CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Greenstein offered the following:
12
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
706-141AXB-02 Bill No. HB 1949
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. Subsections (7), (8), (9), and (10) are
5 added to section 24.103, Florida Statutes, to read:
6 24.103 Definitions.--As used in this chapter act:
7 (7) "Video lottery game" means an electronically
8 simulated game involving any element of chance that is played
9 on a video lottery terminal that, upon insertion of cash,
10 tokens, credits, or voucher, is available to play or simulate
11 a lottery-type game, including, but not limited to, line-up
12 games utilizing a video display and microprocessors, and in
13 which, by means of an element of chance, the player may
14 receive credits that can be redeemed for cash. "Video lottery
15 game" also means an electronically simulated game involving
16 elements of chance and skill that is played on a video lottery
17 terminal that, upon insertion of cash, tokens, credits, or
18 voucher, is available to play or simulate the play of
19 traditional card games including, but not limited to, video
20 poker, utilizing a cathode ray tube or video display screen
21 and microprocessors, and in which the player may win credits
22 that can be redeemed for cash. "Video lottery game" also
23 includes a progressive game, which is any game in which a
24 jackpot grows and accumulates as it is being played on a video
25 lottery terminal, or on a network of video lottery terminals,
26 and in which the outcome is randomly determined by the play of
27 video lottery terminals linked by a central network. A video
28 lottery terminal may use spinning reels or video displays, or
29 both. No video lottery terminal shall directly dispense coins,
30 cash, or tokens.
31 (8) "Video lottery terminal vendor" means any person
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 or entity approved by the department which provides the video
2 lottery terminals to a video lottery retailer or computer
3 functions related to video lottery terminals to the
4 department.
5 (9) "Net terminal income" means currency and other
6 consideration placed into a video lottery terminal minus
7 credits redeemed by players.
8 (10) "Video lottery retailer" means any person who
9 possesses a pari-mutuel permit on July 1, 2001, issued
10 pursuant to chapter 550, who either has conducted a full
11 schedule of live greyhound, horse, or harness racing between
12 July 1, 2000, and June 30, 2001, as defined by s. 550.002(11),
13 or has conducted at least one full schedule of live jai alai
14 games between January 1, 1990, and June 30, 2001, as defined
15 by s. 550.002(11), or is authorized to receive broadcasts of
16 horseraces pursuant to s. 550.615.
17 Section 4. Subsection (7) and paragraph (a) of
18 subsection (9) of section 24.105, Florida Statutes, are
19 amended, paragraphs (k), (l), and (m) are added to subsection
20 (9) of said section and subsections (21), (22), (23), (24),
21 (25), and (26) are added to said section, to read:
22 24.105 Powers and duties of department.--The
23 department shall:
24 (7) Make a continuing study of the lottery to
25 ascertain any defects of the laws governing the lottery this
26 act or rules adopted thereunder which could result in abuses
27 in the administration of the lottery; make a continuing study
28 of the operation and the administration of similar laws in
29 other states and of federal laws which may affect the lottery;
30 and make a continuing study of the reaction of the public to
31 existing and potential features of the lottery.
3
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 (9) Adopt rules governing the establishment and
2 operation of the state lottery, including:
3 (a) The type of lottery games to be conducted, except
4 that:
5 1. No name of an elected official shall appear on the
6 ticket or play slip of any lottery game or on any prize or on
7 any instrument used for the payment of prizes, unless such
8 prize is in the form of a state warrant.
9 2. No coins or currency shall be dispensed from any
10 electronic computer terminal or device used in any lottery
11 game.
12 3. Other than as provided in subparagraph 4., no
13 terminal or device may be used for any lottery game which may
14 be operated solely by the player without the assistance of the
15 retailer, except authorized video lottery terminals operated
16 pursuant to this chapter.
17 4. The only player-activated machine which may be
18 utilized is a machine which dispenses instant lottery game
19 tickets following the insertion of a coin or currency by a
20 ticket purchaser. To be authorized a machine must: be under
21 the supervision and within the direct line of sight of the
22 lottery retailer to ensure that the machine is monitored and
23 only operated by persons at least 18 years of age; be capable
24 of being electronically deactivated by the retailer to
25 prohibit use by persons less than 18 years of age through the
26 use of a lockout device that maintains the machine's
27 deactivation for a period of no less than 5 minutes; and be
28 designed to prevent its use or conversion for use in any
29 manner other than the dispensing of instant lottery tickets.
30 Authorized machines may dispense change to players purchasing
31 tickets but may not be utilized for paying the holders of
4
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 winning tickets of any kind. At least one clerk must be on
2 duty at the lottery retailer while the machine is in
3 operation. However, at least two clerks must be on duty at any
4 lottery location which has violated s. 24.1055.
5 (k) The regulation of video lottery retailers as
6 pertains to video lottery products.
7 (l) Specifications for video lottery terminals to be
8 approved and authorized as the department deems necessary to
9 maintain the integrity of video lottery games and terminals.
10 Initial rules sufficient to permit the operation of video
11 lotteries and the licensing of video lottery retailers shall
12 be adopted no later than August 1, 2002. The department shall
13 not provide for specifications which would have the result of
14 reducing to fewer than four the number of video lottery
15 terminal vendors who supply terminals which meet the
16 specifications.
17 (m) The licensure and regulation of video lottery
18 terminal vendors. The department shall not approve any person
19 as a video lottery terminal vendor if such person has an
20 interest in a video lottery retailer or a business
21 relationship with a video lottery retailer other than as a
22 vendor or lessor of video lottery terminals.
23 (21) Have in place the capacity to support video
24 lottery games at facilities of video lottery retailers
25 beginning no later than October 1, 2002.
26 (22) Hear and decide promptly and in reasonable order
27 all license applications or proceedings for suspension or
28 revocation of licenses.
29 (23) Collect and disperse such revenue due the
30 department as described in this chapter.
31 (24) Certify net terminal income by inspecting
5
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 records, conducting audits, or any other reasonable means.
2 (25) Provide a list of approved vendors and maintain a
3 current list of all contracts between video lottery terminal
4 vendors and video lottery retailers.
5 (26) Approve an application as a video lottery
6 retailer, pursuant to s. 24.103(10) within 30 days after the
7 receipt of the application.
