CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Barreiro offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Section 24.101, Florida Statutes, is
18 amended to read:
19 24.101 Short title.--This chapter act may be cited as
20 the "Florida Public Education Lottery Chapter Act."
21 Section 2. Subsection (1) and paragraph (a) of
22 subsection (2) of section 24.102, Florida Statutes, are
23 amended to read:
24 24.102 Purpose and intent.--
25 (1) The purpose of this chapter act is to implement s.
26 15, Art. X of the State Constitution in a manner that enables
27 the people of the state to benefit from significant additional
28 moneys for education and also enables the people of the state
29 to play the best lottery games available.
30 (2) The intent of the Legislature is:
31 (a) That the net proceeds of lottery games conducted
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 pursuant to this chapter act be used to support improvements
2 in public education and that such proceeds not be used as a
3 substitute for existing resources for public education.
4 Section 3. The introductory paragraph and subsections
5 (7), (8), (9), and (10) are added to section 24.103, Florida
6 Statutes, to read:
7 24.103 Definitions.--As used in this chapter act:
8 (7) "Video lottery game" means an electronically
9 simulated game involving any element of chance that is played
10 on a video lottery terminal that, upon insertion of cash,
11 tokens, credits, or voucher, is available to play or simulate
12 a lottery-type game, including, but not limited to, line-up
13 games utilizing a video display and microprocessors, and in
14 which, by means of an element of chance, the player may
15 receive credits that can be redeemed for cash. "Video lottery
16 game" also means an electronically simulated game involving
17 elements of chance and skill that is played on a video lottery
18 terminal that, upon insertion of cash, tokens, credits, or
19 voucher, is available to play or simulate the play of
20 traditional card games including, but not limited to, video
21 poker, utilizing a cathode ray tube or video display screen
22 and microprocessors, and in which the player may win credits
23 that can be redeemed for cash. "Video lottery game" also
24 includes a progressive game, which is any game in which a
25 jackpot grows and accumulates as it is being played on a video
26 lottery terminal, or on a network of video lottery terminals,
27 and in which the outcome is randomly determined by the play of
28 video lottery terminals linked by a central network. A video
29 lottery terminal may use spinning reels or video displays, or
30 both. No video lottery terminal shall directly dispense coins,
31 cash, or tokens.
2
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (8) "Video lottery terminal vendor" means any person
2 or entity approved by the department which provides the video
3 lottery terminals to a video lottery retailer or computer
4 functions related to video lottery terminals to the
5 department.
6 (9) "Net terminal income" means currency and other
7 consideration placed into a video lottery terminal minus
8 credits redeemed by players.
9 (10) "Video lottery retailer" means any person who
10 possesses a pari-mutuel permit on July 1, 2001, issued
11 pursuant to chapter 550, who either has conducted a full
12 schedule of live greyhound, horse, or harness racing between
13 July 1, 2000, and June 30, 2001, as defined by s. 550.002(11),
14 or has conducted at least one full schedule of live jai alai
15 games between January 1, 1990, and June 30, 2001, as defined
16 by s. 550.002(11), or is authorized to receive broadcasts of
17 horseraces pursuant to s. 550.615.
18 Section 4. Subsection (7) and paragraph (a) of
19 subsection (9) of section 24.105, Florida Statutes, are
20 amended, paragraphs (k), (l), and (m) are added to subsection
21 (9), and subsections (21), (22), (23), (24), (25), and (26)
22 are added to said section, to read:
23 24.105 Powers and duties of department.--The
24 department shall:
25 (7) Make a continuing study of the lottery to
26 ascertain any defects of the laws governing the lottery this
27 act or rules adopted thereunder which could result in abuses
28 in the administration of the lottery; make a continuing study
29 of the operation and the administration of similar laws in
30 other states and of federal laws which may affect the lottery;
31 and make a continuing study of the reaction of the public to
3
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 existing and potential features of the lottery.
2 (9) Adopt rules governing the establishment and
3 operation of the state lottery, including:
4 (a) The type of lottery games to be conducted, except
5 that:
6 1. No name of an elected official shall appear on the
7 ticket or play slip of any lottery game or on any prize or on
8 any instrument used for the payment of prizes, unless such
9 prize is in the form of a state warrant.
10 2. No coins or currency shall be dispensed from any
11 electronic computer terminal or device used in any lottery
12 game.
13 3. Other than as provided in subparagraph 4., no
14 terminal or device may be used for any lottery game which may
15 be operated solely by the player without the assistance of the
16 retailer, except authorized video lottery terminals operated
17 pursuant to this chapter.
18 4. The only player-activated machine which may be
19 utilized is a machine which dispenses instant lottery game
20 tickets following the insertion of a coin or currency by a
21 ticket purchaser. To be authorized a machine must: be under
22 the supervision and within the direct line of sight of the
23 lottery retailer to ensure that the machine is monitored and
24 only operated by persons at least 18 years of age; be capable
25 of being electronically deactivated by the retailer to
26 prohibit use by persons less than 18 years of age through the
27 use of a lockout device that maintains the machine's
28 deactivation for a period of no less than 5 minutes; and be
29 designed to prevent its use or conversion for use in any
30 manner other than the dispensing of instant lottery tickets.
31 Authorized machines may dispense change to players purchasing
4
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 tickets but may not be utilized for paying the holders of
2 winning tickets of any kind. At least one clerk must be on
3 duty at the lottery retailer while the machine is in
4 operation. However, at least two clerks must be on duty at any
5 lottery location which has violated s. 24.1055.
6 (k) The regulation of video lottery retailers as
7 pertains to video lottery products.
8 (l) Specifications for video lottery terminals to be
9 approved and authorized as the department deems necessary to
10 maintain the integrity of video lottery games and terminals.
11 Initial rules sufficient to permit the operation of video
12 lotteries and the licensing of video lottery retailers shall
13 be adopted no later than August 1, 2002. The department shall
14 not provide for specifications which would have the result of
15 reducing to fewer than four the number of video lottery
16 terminal vendors who supply terminals which meet the
17 specifications.
18 (m) The licensure and regulation of video lottery
19 terminal vendors. The department shall not approve any person
20 as a video lottery terminal vendor if such person has an
21 interest in a video lottery retailer or a business
22 relationship with a video lottery retailer other than as a
23 vendor or lessor of video lottery terminals.
24 (21) Have in place the capacity to support video
25 lottery games at facilities of video lottery retailers
26 beginning no later than October 1, 2002.
27 (22) Hear and decide promptly and in reasonable order
28 all license applications or proceedings for suspension or
29 revocation of licenses.
