|
|||
| 1 | A bill to be entitled | ||
| 2 | An act relating to video lotteries; amending s. 24.103, | ||
| 3 | F.S.; providing definitions; amending s. 24.105, F.S.; | ||
| 4 | providing powers and duties of the Department of the | ||
| 5 | Lottery pertaining to video lottery games; creating s. | ||
| 6 | 24.125, F.S.; providing for the adoption of rules; | ||
| 7 | creating s. 24.126, F.S.; prohibiting certain persons from | ||
| 8 | playing video lottery games; providing penalties; creating | ||
| 9 | s. 24.127, F.S.; providing requirements for the operation | ||
| 10 | of video lottery games; providing penalties; providing for | ||
| 11 | the adoption of rules; providing for the distribution of | ||
| 12 | proceeds from such games; creating s. 24.128, F.S.; | ||
| 13 | providing for the licensure of video lottery terminal | ||
| 14 | vendors; creating s. 24.129, F.S.; prohibiting certain | ||
| 15 | local zoning ordinances; creating s. 24.130, F.S.; | ||
| 16 | providing requirements for video lottery terminals; | ||
| 17 | creating s. 24.131, F.S.; requiring video lottery terminal | ||
| 18 | vendors to establish training programs for employees who | ||
| 19 | service such terminals; requiring departmental approval of | ||
| 20 | such programs; providing certification requirements of | ||
| 21 | such employees; providing for the adoption of rules; | ||
| 22 | creating s. 24.132, F.S.; providing guidelines for | ||
| 23 | administering the Video Lottery Purse Trust Fund; | ||
| 24 | providing for the adoption of rules; creating s. 24.133, | ||
| 25 | F.S., relating to the distribution of funds from the Video | ||
| 26 | Lottery Thoroughbred Trust Fund; requiring certain uses of | ||
| 27 | distributed funds; creating s. 24.134, F.S.; requiring | ||
| 28 | operators of facilities where video lottery games are | ||
| 29 | conducted to post certain warning signs and print warnings | ||
| 30 | on daily racing programs regarding compulsive gambling; | ||
| 31 | amending s. 212.02, F.S.; excluding video lottery | ||
| 32 | terminals from the definition of "coin-operated amusement | ||
| 33 | machine" for purposes of the sales and use tax; requiring | ||
| 34 | the Alcohol, Drug Abuse, and Mental Health Program Office | ||
| 35 | within the Department of Children and Family Services to | ||
| 36 | establish a compulsive gambling program; providing an | ||
| 37 | effective date. | ||
| 38 | |||
| 39 | Be It Enacted by the Legislature of the State of Florida: | ||
| 40 | |||
| 41 | Section 1. Subsections (7), (8), (9), and (10) are added | ||
| 42 | to section 24.103, Florida Statutes, to read: | ||
| 43 | 24.103 Definitions.--As used in this act: | ||
| 44 | (7) "Video lottery game" means an electronically simulated | ||
| 45 | game involving any element of chance which is played on a video | ||
| 46 | lottery terminal that, upon insertion of cash, tokens, credits, | ||
| 47 | or vouchers, is available to play or simulate a lottery-type | ||
| 48 | game, including line-up games using a video display and | ||
| 49 | microprocessors and in which, by means of an element of chance, | ||
| 50 | a player may receive credits that can be redeemed for cash. | ||
| 51 | "Video lottery game" also means an electronically simulated game | ||
| 52 | involving elements of chance and skill which is played on a | ||
| 53 | video lottery terminal that, upon insertion of cash, tokens, | ||
| 54 | credits, or vouchers, is available to play or simulate the play | ||
| 55 | of traditional card games, including video poker, which uses a | ||
| 56 | cathode ray tube or video display screen and microprocessors, | ||
| 57 | and in which the player may win credits that can be redeemed for | ||
| 58 | cash. "Video lottery game" also includes a progressive game, | ||
| 59 | which is any game in which a jackpot grows and accumulates as it | ||
| 60 | is being played on a video lottery terminal or a network of | ||
| 61 | video lottery terminals, and in which the outcome is randomly | ||
| 62 | determined by the play of video lottery terminals linked by a | ||
| 63 | central network. A video lottery terminal may use spinning reels | ||
| 64 | or video displays. | ||
