by virtue thereof is able to control the 590 business of the permitholder. 591 (b)1. A felony in this state; 592 2. Any felony in any other state which would be a felony if 593 committed in this state under the laws of this state; 594 3. Any felony under the laws of the United States; 595 4.

A felony under the laws of another state if related to 596 gambling which would be a felony under the laws of this state if 597 committed in this state; or 598 5. Bookmaking as defined in s. 849.25. 599

Section 16. Subsection (2) of

section 550.24055, Florida 600 Statutes, is amended to read: 601 550.24055 Use of controlled substances or alcohol 602 prohibited; testing of certain occupational licensees; penalty; 603 evidence of test or action taken and admissibility for criminal 604 prosecution limited.— 605

(2) The occupational licensees, by applying for and holding 606 such licenses, are deemed to have given their consents to submit 607 to an approved chemical test of their breath for the purpose of 608 determining the alcoholic content of their blood and to a urine 609

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 22 of 36 CODING: Words stricken are deletions; words underlined are additions. or blood test for the purpose of detecting the presence of 610 controlled substances. Such tests shall only be conducted upon 611 reasonable cause that a violation has occurred as shall be 612 determined solely by the stewards at a horseracing meeting or 613 the judges or board of judges at a dogtrack or jai alai meet. 614 The failure to submit to such test may result in a suspension of 615 the person’s occupational license for a period of 10 days or 616 until this

section has been complied with, whichever is longer. 617 (

a) If there was at the time of the test 0.05 percent or 618 less by weight of alcohol in the person’s blood, the person is 619 presumed not to have been under the influence of alcoholic 620 beverages to the extent that the person’s normal faculties were 621 impaired, and no action of any sort may be taken by the 622 stewards, judges, or board of judges or the division. 623 (

b) If there was at the time of the test an excess of 0.05 624 percent but less than 0.08 percent by weight of alcohol in the 625 person’s blood, that fact does not give rise to any presumption 626 that the person was or was not under the influence of alcoholic 627 beverages to the extent that the person’s faculties were 628 impaired, but the stewards, judges, or board of judges may 629 consider that fact in determining whether or not the person will 630 be allowed to officiate or participate in any given race or jai 631 alai game. 632 (

c) If there was at the time of the test 0.08 percent or 633 more by weight of alcohol in the person’s blood, that fact is 634 prima facie evidence that the person was under the influence of 635 alcoholic beverages to the extent that the person’s normal 636 faculties were impaired, and the stewards or judges may take 637 action as set forth in this section, but the person may not 638

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 23 of 36 CODING: Words stricken are deletions; words underlined are additions. officiate at or participate in any race or jai alai game on the 639 day of such test. 640 641 All tests relating to alcohol must be performed in a manner 642 substantially similar, or identical, to the provisions of s. 643 316.1934 and rules adopted pursuant to that section. Following a 644 test of the urine or blood to determine the presence of a 645 controlled substance as defined in

chapter 893, if a controlled 646 substance is found to exist, the stewards, judges, or board of 647 judges may take such action as is permitted in this section. 648

Section 17. Paragraph (

d) of subsection (5), paragraphs (b) 649 and (

c) of subsection (6), paragraph (

a) of subsection (9), and 650 subsection (13) of

section 550.2415, Florida Statutes, are 651 amended to read: 652 550.2415 Racing of animals under certain conditions 653 prohibited; penalties; exceptions.— 654

(5) The division shall implement a split-sample procedure 655 for testing animals under this section. 656 (

d) For the testing of a racing greyhound, if there is an 657 insufficient quantity of the secondary (split) sample for 658 confirmation of the division laboratory’s positive result, the 659 division may commence administrative proceedings as prescribed 660 in this

chapter and consistent with

chapter 120. 661 (6) 662 (

b) The division shall, by rule, establish the procedures 663 for euthanizing greyhounds. However, a greyhound may not be put 664 to death by any means other than by lethal injection of the drug 665 sodium pentobarbital. A greyhound may not be removed from this 666 state for the purpose of being destroyed. 667

