CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 The Council for Smarter Government offered the following:
12
13 Amendment (with title amendment)
14 On page 4, line 8,
15 remove: all of said line,
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17 and insert:
18 Section 3. Section 24.101, Florida Statutes, is
19 amended to read:
20 24.101 Short title.--This chapter act may be cited as
21 the "Florida Public Education Lottery Chapter Act."
22 Section 4. Subsection (1) and paragraph (a) of
23 subsection (2) of section 24.102, Florida Statutes, are
24 amended to read:
25 24.102 Purpose and intent.--
26 (1) The purpose of this chapter act is to implement s.
27 15, Art. X of the State Constitution in a manner that enables
28 the people of the state to benefit from significant additional
29 moneys for education and also enables the people of the state
30 to play the best lottery games available.
31 (2) The intent of the Legislature is:
1
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 (a) That the net proceeds of lottery games conducted
2 pursuant to this chapter act be used to support improvements
3 in public education and that such proceeds not be used as a
4 substitute for existing resources for public education.
5 Section 5. The introductory paragraph and subsections
6 (7), (8), (9), and (10) are added to section 24.103, Florida
7 Statutes, to read:
8 24.103 Definitions.--As used in this chapter act:
9 (7) "Video lottery game" means an electronically
10 simulated game involving any element of chance that is played
11 on a video lottery terminal that, upon insertion of cash,
12 tokens, credits, or voucher, is available to play or simulate
13 a lottery-type game, including, but not limited to, line-up
14 games utilizing a video display and microprocessors, and in
15 which, by means of an element of chance, the player may
16 receive credits that can be redeemed for cash. "Video lottery
17 game" also means an electronically simulated game involving
18 elements of chance and skill that is played on a video lottery
19 terminal that, upon insertion of cash, tokens, credits, or
20 voucher, is available to play or simulate the play of
21 traditional card games including, but not limited to, video
22 poker, utilizing a cathode ray tube or video display screen
23 and microprocessors, and in which the player may win credits
24 that can be redeemed for cash. "Video lottery game" also
25 includes a progressive game, which is any game in which a
26 jackpot grows and accumulates as it is being played on a video
27 lottery terminal, or on a network of video lottery terminals,
28 and in which the outcome is randomly determined by the play of
29 video lottery terminals linked by a central network. A video
30 lottery terminal may use spinning reels or video displays, or
31 both. No video lottery terminal shall directly dispense coins,
2
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 cash, or tokens.
2 (8) "Video lottery terminal vendor" means any person
3 or entity approved by the department which provides the video
4 lottery terminals to a video lottery retailer or computer
5 functions related to video lottery terminals to the
6 department.
7 (9) "Net terminal income" means currency and other
8 consideration placed into a video lottery terminal minus
9 credits redeemed by players.
10 (10) "Video lottery retailer" means any person who
11 possesses a pari-mutuel permit on July 1, 2001, issued
12 pursuant to chapter 550, who either has conducted a full
13 schedule of live greyhound, horse, or harness racing between
14 July 1, 2000, and June 30, 2001, as defined by s. 550.002(11),
15 or has conducted at least one full schedule of live jai alai
16 games between January 1, 1990, and June 30, 2001, as defined
17 by s. 550.002(11), or is authorized to receive broadcasts of
18 horseraces pursuant to s. 550.615.
19 Section 6. Subsection (7) and paragraph (a) of
20 subsection (9) of section 24.105, Florida Statutes, are
21 amended, paragraphs (k), (l), and (m) are added to subsection
22 (9), and subsections (21), (22), (23), (24), (25), and (26)
23 are added to said section, to read:
24 24.105 Powers and duties of department.--The
25 department shall:
26 (7) Make a continuing study of the lottery to
27 ascertain any defects of the laws governing the lottery this
28 act or rules adopted thereunder which could result in abuses
29 in the administration of the lottery; make a continuing study
30 of the operation and the administration of similar laws in
31 other states and of federal laws which may affect the lottery;
3
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 and make a continuing study of the reaction of the public to
2 existing and potential features of the lottery.
3 (9) Adopt rules governing the establishment and
4 operation of the state lottery, including:
5 (a) The type of lottery games to be conducted, except
6 that:
7 1. No name of an elected official shall appear on the
8 ticket or play slip of any lottery game or on any prize or on
9 any instrument used for the payment of prizes, unless such
10 prize is in the form of a state warrant.
11 2. No coins or currency shall be dispensed from any
12 electronic computer terminal or device used in any lottery
13 game.
14 3. Other than as provided in subparagraph 4., no
15 terminal or device may be used for any lottery game which may
16 be operated solely by the player without the assistance of the
17 retailer, except authorized video lottery terminals operated
18 pursuant to this chapter.
19 4. The only player-activated machine which may be
20 utilized is a machine which dispenses instant lottery game
21 tickets following the insertion of a coin or currency by a
22 ticket purchaser. To be authorized a machine must: be under
23 the supervision and within the direct line of sight of the
24 lottery retailer to ensure that the machine is monitored and
25 only operated by persons at least 18 years of age; be capable
26 of being electronically deactivated by the retailer to
27 prohibit use by persons less than 18 years of age through the
28 use of a lockout device that maintains the machine's
29 deactivation for a period of no less than 5 minutes; and be
30 designed to prevent its use or conversion for use in any
31 manner other than the dispensing of instant lottery tickets.
4
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 Authorized machines may dispense change to players purchasing
2 tickets but may not be utilized for paying the holders of
3 winning tickets of any kind. At least one clerk must be on
4 duty at the lottery retailer while the machine is in
5 operation. However, at least two clerks must be on duty at any
6 lottery location which has violated s. 24.1055.
7 (k) The regulation of video lottery retailers as
8 pertains to video lottery products.
9 (l) Specifications for video lottery terminals to be
10 approved and authorized as the department deems necessary to
11 maintain the integrity of video lottery games and terminals.
12 Initial rules sufficient to permit the operation of video
13 lotteries and the licensing of video lottery retailers shall
14 be adopted no later than August 1, 2002. The department shall
15 not provide for specifications which would have the result of
16 reducing to fewer than four the number of video lottery
17 terminal vendors who supply terminals which meet the
18 specifications.
19 (m) The licensure and regulation of video lottery
20 terminal vendors. The department shall not approve any person
21 as a video lottery terminal vendor if such person has an
22 interest in a video lottery retailer or a business
23 relationship with a video lottery retailer other than as a
24 vendor or lessor of video lottery terminals.