8 Section 5. Section 24.1055, Florida Statutes, is
9 amended to read:
10 24.1055 Prohibition against sale of lottery tickets to
11 minors; posting of signs; penalties.--
12 (1) No person who is less than 18 years of age may
13 purchase a lottery ticket by means of a machine or otherwise.
14 (2) Any retailer that sells lottery tickets by means
15 of a player activated machine shall post a clear and
16 conspicuous sign on such machine, which states the following:
17 THE SALE OF LOTTERY TICKETS TO PERSONS UNDER
18 THE AGE OF 18 IS AGAINST FLORIDA LAW (SECTION
19 24.1055 24.105, FLORIDA STATUTES). PROOF OF
20 AGE IS REQUIRED FOR PURCHASE.
21 (3) No person who is less than 18 years of age may
22 play a video lottery game authorized by this chapter.
23 (4) Any video lottery retailer that has a video
24 lottery terminal at its facility shall post a clear and
25 conspicuous sign on such terminal, which states the following:
26 THE USE OF A VIDEO LOTTERY TERMINAL BY PERSONS
27 UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW
28 (SECTION 24.1055, FLORIDA STATUTES). PROOF OF
29 AGE IS REQUIRED FOR USE.
30 (5)(3) Any person, including any vendor or video
31 lottery retailer, who violates this section is guilty of a
6
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 misdemeanor of the second degree, punishable as provided in s.
2 775.082 or s. 775.083.
3 Section 6. Subsection (5) and paragraph (b) of
4 subsection (7) of section 24.108, Florida Statutes, are
5 amended to read:
6 24.108 Division of Security; duties; security
7 report.--
8 (5) The Department of Law Enforcement shall provide
9 assistance in obtaining criminal history information relevant
10 to investigations required for honest, secure, and exemplary
11 lottery operations, and such other assistance as may be
12 requested by the secretary and agreed to by the executive
13 director of the Department of Law Enforcement. Any other state
14 agency, including the Department of Business and Professional
15 Regulation and the Department of Revenue, shall, upon request,
16 provide the Department of the Lottery with any information
17 relevant to any investigation conducted pursuant to this
18 chapter act. The Department of the Lottery shall maintain the
19 confidentiality of any confidential information it receives
20 from any other agency. The Department of the Lottery shall
21 reimburse any agency for the actual cost of providing any
22 assistance pursuant to this subsection.
23 (7)
24 (b) The portion of the security report containing the
25 overall evaluation of the department in terms of each aspect
26 of security shall be presented to the Governor, the President
27 of the Senate, and the Speaker of the House of
28 Representatives. The portion of the security report
29 containing specific recommendations shall be confidential and
30 shall be presented only to the secretary, the Governor, and
31 the Auditor General; however, upon certification that such
7
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706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 information is necessary for the purpose of effecting
2 legislative changes, such information shall be disclosed to
3 the President of the Senate and the Speaker of the House of
4 Representatives, who may disclose such information to members
5 of the Legislature and legislative staff as necessary to
6 effect such purpose. However, any person who receives a copy
7 of such information or other information which is confidential
8 pursuant to this chapter act or rule of the department shall
9 maintain its confidentiality. The confidential portion of the
10 report is exempt from the provisions of s. 119.07(1) and s.
11 24(a), Art. I of the State Constitution.
12 Section 7. Subsection (1) of section 24.111, Florida
13 Statutes, is amended to read:
14 24.111 Vendors; disclosure and contract
15 requirements.--
16 (1) The department may enter into contracts for the
17 purchase, lease, or lease-purchase of such goods or services
18 as are necessary for effectuating the purposes of this chapter
19 act. The department may not contract with any person or
20 entity for the total operation and administration of the state
21 lottery established by this chapter act but may make
22 procurements which integrate functions such as lottery game
23 design, supply of goods and services, and advertising. In all
24 procurement decisions, the department shall take into account
25 the particularly sensitive nature of the state lottery and
26 shall consider the competence, quality of product, experience,
27 and timely performance of the vendors in order to promote and
28 ensure security, honesty, fairness, and integrity in the
29 operation and administration of the lottery and the objective
30 of raising net revenues for the benefit of the public purpose
31 described in this chapter act.
8
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 Section 8. Section 24.1121, Florida Statutes, is
2 created to read:
3 24.1121 Video lottery games.--
4 (1) Video lottery games may only be offered by a video
5 lottery retailer at its pari-mutuel facility. During any
6 calendar year in which a video lottery retailer maintains
7 video lottery terminals within the confines of its pari-mutuel
8 facility, the video lottery retailer must conduct a full
9 schedule of live racing or games as defined in s. 550.002(11)
10 or be authorized to receive broadcasts of horseraces pursuant
11 to s. 550.615. In the case of a person who possesses a
12 greyhound racing permit or a jai alai permit, such person
13 shall be eligible to serve as a video lottery retailer only if
14 that permitholder also conducted, during the prior fiscal
15 year, no fewer than 80 percent of the number of performances
16 and no fewer than 80 percent of the number of live races or
17 games which the same permitholder conducted during the
18 2001-2002 state fiscal year. The department may waive the
19 requirements provided in this subsection relating to the
20 conducting of live races or games upon a showing that the
21 failure to conduct such games resulted from a natural disaster
22 or other acts beyond the control of the permitholder. If the
23 video lottery retailer fails to comply with the requirement to
24 conduct a full schedule of races or games or, if a greyhound
25 racing permitholder or jai alai permitholder, the video
26 lottery retailer failed in the previous fiscal year to conduct
27 the required number of live races or games, within 30 days
28 after written notice from the department, the department shall
29 order the video lottery retailer to suspend its video lottery
30 operation. The department may assess an administrative fine
31 not to exceed $5,000 per video lottery terminal, per day,
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706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 against any video lottery retailer who fails to suspend its
2 video lottery operation when ordered to suspend by the
3 department. The department may enforce its order of suspension
4 or any administrative fine assessed in furtherance of such
5 order as provided in s. 120.69. Each video lottery retailer
6 shall post a bond payable to the state in an amount determined
7 by the department that is sufficient to guarantee payment to
8 the state of revenue due in any payment period.
9 (2) Each pari-mutuel permitholder shall notify the
10 department prior to operating video lottery games at the
11 pari-mutuel facility.
12 (3) To facilitate the auditing and security programs
13 critical to the integrity of the video lottery system, the
14 department shall have overall control of the entire system.
