HB 1901

1	A bill to be entitled
2	An act relating to pari-mutuel wagering; creating the Keep
3	the Promise Act of 2005 to implement s. 23, Art. X of the
4	State Constitution; providing for administration and
5	regulation by the Division of Slot Machines of the
6	Department of Business and Professional Regulation;
7	amending s. 20.165, F.S.; establishing a Division of Slot
8	Machines in the Department of Business and Professional
9	Regulation; amending s. 550.5251, F.S.; revising licensing
10	and permit requirements relating to required operating
11	days for certain thoroughbred racing permitholders;
12	revising timeframe for application of certain
13	requirements; deleting requirement that certain
14	thoroughbred permitholders operate the full number of
15	days; providing for validity of certain permits; creating
16	chapter 551, F.S.; implementing s. 23, Art. X of the State
17	Constitution; authorizing slot machines and slot machine
18	gaming within certain pari-mutuel facilities located in
19	Miami-Dade and Broward Counties upon approval by local
20	referendum; providing for administration and regulation by
21	the Division of Slot Machines of the Department of
22	Business and Professional Regulation; providing
23	definitions; providing legislative intent; providing
24	powers and duties of the division; providing for
25	construction of such provisions; directing the division to
26	adopt rules necessary to implement, administer, and
27	regulate slot machine gaming; requiring such rules to
28	include application procedures, certain technical
29	requirements, procedures relating to revenue, certain
30	regulation and management and auditing procedures, certain
31	bond requirements, and requirements for record
32	maintenance, and payouts; providing for investigations by
33	the division, the Department of Law Enforcement, and local
34	law enforcement; providing for the investigation of
35	violations in conjunction with other agencies; providing
36	specified law enforcement powers to the division;
37	providing for access to slot machine licensee facilities
38	by the division, the Department of Law Enforcement, or
39	local law enforcement; authorizing the division, the
40	Department of Law Enforcement, or local law enforcement to
41	make certain inspections and examinations; authorizing the
42	division to collect certain monies and deny, revoke,
43	suspend, or place conditions on the license under certain
44	circumstances; providing for suspension or revocation of
45	the license of an unqualified applicant or licensee;
46	authorizing the division to adopt emergency rules for the
47	regulation of slot machine gaming; providing for licensure
48	to conduct slot machine gaming; prohibiting the division
49	from accepting applications or issuing slot machine
50	licenses prior to adoption of rules; providing for
51	application for licensure; providing conditions for
52	conducting slot machine gaming; providing requirements for
53	receiving and maintaining a license which include
54	compliance with slot machine regulations and regulations
55	relating to pari-mutuel wagering, maintaining the pari-
56	mutuel permit and license, conducting a certain number of
57	live races or games, allowing access by the division, and
58	submission of security plans; requiring prior approval by
59	the division of certain changes in ownership of slot
60	machine licenses; requiring notice to the division of
61	certain changes in ownership; requiring permitholders to
62	submit certain information and certification relating to
63	games to the division and the Department of Law
64	Enforcement; requiring review and approval of games by
65	division; requiring a slot machine licensee to submit
66	internal control procedures to the division for review and
67	approval; authorizing the amendment of a pari-mutuel
68	license within a specified time; providing for a reduction
69	in the required number of live races or games under
70	certain circumstances; prohibiting transfer of a license;
71	providing a limit on the number of slot machines at a
72	facility; requiring slot machine licensees to maintain
73	certain reports for submission to the division; providing
74	for an audit by an independent certified public accountant
75	of the receipt and distribution of slot machine revenues;
76	providing for annual renewal of the license; providing for
77	a renewal application and procedures for approval;
78	requiring corporate slot machine licensees to apply for
79	and be issued a certificate of status; specifying the
80	payment of state and local taxes as a condition for a slot
81	machine license; requiring certification by the Department
82	of Revenue of the payment of certain state and local taxes
83	by a slot machine licensee; directing the division to
84	revoke, suspend, or refuse to renew the license for
85	failure to pay such taxes; requiring the slot machine
86	licensee pay to the division an initial and annual license
87	fee; providing for deposit of the fee into the Slot
88	Machine Administrative Trust Fund for certain purposes;
89	requiring the division to evaluate the license fee and
90	make recommendations to the Legislature; providing for a
91	tax on slot machine revenues to be deposited into the
92	Educational Enhancement Trust Fund; requiring that slot
93	machine taxes shall be used to supplement and not supplant
94	public education dollars; requiring tax proceeds be first
95	used to fund a grant program for laptop computers for
96	certain students; directing the State Board of Education
97	to adopt rules to implement such program; providing
98	payment procedures; providing penalties for failure to
99	make payments; providing for submission of funds by
100	electronic funds transfer; providing for general,
101	professional, and business occupational licenses;
102	prohibiting transfer of such licenses; prohibiting a slot
103	machine licensee from employing or doing business with
104	persons or businesses unless such person or business is
105	properly licensed; requiring occupational licensees to
106	display identification cards under certain circumstances;
107	providing for application forms, fees, and procedures;
108	authorizing the division to adopt rules relating to
109	applications, licensure, and renewal of licensure and fees
110	therefor; requiring slot machine licensee to pay licensure
111	fees of general occupational licensees; providing for
112	reciprocal disciplinary actions with other jurisdictions;
113	providing for disciplinary actions against a licensee for
114	certain violations of regulations or laws; requiring
115	fingerprints and criminal records checks of applicants or
116	licensees; requiring certain costs of the records check be
117	borne by the applicant or licensee; requiring licensees to
118	provide equipment for electronic submission of
119	fingerprints; authorizing the retention of fingerprints
120	for the purposes of entering fingerprints into the
121	statewide automated fingerprint identification system by a
122	certain date; requiring licensees to inform the division
123	of conviction of disqualifying criminal offenses;
124	requiring certain racetracks and frontons to pay an annual
125	fee; authorizing the Department of Law Enforcement to
126	adopt rules relating to fingerprinting costs and
127	procedures; requiring periodic additional criminal history
128	checks for purposes of screening following issuance of a
129	license; providing for distribution of funds into the Slot
130	Machine Administrative Trust Fund; prohibiting certain
131	relationships between employees of the division or board
132	and licensees of the division; prohibiting division
133	employees and occupational licensees and certain of their
134	relatives from wagering on slot machines at certain
135	facilities; prohibiting contracts that provide for revenue
136	sharing between a manufacturer or distributor and slot
137	machine licensees; prohibiting ownership or financial
138	interests in slot machine licensees by certain
139	manufacturers or distributors; prohibiting licensees or
140	any entity conducting business on or within a licensed
141	slot operation from employing employees of certain law
142	enforcement or regulatory agencies; prohibiting certain
143	false statements, exclusion of revenue for certain
144	purposes, cheating, and theft of proceeds; providing
145	penalties; providing for arrest and recovery; limiting
146	liability for arrest and detention; providing penalties
147	for resisting recovery efforts; authorizing manufacture,
148	sale, distribution, possession, and operation of slot
149	machines under certain circumstances; authorizing the
150	division to exclude any person from licensed facilities
151	under certain circumstances; directing the division to
152	require certain signage in designated gaming areas and
153	require certain equipment or facilities relating to races
154	or games within the gaming area; requiring permitholder to
155	provide office space; prohibiting a licensee and employees
156	and agents of the licensee from allowing a person under a
157	certain age to operate slot machines or to have access to
158	the gaming area; prohibiting complimentary alcoholic
159	beverages, loans or credit, acceptance or cashing of
160	third-party checks, and automatic teller machines;
161	authorizing the suspension of play of slot machines by the
162	division or the Department of Law Enforcement for
163	suspicion of tampering or manipulation; limiting linkage
164	of operating systems; prohibiting certain player
165	enticements; providing for the hours of operation of slot
166	machines; providing that the slot machine licensee is
167	eligible for a caterer license under specified provisions;
168	requiring the slot machine licensee maintain certain
169	purchasing and hiring policies, use a certain job listing
170	service provided by the Agency for Workforce Innovation,
171	and implement certain equal employment opportunities;
172	providing penalties for certain violations by a licensee;
173	providing for deposit of fines collected; creating the
174	State Slot Machine Gaming Board within the division;
175	providing that the board is not a state entity; providing
176	for public meetings and records of the board; providing
177	for offices and personnel of the board; requiring the
178	board comply with specified ethics provisions; providing
179	for expenditures of state funds derived from regulatory
180	fees; requiring the division provide administrative
181	support for the board; providing purpose of the board;
182	providing for membership of the board; providing for
183	appointment and confirmation and terms of members;
184	requiring financial disclosure; prohibiting interests in
185	any slot machine licensee or the gambling industry;
186	providing that members are state officers for specified
187	purposes; authorizing per diem and travel expenses;
188	providing for removal of members; providing for
189	organization and meetings of the board; providing powers
190	and duties of the board; authorizing the board to receive
191	certain information and testimony; providing for
192	evaluations, recommendations, and reports; directing the
193	division to provide the board with certain proposed rules
194	for review and response; requiring the board to prepare an
195	annual report to be submitted to the Governor and
196	Legislature; providing for content of the report;
197	directing the Office of Program Policy Analysis and
198	Government Accountability to conduct an annual performance
199	audit of the board, the division, and slot machine
200	licensees; providing for content of the audit; directing
201	that office to submit the audit's findings and
202	recommendations to the Governor and the Legislature;
203	requiring the chief law enforcement officer of certain
204	counties and municipalities to annually execute and
205	transmit to the board an affidavit relating to certain
206	funding; requiring the governing body of certain counties
207	and municipalities and tourist development councils to
208	annually adopt and transmit to the board a resolution
209	relating to the operations of slot machine gaming;
210	authorizing other governing bodies to transmit such a
211	resolution to the board; authorizing the division to
212	contract for a compulsive gambling treatment and
213	prevention program; amending s. 849.15, F.S.; providing
214	for transportation of certain gaming devices in accordance
215	with federal law; amending s. 895.02, F.S.; providing that
216	specified violations related to slot machine gaming
217	constitute racketeering activity; providing that certain
218	debt incurred in violation of specified provisions
219	relating to slot machine gaming constitutes unlawful debt;
220	preempting slot machine regulation to the state; providing
221	for referenda deauthorizing slot machine operations as an
222	undue burden; authorizing referenda declaring slot machine
223	operations an undue burden; requiring a petition for a
224	referendum; providing for ratification of tribal-state
225	compacts by the Legislature; directing the Department of
226	Transportation to conduct a study on the access roads to
227	pari-mutuel facilities and Indian reservation lands where
228	gaming activities occur; providing for content of the
229	study; requiring a report to the Governor and the
230	Legislature; providing appropriations for the Department
231	of Business and Professional Regulation, the Department of
232	Law Enforcement, and the Office of the State Attorney to
233	carry out the provisions of the act; providing an
234	effective date.
235
236	Be It Enacted by the Legislature of the State of Florida:
237
238	Section 1.  This act may be cited as the "Keep The Promise
239	Act of 2005."
240	Section 2.  Subsection (2) of section 20.165, Florida
241	Statutes, is amended to read:
242	20.165  Department of Business and Professional
243	Regulation.--There is created a Department of Business and
244	Professional Regulation.
245	(2)  The following divisions of the Department of Business
246	and Professional Regulation are established:
247	(a)  Division of Administration.
