Senate Bill sb1174c3
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Florida Senate - 2005 CS for CS for CS for SB 1174
By the Committees on Ways and Means; Judiciary; Regulated
Industries; and Senator Jones
576-2329-05
1 A bill to be entitled
2 An act relating to pari-mutuel wagering;
3 amending s. 550.2415, F.S.; requiring the
4 Division of Pari-mutuel Wagering in the
5 Department of Business and Professional
6 Regulation to maintain certain records
7 regarding injuries and the disposition of
8 greyhounds that race in this state; providing
9 guidelines and requirements for injury and
10 disposition report forms; providing for the
11 adoption of rules; providing penalties;
12 creating ch. 551, F.S.; implementing s. 23,
13 Art. X of the State Constitution; authorizing
14 slot machines and slot machine gaming within
15 certain pari-mutuel facilities located in
16 Miami-Dade and Broward Counties upon approval
17 by a local referendum; providing definitions;
18 providing powers and duties of the Division of
19 Pari-mutuel Wagering in the Department of
20 Business and Professional Regulation;
21 clarifying the authority of local law
22 enforcement agencies; providing for licensure
23 to conduct slot machine gaming; providing for
24 slot machine licensure renewal; providing for a
25 license fee, machine fee, and tax rate;
26 providing for a local supplemental tax;
27 requiring occupational licenses and application
28 fees; prohibiting certain business
29 relationships; prohibiting certain acts and
30 providing penalties; providing an exception to
31 prohibitions relating to slot machines;
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1 providing for the exclusion of certain persons
2 from facilities; prohibiting minors under 21
3 years of age from playing slot machines;
4 designating slot machine gaming areas;
5 prohibiting automated teller machines on the
6 property of a slot machine licensee; providing
7 for days and hours of operation; providing
8 penalties; providing a compulsive gambling
9 treatment program; providing for a fee;
10 providing for a caterer's license; providing
11 for rulemaking; providing for the conduct of a
12 referendum election for slot machines;
13 providing for elections for ratification of
14 slot machine licensing; authorizing additional
15 positions and providing appropriations;
16 providing effective dates.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Effective July 1, 2005, subsection (6) of
21 section 550.2415, Florida Statutes, is amended to read:
22 550.2415 Racing of animals under certain conditions
23 prohibited; penalties; exceptions.--
24 (6)(a) It is the intent of the Legislature that
25 animals that participate in races in this state on which
26 pari-mutuel wagering is conducted and animals that are bred
27 and trained in this state for racing be treated humanely, both
28 on and off racetracks, throughout the lives of the animals.
29 (b) The division shall, by rule, establish the
30 procedures for euthanizing greyhounds. However, a greyhound
31 may not be put to death by any means other than by lethal
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1 injection of the drug sodium pentobarbital. A greyhound may
2 not be removed from this state for the purpose of being
3 destroyed.
4 (c) It is a violation of this chapter for an
5 occupational licensee to train a greyhound using live or dead
6 animals. A greyhound may not be taken from this state for the
7 purpose of being trained through the use of live or dead
8 animals.
9 (d) A conviction of cruelty to animals pursuant to s.
10 828.12 involving a racing animal constitutes a violation of
11 this chapter.
12 (e) The division shall maintain accurate records and
13 statistics regarding injuries incurred by greyhounds that race
14 in this state. The division shall adopt rules requiring the
15 reporting of injuries incurred by greyhounds while racing in
16 this state, including schooling races. Such reports must
17 include:
18 1. The greyhound's registered name and right and left
19 ear tattoo numbers.
20 2. The name, business address, and telephone number of
21 the greyhound owner, trainer, and kennel operator.
22 3. The color, weight, and sex of the greyhound.
23 4. The specific type of injury, the cause of the
24 injury, the estimated recovery time, and the location of the
25 injury on the greyhound.
26 5. Where the injury occurred, whether on a racing
27 track or in another area.
28 6. If the injury occurred while the greyhound was
29 racing, the racetrack where the injury occurred; the distance,
30 grade, race, and post position when the injury occurred; and
31
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1 the weather conditions, time, temperature, and track condition
2 at the time of the injury.
3 7. A certification by the racetrack veterinarian that
4 the form is correct.
5 (f) The division shall maintain accurate records and
6 statistics regarding the disposition of greyhounds that
7 participate in racing in this state. The division shall adopt
8 rules requiring the reporting of the disposition of greyhounds
9 that race in this state, including schooling races. As used in
10 the reporting requirement, the term "disposition" means death,
11 transfer to another jurisdiction, retirement, adoption, sale,
12 or donation for medical research or another purpose. Such
13 reports must include:
14 1. The greyhound's registered name and right and left
15 ear tattoo numbers; the name, business address, and telephone
16 number of the greyhound owner, trainer, and kennel operator;
17 and the name and address of the race track where the greyhound
18 last raced prior to disposition.
19 2. If the greyhound was transferred to another track,
20 the name and address of the track that received the greyhound
21 and the name, business address, telephone number, and driver's
22 license number and state of issuance of the person who
23 received the greyhound on behalf of that track.
24 3. If the greyhound was retired for breeding, the name
25 and address of the facility that received the greyhound and
26 the name, business address, telephone number, and driver's
27 license number and state of issuance of the person who
28 received the greyhound on behalf of that facility.
29 4. If the greyhound was adopted or placed for
30 adoption, the name and address of the person that received the
31 greyhound and, if applicable, the name, business address,
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1 telephone number, and driver's license number and state of
2 issuance of the person who received the greyhound on behalf of
3 the adoption facility.
4 5. If the greyhound was euthanized, the name, address,
5 professional title, professional affiliation of the person
6 performing the euthanasia, method of euthanasia, and reason
7 the greyhound was euthanized rather than adopted.
8 6. If the greyhound was sold or donated, the name of
9 the person to whom the greyhound was sold or donated, and if
10 donated, the name, business address, telephone number, and
11 driver's license number and state of issuance of the person
12 who received the greyhound on behalf of the donee.
