Bill Summary – FastDemocracy

       Florida Senate - 2024                                    SB 1054



       By Senator Ingoglia





       11-00639-24                                           20241054__
                      A bill to be entitled                      
       An act relating to pari-mutuel permitholders; amending
       ss. 550.01215 and 550.054, F.S.; deleting a
       requirement that certain permitholders show that their
       permits have not been disapproved or recalled at a
       later election when submitting subsequent annual
       applications to the Florida Gaming Control Commission;
       amending s. 550.0555, F.S.; revising legislative
       findings with respect to the relocation of greyhound
       dogracing permits; authorizing greyhound dogracing
       permitholders to relocate if specified conditions are
       met; voiding an additional permit if the commission
       approves a relocation; specifying areas to which a
       permitholder may not relocate; amending s. 550.0651,
       F.S.; providing that pari-mutuel facilities that
       relocated in accordance with the act are not subject
       to municipal restrictions on the establishment of such
       facilities; amending s. 551.102, F.S.; revising the
       definition of the term “eligible facility” to conform
       to changes made by the act; amending s. 551.114, F.S.;
       requiring that a slot machine gaming area of a
       relocated pari-mutuel facility be at the location for
       which the relocation was approved; amending s.
       849.086, F.S.; providing that pari-mutuel facilities
       that relocated in accordance with the act are not
       subject to municipal restrictions on the establishment
       of cardrooms; making a technical change; providing an
       effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsection (2) of section 550.01215, Florida
Statutes, is amended to read:
       550.01215 License application; periods of operation;
license fees; bond.—
       (2) After the first license has been issued to a
permitholder, all subsequent annual applications for a license
shall be accompanied by proof, in such form as the commission
may by rule require, that the permitholder continues to possess
the qualifications prescribed by this chapter, and that the
permit has not been disapproved at a later election.
       Section 2. Paragraph (a) of subsection (9) of section
550.054, Florida Statutes, is amended to read:
       550.054 Application for permit to conduct pari-mutuel
wagering.—
       (9)(a) After a permit has been granted by the commission
and has been ratified and approved by the majority of the
electors participating in the election in the county designated
in the permit, the commission shall grant to the lawful
permitholder, subject to the conditions of this chapter, a
license to conduct pari-mutuel operations under this chapter,
and, except as provided in s. 550.5251, the commission shall fix
annually the time, place, and number of days during which pari
mutuel operations may be conducted by the permitholder at the
location fixed in the permit and ratified in the election. After
the first license has been issued to the holder of a ratified
permit for racing in any county, all subsequent annual
applications for a license by that permitholder must be
accompanied by proof, in such form as the commission requires,
that the ratified permitholder still possesses all the
qualifications prescribed by this chapter and that the permit
has not been recalled at a later election held in the county.
       Section 3. Section 550.0555, Florida Statutes, is amended
to read:
       550.0555 Greyhound dogracing permits; relocation within a
county; conditions.—
       (1) It is the finding of the Legislature that substantial
state revenues are derived from greyhound dogracing
permitholders’ pari-mutuel wagering activities as well as other
authorized gaming activities associated with such permits,
including the operation of cardrooms and slot machines. The
Legislature further finds that revenues derived from greyhound
dogracing permitholders’ pari-mutuel wagering activities and
other gaming activities are adversely impacted absent the right
to move the location for which the permit has been issued to
another location and that, consistent with the Legislature’s
regulation of pari-mutuel wagering permitholders, authorizing
the relocation of permits will preserve and further enhance
state revenues on greyhound dogracing provides substantial
revenues to the state. It is the further finding that, in some
cases, this revenue-producing ability is hindered due to the
lack of provisions allowing the relocation of existing dogracing
operations. It is therefore declared that state revenues derived
from greyhound dogracing will continue to be jeopardized if
provisions allowing the relocation of such greyhound racing
permits are not implemented. This enactment is made pursuant to,
and for the purpose of, implementing such provisions.
       (2) Any holder of a valid outstanding permit for greyhound
dogracing in a county in which there is only one dogracing
permit issued, as well as any holder of a valid outstanding
permit for jai alai in a county where only one jai alai permit
is issued, is authorized, without the necessity of an additional
county referendum required under s. 550.0651, to move the
location for which the permit has been issued to another
location within a 30-mile radius of the location fixed in the
permit issued in that county, provided the move does not cross
the county boundary, that such relocation is approved under the
zoning regulations of the county or municipality in which the
permit is to be located as a planned development use, consistent
with the comprehensive plan, and that such move is approved by
the commission after it is determined at a proceeding pursuant
to chapter 120 in the county affected that the move is necessary
to ensure the revenue-producing capability of the permittee
without deteriorating the revenue-producing capability of any
other pari-mutuel permittee within 50 miles; the distance shall
be measured on a straight line from the nearest property line of
one racing plant or jai alai fronton to the nearest property
line of the other.
       (3) Notwithstanding subsection (2), any greyhound dogracing
permitholder, without the necessity of an additional county
referendum required under s. 550.0651, s. 551.101, or s.
849.086(17), as applicable, may move the location for which the
permit has been issued to another location within a 30-mile
radius of the location fixed in the permit issued, provided that
the requirements of this subsection are met and the county to
which the permit will relocate has already approved pari-mutuel
wagering and cardrooms and slot machine operations, as
applicable. Notwithstanding any local government regulations,