25 (21) Have in place the capacity to support video
26 lottery games at facilities of video lottery retailers
27 beginning no later than October 1, 2002.
28 (22) Hear and decide promptly and in reasonable order
29 all license applications or proceedings for suspension or
30 revocation of licenses.
31 (23) Collect and disperse such revenue due the
5
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 department as described in this chapter.
2 (24) Certify net terminal income by inspecting
3 records, conducting audits, or any other reasonable means.
4 (25) Provide a list of approved vendors and maintain a
5 current list of all contracts between video lottery terminal
6 vendors and video lottery retailers.
7 (26) Approve an application as a video lottery
8 retailer pursuant to s. 24.103(10) within 30 days after the
9 receipt of the application.
10 Section 7. Section 24.1055, Florida Statutes, is
11 amended to read:
12 24.1055 Prohibition against sale of lottery tickets to
13 minors; posting of signs; penalties.--
14 (1) No person who is less than 18 years of age may
15 purchase a lottery ticket by means of a machine or otherwise.
16 (2) Any retailer that sells lottery tickets by means
17 of a player activated machine shall post a clear and
18 conspicuous sign on such machine, which states the following:
19 THE SALE OF LOTTERY TICKETS TO PERSONS UNDER
20 THE AGE OF 18 IS AGAINST FLORIDA LAW (SECTION
21 24.1055 24.105, FLORIDA STATUTES). PROOF OF
22 AGE IS REQUIRED FOR PURCHASE.
23 (3) No person who is less than 18 years of age may
24 play a video lottery game authorized by this chapter.
25 (4) Any video lottery retailer that has a video
26 lottery terminal at its facility shall post a clear and
27 conspicuous sign on such terminal, which states the following:
28 THE USE OF A VIDEO LOTTERY TERMINAL BY PERSONS
29 UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW
30 (SECTION 24.1055, FLORIDA STATUTES). PROOF OF
31 AGE IS REQUIRED FOR USE.
6
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 (5)(3) Any person, including any vendor or video
2 lottery retailer, who violates this section is guilty of a
3 misdemeanor of the second degree, punishable as provided in s.
4 775.082 or s. 775.083.
5 Section 8. Subsection (5) and paragraph (b) of
6 subsection (7) of section 24.108, Florida Statutes, are
7 amended to read:
8 24.108 Division of Security; duties; security
9 report.--
10 (5) The Department of Law Enforcement shall provide
11 assistance in obtaining criminal history information relevant
12 to investigations required for honest, secure, and exemplary
13 lottery operations, and such other assistance as may be
14 requested by the secretary and agreed to by the executive
15 director of the Department of Law Enforcement. Any other state
16 agency, including the Department of Business and Professional
17 Regulation and the Department of Revenue, shall, upon request,
18 provide the Department of the Lottery with any information
19 relevant to any investigation conducted pursuant to this
20 chapter act. The Department of the Lottery shall maintain the
21 confidentiality of any confidential information it receives
22 from any other agency. The Department of the Lottery shall
23 reimburse any agency for the actual cost of providing any
24 assistance pursuant to this subsection.
25 (7)
26 (b) The portion of the security report containing the
27 overall evaluation of the department in terms of each aspect
28 of security shall be presented to the Governor, the President
29 of the Senate, and the Speaker of the House of
30 Representatives. The portion of the security report
31 containing specific recommendations shall be confidential and
7
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 shall be presented only to the secretary, the Governor, and
2 the Auditor General; however, upon certification that such
3 information is necessary for the purpose of effecting
4 legislative changes, such information shall be disclosed to
5 the President of the Senate and the Speaker of the House of
6 Representatives, who may disclose such information to members
7 of the Legislature and legislative staff as necessary to
8 effect such purpose. However, any person who receives a copy
9 of such information or other information which is confidential
10 pursuant to this chapter act or rule of the department shall
11 maintain its confidentiality. The confidential portion of the
12 report is exempt from the provisions of s. 119.07(1) and s.
13 24(a), Art. I of the State Constitution.
14 Section 9. Subsection (1) of section 24.111, Florida
15 Statutes, is amended to read:
16 24.111 Vendors; disclosure and contract
17 requirements.--
18 (1) The department may enter into contracts for the
19 purchase, lease, or lease-purchase of such goods or services
20 as are necessary for effectuating the purposes of this chapter
21 act. The department may not contract with any person or
22 entity for the total operation and administration of the state
23 lottery established by this chapter act but may make
24 procurements which integrate functions such as lottery game
25 design, supply of goods and services, and advertising. In all
26 procurement decisions, the department shall take into account
27 the particularly sensitive nature of the state lottery and
28 shall consider the competence, quality of product, experience,
29 and timely performance of the vendors in order to promote and
30 ensure security, honesty, fairness, and integrity in the
31 operation and administration of the lottery and the objective
8
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 of raising net revenues for the benefit of the public purpose
2 described in this chapter act.
3 Section 10. Section 24.1121, Florida Statutes, is
4 created to read:
5 24.1121 Video lottery games.--
6 (1) Video lottery games may only be offered by a video
7 lottery retailer at its pari-mutuel facility. During any
8 calendar year in which a video lottery retailer maintains
9 video lottery terminals within the confines of its pari-mutuel
10 facility, the video lottery retailer must conduct a full
11 schedule of live racing or games as defined in s. 550.002(11)
12 or be authorized to receive broadcasts of horseraces pursuant
13 to s. 550.615. In the case of a person who possesses a
14 greyhound racing permit or a jai alai permit, such person
15 shall be eligible to serve as a video lottery retailer only if
16 that permitholder also conducted, during the prior fiscal
17 year, no fewer than 80 percent of the number of performances
18 and no fewer than 80 percent of the number of live races or
19 games which the same permitholder conducted during the
20 2001-2002 state fiscal year. The department may waive the
21 requirements provided in this subsection relating to the
22 conducting of live races or games upon a showing that the
23 failure to conduct such games resulted from a natural disaster
24 or other acts beyond the control of the permitholder. If the
25 video lottery retailer fails to comply with the requirement to
26 conduct a full schedule of races or games or, if a greyhound
27 racing permitholder or jai alai permitholder, the video
28 lottery retailer failed in the previous fiscal year to conduct
29 the required number of live races or games, the department
30 shall order the video lottery retailer to suspend its video
31 lottery operation within 30 days after written notice from the
9
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 department. The department may assess an administrative fine
2 not to exceed $5,000 per video lottery terminal, per day,
3 against any video lottery retailer who fails to suspend its
4 video lottery operation when ordered to suspend by the
5 department. The department may enforce its order of suspension
6 or any administrative fine assessed in furtherance of such
7 order as provided in s. 120.69. Each video lottery retailer
8 shall post a bond payable to the state in an amount determined
9 by the department that is sufficient to guarantee payment to
10 the state of revenue due in any payment period.