248	(b)  Division of Alcoholic Beverages and Tobacco.
249	(c)  Division of Certified Public Accounting.
250	1.  The director of the division shall be appointed by the
251	secretary of the department, subject to approval by a majority
252	of the Board of Accountancy.
253	2.  The offices of the division shall be located in
254	Gainesville.
255	(d)  Division of Florida Land Sales, Condominiums, and
256	Mobile Homes.
257	(e)  Division of Hotels and Restaurants.
258	(f)  Division of Pari-mutuel Wagering.
259	(g)  Division of Professions.
260	(h)  Division of Real Estate.
261	1.  The director of the division shall be appointed by the
262	secretary of the department, subject to approval by a majority
263	of the Florida Real Estate Commission.
264	2.  The offices of the division shall be located in
265	Orlando.
266	(i)  Division of Regulation.
267	(j)  Division of Slot Machines.
268	(k)  Division of Technology, Licensure, and Testing.
269	Section 3.  Subsections (1), (2), and (3) of section
270	550.5251, Florida Statutes, are amended to read:
271	550.5251  Florida thoroughbred racing; certain permits;
272	operating days.--
273	(1)  Each thoroughbred permitholder under whose permit
274	thoroughbred racing was conducted in this state at any time
275	between January 1, 1987, and January 1, 2005 1988, shall
276	annually be entitled to apply for and annually receive
277	thoroughbred racing days and dates as set forth in this section.
278	As regards such permitholders, the annual thoroughbred racing
279	season shall be from June 1 of any year through May 31 of the
280	following year and shall be known as the "Florida Thoroughbred
281	Racing Season."
282	(2)  Each permitholder referred to in subsection (1) shall
283	annually, during the period commencing December 15 of each year
284	and ending January 4 of the following year, file in writing with
285	the division its application to conduct one or more thoroughbred
286	racing meetings during the thoroughbred racing season commencing
287	on the following June 1. Each application shall specify the
288	number and dates of all performances that the permitholder
289	intends to conduct during that thoroughbred racing season. On or
290	before February 15 of each year, the division shall issue a
291	license authorizing each permitholder to conduct performances on
292	the dates specified in its application. Up to March 31 of each
293	year, each permitholder may request and shall be granted changes
294	in its authorized performances; but thereafter, as a condition
295	precedent to the validity of its license and its right to retain
296	its permit, each permitholder must operate the full number of
297	days authorized on each of the dates set forth in its license.
298	(3)  Each thoroughbred permit referred to in subsection
299	(1), including, but not limited to, any permit originally issued
300	as a summer thoroughbred horse racing permit, is hereby
301	validated and shall continue in full force and effect,
302	irrespective of any action that the division may take or may
303	have heretofore taken against the permit.
304	Section 4.  Chapter 551, Florida Statutes, consisting of
305	sections 551.101, 551.103, 551.105, 551.107, 551.1073, 551.1075
306	551.108, 551.1091, 551.1111, 551.1113, 551.1115, 551.1119,
307	551.121, 551.125, 551.20, 551.202, 551.204, 551.25, 551.30,
308	551.33, 551.34, 551.341, and 551.40, is created to read:
309	CHAPTER 551
310	SLOT MACHINES
311	551.101  Slot machine gaming authorized.--Any existing,
312	licensed pari-mutuel facility located in Miami-Dade County or
313	Broward County at the time of adoption of s. 23, Art. X of the
314	State Constitution that has conducted live racing or games
315	during calendar years 2002 and 2003 may possess slot machines
316	and conduct slot machine gaming at the location where the pari-
317	mutuel permitholder is authorized to conduct pari-mutuel
318	wagering activities pursuant to such permitholder's valid pari-
319	mutuel permit or as otherwise authorized by law provided a
320	majority of voters in a countywide referendum have approved the
321	possession of slot machines at such facility in the respective
322	county. Notwithstanding any other provision of law, it is not a
323	crime for a person to participate in slot machine gaming at a
324	pari-mutuel facility licensed to possess slot machines and
325	conduct slot machine gaming.
326	551.103  Definitions.--As used in this chapter, unless the
327	context clearly requires otherwise, the term:
328	(1)  "Board" means the State Slot Machine Gaming Board.
329	(2)  "Department" means the Department of Business and
330	Professional Regulation.
331	(3)  "Designated slot machine gaming area" means the area
332	of a facility of a slot machine licensee in which slot machine
333	gaming may be conducted in accordance with the provisions of
334	this chapter.
335	(4)  "Division" means the Division of Slot Machines of the
336	Department of Business and Professional Regulation.
337	(5)  "Electronic or electromechanical facsimile" means a
338	game played in an electronic or electromechanical format that
339	replicates a game of chance by incorporating all of the
340	characteristics of the game, except when, for bingo, the
341	electronic or electromechanical format broadens participation by
342	allowing multiple players to play with or against each other
343	rather than with or against a machine.
344	(6)  "Mechanical, electronic, computerized, or other
345	technological aids" means any machine or device that assists a
346	player or the playing of a bingo game as defined in s. 849.0931
347	and broadens participation by allowing multiple players at one
348	slot machine facility to play with or against each other in a
349	bingo game for a common prize or prizes. Such aids may use
350	alternative displays, including, but not limited to, a
351	simulation of spinning reels, to illustrate aspects of the game
352	of bingo such as when a player joins the game or when prizes
353	have been awarded, as long as such aid continuously and
354	prominently displays the electronic bingo card so that it is
355	apparent that the player is actually engaged in the play of
356	bingo. Such aids shall not:
357	(a)  Determine or change the outcome of any game of bingo;
358	(b)  Be an electronic or electromechanical facsimile that
359	replicates a game of bingo; or
360	(c)  Allow players to play with or against the machine or
361	house for a prize.
362	(7)  "Slot machine" means a mechanical, electronic,
363	computerized gaming device that is a technological aid to the
364	playing of the game of bingo and that offers wagering on the
365	game of bingo as defined in s. 849.0931, is owned by the slot
366	machine licensee, and is capable of being linked to a
367	centralized computer management system for regulating, managing,
368	and auditing the operation, financial data, and program
369	information, as required by the division. A slot machine may be
370	activated by insertion of a coin, bill, ticket, token, or
371	similar object or upon payment of any consideration whatsoever,
372	including the use of any electronic payment system except a
373	credit card or debit card and may entitle the person playing or
374	operating the machine to receive or may deliver to the person
375	cash, billets, tickets, tokens, or electronic credits to be
376	exchanged for cash. A slot machine is not a "coin-operated
377	amusement machine" as defined in s. 212.02(24), and slot
378	machines are not subject to the tax imposed by s. 212.05(1)(h).
379	It is the intent of the Legislature to authorize only those
380	mechanical, computerized, electronic or other technological aids
381	that a federal agency or a court in a final, nonappealable order
382	has concluded expressly meet the definition of a mechanical,
383	computerized, electronic, or other technological aid to Class II
384	gaming pursuant to 25 U.S.C. 2703, the Indian Gaming Regulatory
385	Act. The Legislature does not intend to authorize any other
386	gaming device.
387	(8)  "Slot machine licensee" means a pari-mutuel
388	permitholder who holds a license issued by the division pursuant
389	to this chapter which authorizes such person to possess a slot
390	machine within facilities specified in s. 23, Art. X of the
391	State Constitution and allows slot machine gaming.
392	(9)  "Slot machine revenues" means the total of all cash
393	and property received by the slot machine licensee from slot
394	machine gaming operations less the amount of cash, cash
395	equivalents, credits, and prizes paid to winners of slot machine
396	gaming.
397	551.105  Division of Slot Machines; powers and duties.--
398	(1)  The division shall adopt, pursuant to the provisions
399	of ss. 120.536 and 120.54, all rules necessary to implement,
400	administer, and regulate slot machine gaming as authorized in
401	this chapter. Such rules shall include:
402	(a)  Procedures for applying for a license and renewal of a
403	license.
404	(b)  Establishing technical requirements in addition to the
405	qualifications which shall be necessary to receive a slot
406	machine license or slot machine occupational license.
407	(c)  Procedures relating to slot machine revenues,
408	including verifying and accounting for such revenues, auditing,
409	and collecting taxes and fees consistent with this chapter.
410	(d)  Procedures for regulating, managing, and auditing the
411	operation, financial data, and program information relating to
412	slot machines through a centralized computer system that shall
413	allow the division and the Florida Department of Law Enforcement
414	to audit the operation, financial data, and program information
415	of a slot machine licensee, as required by the division or the
416	Florida Department of Law Enforcement and shall provide the
417	division and the Florida Department of Law Enforcement with the
418	ability to monitor on a real-time basis at any time wagering
419	patterns, payouts, tax collection, and compliance with any rules
420	adopted by the division for the regulation and control of slot
421	machines operated under this section. Such continuous and
422	complete access on a real-time basis at any time shall include
423	the ability to immediately suspend slot machine operations if
424	monitoring of the computer operating system indicates possible
425	tampering or manipulation of slot machines or of the computer
426	operating system itself.
427	(e)  Requiring each licensee at his or her own cost and
428	expense to supply the division with a bond with the penal sum of
429	$2 million payable to the Governor and his or her successors in
430	office for the licensee's first year of slot machine operations;
431	and, thereafter, the licensee shall file a bond with the penal
432	sum as determined by the division pursuant to rules promulgated
433	to approximate anticipated state revenues from the licensee's
434	slot machine operations, but in no case shall the bond be less
435	than $2 million. Any bond shall be issued by a surety or
436	sureties to be approved by the division and the Chief Financial
437	Officer, conditioned to faithfully make the payments to the
438	Chief Financial Officer in his or her capacity as treasurer of
439	the division. The licensee shall be required to keep its books
440	and records and make reports as provided in this chapter and to
441	conduct its slot machine operations in conformity with this
442	chapter and all other provisions of law. The division may review
443	the bond for adequacy and require adjustments each fiscal year.
444	Such bond shall be separate and distinct from the bond required
445	in s. 550.125.
446	(f)  Requiring licensees to maintain specified records and
447	submit any data, information, record, or report, including
448	financial and income records, required by this chapter or
449	determined by the division to be necessary to the proper
450	implementation and enforcement of this chapter.
451	(g)  Requiring that the payout percentage of a slot machine
452	shall be no less than 85 percent or more than 93 percent per
453	facility.
454	(2)  The division shall conduct such investigations that
455	the division determines necessary to fulfill its
456	responsibilities under the provisions of this chapter.
457	(3)  The division, the Department of Law Enforcement, and
458	local law enforcement agencies shall have concurrent
459	jurisdiction to investigate criminal violations of this chapter
460	and may investigate any other criminal violation of law
461	occurring on the facilities of a slot machine licensee, and such
462	investigations may be conducted in conjunction with the
463	appropriate state attorney. The division and its employees and
464	agents shall have such other law enforcement powers as specified
465	in ss. 943.04 and 943.10.