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 24 of 36 CODING: Words stricken are deletions; words underlined are additions. (

c) It is a violation of this

chapter for an occupational 668 licensee to train a greyhound using live or dead animals. A 669 greyhound may not be taken from this state for the purpose of 670 being trained through the use of live or dead animals. 671 (9)(

a) The division may conduct a postmortem examination of 672 any animal that is injured at a permitted racetrack while in 673 training or in competition and that subsequently expires or is 674 destroyed. The division may conduct a postmortem examination of 675 any animal that expires while housed at a permitted racetrack, 676 association compound, or licensed kennel or farm. Trainers and 677 owners shall be requested to comply with this paragraph as a 678 condition of licensure. 679

(13) The division may implement by rule medication levels 680 for racing greyhounds recommended by the University of Florida 681 College of Veterinary Medicine developed pursuant to an 682 agreement between the Division of Pari-mutuel Wagering and the 683 University of Florida College of Veterinary Medicine. The 684 University of Florida College of Veterinary Medicine may provide 685 written notification to the division that it has completed 686 research or review on a particular drug pursuant to the 687 agreement and when the College of Veterinary Medicine has 688 completed a final report of its findings, conclusions, and 689 recommendations to the division. 690

Section 18. Subsection (8) of

section 550.334, Florida 691 Statutes, is amended to read 692 550.334 Quarter horse racing; substitutions.— 693

(8) To be eligible to conduct intertrack wagering, a 694 quarter horse racing permitholder must have conducted a full 695

schedule of live racing in the preceding year. 696

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 25 of 36 CODING: Words stricken are deletions; words underlined are additions.

Section 19. Subsections (2) and (4), paragraph (

a) of 697 subsection (6), and subsection (11) of

section 550.3551, Florida 698 Statutes, are amended to read: 699 550.3551 Transmission of racing and jai alai information; 700 commingling of pari-mutuel pools.— 701

(2) Any horse track, dog track, or fronton licensed under 702 this

chapter may transmit broadcasts of races or games conducted 703 at the enclosure of the licensee to locations outside this 704 state. 705 (

a) All broadcasts of horseraces transmitted to locations 706 outside this state must comply with the provisions of the 707 Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. ss. 708 3001 et seq. 709 (

b) Wagers accepted by any out-of-state pari-mutuel 710 permitholder or licensed betting system on a race broadcasted 711 under this subsection may be, but are not required to be, 712 included in the pari-mutuel pools of the horse track in this 713 state that broadcasts the race upon which wagers are accepted. 714 The handle, as referred to in s. 550.0951(3), does not include 715 any wagers accepted by an out-of-state pari-mutuel permitholder 716 or licensed betting system, irrespective of whether such wagers 717 are included in the pari-mutuel pools of the Florida 718 permitholder as authorized by this subsection. 719

(4) Any greyhound permitholder or jai alai permitholder dog 720 track or fronton licensed under this

chapter may receive at its 721 licensed location broadcasts of dograces or jai alai games 722 conducted at other tracks or frontons located outside the state 723 at the track enclosure of the licensee during its operational 724 meeting. All forms of pari-mutuel wagering are allowed on 725

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 26 of 36 CODING: Words stricken are deletions; words underlined are additions. dograces or jai alai games broadcast under this subsection. All 726 money wagered by patrons on dograces broadcast under this 727 subsection shall be computed in the amount of money wagered each 728 performance for purposes of taxation under ss. 550.0951 and 729 550.09511. 730 (6)(

a) A maximum of 20 percent of the total number of races 731 on which wagers are accepted by a greyhound permitholder not 732 located as specified in s. 550.615(6) may be received from 733 locations outside this state. A permitholder conducting live 734 races or games may not conduct fewer than eight live races or 735 games on any authorized race day except as provided in this 736 subsection.