11 (2) Each pari-mutuel permitholder shall notify the
12 department prior to operating video lottery games at the
13 pari-mutuel facility.
14 (3) To facilitate the auditing and security programs
15 critical to the integrity of the video lottery system, the
16 department shall have overall control of the entire system.
17 Each video lottery terminal shall be linked, directly or
18 indirectly, to a computer system under the control of the
19 department.
20 (4) The department shall determine, by rule, the
21 method by which cash receipts will be electronically validated
22 and redeemed.
23 (5) No person under the age of 18 years may play a
24 video lottery game authorized by this chapter.
25 (6) Video lottery games may be played at an authorized
26 video lottery retailer's pari-mutuel facility even if such
27 retailer is not conducting a pari-mutuel event.
28 (7) Video lottery games shall pay out a minimum of 88
29 percent of the amount of cash, tokens, credits, or vouchers
30 put into a video lottery terminal. The department may permit
31 the payment of a lesser percentage if requested by a video
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 lottery retailer and the department determines that the
2 payment of a minimum of 88 percent is not financially viable
3 at the video lottery retailer's location and that the total
4 amount of net revenue payable to the Public Education Capital
5 Outlay and Debt Service Trust Fund will not be negatively
6 impacted. Such percentages shall be measured on an annual
7 basis.
8 (8) Income derived from video lottery operations shall
9 not be subject to the provisions of s. 24.121. The allocation
10 of net terminal income derived from video lottery games shall
11 be as follows:
12 (a) Thirty-six percent to the Video Lottery
13 Administrative Trust Fund of the department for transfer to
14 the Public Education Capital Outlay and Debt Service Trust
15 Fund.
16 (b) Two percent to the Video Lottery Administrative
17 Trust Fund for transfer in equal shares to the counties in
18 which the pari-mutuel facilities with video lottery terminals
19 are located. If any such pari-mutuel facility with video
20 lottery terminals is located within an incorporated
21 municipality, 20 percent of the equal share of the 2 percent
22 otherwise to be transferred to the county in which such
23 facility is located shall instead be transferred to such
24 municipality.
25 (c) Two percent to the Video Lottery Administrative
26 Trust Fund of the department for transfer to the
27 Administrative Trust Fund established pursuant to s. 24.120.
28 (d) Eight percent to the Video Lottery Administrative
29 Trust Fund of the department for transfer to the Video Lottery
30 Purse Trust Fund in the Department of Business and
31 Professional Regulation, to be distributed in accordance with
11
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 s. 550.26315(1).
2 (e) To the Video Lottery Administrative Trust Fund of
3 the department for transfer to the Department of Children and
4 Family Services, 0.25 percent for the establishment and
5 administration of a treatment program for compulsive gambling.
6 (f) If the video lottery retailer holds a valid
7 harness racing permit under chapter 550, 6 percent of its net
8 terminal income shall be distributed by the video lottery
9 retailer as purses for live performances conducted at the
10 video lottery retailer's pari-mutuel facility in accordance
11 with the provisions of chapter 550.
12 (g) If the video lottery retailer holds a valid jai
13 alai permit under chapter 550, 6 percent of its net terminal
14 income shall be distributed by the video lottery retailer as
15 purses for live performances conducted at the video lottery
16 retailer's pari-mutuel facility in accordance with chapter
17 550.
18 (h) If the video lottery retailer holds a valid
19 greyhound racing permit under chapter 550, 6 percent of its
20 net terminal income shall be distributed by the video lottery
21 retailer as purses for live performances conducted at the
22 video lottery retailer's pari-mutuel facility in accordance
23 with chapter 550.
24 (i) To be retained by the video lottery retailer as
25 compensation:
26 1. If a valid thoroughbred permitholder under chapter
27 550, 51.75 percent to be distributed as provided in paragraph
28 (j).
29 2. If a valid holder of a permit other than a
30 thoroughbred permit, 45.75 percent.
31 3. If the holder of a license issued pursuant to s.
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 550.615(9) or s. 550.6308, 51.75 percent to be distributed as
2 provided in paragraph (k).
3 (j) If the video lottery retailer holds a valid
4 thoroughbred racing permit under chapter 550, the remaining
5 net terminal income generated at its facility:
6 1. Three and three-tenths percent shall be distributed
7 for use as Florida thoroughbred breeders' and stallion awards
8 pursuant to ss. 550.26165 and 550.2625.
9 2. One-quarter of one percent shall be distributed to
10 the Jockeys' Guild Health and Welfare Trust maintained by
11 Jockeys' Guild, Inc., for the purpose of providing health,
12 disability, and retirement benefits to active, disabled, and
13 retired Florida jockeys in accordance with eligibility
14 criteria established by Jockeys' Guild, Inc., shall annually
15 provide a certified financial statement of the expenditures
16 made for benefits provided under this subparagraph.
17 3. Ninety-six and forty-five one hundredths percent
18 shall be distributed as provided by written agreement between
19 the video lottery retailer and the Florida Horsemen's
20 Benevolent and Protective Association, Inc. Such contract
21 shall be filed with the department. No video lottery retailer
22 required to enter into a contract by this subparagraph shall
23 be authorized to conduct video lottery games unless such
24 contract is in effect and is filed with the department.
25 (k) If the video lottery retailer holds a license
26 issued pursuant to s. 550.615(9) or s. 550.6308, the remaining
27 net terminal income generated at its facility:
28 1. Three and three-tenths percent shall be distributed
29 for use as Florida thoroughbred breeders' and stallion awards
30 pursuant to ss. 550.26165 and 550.2625.
31 2. Ninety-six and seven-tenths percent shall be
13
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 distributed as provided by written agreement between the video
2 lottery retailer and the Florida Thoroughbred Breeders'
3 Association. Such contract shall be filed with the
4 department. No video lottery retailer required to enter into a
5 contract by this subparagraph shall be authorized to conduct
6 video lottery games unless such contract is in effect and is
7 filed with the department.