15 Each video lottery terminal shall be linked, directly or
16 indirectly, to a computer system under the control of the
17 department.
18 (4) The department shall determine, by rule, the
19 method by which cash receipts will be electronically validated
20 and redeemed.
21 (5) No person under the age of 18 years may play a
22 video lottery game authorized by this chapter.
23 (6) Video lottery games may be played at an authorized
24 video lottery retailer's pari-mutuel facility even if such
25 retailer is not conducting a pari-mutuel event.
26 (7) Video lottery games shall pay out a minimum of 88
27 percent of the amount of cash, tokens, credits, or vouchers
28 put into a video lottery terminal. The department may permit
29 the payment of a lesser percentage if requested by a video
30 lottery retailer and the department determines that the
31 payment of a minimum of 88 percent is not financially viable
10
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Amendment No. ___ (for drafter's use only)
1 at the video lottery retailer's location and that the total
2 amount of net revenue payable to the Public Education Capital
3 Outlay and Debt Service Trust Fund will not be negatively
4 impacted. Such percentages shall be measured on an annual
5 basis.
6 (8) Income derived from video lottery operations shall
7 not be subject to the provisions of s. 24.121. The allocation
8 of net terminal income derived from video lottery games shall
9 be as follows:
10 (a) Thirty-six percent to the Video Lottery
11 Administrative Trust Fund of the department for transfer to
12 the Public Education Capital Outlay and Debt Service Trust
13 Fund.
14 (b) Two percent to the Video Lottery Administrative
15 Trust Fund for transfer to in equal shares to the counties in
16 which the pari-mutuel facilities with video lottery terminals
17 are located. if any such pari-mutuel facility with video
18 lottery terminals is located within an incorporated
19 municipality, twenty percent of the equal share of the two
20 percent otherwise to be transferred to the county in which
21 such facility is located shall instead be transferred to such
22 municipality.
23 (c) Two percent to the Video Lottery Administrative
24 Trust Fund of the department for transfer to the
25 Administrative Trust Fund established pursuant to s. 24.120.
26 (d) Eight percent to the Video Lottery Administrative
27 Trust Fund of the department for transfer to the Video Lottery
28 Purse Trust Fund in the Department of Business and
29 Professional Regulation, to be distributed in accordance with
30 s. 550.26315(1).
31 (e) To the Video Lottery Administrative Trust Fund of
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706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 the department for transfer to the Department of Children and
2 Family Services, 0.25 percent for the establishment and
3 administration of a treatment program for compulsive gambling.
4 (f) If the video lottery retailer holds a valid
5 harness racing permit under chapter 550, 6 percent of its net
6 terminal income shall be distributed by the video lottery
7 retailer as purses for live performances conducted at the
8 video lottery retailer's pari-mutuel facility in accordance
9 with the provisions of chapter 550.
10 (g) If the video lottery retailer holds a valid jai
11 alai permit under chapter 550, 6 percent of its net terminal
12 income shall be distributed by the video lottery retailer as
13 purses for live performances conducted at the video lottery
14 retailer's pari-mutuel facility in accordance with chapter
15 550.
16 (h) If the video lottery retailer holds a valid
17 greyhound racing permit under chapter 550, 6 percent of its
18 net terminal income shall be distributed by the video lottery
19 retailer as purses for live performances conducted at the
20 video lottery retailer's pari-mutuel facility in accordance
21 with chapter 550.
22 (i) To be retained by the video lottery retailer as
23 compensation:
24 1. If a valid thoroughbred permitholder under chapter
25 550, 51.75 percent to be distributed as provided in paragraph
26 (j).
27 2. If a valid holder of a permit other than a
28 thoroughbred permit, 45.75 percent.
29 3. If the holder of a license issued pursuant to s.
30 550.615(9) or s. 550.6308, 51.75 percent to be distributed as
31 provided in paragraph (k).
12
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706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 (j) If the video lottery retailer holds a valid
2 thoroughbred racing permit under chapter 550, the remaining
3 net terminal income generated at its facility:
4 1. Three and three-tenths percent shall be distributed
5 for use as Florida thoroughbred breeders' and stallion awards
6 pursuant to ss. 550.26165 and 550.2625.
7 2. One-quarter of one percent shall be distributed to
8 the Jockeys' Guild Health and Welfare Trust maintained by
9 Jockeys' Guild, Inc., for the purpose of providing health,
10 disability, and retirement benefits to active, disabled, and
11 retired Florida jockeys in accordance with eligibility
12 criteria established by Jockeys' Guild, Inc., shall annually
13 provide a certified financial statement of the expenditures
14 made for benefits provided under this subparagraph.
15 3. Ninety-six and forty-five one hundredths percent
16 shall be distributed as provided by written agreement between
17 the video lottery retailer and the Florida Horseman's
18 Benevolent and Protective Association. Such contract shall be
19 filed with the department. No video lottery retailer required
20 to enter into a contract by this subparagraph shall be
21 authorized to conduct video lottery games unless such contract
22 is in effect and is filed with the department.
23 (k) If the video lottery retailer holds a license
24 issued pursuant to s. 550.615(9) or s. 550.6308, the remaining
25 net terminal income generated at its facility:
26 1. Three and three-tenths percent shall be distributed
27 for use as Florida thoroughbred breeders' and stallion awards
28 pursuant to ss. 550.26165 and 550.2625.
29 2. Ninety-six and seven-tenths percent shall be
30 distributed as provided by written agreement between the video
31 lottery retailer and the Florida Thoroughbred Breeders'
13
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706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 Association. Such contract shall be filed with the
2 department. No video lottery retailer required to enter into a
3 contract by this subparagraph shall be authorized to conduct
4 video lottery games unless such contract is in effect and is
5 filed with the department.
6 (9) The allocation provided in subsection (8) shall be
7 made weekly. Amounts allocated pursuant to paragraphs
8 (8)(a)-(e) shall be remitted to the department by electronic
9 transfer within 24 hours after the allocation is determined.
