HB 1901

1
A bill to be entitled
2An act relating to slot machine gaming; creating the Keep
3the Promise Act of 2005 to implement s. 23, Art. X of the
4State Constitution; providing for administration and
5regulation by the Division of Slot Machines of the
6Department of Business and Professional Regulation;
7amending s. 20.165, F.S.; establishing a Division of Slot
8Machines in the Department of Business and Professional
9Regulation; creating chapter 551, F.S.; implementing s.
1023, Art. X of the State Constitution; authorizing slot
11machines and slot machine gaming within certain pari-
12mutuel facilities located in Miami-Dade and Broward
13Counties upon approval by local referendum; providing for
14administration and regulation by the Division of Slot
15Machines of the Department of Business and Professional
16Regulation; providing definitions; providing powers and
17duties of the division; directing the division to adopt
18rules necessary to implement, administer, and regulate
19slot machine gaming; requiring such rules to include
20application procedures, certain technical requirements,
21procedures relating to revenue, certain regulation and
22management and auditing procedures, certain bond
23requirements, and requirements for record maintenance,
24payouts, and data collection and reporting; providing for
25investigations by the division; providing for
26investigation of violations in conjunction with other
27agencies; providing specified law enforcement powers to
28the division; providing for access to slot machine
29licensee facilities by the division; authorizing the
30division to make certain inspections and examinations,
31collect certain moneys, and deny, revoke, suspend, or
32place conditions on the license under certain
33circumstances; providing for suspension or revocation of
34the license of an unqualified applicant or licensee;
35providing for licensure to conduct slot machine gaming;
36providing for application for licensure; providing
37conditions for conducting slot machine gaming; providing
38requirements for receiving and maintaining a license which
39include compliance with slot machine regulations and
40regulations relating to pari-mutuel wagering, maintaining
41the pari-mutuel permit and license, conducting a certain
42number of live races or games, allowing access to the
43division, and submission of certain plans; prohibiting
44transfer of a license; providing a limit on the number of
45slot machines at a facility; providing for annual renewal
46of the license; providing for a renewal application and
47procedures for approval; requiring the slot machine
48licensee pay to the division an annual license fee;
49providing for deposit of the fee into the Slot Machine
50Administrative Trust Fund for certain purposes; requiring
51the division to evaluate the license fee and make
52recommendations to the Legislature; requiring the slot
53machine licensee pay an annual tax on each machine;
54providing for deposit of the tax into the Educational
55Enhancement Trust Fund to be distributed to the school
56district where the facility is located for certain
57purposes; directing the Department of Education to conduct
58an audit and return amounts in excess of certain costs to
59the licensee; providing a tax on slot machine revenues;
60providing payment procedures; providing penalties for
61failure to make payments; providing for submission of
62funds by electronic funds transfer; providing for general,
63professional, and business occupational licenses;
64prohibiting transfer of such licenses; prohibiting a slot
65machine licensee from employing or doing business with
66persons or businesses unless such person or business is
67properly licensed; providing for application forms, fees,
68and procedures; authorizing the division to adopt rules
69relating to applications, licensure, and renewal of
70licensure and fees therefor; requiring payment of initial
71application and renewal fees; requiring slot machine
72licensee to pay licensure fees of general occupational
73licensees; providing for reciprocal disciplinary actions
74with other jurisdictions; providing for disciplinary
75actions against a licensee for certain violations of
76regulations or laws; requiring fingerprints and criminal
77records checks of applicants or licensees; requiring
78certain costs of the records check be borne by the
79applicant or licensee; providing for distribution of funds
80into the Slot Machine Administrative Trust Fund;
81prohibiting certain relationships between employees of the
82division or board and licensees of the division;
83prohibiting certain relationships between business
84occupational licensees and slot machine licensees;
85prohibiting certain financial interests in slot machine
86licensees by certain manufacturers or distributors;
87prohibiting certain actions relating to required reports,
88applications, and accounting; prohibiting possession of
89slot machine by unlicensed person; prohibiting
90manipulation of a slot machine; providing penalties;
91providing for distribution of funds into the Slot Machine
92Administrative Trust Fund; authorizing manufacture, sale,
93distribution, possession, and operation of slot machines
94under certain circumstances; authorizing the division to
95exclude any person from licensed facilities under certain
96circumstances; requiring certain signage in designated
97gaming areas; requiring certain equipment or facilities
98relating to races or games within the gaming area;
99prohibiting a licensee and employees and agents of the
100licensee from allowing a person under a certain age to
101operate slot machines or to have access to the gaming
102area; prohibiting loans or credit or automatic dispensing
103of cash within the facility to play slot machines;
104prohibiting slot machines that accept cash to operate;
105prohibiting slot machines designed to display certain
106false enticements or give a player certain false
107impressions; providing for the hours of operation of slot
108machines; providing penalties for certain violations by a
109licensee; providing for deposit of fines collected;
110authorizing the division to suspend or revoke the license
111of a slot machine licensee for maintaining a nuisance
112under certain circumstances; providing for application of
113penalties to licensee not meeting reporting obligations
114with the board; creating the State Slot Machine Gaming
115Board within the division; providing that the board is not
116a state entity; providing for public meetings and records
117of the board; providing for offices and personnel of the
118board; providing for expenditures of state funds derived
119from regulatory fees; providing for administrative support
120for the board from the division; providing purpose of the
121board; providing for organization, membership, and
122meetings of the board; prohibiting certain interests in
123any slot machine licensee or the gambling industry by
124members of the board; providing penalties; providing for
125reimbursement of certain expenses of board members;
126providing powers and duties of the board; directing the
127board to make certain performance evaluations and reports;
128directing the division to adopt certain performance rules
129governing activities of slot machine licensees; requiring
130review of proposed performance rules for response by the
131board prior to adoption; providing conditions for the
132division to deny renewal of slot machine license;
133directing the division to adopt certain qualification
134performance rules; providing for review by the board to
135determine certain effects of slot machine gaming;
136directing the division to adopt certain performance
137expectation rules to include a requirement that the slot
138machine licensee annually report to the board certain
139information for a determination of the net result of the
140slot machine licensee's slot machine operations; requiring
141the reports to include summaries of certain information
142from local law enforcement agencies, social services
143agencies, clerks of court, the Department of Highway
144Safety and Motor Vehicles, and local emergency management
145agencies and a summary of lobbying activities conducted by
146or on behalf of the slot machine licensee; requiring
147review of proposed performance expectation rules for
148response by the board prior to adoption; requiring the
149performance rules to require the slot machine licensee to
150provide information to the board on an annual basis;
151requiring the board to submit an annual report to the
152Governor and the Legislature; providing for content of the
153report; directing the Office of Program Policy Analysis
154and Government Accountability to conduct a performance
155audit of the board and the division by a certain date;
156providing for items to be addressed by the audit;
157providing for an update of the report to include a
158referendum recommendation to the Legislature concerning
159repeal of the authority to operate slot machines;
160requiring the chief law enforcement officer of certain
161counties and municipalities to annually execute and
162transmit to the board an affidavit relating to certain
163funding; providing purpose of the affidavit; requiring the
164governing body of certain counties and municipalities to
165annually adopt and transmit to the board a resolution
166relating to the operations of slot machine gaming;
167authorizing other governing bodies to transmit such a
168resolution to the board; requiring tourist development
169councils to annually adopt and transmit to the board a
170resolution relating to the operations of slot machine
171gaming; providing for a county or municipality to call a
172referendum on the question of slot machines being declared
173an undue burden; providing for consideration by the board
174of the affidavits, resolutions, and referenda; providing
175for the Mental Health Program Office within the Department
176of Children and Family Services to establish a compulsive
177gambling program in conjunction with the Department of
178Education; providing an effective date.