30 (23) Collect and disperse such revenue due the
31 department as described in this chapter.
5
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (24) Certify net terminal income by inspecting
2 records, conducting audits, or any other reasonable means.
3 (25) Provide a list of approved vendors and maintain a
4 current list of all contracts between video lottery terminal
5 vendors and video lottery retailers.
6 (26) Approve an application as a video lottery
7 retailer pursuant to s. 24.103(10) within 30 days after the
8 receipt of the application.
9 Section 5. Section 24.1055, Florida Statutes, is
10 amended to read:
11 24.1055 Prohibition against sale of lottery tickets to
12 minors; posting of signs; penalties.--
13 (1) No person who is less than 18 years of age may
14 purchase a lottery ticket by means of a machine or otherwise.
15 (2) Any retailer that sells lottery tickets by means
16 of a player activated machine shall post a clear and
17 conspicuous sign on such machine, which states the following:
18 THE SALE OF LOTTERY TICKETS TO PERSONS UNDER
19 THE AGE OF 18 IS AGAINST FLORIDA LAW (SECTION
20 24.1055 24.105, FLORIDA STATUTES). PROOF OF
21 AGE IS REQUIRED FOR PURCHASE.
22 (3) No person who is less than 18 years of age may
23 play a video lottery game authorized by this chapter.
24 (4) Any video lottery retailer that has a video
25 lottery terminal at its facility shall post a clear and
26 conspicuous sign on such terminal, which states the following:
27 THE USE OF A VIDEO LOTTERY TERMINAL BY PERSONS
28 UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW
29 (SECTION 24.1055, FLORIDA STATUTES). PROOF OF
30 AGE IS REQUIRED FOR USE.
31 (5)(3) Any person, including any vendor or video
6
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 lottery retailer, who violates this section is guilty of a
2 misdemeanor of the second degree, punishable as provided in s.
3 775.082 or s. 775.083.
4 Section 6. Subsection (5) and paragraph (b) of
5 subsection (7) of section 24.108, Florida Statutes, are
6 amended to read:
7 24.108 Division of Security; duties; security
8 report.--
9 (5) The Department of Law Enforcement shall provide
10 assistance in obtaining criminal history information relevant
11 to investigations required for honest, secure, and exemplary
12 lottery operations, and such other assistance as may be
13 requested by the secretary and agreed to by the executive
14 director of the Department of Law Enforcement. Any other state
15 agency, including the Department of Business and Professional
16 Regulation and the Department of Revenue, shall, upon request,
17 provide the Department of the Lottery with any information
18 relevant to any investigation conducted pursuant to this
19 chapter act. The Department of the Lottery shall maintain the
20 confidentiality of any confidential information it receives
21 from any other agency. The Department of the Lottery shall
22 reimburse any agency for the actual cost of providing any
23 assistance pursuant to this subsection.
24 (7)
25 (b) The portion of the security report containing the
26 overall evaluation of the department in terms of each aspect
27 of security shall be presented to the Governor, the President
28 of the Senate, and the Speaker of the House of
29 Representatives. The portion of the security report
30 containing specific recommendations shall be confidential and
31 shall be presented only to the secretary, the Governor, and
7
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the Auditor General; however, upon certification that such
2 information is necessary for the purpose of effecting
3 legislative changes, such information shall be disclosed to
4 the President of the Senate and the Speaker of the House of
5 Representatives, who may disclose such information to members
6 of the Legislature and legislative staff as necessary to
7 effect such purpose. However, any person who receives a copy
8 of such information or other information which is confidential
9 pursuant to this chapter act or rule of the department shall
10 maintain its confidentiality. The confidential portion of the
11 report is exempt from the provisions of s. 119.07(1) and s.
12 24(a), Art. I of the State Constitution.
13 Section 7. Subsection (1) of section 24.111, Florida
14 Statutes, is amended to read:
15 24.111 Vendors; disclosure and contract
16 requirements.--
17 (1) The department may enter into contracts for the
18 purchase, lease, or lease-purchase of such goods or services
19 as are necessary for effectuating the purposes of this chapter
20 act. The department may not contract with any person or
21 entity for the total operation and administration of the state
22 lottery established by this chapter act but may make
23 procurements which integrate functions such as lottery game
24 design, supply of goods and services, and advertising. In all
25 procurement decisions, the department shall take into account
26 the particularly sensitive nature of the state lottery and
27 shall consider the competence, quality of product, experience,
28 and timely performance of the vendors in order to promote and
29 ensure security, honesty, fairness, and integrity in the
30 operation and administration of the lottery and the objective
31 of raising net revenues for the benefit of the public purpose
8
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 described in this chapter act.
2 Section 8. Section 24.1121, Florida Statutes, is
3 created to read:
4 24.1121 Video lottery games.--
5 (1) Video lottery games may only be offered by a video
6 lottery retailer at its pari-mutuel facility. During any
7 calendar year in which a video lottery retailer maintains
8 video lottery terminals within the confines of its pari-mutuel
9 facility, the video lottery retailer must conduct a full
10 schedule of live racing or games as defined in s. 550.002(11)
11 or be authorized to receive broadcasts of horseraces pursuant
12 to s. 550.615. In the case of a person who possesses a
13 greyhound racing permit or a jai alai permit, such person
14 shall be eligible to serve as a video lottery retailer only if
15 that permitholder also conducted, during the prior fiscal
16 year, no fewer than 80 percent of the number of performances
17 and no fewer than 80 percent of the number of live races or
18 games which the same permitholder conducted during the
19 2001-2002 state fiscal year. The department may waive the
20 requirements provided in this subsection relating to the
21 conducting of live races or games upon a showing that the
22 failure to conduct such games resulted from a natural disaster
23 or other acts beyond the control of the permitholder. If the
24 video lottery retailer fails to comply with the requirement to
25 conduct a full schedule of races or games or, if a greyhound
26 racing permitholder or jai alai permitholder, the video
27 lottery retailer failed in the previous fiscal year to conduct
28 the required number of live races or games, the department
29 shall order the video lottery retailer to suspend its video
30 lottery operation within 30 days after written notice from the
31 department. The department may assess an administrative fine
9
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 not to exceed $5,000 per video lottery terminal, per day,
2 against any video lottery retailer who fails to suspend its
3 video lottery operation when ordered to suspend by the
4 department. The department may enforce its order of suspension
5 or any administrative fine assessed in furtherance of such
6 order as provided in s. 120.69. Each video lottery retailer
7 shall post a bond payable to the state in an amount determined
8 by the department that is sufficient to guarantee payment to
9 the state of revenue due in any payment period.