13 7. If the disposition of the greyhound does not fit
14 into any of the above categories, the name of the person to
15 whom the greyhound was transferred, and the name, business
16 address, telephone number, and driver's license number and
17 state of issuance of the person who received the greyhound.
18 8. Certification by the owner, trainer, and kennel
19 operator that the disposition forms are correct.
20 (g) The division shall maintain injury and disposition
21 records for 7 years.
22 (h) In addition to other penalties imposed by law, a
23 person who knowingly makes a false statement on an injury or
24 disposition form commits a misdemeanor of the first degree,
25 punishable as provided in s. 775.082 or s. 775.083. A person
26 who knowingly makes a false statement on an injury or
27 disposition form on a second or subsequent occasion commits a
28 felony of the third degree, punishable as provided in s.
29 775.082, s. 775.083, or s. 775.084.
30 Section 2. Chapter 551, Florida Statutes, consisting
31 of sections 551.101, 551.102, 551.103, 551.104, 551.105,
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1 551.106, 551.107, 551.108, 551.109, 551.110, 551.111, 551.112,
2 551.113, 551.114, 551.116, 551.117, 551.118, 551.119, 551.120,
3 and 551.121, is created to read:
4 CHAPTER 551
5 SLOT MACHINES
6 551.101 Slot machine gaming authorized.--Any existing,
7 licensed pari-mutuel facility located in Miami-Dade County or
8 Broward County at the time of adoption of s. 23, Art. X of the
9 State Constitution which has conducted live racing or games
10 during calendar years 2002 and 2003 may possess slot machines
11 and conduct slot machine gaming at the location where the
12 pari-mutuel permitholder is authorized to conduct pari-mutuel
13 wagering activities pursuant to such permitholder's valid
14 pari-mutuel permit or as otherwise authorized by law provided
15 a majority of voters in a countywide referendum have approved
16 the possession of slot machines at such facility in the
17 respective county. Notwithstanding any other provision of law,
18 it is not a crime for a person to participate in slot machine
19 gaming at a pari-mutuel facility licensed to possess and
20 conduct slot machine gaming or to participate in slot machine
21 gaming described in this chapter.
22 551.102 Definitions.--As used in this chapter, the
23 term:
24 (1) "Central control computer" means a central site
25 computer controlled and accessible by the division to which
26 all slot machines at a gaming facility communicate for the
27 purposes of auditing capacity; real-time information retrieval
28 of the details of any financial event that occurs in the
29 operation of a slot machine, including, but not limited to,
30 coin in, coin out, ticket in, ticket out, jackpots, machine
31
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1 door openings and power failure; and remote machine activation
2 and disabling of slot machines.
3 (2) "Designated slot machine gaming area" means the
4 area of an eligible facility, which may include any addition,
5 alteration, or new structure located on the premises described
6 in the pari-mutuel permit issued by the division for the
7 conduct of pari-mutuel wagering, in which slot machine gaming
8 may be conducted in accordance with the provisions of this
9 chapter.
10 (3) "Distributor" means any person that sells, leases,
11 or offers, or otherwise provides, distributes, or services,
12 any slot machine or associated equipment for use or play of
13 slot machines in this state. A manufacturer may be a
14 distributor within the state.
15 (4) "Division" means the Division of Pari-mutuel
16 Wagering of the Department of Business and Professional
17 Regulation.
18 (5) "Eligible facility" means any existing licensed
19 pari-mutuel facility located in Miami-Dade County or Broward
20 County at the time of adoption of s. 23, Art. X of the State
21 Constitution which has conducted live racing or games during
22 calendar years 2002 and 2003 and has been approved by a
23 majority of voters in a countywide referendum to have slot
24 machines at such facility in the respective county.
25 (6) "Independent testing laboratory" means a
26 laboratory of national reputation which is demonstrably
27 competent and qualified to scientifically test and evaluate
28 slot machines for compliance with this chapter and to
29 otherwise perform the functions assigned to it in this
30 chapter. An independent testing laboratory shall not be owned
31 or controlled by a licensee. The use of an independent testing
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1 laboratory for any purpose related to the conduct of slot
2 machine gaming by a licensee under this chapter shall be made
3 from a list of one or more laboratories approved by the
4 division.
5 (7) "Manufacturer" means any person who manufactures,
6 builds, rebuilds, fabricates, assembles, produces, programs,
7 designs, or otherwise makes modifications to any slot machine
8 or associated equipment for use or play of slot machines in
9 this state for gaming purposes. A manufacturer may be a
10 distributor within the state.
11 (8) "Progressive system" means a computerized system
12 linking slot machines in one or more licensed facilities
13 within this state and offering one or more common progressive
14 payouts based on the amounts wagered.
15 (9) "Slot machine" means any mechanical or electrical
16 contrivance, terminal, machine, or other device that, upon
17 insertion of a coin, bill, ticket, token, or similar object or
18 upon payment of any consideration whatsoever, including the
19 use of any electronic payment system except a credit card or
20 debit card, is available to play or operate, the play or
21 operation of which, whether by reason of skill or application
22 of the element of chance or both, may deliver or entitle the
23 person or persons playing or operating the contrivance,
24 terminal, machine, or other device to receive cash, billets,
25 tickets, tokens, or electronic credits to be exchanged for
26 cash or to receive merchandise or anything of value
27 whatsoever, whether the payoff is made automatically from the
28 machine or manually. A slot machine:
29 (a) May use spinning reels or video displays or both.
30 (b) May or may not dispense coins, tickets, or tokens
31 to winning patrons.
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1 (c) May use an electronic credit system for receiving
2 wagers and making payouts.
3
4 The term includes associated equipment necessary to conduct
5 the operation of the contrivance, terminal, machine, or other
6 device.
7 (10) "Slot machine license" means a license issued by
8 the division authorizing an eligible facility to place and
9 operate slot machines as required by the provisions of this
10 chapter and the rules.
11 (11) "Slot machine licensee" means an eligible
12 facility that holds a slot machine license.
