15, ch ; 1, ch ; 1, ch ; 1, ch this law.

Transcription

1 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 priated out of any funds hereafter in the hands said third additional day as authorized herein of the State Treasurer to the credit of the is conducted by a track or fronton located in State Racing Commission. All obligations and Sarasota or Manatee Counties, the proceeds for debts, including salaries and traveling ex- charity purposes shall be allocated by paypenses of the commissioners, shall be wholly ment to Manatee Junior College. If a third adpaid out of funds deposited with the treasurer ditional charity day is conducted at any under the provisions of this chapter. It is ex- track or fronton in Palm Beach County, forty pressly declared that the state, or any funds per cent of the proceeds for charitable purbelonging thereto, shall not at any time, or poses from such day shall be paid to Palm under any circumstances, be or become liable Beach Junior College, forty per cent of the to any person for any expense incurred or proceeds for charitable purposes from such debts owing by the commission or any mem- day shall be paid to Florida Atlantic University, ber, agent, servant, or employee of the com- and the remaining twenty per cent of the promission. No money shall be paid out by the ceeds for charitable purposes from such day treasurer for salaries or expenses of the com- shall be paid to Marymount College. If a third mission except upon voucher of the commission additional charity day is conducted at any signed by the chairman and countersigned by track or fronton in Escambia County, fifty per the secretary, which voucher shall exhibit in cent of the proceeds for charitable purposes detail the items for which the money is paid. from such day shall be paid to the University (3) The State Racing Commission may ex- of West Florida and the remaining fifty per tend said limitations of time for horse or dog cent of the proceeds for charitable purposes racing or jai alai operation not to exceed two from such day shall be paid to Pensacola Jundays at any one track beyond the period other- ior College. The total of all profits derived wise provided by law so that any such track or from the operation of such racing on such charironton may conduct a charity day of racing ity day including all moneys which would for any one or more recognized and estab- otherwise be received by the State Racing Comlished charitable institutions located within mission as taxes for such day's operation shall one hundred miles road travel of the race be and become a part of the charity trust fund track or fronton holding such charity day of for which such racing on such days is conracing. For the purposes of this section the ducted. University of Miami, Jacksonville University, (4) In determining profits derived from Nova University of Advanced Technology and such racing on such charity day, which profits other institutions of higher learning, including shall include all taxes payable to the state or junior colleges, not already participating in any agency thereof for such day's operations charity or scholarship racing days shall be without the initial expense of operational aldeemed to be charitable institutions. A portion lowance provided by law for dog tracks, said of the proceeds available for the charitable tracks and frontons shall only be entitled to purposes in an amount not less than twenty- deduct from the profits accruing from all refive per cent may be paid over to and for the ceipts on such charity day of racing their acbenefit of said charitable institutions of higher tual operating costs, which costs shall be those learning in said areas. If said second additional expenses incurred by the race track or fronday as authorized herein for charitable pur- ton solely by reason of holding said charity poses is conducted by a track located in Duval day of racing and shall not be deemed to in County or Clay County, the proceeds for elude such expenses constant from day to day charity purposes shall be allocated by pay- and which would have been incurred had the ment of fifty per cent thereof to institutions race on that day not been held, including, but of higher learning or junior colleges in Duval not limited to, such items as capital expendi County, twenty-five per cent to the St. Johns tures, interest on debts, real estate taxes and River Junior College in Putnam County and annual license fees, donations, bad debts, and twenty-five per cent to the Lake City Junior such other items of daily or pro rated expense College in Columbia County. The State Racing as the racing commission may by rule pre Commission may extend said limitations of time scribe. for horse or dog racing or jai alai operation, History.- 3, ch , 1931; 3, ch , 1935; CGL 1936 in addition to the two days heretofore pro- Supp. 4151(51); 1, ch , 1941; 1, ch ; 2, ch ; 15, ch ; 1, ch ; 1, ch ; 1, ch vided, to an additional third day at each race ct , Additional salary of secretary of commission. track or fronton in Dade County. If said third Division among counties of moneys derived under this law. additional day as authorized herein is con Race track funds guaranteed from general revenue ducted by a track or fronton located in Dade fund. County, the proceeds for charity purposes Racing meetings authorized; re shall be allocated by payment of fifty per cent strictions.-any person desiring to operate a thereof to the University of Miami and fifty race track in this state may, subject to the proper cent to the degree-granting state college visions of this chapter, hold and conduct one authorized under , to be established or more racing meetings at such track each year. in Dade County. The State Racing Commission Horse race track meetings shall be held only may extend said limitation of time for horse from and including the period extending from or dog racing or jai alai operation in Sarasota, the 1st day of December of each year to and in Manatee, Palm Beach or Escambia Counties to eluding the 20th day of April of the year followprovide for a total of three charity days. If ing, which period shall be known as the horse 2651

2 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 racing season, and the dog race track meetings shall be held only during the period extending from and including the 1st day of November of each year to and including the 31st day of May of the year following, which period shall be known as winter dog racing season; provided, however, that summer dog track meetings shall be held only during the period beginning with and including June 1st and up to and including the 30th day of September, in counties lying wholly east of the St. Johns river, south of an east-west line from the Matanzas inlet to said river, and north of latitude 28 degrees 35 minutes; and provided further that both horse race meetings and dog race meetings shall be limited to the aggregate number of racing days as provided in No racing shall be permitted on Sunday, and no minors except jockey apprentices, exercise boys and grooms shall be permitted to attend said races or to be employed in any manner by the track provided, however, nothing in this chapter shall be construed to prohibit the use of any dog racing plant or facility, for the conducting of "hound dog derbies" or "mutt derbies," from being used on one Sunday during each racing season by any charitable, civic or nonprofit organization for the purpose of conducting "hound dog derbies" or "mutt derbies" where only dogs other than those usually used in dog racing (greyhounds) are permitted to race and where adults and minors may participate as dog owners or spectators, and provided further that during such racing events betting and gambling and the sale or use of alcoholic beverages shall be strictly and absolutely prohibited. History.- 4, ch , 1931; 4, ch , 1935; CGL 1936 Supp. 4151(52); am. 1, 3, ch , 1943; am. 2, 3, ch , 1943 ; am. 1, ch , 1945; am. 1, ch , 1, ch , 1947; 2, ch ; 9, ch be c onsidered and no permit shall be issued by the racing commission nor voted upon in any county to conduct running horse races, harness horse races or dog races at a location within one hundred miles of another location for which a permit has been issued and a racing plant located, said distance to be measured on a straight line from the nearest property line of one racing plant to the nearest property line of the other, except that permits heretofore issued and ratified by a majority of the electors of any county shall not be affected by this proviso. Hlstory.- 5, ch , 1931; 5, ch , 1935; CGL 1936 Supp, 4151(53); am. 1, ch , 1947; 2nd par. by 2, ch Cf Quarter horse racing Elections for ratification of per mits.- (1) The holder of any permit may have submitted to the electors of the county designated therein the question whether or not said permit shall be ratified or rejected. Such questions shall be submitted to the electors for approval or rejection at a special election to be called for that purpose only. The board of county commissioners of the county designated, upon the presentation to said board at a regular or special meeting of a written apphcation, accompanied by a certified copy of the permit granted by the state racing commission, and asking for an election in the county in which said application was made, shall order a special election in said county for the parti<cular purpose of deciding whether such permit shall be approved and license issued and race meetings permitted in such county by such permittee; and shall cause the clerk of such board to give notice of said special election by publishing the same once each week for two consecutive weeks in one or more newspapers of gen Application for permit to conduct eral circulation in said county; each permit race meetings.- covering each track shall be voted upon sep- (1) Between June 1 and July 1. of each arately and in separate elections and no elecyear, but at no other time, any person pos- tion shall be called more often than once evsessing the qualifications prescribed in this ery two years for the ratification of any permit chapter shall apply to the commission for a covering the same track. permit to conduct race meetings and racing (2) All elections ordered under this chapunder this chapter. No application thus re- ter shall be held within ninety days and not ceived by the commission shall be amended less than twenty-one days from the time of preafter August 10 of each year; and on or be- senting such application to said county comfore August 15, but not thereafter, of each missioners, and the inspectors of election shall year, after receipt of any application, the com- be appointed and qualified as in cases of genmission shall convene to consider and act upon eral elections and they shall count the votes permits applied for, and all applications not cast and make due returns of same to the definitely acted upon by the commission on or county commissioners without delay. The counprior to August 15 of each year shall be void. ty commissioners shall canvass the returns, (2) Upon all applications filed and approv- declare the results, and cause the same to be ed a permit shall be issued to the applicant recorded as provided in the general law consetting forth the name, the location of the race cerning elections so far as applicable. track, the kind of racing desired to be conduct- (3) Provided, that where a permit has ed and a statement showing qualifications of been granted' by the commission and no applithe applicant to conduct racing at said track cation to the board of county commissioners under this chapter; provided, however, no per- has been made by the permittee within six mit shall be effectual to authorize any race un- months after the granting of the permit, the til ratified by a majority of the electors par- same shall be void, and the commission shall ticipating in said election, and in the county cancel such permit without notice to the holder in which applicant proposes to conduct racing; thereof, and the board of county commissioners and provided further that no application shall holding the deposit for the election shall refund 2652

3 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 to the holder of the permit said deposit upon being notified by the state racing commission that the permit has become void and canceled; provided further, that where, upon a permit issued, an election has been held and such permit ratified, as herein provided, and the holder of the ratified permit has failed to construct a track.suitable to conduct a race meeting within twelve months after the ratification of said permit, then the permit shall be void and the commission shall cancel such permit without notice to the holder thereof. (4) For such election all electors duly registered and qualified to vote at the last preceding general election held in such county shall be qualified electors for such election, and in addition thereto the registration books for such county shall be opened on the tenth day (if the tenth day be Sunday or a holiday, then on the next day not a Sunday or a holiday) after said election is ordered and called, and shall remain open for a period of ten days for additional registrations of persons qualified for registration but not already registered, and electors for such special election shall have the same qualifications for and prerequisites to voting in elections as under the general election laws. (5) If at any such special election the majority of the electors voting on the question of ratification or rejection of any permit shall vote against such ratification, then such permit shall be void. If a majority of the electors voting on the question of ratification or rejection of any permit shall vote for such ratification, then such permit shall become effectual and the holder thereof may conduct racing upon complying with the other provisions of this chapter. The county commissioners shall immediately certify the results of the election to the s~cretary of the state racing commission; pro VIded, that the expense of holding the said election shall be paid for by the permit holder as provided for in (6). History.- 6, ch , 1931; 6, ch , 1935; CGL 1936 Bupp (54); 3, ch Cf Quarter horse racing Cancellation of permit to conduct race meeting.-where the holder of a ratified permit issued pursuant to law, for the conduct of horse, in harness using a sulky, race meetings has failed to construct a track suitable to conduct such race meetings by July 1, 1948, or within one year from the date on which such permit was issued, whichever period of time be the longest, then such permit shall be void and the state racing commission may cancel such permit without notice to the holder thereof. Hlstoey.- 1, ch , Cancellation of certain permits. (1) Every permit issued prior to January 1, 1943, under the statutes for the conduct of race meetings and racing where the holder of such permit has failed to conduct a racing meet under said permit within a period of five years next preceding June 7, 1949, is hereby cancelled and annulled (2) This section shall apply to and shall be deemed to cancel and annul all such permits, notwithstanding the permittee be a corporation which has been dissolved or a person, corporation or association in bankruptcy or whose assets or affairs are in the hands of a trustee in bankruptcy or of a receiver appointed by any court. Hlstoey.-comp. 1, 2, ch , Dog racing; ratified permit; extension of time in certain areas.-the time within which the holder of a ratified permit for dog racing shall construct a racetrack is hereby extended for the period of thirty months from the date of the ratification of such permit by the electorate, where such permit was issued and ratified subsequent to January 1st, 1943, and where the location of such racetrack is west of the Apalachicola river, anything to the contrary in any statute notwithstanding. Hlstory.-comp. 1, ch , Horse racing; ratified permit; extension of time in certain areas.-the time within which the holders of a ratified permit for horse racing shall construct a race track is hereby extended for the period to May 1, 1953, where such permit was issued and ratified subsequent to December 1, 1949, and where the location of such race track is east of the Apalachicola river, anything to the contrary in any statute of the state notwithstanding. mstory.-comp. 1, ch , Harness racing; certain permits validated; license.- (1) Any permit issued by Florida state racing commission, subsequent to June 1, 1946, to conduct horse racing, in harness, which permit, having been ratified in the manner prescribed by law, in any county of the state where no running horse tracks or dog tracks are located and established, is hereby validated and restored to the permittee or permittees, or his or their lawful assignee, and the time within which the holder of any such ratified permit shall construct a race track is hereby extended for a period of twelve months from such time as restrictions and limitations against such construction now imposed by federal regulations, are removed. (2) Any horse racing track, in harness with sulky, which may be established and shall operate by virtue of the provision of subsection (1) of this section, shall be entitled to a license from the racing commission for a meet or meetings for a period of not exceeding ninety days of racing during the established racing season, fixed by law, for horse racing, and during such meet or meeting racing may be conducted by a valid permittee at such track either in the day time or night time, at the option of the permit holder, or at the election of the permit holder, the racing season may be divided so that part of the racing during any one season may be conducted at nights and part in the day time; provided, however, there shall be no racing on Sunday, and when

4 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 racing is being conducted at nights, there shall be no racing in the day time of the same day. (3) The commission of a licensee on a parimutuel pool on horse races, where such license is issued to conduct horse racing in harness, and in the counties affected by the provisions of this section, shall be the same as allowed and received by a licensee on a pari-mutuel pool on dog races as now fixed and established by law. ( 4) In all respects the provisions of this chapter shall be applicable to the subject matter of this section, except those provisions thereof which are inconsistent herewith. mstor;r.-comp. 1-. ch , Harness racing; conduct of races, approval of commission.-upon approval by the state racing commission any holder of a ratified permit to conduct horse racing in harness, which permit was validated and restored by (1), is hereby authorized to conduct not more than three quarter horse races per day upon the race track of the ratified permit holder, said three quarter horse races to be instead and in lieu of three horse races in harness with sulky during the regular race meeting of the permit holder; provided, however, that the quarter horses participating in such races shall be duly registered by the American quarter racing association and certified to the permit holder by a bona fide cooperative association organized under the laws of Florida, which has been in existence for two years or more and which has for its purpose the cooperative agricultural activity of breeding and training quarter running horses. All of the provisions of this chapter, and rules and regulations of the Florida state racing commission relating to harness horse racing with sulky shall apply to any quarter horse race allowed by this section. mstor;r.-comp. 1, ch Dog racing; validation of certain permits; exemptions.- (!) All permits for dog racing or to hold and conduct dog race track meetings granted by the Florida state racing commission on or subsequent to June 7, 1949, and submitted to and ratified by a majority of the electors of the county designated in such permits voting on the question of ratification or rejection of such permits are hereby declared valid and lawful for the purpose for which issued and to permit the operation of a dog race track and to conduct dog race track meetings on the premises described in such permits. (2) The provisions of this section shall not apply to permits which have been suspended, canceled or revoked either by the Florida state racing commission or in a recall election pursuant to the provisions of , nor shall the same affect or apply to permits canceled and annulled pursuant to the provisions of (3) This section shall not prevent the cancellation or revocation of any permit in any future recall election or the suspension, cancellation or revocation of any permit by the state racing commission in the manner and for such causes as other permits may be suspended, canceled or revoked by the state racing commission. Bistor;r.-Comp. fl1-3, ch Harness racing; certain permits validated.- (!) Any permit to conduct horse racing in harness or to hold harness horse race meetings granted and issued by the Florida state racing commission subsequent to July 1, 1956, and prior to the effective date of this act and submitted to and ratified by a majority of the electors of the county designated in such permit and on the basis of which ratified permit the holder thereof was issued license to conduct harness horse racing and in reliance thereon the holder of such permit and license constructed racing plant or track, and which permit and license was thereafter held and declared to be invalid as violative of the provisions of this chapter, and particularly the one hundred mile distance requirements of , is hereby declared to be valid and the same is hereby restored, ratified and confirmed the same as if never held or declared to be invalid, notwithstanding the distance provisions of this chapter and is hereby repealed and declared to be ineffective and inoperative as to any such permit and license issued and ratified as aforesaid. (2) It is hereby declared to be the legislative purpose and intent to ratify and confirm all actions of the state racing commission in the issuance of any permit described in subsection (1), and to ratify, confirm and validate all proceedings in relation to the issuance and ratification of any such permit and to repeal and declare any law or laws in conflict herewith to be inoperative, ineffective and inapplicable to any such permit. Hlstor;r.- 1, 2, ch Note.-Ch ratifies harness racing permit Issued In Seminole county. Ch ratifies harness racing permit Issued In Broward county Harness racing; daily license fee. (1) Any duly licensed harness horse race track having an average daily pari-mutuel pool of less than one hundred thousand dollars per day shall, in lieu of the payment of the taxes imposed upon such tracks as now provided by law, be permitted to operate the sale of parimutuel pools on the basis of a fixed daily license fee, which fee shall be determined from the following schedule: Up to $50, per day. $1, per day. Over $50, per day but not exceeding $75, per day. $3, per day. Over $75, per day but not exceeding $100, per day... $5, per day, threefourths of which daily license fee shall be distributed equally to the sixty-seven counties of the state and the remaining one-fourth to the state's general revenue fund. (2) VVhenever any harness horse track ex-

5 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 ceeds the sum of one hundred thousand dollars per day in its pari-mutuel pool totals this section shall not apply, and such harness horse track shall be taxed as provided by other general laws. (3) It is hereby declared to be the legislative purpose and intent to ratify, confirm and validate actions of the state racing commission in the issuance of any permit described in (1), and the placing in operation the fixed daily license fee provided for herein. WstorJ.- 1-3, ch Issuance of license by racing commission; revocation of license; penalty in lieu thereof.-after a permit has been granted by the commission, and after the same has been ratified and approved by the majority of the electors participating in such election of the county designated therein, the racing commission shall grant to the lawful holder of such permit, subject to the conditions hereof, a license to conduct racing under this chapter, and fix annually the time, place and number of days during which racing may be conducted by such permit holder at the location fixed in said permit and ratified in said 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 said ratified permit holder shall be accompanied by proof in such form as the commission may require, that the ratified permit holder still possesses all the qualifications prescribed by this chapter, and that the permit has not been recalled at a later election held in such county as provided for in The racing commission may revoke any permit or license hereunder upon the willful violation by the licensee of any of the provisions of this chapter, or of any rule or regulation issued by the commission under the provisions of this chapter. In lieu of the suspension or revocation of licenses the racing commission after notice and hearing may impose a civil penalty against any licensee for violations of this chapter or chapter 551, or any rule or regulation promulgated by the commission. No penalty so imposed shall exceed $1,000 for each count or separate offense and all penalties imposed and collected shall be deposited with the state treasurer to the credit of the general revenue fund. It is unlawful for any licensee under this chapter, directly or indirectly, to make any contribution whatsoever to any political party or to any candidate for any state, county, district, or municipal office; and the commission upon proof of any contribution having been made shall immediately revoke the permit of such licensee and no further license or permit shall be issued thereafter to such former licensee. History.- 7, ch ; 7, cb , 1935; CGL 1936 Supp (55); 4, ch cf Political contributions Quarter horse racing Maximum length of race meeting... (1) No license shall be granted to any person or to any race track for a meet or meeting in any county to extend longer than an aggregate of fifty racing days for horse racing and ninety days for dog racing in any racing season: Provided the state racing commission is authorized to grant one additional day of racing during the race meeting period granted to any track as provided by law, upon application and agreement by any track in which one specific day of any meet shall be set aside, and all profit, less actual operating costs, from such specific day's operations of such track including all taxes payable to the state or any agency thereof for such day's operation shall be paid into the state treasury for a scholarship trust fund which shall be administered by the board of control of the institutions of higher learning of the state for the granting of scholarships for the purpose of attending the institutions of higher learning of the state upon such terms and conditions as the said board may from time to time prescribe. Actual operating costs of any track conducting such additional day of racing to be deducted from all receipts on such additional day of racing shall not include expenses constant from day to day and which would have been incurred had the race on that day not been held; including, but not limited to, such items such as capital expenditures; interest on debts; real estate taxes and annual license fees; donations; bad debts; and such other items of daily or prorated expense as the racing commission may by rule prescribe. (2) The provisions of this section are supplemental to and shall be construed as authority for granting additional days of racing above the total of one hundred and twenty days limitation therein except that each horse race track may run only one additional day as herein provided during its race meeting period as authorized by said law and the one hundred and twenty days limitation therein shall in no event be extended beyond three additional days. Hlstory.- 8, ch , 1931; CGL 1936 Supp. 4151(56); 2, ch , 1943 ; 1, 2, ch , 1949; (1) a. by 2, ch ; (1) 1, ch cf Compensation of racing commission Division among counties of moneys derived under this Jaw Race track funds guaranteed from general revenue fund Allocation of horse racing periods of operation.- (1) It is the finding of the legislature of the state that the operation of horse racing and legalized pari-mutuel and mutuel betting at horse race tracks in this state is a substantial business compatible to the best interests of the state and the taxes derived therefrom constitute an integral part of the tax structures of the state and counties. It is the further finding of the legislature that two or more horse race tracks located within a radius of one hundred air miles of each other cannot operate on the same racing days without endangering the tax revenue derived therefrom and the general welfare of the public. It is the further finding of the legislature that where more than one horse race track is located in a radius of one

6 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 hundred air miles of one or more horse race tracks and the allocation and distribution of periods of operation to and between said horse race tracks is vested solely in the discretion of the state racing commission, that the power to change, alter and vary such racing periods from year to year, as it may see fit, is unsound and unwise, and creates a condition of uncertainty which retards the natural expansion and development of this business and influences and affects the financial stability of the state and counties. It is therefore declared to be the policy of the state that the present danger to the growth and welfare of horse racing and to the tax structure of the state and counties be eliminated insofar as the discretionary powers of the state racing commission in allocating dates to the horse tracks is concerned and this enactment is made pursuant to and for the purpose of carrying out such pohcy. (2) Where three horse race tracks in this state are located in a radius of one hundred air miles of each other, the annual period of operating of such horse race tracks shall begin on December first of each year and continue for a full period of one hundred and twenty consecutive days, exclusive of Sundays, and each of said horse race tracks is hereby permitted to race for a full period of forty consecutive racing days, exclusive of Sundays. Such forty day racing periods are hereby established as follows: The first period to consist of the first consecutive forty racing days of such annual racing period, the second period to consist of the second consecutive forty racing days of such annual racing period, and the third period to consist of the third consecutive forty racing days of such annual racing period. (3) The three racing periods herein above established shall be annually allocated by the state racing commission in the following manner: The horse race track having produced the largest amount of tax revenue during the preceding year of its operation shall be granted its choice of the three established racing periods. The horse race track having produced the second largest amount of tax revenue during the preceding year of its operation shall be granted its choice of the remaining two established racing periods. The horse race track having produced the third largest amount of tax revenue during the preceding year of its operation shall be allocated the racing period remaining after the two tracks producing the largest amount of tax revenue shall have made their selections; provided, however, that if any one or more tracks entitled to a choice of racing periods as provided for herein shall fail to make a selt:ction the state racing commission shall thereupon assign a forty day racing period to said track or tracks, which period it shall be required to operate unless relieved therefrom by order of the state racing commission; provided further, that if any track heretofore allocated racing dates, shall fail or refuse to operate for its full forty day period, unless prohibited by law or causes beyond its control then the state racing commission may, upon request of any one of the other two tracks affected by this law, allocate the remaining racing dates to either or both of the two established horse racing tracks. (4) On or before the first day of May of each year, each of the horse race tracks shall file in writing with the state racing commission in accordance with the procedure set forth in sub sections (2) and (3) of this section, its selection of the racing period herein above established that it desires to operate and conduct its racing meet. On or before the fifteenth day of May of each year the state racing commission shall issue an annual license authorizing the permit holder to conduct a racing meet during the period set forth therein. Such license shall be isused by the state racing commission to the permit holder on the basis of and in accordance with the procedure set forth in subsections (2) and (3) of this section. (5) In the event any track shall be prevented from operating a full forty day racing season, as a result of prohibition of law, fire, strike or circumstances beyond the control of the track involved, then the state racing commission in allocating and setting racing dates for the following racing season shall be governed by the amount of tax revenue produced by each track during the last racing season in which all tracks governed by this bill operated a full forty day racing period and dates shall be allocated to the tracks under such circumstances in the manner set forth in subsections (2) and (3) of this section. (6) The state racing commission is hereby prohibited from granting any permit and there shall be no election in any county for the ratification or rejection of any permit to conduct horse racing, sulky or harness racing at a location in the area in which there are three horse race tracks located within one hundred air miles of each other; provided, however, that permits issued prior to May 21, 1947 shall not be affected by this subsection of this section. Bistory.- 1-6, ch , 1947; 11, ch , 1949, Note.-Bee ch , 1953, Hillsborough county; racing, extra day; athletic scholarships Special allocation of periods of operation of certain dog racing tracks.- (1) Where there are three or more dog racing tracks operating under valid outstanding permits, issued by the state racing commission, located within a radius of thirty-five miles of each other, one of such permit holders within said area shall be permitted, at its option, but shall not be required, during the period beginning July 1 and ending the fit~st Monday of September following, both dates inelu:::ive, of any year, to conduct upon dates of its choice not more than fifty days of its aggregate number of operating days allowed by ; provided that where two or more of such permittees apply for racing dates, as herein provided, the state racing commission shall designate the permittee entitled to conduct such racing during such fifty-day period, ar,d the remaining number of.said aggregate days under , 2656