10 (2) Each pari-mutuel permitholder shall notify the
11 department prior to operating video lottery games at the
12 pari-mutuel facility.
13 (3) To facilitate the auditing and security programs
14 critical to the integrity of the video lottery system, the
15 department shall have overall control of the entire system.
16 Each video lottery terminal shall be linked, directly or
17 indirectly, to a computer system under the control of the
18 department.
19 (4) The department shall determine, by rule, the
20 method by which cash receipts will be electronically validated
21 and redeemed.
22 (5) No person under the age of 18 years may play a
23 video lottery game authorized by this chapter.
24 (6) Video lottery games may be played at an authorized
25 video lottery retailer's pari-mutuel facility even if such
26 retailer is not conducting a pari-mutuel event.
27 (7) Video lottery games shall pay out a minimum of 88
28 percent of the amount of cash, tokens, credits, or vouchers
29 put into a video lottery terminal. The department may permit
30 the payment of a lesser percentage if requested by a video
31 lottery retailer and the department determines that the
10
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 payment of a minimum of 88 percent is not financially viable
2 at the video lottery retailer's location and that the total
3 amount of net revenue payable to the Public Education Capital
4 Outlay and Debt Service Trust Fund will not be negatively
5 impacted. Such percentages shall be measured on an annual
6 basis.
7 (8) Income derived from video lottery operations shall
8 not be subject to the provisions of s. 24.121. The allocation
9 of net terminal income derived from video lottery games shall
10 be as follows:
11 (a) Thirty-six percent to the Video Lottery
12 Administrative Trust Fund of the department for transfer to
13 the Public Education Capital Outlay and Debt Service Trust
14 Fund.
15 (b) Two percent to the Video Lottery Administrative
16 Trust Fund for transfer in equal shares to the counties in
17 which the pari-mutuel facilities with video lottery terminals
18 are located. If any such pari-mutuel facility with video
19 lottery terminals is located within an incorporated
20 municipality, 20 percent of the equal share of the 2 percent
21 otherwise to be transferred to the county in which such
22 facility is located shall instead be transferred to such
23 municipality.
24 (c) Two percent to the Video Lottery Administrative
25 Trust Fund of the department for transfer to the
26 Administrative Trust Fund established pursuant to s. 24.120.
27 Of this amount, 25 percent shall be used for administrative
28 expenses of the department with regard to the operation of
29 video lottery terminals at pari-mutuel facilities.
30 Seventy-five percent of this amount shall be used to fund a
31 grants program operated by the Department of the Lottery.
11
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 1. The department is authorized to provide grants,
2 including matching grants, to qualifying charitable,
3 not-for-profit or veterans organizations as defined in s.
4 849.0931(1)(c) for their charitable, civic, community,
5 benevolent, religious, or scholastic works or similar
6 activities. Preference must be given to veterans
7 organizations and their auxiliaries within the state that
8 provide services to Florida's veterans and their families,
9 including but not limited to, supporting domiciliary care or
10 nursing home care for veterans pursuant to chapter 296.
11 2. The department is authorized to adopt rules to
12 implement the grants program, including, but not limited to,
13 establishment of criteria for submission of grant proposals;
14 reviewing and processing grants; and the development of
15 uniform data reporting requirements for the purpose of
16 evaluating the performance of the grant recipients, progress
17 toward meeting grant objectives and an accounting of all
18 moneys by recipient organizations.
19 (d) Eight percent to the Video Lottery Administrative
20 Trust Fund of the department for transfer to the Video Lottery
21 Purse Trust Fund in the Department of Business and
22 Professional Regulation, to be distributed in accordance with
23 s. 550.26315(1).
24 (e) To the Video Lottery Administrative Trust Fund of
25 the department for transfer to the Department of Children and
26 Family Services, 0.25 percent for the establishment and
27 administration of a treatment program for compulsive gambling.
28 (f) If the video lottery retailer holds a valid
29 harness racing permit under chapter 550, 6 percent of its net
30 terminal income shall be distributed by the video lottery
31 retailer as purses for live performances conducted at the
12
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 video lottery retailer's pari-mutuel facility in accordance
2 with the provisions of chapter 550.
3 (g) If the video lottery retailer holds a valid jai
4 alai permit under chapter 550, 6 percent of its net terminal
5 income shall be distributed by the video lottery retailer as
6 purses for live performances conducted at the video lottery
7 retailer's pari-mutuel facility in accordance with chapter
8 550.
9 (h) If the video lottery retailer holds a valid
10 greyhound racing permit under chapter 550, 6 percent of its
11 net terminal income shall be distributed by the video lottery
12 retailer as purses for live performances conducted at the
13 video lottery retailer's pari-mutuel facility in accordance
14 with chapter 550.
15 (i) To be retained by the video lottery retailer as
16 compensation:
17 1. If a valid thoroughbred permitholder under chapter
18 550, 51.75 percent to be distributed as provided in paragraph
19 (j).
20 2. If a valid holder of a permit other than a
21 thoroughbred permit, 45.75 percent.
22 3. If the holder of a license issued pursuant to s.
23 550.615(9) or s. 550.6308, 51.75 percent to be distributed as
24 provided in paragraph (k).
25 (j) If the video lottery retailer holds a valid
26 thoroughbred racing permit under chapter 550, the remaining
27 net terminal income generated at its facility:
28 1. Three and three-tenths percent shall be distributed
29 for use as Florida thoroughbred breeders' and stallion awards
30 pursuant to ss. 550.26165 and 550.2625.
31 2. One-quarter of one percent shall be distributed to
13
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the Jockeys' Guild Health and Welfare Trust maintained by
2 Jockeys' Guild, Inc., for the purpose of providing health,
3 disability, and retirement benefits to active, disabled, and
4 retired Florida jockeys in accordance with eligibility
5 criteria established by Jockeys' Guild, Inc., shall annually
6 provide a certified financial statement of the expenditures
7 made for benefits provided under this subparagraph.
8 3. Ninety-six and forty-five one hundredths percent
9 shall be distributed as provided by written agreement between
10 the video lottery retailer and the Florida Horsemen's
11 Benevolent and Protective Association, Inc. Such contract
12 shall be filed with the department. No video lottery retailer
13 required to enter into a contract by this subparagraph shall
14 be authorized to conduct video lottery games unless such
15 contract is in effect and is filed with the department.
16 (k) If the video lottery retailer holds a license
17 issued pursuant to s. 550.615(9) or s. 550.6308, the remaining
18 net terminal income generated at its facility:
19 1. Three and three-tenths percent shall be distributed
20 for use as Florida thoroughbred breeders' and stallion awards
21 pursuant to ss. 550.26165 and 550.2625.
