House Bill 4011

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    Florida House of Representatives - 2000                HB 4011

        By the Committee on Rules & Calendar and Representative
    Bitner





  1                      A bill to be entitled

  2         An act relating to the Florida Statutes;

  3         repealing or deleting various statutory

  4         provisions that have become obsolete, have had

  5         their effect, have served their purpose, or

  6         have been impliedly repealed or superseded;

  7         amending s. 24.104, F.S.; removing duplicative

  8         provisions relating to organization of the

  9         Department of the Lottery; repealing s.

10         24.105(2)(b), F.S., relating to dates for

11         initiation of the public sale of lottery

12         tickets for instant and on-line games; amending

13         s. 210.10, F.S., relating to general powers of

14         the Division of Alcoholic Beverages and

15         Tobacco; correcting an obsolete cross

16         reference; amending ss. 210.151, 210.1605,

17         210.405, and 210.51, F.S.; revising provisions

18         relating to initial temporary permits and

19         renewal of permits to separate provisions

20         relating solely to cigarettes from those

21         relating to other tobacco products; correcting

22         terminology; repealing s. 550.01215(2), (3),

23         and (10), F.S., relating to conduct of

24         performances during fiscal year 1996-1997 for

25         horserace and greyhound permitholders and

26         during fiscal year 1998-1999 for jai alai

27         permitholders; amending s. 550.09514, F.S.;

28         deleting a provision that established the purse

29         requirements for greyhound permitholders for

30         fiscal year 1996-1997; repealing s. 550.72,

31         F.S., relating to a feasibility study of state

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  1         or municipal ownership of Hialeah Park;

  2         amending s. 552.093, F.S.; deleting a provision

  3         that allowed persons holding a valid explosives

  4         license or permit for the period 1976-1977 to

  5         be issued a license or permit without taking a

  6         competency examination; providing an effective

  7         date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 24.104, Florida Statutes, is

12  amended to read:

13         24.104  Purpose of department of the Lottery.--There is

14  created a Department of the Lottery.

15         (1)(a)  The head of the Department of the Lottery is

16  the Secretary of the Department of the Lottery.  The secretary

17  shall be appointed by the Governor subject to the confirmation

18  of the Senate.  The secretary shall serve at the pleasure of

19  the Governor. The compensation of the secretary shall be set

20  annually by executive order of the Governor.

21         (b)  It is the intent of the Legislature that, prior to

22  appointing a secretary of the department, the Governor conduct

23  a thorough search to find the most qualified appointee

24  available.  In conducting such search, the Governor shall

25  emphasize such considerations as business management

26  experience, marketing experience, computer experience, and

27  lottery management experience.

28         (2)  The purpose of the department is to operate the

29  state lottery as authorized by s. 15, Art. X of the State

30  Constitution so as to maximize revenues in a manner consonant

31  with the dignity of the state and the welfare of its citizens.

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  1         (3)  Any provision of law to the contrary

  2  notwithstanding, the secretary may create divisions and

  3  bureaus within the department and allocate the various

  4  functions of the department among such divisions and bureaus.

  5  However, in order to promote and protect the integrity of and

  6  the public confidence in the state lottery, there is created a

  7  Division of Security within the department.

  8         (4)  The headquarters of the department shall be

  9  located in Tallahassee.  However, the department may establish

10  such regional offices throughout the state as the secretary

11  deems necessary to the efficient operation of the state

12  lottery.

13         Section 2.  Paragraph (b) of subsection (2) of section

14  24.105, Florida Statutes, is repealed.

15         Section 3.  Subsection (2) of section 210.10, Florida

16  Statutes, is amended to read:

17         210.10  General powers of the Division of Alcoholic

18  Beverages and Tobacco.--

19         (2)  The division and all officers and employees under

20  this part shall, in the administration thereof and in the

21  administration of the State Beverage Law, have all the

22  authority and power vested in officers and employees of the

23  division as provided by s. 20.165(9) 561.07, and such power

24  and authority is hereby conferred upon the division and all

25  officers and employees under this part with respect to the

26  administration of this part and also with respect to the

27  administration of the Beverage Law.

