Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Regulated Industries (Jones) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Chapter 551, Florida Statutes, consisting
19 of sections 551.101, 551.102, 551.103, 551.104, 551.105,
20 551.106, 551.107, 551.108, 551.109, 551.110, 551.111, 551.112,
21 551.113, 551.114, 551.115, 551.116, 551.117, and 551.118, are
22 created to read:
23 CHAPTER 551
24 SLOT MACHINES
25 551.101 Slot machine gaming authorized.--Any existing,
26 licensed pari-mutuel facility located in Miami-Dade County or
27 Broward County at the time of adoption of s. 23, Art. X of the
28 State Constitution that has conducted live racing or games
29 during calendar years 2002 and 2003 may possess slot machines
30 and conduct slot machine gaming at the location where the
31 pari-mutuel permitholder is authorized to conduct pari-mutuel
1
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 wagering activities pursuant to such permitholder's valid
2 pari-mutuel permit or as otherwise authorized by law provided
3 a majority of voters in a countywide referendum have approved
4 the possession of slot machines at such facility in the
5 respective county. Notwithstanding any other provision of law,
6 it is not a crime for a person to participate in slot machine
7 gaming at a pari-mutuel facility licensed to possess and
8 conduct slot machine gaming or to participate in slot machine
9 gaming described in this chapter.
10 551.102 Definitions.--As used in this chapter, unless
11 the context clearly requires otherwise, the term:
12 (1) "Central control computer" means a central site
13 computer controlled and accessible by the division to which
14 all slot machines communicate for the purpose of auditing
15 capacity, real-time information retrieval of the details of
16 any financial event that occurs in the operation of a slot
17 machine, including, but not limited to, coin in, coin out,
18 ticket in, ticket out, jackpots, machine door openings and
19 power failure, and remote machine activation and disabling of
20 slot machines.
21 (2) "Designated slot machine gaming area" means those
22 areas of an eligible facility in which slot machine gaming may
23 be conducted in accordance with the provisions of this
24 chapter.
25 (3) "Distributor" means any person that sells, leases,
26 or offers or otherwise provides, distributes, or services any
27 slot machine or associated equipment for use or play of slot
28 machines in this state. A manufacturer may be a distributor
29 within the state.
30 (4) "Division" means the Division of Pari-mutuel
31 Wagering of the Department of Business and Professional
2
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 Regulation.
2 (5) "Eligible facility" means any existing licensed
3 pari-mutuel facility located in Miami-Dade County or Broward
4 County at the time of adoption of s. 23, Art X of the State
5 Constitution that has conducted live racing or games during
6 calendar years 2002 and 2003 and approved by a majority of
7 voters in a countywide referendum to have slot machines at
8 such facility in the respective county.
9 (6) "Independent testing laboratory" means a
10 laboratory of national reputation that is demonstrably
11 competent and qualified to scientifically test and evaluate
12 slot machines for compliance with this chapter and to
13 otherwise perform the functions assigned to it in this
14 chapter. An independent testing laboratory shall not be owned
15 or controlled by a licensee. The use of an independent testing
16 laboratory for any purpose related to the conduct of slot
17 machine gaming by a licensee under this chapter shall be made
18 from a list of one or more laboratories approved by the
19 division.
20 (7) "Manufacturer" means any person who manufactures,
21 builds, rebuilds, fabricates, assembles, produces, programs,
22 designs, or otherwise makes modifications to any slot machine
23 or associated equipment for use or play of slot machines in
24 this state for gaming purposes. A manufacturer may be a
25 distributor within the state.
26 (8) "Progressive system" means a computerized system
27 linking slot machines in one or more licensed facilities
28 within this state and offering one or more common progressive
29 payouts based on the amounts wagered.