13 (12) "Slot machine operator" means a person employed
14 or contracted by the owner of an eligible facility to conduct
15 slot machine gaming at that eligible facility.
16 (13) "Slot machine owner" means a person who holds a
17 material interest in the slot machines.
18 (14) "Slot machine revenues" means the total of all
19 cash and property received by the slot machine licensee from
20 slot machine gaming operations less the amount of cash, cash
21 equivalents, credits, and prizes paid to winners of slot
22 machine gaming.
23 551.103 Powers and duties.--
24 (1) The division shall adopt, pursuant to the
25 provisions of ss. 120.536(1) and 120.54, all rules necessary
26 to implement, administer, and regulate slot machine gaming as
27 authorized in this chapter. Such rules shall include:
28 (a) Procedures for applying for a license and renewal
29 of a license.
30 (b) Procedures for establishing technical requirements
31 in addition to the qualifications that are necessary to
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1 receive a slot machine license or slot machine occupational
2 license.
3 (c) Procedures relating to slot machine revenues,
4 including verifying and accounting for such revenues,
5 auditing, and collecting taxes and fees consistent with this
6 chapter.
7 (d) Procedures for regulating, managing, and auditing
8 the operation, financial data, and program information
9 relating to slot machines through the central control
10 computer.
11 (e) Procedures for requiring each licensee at his or
12 her own cost and expense to supply the division with a bond
13 having the penal sum of $2 million payable to the Governor and
14 his or her successors in office for the licensee's first year
15 of slot machine operations; and, thereafter, the licensee
16 shall file a bond with the penal sum as determined by the
17 division pursuant to rules adopted to approximate anticipated
18 state revenues from the licensee's slot machine operations.
19 Any bond shall be issued by a surety or sureties to be
20 approved by the division and the Chief Financial Officer,
21 conditioned to faithfully make the payments to the Chief
22 Financial Officer in his or her capacity as treasurer of the
23 division. The licensee shall be required to keep its books and
24 records and make reports as provided in this chapter and to
25 conduct its slot machine operations in conformity with this
26 chapter and all other provisions of law. The division may
27 review the bond for adequacy and require adjustments each
28 fiscal year. Such bond shall be separate and distinct from the
29 bond required in s. 550.125.
30 (f) Procedures for requiring licensees to maintain
31 specified records and submit any data, information, record, or
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1 report, including financial and income records, required by
2 this chapter or determined by the division to be necessary to
3 the proper implementation and enforcement of this chapter.
4 (g) Procedures for requiring that the payout
5 percentage of a slot machine shall be no less than 85 percent
6 per facility.
7 (2) The division shall conduct such investigations as
8 the division determines necessary to fulfill its
9 responsibilities under the provisions of this chapter.
10 (3) The division shall investigate criminal violations
11 of this chapter and may investigate any other criminal
12 violation of law occurring on the facilities of a slot machine
13 licensee and such investigations may be conducted in
14 conjunction with the appropriate state attorney and
15 appropriate law enforcement agencies. The division and its
16 employees and agents shall have such other law enforcement
17 powers as specified in ss. 943.04 and 943.10.
18 (4) The division shall have unrestricted access to the
19 slot machine licensee facility at all times and shall require
20 of each slot machine licensee strict compliance with the laws
21 of this state relating to the transaction of such business.
22 The division may:
23 (a) Inspect and examine premises where slot machines
24 are offered for play.
25 (b) Inspect slot machines and related equipment and
26 supplies.
27 (c) Collect taxes, assessments, fees, and penalties.
28 (d) Deny, revoke, suspend, or place conditions on the
29 license of a person who violates any provision of this chapter
30 or rule adopted pursuant thereto.
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1 (5) The division shall revoke or suspend the license
2 of any person who is no longer qualified or who is found,
3 after receiving a license, to have been unqualified at the
4 time of application for the license.
5 (6) Nothing in this section shall be construed to
6 prohibit law enforcement authorities within the jurisdiction
7 of a slot machine licensee facility from conducting criminal
8 investigations occurring on the facilities of the slot machine
9 licensee.
10 (7) Nothing in this section shall be construed to
11 restrict access to the slot machine licensee facility by local
12 law enforcement authorities within the jurisdiction of the
13 slot machine licensee facility.
14 (8) Nothing in this section shall be construed to
15 restrict access to information and records necessary to the
16 investigation of criminal activity which are contained within
17 the slot machine licensee facility by local law enforcement
18 authorities.
19 551.104 License to conduct slot machine gaming.--
20 (1) Upon application and a finding by the division
21 after investigation that the application is complete and the
22 applicant is qualified and payment of the initial license fee,
23 the division shall issue a license to conduct slot machine
24 gaming in the designated slot machine gaming area of the slot
25 machine licensee's facility. Once licensed, slot machine
26 gaming may be conducted subject to the requirements of this
27 chapter and rules adopted pursuant thereto.
28 (2) An application may be approved by the division
29 only after the voters of the county where the applicant's
30 facility is located have authorized by referendum slot
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1 machines within pari-mutuel facilities in that county as
2 specified in s. 23, Art. X of the State Constitution.
3 (3) A slot machine license may be issued only to a
4 licensed pari-mutuel permitholder, and slot machine gaming may
5 be conducted only at the same facility at which the
6 permitholder is authorized under its valid pari-mutuel
7 wagering permit to conduct pari-mutuel wagering activities.
8 (4) As a condition of licensure and to maintain
9 continued authority for the conduct of slot machine gaming,
10 the slot machine licensee shall:
11 (a) Continue to be in compliance with this chapter.
12 (b) Continue to be in compliance with chapter 550,
13 where applicable, and maintain the pari-mutuel permit and
14 license in good standing pursuant to the provisions of chapter
15 550. Notwithstanding any contrary provision of law and in
16 order to expedite the operation of slot machines at eligible
17 facilities, any eligible facility shall be entitled within 60
18 days after the effective date of this act to amend its
19 2005-2006 license issued by the Division of Pari-mutuel
20 Wagering and shall be granted the requested changes in its
21 authorized performances pursuant to such amendment. The
22 Division of Pari-mutuel Wagering shall issue a new license to
23 the eligible facility to effectuate an amendment.