10 If live meets were conducted at the pari-mutuel facility of
11 the video lottery retailer during the weekly period for which
12 the allocation is made, the portion of the allocation to be
13 distributed pursuant to paragraphs (8)(f), (g), and (h) shall
14 be paid as purses for those live meets. If no live meets were
15 conducted at the pari-mutuel facility during the weekly period
16 for which the allocation is made, the distribution of purse
17 money shall be made during the next ensuing meet following the
18 weekly period in which the net terminal income is earned. The
19 accumulated amount to be distributed as purses during the next
20 ensuing meet shall be distributed weekly during the
21 permitholder's next race meeting in an amount determined by
22 dividing the amount to be distributed by the number of
23 performances approved for the permitholder pursuant to its
24 annual license and multiplying that amount by the number of
25 performances conducted each week. No less than one-half of the
26 interest income earned on funds required to be distributed
27 under paragraphs (8)(f), (g), and (h) prior to their
28 distribution as purses shall be distributed by the video
29 lottery retailer as purses for live performances conducted at
30 the video lottery retailer's pari-mutuel facility in
31 accordance with chapter 550.
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706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 (10) Any person who, with intent to manipulate the
2 outcome, payoff, or operation of a video lottery terminal,
3 manipulates or attempts to manipulate the outcome, payoff, or
4 operation of a video lottery terminal by physical or
5 electronic tampering or other means commits a felony of the
6 third degree, punishable as provided in s. 775.082, s.
7 775.083, or s. 775.084.
8 (11) Notwithstanding s. 24.115, each video lottery
9 retailer shall have the responsibility for payment of video
10 lottery prizes.
11 (12) In any area or room in a facility in which a
12 video lottery terminal is placed, the video lottery retailer
13 must also place video monitors displaying the live races or
14 games of that facility, if such are being conducted, or, if no
15 live races or games are being conducted, displaying some or
16 all of the available simulcast races or games, giving
17 preference to performances conducted by Florida pari-mutuel
18 permitholders. In each such area or room, the video lottery
19 retailer shall also provide a means by which patrons may wager
20 on pari-mutuel activity.
21 Section 9. Section 24.1122, Florida Statutes, is
22 created to read:
23 24.1122 Licensure of video lottery terminal
24 vendors.--Video lottery terminal vendors shall be licensed by
25 the Department of the Lottery, and, by August 1, 2002, the
26 department shall adopt rules governing such licensure. The
27 department shall not license any person as a video lottery
28 terminal vendor if such person has an interest in a video
29 lottery retailer or a business relationship with a video
30 lottery retailer other than as a vendor or lessor of video
31 lottery terminals.
15
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 Section 10. Section 24.1123, Florida Statutes, is
2 created to read:
3 24.1123 Local zoning of pari-mutuel facilities.--The
4 installation, operation, or use of a video lottery terminal on
5 any property on which pari-mutuel operations were or would
6 have been lawful under any county or municipal zoning
7 ordinance as of July 1, 2000, shall not be deemed to change
8 the character of the use of such property and shall not be
9 prohibited on such property by any local zoning ordinance or
10 amendments thereto.
11 Section 11. Section 24.1124, Florida Statutes, is
12 created to read:
13 24.1124 Video lottery terminals.--
14 (1) Video lottery terminals shall not be offered for
15 use or play in this state unless approved by the department.
16 (2) Video lottery terminals approved for use in this
17 state shall:
18 (a) Be protected against manipulation to affect the
19 random probabilities of winning plays.
20 (b) Have one or more mechanisms that accept coins,
21 currency, tokens, or vouchers in exchange for game credits.
22 Such mechanisms shall be designed to prevent players from
23 obtaining credits by means of physical tampering.
24 (c) Be capable of suspending play until reset at the
25 direction of the department as a result of physical tampering.
26 (d) Be capable of being linked to the department's
27 central computer communications system for the purpose of
28 auditing the operation, financial data, and program
29 information as required by the department.
30 Section 12. Section 24.1125, Florida Statutes, is
31 created to read:
16
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 24.1125 Video lottery terminal training program.--
2 (1) Every licensed video lottery terminal vendor shall
3 submit a training program for the service and maintenance of
4 such terminals and equipment for approval by the department.
5 The training program shall include an outline of the training
6 curriculum, a list of instructors and their qualifications, a
7 copy of the instructional materials, and the dates, times, and
8 location of training classes. No service and maintenance
9 program shall be held unless approved by the department.
10 (2) Every video lottery terminal service employee
11 shall complete the requirements of the manufacturer's training
12 program before such employee performs service, maintenance, or
13 repair on video lottery terminals or video lottery terminal
14 associated equipment. Upon the successful completion by a
15 service employee of the training program required by this
16 section, the department shall issue a certificate authorizing
17 such employee to service, maintain, and repair video lottery
18 terminals and video lottery terminal associated equipment. No
19 certificate of completion shall be issued to any video lottery
20 terminal service employee until the department has ascertained
21 that such employee has completed the required training
22 program. Any person certified as a video lottery terminal
23 service employee under this section shall pass a background
24 investigation conducted under the rules of the department. The
25 department may revoke certification upon finding a video
26 lottery terminal service employee in violation of any
27 provision of this chapter or a department rule.
28 (3) The department is authorized to adopt rules
29 regarding the training, qualifications, and certification of
30 video lottery terminal service employees, as provided in this
31 section.
17
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 Section 13. Section 24.1126, Florida Statutes, is
2 created to read:
3 24.1126 Notice of availability of assistance for
4 compulsive gambling required.--
5 (1) The owner of each facility at which video lottery
6 games are conducted, pursuant to the provisions of chapter 24,
7 shall post signs with the statement "IF YOU OR SOMEONE YOU
8 KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE. CALL
9 1-800-426-7711." Such signs shall be posted within 50 feet of
10 each entrance and exit and within 50 feet of each credit
11 location within the facility.
12 (2) Each pari-mutuel facility licensee, who operates
13 as a video lottery retailer, shall print the statement "IF YOU
14 OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE.
15 CALL 1-800-426-7711" on all daily racing programs provided by
16 the licensee or its lessees to the general public.
17 Section 14. Subsection (2) of section 24.117, Florida
18 Statutes, is amended to read:
19 24.117 Unlawful sale of lottery tickets; penalty.--Any
20 person who knowingly:
21 (2) Sells a state lottery ticket to a minor or permits
22 a minor to use a video lottery terminal; or
23
24 is guilty of a misdemeanor of the first degree, punishable as
25 provided in s. 775.082 or s. 775.083.