30 (9) "Slot machine" means, for purposes of this chapter
31 any mechanical or electrical contrivance, terminal, machine or
3
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 other device which upon insertion of a coin, bill, ticket,
2 token or similar object or upon payment of any consideration
3 whatsoever, including the use of any electronic payment system
4 except a credit card or debit card, is available to play or
5 operate, the play or operation of which, whether by reason of
6 skill or application of the element of chance or both, may
7 deliver or entitle the person or persons playing or operating
8 the contrivance, terminal, machine or other device to receive
9 cash, billets, tickets, tokens or electronic credits to be
10 exchanged for cash or to receive merchandise or anything of
11 value whatsoever, whether the payoff is made automatically
12 from machine or manually. A slot machine:
13 (a) May utilize spinning reels or video displays or
14 both.
15 (b) May or may not dispense coins, tickets or tokens
16 to winning patrons.
17 (c) May use an electronic credit system for receiving
18 wagers and making payouts.
19
20 The term shall include associated equipment necessary to
21 conduct the operation of the contrivance, terminal, machine or
22 other device.
23 (10) "Slot machine license" means a license issued by
24 the division authorizing an eligible facility to place and
25 operate slot machines as required by laws of this chapter and
26 the rules
27 (11) "Slot machine licensee" means an eligible
28 facility that holds a slot machine license.
29 (12) "Slot machine operator" means a person employed
30 or contracted by the owner of an eligible facility to conduct
31 slot machine gaming at that eligible facility.
4
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 (13) "Slot machine owner" means a person who holds a
2 material interest in the slot machines.
3 (14) "Slot machine revenues" means the total of all
4 cash and property received by the slot machine licensee from
5 slot machine gaming operations less the amount of cash, cash
6 equivalents, credits, and prizes paid to winners of slot
7 machine gaming.
8 551.103 Powers and duties.--
9 (1) The division shall adopt, pursuant to the
10 provisions of ss. 120.536(1) and 120.54, all rules necessary
11 to implement, administer, and regulate slot machine gaming as
12 authorized in this chapter. Such rules shall include:
13 (a) Procedures for applying for a license and renewal
14 of a license.
15 (b) Establishing technical requirements in addition to
16 the qualifications which shall be necessary to receive a slot
17 machine license or slot machine occupational license.
18 (c) Procedures relating to slot machine revenues,
19 including verifying and accounting for such revenues,
20 auditing, and collecting taxes and fees consistent with this
21 chapter.
22 (d) Procedures for regulating, managing, and auditing
23 the operation, financial data, and program information
24 relating to slot machines through the central control
25 computer.
26 (e) Requiring each licensee at his or her own cost and
27 expense to supply the division with a bond with the penal sum
28 of $2 million payable to the Governor and his or her
29 successors in office for the licensee's first year of slot
30 machine operations; and, thereafter, the licensee shall file a
31 bond with the penal sum as determined by the division pursuant
5
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 to rules promulgated to approximate anticipated state revenues
2 from the licensee's slot machine operations. Any bond shall be
3 issued by a surety or sureties to be approved by the division
4 and the Chief Financial Officer, conditioned to faithfully
5 make the payments to the Chief Financial Officer in his or her
6 capacity as treasurer of the division. The licensee shall be
7 required to keep its books and records and make reports as
8 provided in this chapter and to conduct its slot machine
9 operations in conformity with this chapter and all other
10 provisions of law. The division may review the bond for
11 adequacy and require adjustments each fiscal year. Such bond
12 shall be separate and distinct from the bond required in s.
13 550.125.
14 (f) Requiring licensees to maintain specified records
15 and submit any data, information, record, or report, including
16 financial and income records, required by this chapter or
17 determined by the division to be necessary to the proper
18 implementation and enforcement of this chapter.
19 (g) Requiring that the payout percentage of a slot
20 machine shall be no less than 85 percent per facility.
21 (2) The division shall conduct such investigations
22 that the division determines necessary to fulfill its
23 responsibilities under the provisions of this chapter.