24 (c) Conduct not less than a full schedule of live
25 performances or games as defined in s. 550.002(11).
26 (d) Upon approval of any changes relating to the
27 pari-mutuel permit by the division, be responsible for
28 providing appropriate current and accurate documentation on a
29 timely basis to the division in order to continue the slot
30 machine license in good standing.
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1 (e) Allow unrestricted access and right of inspection
2 by the division to facilities of a slot machine licensee in
3 which any activity relative to the conduct of slot machine
4 gaming is conducted.
5 (f) Submit a security plan, including a slot machine
6 floor plan, location of security cameras, and the listing of
7 security equipment that is capable of observing and
8 electronically recording activities being conducted in the
9 designated slot machine gaming area.
10 (g) Use the Internet-based job-listing system of the
11 Agency for Workforce Innovation in advertising employment
12 opportunities. Further, each slot machine licensee in its
13 gaming operations shall create equal employment opportunities
14 that shall be implemented in a nondiscriminatory manner in
15 hiring and promoting employees to achieve the full and fair
16 participation of women, Asians, blacks, Hispanics, Native
17 Americans, persons with disabilities, and other protected
18 groups within the municipality where the pari-mutuel facility
19 is located, and an action plan and programs shall be
20 implemented by each pari-mutuel facility designed to ensure
21 that the percentage of the minority population in the area in
22 which each pari-mutuel facility is located is considered to
23 the extent minority applications are submitted in equal
24 proportion to the number of jobs open for hiring at entry
25 level, managerial, supervisory, and any other positions,
26 unless there is a bona fide occupational qualification
27 requiring a distinct and unique employment expertise that a
28 minority applicant does not possess.
29 (5) A slot machine license is not transferable.
30 551.105 Slot machine license renewal.--
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1 (1) Slot machine licenses shall be renewed annually.
2 The application for renewal shall contain all revisions to the
3 information submitted in the prior year's application which is
4 necessary to maintain such information as both accurate and
5 current.
6 (2) The applicant for renewal shall attest that any
7 information changes do not affect the applicant's
8 qualifications for license renewal.
9 (3) Upon determination by the division that the
10 application for renewal is complete and qualifications have
11 been met, including payment of the renewal fee, the slot
12 machine license shall be renewed annually.
13 551.106 License fee; machine fee; tax rate.--
14 (1) LICENSE FEE.--Upon approval of the application for
15 a slot machine license, the licensee must pay to the division
16 an initial license fee of $4 million for the first year of
17 operation. Thereafter, an annual license fee of $1,000 per
18 slot machine shall be paid. Such payment shall be made
19 directly to the Pari-mutuel Wagering Trust Fund established
20 pursuant to s. 455.116. Such payments shall be accounted for
21 separately from taxes or fees paid pursuant to the provisions
22 of chapter 550. Such funds in such trust fund may be
23 appropriated annually by the Legislature to the division for
24 its administration of this chapter and carrying out of its
25 regulatory functions set forth in this chapter.
26 (2) TAX ON SLOT MACHINE REVENUES.
27 (a) The tax rate on slot machine revenues on each
28 facility shall be:
29 1. Thirty percent on revenue of $100 million or less;
30 2. Thirty-two and one-half percent on revenue greater
31 than $100 million, but less than or equal to $200 million; and
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1 3. Thirty-five percent on all revenue greater than
2 $200 million.
3 (b) The tax shall be collected on a daily basis and
4 deposited into the Public Education Capital Outlay and Debt
5 Service Trust Fund.
6 (c) The division shall notify the eligible facility
7 concerning the appropriate tax rate to apply to the slot
8 machine revenues.
9 (3) PAYMENT PROCEDURES.--Tax payments shall be
10 remitted daily, as determined by rule of the division. The
11 slot machine licensee shall file a report under oath by the
12 5th day of each calendar month for all taxes remitted during
13 the preceding calendar month which shall show all slot machine
14 activities for the preceding calendar month and such other
15 information as may be required by the division.
16 (4) FAILURE TO PAY TAX; PENALTIES.--A slot machine
17 licensee who fails to make tax payments as required under this
18 section is subject to an administrative penalty of up to
19 $1,000 for each day the tax payment is not remitted. All
20 administrative penalties imposed and collected shall be
21 deposited into the Pari Mutuel Wagering Trust Fund in the
22 Department of Business and Professional Regulation. If any
23 slot machine licensee fails to pay penalties imposed by order
24 of the division under this subsection, the division may
25 suspend, revoke, or fail to renew the license of the slot
26 machine licensee.
27 (5) FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR
28 FAIL TO RENEW THE LICENSE.--In addition to the penalties
29 imposed under subsection (4), any willful or wanton failure by
30 a slot machine licensee to make payments of the tax
31 constitutes sufficient grounds for the division to suspend,
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1 revoke, or fail to renew the license of the slot machine
2 licensee.
3 (6) SUBMISSION OF FUNDS.--The division may require
4 slot machine licensees to remit taxes, fees, fines, and
5 assessments by electronic funds transfer.
6 (7) LOCAL EDUCATION SUPPLEMENTAL SLOT MACHINE TAX.--
7 (a) On January 1 of each year, an annual tax of $500
8 per machine shall be imposed upon each slot machine approved
9 for use at any slot machine licensee's facility. The slot
10 machine licensee shall, on or before March 1 of each year, pay
11 the total amount of such tax to the division. The division
12 shall deposit any tax imposed pursuant to this subsection in
13 the Educational Enhancement Trust Fund in the Department of
14 Education on or before July 1 of each year. The Department of
15 Education shall, on or before August 1 of each year, forward
16 to the school district where a slot machine licensee is
17 located, any tax revenues collected from such slot machine
18 licensee pursuant to this subsection. The school district
19 shall use such revenues to pay additional:
20 1. Supplemental public education instruction expenses;
21 2. Classroom and school facilities construction
22 expenses;
23 3. School safety expenses; or
24 4. Educational infrastructure expenses.