7 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 shall be granted to and utilized by such permittee within the period provided in (2) This section shall be cumulative and shall not be construed as repealing any other provisions of law, and shall not be construed as permitting or allowing any permit holder to operate for a period of time in ex-cess of the number of days now provided by law. Blstory.- 1, 3, ch Dog racing; periods of operation generally; exceptions.- (1) Owners of valid outstanding permits for dog racing in this state may hold race meetings at any time they choose during the calendar year for the aggregate number of racing days fixed and permitted by law and subject to the approval of the state racing commission; provided, that no racing shall be conducted on Sunday. (2) The provisions of this act shall not apply to or affect holders of valid permits to conduct greyhound racing or jai alai at greyhound ra-ce tracks or jai alai frontons located in Florida in the area between the parallels of twentyeight degrees north latitude and thirty degrees north latitude and lying east of the meridian of eighty-two degrees west longitude. Blstory.- 1, 2, ch Summer thoroughbred horse racing period authorized.- ( I) Where there are three or more thoroughbred horse race tracks operating under valid outstanding permits issued by the state racing commission located within a radius of one hundred miles of each other, each such permit holder within the area shall be permitted during the period beginning June 1 and ending on or before the following November 1 of each year to conduct an additional thirty days of thoroughbred horse racing, between the hours of 12:00 noon and 6 :00 p.m., eastern standard time, exclusive of Sundays, upon dates allocated to it by the commission, which additional period of racing shall be known as the "summer thoroughbred horse racing period." The horse racing season beginning December 1 of each year and ending April 20 referred to in , shall hereafter be known as the annual winter thoroughbred horse racing season. (2) The "annual period" of operation for thoroughbred horse race tracks as used and referred to in , shall mean and refer to the annual winter racing period of such horse race tracks and the additional days of summer thoroughbred racing as authorized herein shall be in addition and supplemental thereto. In determining the tax revenues produced by a horse race track during its preceding year of operation as provided for and required by (3), there shall be excluded therefrom the tax revenues produced by a track as the result of its having conducted a horse race meet during the summer thoroughbred racing period. (3) The limitation of days of horse racing in any one county as set forth in , and the provisions of and , shall not apply to the summer thoroughbred racing season or period. (4) (a) Notwithstanding anything in this act to the contrary, the Florida state racing commission may extend the summer thoroughbred horse racing period not to exceed one day in any one track beyond the period provided in subsection (1) so that any such track may conduct a charity day of racing for any one or more recognized and established charitable institutions located within one hundred miles road travel of the race track holding such charity day of racing; and further provided that for the purposes of this act the university of Miami, Jacksonville university, Nova university of advanced technology and other institutions of higher learning, including junior colleges not already participating in charity or scholarship racing days, shall be deemed. to be charitable institutions and that a portion of the proceeds available for the charitable purposes in an amount not less than twenty-five per cent may be paid over to and for the benefit of the said charitable institutions of higher learning in said areas, and provided further that the total of all profits derived from the operations of such racing on such charity day, including all moneys which would otherwise be received by the state racing commission as taxes for such day's operation shall be and become a part of the charity trust fund for which such racing on such days is conducted. (b) Provided further, that in determining profits derived from such racing on such charity day, which profits shall include all taxes payable to the state or any agency thereof for such day's operations without the initial expense of operational allowance provided by law for dog tracks, said tracks shall only be entitled to deduct from the profits accruing from all receipts on such charity day of racing their actual operating costs, which costs shall be those expenses incurred by the race track solely by reason of holding said ch.arity day of racing and shall not be deemed to mclude such expenses constant from day to day and which would have been incurred had the race on that day not been held; including, but not limited to such items as capital expenditures; interest or{ debts; real estate taxes and annual license fees; donations; bad debts; and such other items of daily or prorated expense as the racing commission may by rule prescribe (c) Provided further, that in addition to any charity days as herein provided the state racing commission is authorized to grant one additional day of racing during the summer thoroughbred horse racing period, upon application and agreement by any track in w~ich one specific day of any meet shall be set aside, and all profit, less actual operating costs, fr?m such specific day's operations of such track, Including all taxes payable to the state or any agency thereof for such day's operation shall be paid into the state treasury for a scholar-

8 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 ship trust fund which shall be administered by the board of regents of the state for the granting of scholarships for the purpose of attending the institutions of higher learning of the state upon such terms and conditions as the said board may from time to time prescribe. Actual operating.costs of any track conducting such additional day of racing to be deducted from all receipts on such additional day of racing shall not include expenses constant from day to day and which would have been incurred had the race on that day not been held; including, but not limited to, such items as capital expenditures; interest on debts; real estate taxes and annual license fees; donations; bad debts; and such other items of daily or prorated expense as the racing commission may by rule prescribe. (d) The provisions of this subsection will be in addition to and supplemental to , and this section, and shall be construed as authority for granting additional days of racing above the total days provided in said sections. Bistor:r.- 1, ch Summer thoroughbred racing; tax; commission; breakage; admissions and occupational license tax.- (1) Each licensee conducting a horse race meeting during the summer thoroughbred racing season shall pay a tax equal to eight per cent of the total contributions to all pari-mutuel pools there conducted and made on any and every horse race, which tax shall be paid to the state treasurer in his capacity as ex officio treasurer of the commission. After expenses of the commission are paid, the state treasurer as ex officio treasurer of the commission shall divide the proceeds realized from the eight per cent tax hereby imposed into as many equal parts as there are counties in the state and shall remit one part to each county on or before December 1 of each year during which summer thoroughbred horse racing has been conducted. (2) The commission on a pari-mutuel pool on every horse race which may be withheld by the licensee and the state from the total contribution shall in no event exceed fifteen per cent of the amount contributed thereto, which commission shall include the eight per cent tax hereinabove provided for. (3) In addition to the foregoing eight per cent tax, each licensee operating a horse race track during the summer thoroughbred racing season shall pay the breakage tax provided for in , which tax revenues shall be distributed as therein provided. (4) The proceeds of the breakage tax which are paid into the Florida horse racing promotion trust fund shall be allocated by the commission so as to provide for the supplementing and augmenting of the purses and prizes for the current year's overnight races, the current year's stake races and for the payment of breeders' awards as provided in , and for no other purpose. Funds allocated by the commission for the purpose of supplementing and augmenting purses during the summer horse racing season shall not be used to pay any portion of the minimum purses required by (5) In addition to the foregoing taxes, each licensee shall also pay the tax on admissions as provided for in , which tax revenues shall be distributed as provided by subsection (1). (6) All persons connected with a horse race track in connection with its summer thoroughbred racing meet shall pay the annual occupational tax provided for in ; provided, however, that nothing herein contained shall be construed as requiring such person to pay more than one annual occupational license tax. (7) The provisions of shall apply to a horse race track conducting a summer thoroughbred racing meet and no other license, excise, admission or occupational tax shall be levied or charged by any city, county or town against any such horse race track, or patron thereof, whether heretofore or hereafter authorized by special act of the legislature. Wstor;r.- 1, ch Annual license; summer thoroughbred racing period.-on or before November 1 of each year, beginning November 1, 1965, each of the thoroughbred horse race tracks located within the said area may file in writing with the state racing commission its application for permission to conduct, a thoroughbred horse race meeting for a period of not to exceed thirty racing days, exclusive of Sundays, during the summer thoroughbred racing season commencing on June 1 of the following year. On or before November 15 of each year, the state racing commission shall issue a license authorizing the permit holder to conduct a racing meet during the summer thoroughbred racing season during the period and for the number o.z days set forth therein. Wstor:r.- 1, ch Minimum purse per race.-a permit holder licensed to conduct a summer thoroughbred horse race meeting shall pay a minimum purse for each race conducted by it of not less than two thousand five hundred dollars and shall distribute in total purse money during its meet not less than twenty per cent more than its daily minimum purse requirement. Such permit holders by application for and acceptance of a license for a summer race meeting shall be deemed to have agreed as a condition of the grant thereof that such minimum purses will be paid. Wstor;r.- 1, ch Allocation or reallocation of racing days.-the state racing commission shall have the right to allocate or assign to another track or other tracks authorized to conduct summer thoroughbred horse racing, upon application therefor, any days or dates during the summer thoroughbred racing season which have not

9 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 been applied for, provided the aggregate total number of summer thoroughbred horse racing days shall not exceed ninety days, exclusive of Sundays, for any one horse racing licensee during the summer thoroughbred racing period and provided further that such application must be filed on or before November 10 of each year, beginning November 10, The state racing commission shall have the right to reallocate or reassign to any other track or other tracks au~ thorized to conduct summer thoroughbred horse racing any racing dates previously allocated or assigned to a licensed thoroughbred horse racing track when said summer racing dates have been abandoned, surrendered, or will not be used for any reason whatsoever, provided the aggregate total number of summer thoroughbred horse racing days permitted hereunder shall not exceed ninety days, exdusive of Sundays, for any one horse racing licensee. The failure of any thoroughbred horse race track to apply for dates to conduct a summer thoroughbred racing meet in any one or more years shall not preclude such track from making such application in any subsequent year. mstor,-~ 1. ch Summer thoroughbred racing period; application of chapter.-in all respects the provisions of this chapter shall be applicable to the summer thoroughbred horse racing season herein authorized except those provisions thereof which are inconsistent herewith. mstor,-.- 1, ch Moneys to be paid to commission for operation of race track.- (1) Every person engaged in the business of conducting race meetings under this chapter, shall pay to the state treasurer in his capacity as ex officio treasurer of the commission for the use, of the commission a sum equal to three per cent of the total contributions to all pari-mutuel pools conducted or made on any and every race track licensed under this chapter, and on every race at such track. In addition to the aforesaid taxes, each person authorized to conduct race meetings under this chapter shall collect from each person attending such races fifteen per cent of the established admission price or the sum of ten cents from each person attending such race meeting, whichever sum is the greater, as an admission tax, and said person shall pay to the state treasurer as ex officio treasurer of the commission the tax hereinabove provided for. Payments shall be made every seventh day of any and every race meeting and shall be accompanied by a report under oath, showing the total of all contributions and admissions on the races covered by such report and such other information as the commission may require. (2) If any free passes or complimentary cards shall be issued to guests by any licensee, the licensee of any such track shall pay to the commission the same tax upon such complimentary admission cards each time they are used for admission to the track as though such complimentary passes or cards had been sold at the regular and usual admission rate; provided that the person conducting any race meeting in this state may issue ticketj for admission, showing the amount of admission and the amount of tax to be paid by each person; however, this provision shall not be construed to mean that the association will not be held liable for the payment of the admission tax to the state treasurer as ex officio treasurer of the state racing commission; provided, however, that a race track permit holder may, by and with the consent of the commission, issue tax-free passes to its officers, officials and employees or other persons actually engaged in working at such race track, including persons actually employed and accredited press representatives, such as reporters and editors, and may also issue tax-free passes and tax-free box seats to other racing plant permit holders. A list of all persons to whom tax-free passes or tax-free box seats are issued shall be filed with the commission. Hlstor,-.- 9, ch , 1931; 8, ch , 1935; COL 1938 Supp. 4151(57); 2nd par. by 3, ch cf.- ~ (8) Additional tax on pari-mutuel pool License fee In lieu of pari-mutuel pool tax. * Occupational license tax to be paid by employees; denial and revocation of li cense.- (1) All persons connected with race tracks shall pay an annual occupational license tax, this occupational tax to be payable for each specified job performed. The scheduled license fees are as follows: (a) Contractual concessionaires with permit holders, twenty-five dollars. (b) Professional persons such as owners, trainers, veterinarians, doctors, nurses, officials and supervisors of all departments, ten dollars. (c) Jockeys, apprentice jockeys, jockey agents and jai alai players, five dollars. (d) Permit holder employees, concession employees, grooms, exercise boys, hot walkers, miscellaneous stable help, platers and all others not specifically provided, four dollars. (2) It is unlawful for any person to take part in or officiate in any way or to serve in any capacity at any race track without first having secured said license and paid said oc -cupational tax This section shall not apply to any men disabled to a degree not less than ten per cent as administered by the Veterans Administration of the federal government when such men were disabled in any war or hostilities of which the United States was a participant. (3) Every race track operating in the state and having a license from the racing commission shall be required to employ at least eighty-five per cent of their employees from bona fide residents and citizens of the state, exclusive of jockeys or apprentices, exercise boys, owners, trainers, clockers and governing

10 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 and managing officials and heads of the departments of the track. (4) (a) The commission may deny or revoke a license to any person who shall have been refused a license by any other state racing commission or racing authority; provided, however, that the state raeing commission or racing authority of such other state extends to the State Racing Commission of Florida reciprocal courtesy to maintain the disciplinary control. (b) The State Racing Commission may deny or revoke any license where the holder thereof has violated the rules and regulations of the commission governing the conduct of persons connected with the race tracks. History.- 9B, ch , 1931; 9, ch , 1935; CGL 1936 Supp. 4151(58); 7, ch , 1945; 4, ch ; 1, ch *Note.-Tax exemptions provided by ch expire July 1, cf Occupational license tax on fronton employees License to be Issued by county judge Tax imposed to be in lieu of other taxes, except city.-the tax imposed by shall be in lieu of all license, excise or occupational taxes to the state or any county, city, town or other political subdivision thereof, except that when any race meeting is held or conducted in any incorporated city or town, such city or town may assess and collect an additional tax against any person conducting racing within its corporate limits not to exceed one hundred fifty dollars per day for horse racing and not to exceed fifty dollars per day for dog racing; and except as herein provided, no incorporated city or town shall by ordinance or resolution enacted after the effective date of this act, assess or collect any additional excise or revenue tax against any person conducting race meetings within the corporate limits of such city or town, or against any patron of any; such person. Hlstory.- 10, ch , 1931; CGL 1936 Supp (59); 1, ch cf.-ch. 205 License taxes Method of bookkeeping prescribed. Every person conducting race meetings under this chapter shall so keep books and records as to clear ly show the total number of admissions and the total amount of money contributed to every pari-mutuel pool on each race separately and the amount of money received daily from admission fees, and within sixty days after the conclusion of every race meeting shall submit to the commission a complete audit of its accounts, certified by a public accountant licensed to practice in the state, and in addition, every person conducting race meetings under this chapter shall submit to the commission a detailed annual audit. The state auditor may audit and check the books and records of any such person and upon the request of the commission he shall do so. Hlstory.- 11, ch , 1931; CGL 1936 Supp. 4151(60). 15, ch ; 1, ch Division among counties of moneys derived under this law.-all moneys received by the state treasurer as ex officio treasurer of the commission shall be distributed among the several counties of the state in the following proportions in the manner and at the times hereinafter specified: (1) All such moneys, after expenses of the commission are paid, shall be divided into as many equal parts as there are counties in the state and there shall be remitted one part to each county. (2) Distribution among the several counties shall begin each racing year on or before January 5 and shall continue monthly through April 5; and on or before May 5 the state comptroller shall determine and make a finding of all receipts and all moneys paid out upon warrants of the comptroller during the year, and the balance remaining on hand as shown by such statement shall be distributed among the several counties of the state, except that prior to making such distribution there shall be retained and reserved in the state treasury a sum not to exceed forty thousand dollars to the credit of the commission for salaries and expenses. (3) This section shall be construed to permit, after expenses of the commission are paid, the retention in the state treasury from and after January 5 of each year and until May 5 of each year a suni not to exceed an amount equalling ten per cent of the total receipts under this chapter to insure sufficient moneys on hand at all times for current operating expenses of the commission, and the comptroller shall distribute the balances over and above such ten per cent on or before the fifth day of the months of January, February, March and April. It shall further be construed to mean that,.after all salaries and necessary expenses of the commission have been paid for each racing season, up to but not exceeding forty thousand dollars shall be retained to the credit of the commission to meet its expenses accruing before further moneys are received under this chapter, and that all the balance of said money shall be apportioned equally and paid to the several counties of the state by the comptroller on or before May 5 of each year or as soon thereafter as may be practicable. H lstory.- 12, ' ch , 1931; 1, ch , 1933; CGL 1936 Supp. 4151(61); 1, ch , Payment of racing funds to county boards of public instruction.-in all cases where it is provided by local or special laws that onehalf of all monies accruing to any county of the state under the provisions of this chapter, (the same being racing commission funds), shall be paid to the treasurer of the state, as ex officio treasurer of the teachers salary fund, to the credit of the board of publie instruction of any such county, such monies shall be paid direct to the board of public instruction of such county. History.-- 1, ch , Use of moneys by counties.-when the moneys mentioned in have been transmitted to the county commissioners of the several counties of the state in accordance with 2660

11 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 the provisions of this chapter, the county commissioners of the several counties may determine whether such moneys, or any part thereof, shall be converted into the county school fund, or to some other lawfully authorized fund, or shall be equally or otherwise apportioned to any two or more of such funds; provided, however, that if the supreme court of this state shall hold the foregoing use of said moneys mentioned in to be an illegal use of the same, then said funds so remitted to the several counties of this state shall be held by the respective county commissioners in a fund to be designated special road fund, to be used by and under the direction of the board of county commissioners of each county, who are designated ex officio agencies of the state for the purposes of this chapter, for one or more of the following purposes which are expressly recognized and declared to be proper state objects, and the expenses thereof incurred for a general and state purpose: (1) For the construction and maintenance of those state roads, or either of them within such county as have not been taken over for maintenance by the state road department of this state; or (2) The whole or any part of the moneys so remitted may, by resolution of the board of county commissioners of each county, be paid over by the county commissioners for use by the board of public instruction of such county, to be used by such board of public instruction in payment of teachers' salaries or in payment of cost of transportation of pupils in the public school system of such county; provided, that in those instances where, by virtue of any local or special law, now in force or hereafter enacted, any portion of such funds is earmarked for use by the board of public instruction of any county of this state, the county commissioners shall, upon receipt of such funds, remit the proportionate allocated part thereof to such board of public instruction, and the money so remitted shall be used for the exclusive purposes aforesaid; provided, further, in those instances where any other method of remittance is prescribed by local or special law then such method shall be followed. This section shall be liberally construed. Hlstory,- 13, ch , 1931; CGL 1936 Supp. 4161(62); 1, 2, ch , Bond required of licensees to conduct race meeting.-every person to whom a license may be granted under this chapter, at his own cost and expense, shall before any such license is delivered, give a bond in the penal sum of fifty thousand dollars payable to the governor of the state and his successors in office, with a surety or sureties to be approved by the commis3ion and the state treasurer, conditioned to faithfully make the payments to the state treasurer in his capacity as treasurer of the commission and to keep his books and records and make reports as provided, and to conduct his racing in conformity with this chapter. Hlstol'T.- 14, ch , 1931; CGL 1936 Supp, 4l61(73) Pari-mutuel pool authorized within track enclosure; commissions, breaks, etc.- (1) The sale of tickets or other evidences showing an interest in or a contribution to a pari-mutuel pool is hereby permitted within the enclosure of any horse race track and dog race track licensed and conducted under this law, but not elsewhere in this state except as is provided in chapter 551. The sale and purchase of tickets or other evidences showing an interest in or a contribution to pari-mutuel pools in this state shall be under the supervision of the state racing commission and shall be done subject to such regulations as the state racing commission shall from time to time prescribe. (2) The commission on a pari-mutuel pool on every horse race which may be withheld by the licensee and the state from the total contributions made to such pari-mutuel pool shall in no event exceed fifteen per cent of the amount contributed thereto, and the commission on a pari-mutuel pool on every dog race which may be withheld by the licensee and the state from the total contributions made to such pari-mutuel pool shall in no event exceed seventeen per cent of the amounts contributed thereto, which said maximum commissions shall include the three per cent tax heretofore provided by , together with the additional tax of five per cent of the total contributions to all pari-mutuel pools conducted on every horse race and the additional tax of four per cent of the total contributions to all pari-mutuel pools conducted on every dog race, hereinafter provided for old age assistance and other purposes. (3) Mter deducting a commission or license and the "breaks" (hereinafter defined), a parimutuel pool shall be redistributed to the contributors. ( 4) Redistribution of funds otherwise distributable to the contributors of a pari-mutuel pool shall be a sum equal to the next lowest multiple of ten on horse and dog races. (5) No distribution of a pari-mutuel pool shall be made of the odd cents of any sum otherwise distributable, which odd cents shall be known as the "breaks." (6) The "breaks" shall be known as the difference between the amount contributed to a pari-mutuel pool and the total of the commissions and sums redistributed to the contributors. (7) No person or corporation shall directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a pari-mutuel pool for another for hire or for any gratuity and no person shall purchase any part of a pari-mutuel pool through another, wherein he gives or pays directly or indirectly such other person anything of value, and any person violating this section shall be deemed guilty of a misdemeanor. (8) In addition to the three per cent parimutuel tax provided for by , and any and all other taxes otherwise levied and as-