26 Section 15. Subsection (4) of section 24.118, Florida
27 Statutes, is amended to read:
28 24.118 Other prohibited acts; penalties.--
29 (4) BREACH OF CONFIDENTIALITY.--Any person who, with
30 intent to defraud or with intent to provide a financial or
31 other advantage to himself, herself, or another, knowingly and
18
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 willfully discloses any information relating to the lottery
2 designated as confidential and exempt from the provisions of
3 s. 119.07(1) pursuant to this chapter act is guilty of a
4 felony of the first degree, punishable as provided in s.
5 775.082, s. 775.083, or s. 775.084.
6 Section 16. Subsection (1) of section 24.120, Florida
7 Statutes, is amended to read:
8 24.120 Financial matters; Administrative Trust Fund;
9 interagency cooperation.--
10 (1) There is hereby created in the State Treasury an
11 Administrative Trust Fund to be administered in accordance
12 with chapters 215 and 216 by the department. All money
13 received by the department which remains after payment of
14 prizes and initial compensation paid to retailers shall be
15 deposited into the Administrative Trust Fund. All moneys in
16 the trust fund are appropriated to the department for the
17 purposes specified in this chapter act.
18 Section 17. Section 24.122, Florida Statutes, is
19 amended to read:
20 24.122 Exemption from taxation; state preemption;
21 inapplicability of other laws.--
22 (1) This chapter act shall not be construed to
23 authorize any lottery except the lotteries lottery operated or
24 directed by the department pursuant to this chapter act.
25 (2) No state or local tax shall be imposed upon any
26 prize paid or payable under this chapter act or upon the sale
27 of any lottery ticket or the installation, rental, or use of
28 any video lottery terminal pursuant to this chapter act.
29 (3) All matters relating to the operation of the state
30 lottery are preempted to the state, and no county,
31 municipality, or other political subdivision of the state
19
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 shall enact any ordinance relating to the operation of the
2 lottery authorized by this chapter act. However, this
3 subsection shall not prohibit a political subdivision of the
4 state from requiring a retailer to obtain an occupational
5 license for any business unrelated to the sale of lottery
6 tickets.
7 (4) Any state or local law providing any penalty,
8 disability, restriction, or prohibition for the possession,
9 manufacture, transportation, distribution, advertising, or
10 sale of any lottery ticket, including chapter 849, shall not
11 apply to the tickets of the state lottery operated pursuant to
12 this chapter act; nor shall any such law apply to the
13 possession of a ticket issued by any other government-operated
14 lottery. In addition, activities of the department under this
15 chapter act are exempt from the provisions of:
16 (a) Chapter 616, relating to public fairs and
17 expositions.
18 (b) Chapter 946, relating to correctional work
19 programs.
20 (c) Chapter 282, relating to communications and data
21 processing.
22 (d) Section 110.131, relating to other personal
23 services.
24 Section 18. Subsection (24) of section 212.02, Florida
25 Statutes, is amended to read:
26 212.02 Definitions.--The following terms and phrases
27 when used in this chapter have the meanings ascribed to them
28 in this section, except where the context clearly indicates a
29 different meaning:
30 (24) "Coin-operated amusement machine" means any
31 machine operated by coin, slug, token, coupon, or similar
20
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 device for the purposes of entertainment or amusement. The
2 term includes, but is not limited to, coin-operated pinball
3 machines, music machines, juke boxes, mechanical games, video
4 games, arcade games, billiard tables, moving picture viewers,
5 shooting galleries, and all other similar amusement devices.
6 The term does not include a video lottery terminal approved
7 pursuant to chapter 24.
8 Section 19. Section 550.26315, Florida Statutes, is
9 created to read:
10 550.26315 Administration of the Video Lottery Purse
11 Trust Fund.--
12 (1) Fifty-eight percent of the proceeds of the Video
13 Lottery Purse Trust Fund shall be transferred to the Video
14 Lottery Thoroughbred Trust Fund.
15 (2) Forty-two percent of the proceeds of the Video
16 Lottery Purse Trust Fund shall be distributed to pari-mutuel
17 permitholders to be distributed as purses at their respective
18 pari-mutuel facilities as follows:
19 (a) Eight percent shall be distributed to holders of
20 valid harness racing permits.
21 (b) Seven percent shall be distributed to holders of
22 valid jai alai permits.
23 (c) Twenty-seven percent shall be distributed to
24 holders of valid greyhound racing permits.
25
26 Each permitholder entitled to receive distributions under a
27 paragraph of this subsection shall receive a percentage of the
28 amount to be distributed under that paragraph which is
29 determined by dividing the amounts paid in purses by such
30 permitholder during the state fiscal year 2000-2001 by the
31 amount of purses paid by all such permitholders statewide
21
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 during the state fiscal year 2000-2001.
2 (3) All proceeds distributed under this section are in
3 addition to and supplement the other funds set forth in this
4 chapter for use as purses, awards, and, in the case of jai
5 alai, player compensation.
6 (4) Of amounts to be distributed pursuant to this
7 section and s. 24.1121(8)(h) to persons holding valid
8 greyhound racing permits, 10 percent of such sums shall be
9 distributed as additional purses on all live races at each
10 facility to Florida-bred greyhounds in a manner similar to the
11 distribution of regular purses and in accordance with rules
12 adopted by the division.
13 (5) Of amounts to be distributed pursuant to this
14 section and s. 24.1121(8)(f) to persons holding valid harness
15 racing permits, 6.6 percent of such sums shall be distributed
16 for payment of breeders' awards, stallion awards, and stallion
17 stakes, and for additional expenditures pursuant to ss.
18 550.26165 and 550.2625. The Florida Standardbred Breeders and
19 Owners Association may, in accordance with s. 550.2625(4),
20 deduct a fee for administering the payment of awards and for
21 general promotion of the industry.
22 (6) The department is authorized to adopt rules to
23 provide for the equitable distribution of funds by
24 permitholders for purses, awards, or jai alai player
25 compensation, in accordance with the provisions of this
26 section.
27 Section 20. Section 550.26325, Florida Statutes, is
28 created to read:
29 550.26325 Distribution of funds from Video Lottery
30 Thoroughbred Trust Fund.--The proceeds of the Video Lottery
31 Thoroughbred Trust Fund shall be distributed as follows:
22
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 (1) For use as Florida thoroughbred breeders' and
2 stallion awards pursuant to ss. 550.26165 and 550.2625: 6.6
3 percent. The Florida Thoroughbred Breeders' Association may,
4 in accordance with s. 550.2625(3), deduct a fee for
5 administering the payment of awards and for general promotion
6 of the industry.