| 65 | (8) "Video lottery terminal vendor" means any person | ||
| 66 | approved by the department who provides the video lottery | ||
| 67 | terminals to a video lottery retailer or provides computer | ||
| 68 | equipment or software related to video lottery terminals to the | ||
| 69 | department. | ||
| 70 | (9) "Net terminal income" means currency or other | ||
| 71 | consideration placed into a video lottery terminal, less credits | ||
| 72 | redeemed by players. | ||
| 73 | (10) "Video lottery retailer" means any person who | ||
| 74 | possesses a pari-mutuel permit issued under chapter 550 on or | ||
| 75 | before July 1, 2002, and who conducted a full schedule of live | ||
| 76 | jai alai games or live greyhound, thoroughbred horse, or harness | ||
| 77 | racing as defined in s. 550.002 in the prior calendar year, or | ||
| 78 | any person who is authorized to receive broadcasts of horseraces | ||
| 79 | under s. 550.6308. The term also includes a thoroughbred | ||
| 80 | permitholder that failed to operate all performances under its | ||
| 81 | license for 2002-2003, that has retained or regained its permit | ||
| 82 | and license, and that conducts a full schedule of live racing as | ||
| 83 | defined in s. 550.002. | ||
| 84 | Section 2. Subsections (21) through (26) are added to | ||
| 85 | section 24.105, Florida Statutes, to read: | ||
| 86 | 24.105 Powers and duties of department.--The department | ||
| 87 | shall: | ||
| 88 | (21) Have in place the capacity to support video lottery | ||
| 89 | games at facilities of video lottery retailers by October 1, | ||
| 90 | 2003. | ||
| 91 | (22) Hear and decide promptly and in reasonable order all | ||
| 92 | license applications or proceedings for suspension or revocation | ||
| 93 | of licenses. | ||
| 94 | (23) Collect and disburse revenue due the department as | ||
| 95 | described in this chapter. | ||
| 96 | (24) Certify net terminal income by inspecting records, | ||
| 97 | conducting audits, or any other reasonable means. | ||
| 98 | (25) Provide a list of approved vendors and maintain a | ||
| 99 | current list of all contracts between video lottery terminal | ||
| 100 | vendors and video lottery retailers. | ||
| 101 | (26) Approve or disapprove applications to operate as a | ||
| 102 | video lottery retailer within 30 days after receipt of the | ||
| 103 | application. | ||
| 104 | Section 3. Section 24.125, Florida Statutes, is created to | ||
| 105 | read: | ||
| 106 | 24.125 Rules authorized.--The department may adopt rules | ||
| 107 | relating to: | ||
| 108 | (1) The regulation of video lottery retailers and video | ||
| 109 | lottery products. | ||
| 110 | (2) Specifications for video lottery terminals to be | ||
| 111 | approved and authorized as the department considers necessary to | ||
| 112 | maintain the integrity of video lottery games and terminals. | ||
| 113 | Initial rules sufficient to permit the operation of video | ||
| 114 | lotteries and the licensing of video lottery retailers shall be | ||
| 115 | adopted no later than July 1, 2003. The department may not | ||
| 116 | provide specifications that would result in reducing to fewer | ||
| 117 | than four the number of video lottery terminal vendors who | ||
| 118 | supply terminals. | ||
| 119 | (3) The licensure and regulation of video lottery terminal | ||
| 120 | vendors. The department may not approve as a video lottery | ||
| 121 | terminal vendor any person who has an interest in a video | ||
| 122 | lottery retailer or a business relationship with a video lottery | ||
| 123 | retailer other than as a vendor or lessor of video lottery | ||
| 124 | terminals. | ||
| 125 | Section 4. Section 24.126, Florida Statutes, is created to | ||
| 126 | read: | ||
| 127 | 24.126 Video lottery; minimum age.-- | ||
| 128 | (1) A person who is less than 18 years of age may not play | ||
| 129 | a video lottery game. | ||
| 130 | (2) Each video lottery retailer shall post a clear and | ||
| 131 | conspicuous sign on all video lottery terminals which states: | ||
| 132 | THE USE OF A VIDEO LOTTERY TERMINAL BY PERSONS UNDER THE AGE OF | ||
| 133 | 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR USE. | ||
