Senate Bill sb1174c1

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    Florida Senate - 2005                           CS for SB 1174

    By the Committee on Regulated Industries; and Senator Jones





    580-1944-05

  1                      A bill to be entitled

  2         An act relating to slot machine gaming;

  3         creating ch. 551, F.S.; implementing s. 23,

  4         Art. X of the State Constitution; authorizing

  5         slot machines and slot machine gaming within

  6         certain pari-mutuel facilities located in

  7         Miami-Dade and Broward Counties upon approval

  8         by a local referendum; providing definitions;

  9         providing powers and duties of the Division of

10         Pari-mutuel Wagering in the Department of

11         Business and Professional Regulation; providing

12         for licensure to conduct slot machine gaming;

13         providing for slot machine licensure renewal;

14         providing for a license fee, machine fee, and

15         tax rate; requiring occupational licenses and

16         application fees; prohibiting certain business

17         relationships; prohibiting certain acts and

18         providing penalties; providing an exception to

19         prohibitions relating to slot machines;

20         providing for the exclusion of certain persons

21         from facilities; prohibiting minors under 21

22         years of age from playing slot machines;

23         designating slot machine gaming areas;

24         providing for days and hours of operation;

25         providing penalties; providing a compulsive

26         gambling treatment program; providing for a

27         caterer's license; providing for rulemaking;

28         providing an effective date.

29  

30  Be It Enacted by the Legislature of the State of Florida:

31  

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    Florida Senate - 2005                           CS for SB 1174
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 1         Section 1.  Chapter 551, Florida Statutes, consisting

 2  of sections 551.101, 551.102, 551.103, 551.104, 551.105,

 3  551.106, 551.107, 551.108, 551.109, 551.110, 551.111, 551.112,

 4  551.113, 551.114, 551.116, 551.117, 551.118, and 551.119, is

 5  created to read:

 6                           CHAPTER 551

 7                          SLOT MACHINES

 8         551.101  Slot machine gaming authorized.--Any existing,

 9  licensed pari-mutuel facility located in Miami-Dade County or

10  Broward County at the time of adoption of s. 23, Art. X of the

11  State Constitution which has conducted live racing or games

12  during calendar years 2002 and 2003 may possess slot machines

13  and conduct slot machine gaming at the location where the

14  pari-mutuel permitholder is authorized to conduct pari-mutuel

15  wagering activities pursuant to such permitholder's valid

16  pari-mutuel permit or as otherwise authorized by law provided

17  a majority of voters in a countywide referendum have approved

18  the possession of slot machines at such facility in the

19  respective county. Notwithstanding any other provision of law,

20  it is not a crime for a person to participate in slot machine

21  gaming at a pari-mutuel facility licensed to possess and

22  conduct slot machine gaming or to participate in slot machine

23  gaming described in this chapter.

24         551.102  Definitions.--As used in this chapter, the

25  term:

26         (1)  "Central control computer" means a central site

27  computer controlled and accessible by the division to which

28  all slot machines at a gaming facility communicate for the

29  purposes of auditing capacity; real-time information retrieval

30  of the details of any financial event that occurs in the

31  operation of a slot machine, including, but not limited to,

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 1  coin in, coin out, ticket in, ticket out, jackpots, machine

 2  door openings and power failure; and remote machine activation

 3  and disabling of slot machines.

 4         (2)  "Designated slot machine gaming area" means the

 5  area of an eligible facility, which may include any addition,

 6  alteration, or new structure located on the premises described

 7  in the pari-mutuel permit issued by the division for the

 8  conduct of pari-mutuel wagering, in which slot machine gaming

 9  may be conducted in accordance with the provisions of this

10  chapter.

11         (3)  "Distributor" means any person that sells, leases,

12  or offers, or otherwise provides, distributes, or services,

13  any slot machine or associated equipment for use or play of

14  slot machines in this state. A manufacturer may be a

15  distributor within the state.

16         (4)  "Division" means the Division of Pari-mutuel

17  Wagering of the Department of Business and Professional

18  Regulation.

19         (5)  "Eligible facility" means any existing licensed

20  pari-mutuel facility located in Miami-Dade County or Broward

21  County at the time of adoption of s. 23, Art. X of the State

22  Constitution which has conducted live racing or games during

23  calendar years 2002 and 2003 and has been approved by a

24  majority of voters in a countywide referendum to have slot

25  machines at such facility in the respective county.