466	(4)(a)  The division, the Department of Law Enforcement,
467	and local law enforcement agencies shall have unrestricted
468	access to the slot machine licensee facility at all times and
469	shall require of each slot machine licensee strict compliance
470	with the laws of this state relating to the transaction of such
471	business. The division, the Department of Law Enforcement, and
472	local law enforcement agencies:
473	1.  May inspect and examine premises where slot machines
474	are offered for play.
475	2.  May inspect slot machines and related equipment and
476	supplies.
477	(b)  In addition, the division:
478	1.  May collect taxes, assessments, fees, and penalties.
479	2.  May deny, revoke, suspend, or place conditions on the
480	license of a person who violates any provision of this chapter
481	or rule adopted pursuant thereto.
482	(5)  The division shall revoke or suspend the license of
483	any person who is no longer qualified or who is found, after
484	receiving a license, to have been unqualified at the time of
485	application for the license.
486	(6)  Nothing in this section shall be construed to:
487	(a)  Prohibit the Department of Law Enforcement or any law
488	enforcement authority whose jurisdiction includes a slot machine
489	licensee facility from conducting criminal investigations
490	occurring on the facilities of the slot machine licensee;
491	(b)  Restrict access to the slot machine licensee facility
492	by the Department of Law Enforcement or any local law
493	enforcement authority whose jurisdiction includes the slot
494	machine licensee facility; or
495	(c)  Restrict access to information and records necessary
496	to the investigation of criminal activity that is contained
497	within the slot machine licensee facility by the Department of
498	Law Enforcement or local law enforcement authorities.
499	(7)  The division may, at any time after the issuance of a
500	license pursuant to s. 551.107, adopt emergency rules pursuant
501	to s. 120.54. The Legislature finds that such emergency
502	rulemaking power is necessary for the preservation of the rights
503	and welfare of the people in order to provide additional funds
504	to benefit the public. The Legislature further finds that the
505	unique nature of legalized gambling requires, from time to time,
506	that the division respond as quickly as is practicable to
507	changes in the marketplace and changes in technology that may
508	affect legalized gambling conducted at pari-mutuel facilities in
509	this state. Therefore, in adopting such emergency rules, the
510	division need not make the findings required by s. 120.54(4)(a).
511	Emergency rules adopted to implement the provisions of this
512	chapter are exempt from s. 120.54(4)(c) and shall remain in
513	effect until replaced by other emergency rules or by rules
514	adopted under nonemergency rulemaking procedures of chapter 120.
515	551.107  License to conduct slot machine gaming.--
516	(1)  Upon application and a finding by the division after
517	investigation that the application is complete and the applicant
518	is qualified, and payment of the initial license fee the
519	division shall issue a license to conduct slot machine gaming in
520	the designated slot machine gaming area of the slot machine
521	licensee's facility. Once licensed, slot machine gaming may be
522	conducted subject to the requirements of this chapter and rules
523	adopted pursuant thereto. The division shall not be authorized
524	to accept an application or issue a license to operate slot
525	machine gaming at a pari-mutuel wagering facility until such
526	time as all rules mandated by this chapter for slot machine
527	operations have been filed for adoption with the Secretary of
528	State.
529	(2)  An application may be approved by the division only
530	after the voters of the county where the applicant's facility is
531	located have authorized by referendum slot machines within pari-
532	mutuel facilities in that county as specified in s. 23, Art. X
533	of the State Constitution.
534	(3)  A slot machine license may only be issued to a
535	licensed pari-mutuel permitholder and slot machine gaming may
536	only be conducted at the same facility at which the permitholder
537	is authorized under its valid pari-mutuel wagering permit to
538	conduct pari-mutuel wagering activities.
539	(4)  As a condition of licensure and to maintain continued
540	authority for the conduct of slot machine gaming the slot
541	machine licensee shall:
542	(a)  Continue to be in compliance with this chapter.
543	(b)  Continue to be in compliance with chapter 550, where
544	applicable, and maintain the pari-mutuel permit and license in
545	good standing pursuant to the provisions of chapter 550.
546	Notwithstanding any contrary provision of law and in order to
547	expedite the operation of slot machines at eligible facilities,
548	any eligible facility shall be entitled within 60 days after the
549	effective date of this act to amend its 2005-2006 license issued
550	by the Division of Pari-mutuel Wagering and shall be granted the
551	requested changes in its authorized performances pursuant to
552	such amendment. The Division of Pari-mutuel Wagering shall issue
553	a new license to the eligible facility to effectuate an
554	amendment.
555	(c)  Conduct not less than a full schedule of live races or
556	games as defined in s. 550.002(11). However, when a permitholder
557	fails to conduct such number of live races or games, that number
558	of live races or games shall be reduced by the number of races
559	or games which could not be conducted due to the direct result
560	of fire, war, or other disaster or event beyond the ability of
561	the permitholder to control.
562	(d)  Upon approval of any changes relating to the pari-
563	mutuel permit by the Division of Pari-mutuel Wagering in the
564	Department of Business and Professional Regulation, be
565	responsible for providing appropriate current and accurate
566	documentation on a timely basis to the division in order to
567	continue the slot machine license in good standing. Changes in
568	ownership or interest of a slot machine gaming license of 5
569	percent or more of the stock or other evidence of ownership or
570	equity in the slot machine license or any parent corporation or
571	other business entity that in any way owns or controls the slot
572	machine license shall be approved by the division prior to such
573	change, unless the owner is an existing holder of that license
574	who was previously approved by the division. Changes in
575	ownership or interest of a slot machine license of less than 5
576	percent shall be reported to the division within 20 days after
577	the change. The division may then conduct an investigation to
578	ensure that the license is properly updated to show the change
579	in ownership or interest.
580	(e)  Allow unrestricted access and right of inspection by
581	the division to facilities of a slot machine licensee in which
582	any activity relative to the conduct of slot machine gaming is
583	conducted.
584	(f)  Submit a security plan, including a slot machine floor
585	plan, location of security cameras, and the listing of security
586	equipment which shall be capable of observing and electronically
587	recording activities being conducted in the designated slot
588	machine gaming area.
589	(g)  Provide the division with a detailed operating system
590	description, including, but not limited to, any operating
591	software, access to the source codes for each game and slot
592	machine it will offer for play at its slot machine facility, and
593	certification by an independent testing laboratory that the
594	games, slot machines, and computer operating system conform to
595	the requirements of this chapter. Such descriptions shall also
596	be made available to the Department of Law Enforcement. The
597	division shall review and approve each game and machine for
598	compliance with this chapter and rules regulating games and slot
599	machines prior to approval of the game and machine. A slot
600	machine licensee shall not operate any game or machine prior to
601	its approval for use in its facility by the division.
602	(h)  Provide the division with a complete copy of internal
603	control procedures adopted by the licensee for its slot machine
604	operations. The division shall review and approve such internal
605	control procedures for compliance with rules adopted to ensure
606	patron safety, payout procedures, and security of tax revenues
607	to be paid to the state. Rules regarding requirements for the
608	internal control procedures shall include, but not be limited
609	to, audit and tax collection procedures, security procedures for
610	the collection of money for vouchers issued for slot machines,
611	and security and public safety procedures.
612	(5)  A slot machine license shall not be transferable.
613	(6)  A slot machine licensee may make available for play up
614	to 3,000 slot machines within its designated slot machine gaming
615	areas.
616	(7)  A slot machine licensee shall keep and maintain
617	permanent daily records of its slot machine operation and shall
618	maintain such records for a period of not less than 5 years.
619	These records shall include all financial transactions and
620	contain sufficient detail to determine compliance with the
621	requirements of this section. All records shall be available for
622	audit and inspection by the division, the Department of Law
623	Enforcement, or other law enforcement agencies during the
624	licensee's regular business hours. The information required in
625	such records shall be determined by division rule.
626	(8)  A slot machine licensee shall file with the division a
627	report containing the required records of such slot machine
628	operation. A slot machine licensee shall file such report
629	monthly. The required reports shall be submitted on forms
630	prescribed by the division and shall be due at the same time as
631	the monthly pari-mutuel reports are due to the Division of Pari-
632	mutuel Wagering, and the reports shall be deemed public records
633	once filed.
634	(9)  A slot machine licensee shall file with the division
635	an audit of the receipt and distribution of all slot machine
636	revenues provided by an independent certified public accountant
637	verifying compliance with all statutes and regulations imposed
638	by this chapter and the rules promulgated hereunder. The audit
639	shall include verification of compliance with all statutes and
640	regulations regarding all required records of slot machine
641	operations. Such audit shall be filed within 60 days after the
642	completion of the permitholder's pari-mutuel meet.
643	(10)  The division may share any information with the
644	Department of Law Enforcement or any other law enforcement
645	agency having jurisdiction over slot machine gaming or pari-
646	mutuel activities. Any law enforcement agency having
647	jurisdiction over slot machine gaming or pari-mutuel activities
648	may share any information obtained or developed by it with the
649	division.
650	551.1073  Slot machine license renewal.--
651	(1)  Slot machine licenses shall be renewed annually. The
652	application for renewal shall contain all revisions to the
653	information submitted in the prior year's application that are
654	necessary to maintain such information as both accurate and
655	current.
656	(2)  The applicant for renewal shall attest that any
657	information changes do not affect the applicant's qualifications
658	for license renewal.
659	(3)  The applicant shall submit information required by ss.
660	551.30 and be in compliance with rules adopted by the division.
661	(4)  Upon determination by the division that the
662	application for renewal is complete and qualifications have been
663	met, including payment of the renewal fee, the slot machine
664	license shall be renewed annually.
665	551.1075  Payment of taxes; determination and certification
666	of payment of state and local taxes.--
667	(1)  Any domestic or foreign corporation holding a slot
668	machine license must have applied for and been issued a
669	certificate of status by the Department of State evidencing
670	conclusively that the corporation is in existence and authorized
671	to do business in this state.
672	(2)  As a condition for license renewal and for
673	continuation of a license in good standing, the division may
674	determine whether the slot machine licensee has failed to pay
675	all taxes due to the division as a result of the licensee's
676	pari-mutuel and slot machine gaming operations. If the division
677	determines that the slot machine licensee is delinquent in the
678	payment of any such tax, it shall revoke, suspend, or refuse to
679	renew the license of the slot machine licensee.
680	(3)  On or before July 31 of each fiscal year, the
681	Department of Revenue shall certify to the Governor that a
682	corporation or other business entity or an individual holding a
683	slot machine license is current and in good standing in regard
684	to the payment of all state or local taxes due and payable to
685	the Department of Revenue or to an applicable local jurisdiction
686	for the prior fiscal year. If the Department of Revenue does not
687	certify that a licensee is current and in good standing, the
688	division shall revoke, suspend, or refuse to renew the license
689	of a slot machine licensee.
690	551.108  License fee; tax rate.--
691	(1)  LICENSE FEE.--
692	(a)  Upon approval of the application for a slot machine
693	license, the licensee must pay to the division a license fee of
694	$4 million. The license fee shall be paid annually upon renewal
695	of the slot machine license and shall be deposited into the Slot
696	Machine Administrative Trust Fund in the Department of Business
697	and Professional Regulation for the regulation of slot machine
698	gaming under this chapter.