22 2. Ninety-six and seven-tenths percent shall be
23 distributed as provided by written agreement between the video
24 lottery retailer and the Florida Thoroughbred Breeders'
25 Association. Such contract shall be filed with the
26 department. No video lottery retailer required to enter into a
27 contract by this subparagraph shall be authorized to conduct
28 video lottery games unless such contract is in effect and is
29 filed with the department.
30 (9) The allocation provided in subsection (8) shall be
31 made weekly. Amounts allocated pursuant to paragraphs
14
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (8)(a)-(e) shall be remitted to the department by electronic
2 transfer within 24 hours after the allocation is determined.
3 If live meets were conducted at the pari-mutuel facility of
4 the video lottery retailer during the weekly period for which
5 the allocation is made, the portion of the allocation to be
6 distributed pursuant to paragraphs (8)(f), (g), and (h) shall
7 be paid as purses for those live meets. If no live meets were
8 conducted at the pari-mutuel facility during the weekly period
9 for which the allocation is made, the distribution of purse
10 money shall be made during the next ensuing meet following the
11 weekly period in which the net terminal income is earned. The
12 accumulated amount to be distributed as purses during the next
13 ensuing meet shall be distributed weekly during the
14 permitholder's next race meeting in an amount determined by
15 dividing the amount to be distributed by the number of
16 performances approved for the permitholder pursuant to its
17 annual license and multiplying that amount by the number of
18 performances conducted each week. No less than one-half of the
19 interest income earned on funds required to be distributed
20 under paragraphs (8)(f), (g), and (h) prior to their
21 distribution as purses shall be distributed by the video
22 lottery retailer as purses for live performances conducted at
23 the video lottery retailer's pari-mutuel facility in
24 accordance with chapter 550.
25 (10) Any person who, with intent to manipulate the
26 outcome, payoff, or operation of a video lottery terminal,
27 manipulates or attempts to manipulate the outcome, payoff, or
28 operation of a video lottery terminal by physical or
29 electronic tampering or other means commits a felony of the
30 third degree, punishable as provided in s. 775.082, s.
31 775.083, or s. 775.084.
15
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (11) Notwithstanding s. 24.115, each video lottery
2 retailer shall have the responsibility for payment of video
3 lottery prizes.
4 (12) In any area or room in a facility in which a
5 video lottery terminal is placed, the video lottery retailer
6 must also place video monitors displaying the live races or
7 games of that facility, if such are being conducted, or, if no
8 live races or games are being conducted, displaying some or
9 all of the available simulcast races or games, giving
10 preference to performances conducted by Florida pari-mutuel
11 permitholders. In each such area or room, the video lottery
12 retailer shall also provide a means by which patrons may wager
13 on pari-mutuel activity.
14 Section 9. Section 24.1122, Florida Statutes, is
15 created to read:
16 24.1122 Licensure of video lottery terminal
17 vendors.--Video lottery terminal vendors shall be licensed by
18 the Department of the Lottery, and, by August 1, 2002, the
19 department shall adopt rules governing such licensure. The
20 department shall not license any person as a video lottery
21 terminal vendor if such person has an interest in a video
22 lottery retailer or a business relationship with a video
23 lottery retailer other than as a vendor or lessor of video
24 lottery terminals.
25 Section 10. Section 24.1123, Florida Statutes, is
26 created to read:
27 24.1123 Local zoning of pari-mutuel facilities.--The
28 installation, operation, or use of a video lottery terminal on
29 any property on which pari-mutuel operations were or would
30 have been lawful under any county or municipal zoning
31 ordinance as of July 1, 2000, shall not be deemed to change
16
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the character of the use of such property and shall not be
2 prohibited on such property by any local zoning ordinance or
3 amendments thereto.
4 Section 11. Section 24.1124, Florida Statutes, is
5 created to read:
6 24.1124 Video lottery terminals.--
7 (1) Video lottery terminals shall not be offered for
8 use or play in this state unless approved by the department.
9 (2) Video lottery terminals approved for use in this
10 state shall:
11 (a) Be protected against manipulation to affect the
12 random probabilities of winning plays.
13 (b) Have one or more mechanisms that accept coins,
14 currency, tokens, or vouchers in exchange for game credits.
15 Such mechanisms shall be designed to prevent players from
16 obtaining credits by means of physical tampering.
17 (c) Be capable of suspending play until reset at the
18 direction of the department as a result of physical tampering.
19 (d) Be capable of being linked to the department's
20 central computer communications system for the purpose of
21 auditing the operation, financial data, and program
22 information as required by the department.
23 Section 12. Section 24.1125, Florida Statutes, is
24 created to read:
25 24.1125 Video lottery terminal training program.--
26 (1) Every licensed video lottery terminal vendor shall
27 submit a training program for the service and maintenance of
28 such terminals and equipment for approval by the department.
29 The training program shall include an outline of the training
30 curriculum, a list of instructors and their qualifications, a
31 copy of the instructional materials, and the dates, times, and
17
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 location of training classes. No service and maintenance
2 program shall be held unless approved by the department.
3 (2) Every video lottery terminal service employee
4 shall complete the requirements of the manufacturer's training
5 program before such employee performs service, maintenance, or
6 repair on video lottery terminals or video lottery terminal
7 associated equipment. Upon the successful completion by a
8 service employee of the training program required by this
9 section, the department shall issue a certificate authorizing
10 such employee to service, maintain, and repair video lottery
11 terminals and video lottery terminal associated equipment. No
12 certificate of completion shall be issued to any video lottery
13 terminal service employee until the department has ascertained
14 that such employee has completed the required training
15 program. Any person certified as a video lottery terminal
16 service employee under this section shall pass a background
17 investigation conducted under the rules of the department. The
18 department may revoke certification upon finding a video
19 lottery terminal service employee in violation of any
20 provision of this chapter or a department rule.
21 (3) The department is authorized to adopt rules
22 regarding the training, qualifications, and certification of
23 video lottery terminal service employees, as provided in this
24 section.
25 Section 13. Section 24.1126, Florida Statutes, is
26 created to read:
27 24.1126 Notice of availability of assistance for
28 compulsive gambling required.--
29 (1) The owner of each facility at which video lottery
30 games are conducted, pursuant to the provisions of chapter 24,
31 shall post signs with the statement "IF YOU OR SOMEONE YOU
18
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE. CALL
2 1-800-426-7711." Such signs shall be posted within 50 feet of
3 each entrance and exit and within 50 feet of each credit
4 location within the facility.