26         (6)  "Independent testing laboratory" means a

27  laboratory of national reputation which is demonstrably

28  competent and qualified to scientifically test and evaluate

29  slot machines for compliance with this chapter and to

30  otherwise perform the functions assigned to it in this

31  chapter. An independent testing laboratory shall not be owned

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 1  or controlled by a licensee. The use of an independent testing

 2  laboratory for any purpose related to the conduct of slot

 3  machine gaming by a licensee under this chapter shall be made

 4  from a list of one or more laboratories approved by the

 5  division.

 6         (7)  "Manufacturer" means any person who manufactures,

 7  builds, rebuilds, fabricates, assembles, produces, programs,

 8  designs, or otherwise makes modifications to any slot machine

 9  or associated equipment for use or play of slot machines in

10  this state for gaming purposes. A manufacturer may be a

11  distributor within the state.

12         (8)  "Progressive system" means a computerized system

13  linking slot machines in one or more licensed facilities

14  within this state and offering one or more common progressive

15  payouts based on the amounts wagered.

16         (9)  "Slot machine" means any mechanical or electrical

17  contrivance, terminal, machine, or other device that, upon

18  insertion of a coin, bill, ticket, token, or similar object or

19  upon payment of any consideration whatsoever, including the

20  use of any electronic payment system except a credit card or

21  debit card, is available to play or operate, the play or

22  operation of which, whether by reason of skill or application

23  of the element of chance or both, may deliver or entitle the

24  person or persons playing or operating the contrivance,

25  terminal, machine, or other device to receive cash, billets,

26  tickets, tokens, or electronic credits to be exchanged for

27  cash or to receive merchandise or anything of value

28  whatsoever, whether the payoff is made automatically from the

29  machine or manually.  A slot machine:

30         (a)  May use spinning reels or video displays or both.

31  

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 1         (b)  May or may not dispense coins, tickets, or tokens

 2  to winning patrons.

 3         (c)  May use an electronic credit system for receiving

 4  wagers and making payouts.

 5  

 6  The term includes associated equipment necessary to conduct

 7  the operation of the contrivance, terminal, machine, or other

 8  device.

 9         (10)  "Slot machine license" means a license issued by

10  the division authorizing an eligible facility to place and

11  operate slot machines as required by the provisions of this

12  chapter and the rules.

13         (11)  "Slot machine licensee" means an eligible

14  facility that holds a slot machine license.

15         (12)  "Slot machine operator" means a person employed

16  or contracted by the owner of an eligible facility to conduct

17  slot machine gaming at that eligible facility.

18         (13)  "Slot machine owner" means a person who holds a

19  material interest in the slot machines.

20         (14)  "Slot machine revenues" means the total of all

21  cash and property received by the slot machine licensee from

22  slot machine gaming operations less the amount of cash, cash

23  equivalents, credits, and prizes paid to winners of slot

24  machine gaming.

25         551.103  Powers and duties.--

26         (1)  The division shall adopt, pursuant to the

27  provisions of ss. 120.536(1) and 120.54, all rules necessary

28  to implement, administer, and regulate slot machine gaming as

29  authorized in this chapter. Such rules shall include:

30         (a)  Procedures for applying for a license and renewal

31  of a license.

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 1         (b)  Procedures for establishing technical requirements

 2  in addition to the qualifications that are necessary to

 3  receive a slot machine license or slot machine occupational

 4  license.

 5         (c)  Procedures relating to slot machine revenues,

 6  including verifying and accounting for such revenues,

 7  auditing, and collecting taxes and fees consistent with this

 8  chapter.

 9         (d)  Procedures for regulating, managing, and auditing

10  the operation, financial data, and program information

11  relating to slot machines through the central control

12  computer.

13         (e)  Procedures for requiring each licensee at his or

14  her own cost and expense to supply the division with a bond

15  having the penal sum of $2 million payable to the Governor and

16  his or her successors in office for the licensee's first year

17  of slot machine operations; and, thereafter, the licensee

18  shall file a bond with the penal sum as determined by the

19  division pursuant to rules adopted to approximate anticipated

20  state revenues from the licensee's slot machine operations.

21  Any bond shall be issued by a surety or sureties to be

22  approved by the division and the Chief Financial Officer,

23  conditioned to faithfully make the payments to the Chief

24  Financial Officer in his or her capacity as treasurer of the

25  division. The licensee shall be required to keep its books and

26  records and make reports as provided in this chapter and to

27  conduct its slot machine operations in conformity with this

28  chapter and all other provisions of law. The division may

29  review the bond for adequacy and require adjustments each

30  fiscal year. Such bond shall be separate and distinct from the

31  bond required in s. 550.125.

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 1         (f)  Procedures for requiring licensees to maintain

 2  specified records and submit any data, information, record, or

 3  report, including financial and income records, required by

 4  this chapter or determined by the division to be necessary to

 5  the proper implementation and enforcement of this chapter.