699	(b)  Prior to January 1, 2006, the division shall evaluate
700	the license fee and, in consultation with the board, shall make
701	recommendations to the President of the Senate and the Speaker
702	of the House of Representatives. The recommendations shall focus
703	on the optimum level of slot machine license fees or a
704	combination of fees in order to properly support the slot
705	machine regulatory program.
706	(2)  TAX ON SLOT MACHINE REVENUES.--
707	(a)  The tax rate on slot machine revenues at each facility
708	shall be 55 percent.
709	(b)  The facility shall collect and transmit the tax to the
710	department on a daily basis for deposit into the Slot Machine
711	Administrative Trust Fund in the Department of Business and
712	Professional Regulation for immediate transfer to the
713	Educational Enhancement Trust Fund in the Department of
714	Education. Any interest earnings on the tax revenues shall also
715	be transferred to the Educational Enhancement Trust Fund.
716	(c)  Any expenditures of slot machine taxes shall be used
717	to supplement and not supplant public education dollars. Tax
718	proceeds shall be used first to fund the Laptops for Achievers
719	grant program, which shall be administered by the Department of
720	Education. All school districts are eligible to submit grant
721	applications to participate in the program, in a format to be
722	determined by the department. Each district's grant program
723	shall provide for the laptops to be made available to every
724	public school seventh grade student, including charter school
725	students, and shall require:
726	1.  Integrated use of the laptops with curriculum design,
727	instructional planning, training, and delivery, and
728	communication with parents;
729	2.  School site wiring and appropriate technology
730	infrastructure needs;
731	3.  Assignment of a laptop computer on loan to each student
732	entering seventh grade for use through grade 12;
733	4.  A contract with each student stipulating that if the
734	student earns a passing score on the grade 10 FCAT, as required
735	by ss. 1003.43(5) and 1003.429, the loaned laptop will be
736	upgraded and given to the student to keep as a reward for the
737	student's achievement.
738
739	The State Board of Education shall adopt rules to implement the
740	Laptops for Achievers program.
741	(3)  PAYMENT PROCEDURES.--Tax payments shall be remitted
742	daily, as determined by rule of the division. The slot machine
743	licensee shall file a report under oath by the 5th day of each
744	calendar month for all taxes remitted during the preceding
745	calendar month that shall show all slot machine activities for
746	the preceding calendar month and such other information as may
747	be required by the division.
748	(4)  FAILURE TO PAY TAX; PENALTIES.--A slot machine
749	licensee who fails to make tax payments as required under this
750	section shall be subject to an administrative penalty of up to
751	$1,000 for each day the tax payment is not remitted. All
752	administrative penalties imposed and collected shall be
753	deposited into the Slot Machine Administrative Trust Fund in the
754	Department of Business and Professional Regulation. If any slot
755	machine licensee fails to pay penalties imposed by order of the
756	division under this subsection, the division may suspend,
757	revoke, or refuse to renew the license of the slot machine
758	licensee.
759	(5)  FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR
760	REFUSE TO RENEW THE LICENSE.--In addition to the penalties
761	imposed under subsection (4), any willful or wanton failure by a
762	slot machine licensee to make payments of the tax constitutes
763	sufficient grounds for the division to suspend, revoke, or
764	refuse to renew the license of the slot machine licensee.
765	(6)  SUBMISSION OF FUNDS.--The division may require slot
766	machine licensees to remit taxes, fees, fines, and assessments
767	by electronic funds transfer.
768	551.1091  Occupational license required; application;
769	fee.--
770	(1)  The individuals and entities that are licensed under
771	this section require heightened state scrutiny, including the
772	submission by the individual licensees or persons associated
773	with the entities described in this chapter of fingerprints for
774	a criminal records check.
775	(2)(a)  The following licenses shall be issued to persons
776	or entities with access to the designated slot machine gaming
777	area or to persons who, by virtue of the position they hold,
778	might be granted access to these areas or to any other person or
779	entity in one of the following categories.
780	1.  General occupational licenses for general employees,
781	food service, maintenance, and other similar service and support
782	employees with access to the designated slot machine gaming
783	area. Service and support employees with a current pari-mutuel
784	occupational license issued pursuant to chapter 550 and a
785	current background check are not required to submit to an
786	additional background check for a slot machine occupational
787	license as long as the pari-mutuel occupational license remains
788	in good standing.
789	2.  Professional occupational licenses for any person,
790	proprietorship, partnership, corporation, or other entity that
791	is authorized by a slot machine licensee to manage, oversee, or
792	otherwise control daily operations as a slot machine manager,
793	floor supervisor, security personnel, or any other similar
794	position of oversight of gaming operations.
795	3.  Business occupational licenses for any slot machine
796	management company or slot machine business associated with slot
797	machine gaming or a person who manufactures, distributes, or
798	sells slot machines, slot machine paraphernalia, or other
799	associated equipment to slot machine licensees or any person not
800	an employee of the slot machine licensee who provides
801	maintenance, repair, or upgrades or otherwise services a slot
802	machine or other slot machine equipment.
803	(b)  Slot machine occupational licenses are not
804	transferable.
805	(3)  A slot machine licensee shall not employ or otherwise
806	allow a person to work at a slot machine facility unless such
807	person holds a valid occupational license. A slot machine
808	licensee shall not contract or otherwise do business with a
809	business required to hold a slot machine occupational license
810	unless the business holds such a license. A slot machine
811	licensee shall not employ or otherwise allow a person to work in
812	a supervisory or management professional level at a slot machine
813	facility unless such person holds a valid occupational license.
814	All slot machine occupational licensees, while present in the
815	slot machine gaming area, shall be required to display on their
816	persons their occupational license identification cards.
817	(4)(a)  A person seeking a slot machine occupational
818	license, or renewal thereof, shall make application on forms
819	prescribed by the division and include payment of the
820	appropriate application fee. Initial and renewal applications
821	for slot machine occupational licenses shall contain all the
822	information the division, by rule, may determine is required to
823	ensure eligibility.
824	(b)  The division shall establish, by rule, a schedule for
825	the annual renewal of slot machine occupational licenses.
826	(c)  Pursuant to rules adopted by the division, any person
827	may apply for and, if qualified, be issued an occupational
828	license valid for a period of 3 years upon payment of the full
829	occupational license fee for each of the 3 years for which the
830	license is issued. The occupational license shall be valid
831	during its specified term at any slot machine facility where
832	slot machine gaming is authorized to be conducted.
833	(d)  The slot machine occupational license fee for initial
834	application and annual renewal shall be determined by rule of
835	the division but shall not exceed $50 for a general or
836	professional occupational license for an employee of the slot
837	machine licensee or $1,000 for a business occupational license
838	for nonemployees of the licensee providing goods or services to
839	the slot machine licensee. License fees for general occupational
840	licensees shall be paid for by the slot machine licensee.
841	Failure to pay the required fee shall be grounds for
842	disciplinary action by the division against the slot machine
843	license but shall not be considered a violation of this chapter
844	or rules of the division by the general occupational licensee or
845	a prohibition against the issuance of the initial or the renewal
846	of the general occupational license.
847	(5)  If the state gaming commission or other similar
848	regulatory authority of another state or jurisdiction extends to
849	the division reciprocal courtesy to maintain disciplinary
850	control, the division may:
851	(a)  Deny an application for or revoke, suspend, or place
852	conditions or restrictions on a license of a person or entity
853	who has been refused a license by any other state gaming
854	commission or similar authority; or
855	(b)  Deny an application for or suspend or place conditions
856	on a license of any person or entity who is under suspension or
857	has unpaid fines in another jurisdiction.
858	(6)(a)  The division may deny, suspend, revoke, or declare
859	ineligible any occupational license if the applicant for or
860	holder thereof has violated the provisions of this chapter or
861	the rules of the division governing the conduct of persons
862	connected with slot machine gaming. In addition, the division
863	may deny, suspend, revoke, or declare ineligible any
864	occupational license if the applicant for such license has been
865	convicted in this state, in any other state, or under the laws
866	of the United States of a capital felony, a felony, or an
867	offense in any other state which would be a felony under the
868	laws of this state involving arson; trafficking in, conspiracy
869	to traffic in, smuggling, importing, conspiracy to smuggle or
870	import, or delivery, sale, or distribution of a controlled
871	substance; or a crime involving a lack of good moral character,
872	or has had a slot machine gaming license revoked by this state
873	or any other jurisdiction for an offense related to slot machine
874	gaming.
875	(b)  The division may deny, declare ineligible, or revoke
876	any occupational license if the applicant for such license or
877	the licensee has been convicted of a felony or misdemeanor in
878	this state, in any other state, or under the laws of the United
879	States, if such felony or misdemeanor is related to gambling or
880	bookmaking as contemplated in s. 849.25.
881	(7)  Fingerprints for all slot machine occupational license
882	applications shall be taken in a manner approved by the division
883	and shall be submitted to the Department of Law Enforcement and
884	the Federal Bureau of Investigation for a level II criminal
885	records check upon initial application and every 5 years
886	thereafter. All persons associated with, having a direct or
887	indirect ownership interest in, or employed by or working within
888	a licensed premise, excluding division employees and law
889	enforcement officers assigned by their employing agencies to
890	work within the premises as part of their official duties, are
891	required to not be convicted of any disqualifying criminal
892	offenses as established by division rule. To facilitate the
893	required review of criminal history information, each person
894	listed here is required to submit fingerprints to the division.
895	The division shall forward the fingerprints to the Department of
896	Law Enforcement for state processing. The Department of Law
897	Enforcement shall forward the fingerprints to the Federal Bureau
898	of Investigation for national processing.
899	(a)  Fingerprints shall be taken in a manner approved by
900	the division and shall be submitted electronically to the
901	Department of Law Enforcement and the Federal Bureau of
902	Investigation for a criminal records check upon initial taking,
903	or as required thereafter by rule of the division, and every 5
904	years thereafter. Licensees are required to provide necessary
905	equipment approved by the Department of Law Enforcement to
906	facilitate such electronic submission. The division may by rule
907	require annual criminal history record checks of all persons
908	required to submit to the fingerprint-based criminal records
909	check. The division requirements under this subsection shall be
910	instituted in consultation with the Department of Law
911	Enforcement.
912	(b)  The cost of processing fingerprints and conducting a
913	records check shall be borne by the licensee or the person being
914	checked. The Department of Law Enforcement may invoice the
915	division for the fingerprints submitted each month.
916	(c)  Beginning February 1, 2006, all fingerprints submitted
917	to the Department of Law Enforcement and required by this
918	section shall be retained by the Department of Law Enforcement
919	in a manner provided by rule of the Department of Law
920	Enforcement and entered into the statewide automated fingerprint
921	identification system as authorized by s. 943.05(2)(b). Such
922	fingerprints shall thereafter be available for all purposes and
923	uses authorized for arrest fingerprint cards entered into the
924	statewide automated fingerprint identification system pursuant
925	to s. 943.051.
926	(d)  Beginning February 1, 2006, the Department of Law
927	Enforcement shall search all arrest fingerprints received under
928	s. 943.051 against the fingerprints retained in the statewide
929	automated fingerprint identification system under paragraph (c).