12 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 sessed, every person, association or corporation conducting a horse race meet shall pay a tax equal to five per cent, and every person, association or corporation conducting a dog race meet shall pay a tax equal to four per cent of the total contributiono to all pari-mutuel pools there conducted and made on any and every horse race and dog race for operation of such horse and dog tracks, which addit:onal tax of five per cent on horse race pari-mutuel pools and one-half of the additional four per cent tax on dog race pari-mutuel pools shall be known as the "old age assistance tax" and shall be paid to the state treasurer for deposit in the general revenue fund. The remaining one-half of the additional four per cent tax on dog race pari-mutuel pools shall be paid to the state treasurer as ex officio treasurer of the state racing commission and shall be distributed among the sixty-seven counties of the state. Such money shall be divided into as many equal parts as there are counties in the state and there shall be remitted one part to each county. Distribution among the several counties shall be as provided by (9) Provided that in the event the tax equal to three per cent of the total contributions to all pari-mutuel pools conducted or made on any and every horse race track, plus the three thousand dollars license fee from horse (running) tracks having an average daily pari-mutuel pool of less than one hundred seventy-five thousand dollars per day for the preceding season, and on any and every dog race track as provided by , plus the three hundred dollars license fee from dog tracks having an average daily pari-mutuel pool of less than twenty thousand dollars per day for the preceding racing season, distributed equally to the sixty-seven counties of this state, produces during any full and complete racing Heaoon authorized by law, less than the total amount from said source distributed to the said counties during the racing season , such deficiency and no more shall be paid into said fund created by the said three per cent tax and license fee as aforesaid for distribution to the sixty-seven counties of this state according to law, from and out of the additional tax equal in the amount of five per cent on all pari-mutuel pools at horse race meets and the one thousand dollars license fee for old age assistance from horse (running) tracks having an average daily pari-mutuel pool of less than one hundred seventy-five thousand dollars per day for the preceding season and two per cent on all pari-mutuel pools at dog race meets, and the two hundred dol!.ars license fee for old age assistance from dog racing tracks having an average daiiy pari-mutuel pool of less than twenty thousand dollars per day for the preceding racing season, as herein levied and designated for old age assistance, and the balance of said additional tax of five per cent and the one thousand dollars license fee for old age assistance from horse (running) tracks having an average daily pari-mutuel pool of less than one hundred seventy-five thousand dollars per day for the preceding season, on horse race tracks and two per cent on dog race tracks having an average daily pari-mutuel pool of less than twenty thousand dollars per day for the preceding racing season, shall be paid into said general revenue fund as herein provided, and for the purposes set forth. (10) The taxes levied by subsection (8) of this section to be known as the old age assistance tax shall in no wise affect or be construed to repeal or affect any other tax on horse or dog race tracks or races or the apportionment thereof in equal portions to each county of the state. (11) The taxes levied by subsection (8) of this section shall be paid at the times and places as provided by law for the payment of other taxes based on a per cent of pari-mutuel pools. (12) Any willful or wanton failure by any licensee to make payment into the state treasury as required by law shall constitute sufficient ground for the state racing commission to revoke the permit of such licensee and no further license or permit shall be issued to such former licensee. Hlstory.- 16, ch , 1931; 10, ch , 1935; CGL 1936 Supp. 4161(74), 8136(6b); 1-6, ch , 1941; am. 1-6, 9, ch , 1943; 1, ch , 1945; 1, chs , 26334, 1949; sub. (2),(8),(10),(12) am. 1, ch , (1), (2), (8) a. by 1, 2, 3, ch , 1955; (8)-(10) a. by 2, ch ; (11) r. by 1, ch , subsequent subsections renum.; (4) 1, ch cf Exception re-horse racing Moneys to be paid commission for operation of race track (4) Breaks tax deposited In general revenue fund Pari- mutuel pools of less than $400,000 daily; license fee; distribution.- (!) Any duly licensed horse (running) race track having an average daily pari-mutuel pool of less than four hundred thousand dollars per day for the preceding racing season shall, in lieu of the payment of the five per cent and three per eent tax paid to the state from parimutuel pools as now provided by law, be permitted to operate the sale of pari-mutuel pools on the basis of a fixed daily license fee, which shall be determined from the preceding racing season's daily average mutuel pool of the licensee, and which is hereby fixed according to the following schedule: Up to $175,000.. $ 4,000 per day Over $175,000 but not exceeding $200, $ 5,000 per day Over $200,000 but not exceeding $225, $ 6,000 per day Over $225,000 but not exceeding $250, $ per day Over $250,000 but not exceeding $275,000 $ 9,000 per day Over $275,000 but not exceeding $300, $11,000 per day Over $300,000 but not exceeding $325, $13,000 per day Over $325,000 but not exceeding $350, $15,000 per day Over $350,000 but not exceeding $375,000 $18,000 per day Over $375,000 but less than $400, $21,000 per day three-fourths of which daily license fee shall 2662

13 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 be distributed equally to the sixty-seven counties of this state and the remaining one-fourth to the state's general revenue fund. Hlstor;r.-comp. 1, 2, ch , 1953; (1) by 24, ch (2) r. by 6, ch ; 2, ch Dog racing; daily operational cost allowance.- (1) (a) It is the finding of the legislature of Florida that the operation of a dog track and legalized pari-mutuel betting at dog tracks in this state is a privilege and is an operation which requires strict supervision and regulation in the best interests of the state; that pari-mutuel wagering at dog tracks in this state is a substantial business and taxes derived therefrom constitute part of the tax structures of the state and counties. It is the further finding of the legislature that the operators of dog tracks should pay their fair share of taxes to the state, and at the same time this substantial business interest should not be taxed to an extent as to cause a track which is operated under sound business principles to be forced out of business. (b) It is the further finding of the legislature that all dog race tracks have in common a "daily initial expense of operation." This "daily initial expense of operation" is created by certain factors which are common to all dog tracks and which remain relatively uniform and constant among the several dog tracks throughout a race meeting. (2) Each licensed dog track holding a permit to conduct racing in this state under the authority of this chapter, and the state by and through the state racing commission, is authorized to withhold from the total maximum commission of seventeen per cent that may be withheld from the total amounts contributed to pari-mutuel pool on dog races the sum of one hundred seventy dollars per race, and not to exceed ninety days during any race meeting, which said amounts shall be credited to the dog track operators as a daily "initial expense of operation." No tax shall be levied or collected on said one hundred seventy dollars so withheld and all taxes imposed by and , or by any other act of the legislature shall be imposed upon the seventeen per cent of total amounts contributed to any pari-mutuel pool at dog tracks less the above described one hundred seventy dollars "initial expense of operation" amount per race. The daily "initial expense of operation" allowance shall be deducted from the seventeen per cent commission prior to any tax bp.ing imposed on said pool and said allowance shall be credited to the track operator. (3) All allowances granted by this section to the track operator known as the "initial expense of operation" a11owance shall appear on the report tendered by the licensee as provided by , and shall be shown on the tax report submitted by the licensee every seventh day of the race meeting. (4) Nothing in th~s section shall be construed so as to allow any dog track in this state 2663 an "initial expense of operation" allowance as provided herein for any day on which races may be held for the benefit of educational scholarships or charitable organizations. mator;r.-comp , ch , Dog racing; daily license fee.- (1) Any duly licensed dog race track, having a daily pari-mutuel pool of less than twentyfive thousand dollars per day in a racing season, shall, in lieu of the payment of the tax imposed in and , or any other law imposing a tax upon the seventeen per cent of the total pari-mutuel pool at dog race tracks, be permitted to operate the sale of pari-mutuel pools on the basis of a fixed daily license fee which fee shall be determined from the following schedule: Up to and including $20,000 - $150 per day Over $20,000 per day and not exceeding $21,000 per day _ $200 per day Over $21,000 per day and not exceedinl!,' $22,000 per day _ $250 per day Over $22,000 per day and not exceeding $23,000 per day _ $300 per day Over $23,000 per day and not exceeding $24,000 per day _ $350 per day Over $24,000 per day and not exceeding $25,000 per day _ $400 per day (2) VVhenever any dog race track exceeds the sum of twenty-five thousand dollars per day in its pari-mutuel pool totals, this section shall not apply and such dog race track shall be taxed as provided by other general laws, and at such time such dog track shall receive any "daily initial cost of operation" credit allowed by general law. (3) Three-fifths of such daily license fee shall be distributed equally to the sixty-seven counties of the state and the remaining twofifths to the state's general revenue fund. Hlstor;r.- 1-3, ch , 1955; (3) a. by 2, ch Escheat to state of abandoned interest in or contribution to pari-mutuel pools.- (1) It is hereby de~lared to?e the p_ublic policy of the state, while protectmg the mterest of the owners thereof, to possess all unclaimed and abandoned interest in or contribution to any pari-mutuel pool conducted in this state under the provisions of chapters 550 and 551 for the benefit of all the people of the state, and this law shall be liberally construed to accomplish such purpose. (2) All money or other property represented by any unclaimed, uncashed, or abandoned pari-mutuel ticket which has remained in the custody of or under the control of any licensee authorized to conduct pari-mutuel pools in this state for a period of one year from the date said pari-mutuel ticket was issued, when the rightful owner or owners thereof, have made no claim or demand for such money or other property within the aforesaid period of time, is hereby declared to have escheated to or to escheat to, and to have become the property of the state. (3) All money or other property which shall

14 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 have escheated to and become the property of the state as provided herein, and which is held by such licensees, authorized to conduct parimutuel pools in this state, shall be paid by such licensees to the state treasurer annually within sixty days after the close of the race meeting of the said licensee. Such moneys so paid by said licensees to the state treasurer shall be deposited in the state school trust fund to be used for the support and maintenance of public free schools as required by 4, Art. XII, state constitution. mstory.- 1-4, ch , 1955; 7, ch ; 2, ch (3) a. by Proof of referendum required. The commission shall not issue any license under this chapter except upon proof in such form as the commission may prescribe that a referendum election has been held in the county where the applicant for such license desires to conduct a race meeting and that a majority of the electors voting on that question in such election voted in favor of licensing such racing. Hlstory.- 17, ch , 1931; CGL 1936 Supp. 4151(75) Petition for election to revoke license.-upon petition of twenty per cent of the qualified electors of any county wherein any racing has been licensed and conducted under this chapter, the county commissioners of such county shall provide for the submission to the electors of such county at the then next succeeding general election the question of whether any permit or permits theretofore granted shall be continued or revoked, and if a majority of the electors voting on such question in such election shall vote to cancel or recall the permit theretofore given, then the racing commission shall not thereafter grant any license on the permit so recalled. Every signature upon every such recall petition shall be signed in the presence of the clerk of the board of county commissioners at the office of the clerk of the circuit court of the county and the petitioner shall present at the time of such signing ms registration receipt showing his qualification as an elector of the county at the time of the signing of the petition. Not more than one permit shall be included in any one petition and in all elections wherein the recall of more than one permit shall be voted on, the voters shall be given an opportunity to vote for or against the recall of each permit separately. Nothing in this chapter shall be construed to prevent the holding of later referendum or recall elections. Hlstory.- 18, ch , 1931; 11, ch , 1936; CGL 1936 Supp. 4151(76); am. 17, ch , Certain persons prohibited from holding racing permits; suspension or revocation of permits.- (1) On and after the first day of July, 1952, no person who shall have been convicted of a felony in the state, or under the laws of any other state, government or country of an offense which would be a felony if committed within this state, or who shall have been 2664 convicted of bookmaking in the state or elsewhere, or who is commonly known as a bookmaker and bears the general reputation of being a bookmaker, or who knowingly associates regularly with persons commonly known as bookmakers or criminals, shall hold any horse or dog racing permit or jai alai fronton permit in the state, or be a member of any association which holds such permit, or be an officer or director of any corporation which holds such a permit, or be an employee of the holder of any such permit in any capacity connected to any extent with the racing business or jai alai fronton business in the state. (2) In order to better effectuate this section, and to assist the state racing commission in checking up on the observance of this section, every person holding a horse or dog racing permit or jai alai fronton permit in this state, and every person who is a member of an association holding such a permit, and every person who is an officer or director of a corporation which holds such a permit, and every employee of the holder of any such permit in any capacity connected to any extent with the racing business or jai alai fronton business in this state, shall, at such times as shall be fixed by rule promulgated by the state racing commission, furnish the said commission, for its files, his fingerprints and photograph taken under the supervision and direction of the said commission. (3) The state racing commission shall either suspend or revoke a racing permit or jai alai fronton permit upon proof, after due notice and hearing, that such permit is held by a person in violation of subsection (1) of this section, or that it is held by an association or corporation and that any person is a member, officer, or director thereof in violation of said subsection (1), or that any person is an employee of the permit holder in violation of said subsection (1); except, however, that no such permit shall be either suspended or revoked because of the employment of a person in violation of said subsection (1) if such employment is terminated and sufficient evidence of such termination furnished said commission within three days after notice is given to the permit holder of the commission's finding, after a hearing held as hereinabove provided for, that such person is an employee of the permit holder in violation of said subsection (1) ; and except, further, that no such permit held by a corporation shall be either suspended or revoked because a person is an officer or director of such corporation in violation of said subsection (1), if such person ceases to be such officer or director and the commission is furnished sufficient evidence that such is the case, within fifteen days after notice is given to the permit holder of the commission's finding, after a hearing held as hereinabove provided for, that such person is an officer or director in violation of said subsection (1). matory.-comp , ch , cf , Quarter horse racing.

15 Ch. 550 DOG RACING AND HORSE RACING Ch Chapter not applicable to racing conducted by fair associations.-n o part of this chapter shall be construed to apply to racing conducted by county or state fair associations or to any racing whatsoever except running or harness horse races and dog races. Histor;r.- 19, ch , 1931; CGL 1936 Supp. 4151(77) License to be issued by county judge.-when any license is granted by the commission under this chapter the same shall be issued by the county judge of the county where such race meeting is to be held, and the county judge shall receive from the licensee twenty-five cents for issuing same. History.- 20, ch , 1931; CGL 1936 Supp. 4151(78). cf , Elections Permits not assignable.-no permit granted under the provisions of this chapter shall be transferable or assignable exc~pt upon application to, and written consent and approval of said commission. History.- 21, ch , 1931; 12, ch , 1935 CGL 1936 Supp (79). ' state prison for not less than one year nor more than ten years, or shall be fined not less than one thousand dollars nor more than five thousand dollars. History.- 9, ch , 1935; CGL 1936 Supp. 8135(6a). cf , Alternative punishment Penalty for conducting unauthorized race meeting.-every race meeting at which racing is conducted for any stake, purse prize or premium, except as allowed by this chapter, is prohibited and declared to be a public nuisance, and every person acting or aiding therein or conducting, or attempting to conduct, racing in this state not in conformity with this chapter shall be deemed guilty of a misdemeanor, and upon conviction be punished as provided by law. History.- 15, ch , 1931; CGL 1936 Supp. 8135(6), ct , Punishment tor misdemeanor, Tax on breaks; distribution.- (!) A tax is hereby levied upon every parimutuel pool conducted by horse tracks and dog tracks within the state authorized by law so to do equal to the "breaks," which said Moneys to be held by state treasurer if distribution held illegal.-in the event the "breaks" shall be the difference between: supreme court of the state should hold invalid (a) The amount contributed to a pool; and the apportionment and distribution as now or (b) The total of the commissions and the hereafter provided of any part or all of the sums actually redistributed to the contributors, excise or license taxes now collected by the which tax shall be known as the "breaks tax." state incident to the operation of any race track (2) The tax hereby levied shall be paid at or of the game of jai alai or pelota, or parimutuel pools conducted in conjunction there the payment of other taxes based on a per cent the times and places as provided by law for with, then all such funds levied and collected of the pari-mutuel pool. by the state from the operation thereof shall be (3) It shall be the duty of every such horse held in a separate fund by the state treasurer race traek licensee and of every such dog race of this state, such fund to be known and designated as the special state racing commission the tax hereby levied and said licensee shall track licensee to pay unto the state treasurer fund, until such time as the legislature of this be liable therefor. state shall authorize the distribution thereof. ( 4) Fifty per cent of the breaks tax hereby The fund so impounded shall not be subject levied on pari-mutuel pools conducted by horse to transfer, temporarily or permanently, to any tracks, and three fourths of the breaks tax hereby levied on pari-mutuel pools conducted by other fund. History.- 22, ch , 1931; 1, ch , 1939 CGL dog tracks, shall be deposited by the state treasurer into, and it shall become and be made a 1940 Supp (72dd). ' Application of laws inconsistent part of, the general revenue fund. The remainwith this chapter.-all laws and parts of laws ing fifty per cent of the breaks tax levied on inconsistent with any of the provisions of this pari-mutuel pools conducted by horse tracks chapter are exp~e~sly. declared not to apply to shall be distributed as provided for in sub secany person participatmg or engaged in racing tion (5). The remaining one fourth of the breaks or making or contributing to pools thereon as tax levied on pari-mutuel pools conducted by authorized by and conducted under this dog tracks shall be divided into as many equal chapter. parts as there are counties in the state and Histor, , ch , 1931; CGL 1936 supp ( 81 ). there shall be remitted one part to each county. This distribution to the counties shall be made Conniving to prearrange result of at the times and in the manner provided by race; stimulating or depressing horse or dog penalty.-any person who shall influence o~ (5) (a) It is the finding of the legislature have any understanding or connivance with that the revenues derived from pari-mutuel waany owner, jockey, groom or other person asso- gering in this state are a vital and integral part ciated with or interested in any stable kennel of the tax structure of the state and of the horse or dog or race in which any horse o~ various counties. It is the further finding of the dog participates, to prearrange or predeterm- legislature that the breeding of thoroughbred ine the results of any such race, or any per- horses has become a sizable industry in this son who shall stimulate or depress a dog or state which contributes a great deal to the revhorse for the purpose of affecting the results enue of this state and which industry should be of a.ra~e, shall be guilty of ~ felony and upon encouraged in this state. It is the further findconviction thereof shall be Imprisoned in the ing of the legislature that certain states, among 2665

16 Ch. 550 DOG RACING AND HORSE RACING Ch them California, New York and Maryland, have horse racing with pari-mutuel wagering during times which directly conflict with the times horse racing is run in this state and which are in direct competition with this state. It is the further finding of the legislature that horse tracks in the state of Maryland, by virtue of recent favorable legislation in such state and through various other means, are able to offer certain minimum purses or prizes in excess of the minimum offered generally at tracks in this state and that such tracks in Maryland have a purse or prize structure generally that gives such state a competitive advantage over tracks located in this state. It is the further finding of the legislature that as a result of the purse structure in Maryland many owners of thoroughbred horses who would otherwise race in Florida no -longer do so and that resultantly the quality of the breed running in this state has suffered. (b) It is the further finding of the legislature that when well bred horses are racing, horse tracks are likely to attract more of the wagering public with a concomitant increase in the amount wagered, resulting in increased revenue to this state. It is the further finding of the legislature that the revenue to the state realized through pari-mutuel wagering will be seriously impaired unless the purse or prize structure at tracks in this state is altered so as to provide minimum purses or prizes competitive with those of other states and to increase other purses or prizes and thus induce the owners of the best horses in the country to race them on tracks in Florida. It is therefore declared to be the policy in this state that the present danger to the growth and welfare of horse racing and to the tax structure of the state and counties be lessened by utilizing fifty per cent of the breaks tax levied on parimutuel pools conducted by horse tracks as a source of funds for augmenting the purse and prize structure at horse tracks in this state. (c) Said fifty per cent of the breaks tax shall be paid as provided for in subsection (2) and shall be paid into the state treasury to be kept in a special fund to be designated as the Florida horse racing promotion trust fund, and all moneys in such fund are hereby appropriated to the Florida state racing commission who shall administer such fund and prescribe suitable and reasonable rules and regulations for the administration thereof. The commission shall make an allocation of the moneys in such fund in such equitable manner as the commission may determine, taking into consideration the economic position of the various horse tracks in the state and their ability or inability to compete with tracks in other states because of the existing racing date structure in this state, and any other pertinent and relevant factors. (d) It is the intention of the legislature that the moneys in said Florida horse racing promotion trust fund be allocated so as to provide for the supplementing- and augmenting of the purses or prizes of the current year's overnight races and the current year's stakes races and for no other purposes. (6) Fifty per cent of the breaks tax levied on pari-mutuel pools conducted by harness racing tracks shall be paid into the state treasury to be kept in a special fund to be designated as the Florida harness horse racing promotion trust fund. The department of agriculture shall administer such fund and prescribe suitable and reasonable rules and regulations for the administration thereof. It is the intention of the legislature that the moneys in the Florida harness horse racing promotion trust fund be allocated for the supplementing and augmenting of purses and prizes and for the general promotion of owning and breeding of standard bred horses in Florida. Hlstory.- 1-4, ch , 1941; am. 1, ch , 1946; 7, ch , 1947; 1, ch , 1955; (4) 2, ch ; (4), (5) 2, cb ; (6) n. 1, cb ' Employment of residents required.- (!) The licensees of each race track or fronton now or hereafter operating in this state shall during each racing season employ at least eighty-five percent of their employees from bona fide residents and citizens of Florida and shall pay them at least said percentage of each weekly payroll, excepting jockeys, apprentices, exercise boys, owners, trainers, clockers, jai alai players, player managers and trainers, jai alai basket and ball makers, and all governing and managing officials and heads of departments of such track or ironton. (2) A person shall have resided and have made his home in Florida for two years continuously last prior to the date of employment by any race track or fronton to be deemed a bona fide resident or citizen under the terms hereof, providing, further, that registration and voting in the primary or general election last prior to such date shall be prima facie evidence of such bona fide residence and citizenship. (3) It shall be the duty of the Florida state racing commission before issuing any occupational license to any person to take part in or officiate in any way or serve in any capacity or be employed at any race track or jai alai ironton to require and obtain from each applicant for such occupational license, by affidavit and by such other evidence as the commission shall deem necessary, sufficient and satisfactory proof of such applicant's residenc and citizenship as herein defined, and to state upon each such occupational license issued by the commission the residence and citizenship so ascertained. ( 4) Whenever it shall be made to appear to the commission that any licensee of any race track or fronton is exceeding the amount of fifteen per cent in employees or amount of payroll as herein provided, the commission shall notify said licensee of such excess, and if same be not corrected before the next payroll the commission shall have the power and it shall be its duty to suspend a sufficient number of occupational licenses issued to employees of said race track or fronton who are not residents and citizens of Florida as herein defined to bring the number of employees and amount of payroll

17 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 within the limitations herein set forth. ( 5) Any person or the licensee of any race track or fronton knowingly and wilfully violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment not exceeding six months or by fine not exceeding five hundred dollars or both such fine and imprisonment. Blstory.- l-5, ch , Obtaining feed, etc., for race horses, dogs, etc., with intent to defraud.- (!) Any owner, trainer or custodian of any race horse, or greyhound racing dogs, who shall obtain food, drugs, transportation, veterinary services or supplies for the use or benefit of said race horses or greyhound racing dogs, with intent to defraud the person or persons, from whom said services or supplies are obtained, shall be guilty of a misdemeanor, and shall upon conviction be imprisoned in the county jail not to exceed six months, or by a fine not exceeding- five hundred dollars. (2) In prosecutions under the preceding section, proof that the supplies or services had been furnished and not paid for, and that the owner, trainer or custodian of said race horses or greyhound racing dogs, was removing or attempting to remove any of said race horses or greyhound racing dogs, out of the state and beyond the jurisdktion of the courts of this state, shall be prima facie evidence of the fraudulent intent mentioned in the preceding section. Blstory.- 1, 2, ch , Reallocation of racing dates.-the state racing commission shall have the right to reallocate or reassign, to any other licensed horse racing track, any racing dates previously allocated or assigned to a licensed horse racing track, when said racing dates have been vacated, abandoned, or will not be used, for any reason whatsoever, provided the aggregate total number of horse racing days permitted hereunder shall not exceed one hundred days for any one horse racing licensee. Blstory.- 1, ch , Racing and jai alai, periods of operation; limitation.- (!) The Florida state racing commission may annually allocate to the owners of valid outstanding permits under and by virtue of which greyhound racing and harness racing is now conducted in this state, not less than ninety days of racing, and not more than the number of racing days allocated or permitted to jai alai permittees, plus scholarship days and charity days allowed by law, Sundays excepted and excluded. Provided, however, the racing commission shall not allocate, for any one greyhound, harness or jai alai permittee, less than ninety or more than one hundred and five days of racing, plus scholarship days and charity days, Sundays excepted and excluded. (2) The provisions of this Rection are supplemental to other provisions of this chapter. Bistory.- 1, 2, ch Race track funds guaranteed from general revenue fund.- (1) There is hereby appropriated from any funds in the general revenue fund of the state derived from taxes which may be legally disbursed for the purposes herein set forth, or from proceeds of estate taxes and taxes upon intangible personal property, the sum of two million two hundred and eleven thousand dollars per annum during the period in which this section shall be in force and effect, or so much thereof as shall be necessary to carry into effect the purpose of this section. (2) In the event that the share of each county of the state in the distribution of funds received from the state racing commission shall be less than thirty-three thousand dollars for any year during the period in which this section shall be in force and effect the comptroller shall draw warrants payable respectively to the board of county commissioners, the county board of public instruction of each county of the state, or to such other authority as is authorized by law to receive the same, as now or hereafter provided by law for the apportionment of racing commission funds, for such amounts as added to the amount distributed to each county from funds received from the state racing commission shall cause each county to receive in the aggregate from funds received from the state racing commission and under the provisions of this section, the sum of thirty-three thousand dollars annually, during the period in which this section shall be in force and effect. (3) When the moneys provided for in subsection (2) hereof have been received by the respective boards or officials authorized by law to receive the same, it shall be the duty of such boards or officials to distribute or use such funds in such manner as will provide that each distributee under the provisions of the general or special law regulating distribution of race track funds in such county will receive the respective amounts contemplated by the provision of the general or special law regulating distribution of race track funds in such county. ( 4) This section shall be construed to be cumulative and supplemental to any and all other laws now or hereafter in effect providing for distribution of funds from the state treasury to the several counties of the state; provided, however, that this section shall not be construed as supplemental or cumulative to any other law now in existence or hereafter enacted for the purpose of providing funds to the several counties in replacement of any loss of revenue due to failure of taxes upon racing to yield to each county the sum of thirty-three thousand dollars or more each per year. Hlstory.- 1-5A, ch , 1943; 1-4, ch , Ct Disposition of proceeds from taxes Division among counties of money derived under this law Resumption of dog racing at certain tracks authorized.-where two or more racing meetings in successive racing seasons have been heretofore conducted at the dog race track of the