| 134 | (3) Any person who violates this section commits a | ||
| 135 | misdemeanor of the second degree, punishable as provided in s. | ||
| 136 | 775.082 or s. 775.083. | ||
| 137 | Section 5. Section 24.127, Florida Statutes, is created to | ||
| 138 | read: | ||
| 139 | 24.127 Video lottery games.-- | ||
| 140 | (1) Video lottery games may be offered by a video lottery | ||
| 141 | retailer only at its pari-mutuel facility. During any calendar | ||
| 142 | year in which a video lottery retailer maintains video lottery | ||
| 143 | terminals, the retailer must conduct a full schedule of live | ||
| 144 | racing or games as defined in s. 550.002 or be authorized to | ||
| 145 | receive broadcasts of horseraces pursuant to s. 550.6308. The | ||
| 146 | department may waive such requirements upon a showing that the | ||
| 147 | failure to conduct such games resulted from a natural disaster | ||
| 148 | or other acts beyond the control of the permitholder. If the | ||
| 149 | retailer fails to comply with the requirement to conduct a full | ||
| 150 | schedule of races or games, the department shall order the | ||
| 151 | retailer to suspend its video lottery operation. The department | ||
| 152 | may assess an administrative fine not to exceed $5,000 per video | ||
| 153 | lottery terminal, per day, against any retailer who fails to | ||
| 154 | suspend its video lottery operation when ordered by the | ||
| 155 | department. The department may enforce a suspension order or any | ||
| 156 | administrative fine as provided in s. 120.69. Each video lottery | ||
| 157 | retailer shall post a bond payable to the state in an amount | ||
| 158 | determined by the department which is sufficient to guarantee | ||
| 159 | the payment of revenue due in any payment period. | ||
| 160 | (2) Each video lottery terminal retailer shall notify the | ||
| 161 | department prior to operating video lottery games. | ||
| 162 | (3) To facilitate the auditing and security programs | ||
| 163 | critical to the integrity of the video lottery system, the | ||
| 164 | department shall have overall control of the entire system. Each | ||
| 165 | video lottery terminal shall be linked, directly or indirectly, | ||
| 166 | to a computer system under the control of the department. | ||
| 167 | (4) The department shall determine, by rule, the method by | ||
| 168 | which cash receipts will be electronically validated and | ||
| 169 | redeemed. | ||
| 170 | (5) Video lottery games may be played at an authorized | ||
| 171 | video lottery retailer's facility even if the retailer is not | ||
| 172 | conducting a pari-mutuel event. | ||
| 173 | (6) Video lottery games shall pay out a minimum of 88 | ||
| 174 | percent and no more than 99 percent of the amount of cash, | ||
| 175 | tokens, credits, or vouchers put into a video lottery terminal. | ||
| 176 | The department may permit the payment of a lesser percentage if | ||
| 177 | requested by a video lottery retailer and the department has | ||
| 178 | determined that the payment of a minimum of 88 percent is not | ||
| 179 | financially viable at the location and that the total amount of | ||
| 180 | net revenue payable to the state will not be negatively | ||
| 181 | impacted. Such percentages shall be measured on an annual basis. | ||
| 182 | (7) Income derived from video lottery operations is not | ||
| 183 | subject to s. 24.121. The allocation of net terminal income | ||
| 184 | derived from video lottery games shall be as follows: | ||
| 185 | (a) Thirty-two percent to the Video Lottery Administrative | ||
| 186 | Trust Fund for transfer to the Education Enhancement Trust Fund. | ||
| 187 | (b) Two percent to the Video Lottery Administrative Trust | ||
| 188 | Fund for transfer in equal shares to the counties in which the | ||
| 189 | pari-mutuel facilities having video lottery terminals are | ||
| 190 | located. If any pari-mutuel facility having video lottery | ||
| 191 | terminals is located within an incorporated municipality, 25 | ||
| 192 | percent of the equal share of the 2 percent otherwise to be | ||
| 193 | transferred to the county in which the facility is located shall | ||
| 194 | instead be transferred to the municipality. | ||
