June 02, 2020
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       Florida Senate - 2009                                    SB 2316
       
       
       
       By Senator Jones
       
       
       
       
       13-00852B-09                                          20092316__
    1                        A bill to be entitled                      
    2         An act relating to pari-mutuel facilities; amending s.
    3         550.002, F.S.; revising the definition of the term
    4         “full schedule of live racing or games” as it applies
    5         to quarter horse permitholders; amending s. 550.01215,
    6         F.S.; removing an exception to the required issuance
    7         date of licenses to conduct thoroughbred racing
    8         performances; amending s. 550.105, F.S.; revising
    9         provisions for business and occupational licenses;
   10         providing for a determination of fees for such
   11         licenses valid for more than 12 months; directing the
   12         Division of Pari-mutuel Wagering to adopt rules for
   13         licensing periods and renewal cycles; defining the
   14         term “convicted” as it applies to occupational license
   15         applicants; limiting application of the term
   16         “conviction”; revising the time period that a
   17         temporary occupational license may be valid; removing
   18         a requirement that an applicant’s signature be
   19         witnessed and notarized or signed in the presence of a
   20         division official; providing for retention of
   21         fingerprints and criminal history screening; providing
   22         for payment of fee for screenings; providing that the
   23         fee be established by rule of the Department of Law
   24         Enforcement; requiring that the cost of processing
   25         fingerprints and conducting a national criminal
   26         history record check for a general occupational
   27         license be borne by the slot machine licensee and for
   28         a business or professional occupational license be
   29         borne by the person being checked; requiring licensees
   30         to disclose certain convictions; amending s. 550.2415,
   31         F.S.; revising provisions prohibiting cruelty to
   32         animals; providing that the prohibition applies to any
   33         act of cruelty involving any animal; authorizing the
   34         division to inspect any area at a pari-mutuel facility
   35         for certain purposes; amending s. 550.334, F.S.;
   36         removing a provision for issuing a permit to conduct
   37         quarter horse race meetings; removing a provision for
   38         issuing a license to conduct quarter horse racing;
   39         removing provisions to revoke such permit or license
   40         for certain violations or failure to conduct live
   41         racing; removing an exception to specified permit
   42         application provisions; amending s. 550.3355, F.S.;
   43         revising the time period for a harness track summer
   44         season; repealing s. 550.3605, F.S., relating to use
   45         of electronic transmitting equipment on the premises
   46         of a horse or dog racetrack or jai alai fronton;
   47         amending s. 550.5251, F.S.; revising provisions for
   48         licensing to conduct thoroughbred racing; revising
   49         certain dates relating to licensing and the
   50         thoroughbred racing season; removing a provision for a
   51         summer thoroughbred horse racing permit; removing
   52         expired provisions relating to scheduled performances;
   53         amending s. 849.086, F.S.; revising provisions for
   54         initial and renewal issuance of a cardroom license;
   55         revising provisions for renewal of a cardroom
   56         occupational license; revising requirements for
   57         occupational licensee’s criminal records check;
   58         providing a limitation on occupational licensee fees;
   59         amending ss. 772.102 and 895.02, F.S.; correcting
   60         cross-references; providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Subsection (11) of section 550.002, Florida
   65  Statutes, is amended to read:
   66         550.002 Definitions.—As used in this chapter, the term:
   67         (11) “Full schedule of live racing or games” means, for a
   68  greyhound or jai alai permitholder, the conduct of a combination
   69  of at least 100 live evening or matinee performances during the
   70  preceding year; for a permitholder who has a converted permit or
   71  filed an application on or before June 1, 1990, for a converted
   72  permit, the conduct of a combination of at least 100 live
   73  evening and matinee wagering performances during either of the 2
   74  preceding years; for a jai alai permitholder who does not
   75  operate slot machines in its pari-mutuel facility, who has
   76  conducted at least 100 live performances per year for at least
   77  10 years after December 31, 1992, and whose handle on live jai
   78  alai games conducted at its pari-mutuel facility has been less
   79  than $4 million per state fiscal year for at least 2 consecutive
   80  years after June 30, 1992, the conduct of a combination of at
   81  least 40 live evening or matinee performances during the
   82  preceding year; for a jai alai permitholder who operates slot
   83  machines in its pari-mutuel facility, the conduct of a
   84  combination of at least 150 performances during the preceding
   85  year; for a harness permitholder, the conduct of at least 100
   86  live regular wagering performances during the preceding year;
   87  for a quarter horse permitholder at the permitholder’s facility,
   88  unless an alternative schedule of at least 20 live regular
   89  wagering performances is agreed upon by the permitholder and the
   90  horsemen’s association representing the majority of the quarter
   91  racehorse owners and trainers at the facility and filed with the
   92  division with its annual application, in the year 2009, the
   93  conduct of at least 20 live regular wagering performances, in
   94  the years 2010 and 2011, the conduct of at least 30 live regular
   95  wagering performances, and for every year after the year 2011,
   96  the conduct of at least 40 live regular wagering performances
   97  during the preceding year; for a quarter horse permitholder
   98  leasing another licensed racetrack, the conduct of 160 events at
   99  the leased facility; and for a thoroughbred permitholder, the
  100  conduct of at least 40 live regular wagering performances during
  101  the preceding year. For a permitholder which is restricted by
  102  statute to certain operating periods within the year when other
  103  members of its same class of permit are authorized to operate
  104  throughout the year, the specified number of live performances
  105  which constitute a full schedule of live racing or games shall
  106  be adjusted pro rata in accordance with the relationship between
  107  its authorized operating period and the full calendar year and
  108  the resulting specified number of live performances shall
  109  constitute the full schedule of live games for such permitholder
  110  and all other permitholders of the same class within 100 air
  111  miles of such permitholder. A live performance must consist of
  112  no fewer than eight races or games conducted live for each of a
  113  minimum of three performances each week at the permitholder’s
  114  licensed facility under a single admission charge.