18 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 holder of a ratified permit to conduct dog racing under the laws of this state, and racing at such race track shall have been discontinued for any reason, and where such permit has not been revoked in a referendum election, and where such race track is not located closer than ten miles from an existing and operating dog race track by the most direct paved road, and when such race track was and is the only race track located in the county of its location, and where the present owner of such dog race track desires to resume racing at such race track, the Florida state racing commission, upon the application of such owner therefor, shall annually issue unto such owner of such race track license to conduct dog racing meetings at such track for the same number of racing days each dog racing season to which dog race tracks in counties having not more than one dog track are by law entitled, any provision of any law or rule in conflict herewith or to the contrary notwithstanding. Hlstory.- 1, ch , Quarter horse races by nonprofit agricultural cooperative associations.- (!) Subject to all the applicable provisions of this chapter, any bona fide nonprofit cooperative association organized under the laws of Florida, which has for its purposes the cooperative agricultural activity of breeding and training quarter horses, bettering existing types and strains of such horses, which has been in existence for two years or more may, subject to the provisions of this section, with the consent of the permit holder and racing commission, and only during the regular meet, time of day, and as a part of the regular racing program of the permit holder, conduct racing of registered quarter running horses at and upon the race track of any holder of a ratified permit to conduct running horse racing, provided no such racing shall be conducted on Sunday. (2) Sections , , and , are hereby declared to be inapplicable to quarter horse racing as permitted herein and all provisions of this chapter, except , , and , shall apply to, govern and control such racing and the same shall be conducted in compliance therewith. (3) Quarter horses participating in such races shall be duly registered by the American quarter racing association and before each race such horses shall be examined and declared in fit condition by some qualified person designated by the commission. mator;r.- 1, ch , 1949; (1) by 1, ch Dog racing at north Florida tracks. (1) Any dog racing track holding a valid outstanding permit for dog racing in the state and located north of latitude thirty degrees may hold race meetings at any time during the calendar year; provided, that no permit shall be issued for racing on Sunday or at any one location in excess of the aggregate of ninety days in any one calendar year. (2) This section shall be cumulative and not construed as repealing any other racing laws. Hlstory,-comp. 1, 2, ch , Transmission of racing information for illegal gambling purposes.- (1) It shall be unlawful for any person to transmit or communicate to another or receive or secure by any means whatsoever the results changing odds, track conditions, jockey changes' or any other information relating to any hors~ race or dog race from any race track in this state, b~tween the period of time beginning one ho.ur pri<?r to the first race of any day and ending thirty mmutes after the posting of the official results of each race as to that particular race except that the foregoing limitations shall not apply to the results of the last race of each day's meet. Provided, however, that the state racing commission may, by rule, permit the immediate transmission by radio, television or press wire of any pertinent information ~oncerning not more than two feature races each week; provided, further, that the foregoing limitation of two feature races per week shall vot apply to so-called "name stake races" which if broadcast or televised nationally the commission may in its discretion permit. (2).It shall be unlawful for any person to transmit by any means whatsoever racing information to any other person, or to relay the same to any other person by word of mouth, by signal. or by use of telephone, telegraph, radio, or any other means, when the information is knowingly used or intended to be used for illegal gambling purposes, or in furtherance of such gambling. (3) This section shall be deemed an exercise of the police power of the state for the protection of the public welfare, health, peace, safety and morals of the people of the state and all of the provisions herein shall be liberally construed for the accomplishment of this purpose. ( 4) Any person violating the provisions of this section shall be guilty of a felony and upon conviction thereof, shall be sentenced t~ pay the costs of prosecution and a fine of not less than five hundred dollars nor more than five thousand dollars, or undergo imprisonment for a period of not less than one year and one day nor more than five years, or both in the discretion of the court. ' (5) Nothing contained in this section shall be c_o1;1strued as amending or repealing the provisions of any other law or affecting any rule of the Florida public service commission, relating to the regulation of public utilities. in. the f~rnishin~ to others of any communication, Wire service, or other similar service or equipment; it is intended that this section shall be supplemental to other laws and a further aid in the elimination of transmission of information for illegal gambling purposes. Bistor:r.-ltl-5, ch. 26?22, 1951; 15, ch ; 18, ch ; 11, ch ; 1, ch Effect of certain 1957 amend-

19 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 ments amendments to (4), mediately preceding the presentation thereof to , , and (1) shall not be the racing commission, has had an average daily mutuel pool of less than twenty thousand construed to repeal the provisions of BlstorJ.-comp. 6, ch dollars for a seasonal operation of fifty days or more for each of such years Use of electronic transmitting equipment; permit by commission required.-any used herein shall mean the racing of standard (2) Harness racing at harness tracks when person who has in his possession or control on bred horses in harness with sulky. Horse racing at horse tracks shall mean racing of thor the premises of any licensed horse or dog race track or jai alai fronton any electronic transmitting equipment or device which is capable of (3) Any permittee or licensee authorized oughbred horses with jockeys. transmitting or communicating any information under the provisions hereof to transfer the location of its permit shall conduct harness racing whatsoever to another person, without the written permission of the Florida state racing commission, shall be guilty of a misdemeanor and ply only to the locations as hereinafter provid at night only. A permit so transferred shall ap shall be punished by fine not exceeding $500 ed. The racing commission shall authorize or by imprisonment in the county jail not exceeding 3 months, or both. This section shall ness racing from 7:00 p.m. until 12:00 mid such permittees and licensees to operate har not apply to the possession or control of any night. The provisions of this chapter which prohibit the location and operation of a licensed telephone, telegraph, radio or television facilities installed by any such licensee with the harness track permittee and licensee within one approval of said commission. hundred air miles of the location of a race Bistor,.- 1, cb track authorized to conduct racing under the Operation of certain harness tracks.- provisions of said chapter and which prohibit (1) It is the finding of the legislature of the the racing commission from granting any perstate that the operation of harness tracks and mit to a harness track at a location in the area legalized pari-mutuel and mutuel betting at in which there are three horse tracks located harness tracks in this state will become a sub- within one hundred air miles thereof shall not stantial business compatible to the best inter- be applicable to a licensed harness track which ests of the state, and the taxes derived there- is required by the terms of this act to race at from will constitute an important and integral night. part of the tax structure of the state and coun- (4) No permit shall be issued by the state ties. It is the further finding of the legislature racing commission fo r the operation of a barthat the operation of harness tracks within the ness track within seventy-five air miles of a state will establish and encourage an impor- location of a harness track licensed and operattant industry within the state, namely, the ac- ing under the provisions of this chapter. All quisition and maintenance of breeding farms harness tracks licensed under the provisions for the breeding of standard-bred horses util- of this chapter shall be granted by the racing ized in harness races. It is further the finding commission racing dates during the winter of the legislature that harness tracks operating horse racing season of ninety racing days and at night within the immediate vicinity of other such permittee and licensee shall be permitted race tracks will greatly enhance the tax rev- and authorized to race every day except Sunday enue derived by the state and counties from during said ninety day racing period. Nothing racing and will not endanger the general wei- herein contained shall enlarge the number o'f fare of the public. It is the further finding of racing days of any harness track permittee the legislature of the state that this increase in where by statute applicable thereto a lesser tax revenue is needed by the state and the number of days has heretofore been fixed. counties. It is the further finding of the Iegisla- (5) The owners and operators of a harness ture that harness racing is an exhibition sport track permitted and licensed by the racing com- which will attract a large tourist business to mission shall be entitled to the same commisthe state and will afford entertainment at night sion from the pari-mutuel pool as is provided to such tourists during the winter racing sea- for dog track owners, operators and permittees, son, and many of such tourists who a're thus at- and shall pay the same tax as that imposed tracted by harness racing do not attend other upon pari-mutuel pools at dog tracks, however, forms of racing or engage in other forms of without the benefit of the daily operational cost pari-mu!uel betting. It is the further finding of allowance provided by and without the legislature that the racing commission the benefit of the fixed daily license fee as should be empowered to consider and grant the provided by application of any dog track, horse track and (6) All holders of permits and licenses for harness track permittee and licensee to conduct dog racing and all holders of permits and liwithout further elections harness racing with censes for horse racing and all holders of persulky during the winter racing season at a mits and licenses for ha rness racing issued by location within any county wherein two or more the Florida state racing commission authorized elections have been held in which a majority to operate in the winter horse race season of the electors voting in such elections voted in whose average daily pari-mutuel pool (computfavor of the operation of pari-mutuel pools ed by dividing the total pari-mutuel pool for with~n the county. at horse and dog tracks; the racing season by the number of actual provided, the applicant for the two years im- days raced at said meet, exclusive of charity 2669

20 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 (8) The distance prov1s1ons contained in and shall not be applicable to any harness race permittee who is required by the terms of this act to conduct harness racing at night only, nor shall be applicable to any permittee whose permit is transferred under the provisions of this section. (9) The provisions of this chapter as the same pertain to horse racing shall be applicable to harness racing except those provisions which are inconsistent herewith, and where the provisions of this chapter are by implication inconsistent with or are, in fact, in conflict with the provisions of this act, then this act shall govern harness race track permittees or licensees, and harness racing. (10) Each licensed harness track in the state shall be required to schedule an average of one race per racing day in which horses bred in Florida and duly registered as standard-bred harness horses shall have preference as entries over non-florida-bred horses, and to require all licensed harness tracks to write the conditions for such races in which Floridabred horses are preferred so as to assure that all Florida-bred horses available for racing at such tracks be given full opportunity to perform in the class races for which they are qualified, said opportunity of performing to be afforded to each class of horses in proportion that the number of horses in this class bears to the total number of Florida-bred horses available; provided that no track shall be required to write conditions for a race to accommodate a class of horses for which a race would otherwise not be scheduled at such track during its meeting. (11) Where a permit has been transferred from a county under the provisions of this act, no other transfer may be permitted from such county. Blstory.-1 1, 2, ch Harness racing; authority to conduct on leased and permanent locations in certain counties.-all holders of harness racing permits who are authorized by law to divide their season of racing between a leased location and their permanent location shall have the right and privilege in accomplishing the division of their racing season to lease facilities in a county having two or more horse tracks operating under valid permits, and to conduct at such leased facilities harness racing for not more than forty-five per cent of their allowable racing days. Hlstory.- 1, ch days) for each of the two consecutive years next prior to the filing of the application as herein provided, during its racing seasons which shall have been fifty days or more for each year, was less than twenty thousand dollars at the option of each of said permittees and licensees evidenced by its application to the Florida state racing commission for such purpose, shall be issued a license under its permit to operate only harness racing with sulky for a total period of ninety racing days during the winter horse racing season at such location as may be designated by said applicant and hereinafter authorized in subsection (7) within any county in which two or more elections have been held in which a majo.rity of the electors in such elections voted in favor of the operation within said county of pari-mutuel pools at race tracks. Nothing herein contained shall authorize the transfer of a permit to any county in which there is located a horse track licensed by the Florida state racing commission whose average daily pari-mutuel pool (computed by dividing the total pari-mutuel pool for the racing season by the number of actual days raced at said meet, exclusive of charity days) for each of the two consecutive years next prior to the filing of the application as hereinabove provided, during its racing season which shall have been fifty days or more for each year, was less than four hundred thousand dollars. (7) Such permittee and licensee upon the approval of its application by the racing commission pursuant to the provisions of this act may conduct harness racing at the facilities or plant leased by it from any horse race permittee or licensee in any county within the authorized area designated in this act not more than forty miles from the applicant's designated location, provided the said horse race permittee has a valid permit and license issued to it under the provisions of this chapter and said applicant-permittee and licensee may conduct such harness race meetings at said leased premises provided, that said permittee and licensee may thereafter construct its own facilities and its own plant at the location designated in its approved application. Such applicant-permittee and licensee may, pending the construction of its permanent facilities, operate at said leased premises and may thereafter divide its season of racing between its leased location and its permanent location so long as said locations remain within the authorized county or counties as elsewhere herein defined. If said permittee's season of racing is divided as aforesaid, the limitation of seventyfive miles between harness track locations shall Horse racing; award to breeder of not apply. The seventy-five mile limitation be- Florida bred horses.- tween the harness tracks hereinabove provided (1) Every licensee licensed by the Florida in regard to other permittees shall be measured state racing commission, under the laws of this from the location designated in said permittee's state to conduct a running horse race meeting application to the racing commission. Nothing and where said licensee is permitted to use and herein contained shall authorize the permittee operate the pari-mutuel system of wagering, and licensee to operate more than ninety rae- shall, by the acceptance of said license, be ing days. Provided no such permit or harness deemed to have agreed, as a condition of the racing may be moved to or permitted in any grant thereof, that such licensee shall, within county having two or more horse track permits. thirty days after the expiration of such meet- 2670

21 Ch. 550 DOG RACING AND HORSE RACING Ch. 550 ing, pay to the breeder of each Florida bred horse winning an overnight race at such meeting a sum equal to ten per cent over and above the announced gross purse, or one hundred dollars, whichever is greater, and said award so paid shall not in any case be deducted from the amount of the purse, nor shall it be required when the purse includes an award to the breeder equal to or greater than the amount specified and provided further, that any amount so paid as an award shall not be included in estimating the value of the race to the winner, and there shall be no breeders' awards required in any stake race or races exclusively for Florida breds. (2) In order for the breeder of a Florida bred to be eligible to demand and receive an award, the thoroughbred horse winning the race must have been registered a Florida bred with the agency designated by the Florida state racing commission as the official Florida bred registry of all Florida bred horses and the jockey club certificate for the winning horse must show that said winner has been duly registered as a Florida bred, evidenced by the seal and proper serial number of the official Florida bred registry. (3) If any other law is passed that provides benefits for Florida thoroughbred breeders equal to or greater than those provided in this law, then said law shall supersede this law as long as said law is in effect. mstor:r.- 1-3, ch Summer horse racing authorized for certain harness tracks.- (1) Any permit holder authorized by to conduct horse racing in harness at any track west of the St. Johns river shall be permitted during the summer racing season as hereinafter defined and set forth to conduct at permittees option and at its location up to ninety days of horse racing in harness, quarter horse or thoroughbred racing in any county of the state where no thoroughbred horse race track is located and established, exclusive of Sundays, upon dates allocated by the commission. Such racing may be conducted either by day or night or part by day and part by night. Provided, further that in all such counties the winter season for all pari-mutuel operations shall be during the period extending from and including October 1 in each year to and including April 15 of the following year and the summer season for all pari-mutuels operations in all such counties where horse racing in harness is conducted pursuant to shall be during the period extending from and including April 16 in each year to and including September 30 of the same year. (2) Any such permittee conducting a summer harness, quarter horse or thoroughbred horse racing meet shall, in lieu of the payment of taxes imposed upon such tracks as now provided by law, be permitted to operate the sale of pari-mutuel pools on the basis of a fixed daily license fee which fee is hereby fixed according to the following schedule: Up to $50, $1, per day Over $50, but not more than $100, $2, per day Over $100, but not more than $150, $3, per day Over $150, $4, per day three fourths of which daily license fee shall be distributed equally to the sixty-seven counties and the remaining one fourth to the general revenue fund; and provided further such permittee shall also pay the breakage tax imposed on horse tracks by , which tax shall be distributed as therein provided. (3) Section shall not apply to a summer harness, thoroughbred or quarter horse racing meet conducted pursuant to the provisions of this section but in all other respects the provisions of this chapter, pertaining to the conduct of thoroughbred horse racing shall apply to such permittee except those provisions thereof which are inconsistent herewith. Blslor:r.- 1-3, ch

22 Ch. 551 FRONTONS Ch Operation of frontons for exhibition of jai alai or pelota. Frontons defined. Racing commission to supervise operation. Powers and duties of racing commission. Additional salary of secretary of commission. License fees. Tax to be in lieu of all other taxes, except city; occupational license tax Operation of frontons for exhibition of jai alai or pelota.-any person desiring to operate a fronton for the exhibition of the Spanish ball game called jai alai, or pelota, may do so upon compliance with the terms and provisions of this chapter. Hlstory.- 1, ch , 1935; CGL 1936 Supp. 4151(858), ct , Employment ot residents Frontons defined.-the word "fronton" as used in this chapter, means a building or enclosure in which is provided a playing court with three walls so designed and constructed for the playing of that game of ball as played in Spanish-speaking countries, called jai alai or pelota. Hlatory.- 11, ch , 1985; CGL 1986 Supp. 4151(854) Racing commission to supervise operation.-the operation of all frontons shall be under the supervision of the state racing commission of the state, and subject to the terms, powers, duties and liabilities as set out in chapter 550, except as herein otherwise provided. Blalor;y.-J2, ch ; COL Bupp. 4151(31111) Powers and duties of racing commission.-the state racing commission shall carry out the provisions of this chapter, and to that end, such commission may personally, or by agent, supervise and check the making of pari-mutuel pools and wagers and the distribution therefrom, and (1) Fix and set the dates within which any fronton may be operated; provided, however, that this section shall not be construed as authorizing the commission to fix and set dates for the operation of any fronton in any county where there is not more than one fronton in operation; (2) Require any applicant for a permit to operate a fronton to file an application setting forth: (a) The full name of the person, firm, corporation or association, and if a corporation, the name of the state under which it is incorporated, as well as the names of the officers, directors and stockholders of said corporation, and their places of residence, or if an association, the name, nationality, race and residence of the members of the association; (b) The exact location where it is desired CHAPTER 551 FRONTONS Method of bookkeeping prescribed. Wagers and pari-mutuel pools permitted within enclosure of fronton. Disposition of funds. Location of frontons. Elections; applicability of race track law. Tax on breaks; distribution. Payment of taxes; penalties. Special allocation of periods of operation for certain frontons. Amateur jai alai contests permitted under certain conditions. to operate a fronton exhibiting the Spanish ball game aforesaid; (c) Whether or not the fronton is owned or leased, and if leased, the name, nationality, residence and address of the owners or lessees, or if the owner or lessee be a corporation, the name and address of the officers, directors and stockholders thereof; (d) A statement of the assets and liabilities of the person, firm, corporation or association making application for such permit; (e) Such other information as the commission may require. Such applications shall be duly sworn to. (3) Make rules and regulations for the holding, conducting and operating of exhibitions of jai alai or pelota, which rules and regulations shall be uniform in their application and effect, and the duty of exercising this control and power is made mandatory upon such commission. Hlatory.- 8, ch ; CGL 1986 Supp. 4151(856) Additional salary of secretary of commission.-as compensation for the additional duties imposed by this chapter the secretary of the state racing commission shall receive the sum of fifty dollars per month in addition to whatever compensation may be allowed him as such secretary by any other laws; and the same is to be paid in like manner.as such other compensation is paid. There is appropriated sufficient money out of the funds now or hereafter in the hands of the state treasurer to the credit of the state racing commission to pay such additional compensation. Hlstory.- 3a, ch , 1985; CGL 1936 Supp. 4151(857). ct , Compensation ot members and employees License fees.-every person engaged in conducting exhibitions of the Spanish ball game known as jai alai or pelota, under this chapter, shall pay to the treasurer of the state in his capacity as ex officio treasurer of the state racing commission, for the use of the commission, a sum equal to three per cent of the total contributions to all pari-mutuel pools or point wagers won, conducted or made on every Spanish ball game of jai alai or pelota in any fronton operated under the provisions of this chapter. In addition to the aforesaid taxes, each person authorized to con-

23 Ch. 551 FRONTONS t..:n. o:n duct exhibitions of jai alai or pelota herein, shall pay to the state treasurer fifteen per cent of all moneys received each day from admissions paid by persons attending such exhibitions, or the sum of ten cents on each admission whichever sum is greater; said payments shall be made every seventh day during the season or period of operation of any fronton, and shall be accompanied by report, under oath, showing the total of all contributions, wagers and admissions on the Spanish ball game called jai alai or pelota covered by such report and such other information as the commission may require. If any free passes or complimentary admission cards shall be issued to any guests by any licensee, the licensee of such fronton shall pay to the commission the same upon such complimentary admission cards as if the same were sold at the regular and usual admission rates; but nothing herein shall be construed to prohibit the issuance of tax-free passes to officials and actual employees at such fronton, or engaged in such Spanish ball games; provided, however, that the issuance of all such tax-free passes shall be under the regulations or orders of the state racing commission and a list of all officers, employees and participants shall be filed with the commission. Blater:r.- 4, ch , 1935; CGL 1936 Supp. 4151(358). * Tax to be in lieu of all other taxes, except city; occupational license tax.-the tax imposed shall be in lieu of all other license, excise or occupational taxes to the state or any county, city, town or political subdivision thereof, except that when any such ironton for exhibition of jai alai or pelota is being operated in any incorporated city or town, such city or town may assess and collect an additional tax against any person operating said ironton within its corporate limits at a sum not to exceed ten dollars per day for each day that such fronton is actually operated. The same occupatio:p.al license tax required under to be paid by all persons connected with race tracks shall likewise be paid by all persons connected with the operation of any fronton, except ex-servicemen disabled to a degree not less than ten per cent as administered by the Veterans Administration of the federal government when such men were disabled in any war or hostilities in which the United States was a participant, as is provided in Bistory.- 5, ch , 1935; CGL 1936 Supp. 4151(359); 2, ch Ju~~1~\96~~ exemptions provided by ch, expire on 2673 cf.-ch. 205 License taxes Method of bookkeeping prescribed. Every person operating a ironton under this chapter shall so keep his books and records as to clearly show the total number of admissions and the total amount of money wagered or contributed to every pari-mutuel pool on each game separately, and the amount of money received daily from admission fees, and within sixty days after the end of the season of each ironton, shall submit to the state racing commission a complete audit of its accounts, certified to by a public accountant qualified to practice in the state, and in addition every person operating a fronton under this chapter shall submit a detailed annual audit to the state racing commission. The state auditor may audit and check the books and records of any such person, and upon the request of said commission, shall do so. History.- 6, ch , 1935: CGL 1936 Supp (360) ; 1, ch cf , Aa to horse and dog racing, Wagers and pari-mutuel pools permitted within enclosure of fronton.- (1) Within the enclosure of any ironton licensed and conducted under this chapter but not elsewhere, wagering on the respective scores or points of the game of jai alai or pelota and the sale of pari-mutuel pools under such regulations as the state racing commission shall prescribe, are hereby authorized and permitted. (2) The commission of a licensee on such pari-mutuel pools and wagers shall in no event exceed seventeen per cent of the amounts contributed thereto, and said maximum of seventeen per cent of said amounts shall include the three per cent tax heretofore provided by law, together with the additional tax of two per cent hereinafter provided for old age assistance. (3) After deducting a commission and the "breaks" (hereinafter defined), a pari-mutuel pool shall be redistributed to the contributors. ( 4) Redistributions of funds otherwise distributable to the contributors to such pari-mutuel pools shall be a sum equal to the next lowest multiple of ten. (5) No distribution of a pari-mutuel pool shall be made of the odd cents of any sum otherwise distributable, which odd cents shall be known as the "breaks." (6) The "breaks" shall be known as the difference between the amount contributed to a pari-mutuel pool and the total of the commission of the licensee and the sums actually redistributed to the contributors. (7) No person or corporation shall d-irectly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a parimutuel pool for another for hire or for any gratuity and no person shall purchase any part of a pari-mutuel pool through another, wherein he gives or pays directly or indirectly such other person anything of value, and any person violating this section shall be deemed guilty of a misdemeanor. (8) In addition to any and all other taxes otherwise levied or assessed, every person, association or corporation conducting a ironton for the exhibition of the Spanish ball game known as jai alai or pelota shall pay to the treasurer of the state for operating said ironton, a tax equal to two per cent of the total contributions to all pari-mutuel pools or point wagers conducted or made on any and every such Spanish ball game of jai alai or pelota in any fronton operated under the provisions of this chapter, which additional two per cent tax shall be deposited in the general revenue fund and when