| 195 | (c) Two percent to the Video Lottery Administrative Trust | ||
| 196 | Fund for transfer to the Administrative Trust Fund. | ||
| 197 | (d) Eight percent to the Video Lottery Administrative | ||
| 198 | Trust Fund for transfer to the Video Lottery Purse Trust Fund, | ||
| 199 | to be distributed pursuant to s. 24.132. | ||
| 200 | (e) To the Video Lottery Administrative Trust Fund for | ||
| 201 | transfer to the Department of Children and Family Services, 0.25 | ||
| 202 | percent for the establishment and administration of a treatment | ||
| 203 | program for compulsive gambling. | ||
| 204 | (f) If the video lottery retailer holds a valid harness | ||
| 205 | racing permit under chapter 550, 6 percent of its net terminal | ||
| 206 | income shall be distributed by the video lottery retailer as | ||
| 207 | purses for live performances conducted at the video lottery | ||
| 208 | retailer's pari-mutuel facility in accordance with chapter 550. | ||
| 209 | (g) If the video lottery retailer holds a valid jai alai | ||
| 210 | permit under chapter 550, 6 percent of its net terminal income | ||
| 211 | shall be distributed by the video lottery retailer as purses for | ||
| 212 | live performances conducted at the video lottery retailer's | ||
| 213 | pari-mutuel facility in accordance with chapter 550. | ||
| 214 | (h) If the video lottery retailer holds a valid greyhound | ||
| 215 | racing permit under chapter 550, 6 percent of its net terminal | ||
| 216 | income shall be distributed by the video lottery retailer as | ||
| 217 | purses for live performances conducted at the video lottery | ||
| 218 | retailer's pari-mutuel facility in accordance with chapter 550. | ||
| 219 | (i) To be retained by the video lottery retailer as | ||
| 220 | compensation: | ||
| 221 | 1. If a valid thoroughbred permitholder under chapter 550, | ||
| 222 | 51.75 percent to be distributed as provided in paragraph (j). | ||
| 223 | 2. If a valid holder of a permit other than a thoroughbred | ||
| 224 | permit, 45.75 percent. | ||
| 225 | 3. If the holder of a license issued pursuant to s. | ||
| 226 | 550.6308, 51.75 percent to be distributed as provided in | ||
| 227 | paragraph (k). | ||
| 228 | (j) If the video lottery retailer holds a valid | ||
| 229 | thoroughbred racing permit under chapter 550, of the remaining | ||
| 230 | net terminal income generated at its facility: | ||
| 231 | 1. 3.3 percent shall be distributed for use as Florida | ||
| 232 | thoroughbred breeders' and stallion awards pursuant to ss. | ||
| 233 | 550.26165 and 550.2625, subject to the fee provided in s. | ||
| 234 | 550.2625(3). From the funds to be distributed pursuant to this | ||
| 235 | subparagraph, one-half shall be used for awards to owners of | ||
| 236 | registered Florida-bred thoroughbred horses participating in | ||
| 237 | prescribed thoroughbred stakes races, nonstakes races, or both, | ||
| 238 | in accordance with a written agreement establishing the rate, | ||
| 239 | procedure, and eligibility requirements for such awards entered | ||
| 240 | into by the permitholder, the Florida Thoroughbred Breeders' | ||
| 241 | Association, and the Florida Horsemen's Benevolent and | ||
| 242 | Protective Association, Inc., or the association representing a | ||
| 243 | majority of the thoroughbred racehorse owners and trainers at | ||
| 244 | the video lottery retailer's pari-mutuel facility. | ||
| 245 | 2. 0.25 percent shall be distributed as provided by | ||
| 246 | written agreement between the video lottery retailer and the | ||
| 247 | Florida Horsemen's Benevolent and Protective Association, Inc., | ||
| 248 | or the association representing a majority of the thoroughbred | ||
| 249 | racehorse owners and trainers at the video lottery retailer's | ||
| 250 | pari-mutuel facility. All funds to be distributed under this | ||
| 251 | subparagraph shall be used exclusively to fund equine drug and | ||
| 252 | medication research or related equine research at the University | ||
| 253 | of Florida, including required capital improvements, and for | ||
| 254 | medical, dental, surgical, financial, or retirement benefits for | ||