8 (9) The allocation provided in subsection (8) shall be
9 made weekly. Amounts allocated pursuant to paragraphs
10 (8)(a)-(e) shall be remitted to the department by electronic
11 transfer within 24 hours after the allocation is determined.
12 If live meets were conducted at the pari-mutuel facility of
13 the video lottery retailer during the weekly period for which
14 the allocation is made, the portion of the allocation to be
15 distributed pursuant to paragraphs (8)(f), (g), and (h) shall
16 be paid as purses for those live meets. If no live meets were
17 conducted at the pari-mutuel facility during the weekly period
18 for which the allocation is made, the distribution of purse
19 money shall be made during the next ensuing meet following the
20 weekly period in which the net terminal income is earned. The
21 accumulated amount to be distributed as purses during the next
22 ensuing meet shall be distributed weekly during the
23 permitholder's next race meeting in an amount determined by
24 dividing the amount to be distributed by the number of
25 performances approved for the permitholder pursuant to its
26 annual license and multiplying that amount by the number of
27 performances conducted each week. No less than one-half of the
28 interest income earned on funds required to be distributed
29 under paragraphs (8)(f), (g), and (h) prior to their
30 distribution as purses shall be distributed by the video
31 lottery retailer as purses for live performances conducted at
14
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 the video lottery retailer's pari-mutuel facility in
2 accordance with chapter 550.
3 (10) Any person who, with intent to manipulate the
4 outcome, payoff, or operation of a video lottery terminal,
5 manipulates or attempts to manipulate the outcome, payoff, or
6 operation of a video lottery terminal by physical or
7 electronic tampering or other means commits a felony of the
8 third degree, punishable as provided in s. 775.082, s.
9 775.083, or s. 775.084.
10 (11) Notwithstanding s. 24.115, each video lottery
11 retailer shall have the responsibility for payment of video
12 lottery prizes.
13 (12) In any area or room in a facility in which a
14 video lottery terminal is placed, the video lottery retailer
15 must also place video monitors displaying the live races or
16 games of that facility, if such are being conducted, or, if no
17 live races or games are being conducted, displaying some or
18 all of the available simulcast races or games, giving
19 preference to performances conducted by Florida pari-mutuel
20 permitholders. In each such area or room, the video lottery
21 retailer shall also provide a means by which patrons may wager
22 on pari-mutuel activity.
23 Section 11. Section 24.1122, Florida Statutes, is
24 created to read:
25 24.1122 Licensure of video lottery terminal
26 vendors.--Video lottery terminal vendors shall be licensed by
27 the Department of the Lottery, and, by August 1, 2002, the
28 department shall adopt rules governing such licensure. The
29 department shall not license any person as a video lottery
30 terminal vendor if such person has an interest in a video
31 lottery retailer or a business relationship with a video
15
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 lottery retailer other than as a vendor or lessor of video
2 lottery terminals.
3 Section 12. Section 24.1123, Florida Statutes, is
4 created to read:
5 24.1123 Local zoning of pari-mutuel facilities.--The
6 installation, operation, or use of a video lottery terminal on
7 any property on which pari-mutuel operations were or would
8 have been lawful under any county or municipal zoning
9 ordinance as of July 1, 2000, shall not be deemed to change
10 the character of the use of such property and shall not be
11 prohibited on such property by any local zoning ordinance or
12 amendments thereto.
13 Section 13. Section 24.1124, Florida Statutes, is
14 created to read:
15 24.1124 Video lottery terminals.--
16 (1) Video lottery terminals shall not be offered for
17 use or play in this state unless approved by the department.
18 (2) Video lottery terminals approved for use in this
19 state shall:
20 (a) Be protected against manipulation to affect the
21 random probabilities of winning plays.
22 (b) Have one or more mechanisms that accept coins,
23 currency, tokens, or vouchers in exchange for game credits.
24 Such mechanisms shall be designed to prevent players from
25 obtaining credits by means of physical tampering.
26 (c) Be capable of suspending play until reset at the
27 direction of the department as a result of physical tampering.
28 (d) Be capable of being linked to the department's
29 central computer communications system for the purpose of
30 auditing the operation, financial data, and program
31 information as required by the department.
16
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 Section 14. Section 24.1125, Florida Statutes, is
2 created to read:
3 24.1125 Video lottery terminal training program.--
4 (1) Every licensed video lottery terminal vendor shall
5 submit a training program for the service and maintenance of
6 such terminals and equipment for approval by the department.
7 The training program shall include an outline of the training
8 curriculum, a list of instructors and their qualifications, a
9 copy of the instructional materials, and the dates, times, and
10 location of training classes. No service and maintenance
11 program shall be held unless approved by the department.
12 (2) Every video lottery terminal service employee
13 shall complete the requirements of the manufacturer's training
14 program before such employee performs service, maintenance, or
15 repair on video lottery terminals or video lottery terminal
16 associated equipment. Upon the successful completion by a
17 service employee of the training program required by this
18 section, the department shall issue a certificate authorizing
19 such employee to service, maintain, and repair video lottery
20 terminals and video lottery terminal associated equipment. No
21 certificate of completion shall be issued to any video lottery
22 terminal service employee until the department has ascertained
23 that such employee has completed the required training
24 program. Any person certified as a video lottery terminal
25 service employee under this section shall pass a background
26 investigation conducted under the rules of the department. The
27 department may revoke certification upon finding a video
28 lottery terminal service employee in violation of any
29 provision of this chapter or a department rule.
30 (3) The department is authorized to adopt rules
31 regarding the training, qualifications, and certification of
17
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 video lottery terminal service employees, as provided in this
2 section.
3 Section 15. Section 24.1126, Florida Statutes, is
4 created to read:
5 24.1126 Notice of availability of assistance for
6 compulsive gambling required.--
7 (1) The owner of each facility at which video lottery
8 games are conducted, pursuant to the provisions of chapter 24,
9 shall post signs with the statement "IF YOU OR SOMEONE YOU
10 KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE. CALL
11 1-800-426-7711." Such signs shall be posted within 50 feet of
12 each entrance and exit and within 50 feet of each credit
13 location within the facility.
14 (2) Each pari-mutuel facility licensee who operates as
15 a video lottery retailer shall print the statement "IF YOU OR
16 SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE.
17 CALL 1-800-426-7711" on all daily racing programs provided by
18 the licensee or its lessees to the general public.