25
26 All expenses under this paragraph must have been incurred as a
27 direct result of the slot machine licensee's operation of slot
28 machines in the school district during the immediately
29 preceding school year.
30 (b) On or before June 30 of each year following a
31 school district's receipt of tax revenues, the Department of
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1 Education shall conduct a independent audit for purposes of
2 confirming the amount of any additional expenses to the school
3 district which are attributable to such district as a direct
4 result of the slot machine licensee's operations of slot
5 machines in the school district during the immediately
6 preceding school year. The amount of the tax revenues received
7 from a slot machine licensee pursuant to this section, in
8 excess of the amount of any such additional direct expenses,
9 as determined by the Department of Education audit, shall be
10 returned to the Educational Enhancement Trust Fund within 90
11 days after the audit becomes final.
12 551.107 Occupational license required; application;
13 fee.--
14 (1) The individuals and entities that are licensed
15 under this section require heightened state scrutiny,
16 including the submission by the individual licensees or
17 persons associated with the entities described in this chapter
18 of fingerprints for a criminal records check.
19 (2)(a) The following licenses shall be issued to
20 persons or entities having access to the designated slot
21 machine gaming area or to persons who, by virtue of the
22 position they hold, might be granted access to these areas or
23 to any other person or entity in one of the following
24 categories:
25 1. General occupational licenses for general
26 employees, food service, maintenance, and other similar
27 service and support employees having access to the designated
28 slot machine gaming area. Service and support employees with a
29 current pari-mutuel occupational license issued pursuant to
30 chapter 550 and a current background check are not required to
31 submit to an additional background check for a slot machine
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1 occupational license as long as the pari-mutuel occupational
2 license remains in good standing.
3 2. Professional occupational licenses for any person,
4 proprietorship, partnership, corporation, or other entity that
5 is authorized by a slot machine licensee to manage, oversee,
6 or otherwise control daily operations as a slot machine
7 manager, floor supervisor, security personnel, or any other
8 similar position of oversight of gaming operations.
9 3. Business occupational licenses for any slot machine
10 management company or slot machine business associated with
11 slot machine gaming or a person who manufactures, distributes,
12 or sells slot machines, slot machine paraphernalia, or other
13 associated equipment to slot machine licensees or any person
14 not an employee of the slot machine licensee who provides
15 maintenance, repair, or upgrades or otherwise services a slot
16 machine or other slot machine equipment.
17 (b) Slot machine occupational licenses are not
18 transferable.
19 (3) A slot machine licensee shall not employ or
20 otherwise allow a person to work at a slot machine facility
21 unless such person holds a valid occupational license. A slot
22 machine licensee shall not contract or otherwise do business
23 with a business required to hold a slot machine occupational
24 license unless the business holds such a license. A slot
25 machine licensee shall not employ or otherwise allow a person
26 to work in a supervisory or management professional level at a
27 slot machine facility unless such person holds a valid
28 occupational license.
29 (4)(a) A person seeking a slot machine occupational
30 license, or renewal thereof, shall make application on forms
31 prescribed by the division and include payment of the
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1 appropriate application fee. Initial and renewal applications
2 for slot machine occupational licenses shall contain all the
3 information the division, by rule, may determine is required
4 to ensure eligibility.
5 (b) The division shall establish, by rule, a schedule
6 for the annual renewal of slot machine occupational licenses.
7 (c) Pursuant to rules adopted by the division, any
8 person may apply for and, if qualified, be issued an
9 occupational license valid for a period of 3 years upon
10 payment of the full occupational license fee for each of the 3
11 years for which the license is issued. The occupational
12 license shall be valid during its specified term at any slot
13 machine facility where slot machine gaming is authorized to be
14 conducted.
15 (d) The slot machine occupational license fee for
16 initial application and annual renewal shall be determined by
17 rule of the division but shall not exceed $50 for a general or
18 professional occupational license for an employee of the slot
19 machine licensee or $1,000 for a business occupational license
20 for nonemployees of the licensee providing goods or services
21 to the slot machine licensee. License fees for general
22 occupational licensees shall be paid for by the slot machine
23 licensee. Failure to pay the required fee shall be grounds for
24 disciplinary action by the division against the slot machine
25 licensee but shall not be considered a violation of this
26 chapter or rules of the division by the general occupational
27 licensee or a prohibition against the initial issuance or the
28 renewal of the general occupational license.
29 (5) If the state gaming commission or other similar
30 regulatory authority of another state or jurisdiction extends
31
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1 to the division reciprocal courtesy to maintain disciplinary
2 control, the division may:
3 (a) Deny an application for or revoke, suspend, or
4 place conditions or restrictions on a license of a person or
5 entity who has been refused a license by any other state
6 gaming commission or similar authority; or
7 (b) Deny an application for or suspend or place
8 conditions on a license of any person or entity who is under
9 suspension or has unpaid fines in another jurisdiction.
10 (6)(a) The division may deny, suspend, revoke, or
11 declare ineligible any occupational license if the applicant
12 for or holder thereof has violated the provisions of this
13 chapter or the rules of the division governing the conduct of
14 persons connected with slot machine gaming. In addition, the
15 division may deny, suspend, revoke, or declare ineligible any
16 occupational license if the applicant for such license has
17 been convicted in this state, in any other state, or under the
18 laws of the United States of a capital felony, a felony, or an
19 offense in any other state which would be a felony under the
20 laws of this state involving arson; trafficking in, conspiracy
21 to traffic in, smuggling, importing, conspiracy to smuggle or
22 import, or delivery, sale, or distribution of a controlled
23 substance; or a crime involving a lack of good moral
24 character, or has had a slot machine gaming license revoked by
25 this state or any other jurisdiction for an offense related to
26 slot machine gaming.
27 (b) The division may deny, declare ineligible, or
28 revoke any occupational license if the applicant for such
29 license or the licensee has been convicted of a felony or
30 misdemeanor in this state, in any other state, or under the
31 laws of the United States, if such felony or misdemeanor is
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1 related to gambling or bookmaking as contemplated in s.