28         Section 4.  Section 210.151, Florida Statutes, is

29  amended to read:

30         210.151  Initial temporary cigarette and other tobacco

31  products permits.--When a person has filed a completed

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  1  application which does not on its face disclose any reason for

  2  denying a cigarette permit under s. 210.15, or other tobacco

  3  products permit under s. 210.40, the Division of Alcoholic

  4  Beverages and Tobacco of the Department of Business and

  5  Professional Regulation shall issue a temporary initial permit

  6  of the same type and series for which the application has been

  7  submitted, which is valid for all purposes under this chapter.

  8         (1)  A temporary initial permit shall be valid for up

  9  to 90 days and may be extended by the division for up to an

10  additional 90 days for good cause. The division may at any

11  time during such period grant or deny the permit applied for,

12  notwithstanding s. 120.60.

13         (2)  A temporary initial permit expires and may not be

14  continued or extended beyond the date the division denies the

15  permit applied for; beyond 14 days after the date the division

16  approves the permit applied for; beyond the date the applicant

17  pays the permit fee and the division issues the permit applied

18  for; or beyond the date the temporary permit otherwise expires

19  by law, whichever date occurs first.

20         (3)  Each applicant seeking a temporary initial

21  cigarette permit shall pay to the division for such permit a

22  fee of $100. Each applicant seeking a temporary initial permit

23  for other tobacco products shall pay to the division for such

24  permit a fee of $25.

25         (4)  Any fee or penalty collected under the provisions

26  of this section act shall be deposited into the Alcoholic

27  Beverage and Tobacco Trust Fund.

28         Section 5.  Subsection (2) of section 210.1605, Florida

29  Statutes, is amended to read:

30         210.1605  Renewal of permit.--

31

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  1         (2)  Any fee or penalty collected under the provisions

  2  of this section act shall be deposited into the Alcoholic

  3  Beverage and Tobacco Trust Fund.

  4         Section 6.  Section 210.405, Florida Statutes, is

  5  amended to read:

  6         210.405  Initial temporary permits for cigarette and

  7  other tobacco products permits.--When a person has filed a

  8  completed application which does not on its face disclose any

  9  reason for denying a cigarette permit for under s. 210.15, or

10  other tobacco products permit under s. 210.40, the Division of

11  Alcoholic Beverages and Tobacco of the Department of Business

12  and Professional Regulation shall issue a temporary initial

13  permit of the same type and series for which the application

14  has been submitted, which is valid for all purposes under this

15  chapter.

16         (1)  A temporary initial permit shall be valid for up

17  to 90 days and may be extended by the division for up to an

18  additional 90 days for good cause. The division may at any

19  time during such period grant or deny the permit applied for,

20  notwithstanding s. 120.60.

21         (2)  A temporary initial permit expires and may not be

22  continued or extended beyond the date the division denies the

23  permit applied for; beyond 14 days after the date the division

24  approves the permit applied for; beyond the date the applicant

25  pays the permit fee and the division issues the permit applied

26  for; or beyond the date the temporary permit otherwise expires

27  by law, whichever date occurs first.

28         (3)  Each applicant seeking a temporary initial

29  cigarette permit shall pay to the division for such permit a

30  fee of $100. Each applicant seeking a temporary initial permit

31

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  1  for other tobacco products shall pay to the division for such

  2  permit a fee of $25.

  3         (4)  Any fee or penalty collected under the provisions

  4  of this section act shall be deposited into the Alcoholic

  5  Beverage and Tobacco Trust Fund.

  6         Section 7.  Subsection (2) of section 210.51, Florida

  7  Statutes, is amended to read:

  8         210.51  Renewal of permit.--

  9         (2)  Any fee or penalty collected under the provisions

10  of this section act shall be deposited into the Alcoholic

11  Beverage and Tobacco Trust Fund.

12         Section 8.  Subsections (2), (3), and (10) of section

13  550.01215, Florida Statutes, are repealed.