5 (2) Each pari-mutuel facility licensee who operates as
6 a video lottery retailer shall print the statement "IF YOU OR
7 SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE.
8 CALL 1-800-426-7711" on all daily racing programs provided by
9 the licensee or its lessees to the general public.
10 Section 14. Subsection (2) of section 24.117, Florida
11 Statutes, is amended to read:
12 24.117 Unlawful sale of lottery tickets; penalty.--Any
13 person who knowingly:
14 (2) Sells a state lottery ticket to a minor or permits
15 a minor to use a video lottery terminal; or
16
17 is guilty of a misdemeanor of the first degree, punishable as
18 provided in s. 775.082 or s. 775.083.
19 Section 15. Subsection (4) of section 24.118, Florida
20 Statutes, is amended to read:
21 24.118 Other prohibited acts; penalties.--
22 (4) BREACH OF CONFIDENTIALITY.--Any person who, with
23 intent to defraud or with intent to provide a financial or
24 other advantage to himself, herself, or another, knowingly and
25 willfully discloses any information relating to the lottery
26 designated as confidential and exempt from the provisions of
27 s. 119.07(1) pursuant to this chapter act is guilty of a
28 felony of the first degree, punishable as provided in s.
29 775.082, s. 775.083, or s. 775.084.
30 Section 16. Subsection (1) of section 24.120, Florida
31 Statutes, is amended to read:
19
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 24.120 Financial matters; Administrative Trust Fund;
2 interagency cooperation.--
3 (1) There is hereby created in the State Treasury an
4 Administrative Trust Fund to be administered in accordance
5 with chapters 215 and 216 by the department. All money
6 received by the department which remains after payment of
7 prizes and initial compensation paid to retailers shall be
8 deposited into the Administrative Trust Fund. All moneys in
9 the trust fund are appropriated to the department for the
10 purposes specified in this chapter act.
11 Section 17. Section 24.122, Florida Statutes, is
12 amended to read:
13 24.122 Exemption from taxation; state preemption;
14 inapplicability of other laws.--
15 (1) This chapter act shall not be construed to
16 authorize any lottery except the lotteries lottery operated or
17 directed by the department pursuant to this chapter act.
18 (2) No state or local tax shall be imposed upon any
19 prize paid or payable under this chapter act or upon the sale
20 of any lottery ticket or the installation, rental, or use of
21 any video lottery terminal pursuant to this chapter act.
22 (3) All matters relating to the operation of the state
23 lottery are preempted to the state, and no county,
24 municipality, or other political subdivision of the state
25 shall enact any ordinance relating to the operation of the
26 lottery authorized by this chapter act. However, this
27 subsection shall not prohibit a political subdivision of the
28 state from requiring a retailer to obtain an occupational
29 license for any business unrelated to the sale of lottery
30 tickets.
31 (4) Any state or local law providing any penalty,
20
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 disability, restriction, or prohibition for the possession,
2 manufacture, transportation, distribution, advertising, or
3 sale of any lottery ticket, including chapter 849, shall not
4 apply to the tickets of the state lottery operated pursuant to
5 this chapter act; nor shall any such law apply to the
6 possession of a ticket issued by any other government-operated
7 lottery. In addition, activities of the department under this
8 chapter act are exempt from the provisions of:
9 (a) Chapter 616, relating to public fairs and
10 expositions.
11 (b) Chapter 946, relating to correctional work
12 programs.
13 (c) Chapter 282, relating to communications and data
14 processing.
15 (d) Section 110.131, relating to other personal
16 services.
17 Section 18. Subsection (24) of section 212.02, Florida
18 Statutes, is amended to read:
19 212.02 Definitions.--The following terms and phrases
20 when used in this chapter have the meanings ascribed to them
21 in this section, except where the context clearly indicates a
22 different meaning:
23 (24) "Coin-operated amusement machine" means any
24 machine operated by coin, slug, token, coupon, or similar
25 device for the purposes of entertainment or amusement. The
26 term includes, but is not limited to, coin-operated pinball
27 machines, music machines, juke boxes, mechanical games, video
28 games, arcade games, billiard tables, moving picture viewers,
29 shooting galleries, and all other similar amusement devices.
30 The term does not include a video lottery terminal approved
31 pursuant to chapter 24.
21
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Section 19. Section 550.26315, Florida Statutes, is
2 created to read:
3 550.26315 Administration of the Video Lottery Purse
4 Trust Fund.--
5 (1) Fifty-eight percent of the proceeds of the Video
6 Lottery Purse Trust Fund shall be transferred to the Video
7 Lottery Thoroughbred Trust Fund.
8 (2) Forty-two percent of the proceeds of the Video
9 Lottery Purse Trust Fund shall be distributed to pari-mutuel
10 permitholders to be distributed as purses at their respective
11 pari-mutuel facilities as follows:
12 (a) Eight percent shall be distributed to holders of
13 valid harness racing permits.
14 (b) Seven percent shall be distributed to holders of
15 valid jai alai permits.
16 (c) Twenty-seven percent shall be distributed to
17 holders of valid greyhound racing permits.
18
19 Each permitholder entitled to receive distributions under a
20 paragraph of this subsection shall receive a percentage of the
21 amount to be distributed under that paragraph which is
22 determined by dividing the amounts paid in purses by such
23 permitholder during the state fiscal year 2000-2001 by the
24 amount of purses paid by all such permitholders statewide
25 during the state fiscal year 2000-2001.
26 (3) All proceeds distributed under this section are in
27 addition to and supplement the other funds set forth in this
28 chapter for use as purses, awards, and, in the case of jai
29 alai, player compensation.
30 (4) Of amounts to be distributed pursuant to this
31 section and s. 24.1121(8)(h) to persons holding valid
22
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 greyhound racing permits, 10 percent of such sums shall be
2 distributed as additional purses on all live races at each
3 facility to Florida-bred greyhounds in a manner similar to the
4 distribution of regular purses and in accordance with rules
5 adopted by the division.
6 (5) Of amounts to be distributed pursuant to this
7 section and s. 24.1121(8)(f) to persons holding valid harness
8 racing permits, 6.6 percent of such sums shall be distributed
9 for payment of breeders' awards, stallion awards, and stallion
10 stakes, and for additional expenditures pursuant to ss.
11 550.26165 and 550.2625. The Florida Standardbred Breeders and
12 Owners Association may, in accordance with s. 550.2625(4),
13 deduct a fee for administering the payment of awards and for
14 general promotion of the industry.
15 (6) The department is authorized to adopt rules to
16 provide for the equitable distribution of funds by
17 permitholders for purses, awards, or jai alai player
18 compensation, in accordance with the provisions of this
19 section.