24 (3) The division shall investigate all criminal
25 violations of this chapter or any other criminal violation of
26 law occurring on the facilities of a slot machine licensee and
27 such investigations may be conducted in conjunction with the
28 statewide prosecutor or appropriate state attorney and
29 appropriate law enforcement agencies. The division and its
30 employees and agents shall have such other law enforcement
31 powers as specified in ss. 943.04 and 943.10.
6
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 (4) The division shall have unrestricted access to the
2 slot machine licensee facility at all times and shall require
3 of each slot machine licensee strict compliance with the laws
4 of this state relating to the transaction of such business.
5 The division:
6 (a) May inspect and examine premises where slot
7 machines are offered for play.
8 (b) May inspect slot machines and related equipment
9 and supplies.
10 (c) May collect taxes, assessments, fees, and
11 penalties.
12 (d) May deny, revoke, suspend, or place conditions on
13 the license of a person who violates any provision of this
14 chapter or rule adopted pursuant thereto.
15 (5) The division shall revoke or suspend the license
16 of any person who is no longer qualified or who is found,
17 after receiving a license, to have been unqualified at the
18 time of application for the license.
19 551.104 License to conduct slot machine gaming.--
20 (1) Upon application and a finding by the division
21 after investigation that the application is complete and the
22 applicant is qualified, and payment of the initial license fee
23 the division shall issue a license to conduct slot machine
24 gaming in the designated slot machine gaming area of the slot
25 machine licensee's facility. Once licensed, slot machine
26 gaming may be conducted subject to the requirements of this
27 chapter and rules adopted pursuant thereto.
28 (2) An application may be approved by the division
29 only after the voters of the county where the applicant's
30 facility is located have authorized by referendum slot
31 machines within pari-mutuel facilities in that county as
7
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 specified in s. 23, Art. X of the State Constitution.
2 (3) A slot machine license may only be issued to a
3 licensed pari-mutuel permitholder and slot machine gaming may
4 only be conducted at the same facility at which the
5 permitholder is authorized under its valid pari-mutuel
6 wagering permit to conduct pari-mutuel wagering activities.
7 (4) As a condition of licensure and to maintain
8 continued authority for the conduct of slot machine gaming the
9 slot machine licensee shall:
10 (a) Continue to be in compliance with this chapter.
11 (b) Continue to be in compliance with chapter 550,
12 where applicable, and maintain the pari-mutuel permit and
13 license in good standing pursuant to the provisions of chapter
14 550.
15 (c) Conduct no fewer than the greater number of live
16 races or games that were conducted at that pari-mutuel
17 facility in calendar year 2002 or calendar year 2003.
18 (d) Upon approval of any changes relating to the
19 pari-mutuel permit by the division be responsible for
20 providing appropriate current and accurate documentation on a
21 timely basis to the division in order to continue the slot
22 machine license in good standing.
23 (e) Allow unrestricted access and right of inspection
24 by the division to facilities of a slot machine licensee in
25 which any activity relative to the conduct of slot machine
26 gaming is conducted.
27 (f) Submit a security plan, including a slot machine
28 floor plan, location of security cameras, and the listing of
29 security equipment which shall be capable of observing and
30 electronically recording activities being conducted in the
31 designated slot machine gaming area.
8
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 (5) A slot machine license shall not be transferable.
2 551.105 Slot machine license renewal.--
3 (1) Slot machine licenses shall be renewed annually.
4 The application for renewal shall contain all revisions to the
5 information submitted in the prior year's application that are
6 necessary to maintain such information as both accurate and
7 current.
8 (2) The applicant for renewal shall attest that any
9 information changes do not affect the applicant's
10 qualifications for license renewal.
11 (3) Upon determination by the division that the
12 application for renewal is complete and qualifications have
13 been met, including payment of the renewal fee, the slot
14 machine license shall be renewed annually.
15 551.106 License fee; machine fee; tax rate.--
16 (1) LICENSE FEE.--Upon approval of the application for
17 a slot machine license, the licensee must pay to the division
18 an initial license fee of $400,000 for the first year of
19 operation. Thereafter, an annual license fee of $400 per slot
20 machine shall be paid. Such payment shall be made directly to
21 the Pari-mutuel Wagering Trust Fund established pursuant to s.