2 849.25.
3 (7) Fingerprints for all slot machine occupational
4 license applications shall be taken in a manner approved by
5 the division and shall be submitted to the Department of Law
6 Enforcement and the Federal Bureau of Investigation for a
7 level II criminal records check upon initial application and
8 every 5 years thereafter. The division may by rule require an
9 annual or less frequent records check not to exceed every 5
10 years of all renewal applications for a slot machine
11 occupational license. The cost of processing fingerprints and
12 conducting a records check shall be borne by the applicant.
13 (8) All moneys collected pursuant to this section
14 shall be deposited into the Pari-mutuel Wagering Trust Fund.
15 551.108 Prohibited relationships.--
16 (1) A person employed by or performing any function on
17 behalf of the division shall not:
18 (a) Be an officer, director, owner, or employee of any
19 person or entity licensed by the division.
20 (b) Have or hold any interest, direct or indirect, in
21 or engage in any commerce or business relationship with any
22 person licensed by the division.
23 (2) A manufacturer or distributor of slot machines
24 shall not enter into any contract with a slot machine licensee
25 which provides for any revenue sharing of any kind or nature
26 which is, directly or indirectly, calculated on the basis of a
27 percentage of slot machine revenues. Any maneuver, shift, or
28 device whereby this provision is violated shall be a violation
29 of this chapter and shall render any such agreement void.
30 (3) A manufacturer or distributor of slot machines or
31 any equipment necessary for the operation of slot machines or
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1 an officer, director, or employee of any such manufacturer or
2 distributor shall not have any ownership or financial interest
3 in a slot machine license or in any business owned by the slot
4 machine licensee.
5 551.109 Prohibited acts.--
6 (1) Except as otherwise provided by law and in
7 addition to any other penalty, any person who intentionally
8 makes or causes to be made or aids, assists, or procures
9 another to make a false statement in any report, disclosure,
10 application, or any other document required under this chapter
11 or any rule adopted under this chapter is subject to an
12 administrative fine or civil penalty of up to $10,000.
13 (2) Except as otherwise provided by law and in
14 addition to any other penalty, any person who possesses a slot
15 machine without the license required by this chapter or who
16 possesses a slot machine at any location other than at the
17 slot machine licensee facility is subject to an administrative
18 fine or civil penalty of up to $10,000.
19 (3) Except as otherwise provided by law and in
20 addition to any other penalty, any person who intentionally
21 excludes, or takes any action in an attempt to exclude,
22 anything or its value from the deposit, counting, collection,
23 or computation of revenues from slot machine activity is
24 subject to an administrative fine or civil penalty of up to
25 $25,000.
26 (4) Any person who, with intent to manipulate the
27 outcome, payoff, or operation of a slot machine by physical
28 tampering, or by use of any object, instrument, or device,
29 whether mechanical, electrical, magnetic, or involving other
30 means, manipulates the outcome, payoff, or operation of a slot
31
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1 machine commits a felony of the third degree, punishable as
2 provided in s. 775.082, s. 775.083, or s. 775.084.
3 (5) All penalties imposed and collected must be
4 deposited into the Pari-mutuel Wagering Trust Fund in the
5 department.
6 551.110 Illegal devices.--Notwithstanding any
7 provision of law to the contrary, no slot machine
8 manufactured, sold, distributed, possessed, or operated
9 according to the provisions of this chapter shall be
10 considered unlawful.
11 551.111 Exclusions of certain persons.--
12 (1) In addition to the power to exclude certain
13 persons from any facility of a slot machine licensee in this
14 state, the division may exclude any person from any facility
15 of a slot machine licensee in this state for conduct that
16 would constitute, if the person were a licensee, a violation
17 of this chapter or the rules of the division. The division may
18 exclude from any facility of a slot machine licensee any
19 person who has been ejected from a facility of a slot machine
20 licensee in this state or who has been excluded from any
21 facility of a slot machine licensee or gaming facility in
22 another state by the governmental department, agency,
23 commission, or authority exercising regulatory jurisdiction
24 over the gaming in such other state.
25 (2) This section shall not be construed to abrogate
26 the common law right of a slot machine licensee to exclude a
27 patron absolutely in this state.
28 (3) The division may authorize any person who has been
29 ejected or excluded from a facility of a slot machine licensee
30 in this state or another state to attend a facility of a slot
31 machine licensee in this state upon a finding that the
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1 attendance of such person at a facility of a slot machine
2 licensee would not be adverse to the public interest or to the
3 integrity of the industry; however, this section shall not be
4 construed to abrogate the common law right of a slot machine
5 licensee to exclude a patron absolutely in this state.
6 551.112 Minors prohibited from playing slot
7 machines.--
8 (1) A slot machine licensee or agent or employee of a
9 slot machine licensee shall not:
10 (a) Allow a person who has not attained 21 years of
11 age to play any slot machine.
12 (b) Allow a person who has not attained 21 years of
13 age access to the designated slot machine gaming area of a
14 facility of a slot machine licensee.
15 (c) Allow a person who has not attained 21 years of
16 age to be employed in any position allowing or requiring
17 access to the designated slot machine gaming area of a
18 facility of a slot machine licensee.
19 (2) No person licensed under this chapter, or any
20 agent or employee of a licensee under this chapter, shall
21 intentionally allow a person who has not attained 21 years of
22 age to play or operate a slot machine or have access to the
23 designated slot machine area of a facility of a slot machine
24 licensee.
25 (3) The eligible facility shall post clear and
26 conspicuous signage within the designated slot machine gaming
27 areas that states the following:
28 THE PLAYING OF SLOT MACHINES BY PERSONS
29 UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW
30 (SECTION 551.112, FLORIDA STATUTES).
31 PROOF OF AGE MAY BE REQUIRED AT ANYTIME
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1 A PERSON IS WITHIN THIS AREA.
2 551.113 Designated slot machine gaming areas.--
3 (1) A slot machine licensee may make available for
4 play slot machines within its designated slot machine gaming
5 areas.