930	Any arrest record that is identified with the retained
931	fingerprints of a person subject to the criminal history
932	screening requirements of this section shall be reported to the
933	division. Each racetrack or fronton is required to participate
934	in this search process by payment of an annual fee to the
935	division which shall forward the payment to the Department of
936	Law Enforcement. The division shall inform the Department of Law
937	Enforcement of any change in the license status of licensees
938	whose fingerprints are retained under subparagraph (c). The
939	amount of the annual fee to be imposed upon each racetrack or
940	fronton for performing these searches and the procedures for the
941	retention of licensee fingerprints and the dissemination of
942	search results shall be established by rule of the Department of
943	Law Enforcement. The fee shall be borne by the person
944	fingerprinted or the licensee.
945	(e)  Every 5 years following issuance of a license or upon
946	conducting a criminal history check as required herein, each
947	person who is so licensed or who was so checked must meet the
948	screening requirements as established by the division rule, at
949	which time the division shall request the Department of Law
950	Enforcement to forward the fingerprints to the Federal Bureau of
951	Investigation for a criminal records check. If, for any reason
952	following initial licensure or criminal history check, the
953	fingerprints of a person who is licensed or who was checked are
954	not retained by the Department of Law Enforcement as provided in
955	this section, the person must file a complete set of
956	fingerprints with the division. Upon submission of fingerprints
957	for this purpose, the division shall request the Department of
958	Law Enforcement to forward the fingerprints to the Federal
959	Bureau of Investigation for a criminal records check, and the
960	fingerprints shall be retained by the Department of Law
961	Enforcement as authorized herein. The cost of the state and
962	national criminal history check required herein shall be borne
963	by the licensee or the person fingerprinted. Under penalty of
964	perjury, each person who is licensed or who is checked as
965	required by this section must agree to inform the division
966	within 48 hours if he or she is convicted of any disqualifying
967	offense while he or she is so licensed.
968	(8)  All moneys collected pursuant to this section shall be
969	deposited into the Slot Machine Administrative Trust Fund.
970	551.1111  Prohibited relationships.--
971	(1)  A person employed by or performing any function on
972	behalf of the division or the board shall not:
973	(a)  Be an officer, director, owner, or employee of any
974	person or entity licensed by the division.
975	(b)  Have or hold any interest, direct or indirect, in or
976	engage in any commerce or business relationship with any person
977	licensed by the division.
978	(2)  No employee of the division or relative living in the
979	same household of such employee of the division shall be allowed
980	to wager at any time on a slot machine located at a facility
981	licensed by the division.
982	(3)  No occupational licensee or relative living in the
983	same household of such occupational licensee shall be allowed to
984	wager at any time on a slot machine located at a facility where
985	that person is employed.
986	(4)  A manufacturer or distributor of slot machines shall
987	not enter into any contract with a slot machine licensee that
988	provides for any revenue sharing of any kind or nature that is,
989	directly or indirectly, calculated on the basis of a percentage
990	of slot machine revenues. Any maneuver, shift, or device whereby
991	this provision is violated shall be a violation of this chapter
992	and shall render any such agreement void.
993	(5)  A manufacturer or distributor of slot machines or any
994	equipment necessary for the operation of slot machines or an
995	officer, director, or employee of any such manufacturer or
996	distributor shall not have any ownership or financial interest
997	in a slot machine license or in any business owned by the slot
998	machine licensee.
999	(6)  No licensee or any entity conducting business on or
1000	within a licensed slot operation shall employ any employee of a
1001	law enforcement or regulatory agency that has jurisdiction over
1002	the licensed premises in an off-duty or secondary employment
1003	capacity for work within any enclosure or area containing a slot
1004	machine or in any restricted area that supports slot machine
1005	operations that requires an occupational license to enter. If
1006	approved by the employee's primary employing agency, off-duty or
1007	secondary employment not prohibited by this section may be
1008	permitted.
1009	551.1113  False statements; skimming of slot machine
1010	proceeds; cheating; theft; arrest and recovery; penalties.--
1011	(1)  Any person who intentionally makes or causes to be
1012	made or aids, assists, or procures another to make a false
1013	statement in any report, disclosure, application, or any other
1014	document required under this chapter or any rule adopted under
1015	this chapter commits a misdemeanor of the first degree,
1016	punishable as provided in s. 775.082 or s. 775.083.
1017	(2)  Any person who intentionally excludes, or takes any
1018	action in an attempt to exclude, anything or its value from the
1019	deposit, counting, collection, or computation of revenues from
1020	slot machine activity or any person who by trick or sleight of
1021	hand performance, or by a fraud or fraudulent scheme, or device,
1022	for himself or herself or for another, wins or attempts to win
1023	money or property or a combination thereof or reduces a losing
1024	wager or attempts to reduce a losing wager in connection with
1025	slot machine gaming commits a felony of the third degree,
1026	punishable as provided in s. 775.082, s. 775.083, or. 775.084.
1027	(a)  Any law enforcement officer or slot machine operator
1028	who has probable cause to believe that a violation of this
1029	subsection has been committed by a person and that the officer
1030	or operator can recover the lost proceeds from such activity by
1031	taking the person into custody may, for the purpose of
1032	attempting to effect such recovery or for prosecution, take the
1033	person into custody on the premises and detain the person in a
1034	reasonable manner and for a reasonable period of time. If the
1035	operator takes the person into custody, a law enforcement
1036	officer shall be called to the scene immediately. The taking
1037	into custody and detention by a law enforcement officer or slot
1038	machine operator, if done in compliance with this subsection,
1039	does not render such law enforcement officer or slot machine
1040	operator criminally or civilly liable for false arrest, false
1041	imprisonment, or unlawful detention.
1042	(b)  Any law enforcement officer may arrest, either on or
1043	off the premises and without warrant, any person if there is
1044	probable cause to believe that person has violated this
1045	subsection.
1046	(c)  Any person who resists the reasonable effort of a law
1047	enforcement officer or slot machine operator to recover the lost
1048	slot machine proceeds that the law enforcement officer or slot
1049	machine operator had probable cause to believe had been stolen
1050	from the eligible facility, and who is subsequently found to be
1051	guilty of violating this subsection, commits a misdemeanor of
1052	the first degree, punishable as provided in s. 775.082 or s.
1053	775.083, unless such person did not know or did not have reason
1054	to know that the person seeking to recover the lost proceeds was
1055	a law enforcement officer or slot machine operator. For purposes
1056	of this section, the charge of theft and the charge of resisting
1057	apprehension may be tried concurrently.
1058	(d)  Theft of any slot machine proceeds or of property
1059	belonging to the slot machine operator or eligible facility by
1060	an employee of the operator or facility or by an employee of a
1061	person, firm, or entity that has contracted to provide services
1062	to the establishment constitutes a felony of the third degree,
1063	punishable as provided in s. 775.082 or s. 775.083.
1064	551.1115  Slot machines; authorization.--Notwithstanding
1065	any provision of law to the contrary, no slot machine
1066	manufactured, sold, distributed, possessed, or operated
1067	according to the provisions of this chapter shall be considered
1068	unlawful.
1069	551.1119  Facilities of slot machine licensees.--
1070	(1)  In addition to the power to exclude certain persons
1071	from any facility of a slot machine licensee in this state, the
1072	division may exclude any person from any facility of a slot
1073	machine licensee in this state for conduct that would
1074	constitute, if the person were a licensee, a violation of this
1075	chapter or the rules of the division. The division may exclude
1076	from any facility of a slot machine licensee any person who has
1077	been ejected from a facility of a slot machine licensee in this
1078	state or who has been excluded from any facility of a slot
1079	machine licensee or gaming facility in another state by the
1080	governmental department, agency, commission, or authority
1081	exercising regulatory jurisdiction over the gaming in such other
1082	state.
1083	(2)  This section shall not be construed to abrogate the
1084	common law right of a slot machine licensee to exclude a patron
1085	absolutely in this state.
1086	(3)  The division shall require the posting of signs in the
1087	designated slot machine gaming areas warning of the risks and
1088	dangers of gambling, showing the odds of winning, and informing
1089	patrons of the toll-free telephone number available to provide
1090	information and referral services regarding compulsive or
1091	problem gambling.
1092	(4)  The division shall require slot machine licensees to
1093	provide in the designated slot machine gaming area facilities
1094	and equipment sufficient to allow the observation of and
1095	wagering on live, intertrack, and simulcast races and games.
1096	(5)  The permitholder shall provide adequate office space
1097	at no cost to the division and the Department of Law Enforcement
1098	for the oversight of slot machines operations. The division
1099	shall promulgate rules setting the criteria for adequate space,
1100	configuration, and location and needed electronic and
1101	technological requirements for office space required by this
1102	subsection.
1103	551.121  Minors prohibited from playing slot machines.--
1104	(1)  A slot machine licensee or agent or employee of a slot
1105	machine licensee shall not:
1106	(a)  Allow a person who has not attained 21 years of age to
1107	play any slot machine.
1108	(b)  Allow a person who has not attained 21 years of age
1109	access to the designated slot machine gaming area of a facility
1110	of a slot machine licensee.
1111	(c)  Allow a person who has not attained 21 years of age to
1112	be employed in any position allowing or requiring access to the
1113	designated slot machine gaming area of a facility of a slot
1114	machine licensee.
1115	(2)  No person licensed under this chapter, or any agent or
1116	employee of a licensee under this chapter, shall intentionally
1117	allow a person who has not attained 21 years of age to play or
1118	operate a slot machine or have access to the designated slot
1119	machine area of a facility of a slot machine licensee.
1120	551.125  Prohibited activities and devices.--
1121	(1)  No complimentary alcoholic beverages shall be served
1122	to patrons within the designated slot machine gaming areas.
1123	(2)  A slot machine licensee shall not make any loan or
1124	provide credit or advance cash to enable a person to play a slot
1125	machine.
1126	(3)  A slot machine licensee shall not allow any automated
1127	teller machine or similar device designed to provide credit or
1128	dispense cash to be located within 50 feet of a designated slot
1129	machine gaming area within the facilities of the slot machine
1130	licensee.
1131	(4)  A slot machine licensee shall not accept or cash any
1132	third party, corporate, business, or government-issued check
1133	from any person.
1134	(5)  Each slot machine approved for use in this state shall
1135	be protected against manipulation or tampering to affect the
1136	random probabilities of winning plays, and the centralized
1137	computer management system shall enable the division or the
1138	Department of Law Enforcement to suspend play upon suspicion of
1139	any manipulation or tampering. When play has been suspended on
1140	any slot machine, the division or the Department of Law
1141	Enforcement may examine any slot machine to determine whether
1142	the machine has been tampered with or manipulated and whether
1143	the machine should be returned to operation.
1144	(6)  No slot machine or the computer operating system
1145	linking the slot machine shall be linked by any means to any
1146	other slot machine or computer operating system of another slot
1147	machine licensee.
1148	(7)  No outcome of play or continuation of play may be
1149	manipulated, through programming or otherwise, to display a
1150	result that appears to be a near win, gives the impression that
1151	the player is getting close to a win, or in any way gives a
1152	false impression that the chance to win is improved by another
1153	play; however, this subsection does not apply to general
1154	promotional enticements such as graphic displays and sound
1155	effects that do not falsely imply that the chance of winning
1156	improves by continued play.