22 455.116. Such payments shall be accounted for separately from
23 taxes or fees paid pursuant to the provisions of chapter
24 550. Such funds in such trust fund may be appropriated
25 annually by the Legislature to the division for its
26 administration of this chapter and carrying out of its
27 regulatory functions set forth in this chapter.
28 (2) TAX ON SLOT MACHINE REVENUES. (a) The tax rate
29 on slot machine revenues on each facility shall be:
30 1. 30 percent on revenue of $100 million or less;
31 2. 32.5 percent on revenue greater than $100 million,
9
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 but less than or equal to $200 million; and
2 3. 35 percent on all revenue greater than $200
3 million.
4 (b) The tax shall be collected on a daily basis and
5 deposited into the Education Enhancement Trust Fund.
6 (c) The division shall notify the eligible facility
7 concerning the appropriate tax rate to apply to the slot
8 machines revenues.
9 (3) PAYMENT PROCEDURES.--Tax payments shall be
10 remitted daily, as determined by rule of the division. The
11 slot machine licensee shall file a report under oath by the
12 5th day of each calendar month for all taxes remitted during
13 the preceding calendar month that shall show all slot machine
14 activities for the preceding calendar month and such other
15 information as may be required by the division.
16 (4) FAILURE TO PAY TAX; PENALTIES.--A slot machine
17 licensee who fails to make tax payments as required under this
18 section shall be subject to an administrative penalty of up to
19 $1,000 for each day the tax payment is not remitted. All
20 administrative penalties imposed and collected shall be
21 deposited into the Pari Mutuel Wagering Trust Fund in the
22 Department of Business and Professional Regulation. If any
23 slot machine licensee fails to pay penalties imposed by order
24 of the division under this subsection, the division may
25 suspend, revoke, or fail to renew the license of the slot
26 machine licensee.
27 (5) FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR
28 FAIL TO RENEW THE LICENSE.--In addition to the penalties
29 imposed under subsection (4), any willful or wanton failure by
30 a slot machine licensee to make payments of the tax
31 constitutes sufficient grounds for the division to suspend,
10
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 revoke, or fail to renew the license of the slot machine
2 licensee.
3 (6) SUBMISSION OF FUNDS.--The division may require
4 slot machine licensees to remit taxes, fees, fines, and
5 assessments by electronic funds transfer.
6 551.107 Occupational license required; application;
7 fee.--
8 (1) The individuals and entities that are licensed
9 under this section require heightened state scrutiny,
10 including the submission by the individual licensees or
11 persons associated with the entities described in this chapter
12 of fingerprints for a criminal records check.
13 (2)(a) The following licenses shall be issued to
14 persons or entities with access to the designated slot machine
15 gaming area or to persons who, by virtue of the position they
16 hold, might be granted access to these areas or to any other
17 person or entity in one of the following categories:
18 1. General occupational licenses for general
19 employees, food service, maintenance, and other similar
20 service and support employees with access to the designated
21 slot machine gaming area. Service and support employees with a
22 current pari-mutuel occupational license issued pursuant to
23 chapter 550 and a current background check are not required to
24 submit to an additional background check for a slot machine
25 occupational license as long as the pari-mutuel occupational
26 license remains in good standing.
27 2. Professional occupational licenses for any person,
28 proprietorship, partnership, corporation, or other entity that
29 is authorized by a slot machine licensee to manage, oversee,
30 or otherwise control daily operations as a slot machine
31 manager, floor supervisor, security personnel, or any other
11
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 similar position of oversight of gaming operations.
2 3. Business occupational licenses for any slot machine
3 management company or slot machine business associated with
4 slot machine gaming or a person who manufactures, distributes,
5 or sells slot machines, slot machine paraphernalia, or other
6 associated equipment to slot machine licensees or any person
7 not an employee of the slot machine licensee who provides
8 maintenance, repair, or upgrades or otherwise services a slot
9 machine or other slot machine equipment.