179
180Be It Enacted by the Legislature of the State of Florida:
181
182     Section 1.  This act may be cited as the "Keep The Promise
183Act of 2005."
184     Section 2.  Subsection (2) of section 20.165, Florida
185Statutes, is amended to read:
186     20.165  Department of Business and Professional
187Regulation.--There is created a Department of Business and
188Professional Regulation.
189     (2)  The following divisions of the Department of Business
190and Professional Regulation are established:
191     (a)  Division of Administration.
192     (b)  Division of Alcoholic Beverages and Tobacco.
193     (c)  Division of Certified Public Accounting.
194     1.  The director of the division shall be appointed by the
195secretary of the department, subject to approval by a majority
196of the Board of Accountancy.
197     2.  The offices of the division shall be located in
198Gainesville.
199     (d)  Division of Florida Land Sales, Condominiums, and
200Mobile Homes.
201     (e)  Division of Hotels and Restaurants.
202     (f)  Division of Pari-mutuel Wagering.
203     (g)  Division of Professions.
204     (h)  Division of Real Estate.
205     1.  The director of the division shall be appointed by the
206secretary of the department, subject to approval by a majority
207of the Florida Real Estate Commission.
208     2.  The offices of the division shall be located in
209Orlando.
210     (i)  Division of Regulation.
211     (j)  Division of Slot Machines.
212     (k)  Division of Technology, Licensure, and Testing.
213     Section 3.  Chapter 551, Florida Statutes, consisting of
214sections 551.101, 551.103, 551.1071, 551.1073, 551.1077,
215551.1079, 551.1091, 551.1111, 551.1113, 551.1115, 551.1119,
216551.121, 551.125, 551.20, 551.25, 551.30, 551.33, 551.34,
217551.341, 551.35, and 551.40, is created to read:
218
CHAPTER 551
219
SLOT MACHINES
220     551.101  Slot machine gaming authorized.--Any existing,
221licensed pari-mutuel facility located in Miami-Dade County or
222Broward County at the time of adoption of s. 23, Art. X of the
223State Constitution that has conducted live racing or games
224during calendar years 2002 and 2003 may possess slot machines
225and conduct slot machine gaming at the location where the pari-
226mutuel permitholder is authorized to conduct pari-mutuel
227wagering activities pursuant to such permitholder's valid pari-
228mutuel permit or as otherwise authorized by law provided a
229majority of voters in a countywide referendum have approved the
230possession of slot machines at such facility in the respective
231county. Notwithstanding any other provision of law, it is not a
232crime for a person to participate in slot machine gaming at a
233pari-mutuel facility licensed to possess and conduct slot
234machine gaming or to participate in slot machine gaming
235described in this chapter.
236     551.103  Definitions.--As used in this chapter, unless the
237context clearly requires otherwise, the term:
238     (1)  "Board" means the State Slot Machine Gaming Board.
239     (2)  "Department" means the Department of Business and
240Professional Regulation.
241     (3)  "Designated slot machine gaming area" means the area
242of a facility of a slot machine licensee in which slot machine
243gaming may be conducted in accordance with the provisions of
244this chapter.
245     (4)  "Division" means the Division of Slot Machines of the
246Department of Business and Professional Regulation.
247     (5)  "Slot machine" means a gaming device, whether or not
248mechanical, electronic, computerized, or other technological
249aids are used, that offers wagering on the game of bingo as
250defined in s. 849.0931, is owned by the slot machine licensee,
251and is capable of being linked to a centralized computer
252management system for regulating, managing, and auditing the
253operation, financial data, and program information, as required
254by the division.
255     (6)  "Mechanical, electronic, computerized, or other
256technological aids" means any machine or device that assists a
257player or the playing of a bingo game as defined in s. 849.0931
258and broadens participation by allowing multiple players at one
259slot machine facility to play with or against each other in a
260bingo game for a common prize or prizes. Such aids may use
261alternative displays, including, but not limited to, a
262simulation of spinning reels, to illustrate aspects of the game
263of bingo such as when a player joins the game or when prizes
264have been awarded, as long as such aid continuously and
265prominently displays the electronic bingo card so that it is
266apparent that the player is actually engaged in the play of
267bingo. Such aids shall not:
268     (a)  Determine or change the outcome of any game of bingo;
269     (b)  Be an electronic or electromechanical facsimile that
270replicates a game of bingo; or
271     (c)  Allow players to play with or against the machine or
272house for a prize.
273     (7)  "Electronic or electromechanical facsimile" means a
274game played in an electronic or electromechanical format that
275replicates a game of chance by incorporating all of the
276characteristics of the game, except when, for bingo, the
277electronic or electromechanical format broadens participation by
278allowing multiple players to play with or against each other
279rather than with or against a machine.
280     (8)  "Slot machine licensee" means a pari-mutuel
281permitholder who holds a license issued by the division pursuant
282to this chapter which authorizes such person to possess a slot
283machine within facilities specified in s. 23, Art. X of the
284State Constitution and allows slot machine gaming.
285     (9)  "Slot machine revenues" means the total of all cash
286and property received by the slot machine licensee from slot
287machine gaming operations less the amount of cash, cash
288equivalents, credits, and prizes paid to winners of slot machine
289gaming.
290     551.1071  Powers and duties.--
291     (1)  The division shall adopt, pursuant to the provisions
292of ss. 120.536 and 120.54, all rules necessary to implement,
293administer, and regulate slot machine gaming as authorized in
294this chapter. Such rules shall include:
295     (a)  Procedures for applying for a license and renewal of a
296license.
297     (b)  Establishing technical requirements in addition to the
298qualifications which shall be necessary to receive a slot
299machine license or slot machine occupational license.
300     (c)  Procedures relating to slot machine revenues,
301including verifying and accounting for such revenues, auditing,
302and collecting taxes and fees consistent with this chapter.
303     (d)  Procedures for regulating, managing, and auditing the
304operation, financial data, and program information relating to
305slot machines through a centralized computer management system.
306     (e)  Requiring each licensee at his or her own cost and
307expense to supply the division with a bond with the penal sum of
308$2 million payable to the Governor and his or her successors in
309office for the licensee's first year of slot machine operations;
310and, thereafter, the licensee shall file a bond with the penal
311sum as determined by the division pursuant to rules promulgated
312to approximate anticipated state revenues from the licensee's
313slot machine operations. Any bond shall be issued by a surety or
314sureties to be approved by the division and the Chief Financial
315Officer, conditioned to faithfully make the payments to the
316Chief Financial Officer in his or her capacity as treasurer of
317the division. The licensee shall be required to keep its books
318and records and make reports as provided in this chapter and to
319conduct its slot machine operations in conformity with this
320chapter and all other provisions of law. The division may review
321the bond for adequacy and require adjustments each fiscal year.
322Such bond shall be separate and distinct from the bond required
323in s. 550.125.
324     (f)  Requiring licensees to maintain specified records and
325submit any data, information, record, or report, including
326financial and income records, required by this chapter or
327determined by the division to be necessary to the proper
328implementation and enforcement of this chapter.
329     (g)  Requiring that the payout percentage of a slot machine
330shall be no less than 93 percent per facility.
331     (h)  For the purpose of enforcement of paragraphs (c), (d),
332(f), and (g), the division shall require every authorized slot
333machine in use at a licensed premise to be equipped with an
334electronic data collection and reporting system that is capable
335of reporting on a real-time basis to the division, or any other
336state agency so designated, the record of each play, the amount
337of money of each play, and all payouts made therefrom for the
338purposes of accurate reporting of all taxes which may be due to
339the state and for such other purposes as the division may
340designate.