1157	551.20  Days and hours of operation.--Slot machine gaming
1158	areas may be open 365 days a year. The slot machine gaming areas
1159	may be open only from 10:00 a.m. until 2:00 a.m. Sunday through
1160	Saturday.
1161	551.202  Catering license.--A slot machine licensee is
1162	entitled to a caterer's license pursuant to s. 565.02 on days in
1163	which the pari-mutuel facility is open to the public for slot
1164	machine game play as authorized by this chapter.
1165	551.204  Purchasing and employment by slot machine
1166	licensee.--
1167	(1)  The slot machine licensee shall maintain a policy of
1168	making purchases from vendors in this state. Furthermore, the
1169	slot machine licensee shall create opportunities to purchase
1170	from minority vendors and shall implement the policy and
1171	purchasing opportunities in a nondiscriminatory manner.
1172	(2)  The slot machine licensee shall maintain a policy of
1173	awarding preference in employment to residents of this state, as
1174	defined by law.
1175	(3)  The slot machine licensee shall use the Internet-based
1176	job listing system of the Agency for Workforce Innovation in
1177	advertising employment opportunities. Further, each slot machine
1178	licensee in its gaming operations shall create equal employment
1179	opportunities which shall be implemented in a nondiscriminatory
1180	manner in hiring and promoting employees to achieve the full and
1181	fair participation of women, Asians, blacks, Hispanics, Native
1182	Americans, persons with disabilities, and other protected groups
1183	within the city where the pari-mutuel facility is located, and
1184	an action plan and programs shall be implemented by each slot
1185	machine licensee designed to ensure that the percentage of the
1186	minority population in which the pari-mutuel facility is located
1187	is considered to the extent minority applications are submitted
1188	in equal proportion to the number of jobs open for hiring at
1189	entry level, managerial, supervisory, and any other positions,
1190	unless there is a bona fide occupational qualification requiring
1191	a distinct and unique employment expertise which a minority
1192	applicant does not possess.
1193	551.25  Penalties for violations by licensee.--The division
1194	may revoke or suspend any license issued under this chapter upon
1195	the willful violation by the licensee of any provision of this
1196	chapter or of any rule adopted under this chapter. In lieu of
1197	suspending or revoking a license, the division may impose a
1198	civil penalty against the licensee for a violation of this
1199	chapter or any rule adopted by the division. Except as otherwise
1200	provided in this chapter, the penalty so imposed may not exceed
1201	$1,000 for each count or separate offense. All penalties imposed
1202	and collected must be deposited into the Slot Machine
1203	Administrative Trust Fund in the department.
1204	551.30  State Slot Machine Gaming Board.--
1205	(1)  CREATION.--
1206	(a)  There is created a board known as the State Slot
1207	Machine Gaming Board which shall be housed within the division.
1208	(b)  The board is not a unit or entity of state government.
1209	However, the board is subject to the provisions of s. 24, Art. I
1210	of the State Constitution and chapter 119, relating to public
1211	meetings and records and the provisions of chapter 286 relating
1212	to public meetings and records.
1213	(c)  The principal office of the board shall be in
1214	Tallahassee; however, the board may conduct meetings in any
1215	county where slot machine gaming is authorized to be conducted.
1216	(d)  The board shall hire or contract for all staff
1217	necessary for the proper execution of its powers and duties
1218	within the funds appropriated to implement this section and
1219	shall comply with the code of ethics for public officers and
1220	employees under part III of chapter 112. In no case may the
1221	board expend more than its annual appropriation for staffing and
1222	necessary administrative expenditures, including, but not
1223	limited to, travel and per diem and audit expenditures, using
1224	funds appropriated to implement this section. The funds
1225	appropriated shall be derived from a portion of the imposition
1226	of regulatory fees to offset the costs of regulation.
1227	(e)  The division shall provide administrative support to
1228	the board as requested by the board. In the event of the
1229	dissolution of the board, the division shall be the board's
1230	successor in interest and shall assume all rights, duties, and
1231	obligations of the board.
1232	(2)  PURPOSE.--The board's purpose shall be to provide
1233	administrative advisory oversight to the division's regulation
1234	of slot machine gaming, monitor the impacts of slot machine
1235	gaming in the affected communities and the state as a whole, and
1236	ensure that the intent of s. 23, Art. X of the State
1237	Constitution is met as it relates to the expenditures of taxes
1238	on slot machines to supplement public education.
1239	(3)  MEMBERSHIP.--
1240	(a)  The board shall consist of nine voting members of high
1241	moral character, impeccable reputation, and demonstrable
1242	business expertise. No more than two members shall be residents
1243	of a county where slot machine gaming is authorized to be
1244	conducted. The Governor shall appoint the members of the board.
1245	The director of the division shall serve as an ex officio,
1246	nonvoting member of the board. Appointment of members of the
1247	board shall be confirmed by the Senate.
1248	(b)  Each member of the board shall serve for a term of 4
1249	years, except that initially the Governor shall appoint three
1250	members for a term of 1 year, three members for a term of 2
1251	years, and three members for a term of 4 years to achieve
1252	staggered terms among the members of the board. A member is not
1253	eligible for reappointment to the board, except that a member
1254	appointed to an initial term of 1 year or 2 years may be
1255	reappointed for an additional term of 4 years and a person
1256	appointed to fill a vacancy with 2 years or less remaining on
1257	the term may be reappointed for an additional term of 4 years.
1258	(c)  The Governor shall fill a vacancy on the board. A
1259	vacancy that occurs before the scheduled expiration of the term
1260	of the member shall be filled for the remainder of the unexpired
1261	term.
1262	(d)  Each member of the board who is not otherwise required
1263	to file financial disclosure under s. 8, Art. II of the State
1264	Constitution or s. 112.3144 shall file disclosure of financial
1265	interests under s. 112.3145.
1266	(e)  A person may not be appointed to the board if he or
1267	she has any direct or indirect interest in any slot machine
1268	licensee or any aspect of the gambling industry or any
1269	affiliated activities. A person appointed to the board shall be
1270	deemed an appointed state officer for the purposes of s.
1271	112.313.
1272	(f)  Each member of the board shall serve without
1273	compensation, but shall receive travel and per diem expenses as
1274	provided in s. 112.061 while in the performance of his or her
1275	duties.
1276	(g)  Each member of the board is accountable for the proper
1277	performance of the duties of office, and each member owes a
1278	fiduciary duty to the people of the state to ensure that all
1279	activities are conducted in furtherance of this section. The
1280	Governor may remove a member for malfeasance, misfeasance,
1281	neglect of duty, incompetence, permanent inability to perform
1282	official duties, unexcused absence from three consecutive
1283	meetings of the board, arrest or indictment for a crime that is
1284	a felony or a misdemeanor involving theft or moral turpitude, a
1285	crime of dishonesty, or pleading nolo contendere to, or being
1286	found guilty of, any crime.
1287	(4)  ORGANIZATION; MEETINGS.--
1288	(a)1.  The board shall annually elect a chairperson and a
1289	vice chairperson from among the board's members. The members
1290	may, by a vote of five of the nine board members, remove a
1291	member from the position of chairperson or vice chairperson
1292	prior to the expiration of his or her term as chairperson or
1293	vice chairperson. His or her successor shall be elected to serve
1294	for the balance of the removed chairperson's or vice
1295	chairperson's term.
1296	2.  The chairperson is responsible to ensure that records
1297	are kept of the proceedings of the board and is the custodian of
1298	all books, documents, and papers filed with the board, the
1299	minutes of meetings of the board, and the official seal of the
1300	board.
1301	(b)1.  The board shall meet upon the call of the
1302	chairperson or at the request of a majority of the members, but
1303	no less than quarterly per calendar year.
1304	2.  A majority of the voting members of the board
1305	constitutes a quorum. Except as otherwise provided in this
1306	section, the board may take official action by a majority vote
1307	of the members present at any meeting at which a quorum is
1308	present. Members may not vote by proxy.
1309	3.  A member of the board may participate in a meeting of
1310	the board by telephone or video conference through which each
1311	member may hear every other member.
1312	(5)  POWERS AND DUTIES.--The board:
1313	(a)  May perform all acts and things necessary or
1314	convenient to carry out the powers expressly granted in this
1315	section.
1316	(b)  May recommend to the division and the Legislature
1317	expenditures from regulatory funds provided by this chapter,
1318	including any necessary administrative expenditures consistent
1319	with its powers, and ways to supplement public education from
1320	taxes collected from slot machine gaming.
1321	(c)  May receive and review reports and financial
1322	documentation provided by the slot machine licensee pursuant to
1323	this chapter to monitor compliance with the provisions of this
1324	chapter.
1325	(d)  May receive testimony and information from law
1326	enforcement officials regarding the impact of slot machine
1327	gaming on criminal activity in and around slot machine
1328	facilities.
1329	(e)  May receive testimony and information from local
1330	governments and tourist development councils regarding the
1331	impact of slot machine gaming on their communities and the
1332	tourism of their respective areas.
1333	(f)  May make recommendations to the division and to the
1334	Office of Program Policy Analysis and Government Accountability
1335	on the performance measures for the regulatory responsibilities
1336	set forth in this chapter.
1337	(g)  May monitor criminal activity in and around the slot
1338	machine facilities in this state and recommend to the
1339	Legislature ways to curb such activity.
1340	(h)  May receive testimony from education officials,
1341	education groups, and the public regarding the expenditures of
1342	taxes received from slot machine gaming and make recommendations
1343	to the Legislature on ways to spend these funds to supplement
1344	public education.
1345	(i)  Shall prepare an annual report as prescribed herein.
1346	(j)  Shall make recommendations to the division on
1347	reporting requirements on slot machine gaming facilities. The
1348	board shall recommend to the division the means, method, and
1349	timing of reporting, at a minimum, in the following areas:
1350	1.  The net number and dollar value of all jobs created,
1351	including the number of jobs held by Florida residents.
1352	2.  The total net amount of revenues generated for state
1353	government from all tax and fee sources related to the slot
1354	machine operation.
1355	3.  The measures taken by the slot machine licensee to
1356	prevent, control, and treat problem gambling.
1357	4.  The operational status and quality of operation of the
1358	slot machine licensee's preslot machine pari-mutuel enterprise.
1359	5.  Documentation of continuing capital reinvestment by the
1360	slot machine licensee for the economic benefit of the community.
1361	6.  Information relating to all complaints and charges of
1362	violations by a slot machine facility constituting a nuisance
1363	and the outcome of such charges.
1364	7.  A detailed summary of all lobbying activities conducted
1365	by or on behalf of the slot machine licensee, including the
1366	amount and source of funds expended.
1367	(6)  REVIEW OF RULES.--The division shall provide a copy of
1368	any proposed rules to the board and allow sufficient time for
1369	review and response by the board. Emergency rules shall not be
1370	subject to this requirement.
1371	(7)  ANNUAL REPORT.--By December 1 of each year, the board
1372	shall prepare a report of the activities and outcomes under this
1373	section for the preceding fiscal year. The report, at a minimum,
1374	must include:
1375	(a)  A description of the activities of the board and slot
1376	machine licensees and a description of the substance of reports
1377	required for submission by the licensee to the board.