10 (b) Slot machine occupational licenses are not
11 transferable.
12 (3) A slot machine licensee shall not employ or
13 otherwise allow a person to work at a slot machine facility
14 unless such person holds a valid occupational license. A slot
15 machine licensee shall not contract or otherwise do business
16 with a business required to hold a slot machine occupational
17 license unless the business holds such a license. A slot
18 machine licensee shall not employ or otherwise allow a person
19 to work in a supervisory or management professional level at a
20 slot machine facility unless such person holds a valid
21 occupational license.
22 (4)(a) A person seeking a slot machine occupational
23 license, or renewal thereof, shall make application on forms
24 prescribed by the division and include payment of the
25 appropriate application fee. Initial and renewal applications
26 for slot machine occupational licenses shall contain all the
27 information the division, by rule, may determine is required
28 to ensure eligibility.
29 (b) The division shall establish, by rule, a schedule
30 for the annual renewal of slot machine occupational licenses.
31 (c) Pursuant to rules adopted by the division, any
12
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 person may apply for and, if qualified, be issued an
2 occupational license valid for a period of 3 years upon
3 payment of the full occupational license fee for each of the 3
4 years for which the license is issued. The occupational
5 license shall be valid during its specified term at any slot
6 machine facility where slot machine gaming is authorized to be
7 conducted.
8 (d) The slot machine occupational license fee for
9 initial application and annual renewal shall be determined by
10 rule of the division but shall not exceed $50 for a general or
11 professional occupational license for an employee of the slot
12 machine licensee or $1,000 for a business occupational license
13 for nonemployees of the licensee providing goods or services
14 to the slot machine licensee. License fees for general
15 occupational licensees shall be paid for by the slot machine
16 licensee. Failure to pay the required fee shall be grounds for
17 disciplinary action by the division against the slot machine
18 license but shall not be considered a violation of this
19 chapter or rules of the division by the general occupational
20 licensee or a prohibition against the issuance of the initial
21 or the renewal of the general occupational license.
22 (5) If the state gaming commission or other similar
23 regulatory authority of another state or jurisdiction extends
24 to the division reciprocal courtesy to maintain disciplinary
25 control, the division may:
26 (a) Deny an application for or revoke, suspend, or
27 place conditions or restrictions on a license of a person or
28 entity who has been refused a license by any other state
29 gaming commission or similar authority; or
30 (b) Deny an application for or suspend or place
31 conditions on a license of any person or entity who is under
13
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 suspension or has unpaid fines in another jurisdiction.
2 (6)(a) The division may deny, suspend, revoke, or
3 declare ineligible any occupational license if the applicant
4 for or holder thereof has violated the provisions of this
5 chapter or the rules of the division governing the conduct of
6 persons connected with slot machine gaming. In addition, the
7 division may deny, suspend, revoke, or declare ineligible any
8 occupational license if the applicant for such license has
9 been convicted in this state, in any other state, or under the
10 laws of the United States of a capital felony, a felony, or an
11 offense in any other state which would be a felony under the
12 laws of this state involving arson; trafficking in, conspiracy
13 to traffic in, smuggling, importing, conspiracy to smuggle or
14 import, or delivery, sale, or distribution of a controlled
15 substance; or a crime involving a lack of good moral
16 character, or has had a slot machine gaming license revoked by
17 this state or any other jurisdiction for an offense related to
18 slot machine gaming.
19 (b) The division may deny, declare ineligible, or
20 revoke any occupational license if the applicant for such
21 license or the licensee has been convicted of a felony or
22 misdemeanor in this state, in any other state, or under the
23 laws of the United States, if such felony or misdemeanor is
24 related to gambling or bookmaking as contemplated in s.
25 849.25.
