| 1 | A bill to be entitled |
| 2 | An act relating to slot machine gaming; creating the Keep |
| 3 | the Promise Act of 2005 to implement s. 23, Art. X of the |
| 4 | State Constitution; providing for administration and |
| 5 | regulation by the Division of Slot Machines of the |
| 6 | Department of Business and Professional Regulation; |
| 7 | amending s. 20.165, F.S.; establishing a Division of Slot |
| 8 | Machines in the Department of Business and Professional |
| 9 | Regulation; creating chapter 551, F.S.; implementing s. |
| 10 | 23, Art. X of the State Constitution; authorizing slot |
| 11 | machines and slot machine gaming within certain pari- |
| 12 | mutuel facilities located in Miami-Dade and Broward |
| 13 | Counties upon approval by local referendum; providing for |
| 14 | administration and regulation by the Division of Slot |
| 15 | Machines of the Department of Business and Professional |
| 16 | Regulation; providing definitions; providing powers and |
| 17 | duties of the division; directing the division to adopt |
| 18 | rules necessary to implement, administer, and regulate |
| 19 | slot machine gaming; requiring such rules to include |
| 20 | application procedures, certain technical requirements, |
| 21 | procedures relating to revenue, certain regulation and |
| 22 | management and auditing procedures, certain bond |
| 23 | requirements, and requirements for record maintenance, |
| 24 | payouts, and data collection and reporting; providing for |
| 25 | investigations by the division; providing for |
| 26 | investigation of violations in conjunction with other |
| 27 | agencies; providing specified law enforcement powers to |
| 28 | the division; providing for access to slot machine |
| 29 | licensee facilities by the division; authorizing the |
| 30 | division to make certain inspections and examinations, |
| 31 | collect certain moneys, and deny, revoke, suspend, or |
| 32 | place conditions on the license under certain |
| 33 | circumstances; providing for suspension or revocation of |
| 34 | the license of an unqualified applicant or licensee; |
| 35 | providing for licensure to conduct slot machine gaming; |
| 36 | providing for application for licensure; providing |
| 37 | conditions for conducting slot machine gaming; providing |
| 38 | requirements for receiving and maintaining a license which |
| 39 | include compliance with slot machine regulations and |
| 40 | regulations relating to pari-mutuel wagering, maintaining |
| 41 | the pari-mutuel permit and license, conducting a certain |
| 42 | number of live races or games, allowing access to the |
| 43 | division, and submission of certain plans; prohibiting |
| 44 | transfer of a license; providing a limit on the number of |
| 45 | slot machines at a facility; providing for annual renewal |
| 46 | of the license; providing for a renewal application and |
| 47 | procedures for approval; requiring the slot machine |
| 48 | licensee pay to the division an annual license fee; |
| 49 | providing for deposit of the fee into the Slot Machine |
| 50 | Administrative Trust Fund for certain purposes; requiring |
| 51 | the division to evaluate the license fee and make |
| 52 | recommendations to the Legislature; requiring the slot |
| 53 | machine licensee pay an annual tax on each machine; |
| 54 | providing for deposit of the tax into the Educational |
| 55 | Enhancement Trust Fund to be distributed to the school |
| 56 | district where the facility is located for certain |
| 57 | purposes; directing the Department of Education to conduct |
| 58 | an audit and return amounts in excess of certain costs to |
| 59 | the licensee; providing a tax on slot machine revenues; |
| 60 | providing payment procedures; providing penalties for |
| 61 | failure to make payments; providing for submission of |
| 62 | funds by electronic funds transfer; providing for general, |
| 63 | professional, and business occupational licenses; |
| 64 | prohibiting transfer of such licenses; prohibiting a slot |
| 65 | machine licensee from employing or doing business with |
| 66 | persons or businesses unless such person or business is |
| 67 | properly licensed; providing for application forms, fees, |
| 68 | and procedures; authorizing the division to adopt rules |
| 69 | relating to applications, licensure, and renewal of |
| 70 | licensure and fees therefor; requiring payment of initial |
| 71 | application and renewal fees; requiring slot machine |
| 72 | licensee to pay licensure fees of general occupational |
| 73 | licensees; providing for reciprocal disciplinary actions |
| 74 | with other jurisdictions; providing for disciplinary |
| 75 | actions against a licensee for certain violations of |
| 76 | regulations or laws; requiring fingerprints and criminal |
| 77 | records checks of applicants or licensees; requiring |
| 78 | certain costs of the records check be borne by the |
| 79 | applicant or licensee; providing for distribution of funds |
| 80 | into the Slot Machine Administrative Trust Fund; |
| 81 | prohibiting certain relationships between employees of the |
| 82 | division or board and licensees of the division; |
| 83 | prohibiting certain relationships between business |
| 84 | occupational licensees and slot machine licensees; |
| 85 | prohibiting certain financial interests in slot machine |
| 86 | licensees by certain manufacturers or distributors; |
| 87 | prohibiting certain actions relating to required reports, |
| 88 | applications, and accounting; prohibiting possession of |
| 89 | slot machine by unlicensed person; prohibiting |
| 90 | manipulation of a slot machine; providing penalties; |
| 91 | providing for distribution of funds into the Slot Machine |
| 92 | Administrative Trust Fund; authorizing manufacture, sale, |
| 93 | distribution, possession, and operation of slot machines |
| 94 | under certain circumstances; authorizing the division to |
| 95 | exclude any person from licensed facilities under certain |
| 96 | circumstances; requiring certain signage in designated |
| 97 | gaming areas; requiring certain equipment or facilities |
| 98 | relating to races or games within the gaming area; |
| 99 | prohibiting a licensee and employees and agents of the |
| 100 | licensee from allowing a person under a certain age to |
| 101 | operate slot machines or to have access to the gaming |
| 102 | area; prohibiting loans or credit or automatic dispensing |
| 103 | of cash within the facility to play slot machines; |
| 104 | prohibiting slot machines that accept cash to operate; |
| 105 | prohibiting slot machines designed to display certain |
| 106 | false enticements or give a player certain false |
| 107 | impressions; providing for the hours of operation of slot |
| 108 | machines; providing penalties for certain violations by a |
| 109 | licensee; providing for deposit of fines collected; |
| 110 | authorizing the division to suspend or revoke the license |
| 111 | of a slot machine licensee for maintaining a nuisance |
| 112 | under certain circumstances; providing for application of |
| 113 | penalties to licensee not meeting reporting obligations |
| 114 | with the board; creating the State Slot Machine Gaming |
| 115 | Board within the division; providing that the board is not |
| 116 | a state entity; providing for public meetings and records |
| 117 | of the board; providing for offices and personnel of the |
| 118 | board; providing for expenditures of state funds derived |
| 119 | from regulatory fees; providing for administrative support |
| 120 | for the board from the division; providing purpose of the |
| 121 | board; providing for organization, membership, and |
| 122 | meetings of the board; prohibiting certain interests in |
| 123 | any slot machine licensee or the gambling industry by |
| 124 | members of the board; providing penalties; providing for |
| 125 | reimbursement of certain expenses of board members; |
| 126 | providing powers and duties of the board; directing the |
| 127 | board to make certain performance evaluations and reports; |
| 128 | directing the division to adopt certain performance rules |
| 129 | governing activities of slot machine licensees; requiring |
| 130 | review of proposed performance rules for response by the |
| 131 | board prior to adoption; providing conditions for the |
| 132 | division to deny renewal of slot machine license; |
| 133 | directing the division to adopt certain qualification |
| 134 | performance rules; providing for review by the board to |
| 135 | determine certain effects of slot machine gaming; |
| 136 | directing the division to adopt certain performance |
| 137 | expectation rules to include a requirement that the slot |
| 138 | machine licensee annually report to the board certain |
| 139 | information for a determination of the net result of the |
| 140 | slot machine licensee's slot machine operations; requiring |
| 141 | the reports to include summaries of certain information |
| 142 | from local law enforcement agencies, social services |
| 143 | agencies, clerks of court, the Department of Highway |
| 144 | Safety and Motor Vehicles, and local emergency management |
| 145 | agencies and a summary of lobbying activities conducted by |
| 146 | or on behalf of the slot machine licensee; requiring |
| 147 | review of proposed performance expectation rules for |
| 148 | response by the board prior to adoption; requiring the |
| 149 | performance rules to require the slot machine licensee to |
| 150 | provide information to the board on an annual basis; |
| 151 | requiring the board to submit an annual report to the |
| 152 | Governor and the Legislature; providing for content of the |
| 153 | report; directing the Office of Program Policy Analysis |
| 154 | and Government Accountability to conduct a performance |
| 155 | audit of the board and the division by a certain date; |
| 156 | providing for items to be addressed by the audit; |
| 157 | providing for an update of the report to include a |
| 158 | referendum recommendation to the Legislature concerning |
| 159 | repeal of the authority to operate slot machines; |
| 160 | requiring the chief law enforcement officer of certain |
| 161 | counties and municipalities to annually execute and |
| 162 | transmit to the board an affidavit relating to certain |
| 163 | funding; providing purpose of the affidavit; requiring the |
| 164 | governing body of certain counties and municipalities to |
| 165 | annually adopt and transmit to the board a resolution |