 6         (g)  Procedures for requiring that the payout

 7  percentage of a slot machine shall be no less than 85 percent

 8  per facility.

 9         (2)  The division shall conduct such investigations as

10  the division determines necessary to fulfill its

11  responsibilities under the provisions of this chapter.

12         (3)  The division shall investigate all criminal

13  violations of this chapter or any other criminal violation of

14  law occurring on the facilities of a slot machine licensee and

15  such investigations may be conducted in conjunction with the

16  statewide prosecutor or appropriate state attorney and

17  appropriate law enforcement agencies. The division and its

18  employees and agents shall have such other law enforcement

19  powers as specified in ss. 943.04 and 943.10.

20         (4)  The division shall have unrestricted access to the

21  slot machine licensee facility at all times and shall require

22  of each slot machine licensee strict compliance with the laws

23  of this state relating to the transaction of such business.

24  The division may:

25         (a)  Inspect and examine premises where slot machines

26  are offered for play.

27         (b)  Inspect slot machines and related equipment and

28  supplies.

29         (c)  Collect taxes, assessments, fees, and penalties.

30  

31  

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 1         (d)  Deny, revoke, suspend, or place conditions on the

 2  license of a person who violates any provision of this chapter

 3  or rule adopted pursuant thereto.

 4         (5)  The division shall revoke or suspend the license

 5  of any person who is no longer qualified or who is found,

 6  after receiving a license, to have been unqualified at the

 7  time of application for the license.

 8         551.104  License to conduct slot machine gaming.--

 9         (1)  Upon application and a finding by the division

10  after investigation that the application is complete and the

11  applicant is qualified and payment of the initial license fee,

12  the division shall issue a license to conduct slot machine

13  gaming in the designated slot machine gaming area of the slot

14  machine licensee's facility. Once licensed, slot machine

15  gaming may be conducted subject to the requirements of this

16  chapter and rules adopted pursuant thereto.

17         (2)  An application may be approved by the division

18  only after the voters of the county where the applicant's

19  facility is located have authorized by referendum slot

20  machines within pari-mutuel facilities in that county as

21  specified in s. 23, Art. X of the State Constitution.

22         (3)  A slot machine license may be issued only to a

23  licensed pari-mutuel permitholder, and slot machine gaming may

24  be conducted only at the same facility at which the

25  permitholder is authorized under its valid pari-mutuel

26  wagering permit to conduct pari-mutuel wagering activities.

27         (4)  As a condition of licensure and to maintain

28  continued authority for the conduct of slot machine gaming,

29  the slot machine licensee shall:

30         (a)  Continue to be in compliance with this chapter.

31  

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 1         (b)  Continue to be in compliance with chapter 550,

 2  where applicable, and maintain the licensee's pari-mutuel

 3  permit and license in good standing pursuant to the provisions

 4  of chapter 550.

 5         (c)  Conduct no fewer than the greater number of live

 6  races or games that were conducted at that pari-mutuel

 7  facility in calendar year 2002 or calendar year 2003.

 8         (d)  Upon approval of any changes relating to the

 9  pari-mutuel permit by the division, be responsible for

10  providing appropriate current and accurate documentation on a

11  timely basis to the division in order to continue the slot

12  machine license in good standing.

13         (e)  Allow unrestricted access and right of inspection

14  by the division to facilities of a slot machine licensee in

15  which any activity relative to the conduct of slot machine

16  gaming is conducted.

17         (f)  Submit a security plan, including a slot machine

18  floor plan, location of security cameras, and the listing of

19  security equipment that is capable of observing and

20  electronically recording activities being conducted in the

21  designated slot machine gaming area.

22         (g)  Use the Internet-based job-listing system of the

23  Agency for Workforce Innovation in advertising employment

24  opportunities. Further, each slot machine licensee in its

25  gaming operations shall create equal employment opportunities

26  that shall be implemented in a nondiscriminatory manner in

27  hiring and promoting employees to achieve the full and fair

28  participation of women, Asians, blacks, Hispanics, Native

29  Americans, persons with disabilities, and other protected

30  groups within the municipality where the pari-mutuel facility

31  is located, and an action plan and programs shall be

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 1  implemented by each pari-mutuel facility designed to ensure

 2  that the percentage of the minority population in the area in

 3  which each pari-mutuel facility is located is considered to

 4  the extent minority applications are submitted in equal

 5  proportion to the number of jobs open for hiring at entry

 6  level, managerial, supervisory, and any other positions,

 7  unless there is a bona fide occupational qualification

 8  requiring a distinct and unique employment expertise that a

 9  minority applicant does not possess.