  115         Section 2. Subsection (3) of section 550.01215, Florida
  116  Statutes, is amended to read:
  117         550.01215 License application; periods of operation; bond,
  118  conversion of permit.—
  119         (3) Except as provided in s. 550.5251 for thoroughbred
  120  racing, The division shall issue each license no later than
  121  March 15. Each permitholder shall operate all performances at
  122  the date and time specified on its license. The division shall
  123  have the authority to approve minor changes in racing dates
  124  after a license has been issued. The division may approve
  125  changes in racing dates after a license has been issued when
  126  there is no objection from any operating permitholder located
  127  within 50 miles of the permitholder requesting the changes in
  128  operating dates. In the event of an objection, the division
  129  shall approve or disapprove the change in operating dates based
  130  upon the impact on operating permitholders located within 50
  131  miles of the permitholder requesting the change in operating
  132  dates. In making the determination to change racing dates, the
  133  division shall take into consideration the impact of such
  134  changes on state revenues.
  135         Section 3. Subsections (1), (2), (5), (6), and (10) of
  136  section 550.105, Florida Statutes, are amended to read:
  137         550.105 Occupational licenses of racetrack employees; fees;
  138  denial, suspension, and revocation of license; penalties and
  139  fines.—
  140         (1) Each person connected with a racetrack or jai alai
  141  fronton, as specified in paragraph (2)(a), shall purchase from
  142  the division an annual occupational license, which license is
  143  valid from May 1 until June 30 of the following year. All moneys
  144  collected pursuant to this section each fiscal year shall be
  145  deposited into the Pari-mutuel Wagering Trust Fund. Any person
  146  may, at her or his option and Pursuant to the rules adopted by
  147  the division, purchase an occupational license may be valid for
  148  a period of up to 3 years for a fee that does not exceed if the
  149  purchaser of the license pays the full occupational license fee
  150  for each of the years for which the license is purchased at the
  151  time the 3-year license is requested. The occupational license
  152  shall be valid during its specified term at any pari-mutuel
  153  facility.
  154         (2)(a) The following licenses shall be issued to persons or
  155  entities with access to the backside, racing animals, jai alai
  156  players’ room, jockeys’ room, drivers’ room, totalisator room,
  157  the mutuels, or money room, or to persons who, by virtue of the
  158  position they hold, might be granted access to these areas or to
  159  any other person or entity in one of the following categories
  160  and with scheduled annual fees as follows:
  161         1. Business licenses: any business such as a vendor,
  162  contractual concessionaire, contract kennel, business owning
  163  racing animals, trust or estate, totalisator company, stable
  164  name, or other fictitious name: fee shall not exceed $50 for any
  165  12-month period.
  166         2. Professional occupational licenses: professional persons
  167  with access to the backside of a racetrack or players’ quarters
  168  in jai alai such as trainers, officials, veterinarians, doctors,
  169  nurses, EMT’s, jockeys and apprentices, drivers, jai alai
  170  players, owners, trustees, or any management or officer or
  171  director or shareholder or any other professional-level person
  172  who might have access to the jockeys’ room, the drivers’ room,
  173  the backside, racing animals, kennel compound, or managers or
  174  supervisors requiring access to mutuels machines, the money
  175  room, or totalisator equipment: fee shall not exceed $40 for any
  176  12-month period.
  177         3. General occupational licenses: general employees with
  178  access to the jockeys’ room, the drivers’ room, racing animals,
  179  the backside of a racetrack or players’ quarters in jai alai,
  180  such as grooms, kennel helpers, leadouts, pelota makers, cesta
  181  makers, or ball boys, or a practitioner of any other occupation
  182  who would have access to the animals, the backside, or the
  183  kennel compound, or who would provide the security or
  184  maintenance of these areas, or mutuel employees, totalisator
  185  employees, money-room employees, or any employee with access to
  186  mutuels machines, the money room, or totalisator equipment or
  187  who would provide the security or maintenance of these areas:
  188  fee shall not exceed $10 for any 12 month-period.
  189  
  190  The individuals and entities that are licensed under this
  191  paragraph require heightened state scrutiny, including the
  192  submission by the individual licensees or persons associated
  193  with the entities described in this chapter of fingerprints for
  194  a Federal Bureau of Investigation criminal records check.
  195         (b) The division shall adopt rules pertaining to pari
  196  mutuel occupational licenses, licensing periods, and renewal
  197  cycles.
  198         (5)(a) The division may:
  199         1. Deny a license to or revoke, suspend, or place
  200  conditions upon or restrictions on a license of any person who
  201  has been refused a license by any other state racing commission
  202  or racing authority;
  203         2. Deny, suspend, or place conditions on a license of any
  204  person who is under suspension or has unpaid fines in another
  205  jurisdiction; if the state racing commission or racing authority
  206  of such other state or jurisdiction extends to the division
  207  reciprocal courtesy to maintain the disciplinary control.
  208         (b) The division may deny, suspend, revoke, or declare
  209  ineligible any occupational license if the applicant for or
  210  holder thereof has violated the provisions of this chapter or
  211  the rules of the division governing the conduct of persons
  212  connected with racetracks and frontons. In addition, the
  213  division may deny, suspend, revoke, or declare ineligible any
  214  occupational license if the applicant for such license has been
  215  convicted in this state, in any other state, or under the laws
  216  of the United States of a capital felony, a felony, or an
  217  offense in any other state which would be a felony under the
  218  laws of this state involving arson; trafficking in, conspiracy
  219  to traffic in, smuggling, importing, conspiracy to smuggle or
  220  import, or delivery, sale, or distribution of a controlled
  221  substance; or a crime involving a lack of good moral character,
  222  or has had a pari-mutuel license revoked by this state or any
  223  other jurisdiction for an offense related to pari-mutuel
  224  wagering.
