Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1126

939906

CHAMBER ACTION

Senate

Comm: WD

3/25/2008

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House



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The Committee on Regulated Industries (King) recommended the

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following amendment:

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     Senate Amendment

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     Delete line(s) 6200-6255

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and insert:

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     (1)(a)1. Nothing contained in This chapter does not apply

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shall be taken or construed as applicable to an arcade amusement

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center having amusement games or machines that which operate by

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means of the insertion of a coin or other currency and that which

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by application of skill may entitles the person playing or

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operating the game or machine to receive points or coupons that

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which may be exchanged for merchandise limited to noncash prizes,

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toys, novelties, and Florida lottery products only, excluding

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cash and alcoholic beverages, provided the cost value of the

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merchandise or prize awarded in exchange for such points or

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coupons does not exceed 75 cents on any game played. This

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subsection does not apply, however, to any game or device defined

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as a gambling device in 15 U.S.C. s. 1171, which requires

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identification of each device by permanently affixing seriatim

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numbering and name, trade name, and date of manufacture under s.

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1173, and registration with the United States Attorney General,

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unless excluded from applicability of the chapter under s. 1178.

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This subsection does not authorize video poker games or any other

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game or machine that may be construed as a gambling device under

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Florida law.

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     (b)2. Nothing contained in This chapter and this section

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does not apply shall be taken or construed as applicable to any

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retail dealer who operates as a truck stop, as defined in chapter

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336 and which operates a minimum of 6 functional diesel fuel

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pumps, having amusement games or machines which operate by means

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of the insertion of a coin or other currency and that which by

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application of skill may entitles the person playing or operating

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the game or machine to receive points or coupons that which may

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be exchanged for merchandise limited to noncash prizes, toys,

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novelties, and Florida Lottery products, excluding alcoholic

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beverages, provided the cost value of the merchandise or prize

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awarded in exchange for such points or coupons does not exceed 75

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cents on any game played. This subparagraph applies only to games

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and machines that which are operated for the entertainment of the

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general public and tourists as bona fide amusement games or

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machines. This subsection does shall not apply, however, to any

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game or device defined as a gambling device in 15 24 U.S.C. s.

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1171, which requires identification of each device by permanently

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affixing seriatim numbering and name, trade name, and date of

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manufacture under s. 1173, and registration with the United

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States Attorney General, unless excluded from applicability of

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the chapter under s. 1178. This subsection does shall not be

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construed to authorize video poker games or any other game or

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machine that may be construed as a gambling device under Florida

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law.

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     (c)(b) Nothing in This section subsection does not apply

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shall be taken or construed as applicable to a coin-operated game

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or device designed and manufactured only for bona fide amusement

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purposes which game or device may by application of skill entitle

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the player to replay the game or device at no additional cost, if

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the game or device: can accumulate and react to no more than 15

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free replays; can be discharged of accumulated free replays only

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by reactivating the game or device for one additional play for

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such accumulated free replay; can make no permanent record,

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directly or indirectly, of free replays; and is not classified by

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the United States as a gambling device in 15 24 U.S.C. s. 1171,

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which requires identification of each device by permanently

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affixing seriatim numbering and name, trade name, and date of

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manufacture under s. 1173, and registration with the United

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States Attorney General, unless excluded from applicability of

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the chapter under s. 1178. This subsection does shall not be

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construed to authorize video poker games, or any other game or

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machine that may be construed as a gambling device under Florida

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law.

3/23/2008  4:11:00 PM     RI.RI.05524

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