1378	(b)  A description of the public testimony received by the
1379	board.
1380	(c)  A description of any resolutions from county or
1381	municipal governments or tourist development councils or
1382	affidavits from law enforcement officials received by the board.
1383	(d)  Information on the number and salary level of jobs
1384	created by each of the slot machine licensees, including the
1385	number and salary level of jobs created for residents of this
1386	state.
1387	(e)  Information collected, if any, on the amount and
1388	nature of economic activity generated through the slot machine
1389	operations-related activities of each of the slot machine
1390	licensees.
1391	(f)  A compliance and financial audit of the accounts and
1392	records of the board at the end of the preceding fiscal year
1393	conducted by the division.
1394	(g)  A description of any recommendations made to the
1395	division or the Legislature by the board consistent with its
1396	grant of authority herein.
1397
1398	The board shall submit the report to the Governor, the President
1399	of the Senate, and the Speaker of the House of Representatives.
1400	(8)  OFFICE OF PROGRAM POLICY ANALYSIS AND GOVERNMENT
1401	ACCOUNTABILITY; PROGRAM EVALUATION.--
1402	(a)  Before January 1, 2008, and annually thereafter, the
1403	Office of Program Policy Analysis and Government Accountability
1404	shall conduct a performance audit of the board, the division,
1405	and slot machine licensees relating to the provisions of this
1406	chapter. The audit shall assess the implementation and outcomes
1407	of activities under this chapter. The audit shall include an
1408	evaluation of reports and financial documentation provided to
1409	the board under paragraphs (5)(c)-(e) by the slot machine
1410	licensee, law enforcement officials, local governments, and
1411	tourist development councils, and reports provided to the board
1412	under paragraph (5)(j) including documentation of continuing
1413	capital reinvestment by the slot machine licensee and
1414	information relating to violations by a slot machine facility
1415	constituting a nuisance. At a minimum, the audit shall address:
1416	1.  Performance of the slot machine licensees in operating
1417	slot machine gaming and complying with the rules under this
1418	chapter.
1419	2.  Performance of the board under this chapter.
1420	3.  Compliance by the board with the provisions of this
1421	section and the provisions of the rules.
1422	4.  Economic activity generated through slot machine
1423	operations by the slot machine licensees.
1424	5.  The expenditure of slot machine taxes and whether these
1425	expenditures supplemented or supplanted public education
1426	dollars.
1427	(b)  A report of each audit's findings and recommendations
1428	shall be submitted to the Governor, the President of the Senate,
1429	and the Speaker of the House of Representatives.
1430	551.33  Law enforcement affidavits.--The chief law
1431	enforcement officer of any county or municipality where a slot
1432	machine licensee is authorized to conduct slot machine gaming at
1433	a pari-mutuel facility and the chief law enforcement officer of
1434	any municipality contiguous to a municipality where such slot
1435	machine licensee is authorized to conduct slot machine gaming
1436	shall execute at least once annually an affidavit verifying,
1437	based upon information or belief, whether the applicable local
1438	budgeting authority has provided sufficient funding to
1439	adequately address additional law enforcement responsibilities
1440	directly or indirectly resulting from the slot machine gaming
1441	operations. The affidavit shall be transmitted to the board.
1442	551.34  Local government resolutions.--
1443	(1)  The board of county commissioners and the governing
1444	body of a municipality where a slot machine licensee is
1445	authorized to conduct slot machine gaming and any municipality
1446	contiguous to the municipality where such slot machine licensee
1447	is authorized to conduct slot machine gaming must adopt a
1448	resolution at least once annually that expresses, at a minimum,
1449	whether slot machine gaming is being operated in a manner that
1450	demonstrates a commitment to ameliorate detriment to the public
1451	economic and social health, safety, and welfare of the community
1452	governed by the applicable body.
1453	(2)  The governing body of any municipality that is not
1454	required to adopt a resolution pursuant to subsection (1) may
1455	adopt a resolution addressing slot machine gaming impacts on the
1456	local community. The resolution should contain a recitation of
1457	those factual circumstances which support a conclusion that the
1458	operations of the slot machine licensee have a substantial
1459	effect on the public economic and social health, safety, and
1460	welfare of the municipality.
1461	(3)  The resolution shall be transmitted to the board.
1462	551.341  Tourist development council resolutions.--
1463	(1)  Any tourist development council, organized under the
1464	provisions of part I of chapter 125, or the board of county
1465	commissioners if there is no tourist development council in that
1466	county, must adopt a resolution at least once annually that
1467	expresses, at a minimum, whether slot machine gaming is being
1468	operated in a manner that demonstrates a commitment to the
1469	growth and expansion of tourism in this state and a commitment
1470	to ameliorate detriment to communities that are current tourist
1471	destinations but do not have slot machine gaming being conducted
1472	at pari-mutuel facilities within their jurisdiction.
1473	(2)  The resolution should contain a recitation of those
1474	factual circumstances which support a conclusion that the
1475	operations of slot machine licensees have a substantial positive
1476	or negative effect on the expansion and growth of tourism within
1477	their jurisdiction. Tourism impacts shall be supported, as a
1478	part of the resolution, by statistical data and other practical
1479	collateral impacts and evidence on local tourism activity.
1480	(3)  The resolution shall be transmitted to the board.
1481	551.40  Compulsive gambling program.--The division may
1482	contract for provision of services related to the prevention and
1483	treatment of compulsive and addictive gambling. The terms of any
1484	contract for the provision of such services shall include
1485	accountability standards that must be met by any private
1486	provider. The failure of any private provider to meet any
1487	material terms of the contract, including the accountability
1488	standards, shall constitute a breach of contract or grounds for
1489	nonrenewal. The division may consult with the Department of the
1490	Lottery in the development of the program and the development
1491	and analysis of any procurement for contractual services for its
1492	compulsive or addictive gambling treatment program. The
1493	compulsive or addictive gambling treatment program shall be
1494	funded from the annual nonrefundable regulatory fee provided for
1495	in s. 551.108(1)(a).
1496	Section 5.  Section 849.15, Florida Statutes, is amended to
1497	read:
1498	849.15  Manufacture, sale, possession, etc., of coin-
1499	operated devices prohibited.--
1500	(1)  It is unlawful:
1501	(a)(1)  To manufacture, own, store, keep, possess, sell,
1502	rent, lease, let on shares, lend or give away, transport, or
1503	expose for sale or lease, or to offer to sell, rent, lease, let
1504	on shares, lend or give away, or permit the operation of, or for
1505	any person to permit to be placed, maintained, or used or kept
1506	in any room, space, or building owned, leased or occupied by the
1507	person or under the person's management or control, any slot
1508	machine or device or any part thereof; or
1509	(b)(2)  To make or to permit to be made with any person any
1510	agreement with reference to any slot machine or device, pursuant
1511	to which the user thereof, as a result of any element of chance
1512	or other outcome unpredictable to him or her, may become
1513	entitled to receive any money, credit, allowance, or thing of
1514	value or additional chance or right to use such machine or
1515	device, or to receive any check, slug, token or memorandum
1516	entitling the holder to receive any money, credit, allowance or
1517	thing of value.
1518	(2)  Pursuant to section 2 of that certain chapter of the
1519	Congress of the United States entitled "An act to prohibit
1520	transportation of gaming devices in interstate and foreign
1521	commerce", approved January 2, 1951, being c. 1194, 64 Stat.
1522	1134, and also designated as 15 U.S.C. 1171-1177, the State of
1523	Florida, acting by and through its duly elected and qualified
1524	members of its Legislature, does hereby in this section, and in
1525	accordance with and in compliance with the provisions of section
1526	2 of such chapter of Congress, declare and proclaim that any
1527	county of the State of Florida, within which slot machine gaming
1528	is authorized pursuant to chapter 551 is exempt from the
1529	provisions of section 2 of that certain chapter of the Congress
1530	of the United States entitled "An act to prohibit transportation
1531	of gaming devices in interstate and foreign commerce",
1532	designated U.S.C. 1171-1177, approved January 2, 1951. All
1533	shipments of gaming devices, including slot machines, into any
1534	county of this state within which slot machine gaming is
1535	authorized pursuant to chapter 551, the registering, recording,
1536	and labeling of which have been duly done by the manufacturer or
1537	distributor thereof in accordance with sections 3 and 4 of that
1538	certain chapter of the Congress of the United States entitled,
1539	"An act to prohibit transportation of gaming devices in
1540	interstate and foreign commerce", approved January 2, 1951,
1541	being c. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
1542	1171-1177, shall be deemed legal shipments thereof into any such
1543	county provided the destination of such shipments is to a
1544	licensed eligible facility as defined s. 551.103.
1545	Section 6.  Subsections (1) and (2) of section 895.02,
1546	Florida Statutes, are amended to read:
1547	895.02  Definitions.--As used in ss. 895.01-895.08, the
1548	term:
1549	(1)  "Racketeering activity" means to commit, to attempt to
1550	commit, to conspire to commit, or to solicit, coerce, or
1551	intimidate another person to commit:
1552	(a)  Any crime which is chargeable by indictment or
1553	information under the following provisions of the Florida
1554	Statutes:
1555	1.  Section 210.18, relating to evasion of payment of
1556	cigarette taxes.
1557	2.  Section 403.727(3)(b), relating to environmental
1558	control.
1559	3.  Section 409.920 or s. 409.9201, relating to Medicaid
1560	fraud.
1561	4.  Section 414.39, relating to public assistance fraud.
1562	5.  Section 440.105 or s. 440.106, relating to workers'
1563	compensation.
1564	6.  Section 465.0161, relating to distribution of medicinal
1565	drugs without a permit as an Internet pharmacy.
1566	7.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
1567	499.0691, relating to crimes involving contraband and
1568	adulterated drugs.
1569	8.  Part IV of chapter 501, relating to telemarketing.
1570	9.  Chapter 517, relating to sale of securities and
1571	investor protection.
1572	10.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1573	to dogracing and horseracing.
1574	11.  Chapter 550, relating to jai alai frontons.
1575	12.  Section 551.1113, relating to slot machine gaming.
1576	13.12.  Chapter 552, relating to the manufacture,
1577	distribution, and use of explosives.
1578	14.13.  Chapter 560, relating to money transmitters, if the
1579	violation is punishable as a felony.
1580	15.14.  Chapter 562, relating to beverage law enforcement.
1581	16.15.  Section 624.401, relating to transacting insurance
1582	without a certificate of authority, s. 624.437(4)(c)1., relating
1583	to operating an unauthorized multiple-employer welfare
1584	arrangement, or s. 626.902(1)(b), relating to representing or
1585	aiding an unauthorized insurer.
1586	17.16.  Section 655.50, relating to reports of currency
1587	transactions, when such violation is punishable as a felony.
1588	18.17.  Chapter 687, relating to interest and usurious
1589	practices.
1590	19.18.  Section 721.08, s. 721.09, or s. 721.13, relating
1591	to real estate timeshare plans.
1592	20.19.  Chapter 782, relating to homicide.
1593	21.20.  Chapter 784, relating to assault and battery.
1594	22.21.  Chapter 787, relating to kidnapping.
1595	23.22.  Chapter 790, relating to weapons and firearms.