341     (2)  The division shall conduct such investigations that
342the division determines necessary to fulfill its
343responsibilities under the provisions of this chapter.
344     (3)  The division shall investigate all criminal violations
345of this chapter or any other criminal violation of law occurring
346on the facilities of a slot machine licensee and such
347investigations may be conducted in conjunction with the
348appropriate state attorney and appropriate law enforcement
349agencies. The division and its employees and agents shall have
350such other law enforcement powers as specified in ss. 943.04 and
351943.10.
352     (4)  The division shall have unrestricted access to the
353slot machine licensee facility at all times and shall require of
354each slot machine licensee strict compliance with the laws of
355this state relating to the transaction of such business. The
356division:
357     (a)  May inspect and examine premises where slot machines
358are offered for play.
359     (b)  May inspect slot machines and related equipment and
360supplies.
361     (c)  May collect taxes, assessments, fees, and penalties.
362     (d)  May deny, revoke, suspend, or place conditions on the
363license of a person who violates any provision of this chapter
364or rule adopted pursuant thereto.
365     (5)  The division shall revoke or suspend the license of
366any person who is no longer qualified or who is found, after
367receiving a license, to have been unqualified at the time of
368application for the license.
369     551.1073  License to conduct slot machine gaming.--
370     (1)  Upon application and a finding by the division after
371investigation that the application is complete and the applicant
372is qualified, and payment of the initial license fee the
373division shall issue a license to conduct slot machine gaming in
374the designated slot machine gaming area of the slot machine
375licensee's facility. Once licensed, slot machine gaming may be
376conducted subject to the requirements of this chapter and rules
377adopted pursuant thereto.
378     (2)  An application may be approved by the division only
379after the voters of the county where the applicant's facility is
380located have authorized by referendum slot machines within pari-
381mutuel facilities in that county as specified in s. 23, Art. X
382of the State Constitution and upon a showing of proof that the
383authority to conduct slot machine gaming has not been rescinded
384as a consequence of a subsequent constitutional amendment or
385referendum.
386     (3)  A slot machine license may only be issued to a
387licensed pari-mutuel permitholder and slot machine gaming may
388only be conducted at the same facility at which the permitholder
389is authorized under its valid pari-mutuel wagering permit to
390conduct pari-mutuel wagering activities.
391     (4)  As a condition of licensure and to maintain continued
392authority for the conduct of slot machine gaming the slot
393machine licensee shall:
394     (a)  Continue to be in compliance with this chapter.
395     (b)  Continue to be in compliance with chapter 550, where
396applicable, and maintain the pari-mutuel permit and license in
397good standing pursuant to the provisions of chapter 550.
398     (c)  Conduct no fewer than the greater number of live races
399or games that were conducted at that pari-mutuel facility in
400calendar year 2002 or calendar year 2003.
401     (d)  Upon approval of any changes relating to the pari-
402mutuel permit by the Division of Pari-mutuel Wagering in the
403Department of Business and Professional Regulation, be
404responsible for providing appropriate current and accurate
405documentation on a timely basis to the division in order to
406continue the slot machine license in good standing.
407     (e)  Allow unrestricted access and right of inspection by
408the division to facilities of a slot machine licensee in which
409any activity relative to the conduct of slot machine gaming is
410conducted.
411     (f)  Submit to the division an organizational and
412operational plan in a form and manner prescribed by the division
413for the establishment and operations of its slot machine gaming
414activities in this state, which proposed plan shall be submitted
415by the division prior to the approval or denial of a slot
416machine license to the Governor, the President of the Senate,
417and the Speaker of the House of Representatives.
418     (g)  Submit a security plan, including a slot machine floor
419plan, location of security cameras, and the listing of security
420equipment which shall be capable of observing and electronically
421recording activities being conducted in the designated slot
422machine gaming area.
423     (5)  A slot machine license shall not be transferable.
424     (6)  A slot machine licensee may make available for play up
425to 3,000 slot machines within its designated slot machine gaming
426areas.
427     551.1077  Slot machine license renewal.--
428     (1)  Slot machine licenses shall be renewed annually. The
429application for renewal shall contain all revisions to the
430information submitted in the prior year's application that are
431necessary to maintain such information as both accurate and
432current.
433     (2)  The applicant for renewal shall attest that any
434information changes do not affect the applicant's qualifications
435for license renewal.
436     (3)  The applicant shall submit information required by ss.
437551.30(7), (8), and (9) and be in compliance with rules adopted
438by the division.
439     (4)  Upon determination by the division that the
440application for renewal is complete and qualifications have been
441met, including payment of the renewal fee, the slot machine
442license shall be renewed annually.
443     551.1079  License fee; machine tax; tax rate.--
444     (1)  LICENSE FEE.--
445     (a)  Upon approval of the application for a slot machine
446license, the licensee must pay to the division an initial
447license fee of $2.5 million. The license fee shall be paid
448annually upon renewal of the slot machine license and shall be
449deposited into the Slot Machine Administrative Trust Fund in the
450Department of Business and Professional Regulation for the
451regulation of slot machine gaming under this chapter.
452     (b)  Prior to January 1, 2006, the division shall evaluate
453the license fee and, in consultation with the board, shall make
454recommendations to the President of the Senate and the Speaker
455of the House of Representatives. The recommendations shall focus
456on the optimum level of slot machine license fees or a
457combination of fees in order to properly support the slot
458machine regulatory program by the imposition of an annual slot
459machine license fee.     (2)  LOCAL EDUCATION SUPPLEMENTAL SLOT
460MACHINE TAX.--
461     (a)  On January 1 of each year, an annual tax of $1,500 per
462machine shall be imposed upon each slot machine approved for use
463at any slot machine licensee's facility. The slot machine
464licensee shall, on or before March 1 of each year, pay the total
465amount of such tax to the division. The division shall deposit
466any tax imposed pursuant to this subsection in the Educational
467Enhancement Trust Fund on or before July 1 of each year. The
468Department of Education shall, on or before August 1 of each
469year, forward to the school district where a slot machine
470licensee is located any tax revenues collected from such slot
471machine licensee pursuant to this subsection. The school
472district shall use such revenues to pay additional:
473     1.  Supplemental public education instruction expenses;
474     2.  Classroom and school facilities construction expenses;
475     3.  School safety expenses; or
476     4.  Educational infrastructure expenses.
477
478All expenses under this paragraph must have been incurred as a
479direct result of the slot machine licensee's operation of slot
480machines in the school district during the immediately preceding
481school year.
482     (b)  On or before June 30 of each year following a school
483district's receipt of tax revenues, the Department of Education
484shall conduct an independent audit for purposes of confirming
485the amount of any additional expenses to the school district
486that are directly attributable to such district as a direct
487result of the slot machine licensee's operations of slot
488machines in the school district during the immediately preceding
489school year. The amount of the tax revenues received from a slot
490machine licensee pursuant to this section in excess of the
491amount of any such additional direct expenses, as determined by
492the Department of Education audit, shall be returned to the slot
493machine licensee within 90 days after the audit becomes final.
494     (3)  TAX ON REVENUES.--
495     (a)  The tax rate shall be a percent of the slot machine
496revenues based on the number of machines authorized by the
497division to be operated by the slot machine licensee.
498     1.  A tax of 35 percent of slot machine revenues shall
499apply when up to and including 1,000 slot machines have been
500approved.
501     2.  A tax of 40 percent of slot machine revenues shall
502apply when 1,001 to 2,000, inclusive, slot machines have been
503approved.
504     3.  A tax of 45 percent of slot machine revenues shall
505apply when 2,001 to 3,000, inclusive, slot machines have been
506approved.