| 166 | relating to the operations of slot machine gaming; |
| 167 | authorizing other governing bodies to transmit such a |
| 168 | resolution to the board; requiring tourist development |
| 169 | councils to annually adopt and transmit to the board a |
| 170 | resolution relating to the operations of slot machine |
| 171 | gaming; providing for a county or municipality to call a |
| 172 | referendum on the question of slot machines being declared |
| 173 | an undue burden; providing for consideration by the board |
| 174 | of the affidavits, resolutions, and referenda; providing |
| 175 | for the Mental Health Program Office within the Department |
| 176 | of Children and Family Services to establish a compulsive |
| 177 | gambling program in conjunction with the Department of |
| 178 | Education; providing an effective date. |
| 179 |
|
| 180 | Be It Enacted by the Legislature of the State of Florida: |
| 181 |
|
| 182 | Section 1. This act may be cited as the "Keep The Promise |
| 183 | Act of 2005." |
| 184 | Section 2. Subsection (2) of section 20.165, Florida |
| 185 | Statutes, is amended to read: |
| 186 | 20.165 Department of Business and Professional |
| 187 | Regulation.--There is created a Department of Business and |
| 188 | Professional Regulation. |
| 189 | (2) The following divisions of the Department of Business |
| 190 | and Professional Regulation are established: |
| 191 | (a) Division of Administration. |
| 192 | (b) Division of Alcoholic Beverages and Tobacco. |
| 193 | (c) Division of Certified Public Accounting. |
| 194 | 1. The director of the division shall be appointed by the |
| 195 | secretary of the department, subject to approval by a majority |
| 196 | of the Board of Accountancy. |
| 197 | 2. The offices of the division shall be located in |
| 198 | Gainesville. |
| 199 | (d) Division of Florida Land Sales, Condominiums, and |
| 200 | Mobile Homes. |
| 201 | (e) Division of Hotels and Restaurants. |
| 202 | (f) Division of Pari-mutuel Wagering. |
| 203 | (g) Division of Professions. |
| 204 | (h) Division of Real Estate. |
| 205 | 1. The director of the division shall be appointed by the |
| 206 | secretary of the department, subject to approval by a majority |
| 207 | of the Florida Real Estate Commission. |
| 208 | 2. The offices of the division shall be located in |
| 209 | Orlando. |
| 210 | (i) Division of Regulation. |
| 211 | (j) Division of Slot Machines. |
| 212 | (k) Division of Technology, Licensure, and Testing. |
| 213 | Section 3. Chapter 551, Florida Statutes, consisting of |
| 214 | sections 551.101, 551.103, 551.1071, 551.1073, 551.1077, |
| 215 | 551.1079, 551.1091, 551.1111, 551.1113, 551.1115, 551.1119, |
| 216 | 551.121, 551.125, 551.20, 551.25, 551.30, 551.33, 551.34, |
| 217 | 551.341, 551.35, and 551.40, is created to read: |
| 218 | CHAPTER 551 |
| 219 | SLOT MACHINES |
| 220 | 551.101 Slot machine gaming authorized.--Any existing, |
| 221 | licensed pari-mutuel facility located in Miami-Dade County or |
| 222 | Broward County at the time of adoption of s. 23, Art. X of the |
| 223 | State Constitution that has conducted live racing or games |
| 224 | during calendar years 2002 and 2003 may possess slot machines |
| 225 | and conduct slot machine gaming at the location where the pari- |
| 226 | mutuel permitholder is authorized to conduct pari-mutuel |
| 227 | wagering activities pursuant to such permitholder's valid pari- |
| 228 | mutuel permit or as otherwise authorized by law provided a |
| 229 | majority of voters in a countywide referendum have approved the |
| 230 | possession of slot machines at such facility in the respective |
| 231 | county. Notwithstanding any other provision of law, it is not a |
| 232 | crime for a person to participate in slot machine gaming at a |
| 233 | pari-mutuel facility licensed to possess and conduct slot |
| 234 | machine gaming or to participate in slot machine gaming |
| 235 | described in this chapter. |
| 236 | 551.103 Definitions.--As used in this chapter, unless the |
| 237 | context clearly requires otherwise, the term: |
| 238 | (1) "Board" means the State Slot Machine Gaming Board. |
| 239 | (2) "Department" means the Department of Business and |
| 240 | Professional Regulation. |
| 241 | (3) "Designated slot machine gaming area" means the area |
| 242 | of a facility of a slot machine licensee in which slot machine |
| 243 | gaming may be conducted in accordance with the provisions of |
| 244 | this chapter. |
| 245 | (4) "Division" means the Division of Slot Machines of the |
| 246 | Department of Business and Professional Regulation. |
| 247 | (5) "Slot machine" means a gaming device, whether or not |
| 248 | mechanical, electronic, computerized, or other technological |
| 249 | aids are used, that offers wagering on the game of bingo as |
| 250 | defined in s. 849.0931, is owned by the slot machine licensee, |
| 251 | and is capable of being linked to a centralized computer |
| 252 | management system for regulating, managing, and auditing the |
| 253 | operation, financial data, and program information, as required |
| 254 | by the division. |
| 255 | (6) "Mechanical, electronic, computerized, or other |
| 256 | technological aids" means any machine or device that assists a |
| 257 | player or the playing of a bingo game as defined in s. 849.0931 |
| 258 | and broadens participation by allowing multiple players at one |
| 259 | slot machine facility to play with or against each other in a |
| 260 | bingo game for a common prize or prizes. Such aids may use |
| 261 | alternative displays, including, but not limited to, a |
| 262 | simulation of spinning reels, to illustrate aspects of the game |
| 263 | of bingo such as when a player joins the game or when prizes |
| 264 | have been awarded, as long as such aid continuously and |
| 265 | prominently displays the electronic bingo card so that it is |
| 266 | apparent that the player is actually engaged in the play of |
| 267 | bingo. Such aids shall not: |
| 268 | (a) Determine or change the outcome of any game of bingo; |
| 269 | (b) Be an electronic or electromechanical facsimile that |
| 270 | replicates a game of bingo; or |
| 271 | (c) Allow players to play with or against the machine or |
| 272 | house for a prize. |
| 273 | (7) "Electronic or electromechanical facsimile" means a |
| 274 | game played in an electronic or electromechanical format that |
| 275 | replicates a game of chance by incorporating all of the |
| 276 | characteristics of the game, except when, for bingo, the |
| 277 | electronic or electromechanical format broadens participation by |
| 278 | allowing multiple players to play with or against each other |
| 279 | rather than with or against a machine. |
| 280 | (8) "Slot machine licensee" means a pari-mutuel |
| 281 | permitholder who holds a license issued by the division pursuant |
| 282 | to this chapter which authorizes such person to possess a slot |
| 283 | machine within facilities specified in s. 23, Art. X of the |
| 284 | State Constitution and allows slot machine gaming. |
| 285 | (9) "Slot machine revenues" means the total of all cash |
| 286 | and property received by the slot machine licensee from slot |
| 287 | machine gaming operations less the amount of cash, cash |
| 288 | equivalents, credits, and prizes paid to winners of slot machine |
| 289 | gaming. |
| 290 | 551.1071 Powers and duties.-- |
| 291 | (1) The division shall adopt, pursuant to the provisions |
| 292 | of ss. 120.536 and 120.54, all rules necessary to implement, |
| 293 | administer, and regulate slot machine gaming as authorized in |
| 294 | this chapter. Such rules shall include: |
| 295 | (a) Procedures for applying for a license and renewal of a |
| 296 | license. |
| 297 | (b) Establishing technical requirements in addition to the |
| 298 | qualifications which shall be necessary to receive a slot |
| 299 | machine license or slot machine occupational license. |
| 300 | (c) Procedures relating to slot machine revenues, |
| 301 | including verifying and accounting for such revenues, auditing, |
| 302 | and collecting taxes and fees consistent with this chapter. |
| 303 | (d) Procedures for regulating, managing, and auditing the |
| 304 | operation, financial data, and program information relating to |
| 305 | slot machines through a centralized computer management system. |
| 306 | (e) Requiring each licensee at his or her own cost and |
| 307 | expense to supply the division with a bond with the penal sum of |
| 308 | $2 million payable to the Governor and his or her successors in |
| 309 | office for the licensee's first year of slot machine operations; |
| 310 | and, thereafter, the licensee shall file a bond with the penal |
| 311 | sum as determined by the division pursuant to rules promulgated |
| 312 | to approximate anticipated state revenues from the licensee's |
| 313 | slot machine operations. Any bond shall be issued by a surety or |
| 314 | sureties to be approved by the division and the Chief Financial |
| 315 | Officer, conditioned to faithfully make the payments to the |
| 316 | Chief Financial Officer in his or her capacity as treasurer of |
| 317 | the division. The licensee shall be required to keep its books |
| 318 | and records and make reports as provided in this chapter and to |
| 319 | conduct its slot machine operations in conformity with this |
| 320 | chapter and all other provisions of law. The division may review |
| 321 | the bond for adequacy and require adjustments each fiscal year. |
| 322 | Such bond shall be separate and distinct from the bond required |
| 323 | in s. 550.125. |
| 324 | (f) Requiring licensees to maintain specified records and |
| 325 | submit any data, information, record, or report, including |
| 326 | financial and income records, required by this chapter or |
| 327 | determined by the division to be necessary to the proper |
| 328 | implementation and enforcement of this chapter. |
| 329 | (g) Requiring that the payout percentage of a slot machine |
| 330 | shall be no less than 93 percent per facility. |
| 331 | (h) For the purpose of enforcement of paragraphs (c), (d), |
| 332 | (f), and (g), the division shall require every authorized slot |
| 333 | machine in use at a licensed premise to be equipped with an |
| 334 | electronic data collection and reporting system that is capable |
| 335 | of reporting on a real-time basis to the division, or any other |