  225         (c) The division may deny, declare ineligible, or revoke
  226  any occupational license if the applicant for such license has
  227  been convicted of a felony or misdemeanor in this state, in any
  228  other state, or under the laws of the United States, if such
  229  felony or misdemeanor is related to gambling or bookmaking, as
  230  contemplated in s. 849.25, or involves cruelty to animals. If
  231  the applicant establishes that she or he is of good moral
  232  character, that she or he has been rehabilitated, and that the
  233  crime she or he was convicted of is not related to pari-mutuel
  234  wagering and is not a capital offense, the restrictions
  235  excluding offenders may be waived by the director of the
  236  division.
  237         (d)For purposes of this subsection, the term “convicted”
  238  means having been found guilty, with or without adjudication of
  239  guilt, as a result of a jury verdict, nonjury trial, or entry of
  240  a plea of guilty or nolo contendere. However, the term
  241  “conviction” shall not be applied to a crime committed prior to
  242  the effective date of this subsection in a manner that would
  243  invalidate any occupational license issued prior to the
  244  effective date of this subsection or subsequent renewal for any
  245  person holding such a license.
  246         (e)(d) If an occupational license will expire by division
  247  rule during the period of a suspension the division intends to
  248  impose, or if a license would have expired but for pending
  249  administrative charges and the occupational licensee is found to
  250  be in violation of any of the charges, the license may be
  251  revoked and a time period of license ineligibility may be
  252  declared. The division may bring administrative charges against
  253  any person not holding a current license for violations of
  254  statutes or rules which occurred while such person held an
  255  occupational license, and the division may declare such person
  256  ineligible to hold a license for a period of time. The division
  257  may impose a civil fine of up to $1,000 for each violation of
  258  the rules of the division in addition to or in lieu of any other
  259  penalty provided for in this section. In addition to any other
  260  penalty provided by law, the division may exclude from all pari
  261  mutuel facilities in this state, for a period not to exceed the
  262  period of suspension, revocation, or ineligibility, any person
  263  whose occupational license application has been denied by the
  264  division, who has been declared ineligible to hold an
  265  occupational license, or whose occupational license has been
  266  suspended or revoked by the division.
  267         (f)(e) The division may cancel any occupational license
  268  that has been voluntarily relinquished by the licensee.
  269         (6) In order to promote the orderly presentation of pari
  270  mutuel meets authorized in this chapter, the division may issue
  271  a temporary occupational license. The division shall adopt rules
  272  to implement this subsection. However, no temporary occupational
  273  license shall be valid for more than 90 30 days, and no more
  274  than one temporary license may be issued for any person in any
  275  year.
  276         (10)(a) Upon application for an occupational license, the
  277  division may require the applicant’s full legal name; any
  278  nickname, alias, or maiden name for the applicant; name of the
  279  applicant’s spouse; the applicant’s date of birth, residence
  280  address, mailing address, residence address and business phone
  281  number, and social security number; disclosure of any felony or
  282  any conviction involving bookmaking, illegal gambling, or
  283  cruelty to animals; disclosure of any past or present
  284  enforcement or actions by any racing or gaming agency against
  285  the applicant; and any information the division determines is
  286  necessary to establish the identity of the applicant or to
  287  establish that the applicant is of good moral character.
  288  Fingerprints shall be taken in a manner approved by the division
  289  and then shall be submitted to the Federal Bureau of
  290  Investigation, or to the association of state officials
  291  regulating pari-mutuel wagering pursuant to the Federal Pari
  292  mutuel Licensing Simplification Act of 1988. The cost of
  293  processing fingerprints shall be borne by the applicant and paid
  294  to the association of state officials regulating pari-mutuel
  295  wagering from the trust fund to which the processing fees are
  296  deposited. The division shall require each applicant for an
  297  occupational license to have the applicant’s signature witnessed
  298  and notarized or signed in the presence of a division official.
  299  The division, by rule, may require additional information from
  300  licensees which is reasonably necessary to regulate the
  301  industry. The division may, by rule, exempt certain occupations
  302  or groups of persons from the fingerprinting requirements.
  303         (b)All fingerprints required by this section that are
  304  submitted to the Department of Law Enforcement shall be retained
  305  by the Department of Law Enforcement and entered into the
  306  statewide automated fingerprint identification system as
  307  authorized by s. 943.05(2)(b) and shall be available for all
  308  purposes and uses authorized for arrest fingerprint cards
  309  entered into the statewide automated fingerprint identification
  310  system pursuant to s. 943.051.
  311         (c)The Department of Law Enforcement shall search all
  312  arrest fingerprints received pursuant to s. 943.051 against the
  313  fingerprints retained in the statewide automated fingerprint
  314  identification system under paragraph (b). Any arrest record
  315  that is identified with the retained fingerprints of a person
  316  subject to the criminal history screening requirements of this
  317  section shall be reported to the division. Each licensee shall
  318  pay a fee to the division for the cost of retention of the
  319  fingerprints and the ongoing searches under this paragraph. The
  320  division shall forward the payment to the Department of Law
  321  Enforcement. The amount of the fee to be imposed for performing
  322  these searches and the procedures for the retention of licensee
  323  fingerprints shall be as established by rule of the Department
  324  of Law Enforcement. The division shall inform the Department of
  325  Law Enforcement of any change in the license status of licensees
  326  whose fingerprints are retained under paragraph (b).