507     (b)  All such tax revenue shall be deposited unallocated
508into the Educational Enhancement Trust Fund in the Department of
509Education.
510     (4)  PAYMENT PROCEDURES.--Tax payments shall be remitted
511daily, as determined by rule of the division. The slot machine
512licensee shall file a report under oath by the 5th day of each
513calendar month for all taxes remitted during the preceding
514calendar month that shall show all slot machine activities for
515the preceding calendar month and such other information as may
516be required by the division.
517     (5)  FAILURE TO PAY TAX; PENALTIES.--A slot machine
518licensee who fails to make tax payments as required under this
519section shall be subject to an administrative penalty of up to
520$1,000 for each day the tax payment is not remitted. All
521administrative penalties imposed and collected shall be
522deposited into the Slot Machine Administrative Trust Fund in the
523Department of Business and Professional Regulation. If any slot
524machine licensee fails to pay penalties imposed by order of the
525division under this subsection, the division may suspend,
526revoke, or fail to renew the license of the slot machine
527licensee.
528     (6)  FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR
529FAIL TO RENEW THE LICENSE.--In addition to the penalties imposed
530under subsection (5), any willful or wanton failure by a slot
531machine licensee to make payments of the tax constitutes
532sufficient grounds for the division to suspend, revoke, or fail
533to renew the license of the slot machine licensee.
534     (7)  SUBMISSION OF FUNDS.--The division may require slot
535machine licensees to remit taxes, fees, fines, and assessments
536by electronic funds transfer.
537     551.1091  Occupational license required; application;
538fee.--
539     (1)  The individuals and entities that are licensed under
540this section require heightened state scrutiny, including the
541submission by the individual licensees or persons associated
542with the entities described in this chapter of fingerprints for
543a criminal records check.
544     (2)(a)  The following licenses shall be issued to persons
545or entities with access to the designated slot machine gaming
546area or to persons who, by virtue of the position they hold,
547might be granted access to these areas or to any other person or
548entity in one of the following categories.
549     1.  General occupational licenses for general employees,
550food service, maintenance, and other similar service and support
551employees with access to the designated slot machine gaming
552area. Service and support employees with a current pari-mutuel
553occupational license issued pursuant to chapter 550 and a
554current background check are not required to submit to an
555additional background check for a slot machine occupational
556license as long as the pari-mutuel occupational license remains
557in good standing.
558     2.  Professional occupational licenses for any person,
559proprietorship, partnership, corporation, or other entity that
560is authorized by a slot machine licensee to manage, oversee, or
561otherwise control daily operations as a slot machine manager,
562floor supervisor, security personnel, or any other similar
563position of oversight of gaming operations.
564     3.  Business occupational licenses for any slot machine
565management company or slot machine business associated with slot
566machine gaming or a person who manufactures, distributes, or
567sells slot machines, slot machine paraphernalia, or other
568associated equipment to slot machine licensees or any person not
569an employee of the slot machine licensee who provides
570maintenance, repair, or upgrades or otherwise services a slot
571machine or other slot machine equipment.
572     (b)  Slot machine occupational licenses are not
573transferable.
574     (3)  A slot machine licensee shall not employ or otherwise
575allow a person to work at a slot machine facility unless such
576person holds a valid occupational license. A slot machine
577licensee shall not contract or otherwise do business with a
578business required to hold a slot machine occupational license
579unless the business holds such a license. A slot machine
580licensee shall not employ or otherwise allow a person to work in
581a supervisory or management professional level at a slot machine
582facility unless such person holds a valid occupational license.
583     (4)(a)  A person seeking a slot machine occupational
584license, or renewal thereof, shall make application on forms
585prescribed by the division and include payment of the
586appropriate application fee. Initial and renewal applications
587for slot machine occupational licenses shall contain all the
588information the division, by rule, may determine is required to
589ensure eligibility.
590     (b)  The division shall establish, by rule, a schedule for
591the annual renewal of slot machine occupational licenses.
592     (c)  Pursuant to rules adopted by the division, any person
593may apply for and, if qualified, be issued an occupational
594license valid for a period of 3 years upon payment of the full
595occupational license fee for each of the 3 years for which the
596license is issued. The occupational license shall be valid
597during its specified term at any slot machine facility where
598slot machine gaming is authorized to be conducted.
599     (d)  The slot machine occupational license fee for initial
600application and annual renewal shall be determined by rule of
601the division but shall not exceed $50 for a general or
602professional occupational license for an employee of the slot
603machine licensee or $1,000 for a business occupational license
604for nonemployees of the licensee providing goods or services to
605the slot machine licensee. License fees for general occupational
606licensees shall be paid for by the slot machine licensee.
607Failure to pay the required fee shall be grounds for
608disciplinary action by the division against the slot machine
609license but shall not be considered a violation of this chapter
610or rules of the division by the general occupational licensee or
611a prohibition against the issuance of the initial or the renewal
612of the general occupational license.
613     (5)  If the state gaming commission or other similar
614regulatory authority of another state or jurisdiction extends to
615the division reciprocal courtesy to maintain disciplinary
616control, the division may:
617     (a)  Deny an application for or revoke, suspend, or place
618conditions or restrictions on a license of a person or entity
619who has been refused a license by any other state gaming
620commission or similar authority; or
621     (b)  Deny an application for or suspend or place conditions
622on a license of any person or entity who is under suspension or
623has unpaid fines in another jurisdiction.
624     (6)(a)  The division may deny, suspend, revoke, or declare
625ineligible any occupational license if the applicant for or
626holder thereof has violated the provisions of this chapter or
627the rules of the division governing the conduct of persons
628connected with slot machine gaming. In addition, the division
629may deny, suspend, revoke, or declare ineligible any
630occupational license if the applicant for such license has been
631convicted in this state, in any other state, or under the laws
632of the United States of a capital felony, a felony, or an
633offense in any other state which would be a felony under the
634laws of this state involving arson; trafficking in, conspiracy
635to traffic in, smuggling, importing, conspiracy to smuggle or
636import, or delivery, sale, or distribution of a controlled
637substance; or a crime involving a lack of good moral character,
638or has had a slot machine gaming license revoked by this state
639or any other jurisdiction for an offense related to slot machine
640gaming.
641     (b)  The division may deny, declare ineligible, or revoke
642any occupational license if the applicant for such license or
643the licensee has been convicted of a felony or misdemeanor in
644this state, in any other state, or under the laws of the United
645States, if such felony or misdemeanor is related to gambling or
646bookmaking as contemplated in s. 849.25.
647     (7)  Fingerprints for all slot machine occupational license
648applications shall be taken in a manner approved by the division
649and shall be submitted to the Florida Department of Law
650Enforcement and the Federal Bureau of Investigation for a level
651II criminal records check upon initial application and every 5
652years thereafter. The division may by rule require an annual or
653less frequent records check not to exceed every 5 years of all
654renewal applications for a slot machine occupational license.
655The cost of processing fingerprints and conducting a records
656check shall be borne by the applicant.
657     (8)  All moneys collected pursuant to this section shall be
658deposited into the Slot Machine Administrative Trust Fund.
659     551.1111  Prohibited relationships.--
660     (1)  A person employed by or performing any function on
661behalf of the division or the board shall not:
662     (a)  Be an officer, director, owner, or employee of any
663person or entity licensed by the division.
664     (b)  Have or hold any interest, direct or indirect, in or
665engage in any commerce or business relationship with any person
666licensed by the division.