| 336 | state agency so designated, the record of each play, the amount |
| 337 | of money of each play, and all payouts made therefrom for the |
| 338 | purposes of accurate reporting of all taxes which may be due to |
| 339 | the state and for such other purposes as the division may |
| 340 | designate. |
| 341 | (2) The division shall conduct such investigations that |
| 342 | the division determines necessary to fulfill its |
| 343 | responsibilities under the provisions of this chapter. |
| 344 | (3) The division shall investigate all criminal violations |
| 345 | of this chapter or any other criminal violation of law occurring |
| 346 | on the facilities of a slot machine licensee and such |
| 347 | investigations may be conducted in conjunction with the |
| 348 | appropriate state attorney and appropriate law enforcement |
| 349 | agencies. The division and its employees and agents shall have |
| 350 | such other law enforcement powers as specified in ss. 943.04 and |
| 351 | 943.10. |
| 352 | (4) The division shall have unrestricted access to the |
| 353 | slot machine licensee facility at all times and shall require of |
| 354 | each slot machine licensee strict compliance with the laws of |
| 355 | this state relating to the transaction of such business. The |
| 356 | division: |
| 357 | (a) May inspect and examine premises where slot machines |
| 358 | are offered for play. |
| 359 | (b) May inspect slot machines and related equipment and |
| 360 | supplies. |
| 361 | (c) May collect taxes, assessments, fees, and penalties. |
| 362 | (d) May deny, revoke, suspend, or place conditions on the |
| 363 | license of a person who violates any provision of this chapter |
| 364 | or rule adopted pursuant thereto. |
| 365 | (5) The division shall revoke or suspend the license of |
| 366 | any person who is no longer qualified or who is found, after |
| 367 | receiving a license, to have been unqualified at the time of |
| 368 | application for the license. |
| 369 | 551.1073 License to conduct slot machine gaming.-- |
| 370 | (1) Upon application and a finding by the division after |
| 371 | investigation that the application is complete and the applicant |
| 372 | is qualified, and payment of the initial license fee the |
| 373 | division shall issue a license to conduct slot machine gaming in |
| 374 | the designated slot machine gaming area of the slot machine |
| 375 | licensee's facility. Once licensed, slot machine gaming may be |
| 376 | conducted subject to the requirements of this chapter and rules |
| 377 | adopted pursuant thereto. |
| 378 | (2) An application may be approved by the division only |
| 379 | after the voters of the county where the applicant's facility is |
| 380 | located have authorized by referendum slot machines within pari- |
| 381 | mutuel facilities in that county as specified in s. 23, Art. X |
| 382 | of the State Constitution and upon a showing of proof that the |
| 383 | authority to conduct slot machine gaming has not been rescinded |
| 384 | as a consequence of a subsequent constitutional amendment or |
| 385 | referendum. |
| 386 | (3) A slot machine license may only be issued to a |
| 387 | licensed pari-mutuel permitholder and slot machine gaming may |
| 388 | only be conducted at the same facility at which the permitholder |
| 389 | is authorized under its valid pari-mutuel wagering permit to |
| 390 | conduct pari-mutuel wagering activities. |
| 391 | (4) As a condition of licensure and to maintain continued |
| 392 | authority for the conduct of slot machine gaming the slot |
| 393 | machine licensee shall: |
| 394 | (a) Continue to be in compliance with this chapter. |
| 395 | (b) Continue to be in compliance with chapter 550, where |
| 396 | applicable, and maintain the pari-mutuel permit and license in |
| 397 | good standing pursuant to the provisions of chapter 550. |
| 398 | (c) Conduct no fewer than the greater number of live races |
| 399 | or games that were conducted at that pari-mutuel facility in |
| 400 | calendar year 2002 or calendar year 2003. |
| 401 | (d) Upon approval of any changes relating to the pari- |
| 402 | mutuel permit by the Division of Pari-mutuel Wagering in the |
| 403 | Department of Business and Professional Regulation, be |
| 404 | responsible for providing appropriate current and accurate |
| 405 | documentation on a timely basis to the division in order to |
| 406 | continue the slot machine license in good standing. |
| 407 | (e) Allow unrestricted access and right of inspection by |
| 408 | the division to facilities of a slot machine licensee in which |
| 409 | any activity relative to the conduct of slot machine gaming is |
| 410 | conducted. |
| 411 | (f) Submit to the division an organizational and |
| 412 | operational plan in a form and manner prescribed by the division |
| 413 | for the establishment and operations of its slot machine gaming |
| 414 | activities in this state, which proposed plan shall be submitted |
| 415 | by the division prior to the approval or denial of a slot |
| 416 | machine license to the Governor, the President of the Senate, |
| 417 | and the Speaker of the House of Representatives. |
| 418 | (g) Submit a security plan, including a slot machine floor |
| 419 | plan, location of security cameras, and the listing of security |
| 420 | equipment which shall be capable of observing and electronically |
| 421 | recording activities being conducted in the designated slot |
| 422 | machine gaming area. |
| 423 | (5) A slot machine license shall not be transferable. |
| 424 | (6) A slot machine licensee may make available for play up |
| 425 | to 3,000 slot machines within its designated slot machine gaming |
| 426 | areas. |
| 427 | 551.1077 Slot machine license renewal.-- |
| 428 | (1) Slot machine licenses shall be renewed annually. The |
| 429 | application for renewal shall contain all revisions to the |
| 430 | information submitted in the prior year's application that are |
| 431 | necessary to maintain such information as both accurate and |
| 432 | current. |
| 433 | (2) The applicant for renewal shall attest that any |
| 434 | information changes do not affect the applicant's qualifications |
| 435 | for license renewal. |
| 436 | (3) The applicant shall submit information required by ss. |
| 437 | 551.30(7), (8), and (9) and be in compliance with rules adopted |
| 438 | by the division. |
| 439 | (4) Upon determination by the division that the |
| 440 | application for renewal is complete and qualifications have been |
| 441 | met, including payment of the renewal fee, the slot machine |
| 442 | license shall be renewed annually. |
| 443 | 551.1079 License fee; machine tax; tax rate.-- |
| 444 | (1) LICENSE FEE.-- |
| 445 | (a) Upon approval of the application for a slot machine |
| 446 | license, the licensee must pay to the division an initial |
| 447 | license fee of $2.5 million. The license fee shall be paid |
| 448 | annually upon renewal of the slot machine license and shall be |
| 449 | deposited into the Slot Machine Administrative Trust Fund in the |
| 450 | Department of Business and Professional Regulation for the |
| 451 | regulation of slot machine gaming under this chapter. |
| 452 | (b) Prior to January 1, 2006, the division shall evaluate |
| 453 | the license fee and, in consultation with the board, shall make |
| 454 | recommendations to the President of the Senate and the Speaker |
| 455 | of the House of Representatives. The recommendations shall focus |
| 456 | on the optimum level of slot machine license fees or a |
| 457 | combination of fees in order to properly support the slot |
| 458 | machine regulatory program by the imposition of an annual slot |
| 459 | machine license fee. (2) LOCAL EDUCATION SUPPLEMENTAL SLOT |
| 460 | MACHINE TAX.-- |
| 461 | (a) On January 1 of each year, an annual tax of $1,500 per |
| 462 | machine shall be imposed upon each slot machine approved for use |
| 463 | at any slot machine licensee's facility. The slot machine |
| 464 | licensee shall, on or before March 1 of each year, pay the total |
| 465 | amount of such tax to the division. The division shall deposit |
| 466 | any tax imposed pursuant to this subsection in the Educational |
| 467 | Enhancement Trust Fund on or before July 1 of each year. The |
| 468 | Department of Education shall, on or before August 1 of each |
| 469 | year, forward to the school district where a slot machine |
| 470 | licensee is located any tax revenues collected from such slot |
| 471 | machine licensee pursuant to this subsection. The school |
| 472 | district shall use such revenues to pay additional: |
| 473 | 1. Supplemental public education instruction expenses; |
| 474 | 2. Classroom and school facilities construction expenses; |
| 475 | 3. School safety expenses; or |
| 476 | 4. Educational infrastructure expenses. |
| 477 |
|
| 478 | All expenses under this paragraph must have been incurred as a |
| 479 | direct result of the slot machine licensee's operation of slot |
| 480 | machines in the school district during the immediately preceding |
| 481 | school year. |
| 482 | (b) On or before June 30 of each year following a school |
| 483 | district's receipt of tax revenues, the Department of Education |
| 484 | shall conduct an independent audit for purposes of confirming |
| 485 | the amount of any additional expenses to the school district |
| 486 | that are directly attributable to such district as a direct |
| 487 | result of the slot machine licensee's operations of slot |
| 488 | machines in the school district during the immediately preceding |
| 489 | school year. The amount of the tax revenues received from a slot |
| 490 | machine licensee pursuant to this section in excess of the |
| 491 | amount of any such additional direct expenses, as determined by |
| 492 | the Department of Education audit, shall be returned to the slot |
| 493 | machine licensee within 90 days after the audit becomes final. |
| 494 | (3) TAX ON REVENUES.-- |
| 495 | (a) The tax rate shall be a percent of the slot machine |
| 496 | revenues based on the number of machines authorized by the |
| 497 | division to be operated by the slot machine licensee. |
| 498 | 1. A tax of 35 percent of slot machine revenues shall |
| 499 | apply when up to and including 1,000 slot machines have been |
| 500 | approved. |
| 501 | 2. A tax of 40 percent of slot machine revenues shall |
| 502 | apply when 1,001 to 2,000, inclusive, slot machines have been |
| 503 | approved. |