1596	24.23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1597	s. 796.05, or s. 796.07, relating to prostitution and sex
1598	trafficking.
1599	25.24.  Chapter 806, relating to arson.
1600	26.25.  Section 810.02(2)(c), relating to specified
1601	burglary of a dwelling or structure.
1602	27.26.  Chapter 812, relating to theft, robbery, and
1603	related crimes.
1604	28.27.  Chapter 815, relating to computer-related crimes.
1605	29.28.  Chapter 817, relating to fraudulent practices,
1606	false pretenses, fraud generally, and credit card crimes.
1607	30.29.  Chapter 825, relating to abuse, neglect, or
1608	exploitation of an elderly person or disabled adult.
1609	31.30.  Section 827.071, relating to commercial sexual
1610	exploitation of children.
1611	32.31.  Chapter 831, relating to forgery and
1612	counterfeiting.
1613	33.32.  Chapter 832, relating to issuance of worthless
1614	checks and drafts.
1615	34.33.  Section 836.05, relating to extortion.
1616	35.34.  Chapter 837, relating to perjury.
1617	36.35.  Chapter 838, relating to bribery and misuse of
1618	public office.
1619	37.36.  Chapter 843, relating to obstruction of justice.
1620	38.37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1621	or s. 847.07, relating to obscene literature and profanity.
1622	39.38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1623	s. 849.25, relating to gambling.
1624	40.39.  Chapter 874, relating to criminal street gangs.
1625	41.40.  Chapter 893, relating to drug abuse prevention and
1626	control.
1627	42.41.  Chapter 896, relating to offenses related to
1628	financial transactions.
1629	43.42.  Sections 914.22 and 914.23, relating to tampering
1630	with a witness, victim, or informant, and retaliation against a
1631	witness, victim, or informant.
1632	44.43.  Sections 918.12 and 918.13, relating to tampering
1633	with jurors and evidence.
1634	(b)  Any conduct defined as "racketeering activity" under
1635	18 U.S.C. s. 1961(1).
1636	(2)  "Unlawful debt" means any money or other thing of
1637	value constituting principal or interest of a debt that is
1638	legally unenforceable in this state in whole or in part because
1639	the debt was incurred or contracted:
1640	(a)  In violation of any one of the following provisions of
1641	law:
1642	1.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1643	to dogracing and horseracing.
1644	2.  Chapter 550, relating to jai alai frontons.
1645	3.  Section 551.1113, relating to slot machine gaming.
1646	4.3.  Chapter 687, relating to interest and usury.
1647	5.4.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1648	s. 849.25, relating to gambling.
1649	(b)  In gambling activity in violation of federal law or in
1650	the business of lending money at a rate usurious under state or
1651	federal law.
1652	Section 7.  The Legislature has exclusive authority over
1653	the conduct of all wagering occurring at a slot machine facility
1654	in this state. Only the division and other authorized state
1655	agencies shall administer chapter 551, Florida Statutes, and
1656	regulate the slot machine gaming industry, including operation
1657	of slot machine facilities, games, slot machines, and
1658	centralized computer management systems authorized in chapter
1659	551 and the rules adopted by the division.
1660	Section 8.  Referenda.--
1661	(1)  Notwithstanding any other provision of law, a county
1662	in which a slot machine facility is located may call a
1663	referendum to give the voters an opportunity to deauthorize slot
1664	machine operations as an undue burden on the county, and shall
1665	call such referendum upon a petition signed by the lesser of
1666	10,000 electors or 1 percent of the electors residing within the
1667	county.
1668	(2)  When a referendum is called as a result of a petition
1669	having been signed by a sufficient number of the electors of a
1670	county, the county supervisor of elections shall conduct such
1671	referendum on the day of any state or county primary or general
1672	election that is being held for any purpose other than for the
1673	purpose of deauthorizing slot machine operations as an undue
1674	burden. The question on the ballot shall be:
1675	SHOULD THE OPERATION OF SLOT MACHINES IN [COUNTY NAME] BE
1676	DEAUTHORIZED AS AN UNDUE BURDEN UPON THE COUNTY?
1677	(3)  The results shall be certified to the Division of
1678	Elections of the Department of State.
1679	(4)  Notwithstanding any other provision of law, each
1680	municipality and county in which a slot machine facility is
1681	located and each municipality that is contiguous to a
1682	municipality where a slot machine facility is located may call a
1683	referendum to give the voters an opportunity to declare the slot
1684	machine operation an undue burden on the community, and shall
1685	call such referendum upon:
1686	(a)  Petition signed by the lesser of 1,000 electors or 5
1687	percent of the electors residing within the municipality; or
1688	(b)  Petition signed by the lesser of 10,000 electors or 1
1689	percent of the electors residing within the county.
1690	(5)  When a referendum is called as a result of a
1691	sufficient number of petitions having been signed by the
1692	electors of a county or municipality, the county supervisor of
1693	elections shall conduct such referendum on the day of any state,
1694	county, or municipal primary or general election or on the day
1695	of any election of such county or municipality that is being
1696	held for any purpose other than for the purpose of declaring
1697	whether the operation of slot machines is an undue burden. The
1698	question on the ballot shall be:
1699	SHOULD THE OPERATION OF SLOT MACHINES IN [NAME OF
1700	COUNTY][NAME OF MUNICIPALITY] OR IN A MUNICIPALITY
1701	CONTIGUOUS TO [NAME OF MUNICIPALITY] BE DECLARED AN UNDUE
1702	BURDEN?
1703	(6)  The results shall be transmitted to the board for its
1704	consideration and inclusion in its annual report and to the
1705	Office of Program Policy Analysis and Government Accountability
1706	for its use in conducting performance audits and evaluations.
1707	(7)  Once the question on the ballot has been placed before
1708	the electors of a county or municipality, the question shall not
1709	be presented in another referendum in that county or that
1710	municipality for at least 2 years.
1711	Section 9.  Any tribal-state compact relating to gaming
1712	activities which is entered into by an Indian tribe in this
1713	state and the Governor pursuant to the Indian Gaming Regulatory
1714	Act, 25 U.S.C. ss. 2701 et seq., must be conditioned upon
1715	ratification by the Legislature.
1716	Section 10.  Department of Transportation study of
1717	transportation facilities providing access to pari-mutuel
1718	facilities and Indian reservations; report and recommendations
1719	authorized.--
1720	(1)  The Department of Transportation is directed to
1721	conduct a study of the impacts that slot machine gaming at pari-
1722	mutuel facilities and on Indian reservation lands are having on
1723	public roads and other transportation facilities, regarding
1724	traffic congestion and other mobility issues, facility
1725	maintenance and repair costs, emergency evacuation readiness,
1726	costs of potential future widening or other improvements, and
1727	other impacts on the motoring, nongaming public.
1728	(2)  The study shall include, but is not limited to, the
1729	following information:
1730	(a)  A listing, description, and functional classification
1731	of the access roads to and from pari-mutuel facilities and
1732	Indian reservations that conduct slot machine gaming in the
1733	state.
1734	(b)  An identification of the access roads identified under
1735	paragraph (a) that are either scheduled for improvements within
1736	the Department of Transportation's 5-year work program or are
1737	listed on the 20-year, long-range transportation plan of the
1738	department or a metropolitan planning organization.
1739	(c)  The most recent traffic counts on the access roads and
1740	projected future usage, as well as any projections of impacts on
1741	secondary, feeder, or connector roads, interstate highway exit
1742	and entrance ramps, or other area transportation facilities.
1743	(d)  The safety and maintenance ratings of each access road
1744	and a detailed review of impacts on local and state emergency
1745	management agencies to provide emergency or evacuation services.
1746	(e)  The estimated infrastructure costs to maintain,
1747	improve, or widen these access roads based on future projected
1748	needs.
1749	(f)  The feasibility of implementing tolls on these access
1750	roads or, if already tolled, raising the toll to offset and
1751	mitigate the impacts of traffic generated by pari-mutuel and by
1752	Indian reservation slot machine gaming activities on nontribal
1753	communities in the state and to finance projected future
1754	improvements to the access roads.
1755	(3)  The department shall present its findings and
1756	recommendations in a report to be submitted to the Governor, the
1757	President of the Senate, and the Speaker of the House of
1758	Representatives by January 15, 2006. The report may include any
1759	department recommendations for proposed legislation.
1760	Section 11.  (1)  Sixty-four full-time equivalent positions
1761	are authorized and the sum of $4,792,259 in recurring and
1762	$4,036,486 in nonrecurring funds is hereby appropriated from the
1763	Slot Machine Administrative Trust Fund in the Department of
1764	Business and Professional Regulation for the purpose of carrying
1765	out all regulatory activities provided herein. The Executive
1766	Office of the Governor shall place these funds and positions in
1767	reserve until such time as the Department of Business and
1768	Professional Regulation submits an expenditure plan for approval
1769	to the Executive Office of the Governor, and the chair and vice
1770	chair of the Legislative Budget Commission in accordance with
1771	the provisions of section 216.177, Florida Statutes.
1772	(2)  The sum of $2,634,349 in recurring and $1,814,916 in
1773	nonrecurring funds is hereby appropriated from the Slot Machine
1774	Administrative Trust Fund in the Department of Business and
1775	Professional Regulation for transfer to the Department of Law
1776	Enforcement for the purpose of investigations, intelligence
1777	gathering, background investigations, and any other
1778	responsibilities as provided for herein. Fifty-seven full-time
1779	equivalent positions are authorized and the sum of $2,634,349 in
1780	recurring and $1,814,916 in nonrecurring funds is hereby
1781	appropriated from the Operating Trust Fund in the Department of
1782	Law Enforcement for the purpose of investigations, intelligence
1783	gathering, background investigations, and any other
1784	responsibilities as provided for herein. The Executive Office of
1785	the Governor shall place these funds and positions in reserve
1786	until such time as the Department of Law Enforcement submits an
1787	expenditure plan for approval to the Executive Office of the
1788	Governor and the chair and vice chair of the Legislative Budget
1789	Commission in accordance with the provisions of section 216.177,
1790	Florida Statutes.
1791	(3)  The sum of $158,154 in recurring and $24,498 in
1792	nonrecurring funds is hereby appropriated from the Slot Machine
1793	Administrative Trust Fund in the Department of Business and
1794	Professional Regulation for transfer to the Office of the State
1795	Attorney, 17th Judicial Circuit, for the purpose of prosecution
1796	of offenses associated with gaming operations. Ten full-time
1797	equivalent positions are authorized and the sum of $158,154 in
1798	recurring and $24,498 in nonrecurring funds is hereby
1799	appropriated from the Grants and Donations Trust Fund in the
1800	Office of the State Attorney, 17th Judicial Circuit, for the
1801	purpose of prosecution of offenses associated with gaming
1802	operations. The Executive Office of the Governor shall place
1803	these funds and positions in reserve until such time as the
1804	Office of the State Attorney, 17th Judicial Circuit, submits an
1805	expenditure plan for approval to the Executive Office of the
1806	Governor and the chair and vice chair of the Legislative Budget
1807	Commission in accordance with the provisions of section 216.177,
1808	Florida Statutes.
1809	Section 12.  This act shall take effect July 1, 2005.

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