667     (2)  A manufacturer or distributor of slot machines or slot
668machine management company or other business occupational
669licensee shall not enter into any contract with a slot machine
670licensee that provides for any revenue sharing of any kind or
671nature that is, directly or indirectly, calculated on the basis
672of a percentage of slot machine revenues. Any maneuver, shift,
673or device whereby this provision is violated shall be a
674violation of this chapter and shall render any such agreement
675void.
676     (3)  A manufacturer or distributor of slot machines or any
677equipment necessary for the operation of slot machines or an
678officer, director, or employee of any such manufacturer or
679distributor shall not have any ownership or financial interest
680in a slot machine license or in any business owned by the slot
681machine licensee.
682     551.1113  Prohibited acts.--
683     (1)  Except as otherwise provided by law and in addition to
684any other penalty, any person who intentionally makes or causes
685to be made or aids, assists, or procures another to make a false
686statement in any report, disclosure, application, or any other
687document required under this chapter or any rule adopted under
688this chapter is subject to an administrative fine or civil
689penalty of up to $10,000.
690     (2)  Except as otherwise provided by law and in addition to
691any other penalty, any person who possesses a slot machine
692without the license required by this chapter or who possesses a
693slot machine at any location other than at the slot machine
694licensee facility is subject to an administrative fine or civil
695penalty of up to $10,000.
696     (3)  Except as otherwise provided by law and in addition to
697any other penalty, any person who intentionally excludes, or
698takes any action in an attempt to exclude, anything or its value
699from the deposit, counting, collection, or computation of
700revenues from slot machine activity is subject to an
701administrative fine or civil penalty of up to $25,000.
702     (4)  Any person who, with intent to manipulate the outcome,
703payoff, or operation of a slot machine by physical tampering, or
704by use of any object, instrument, or device, whether mechanical,
705electrical, magnetic, or other means, manipulates the outcome,
706payoff, or operation of a slot machine commits a felony of the
707third degree, punishable as provided in s. 775.082, s. 775.083,
708or s. 775.084.
709     (5)  All penalties imposed and collected must be deposited
710into the Slot Machine Administrative Trust Fund in the
711department.
712     551.1115  Illegal devices.--Notwithstanding any provision
713of law to the contrary, no slot machine manufactured, sold,
714distributed, possessed, or operated according to the provisions
715of this chapter shall be considered unlawful.
716     551.1119  Facilities of slot machine licensees.--
717     (1)  In addition to the power to exclude certain persons
718from any facility of a slot machine licensee in this state, the
719division may exclude any person from any facility of a slot
720machine licensee in this state for conduct that would
721constitute, if the person were a licensee, a violation of this
722chapter or the rules of the division. The division may exclude
723from any facility of a slot machine licensee any person who has
724been ejected from a facility of a slot machine licensee in this
725state or who has been excluded from any facility of a slot
726machine licensee or gaming facility in another state by the
727governmental department, agency, commission, or authority
728exercising regulatory jurisdiction over the gaming in such other
729state.
730     (2)  This section shall not be construed to abrogate the
731common law right of a slot machine licensee to exclude a patron
732absolutely in this state.
733     (3)  The division shall require the posting of signs in the
734designated slot machine gaming areas warning of the risks and
735dangers of gambling, showing the odds of winning, and informing
736patrons of the toll-free telephone number available to provide
737information and referral services regarding compulsive or
738problem gambling.
739     (4)  The division shall require slot machine licensees to
740provide in the designated slot machine gaming area facilities
741and equipment sufficient to allow the observation of and
742wagering on live, intertrack, and simulcast races and games.
743     551.121  Minors prohibited from playing slot machines.--
744     (1)  A slot machine licensee or agent or employee of a slot
745machine licensee shall not:
746     (a)  Allow a person who has not attained 18 years of age to
747play any slot machine.
748     (b)  Allow a person who has not attained 18 years of age
749access to the designated slot machine gaming area of a facility
750of a slot machine licensee.
751     (c)  Allow a person who has not attained 18 years of age to
752be employed in any position allowing or requiring access to the
753designated slot machine gaming area of a facility of a slot
754machine licensee.
755     (2)  No person licensed under this chapter, or any agent or
756employee of a licensee under this chapter, shall intentionally
757allow a person who has not attained 18 years of age to play or
758operate a slot machine or have access to the designated slot
759machine area of a facility of a slot machine licensee.
760     551.125  Credit and other devices prohibited.--
761     (1)  A slot machine licensee shall not allow any automated
762teller machine or similar device designed to provide credit or
763dispense cash to be located within the facilities of the slot
764machine licensee.
765     (2)  A slot machine licensee shall not make any loan or
766provide credit or advance cash to enable a person to play a slot
767machine.
768     (3)  A slot machine shall not be capable of accepting cash
769or other currency.
770     (4)  A slot machine shall not be designed in such a way
771through programming or otherwise to display a result that
772appears to be a near win, gives the impression that the player
773is getting close to a win, or in any way gives a false
774impression that the chance to win is improved by another play;
775however, this subsection does not apply to general promotional
776enticements such as graphic displays and sound effects that do
777not falsely imply that the chance of winning improves by
778continued play.
779     551.20  Hours of operation.--Slot machine gaming may be
780conducted 14 hours per day on Monday through Friday and may be
781conducted 24 hours per day on Saturday and Sunday.
782     551.25  Penalties.--
783     (1)  The division may revoke or suspend any license issued
784under this chapter upon the willful violation by the licensee of
785any provision of this chapter or of any rule adopted under this
786chapter. In lieu of suspending or revoking a license, the
787division may impose a civil penalty against the licensee for a
788violation of this chapter or any rule adopted by the division.
789Except as otherwise provided in this chapter, the penalty so
790imposed may not exceed $1,000 for each count or separate
791offense. All penalties imposed and collected must be deposited
792into the Slot Machine Administrative Trust Fund in the
793department.
794     (2)  The division is given full power and authority to
795revoke or suspend the license of any person holding a slot
796machine license under this chapter when it is determined or
797found by the division upon sufficient cause appearing that the
798licensee is maintaining a nuisance on the slot machine gaming
799premises that tends to annoy the community, injure the health of
800the citizens in general, or corrupt the public morals as
801described in ss. 823.01 and 823.05.
802     (3)  In addition to any criminal or civil penalty imposed
803by a court pursuant to chapter 60 for maintaining a nuisance,
804the division shall revoke the license of any slot machine
805licensee when it is determined or found by the division that a
806pattern of at least three violations constituting a nuisance
807occurred on the licensed slot machine premises within a 90-day
808period.
809     (4)  The penalties of this section shall apply to a slot
810machine licensee who has not met the reporting obligations
811between the slot machine licensee and the board.
812     551.30  State Slot Machine Gaming Board.--
813     (1)  CREATION.--
814     (a)  There is created a board known as the State Slot
815Machine Gaming Board which shall be housed within the division.
816     (b)  The board is not a unit or entity of state government.
817However, the board is subject to the provisions of s. 24, Art. I
818of the State Constitution and chapter 119, relating to public
819meetings and records and the provisions of chapter 286 relating
820to public meetings and records.
821     (c)  The principal office of the board shall be in
822Tallahassee; however, the board may establish at least one
823office in any county where slot machine gaming is authorized to
824be conducted.
825     (d)  The board shall hire or contract for all staff
826necessary for the proper execution of its powers and duties
827within the funds appropriated to implement this section and
828shall comply with the code of ethics for public officers and
829employees under part III of chapter 112. In no case may the
830board expend more than its annual appropriation for staffing and
831necessary administrative expenditures, including, but not
832limited to, travel and per diem and audit expenditures, using
833funds appropriated to implement this section. The funds
834appropriated shall be derived from a portion of the imposition
835of regulatory fees to offset the costs of regulation.