14         Section 9.  Paragraph (b) of subsection (2) of section

15  550.09514, Florida Statutes, is amended to read:

16         550.09514  Greyhound dogracing taxes; purse

17  requirements.--

18         (2)

19         (b)1.  Except as otherwise provided herein, in addition

20  to the minimum purse percentage required by paragraph (a),

21  each permitholder shall pay as purses, for fiscal year

22  1996-1997, an amount equal to 75 percent of the permitholder's

23  tax credit pursuant to s. 550.0951(1).

24         2.  Except as otherwise set forth herein, in addition

25  to the minimum purse percentage required by paragraph (a),

26  beginning July 1, 1997, each permitholder shall pay as purses

27  an annual amount equal to 75 percent of the daily license fees

28  paid by each permitholder for the 1994-1995 fiscal year. This

29  purse supplement shall be disbursed weekly during the

30  permitholder's race meet in an amount determined by dividing

31  the annual purse supplement by the number of performances

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  1  approved for the permitholder pursuant to its annual license

  2  and multiplying that amount by the number of performances

  3  conducted each week. For the greyhound permitholders in the

  4  county where there are two greyhound permitholders located as

  5  specified in s. 550.615(6), such permitholders shall pay in

  6  the aggregate an amount equal to 75 percent of the daily

  7  license fees paid by such permitholders for the 1994-1995

  8  fiscal year. These permitholders shall be jointly and

  9  severally liable for such purse payments.  The additional

10  purses provided by this paragraph must be used exclusively for

11  purses other than stakes.  The division shall conduct audits

12  necessary to ensure compliance with this section.

13         Section 10.  Section 550.72, Florida Statutes, is

14  repealed.

15         Section 11.  Subsections (2) and (3) of section

16  552.093, Florida Statutes, are amended to read:

17         552.093  Competency examinations required;

18  exceptions.--

19         (2)  Any licensee or permittee who possesses, on

20  October 1, 1977, a valid license or permit for the period

21  1976-1977 shall, upon proper application, be issued a license

22  or permit without being required to submit to an examination

23  of competency. Any licensee or permittee who allows his or her

24  license to lapse or whose license or permit is suspended or

25  revoked shall be required to submit to and satisfactorily pass

26  an examination prior to issuance of a license or permit.

27         (3)  Each applicant required to submit to a competency

28  examination shall be required to pay an examination fee of $30

29  upon application for the required license or permit, which fee

30  shall apply to one scheduled examination attempt.  Such fee

31  shall not be refundable in the event the applicant does not

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  1  appear for examination or does not successfully pass the

  2  examination.  If the applicant does not appear for examination

  3  or does not successfully pass the examination, the applicant

  4  shall submit an additional $30 fee for each examination

  5  scheduled.

  6         Section 12.  This act shall take effect upon becoming a

  7  law.

  8

  9            *****************************************

10                          HOUSE SUMMARY

11
      Repeals or deletes various statutory provisions that have
12    become obsolete, have had their effect, have served their
      purpose, or have been impliedly repealed or superseded.
13    Repeals or deletes provisions relating to organization of
      the Department of the Lottery; conduct of performances
14    during fiscal year 1996-1997 for horserace and greyhound
      permitholders and during fiscal year 1998-1999 for jai
15    alai permitholders; a provision that established the
      purse requirements for greyhound permitholders for fiscal
16    year 1996-1997; a feasibility study of state or municipal
      ownership of Hialeah Park; and a provision that allowed
17    persons holding a valid explosives license or permit for
      the period 1976-1977 to be issued such a license or
18    permit without taking a competency examination. Revises
      provisions relating to initial temporary permits and
19    renewal of permits to separate provisions relating solely
      to cigarettes from those relating to other tobacco
20    products.

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