  327         (d)The division shall request the Department of Law
  328  Enforcement to forward the fingerprints to the Federal Bureau of
  329  Investigation for a national criminal history records check at
  330  least once every 5 years following issuance of a license. If the
  331  fingerprints of a person who is licensed have not been retained
  332  by the Department of Law Enforcement, the person must file a
  333  complete set of fingerprints as provided in paragraph (a). The
  334  division shall collect the fees for the cost of the national
  335  criminal history record check under this paragraph and forward
  336  the payment to the Department of Law Enforcement. The cost of
  337  processing fingerprints and conducting a criminal history record
  338  check under this paragraph for a general occupational license
  339  shall be borne by the applicant. The cost of processing
  340  fingerprints and conducting a criminal history record check
  341  under this paragraph for a business or professional occupational
  342  license shall be borne by the person being checked. The
  343  Department of Law Enforcement may invoice the division for the
  344  fingerprints submitted each month. Under penalty of perjury,
  345  each person who is licensed or who is fingerprinted as required
  346  by this section must agree to inform the division within 48
  347  hours if he or she is convicted of or has entered a plea of
  348  guilty or nolo contendere to any disqualifying offense,
  349  regardless of adjudication.
  350         Section 4. Subsection (6) of section 550.2415, Florida
  351  Statutes, is amended to read:
  352         550.2415 Racing of animals under certain conditions
  353  prohibited; penalties; exceptions.—
  354         (6)(a) It is the intent of the Legislature that animals
  355  that participate in races in this state on which pari-mutuel
  356  wagering is conducted and animals that are bred and trained in
  357  this state for racing be treated humanely, both on and off
  358  racetracks, throughout the lives of the animals.
  359         (b) The division shall, by rule, establish the procedures
  360  for euthanizing greyhounds. However, a greyhound may not be put
  361  to death by any means other than by lethal injection of the drug
  362  sodium pentobarbital. A greyhound may not be removed from this
  363  state for the purpose of being destroyed.
  364         (c) It is a violation of this chapter for an occupational
  365  licensee to train a greyhound using live or dead animals. A
  366  greyhound may not be taken from this state for the purpose of
  367  being trained through the use of live or dead animals.
  368         (d) Any act committed by any licensee that would constitute
  369  A conviction of cruelty to animals as defined in s. 828.02
  370  pursuant to s. 828.12 involving any a racing animal constitutes
  371  a violation of this chapter. Imposition of any penalty by the
  372  division for violation of this chapter or any rule adopted by
  373  the division pursuant to this chapter shall not prohibit a
  374  criminal prosecution for cruelty to animals.
  375         (e)The division may inspect any area at a pari-mutuel
  376  facility where racing animals are raced, trained, housed, or
  377  maintained, including any areas where food, medications, or
  378  other supplies are kept, to ensure the humane treatment of
  379  racing animals and compliance with this chapter and the rules of
  380  the division.
  381         Section 5. Section 550.334, Florida Statutes, is amended to
  382  read:
  383         550.334 Quarter horse racing; substitutions.—
  384         (1)Subject to all the applicable provisions of this
  385  chapter, any person who possesses the qualifications prescribed
  386  in this chapter may apply to the division for a permit to
  387  conduct quarter horse race meetings and racing under this
  388  chapter. The applicant must demonstrate that the location or
  389  locations where the permit will be used are available for such
  390  use and that she or he has the financial ability to satisfy the
  391  reasonably anticipated operational expenses of the first racing
  392  year following final issuance of the permit. If the racing
  393  facility is already built, the application must contain a
  394  statement, with reasonable supporting evidence, that the permit
  395  will be used for quarter horse racing within 1 year after the
  396  date on which it is granted; if the facility is not already
  397  built, the application must contain a statement, with reasonable
  398  supporting evidence, that substantial construction will be
  399  started within 1 year after the issuance of the permit. After
  400  receipt of an application, the division shall convene to
  401  consider and act upon permits applied for. The division shall
  402  disapprove an application if it fails to meet the requirements
  403  of this chapter. Upon each application filed and approved, a
  404  permit shall be issued setting forth the name of the applicant
  405  and a statement showing qualifications of the applicant to
  406  conduct racing under this chapter. If a favorable referendum on
  407  a pari-mutuel facility has not been held previously within the
  408  county, then, before a quarter horse permit may be issued by the
  409  division, a referendum ratified by a majority of the electors in
  410  the county is required on the question of allowing quarter horse
  411  races within that county.
  412         (2)After a quarter horse racing permit has been granted by
  413  the division, the department shall grant to the lawful holder of
  414  such permit, subject to the conditions of this section, a
  415  license to conduct quarter horse racing under this chapter; and
  416  the division shall fix annually the time when, place where, and
  417  number of days upon which racing may be conducted by such
  418  quarter horse racing permitholder. After the first license has
  419  been issued to the holder of a permit for quarter horse racing,
  420  all subsequent annual applications for a license by a
  421  permitholder must be accompanied by proof, in such form as the
  422  division requires, that the permitholder still possesses all the
  423  qualifications prescribed by this chapter. The division may
  424  revoke any permit or license issued under this section upon the
  425  willful violation by the licensee of any provision of this
  426  chapter or any rule adopted by the division under this chapter.
  427  The division shall revoke any quarter horse permit under which
  428  no live racing has ever been conducted before July 7, 1990, for
  429  failure to conduct a horse meet pursuant to the license issued
  430  where a full schedule of horseracing has not been conducted for
  431  a period of 18 months commencing on October 1, 1990, unless the
  432  permitholder has commenced construction on a facility at which a
  433  full schedule of live racing could be conducted as approved by
  434  the division. “Commenced construction” means initiation of and
  435  continuous activities beyond site preparation associated with
  436  erecting or modifying a horseracing facility, including
  437  procurement of a building permit applying the use of approved
  438  construction documents, proof of an executed owner/contractor
  439  agreement or an irrevocable or binding forced account, and
  440  actual undertaking of foundation forming with steel installation
  441  and concrete placing. The 18-month period shall be extended by
  442  the division, to the extent that the applicant demonstrates to
  443  the satisfaction of the division that good faith commencement of
  444  the construction of the facility is being delayed by litigation
  445  or by governmental action or inaction with respect to
  446  regulations or permitting precluding commencement of the
  447  construction of the facility.