24 Ch. 551 FRONTONS Ch. 551 collected shall be known as the "old age assistance tax." History.- 7, ch , 1935; CGL 1936 Supp.U51(361); 1, ch , 1945; (8) a. by 2, ch cf , As to horse and dog racing Disposition of funds.-all moneys mentioned in this chapter derived from taxes on admission, wagers and pari-mutuel pools shall be disbursed by the state treasurer pursuant to existing laws relating to the disposition of funds derived from the operation of race tracks, and in the same manner. History.- 8, ch , 1935; CGL 1936 Supp, 4151(362). cf , Disposition of funds derived from operauon of race tracks , Funds to be held by state treasurer If distribution held lllegal Location of frontons.-no permit shall be issued for the operation of any fronton to be constructed or operated within one thousand feet of any existing church or public school, nor shall any such exhibition be held on Sunday. Hlstory.- 9, ch , 1935; CGL 1936 Supp. 4151(363), Elections; applicability of race track law.-no license to construct or operate a ironton for the exhibition of jai alai or pelota shall be issued until and unless the permit issued by the state racing commission has been ratified by the electors of the county involved pursuant to the requirements of , except this provision shall not apply to frontons which have been issued valid permits and licenses to operate prior to June 30, 1959, and which are now in effect. All other pertinent provisions of chapter 550, dealing with the powers, duties and liabilities of the state racing commission and of the operators of dog racing tracks and dealing with the location thereof and with the issuance and granting of permits and licenses to conduct dog racing and dealing with the petition for the election to revoke licenses not inconsistent with the express provisions of this chapter shall be construed to relate to and govern the state racing commission and the operators of any ironton and the location thereof and the issuance and granting of permits and licenses for the operation of frontons under the provisions of this chapter as fully as if the same were herein expressly set out; provided, however, that in no event shall any jai alai ironton permit or license be issued to conduct jai alai and pari-mutuel pools at a location within fifty miles of another location where pari-mutuel pools are conducted under chapter 550 or 551, said distance to be measured on a straight line, said straight line shall be measured from property line to property line at the points nearest to each other, except this proviso shall not apply to frontons which have been issued valid permits and licenses to operate prior to June 30, 1959, and which are now in effect; provided, further, that if all or any substantial portion of a ironton shall be taken by eminent domain the state racing commission may on application of the holder of the permit and license of such original ironton filed within two years after such taking (and in lieu of the. orig!nal permit and without requiring the r3;tificat10n by the electors of the permit and without regard to the foregoing fifty mile limitation) issue a permit and grant licenses to the holder of the permit and license of such original fronton for the operation of a substitute ironton at any location in the same county within ten miles, as so measured, of the location of the original ironton. Provided also that the said commission shall not li~it th~ nu~ber of operation days in any twelve-month perwd for such operators of licensed frontons to less than ninety days during the period extending from and including the first day of December in each year to and including the loth ~ay of April of the following year. An operation day shall be a continuous period of twenty-four hours starting with the beginning 2674 of ~he first game of a public exhibition of jai ala1 or velota. even though such operation day may start during one calendar day and extend past midnight into the following calendar day provided, however, that no game shall be started later than 12 midnight and before noon on any operatio_n day. No minors except jai alai players, apprentices and ball boys shall be permitted to attend such exhibitions or to be employed in any manner, about the operation of frontons. All laws and parts of laws inconsistent with the express provisions of this chapter are expressly declared not to apply to any person engaged in the operation of a ironton, or making wagers or contributing to pools therein, as authorized and conducted under this chapter. ch , 1935; CGL 1936 Supp.U51(364) ' ct Licen.ae laauec1 b:r county Judge. Hlstory~ lo, am. 1, ch , 1945; 1, ch Tax on breaks; distribution.- (1) A tax is hereby levied upon every parimutuel pool conducted at a fronton for the exhibition of the Spanish ball game known as jai alai or pelota within the state authorized by law so to do, equal to fifty per cent of the "breaks" as defined in subsections (5) and (6), (2) It shall be the duty of every such ironton licensee to pay unto the state treasurer the tax hereby levied and said licensee shall be liable therefor. (3) When the tax hereby levied is paid into the state treasury it shall become and be made a part of the "old age assistance tax fund" and all such funds on hand in the office of the state treasury in the "old age assistance tax fund" shall stand appropriated and shall be available to meet any contributions on behalf of the United States for the benefit of the citizens or inhabitants of this state when age shall be a basis or cause. Hlatory.- 2, ch , Payment of taxes; penalties.- (!) The "old age assistance tax" and the "breaks tax" levied shall be paid at the times and places as provided by law for the payment of

25 Ch. 551 FRONTONS Ch. 551 other taxes based on a per cent of pari-mutuel pools. (2) Any willful or wanton failure by any licensee to make such payments into the state treasury as required by law shall constitute sufficient ground for the state racing commission to revoke the permit of such licensee and no further license or permit shall be issued to such former licensee. Hlstory.- 3, ch , Special allocation of periods of operation for certain frontons.-where there are two or more jai alai frontons operating under valid outstanding permits, issued by the state racing commission, located within a radius of thirty-five miles of each other, one of such permit holders within said area shall be permitted, at its option, but shall not be required, during the period beginning July 1 and ending the first Monday of September following, both dates inclusive, of any year, to conduct upon dates of its choice not more than fifty days of its aggregate number of operating days allowed by ; provided that where two or more of such permittees apply for operating dates as herein provided, the state racing commis~ sion shall designate the permittee entitled to conduct such jai alai fronton operation during such fifty day period, and the remaining number of said aggregate days under , shall b~ g_ranted to ~nd utili~ed by such permittee withm the penod provided in ; provided, that when a fronton permittee elects to receive the benefits of this section and is granted summer operation dates hereunder, such permittee shall not operate jai alai fronton exhibitions more than a total of one hundred days (plus scholarship and charity days) in the twelve months period in which said summer operation hereunder is permitted.. (2) This section shall be cumulative and shall not be construed as repealing any other provisions of law, and shall not be construed as permitting or allowing any permit holder to operate for a period of time in excess of the number of days now provided by law. Bidor:r.- 12, 3, ch. 6G Amateur jai alai contests permitted under certain conditions.-nothing in this chapter shall be construed to prohibit the use of any fronton, jai alai plant or facility, for the conduct of amateur jai alai or pelota contests or games, from being used on one Sun~ay duri?~ each fronton season by any charitable, CIVIC or nonprofit organization for the purpose of conducting jai alai contests or games where only players other than those usually used in jai alai contests or games are permitted to play and where adults and minors may _Participate as players or spectators, and provided further that during such jai alai games or contests betting and gambling and the. sale or use of alcoholic beverages shall be strictly and absolutely prohibited. Bistory,- 1, cb

26 Ch. 552 MANUFACTURE, DISTRIBUTION AND USE OF EXPLOSIVES Ch. 552 CHAPTER 552 MANUFACTURE, DISTRIBUTION AND USE OF EXPLOSIVES Definitions License or permit required of manufacturer-distributor, dealer, use~" or blaster of explosives Possession withoqt license prohibited; exceptions Maintenance of records by manufacturer-distributors and dealers; inspection Maintenance of records by users; inspection Reports of thefts, illegal use or illegal possession Transportation of explosives without license prohibited; exceptions Promulgation of regulations by fire marshal Conduct of hearings for adoption of or revision to regulations pertaining to explosives Definitions.-The following words used in this chapter shall have the meanings respectively ascribed to them in this section, as follows: (1) "Explosives." Any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon the applicati<?n.of heat, flam~, or ~hock, inc.juding but not hm1ted to dynam1te, mtroglycerm, trinitrotoluene, ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps and detonators; but not including cartridges for firearms, and not including fireworks as defined in (2) "Person." Any natural person, partnership, association or corporation. (3) "Manufacturer-distributor." A person engaged in the manufacture, compounding, combining, production or distribution of explosives. ( 4) "Dealer." A person engaged in the wholesale or retail business of buying and selling explosives; provided, that should a manufacturer-distributor make sales to users, such manufacturer shall not be required to obtain an additional license as a dealer. (5) "User." The person who, as an ultimate consumer of an explosive, purchases same from a dealer or manufacturer-distributor or a dealer or manufacturer-distributor who uses an explosive as an ultimate consumer. (6) "Blaster." A person employed by a user who detonates or otherwise effects the explosion of an explosive or who is in immediate personal charge and supervision of one or more other persons engaged in such activity. (7) "Sale." This word and its various forms as used shall include delivery of an explosive with or without consideration. (8) "Purchase." This word and its various forms as used shall include acquisition of any explosive by a person with or without consideration. (9) "Highway." Shall mean any public highway in this state, including public streets, Cease and desist orders. Administrative fines for violation of cease and desist order. Procedure for suspension or revocation of license or permit. Conduct of hearings. Witnesses and evidence. Review of order of the state fire marshal. Confiscation and disposal of confiscated explosives. Penalties. Injunction. Exceptions. Limited exemptions. Municipal ordinances, rules and regulations. Administration of chapter; personnel. Construction of chapter. alleys and 'other thoroughfares, by whatever name, in ineorporated cities and towns. (10) "State fire marshal." The state treasurer as ex officio insurance commissioner. mator:r.- 1, ch. 299~ 1955; (1), (3), (<I) and (5) by 11, ('7)r. and subsequent aubaectlollll renum. by 12, ch License or permit required of manufacturer-distributor, dealer, user or blaster of explosives.- (!) It shall be unlawful for any person to engage in the business of a manufacturerdistributor of or dealer in explosives, or to transport explosives, or to acquire, sell, possess, store or engage in the use of explosives in this state, except in conformity with the provisions of this chapter. Each manufacturer-distributor, dealer, user or blaster, as such words are above defined, must be possessed of a valid and subsisting license or permit issued by the state fire marshal. A further requirement in the case of multiple storage of explosives is that each user maintaining more than one permanent storage magazine shall possess an additional license or permit, as herein set forth, for each such magazine. Such licenses and permits are as follows: (a) Licenses and fees therefor are required for the following: Manufacturer-distributor $25.00 Dealer User 1.00 (b) Permits and fees therefor are required for the following: Blaster $ 1.00 (2) Said licenses and permits shall be issued by the state fire marshal for each license year beginning October 1 and expiring the following September 30. The forms of such licenses, permits, and applications therefor shall be prescribed by the state fire marshal; provided that in addition to such other information and data as that officer shall determine are appropriate and requireri for said forms there shall be included in said forms the following matters: 2676

27 Ch. 552 MANUFACTURE, DISTRIBUTION AND USE OF EXPLOSIVES Ch. 552 (3) Applications for all licenses and permits shall set forth the purpose for which the license or permit is sought in relation to explosives, and the license or permit issued shall set forth such purpose. Each of such applications shall be in such form as to provide that the data and other information set forth therein shall be sworn to by the applicant or, if a corporation, by an officer thereof. Application for a blaster's permit shall include the name of the user employing such blaster, and the permit issued in pursuance thereof shall set forth the name of such user. A blaster's permit shall be valid solely for use by the holder thereof in his employment by the user named therein. No license or permit is required for persons detonating or otherwise effecting the explosion of explosives working under the immediate personal supervision and control of a person holding a blaster's permit. No license or permit shall be issued by the state fire marshal pursuant to an application therefor unless that officer shall determine from the information set forth in the application that the purpose for which the applicant seeks a permit or license falls within the purview of this chapter and that such purpose is not violative of any other laws of the state. The fees collected for such licenses and permits are hereby appropriated for the use of the state fire marshal in the administration of this chapter, and shall be deposited in the state fire marshal's trust fund. Bistor:r.- 2, ch , 1955; 1, ch ; 3, ch ; 1, ch Possession without license prohibited; exceptions.-no person shall be possessed of an explosive unless he is the holder of a license or permit, as above provided, and possesses such explosive for the purpose covered by the license or permit he holds. Provided, that there is excepted from this provision common carriers, contract and private carriers as described in , possessed of an explosive in connection with transportation of the same in the ordinary course of their business; and that there is further excepted from this provision persons in possession of explosives during the period of time they are under the immediate personal supervision and control of a person holding a blaster's permit and then engaged in preparations for and in the detonating or otherwise effecting the explosion of an explosive. It shall be unlawful for any person holding a blaster's permit to allow persons working under him to be possessed of an explosive except during the period of time when such persons are loading or unloading or detonating or otherwise effecting the explosion of an explosive under the immediate personal supervision and control of said blaster. BlstoJ'7.-I3, ch , 1955; J, ch Maintenance of records by manufacturer-distributors and dealers; inspection. Manufacturer-distributors and dealers shall keep accurate accounts of all inventories and sales of explosives. A manufacturer-distributor is authorized to sell explosives to dealers and users. All such sales shall be evidenced by 2677 invoices or sales tickets executed in triplicate, the manufacturer-distributor or dealer retaining the original and one copy and delivering the third copy thereof to the purchaser. No manufacturer-distributor or dealer shall sell any explosive without being satisfied that the purchaser thereof is duly licensed under the provisions of this chapter and authorized to purchase same and that said explosive is to be used by the purchaser for a purpose cov~red by the latter's license, with the exception that a manufacturer-distributor or dealer may make an original sale under this section to an unlicensed farmer providing the farmer applies for user's license prior to said sale. Such invoices or sales tickets so delivered to purchaser shall bear the name of the manufacturer or dealer and purchaser, date of sale, quantity sold, use for which explosive is purchased and address of purchaser. Said inventories and original invoices or sales tickets and copies thereof shall be retained by manufacturer-distributors or dealers and shall be made accessible and subject to examination by any peace officer of this state, and by the state fire marshal, either in person or through his duly authorized deputy or agent, at such intervals as the state fire marshal shall deem proper. Bl8tOJ'7,- 4, ch , 1965; 15, ch , Maintenance of records by users; inspection.-each user, as defined herein, of explosives shall keep an accurate written inventory of all explosives possessed by him and a record of the use of such explosives. Said inventory and record of use of explosives shall be retained by users and shall be made accessible and subject to examination by any peace officer of this state, and by the state fire marshal, either in person or through his duly authorized deputy or agent, at such intervals as the state fire marshal shall deem proper. Bistor;r.- 6, ch Reports of thefts, illegal use or illegal possession.-any sheriff, police department or peace officer of this state shall give immediate notice to the state fire marshal of any theft, illegal use or illegal possession of explosives within the purview of this chapter, coming to his attention, and shall forward a copy of his final written report to the state fire marshal in Tallahassee. Bistor;r.- 6, ch Transportation of explosives without license prohibited; exceptions.-no person shall transport any explosive into this state or within the boundaries of this state over the highways, on navigable waters or by air, unless such person is possessed of a license or permit; provided, there is excepted from the effects of this sentence common, contract and private carriers, as mentioned in the next succeeding sentence. Common carriers by air, highway, railroad or water transporting explosives into this state, or within the boundaries of this state (including ocean-plying vessels loading or unloading explosives in Florida ports), and contract or private carriers by motor vehicle

28 Ch. 552 MANUFACTURE, DISTRIBUTION AND USE OF EXPLOSIVES Ch. 552 transporting explosives on highways into this state, or within the boundaries of this state, and which contract or private carriers are engaged in such business pursuant to certificate or permit by whatever name issued to them by any federal or state officer, agency, bureau, commission or department, shall be fully subject to the provisions of this chapter; provided, that in any instance where the federal government, acting through the interstate commerce commission or other federal officer, agency, bureau, commission or department, by virtue of federal laws or rules or regulations promulgated pursuant thereto, has preempted the field of regulation in relation to any activity of any such common, contract or private carrier Sl)ught to be regulated by this chapter, such activity of such a carrier is excepted from the provisions of this chapter. Bidol')".- 5, ch , 1955; 17, ch Promulgation of regulations by fire marshal.-the state fire marshal shall make, promulgate and enforce regulations setting forth minimum general standards covering manufacture, transportation (including loading and unloading) use, sale, handling and storage of explosives. Said regulations shall be such as are reasonably necessary for the protection of the health, welfare and safety of the public and persons possessing, handling and using such materials, and shall be in substantial conformity with generally accepted standards of safety concerning such subject matters. It is hereby declared that regulations in substantial conformity with the published rules and standards of the institute of makers of explosives in relation to said subject matters other than locks and locking devices used to secure magazine doors and safeguard the storage of explosives shall be deemed to be in substantial conformity with accepted standards of safety concerning such subject matters. Such regulations shall be adopted by the state fire marshal only after a public hearing thereon pursuant to notice previously given to persons he shall deem interested therein. Bistor:r.- 6, ch , 1966; 18, ch Conduct of hearings for adoption of or revision to regulations pertaining to ex plosives.- (1) The state fire marshal shall give notice of the time and place of such hearing not less than twenty days in advance of the hearing date. He shall give such notice to all persons whose pecuniary interest are to be directly and immediately affected by such hearing. (2) Hearings held for consideration of the rules and regulations of the state fire marshal which under subsection (1) would otherwise require separate notices to more than fifty persons, in lieu of the notice so required under such subsection, the state fire marshal may give notice of such hearing by publication thereof, in four or more newspapers of general circulation in this state, at least once each week during the four weeks immediately preceding the week in which the hearing is to be held The published notice shall state the time and place of the hearing and shall specify the matters to be considered thereat. (3) The hearing may be held in the state fire marshal's offices at Tallahassee or at such other place in this state deemed by the state fire marshal to be more convenient to parties thereto. ( 4) The state fire marshal or a deputy designated by him shall preside at the hearing. (5) All hearings shall be public. (6) The state fire marshal shall cause a full stenographic record of the proceedings at the hearing to be made by a competent reporter and at the cost of the state. A transcribed copy of such stenographic record shall be made a part of the state fire marshal's record of the hearing. A copy of the transcribed stenographic record shall be furnished to any party to the hearing requesting the same and at such reasonable charge therefor as the state fire marshal may fix. The state's portion of the cost of the stenographic record and transcription thereof shall be paid out of the state fire marshal's trust fund. Any sums received from parties for copies of the transcribed stenographic record shall be deposited in the state fire marshal's trust fund. (7) No such rule or regulation promulgated pursuant to such hearing shall be effective until after it has been on file as a public record in the office of the state fire marshal and in the office of the secretary of state for at least ten days. (8) Upon request and payment of the reasonable cost thereof, if required and fixed by the state fire marshal, he shall furnish a copy of any such rules and regulations to any person requesting. Bistor:r.- 8, ch Cease and desist orders.- (1) Whenever the state fire marshal shall have reason to believe that any person is or has been violating the provisions of this chapter or any rules or regulations adopted and promulgated pursuant thereto, he shall issue to such person an official notice of violation. If said person refuses to comply or fails to comply with the requirements for compliance as set forth in the notice of violation by the date specified on the notice, the state fire marshal shall issue and mail to such person a statement of the charges in that respect and written notice of his intention to issue a cease and desist order. (2) If within twenty days after the date of mailing said statement of charges the licensee or permittee has not filed with the state fire marshal at his office in Tallahassee a written answer to such charges coupled with a written request for a hearing thereon, the state fire marshal may proceed to issue an order requiring such person to cease and desist from such violation. (3) If within such twenty days an answer and request for hearing is filed with the state fire marshal, he shall hold a hearing with re-

29 Ch. 552 MANUFACTURE, DISTRIBUTION AND USE OF EXPLOSIVES Ch. 552 spect to the charges within sixty days from the date of the mailing of the notice and charges unless postponed by mutual consent of the parties. The state fire marshal shall give the licensee or permittee written notice of the hearing not less than ten days in advance of the hearing date. ( 4) At the time and place fixed for such hearing such person shall have an opportunity to be heard and to show cause why an order should not be made by the state fire marshal requiring such person to cease and desist from the acts, methods or practices so complained of. (5) Statements of charges, notices, orders and other processes of the state fire marshal under this law may be served by registered mail addressed to the licensee at his or its residence or principal office or place of business last of record with the state fire marshal. Such notice shall be deemed given when so addressed and mailed postage prepaid at a United States post office or branch thereof. (6) If after such hearing the state fire marshal shall determine that the acts complained of are in violation of the provisions of this law, or the rules and regulations adopted and promulgated in pursuance thereto, he shall reduce his findings to writing and issue and cause to be served upon the person charged with the violation an order requiring such person to cease and desist from such violation. Bistory.- 9, ch Administrative fines for violation of cease and desist order.- ' 0 (1) If any person violates a cease and desist O'r< er, the state fire marshal may impose a civil penalty not to exceed $ for each offense, or suspend or revoke the license or permit issued to such person in accordance with the procedure set forth in The cost of the proceedings is to be in addition to any penalties imposed. The state fire marshal may allow the licensee or permittee a reasonable period, not to exceed thirty days, within which to pay to the state fire marshal the amount of the penalty so imposed. If the licensee or permittee fails to pay the penalty in its entirety to the state fire marshal at his office in Tallahassee within the period so allowed, the licenses or permits of the licensee or permittee shall stand revoked upon expiration of such period and without any further proceedings. (2) All such fines, monetary penalties and costs received by the state fire marshal shall be deposited in the state fire marshal's trust fund. Bistory.- 10, ch Procedure for suspension or revocation of license or permit.- (1) The violation by any person possessed of a license or permit as provided in , after a cease and desist order has been entered pursuant to , shall be cause for revocation or suspension of such license or permit by the state fire marshal after such officer shall determine said person guilty of such violation (2) Whenever the state fire marshal shall have reason to believe that any person is or has been violating the provisions of this chapter or any rules or regulations adopted and promulgated pursuant thereto, or is violating or has violated a cease and desist order, he shall issue to such person a statement of the charges in that respect together with written notice of his intention to suspend or revoke the license or permit. (3) If within twenty days after the date of mailing said statement of charges the licensee or permittee has not filed with the state fire marshal at his office in Tallahassee a written answer to such charges coupled with a written request for a hearing thereon, the state fire marshal may proceed to suspend or revoke the license or permit. (4) If within such twenty days an answer and request for hearing is filed with the state fire marshal, he shall hold a hearing with respect to the charges within sixty days from the date of the mailing of the statement of charges unless postponed by mutual consent of the parties. The state fire marshal shall give the licensee or permittee written notice of the hearing not less than ten days in advance of the hearing date. (5) If after such hearing the state fire marshal should find in his judgment that said charges of violation have been proved he shall enter his order suspending or revoking the license or permit of the person charged. An order of suspension shall state the period of time of such suspension which period shall not be in excess of one year from the date of such order. An order of revocation may be entered for a period of not exceeding two years and such order shall effect revocation of license or permit then held by said person and during such period of time no license or permit shall be issued said person. If during the period between the filing of charges and entry of an order of suspension or revocation by the state fire marshal, a new license or permit has been issued the person so charged, any order of suspension or revocation shall operate effectively with respect to said new license or permit held by such person. (6) If after such hearing, should the state fire marshal determine that the charges have not been sustained, he shall enter his order to that effect. (7) The provisions of this section are cumulative and shall not affect the penalty and injunctive provisions of and Bistory.- 11, ch Conduct of hearings.- (1) The hearing may be held in the state fire marshal's office at Tallahassee or at such other place in this state deemed by the state fire marshal to be more convenient to parties and witnesses. (2) The hearing shall be held before the state fire marshal or before his deputy duly designated for that purpose. The state fire marshal or his dep\:ty shall preside at the hearing and shall sit in the capacity of a quasi-judicial officer.