26 (7) Fingerprints for all slot machine occupational
27 license applications shall be taken in a manner approved by
28 the division and shall be submitted to the Florida Department
29 of Law Enforcement and the Federal Bureau of Investigation for
30 a level II criminal records check upon initial application and
31 every 5 years thereafter. The division may by rule require an
14
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 annual or less frequent records check not to exceed every 5
2 years of all renewal applications for a slot machine
3 occupational license. The cost of processing fingerprints and
4 conducting a records check shall be borne by the applicant.
5 (8) All moneys collected pursuant to this section
6 shall be deposited into the Pari-Mutuel Wagering Trust Fund.
7 551.108 Prohibited relationships.--
8 (1) A person employed by or performing any function on
9 behalf of the division shall not:
10 (a) Be an officer, director, owner, or employee of any
11 person or entity licensed by the division.
12 (b) Have or hold any interest, direct or indirect, in
13 or engage in any commerce or business relationship with any
14 person licensed by the division.
15 (2) A manufacturer or distributor of slot machines or
16 slot machine management company or other business occupational
17 licensee shall not enter into any contract with a slot machine
18 licensee that provides for any revenue sharing of any kind or
19 nature that is, directly or indirectly, calculated on the
20 basis of a percentage of slot machine revenues. Any maneuver,
21 shift, or device whereby this provision is violated shall be a
22 violation of this chapter and shall render any such agreement
23 void.
24 (3) A manufacturer or distributor of slot machines or
25 any equipment necessary for the operation of slot machines or
26 an officer, director, or employee of any such manufacturer or
27 distributor shall not have any ownership or financial interest
28 in a slot machine license or in any business owned by the slot
29 machine licensee.
30 551.109 Prohibited acts.--
31 (1) Except as otherwise provided by law and in
15
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 addition to any other penalty, any person who intentionally
2 makes or causes to be made or aids, assists, or procures
3 another to make a false statement in any report, disclosure,
4 application, or any other document required under this chapter
5 or any rule adopted under this chapter is subject to an
6 administrative fine or civil penalty of up to $10,000.
7 (2) Except as otherwise provided by law and in
8 addition to any other penalty, any person who possesses a slot
9 machine without the license required by this chapter or who
10 possesses a slot machine at any location other than at the
11 slot machine licensee facility is subject to an administrative
12 fine or civil penalty of up to $10,000.
13 (3) Except as otherwise provided by law and in
14 addition to any other penalty, any person who intentionally
15 excludes, or takes any action in an attempt to exclude,
16 anything or its value from the deposit, counting, collection,
17 or computation of revenues from slot machine activity is
18 subject to an administrative fine or civil penalty of up to
19 $25,000.
20 (4) Any person who, with intent to manipulate the
21 outcome, payoff, or operation of a slot machine by physical
22 tampering, or by use of any object, instrument, or device,
23 whether mechanical, electrical, magnetic, or other means,
24 manipulates the outcome, payoff, or operation of a slot
25 machine commits a felony of the third degree, punishable as
26 provided in s. 775.082, s. 775.083, or s. 775.084.
27 (5) All penalties imposed and collected must be
28 deposited into the Pari-Mutuel Wagering Trust Fund in the
29 department.
30 551.110 Illegal devices.--Notwithstanding any
31 provision of law to the contrary, no slot machine
16
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 manufactured, sold, distributed, possessed, or operated
2 according to the provisions of this chapter shall be
3 considered unlawful.
4 551.111 Exclusions of certain persons.--
5 (1) In addition to the power to exclude certain
6 persons from any facility of a slot machine licensee in this
7 state, the division may exclude any person from any facility
8 of a slot machine licensee in this state for conduct that
9 would constitute, if the person were a licensee, a violation
10 of this chapter or the rules of the division. The division may
11 exclude from any facility of a slot machine licensee any
12 person who has been ejected from a facility of a slot machine
13 licensee in this state or who has been excluded from any
14 facility of a slot machine licensee or gaming facility in
15 another state by the governmental department, agency,
16 commission, or authority exercising regulatory jurisdiction
17 over the gaming in such other state.