A thoroughbred permitholder may not conduct fewer 737 than eight live races on any race day without the written 738 approval of the Florida Thoroughbred Breeders’ Association and 739 the Florida Horsemen’s Benevolent and Protective Association, 740 Inc., unless it is determined by the department that another 741 entity represents a majority of the thoroughbred racehorse 742 owners and trainers in the state. If conducting live racing, a 743 harness permitholder may conduct fewer than eight live races on 744 any authorized race day., except that such permitholder must 745 conduct a full

schedule of live racing during its race meet 746 consisting of at least eight live races per authorized race day 747 for at least 100 days. Any harness horse permitholder that 748 during the preceding racing season conducted a full

schedule of 749 live racing may, at any time during its current race meet, 750 receive full-card broadcasts of harness horse races conducted at 751 harness racetracks outside this state at the harness track of 752 the permitholder and accept wagers on such harness races. With 753 specific authorization from the division for special racing 754

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 27 of 36 CODING: Words stricken are deletions; words underlined are additions. events, a permitholder may conduct fewer than eight live races 755 or games when the permitholder also broadcasts out-of-state 756 races or games. The division may not grant more than two such 757 exceptions a year for a permitholder in any 12-month period, and 758 those two exceptions may not be consecutive. 759

(11) Greyhound permitholders tracks and jai alai 760 permitholders frontons have the same privileges as provided in 761 this

section to horserace permitholders horse tracks, as 762 applicable, subject to rules adopted under subsection (10). 763

Section 20. Subsections (1), (3), (4), (5), and (6) of 764

section 550.3615, Florida Statutes, are amended to read: 765 550.3615 Bookmaking on the grounds of a permitholder; 766 penalties; reinstatement; duties of track employees; penalty; 767 exceptions.— 768

(1) Any person who engages in bookmaking, as defined in s. 769 849.25, on the grounds or property of a pari-mutuel facility 770 commits permitholder of a horse or dog track or jai alai fronton 771 is guilty of a felony of the third degree, punishable as 772 provided in s. 775.082, s. 775.083, or s. 775.084. 773 Notwithstanding the provisions of s. 948.01, any person 774 convicted under the provisions of this subsection shall not have 775 adjudication of guilt suspended, deferred, or withheld. 776

(3) Any person who has been convicted of bookmaking in this 777 state or any other state of the United States or any foreign 778 country shall be denied admittance to and shall not attend any 779 pari-mutuel facility racetrack or fronton in this state during 780 its racing seasons or operating dates, including any practice or 781 preparational days, for a period of 2 years after the date of 782 conviction or the date of final appeal. Following the conclusion 783

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 28 of 36 CODING: Words stricken are deletions; words underlined are additions. of the period of ineligibility, the director of the division may 784 authorize the reinstatement of an individual following a hearing 785 on readmittance. Any such person who knowingly violates this 786 subsection commits is guilty of a misdemeanor of the first 787 degree, punishable as provided in s. 775.082 or s. 775.083. 788

(4) If the activities of a person show that this law is 789 being violated, and such activities are either witnessed or are 790 common knowledge by any pari-mutuel facility track or fronton 791 employee, it is the duty of that employee to bring the matter to 792 the immediate attention of the permitholder, manager, or her or 793 his designee, who shall notify a law enforcement agency having 794 jurisdiction. Willful failure by the pari-mutuel facility on the 795 part of any track or fronton employee to comply with the 796 provisions of this subsection is a ground for the division to 797 suspend or revoke that employee’s license for pari-mutuel 798 facility track or fronton employment. 799

(5) Each permittee shall display, in conspicuous places at 800 a pari-mutuel facility track or fronton and in all race and jai 801 alai daily programs, a warning to all patrons concerning the 802 prohibition and penalties of bookmaking contained in this 803

section and s. 849.25. The division shall adopt rules concerning 804 the uniform size of all warnings and the number of placements 805 throughout a pari-mutuel facility track or fronton. Failure on 806 the part of the permittee to display such warnings may result in 807 the imposition of a $500 fine by the division for each offense. 808

(6) This

section does not apply to any person attending a 809 track or fronton or employed by or attending a pari-mutuel 810 facility a track or fronton who places a bet through the 811 legalized pari-mutuel pool for another person, provided such 812

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 29 of 36 CODING: Words stricken are deletions; words underlined are additions. service is rendered gratuitously and without fee or other 813 reward. 814

Section

Section 550.475, Florida Statutes, is amended 815 to read: 816 550.475 Lease of pari-mutuel facilities by pari-mutuel 817 permitholders.—Holders of valid pari-mutuel permits for the 818 conduct of any pari-mutuel wagering jai alai games, dogracing, 819 or thoroughbred and standardbred horse racing in this state are 820 entitled to lease any and all of their facilities to any other 821 holder of a same class valid pari-mutuel permit for jai alai 822 games, dogracing, or thoroughbred or standardbred horse racing, 823 when located within a 35-mile radius of each other; and such 824 lessee is entitled to a permit and license to conduct intertrack 825 wagering and operate its race meet or jai alai games at the 826 leased premises. 827