10         (5)  A slot machine license is not transferable.

11         551.105  Slot machine license renewal.--

12         (1)  Slot machine licenses shall be renewed annually.

13  The application for renewal shall contain all revisions to the

14  information submitted in the prior year's application which is

15  necessary to maintain such information as both accurate and

16  current.

17         (2)  The applicant for renewal shall attest that any

18  information changes do not affect the applicant's

19  qualifications for license renewal.

20         (3)  Upon determination by the division that the

21  application for renewal is complete and qualifications have

22  been met, including payment of the renewal fee, the slot

23  machine license shall be renewed annually.

24         551.106  License fee; machine fee; tax rate.--

25         (1)  LICENSE FEE.--Upon approval of the application for

26  a slot machine license, the licensee must pay to the division

27  an initial license fee of $1 million for the first year of

28  operation. Thereafter, an annual license fee of $1,000 per

29  slot machine shall be paid.  Such payment shall be made

30  directly to the Pari-mutuel Wagering Trust Fund established

31  pursuant to s. 455.116.  Such payments shall be accounted for

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 1  separately from taxes or fees paid pursuant to the provisions

 2  of chapter 550.  Such funds in such trust fund may be

 3  appropriated annually by the Legislature to the division for

 4  its administration of this chapter and carrying out of its

 5  regulatory functions set forth in this chapter.

 6         (2)  TAX ON SLOT MACHINE REVENUES.  

 7         (a)  The tax rate on slot machine revenues on each

 8  facility shall be:

 9         1.  Thirty percent on revenue of $100 million or less;

10         2.  Thirty-two and one-half percent on revenue greater

11  than $100 million, but less than or equal to $200 million; and

12         3.  Thirty-five percent on all revenue greater than

13  $200 million.

14         (b)  The tax shall be collected on a daily basis and

15  deposited into the Education Enhancement Trust Fund.

16         (c)  The division shall notify the eligible facility

17  concerning the appropriate tax rate to apply to the slot

18  machine revenues.

19         (3)  PAYMENT PROCEDURES.--Tax payments shall be

20  remitted daily, as determined by rule of the division. The

21  slot machine licensee shall file a report under oath by the

22  5th day of each calendar month for all taxes remitted during

23  the preceding calendar month which shall show all slot machine

24  activities for the preceding calendar month and such other

25  information as may be required by the division.

26         (4)  FAILURE TO PAY TAX; PENALTIES.--A slot machine

27  licensee who fails to make tax payments as required under this

28  section is subject to an administrative penalty of up to

29  $1,000 for each day the tax payment is not remitted. All

30  administrative penalties imposed and collected shall be

31  deposited into the Pari Mutuel Wagering Trust Fund in the

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 1  Department of Business and Professional Regulation. If any

 2  slot machine licensee fails to pay penalties imposed by order

 3  of the division under this subsection, the division may

 4  suspend, revoke, or fail to renew the license of the slot

 5  machine licensee.

 6         (5)  FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR

 7  FAIL TO RENEW THE LICENSE.--In addition to the penalties

 8  imposed under subsection (4), any willful or wanton failure by

 9  a slot machine licensee to make payments of the tax

10  constitutes sufficient grounds for the division to suspend,

11  revoke, or fail to renew the license of the slot machine

12  licensee.

13         (6)  SUBMISSION OF FUNDS.--The division may require

14  slot machine licensees to remit taxes, fees, fines, and

15  assessments by electronic funds transfer.

16         551.107  Occupational license required; application;

17  fee.--

18         (1)  The individuals and entities that are licensed

19  under this section require heightened state scrutiny,

20  including the submission by the individual licensees or

21  persons associated with the entities described in this chapter

22  of fingerprints for a criminal records check.

23         (2)(a)  The following licenses shall be issued to

24  persons or entities having access to the designated slot

25  machine gaming area or to persons who, by virtue of the

26  position they hold, might be granted access to these areas or

27  to any other person or entity in one of the following

28  categories:

29         1.  General occupational licenses for general

30  employees, food service, maintenance, and other similar

31  service and support employees having access to the designated

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 1  slot machine gaming area. Service and support employees with a

 2  current pari-mutuel occupational license issued pursuant to

 3  chapter 550 and a current background check are not required to

 4  submit to an additional background check for a slot machine

 5  occupational license as long as the pari-mutuel occupational

 6  license remains in good standing.