836     (e)  The division shall provide administrative support to
837the board as requested by the board. In the event of the
838dissolution of the board, the division shall be the board's
839successor in interest and shall assume all rights, duties, and
840obligations of the board.
841     (2)  PURPOSE.--The board's purpose shall be to safeguard
842the state's commitment to control gambling-related crime,
843prevent expansion of gambling, prevent gambling's negative
844impact on economic development and family-friendly tourism, and
845control the negative social and community impacts of gambling by
846ensuring that the slot machine licensee keep the promises made
847to the voters of this state and comply fully with all
848expectations, regulations, and performance measures. The board
849shall require guarantees from each slot machine licensee that
850its authorization to have slot machines does not result in any
851diminution of its prior business purpose, hold slot machine
852licensees to the highest operational standards, and hold slot
853machine licensees accountable for all negative impacts of their
854gambling business. In this manner, the board shall facilitate
855and oversee the stated goal and public purpose of providing
856financial support for public educational programs and protecting
857the health, safety, and welfare of the citizens and communities
858of this state.
859     (3)  BOARD; MEMBERSHIP.--
860     (a)  The board shall consist of nine voting members of high
861moral character, impeccable reputation, and demonstrable
862business expertise. No more than two members shall be residents
863of a county where slot machine gaming is authorized to be
864conducted. The Governor shall appoint the members of the board.
865The director of the division shall serve as an ex officio,
866nonvoting member of the board. Appointment of members of the
867board shall be confirmed by the Senate.
868     (b)  Each member of the board shall serve for a term of 4
869years, except that initially the Governor shall appoint three
870members for a term of 1 year, three members for a term of 2
871years, and three members for a term of 4 years to achieve
872staggered terms among the members of the board. A member is not
873eligible for reappointment to the board, except, however, that a
874member appointed to an initial term of 1 year or 2 years may be
875reappointed for an additional term of 4 years, and a person
876appointed to fill a vacancy with 2 years or less remaining on
877the term may be reappointed for an additional term of 4 years
878     (c)  The Governor shall fill a vacancy on the board. A
879vacancy that occurs before the scheduled expiration of the term
880of the member shall be filled for the remainder of the unexpired
881term.
882     (d)  Each member of the board who is not otherwise required
883to file financial disclosure under s. 8, Art. II of the State
884Constitution or s. 112.3144 shall file disclosure of financial
885interests under s. 112.3145.
886     (e)  A person may not be appointed to the board if he or
887she has any direct or indirect interest in any slot machine
888licensee or any aspect of the gambling industry or any
889affiliated activities. A person appointed to the board must
890agree to refrain from having any such interest during the term
891of his or her appointment and for 10 years after the termination
892of such appointment. It is a felony of the third degree,
893punishable as provided in s. 775.082 or s. 775.083, for a person
894to accept appointment to the board in violation of this
895paragraph or to accept any interest prohibited under this
896paragraph within 10 years after the termination of his or her
897service on the board.
898     (f)  Each member of the board shall serve without
899compensation, but shall receive travel and per diem expenses as
900provided in s. 112.061 while in the performance of his or her
901duties.
902     (g)  Each member of the board is accountable for the proper
903performance of the duties of office, and each member owes a
904fiduciary duty to the people of the state to ensure that all
905activities conducted in furtherance of this section. The
906Governor may remove a member for malfeasance, misfeasance,
907neglect of duty, incompetence, permanent inability to perform
908official duties, unexcused absence from three consecutive
909meetings of the board, arrest or indictment for a crime that is
910a felony or a misdemeanor involving theft or moral turpitude, a
911crime of dishonesty, or pleading nolo contendere to, or being
912found guilty of, any crime.
913     (4)  ORGANIZATION; MEETINGS.--
914     (a)1.  The board shall annually elect a chairperson and a
915vice chairperson from among the board's members. The members
916may, by a vote of five of the nine board members, remove a
917member from the position of chairperson or vice chairperson
918prior to the expiration of his or her term as chairperson or
919vice chairperson. His or her successor shall be elected to serve
920for the balance of the removed chairperson's or vice
921chairperson's term.
922     2.  The chairperson is responsible to ensure that records
923are kept of the proceedings of the board and is the custodian of
924all books, documents, and papers filed with the board, the
925minutes of meetings of the board, and the official seal of the
926board.
927     (b)1.  The board shall meet upon the call of the
928chairperson or at the request of a majority of the members, but
929no less than quarterly per calendar year.
930     2.  A majority of the voting members of the board
931constitutes a quorum. Except as otherwise provided in this
932section, the board may take official action by a majority vote
933of the members present at any meeting at which a quorum is
934present. Members may not vote by proxy.
935     3.  A member of the board may participate in a meeting of
936the board by telephone or video conference through which each
937member may hear every other member.
938     (5)  POWERS AND DUTIES.--The board:
939     (a)  Shall make a performance evaluation of each slot
940machine licensee and assume any other functions that are
941necessary to carry out the provisions of this section.
942     (b)  Shall do all things necessary to identify the
943performance of obligations of the slot machine licensee.
944     (c)  May perform all acts and things necessary or
945convenient to carry out the powers expressly granted in this
946section.
947     (d)  May make expenditures, from regulatory funds provided
948by this chapter, including any necessary administrative
949expenditures consistent with its powers.
950     (e)  May indemnify and purchase and maintain insurance on
951behalf of members of the board against any personal liability or
952accountability.
953     (f)  Shall expend funds only as authorized pursuant to the
954provisions of this section.
955     (g)  Shall receive and review reports and financial
956documentation provided by the slot machine licensee to ensure
957compliance with the provisions of this chapter.
958     (h)  Shall prepare an annual report as prescribed in
959subsection (10).
960     (6)  PERFORMANCE RULES.--The division shall adopt
961performance rules to govern activities of the slot machine
962licensee pursuant to this chapter.
963     (a)  The performance rules, at a minimum, must contain
964provisions:
965     1.  Specifying the procedures and schedules that govern the
966slot machine licensee's activities under this section and
967specifying the conditions or deliverables that the slot machine
968licensee must satisfy in order to continue conducting such
969activities.
970     2.  Requiring the slot machine licensee to submit to the
971board a business plan in a form and manner prescribed by rule.
972     3.  Prohibiting the slot machine licensee from establishing
973other gambling activities in this state.
974     4.  Governing the ownership of or security interests in
975real property and personal property, including, but not limited
976to, slot machine equipment, including:
977     a.  Requiring that the slot machine licensee must purchase
978the slot machine equipment.
979     b.  Requiring that, in the event the slot machine licensee
980ceases operations in this state, the slot machine licensee's
981slot machine equipment shall be subject to immediate
982confiscation.
983     5.  Requiring the slot machine licensee to maintain a
984policy of awarding preference in employment solely to residents
985of this state, as defined by law.
986     6.  Requiring the slot machine licensee to maintain a
987policy of making purchases from vendors in this state.
988     7.  Requiring the slot machine licensee to use the Internet
989based job-listing system of the Agency for Workforce Innovation
990in advertising employment opportunities. Further, each slot
991machine licensee in its gaming operations shall create equal
992employment opportunities which shall be implemented in a
993nondiscriminatory manner in hiring and promoting employees to
994achieve the full and fair participation of women, Asians,
995blacks, Hispanics, Native Americans, persons with disabilities,
996and other protected groups within the city where the pari-mutuel
997facility is located, and an action plan and programs shall be
998implemented by each pari-mutuel facility designed to ensure that
999the percentage of the minority population in which each pari-
1000mutuel facility is located is considered to the extent minority
1001applications are submitted in equal proportion to the number of
1002jobs open for hiring at entry level, managerial, supervisory,
1003and any other positions, unless there is a bona fide
1004occupational qualification requiring a distinct and unique
1005employment expertise which a minority applicant does not
1006possess.