Section 22. Subsections (2) and (8) of

section 550.615, 828 Florida Statutes, are amended, and subsection (11) is added to 829 that section, to read: 830 550.615 Intertrack wagering.— 831

(2) A pari-mutuel permitholder that has met the applicable 832 requirement for that permitholder to conduct live racing or 833 games under s. 550.01215(1)(b), if any, Any track or fronton 834 licensed under this

chapter which in the preceding year 835 conducted a full

schedule of live racing is qualified to, at any 836 time, receive broadcasts of any class of pari-mutuel race or 837 game and accept wagers on such races or games conducted by any 838 class of permitholders licensed under this chapter. 839

(8) In any three contiguous counties of the state where 840 there are only three permitholders, all of which are greyhound 841

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 30 of 36 CODING: Words stricken are deletions; words underlined are additions. permitholders, if any permitholder leases the facility of 842 another permitholder for all or any portion of the conduct of 843 its live race meet pursuant to s. 550.475, such lessee may 844 conduct intertrack wagering at its pre-lease permitted facility 845 throughout the entire year, including while its live meet is 846 being conducted at the leased facility, if such permitholder has 847 conducted a full

schedule of live racing during the preceding 848 fiscal year at its pre-lease permitted facility or at a leased 849 facility, or combination thereof. 850

(11) Any greyhound permitholder licensed under this

chapter 851 to conduct pari-mutuel wagering is qualified to, at any time, 852 receive broadcasts of any class of pari-mutuel race or game and 853 accept wagers on such races or games conducted by any class of 854 permitholders licensed under this chapter. 855

Section 23. Subsection (2) of

section 550.6305, Florida 856 Statutes, is amended to read: 857 550.6305 Intertrack wagering; guest track payments; 858 accounting rules.— 859

(2) For the purposes of calculation of odds and payoffs and 860 distribution of the pari-mutuel pools, all intertrack wagers 861 shall be combined with the pari-mutuel pools at the host track. 862 Notwithstanding this subsection or subsection (4), a greyhound 863 pari-mutuel permitholder may conduct intertrack wagering without 864 combining pari-mutuel pools on not more than three races in any 865 week, not to exceed 20 races in a year. All other provisions 866 concerning pari-mutuel takeout and payments, including state tax 867 payments, apply as if the pool had been combined. 868

Section 24. Paragraph (

c) of subsection (4) of

section 869 551.104, Florida Statutes, is amended to read: 870

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 31 of 36 CODING: Words stricken are deletions; words underlined are additions. 551.104 License to conduct slot machine gaming.— 871

(4) As a condition of licensure and to maintain continued 872 authority for the conduct of slot machine gaming, the slot 873 machine licensee shall: 874 (

c) If a thoroughbred permitholder, conduct no fewer than a 875 full

schedule of live racing or games as defined in s. 876 550.002(11). A permitholder’s responsibility to conduct such 877 number of live races or games shall be reduced by the number of 878 races or games that could not be conducted due to the direct 879 result of fire, war, hurricane, or other disaster or event 880 beyond the control of the permitholder. 881

Section 25. Subsection (4) of

section 551.114, Florida 882 Statutes, is amended to read: 883 551.114 Slot machine gaming areas.— 884

(4) Designated slot machine gaming areas must may be 885 located at the address specified in the licensed permitholder’s 886 slot machine license issued for fiscal year 2020-2021 within the 887 current live gaming facility or in an existing building that 888 must be contiguous and connected to the live gaming facility. If 889 a designated slot machine gaming area is to be located in a 890 building that is to be constructed, that new building must be 891 contiguous and connected to the live gaming facility. 892

Section 26. Subsection (5) of

section 565.02, Florida 893 Statutes, is amended to read: 894 565.02 License fees; vendors; clubs; caterers; and others.— 895

(5) A caterer at a pari-mutuel facility licensed under 896

chapter 550 horse or dog racetrack or jai alai fronton may 897 obtain a license upon the payment of an annual state license tax 898 of $675. Such caterer’s license shall permit sales only within 899

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 32 of 36 CODING: Words stricken are deletions; words underlined are additions. the enclosure in which pari-mutuel wagering is conducted such 900 races or jai alai games are conducted, and such licensee shall 901 be permitted to sell only during the period beginning 10 days 902 before and ending 10 days after racing or jai alai under the 903 authority of the Division of Pari-mutuel Wagering of the 904 Department of Business and Professional Regulation is conducted 905 at such racetrack or jai alai fronton.

