550.105 Occupational licenses of racetrack employees; fees; denial, suspension, and revocation of license; penalties and fines.—
(1) Each person connected with a racetrack or jai alai fronton, as specified in paragraph (2)(a), shall purchase from the commission an occupational license. All moneys collected pursuant to this section each fiscal year shall be deposited into the Pari-mutuel Wagering Trust Fund. Pursuant to the rules adopted by the commission, an occupational license may be valid for a period of up to 3 years for a fee that does not exceed the full occupational license fee for each of the years for which the license is purchased. The occupational license shall be valid during its specified term at any pari-mutuel facility.
(2)(a) The following licenses shall be issued to persons or entities with access to the backside, racing animals, jai alai players’ room, jockeys’ room, drivers’ room, totalisator room, the mutuels, or money room, or to persons who, by virtue of the position they hold, might be granted access to these areas or to any other person or entity in one of the following categories and with fees not to exceed the following amounts for any 12-month period:
1. Business licenses: any business such as a vendor, contractual concessionaire, business owning racing animals, trust or estate, totalisator company, stable name, or other fictitious name: $50.
2. Professional occupational licenses: professional persons with access to the backside of a racetrack or players’ quarters in jai alai such as trainers, officials, veterinarians, doctors, nurses, EMT’s, jockeys and apprentices, drivers, jai alai players, owners, trustees, or any management or officer or director or shareholder or any other professional-level person who might have access to the jockeys’ room, the drivers’ room, the backside, racing animals, or managers or supervisors requiring access to mutuels machines, the money room, or totalisator equipment: $40.
3. General occupational licenses: general employees with access to the jockeys’ room, the drivers’ room, racing animals, the backside of a racetrack or players’ quarters in jai alai, such as grooms, leadouts, pelota makers, cesta makers, or ball boys, or a practitioner of any other occupation who would have access to the animals or the backside, or who would provide the security or maintenance of these areas, or mutuel employees, totalisator employees, money-room employees, or any employee with access to mutuels machines, the money room, or totalisator equipment or who would provide the security or maintenance of these areas: $10.
The individuals and entities that are licensed under this paragraph require heightened state scrutiny, including the submission by the individual licensees or persons associated with the entities described in this chapter of fingerprints for a Federal Bureau of Investigation criminal records check.
(b) The commission shall adopt rules pertaining to pari-mutuel occupational licenses, licensing periods, and renewal cycles.
(3) Certified public accountants and attorneys licensed to practice in this state shall not be required to hold an occupational license under this section while providing accounting or legal services to a permitholder if the certified public accountant’s or attorney’s primary place of employment is not on the permitholder premises.
(4) It is unlawful to take part in or officiate in any way at any pari-mutuel facility without first having secured a license and paid the occupational license fee.
(5)(a) The commission may do the following:
1. Deny a license to or revoke, suspend, or place conditions upon or restrictions on a license of any person who has been refused a license by any other state racing commission or racing authority or has been subject to a provisional suspension or period of ineligibility by the federal Horseracing Integrity and Safety Authority (HISA), or another such authority designated by the Federal Trade Commission.
2. Deny, suspend, or place conditions on a license of any person who is under suspension, has unpaid fines in another jurisdiction, or is subject to a provisional suspension or period of ineligibility under HISA.
3. Notwithstanding subparagraph 2. and chapter 120, summarily suspend the occupational license of any person subject to a provisional suspension or period of ineligibility imposed by HISA related to a prohibited substance in an animal’s hair or in its blood, urine, saliva, or any other bodily fluid. Any suspension imposed pursuant to this subparagraph expires on the date that the provisional suspension or period of ineligibility imposed by HISA expires. If an occupational licensee is summarily suspended under this subparagraph, the commission must offer the licensee a postsuspension hearing within 72 hours after commencement of the suspension. The occupational licensee has the burden of proving by clear and convincing evidence that he or she is not subject to a provisional suspension or period of ineligibility imposed by HISA. The standard of review applicable to the commission under this subparagraph is whether the commission’s action was an abuse of discretion.
(b) The commission may deny, suspend, revoke, or declare ineligible any occupational license if the applicant for or holder thereof has violated the provisions of this chapter or the rules of the commission governing the conduct of persons connected with racetracks and frontons. In addition, the commission may deny, suspend, revoke, or declare ineligible any occupational license if the applicant for such license has been convicted in this state, in any other state, or under the laws of the United States of a capital felony, a felony, or an offense in any other state which would be a felony under the laws of this state involving arson; trafficking in, conspiracy to traffic in, smuggling, importing, conspiracy to smuggle or import, or delivery, sale, or distribution of a controlled substance; or a crime involving a lack of good moral character, or has had a pari-mutuel license revoked by this state or any other jurisdiction for an offense related to pari-mutuel wagering.