| 504 | 3. A tax of 45 percent of slot machine revenues shall |
| 505 | apply when 2,001 to 3,000, inclusive, slot machines have been |
| 506 | approved. |
| 507 | (b) All such tax revenue shall be deposited unallocated |
| 508 | into the Educational Enhancement Trust Fund in the Department of |
| 509 | Education. |
| 510 | (4) PAYMENT PROCEDURES.--Tax payments shall be remitted |
| 511 | daily, as determined by rule of the division. The slot machine |
| 512 | licensee shall file a report under oath by the 5th day of each |
| 513 | calendar month for all taxes remitted during the preceding |
| 514 | calendar month that shall show all slot machine activities for |
| 515 | the preceding calendar month and such other information as may |
| 516 | be required by the division. |
| 517 | (5) FAILURE TO PAY TAX; PENALTIES.--A slot machine |
| 518 | licensee who fails to make tax payments as required under this |
| 519 | section shall be subject to an administrative penalty of up to |
| 520 | $1,000 for each day the tax payment is not remitted. All |
| 521 | administrative penalties imposed and collected shall be |
| 522 | deposited into the Slot Machine Administrative Trust Fund in the |
| 523 | Department of Business and Professional Regulation. If any slot |
| 524 | machine licensee fails to pay penalties imposed by order of the |
| 525 | division under this subsection, the division may suspend, |
| 526 | revoke, or fail to renew the license of the slot machine |
| 527 | licensee. |
| 528 | (6) FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR |
| 529 | FAIL TO RENEW THE LICENSE.--In addition to the penalties imposed |
| 530 | under subsection (5), any willful or wanton failure by a slot |
| 531 | machine licensee to make payments of the tax constitutes |
| 532 | sufficient grounds for the division to suspend, revoke, or fail |
| 533 | to renew the license of the slot machine licensee. |
| 534 | (7) SUBMISSION OF FUNDS.--The division may require slot |
| 535 | machine licensees to remit taxes, fees, fines, and assessments |
| 536 | by electronic funds transfer. |
| 537 | 551.1091 Occupational license required; application; |
| 538 | fee.-- |
| 539 | (1) The individuals and entities that are licensed under |
| 540 | this section require heightened state scrutiny, including the |
| 541 | submission by the individual licensees or persons associated |
| 542 | with the entities described in this chapter of fingerprints for |
| 543 | a criminal records check. |
| 544 | (2)(a) The following licenses shall be issued to persons |
| 545 | or entities with access to the designated slot machine gaming |
| 546 | area or to persons who, by virtue of the position they hold, |
| 547 | might be granted access to these areas or to any other person or |
| 548 | entity in one of the following categories. |
| 549 | 1. General occupational licenses for general employees, |
| 550 | food service, maintenance, and other similar service and support |
| 551 | employees with access to the designated slot machine gaming |
| 552 | area. Service and support employees with a current pari-mutuel |
| 553 | occupational license issued pursuant to chapter 550 and a |
| 554 | current background check are not required to submit to an |
| 555 | additional background check for a slot machine occupational |
| 556 | license as long as the pari-mutuel occupational license remains |
| 557 | in good standing. |
| 558 | 2. Professional occupational licenses for any person, |
| 559 | proprietorship, partnership, corporation, or other entity that |
| 560 | is authorized by a slot machine licensee to manage, oversee, or |
| 561 | otherwise control daily operations as a slot machine manager, |
| 562 | floor supervisor, security personnel, or any other similar |
| 563 | position of oversight of gaming operations. |
| 564 | 3. Business occupational licenses for any slot machine |
| 565 | management company or slot machine business associated with slot |
| 566 | machine gaming or a person who manufactures, distributes, or |
| 567 | sells slot machines, slot machine paraphernalia, or other |
| 568 | associated equipment to slot machine licensees or any person not |
| 569 | an employee of the slot machine licensee who provides |
| 570 | maintenance, repair, or upgrades or otherwise services a slot |
| 571 | machine or other slot machine equipment. |
| 572 | (b) Slot machine occupational licenses are not |
| 573 | transferable. |
| 574 | (3) A slot machine licensee shall not employ or otherwise |
| 575 | allow a person to work at a slot machine facility unless such |
| 576 | person holds a valid occupational license. A slot machine |
| 577 | licensee shall not contract or otherwise do business with a |
| 578 | business required to hold a slot machine occupational license |
| 579 | unless the business holds such a license. A slot machine |
| 580 | licensee shall not employ or otherwise allow a person to work in |
| 581 | a supervisory or management professional level at a slot machine |
| 582 | facility unless such person holds a valid occupational license. |
| 583 | (4)(a) A person seeking a slot machine occupational |
| 584 | license, or renewal thereof, shall make application on forms |
| 585 | prescribed by the division and include payment of the |
| 586 | appropriate application fee. Initial and renewal applications |
| 587 | for slot machine occupational licenses shall contain all the |
| 588 | information the division, by rule, may determine is required to |
| 589 | ensure eligibility. |
| 590 | (b) The division shall establish, by rule, a schedule for |
| 591 | the annual renewal of slot machine occupational licenses. |
| 592 | (c) Pursuant to rules adopted by the division, any person |
| 593 | may apply for and, if qualified, be issued an occupational |
| 594 | license valid for a period of 3 years upon payment of the full |
| 595 | occupational license fee for each of the 3 years for which the |
| 596 | license is issued. The occupational license shall be valid |
| 597 | during its specified term at any slot machine facility where |
| 598 | slot machine gaming is authorized to be conducted. |
| 599 | (d) The slot machine occupational license fee for initial |
| 600 | application and annual renewal shall be determined by rule of |
| 601 | the division but shall not exceed $50 for a general or |
| 602 | professional occupational license for an employee of the slot |
| 603 | machine licensee or $1,000 for a business occupational license |
| 604 | for nonemployees of the licensee providing goods or services to |
| 605 | the slot machine licensee. License fees for general occupational |
| 606 | licensees shall be paid for by the slot machine licensee. |
| 607 | Failure to pay the required fee shall be grounds for |
| 608 | disciplinary action by the division against the slot machine |
| 609 | license but shall not be considered a violation of this chapter |
| 610 | or rules of the division by the general occupational licensee or |
| 611 | a prohibition against the issuance of the initial or the renewal |
| 612 | of the general occupational license. |
| 613 | (5) If the state gaming commission or other similar |
| 614 | regulatory authority of another state or jurisdiction extends to |
| 615 | the division reciprocal courtesy to maintain disciplinary |
| 616 | control, the division may: |
| 617 | (a) Deny an application for or revoke, suspend, or place |
| 618 | conditions or restrictions on a license of a person or entity |
| 619 | who has been refused a license by any other state gaming |
| 620 | commission or similar authority; or |
| 621 | (b) Deny an application for or suspend or place conditions |
| 622 | on a license of any person or entity who is under suspension or |
| 623 | has unpaid fines in another jurisdiction. |
| 624 | (6)(a) The division may deny, suspend, revoke, or declare |
| 625 | ineligible any occupational license if the applicant for or |
| 626 | holder thereof has violated the provisions of this chapter or |
| 627 | the rules of the division governing the conduct of persons |
| 628 | connected with slot machine gaming. In addition, the division |
| 629 | may deny, suspend, revoke, or declare ineligible any |
| 630 | occupational license if the applicant for such license has been |
| 631 | convicted in this state, in any other state, or under the laws |
| 632 | of the United States of a capital felony, a felony, or an |
| 633 | offense in any other state which would be a felony under the |
| 634 | laws of this state involving arson; trafficking in, conspiracy |
| 635 | to traffic in, smuggling, importing, conspiracy to smuggle or |
| 636 | import, or delivery, sale, or distribution of a controlled |
| 637 | substance; or a crime involving a lack of good moral character, |
| 638 | or has had a slot machine gaming license revoked by this state |
| 639 | or any other jurisdiction for an offense related to slot machine |
| 640 | gaming. |
| 641 | (b) The division may deny, declare ineligible, or revoke |
| 642 | any occupational license if the applicant for such license or |
| 643 | the licensee has been convicted of a felony or misdemeanor in |
| 644 | this state, in any other state, or under the laws of the United |
| 645 | States, if such felony or misdemeanor is related to gambling or |
| 646 | bookmaking as contemplated in s. 849.25. |
| 647 | (7) Fingerprints for all slot machine occupational license |
| 648 | applications shall be taken in a manner approved by the division |
| 649 | and shall be submitted to the Florida Department of Law |
| 650 | Enforcement and the Federal Bureau of Investigation for a level |
| 651 | II criminal records check upon initial application and every 5 |
| 652 | years thereafter. The division may by rule require an annual or |
| 653 | less frequent records check not to exceed every 5 years of all |
| 654 | renewal applications for a slot machine occupational license. |
| 655 | The cost of processing fingerprints and conducting a records |
| 656 | check shall be borne by the applicant. |
| 657 | (8) All moneys collected pursuant to this section shall be |
| 658 | deposited into the Slot Machine Administrative Trust Fund. |
| 659 | 551.1111 Prohibited relationships.-- |
| 660 | (1) A person employed by or performing any function on |
| 661 | behalf of the division or the board shall not: |
| 662 | (a) Be an officer, director, owner, or employee of any |
| 663 | person or entity licensed by the division. |
| 664 | (b) Have or hold any interest, direct or indirect, in or |