Except as in this 906 subsection otherwise provided, caterers licensed hereunder shall 907 be treated as vendors licensed to sell by the drink the 908 beverages mentioned herein and shall be subject to all the 909 provisions hereof relating to such vendors. 910

Section 27. Paragraphs (

a) and (

b) of subsection (5) and 911 paragraph (

d) of subsection (13) of

section 849.086, Florida 912 Statutes, are amended to read: 913 849.086 Cardrooms authorized.— 914

(5) LICENSE REQUIRED; APPLICATION; FEES.—No person may 915 operate a cardroom in this state unless such person holds a 916 valid cardroom license issued pursuant to this section. 917 (

a) Only those persons holding a valid cardroom license 918 issued by the division may operate a cardroom. A cardroom 919 license may only be issued to a licensed pari-mutuel 920 permitholder and an authorized cardroom may only be operated at 921 the same facility at which the permitholder is authorized under 922 its valid pari-mutuel wagering permit to conduct pari-mutuel 923 wagering activities. An initial cardroom license shall be issued 924 to a pari-mutuel permitholder only after its facilities are in 925 place and after it conducts its first day of pari-mutuel 926 activities on live racing or games. 927 (

b) After the initial cardroom license is granted, the 928

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 33 of 36 CODING: Words stricken are deletions; words underlined are additions. application for the annual license renewal shall be made in 929 conjunction with the applicant’s annual application for its 930 pari-mutuel license. If a permitholder has operated a cardroom 931 during any of the 3 previous fiscal years and fails to include a 932 renewal request for the operation of the cardroom in its annual 933 application for license renewal, the permitholder may amend its 934 annual application to include operation of the cardroom.

In 935 order for a cardroom license to be renewed the applicant must 936 have requested, as part of its pari-mutuel annual license 937 application, to conduct at least 90 percent of the total number 938 of live performances conducted by such permitholder during 939 either the state fiscal year in which its initial cardroom 940 license was issued or the state fiscal year immediately prior 941 thereto if the permitholder ran at least a full

schedule of live 942 racing or games in the prior year. If the application is for a 943 harness permitholder cardroom, the applicant must have requested 944 authorization to conduct a minimum of 140 live performances 945 during the state fiscal year immediately prior thereto. If more 946 than one permitholder is operating at a facility, each 947 permitholder must have applied for a license to conduct a full 948

schedule of live racing. 949

(13) TAXES AND OTHER PAYMENTS.— 950 (d)1. Each greyhound and jai alai permitholder that 951 conducts live performances and operates a cardroom facility 952 shall use at least 4 percent of such permitholder’s cardroom 953 monthly gross receipts to supplement greyhound purses or jai 954 alai prize money, respectively, during the permitholder’s next 955 ensuing pari-mutuel meet. 956 2. Each thoroughbred permitholder or and harness horse 957

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 34 of 36 CODING: Words stricken are deletions; words underlined are additions. racing permitholder that conducts live performances and operates 958 a cardroom facility shall use at least 50 percent of such 959 permitholder’s cardroom monthly net proceeds as follows: 47 960 percent to supplement purses and 3 percent to supplement 961 breeders’ awards during the permitholder’s next ensuing racing 962 meet. 963 3. No cardroom license or renewal thereof shall be issued 964 to an applicant holding a permit under

chapter 550 to conduct 965 pari-mutuel wagering meets of quarter horse racing and 966 conducting live performances unless the applicant has on file 967 with the division a binding written agreement between the 968 applicant and the Florida Quarter Horse Racing Association or 969 the association representing a majority of the horse owners and 970 trainers at the applicant’s eligible facility, governing the 971 payment of purses on live quarter horse races conducted at the 972 licensee’s pari-mutuel facility.