(c) The commission may deny, declare ineligible, or revoke any occupational license if the applicant for such license has been convicted of a felony or misdemeanor in this state, in any other state, or under the laws of the United States, if such felony or misdemeanor is related to gambling or bookmaking, as contemplated in s. 849.25, or involves cruelty to animals. If the applicant establishes that she or he is of good moral character, that she or he has been rehabilitated, and that the crime she or he was convicted of is not related to pari-mutuel wagering and is not a capital offense, the restrictions excluding offenders may be waived by the commission.
(d) For purposes of this subsection, the term “convicted” means having been found guilty, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. However, the term “conviction” shall not be applied to a crime committed prior to the effective date of this subsection in a manner that would invalidate any occupational license issued prior to the effective date of this subsection or subsequent renewal for any person holding such a license.
(e) If an occupational license will expire by commission rule during the period of a suspension the commission intends to impose, or if a license would have expired but for pending administrative charges and the occupational licensee is found to be in violation of any of the charges, the license may be revoked and a time period of license ineligibility may be declared. The commission may bring administrative charges against any person not holding a current license for violations of statutes or rules which occurred while such person held an occupational license, and the commission may declare such person ineligible to hold a license for a period of time. The commission may impose a civil fine of up to $1,000 for each violation of the rules of the commission in addition to or in lieu of any other penalty provided for in this section. In addition to any other penalty provided by law, the commission may exclude from all pari-mutuel facilities in this state, for a period not to exceed the period of suspension, revocation, or ineligibility, any person whose occupational license application has been denied by the commission, who has been declared ineligible to hold an occupational license, or whose occupational license has been suspended or revoked by the commission.
(f) The commission may cancel any occupational license that has been voluntarily relinquished by the licensee.
(6) In order to promote the orderly presentation of pari-mutuel meets authorized in this chapter, the commission may issue a temporary occupational license. The commission shall adopt rules to implement this subsection. However, no temporary occupational license shall be valid for more than 90 days, and no more than one temporary license may be issued for any person in any year.
(7) The commission may deny, revoke, or suspend any occupational license if the applicant therefor or holder thereof accumulates unpaid obligations or defaults in obligations, or issues drafts or checks that are dishonored or for which payment is refused without reasonable cause, if such unpaid obligations, defaults, or dishonored or refused drafts or checks directly relate to the sport of jai alai or racing being conducted at a pari-mutuel facility within this state.
(8) The commission may fine, or suspend or revoke, or place conditions upon, the license of any licensee who under oath knowingly provides false information regarding an investigation by the commission.
(9) The tax imposed by this section is in lieu of all license, excise, or occupational taxes to the state or any county, municipality, or other political subdivision, except that, if a race meeting or game is held or conducted in a municipality, the municipality may assess and collect an additional tax against any person conducting live racing or games within its corporate limits, which tax may not exceed $150 per day for horseracing or $50 per day for jai alai. Except as provided in this chapter, a municipality may not assess or collect any additional excise or revenue tax against any person conducting race meetings within the corporate limits of the municipality or against any patron of any such person.
(10)(a) Upon application for an occupational license, the commission may require the applicant’s full legal name; any nickname, alias, or maiden name for the applicant; name of the applicant’s spouse; the applicant’s date of birth, residence address, mailing address, residence address and business phone number, and social security number; disclosure of any felony or any conviction involving bookmaking, illegal gambling, or cruelty to animals; disclosure of any past or present enforcement or actions by any racing or gaming agency against the applicant; and any information the commission determines is necessary to establish the identity of the applicant or to establish that the applicant is of good moral character. Fingerprints shall be taken in a manner approved by the commission and then shall be submitted to the Federal Bureau of Investigation, or to the association of state officials regulating pari-mutuel wagering pursuant to the Federal Pari-mutuel Licensing Simplification Act of 1988. The cost of processing fingerprints shall be borne by the applicant and paid to the association of state officials regulating pari-mutuel wagering from the trust fund to which the processing fees are deposited. The commission, by rule, may require additional information from licensees which is reasonably necessary to regulate the industry. The commission may, by rule, exempt certain occupations or groups of persons from the fingerprinting requirements.
(b) All fingerprints required by this section that are submitted to the Department of Law Enforcement shall be retained by the Department of Law Enforcement and entered into the statewide automated biometric identification system as authorized by s. 943.05(2)(b) and shall be available for all purposes and uses authorized for arrest fingerprints entered into the statewide automated biometric identification system pursuant to s. 943.051.
