HB 1901

CS

CHAMBER ACTION

1	The Commerce Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to slot machine gaming; creating the Keep
7	the Promise Act of 2005 to implement s. 23, Art. X of the
8	State Constitution; providing for administration and
9	regulation by the Division of Slot Machines of the
10	Department of Business and Professional Regulation;
11	amending s. 20.165, F.S.; establishing a Division of Slot
12	Machines in the Department of Business and Professional
13	Regulation; creating chapter 551, F.S.; implementing s.
14	23, Art. X of the State Constitution; authorizing slot
15	machines and slot machine gaming within certain pari-
16	mutuel facilities located in Miami-Dade and Broward
17	Counties upon approval by local referendum; providing for
18	administration and regulation by the Division of Slot
19	Machines of the Department of Business and Professional
20	Regulation; providing definitions; revising the definition
21	for the term "slot machine" contingent upon certain gaming
22	devices becoming available in certain casinos; providing
23	powers and duties of the division; providing for
24	construction of such provisions; directing the division to
25	adopt rules necessary to implement, administer, and
26	regulate slot machine gaming; requiring such rules to
27	include application procedures, certain technical
28	requirements, procedures relating to revenue, certain
29	regulation and management and auditing procedures, certain
30	bond requirements, and requirements for record
31	maintenance, and payouts; providing for an electronic data
32	collection and reporting system; authorizing the division
33	to enter into contract or interagency agreement with the
34	Department of Revenue or private providers to develop and
35	maintain a centralized computer management reporting and
36	taxing system; providing for investigations by the
37	division; providing for investigation of violations in
38	conjunction with other agencies; providing specified law
39	enforcement powers to the division; providing for access
40	to slot machine licensee facilities by the division;
41	authorizing the division to make certain inspections and
42	examinations, collect certain moneys, and deny, revoke,
43	suspend, or place conditions on the license under certain
44	circumstances; providing for suspension or revocation of
45	the license of an unqualified applicant or licensee;
46	providing for licensure to conduct slot machine gaming;
47	providing for application for licensure; providing
48	conditions for conducting slot machine gaming; providing
49	requirements for receiving and maintaining a license which
50	include compliance with slot machine regulations and
51	regulations relating to pari-mutuel wagering, maintaining
52	the pari-mutuel permit and license, conducting a certain
53	number of live races or games, allowing access by the
54	division, and submission of security plans; authorizing
55	the amendment of a pari-mutuel license within a specified
56	time; providing for a reduction in the required number of
57	live races or games under certain circumstances;
58	prohibiting transfer of a license; providing a limit on
59	the number of slot machines at a facility; providing for
60	annual renewal of the license; providing for a renewal
61	application and procedures for approval; requiring
62	corporate slot machine licensees to apply for and be
63	issued a certificate of status; specifying the payment of
64	state and local taxes as a condition for a slot machine
65	license; requiring certification by the Department of
66	Revenue of the payment of certain state and local taxes by
67	a slot machine licensee; directing the division to revoke,
68	suspend, or refuse to renew the license for failure to pay
69	such taxes; requiring the slot machine licensee pay to the
70	division an initial and annual license fee; providing for
71	deposit of the fee into the Slot Machine Administrative
72	Trust Fund for certain purposes; requiring the division to
73	evaluate the license fee and make recommendations to the
74	Legislature; requiring the slot machine licensee pay an
75	annual tax on each machine; providing for deposit of the
76	tax into the Educational Enhancement Trust Fund to be
77	distributed to the school district where the facility is
78	located for certain purposes; directing the Department of
79	Education to conduct an audit and return amounts in excess
80	of certain costs to the Educational Enhancement Trust
81	Fund; providing for a tax on slot machine revenues to be
82	deposited into the Educational Enhancement Trust Fund;
83	providing payment procedures; providing penalties for
84	failure to make payments; providing for submission of
85	funds by electronic funds transfer; providing for general,
86	professional, and business occupational licenses;
87	prohibiting transfer of such licenses; prohibiting a slot
88	machine licensee from employing or doing business with
89	persons or businesses unless such person or business is
90	properly licensed; providing for application forms, fees,
91	and procedures; authorizing the division to adopt rules
92	relating to applications, licensure, and renewal of
93	licensure and fees therefor; requiring slot machine
94	licensee to pay licensure fees of general occupational
95	licensees; providing for reciprocal disciplinary actions
96	with other jurisdictions; providing for disciplinary
97	actions against a licensee for certain violations of
98	regulations or laws; requiring fingerprints and criminal
99	records checks of applicants or licensees; requiring
100	certain costs of the records check be borne by the
101	applicant or licensee; providing for distribution of funds
102	into the Slot Machine Administrative Trust Fund;
103	prohibiting certain relationships between employees of the
104	division or board and licensees of the division;
105	prohibiting contracts that provide for revenue sharing
106	between a manufacturer or distributor and slot machine
107	licensees; prohibiting ownership or financial interests in
108	slot machine licensees by certain manufacturers or
109	distributors; prohibiting certain false statements,
110	exclusion of revenue for certain purposes, cheating, and
111	theft of proceeds; providing penalties; providing for
112	arrest and recovery; limiting liability for arrest and
113	detention; providing penalties for resisting recovery
114	efforts; authorizing manufacture, sale, distribution,
115	possession, and operation of slot machines under certain
116	circumstances; authorizing the division to exclude any
117	person from licensed facilities under certain
118	circumstances; directing the division to require certain
119	signage in designated gaming areas and require certain
120	equipment or facilities relating to races or games within
121	the gaming area; prohibiting a licensee and employees and
122	agents of the licensee from allowing a person under a
123	certain age to operate slot machines or to have access to
124	the gaming area; prohibiting complimentary alcoholic
125	beverages, loans or credit, and automatic teller machines;
126	providing for the hours of operation of slot machines;
127	providing that the slot machine licensee is eligible for a
128	caterer license under specified provisions; requiring the
129	slot machine licensee maintain certain purchasing and
130	hiring policies, use a certain job listing service
131	provided by the Agency for Workforce Innovation, and
132	implement certain equal employment opportunities;
133	providing penalties for certain violations by a licensee;
134	providing for deposit of fines collected; creating the
135	State Slot Machine Gaming Board within the division;
136	providing that the board is not a state entity; providing
137	for public meetings and records of the board; providing
138	for offices and personnel of the board; requiring the
139	board comply with specified ethics provisions; providing
140	for expenditures of state funds derived from regulatory
141	fees; requiring the division provide administrative
142	support for the board; providing purpose of the board;
143	providing for membership of the board; providing for
144	appointment and confirmation and terms of members;
145	requiring financial disclosure; prohibiting interests in
146	any slot machine licensee or the gambling industry;
147	providing that members are state officers for specified
148	purposes; authorizing per diem and travel expenses;
149	providing for removal of members; providing for
150	organization and meetings of the board; providing powers
151	and duties of the board; authorizing the board to receive
152	certain information and testimony; providing for
153	evaluations, recommendations, and reports; directing the
154	division to provide the board with certain proposed rules
155	for review and response; requiring the board to prepare an
156	annual report to be submitted to the Governor and
157	Legislature; providing for content of the report;
158	directing the Office of Program Policy Analysis and
159	Government Accountability to conduct an annual performance
160	audit of the board, the division, and slot machine
161	licensees; providing for content of the audit; directing
162	that office to submit the audit's findings and
163	recommendations to the Governor and the Legislature;
164	requiring the chief law enforcement officer of certain
165	counties and municipalities to annually execute and
166	transmit to the board an affidavit relating to certain
167	funding; requiring the governing body of certain counties
168	and municipalities and tourist development councils to
169	annually adopt and transmit to the board a resolution
170	relating to the operations of slot machine gaming;
171	authorizing other governing bodies to transmit such a
172	resolution to the board; providing for the Mental Health
173	Program Office within the Department of Children and
174	Family Services to establish a compulsive gambling program
175	in conjunction with the Department of Education; amending
176	s. 849.15, F.S.; providing for transportation of certain
177	gaming devices in accordance with federal law; amending s.