The agreement governing purses 973 may direct the payment of such purses from revenues generated by 974 any wagering or gaming the applicant is authorized to conduct 975 under Florida law. All purses shall be subject to the terms of 976

chapter 550. 977

Section 28. For the purpose of incorporating the amendment 978 made by this act to

section 550.002, Florida Statutes, in a 979 reference thereto, paragraph (

c) of subsection (2) of

section 980 380.0651, Florida Statutes, is reenacted to read: 981 380.0651 Statewide guidelines, standards, and exemptions.— 982

(2) STATUTORY EXEMPTIONS.—The following developments are 983 exempt from s. 380.06: 984 (

c) Any proposed addition to an existing sports facility 985 complex if the addition meets the following characteristics: 986

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 35 of 36 CODING: Words stricken are deletions; words underlined are additions. 1. It would not operate concurrently with the scheduled 987 hours of operation of the existing facility; 988 2. Its seating capacity would be no more than 75 percent of 989 the capacity of the existing facility; and 990 3.

The sports facility complex property was owned by a 991 public body before July 1, 1983. 992 993 This exemption does not apply to any pari-mutuel facility as 994 defined in s. 550.002. 995 996 If a use is exempt from review pursuant to paragraphs (a)-(u), 997 but will be part of a larger project that is subject to review 998 pursuant to s. 380.06(12), the impact of the exempt use must be 999 included in the review of the larger project, unless such exempt 1000 use involves a development that includes a landowner, tenant, or 1001 user that has entered into a funding agreement with the state 1002 land planning agency under the Innovation Incentive Program and 1003 the agreement contemplates a state award of at least $50 1004 million. 1005

Section 29. For the purpose of incorporating the amendment 1006 made by this act to

section 550.002, Florida Statutes, in a 1007 reference thereto, paragraph (

c) of subsection (4) of

section 1008 402.82, Florida Statutes, is reenacted to read: 1009 402.82 Electronic benefits transfer program.— 1010

(4) Use or acceptance of an electronic benefits transfer 1011 card is prohibited at the following locations or for the 1012 following activities: 1013 (

c) A pari-mutuel facility as defined in s. 550.002. 1014

Section 30. For the purpose of incorporating the amendment 1015

Florida Senate - 2021 SB 7080 580-04019-21 20217080__ Page 36 of 36 CODING: Words stricken are deletions; words underlined are additions. made by this act to

section 550.002, Florida Statutes, in a 1016 reference thereto, subsection (1) of

section 480.0475, Florida 1017 Statutes, is reenacted to read: 1018 480.0475 Massage establishments; prohibited practices.— 1019

(1) A person may not operate a massage establishment 1020 between the hours of midnight and 5 a.m. This subsection does 1021 not apply to a massage establishment: 1022 (

a) Located on the premises of a health care facility as 1023 defined in s. 408.07; a health care clinic as defined in s. 1024 400.9905(4); a hotel, motel, or bed and breakfast inn, as those 1025 terms are defined in s. 509.242; a timeshare property as defined 1026 in s. 721.05; a public airport as defined in s. 330.27; or a 1027 pari-mutuel facility as defined in s. 550.002; 1028 (

b) In which every massage performed between the hours of 1029 midnight and 5 a.m. is performed by a massage therapist acting 1030 under the prescription of a physician or physician assistant 1031 licensed under

chapter 458, an osteopathic physician or 1032 physician assistant licensed under

chapter 459, a chiropractic 1033 physician licensed under

chapter 460, a podiatric physician 1034 licensed under

chapter 461, an advanced practice registered 1035 nurse licensed under

part I of

chapter 464, or a dentist 1036 licensed under

chapter 466; or 1037 (

c) Operating during a special event if the county or 1038 municipality in which the establishment operates has approved 1039 such operation during the special event. 1040

Section 31. This act shall take effect July 1, 2021. 1041

Document details

Collection	Florida Bills
Citation	SB 7080
Type	bill
Language	en
Format	pdf
Source	FL_SENATE
Identifier	edabb145dd78cfdfac6db843126e04f99cc34430

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