19 Section 16. Subsection (2) of section 24.117, Florida
20 Statutes, is amended to read:
21 24.117 Unlawful sale of lottery tickets; penalty.--Any
22 person who knowingly:
23 (2) Sells a state lottery ticket to a minor or permits
24 a minor to use a video lottery terminal; or
25
26 is guilty of a misdemeanor of the first degree, punishable as
27 provided in s. 775.082 or s. 775.083.
28 Section 17. Subsection (4) of section 24.118, Florida
29 Statutes, is amended to read:
30 24.118 Other prohibited acts; penalties.--
31 (4) BREACH OF CONFIDENTIALITY.--Any person who, with
18
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 intent to defraud or with intent to provide a financial or
2 other advantage to himself, herself, or another, knowingly and
3 willfully discloses any information relating to the lottery
4 designated as confidential and exempt from the provisions of
5 s. 119.07(1) pursuant to this chapter act is guilty of a
6 felony of the first degree, punishable as provided in s.
7 775.082, s. 775.083, or s. 775.084.
8 Section 18. Subsection (1) of section 24.120, Florida
9 Statutes, is amended to read:
10 24.120 Financial matters; Administrative Trust Fund;
11 interagency cooperation.--
12 (1) There is hereby created in the State Treasury an
13 Administrative Trust Fund to be administered in accordance
14 with chapters 215 and 216 by the department. All money
15 received by the department which remains after payment of
16 prizes and initial compensation paid to retailers shall be
17 deposited into the Administrative Trust Fund. All moneys in
18 the trust fund are appropriated to the department for the
19 purposes specified in this chapter act.
20 Section 19. Section 24.122, Florida Statutes, is
21 amended to read:
22 24.122 Exemption from taxation; state preemption;
23 inapplicability of other laws.--
24 (1) This chapter act shall not be construed to
25 authorize any lottery except the lotteries lottery operated or
26 directed by the department pursuant to this chapter act.
27 (2) No state or local tax shall be imposed upon any
28 prize paid or payable under this chapter act or upon the sale
29 of any lottery ticket or the installation, rental, or use of
30 any video lottery terminal pursuant to this chapter act.
31 (3) All matters relating to the operation of the state
19
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 lottery are preempted to the state, and no county,
2 municipality, or other political subdivision of the state
3 shall enact any ordinance relating to the operation of the
4 lottery authorized by this chapter act. However, this
5 subsection shall not prohibit a political subdivision of the
6 state from requiring a retailer to obtain an occupational
7 license for any business unrelated to the sale of lottery
8 tickets.
9 (4) Any state or local law providing any penalty,
10 disability, restriction, or prohibition for the possession,
11 manufacture, transportation, distribution, advertising, or
12 sale of any lottery ticket, including chapter 849, shall not
13 apply to the tickets of the state lottery operated pursuant to
14 this chapter act; nor shall any such law apply to the
15 possession of a ticket issued by any other government-operated
16 lottery. In addition, activities of the department under this
17 chapter act are exempt from the provisions of:
18 (a) Chapter 616, relating to public fairs and
19 expositions.
20 (b) Chapter 946, relating to correctional work
21 programs.
22 (c) Chapter 282, relating to communications and data
23 processing.
24 (d) Section 110.131, relating to other personal
25 services.
26 Section 20. Subsection (24) of section 212.02, Florida
27 Statutes, is amended to read:
28 212.02 Definitions.--The following terms and phrases
29 when used in this chapter have the meanings ascribed to them
30 in this section, except where the context clearly indicates a
31 different meaning:
20
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 (24) "Coin-operated amusement machine" means any
2 machine operated by coin, slug, token, coupon, or similar
3 device for the purposes of entertainment or amusement. The
4 term includes, but is not limited to, coin-operated pinball
5 machines, music machines, juke boxes, mechanical games, video
6 games, arcade games, billiard tables, moving picture viewers,
7 shooting galleries, and all other similar amusement devices.
8 The term does not include a video lottery terminal approved
9 pursuant to chapter 24.
10 Section 21. Section 550.26315, Florida Statutes, is
11 created to read:
12 550.26315 Administration of the Video Lottery Purse
13 Trust Fund.--
14 (1) Fifty-eight percent of the proceeds of the Video
15 Lottery Purse Trust Fund shall be transferred to the Video
16 Lottery Thoroughbred Trust Fund.
17 (2) Forty-two percent of the proceeds of the Video
18 Lottery Purse Trust Fund shall be distributed to pari-mutuel
19 permitholders to be distributed as purses at their respective
20 pari-mutuel facilities as follows:
21 (a) Eight percent shall be distributed to holders of
22 valid harness racing permits.
23 (b) Seven percent shall be distributed to holders of
24 valid jai alai permits.
25 (c) Twenty-seven percent shall be distributed to
26 holders of valid greyhound racing permits.
27
28 Each permitholder entitled to receive distributions under a
29 paragraph of this subsection shall receive a percentage of the
30 amount to be distributed under that paragraph which is
31 determined by dividing the amounts paid in purses by such
21
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 permitholder during the state fiscal year 2000-2001 by the
2 amount of purses paid by all such permitholders statewide
3 during the state fiscal year 2000-2001.
4 (3) All proceeds distributed under this section are in
5 addition to and supplement the other funds set forth in this
6 chapter for use as purses, awards, and, in the case of jai
7 alai, player compensation.
8 (4) Of amounts to be distributed pursuant to this
9 section and s. 24.1121(8)(h) to persons holding valid
10 greyhound racing permits, 10 percent of such sums shall be
11 distributed as additional purses on all live races at each
12 facility to Florida-bred greyhounds in a manner similar to the
13 distribution of regular purses and in accordance with rules
14 adopted by the division.
15 (5) Of amounts to be distributed pursuant to this
16 section and s. 24.1121(8)(f) to persons holding valid harness
17 racing permits, 6.6 percent of such sums shall be distributed
18 for payment of breeders' awards, stallion awards, and stallion
19 stakes, and for additional expenditures pursuant to ss.
20 550.26165 and 550.2625. The Florida Standardbred Breeders and
21 Owners Association may, in accordance with s. 550.2625(4),
22 deduct a fee for administering the payment of awards and for
23 general promotion of the industry.
24 (6) The department is authorized to adopt rules to
25 provide for the equitable distribution of funds by
26 permitholders for purses, awards, or jai alai player
27 compensation, in accordance with the provisions of this
28 section.