20 Section 20. Section 550.26325, Florida Statutes, is
21 created to read:
22 550.26325 Distribution of funds from Video Lottery
23 Thoroughbred Trust Fund.--The proceeds of the Video Lottery
24 Thoroughbred Trust Fund shall be distributed as follows:
25 (1) For use as Florida thoroughbred breeders' and
26 stallion awards pursuant to ss. 550.26165 and 550.2625: 6.6
27 percent. The Florida Thoroughbred Breeders' Association may,
28 in accordance with s. 550.2625(3), deduct a fee for
29 administering the payment of awards and for general promotion
30 of the industry.
31 (2) The remainder shall be divided proportionally
23
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 among the thoroughbred permitholders for use as purses based
2 upon a formula determined by dividing the amounts paid in
3 purses by such thoroughbred permitholder during the 2000-2001
4 state fiscal year by the amount of purses paid by all such
5 thoroughbred permitholders statewide during the 2000-2001
6 state fiscal year.
7 Section 21. Paragraphs (d) and (e) of subsection (2)
8 and paragraph (a) of subsection (6) of section 550.2625,
9 Florida Statutes, are amended, and paragraph (f) is added to
10 subsection (2) of said section, to read:
11 550.2625 Horseracing; minimum purse requirement,
12 Florida breeders' and owners' awards.--
13 (2) Each permitholder conducting a horserace meet is
14 required to pay from the takeout withheld on pari-mutuel pools
15 a sum for purses in accordance with the type of race
16 performed.
17 (d) The division shall adopt reasonable rules to
18 ensure the timely and accurate payment of all amounts withheld
19 by horserace permitholders regarding the distribution of
20 purses, Florida breeders' and stallion awards, and Florida
21 owners' awards, and all other amounts received or collected
22 for payment to owners and breeders, including video lottery
23 proceeds. Each permitholder that fails to pay out during its
24 meet all moneys received or collected for payment to owners
25 and breeders during that meet shall, within 30 10 days after
26 the end of the meet during which the underpayment occurred
27 permitholder underpaid purses, deposit an amount equal to the
28 underpayment into a separate interest-bearing account to be
29 distributed to owners and breeders in accordance with division
30 rules. Any permitholder paying out during its meet less than
31 90 percent of all moneys received or collected for payment to
24
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 owners and breeders during that meet shall be subject to an
2 administrative fine in an amount equal to double the amount of
3 the underpayment. Within 30 days after the end of its meet,
4 each permitholder shall be required to file with the division
5 an audited accounting reflecting the receipt and payment of
6 all sums dedicated to purses, Florida breeders' and stallion
7 awards, and Florida owners' awards.
8 (e) An amount equal to 8.5 percent of the purse
9 account generated through video lottery proceeds pursuant to
10 s. 550.26325(2), intertrack wagering, and interstate
11 simulcasting shall will be used for Florida Owners' Awards as
12 set forth in subsection (3). This percentage may be changed by
13 written agreement between the Florida Horsemen's Benevolent
14 and Protective Association, Inc., and the Florida Thoroughbred
15 Breeders' Association, filed with the division. Any
16 thoroughbred permitholder that had with an average blended
17 takeout which does not exceed 20 percent and with an average
18 daily purse distribution excluding sponsorship, entry fees,
19 and nominations exceeding $225,000 in the 2000-2001 fiscal
20 year is exempt from the provisions of this paragraph. This
21 exemption shall apply for up to 73 racing days.
22 (f) The division shall adopt reasonable rules to
23 ensure the timely and accurate payment of all amounts received
24 or collected by a horsemen's or breeders' association for
25 payment to owners and breeders, including video lottery
26 proceeds. Each horsemen's or breeders' association that fails
27 to pay out during the calendar year all moneys received or
28 collected for payment to owners and breeders during that year
29 shall, within 30 days after the end of the calendar year
30 during which the underpayment occurred, deposit an amount
31 equal to the underpayment into a separate interest-bearing
25
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 account to be distributed to owners or breeders in accordance
2 with division rules. Any horsemen's or breeders' association
3 paying out during the calendar year less than 90 percent of
4 all moneys received or collected for payment to owners and
5 breeders during that calendar year shall be subject to an
6 administrative fine in an amount equal to double the amount of
7 the underpayment. Within 60 days after the end of the calendar
8 year, each permitholder shall be required to file with the
9 division an audited accounting reflecting the receipt and
10 payment of all sums received and collected for payment to
11 owners and breeders.
12 (6)(a) The takeout may be used for the payment of
13 awards to owners of registered Florida-bred horses placing
14 first in a claiming race, an allowance race, a maiden special
15 race, or a stakes race in which the announced purse, exclusive
16 of entry and starting fees and added moneys, does not exceed
17 $40,000 or such higher amount as may be agreed to in writing
18 between the permitholder and the Florida Horsemen's Benevolent
19 and Protective Association, Inc., which agreement shall be
20 filed with the division.
21 Section 22. Section 550.401, Florida Statutes, is
22 created to read:
23 550.401 Limited prohibition on termination of kennel
24 operators.--A greyhound track may not terminate a kennel
25 operator, other than for breach of contract that remains in
26 breach 15 days following the delivery in writing of notice of
27 such breach to the kennel operator, for 12 months following
28 the first period that purse payments are made pursuant to the
29 provisions of s. 550.26315. Thereafter, only those kennel
30 operators can be terminated without cause if the kennel
31 occupies one of the bottom three positions based on total
26
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 number of wins for two consecutive racing seasons, which may
2 include the 12-month period following the first period that
3 purse payments are made pursuant to the provisions of s.
4 550.26315.
5 Section 23. Subsections (3) and (4) of section
6 550.615, Florida Statutes, are amended to read:
7 550.615 Intertrack wagering.--
8 (3)(a) If a permitholder who operates as a video
9 lottery retailer as defined in s. 24.103 elects to broadcast
10 its signal to any permitholder in this state, any permitholder
11 not located within 25 miles of the host track that is eligible
12 to conduct intertrack wagering under the provisions of ss.
13 550.615-550.6345 is entitled to receive the broadcast and
14 conduct intertrack wagering under this section; provided,
15 however, that the host track may require a guest track within
16 25 miles of another permitholder to receive in any week at
17 least 60 percent of the live races that the host track is
18 making available on the days that the guest track is otherwise
19 operating live races or games. A host track may require a
20 guest track not operating live races or games and within 25
21 miles of another permitholder to accept within any week at
22 least 60 percent of the live races that the host track is
23 making available. A permitholder may, pursuant to a written
24 contract, elect to broadcast its signal to any permitholder in
25 this state located within 25 miles of the host track, provided
26 that where a thoroughbred permitholder is the host track, any
27 such contract must be approved by the Florida Horsemen's
28 Benevolent and Protective Association, Inc. A person may not
29 restrain or attempt to restrain any permitholder that is
30 otherwise authorized to conduct intertrack wagering from
31 receiving the signal of any other permitholder or sending its
27
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 signal to any permitholder.