30 Ch. 552 MANUFACTURE, DISTRIBUTION AND USE OF EXPLOSIVES Ch. 552 (3) All hearings shall be public. ( 4) The state fire marshal shall allow any party to the hearing to appear in person and by counsel, to be present during the giving.of all evidence, to have a reasonable opportumty to inspect all documentary an4 otht;r evidence and to examine and cross-examme w1tnesses, to present evidence in support of his interest and to have subpoenas issued by the state fire marshal to compel attendance of witnesses an~ production of evidence in his behalf. Testimony may be taken orally or by deposition and any party shall have such right of introducing eyidence by deposition as may obtain in the circuit courts of this state. (5) Upon good cause shown the state fire marshal shall permit to become a party to the hearing by intervention if timely only such persons who were not original parties thereto and whose interests are to be directly and immediately affected by the state fire marshal's order made upon the hearing. (6) Formal rules of pleading or of evidence need not be observed at the hearing except that the right of any person to invoke such rules and the rule of exclusion of witnesses is preserved. (7) The state fire marshal shall cause a full stenographic record to be made of the proceedings of the hearing by a competent reporter and at the cost of the state. A transcribed copy of such stenographic record shall be made a part of the state fire marshal's record of the hearing. A copy of the transcribed stenographic record shall be furnished to any party to the hearing requesting same, and at such reasonable charge therefor as the state fire marshal may fix. The state's portion of the stenographic record and transcription thereof shall be paid out of the state fire marshal's trust fund. Any sums received from parties for copies of the stenographic record shall be deposited by the state fire marshal in the state fire marshal's trust fund. mstor,..- 12, ch Witnesses and evidence.- (!) As to the subject of any such hearing being conducted by him the state fire marshal or any deputy appointed by him may administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence and shall have the power to subpoena witnesses, compel their attendance and testimony and require by subpoena the production of books, papers, records, files, correspondence, documents or other evidence which he deems relevant to the inquiry. (2) If any person refuses to comply with any such subpoena or to testify as to any matter concerning which he may lawfully be interrogated, the circuit court of Leon county or of the county wherein such hearing is being conducted, or of the county wherein such person resides, on the state fire marshal's application may issue an order requiring such person to comply with the subpoena and to testify. Any failure to obey such an order of the court may be punished by the court as a contempt thereof (3) Subpoenas shall be served and proof of such service made in the same manner as if issued by a circuit court. Witness fees and mileage if claimed shall be allowed the same as for testimony in a circuit court, and shall be paid from the state fire marshal's trust fund. ( 4) Any person wilfully testifying falsely under oath as to any matter material to any such hearing shall upon conviction thereof be guilty of perjury and shall be punished accordingly. (5) If any person asks to be excused from attending or testifying or from producing any books, papers, records, contracts, documents or other evidence in connection with any hearing being conducted by the state fire marshal or his deputy on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture and :shall notwithstanding be directed to give such testimony or produce such evidence, he must, if so directed by the state fire marshal and the attorney general, nonetheless comply with such direction but he shall not thereafter be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have so testified or produced evidence, and no testimony so given or evidence produced shall be received against him upon any criminal action, investigation or proceeding; except, however, that no such person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in such testimony, and the testimony or evidence so given or produced shall be admissible against him upon any criminal action, investigation or proceeding concerning such perjury; nor shall he be exempt from the refusal, suspension or revocation of any license, permit or authority conferred or to be conferred pursuant to this chapter. (6) Any such individual may execute, acknowledge and file in the office of the state fire marshal a statement expressly waiving such immunity or privilege in respect to any transaction, matter or thing specified in such statement, and thereupon the testimony of such individual or such evidence in relation to such transaction, matter or thing may be received or produced before any judge or justice, court, tribunal, grand jury or otherwise, and if so received or produced such individual shall not be entitled to any immunity or privileges on account of any testimony he may so give or evidence so produced. Bistoey.-- 13, ch Review of order of the state fire mar shal.- (1) All final orders or decisions of the state fire marshal shall be subject to review by certiorari by the circuit court of Leon county. Such review shall be commenced within sixty days after the rendition of such order or decision and in compliance with the Florida appellate rules. (2) The cost of the record is to be paid by the person seeking review. Any record required to be filed in such review shall be certified by

31 Ch. 552 MANUFACTURE, DISTRIBUTION AND USE OF EXPLOSIVES Ch. 552 the state fire marshal or his deputy. No such appeal shall operate as a supersedeas with respect to any order of suspension or revocation unless so ordered by the circuit court. Blstor:r.-114, ch Confiscation and disposal of confiscated explosives.- ( I) Whenever the state fire marshal shall have reason to believe that any person is or has been violating the provisions of this chapter or any rules or regulations adopted and promulgated pursuant thereto, he shall issue to such person an official notice of violation. If such person fails to take immediate steps to comply with the provisions of this notice, and if the state fire marshal deems the explosives involved to constitute a danger to the safety of the public, he may without further process of law confiscate the explosives in question and cause them to be stored in a safe manner. (2) If at a subsequent hearing the person so charged is found guilty of violating the provisions of this chapter or any rules or regulations adopted and promulgated pursuant thereto with regard to the possession, handling or storage of explosives, the state fire marshal is authorized to dispose of the confiscated materials in such a way as he shall deem equitable. (3) Costs incurred in the confiscation and disposal of such explosives shall be paid from the state fire marshal's trust fund. Blstor:r.- 15, ch Penalties.-Any person who manufactures, purchases, keeps, stores, possesses, distributes, or uses any explosive with the intent to harm life, limb or property, shall, upon conviction, be guilty of a felony and liable to a fine of not more than $10, or imprisonment in the state prison not exceeding 10 years, or both. Any person who shall in an application for a license or permit as herein provided, knowingly make a false statement, or who shall obtain explosives under a false statement, pretense or identification, or who shall knowingly otherwise violate any provisions of this chapter, or regulation promulgated pursuant to this chapter, shall, upon conviction, be guilty of a felony and liable to a fine of not more than $1, or imprisonment in the state prison not exceeding 3 years, or both. Possession of explosives under circumstances contrary to the provisions of this chapter or such regulations shall be prima facie evidence of an intent to use the same for destruction of life, limb or property. Conviction under this section of any person holding a license or permit shall effect cancellation thereof. Blstor;r.- 7, ch , 1955; 9, ch ; 2, ch Note.-Formerly lnjnnction.-in addition to the penalties and other enforcement provisions of this chapter, in the event any person engaged in any of the businesses covered by this chapter shall violate any provision of this chapter or any rule or regulation adopted or promulgated in pursuance thereto, the state fire marshal is authorized to resort to proceedings for injunction in the circuit court of the county where such person shall reside or have his or its principal place of business, and therein apply for such temporary and permanent orders as the state fire marshal may deem necessary to restrain such person from engaging in any such businesses until such person shall have complied with the provisions of this chapter and such rules and regulations. Blstor;r.- 16, ch Exceptions.-Nothing contained in this chapter shall apply to the regular military or naval forces of the United States; or to the duly organized military force of any state or territory thereof; or to police or fire departments in this state, provided they are acting within their respective official capacities and in the performance of their duties. Blstor;r.- 9, ch , 1955; 4, ch Note.-Formerly Limited exemptions.-the licensing requirements of this chapter shall not apply to: (1) Dealers who purchase, sell, possess or transport: (a) Smokeless propellant powder in quantities not exceeding one hundred fifty pounds, provided that such dealer holds a valid federal firearms dealer's license. (b) Small arms ammunition primers, provided that such dealer holds a valid federal firearms dealer's license. (2) Users, who are natural persons, who purchase, possess or transport: 2681 (a) Smokeless propellant powder in quantities not to exceed fifty pounds, provided that such powder is for the sole purpose of ha~dloading cartridges for use in pistols or sportmg rifles, or handloading shells for use in shotguns, or for a combination of these or other purposes strictly confined to handloading firearms for sporting use. (b) Small arms ammunition primers, provided that such small arms ammunition primers are for the sole purpose of handloading cartridges for use in pistols or sporting rifles, or handloading shells for use in shotguns, or for a combination of these or other purposes strictly confined to handloading firearms for sporting use. Blstor:r.- 1, ch Municipal ordinances, rules and regulations.-n othing contained in this chapter shall affect any existing ordinance, rule or regulation pertaining to explosives of any incorporated city or town in this state not less restrictive than the provisions of this chapter and regulations promulgated pursuant thereto, or affect, modify or limit the power of such incorporated cities or towns to make ordinances, rules or regulations hereunder pertaining to explosives within their respective corporate limits. Blstor:r.- 10, ch , 1955; 5, ch Note.-Formerly Administration of chapter; personnel.-the state fire marshal is authorized to

32 Ch. 552 MANUFACTURE, DISTRIBUTION AND USE OF EXPLOSIVES Ch. 552 employ such persons as he may deem qualified and necessary, and incur such other expenses as may be required, in connection with the administration of this chapter. Blstory.- 11, ch , 1955; 6, ch Note.-Formerly Construction of chapter.-the provisions of this chapter are cumulative and shall not be construed as repealing or affecting any powers, duties or authority of the state fire marshal under any other law of this state; provided that with respect to the regulation of explosives as herein provided, in instances where the provisions of this chapter may conflict with any other such law, the provisions of this chapter shall control. Bistory.- 12, ch , 1955; 7, en , Note.-Formerly

33 Ch. 553 PLUMBING CONTROL LAW Ch Short title. Purpose. Definitions. Bond of plumbing contractor; requisites; form. Exemptions. County plumbing inspectors; employment, qualifications, duties; exemption of certain municipalities and districts. State plumbing code adopted. Plumbing permits; inspection fee, amount, disposition; exception. CHAPTER 553 PLUMBING CONTROL LAW Inspectors for municipalities, service or sanitary districts; permits; inspection fee, amount. Advisory council for uniform interpretation of plumbing code; members, terms, etc. Penalty for violations. Construction, limitation of chapter. Counties excepted from chapter. Counties exempt from provisions of chapter 28181, Laws of Short title.-this chapter shall be tenance are those repairs involving only the known by the title of "Florida plumbing control act of 1951." ance of stoppage, repairing of leaks, or re working parts of a faucet or valve, the clear Blator;r.-comp. 1, ch , placement of defective faucets or valves. Wstor;r.-comp. 2, ch , Purpose.-The purpose of this chapter is for the promotion of the public health Bond of plumbing contractor; requisites; form.- and safety in this state by the regulation of plumbing contractors and plumbing. (1) Any person, except an employee of a Blotor;r.-comp. 1, ch , licensed, bonded plumbing contractor, who desires to engage in or work at the business of Definitions.-For the purpose of this plumbing in counties in the state that have, chapter, the following terms, when used in through their boards of county commissioners, the chapter or the rules and regulations, or elected to place said counties under the operaorders made pursuant thereto, shall be con- tion of this chapter, shall, before engaging or strued, respectively to mean: working at the business of plumbing in said (1) PLUMBING CONTRACTOR.-A plumb- counties, give bond in the sum of five thouing contractor is any person, except an em- sand dollars, payable to the governor of the ployee of a licensed, bonded plumbing contrac- state and his successors in office with two tor, who is engaged in or working at the busi- or more good and sufficient sureties to be ness of plumbing in the state who has fur- approved by the board of county commisnished the necessary bond that he will do sioners of the county in which the said perall plumbing in this state in compliance with son intends to engage or work as a plumbing the minimum requirements of the state plumb- contractor and to be filed with the clerk of the ing code and who obtains a state and county circuit court of the county in which the said occupational license and any other license, person intends to so engage or work, which said when required, to engage in or work at the bond shall be conditioned upon the said person business of plumbing. complying with the minimum requirements of (2) PLUMBING.-Plumbing is the prac- the state plumbing code in regards to all plumbtice, materials, and fixtures used in the instal- ing done by said person in this state. Upon lation, maintenance extension and alteration said plumbing contractor obtaining said bond of all piping fixtures, appliances and appur- and filing said bond with the clerk of circuit tenances in connection with any of the fol- court as aforesaid, the said plumbing contraclowing: ~anitary drainage or storm drainage tor is thereby entitled to have issued to him facilities, the venting system and the public or by the said clerk of circuit court, a certificate private water-supply systems, within or adja- to the effect that said bond has been filed by cent to any building, structure or conveyance; said plumbing contractor in said county. Said also the practice and materials used in the in- certificate shall be accepted, in lieu of bond, stallation, maintenance, extension or alteration by other counties in which said plumbing conof the storm water or sewerage and water sup- tractor may desire to work. ply systems of any premises to their connec- (2) The requisite of two sureties and justion with any point of public disposal or other tification of same shall not apply where surety acceptable terminal. is by a solvent surety company authorized to (3) PLUMBING FIXTURES.-Plumbing fix- do business in this state. tures are installed receptacles, devices or ap- (3) (a) The form of said bond shall be subpliances which are supplied with water or stantially as follows: which receive or discharge liquids or other Know all men by these presents that we, liquid-borne water, with or without discharge (hereinafter called into the drainage system with which they may the Principal) and, be directly or indirectly connected. a corporation duly qualified and authorized (4) MINOR MAINTENANCE.-Minormain- under the laws of the State of Florida to act 2683

34 Ch. 553 PLUMBING CONTROL LAW Ch. 553 as surety on bonds (hereinafter called the Surety) are held and firmly bound unto ~,Governorofthe State of Florida, and his successors in office in the penal sum of Five Thousand and no/100 Dollars, lawful money of the United States of America, the true payment whereof well and truly to be made we do bind ourselves, our respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by this bond. (b) The condition of this bond is that if the above bounded Principal, the said shall protect the State of Florida against all loss or damage occasioned by the negligence of the said Principal herein in failing to properly execute and protect all plumbing done by said Principal or the employees of said Principal or under the direction and supervision of said Principal and from all loss or damage occasioned by or arising in any manner from any such work done by said Principal or the employees of said Principal or under the direction or supervision of said Principal which is not caused by the negligence of the State of Florida or its agents, or employees, or by the negligence of the agents or employees of the county in which such plumbing is performed or by the negligence of the employees of the city in which such plumbing is performed, and further will keep and observe all laws of the State of Florida relating in any way to plumbing and all local ordinances where such plumbing is done, which relate in any way to plumbing and shall do all the plumbing in compliance with the minimum requirements of the State Plumbing Code and shall further without additional cost to the person for whom the plumbing is done, remedy any defects in said work due to faulty material furnished or used by said Principal and shall further reconstruct and repair any such defective plumbing work or material to the satisfaction of the County Plumbing Inspector of the County where such plumbing is done or to the satisfaction of the City Plumbing Inspector, where such plumbing is done in cities of seven thousand five hundred or more population or to the satisfaction of the city or district plumbing inspector, where such plumbing is done in cities and towns of less than seven thousand five hundred population or legislatively created governing, service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners, at any time within one year after the construction, alteration or installation thereof by said Principal, or under his direction or supervision and within fortyeight hours after notice from the County Plumbing Inspector or the City Plumbing Inspector or the district plumbing inspector to reconstruct or repair same, then this obligation shall become null and void; else to remain in full force and effect. (e) Any failure or default on the part of the Principal in remedying any defects in 2684 plumbing due to faulty workmanship and incorrect construction or due to faulty material furnished or used by Principal, shall give the person for whom such work is performed a direct right of action against the Principal and Surety under this obligation; provided, however, that no suit, action or proceeding by reason of any default whatever shall be brought on this bond, after one year from the date of the final completion of such plumbing by the Principal for such third person. (d) The premium anniversary date of this bond shall be on the 1st day of October of each year, the first anniversary being October 1, Signed, sealed and delivered in the presence of: (SEAL) Principal As to the Principal (SEAL) As to the Surety By Attorney in fact Approved: Clerk of Board of County Commissioners of County. Blstor7.- 3, ch. 2690t, 1951; sub. I (1) am. 1, ch , sub. (3) am. 1, ch , Exemptions.-No person desiring to engage in or work as a plumbing contractor in the state in any county in which the board of county commissioners shall not have employed a plumbing inspector as provided in shall be required to give bond as required by the provisions of before engaging in or working as a plumbing contractor; anything in the provisions of this chapter to the contrary notwithstanding. Blstor7.--comp. 1, ch , County plumbing inspectors.; employment, qualifications, duties; exemption of certain municipalities and districts.- (1) Each county in this state, acting through its board of county commissioners may, at the discretion of said board of county commissioners, employ one or more plumbing inspectors to inspect all plumbing installed within such county, except within the corporate limits of cities of seven thousand five hundred or more population. Each said plumbing inspector as aforesaid must be a practical plumber of not less than ten years' experience, shall not be connected with the plumbing business in any manner after such employment. The said plumbing inspector shall be under the direct supervision of the board of county commissioners and his salary shall be determined by said board. In counties having county health units, it would be desirable to have inspector work in cooperation with such units. The said

35 Ch. 553 PLUMBING CONTROL LAW Ch. 553 plumbing inspector shall be qualified to perform duties in matters pertaining to the gathering of evidence in any violation of the provisions of this chapter, swearing out warrants, appearing before courts in prosecution and any other matters pertaining to the enforcement of the provisions of this chapter, but said inspector shall not be entitled to receive any witness or other fees out of the fine and forfeiture fund of any county on account of his testifying as a witness or any other services rendered by him under this chapter. It shall be the duty of the plumbing inspector to inspect plumbing in his county with respect to mode of installation, materials used, workmanship employed, state plumbing code specifications met and testing used, all to comply with and conform with the minimum requirements of the state plumbing code and the laws of the state in regard to plumbing. Each said county, acting through its board of county commissioners, may exempt from county plumbing inspection cities and towns of less than seven thousand five hundred population and legislatively created governing, service or sanitary districts, which said cities and towns and districts have in existence or which enact plumbing code ordinances meeting or surpassing the minimum requirements for plumbing as set out in state plumbing code and which hire only plumbing inspectors who meet the minimum requirements and qualifications as hereinabove set out for county plumbing inspectors and which said cities and towns and districts conduct inspections complying with the minimum state requirements. (2) Two or more counties may jointly hire one or more plumbing inspectors to act as inspectors or inspector for such counties jointly hiring such inspector or inspectors. (3) It shall be the duty of the plumbing inspectors in cities of seven thousand five hundred or more population and also in cities and towns of less than seven thousand five hundred population and legislatively created governing, service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners, to inspect plumbing in their respective corporate limits with respect to mode of installation, materials used, workmanship employed, state plumbing code specifications met and testing used, all to comply with the minimum requirements of the state plumbing code and the laws of the state and the ordinances of the particular municipality or district in regard to plumbing. Cities of seven thousand five hundred or more population and also cities of less than seven thousand five hundred population and legislatively created governing, service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners are hereby authorized to use their own inspection system, provided the said cities and towns and districts comply with the minimum requirements of the state plumbing code. Nothing herein shall prohibit such cities 2685 and towns and legislatively created governing, service or sanitary districts from enacting more stringent requirements in regard to plumbing and inspection than are set out in this act. ( 4) If the board of county commissioners of any county so desires it may designate a qualified city or governing, service or sanitary district plumbing inspector as its county plumbing inspector. Wstor:r.- 5, 7, ch , 1951; IIUb. II (1),(3),(') am. 11. ch , State plumbing code adopted.-chapter VIII of the Florida state sanitary code of the Florida state board of health adopted in accordance with chapter 381, is hereby adopted as the state plumbing code and all installations, repairs and alterations to plumbing shall from October 1, 1951, be performed in accordance with its provisions. At least three copies of said Chapter VIII of the Florida state sanitary code shall be kept on file at the board of county commissioners in each said county of the state and shall be marked with the words "County of, official copy." mstor;r.-comp. 6, ch , Plumbing permits; inspection fee, amount, disposition; exception.-the board of county commissioners of each county, except within the corporate limits of cities of seven thousand five hundred or more population and also except within the corporate limits of cities and towns of less than seven thousand five hundred population and legislatively created governing, service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners, may charge and collect a reasonable fee for the cost of inspection, which fee shall not be less than one dollar and fifty cents for each plumbing permit issued for each building and one dollar for each fixture up to and including the first eight fixtures and fifty cents for each fixture thereafter installed in connection with such plumbing work in such county. The said permit shall be issued in triplicate, the original going to the plumbing contractor, one copy to be retained by the issuing officer, who should be the plumbing inspector in the county, and one copy to be filed in the records of the county depositor. All such fees shall be paid at the time of the application for a permit to do such work and prior to the installation of any plumbing material, and all such fees collected under this chapter shall be deposited by the plumbing inspector in the county depository and shall be used for the inspection of plumbing and the enforcement of this chapter in such county. mstory.- 7, ch , 1951; am. 1, ch , Inspectors for municipalities, service or sanitary districts; permits; inspection fee, amount.-cities of seven thousand five hundred or more population and also cities and towns of less than seven thousand five hundred population and legislatively created governing, service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners, shall employ one or

36 Ch. 553 PLUMBING CONTROL LAW Ch. 553 more plumbing inspectors to inspect plumbing within the corporate limits of said city or district, and for such inspection service shall charge and collect a reasonable fee for the cost of such inspections, which fee shall not be less than one dollar and fifty cents for each plumbing installation permit issued for each building and one dollar for each fixture up to and including the first eight fixtures and fifty cents for each fixture thereafter installed in connection with such plumbing to be performed within the corporate limits of such cities or districts; all such fees to be paid at the time of application for a permit to do such work and prior to the installation of any plumbin~ material. All fees collected under this chapter by the cities and districts shall be used for the inspection of plumbing and the enforcement of this chapter in such cities and districts. Bistor:r.- 8, ch , 1951; am. fl, ch , Advisory council for uniform interpretation of plumbing code; members, terms, etc.-as an aid to uniform interpretation of the state plumbing code a voluntary advisory council may be organized immediately after October 1, This advisory council shall be composed of three members, one of whom shall be selected by the plumbing inspectors in this state, one of whom shall be selected by the plumbing contractors in this state and one of whom shall be selected by the Florida state board of health. The members of the said council shall serve terms in the following manner: The first person selected by the said board of health shall serve on said council for a period of three years; the first person selected by the said plumbing inspectors shall serve on said council for a period of two years; and the first person selected by said plumbing contractors shall serve on said council for a period of one year; all persons who shall thereafter serve on said council shall serve for a period of three years. The members of said council shall serve without pay unless their respective organizations which selected them shall see fit to reimburse them for their time and expenses incurred while serving on said council. The said council shall give its opinion and advice to the said plumbing inspectors of this state on the construction and interpretation of the state plumbing code. The construction and interpretation of the said state plumbing code as given by the said council shall be given great weight by the said plumbing inspectors of this state. Bistor:r.-comp. fll, ch f, Penalty for violations.-any person violating any provisions of this chapter shall upon conviction of each violation thereof be deemed guilty of a misdemeanor and be punished by a fine of not exceeding three hundred dollars and the cost of prosecution, or by imprisonment for a period of not exceeding sixty days, or by both such fine and imprisonment in the discretion of the court. Bistor:r.-comp. 12, ch , Construction, limitation of chapter. (1) Nothing herein contained shall limit or repeal the authority of the state board of health as granted by law; provided, however, this chapter shall not affect laws or parts of laws establishing plumbing codes nor shall it be applicable in counties where plumbing codes have been established by local or special laws or general bills of local application at the option of county commissioners of said counties. (2) The provisions of this chapter shall not apply to minor maintenance or repairs of plumbing fixtures by persons, firms or corporations upon their own property provided the minimum requirements of the state plumbing code are observed. (3) The provisions of this chapter shall not be construed as being in conflict with chapter 469, relating to plumbers. (4) Nothing herein contained shall prohibit any bona fide owner from personally installing plumbing in his own residence. Bistor:r.-comp. 1 f, II, 10, If, ch. 2690f, Counties excepted from chapter. The provisions of this chapter shall not apply to: (1) Any county having a population of less than 26,000 according to the last official census. (2) Counties having a population of not less than 36,300 nor more than 37,000 according to the last official census. (3) Any county having a population according to the last official census of not less than 50,000 nor more than 52,000. ( 4) Counties having a population of more than 70,000 and less than 74,200, according to the latest official decennial census. (5) Counties having a population according to the last official census of not less than 80,000 and not more than 90,000. Blstor:r.- 2, 5, 14, ch , 1951; fl, ch , 1955; (4) a. by 1, ch Counties exempt from provisions of chapter 28 81, Laws of The provisions of chapter 28181, acts of 1953 shall not apply to any county which is excepted from the provisions of this chapter in The provisions of chapter 28181, acts of 1953 shall not apply to the counties of Madison, Taylor, Jefferson, Alachua, Lake, Bradford, Union, Levy, Dixie, Gilchrist, Columbia, Baker, Clay, Gulf Calhoun, Washington, Wakulla, Franklin, Lib: erty, Santa Rosa, Walton, Holmes, and St. Johns, Flagler, Hardee, Glades, DeSoto, Highlands, Pasco, Sumter, Citrus, Hernando, Hamilton, Marion, Suwannee, Lafayette. Bidor:r.- 2, ch , 1953; 1, ch