29 Section 22. Section 550.26325, Florida Statutes, is
30 created to read:
31 550.26325 Distribution of funds from Video Lottery
22
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 Thoroughbred Trust Fund.--The proceeds of the Video Lottery
2 Thoroughbred Trust Fund shall be distributed as follows:
3 (1) For use as Florida thoroughbred breeders' and
4 stallion awards pursuant to ss. 550.26165 and 550.2625: 6.6
5 percent. The Florida Thoroughbred Breeders' Association may,
6 in accordance with s. 550.2625(3), deduct a fee for
7 administering the payment of awards and for general promotion
8 of the industry.
9 (2) The remainder shall be divided proportionally
10 among the thoroughbred permitholders for use as purses based
11 upon a formula determined by dividing the amounts paid in
12 purses by such thoroughbred permitholder during the 2000-2001
13 state fiscal year by the amount of purses paid by all such
14 thoroughbred permitholders statewide during the 2000-2001
15 state fiscal year.
16 Section 23. Paragraphs (d) and (e) of subsection (2)
17 and paragraph (a) of subsection (6) of section 550.2625,
18 Florida Statutes, are amended, and paragraph (f) is added to
19 subsection (2) of said section, to read:
20 550.2625 Horseracing; minimum purse requirement,
21 Florida breeders' and owners' awards.--
22 (2) Each permitholder conducting a horserace meet is
23 required to pay from the takeout withheld on pari-mutuel pools
24 a sum for purses in accordance with the type of race
25 performed.
26 (d) The division shall adopt reasonable rules to
27 ensure the timely and accurate payment of all amounts withheld
28 by horserace permitholders regarding the distribution of
29 purses, Florida breeders' and stallion awards, and Florida
30 owners' awards, and all other amounts received or collected
31 for payment to owners and breeders, including video lottery
23
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 proceeds. Each permitholder that fails to pay out during its
2 meet all moneys received or collected for payment to owners
3 and breeders during that meet shall, within 30 10 days after
4 the end of the meet during which the underpayment occurred
5 permitholder underpaid purses, deposit an amount equal to the
6 underpayment into a separate interest-bearing account to be
7 distributed to owners and breeders in accordance with division
8 rules. Any permitholder paying out during its meet less than
9 90 percent of all moneys received or collected for payment to
10 owners and breeders during that meet shall be subject to an
11 administrative fine in an amount equal to double the amount of
12 the underpayment. Within 30 days after the end of its meet,
13 each permitholder shall be required to file with the division
14 an audited accounting reflecting the receipt and payment of
15 all sums dedicated to purses, Florida breeders' and stallion
16 awards, and Florida owners' awards.
17 (e) An amount equal to 8.5 percent of the purse
18 account generated through video lottery proceeds pursuant to
19 s. 550.26325(2), intertrack wagering, and interstate
20 simulcasting shall will be used for Florida Owners' Awards as
21 set forth in subsection (3). This percentage may be changed by
22 written agreement between the Florida Horsemen's Benevolent
23 and Protective Association, Inc., and the Florida Thoroughbred
24 Breeders' Association, filed with the division. Any
25 thoroughbred permitholder that had with an average blended
26 takeout which does not exceed 20 percent and with an average
27 daily purse distribution excluding sponsorship, entry fees,
28 and nominations exceeding $225,000 in the 2000-2001 fiscal
29 year is exempt from the provisions of this paragraph. This
30 exemption shall apply for up to 73 racing days.
31 (f) The division shall adopt reasonable rules to
24
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 ensure the timely and accurate payment of all amounts received
2 or collected by a horsemen's or breeders' association for
3 payment to owners and breeders, including video lottery
4 proceeds. Each horsemen's or breeders' association that fails
5 to pay out during the calendar year all moneys received or
6 collected for payment to owners and breeders during that year
7 shall, within 30 days after the end of the calendar year
8 during which the underpayment occurred, deposit an amount
9 equal to the underpayment into a separate interest-bearing
10 account to be distributed to owners or breeders in accordance
11 with division rules. Any horsemen's or breeders' association
12 paying out during the calendar year less than 90 percent of
13 all moneys received or collected for payment to owners and
14 breeders during that calendar year shall be subject to an
15 administrative fine in an amount equal to double the amount of
16 the underpayment. Within 60 days after the end of the calendar
17 year, each permitholder shall be required to file with the
18 division an audited accounting reflecting the receipt and
19 payment of all sums received and collected for payment to
20 owners and breeders.
21 (6)(a) The takeout may be used for the payment of
22 awards to owners of registered Florida-bred horses placing
23 first in a claiming race, an allowance race, a maiden special
24 race, or a stakes race in which the announced purse, exclusive
25 of entry and starting fees and added moneys, does not exceed
26 $40,000 or such higher amount as may be agreed to in writing
27 between the permitholder and the Florida Horsemen's Benevolent
28 and Protective Association, Inc., which agreement shall be
29 filed with the division.
30 Section 24. Section 550.401, Florida Statutes, is
31 created to read:
25
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 550.401 Limited prohibition on termination of kennel
2 operators.--A greyhound track may not terminate a kennel
3 operator, other than for breach of contract that remains in
4 breach 15 days following the delivery in writing of notice of
5 such breach to the kennel operator, for 12 months following
6 the first period that purse payments are made pursuant to the
7 provisions of s. 550.26315. Thereafter, only those kennel
8 operators can be terminated without cause if the kennel
9 occupies one of the bottom three positions based on total
10 number of wins for two consecutive racing seasons, which may
11 include the 12-month period following the first period that
12 purse payments are made pursuant to the provisions of s.
13 550.26315.
14 Section 25. Subsections (3) and (4) of section
15 550.615, Florida Statutes, are amended to read:
16 550.615 Intertrack wagering.--
17 (3)(a) If a permitholder who operates as a video
18 lottery retailer as defined in s. 24.103 elects to broadcast
19 its signal to any permitholder in this state, any permitholder
20 not located within 25 miles of the host track that is eligible
21 to conduct intertrack wagering under the provisions of ss.
22 550.615-550.6345 is entitled to receive the broadcast and
23 conduct intertrack wagering under this section; provided,
24 however, that the host track may require a guest track within
25 25 miles of another permitholder to receive in any week at
26 least 60 percent of the live races that the host track is
27 making available on the days that the guest track is otherwise
28 operating live races or games. A host track may require a
29 guest track not operating live races or games and within 25
30 miles of another permitholder to accept within any week at
31 least 60 percent of the live races that the host track is
26
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 making available. A permitholder may, pursuant to a written
2 contract, elect to broadcast its signal to any permitholder in
3 this state located within 25 miles of the host track, provided
4 that where a thoroughbred permitholder is the host track, any
5 such contract must be approved by the Florida Horsemen's
6 Benevolent and Protective Association, Inc. A person may not
7 restrain or attempt to restrain any permitholder that is
8 otherwise authorized to conduct intertrack wagering from
9 receiving the signal of any other permitholder or sending its
10 signal to any permitholder.