7 (2) The remainder shall be divided proportionally
8 among the thoroughbred permitholders for use as purses based
9 upon a formula determined by dividing the amounts paid in
10 purses by such thoroughbred permitholder during the 2000-2001
11 state fiscal year by the amount of purses paid by all such
12 thoroughbred permitholders statewide during the 2000-2001
13 state fiscal year.
14 Section 21. Paragraphs (d) and (e) of subsection (2)
15 and paragraph (a) of subsection (6) of section 550.2625,
16 Florida Statutes, are amended, and paragraph (f) is added to
17 subsection (2), to read:
18 550.2625 Horseracing; minimum purse requirement,
19 Florida breeders' and owners' awards.--
20 (2) Each permitholder conducting a horserace meet is
21 required to pay from the takeout withheld on pari-mutuel pools
22 a sum for purses in accordance with the type of race
23 performed.
24 (d) The division shall adopt reasonable rules to
25 ensure the timely and accurate payment of all amounts withheld
26 by horserace permitholders regarding the distribution of
27 purses, Florida breeders' and stallion awards, and Florida
28 owners' awards, and all other amounts received or collected
29 for payment to owners and breeders, including video lottery
30 proceeds. Each permitholder that fails to pay out during its
31 meet all moneys received or collected for payment to owners
23
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 and breeders during that meet shall, within 30 10 days after
2 the end of the meet during which the underpayment occurred
3 permitholder underpaid purses, deposit an amount equal to the
4 underpayment into a separate interest-bearing account to be
5 distributed to owners and breeders in accordance with division
6 rules. Any permitholder paying out during its meet less than
7 90 percent of all moneys received or collected for payment to
8 owners and breeders during that meet shall be subject to an
9 administrative fine in an amount equal to double the amount of
10 the underpayment. Within 30 days after the end of its meet,
11 each permitholder shall be required to file with the division
12 an audited accounting reflecting the receipt and payment of
13 all sums dedicated to purses, Florida breeders' and stallion
14 awards, and Florida owners' awards.
15 (e) An amount equal to 8.5 percent of the purse
16 account generated through video lottery proceeds pursuant to
17 s. 550.26325(2), intertrack wagering, and interstate
18 simulcasting shall will be used for Florida Owners' Awards as
19 set forth in subsection (3). This percentage may be changed by
20 written agreement between the Florida Horseman's Benevolent
21 and Protective Association and the Florida Thoroughbred
22 Breeders' Association, filed with the division. Any
23 thoroughbred permitholder that had with an average blended
24 takeout which does not exceed 20 percent and with an average
25 daily purse distribution excluding sponsorship, entry fees,
26 and nominations exceeding $225,000 in the 2000-2001 fiscal
27 year is exempt from the provisions of this paragraph. This
28 exemption shall apply for up to 73 racing days.
29 (f) The division shall adopt reasonable rules to
30 ensure the timely and accurate payment of all amounts received
31 or collected by a horsemen's or breeders' association for
24
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 payment to owners and breeders, including video lottery
2 proceeds. Each horsemen's or breeders' association that fails
3 to pay out during the calendar year all moneys received or
4 collected for payment to owners and breeders during that year
5 shall, within 30 days after the end of the calendar year
6 during which the underpayment occurred, deposit an amount
7 equal to the underpayment into a separate interest-bearing
8 account to be distributed to owners or breeders in accordance
9 with division rules. Any horsemen's or breeders' association
10 paying out during the calendar year less than 90 percent of
11 all moneys received or collected for payment to owners and
12 breeders during that calendar year shall be subject to an
13 administrative fine in an amount equal to double the amount of
14 the underpayment. Within 60 days after the end of the calendar
15 year, each permitholder shall be required to file with the
16 division an audited accounting reflecting the receipt and
17 payment of all sums received and collected for payment to
18 owners and breeders.
19 (6)(a) The takeout may be used for the payment of
20 awards to owners of registered Florida-bred horses placing
21 first in a claiming race, an allowance race, a maiden special
22 race, or a stakes race in which the announced purse, exclusive
23 of entry and starting fees and added moneys, does not exceed
24 $40,000 or such higher amount as may be agreed to in writing
25 between the permitholder and the Florida Horseman's Benevolent
26 and Protective Association, which agreement shall be filed
27 with the division.
28 Section 22. Section 550.401, Florida Statutes, is
29 created to read:
30 550.401 Limited prohibition on termination of kennel
31 operators.--A greyhound track may not terminate a kennel
25
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 operator, other than for breach of contract that remains in
2 breach 15 days following the delivery in writing of notice of
3 such breach to the kennel operator, for 12 months following
4 the first period that purse payments are made pursuant to the
5 provisions of s. 550.26315. Thereafter, only those kennel
6 operators can be terminated without cause if the kennel
7 occupies one of the bottom three positions based on total
8 number of wins for two consecutive racing seasons, which may
9 include the 12-month period following the first period that
10 purse payments are made pursuant to the provisions of s.
11 550.26315.
12 Section 23. Subsections (3) and (4) of section
13 550.615, Florida Statutes, are amended to read:
14 550.615 Intertrack wagering.--
15 (3)(a) If a permitholder who operates as a video
16 lottery retailer as defined in s. 24.103 elects to broadcast
17 its signal to any permitholder in this state, any
18 permitholder, not located within 25 miles of the host track,
19 that is eligible to conduct intertrack wagering under the
20 provisions of ss. 550.615-550.6345 is entitled to receive the
21 broadcast and conduct intertrack wagering under this section;
22 provided, however, that the host track may require a guest
23 track within 25 miles of another permitholder to receive in
24 any week at least 60 percent of the live races that the host
25 track is making available on the days that the guest track is
26 otherwise operating live races or games. A host track may
27 require a guest track not operating live races or games and
28 within 25 miles of another permitholder to accept within any
29 week at least 60 percent of the live races that the host track
30 is making available. A permitholder may, pursuant to a written
31 contract, elect to broadcast its signal to any permitholder in
26
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 this state located within 25 miles of the host track, provided
2 that where a thoroughbred permitholder is the host track, any
3 such contract must be approved by the Florida Horseman's
4 Benevolent and Protective Association. A person may not
5 restrain or attempt to restrain any permitholder that is
6 otherwise authorized to conduct intertrack wagering from
7 receiving the signal of any other permitholder or sending its
8 signal to any permitholder.