| 665 | engage in any commerce or business relationship with any person |
| 666 | licensed by the division. |
| 667 | (2) A manufacturer or distributor of slot machines or slot |
| 668 | machine management company or other business occupational |
| 669 | licensee shall not enter into any contract with a slot machine |
| 670 | licensee that provides for any revenue sharing of any kind or |
| 671 | nature that is, directly or indirectly, calculated on the basis |
| 672 | of a percentage of slot machine revenues. Any maneuver, shift, |
| 673 | or device whereby this provision is violated shall be a |
| 674 | violation of this chapter and shall render any such agreement |
| 675 | void. |
| 676 | (3) A manufacturer or distributor of slot machines or any |
| 677 | equipment necessary for the operation of slot machines or an |
| 678 | officer, director, or employee of any such manufacturer or |
| 679 | distributor shall not have any ownership or financial interest |
| 680 | in a slot machine license or in any business owned by the slot |
| 681 | machine licensee. |
| 682 | 551.1113 Prohibited acts.-- |
| 683 | (1) Except as otherwise provided by law and in addition to |
| 684 | any other penalty, any person who intentionally makes or causes |
| 685 | to be made or aids, assists, or procures another to make a false |
| 686 | statement in any report, disclosure, application, or any other |
| 687 | document required under this chapter or any rule adopted under |
| 688 | this chapter is subject to an administrative fine or civil |
| 689 | penalty of up to $10,000. |
| 690 | (2) Except as otherwise provided by law and in addition to |
| 691 | any other penalty, any person who possesses a slot machine |
| 692 | without the license required by this chapter or who possesses a |
| 693 | slot machine at any location other than at the slot machine |
| 694 | licensee facility is subject to an administrative fine or civil |
| 695 | penalty of up to $10,000. |
| 696 | (3) Except as otherwise provided by law and in addition to |
| 697 | any other penalty, any person who intentionally excludes, or |
| 698 | takes any action in an attempt to exclude, anything or its value |
| 699 | from the deposit, counting, collection, or computation of |
| 700 | revenues from slot machine activity is subject to an |
| 701 | administrative fine or civil penalty of up to $25,000. |
| 702 | (4) Any person who, with intent to manipulate the outcome, |
| 703 | payoff, or operation of a slot machine by physical tampering, or |
| 704 | by use of any object, instrument, or device, whether mechanical, |
| 705 | electrical, magnetic, or other means, manipulates the outcome, |
| 706 | payoff, or operation of a slot machine commits a felony of the |
| 707 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 708 | or s. 775.084. |
| 709 | (5) All penalties imposed and collected must be deposited |
| 710 | into the Slot Machine Administrative Trust Fund in the |
| 711 | department. |
| 712 | 551.1115 Illegal devices.--Notwithstanding any provision |
| 713 | of law to the contrary, no slot machine manufactured, sold, |
| 714 | distributed, possessed, or operated according to the provisions |
| 715 | of this chapter shall be considered unlawful. |
| 716 | 551.1119 Facilities of slot machine licensees.-- |
| 717 | (1) In addition to the power to exclude certain persons |
| 718 | from any facility of a slot machine licensee in this state, the |
| 719 | division may exclude any person from any facility of a slot |
| 720 | machine licensee in this state for conduct that would |
| 721 | constitute, if the person were a licensee, a violation of this |
| 722 | chapter or the rules of the division. The division may exclude |
| 723 | from any facility of a slot machine licensee any person who has |
| 724 | been ejected from a facility of a slot machine licensee in this |
| 725 | state or who has been excluded from any facility of a slot |
| 726 | machine licensee or gaming facility in another state by the |
| 727 | governmental department, agency, commission, or authority |
| 728 | exercising regulatory jurisdiction over the gaming in such other |
| 729 | state. |
| 730 | (2) This section shall not be construed to abrogate the |
| 731 | common law right of a slot machine licensee to exclude a patron |
| 732 | absolutely in this state. |
| 733 | (3) The division shall require the posting of signs in the |
| 734 | designated slot machine gaming areas warning of the risks and |
| 735 | dangers of gambling, showing the odds of winning, and informing |
| 736 | patrons of the toll-free telephone number available to provide |
| 737 | information and referral services regarding compulsive or |
| 738 | problem gambling. |
| 739 | (4) The division shall require slot machine licensees to |
| 740 | provide in the designated slot machine gaming area facilities |
| 741 | and equipment sufficient to allow the observation of and |
| 742 | wagering on live, intertrack, and simulcast races and games. |
| 743 | 551.121 Minors prohibited from playing slot machines.-- |
| 744 | (1) A slot machine licensee or agent or employee of a slot |
| 745 | machine licensee shall not: |
| 746 | (a) Allow a person who has not attained 18 years of age to |
| 747 | play any slot machine. |
| 748 | (b) Allow a person who has not attained 18 years of age |
| 749 | access to the designated slot machine gaming area of a facility |
| 750 | of a slot machine licensee. |
| 751 | (c) Allow a person who has not attained 18 years of age to |
| 752 | be employed in any position allowing or requiring access to the |
| 753 | designated slot machine gaming area of a facility of a slot |
| 754 | machine licensee. |
| 755 | (2) No person licensed under this chapter, or any agent or |
| 756 | employee of a licensee under this chapter, shall intentionally |
| 757 | allow a person who has not attained 18 years of age to play or |
| 758 | operate a slot machine or have access to the designated slot |
| 759 | machine area of a facility of a slot machine licensee. |
| 760 | 551.125 Credit and other devices prohibited.-- |
| 761 | (1) A slot machine licensee shall not allow any automated |
| 762 | teller machine or similar device designed to provide credit or |
| 763 | dispense cash to be located within the facilities of the slot |
| 764 | machine licensee. |
| 765 | (2) A slot machine licensee shall not make any loan or |
| 766 | provide credit or advance cash to enable a person to play a slot |
| 767 | machine. |
| 768 | (3) A slot machine shall not be capable of accepting cash |
| 769 | or other currency. |
| 770 | (4) A slot machine shall not be designed in such a way |
| 771 | through programming or otherwise to display a result that |
| 772 | appears to be a near win, gives the impression that the player |
| 773 | is getting close to a win, or in any way gives a false |
| 774 | impression that the chance to win is improved by another play; |
| 775 | however, this subsection does not apply to general promotional |
| 776 | enticements such as graphic displays and sound effects that do |
| 777 | not falsely imply that the chance of winning improves by |
| 778 | continued play. |
| 779 | 551.20 Hours of operation.--Slot machine gaming may be |
| 780 | conducted 14 hours per day on Monday through Friday and may be |
| 781 | conducted 24 hours per day on Saturday and Sunday. |
| 782 | 551.25 Penalties.-- |
| 783 | (1) The division may revoke or suspend any license issued |
| 784 | under this chapter upon the willful violation by the licensee of |
| 785 | any provision of this chapter or of any rule adopted under this |
| 786 | chapter. In lieu of suspending or revoking a license, the |
| 787 | division may impose a civil penalty against the licensee for a |
| 788 | violation of this chapter or any rule adopted by the division. |
| 789 | Except as otherwise provided in this chapter, the penalty so |
| 790 | imposed may not exceed $1,000 for each count or separate |
| 791 | offense. All penalties imposed and collected must be deposited |
| 792 | into the Slot Machine Administrative Trust Fund in the |
| 793 | department. |
| 794 | (2) The division is given full power and authority to |
| 795 | revoke or suspend the license of any person holding a slot |
| 796 | machine license under this chapter when it is determined or |
| 797 | found by the division upon sufficient cause appearing that the |
| 798 | licensee is maintaining a nuisance on the slot machine gaming |
| 799 | premises that tends to annoy the community, injure the health of |
| 800 | the citizens in general, or corrupt the public morals as |
| 801 | described in ss. 823.01 and 823.05. |
| 802 | (3) In addition to any criminal or civil penalty imposed |
| 803 | by a court pursuant to chapter 60 for maintaining a nuisance, |
| 804 | the division shall revoke the license of any slot machine |
| 805 | licensee when it is determined or found by the division that a |
| 806 | pattern of at least three violations constituting a nuisance |
| 807 | occurred on the licensed slot machine premises within a 90-day |
| 808 | period. |
| 809 | (4) The penalties of this section shall apply to a slot |
| 810 | machine licensee who has not met the reporting obligations |
| 811 | between the slot machine licensee and the board. |
| 812 | 551.30 State Slot Machine Gaming Board.-- |
| 813 | (1) CREATION.-- |
| 814 | (a) There is created a board known as the State Slot |
| 815 | Machine Gaming Board which shall be housed within the division. |
| 816 | (b) The board is not a unit or entity of state government. |
| 817 | However, the board is subject to the provisions of s. 24, Art. I |
| 818 | of the State Constitution and chapter 119, relating to public |
| 819 | meetings and records and the provisions of chapter 286 relating |
| 820 | to public meetings and records. |
| 821 | (c) The principal office of the board shall be in |
| 822 | Tallahassee; however, the board may establish at least one |
| 823 | office in any county where slot machine gaming is authorized to |
| 824 | be conducted. |
| 825 | (d) The board shall hire or contract for all staff |
| 826 | necessary for the proper execution of its powers and duties |
| 827 | within the funds appropriated to implement this section and |
| 828 | shall comply with the code of ethics for public officers and |
| 829 | employees under part III of chapter 112. In no case may the |
| 830 | board expend more than its annual appropriation for staffing and |