6 (2) A slot machine licensee shall not allow any
7 automated teller machine or similar device designed to provide
8 credit or dispense cash to be located on the property of the
9 facilities of the slot machine licensee.
10 (3) A slot machine licensee shall not make any loan or
11 provide credit or advance cash to enable a person to play a
12 slot machine.
13 (4) The slot machine operator shall display
14 pari-mutuel races or games within the designated slot machine
15 gaming areas and offer within the designated slot machine
16 gaming areas the ability for patrons to engage in pari-mutuel
17 wagering on live and simulcast races conducted or offered to
18 patrons of the eligible facility.
19 (5) No complimentary alcoholic beverages shall be
20 served to patrons within the designated slot machine gaming
21 areas.
22 (6) The slot machine operator shall offer training to
23 employees on responsible gaming and shall work with the
24 compulsive gambling treatment program within the Mental Health
25 Program Office of the Department of Children and Family
26 Services to recognize problem gaming situations and to
27 implement responsible gaming programs and practices.
28 (7) The division shall require the posting of signs in
29 the designated slot machine gaming areas warning of the risks
30 and dangers of gambling, showing the odds of winning, and
31 informing patrons of the toll-free telephone number available
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1 to provide information and referral services regarding
2 compulsive or problem gambling.
3 (8) The division shall establish standards of approval
4 for the physical layout and construction of any facility or
5 building devoted to slot machine operations. The standards
6 shall require that the slot machine gaming area be connected
7 to and contiguous within the operation of the live gaming
8 facility. It is the intent of the Legislature that each
9 facility:
10 (a) Possess superior consumer amenities and
11 conveniences to encourage and attract the patronage of
12 tourists and other visitors from across the region, state, and
13 nation.
14 (b) Have adequate motor vehicle parking facilities to
15 satisfy patron requirements.
16 (c) Have a physical layout and location that
17 facilitates access to the pari-mutuel portion of the facility.
18 551.114 Days and hours of operation.--Slot machine
19 gaming areas may be open 365 days a year. The slot machine
20 gaming areas may be open for a maximum of 16 hours per day.
21 551.116 Penalties.--The division may revoke or suspend
22 any license issued under this chapter upon the willful
23 violation by the licensee of any provision of this chapter or
24 of any rule adopted under this chapter. In lieu of suspending
25 or revoking a license, the division may impose a civil penalty
26 against the licensee for a violation of this chapter or any
27 rule adopted by the division. Except as otherwise provided in
28 this chapter, the penalty so imposed may not exceed $1,000 for
29 each count or separate offense. All penalties imposed and
30 collected must be deposited into the Pari-mutuel Wagering
31 Trust Fund in the department.
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1 551.117 Compulsive gambling program.--The division may
2 contract for provision of services related to the prevention
3 and treatment of compulsive and addictive gambling. The terms
4 of any contract for the provision of such services shall
5 include accountability standards that must be met by any
6 private provider. The failure of any private provider to meet
7 any material terms of the contract, including the
8 accountability standards, shall constitute a breach of
9 contract or grounds for nonrenewal. The division may consult
10 with the Department of the Lottery in the development of the
11 program and the development and analysis of any procurement
12 for contractual services for its compulsive or addictive
13 gambling prevention and treatment program. The compulsive or
14 addictive gambling prevention and treatment program shall be
15 funded from the annual nonrefundable regulatory fee provided
16 for in this section. The licensee must pay to the division an
17 annual nonrefundable regulatory fee of $100 per slot machine,
18 on July 1, of each year, which shall be deposited into the
19 Pari-mutuel Wagering Trust Fund.
20 551.118 Catering license.--A slot machine retailer is
21 entitled to a caterer's license pursuant to s. 565.02 on days
22 in which the pari-mutuel facility is open to the public for
23 slot machine game play as authorized by this chapter.
24 551.119 Rulemaking.--
25 (1) The division may adopt rules pursuant to ss.
26 120.536(1) and 120.54 to implement the provisions of this
27 chapter.
28 (2) In order to expedite the licensing requirements of
29 this chapter, the division may adopt emergency rules pursuant
30 to s. 120.54(4). The Legislature finds that such emergency
31 rules are necessary for the preservation of the rights and
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1 welfare of the people in order to provide additional funds to
2 the benefit of the public. Therefore, in adopting such
3 emergency rules, the division need not make the findings
4 required by s. 120.54(4)(a).
5 551.120 Conduct of referendum election for slot
6 machines.--
7 (1) Any person who possesses the qualifications
8 prescribed by s. 23, Art. X of the State Constitution may
9 apply to the division for a license to conduct slot machine
10 operations under this chapter. Applications for a license to
11 conduct slot machine operations shall be subject to the
12 provisions of this chapter. Such license does not authorize
13 any operation of slot machines until approved by the majority
14 of electors participating in a referendum election in the
15 county in which the applicant proposes to conduct slot machine
16 activities.
17 (2) Each referendum held under the provisions of this
18 section shall be held in accordance with the provisions of
19 chapters 97-106, except as otherwise provided in this chapter.
20 A referendum may be held for more than one licensee for slot
21 machine operation in a given county if the written
22 applications for each such licensee under s. 551.121 are filed
23 simultaneously or are otherwise filed within the times
24 specified by said provision to allow the conduct of a single
25 referendum. The expense of such referendum shall be borne by
26 the licensee or licensees requesting the referendum. For
27 purposes of this section, the expense of conducting a
28 referendum is the incremental expense in excess of routine
29 operating expenses that are incurred by the governing body,
30 the supervisor of elections, and other essential governmental
31 entities in conducting the election. If the referendum is
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1 being held at the request of more than one licensee, each
2 applicant shall be responsible for an equal share of the
3 expense.