178	895.02, F.S.; providing that specified violations related
179	to slot machine gaming constitute racketeering activity;
180	providing that certain debt incurred in violation of
181	specified provisions relating to slot machine gaming
182	constitutes unlawful debt; requiring slot machine
183	licensees to pay a percentage of slot machine revenues to
184	a municipality under specified conditions; providing an
185	effective date.
186
187	Be It Enacted by the Legislature of the State of Florida:
188
189	Section 1.  This act may be cited as the "Keep The Promise
190	Act of 2005."
191	Section 2.  Subsection (2) of section 20.165, Florida
192	Statutes, is amended to read:
193	20.165  Department of Business and Professional
194	Regulation.--There is created a Department of Business and
195	Professional Regulation.
196	(2)  The following divisions of the Department of Business
197	and Professional Regulation are established:
198	(a)  Division of Administration.
199	(b)  Division of Alcoholic Beverages and Tobacco.
200	(c)  Division of Certified Public Accounting.
201	1.  The director of the division shall be appointed by the
202	secretary of the department, subject to approval by a majority
203	of the Board of Accountancy.
204	2.  The offices of the division shall be located in
205	Gainesville.
206	(d)  Division of Florida Land Sales, Condominiums, and
207	Mobile Homes.
208	(e)  Division of Hotels and Restaurants.
209	(f)  Division of Pari-mutuel Wagering.
210	(g)  Division of Professions.
211	(h)  Division of Real Estate.
212	1.  The director of the division shall be appointed by the
213	secretary of the department, subject to approval by a majority
214	of the Florida Real Estate Commission.
215	2.  The offices of the division shall be located in
216	Orlando.
217	(i)  Division of Regulation.
218	(j)  Division of Slot Machines.
219	(k)  Division of Technology, Licensure, and Testing.
220	Section 3.  Chapter 551, Florida Statutes, consisting of
221	sections 551.101, 551.103, 551.105, 551.107, 551.1073, 551.1075
222	551.108, 551.1091, 551.1111, 551.1113, 551.1115, 551.1119,
223	551.121, 551.125, 551.20, 551.202, 551.204, 551.25, 551.30,
224	551.33, 551.34, 551.341, and 551.40, is created to read:
225	CHAPTER 551
226	SLOT MACHINES
227	551.101  Slot machine gaming authorized.--Any existing,
228	licensed pari-mutuel facility located in Miami-Dade County or
229	Broward County at the time of adoption of s. 23, Art. X of the
230	State Constitution that has conducted live racing or games
231	during calendar years 2002 and 2003 may possess slot machines
232	and conduct slot machine gaming at the location where the pari-
233	mutuel permitholder is authorized to conduct pari-mutuel
234	wagering activities pursuant to such permitholder's valid pari-
235	mutuel permit or as otherwise authorized by law provided a
236	majority of voters in a countywide referendum have approved the
237	possession of slot machines at such facility in the respective
238	county. Notwithstanding any other provision of law, it is not a
239	crime for a person to participate in slot machine gaming at a
240	pari-mutuel facility licensed to possess slot machines and
241	conduct slot machine gaming.
242	551.103  Definitions.--As used in this chapter, unless the
243	context clearly requires otherwise, the term:
244	(1)  "Board" means the State Slot Machine Gaming Board.
245	(2)  "Department" means the Department of Business and
246	Professional Regulation.
247	(3)  "Designated slot machine gaming area" means the area
248	of a facility of a slot machine licensee in which slot machine
249	gaming may be conducted in accordance with the provisions of
250	this chapter.
251	(4)  "Division" means the Division of Slot Machines of the
252	Department of Business and Professional Regulation.
253	(5)  "Slot machine" means a gaming device, whether or not
254	mechanical, electronic, computerized, or other technological
255	aids are used, that offers wagering on the game of bingo as
256	defined in s. 849.0931, is owned by the slot machine licensee,
257	and is capable of being linked to a centralized computer
258	management system for regulating, managing, and auditing the
259	operation, financial data, and program information, as required
260	by the division. A slot machine may be activated by insertion of
261	a coin, bill, ticket, token, or similar object or upon payment
262	of any consideration whatsoever, including the use of any
263	electronic payment system except a credit card or debit card and
264	may entitle the person playing or operating the machine to
265	receive or may deliver to the person cash, billets, tickets,
266	tokens, or electronic credits to be exchanged for cash.