permitting, or ordinances, and if the conditions of this
subsection are met, such permitholder may continue to operate at
the new location all pari-mutuel wagering and gaming activities
that it is already authorized and licensed to operate, including
activities conducted pursuant to chapters 550 and 551 and s.
849.086. The greyhound dogracing permit proposed for relocation
must, at the time of relocation, be authorized to conduct pari
mutuel activities and authorized to operate a cardroom or slot
machines in addition to having a majority ultimate owner in
common with another currently licensed greyhound dogracing
permit, regardless of whether the permits are located in the
same county. Upon the commission’s final approval of the
relocation and issuance of all operating licenses for the new
location, the second greyhound dogracing permit is forfeited to
the state and is thereafter void.
       (4) A pari-mutuel permitholder that relocates its pari
mutuel facility pursuant to subsection (3) and that is
authorized to operate slot machines at such facility may not
relocate the pari-mutuel facility to a location in Miami-Dade or
Broward Counties which is within a 15-mile radius, measured in a
straight line, of any facility in Broward County operated by the
Seminole Tribe of Florida which offers or is authorized to offer
class III gaming, as defined in the federal Indian Gaming
Regulatory Act of 1988.
       Section 4. Subsection (6) of section 550.0651, Florida
Statutes, is amended to read:
       550.0651 Elections for ratification of permits; municipal
prohibitions.—
       (6) Notwithstanding any other provision of law, a
municipality may prohibit the establishment of a pari-mutuel
facility on or after July 1, 2021, in its jurisdiction. This
subsection does not apply to a permitholder who held an
operating license for the conduct of pari-mutuel wagering for
fiscal year 2020-2021 in the municipality’s jurisdiction, or to
a pari-mutuel facility that was previously approved by the
municipality, or a pari-mutuel facility that is authorized to
relocate pursuant to s. 550.0555(3).
       Section 5. Subsection (4) of section 551.102, Florida
Statutes, is amended to read:
       551.102 Definitions.—As used in this chapter, the term:
       (4) “Eligible facility” means any licensed pari-mutuel
facility located in Miami-Dade County or Broward County existing
at the time of adoption of s. 23, Art. X of the State
Constitution that has conducted live racing or games during
calendar years 2002 and 2003 and has been approved by a majority
of voters in a countywide referendum to have slot machines at
such facility in the respective county; any licensed pari-mutuel
facility located within a county as defined in s. 125.011,
provided such facility has conducted live racing for 2
consecutive calendar years immediately preceding its application
for a slot machine license, pays the required license fee, and
meets the other requirements of this chapter; or any licensed
pari-mutuel facility in any other county in which a majority of
voters have approved slot machines at such facilities in a
countywide referendum held pursuant to a statutory or
constitutional authorization after the effective date of this
section in the respective county, provided such facility has
conducted a full schedule of live racing for 2 consecutive
calendar years immediately preceding its application for a slot
machine license, pays the required licensed fee, and meets the
other requirements of this chapter. The term includes any such
facility that has relocated pursuant to s. 550.0555(3) and
remains eligible to conduct slot machine operations at the new
location.
       Section 6. Subsection (4) of section 551.114, Florida
Statutes, is amended to read:
       551.114 Slot machine gaming areas.—
       (4) Designated slot machine gaming areas must be located at
the address specified in the licensed permitholder’s slot
machine license issued for fiscal year 2020-2021.
Notwithstanding the foregoing, if a pari-mutuel permit with an
associated license for slot machine gaming relocates pursuant to
s. 550.0555(3), the designated slot machine gaming area must be
located at the location approved for the relocation of the pari
mutuel permit.
       Section 7. Subsections (16) and (17) of section 849.086,
Florida Statutes, are amended to read:
       849.086 Cardrooms authorized.—
       (16) LOCAL GOVERNMENT APPROVAL.—
       (a) The commission may shall not issue any initial license
under this section except upon proof in such form as the
commission may prescribe that the local government where the
applicant for such license desires to conduct cardroom gaming
has voted to approve such activity by a majority vote of the
governing body of the municipality or the governing body of the
county if the facility is not located in a municipality.
       (b) Notwithstanding any other provision of law, a
municipality may prohibit the establishment of a cardroom on or
after July 1, 2021, within its jurisdiction. This paragraph does
not apply to a licensed pari-mutuel permitholder who held an
operating license for the conduct of pari-mutuel wagering for
fiscal year 2020-2021 in the municipality’s jurisdiction, or to
a cardroom that was previously approved by the municipality, or
a cardroom operated at a pari-mutuel facility authorized to
relocate pursuant to s. 550.0555(3).
       (17) CHANGE OF LOCATION; REFERENDUM.—
       (a) Notwithstanding any provisions of this section, no
cardroom gaming license issued under this section shall be
transferred, or reissued when such reissuance is in the nature
of a transfer, so as to permit or authorize a licensee to change
the location of the cardroom except upon proof in such form as
the commission may prescribe that a referendum election has been
held:
       1. If the proposed new location is within the same county
as the already licensed location, in the county where the
licensee desires to conduct cardroom gaming and that a majority
of the electors voting on the question in such election voted in
favor of the transfer of such license. Notwithstanding the
foregoing However, the commission shall transfer, without
requirement of a referendum election, the cardroom license of
any permitholder that relocated its permit pursuant to s.
550.0555.
       2. If the proposed new location is not within the same
county as the already licensed location, in the county where the
licensee desires to conduct cardroom gaming and that a majority
of the electors voting on that question in each such election
voted in favor of the transfer of such license.
       (b) The expense of each referendum held under the
provisions of this subsection shall be borne by the licensee
requesting the transfer.
       Section 8. This act shall take effect July 1, 2024.
Statutes affected: 
S 1054 Filed: 550.01215, 550.054, 550.0555, 550.0651, 551.102, 551.114