1007     8.  Requiring the slot machine licensee to submit data on
1008activities and performance during each fiscal year and to
1009provide to the board an annual accounting of its revenues,
1010expenditures, and profits under this section.
1011     9.  Requiring the slot machine licensee to purchase
1012liability insurance and governing the coverage level of such
1013insurance.
1014     10.  Requiring random programming, periodic testing, and
1015payout of slot machines operated by the slot machine licensee.
1016     11.  Requiring that the slot machine licensee must provide
1017for separate accounts for any funds in furtherance of this
1018section and separate books and records relating to its slot
1019machine operation.
1020     (b)  The division shall provide a copy of the proposed
1021rules to the board and allow sufficient time for review and
1022response by the board.
1023     (c)  The division shall not renew the slot machine license
1024if the slot machine licensee has failed to operate in a manner
1025that demonstrates a commitment to ameliorate public detriment to
1026the health, safety, welfare, and morals of the citizens and the
1027community by virtue of the nature and severity of sanctions
1028imposed by the division for violations of this chapter.
1029     (7)  QUALIFICATION PERFORMANCE RULES.--The division shall
1030adopt qualification performance rules. The board shall consider
1031whether the data, measures, and information required to be
1032submitted by the slot machine licensee and contained in the
1033report required in subsection (10), when considered as a whole,
1034demonstrate that the net benefits of the slot machine licensee's
1035operations exceed the net harm of such operations.
1036     (a)  The qualification performance rules, at a minimum,
1037must contain provisions:
1038     1.  Requiring the slot machine licensee to be an equal
1039opportunity employer.
1040     2.  Requiring the slot machine licensee to hold the state
1041and local government harmless for all negative social, economic
1042development, and growth management impacts arising from its
1043gambling activities.
1044     3.  Establishing that the board shall review the activities
1045of the slot machine licensee to assess the slot machine
1046licensee's financial and operational compliance with the
1047provisions of the rules of the division and with other relevant
1048provisions of law.
1049     4.  Prohibiting conflicts of interest between the slot
1050machine licensee and any gaming equipment manufacturer.
1051     5.  Requiring slot machine licensees during the first 5
1052years of the slot machine operations to keep their promise to
1053create a net 18,000 jobs at an average annual salary of $39,000.
1054     6.  Requiring slot machine licensees to keep their
1055collective promise to provide no less than $500 million per year
1056for public educational programs.
1057     7.  Requiring the slot machine licensee to agree that no
1058funds derived from gambling proceeds may be used for the purpose
1059of lobbying any branch or agency of state government or any
1060political subdivision of the state.
1061     8.  Requiring the slot machine licensee to annually
1062demonstrate that the slot machine licensee has fully preserved
1063or enhanced the quality and quantity of its preslot machine
1064enterprise.
1065     9.  Requiring that no later than July 1, 2006, after
1066commencement of its slot machine operations, the slot machine
1067licensee shall be responsible for increased costs of social
1068services, medical emergency services, traffic impacts, and
1069business and tourism losses directly related to the slot machine
1070licensee's slot machine operations.
1071     (b)  The division shall provide a copy of the proposed
1072rules to the board and allow sufficient time for review and
1073response by the board.
1074     (8)  PERFORMANCE EXPECTATIONS; RULES.--In addition to the
1075provisions prescribed in subsections (6) and (7), the rules of
1076the division shall include a requirement that the slot machine
1077licensee report to the board on performance expectations that
1078reflect the determination of the Legislature and the Governor
1079that the benefits accruing to this state as a net result of the
1080slot machine licensee's slot machine operations exceed the net
1081harm of such operations.
1082     (a)  Performance expectations reporting shall include, but
1083is not limited to, performance expectations addressing:
1084     1.  The exact net number and dollar value of all jobs
1085created.
1086     2.  The percentage of tax proceeds and dollar value:
1087     a.  Returned to the Educational Enhancement Trust Fund for
1088educational choice initiatives; and
1089     b.  Returned to the Department of Revenue for deposit into
1090the General Revenue Fund.
1091     3.  The measures taken by the slot machine licensee to
1092prevent, control, and treat gambling addiction.
1093     4.  The measures taken by the slot machine licensee to
1094ameliorate public detriment to the health, safety, welfare, and
1095morals of the citizens and the community.
1096     5.  The adoption by the slot machine licensee of a strict
1097three-strike policy for the premises with respect to felonies,
1098moral turpitude misdemeanors, or findings by a court or the
1099division that the slot machine licensee has or is maintaining a
1100nuisance.
1101     6.  The net amount of profits, payments, earnings, and
1102expenditures retained in the state versus the amount outside the
1103state.
1104     7.  The continued operation and quality of operation of the
1105slot machine licensee's preslot machine enterprise.
1106     8.  The total net amount of revenues generated for state
1107government from all tax and fee sources related to the slot
1108machine licensee's slot machine operation.
1109     9.  The net contribution to tourism on a statewide basis,
1110considering both gains in the gambling vicinities of South
1111Florida and losses in other parts of the state.
1112     10.a.  The number and value of new or expanded businesses
1113generated in the vicinity as a result of the slot machine
1114licensee's slot machine operations and a description of each
1115such business.
1116     b.  The number and value of business losses attributable to
1117the slot machine licensee's slot machine operations and a
1118description of each such business.
1119     11.  A detailed summary from each local law enforcement
1120agency of felonies and moral turpitude misdemeanors committed in
1121the vicinity as compared with prior years.
1122     12.  A detailed summary from each social services agency in
1123the vicinity itemizing requests for social services as compared
1124with prior years.
1125     13.  A detailed summary from the clerks of court of
1126residents of the state filing for personal bankruptcy.
1127     14.  A detailed summary from the Department of Highway
1128Safety and Motor Vehicles of area traffic impacts, including
1129Interstate highway exit and entrance ramps.
1130     15.  A detailed summary from local emergency management
1131agencies of increased impact on the use of ambulances and
1132paramedics.
1133     16.  A detailed summary of all lobbying activities
1134conducted by or on behalf of the slot machine licensee,
1135including the amount and source of funds expended.
1136     (b)  The division shall provide a copy of the proposed
1137rules to the board and allow sufficient time for review and
1138response by the board.
1139     (9)  PROGRESS REPORT.--The rules adopted pursuant to
1140subsections (6), (7), and (8) shall require the slot machine
1141licensee to provide information to the board on the progress in
1142meeting the performance expectations on an annual basis.
1143     (10)  ANNUAL REPORT.--By December 1 of each year, the board
1144shall prepare a report of the activities and outcomes under this
1145section for the preceding fiscal year. The report, at a minimum,
1146must include:
1147     (a)  A description of the activities of the board and slot
1148machine licensees.
1149     (b)  An accounting of the slot machine operations-related
1150proceeds inuring to the state during the preceding fiscal year
1151from each of the slot machine licensees.
1152     (c)  An accounting of slot machine operations-related
1153expenditures by each of the slot machine licensees during the
1154fiscal year.
1155     (d)  Information on the number and salary level of jobs
1156created by each of the slot machine licensees, including the
1157number and salary level of jobs created for residents of this
1158state.
1159     (e)  Information on the amount and nature of economic
1160activity generated through the slot machine operations-related
1161activities of each of the slot machine licensees.
1162     (f)  An assessment of factors affecting the progress toward
1163achieving the promises made to the voters associated with each
1164of the slot machine licensee's slot machine operations.