37 Ch. 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Ch CHAPTER 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Inter-American center authority; creation. Use of names "interama" and "interama." Members; number, terms, compensation, etc. Officers; quorum. Authority to sue and be a party to suits. Location of offices. Definitions. Powers. Additional powers and authority. The Graves tract; power to acquire. Issuance of revenue bonds. Bonds not to be debt of nor pledge credit of state, counties or municipalities. Bonds; pledge of security for. Bonds of authority approved securities for investment of public funds. Tax exemption. Trust funds Inter-American center authority; creation.-there is hereby created and constituted, as an agency of the state the inter American center authority for the purposes and with the powers herein set forth. Said authority shall have perpetual succession. mstory.-comp. 1, ch , Use of names "interama" and "interama."-the Authority shall have the exclusive right to the use of the names "interama" and "inter-ama." mstorr.-eomp. 2, ch , Members; number, terms, compensation, etc.- (1) (a) The inter-american center authority shall consist of eleven members, one of whom shall be the governor of the state, whose tenure as a member of the authority shall run concurrently with his term of office as governor of the state. The other ten members of the authority shall be appointed by the governor to serve for terms of four years or until their respective successors are duly appointed and qualified; provided, however, that the original membership of the authority to be appointed as soon as possible after passage of this law shall be designated by the governor to serve the following terms, two of them for one year, three of them for two years, two of them for three years, and three of them for four years, beginning May 15, 1951, each to hold office for the period designated by the governor. (b) Whenever the authority shall be indebted to Dade county or the city of Miami on account of any obligation or obligations incurred subsequent to January 1, 1959, the board of county commissioners of Dade county or the commission of the city of Miami, as the case may be, shall, at least thirty days prior to the date of Fixing and revising charges for admissions, concessions, facilities, etc.; disposition. Remedies of bond and trust indenture holders. Appointment and duties of receivers. Refunding bonds. Declaration of public purpose. Proceedings and contracts; ratification. Bonds; validation. Bonds; constitute contract with holders Exemption from tort liability Authorization to secure public liability insurance Cooperation between state agencies Designation of roads authorized Contracts with counties and municipalities authorized Corporate powers Liberal construction Short title Foreign-trade zone. the expiration of the term of any member of the authority or within ten days after the death, resignation or removal of any member of the authority during the period of such indebtedness, nominate at least three residents of the county or the city for appointment by the governor of one of such nominees as the successor of such member. In the event that the authority shall be indebted both to Dade county and to the city of Miami on account of obligations incurred subsequent tc January 1, 195~, the board of county commissioners of Dade county shall, during the period of such indebtedness, make such nominations for the first successor, and thereafter during such period the commission of the city of Miami and said board shall alternate in the nomination of successors as members of the authority. In the event that any successor shall not be appointed by the governor from such nominees as herein provided within ten days after the governor shall have received the nominations for such successor, at least three additional nominations of residents of the county or of the city for such successor shall be made by the county commissioners of Dade county or by the commission of the city of Miami, as the case may be, for appointment by the governor of one of such nominees as such successor, and such nominations shall continue to be made as herein provided until such successor shall be appointed by the governor from such nominees. Subject to and in accordance with the foregoing provisions of this paragraph, so long as the authority shall be so indebted to Dade county three members of the authority shall be appointed by the governor from nominations made by the board of county commissioners of Dade county, so that during the period of any such indebtedness, to the extent permitted by and

38 Ch. 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Ch. 554 subject to said provisions, three members of the authority at any one time in office, but not more than three, shall be members appointed by the governor from such nominations. Subject to and in accordance with the foregoing provisions of this paragraph, so long as the authority shall be so indebted to the city of Miami three members of the authority shall be appointed by the governor from nominations made by the commission of the city of Miami, so that during the period of any such indebtedness, to the extent permitted by and subject to said provisions, three members of the authority at any one time in office, but not more than three, shall be members appointed by the governor from such nominations. (c) Subject to and in accordance with the provisions of paragraph (b) the nominees of the commission of the city of Miami may include members of the commission of the city of Miami and any such commissioners, if nominated and appointed by the governor, are hereby authorized to serve as members of the authority. (d) Interim appointments to fill vacancies created by retirement of any member for any reason before the normal expiration of his appointed term shall be for the unexpired portion thereof. Retiring members shall be eligible for reappointment. (2) Members of the authority shall not be entitled to compensation for their services as members but shall be reimbursed for traveling expenses as provided in , and may be compensated from funds available to the authority for any special or full-time service performed in its behalf, as officer or agent of the authority. Any member of the authority may be suspended by the governor for cause as provided in the constitution of the state and a successor appointed to fill the unexpired portion of the normal term of office of any member thus suspended. Hlstor:r.- 2, ch , 1951; (1) U, ch ; (2) 19, ch Officers; quorum.-the governor of the state shall be a member of said authority and ex officio chairman thereof. The authority shall elect from among its members a standing chairman, who shall preside in the absence of the governor, a secretary and a treasurer who may or may not be members of the authority, and such other officers as the authority may deem necessary or expedient in the performance of its functions, whether or not they be members. The same person may serve both as secretary and treasurer, if thus designated. The authority may delegate to any of its members, officers, agents or employees such powers and duties as it may deem proper and shall establish by-laws and such rules of conduct and procedure as it may deem necessary to govern its own functioning. A majority of the members of the authority shall constitute a quorum. No vacancy in the membership shall impair.the right of a quorum to exercise all of the powers, functions and duties of the authority. Hlstor:r.-<::omp. 3, ch. :l6614, Authority to sue and be a party to suits.-the authority may sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity, with respect to its contractual rights and obligations and to carry out its proper purposes and functions. Hlstory.-<::omp. 4, ch , cf Exemption from tort llablllty Location of offices.-the principal offices of the authority shall be in such place or places in Dade county, as the authority may from time to time designate. Hlstor:r.-<::omp. 5, ch , Definitions.-The following words and terms employed in this chapter shall have the following meanings unless the context otherwise requires: (1) The word "authority" shall mean the inter-american center authority hereby established or, if such authority shall be abolished, the board, commission, or officers succeeding to perform the functions thereof, or upon whom the powers given by this chapter to such authority shall be delegated by law. (2) The term "reconstruction finance corporation" shall mean the reconstruction finance corporation of the United States or any other public corporation or agency of the United States existing, or created hereafter, to fulfill the purposes and functions of said corporation or its successor. (3) The terms "center," "inter-american cultural and trade center," or "cultural and trade center'' shall be considered synonymous and embrace all properties and activities integrated thereto wherever situate, in connection with the establishment, maintenance, and operation of such center and agencies and branches thereof. (4) The word "improvements" shall embrace such repairs, replacements, additions, extensions and betterments of and to any then existing properties, buildings, plant or facilities as are deemed necessary in connection with the establishment, maintenance and operation of the inter-american cultural and trade center provided for herein. Hlstor:r.-<::omp. 6, ch , Powers.-The authority shall have power: (1) To have a seal and to alter the same at pleasure; (2) To acquire, hold, lease and dispose of real and personal property for its authorized purposes; (3) To own, operate, maintain, repair and improve its facilities, wherever located; (4) (a) To acquire in its own name by purchase, grant, gift or lease, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to provisions of any and all laws applicable to condemnation of property for public use, real property or rights or ease-

39 Ch. 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Ch ments therein, or franchises necessary or convenient for its purposes, and to use same so long as its existence shall continue, and to lease or make contracts with respect to the use or disposal of same, or any part thereof, in any manner deemed by the authority to be in the best interest of the center, but only for the purposes of the authority, and in any condemnation proceeding such orders may be made by the court having jurisdiction of the suit, action or proceeding, as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this chapter upon which any lien or other encumbrance exists, unless at the time such property is so acquired, a sufficient sum of money be deposited in trust to pay and redeem such lien or encumbrance; provided, however, that no condemnation of property may be made by the authority unless or until at the time of institution of the condemnation proceedings a showing is made that development of the entire property to be taken, is to be made within a period of two years from the institution of the condemnation proceedings. (b) No property after condemnation shall be leased or let for the same or similar use to which it was being put before condemnation, but must be used exclusively by the authority, or, if leased, or let, it may only be leased or let for use solely for purposes of the authority. (5) To employ consulting engineers, architects, superintendents or managers, accountants, inspectors and attorneys, and such other employees as may be deemed necessary, and to prescribe their powers and duties and to fix their compensation; (6) To contract with any department or agency of the United States, or of this state, or with any county or municipality in the state, with Latin Ame,rican and other countries, with industries, individuals, partnerships, corporations or others, including the granting of franchises to gas, light, power, telephone and other public utilities, under the jurisdiction of the Florida public service commission and certified by this commission to serve this area, upon such terms and conditions as the authority finds to be in the authority's best interests, with respect to the establishment, construction, maintenance, operation and financing of an inter-american cultural and trade center in or near the city of Miami, in Dade county, with facilities elsewhere as occasion may demand as a permanent enterprise created for the purposes and with the powers herein stated provided, however that such power to grant' franchises shall not be exercisable hereunder with respect to any public utility service during the effective period, or extension thereof of a county-wide franchise relating to such ~ervice heretofore granted by the board of county commissioners of Dade county; and provided further that no power herein granted to the authority shall enable it to limit, restrict modify or otherwise change any of the terms ar{d conditions of any such county-wide franchise or to levy any tax or other imposition upon the property, revenues, operations or activities of the grantee of any such county-wide franchise, or to take any action which would affect the amount of any taxes collected by Dade county under any such franchise; (7) To acquire by grant or purchase from the city of Miami, or any municipality, county or state agency, any existing property, real or personal, by it now owned, or hereafter acquired, suitable for the uses of such a center, and to improve, operate and maintain the same for the purposes herein stated; (8) To accept loans or grants of money or materials or property at any time from the United States or any agency or instrumentality thereof, including the reconstruction finance corporation, and upon such terms and conditions as the United States or such agency or instrumentality, including the reconstruction finance corporation, may impose; (9) To make and enter into all contracts or agreements either with or without competitive bidding, as the authority may determine, which are necessary or incidental to the performance of its duties or the execution of its powers under this chapter; (10) To borrow money for any of its authorized purposes and for expenses incidental thereto including expenses incurred during the period of organization and construction prior to the operation of the center, and to issue negotiable revenue bonds payable solely from revenues accruing from the operation of such center and from authorized activities incidental thereto; and to provide for the payment of same; and to fix rates and to make collections for the use of the facilities and services of the authority; and to execute mortgages or trust indentures, as may be required, for the financing of the authorized activities of the authority; (11) To exercise any power not in conflict with the constitution and laws of the state or the United States which is usually possessed by private corporations or public agencies performing similar or comparable functions; (12) To establish and maintain proper and adequate zoning and building requirements and restrictions upon property owned or controlled by it, including high standards of design and construction, and to institute action to compel the observance of same in any court of competent jurisdiction. All parties erecting any improvements or construction upon property owned or controlled by the authority, under permit from it, lease or contract of any character, shall observe said building and zoning requirements, restrictions and standards, as they may from time to time be promulgated by the authority. No improvements or alterations shall be made to or erected upon any property owned or controlled by the authority, under lease or otherwise, without its permission in writing. All courts of

40 Ch. 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Ch. 554 competent jurisdiction are hereby authorized and instructed to issue such temporary or permanent restraining orders as may be deemed proper to compel observance of the zoning and building requirements, restrictions and standards duly promulgated by the authority or others as the court may deem just and proper; (13) To engage in any lawful business or activity deemed by it to be necessary, convenient or useful in the full exercise of its powers to establish, finance and operate an inter-american cultural and trade center under the provisions of this chapter, including the leasing for revenue of any land, improved real estate or personal property directly related to the conduct of the center or reserved for its future use or expansion. Within the meaning of this chapter any use of the property of the authority, real or personal, shall be deemed necessary, convenient or useful which stimulates, assists and fosters international and domestic patronage, trade, culture, education, good will or the advancement of living standards or which enhances the attractiveness of the center or the efficiency of its operations, or which provides revenue to the authority from said property pending its future use for any of the purposes of the center. (14) To do all lawful things necessary and convenient to carrying out the powers and purposes expressed in this chapter. Hlstory.- 7, ch , 1951; 11, cb ; 11, ch ; 11, ch ; 1, cb Additional powers and authority. In addition to the other powers and authority granted by this chapter, and by any other law to the inter-american center authority (hereinafter sometimes called the authority), an agency of the state duly created and established by this chapter, the authority shall have the following powers: (1) To fix and collect charges for admiss'on to the inter-american cultural and trade center mentioned in this chapter, and each or any part thereof, and for the privilege of entering or staying in any exhibition, place of amusement or other facility within the boundaries of the center, which power shall not be affected by the construction, reconstruction, improvement, repair or maintenance by the state road department or any other agency or political subdivision of the state of any roads within or approaching the center; (2) To enter into contracts and leases with any department or agency of any other state or municipality or political subdivision thereof with respect to the establishment, construction, maintenance or operation of any buildings or structures within the center; (3) To enter into contracts with any agency of the state or with Dade county or any municipality therein for the purpose of providing police and fire protection, water, sanitation and any other public services deemed advisable by the authority, and any such agency, county or 2690 municipality is hereby authorized to enter into such contracts; and ( 4) To pledge to the payment of its bonds and obligations any revenues or other funds accruing to the authority. mstory.-comp. 1, cb , The Graves tract; power to ac quire.- (1) The authority shall have power to acquire by grant or purchase from the city of Miami or any other municipality, or from any county, state agency, corporation for profit, nonprofit corporation or any person, any property, real or personal (including those properties in Dade county, known as "the Graves tract"), and to improve, operate and maintain any such property, and any such municipality, county or state agency owning any such property is hereby authorized to grant, convey or sell such property to the authority without any limitation or restriction as to the use or disposition thereof by the authority and without any limitation or restriction as to consideration or terms or conditions of any sale thereof. (2) Notwithstanding the provisions of or the limitations or restrictions contained in ch , special acts of 1955, or any other law, general or special, the authority shall have power to grant, convey, sell, lease, trade, exchange, mortgage, encumber in any manner or otherwise dispose of any such property on such terms and conditions and for such prices or consideration as it shall deem proper and for the best interests of the authority. (3) No mortgage or encumbrance of any such property by the authority shall be deemed to be a debt of this state or of any municipality or county therein or a pledge of the faith and credit of the state or of any such municipality or county, but any bonds secured by such mortgage or encumbrance shall be payable solely from the funds designated therefor andjor from the security therefor, including any property so mortgaged or encumbered. ( 4) It is hereby determined and declared that the powers herein conferred and the exercise of any such powers are for a public purpose. mstory.-comp. 2-5, ch , Issuance of revenue bonds.- (1) The authority shall have power and is hereby authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or a!ly part of the cost, as hereinabove set forth, of establishing, maintaining and operating an inter American cultural and trade center. The principal and interest of such bonds shall be payable solely from the special fund or funds herein authorized to be provided for such payment. The bonds of each issue shall bear such date or dates and interest at such a rate or rates, not exceeding six per cent per annum, payable as provided by contract, and shall rna-

41 Ch. 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Ch ture at such time or times not exceeding forty years from the date or dates thereof, and be payable in such medium or media of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The authority shall determine the forms and denominations of the bonds, including any interest coupons attached thereto, and their manner of execution, and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as though he had remained in office until such delivery. All revenue bonds issued under the provisions of this chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the state. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provisions may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest, and for the reconversion of bonds registered as to both principal and interest into coupon bonds. The authority may sell such bonds in such manner, either at public or private sale, and for such price as it may determine to be in the best interest of the authority, but no such sale shall be made at a price so low as to result in the payment of interest on the money received therefor at more than six per cent per annum, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation, the amount of any premium to be paid on redemption of any bonds prior to maturity. Prior to the preparation of definitive bonds, the authodty may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (2) This chapter shall be complete authority for the issuance of the bonds hereby authorized. Any restrictions, limitations or regulations relative to the issuance of such bonds which may be contained in any other act shall not apply to the bonds issued under this chapter. Such bonds may be issued without any other proceedings, the happening of any event or the existence of anything other than those proceedings, conditions and things which are specified or required by this chapter. Any resolution providing for the issuance of revenue bonds under the provisions of this chapter shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special or adjourned meeting of the authority by a majority vote of the entire membership of the authority. (3) Any resolution providing for the issuance of bonds and any trust indenture hereinbefore or hereinafter mentioned may also contain such limitations upon the issuance of additional bonds as the authority may deem proper, and such additional bonds shall be issued under such restrictions and limitations as may be prescribed by such resolution or by such trust indenture. All moneys received from any bonds issued under the provisions of this chapter shall be applied solely to the purposes for which the bonds shall have been authorized or to the sinking fund or funds created for the payment of such bonds. There shall be and hereby is created and granted a lien upon such moneys until so applied in favor of the holders of such bonds or in favor of the designated trustees for the benefit of the holders thereof. Blstor;r.-Comp. 8, ch , Bonds not to be debt of nor pledge credit of state, counties or municipalities. Bonds issued under the provisions of this chapter shall not be deemed to be a debt of this state or of any municipality or county therein or a pledge of the faith and credit of the state or of any such municipality or county, but such bonds shall be payable solely from the funds designated therefor, andjor from such other security therefor as may lawfully be provided. All such bonds shall contain a statement on their face to the effect that there is no obligation to pay the same or the interest thereon except frolll revenues or from the proceeds of such other property as may be lawfully pledged to secure the bonds, or both, as the case may be, and that there are not pledged for the payment of the principal or interest of such bonds the faith and credit of the state or of any municipality or county in the state. No holder of any of the bonds of the authority, regardless of the character of the security pledged for their payment, shall ever have the right to compel any exercise of the taxing power on the part of the authority or of any municipality or county or of any other agency possessing the taxing power, to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the authority or of any municipality or county in the state, except to the extent that such bonds or certain issues thereof, may be lawfully and specifically secured by mortgage lien upon property owned by the authority as hereinafter set out. To the full extent any state agency may now or hereafter lawfully encumber its property by mortgage as security for borrowed n1oney,

42 Ch. 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Ch. 554 without thereby being deemed to have pledged the faith or credit of the state or of any county, municipality or other subdivision thereof, this authority is hereby empowered to encumber its property by mortgage for the purposes expressed in this chapter. mstor,..--<:omp. 9, ell , Bonds; pledge of security for. Within the powers granted in , the authority may further secure its revenue bonds by a mortgage or mortgages upon any of its property, or by a trust indenture by and between the authority and a corporate trustee, which corporate trustee may be any trust company or bank having the powers of a trust company within or outside of this state. Such mortgage or trust indenture may pledge or assign all or any part of the revenues and earnings to be received in connection with the operation of the inter-american cultural and trade center, and may in addition, or in the alternative, encumber and create a lien upon any or all of the real or personal property of the authority, to secure the payment thereof. The resolution providing for the issuance of such bonds, the mortgage itself, or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bond holders as may be reasonable, proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the construction, acquisition, improvement, maintenance, operation, repair and insurance of the trade center properties acquired, or to be acquired, and the custody, safeguarding and application of all moneys, and may also provide that such center or any part thereof shall be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that security given by contractors and by depositaries of the proceeds of the bonds or revenues or other moneys pertaining thereto be satisfactory to such purchasers. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depositary and to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Such trust indenture may set forth the rights and remedies of the bondholders and of the trustee. and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of state agencies or private corporations. In addition to the foregoing, such trust indentures may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust indenture may be treated as a part of the cost of establishing, maintaining, or operating the center or as a part of the cost of properties of the authority. Bhtor,..--<:omp. 11. ch , Bonds of authority approved securities for investment of public funds.-bonds issued by the authority under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the state, counties, other political subdivisions, cities or towns, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries may properly and legally invest any funds, including capital belonging to them or within their control. mstor,..--<:omp. f5, ell , Tax exemption.-the creation of the authority and the carrying out of its purposes is in all respects for the benefit of the people of this state and is a public purpose, and as the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by law, any and all bonds issued by the authority, their transfer and the income therefrom (including any profit made on the sale thereof) shall at all times be free from taxation within the state, and said authority shall be exempted from any and all admissions and other excise taxes heretofore or hereafter levied or pursuant to authority granted by the state. mstor,..-comp. 4, ch , Trust funds.-to the extent provided in any trust indenture or indentures securing bonds or other obligations issued or incurred by the authority, all moneys or any portions thereof specified in the indenture or indentures received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds, as grants or other contributions or as revenues and earnings, shall be deemed to be trust funds and shall be held and applied as provided in the respective indentures and in this chapter. The authority shall, in the resolution or resolutions providing for the issuance of revenue bonds or in the trust indenture or indentures accompanying such bond issues, provide for the payment of the proceeds of the sale of such bonds and of the earnings and revenues pledged for their repayment to an officer or officers who, or to an agency, bank or trust company which, shall act as trustees of such funds. The designated trustees shall hold and apply the same for the purposes hereof, subject to the provisions of this chapter and of the resolutions and trust indentures governing the terms of said bond issues; provided that to the extent that such funds so held by the trustee or trustees are not derived from any form of taxation or are not the product of legislative appropriation, they may be applied and expended by the trustee or trustees in any manner permitted by the resolutions and trust indentures securing said bonds, notwithstanding any statutory

43 Ch. 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Ch. 55.f provision or administrative regulation prescribing the method of incurring obligations or limiting allowances, compensation or other exp~nditures paid by tax-supported state agen Cies. Bistory.- 10, ch , 1951; 1, ch ; 1, ch Fixing and revising charges for ad ~issions, concessions, facilities, etc.; disposi tion.- (1) The authority shall fix, and revise from time to time as may be necessary any and all rates and other charges for admissions, displays, concessions, services and facilities. All such rates and other charges shall be so fixed and adjusted as to provide funds in such order of preference as the authority may determine, sufficient to pay: (a) The cost of maintaining, repairing and operating the trade and cultural center, within the absolute discretion of the authority, for extraordinary depreciation, repairs, insurance, r~placement. and expansion of building, facilities and equipment, and other reserves required by bond resolutions or trust indentures; and (b) The principal of and the interest on the revenue bonds issued by the authority under the provisions of this chapter, as the same shall become due, and any premium required for the redemption of such bonds before maturity, and.all sinking fund and other requiremen!s provided by the resolutions authorizing the Issuance of such bonds or by the trust indentures. (2) Such rates or other charges shall not be subject to supervision or regulation by any other state commission, board, bureau or agency. The revenues derived as aforesaid, except such part thereof as may be required to pay the cost of maintaining, repairing and operating such trade and cultural center and to p~ovid~ such reserves. therefor as may be required m the resolutions authorizing the issuance of the bonds or in the trust in ~entures, shall be set as~de at such regular mtervals as may be provided in such resolutions or trust indentures, in a sinking fund or funds which are hereby pledged to and charged with the payment of: '. (a) The interest upon such bonds as such mterest shall fall due; (b) The principal of the bonds as the same shall fall due; (c) The necessary charges of paying agents for paying principal and interest; and (d) Any premium upon bonds retired by call o~ purchase as herein provided. The use and disposition of such sinking fund or funds shall b~ subject to such.regulations as may ~e provided m the resolut10ns authorizing the ~ssuance of the revenue bonds or in the trust mde:l}ture~, but, except as may otherwise be provided m such resolutions or trust indentures, each such sinking fund shall be for the penefit of all bonds of the issue or issues which It secures without distinction or prioritv of one over another. All bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued. Bistor;y.--<:omp. 12, ch , Remedies of bond and trust indenture holders. -Any holder of bonds issued under the provisions of this chapter or of any of the coupons appertaining thereto and the trustee under the trust indentures, i/ any, except to the extent the rights herein given may be restricted by resolution passed before!he issuance of ~he bonds or by the trust Indenture, may either at law or in equity ~Y suit, action, mandamus, or other proceed~ mg, protect and enforce any and all rights under the laws of the state or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this chapter or by such resolution or trust indenture to be performed by the a?-t~ority or a;ny officer thereof, including the fixmg, chargmg, and collecting of rates, rentals, fees, and other charges for the facilities furnished by the authority. Bistory.--<:omp. 13, ch , Appointment and duties of receiv ers.- (1) In the event the authority shall default in the payment of the principal of or the interest on any of the bonds as the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of ninety days, or in the event the authority or its officers, agents, or employees, or the trustees named in the trust indenture for any bond issue, shall fail or refuse to comply with the provisions of this chapter, or shall default in any agreement made with the holders of the bonds, any bondholder or the trustees therefor, subject to the provisions of the resolutions authorizing the same or of the trust indentures, shall have the right to apply in any appropriate judicial proceeding to the circuit court in chancery or any court having jurisdiction, for the appointment of a receiver of the moneys accruing from the operation of the said inter-american cultural and trade center. (2) Notwithstanding anything in this section to the contrary, no such receiver shall have the power to sell, assign, mortgage, or otherwise dispose of any assets of whatever kind or character belonging to the authority and useful for or employed in connection with the operation of such trade and cultural center and the authority of such receiver shall b~ limited to such portion of said trade and cultural center, and the affairs thereof, as may be placed in receivership. No court shall have jurisdiction to enter any order or decree requiring or permitting such receiver to sell, mortgage, or otherwise dispose of any such assets, except upon foreclosure and sale of specific property or properties covered by specific mortgage liens. (3) Whenever such defaults shall have.. ~693