9 (b) If a permitholder who does not operate as a video
10 lottery retailer as defined in s. 24.103 elects to broadcast
11 its signal to any permitholder in this state, any permitholder
12 that is eligible to conduct intertrack wagering under the
13 provisions of ss. 550.615-550.6345 is entitled to receive the
14 broadcast and conduct intertrack wagering under this section;
15 provided, however, that the host track may require a guest
16 track within 25 miles of another permitholder to receive in
17 any week at least 60 percent of the live races that the host
18 track is making available on the days that the guest track is
19 otherwise operating live races or games. A host track may
20 require a guest track not operating live races or games and
21 within 25 miles of another permitholder to accept within any
22 week at least 60 percent of the live races that the host track
23 is making available. A person may not restrain or attempt to
24 restrain any permitholder that is otherwise authorized to
25 conduct intertrack wagering from receiving the signal of any
26 other permitholder or sending its signal to any permitholder.
27 (4) In no event shall any intertrack wager be accepted
28 on the same class of live or simulcast races or games of any
29 permitholder without the written consent of such operating
30 permitholders conducting the same class of live or simulcast
31 races or games if the guest track is within the market area of
27
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 such operating permitholder.
2 Section 24. Paragraph (g) of subsection (9) of section
3 550.6305, Florida Statutes, is amended to read:
4 550.6305 Intertrack wagering; guest track payments;
5 accounting rules.--
6 (9) A host track that has contracted with an
7 out-of-state horse track to broadcast live races conducted at
8 such out-of-state horse track pursuant to s. 550.3551(5) may
9 broadcast such out-of-state races to any guest track and
10 accept wagers thereon in the same manner as is provided in s.
11 550.3551.
12 (g)1. Any thoroughbred permitholder which accepts
13 wagers on a simulcast signal must make the signal available to
14 any permitholder that is located more than 25 miles from where
15 the permitholder providing the signal is located and that is
16 eligible to conduct intertrack wagering under the provisions
17 of ss. 550.615-550.6345.
18 2. Any thoroughbred permitholder which accepts wagers
19 on a simulcast signal received after 6 p.m. must make such
20 signal available to any permitholder that is eligible to
21 conduct intertrack wagering under the provisions of ss.
22 550.615-550.6345, including any permitholder located as
23 specified in s. 550.615(6). Such guest permitholders are
24 authorized to accept wagers on such simulcast signal,
25 notwithstanding any other provision of this chapter to the
26 contrary.
27 3. Any thoroughbred permitholder which accepts wagers
28 on a simulcast signal received after 6 p.m. must make such
29 signal available to any permitholder that is eligible to
30 conduct intertrack wagering under the provisions of ss.
31 550.615-550.6345, including any permitholder located as
28
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 specified in s. 550.615(9). Such guest permitholders are
2 authorized to accept wagers on such simulcast signals for a
3 number of performances not to exceed that which constitutes a
4 full schedule of live races for a quarter horse permitholder
5 pursuant to s. 550.002(11), notwithstanding any other
6 provision of this chapter to the contrary, except that the
7 restrictions provided in s. 550.615(9)(a) apply to wagers on
8 such simulcast signals.
9
10 No thoroughbred permitholder shall be required to continue to
11 rebroadcast a simulcast signal to any in-state permitholder if
12 the average per performance gross receipts returned to the
13 host permitholder over the preceding 30-day period were less
14 than $100. Subject to the provisions of s. 550.615(4), as a
15 condition of receiving rebroadcasts of thoroughbred simulcast
16 signals under this paragraph, a guest permitholder must accept
17 intertrack wagers on all live races conducted by all
18 then-operating thoroughbred permitholders.
19 Section 25. Subsection (6) is added to section
20 550.6308, Florida Statutes, to read:
21 550.6308 Limited intertrack wagering license.--In
22 recognition of the economic importance of the thoroughbred
23 breeding industry to this state, its positive impact on
24 tourism, and of the importance of a permanent thoroughbred
25 sales facility as a key focal point for the activities of the
26 industry, a limited license to conduct intertrack wagering is
27 established to ensure the continued viability and public
28 interest in thoroughbred breeding in Florida.
29 (6) Notwithstanding the limitations on use of the
30 license provided in subsections (1) and (4) and s. 550.615(9),
31 if the licensee is also operating as a video lottery retailer,
29
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 the licensee may conduct intertrack wagering on thoroughbred
2 horse racing and on greyhound racing and the licensee may also
3 conduct intertrack wagering between May 9 and October 31 at
4 such times and on such days as any thoroughbred, jai alai, or
5 a greyhound permitholder in the same county is conducting live
6 performances.
7 Section 26. Subsection (5) of section 565.02, Florida
8 Statutes, is amended to read:
9 565.02 License fees; vendors; clubs; caterers; and
10 others.--
11 (5) A caterer at a horse or dog racetrack or jai alai
12 fronton may obtain a license upon the payment of an annual
13 state license tax of $675. Such caterer's license shall permit
14 sales only within the enclosure in which such races or jai
15 alai games are conducted, and such licensee shall be permitted
16 to sell only during the period beginning 10 days before and
17 ending 10 days after racing or jai alai under the authority of
18 the Division of Pari-mutuel Wagering of the Department of
19 Business and Professional Regulation is conducted at such
20 racetrack or jai alai fronton and on days on which the
21 pari-mutuel facility is open to the public for the purpose of
22 video lottery play authorized by the Department of the
23 Lottery. Except as in this subsection otherwise provided,
24 caterers licensed hereunder shall be treated as vendors
25 licensed to sell by the drink the beverages mentioned herein
26 and shall be subject to all the provisions hereof relating to
27 such vendors.
28 Section 27. Compulsive gambling program.--The Alcohol,
29 Drug Abuse, and Mental Health Program Office within the
30 Department of Children and Family Services shall establish a
31 program for public education, awareness, and training
30
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 regarding problem and compulsive gambling and the treatment
2 and prevention of problem and compulsive gambling. The program
3 shall include:
4 (1) Maintenance of a compulsive gambling advocacy
5 organization's toll-free problem gambling telephone number to
6 provide crisis counseling and referral services to families
7 experiencing difficulty as a result of problem or compulsive
8 gambling.