| 831 | necessary administrative expenditures, including, but not |
| 832 | limited to, travel and per diem and audit expenditures, using |
| 833 | funds appropriated to implement this section. The funds |
| 834 | appropriated shall be derived from a portion of the imposition |
| 835 | of regulatory fees to offset the costs of regulation. |
| 836 | (e) The division shall provide administrative support to |
| 837 | the board as requested by the board. In the event of the |
| 838 | dissolution of the board, the division shall be the board's |
| 839 | successor in interest and shall assume all rights, duties, and |
| 840 | obligations of the board. |
| 841 | (2) PURPOSE.--The board's purpose shall be to safeguard |
| 842 | the state's commitment to control gambling-related crime, |
| 843 | prevent expansion of gambling, prevent gambling's negative |
| 844 | impact on economic development and family-friendly tourism, and |
| 845 | control the negative social and community impacts of gambling by |
| 846 | ensuring that the slot machine licensee keep the promises made |
| 847 | to the voters of this state and comply fully with all |
| 848 | expectations, regulations, and performance measures. The board |
| 849 | shall require guarantees from each slot machine licensee that |
| 850 | its authorization to have slot machines does not result in any |
| 851 | diminution of its prior business purpose, hold slot machine |
| 852 | licensees to the highest operational standards, and hold slot |
| 853 | machine licensees accountable for all negative impacts of their |
| 854 | gambling business. In this manner, the board shall facilitate |
| 855 | and oversee the stated goal and public purpose of providing |
| 856 | financial support for public educational programs and protecting |
| 857 | the health, safety, and welfare of the citizens and communities |
| 858 | of this state. |
| 859 | (3) BOARD; MEMBERSHIP.-- |
| 860 | (a) The board shall consist of nine voting members of high |
| 861 | moral character, impeccable reputation, and demonstrable |
| 862 | business expertise. No more than two members shall be residents |
| 863 | of a county where slot machine gaming is authorized to be |
| 864 | conducted. The Governor shall appoint the members of the board. |
| 865 | The director of the division shall serve as an ex officio, |
| 866 | nonvoting member of the board. Appointment of members of the |
| 867 | board shall be confirmed by the Senate. |
| 868 | (b) Each member of the board shall serve for a term of 4 |
| 869 | years, except that initially the Governor shall appoint three |
| 870 | members for a term of 1 year, three members for a term of 2 |
| 871 | years, and three members for a term of 4 years to achieve |
| 872 | staggered terms among the members of the board. A member is not |
| 873 | eligible for reappointment to the board, except, however, that a |
| 874 | member appointed to an initial term of 1 year or 2 years may be |
| 875 | reappointed for an additional term of 4 years, and a person |
| 876 | appointed to fill a vacancy with 2 years or less remaining on |
| 877 | the term may be reappointed for an additional term of 4 years |
| 878 | (c) The Governor shall fill a vacancy on the board. A |
| 879 | vacancy that occurs before the scheduled expiration of the term |
| 880 | of the member shall be filled for the remainder of the unexpired |
| 881 | term. |
| 882 | (d) Each member of the board who is not otherwise required |
| 883 | to file financial disclosure under s. 8, Art. II of the State |
| 884 | Constitution or s. 112.3144 shall file disclosure of financial |
| 885 | interests under s. 112.3145. |
| 886 | (e) A person may not be appointed to the board if he or |
| 887 | she has any direct or indirect interest in any slot machine |
| 888 | licensee or any aspect of the gambling industry or any |
| 889 | affiliated activities. A person appointed to the board must |
| 890 | agree to refrain from having any such interest during the term |
| 891 | of his or her appointment and for 10 years after the termination |
| 892 | of such appointment. It is a felony of the third degree, |
| 893 | punishable as provided in s. 775.082 or s. 775.083, for a person |
| 894 | to accept appointment to the board in violation of this |
| 895 | paragraph or to accept any interest prohibited under this |
| 896 | paragraph within 10 years after the termination of his or her |
| 897 | service on the board. |
| 898 | (f) Each member of the board shall serve without |
| 899 | compensation, but shall receive travel and per diem expenses as |
| 900 | provided in s. 112.061 while in the performance of his or her |
| 901 | duties. |
| 902 | (g) Each member of the board is accountable for the proper |
| 903 | performance of the duties of office, and each member owes a |
| 904 | fiduciary duty to the people of the state to ensure that all |
| 905 | activities conducted in furtherance of this section. The |
| 906 | Governor may remove a member for malfeasance, misfeasance, |
| 907 | neglect of duty, incompetence, permanent inability to perform |
| 908 | official duties, unexcused absence from three consecutive |
| 909 | meetings of the board, arrest or indictment for a crime that is |
| 910 | a felony or a misdemeanor involving theft or moral turpitude, a |
| 911 | crime of dishonesty, or pleading nolo contendere to, or being |
| 912 | found guilty of, any crime. |
| 913 | (4) ORGANIZATION; MEETINGS.-- |
| 914 | (a)1. The board shall annually elect a chairperson and a |
| 915 | vice chairperson from among the board's members. The members |
| 916 | may, by a vote of five of the nine board members, remove a |
| 917 | member from the position of chairperson or vice chairperson |
| 918 | prior to the expiration of his or her term as chairperson or |
| 919 | vice chairperson. His or her successor shall be elected to serve |
| 920 | for the balance of the removed chairperson's or vice |
| 921 | chairperson's term. |
| 922 | 2. The chairperson is responsible to ensure that records |
| 923 | are kept of the proceedings of the board and is the custodian of |
| 924 | all books, documents, and papers filed with the board, the |
| 925 | minutes of meetings of the board, and the official seal of the |
| 926 | board. |
| 927 | (b)1. The board shall meet upon the call of the |
| 928 | chairperson or at the request of a majority of the members, but |
| 929 | no less than quarterly per calendar year. |
| 930 | 2. A majority of the voting members of the board |
| 931 | constitutes a quorum. Except as otherwise provided in this |
| 932 | section, the board may take official action by a majority vote |
| 933 | of the members present at any meeting at which a quorum is |
| 934 | present. Members may not vote by proxy. |
| 935 | 3. A member of the board may participate in a meeting of |
| 936 | the board by telephone or video conference through which each |
| 937 | member may hear every other member. |
| 938 | (5) POWERS AND DUTIES.--The board: |
| 939 | (a) Shall make a performance evaluation of each slot |
| 940 | machine licensee and assume any other functions that are |
| 941 | necessary to carry out the provisions of this section. |
| 942 | (b) Shall do all things necessary to identify the |
| 943 | performance of obligations of the slot machine licensee. |
| 944 | (c) May perform all acts and things necessary or |
| 945 | convenient to carry out the powers expressly granted in this |
| 946 | section. |
| 947 | (d) May make expenditures, from regulatory funds provided |
| 948 | by this chapter, including any necessary administrative |
| 949 | expenditures consistent with its powers. |
| 950 | (e) May indemnify and purchase and maintain insurance on |
| 951 | behalf of members of the board against any personal liability or |
| 952 | accountability. |
| 953 | (f) Shall expend funds only as authorized pursuant to the |
| 954 | provisions of this section. |
| 955 | (g) Shall receive and review reports and financial |
| 956 | documentation provided by the slot machine licensee to ensure |
| 957 | compliance with the provisions of this chapter. |
| 958 | (h) Shall prepare an annual report as prescribed in |
| 959 | subsection (10). |
| 960 | (6) PERFORMANCE RULES.--The division shall adopt |
| 961 | performance rules to govern activities of the slot machine |
| 962 | licensee pursuant to this chapter. |
| 963 | (a) The performance rules, at a minimum, must contain |
| 964 | provisions: |
| 965 | 1. Specifying the procedures and schedules that govern the |
| 966 | slot machine licensee's activities under this section and |
| 967 | specifying the conditions or deliverables that the slot machine |
| 968 | licensee must satisfy in order to continue conducting such |
| 969 | activities. |
| 970 | 2. Requiring the slot machine licensee to submit to the |
| 971 | board a business plan in a form and manner prescribed by rule. |
| 972 | 3. Prohibiting the slot machine licensee from establishing |
| 973 | other gambling activities in this state. |
| 974 | 4. Governing the ownership of or security interests in |
| 975 | real property and personal property, including, but not limited |
| 976 | to, slot machine equipment, including: |
| 977 | a. Requiring that the slot machine licensee must purchase |
| 978 | the slot machine equipment. |
| 979 | b. Requiring that, in the event the slot machine licensee |
| 980 | ceases operations in this state, the slot machine licensee's |
| 981 | slot machine equipment shall be subject to immediate |
| 982 | confiscation. |
| 983 | 5. Requiring the slot machine licensee to maintain a |
| 984 | policy of awarding preference in employment solely to residents |
| 985 | of this state, as defined by law. |
| 986 | 6. Requiring the slot machine licensee to maintain a |
| 987 | policy of making purchases from vendors in this state. |
| 988 | 7. Requiring the slot machine licensee to use the Internet |
| 989 | based job-listing system of the Agency for Workforce Innovation |
| 990 | in advertising employment opportunities. Further, each slot |
| 991 | machine licensee in its gaming operations shall create equal |
| 992 | employment opportunities which shall be implemented in a |
| 993 | nondiscriminatory manner in hiring and promoting employees to |
| 994 | achieve the full and fair participation of women, Asians, |
| 995 | blacks, Hispanics, Native Americans, persons with disabilities, |
| 996 | and other protected groups within the city where the pari-mutuel |