11 (b) If a permitholder who does not operate as a video
12 lottery retailer as defined in s. 24.103 elects to broadcast
13 its signal to any permitholder in this state, any permitholder
14 that is eligible to conduct intertrack wagering under the
15 provisions of ss. 550.615-550.6345 is entitled to receive the
16 broadcast and conduct intertrack wagering under this section;
17 provided, however, that the host track may require a guest
18 track within 25 miles of another permitholder to receive in
19 any week at least 60 percent of the live races that the host
20 track is making available on the days that the guest track is
21 otherwise operating live races or games. A host track may
22 require a guest track not operating live races or games and
23 within 25 miles of another permitholder to accept within any
24 week at least 60 percent of the live races that the host track
25 is making available. A person may not restrain or attempt to
26 restrain any permitholder that is otherwise authorized to
27 conduct intertrack wagering from receiving the signal of any
28 other permitholder or sending its signal to any permitholder.
29 (4) In no event shall any intertrack wager be accepted
30 on the same class of live or simulcast races or games of any
31 permitholder without the written consent of such operating
27
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 permitholders conducting the same class of live or simulcast
2 races or games if the guest track is within the market area of
3 such operating permitholder.
4 Section 26. Paragraph (g) of subsection (9) of section
5 550.6305, Florida Statutes, is amended to read:
6 550.6305 Intertrack wagering; guest track payments;
7 accounting rules.--
8 (9) A host track that has contracted with an
9 out-of-state horse track to broadcast live races conducted at
10 such out-of-state horse track pursuant to s. 550.3551(5) may
11 broadcast such out-of-state races to any guest track and
12 accept wagers thereon in the same manner as is provided in s.
13 550.3551.
14 (g)1. Any thoroughbred permitholder which accepts
15 wagers on a simulcast signal must make the signal available to
16 any permitholder that is located more than 25 miles from where
17 the permitholder providing the signal is located and that is
18 eligible to conduct intertrack wagering under the provisions
19 of ss. 550.615-550.6345.
20 2. Any thoroughbred permitholder which accepts wagers
21 on a simulcast signal received after 6 p.m. must make such
22 signal available to any permitholder that is eligible to
23 conduct intertrack wagering under the provisions of ss.
24 550.615-550.6345, including any permitholder located as
25 specified in s. 550.615(6). Such guest permitholders are
26 authorized to accept wagers on such simulcast signal,
27 notwithstanding any other provision of this chapter to the
28 contrary.
29 3. Any thoroughbred permitholder which accepts wagers
30 on a simulcast signal received after 6 p.m. must make such
31 signal available to any permitholder that is eligible to
28
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 conduct intertrack wagering under the provisions of ss.
2 550.615-550.6345, including any permitholder located as
3 specified in s. 550.615(9). Such guest permitholders are
4 authorized to accept wagers on such simulcast signals for a
5 number of performances not to exceed that which constitutes a
6 full schedule of live races for a quarter horse permitholder
7 pursuant to s. 550.002(11), notwithstanding any other
8 provision of this chapter to the contrary, except that the
9 restrictions provided in s. 550.615(9)(a) apply to wagers on
10 such simulcast signals.
11
12 No thoroughbred permitholder shall be required to continue to
13 rebroadcast a simulcast signal to any in-state permitholder if
14 the average per performance gross receipts returned to the
15 host permitholder over the preceding 30-day period were less
16 than $100. Subject to the provisions of s. 550.615(4), as a
17 condition of receiving rebroadcasts of thoroughbred simulcast
18 signals under this paragraph, a guest permitholder must accept
19 intertrack wagers on all live races conducted by all
20 then-operating thoroughbred permitholders.
21 Section 27. Subsection (6) is added to section
22 550.6308, Florida Statutes, to read:
23 550.6308 Limited intertrack wagering license.--In
24 recognition of the economic importance of the thoroughbred
25 breeding industry to this state, its positive impact on
26 tourism, and of the importance of a permanent thoroughbred
27 sales facility as a key focal point for the activities of the
28 industry, a limited license to conduct intertrack wagering is
29 established to ensure the continued viability and public
30 interest in thoroughbred breeding in Florida.
31 (6) Notwithstanding the limitations on use of the
29
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 license provided in subsections (1) and (4) and s. 550.615(9),
2 if the licensee is also operating as a video lottery retailer,
3 the licensee may conduct intertrack wagering on thoroughbred
4 horse racing and on greyhound racing and the licensee may also
5 conduct intertrack wagering between May 9 and October 31 at
6 such times and on such days as any thoroughbred, jai alai, or
7 a greyhound permitholder in the same county is conducting live
8 performances.
9 Section 28. Subsection (5) of section 565.02, Florida
10 Statutes, is amended to read:
11 565.02 License fees; vendors; clubs; caterers; and
12 others.--
13 (5) A caterer at a horse or dog racetrack or jai alai
14 fronton may obtain a license upon the payment of an annual
15 state license tax of $675. Such caterer's license shall permit
16 sales only within the enclosure in which such races or jai
17 alai games are conducted, and such licensee shall be permitted
18 to sell only during the period beginning 10 days before and
19 ending 10 days after racing or jai alai under the authority of
20 the Division of Pari-mutuel Wagering of the Department of
21 Business and Professional Regulation is conducted at such
22 racetrack or jai alai fronton and on days on which the
23 pari-mutuel facility is open to the public for the purpose of
24 video lottery play authorized by the Department of the
25 Lottery. Except as in this subsection otherwise provided,
26 caterers licensed hereunder shall be treated as vendors
27 licensed to sell by the drink the beverages mentioned herein
28 and shall be subject to all the provisions hereof relating to
29 such vendors.
30 Section 29. Compulsive gambling program.--The Alcohol,
31 Drug Abuse, and Mental Health Program Office within the
30
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 Department of Children and Family Services shall establish a
2 program for public education, awareness, and training
3 regarding problem and compulsive gambling and the treatment
4 and prevention of problem and compulsive gambling. The program
5 shall include:
6 (1) Maintenance of a compulsive gambling advocacy
7 organization's toll-free problem gambling telephone number to
8 provide crisis counseling and referral services to families
9 experiencing difficulty as a result of problem or compulsive
10 gambling.