  448         (1)(3) The operator of any licensed racetrack is authorized
  449  to lease such track to any quarter horse racing permitholder for
  450  the conduct of quarter horse racing under this chapter.
  451         (4)Section 550.054 is inapplicable to quarter horse racing
  452  as permitted under this section. All other provisions of this
  453  chapter apply to, govern, and control such racing, and the same
  454  must be conducted in compliance therewith.
  455         (2)(5) Quarter horses participating in such races must be
  456  duly registered by the American Quarter Horse Association, and
  457  before each race such horses must be examined and declared in
  458  fit condition by a qualified person designated by the division.
  459         (3)(6) Any quarter horse racing days permitted under this
  460  chapter are in addition to any other racing permitted under the
  461  license issued the track where such quarter horse racing is
  462  conducted.
  463         (4)(7)(a) Any quarter horse racing permitholder operating
  464  under a valid permit issued by the division is authorized to
  465  substitute races of other breeds of horses, except
  466  thoroughbreds, which are, respectively, registered with the
  467  American Paint Horse Association, Appaloosa Horse Club, Arabian
  468  Horse Registry of America, Palomino Horse Breeders of America,
  469  or United States Trotting Association, for no more than 50
  470  percent of the quarter horse races daily, and may substitute
  471  races of thoroughbreds registered with the Jockey Club for no
  472  more than 50 percent of the quarter horse races daily with the
  473  written consent of all greyhound, harness, and thoroughbred
  474  permitholders whose pari-mutuel facilities are located within 50
  475  air miles of such quarter horse racing permitholder’s pari
  476  mutuel facility.
  477         (b) Any permittee operating within an area of 50 air miles
  478  of a licensed thoroughbred track may not substitute thoroughbred
  479  races under this section while a thoroughbred horse race meet is
  480  in progress within that 50 miles. Any permittee operating within
  481  an area of 125 air miles of a licensed thoroughbred track may
  482  not substitute live thoroughbred races under this section while
  483  a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
  484  is conducting a thoroughbred meet within that 125 miles. These
  485  mileage restrictions do not apply to any permittee that holds a
  486  nonwagering permit issued pursuant to s. 550.505.
  487         (5)(8) A quarter horse permit issued pursuant to this
  488  section is not eligible for transfer or conversion to another
  489  type of pari-mutuel operation.
  490         (6)(9) Any nonprofit corporation, including, but not
  491  limited to, an agricultural cooperative marketing association,
  492  organized and incorporated under the laws of this state may
  493  apply for a quarter horse racing permit and operate racing meets
  494  under such permit, provided all pari-mutuel taxes and fees
  495  applicable to such racing are paid by the corporation. However,
  496  insofar as its pari-mutuel operations are concerned, the
  497  corporation shall be considered to be a corporation for profit
  498  and is subject to taxation on all property used and profits
  499  earned in connection with its pari-mutuel operations.
  500         (7)(10) Intertrack wagering shall not be authorized for any
  501  quarter horse permitholder without the written consent of all
  502  greyhound, harness, and thoroughbred permitholders whose pari
  503  mutuel facilities are located within 50 air miles of such
  504  quarter horse permitholder’s pari-mutuel facility.
  505         Section 6. Section 550.3355, Florida Statutes, is amended
  506  to read:
  507         550.3355 Harness track licenses for summer quarter horse
  508  racing.—Any harness track licensed to operate under the
  509  provisions of s. 550.375 may make application for, and shall be
  510  issued by the division, a license to operate not more than 50
  511  quarter horse racing days during the summer season, which shall
  512  extend from July June 1 until October September 1 of each year.
  513  However, this license to operate quarter horse racing for 50
  514  days is in addition to the racing days and dates provided in s.
  515  550.375 for harness racing during the winter seasons; and, it
  516  does not affect the right of such licensee to operate harness
  517  racing at the track as provided in s. 550.375 during the winter
  518  season. All provisions of this chapter governing quarter horse
  519  racing not in conflict herewith apply to the operation of
  520  quarter horse meetings authorized hereunder, except that all
  521  quarter horse racing permitted hereunder shall be conducted at
  522  night.
  523         Section 7. Section 550.3605, Florida Statutes, is repealed.
  524         Section 8. Section 550.5251, Florida Statutes, is amended
  525  to read:
  526         550.5251 Florida thoroughbred racing; certain permits;
  527  operating days.—
  528         (1)Each thoroughbred permitholder under whose permit
  529  thoroughbred racing was conducted in this state at any time
  530  between January 1, 1987, and January 1, 1988, shall annually be
  531  entitled to apply for and annually receive thoroughbred racing
  532  days and dates as set forth in this section. As regards such
  533  permitholders, the annual thoroughbred racing season shall be
  534  from June 1 of any year through May 31 of the following year and
  535  shall be known as the “Florida Thoroughbred Racing Season.”
  536         (1)(2) Each thoroughbred permitholder referred to in
  537  subsection (1) shall annually, during the period commencing
  538  December 15 of each year and ending January 4 of the following
  539  year, file in writing with the division its application to
  540  conduct one or more thoroughbred racing meetings during the
  541  thoroughbred racing season commencing on the following July June
  542  1. Each application shall specify the number and dates of all
  543  performances that the permitholder intends to conduct during
  544  that thoroughbred racing season. On or before March February 15
  545  of each year, the division shall issue a license authorizing
  546  each permitholder to conduct performances on the dates specified
  547  in its application. Up to February 28 March 31 of each year,
  548  each permitholder may request and shall be granted changes in
  549  its authorized performances; but thereafter, as a condition
  550  precedent to the validity of its license and its right to retain
  551  its permit, each permitholder must operate the full number of
  552  days authorized on each of the dates set forth in its license.