267	Notwithstanding any other provision of law, in the event that
268	any tribal casino operating in the state offers for play or
269	otherwise becomes entitled by law or tribal compact to offer
270	electronic video gaming in the form of a Class III electronic
271	video gaming device, as defined by the Indian Gaming Regulatory
272	Act and the rules and regulations promulgated thereunder, the
273	term "slot machine" shall also encompass any such electronic
274	gaming device for the purposes of this chapter.
275	(6)  "Mechanical, electronic, computerized, or other
276	technological aids" means any machine or device that assists a
277	player or the playing of a bingo game as defined in s. 849.0931
278	and broadens participation by allowing multiple players at one
279	slot machine facility to play with or against each other in a
280	bingo game for a common prize or prizes. Such aids may use
281	alternative displays, including, but not limited to, a
282	simulation of spinning reels, to illustrate aspects of the game
283	of bingo such as when a player joins the game or when prizes
284	have been awarded, as long as such aid continuously and
285	prominently displays the electronic bingo card so that it is
286	apparent that the player is actually engaged in the play of
287	bingo. Such aids shall not:
288	(a)  Determine or change the outcome of any game of bingo;
289	(b)  Be an electronic or electromechanical facsimile that
290	replicates a game of bingo; or
291	(c)  Allow players to play with or against the machine or
292	house for a prize.
293	(7)  "Electronic or electromechanical facsimile" means a
294	game played in an electronic or electromechanical format that
295	replicates a game of chance by incorporating all of the
296	characteristics of the game, except when, for bingo, the
297	electronic or electromechanical format broadens participation by
298	allowing multiple players to play with or against each other
299	rather than with or against a machine.
300	(8)  "Slot machine licensee" means a pari-mutuel
301	permitholder who holds a license issued by the division pursuant
302	to this chapter which authorizes such person to possess a slot
303	machine within facilities specified in s. 23, Art. X of the
304	State Constitution and allows slot machine gaming.
305	(9)  "Slot machine revenues" means the total of all cash
306	and property received by the slot machine licensee from slot
307	machine gaming operations less the amount of cash, cash
308	equivalents, credits, and prizes paid to winners of slot machine
309	gaming.
310	551.105  Division of Slot Machines; powers and duties.--
311	(1)  The division shall adopt, pursuant to the provisions
312	of ss. 120.536 and 120.54, all rules necessary to implement,
313	administer, and regulate slot machine gaming as authorized in
314	this chapter. Such rules shall include:
315	(a)  Procedures for applying for a license and renewal of a
316	license.
317	(b)  Establishing technical requirements in addition to the
318	qualifications which shall be necessary to receive a slot
319	machine license or slot machine occupational license.
320	(c)  Procedures relating to slot machine revenues,
321	including verifying and accounting for such revenues, auditing,
322	and collecting taxes and fees consistent with this chapter.
323	(d)  Procedures for regulating, managing, and auditing the
324	operation, financial data, and program information relating to
325	slot machines through a centralized computer management system.
326	(e)  Requiring each licensee at his or her own cost and
327	expense to supply the division with a bond with the penal sum of
328	$2 million payable to the Governor and his or her successors in
329	office for the licensee's first year of slot machine operations;
330	and, thereafter, the licensee shall file a bond with the penal
331	sum as determined by the division pursuant to rules promulgated
332	to approximate anticipated state revenues from the licensee's
333	slot machine operations, but in no case shall the bond be less
334	than $2 million. Any bond shall be issued by a surety or
335	sureties to be approved by the division and the Chief Financial
336	Officer, conditioned to faithfully make the payments to the
337	Chief Financial Officer in his or her capacity as treasurer of
338	the division. The licensee shall be required to keep its books
339	and records and make reports as provided in this chapter and to
340	conduct its slot machine operations in conformity with this
341	chapter and all other provisions of law. The division may review
342	the bond for adequacy and require adjustments each fiscal year.
343	Such bond shall be separate and distinct from the bond required
344	in s. 550.125.
345	(f)  Requiring licensees to maintain specified records and
346	submit any data, information, record, or report, including
347	financial and income records, required by this chapter or
348	determined by the division to be necessary to the proper
349	implementation and enforcement of this chapter.
350	(g)  Requiring that the payout percentage of a slot machine
351	shall be no less than 85 percent or more than 93 percent per
352	facility.
353	(2)(a)  For the purpose of enforcement of paragraphs
354	(1)(c), (d), (f), and (g), the division shall require every
355	authorized slot machine in use at a licensed premise to be
356	equipped with an electronic data collection and reporting system
357	that is capable of reporting on a real-time basis to the
358	division, or any other state agency so designated, the record of
359	each play, the amount of money of each play, and all payouts
360	made therefrom for the purposes of accurate reporting of all
361	taxes which may be due to the state and for such other purposes
362	as the division may designate.
363	(b)  The division shall consult with the Department of
364	Revenue and may enter into a contract or interagency service
365	agreement with the Department of Revenue or may contract with
366	private providers to accomplish the most cost-effective method
367	of developing and maintaining the centralized computer
368	management reporting and taxing system under this section.
369	(3)  The division shall conduct such investigations that
370	the division determines necessary to fulfill its
371	responsibilities under the provisions of this chapter.
372	(4)  The division shall investigate criminal violations of
373	this chapter and may investigate any other criminal violation of
374	law occurring on the facilities of a slot machine licensee, and
375	such investigations may be conducted in conjunction with the
376	appropriate state attorney and appropriate law enforcement
377	agencies. The division and its employees and agents shall have
378	such other law enforcement powers as specified in ss. 943.04 and
379	943.10.
380	(5)  The division shall have unrestricted access to the
381	slot machine licensee facility at all times and shall require of
382	each slot machine licensee strict compliance with the laws of
383	this state relating to the transaction of such business. The
384	division:
385	(a)  May inspect and examine premises where slot machines
386	are offered for play.
387	(b)  May inspect slot machines and related equipment and
388	supplies.
389	(c)  May collect taxes, assessments, fees, and penalties.
390	(d)  May deny, revoke, suspend, or place conditions on the
391	license of a person who violates any provision of this chapter
392	or rule adopted pursuant thereto.
393	(6)  The division shall revoke or suspend the license of
394	any person who is no longer qualified or who is found, after
395	receiving a license, to have been unqualified at the time of
396	application for the license.