| 997 | facility is located, and an action plan and programs shall be |
| 998 | implemented by each pari-mutuel facility designed to ensure that |
| 999 | the percentage of the minority population in which each pari- |
| 1000 | mutuel facility is located is considered to the extent minority |
| 1001 | applications are submitted in equal proportion to the number of |
| 1002 | jobs open for hiring at entry level, managerial, supervisory, |
| 1003 | and any other positions, unless there is a bona fide |
| 1004 | occupational qualification requiring a distinct and unique |
| 1005 | employment expertise which a minority applicant does not |
| 1006 | possess. |
| 1007 | 8. Requiring the slot machine licensee to submit data on |
| 1008 | activities and performance during each fiscal year and to |
| 1009 | provide to the board an annual accounting of its revenues, |
| 1010 | expenditures, and profits under this section. |
| 1011 | 9. Requiring the slot machine licensee to purchase |
| 1012 | liability insurance and governing the coverage level of such |
| 1013 | insurance. |
| 1014 | 10. Requiring random programming, periodic testing, and |
| 1015 | payout of slot machines operated by the slot machine licensee. |
| 1016 | 11. Requiring that the slot machine licensee must provide |
| 1017 | for separate accounts for any funds in furtherance of this |
| 1018 | section and separate books and records relating to its slot |
| 1019 | machine operation. |
| 1020 | (b) The division shall provide a copy of the proposed |
| 1021 | rules to the board and allow sufficient time for review and |
| 1022 | response by the board. |
| 1023 | (c) The division shall not renew the slot machine license |
| 1024 | if the slot machine licensee has failed to operate in a manner |
| 1025 | that demonstrates a commitment to ameliorate public detriment to |
| 1026 | the health, safety, welfare, and morals of the citizens and the |
| 1027 | community by virtue of the nature and severity of sanctions |
| 1028 | imposed by the division for violations of this chapter. |
| 1029 | (7) QUALIFICATION PERFORMANCE RULES.--The division shall |
| 1030 | adopt qualification performance rules. The board shall consider |
| 1031 | whether the data, measures, and information required to be |
| 1032 | submitted by the slot machine licensee and contained in the |
| 1033 | report required in subsection (10), when considered as a whole, |
| 1034 | demonstrate that the net benefits of the slot machine licensee's |
| 1035 | operations exceed the net harm of such operations. |
| 1036 | (a) The qualification performance rules, at a minimum, |
| 1037 | must contain provisions: |
| 1038 | 1. Requiring the slot machine licensee to be an equal |
| 1039 | opportunity employer. |
| 1040 | 2. Requiring the slot machine licensee to hold the state |
| 1041 | and local government harmless for all negative social, economic |
| 1042 | development, and growth management impacts arising from its |
| 1043 | gambling activities. |
| 1044 | 3. Establishing that the board shall review the activities |
| 1045 | of the slot machine licensee to assess the slot machine |
| 1046 | licensee's financial and operational compliance with the |
| 1047 | provisions of the rules of the division and with other relevant |
| 1048 | provisions of law. |
| 1049 | 4. Prohibiting conflicts of interest between the slot |
| 1050 | machine licensee and any gaming equipment manufacturer. |
| 1051 | 5. Requiring slot machine licensees during the first 5 |
| 1052 | years of the slot machine operations to keep their promise to |
| 1053 | create a net 18,000 jobs at an average annual salary of $39,000. |
| 1054 | 6. Requiring slot machine licensees to keep their |
| 1055 | collective promise to provide no less than $500 million per year |
| 1056 | for public educational programs. |
| 1057 | 7. Requiring the slot machine licensee to agree that no |
| 1058 | funds derived from gambling proceeds may be used for the purpose |
| 1059 | of lobbying any branch or agency of state government or any |
| 1060 | political subdivision of the state. |
| 1061 | 8. Requiring the slot machine licensee to annually |
| 1062 | demonstrate that the slot machine licensee has fully preserved |
| 1063 | or enhanced the quality and quantity of its preslot machine |
| 1064 | enterprise. |
| 1065 | 9. Requiring that no later than July 1, 2006, after |
| 1066 | commencement of its slot machine operations, the slot machine |
| 1067 | licensee shall be responsible for increased costs of social |
| 1068 | services, medical emergency services, traffic impacts, and |
| 1069 | business and tourism losses directly related to the slot machine |
| 1070 | licensee's slot machine operations. |
| 1071 | (b) The division shall provide a copy of the proposed |
| 1072 | rules to the board and allow sufficient time for review and |
| 1073 | response by the board. |
| 1074 | (8) PERFORMANCE EXPECTATIONS; RULES.--In addition to the |
| 1075 | provisions prescribed in subsections (6) and (7), the rules of |
| 1076 | the division shall include a requirement that the slot machine |
| 1077 | licensee report to the board on performance expectations that |
| 1078 | reflect the determination of the Legislature and the Governor |
| 1079 | that the benefits accruing to this state as a net result of the |
| 1080 | slot machine licensee's slot machine operations exceed the net |
| 1081 | harm of such operations. |
| 1082 | (a) Performance expectations reporting shall include, but |
| 1083 | is not limited to, performance expectations addressing: |
| 1084 | 1. The exact net number and dollar value of all jobs |
| 1085 | created. |
| 1086 | 2. The percentage of tax proceeds and dollar value: |
| 1087 | a. Returned to the Educational Enhancement Trust Fund for |
| 1088 | educational choice initiatives; and |
| 1089 | b. Returned to the Department of Revenue for deposit into |
| 1090 | the General Revenue Fund. |
| 1091 | 3. The measures taken by the slot machine licensee to |
| 1092 | prevent, control, and treat gambling addiction. |
| 1093 | 4. The measures taken by the slot machine licensee to |
| 1094 | ameliorate public detriment to the health, safety, welfare, and |
| 1095 | morals of the citizens and the community. |
| 1096 | 5. The adoption by the slot machine licensee of a strict |
| 1097 | three-strike policy for the premises with respect to felonies, |
| 1098 | moral turpitude misdemeanors, or findings by a court or the |
| 1099 | division that the slot machine licensee has or is maintaining a |
| 1100 | nuisance. |
| 1101 | 6. The net amount of profits, payments, earnings, and |
| 1102 | expenditures retained in the state versus the amount outside the |
| 1103 | state. |
| 1104 | 7. The continued operation and quality of operation of the |
| 1105 | slot machine licensee's preslot machine enterprise. |
| 1106 | 8. The total net amount of revenues generated for state |
| 1107 | government from all tax and fee sources related to the slot |
| 1108 | machine licensee's slot machine operation. |
| 1109 | 9. The net contribution to tourism on a statewide basis, |
| 1110 | considering both gains in the gambling vicinities of South |
| 1111 | Florida and losses in other parts of the state. |
| 1112 | 10.a. The number and value of new or expanded businesses |
| 1113 | generated in the vicinity as a result of the slot machine |
| 1114 | licensee's slot machine operations and a description of each |
| 1115 | such business. |
| 1116 | b. The number and value of business losses attributable to |
| 1117 | the slot machine licensee's slot machine operations and a |
| 1118 | description of each such business. |
| 1119 | 11. A detailed summary from each local law enforcement |
| 1120 | agency of felonies and moral turpitude misdemeanors committed in |
| 1121 | the vicinity as compared with prior years. |
| 1122 | 12. A detailed summary from each social services agency in |
| 1123 | the vicinity itemizing requests for social services as compared |
| 1124 | with prior years. |
| 1125 | 13. A detailed summary from the clerks of court of |
| 1126 | residents of the state filing for personal bankruptcy. |
| 1127 | 14. A detailed summary from the Department of Highway |
| 1128 | Safety and Motor Vehicles of area traffic impacts, including |
| 1129 | Interstate highway exit and entrance ramps. |
| 1130 | 15. A detailed summary from local emergency management |
| 1131 | agencies of increased impact on the use of ambulances and |
| 1132 | paramedics. |
| 1133 | 16. A detailed summary of all lobbying activities |
| 1134 | conducted by or on behalf of the slot machine licensee, |
| 1135 | including the amount and source of funds expended. |
| 1136 | (b) The division shall provide a copy of the proposed |
| 1137 | rules to the board and allow sufficient time for review and |
| 1138 | response by the board. |
| 1139 | (9) PROGRESS REPORT.--The rules adopted pursuant to |
| 1140 | subsections (6), (7), and (8) shall require the slot machine |
| 1141 | licensee to provide information to the board on the progress in |
| 1142 | meeting the performance expectations on an annual basis. |
| 1143 | (10) ANNUAL REPORT.--By December 1 of each year, the board |
| 1144 | shall prepare a report of the activities and outcomes under this |
| 1145 | section for the preceding fiscal year. The report, at a minimum, |
| 1146 | must include: |
| 1147 | (a) A description of the activities of the board and slot |
| 1148 | machine licensees. |
| 1149 | (b) An accounting of the slot machine operations-related |
| 1150 | proceeds inuring to the state during the preceding fiscal year |
| 1151 | from each of the slot machine licensees. |
| 1152 | (c) An accounting of slot machine operations-related |
| 1153 | expenditures by each of the slot machine licensees during the |
| 1154 | fiscal year. |
| 1155 | (d) Information on the number and salary level of jobs |
| 1156 | created by each of the slot machine licensees, including the |
| 1157 | number and salary level of jobs created for residents of this |
| 1158 | state. |
| 1159 | (e) Information on the amount and nature of economic |
| 1160 | activity generated through the slot machine operations-related |
| 1161 | activities of each of the slot machine licensees. |
| 1162 | (f) An assessment of factors affecting the progress toward |
| 1163 | achieving the promises made to the voters associated with each |
| 1164 | of the slot machine licensee's slot machine operations. |