  553         (3)Each thoroughbred permit referred to in subsection (1),
  554  including, but not limited to, any permit originally issued as a
  555  summer thoroughbred horse racing permit, is hereby validated and
  556  shall continue in full force and effect.
  557         (2)(4) A thoroughbred racing permitholder may not begin any
  558  race later than 7 p.m. Any thoroughbred permitholder in a county
  559  in which the authority for cardrooms has been approved by the
  560  board of county commissioners may operate a cardroom and, when
  561  conducting live races during its current race meet, may receive
  562  and rebroadcast out-of-state races after the hour of 7 p.m. on
  563  any day during which the permitholder conducts live races.
  564         (3)(5)(a) Each licensed thoroughbred permitholder in this
  565  state must run an average of one race per racing day in which
  566  horses bred in this state and duly registered with the Florida
  567  Thoroughbred Breeders’ Association have preference as entries
  568  over non-Florida-bred horses. All licensed thoroughbred
  569  racetracks shall write the conditions for such races in which
  570  Florida-bred horses are preferred so as to assure that all
  571  Florida-bred horses available for racing at such tracks are
  572  given full opportunity to run in the class of races for which
  573  they are qualified. The opportunity of running must be afforded
  574  to each class of horses in the proportion that the number of
  575  horses in this class bears to the total number of Florida-bred
  576  horses available. A track is not required to write conditions
  577  for a race to accommodate a class of horses for which a race
  578  would otherwise not be run at the track during its meeting.
  579         (b) Each licensed thoroughbred permitholder in this state
  580  may run one additional race per racing day composed exclusively
  581  of Arabian horses registered with the Arabian Horse Registry of
  582  America. Any licensed thoroughbred permitholder that elects to
  583  run one additional race per racing day composed exclusively of
  584  Arabian horses registered with the Arabian Horse Registry of
  585  America is not required to provide stables for the Arabian
  586  horses racing under this paragraph.
  587         (c) Each licensed thoroughbred permitholder in this state
  588  may run up to three additional races per racing day composed
  589  exclusively of quarter horses registered with the American
  590  Quarter Horse Association.
  591         (6)Notwithstanding the provisions of subsection (2), a
  592  thoroughbred permitholder who fails to operate all performances
  593  on its 2001-2002 license does not lose its right to retain its
  594  permit. Such thoroughbred permitholder is eligible for issuance
  595  of an annual license pursuant to s. 550.0115 for subsequent
  596  thoroughbred racing seasons. The division shall take no
  597  disciplinary action against such thoroughbred permitholder for
  598  failure to operate all licensed performances for the 2001-2002
  599  license pursuant to this section or s. 550.01215. This section
  600  may not be interpreted to prohibit the division from taking
  601  disciplinary action against a thoroughbred permitholder for
  602  failure to pay taxes on performances operated pursuant to its
  603  2001-2002 license. This subsection expires July 1, 2003.
  604         (7)A thoroughbred permitholder shall file an amendment
  605  with the division no later than July 1, 2002, that indicates
  606  that it will not be able to operate the performances scheduled
  607  on its 2002-2003 license without imposition of any penalty for
  608  failure to operate all licensed performances provided in this
  609  chapter. This subsection expires July 1, 2003.
  610         Section 9. Paragraphs (a) and (b) of subsection (5) and
  611  subsection (6) of section 849.086, Florida Statutes, are amended
  612  to read:
  613         849.086 Cardrooms authorized.—
  614         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
  615  operate a cardroom in this state unless such person holds a
  616  valid cardroom license issued pursuant to this section.
  617         (a) Only those persons holding a valid cardroom license
  618  issued by the division may operate a cardroom. A cardroom
  619  license may only be issued to a licensed pari-mutuel
  620  permitholder and an authorized cardroom may only be operated at
  621  the same facility at which the permitholder is authorized under
  622  its valid pari-mutuel wagering permit to conduct pari-mutuel
  623  wagering activities. An initial cardroom license shall only be
  624  issued to a pari-mutuel permitholder if the permitholder is
  625  licensed to conduct a full schedule of live races or games as
  626  defined in s. 550.002(11) during the state fiscal year in which
  627  the initial cardroom license is issued.
  628         (b) After the initial cardroom license is granted, the
  629  application for the annual license renewal shall be made in
  630  conjunction with the applicant’s annual application for its
  631  pari-mutuel license. If a permitholder has operated a cardroom
  632  during any of the 3 previous fiscal years and fails to include a
  633  renewal request for the operation of the cardroom in its annual
  634  application for license renewal, the permitholder may amend its
  635  annual application to include operation of the cardroom. In
  636  order for a cardroom license to be renewed the applicant must
  637  have requested, as part of its pari-mutuel annual license
  638  application, to conduct at least 90 percent of the total number
  639  of live performances conducted by such permitholder during
  640  either the state fiscal year in which its initial cardroom
  641  license was issued or the state fiscal year immediately prior
  642  thereto if the permitholder ran at least a full schedule of live
  643  races or games in the prior year. If the application is for a
  644  harness permitholder cardroom, the applicant must have requested
  645  authorization to conduct a minimum of 140 live performances
  646  during the state fiscal year immediately prior thereto. If more
  647  than one permitholder is operating at a facility, each
  648  permitholder must have applied for a license to conduct a full
  649  schedule of live racing.
  650         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
  651  APPLICATION; FEES.—
  652         (a) A person employed or otherwise working in a cardroom as
  653  a cardroom manager, floor supervisor, pit boss, dealer, or any
  654  other activity related to cardroom operations while the facility
  655  is conducting card playing or games of dominoes must hold a
  656  valid cardroom employee occupational license issued by the
  657  division. Food service, maintenance, and security employees with
  658  a current pari-mutuel occupational license and a current
  659  background check will not be required to have a cardroom
  660  employee occupational license.