11 (2) The promotion of public awareness regarding the
12 recognition and prevention of problem or compulsive gambling.
13 (3) Facilitation, through inservice training and other
14 means, of the availability of effective assistance programs
15 for problem and compulsive gamblers, of all ages, and family
16 members affected by problem and compulsive gambling.
17 (4) Studies to identify adults and juveniles in this
18 state who are, or who are at risk of becoming, problem or
19 compulsive gamblers.
20 Section 30. (1) Sections 1 and 2 of this act shall
21 take effect July 1, 2002.
22 (2) Sections 3-29 of this act and this subsection
23 shall take effect upon becoming a law, if House Bill 1499,
24 House Bill 1501, House Bill 1503, and House Bill 1505, or
25 similar legislation is adopted in the same legislative session
26 or an extension thereof and becomes law.
27
28
29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 On page 1, line 26,
31
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 remove: providing an effective date
2
3 and insert:
4 amending s. 24.101, F.S.; redesignating ch. 24,
5 F.S., as the "Florida Public Education Lottery
6 Chapter"; amending ss. 24.102, 24.108, 24.111,
7 24.118, and 24.120, F.S., to conform; making
8 technical corrections within the chapter;
9 amending s. 24.103, F.S., relating to
10 definitions; defining the terms "video lottery
11 game," "video lottery terminal vendor," "net
12 terminal income," and "video lottery retailer";
13 amending s. 24.105, F.S.; providing duties of
14 the Department of the Lottery relating to
15 establishment and operation of video lottery
16 games; providing specific rulemaking authority;
17 amending s. 24.1055, F.S.; correcting a
18 reference; prohibiting participation of minors
19 in video lottery games; requiring warning
20 signs; providing criminal penalties; creating
21 s. 24.1121, F.S.; providing requirements for
22 video lottery games and retailers; providing
23 suspension powers to the Department of the
24 Lottery; providing for fines; providing for
25 enforcement of suspension orders or fines in
26 circuit court; providing for allocation of net
27 terminal income; providing for distribution of
28 proceeds; providing funds to the Department of
29 Children and Family Services for a program on
30 compulsive gambling; providing for use of
31 certain funds for purses, awards, and benefits;
32
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 requiring certain written agreements; providing
2 for transfer of funds into the Public Education
3 Capital Outlay and Debt Service Trust Fund and
4 into the Department of Elderly Affairs' Grants
5 and Donations Trust Fund; prohibiting
6 manipulation or attempted manipulation of
7 lottery games or terminals; providing criminal
8 penalties; providing for payment of prizes;
9 prohibiting isolation of video lottery
10 terminals in pari-mutuel facilities; creating
11 s. 24.1122, F.S.; providing for licensure of
12 video lottery terminal vendors; creating s.
13 24.1123, F.S.; prohibiting certain zoning
14 changes by local governments; creating s.
15 24.1124, F.S., relating to video lottery
16 terminals; requiring that such terminals be
17 approved by the department; providing technical
18 specifications; creating s. 24.1125, F.S.;
19 providing for training and certification of
20 video lottery terminal service employees;
21 providing rulemaking authority; creating s.
22 24.1126, F.S.; requiring video lottery
23 retailers to provide notice of a toll-free
24 problem gambling hotline; amending s. 24.117,
25 F.S.; prohibiting knowingly permitting use of
26 video lottery terminals by minors; providing
27 criminal penalties; amending s. 24.122, F.S.;
28 prohibiting state and local taxation of the
29 installation, rental, or use of video lottery
30 terminals; amending s. 212.02, F.S.; clarifying
31 that video lottery terminals are not
33
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 coin-operated amusement machines for the
2 purpose of taxation; creating s. 550.26315,
3 F.S., relating to the administration of the
4 Video Lottery Purse Trust Fund; providing for
5 distribution of proceeds; requiring certain
6 proceeds to be used as additional purses,
7 awards, or compensation; providing for transfer
8 of certain proceeds to the Video Lottery
9 Thoroughbred Trust Fund; providing rulemaking
10 authority; creating s. 550.26325, F.S.,
11 relating to the distribution of funds from the
12 Video Lottery Thoroughbred Trust Fund;
13 requiring certain uses of distributed funds;
14 amending s. 550.2625, F.S.; requiring that the
15 Division of Pari-Mutuel Wagering of the
16 Department of Business and Professional
17 Regulation adopt rules regarding the
18 distribution of certain awards and funds,
19 including video lottery proceeds, received for
20 distribution to thoroughbred owners and
21 breeders by pari-mutuel permitholders or by
22 horsemen's or breeders' associations; providing
23 an exemption; providing administrative fines
24 for underpaying purses or awards; requiring
25 periodic audited accountings by permitholders
26 and by horsemen's and breeders' associations;
27 permitting agreement to increase the cap on
28 horseracing purses; creating s. 550.401, F.S.;
29 prohibiting the cancellation of certain
30 contracts by greyhound racing tracks; amending
31 s. 550.615, F.S.; providing that pari-mutuel
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HOUSE AMENDMENT
Bill No. HB 631
Amendment No. ___ (for drafter's use only)
1 facilities are not required to broadcast their
2 intertrack signals to other facilities located
3 within 25 miles; requiring approval of certain
4 intertrack contracts; requiring written consent
5 of certain permitholders relating to intertrack
6 wagering; amending s. 550.6305, F.S.; providing
7 that pari-mutuel facilities are not required to
8 broadcast their intertrack signals to other
9 facilities located within 25 miles; repealing
10 additional requirements and authority provided
11 in relation to intertrack wagering on nighttime
12 thoroughbred races; amending s. 550.6308, F.S.;
13 authorizing an intertrack wagering licensee to
14 conduct intertrack wagering on additional types
15 of races and on additional days if operating as
16 a video lottery retailer; amending s. 565.02,
17 F.S.; providing that pari-mutuel facilities may
18 be licensed to sell alcoholic beverages when
19 conducting video lottery games; directing the
20 Alcohol, Drug Abuse, and Mental Health Program
21 Office within the Department of Children and
22 Family Services to establish a program relating
23 to compulsive gambling, which includes public
24 education, training, prevention, and treatment;
25 providing for contingent effect; providing
26 effective dates
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File original & 9 copies 03/01/02
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