| 1165 | (g) A compliance and financial audit of the accounts and |
| 1166 | records of the board at the end of the preceding fiscal year |
| 1167 | conducted by an independent certified public accountant in |
| 1168 | accordance with rules of the Auditor General. |
| 1169 | (h) A description of the status of the performance |
| 1170 | expectations and the conditions for continuing slot machine |
| 1171 | operations. |
| 1172 |
|
| 1173 | The board shall submit the report to the Governor, the President |
| 1174 | of the Senate, and the Speaker of the House of Representatives. |
| 1175 | (11) PROGRAM EVALUATION.-- |
| 1176 | (a) Before January 1, 2010, the Office of Program Policy |
| 1177 | Analysis and Government Accountability shall conduct a |
| 1178 | performance audit of the board and the division relating to the |
| 1179 | provisions of this chapter. The audit shall assess the |
| 1180 | implementation and outcomes of activities under this chapter. At |
| 1181 | a minimum, the audit shall address: |
| 1182 | 1. Performance of the slot machine licensees in operating |
| 1183 | slot machine gaming and complying with the rules under this |
| 1184 | chapter. |
| 1185 | 2. Performance of the board in overseeing operations of |
| 1186 | the slot machine licensees under this chapter. |
| 1187 | 3. Compliance by the board with the provisions of this |
| 1188 | section and the provisions of the rules. |
| 1189 | 4. Economic activity generated through slot machine |
| 1190 | operations by the slot machine licensees. |
| 1191 | (b) Before January 1, 2013, the Office of Program Policy |
| 1192 | Analysis and Government Accountability shall update the report |
| 1193 | required under this subsection. In addition to addressing the |
| 1194 | items prescribed in paragraph (a), the updated report shall |
| 1195 | include a recommendation on whether the Legislature should place |
| 1196 | before the voters of the state a constitutional amendment |
| 1197 | repealing authority for the slot machine operations by the slot |
| 1198 | machine licensees based upon failure, after adequate time, to |
| 1199 | keep the promises made to the voters to obtain initial approval |
| 1200 | for such operations and to fulfill the net benefits exceeding |
| 1201 | net losses expectations of the Governor and Legislature as |
| 1202 | specified in this section. |
| 1203 | (c) A report of each audit's findings and recommendations |
| 1204 | shall be submitted to the Governor, the President of the Senate, |
| 1205 | and the Speaker of the House of Representatives. |
| 1206 | 551.33 Law enforcement affidavits.-- |
| 1207 | (1) The chief law enforcement officer of any county or |
| 1208 | municipality where a slot machine licensee is authorized to |
| 1209 | conduct slot machine gaming at a pari-mutuel facility and the |
| 1210 | chief law enforcement officer of any municipality contiguous to |
| 1211 | a municipality where such slot machine licensee is authorized to |
| 1212 | conduct slot machine gaming shall execute at least once annually |
| 1213 | an affidavit verifying, based upon information or belief, |
| 1214 | whether the applicable local budgeting authority has provided |
| 1215 | sufficient funding to adequately address additional law |
| 1216 | enforcement responsibilities directly or indirectly resulting |
| 1217 | from the slot machine gaming operations. |
| 1218 | (2) The affidavit shall be transmitted to the board for |
| 1219 | its use in making a determination whether a slot machine |
| 1220 | licensee remains qualified for annual license renewal and the |
| 1221 | board shall consider such affidavit in making its findings and |
| 1222 | recommendations as to whether the operations of the slot machine |
| 1223 | licensee are a positive contribution to the public economic and |
| 1224 | social health, safety, and welfare. |
| 1225 | 551.34 Local government resolutions.-- |
| 1226 | (1) The board of county commissioners and the governing |
| 1227 | body of a municipality where a slot machine licensee is |
| 1228 | authorized to conduct slot machine gaming and any municipality |
| 1229 | contiguous to the municipality where such slot machine licensee |
| 1230 | is authorized to conduct slot machine gaming must adopt a |
| 1231 | resolution at least once annually that expresses, at a minimum, |
| 1232 | whether slot machine gaming is being operated in a manner that |
| 1233 | demonstrates a commitment to ameliorate detriment to the public |
| 1234 | economic and social health, safety, and welfare of the community |
| 1235 | governed by the applicable body. |
| 1236 | (2) The governing body of any municipality that is not |
| 1237 | required to adopt a resolution pursuant to subsection (1) may |
| 1238 | adopt a resolution addressing slot machine gaming impacts on the |
| 1239 | local community. The resolution should contain a recitation of |
| 1240 | those factual circumstances which support a conclusion that the |
| 1241 | operations of the slot machine licensee have a substantial |
| 1242 | effect on the public economic and social health, safety, and |
| 1243 | welfare of the municipality. |
| 1244 | (3) The resolution shall be transmitted to the board. The |
| 1245 | board shall accord great weight to such resolution in making its |
| 1246 | findings and recommendations as to whether the operations of the |
| 1247 | slot machine licensee are a positive contribution to the public |
| 1248 | economic and social health, safety, and welfare. |
| 1249 | 551.341 Tourist development council resolutions.-- |
| 1250 | (1) Any tourist development council, organized under the |
| 1251 | provisions of part I of chapter 125, or the board of county |
| 1252 | commissioners if there is no tourist development council in that |
| 1253 | county, must adopt a resolution at least once annually that |
| 1254 | expresses, at a minimum, whether slot machine gaming is being |
| 1255 | operated in a manner that demonstrates a commitment to the |
| 1256 | growth and expansion of tourism in this state and a commitment |
| 1257 | to ameliorate detriment to communities that are current tourist |
| 1258 | destinations but do not have slot machine gaming being conducted |
| 1259 | at pari-mutuel facilities within their jurisdiction. |
| 1260 | (2) The resolution should contain a recitation of those |
| 1261 | factual circumstances which support a conclusion that the |
| 1262 | operations of slot machine licensees have a substantial positive |
| 1263 | or negative effect on the expansion and growth of tourism within |
| 1264 | their jurisdiction. Tourism impacts shall be supported, as a |
| 1265 | part of the resolution, by statistical data and other practical |
| 1266 | collateral impacts and evidence on local tourism activity. |
| 1267 | (3) The resolution shall be transmitted to the board. The |
| 1268 | board shall accord great weight to such resolution in making its |
| 1269 | findings and recommendations as to whether the operations of the |
| 1270 | slot machine licensee are a positive contribution to the public |
| 1271 | economic and social health, safety, and welfare. |
| 1272 | 551.35 Referenda.-- |
| 1273 | (1) Notwithstanding any other provision of law, each |
| 1274 | municipality and county in which a slot machine facility is |
| 1275 | located and each adjacent municipality and county may call a |
| 1276 | referendum to give the voters an opportunity to declare the slot |
| 1277 | machine operation an undue burden on the community, and shall |
| 1278 | call such referendum upon: |
| 1279 | (a) Petition signed by the lesser of 1,000 electors or 5 |
| 1280 | percent of the electors residing within the municipality; or |
| 1281 | (b) Petition signed by the lesser of 5,000 electors or 10 |
| 1282 | percent of the electors residing within the county. |
| 1283 | (2) When a referendum is called as a result of a |
| 1284 | sufficient number of petitions having been signed by the |
| 1285 | electors of a county or municipality, the county supervisor of |
| 1286 | elections shall conduct such referendum on the day of any state, |
| 1287 | county, or municipal primary or general election or on the day |
| 1288 | of any election of such county or municipality that is being |
| 1289 | held for any purpose other than for the purpose of declaring |
| 1290 | whether the operation of slot machines is an undue burden. The |
| 1291 | question on the ballot shall be: |
| 1292 | SHOULD THE OPERATION OF SLOT MACHINES IN [OR ADJACENT TO |
| 1293 | THIS [COUNTY] [MUNICIPALITY] BE DECLARED AN UNDUE BURDEN? |
| 1294 | (3) The results shall be immediately certified to the |
| 1295 | board which shall accord great weight to such results in making |
| 1296 | its findings and recommendations as to whether the operations of |
| 1297 | the slot machine licensee are a positive contribution to the |
| 1298 | public economic and social health, safety, and welfare. Once the |
| 1299 | question on the ballot has been placed before the electors of a |
| 1300 | county or municipality, the question shall not be presented in |
| 1301 | another referendum in that county for at least 2 years. |
| 1302 | 551.40 Compulsive gambling program.--The Mental Health |
| 1303 | Program Office within the Department of Children and Family |
| 1304 | Services in conjunction with the Department of Education shall |
| 1305 | establish a program for public education, awareness, and |
| 1306 | training regarding problem and compulsive gambling and the |
| 1307 | treatment and prevention of problem and compulsive gambling. The |
| 1308 | program shall include: |
| 1309 | (1) Maintenance of a compulsive gambling advocacy |
| 1310 | organization's toll free, problem-gambling telephone number to |
| 1311 | provide crisis counseling and referral services to families |
| 1312 | experiencing difficulty as a result of problem or compulsive |
| 1313 | gambling. |
| 1314 | (2) The promotion of public awareness regarding the |
| 1315 | recognition and prevention of problem or compulsive gambling. |
| 1316 | (3) Facilitation, through in-service training and other |
| 1317 | means, of the availability of effective assistance programs for |
| 1318 | problem and compulsive gamblers and family members affected by |
| 1319 | problem or compulsive gambling. |
| 1320 | (4) Studies to identify adults and juveniles in this state |
| 1321 | who are, or are at risk of becoming, problem or compulsive |
| 1322 | gamblers. |
| 1323 | Section 4. This act shall take effect July 1, 2005. |