| 255 | occupational licensees who are employed in connection with the | ||
| 256 | conduct of live thoroughbred racing in this state, but who are | ||
| 257 | not permitholders' employees. | ||
| 258 | 3. 96.45 percent shall be distributed as provided by | ||
| 259 | written agreement between the video lottery retailer and the | ||
| 260 | Florida Horsemen's Benevolent and Protective Association or the | ||
| 261 | association representing a majority of the thoroughbred | ||
| 262 | racehorse owners and trainers at the video lottery retailer's | ||
| 263 | pari-mutuel facility. The written agreement shall consider the | ||
| 264 | cost and expenses for capital improvements and operating costs | ||
| 265 | of the video lottery retailer and purses to be paid on live | ||
| 266 | performances and shall be reasonable in accordance with industry | ||
| 267 | standards applied to similar circumstances in other states. | ||
| 268 | (k) If the video lottery retailer holds a license issued | ||
| 269 | pursuant to s. 550.6308, of the remaining net terminal income | ||
| 270 | generated at its facility: | ||
| 271 | 1. 3.3 percent shall be distributed for use as Florida | ||
| 272 | thoroughbred breeders' and stallion awards pursuant to ss. | ||
| 273 | 550.26165 and 550.2625, subject to the fee provided in s. | ||
| 274 | 550.2625(3). | ||
| 275 | 2. 96.7 percent shall be distributed as provided by | ||
| 276 | written agreement between the video lottery retailer and the | ||
| 277 | Florida Thoroughbred Breeders' Association. A video lottery | ||
| 278 | retailer required to enter into a contract by this subparagraph | ||
| 279 | may not conduct video lottery games unless such contract is in | ||
| 280 | effect. All funds not retained by the video lottery retailer | ||
| 281 | under any such contract shall be used exclusively for awards to | ||
| 282 | thoroughbred breeders, owners, and stallion owners pursuant to | ||
| 283 | ss. 550.26165 and 550.2625, subject to the fee provided in s. | ||
| 284 | 550.2625(3); for general promotion of the industry; and for the | ||
| 285 | University of Florida College of Veterinary Medicine for the | ||
| 286 | purpose of funding the operations of the Division of Pari-Mutuel | ||
| 287 | Wagering laboratory, as referenced in s. 550.2415, and for the | ||
| 288 | college's equine department for the purchase of equipment and | ||
| 289 | supplies and for equine research. | ||
| 290 | (8) The allocation provided in subsection (7) shall be | ||
| 291 | made weekly. Amounts allocated pursuant to paragraphs (7)(a)- | ||
| 292 | (e) shall be remitted to the department by electronic transfer | ||
| 293 | within 24 hours after the allocation is determined. If live | ||
| 294 | meets were conducted at the pari-mutuel facility of the video | ||
| 295 | lottery retailer during the weekly period for which the | ||
| 296 | allocation is made, the portion of the allocation to be | ||
| 297 | distributed pursuant to paragraphs(7)(f), (g), and (h) shall be | ||
| 298 | paid as purses for those live meets. If no live meets were | ||
| 299 | conducted at the pari-mutuel facility during the weekly period | ||
| 300 | for which the allocation is made, the distribution of purse | ||
| 301 | money shall be made during the next ensuing meet. The interest | ||
| 302 | income on funds required to be distributed under paragraphs | ||
| 303 | (7)(f), (g), and (h) prior to their distribution as purses shall | ||
| 304 | be distributed by the video lottery retailer as purses for live | ||
| 305 | performances conducted at the video lottery retailer's pari- | ||
| 306 | mutuel facility in accordance with chapter 550. | ||
| 307 | (9) Any person who, with intent to do so, manipulates or | ||
| 308 | attempts to manipulate the outcome, payoff, or operation of a | ||
| 309 | video lottery terminal by physical or electronic tampering or | ||
| 310 | other means commits a felony of the third degree, punishable as | ||
| 311 | provided in s. 775.082, s. 775.083, or s. 775.084. | ||
| 312 | (10) Notwithstanding s. 24.115, each video lottery | ||
| 313 | retailer is responsible for payment of video lottery prizes. | ||
| 314 | (11) In any area or room in a facility in which a video | ||