397	(7)  Nothing in this section shall be construed to:
398	(a)  Prohibit any law enforcement authority whose
399	jurisdiction includes a slot machine licensee facility from
400	conducting criminal investigations occurring on the facilities
401	of the slot machine licensee;
402	(b)  Restrict access to the slot machine licensee facility
403	by any local law enforcement authority whose jurisdiction
404	includes the slot machine licensee facility; or
405	(c)  Restrict access to information and records necessary
406	to the investigation of criminal activity that is contained
407	within the slot machine licensee facility by local law
408	enforcement authorities.
409	551.107  License to conduct slot machine gaming.--
410	(1)  Upon application and a finding by the division after
411	investigation that the application is complete and the applicant
412	is qualified, and payment of the initial license fee the
413	division shall issue a license to conduct slot machine gaming in
414	the designated slot machine gaming area of the slot machine
415	licensee's facility. Once licensed, slot machine gaming may be
416	conducted subject to the requirements of this chapter and rules
417	adopted pursuant thereto.
418	(2)  An application may be approved by the division only
419	after the voters of the county where the applicant's facility is
420	located have authorized by referendum slot machines within pari-
421	mutuel facilities in that county as specified in s. 23, Art. X
422	of the State Constitution.
423	(3)  A slot machine license may only be issued to a
424	licensed pari-mutuel permitholder and slot machine gaming may
425	only be conducted at the same facility at which the permitholder
426	is authorized under its valid pari-mutuel wagering permit to
427	conduct pari-mutuel wagering activities.
428	(4)  As a condition of licensure and to maintain continued
429	authority for the conduct of slot machine gaming the slot
430	machine licensee shall:
431	(a)  Continue to be in compliance with this chapter.
432	(b)  Continue to be in compliance with chapter 550, where
433	applicable, and maintain the pari-mutuel permit and license in
434	good standing pursuant to the provisions of chapter 550.
435	Notwithstanding any contrary provision of law and in order to
436	expedite the operation of slot machines at eligible facilities,
437	any eligible facility shall be entitled within 60 days after the
438	effective date of this act to amend its 2005-2006 license issued
439	by the Division of Pari-mutuel Wagering and shall be granted the
440	requested changes in its authorized performances pursuant to
441	such amendment. The Division of Pari-mutuel Wagering shall issue
442	a new license to the eligible facility to effectuate an
443	amendment.
444	(c)  Conduct no fewer than the greater number of live races
445	or games that were conducted at that pari-mutuel facility in
446	calendar year 2002 or calendar year 2003. However, when a
447	permitholder fails to conduct such number of live races or
448	games, that number of live races or games shall be reduced by
449	the number of races or games which could not be conducted due to
450	the direct result of fire, war, or other disaster or event
451	beyond the ability of the permitholder to control.
452	(d)  Upon approval of any changes relating to the pari-
453	mutuel permit by the Division of Pari-mutuel Wagering in the
454	Department of Business and Professional Regulation, be
455	responsible for providing appropriate current and accurate
456	documentation on a timely basis to the division in order to
457	continue the slot machine license in good standing.
458	(e)  Allow unrestricted access and right of inspection by
459	the division to facilities of a slot machine licensee in which
460	any activity relative to the conduct of slot machine gaming is
461	conducted.
462	(f)  Submit a security plan, including a slot machine floor
463	plan, location of security cameras, and the listing of security
464	equipment which shall be capable of observing and electronically
465	recording activities being conducted in the designated slot
466	machine gaming area.
467	(5)  A slot machine license shall not be transferable.
468	(6)  A slot machine licensee may make available for play up
469	to 3,000 slot machines within its designated slot machine gaming
470	areas.
471	551.1073  Slot machine license renewal.--
472	(1)  Slot machine licenses shall be renewed annually. The
473	application for renewal shall contain all revisions to the
474	information submitted in the prior year's application that are
475	necessary to maintain such information as both accurate and
476	current.
477	(2)  The applicant for renewal shall attest that any
478	information changes do not affect the applicant's qualifications
479	for license renewal.
480	(3)  The applicant shall submit information required by ss.
481	551.30 and be in compliance with rules adopted by the division.
482	(4)  Upon determination by the division that the
483	application for renewal is complete and qualifications have been
484	met, including payment of the renewal fee, the slot machine
485	license shall be renewed annually.
486	551.1075  Payment of taxes; determination and certification
487	of payment of state and local taxes.--
488	(1)  Any domestic or foreign corporation holding a slot
489	machine license must have applied for and been issued a
490	certificate of status by the Department of State evidencing
491	conclusively that the corporation is in existence and authorized
492	to do business in this state.
493	(2)  As a condition for license renewal and for
494	continuation of a license in good standing, the division may
495	determine whether the slot machine licensee has failed to pay
496	all taxes due to the division as a result of the licensee's
497	pari-mutuel and slot machine gaming operations. If the division
498	determines that the slot machine licensee is delinquent in the
499	payment of any such tax, it shall revoke, suspend, or refuse to
500	renew the license of the slot machine licensee.
501	(3)  On or before July 31 of each fiscal year, the
502	Department of Revenue shall certify to the Governor that a
503	corporation or other business entity or an individual holding a
504	slot machine license is current and in good standing in regard
505	to the payment of all state or local taxes due and payable to
506	the Department of Revenue or to an applicable local jurisdiction
507	for the prior fiscal year. If the Department of Revenue does not
508	certify that a licensee is current and in good standing, the
509	division shall revoke, suspend, or refuse to renew the license
510	of a slot machine licensee.
511	551.108  License fee; machine tax; tax rate.--
512	(1)  LICENSE FEE.--
513	(a)  Upon approval of the application for a slot machine
514	license, the licensee must pay to the division an initial
515	license fee of $2.5 million. The license fee shall be paid
516	annually upon renewal of the slot machine license and shall be
517	deposited into the Slot Machine Administrative Trust Fund in the
518	Department of Business and Professional Regulation for the
519	regulation of slot machine gaming under this chapter.
520	(b)  Prior to January 1, 2006, the division shall evaluate
521	the license fee and, in consultation with the board, shall make
522	recommendations to the President of the Senate and the Speaker
523	of the House of Representatives. The recommendations shall focus
524	on the optimum level of slot machine license fees or a
525	combination of fees in order to properly support the slot
526	machine regulatory program.