  661         (b) Any cardroom management company or cardroom distributor
  662  associated with cardroom operations must hold a valid cardroom
  663  business occupational license issued by the division.
  664         (c) No licensed cardroom operator may employ or allow to
  665  work in a cardroom any person unless such person holds a valid
  666  occupational license. No licensed cardroom operator may
  667  contract, or otherwise do business with, a business required to
  668  hold a valid cardroom business occupational license, unless the
  669  business holds such a valid license.
  670         (d) The division shall establish, by rule, a schedule for
  671  the annual renewal of cardroom occupational licenses. Cardroom
  672  occupational licenses are not transferable.
  673         (e) Persons seeking cardroom occupational licenses, or
  674  renewal thereof, shall make application on forms prescribed by
  675  the division. Applications for cardroom occupational licenses
  676  shall contain all of the information the division, by rule, may
  677  determine is required to ensure eligibility.
  678         (f) The division shall promulgate rules regarding cardroom
  679  occupational licenses. The provisions specified in s.
  680  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
  681  shall be applicable to cardroom occupational licenses.
  682         (g) The division may deny, declare ineligible, or revoke
  683  any cardroom occupational license if the applicant or holder
  684  thereof has been found guilty or had adjudication withheld in
  685  this state or any other state, or under the laws of the United
  686  States of a felony or misdemeanor involving forgery, larceny,
  687  extortion, conspiracy to defraud, or filing false reports to a
  688  government agency, racing or gaming commission or authority.
  689         (h) Fingerprints for all cardroom occupational license
  690  applications shall be taken in a manner approved by the division
  691  and then shall be submitted to the Florida Department of Law
  692  Enforcement and the Federal Bureau of Investigation for a
  693  criminal records check upon initial application and at least
  694  every 5 years thereafter. The division may by rule require an
  695  annual record check of all renewal applications for a cardroom
  696  occupational license. The cost of processing fingerprints and
  697  conducting a record check shall be borne by the applicant.
  698         (i) The cardroom employee occupational license fee shall
  699  not exceed be $50 for any 12-month period. The cardroom business
  700  occupational license fee shall not exceed be $250 for any 12
  701  month period.
  702         Section 10. Paragraph (a) of subsection (1) and paragraph
  703  (a) of subsection (2) of section 772.102, Florida Statutes, are
  704  amended to read:
  705         772.102 Definitions.—As used in this chapter, the term:
  706         (1) “Criminal activity” means to commit, to attempt to
  707  commit, to conspire to commit, or to solicit, coerce, or
  708  intimidate another person to commit:
  709         (a) Any crime that is chargeable by indictment or
  710  information under the following provisions:
  711         1. Section 210.18, relating to evasion of payment of
  712  cigarette taxes.
  713         2. Section 414.39, relating to public assistance fraud.
  714         3. Section 440.105 or s. 440.106, relating to workers’
  715  compensation.
  716         4. Part IV of chapter 501, relating to telemarketing.
  717         5. Chapter 517, relating to securities transactions.
  718         6. Section 550.235 or, s. 550.3551, or s. 550.3605,
  719  relating to dogracing and horseracing.
  720         7. Chapter 550, relating to jai alai frontons.
  721         8. Chapter 552, relating to the manufacture, distribution,
  722  and use of explosives.
  723         9. Chapter 562, relating to beverage law enforcement.
  724         10. Section 624.401, relating to transacting insurance
  725  without a certificate of authority, s. 624.437(4)(c)1., relating
  726  to operating an unauthorized multiple-employer welfare
  727  arrangement, or s. 626.902(1)(b), relating to representing or
  728  aiding an unauthorized insurer.
  729         11. Chapter 687, relating to interest and usurious
  730  practices.
  731         12. Section 721.08, s. 721.09, or s. 721.13, relating to
  732  real estate timeshare plans.
  733         13. Chapter 782, relating to homicide.
  734         14. Chapter 784, relating to assault and battery.
  735         15. Chapter 787, relating to kidnapping or human
  736  trafficking.
  737         16. Chapter 790, relating to weapons and firearms.
  738         17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
  739  796.07, relating to prostitution.
  740         18. Chapter 806, relating to arson.
  741         19. Section 810.02(2)(c), relating to specified burglary of
  742  a dwelling or structure.
  743         20. Chapter 812, relating to theft, robbery, and related
  744  crimes.
  745         21. Chapter 815, relating to computer-related crimes.
  746         22. Chapter 817, relating to fraudulent practices, false
  747  pretenses, fraud generally, and credit card crimes.
  748         23. Section 827.071, relating to commercial sexual
  749  exploitation of children.
  750         24. Chapter 831, relating to forgery and counterfeiting.
  751         25. Chapter 832, relating to issuance of worthless checks
  752  and drafts.
  753         26. Section 836.05, relating to extortion.
  754         27. Chapter 837, relating to perjury.
  755         28. Chapter 838, relating to bribery and misuse of public
  756  office.
  757         29. Chapter 843, relating to obstruction of justice.
  758         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  759  s. 847.07, relating to obscene literature and profanity.
  760         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  761  849.25, relating to gambling.
  762         32. Chapter 893, relating to drug abuse prevention and
  763  control.
  764         33. Section 914.22 or s. 914.23, relating to witnesses,
  765  victims, or informants.
  766         34. Section 918.12 or s. 918.13, relating to tampering with
  767  jurors and evidence.
  768         (2) “Unlawful debt” means any money or other thing of value
  769  constituting principal or interest of a debt that is legally
  770  unenforceable in this state in whole or in part because the debt
  771  was incurred or contracted:
  772         (a) In violation of any one of the following provisions of
  773  law:
  774         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
  775  relating to dogracing and horseracing.
  776         2. Chapter 550, relating to jai alai frontons.