| 315 | lottery terminal is placed, the video lottery retailer shall | ||
| 316 | also place video monitors displaying any live races or games of | ||
| 317 | that facility being conducted, or displaying available simulcast | ||
| 318 | races or games if no live races or games are being conducted at | ||
| 319 | the facility. In each area or room, the retailer shall also | ||
| 320 | provide a means by which patrons may wager on pari-mutuel | ||
| 321 | activity. | ||
| 322 | Section 6. Section 24.128, Florida Statutes, is created to | ||
| 323 | read: | ||
| 324 | 24.128 Licensure of video lottery terminal vendors.--Video | ||
| 325 | lottery terminal vendors shall be licensed by the department by | ||
| 326 | July 1, 2003, and, by October 1, 2003, the department shall | ||
| 327 | adopt rules governing such licensure. The department may not | ||
| 328 | license any person as a video lottery terminal vendor who has an | ||
| 329 | interest in a video lottery retailer or a business relationship | ||
| 330 | with a video lottery retailer other than as a vendor or lessor | ||
| 331 | of video lottery terminals. | ||
| 332 | Section 7. Section 24.129, Florida Statutes, is created to | ||
| 333 | read: | ||
| 334 | 24.129 Local zoning of pari-mutuel facilities.--The | ||
| 335 | installation, operation, or use of a video lottery terminal on | ||
| 336 | any property where pari-mutuel operations were or would have | ||
| 337 | been lawful under any county or municipal zoning ordinance on | ||
| 338 | July 1, 1997, does not change the character of the use of such | ||
| 339 | property and may not be prohibited by any local zoning | ||
| 340 | ordinance. | ||
| 341 | Section 8. Section 24.130, Florida Statutes, is created to | ||
| 342 | read: | ||
| 343 | 24.130 Video lottery terminals.-- | ||
| 344 | (1) Video lottery terminals may not be offered for use or | ||
| 345 | play in this state unless approved by the department. | ||
| 346 | (2) Video lottery terminals approved for use in this state | ||
| 347 | shall: | ||
| 348 | (a) Be protected against manipulation to affect the random | ||
| 349 | probabilities of winning plays. | ||
| 350 | (b) Have one or more mechanisms that accept coins, | ||
| 351 | currency, tokens, or vouchers in exchange for game credits. Such | ||
| 352 | mechanisms must be designed to prevent players from obtaining | ||
| 353 | credits by means of physical tampering. | ||
| 354 | (c) Be capable of suspending play until reset at the | ||
| 355 | direction of the department as a result of physical tampering. | ||
| 356 | (d) Be capable of being linked to the department's central | ||
| 357 | computer communications system to audit the operation, financial | ||
| 358 | data, and program information, as required by the department. | ||
| 359 | Section 9. Section 24.131, Florida Statutes, is created to | ||
| 360 | read: | ||
| 361 | 24.131 Video lottery terminal training program.-- | ||
| 362 | (1) Every licensed video lottery terminal vendor shall | ||
| 363 | submit a training program for the service and maintenance of | ||
| 364 | such terminals and equipment for approval by the department. The | ||
| 365 | training program must include an outline of the training | ||
| 366 | curriculum, a list of instructors and their qualifications, a | ||
| 367 | copy of the instructional materials, and the dates, times, and | ||
| 368 | location of training classes. A service and maintenance program | ||
| 369 | may not be held unless approved by the department. | ||
| 370 | (2) Every video lottery terminal service employee must | ||
| 371 | complete the requirements of the manufacturer's training program | ||
| 372 | before performing service, maintenance, or repairs on video | ||
| 373 | lottery terminals or associated equipment. Upon the successful | ||
| 374 | completion of the training program by an employee, the | ||
| 375 | department shall issue a certificate authorizing such employee | ||
| 376 | to service, maintain, and repair video lottery terminals and | ||
| 377 | associated equipment. A certificate of completion may not be | ||
| 378 | issued to any person until the department determines that such | ||