 7         2.  Professional occupational licenses for any person,

 8  proprietorship, partnership, corporation, or other entity that

 9  is authorized by a slot machine licensee to manage, oversee,

10  or otherwise control daily operations as a slot machine

11  manager, floor supervisor, security personnel, or any other

12  similar position of oversight of gaming operations.

13         3.  Business occupational licenses for any slot machine

14  management company or slot machine business associated with

15  slot machine gaming or a person who manufactures, distributes,

16  or sells slot machines, slot machine paraphernalia, or other

17  associated equipment to slot machine licensees or any person

18  not an employee of the slot machine licensee who provides

19  maintenance, repair, or upgrades or otherwise services a slot

20  machine or other slot machine equipment.

21         (b)  Slot machine occupational licenses are not

22  transferable.

23         (3)  A slot machine licensee shall not employ or

24  otherwise allow a person to work at a slot machine facility

25  unless such person holds a valid occupational license. A slot

26  machine licensee shall not contract or otherwise do business

27  with a business required to hold a slot machine occupational

28  license unless the business holds such a license. A slot

29  machine licensee shall not employ or otherwise allow a person

30  to work in a supervisory or management professional level at a

31  

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 1  slot machine facility unless such person holds a valid

 2  occupational license.

 3         (4)(a)  A person seeking a slot machine occupational

 4  license, or renewal thereof, shall make application on forms

 5  prescribed by the division and include payment of the

 6  appropriate application fee. Initial and renewal applications

 7  for slot machine occupational licenses shall contain all the

 8  information the division, by rule, may determine is required

 9  to ensure eligibility.

10         (b)  The division shall establish, by rule, a schedule

11  for the annual renewal of slot machine occupational licenses.

12         (c)  Pursuant to rules adopted by the division, any

13  person may apply for and, if qualified, be issued an

14  occupational license valid for a period of 3 years upon

15  payment of the full occupational license fee for each of the 3

16  years for which the license is issued. The occupational

17  license shall be valid during its specified term at any slot

18  machine facility where slot machine gaming is authorized to be

19  conducted.

20         (d)  The slot machine occupational license fee for

21  initial application and annual renewal shall be determined by

22  rule of the division but shall not exceed $50 for a general or

23  professional occupational license for an employee of the slot

24  machine licensee or $1,000 for a business occupational license

25  for nonemployees of the licensee providing goods or services

26  to the slot machine licensee.  License fees for general

27  occupational licensees shall be paid for by the slot machine

28  licensee. Failure to pay the required fee shall be grounds for

29  disciplinary action by the division against the slot machine

30  licensee but shall not be considered a violation of this

31  chapter or rules of the division by the general occupational

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 1  licensee or a prohibition against the initial issuance or the

 2  renewal of the general occupational license.

 3         (5)  If the state gaming commission or other similar

 4  regulatory authority of another state or jurisdiction extends

 5  to the division reciprocal courtesy to maintain disciplinary

 6  control, the division may:

 7         (a)  Deny an application for or revoke, suspend, or

 8  place conditions or restrictions on a license of a person or

 9  entity who has been refused a license by any other state

10  gaming commission or similar authority; or

11         (b)  Deny an application for or suspend or place

12  conditions on a license of any person or entity who is under

13  suspension or has unpaid fines in another jurisdiction.

14         (6)(a)  The division may deny, suspend, revoke, or

15  declare ineligible any occupational license if the applicant

16  for or holder thereof has violated the provisions of this

17  chapter or the rules of the division governing the conduct of

18  persons connected with slot machine gaming. In addition, the

19  division may deny, suspend, revoke, or declare ineligible any

20  occupational license if the applicant for such license has

21  been convicted in this state, in any other state, or under the

22  laws of the United States of a capital felony, a felony, or an

23  offense in any other state which would be a felony under the

24  laws of this state involving arson; trafficking in, conspiracy

25  to traffic in, smuggling, importing, conspiracy to smuggle or

26  import, or delivery, sale, or distribution of a controlled

27  substance; or a crime involving a lack of good moral

28  character, or has had a slot machine gaming license revoked by

29  this state or any other jurisdiction for an offense related to

30  slot machine gaming.

31  

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 1         (b)  The division may deny, declare ineligible, or

 2  revoke any occupational license if the applicant for such

 3  license or the licensee has been convicted of a felony or

 4  misdemeanor in this state, in any other state, or under the

 5  laws of the United States, if such felony or misdemeanor is

 6  related to gambling or bookmaking as contemplated in s.

 7  849.25.