18 (2) This section shall not be construed to abrogate
19 the common law right of a slot machine licensee to exclude a
20 patron absolutely in this state.
21 (3) The division may authorize any person who has been
22 ejected or excluded from a facility of a slot machine licensee
23 in this state or another state to attend a facility of a slot
24 machine licensee in this state upon a finding that the
25 attendance of such person at a facility of a slot machine
26 licensee would not be adverse to the public interest or to the
27 integrity of the industry; however, this section shall not be
28 construed to abrogate the common law right of a slot machine
29 licensee to exclude a patron absolutely in this state.
30 551.112 Minors prohibited from playing slot
31 machines.--
17
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 (1) A slot machine licensee or agent or employee of a
2 slot machine licensee shall not:
3 (a) Allow a person who has not attained 21 years of
4 age to play any slot machine.
5 (b) Allow a person who has not attained 21 years of
6 age access to the designated slot machine gaming area of a
7 facility of a slot machine licensee.
8 (c) Allow a person who has not attained 21 years of
9 age to be employed in any position allowing or requiring
10 access to the designated slot machine gaming area of a
11 facility of a slot machine licensee.
12 (2) No person licensed under this chapter, or any
13 agent or employee of a licensee under this chapter, shall
14 intentionally allow a person who has not attained 21 years of
15 age to play or operate a slot machine or have access to the
16 designated slot machine area of a facility of a slot machine
17 licensee.
18 (3) The eligible facility shall post clear and
19 conspicuous signage within the designated slot machine gaming
20 areas that states the following:
21 THE PLAYING OF SLOT MACHINES BY PERSONS
22 UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW
23 (SECTION 551.112, FLORIDA STATUTES).
24 PROOF OF AGE MAY BE REQUIRED AT ANYTIME
25 A PERSON IS WITHIN THIS AREA.
26 551.113 Designated slot machine gaming areas.--
27 (1) A slot machine licensee may make available for
28 play slot machines within its designated slot machine gaming
29 areas.
30 (2) A slot machine licensee shall not allow any
31 automated teller machine or similar device designed to provide
18
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 credit or dispense cash to be located within 500 feet of a
2 designated slot machine gaming area within the facilities of
3 the slot machine licensee.
4 (3) A slot machine licensee shall not make any loan or
5 provide credit or advance cash to enable a person to play a
6 slot machine.
7 (4) The slot machine operator shall display
8 pari-mutuel races or games within the designated slot machine
9 gaming areas and offer within the designated slot machine
10 gaming areas the ability for patrons to engage in pari-mutuel
11 wagering on live and simulcast races conducted or offered to
12 patrons of the eligible facility.
13 (5) No complimentary alcoholic beverages shall be
14 served to patrons within the designated slot machine gaming
15 areas.
16 (6) The slot machine operator shall offer training to
17 employees on responsible gaming and shall work with the
18 division's compulsive gaming program to recognize problem
19 gaming situations and to implement responsible gaming programs
20 and practices.
21 (7) The division shall require the posting of signs in
22 the designated slot machine gaming areas warning of the risks
23 and dangers of gambling, showing the odds of winning, and
24 informing patrons of the toll-free telephone number available
25 to provide information and referral services regarding
26 compulsive or problem gambling.
27 (8) The division shall establish standards of approval
28 for the physical layout and construction of any facility or
29 building devoted to slot machine operations. The standards
30 shall require the slot machine gaming area be connected to and
31 contiguous within the operation of the live gaming facility.
19
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 It is the intent of the Legislature that each facility:
2 (a) Possesses superior consumer amenities and
3 conveniences to encourage and attract the patronage of
4 tourists and other visitors from across the region, state, and
5 nation.
6 (b) Has adequate motor vehicle parking facilities to
7 satisfy patron requirements.
8 (c) Has a physical layout and location that
9 facilitates access to the pari-mutuel portion of the facility.