  777         3. Section 687.071, relating to criminal usury, loan
  778  sharking, and shylocking.
  779         4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  780  849.25, relating to gambling.
  781         Section 11. Paragraph (a) of subsection (1) and paragraph
  782  (a) of subsection (2) of section 895.02, Florida Statutes, are
  783  amended to read:
  784         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  785         (1) “Racketeering activity” means to commit, to attempt to
  786  commit, to conspire to commit, or to solicit, coerce, or
  787  intimidate another person to commit:
  788         (a) Any crime that is chargeable by petition, indictment,
  789  or information under the following provisions of the Florida
  790  Statutes:
  791         1. Section 210.18, relating to evasion of payment of
  792  cigarette taxes.
  793         2. Section 316.1935, relating to fleeing or attempting to
  794  elude a law enforcement officer and aggravated fleeing or
  795  eluding.
  796         3. Section 403.727(3)(b), relating to environmental
  797  control.
  798         4. Section 409.920 or s. 409.9201, relating to Medicaid
  799  fraud.
  800         5. Section 414.39, relating to public assistance fraud.
  801         6. Section 440.105 or s. 440.106, relating to workers’
  802  compensation.
  803         7. Section 443.071(4), relating to creation of a fictitious
  804  employer scheme to commit unemployment compensation fraud.
  805         8. Section 465.0161, relating to distribution of medicinal
  806  drugs without a permit as an Internet pharmacy.
  807         9. Section 499.0051, relating to crimes involving
  808  contraband and adulterated drugs.
  809         10. Part IV of chapter 501, relating to telemarketing.
  810         11. Chapter 517, relating to sale of securities and
  811  investor protection.
  812         12. Section 550.235 or, s. 550.3551, or s. 550.3605,
  813  relating to dogracing and horseracing.
  814         13. Chapter 550, relating to jai alai frontons.
  815         14. Section 551.109, relating to slot machine gaming.
  816         15. Chapter 552, relating to the manufacture, distribution,
  817  and use of explosives.
  818         16. Chapter 560, relating to money transmitters, if the
  819  violation is punishable as a felony.
  820         17. Chapter 562, relating to beverage law enforcement.
  821         18. Section 624.401, relating to transacting insurance
  822  without a certificate of authority, s. 624.437(4)(c)1., relating
  823  to operating an unauthorized multiple-employer welfare
  824  arrangement, or s. 626.902(1)(b), relating to representing or
  825  aiding an unauthorized insurer.
  826         19. Section 655.50, relating to reports of currency
  827  transactions, when such violation is punishable as a felony.
  828         20. Chapter 687, relating to interest and usurious
  829  practices.
  830         21. Section 721.08, s. 721.09, or s. 721.13, relating to
  831  real estate timeshare plans.
  832         22. Section 775.13(5)(b), relating to registration of
  833  persons found to have committed any offense for the purpose of
  834  benefiting, promoting, or furthering the interests of a criminal
  835  gang.
  836         23. Section 777.03, relating to commission of crimes by
  837  accessories after the fact.
  838         24. Chapter 782, relating to homicide.
  839         25. Chapter 784, relating to assault and battery.
  840         26. Chapter 787, relating to kidnapping or human
  841  trafficking.
  842         27. Chapter 790, relating to weapons and firearms.
  843         28. Chapter 794, relating to sexual battery, but only if
  844  such crime was committed with the intent to benefit, promote, or
  845  further the interests of a criminal gang, or for the purpose of
  846  increasing a criminal gang member’s own standing or position
  847  within a criminal gang.
  848         29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
  849  796.05, or s. 796.07, relating to prostitution and sex
  850  trafficking.
  851         30. Chapter 806, relating to arson and criminal mischief.
  852         31. Chapter 810, relating to burglary and trespass.
  853         32. Chapter 812, relating to theft, robbery, and related
  854  crimes.
  855         33. Chapter 815, relating to computer-related crimes.
  856         34. Chapter 817, relating to fraudulent practices, false
  857  pretenses, fraud generally, and credit card crimes.
  858         35. Chapter 825, relating to abuse, neglect, or
  859  exploitation of an elderly person or disabled adult.
  860         36. Section 827.071, relating to commercial sexual
  861  exploitation of children.
  862         37. Chapter 831, relating to forgery and counterfeiting.
  863         38. Chapter 832, relating to issuance of worthless checks
  864  and drafts.
  865         39. Section 836.05, relating to extortion.
  866         40. Chapter 837, relating to perjury.
  867         41. Chapter 838, relating to bribery and misuse of public
  868  office.
  869         42. Chapter 843, relating to obstruction of justice.
  870         43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
  871  s. 847.07, relating to obscene literature and profanity.
  872         44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  873  849.25, relating to gambling.
  874         45. Chapter 874, relating to criminal gangs.
  875         46. Chapter 893, relating to drug abuse prevention and
  876  control.
  877         47. Chapter 896, relating to offenses related to financial
  878  transactions.
  879         48. Sections 914.22 and 914.23, relating to tampering with
  880  or harassing a witness, victim, or informant, and retaliation
  881  against a witness, victim, or informant.
  882         49. Sections 918.12 and 918.13, relating to tampering with
  883  jurors and evidence.
  884         (2) “Unlawful debt” means any money or other thing of value
  885  constituting principal or interest of a debt that is legally
  886  unenforceable in this state in whole or in part because the debt
  887  was incurred or contracted:
  888         (a) In violation of any one of the following provisions of
  889  law:
  890         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
  891  relating to dogracing and horseracing.
  892         2. Chapter 550, relating to jai alai frontons.
  893         3. Section 551.109, relating to slot machine gaming.
  894         4. Chapter 687, relating to interest and usury.
  895         5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
  896  849.25, relating to gambling.
  897         Section 12. This act shall take effect upon becoming a law.

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