 8         (7)  Fingerprints for all slot machine occupational

 9  license applications shall be taken in a manner approved by

10  the division and shall be submitted to the Department of Law

11  Enforcement and the Federal Bureau of Investigation for a

12  level II criminal records check upon initial application and

13  every 5 years thereafter. The division may by rule require an

14  annual or less frequent records check not to exceed every 5

15  years of all renewal applications for a slot machine

16  occupational license. The cost of processing fingerprints and

17  conducting a records check shall be borne by the applicant.

18         (8)  All moneys collected pursuant to this section

19  shall be deposited into the Pari-Mutuel Wagering Trust Fund.

20         551.108  Prohibited relationships.--

21         (1)  A person employed by or performing any function on

22  behalf of the division shall not:

23         (a)  Be an officer, director, owner, or employee of any

24  person or entity licensed by the division.

25         (b)  Have or hold any interest, direct or indirect, in

26  or engage in any commerce or business relationship with any

27  person licensed by the division.

28         (2)  A manufacturer or distributor of slot machines

29  shall not enter into any contract with a slot machine licensee

30  which provides for any revenue sharing of any kind or nature

31  which is, directly or indirectly, calculated on the basis of a

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 1  percentage of slot machine revenues. Any maneuver, shift, or

 2  device whereby this provision is violated shall be a violation

 3  of this chapter and shall render any such agreement void.

 4         (3)  A manufacturer or distributor of slot machines or

 5  any equipment necessary for the operation of slot machines or

 6  an officer, director, or employee of any such manufacturer or

 7  distributor shall not have any ownership or financial interest

 8  in a slot machine license or in any business owned by the slot

 9  machine licensee.

10         551.109  Prohibited acts.--

11         (1)  Except as otherwise provided by law and in

12  addition to any other penalty, any person who intentionally

13  makes or causes to be made or aids, assists, or procures

14  another to make a false statement in any report, disclosure,

15  application, or any other document required under this chapter

16  or any rule adopted under this chapter is subject to an

17  administrative fine or civil penalty of up to $10,000.

18         (2)  Except as otherwise provided by law and in

19  addition to any other penalty, any person who possesses a slot

20  machine without the license required by this chapter or who

21  possesses a slot machine at any location other than at the

22  slot machine licensee facility is subject to an administrative

23  fine or civil penalty of up to $10,000.

24         (3)  Except as otherwise provided by law and in

25  addition to any other penalty, any person who intentionally

26  excludes, or takes any action in an attempt to exclude,

27  anything or its value from the deposit, counting, collection,

28  or computation of revenues from slot machine activity is

29  subject to an administrative fine or civil penalty of up to

30  $25,000.

31  

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    Florida Senate - 2005                           CS for SB 1174
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 1         (4)  Any person who, with intent to manipulate the

 2  outcome, payoff, or operation of a slot machine by physical

 3  tampering, or by use of any object, instrument, or device,

 4  whether mechanical, electrical, magnetic, or involving other

 5  means, manipulates the outcome, payoff, or operation of a slot

 6  machine commits a felony of the third degree, punishable as

 7  provided in s. 775.082, s. 775.083, or s. 775.084.

 8         (5)  All penalties imposed and collected must be

 9  deposited into the Pari-Mutuel Wagering Trust Fund in the

10  department.

11         551.110  Illegal devices.--Notwithstanding any

12  provision of law to the contrary, no slot machine

13  manufactured, sold, distributed, possessed, or operated

14  according to the provisions of this chapter shall be

15  considered unlawful.

16         551.111  Exclusions of certain persons.--

17         (1)  In addition to the power to exclude certain

18  persons from any facility of a slot machine licensee in this

19  state, the division may exclude any person from any facility

20  of a slot machine licensee in this state for conduct that

21  would constitute, if the person were a licensee, a violation

22  of this chapter or the rules of the division. The division may

23  exclude from any facility of a slot machine licensee any

24  person who has been ejected from a facility of a slot machine

25  licensee in this state or who has been excluded from any

26  facility of a slot machine licensee or gaming facility in

27  another state by the governmental department, agency,

28  commission, or authority exercising regulatory jurisdiction

29  over the gaming in such other state.

30  

31  

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    Florida Senate - 2005                           CS for SB 1174
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 1         (2)  This section shall not be construed to abrogate

 2  the common law right of a slot machine licensee to exclude a

 3  patron absolutely in this state.

 4         (3)  The division may authorize any person who has been

 5  ejected or excluded from a facility of a slot machine licensee

 6  in this state or another state to attend a facility of a slot

 7  machine licensee in this state upon a finding that the

 8  attendance of such person at a facility of a slot machine

 9  licensee would not be adverse to the public interest or to the

10  integrity of the industry; however, this section shall not be

11  construed to abrogate the common law right of a slot machine

12  licensee to exclude a patron absolutely in this state.