527	(2)  LOCAL EDUCATION SUPPLEMENTAL SLOT MACHINE TAX.--
528	(a)  On January 1 of each year, an annual tax of $1,500 per
529	machine shall be imposed upon each slot machine approved for use
530	at any slot machine licensee's facility. The slot machine
531	licensee shall, on or before March 1 of each year, pay the total
532	amount of such tax to the division. The division shall deposit
533	any tax imposed pursuant to this subsection in the Educational
534	Enhancement Trust Fund in the Department of Education on or
535	before July 1 of each year. The Department of Education shall,
536	on or before August 1 of each year, forward to the school
537	district where a slot machine licensee is located any tax
538	revenues collected from such slot machine licensee pursuant to
539	this subsection. The school district shall use such revenues to
540	pay additional:
541	1.  Supplemental public education instruction expenses;
542	2.  Classroom and school facilities construction expenses;
543	3.  School safety expenses; or
544	4.  Educational infrastructure expenses.
545
546	All expenses under this paragraph must have been incurred as a
547	direct result of the slot machine licensee's operation of slot
548	machines in the school district during the immediately preceding
549	school year.
550	(b)  On or before June 30 of each year following a school
551	district's receipt of tax revenues, the Department of Education
552	shall conduct an independent audit for purposes of confirming
553	the amount of any additional expenses to the school district
554	that are attributable to such district as a direct result of the
555	slot machine licensee's operations of slot machines in the
556	school district during the immediately preceding school year.
557	The amount of the tax revenues received from a slot machine
558	licensee pursuant to this section in excess of the amount of any
559	such additional direct expenses, as determined by the Department
560	of Education audit, shall be returned to the Educational
561	Enhancement Trust Fund within 90 days after the audit becomes
562	final.
563	(3)  TAX ON SLOT MACHINE REVENUES.--
564	(a)  The tax rate on slot machine revenues at each facility
565	shall be:
566	1.  Thirty-five percent on revenue of $100 million or less;
567	2.  Forty percent on revenue greater than $100 million, but
568	less than or equal to $200 million; and
569	3.  Forty-five percent on all revenue greater than $200
570	million.
571	(b)  The tax shall be collected on a daily basis and
572	deposited unallocated into the Educational Enhancement Trust
573	Fund in the Department of Education.
574	(c)  The division shall notify the eligible facility
575	concerning the appropriate tax rate to apply to the slot machine
576	revenues.
577	(4)  PAYMENT PROCEDURES.--Tax payments shall be remitted
578	daily, as determined by rule of the division. The slot machine
579	licensee shall file a report under oath by the 5th day of each
580	calendar month for all taxes remitted during the preceding
581	calendar month that shall show all slot machine activities for
582	the preceding calendar month and such other information as may
583	be required by the division.
584	(5)  FAILURE TO PAY TAX; PENALTIES.--A slot machine
585	licensee who fails to make tax payments as required under this
586	section shall be subject to an administrative penalty of up to
587	$1,000 for each day the tax payment is not remitted. All
588	administrative penalties imposed and collected shall be
589	deposited into the Slot Machine Administrative Trust Fund in the
590	Department of Business and Professional Regulation. If any slot
591	machine licensee fails to pay penalties imposed by order of the
592	division under this subsection, the division may suspend,
593	revoke, or fail to renew the license of the slot machine
594	licensee.
595	(6)  FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR
596	REFUSE TO RENEW THE LICENSE.--In addition to the penalties
597	imposed under subsection (5), any willful or wanton failure by a
598	slot machine licensee to make payments of the tax constitutes
599	sufficient grounds for the division to suspend, revoke, or
600	refuse to renew the license of the slot machine licensee.
601	(7)  SUBMISSION OF FUNDS.--The division may require slot
602	machine licensees to remit taxes, fees, fines, and assessments
603	by electronic funds transfer.
604	551.1091  Occupational license required; application;
605	fee.--
606	(1)  The individuals and entities that are licensed under
607	this section require heightened state scrutiny, including the
608	submission by the individual licensees or persons associated
609	with the entities described in this chapter of fingerprints for
610	a criminal records check.
611	(2)(a)  The following licenses shall be issued to persons
612	or entities with access to the designated slot machine gaming
613	area or to persons who, by virtue of the position they hold,
614	might be granted access to these areas or to any other person or
615	entity in one of the following categories.
616	1.  General occupational licenses for general employees,
617	food service, maintenance, and other similar service and support
618	employees with access to the designated slot machine gaming
619	area. Service and support employees with a current pari-mutuel
620	occupational license issued pursuant to chapter 550 and a
621	current background check are not required to submit to an
622	additional background check for a slot machine occupational
623	license as long as the pari-mutuel occupational license remains
624	in good standing.
625	2.  Professional occupational licenses for any person,
626	proprietorship, partnership, corporation, or other entity that
627	is authorized by a slot machine licensee to manage, oversee, or
628	otherwise control daily operations as a slot machine manager,
629	floor supervisor, security personnel, or any other similar
630	position of oversight of gaming operations.
631	3.  Business occupational licenses for any slot machine
632	management company or slot machine business associated with slot
633	machine gaming or a person who manufactures, distributes, or
634	sells slot machines, slot machine paraphernalia, or other
635	associated equipment to slot machine licensees or any person not
636	an employee of the slot machine licensee who provides
637	maintenance, repair, or upgrades or otherwise services a slot
638	machine or other slot machine equipment.
639	(b)  Slot machine occupational licenses are not
640	transferable.
641	(3)  A slot machine licensee shall not employ or otherwise
642	allow a person to work at a slot machine facility unless such
643	person holds a valid occupational license. A slot machine
644	licensee shall not contract or otherwise do business with a
645	business required to hold a slot machine occupational license
646	unless the business holds such a license. A slot machine
647	licensee shall not employ or otherwise allow a person to work in
648	a supervisory or management professional level at a slot machine
649	facility unless such person holds a valid occupational license.
650	(4)(a)  A person seeking a slot machine occupational
651	license, or renewal thereof, shall make application on forms
652	prescribed by the division and include payment of the
653	appropriate application fee. Initial and renewal applications
654	for slot machine occupational licenses shall contain all the
655	information the division, by rule, may determine is required to
656	ensure eligibility.