| 379 | person has completed the required training. Before being | ||
| 380 | certified as a video lottery terminal service employee, a person | ||
| 381 | must pass a background investigation conducted by the | ||
| 382 | department. The department may revoke certification upon finding | ||
| 383 | a person in violation of any provision of this chapter or a | ||
| 384 | department rule. | ||
| 385 | (3) The department may adopt rules regarding the training, | ||
| 386 | qualifications, and certification of video lottery terminal | ||
| 387 | service employees. | ||
| 388 | Section 10. Section 24.132, Florida Statutes, is created | ||
| 389 | to read: | ||
| 390 | 24.132 Administration of the Video Lottery Purse Trust | ||
| 391 | Fund.-- | ||
| 392 | (1) Fifty-eight percent of the proceeds of the Video | ||
| 393 | Lottery Purse Trust Fund shall be transferred to the Video | ||
| 394 | Lottery Thoroughbred Trust Fund. | ||
| 395 | (2) Forty-two percent of the proceeds of the Video Lottery | ||
| 396 | Purse Trust Fund shall be distributed to pari-mutuel | ||
| 397 | permitholders to be distributed as purses at their respective | ||
| 398 | pari-mutuel facilities as follows: | ||
| 399 | (a) Eight percent to holders of valid harness racing | ||
| 400 | permits. | ||
| 401 | (b) Seven percent to holders of valid jai alai permits. | ||
| 402 | (c) Twenty-seven percent to holders of valid greyhound | ||
| 403 | racing permits. | ||
| 404 | |||
| 405 | Each permitholder entitled to receive distributions shall | ||
| 406 | receive a percentage of the amount to be distributed which is | ||
| 407 | determined by dividing the amounts paid in purses by such | ||
| 408 | permitholder during the state fiscal year 2001-2002 by the | ||
| 409 | amount of purses paid by all permitholders of the same type | ||
| 410 | statewide during state fiscal year 2001-2002. | ||
| 411 | (3) All proceeds distributed under this section are in | ||
| 412 | addition to and supplement the other funds set forth in this | ||
| 413 | chapter for use as purses, awards, and, in the case of jai alai, | ||
| 414 | player compensation. | ||
| 415 | (4) Of amounts to be distributed pursuant to this section | ||
| 416 | and s. 24.127(7)(h) to persons holding valid greyhound racing | ||
| 417 | permits, 10 percent of such sums shall be distributed as | ||
| 418 | additional purses on all live races at each facility for | ||
| 419 | Florida-bred greyhounds in a manner similar to the distribution | ||
| 420 | of regular purses and in accordance with rules adopted by the | ||
| 421 | division. | ||
| 422 | (5) Of amounts to be distributed pursuant to this section | ||
| 423 | and s. 24.127(7)(f) to persons holding valid harness racing | ||
| 424 | permits, 6.6 percent of such sums shall be distributed for | ||
| 425 | payment of breeders' awards, stallion awards, and stallion | ||
| 426 | stakes, and for additional expenditures, including, but not | ||
| 427 | limited to, medical, dental, surgical, life, funeral, and | ||
| 428 | disability insurance and retirement benefits for occupational | ||
| 429 | licensees who work at tracks in this state in which harness | ||
| 430 | horse races are conducted, pursuant to ss. 550.26165 and | ||
| 431 | 550.2625. The Florida Standardbred Breeders and Owners | ||
| 432 | Association may, in accordance with s. 550.2625(4), deduct a fee | ||
| 433 | for administering the payment of awards and for general | ||
| 434 | promotion of the industry. | ||
| 435 | (6) The department may adopt rules to provide for the | ||
| 436 | equitable distribution of funds by permitholders for purses, | ||
| 437 | awards, or jai alai player compensation. | ||
| 438 | Section 11. Section 24.133, Florida Statutes, is created | ||
| 439 | to read: | ||
| 440 | 24.133 Distribution of funds from Video Lottery | ||
| 441 | Thoroughbred Trust Fund.--The proceeds of the Video Lottery | ||
| 442 | Thoroughbred Trust Fund shall be distributed as follows: | ||
| 443 | (1) 6.6 percent for use as Florida thoroughbred breeders' | ||
| 444 | and stallion awards pursuant to ss. 550.26165 and 550.2625, | ||
| 445 | subject to the fee provided in s. 550.2625(3). | ||