2 (b) If a permitholder who does not operate as a video
3 lottery retailer as defined in s. 24.103 elects to broadcast
4 its signal to any permitholder in this state, any permitholder
5 that is eligible to conduct intertrack wagering under the
6 provisions of ss. 550.615-550.6345 is entitled to receive the
7 broadcast and conduct intertrack wagering under this section;
8 provided, however, that the host track may require a guest
9 track within 25 miles of another permitholder to receive in
10 any week at least 60 percent of the live races that the host
11 track is making available on the days that the guest track is
12 otherwise operating live races or games. A host track may
13 require a guest track not operating live races or games and
14 within 25 miles of another permitholder to accept within any
15 week at least 60 percent of the live races that the host track
16 is making available. A person may not restrain or attempt to
17 restrain any permitholder that is otherwise authorized to
18 conduct intertrack wagering from receiving the signal of any
19 other permitholder or sending its signal to any permitholder.
20 (4) In no event shall any intertrack wager be accepted
21 on the same class of live or simulcast races or games of any
22 permitholder without the written consent of such operating
23 permitholders conducting the same class of live or simulcast
24 races or games if the guest track is within the market area of
25 such operating permitholder.
26 Section 24. Paragraph (g) of subsection (9) of section
27 550.6305, Florida Statutes, is amended to read:
28 550.6305 Intertrack wagering; guest track payments;
29 accounting rules.--
30 (9) A host track that has contracted with an
31 out-of-state horse track to broadcast live races conducted at
28
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 such out-of-state horse track pursuant to s. 550.3551(5) may
2 broadcast such out-of-state races to any guest track and
3 accept wagers thereon in the same manner as is provided in s.
4 550.3551.
5 (g)1. Any thoroughbred permitholder which accepts
6 wagers on a simulcast signal must make the signal available to
7 any permitholder that is located more than 25 miles from where
8 the permitholder providing the signal is located and that is
9 eligible to conduct intertrack wagering under the provisions
10 of ss. 550.615-550.6345.
11 2. Any thoroughbred permitholder which accepts wagers
12 on a simulcast signal received after 6 p.m. must make such
13 signal available to any permitholder that is eligible to
14 conduct intertrack wagering under the provisions of ss.
15 550.615-550.6345, including any permitholder located as
16 specified in s. 550.615(6). Such guest permitholders are
17 authorized to accept wagers on such simulcast signal,
18 notwithstanding any other provision of this chapter to the
19 contrary.
20 3. Any thoroughbred permitholder which accepts wagers
21 on a simulcast signal received after 6 p.m. must make such
22 signal available to any permitholder that is eligible to
23 conduct intertrack wagering under the provisions of ss.
24 550.615-550.6345, including any permitholder located as
25 specified in s. 550.615(9). Such guest permitholders are
26 authorized to accept wagers on such simulcast signals for a
27 number of performances not to exceed that which constitutes a
28 full schedule of live races for a quarter horse permitholder
29 pursuant to s. 550.002(11), notwithstanding any other
30 provision of this chapter to the contrary, except that the
31 restrictions provided in s. 550.615(9)(a) apply to wagers on
29
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 such simulcast signals.
2
3 No thoroughbred permitholder shall be required to continue to
4 rebroadcast a simulcast signal to any in-state permitholder if
5 the average per performance gross receipts returned to the
6 host permitholder over the preceding 30-day period were less
7 than $100. Subject to the provisions of s. 550.615(4), as a
8 condition of receiving rebroadcasts of thoroughbred simulcast
9 signals under this paragraph, a guest permitholder must accept
10 intertrack wagers on all live races conducted by all
11 then-operating thoroughbred permitholders.
12 Section 25. Subsection (6) is added to section
13 550.6308, Florida Statutes, to read:
14 550.6308 Limited intertrack wagering license.--In
15 recognition of the economic importance of the thoroughbred
16 breeding industry to this state, its positive impact on
17 tourism, and of the importance of a permanent thoroughbred
18 sales facility as a key focal point for the activities of the
19 industry, a limited license to conduct intertrack wagering is
20 established to ensure the continued viability and public
21 interest in thoroughbred breeding in Florida.
22 (6) Notwithstanding the limitations on use of the
23 license provided in subsections (1) and (4) and s. 550.615(9),
24 if the licensee is also operating as a video lottery retailer,
25 the licensee may conduct intertrack wagering on thoroughbred
26 horse racing and on greyhound racing and the licensee may also
27 conduct intertrack wagering between May 9 and October 31 at
28 such times and on such days as any thoroughbred, jai alai, or
29 a greyhound permitholder in the same county is conducting live
30 performances.
31 Section 26. Subsection (5) of section 565.02, Florida
30
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Statutes, is amended to read:
2 565.02 License fees; vendors; clubs; caterers; and
3 others.--
4 (5) A caterer at a horse or dog racetrack or jai alai
5 fronton may obtain a license upon the payment of an annual
6 state license tax of $675. Such caterer's license shall permit
7 sales only within the enclosure in which such races or jai
8 alai games are conducted, and such licensee shall be permitted
9 to sell only during the period beginning 10 days before and
10 ending 10 days after racing or jai alai under the authority of
11 the Division of Pari-mutuel Wagering of the Department of
12 Business and Professional Regulation is conducted at such
13 racetrack or jai alai fronton and on days on which the
14 pari-mutuel facility is open to the public for the purpose of
15 video lottery play authorized by the Department of the
16 Lottery. Except as in this subsection otherwise provided,
17 caterers licensed hereunder shall be treated as vendors
18 licensed to sell by the drink the beverages mentioned herein
19 and shall be subject to all the provisions hereof relating to
20 such vendors.
21 Section 27. Compulsive gambling program.--The Alcohol,
22 Drug Abuse, and Mental Health Program Office within the
23 Department of Children and Family Services shall establish a
24 program for public education, awareness, and training
25 regarding problem and compulsive gambling and the treatment
26 and prevention of problem and compulsive gambling. The program
27 shall include:
28 (1) Maintenance of a compulsive gambling advocacy
29 organization's toll-free problem gambling telephone number to
30 provide crisis counseling and referral services to families
31 experiencing difficulty as a result of problem or compulsive
31
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 gambling.