657	(b)  The division shall establish, by rule, a schedule for
658	the annual renewal of slot machine occupational licenses.
659	(c)  Pursuant to rules adopted by the division, any person
660	may apply for and, if qualified, be issued an occupational
661	license valid for a period of 3 years upon payment of the full
662	occupational license fee for each of the 3 years for which the
663	license is issued. The occupational license shall be valid
664	during its specified term at any slot machine facility where
665	slot machine gaming is authorized to be conducted.
666	(d)  The slot machine occupational license fee for initial
667	application and annual renewal shall be determined by rule of
668	the division but shall not exceed $50 for a general or
669	professional occupational license for an employee of the slot
670	machine licensee or $1,000 for a business occupational license
671	for nonemployees of the licensee providing goods or services to
672	the slot machine licensee. License fees for general occupational
673	licensees shall be paid for by the slot machine licensee.
674	Failure to pay the required fee shall be grounds for
675	disciplinary action by the division against the slot machine
676	license but shall not be considered a violation of this chapter
677	or rules of the division by the general occupational licensee or
678	a prohibition against the issuance of the initial or the renewal
679	of the general occupational license.
680	(5)  If the state gaming commission or other similar
681	regulatory authority of another state or jurisdiction extends to
682	the division reciprocal courtesy to maintain disciplinary
683	control, the division may:
684	(a)  Deny an application for or revoke, suspend, or place
685	conditions or restrictions on a license of a person or entity
686	who has been refused a license by any other state gaming
687	commission or similar authority; or
688	(b)  Deny an application for or suspend or place conditions
689	on a license of any person or entity who is under suspension or
690	has unpaid fines in another jurisdiction.
691	(6)(a)  The division may deny, suspend, revoke, or declare
692	ineligible any occupational license if the applicant for or
693	holder thereof has violated the provisions of this chapter or
694	the rules of the division governing the conduct of persons
695	connected with slot machine gaming. In addition, the division
696	may deny, suspend, revoke, or declare ineligible any
697	occupational license if the applicant for such license has been
698	convicted in this state, in any other state, or under the laws
699	of the United States of a capital felony, a felony, or an
700	offense in any other state which would be a felony under the
701	laws of this state involving arson; trafficking in, conspiracy
702	to traffic in, smuggling, importing, conspiracy to smuggle or
703	import, or delivery, sale, or distribution of a controlled
704	substance; or a crime involving a lack of good moral character,
705	or has had a slot machine gaming license revoked by this state
706	or any other jurisdiction for an offense related to slot machine
707	gaming.
708	(b)  The division may deny, declare ineligible, or revoke
709	any occupational license if the applicant for such license or
710	the licensee has been convicted of a felony or misdemeanor in
711	this state, in any other state, or under the laws of the United
712	States, if such felony or misdemeanor is related to gambling or
713	bookmaking as contemplated in s. 849.25.
714	(7)  Fingerprints for all slot machine occupational license
715	applications shall be taken in a manner approved by the division
716	and shall be submitted to the Florida Department of Law
717	Enforcement and the Federal Bureau of Investigation for a level
718	II criminal records check upon initial application and every 5
719	years thereafter. The division may by rule require an annual or
720	less frequent records check not to exceed every 5 years of all
721	renewal applications for a slot machine occupational license.
722	The cost of processing fingerprints and conducting a records
723	check shall be borne by the applicant.
724	(8)  All moneys collected pursuant to this section shall be
725	deposited into the Slot Machine Administrative Trust Fund.
726	551.1111  Prohibited relationships.--
727	(1)  A person employed by or performing any function on
728	behalf of the division or the board shall not:
729	(a)  Be an officer, director, owner, or employee of any
730	person or entity licensed by the division.
731	(b)  Have or hold any interest, direct or indirect, in or
732	engage in any commerce or business relationship with any person
733	licensed by the division.
734	(2)  A manufacturer or distributor of slot machines shall
735	not enter into any contract with a slot machine licensee that
736	provides for any revenue sharing of any kind or nature that is,
737	directly or indirectly, calculated on the basis of a percentage
738	of slot machine revenues. Any maneuver, shift, or device whereby
739	this provision is violated shall be a violation of this chapter
740	and shall render any such agreement void.
741	(3)  A manufacturer or distributor of slot machines or any
742	equipment necessary for the operation of slot machines or an
743	officer, director, or employee of any such manufacturer or
744	distributor shall not have any ownership or financial interest
745	in a slot machine license or in any business owned by the slot
746	machine licensee.
747	551.1113  False statements; skimming of slot machine
748	proceeds; cheating; theft; arrest and recovery; penalties.--
749	(1)  Any person who intentionally makes or causes to be
750	made or aids, assists, or procures another to make a false
751	statement in any report, disclosure, application, or any other
752	document required under this chapter or any rule adopted under
753	this chapter commits a misdemeanor of the first degree,
754	punishable as provided in s. 775.082 or s. 775.083.
755	(2)  Any person who intentionally excludes, or takes any
756	action in an attempt to exclude, anything or its value from the
757	deposit, counting, collection, or computation of revenues from
758	slot machine activity or any person who by trick or sleight of
759	hand performance, or by a fraud or fraudulent scheme, or device,
760	for himself or herself or for another, wins or attempts to win
761	money or property or a combination thereof or reduces a losing
762	wager or attempts to reduce a losing wager in connection with
763	slot machine gaming commits a felony of the third degree,
764	punishable as provided in s. 775.082, s. 775.083, or. 775.084.
765	(a)  Any law enforcement officer or slot machine operator
766	who has probable cause to believe that a violation of this
767	subsection has been committed by a person and that the officer
768	or operator can recover the lost proceeds from such activity by
769	taking the person into custody may, for the purpose of
770	attempting to effect such recovery or for prosecution, take the
771	person into custody on the premises and detain the person in a
772	reasonable manner and for a reasonable period of time. If the
773	operator takes the person into custody, a law enforcement
774	officer shall be called to the scene immediately. The taking
775	into custody and detention by a law enforcement officer or slot
776	machine operator, if done in compliance with this subsection,
777	does not render such law enforcement officer or slot machine
778	operator criminally or civilly liable for false arrest, false
779	imprisonment, or unlawful detention.