4 551.121 Elections for ratification of slot machine
5 licenses.--
6 (1) The holder of any license to conduct slot machine
7 operations may have the question of whether that slot machine
8 license will be ratified or rejected submitted to the electors
9 of the county designated in s. 23, Art. X of the State
10 Constitution. Such question shall be submitted to the electors
11 for approval or rejection at a special, primary, or general
12 election. The licensee shall present a written application to
13 the governing body of the county that requests a referendum
14 election in that county pursuant to s. 551.120 and this
15 section, accompanied by a certified copy of the license
16 granted by the division. Within 30 days after receipt of the
17 application and license, the governing body shall order a
18 special referendum election. The election shall be scheduled
19 for no sooner than 21 days nor more than 90 days from the date
20 on which it is ordered. Provided, the referendum election will
21 be held in conjunction with the primary election if the
22 application is received within not more than 90 nor less than
23 60 days of such election or in conjunction with the general
24 election if the application is received not more than 90 nor
25 less than 60 days prior to that election. The governing body
26 shall give notice of the referendum election by publishing
27 notice once each week for 2 consecutive weeks in one or more
28 newspapers of general circulation in the county.
29 (2)(a) Once the slot machine license has been issued,
30 the licensee shall have a period of 2 years in which to
31 request a referendum election pursuant to this section or such
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1 license shall become void and shall be cancelled. If the
2 majority of the electors voting on the question of
3 ratification or rejection of the slot machine licenses vote
4 for such ratification, such license shall become effective
5 immediately, and the holder of the license may conduct slot
6 machine operations upon complying with the other provision of
7 this chapter. If the majority of electors voting on the
8 question of ratification or rejection of any slot machine
9 licenses ratify the license, such license shall become
10 effective, and the licensee shall pay to the division within
11 10 days the license fee set out in this chapter.
12 (b) If the majority of electors voting on the question
13 of ratification or rejection of any slot machine licenses
14 reject the ratification of the license, such license shall
15 become void. The governing board of the county shall
16 immediately certify the results of the election to the
17 division.
18 Section 3. (1) Sixty-four full-time equivalent
19 positions are authorized and the sums of $4,792,259 in
20 recurring and $4,036,486 in nonrecurring funds are hereby
21 appropriated from the Pari-mutuel Wagering Trust Fund in the
22 Department of Business and Professional Regulation for the
23 purpose of carrying out all regulatory activities provided
24 herein. The Executive Office of the Governor shall place
25 these funds and positions in reserve until such time as the
26 Department of Business and Professional Regulation submits an
27 expenditure plan for approval to the Executive Office of the
28 Governor, and the chair and vice chair of the Legislative
29 Budget Commission in accordance with the provisions of section
30 216.177, Florida Statutes.
31
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1 (2) The sums of $2,634,349 in recurring and $1,814,916
2 in nonrecurring funds are hereby appropriated from the
3 Pari-mutuel Wagering Trust Fund in the Department of Business
4 and Professional Regulation for transfer to the Department of
5 Law Enforcement for the purpose of investigations,
6 intelligence gathering, background investigations, and any
7 other responsibilities as provided for herein. Fifty-seven
8 full-time equivalent positions are authorized and the sums of
9 $2,634,349 in recurring and $1,814,916 in nonrecurring funds
10 are hereby appropriated from the Operating Trust Fund in the
11 Department of Law Enforcement for the purpose of
12 investigations, intelligence gathering, background
13 investigations, an any other responsibilities as provided for
14 herein. The Executive Office of the Governor shall place
15 these funds and positions in reserve until such time as the
16 Department of Law Enforcement submits an expenditure plan for
17 approval to the Executive Office of the Governor and the chair
18 and vice chair of the Legislative Budget Commission in
19 accordance with the provisions of section 216.177, Florida
20 Statutes.
21 (3) The sums of $608,118 in recurring and $24,498 in
22 nonrecurring funds are hereby appropriated from the
23 Pari-mutuel Wagering Trust Fund in the Department of Business
24 and Professional Regulation for transfer to the Office of the
25 State Attorney, 17th Judicial Circuit, for the purpose of
26 prosecution of offenses associated with gaming operations.
27 Ten full-time equivalent positions are authorized and the sums
28 of $608,118 in recurring and $24,498 in nonrecurring funds are
29 hereby appropriated from the Grants and Donations Trust Fund
30 in the Office of the State Attorney, 17th Judicial Circuit,
31 for the purpose of prosecution of offenses associated with
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1 gaming operations. The Executive Office of the Governor shall
2 place these funds and positions in reserve until such time as
3 the Office of the State Attorney, 17th Judicial Circuit,
4 submits an expenditure plan for approval to the Executive
5 Office of the Governor and the chair and vice chair of the
6 Legislative Budget Commission in accordance with the
7 provisions of section 216.177, Florida Statutes.
8 (4) The sum of $1 million is hereby appropriated from
9 the Pari-mutuel Wagering Trust Fund from revenues received
10 pursuant to section 551.117, Florida Statutes, in the
11 Department of Business and Professional Regulation for
12 contract services related to the prevention and treatment of
13 compulsive and addictive gambling.
14 Section 4. Except as otherwise expressly provided in
15 this act, this act shall take effect upon becoming a law.
16
17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 CS/CS Senate Bill 1174
19
20 The initial, one-time licensing fee for slot facilities is
increased from $1 million to $4 million to pay for the
21 regulatory costs of the Department of Business and
Professional Regulation (DBPR), Florida Department of Law
22 Enforcement (FDLE), and the 17th Circuit State Attorney's
Office.
23
DBPR is required to contract for a compulsive gambling
24 prevention and treatment program. A fee of $100 per slot
machine is assessed to fund the program.
25
Appropriations and new positions are provided for DBPR, FDLE,
26 and the 17th Circuit State Attorney's Office to meet the
workload requirements of this bill. The funds must be held in
27 reserve and released on the recommendation of the Governor and
the approval of the Legislative Budget Commission pursuant to
28 s. 216.177, Florida Statutes. Funds are also appropriated for
the compulsive gambling prevention and treatment program.
29
A condition of licensure as a slot facility is changed from a
30 requirement that the facility conduct as many live races or
games as in 2002 or 2003 to a requirement that the facility
31 conduct a full schedule of live races or games, as defined in
550.002(11).
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