| 446 | (2) The remainder shall be divided proportionally among | ||
| 447 | the thoroughbred permitholders conducting live racing for use as | ||
| 448 | purses, based upon a formula determined by dividing the amount | ||
| 449 | paid in purses by each such thoroughbred permitholder during the | ||
| 450 | prior state fiscal year by the amount of purses paid by all such | ||
| 451 | thoroughbred permitholders statewide during the prior state | ||
| 452 | fiscal year. However, 8.5 percent of such funds must be used for | ||
| 453 | Florida Owners' Awards pursuant to s. 550.2625(2)(e), unless | ||
| 454 | agreed otherwise in writing between the Florida Thoroughbred | ||
| 455 | Breeders' Association and the Florida Horsemen's Benevolent and | ||
| 456 | Protective Association, Inc., or the association representing a | ||
| 457 | majority of the thoroughbred racehorse owners and trainers at | ||
| 458 | that location. | ||
| 459 | Section 12. Section 24.134, Florida Statutes, is created | ||
| 460 | to read: | ||
| 461 | 24.134 Notice of availability of assistance for compulsive | ||
| 462 | gambling required.-- | ||
| 463 | (1) The owner of each facility at which video lottery | ||
| 464 | games are conducted shall post signs with the statement "IF YOU | ||
| 465 | OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE. | ||
| 466 | CALL 1-800-426-7711." Such signs must be posted within 50 feet | ||
| 467 | of each entrance and exit and within 50 feet of each credit | ||
| 468 | location within the facility. | ||
| 469 | (2) Each pari-mutuel facility licensee who operates as a | ||
| 470 | video lottery retailer shall print the statement "IF YOU OR | ||
| 471 | SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE. CALL | ||
| 472 | 1-800-426-7711" on all daily racing programs provided to the | ||
| 473 | general public. | ||
| 474 | Section 13. Subsection (24) of section 212.02, Florida | ||
| 475 | Statutes, is amended to read: | ||
| 476 | 212.02 Definitions.--The following terms and phrases when | ||
| 477 | used in this chapter have the meanings ascribed to them in this | ||
| 478 | section, except where the context clearly indicates a different | ||
| 479 | meaning: | ||
| 480 | (24) "Coin-operated amusement machine" means any machine | ||
| 481 | operated by coin, slug, token, coupon, or similar device for the | ||
| 482 | purposes of entertainment or amusement. The term includes, but | ||
| 483 | is not limited to, coin-operated pinball machines, music | ||
| 484 | machines, juke boxes, mechanical games, video games, arcade | ||
| 485 | games, billiard tables, moving picture viewers, shooting | ||
| 486 | galleries, and all other similar amusement devices. However, the | ||
| 487 | term does not include a video lottery terminal operated pursuant | ||
| 488 | to chapter 24. | ||
| 489 | Section 14. Compulsive gambling program.--The Alcohol, | ||
| 490 | Drug Abuse, and Mental Health Program Office within the | ||
| 491 | Department of Children and Family Services shall establish a | ||
| 492 | program for public education, awareness, and training regarding | ||
| 493 | problem and compulsive gambling and the treatment and prevention | ||
| 494 | of problem and compulsive gambling. The program shall include: | ||
| 495 | (1) Maintenance of a compulsive gambling advocacy | ||
| 496 | organization's toll-free problem-gambling telephone number to | ||
| 497 | provide crisis counseling and referral services to families | ||
| 498 | experiencing difficulty as a result of problem or compulsive | ||
| 499 | gambling. | ||
| 500 | (2) The promotion of public awareness regarding the | ||
| 501 | recognition and prevention of problem or compulsive gambling. | ||
| 502 | (3) Facilitation, through inservice training and other | ||
| 503 | means, of the availability of effective assistance programs for | ||
| 504 | problem and compulsive gamblers and family members affected by | ||
| 505 | problem and compulsive gambling. | ||
| 506 | (4) Studies to identify adults and juveniles in this state | ||
| 507 | who are or are at risk of becoming problem or compulsive | ||
| 508 | gamblers. | ||
| 509 | Section 15. This act shall take effect upon becoming a | ||
| 510 | law. | ||