Senate Bill sb1174c1
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By the Committee on Regulated Industries; and Senator Jones
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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:
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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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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.
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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;
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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;
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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;
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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;
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Requires that the tax is collected on a daily basis;
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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;
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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;
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Prohibits revenue sharing between a manufacturer or
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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;
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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;
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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.
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