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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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Greenstein offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

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.

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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

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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

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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

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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

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                                                   HOUSE AMENDMENT

    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.

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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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                                                   HOUSE AMENDMENT

    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

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                                                   HOUSE AMENDMENT

    706-141AXB-02                                 Bill No. HB 1949

    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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                                                   HOUSE AMENDMENT

    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).

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                                                   HOUSE AMENDMENT

    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'

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                                                   HOUSE AMENDMENT

    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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                                                   HOUSE AMENDMENT

    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

                                  34

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                                                   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.

22

23

24

25

26

27

28

29

30

31

                                  35

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