Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SPB 7088
Ì383092*Î383092
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
04/10/2015 .
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The Committee on Regulated Industries (Abruzzo, Latvala,
Richter, and Sachs) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 39 - 45
4 and insert:
5 Gaming Compact may also be amended to exempt slot machine gaming
6 conducted by slot machine licensees authorized pursuant to s.
7 551.102(4)(c) from the Tribe’s exclusive gaming rights. If the
8 Gaming Compact is amended to exempt such slot machine gaming,
9 the slot machine tax payments paid by such slot machine
10 licensees shall be allocated in the following manner:
11 1. The division shall remit 10 percent of the slot machine
12 tax payments to a thoroughbred facility that does not conduct
13 slot machine gaming. The facility must use this allocation to
14 supplement thoroughbred purses at the facility. If more than one
15 facility is eligible for such an allocation, the division shall
16 split equally the allocation between the eligible facilities.
17 The remittance shall be remitted to the facility within 30 days
18 after the conclusion of the state’s fiscal year.
19 2. The Tribe’s revenue sharing payment shall be reduced by
20 an amount equal to 90 percent of the slot machine taxes paid by
21 such licensees in the preceding year.
22 (c) The Governor is authorized and directed to cooperate
23 with the Tribe in seeking approval of an amendment to the
24 compact from the United States Secretary of the Interior.
25 Notwithstanding paragraph (8)(f) and s. 285.712, the amendment
26 of the compact to provide for the conduct of banking or banked
27 card games and the amendment to exempt specified slot machine
28 licensees from the Tribe’s exclusive gaming rights do not
29 require legislative ratification if they strictly conform to
30 this subsection.
31 Section 2. Section 551.101, Florida Statutes, is amended to
32 read:
33 551.101 Slot machine gaming authorized.—Any licensed pari
34 mutuel facility located in Miami-Dade County or Broward County
35 existing at the time of adoption of s. 23, Art. X of the State
36 Constitution that has conducted live racing or games during
37 calendar years 2002 and 2003 may possess slot machines in
38 compliance with this chapter and conduct slot machine gaming at
39 the location where the pari-mutuel permitholder is authorized to
40 conduct pari-mutuel wagering activities pursuant to such
41 permitholder’s valid pari-mutuel permit provided that a majority
42 of voters in a countywide referendum have approved slot machines
43 at such facility in the respective county. Notwithstanding any
44 other provision of law, it is not a crime for a person to
45 participate in slot machine gaming at a pari-mutuel facility
46 licensed to possess slot machines and conduct slot machine
47 gaming or to participate in slot machine gaming described in
48 this chapter.
49 Section 3. Subsection (4) of section 551.102, Florida
50 Statutes, is amended to read:
51 551.102 Definitions.—As used in this chapter, the term:
52 (4) “Eligible facility” means:
53 (a) Any licensed pari-mutuel facility located in Miami-Dade
54 County or Broward County existing at the time of adoption of s.
55 23, Art. X of the State Constitution that has conducted live
56 racing or games during calendar years 2002 and 2003 and has been
57 approved by a majority of voters in a countywide referendum to
58 have slot machines at such facility in the respective county;
59 (b) Any licensed pari-mutuel facility located within a
60 county as defined in s. 125.011, provided such facility has
61 conducted live racing for 2 consecutive calendar years
62 immediately preceding its application for a slot machine
63 license, pays the required license fee, and meets the other
64 requirements of this chapter; or
65 (c) A any licensed pari-mutuel facility located in a any
66 other county in which a majority of voters have approved slot
67 machines at eligible such facilities in a countywide referendum
68 held concurrently with a general election in which the offices
69 of President and Vice President of the United States were on the
70 ballot if the permitholder has conducted at least 250 live
71 performances at the facility in accordance with that
72 permitholder’s annual operating license for 25 consecutive
73 pursuant to a statutory or constitutional authorization after
74 the effective date of this section in the respective county,
75 provided such facility has conducted a full schedule of live
76 racing for 2 consecutive calendar years immediately preceding
77 its initial application for a slot machine license, pays the
78 required licensed fee, and meets the other requirements of this
79 chapter. However, a license to conduct slot machine gaming may
80 not be granted by the department pursuant to this paragraph
81 unless the Gaming Compact between the Seminole Tribe of Florida
82 and the State of Florida, authorized pursuant to s. 285.710, is
83 amended to exempt the slot machine gaming conducted by slot
84 machine licensees from the Seminole Tribe of Florida’s exclusive
85 gaming rights.
86 Section 4. Subsection (2) of section 551.104, Florida
87 Statues, is amended to read:
88 551.104 License to conduct slot machine gaming.—
89 (2) An application may be approved by the division only
90 after the voters of the county where the applicant’s facility is
91 located have authorized by referendum slot machines within pari
92 mutuel facilities in compliance with this chapter that county as
93 specified in s. 23, Art. X of the State Constitution.
94
95 ================= T I T L E A M E N D M E N T ================
96 And the title is amended as follows:
97 Delete lines 1 - 12
98 and insert:
99 An act relating to gaming; amending s. 285.710, F.S.;
100 authorizing and directing the Governor to execute a
101 specified written amendment to the Gaming Compact
102 between the Seminole Tribe of Florida and the State of
103 Florida; providing that the compact may be amended to
104 exempt slot machine gaming in certain circumstances;
105 requiring slot machine tax payments paid by slot
106 machine licensees to be allocated in a specified
107 manner; authorizing and directing the Governor to
108 cooperate with the Tribe in seeking approval of an
109 amendment; providing that the amendment of the compact
110 does not require legislative ratification in certain
111 circumstances; amending s. 551.101, F.S.; authorizing
112 a licensed pari-mutuel facility to possess slot
113 machines and conduct slot machine gaming in certain
114 circumstances; amending s. 551.102, F.S.; revising the
115 term “eligible facility”; amending s. 551.104, F.S.;
116 conforming a provision to a change made by this act;
117 providing an