13         551.112  Minors prohibited from playing slot

14  machines.--

15         (1)  A slot machine licensee or agent or employee of a

16  slot machine licensee shall not:

17         (a)  Allow a person who has not attained 21 years of

18  age to play any slot machine.

19         (b)  Allow a person who has not attained 21 years of

20  age access to the designated slot machine gaming area of a

21  facility of a slot machine licensee.

22         (c)  Allow a person who has not attained 21 years of

23  age to be employed in any position allowing or requiring

24  access to the designated slot machine gaming area of a

25  facility of a slot machine licensee.

26         (2)  No person licensed under this chapter, or any

27  agent or employee of a licensee under this chapter, shall

28  intentionally allow a person who has not attained 21 years of

29  age to play or operate a slot machine or have access to the

30  designated slot machine area of a facility of a slot machine

31  licensee.

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 1         (3)  The eligible facility shall post clear and

 2  conspicuous signage within the designated slot machine gaming

 3  areas that states the following:

 4             THE PLAYING OF SLOT MACHINES BY PERSONS

 5            UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW

 6               (SECTION 551.112, FLORIDA STATUTES).

 7             PROOF OF AGE MAY BE REQUIRED AT ANYTIME

 8                  A PERSON IS WITHIN THIS AREA.

 9         551.113  Designated slot machine gaming areas.--

10         (1)  A slot machine licensee may make available for

11  play slot machines within its designated slot machine gaming

12  areas.

13         (2)  A slot machine licensee shall not allow any

14  automated teller machine or similar device designed to provide

15  credit or dispense cash to be located within 50 feet of a

16  designated slot machine gaming area within the facilities of

17  the slot machine licensee.

18         (3)  A slot machine licensee shall not make any loan or

19  provide credit or advance cash to enable a person to play a

20  slot machine.

21         (4)  The slot machine operator shall display

22  pari-mutuel races or games within the designated slot machine

23  gaming areas and offer within the designated slot machine

24  gaming areas the ability for patrons to engage in pari-mutuel

25  wagering on live and simulcast races conducted or offered to

26  patrons of the eligible facility.

27         (5)  No complimentary alcoholic beverages shall be

28  served to patrons within the designated slot machine gaming

29  areas.

30         (6)  The slot machine operator shall offer training to

31  employees on responsible gaming and shall work with the

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 1  compulsive gambling treatment program within the Mental Health

 2  Program Office of the Department of Children and Family

 3  Services to recognize problem gaming situations and to

 4  implement responsible gaming programs and practices.

 5         (7)  The division shall require the posting of signs in

 6  the designated slot machine gaming areas warning of the risks

 7  and dangers of gambling, showing the odds of winning, and

 8  informing patrons of the toll-free telephone number available

 9  to provide information and referral services regarding

10  compulsive or problem gambling.

11         (8)  The division shall establish standards of approval

12  for the physical layout and construction of any facility or

13  building devoted to slot machine operations. The standards

14  shall require that the slot machine gaming area be connected

15  to and contiguous within the operation of the live gaming

16  facility.  It is the intent of the Legislature that each

17  facility:

18         (a)  Possess superior consumer amenities and

19  conveniences to encourage and attract the patronage of

20  tourists and other visitors from across the region, state, and

21  nation.

22         (b)  Have adequate motor vehicle parking facilities to

23  satisfy patron requirements.

24         (c)  Have a physical layout and location that

25  facilitates access to the pari-mutuel portion of the facility.

26         556.114  Days and hours of operation.--Slot machine

27  gaming areas may be open 365 days a year.  The slot machine

28  gaming areas may be open only from 10:00 a.m. until 2:00 a.m.

29  Sunday through Saturday.

30         551.116  Penalties.--The division may revoke or suspend

31  any license issued under this chapter upon the willful

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 1  violation by the licensee of any provision of this chapter or

 2  of any rule adopted under this chapter. In lieu of suspending

 3  or revoking a license, the division may impose a civil penalty

 4  against the licensee for a violation of this chapter or any

 5  rule adopted by the division. Except as otherwise provided in

 6  this chapter, the penalty so imposed may not exceed $1,000 for

 7  each count or separate offense. All penalties imposed and

 8  collected must be deposited into the Pari-Mutuel Wagering

 9  Trust Fund in the department.

10         551.117  Compulsive gambling treatment program.--The

11  Mental Health Program Office within the Department of Children

12  and Family Services shall establish a program for public

13  education, awareness, and training regarding problem and

14  compulsive gambling and the treatment and prevention of

15  problem and compulsive gambling. The program shall include:

16         (1)  Maintenance of a compulsive gambling advocacy

17  organization's toll-free, problem-gambling telephone number to

18  provide crisis counseling and referral services to families

19  experiencing difficulty as a result of problem or compulsive

20  gambling.