2 (2) The promotion of public awareness regarding the
3 recognition and prevention of problem or compulsive gambling.
4 (3) Facilitation, through inservice training and other
5 means, of the availability of effective assistance programs
6 for problem and compulsive gamblers, of all ages, and family
7 members affected by problem and compulsive gambling.
8 (4) Studies to identify adults and juveniles in this
9 state who are, or who are at risk of becoming, problem or
10 compulsive gamblers.
11 Section 28. (1) Sections 1 and 2 of this act shall
12 take effect July 1, 2002.
13 (2) Sections 3-29 of this act and this subsection
14 shall take effect upon becoming a law, if House Bill 1499,
15 House Bill 1501, House Bill 1503, and House Bill 1505, or
16 similar legislation is adopted in the same legislative session
17 or an extension thereof and becomes law.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 On page 1, line 2-7,
23 remove: all said lines
24
25 and insert:
26 amending s. 24.101, F.S.; redesignating ch. 24,
27 F.S., as the "Florida Public Education Lottery
28 Chapter"; amending ss. 24.102, 24.108, 24.111,
29 24.118, and 24.120, F.S., to conform; making
30 technical corrections within the chapter;
31 amending s. 24.103, F.S., relating to
32
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HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 definitions; defining the terms "video lottery
2 game," "video lottery terminal vendor," "net
3 terminal income," and "video lottery retailer";
4 amending s. 24.105, F.S.; providing duties of
5 the Department of the Lottery relating to
6 establishment and operation of video lottery
7 games; providing specific rulemaking authority;
8 amending s. 24.1055, F.S.; correcting a
9 reference; prohibiting participation of minors
10 in video lottery games; requiring warning
11 signs; providing criminal penalties; creating
12 s. 24.1121, F.S.; providing requirements for
13 video lottery games and retailers; providing
14 suspension powers to the Department of the
15 Lottery; providing for fines; providing for
16 enforcement of suspension orders or fines in
17 circuit court; providing for allocation of net
18 terminal income; providing for implementation
19 of a grants program; providing for distribution
20 of proceeds; providing funds to the Department
21 of Children and Family Services for a program
22 on compulsive gambling; providing for use of
23 certain funds for purses, awards, and benefits;
24 requiring certain written agreements; providing
25 for transfer of funds into the Public Education
26 Capital Outlay and Debt Service Trust Fund and
27 into the Department of Elderly Affairs' Grants
28 and Donations Trust Fund; prohibiting
29 manipulation or attempted manipulation of
30 lottery games or terminals; providing criminal
31 penalties; providing for payment of prizes;
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File original & 9 copies 03/14/02
hri0001 06:34 pm 00182-0107-742681
HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 prohibiting isolation of video lottery
2 terminals in pari-mutuel facilities; creating
3 s. 24.1122, F.S.; providing for licensure of
4 video lottery terminal vendors; creating s.
5 24.1123, F.S.; prohibiting certain zoning
6 changes by local governments; creating s.
7 24.1124, F.S., relating to video lottery
8 terminals; requiring that such terminals be
9 approved by the department; providing technical
10 specifications; creating s. 24.1125, F.S.;
11 providing for training and certification of
12 video lottery terminal service employees;
13 providing rulemaking authority; creating s.
14 24.1126, F.S.; requiring video lottery
15 retailers to provide notice of a toll-free
16 problem gambling hotline; amending s. 24.117,
17 F.S.; prohibiting knowingly permitting use of
18 video lottery terminals by minors; providing
19 criminal penalties; amending s. 24.122, F.S.;
20 prohibiting state and local taxation of the
21 installation, rental, or use of video lottery
22 terminals; amending s. 212.02, F.S.; clarifying
23 that video lottery terminals are not
24 coin-operated amusement machines for the
25 purpose of taxation; creating s. 550.26315,
26 F.S., relating to the administration of the
27 Video Lottery Purse Trust Fund; providing for
28 distribution of proceeds; requiring certain
29 proceeds to be used as additional purses,
30 awards, or compensation; providing for transfer
31 of certain proceeds to the Video Lottery
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File original & 9 copies 03/14/02
hri0001 06:34 pm 00182-0107-742681
HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 Thoroughbred Trust Fund; providing rulemaking
2 authority; creating s. 550.26325, F.S.,
3 relating to the distribution of funds from the
4 Video Lottery Thoroughbred Trust Fund;
5 requiring certain uses of distributed funds;
6 amending s. 550.2625, F.S.; requiring that the
7 Division of Pari-Mutuel Wagering of the
8 Department of Business and Professional
9 Regulation adopt rules regarding the
10 distribution of certain awards and funds,
11 including video lottery proceeds, received for
12 distribution to thoroughbred owners and
13 breeders by pari-mutuel permitholders or by
14 horsemen's or breeders' associations; providing
15 an exemption; providing administrative fines
16 for underpaying purses or awards; requiring
17 periodic audited accountings by permitholders
18 and by horsemen's and breeders' associations;
19 permitting agreement to increase the cap on
20 horseracing purses; creating s. 550.401, F.S.;
21 prohibiting the cancellation of certain
22 contracts by greyhound racing tracks; amending
23 s. 550.615, F.S.; providing that pari-mutuel
24 facilities are not required to broadcast their
25 intertrack signals to other facilities located
26 within 25 miles; requiring approval of certain
27 intertrack contracts; requiring written consent
28 of certain permitholders relating to intertrack
29 wagering; amending s. 550.6305, F.S.; providing
30 that pari-mutuel facilities are not required to
31 broadcast their intertrack signals to other
35
File original & 9 copies 03/14/02
hri0001 06:34 pm 00182-0107-742681
HOUSE AMENDMENT
Bill No. CS for CS for SB 182, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 facilities located within 25 miles; repealing
2 additional requirements and authority provided
3 in relation to intertrack wagering on nighttime
4 thoroughbred races; amending s. 550.6308, F.S.;
5 authorizing an intertrack wagering licensee to
6 conduct intertrack wagering on additional types
7 of races and on additional days if operating as
8 a video lottery retailer; amending s. 565.02,
9 F.S.; providing that pari-mutuel facilities may
10 be licensed to sell alcoholic beverages when
11 conducting video lottery games; directing the
12 Alcohol, Drug Abuse, and Mental Health Program
13 Office within the Department of Children and
14 Family Services to establish a program relating
15 to compulsive gambling, which includes public
16 education, training, prevention, and treatment;
17 providing for contingent effect; providing
18 effective dates
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File original & 9 copies 03/14/02
hri0001 06:34 pm 00182-0107-742681