780	(b)  Any law enforcement officer may arrest, either on or
781	off the premises and without warrant, any person if there is
782	probable cause to believe that person has violated this
783	subsection.
784	(c)  Any person who resists the reasonable effort of a law
785	enforcement officer or slot machine operator to recover the lost
786	slot machine proceeds that the law enforcement officer or slot
787	machine operator had probable cause to believe had been stolen
788	from the eligible facility, and who is subsequently found to be
789	guilty of violating this subsection, commits a misdemeanor of
790	the first degree, punishable as provided in s. 775.082 or s.
791	775.083, unless such person did not know or did not have reason
792	to know that the person seeking to recover the lost proceeds was
793	a law enforcement officer or slot machine operator. For purposes
794	of this section, the charge of theft and the charge of resisting
795	apprehension may be tried concurrently.
796	(d)  Theft of any slot machine proceeds or of property
797	belonging to the slot machine operator or eligible facility by
798	an employee of the operator or facility or by an employee of a
799	person, firm, or entity that has contracted to provide services
800	to the establishment constitutes a felony of the third degree,
801	punishable as provided in s. 775.082 or s. 775.083.
802	551.1115  Slot machines; authorization.--Notwithstanding
803	any provision of law to the contrary, no slot machine
804	manufactured, sold, distributed, possessed, or operated
805	according to the provisions of this chapter shall be considered
806	unlawful.
807	551.1119  Facilities of slot machine licensees.--
808	(1)  In addition to the power to exclude certain persons
809	from any facility of a slot machine licensee in this state, the
810	division may exclude any person from any facility of a slot
811	machine licensee in this state for conduct that would
812	constitute, if the person were a licensee, a violation of this
813	chapter or the rules of the division. The division may exclude
814	from any facility of a slot machine licensee any person who has
815	been ejected from a facility of a slot machine licensee in this
816	state or who has been excluded from any facility of a slot
817	machine licensee or gaming facility in another state by the
818	governmental department, agency, commission, or authority
819	exercising regulatory jurisdiction over the gaming in such other
820	state.
821	(2)  This section shall not be construed to abrogate the
822	common law right of a slot machine licensee to exclude a patron
823	absolutely in this state.
824	(3)  The division shall require the posting of signs in the
825	designated slot machine gaming areas warning of the risks and
826	dangers of gambling, showing the odds of winning, and informing
827	patrons of the toll-free telephone number available to provide
828	information and referral services regarding compulsive or
829	problem gambling.
830	(4)  The division shall require slot machine licensees to
831	provide in the designated slot machine gaming area facilities
832	and equipment sufficient to allow the observation of and
833	wagering on live, intertrack, and simulcast races and games.
834	551.121  Minors prohibited from playing slot machines.--
835	(1)  A slot machine licensee or agent or employee of a slot
836	machine licensee shall not:
837	(a)  Allow a person who has not attained 21 years of age to
838	play any slot machine.
839	(b)  Allow a person who has not attained 21 years of age
840	access to the designated slot machine gaming area of a facility
841	of a slot machine licensee.
842	(c)  Allow a person who has not attained 21 years of age to
843	be employed in any position allowing or requiring access to the
844	designated slot machine gaming area of a facility of a slot
845	machine licensee.
846	(2)  No person licensed under this chapter, or any agent or
847	employee of a licensee under this chapter, shall intentionally
848	allow a person who has not attained 21 years of age to play or
849	operate a slot machine or have access to the designated slot
850	machine area of a facility of a slot machine licensee.
851	551.125  Prohibited activities and devices.--
852	(1)  No complimentary alcoholic beverages shall be served
853	to patrons within the designated slot machine gaming areas.
854	(2)  A slot machine licensee shall not make any loan or
855	provide credit or advance cash to enable a person to play a slot
856	machine.
857	(3)  A slot machine licensee shall not allow any automated
858	teller machine or similar device designed to provide credit or
859	dispense cash to be located within 50 feet of a designated slot
860	machine gaming area within the facilities of the slot machine
861	licensee.
862	551.20  Days and hours of operation.--Slot machine gaming
863	areas may be open 365 days a year. The slot machine gaming areas
864	may be open only from 10:00 a.m. until 2:00 a.m. Sunday through
865	Saturday.
866	551.202  Catering license.--A slot machine licensee is
867	entitled to a caterer's license pursuant to s. 565.02 on days in
868	which the pari-mutuel facility is open to the public for slot
869	machine game play as authorized by this chapter.
870	551.204  Purchasing and employment by slot machine
871	licensee.--
872	(1)  The slot machine licensee shall maintain a policy of
873	making purchases from vendors in this state.
874	(2)  The slot machine licensee shall maintain a policy of
875	awarding preference in employment to residents of this state, as
876	defined by law.
877	(3)  The slot machine licensee shall use the Internet-based
878	job listing system of the Agency for Workforce Innovation in
879	advertising employment opportunities. Further, each slot machine
880	licensee in its gaming operations shall create equal employment
881	opportunities which shall be implemented in a nondiscriminatory
882	manner in hiring and promoting employees to achieve the full and
883	fair participation of women, Asians, blacks, Hispanics, Native
884	Americans, persons with disabilities, and other protected groups
885	within the city where the pari-mutuel facility is located, and
886	an action plan and programs shall be implemented by each slot
887	machine licensee designed to ensure that the percentage of the
888	minority population in which the pari-mutuel facility is located
889	is considered to the extent minority applications are submitted
890	in equal proportion to the number of jobs open for hiring at
891	entry level, managerial, supervisory, and any other positions,
892	unless there is a bona fide occupational qualification requiring
893	a distinct and unique employment expertise which a minority
894	applicant does not possess.
895	551.25  Penalties for violations by licensee.--The division
896	may revoke or suspend any license issued under this chapter upon
897	the willful violation by the licensee of any provision of this
898	chapter or of any rule adopted under this chapter. In lieu of
899	suspending or revoking a license, the division may impose a
900	civil penalty against the licensee for a violation of this
901	chapter or any rule adopted by the division. Except as otherwise
902	provided in this chapter, the penalty so imposed may not exceed
903	$1,000 for each count or separate offense. All penalties imposed
904	and collected must be deposited into the Slot Machine
905	Administrative Trust Fund in the department.
906	551.30  State Slot Machine Gaming Board.--
907	(1)  CREATION.--
908	(a)  There is created a board known as the State Slot
909	Machine Gaming Board which shall be housed within the division.
910	(b)  The board is not a unit or entity of state government.