21         (2)  The promotion of public awareness regarding the

22  recognition and prevention of problem or compulsive gambling.

23         (3)  Facilitation, through in-service training and

24  other means, of the availability of effective assistance

25  programs for problem and compulsive gamblers and family

26  members affected by problem and compulsive gambling.

27         (4)  Studies to identify adults and juveniles in this

28  state who are, or are at risk of becoming, problem or

29  compulsive gamblers.

30         551.118  Catering license.--A slot machine retailer is

31  entitled to a caterer's license pursuant to s. 565.02 on days

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    Florida Senate - 2005                           CS for SB 1174
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 1  in which the pari-mutuel facility is open to the public for

 2  slot machine game play as authorized by this chapter.

 3         551.119  Rulemaking.--

 4         (1)  The division may adopt rules pursuant to ss.

 5  120.536(1) and 120.54 to implement the provisions of this

 6  chapter.

 7         (2)  In order to expedite the licensing requirements of

 8  this chapter, the division may adopt emergency rules pursuant

 9  to s. 120.54(4).  The Legislature finds that such emergency

10  rules are necessary for the preservation of the rights and

11  welfare of the people in order to provide additional funds to

12  the benefit of the public.  Therefore, in adopting such

13  emergency rules, the division need not make the findings

14  required by s. 120.54(4)(a).

15         Section 2.  This act shall take effect upon becoming a

16  law.

17  

18  

19  

20  

21  

22  

23  

24  

25  

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    Florida Senate - 2005                           CS for SB 1174
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1174

 3                                 

 4  The committee substitute:

 5  Creates chapter 551, of the Florida Statutes to authorize slot
    machine gaming in Miami-Dade and Broward Counties if approved
 6  by a majority of the voters in those counties;

 7  Provides for a central control computer run by the Division of
    Pari-mutuel Wagering (division) to which all slot machines are
 8  able to communicate with for purposes of auditing and other
    financial information;
 9  
    Provides for an independent testing laboratory to test the
10  slot machines;

11  Defines slot machines revenues as the total of all cash and
    property received by the slot machine licensee from slot
12  machine gaming operations less the amount of cash, cash
    equivalents, credits, and prizes paid to winners of slot
13  machine gaming;

14  Enumerates the powers and duties of the division to regulate
    slot machine gaming;
15  
    Provides for an initial license fee of $1 million and an
16  annual license fee of $1,000 per slot machine to be paid
    thereafter;
17  
    Provides a tax rate of 30 percent on slot machine revenues of
18  $100 million or less, 32.5 percent on slot machine revenues of
    greater than $100 million but less than or equal to $200
19  million; and 35 percent on all revenue greater than $200
    million;
20  
    Requires that the tax is collected on a daily basis;
21  
    Provides for payment of taxes, fees and fines by electronic
22  transfer;

23  Requires occupational licenses for licensed individuals and
    entities licensed under the chapter;
24  
    Requires professional occupational licenses for persons,
25  proprietorships, partnerships, corporations, or other entities
    that manage, oversee or control the daily operations of the
26  gaming operations;

27  Requires business occupational licenses for any slot machine
    management company or business associated with slot machine
28  gaming or a person who manufactures, distributes, or sells
    slot machines, slot machine paraphernalia or other associated
29  equipment;

30  Prohibits certain business relationship between division
    employees and licensees;
31  
    Prohibits revenue sharing between a manufacturer or
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    Florida Senate - 2005                           CS for SB 1174
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 1  distributor of slot machines and a slot machine licensee;

 2  Prohibits certain acts involving false statements and
    disclosures in reports or applications and provides an
 3  administrative fine or civil penalty of up to $10,000;

 4  Provides for an administrative fine or civil penalty of up to
    $25,000 for persons who intentionally exclude or take action
 5  to exclude anything from the computation of revenues;

 6  Excludes from the slot machine facilities violators of the
    provisions of the act;
 7  
    Prohibits persons under the age of 21 from playing or being
 8  employed at a slot machine facility;

 9  Prohibits complimentary alcoholic beverages from being served
    to patrons;
10  
    Provides the gaming area be open 365 days and from the hours
11  of 10:00 a.m. until 2:00 a.m. Sunday through Saturday;

12  Provides for a Compulsive Gambling Treatment Program;

13  Provides for a catering license; and

14  Provides for rulemaking.

15  

16  

17  

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25  

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