44 Ch. 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Ch. 554 been fully cured and made good by the authority or the receiver, said receivership shall thereupon be terminated and the authority shall thereupon resume the collection of said moneys. mstory.-comp. 14, ch , Refunding bonds.-the authority is hereby authorized to provide by resolution for the issuance of revenue-refunding bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premiums thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the authority for the additional purpose of constructing additions, improvements, extensions or enlargements of the inter-american cultural and trade center or any part thereof. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same, shall be governed by the foregoing provisions of this chapter insofar as the same may be applicable. mstory.- 15, ch , 1951; f3, ch , Declaration of public purpose.-it is hereby determined and declared that the creation of the authority and the carrying out of its purposes is in all respects for the benefit of the people of this state and is a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter, and the state covenants with the holders of the bonds issued under the provisions of this chapter that the authority shall not be required to pay any taxes or assessments upon any of the property acquired by it under its jurisdiction, control, possession or supervision or upon its activities in the establishment, maintenance and operation of an inter-american cultural and trade center, or upon any revenues received by the authority. It is further determined and declared that all exhibits within the center for which no admission charge is required by the exhibitor, and structures housing the same, shall be deemed to be property held and used exclusively for scientific or educational purposes and exempt from ad valorem taxation. Bistory.- 16, ch , 1951; 24, ch. 57-1; 1, ch Proceedings and contracts; ratification.-any proceedings which have heretofore been taken by the authority and any contracts which have heretofore been entered into by the authority which are authorized under the provisions of this chapter shall be regarded as being taken or entered into under the authority of this chapter, and such proceedings and such contracts are hereby ratified and confirmed. matory.-comp. 17, ch , Bonds; validation.-the power of the authority to issue bonds under the provisions of this chapter may be determined and such bonds may be validated and confirmed by the circuit court of Dade county, under the provisions of chapter 75, and laws amendatory thereof or supplementary thereto. matory.-comp. 118, ch , Bonds; constitute contract with holders.-while any of the bonds issued by the authority under the provisions of this chapter shall remain outstanding, the powers, duties or existence of said authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of said bonds. The provisions of this chapter shall be for the benefit of the state, the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions of this chapter, shall constitute a contract with the holders of such bonds. mator:r.-comp. 19, ch , Exemption from tort liability. - Neither the authority nor any member, agent or employee of the authority shall ever be held liable or accountable for or because of any injuries or damages suffered by spectators, patrons, visitors, invitees, licensees or others, affected by the operation of the said cultural and trade center, either by reason of a?:r. failure of the authority to provide facilities or any other act, event or omission a.rising ou~ of or developing from the operation of said cultural and trade center, independently of contract. mstor:r.-comp. 21, ch , c! Authority to sue and be a party to suits, Authorization to secure public liability insurance.- ( I) Notwithstanding the provisions of , the authority is authorized, in its discretion, to secure and provide public liability insurance for the authority or any of the facilities under its management, -control or supervision or within the confines of the center and to pay the premiums therefor. (2) In consideration of the premium at which such insurance may be written, it shall be a part of the insurance contract between the insurer and the authority that the insurer shall not be entitled to the benefit of the defense of governmental immunity of the authority in.any suit brought against the insured. Imm'!lmty.of the aut~ority against any liability provided m subsectwn (1) of this section is waived to the extent of liability insurance carried by the authority. Bistory.- 1, ch Cooperation between state agencies. -All commissions, bureaus, boards, departments and agencies of the state are hereby authorized and requested to extend to the authority every possible assistance in the establishment, financing, construction, maintenance and operation of the center, including such use of their resources, funds, and facilities as they may dee:n proper and within their authority to utilize for such purposes; and the inter-ameri-

45 Ch. 554 INTER-AMERICAN CULTURAL AND TRADE CENTER Ch. 554 can center authority is hereby authorized and requested to extend to all other commissions, bureaus, boards, departments!ind agencies. of the state the fullest assistance and cooperation in the performance of their functions and the attainment of their objectives. matory.-comp. 22, ch , Designation of roads authorized. The state road department is hereby authorized to designate all roads w.ithin the center and approaching it as a part of the state road system and to expend state road funds to construct, reconstruct, improve, repair and maintain, as a part of the state road system, all roads within the boundaries of said center and leading to it from any other state roads. Such roads shall be located, relocated, constructed, reconstructed, improved, repaired and maintained in such manner as. shall be agreed upon between said state road department and the inter-american center authority, both of which are hereby authorized and empowered to enter into such agreements. mstory.-comp. 23, ch , Contracts with counties and municipalities authorized.-counties, cities and municipalities of the state are specifically empowered with the right to enter into agreements with the authority and to contract with the authority to grant to it, sell or lease to it any of their real and personal property (including franchises, rights, privileges, easements, or other property or interest therein) necessary for the full exercise, or convenient or useful for the carrying on, of any of the authority's powers pursuant to the provisions of this chapter. mstor,..-comp. 24, ch , Corporate powers.-the inter-american center authority which is hereby created and constituted an agency of the state shall be a public corporation having all the usual and ordinary corporate powers. mstory.-comp. 25, ch , Libera! construction.-this chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally con strued to affect the purposes hereof. mstor7.-comp. 20, ch , Short title.-this chapter shall be known and may be cited as the "Inter-Ameri can Cultural and Trade Center Act." mstor,..-comp. 27, ch , Foreign-trade zone.- (1) The authority may make application to the secretary of commerce or other proper official or agency of the United States for the purpose of establishing, operating and maintaining foreign-trade zones in the inter-american cultural and trade center, providing for the establishment, operation and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, trade and other purposes. (2) The authority may select and describe the location of the zone for which the application is made, and make such rules and regulations concerning the operation, maintenance, and policing of the zone as may be necessary to comply with the act of congress creating foreign-trade zones, made in accordance with acts of congress, relating to foreign-trade zones. mstor,..-comp. 1, ch ,

46 Ch. 555 OUTDOOR THEATRES Ch Purpose Definition and scope Entrances and exits Vehicle storage Purpose.- To promote and insure safe ingress and egress to and from state roads of vehicular traffic by preventing the creation of hazardous conditions and locations in the construction of outdoor theatres. mstory.-comp. 1, ch , Definition and scope.-for the purpose of this chapter, an outdoor theatre is a place of outdoor assembly used for the showing of plays, operas, motion pictures and similar forms of entertainment in which the audience views the performance from self-propelled vehicles parked within the theatre enclosure. The requirements of this chapter shall not apply to existing outdoor theatres, but shall apply only to outdoor theatres which may be constructed after June 2, mstor;r.-comp. 2, ch , Entrances and exits.-all entrances and exits for outdoor theatres shall comply with the regulations of the state road department for driveways from property abutting state highways and the following additional requirements: (1) Not more than one entrance shall be provided for each access road but each such entrance may be divided into two roadways and channelized to properly provide for vehicles turning right or left from the highway. (2) That portion of an entrance or exit lying within the highway right-of-way shall comply with the regulations of the authority in charge of the maintenance of the highway or in the event this authority has no regulation, it shall comply with regulations prescribed by the state road department of the State of Florida. (3) Not more than two exits shall be provided for each access highway but such exit may be suitably channelized to provide for right and left turns to the highway, and not more than one traffic lane shall be permitted for each traffic lane on the highway available to vehicles leaving the theatre. ( 4) That no entrance or exit on a state road of the primary state maintained system, located outside an incorporated city or town of this state, shall be located within five hundred feet of its intersection with another state road on the primary state maintained system. (5) Enclosures surrounding the theatre portion of the property shall begin not less than two hundred feet from the center line of the nearest state road. Histor;r.-Comp. 3, ch , CHAPTER 555 OUTDOOR THEATRES Location of tower. Ramps and speaker equipment. Lighting. Qualifying certificate Vehicle storage.-8ufficient area shall be provided between the highway and the ramp area to provide storage space for vehicles equal to not less than fifteen per cent of the theatre capacity, and of that storage space so provided not less than five per cent of the theatre capacity shall be provided between the highway and the ticket booth. In all cases, sufficient storage space shall be provided so that vehicles will not back on the traveled way of the highway. Storage area shall be calculated on the basis of one hundred sixty-two square feet per vehicle. Wstor;r.-Comp. 4, ch , Location of tower.-the screen shall be so oriented that the picture is not visible from any existing major highway. This requirement does not apply to towers already erected. For the purpose of defining a "major highway", it shall be a primary road as designated by the state road department. Histor;r.-Comp. 5, ch , Ramps and speaker equipment. (1) Ramps shall be spaced not less than thirty-eight feet apart. The ramps shall be so designed that any vehicle can move from its parked position to the exit driveway without being required to back up. (2) An individual speaker shall be provided for each vehicle accommodated in the ramp area. All speakers sh~ll be equipped with sufficient cord to permit the speaker to be placed inside the vehicle. Wstor;r.-Comp. 6, ch , Lighting. - All entrance and exit driveways shall be adequately lighted and properly marked to avoid congestion and confusion and shall remain lighted throughout the performance and until the audience has left the area. History.-Comp. 7, ch , Qualifying certificate.-from and after September 1, 1953, it shall be unlawful for the tax collectors of the several counties of the state to issue state and county occupational licenses to any persons applying for the required license to operate an outdoor theatre, where the theatre was completed after September 1, 1953, unless and until proof of compliance with the applicable provisions of this chapter and the regulations of the state road department are met by tendering and exhibiting to such tax collector at the time of making such application a qualifying certificate duly issued by such road department proving such compliance. History.-Comp. 8, ch , cf.-ch. 205 License taxes.

47 Ch. 556 BEDDING INSPECTION Ch Designation; purpose Definitions Administration Sale and manufacture of bedding; prohibited acts Board functions, powers and inspection Designation; purp ~se.-this chapter shall be designated "the bedding inspection law" and shall be deemed an exercise of police powers of the state for the health and welfare of the people of the state. mstory.- 1, ch Definitions.-As used in this chapter: (1) "Person" includes all persons, masculine as well as feminine, corporations, partnerships, limited partnerships, societies, individual propj;ietorships, brokers, auctioneers, trusts voluntary associations, agents and employee~ of any of them and it shall import the plural and singular as the case demands. (2) "Sale," "sell" or "sold" includes offering or exposing for sale or give away, exch:'lng~, lease,. barter, rent, consigning or delivenng Ill consignment for sale, exchange, lease or holding in possession with like intent. The possession of any article of bedding, or filling material as herein defined, by any maker or dealer, or his agent or servant in course of business, shall be presumptive evidence of intent to sell. (3) "Bedding" or "article of bedding" includes any mattress, pillow, cushion, quilt, quilted pad, hammock pad, mattress pad or topper, quilted bedspread, comforter, upholstered spring bed,. box spring, davenport, day bed, couch, sleepmg bag, auto bed, beach pad, chaise lounge pad, bolster, quilted or padded headboard, or any other item containing filling material in whole or part used or intended for use for sleeping purposes. (4) ".Filling material" means any natural fiber!! of vegetable, animal or fowl origin includmg cotton, cotton linters, cotton and spinning mill products, waste or by-products wool featp.ers and down, hair, kapok, sisal, ju'te, ex: cels~or, shre~ded or garnetted clippings; synthetic foam m any form; natural or synthetic rubber in any form; synthetic fibers or any other material, or any combination 'thereof, proc.essed or unprocessed, loose, felted or in battmg, pads, or any other prefabricated form, concealed or not concealed, to be used or that could be used in the manufacture or renovating of and for filling articles of bedding. (5) "New" refers to and means any article of bedding or filling material which has not b~en previously used for any purpose; pro VIded however,. that manufacturing process shall not be considered a previous use. (6) : used".refers to ~nd means any article of beddmg, fi.lhng material or portion thereof CHAPTER 556 BEDDING INSPECTION Labels; tagging Registration fees Scope Bedding and filling material for export only excluded Violations; penalties. of which a previous use, other than subjecting same to manufacturing processing, has been made. (7) "Manufacture," "making," "make" or "made" includes altering, repairing, finishing or preparing articles of bedding or filling material for sale, including remaking or renovating when done by any person except the owner. (8) "Board" means the state board of health. (9) "Manufacturer" means a person who, either by himself or through employees or agents, makes any article of bedding, in whole or in part, or who does the upholstering or covering of any unit thereof using any material. (10) "Supply dealer" means any person who manufactures, makes or prepares for sale any filling materials, in pieces, slabs, loose or in bags, bales or containers, concealed or not concealed, to be used or that could be used in articles of bedding. (11) "Wholesaler," "distributor" or "jobber" means a person who, either by himself or through an agent, sells any article of bedding or filling material to another for the purpose of resale. (12) "Renovator" or "reupholsterer" means any person who repairs, renovates, makes over, recovers, restores or renews any article of bedding for the owner only and not for sale. (13) ":Retailer" means any person who sells, offers or exposes for sale, or has in his possession with intent to sell to a consumer or user an article of bedding. mstory.- 1, ch Note.--Bimilar provisions In former Administration.- (!) The state board of health through its officers and employees is charged with the administration and enforcement of this chapter. It shall be the duty of the board to employ necessary personnel and inspectors who shall be qualified by experience or training and who shall not be interested in either the manufacturing, renovating or sale of bedding or filling material to supervise inspection of all bedding and filling material subject to the provisions of this chapter and enforce the provisions thereof. (2) All fees collected under the provisions of this chapter shall be paid to the state treasurer and deposited into the general revenue fund. The expenses of the state board of heajth incurred in the discharge of its duties under this chapter including salaries and expenses incurred under this chap~er shall be paid from

48 Ch. 556 BEDDING INSPECTION Ch. 556 moneys appropriated for that purpose. The state board of health shall include a sufficient amount in its legislative budget request to properly carry out the provisions of this chapter. (3) The board is authorized to make such regulations as may be necessary for the administration of this chapter and to amend or appeal such regulations; provided, however, such regulations shall not enlarge the scope of this chapter and shall pertain only to the formal procedure. History.- 1, ch Nole.--Similar provisions In former Sale and manufacture of bedding; prohibited acts.- (1) No person shall sell as new any article of bedding or filling material unless it is made from all new material and is tagged as provided herein. (2) No person shall sell, representing it to be new material, any old or secondhand filling material used for filling articles of bedding. (3) No person shall sell any article of bedding made from old, used or secondhand material unless it shall be tagged as provided herein. (4) No person shall sell any article of bedding that has been used or is secondhand unless it shall be tagged as provided herein. (5) No person shall knowingly sell any article of bedding or any material used in the making thereof, which has been used by or about any person having an infectious or contagious disease. (6) No person shall use in the manufacture of any article of bedding or filling material for sale any material that comes from an animal or fowl unless such material has been sterilized by process approved by the board. (7) No person shall sell or hold in his possession for sale any article of bedding or filling material that is in the opinion of the board filthy, dirty, soiled, unsanitary, water damaged or contains bugs or vermin. Wstory.- 1, ch Note.--Simllar provisions In former Board functions, powers and inspec tion.- (1) The board shall have the power to take possession of any article of bedding or filling material made or offered for sale for inspection and may open the item of bedding at the seams to examine the contents therein and obtain a sample without recourse or compensation. Filling material packed in boxes or bags may be opened for inspection and a sample taken. The outside cover of filling material packed in bales may be cut for inspection and a sample taken. Pillows, comforters, quilts, pads, cushions, or any other small item may be taken for laboratory analysis without recourse or compensation. The board may inspect the purchase records of the owner of such articles in order to determine compliance with any section of this chapter. Such records shall be kept available to inspection for a. period of one year. (2) The board may suspend, revoke or deny, in accord with the administrative procedure act (chapter 120), the registration number issued under the provisions of this chapter of any person violating any provisions of this chapter and rules and regulations adopted therefrom or convicted of a violation of this chapter and rules and regulations thereunder by a court of the state. Such person shall not thereafter engage in the manufacture, renovation or delivery for sale or the sale in this state of articles of bedding or filling material as covered by this chapter until th~ board has determined that such person is capable of complying with the provisions of this chapter, whereupon the board may reinstate or reissue the registration number of such person. (3) If any article of bedding or filling material does not meet the requirements of this chapter the board shall prohibit the sale and shall affix thereto a red label, designed and prescribed by the board, and shall, within fifteen days after seizure or labeling, furnish the owner with written reason or reasons for such action. The red label shall not be removed except by an agent of the board. A~y person adversely affected may within fifteen days, file a written appeal to the board for a hearing which shall be held at next regular board meeting after receipt of the appeal by the board. The board or its agent shall not be held responsible for compensation for any articles found to be in violation. (4) All places where articles of bedding or filling material covered by this chapter are made, remade, renovated, stored or offered for sale or are processed with intent to sell or where sterilization is performed shall be subject to inspection by the board during usual business hours. For purpose of administering or enforcing this chapter it is unlawful for any person to interfere with any employee of the board as provided in (2). (5) This chapter shall not apply to any licensed public lodging establishment. Wstory.- 1, ch Labels; tagging.- (1) Every article of bedding or filling material manufactured, renovated, sold or offered for sale shall have attached thereto a label as provided for in this chapter and in rules and regulations adopted therefrom by the board. (2) Labels for articles of bedding shall be securely attached to outside cover thereof and be plainly visible. (3) Labels for filling material shall be securely attached to each piece, package, bundle, roll, bale or container thereof as sold or prepared for sale and be plainly visible. (4) Labels shall be of substantial cloth or cloth-backed material which will not flake when abraded, at least two inches by three inches in size, upon which shall be indelibly stamped, typed or printed with ink, in English, the following: (a) Name or description of the material or materials used to fill such articles of bedding and where two or more different materials are included they shall be described in the order 2698

49 Ch. 556 BEDDING INSPECTION Ch. 556 of their predominance stating percentage by weight of each. (b) Registration number of the manufacturer and name and address of the manufacturer, jobber, distributor or vendor of the article of bedding or filling material. (c) The words "all new material" if such article of bedding or filling material contains no used material; or the words "made of used material" if such article of bedding or filling material is made of any used materials. (d) The color of the labels for "all new material" shall be white; the color of the labels for "made of used material" shall be yellow. (e) Any label attached to such articles containing filling materials or to filling materials required by this chapter to be sterilized shall also carry the word "sterilized" with the permit number of the sterilizer. (5) Nomenclatures or descriptive terms, size of type, and faesimile of labels are to be in compliance with rules and regulations as adopted by the board. (6) The label on any article of bedding containing artificially colored filling material or any filling material containing artificial color shall state the word "colored" immediately preceding the description of such materials. (7) Any person who renovates or reprocesses any article of bedding for any owner shall comply with the following: (a) Any filling material added to the owner's material shall be new unless otherwise specifically agreed to by the owner in writing. (b) Each item renovated shall be labeled upon receipt with a label securely sewed to the outside cover thereof; the color of the label shall be green; statements on the label shall be printed or typed in indelible ink as follows: 1. "Do not remove this label under penalty of law." 2. "This article not for sale." 3. "Owner's material." 4. "Added material consisting of:" 5. "Certification is made that this article contains the same material it did when received from the owner and the added material is according to law." (c) The label shall then clearly state the following: Name and address of owner, name of the repairers or renovators thereon who did repair or renovate the bedding or upholstered furniture and the label shall be not less than three inches by five inches and both the printed and imprinted portions shall be of such size to be easily and clearly read. (8) Any used or secondhand article of bedding sold or offered for sale shall have a label securely attached thereto by the vendor as follows: (a) Color of label shall be yellow with statement thereon printed or typed in indelible ink and in capital letters of such size as to be easily and clearly read as follows: 1. "Used material." 2. "Contents unknown." 3. Name, address and registration number of the vendor. (b) Label shall not be less than three inches by five inches. (9) It is unlawful to use any false or misleading statement, term or designation on the label or to remove, deface or alter, or to attempt to remove, deface or alter the label or statements made thereon. Wstory.- 1, ch Note.-Blmllar provisions in former Registration fees.- (1) The board shall register all applicants and assign to every person a registration number which thereafter shall constitute his identification record and the identification shall not be used by any other person. (2) No person shall manufaeture, renovate, sell or offer for sale any article of bedding or filling material as defined herein unless the manufacturer, renovator, retailer or seller or supply dealer of the item of bedding or filling material shall pay to the board for registration and annually thereafter the following fee: Manufacturer or supply dealer --$60.00 Distributor, jobber or wholesaler Renovator Retailer Date of registration shall constitute birthdate of registration and same shall be renewed on or before expiration date. (a) Every bedding renovator, unless he holds a manufacturer's registration, shall annually obtain a renovator's registration (b) Every bedding distributor, jobber, or wholesaler, unless he holds a manufacturer's registration shall annually obtain a distributor, jobber or wholesaler's registration. (c) Every supply dealer of filling material, unless he holds a manufacturer's registration, shall annually obtain a supply dealer's registration. (d) Every bedding or filling material manufacturer shall annually obtain a manufacturer's registration. (e) Every bedding retailer, unless he holds a manufacturer's registration or a wholesale dealer's registration shall annually obtain a retail dealer's registration. (f) Each person in each classification shall obtain a separate registration for each branch, factory, store or retail outlet. (3) Except as otherwise provided, any person who advertises, solicits, or contraets to manufacture, renovate or sell bedding, or filling material and who either does the work himself or has others do it for him, shall obtain the registration required by this section for the particular type of work which he solicits or advertises he will do, regardless of whether he has a shop or factory. ( 4) Each person doing business at the same address under more than one firm name shall be subject to the registration provisions of this section for each firm name. History.-!, cb Note.-Bimllar provisions in former

50 Ch. 556 BEDDING INSPECTION Ch Scope.- (1) This chapter ~hall apply to all b~d~ing and filling materials mcludmg but not limited to any mattress, box spring, pillow, cushion, quilt quilted pad, packing pad, hammock pad, matt~ess pad and topper, quilted bedspread, comforter, upholstered spring bed, box spring davenport, sleeping bag, auto ~ed, beach pad, chaise lounge pad, bolster, quilted or padded headboard, day bed or couch, or any other article of bedding used or intended for use in sleeping, whether manufactured, reno~ated or remade within the state or brought mto the state for sale; also any filling material processed or unprocessed whether manufactured or sold within the state or brought into the state for sale; provided however, that this chapter shall not apply to articles of bedding sold by the owner from his home direct to a purchaser, unless such article has been exposed to an infectious or contagious disease. (2) Any article of bedding or filling material purchased by or for use by any state, county or city institution may be inspected by the board for compliance with all provisions of this chapter. rustory.- 1, ch Note.--Bimilar provisions In former Bedding and filling material for export only excluded.-this chapter shall not apply to bedding or filling material manufactured, processed or held within the state solely for export outside the state, provided such bedding or filling material is at all times clearly labeled "For Export." mstory.- 1, ch Note.--Bimilar provisions In former Violations; penalties.-any person who fails to comply with or who violates any provision of this chapter or the rules and regulations of the board made pursuant hereto, is guilty of a misdemeanor and shall, upon conviction, be fined not more than $500.00, or shall be imprisoned in the county jail for not more than 90 days for each offense, or by both such fine and imprisonment. History.-!, ch N ote.--bimilar provisions In former , 2700