(c) The Department of Law Enforcement shall search all arrest fingerprints received pursuant to s. 943.051 against the fingerprints retained in the statewide automated biometric identification system under paragraph (b). Any arrest record that is identified with the retained fingerprints of a person subject to the criminal history screening requirements of this section shall be reported to the commission. Each licensee shall pay a fee to the commission for the cost of retention of the fingerprints and the ongoing searches under this paragraph. The commission shall forward the payment to the Department of Law Enforcement. The amount of the fee to be imposed for performing these searches and the procedures for the retention of licensee fingerprints shall be as established by rule of the Department of Law Enforcement. The commission shall inform the Department of Law Enforcement of any change in the license status of licensees whose fingerprints are retained under paragraph (b).
(d) The commission shall request the Department of Law Enforcement to forward the fingerprints to the Federal Bureau of Investigation for a national criminal history records check at least once every 5 years following issuance of a license. If the fingerprints of a person who is licensed have not been retained by the Department of Law Enforcement, the person must file a complete set of fingerprints as provided in paragraph (a). The commission shall collect the fees for the cost of the national criminal history records check under this paragraph and forward the payment to the Department of Law Enforcement. The cost of processing fingerprints and conducting a criminal history records check under this paragraph for a general occupational license shall be borne by the applicant. The cost of processing fingerprints and conducting a criminal history records check under this paragraph for a business or professional occupational license shall be borne by the person being checked. The Department of Law Enforcement may invoice the commission for the fingerprints submitted each month. Under penalty of perjury, each person who is licensed or who is fingerprinted as required by this section must agree to inform the commission within 48 hours if he or she is convicted of or has entered a plea of guilty or nolo contendere to any disqualifying offense, regardless of adjudication.
...s pari-mutuel laws. 2 Chapter 550 , Fla. Stat. (1993), known as the Florida Pari-mutuel Wagering Act, 3 now regulates pari-mutuel wagering and pari-mutuel facilities in the state and authorizes the state to impose certain taxes on such activities. 4 Section 550.105 , Fla....
...tax on the gate receipts would appear to be in the nature of an admissions tax. 7 In light of the above, I am of the opinion that a municipality is prohibited from imposing such a tax. However, the municipality, in accordance with the provisions of s. 550.105 (8), Fla....
...Prior to
this application, Zimmerman had twice been convicted of a felony
offense—a 2018 grand theft conviction in Marion County, Florida,
and a 2019 grand theft of a motor vehicle conviction in Broward
County, Florida. Each of these felony convictions is a disqualifying
felony offense. See § 550.105(5), Fla....
...and
that “[i]t is difficult for an applicant to prove rehabilitation from
such serious convictions in a short period of time.” As a result, she
concluded Zimmerman “failed to establish good moral character
and rehabilitation” as required by section 550.105(5)(c).
1 These findings were based on Zimmerman’s own testimony.
2
The Commission denied Zimmerman a license, adopting in
toto the recommended order and its findings of fact and conclusions
of law....
...Flagler Assocs., Ltd. v. Bd. of Bus. Reg., 241 So.
2d 369 (Fla. 1970)).
Pertinent here, the Act provides that the Commission may
deny an application if an applicant, such as Zimmerman, has been
“convicted” 2 of certain types and levels of crimes, see §
550.105(5)(b)–(c), Fla. Stat., including, inter alia, “a crime
involving a lack of good moral character.” § 550.105(b), Fla. Stat.
Zimmerman’s two “convictions” for grand theft and grand theft of
a motor vehicle are disqualifying felony offenses under this
statute. 3
However, section 550.105(5)(c) further provides:
If the applicant establishes that she or he is of good
moral character, that she or he has been
rehabilitated, and that the crime she or he was
convicted of is not related to pari-mutuel wagering
and is not a capital offense, the restrictions
excluding offenders may be waived by the director
of the division.
§ 550.105(5)(c), Fla....
...the requirements for
licensure and waiver. See N.W. v. Dep’t of Child. & Fam. Servs.,
981 So. 2d 599, 601 (Fla. 3d DCA 2008); see also Fla. Dep’t of
Transp. v. J.W.C. Co., Inc., 396 So. 2d 778 (Fla. 1st DCA 1981).
Further, the plain language of section 550.105(5)(c) provides, in
2 Adjudication was withheld in Zimmerman’s grand theft of a
motor vehicle case. However, the term “convicted” has been defined
by the Act as “having been found guilty, with or without
adjudication of guilt, as a result of a jury verdict, nonjury trial, or
entry of a plea of guilty or nolo contendere.” See § 550.105(5)(d),
Fla....
...cases involve more serious crimes. Even assuming arguendo his
assertion, the nature of the crimes presented in this case, even
when compared to the three cases he cites, is not determinative of
his good moral character or rehabilitation required by section
550.105(5)(c).
6
_____________________________
Not final until disposition of any timely and
authorized motion under Fla....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