9 (2) The promotion of public awareness regarding the
10 recognition and prevention of problem or compulsive gambling.
11 (3) Facilitation, through inservice training and other
12 means, of the availability of effective assistance programs
13 for problem and compulsive gamblers, of all ages, and family
14 members affected by problem and compulsive gambling.
15 (4) Studies to identify adults and juveniles in this
16 state who are, or who are at risk of becoming, problem or
17 compulsive gamblers.
18 Section 28. This act shall take effect upon becoming a
19 law, if House Bill , House Bill , House Bill , and
20 House Bill , or similar legislation is adopted in the same
21 legislative session or an extension thereof and becomes law.
22
23
24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 remove: the entire title
27
28 and insert:
29 A bill to be entitled
30 An act relating to video lotteries; amending s.
31 24.101, F.S.; redesignating ch. 24, F.S., as
31
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 the "Florida Public Education Lottery Chapter";
2 amending ss. 24.102, 24.108, 24.111, 24.118,
3 and 24.120, F.S., to conform; making technical
4 corrections within the chapter; amending s.
5 24.103, F.S., relating to definitions; defining
6 the terms "video lottery game," "video lottery
7 terminal vendor," "net terminal income," and
8 "video lottery retailer"; amending s. 24.105,
9 F.S.; providing duties of the Department of the
10 Lottery relating to establishment and operation
11 of video lottery games; providing specific
12 rulemaking authority; amending s. 24.1055,
13 F.S.; correcting a reference; prohibiting
14 participation of minors in video lottery games;
15 requiring warning signs; providing criminal
16 penalties; creating s. 24.1121, F.S.; providing
17 requirements for video lottery games and
18 retailers; providing suspension powers to the
19 Department of the Lottery; providing for fines;
20 providing for enforcement of suspension orders
21 or fines in circuit court; providing for
22 allocation of net terminal income; providing
23 for distribution of proceeds; providing funds
24 to the Department of Children and Family
25 Services for a program on compulsive gambling;
26 providing for use of certain funds for purses,
27 awards, and benefits; requiring certain written
28 agreements; providing for transfer of funds
29 into the Public Education Capital Outlay and
30 Debt Service Trust Fund and into the Department
31 of Elderly Affairs' Grants and Donations Trust
32
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 Fund; prohibiting manipulation or attempted
2 manipulation of lottery games or terminals;
3 providing criminal penalties; providing for
4 payment of prizes; prohibiting isolation of
5 video lottery terminals in pari-mutuel
6 facilities; creating s. 24.1122, F.S.;
7 providing for licensure of video lottery
8 terminal vendors; creating s. 24.1123, F.S.;
9 prohibiting certain zoning changes by local
10 governments; creating s. 24.1124, F.S.,
11 relating to video lottery terminals; requiring
12 that such terminals be approved by the
13 department; providing technical specifications;
14 creating s. 24.1125, F.S.; providing for
15 training and certification of video lottery
16 terminal service employees; providing
17 rulemaking authority; creating s. 24.1126,
18 F.S.; requiring video lottery retailers to
19 provide notice of a toll-free problem gambling
20 hotline; amending s. 24.117, F.S.; prohibiting
21 knowingly permitting use of video lottery
22 terminals by minors; providing criminal
23 penalties; amending s. 24.122, F.S.;
24 prohibiting state and local taxation of the
25 installation, rental, or use of video lottery
26 terminals; amending s. 212.02, F.S.; clarifying
27 that video lottery terminals are not
28 coin-operated amusement machines for the
29 purpose of taxation; creating s. 550.26315,
30 F.S., relating to the administration of the
31 Video Lottery Purse Trust Fund; providing for
33
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HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 distribution of proceeds; requiring certain
2 proceeds to be used as additional purses,
3 awards, or compensation; providing for transfer
4 of certain proceeds to the Video Lottery
5 Thoroughbred Trust Fund; providing rulemaking
6 authority; creating s. 550.26325, F.S.,
7 relating to the distribution of funds from the
8 Video Lottery Thoroughbred Trust Fund;
9 requiring certain uses of distributed funds;
10 amending s. 550.2625, F.S.; requiring that the
11 Division of Pari-Mutuel Wagering of the
12 Department of Business and Professional
13 Regulation adopt rules regarding the
14 distribution of certain awards and funds,
15 including video lottery proceeds, received for
16 distribution to thoroughbred owners and
17 breeders by pari-mutuel permitholders or by
18 horsemen's or breeders' associations; providing
19 an exemption; providing administrative fines
20 for underpaying purses or awards; requiring
21 periodic audited accountings by permitholders
22 and by horsemen's and breeders' associations;
23 permitting agreement to increase the cap on
24 horseracing purses; creating s. 550.401, F.S.;
25 prohibiting the cancellation of certain
26 contracts by greyhound racing tracks; amending
27 s. 550.615, F.S.; providing that pari-mutuel
28 facilities are not required to broadcast their
29 intertrack signals to other facilities located
30 within 25 miles; requiring approval of certain
31 intertrack contracts; requiring written consent
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File original & 9 copies 03/14/02
hbd0005 09:31 am 01949-0095-210103
HOUSE AMENDMENT
706-141AXB-02 Bill No. HB 1949
Amendment No. ___ (for drafter's use only)
1 of certain permitholders relating to intertrack
2 wagering; amending s. 550.6305, F.S.; providing
3 that pari-mutuel facilities are not required to
4 broadcast their intertrack signals to other
5 facilities located within 25 miles; repealing
6 additional requirements and authority provided
7 in relation to intertrack wagering on nighttime
8 thoroughbred races; amending s. 550.6308, F.S.;
9 authorizing an intertrack wagering licensee to
10 conduct intertrack wagering on additional types
11 of races and on additional days if operating as
12 a video lottery retailer; amending s. 565.02,
13 F.S.; providing that pari-mutuel facilities may
14 be licensed to sell alcoholic beverages when
15 conducting video lottery games; directing the
16 Alcohol, Drug Abuse, and Mental Health Program
17 Office within the Department of Children and
18 Family Services to establish a program relating
19 to compulsive gambling, which includes public
20 education, training, prevention, and treatment;
21 providing a contingent effective date.
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File original & 9 copies 03/14/02
hbd0005 09:31 am 01949-0095-210103