10 551.114 Days and Hours of operation.--Slot machine
11 gaming areas may be open 365 days a year. The slot machine
12 gaming areas may be open only from 10:00 A.M. until 2:00 A.M.
13 Sunday through Saturday.
14 551.115 Penalties.--The division may revoke or suspend
15 any license issued under this chapter upon the willful
16 violation by the licensee of any provision of this chapter or
17 of any rule adopted under this chapter. In lieu of suspending
18 or revoking a license, the division may impose a civil penalty
19 against the licensee for a violation of this chapter or any
20 rule adopted by the division. Except as otherwise provided in
21 this chapter, the penalty so imposed may not exceed $1,000 for
22 each count or separate offense. All penalties imposed and
23 collected must be deposited into the Pari-Mutuel Wagering
24 Trust Fund in the department.
25 551.116 Compulsive gambling program.--The Mental
26 Health Program Office within the Department of Children and
27 Family Services shall establish a program for public
28 education, awareness, and training regarding problem and
29 compulsive gambling and the treatment and prevention of
30 problem and compulsive gambling. The program shall include:
31 (1) Maintenance of a compulsive gambling advocacy
20
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 organization's toll-free, problem-gambling telephone number to
2 provide crisis counseling and referral services to families
3 experiencing difficulty as a result of problem or compulsive
4 gambling.
5 (2) The promotion of public awareness regarding the
6 recognition and prevention of problem or compulsive gambling.
7 (3) Facilitation, through in-service training and
8 other means, of the availability of effective assistance
9 programs for problem and compulsive gamblers and family
10 members affected by problem and compulsive gambling.
11 (4) Studies to identify adults and juveniles in this
12 state who are, or are at risk of becoming, problem or
13 compulsive gamblers.
14 551.117 Catering license.--A slot machine retailer is
15 entitled to a caterer's license pursuant to s. 565.02 on days
16 in which the pari-mutuel facility is open to the public for
17 slot machine game play as authorized by this chapter.
18 551.118 Rulemaking.--
19 (1) The division may adopt rules pursuant to ss.
20 120.536(1) and 120.54 to implement the provisions of this
21 chapter.
22 (2) In order to expedite the licensing requirements of
23 this chapter, the division may adopt emergency rules pursuant
24 to s. 120.54(4). The Legislature finds that such emergency
25 rules are necessary for the preservation of the rights and
26 welfare of the people in order to provide additional funds to
27 the benefit of the public. Therefore, in adopting such
28 emergency rules, the division need not make the findings
29 required by s. 120.54(4)(a).
30 Section 2. This act shall take effect upon becoming a
31 law.
21
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 An act relating to slot machine gaming;
7 creating chapter 551, F.S.,; implementing s.
8 23, Art. X, of the State Constitution;
9 authorizing slot machines and slot machine
10 gaming within certain pari-mutuel facilities
11 located in Miami-Dade and Broward Counties upon
12 approval by local referendum; providing
13 definitions; providing powers and duties of the
14 Division of Pari-mutuel Wagering in the
15 Department of Business and Professional
16 Regulation; providing for licensure to conduct
17 slot machine gaming; providing for slot machine
18 licensure renewal; providing for a license fee,
19 machine fee, and tax rate; requiring
20 occupational licenses and application fees;
21 prohibiting certain business relationships;
22 prohibiting certain acts and providing
23 penalties; providing exception to prohibition
24 of slot machines; providing for the exclusion
25 of certain persons from facilities; prohibiting
26 minors under 21 from playing slot machines;
27 designating slot machine gaming areas;
28 providing for days and hours of operation;
29 providing penalties; providing a compulsive
30 gambling program; providing for a caterer's
31 license; providing for rulemaking; providing an
22
12:58 PM 04/04/05 s1174.ri13.00B
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1174
Barcode 682828
1 effective date.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
23
12:58 PM 04/04/05 s1174.ri13.00B