1165     (g)  A compliance and financial audit of the accounts and
1166records of the board at the end of the preceding fiscal year
1167conducted by an independent certified public accountant in
1168accordance with rules of the Auditor General.
1169     (h)  A description of the status of the performance
1170expectations and the conditions for continuing slot machine
1171operations.
1172
1173The board shall submit the report to the Governor, the President
1174of the Senate, and the Speaker of the House of Representatives.
1175     (11)  PROGRAM EVALUATION.--
1176     (a)  Before January 1, 2010, the Office of Program Policy
1177Analysis and Government Accountability shall conduct a
1178performance audit of the board and the division relating to the
1179provisions of this chapter. The audit shall assess the
1180implementation and outcomes of activities under this chapter. At
1181a minimum, the audit shall address:
1182     1.  Performance of the slot machine licensees in operating
1183slot machine gaming and complying with the rules under this
1184chapter.
1185     2.  Performance of the board in overseeing operations of
1186the slot machine licensees under this chapter.
1187     3.  Compliance by the board with the provisions of this
1188section and the provisions of the rules.
1189     4.  Economic activity generated through slot machine
1190operations by the slot machine licensees.
1191     (b)  Before January 1, 2013, the Office of Program Policy
1192Analysis and Government Accountability shall update the report
1193required under this subsection. In addition to addressing the
1194items prescribed in paragraph (a), the updated report shall
1195include a recommendation on whether the Legislature should place
1196before the voters of the state a constitutional amendment
1197repealing authority for the slot machine operations by the slot
1198machine licensees based upon failure, after adequate time, to
1199keep the promises made to the voters to obtain initial approval
1200for such operations and to fulfill the net benefits exceeding
1201net losses expectations of the Governor and Legislature as
1202specified in this section.
1203     (c)  A report of each audit's findings and recommendations
1204shall be submitted to the Governor, the President of the Senate,
1205and the Speaker of the House of Representatives.
1206     551.33  Law enforcement affidavits.--
1207     (1)  The chief law enforcement officer of any county or
1208municipality where a slot machine licensee is authorized to
1209conduct slot machine gaming at a pari-mutuel facility and the
1210chief law enforcement officer of any municipality contiguous to
1211a municipality where such slot machine licensee is authorized to
1212conduct slot machine gaming shall execute at least once annually
1213an affidavit verifying, based upon information or belief,
1214whether the applicable local budgeting authority has provided
1215sufficient funding to adequately address additional law
1216enforcement responsibilities directly or indirectly resulting
1217from the slot machine gaming operations.
1218     (2)  The affidavit shall be transmitted to the board for
1219its use in making a determination whether a slot machine
1220licensee remains qualified for annual license renewal and the
1221board shall consider such affidavit in making its findings and
1222recommendations as to whether the operations of the slot machine
1223licensee are a positive contribution to the public economic and
1224social health, safety, and welfare.
1225     551.34  Local government resolutions.--
1226     (1)  The board of county commissioners and the governing
1227body of a municipality where a slot machine licensee is
1228authorized to conduct slot machine gaming and any municipality
1229contiguous to the municipality where such slot machine licensee
1230is authorized to conduct slot machine gaming must adopt a
1231resolution at least once annually that expresses, at a minimum,
1232whether slot machine gaming is being operated in a manner that
1233demonstrates a commitment to ameliorate detriment to the public
1234economic and social health, safety, and welfare of the community
1235governed by the applicable body.
1236     (2)  The governing body of any municipality that is not
1237required to adopt a resolution pursuant to subsection (1) may
1238adopt a resolution addressing slot machine gaming impacts on the
1239local community. The resolution should contain a recitation of
1240those factual circumstances which support a conclusion that the
1241operations of the slot machine licensee have a substantial
1242effect on the public economic and social health, safety, and
1243welfare of the municipality.
1244     (3)  The resolution shall be transmitted to the board. The
1245board shall accord great weight to such resolution in making its
1246findings and recommendations as to whether the operations of the
1247slot machine licensee are a positive contribution to the public
1248economic and social health, safety, and welfare.
1249     551.341  Tourist development council resolutions.--
1250     (1)  Any tourist development council, organized under the
1251provisions of part I of chapter 125, or the board of county
1252commissioners if there is no tourist development council in that
1253county, must adopt a resolution at least once annually that
1254expresses, at a minimum, whether slot machine gaming is being
1255operated in a manner that demonstrates a commitment to the
1256growth and expansion of tourism in this state and a commitment
1257to ameliorate detriment to communities that are current tourist
1258destinations but do not have slot machine gaming being conducted
1259at pari-mutuel facilities within their jurisdiction.
1260     (2)  The resolution should contain a recitation of those
1261factual circumstances which support a conclusion that the
1262operations of slot machine licensees have a substantial positive
1263or negative effect on the expansion and growth of tourism within
1264their jurisdiction. Tourism impacts shall be supported, as a
1265part of the resolution, by statistical data and other practical
1266collateral impacts and evidence on local tourism activity.
1267     (3)  The resolution shall be transmitted to the board. The
1268board shall accord great weight to such resolution in making its
1269findings and recommendations as to whether the operations of the
1270slot machine licensee are a positive contribution to the public
1271economic and social health, safety, and welfare.
1272     551.35  Referenda.--
1273     (1)  Notwithstanding any other provision of law, each
1274municipality and county in which a slot machine facility is
1275located and each adjacent municipality and county may call a
1276referendum to give the voters an opportunity to declare the slot
1277machine operation an undue burden on the community, and shall
1278call such referendum upon:
1279     (a)  Petition signed by the lesser of 1,000 electors or 5
1280percent of the electors residing within the municipality; or
1281     (b)  Petition signed by the lesser of 5,000 electors or 10
1282percent of the electors residing within the county.
1283     (2)  When a referendum is called as a result of a
1284sufficient number of petitions having been signed by the
1285electors of a county or municipality, the county supervisor of
1286elections shall conduct such referendum on the day of any state,
1287county, or municipal primary or general election or on the day
1288of any election of such county or municipality that is being
1289held for any purpose other than for the purpose of declaring
1290whether the operation of slot machines is an undue burden. The
1291question on the ballot shall be:
1292SHOULD THE OPERATION OF SLOT MACHINES IN [OR ADJACENT TO
1293THIS [COUNTY] [MUNICIPALITY] BE DECLARED AN UNDUE BURDEN?
1294     (3)  The results shall be immediately certified to the
1295board which shall accord great weight to such results in making
1296its findings and recommendations as to whether the operations of
1297the slot machine licensee are a positive contribution to the
1298public economic and social health, safety, and welfare. Once the
1299question on the ballot has been placed before the electors of a
1300county or municipality, the question shall not be presented in
1301another referendum in that county for at least 2 years.
1302     551.40  Compulsive gambling program.--The Mental Health
1303Program Office within the Department of Children and Family
1304Services in conjunction with the Department of Education shall
1305establish a program for public education, awareness, and
1306training regarding problem and compulsive gambling and the
1307treatment and prevention of problem and compulsive gambling. The
1308program shall include:
1309     (1)  Maintenance of a compulsive gambling advocacy
1310organization's toll free, problem-gambling telephone number to
1311provide crisis counseling and referral services to families
1312experiencing difficulty as a result of problem or compulsive
1313gambling.
1314     (2)  The promotion of public awareness regarding the
1315recognition and prevention of problem or compulsive gambling.
1316     (3)  Facilitation, through in-service training and other
1317means, of the availability of effective assistance programs for
1318problem and compulsive gamblers and family members affected by
1319problem or compulsive gambling.
1320     (4)  Studies to identify adults and juveniles in this state
1321who are, or are at risk of becoming, problem or compulsive
1322gamblers.
1323     Section 4.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.