911	However, the board is subject to the provisions of s. 24, Art. I
912	of the State Constitution and chapter 119, relating to public
913	meetings and records and the provisions of chapter 286 relating
914	to public meetings and records.
915	(c)  The principal office of the board shall be in
916	Tallahassee; however, the board may conduct meetings in any
917	county where slot machine gaming is authorized to be conducted.
918	(d)  The board shall hire or contract for all staff
919	necessary for the proper execution of its powers and duties
920	within the funds appropriated to implement this section and
921	shall comply with the code of ethics for public officers and
922	employees under part III of chapter 112. In no case may the
923	board expend more than its annual appropriation for staffing and
924	necessary administrative expenditures, including, but not
925	limited to, travel and per diem and audit expenditures, using
926	funds appropriated to implement this section. The funds
927	appropriated shall be derived from a portion of the imposition
928	of regulatory fees to offset the costs of regulation.
929	(e)  The division shall provide administrative support to
930	the board as requested by the board. In the event of the
931	dissolution of the board, the division shall be the board's
932	successor in interest and shall assume all rights, duties, and
933	obligations of the board.
934	(2)  PURPOSE.--The board's purpose shall be to provide
935	administrative advisory oversight to the division's regulation
936	of slot machine gaming, monitor the impacts of slot machine
937	gaming in the affected communities and the state as a whole, and
938	ensure that the intent of s. 23, Art. X of the State
939	Constitution is met as it relates to the expenditures of taxes
940	on slot machines to supplement public education.
941	(3)  MEMBERSHIP.--
942	(a)  The board shall consist of nine voting members of high
943	moral character, impeccable reputation, and demonstrable
944	business expertise. No more than two members shall be residents
945	of a county where slot machine gaming is authorized to be
946	conducted. The Governor shall appoint the members of the board.
947	The director of the division shall serve as an ex officio,
948	nonvoting member of the board. Appointment of members of the
949	board shall be confirmed by the Senate.
950	(b)  Each member of the board shall serve for a term of 4
951	years, except that initially the Governor shall appoint three
952	members for a term of 1 year, three members for a term of 2
953	years, and three members for a term of 4 years to achieve
954	staggered terms among the members of the board. A member is not
955	eligible for reappointment to the board, except that a member
956	appointed to an initial term of 1 year or 2 years may be
957	reappointed for an additional term of 4 years and a person
958	appointed to fill a vacancy with 2 years or less remaining on
959	the term may be reappointed for an additional term of 4 years.
960	(c)  The Governor shall fill a vacancy on the board. A
961	vacancy that occurs before the scheduled expiration of the term
962	of the member shall be filled for the remainder of the unexpired
963	term.
964	(d)  Each member of the board who is not otherwise required
965	to file financial disclosure under s. 8, Art. II of the State
966	Constitution or s. 112.3144 shall file disclosure of financial
967	interests under s. 112.3145.
968	(e)  A person may not be appointed to the board if he or
969	she has any direct or indirect interest in any slot machine
970	licensee or any aspect of the gambling industry or any
971	affiliated activities. A person appointed to the board shall be
972	deemed an appointed state officer for the purposes of s.
973	112.313.
974	(f)  Each member of the board shall serve without
975	compensation, but shall receive travel and per diem expenses as
976	provided in s. 112.061 while in the performance of his or her
977	duties.
978	(g)  Each member of the board is accountable for the proper
979	performance of the duties of office, and each member owes a
980	fiduciary duty to the people of the state to ensure that all
981	activities are conducted in furtherance of this section. The
982	Governor may remove a member for malfeasance, misfeasance,
983	neglect of duty, incompetence, permanent inability to perform
984	official duties, unexcused absence from three consecutive
985	meetings of the board, arrest or indictment for a crime that is
986	a felony or a misdemeanor involving theft or moral turpitude, a
987	crime of dishonesty, or pleading nolo contendere to, or being
988	found guilty of, any crime.
989	(4)  ORGANIZATION; MEETINGS.--
990	(a)1.  The board shall annually elect a chairperson and a
991	vice chairperson from among the board's members. The members
992	may, by a vote of five of the nine board members, remove a
993	member from the position of chairperson or vice chairperson
994	prior to the expiration of his or her term as chairperson or
995	vice chairperson. His or her successor shall be elected to serve
996	for the balance of the removed chairperson's or vice
997	chairperson's term.
998	2.  The chairperson is responsible to ensure that records
999	are kept of the proceedings of the board and is the custodian of
1000	all books, documents, and papers filed with the board, the
1001	minutes of meetings of the board, and the official seal of the
1002	board.
1003	(b)1.  The board shall meet upon the call of the
1004	chairperson or at the request of a majority of the members, but
1005	no less than quarterly per calendar year.
1006	2.  A majority of the voting members of the board
1007	constitutes a quorum. Except as otherwise provided in this
1008	section, the board may take official action by a majority vote
1009	of the members present at any meeting at which a quorum is
1010	present. Members may not vote by proxy.
1011	3.  A member of the board may participate in a meeting of
1012	the board by telephone or video conference through which each
1013	member may hear every other member.
1014	(5)  POWERS AND DUTIES.--The board:
1015	(a)  May perform all acts and things necessary or
1016	convenient to carry out the powers expressly granted in this
1017	section.
1018	(b)  May recommend to the division and the Legislature
1019	expenditures from regulatory funds provided by this chapter,
1020	including any necessary administrative expenditures consistent
1021	with its powers, and ways to supplement public education from
1022	taxes collected from slot machine gaming.
1023	(c)  May receive and review reports and financial
1024	documentation provided by the slot machine licensee pursuant to
1025	this chapter to monitor compliance with the provisions of this
1026	chapter.
1027	(d)  May receive testimony and information from law
1028	enforcement officials regarding the impact of slot machine
1029	gaming on criminal activity in and around slot machine
1030	facilities.
1031	(e)  May receive testimony and information from local
1032	governments and tourist development councils regarding the
1033	impact of slot machine gaming on their communities and the
1034	tourism of their respective areas.
1035	(f)  May make recommendations to the division and to the
1036	Office of Program Policy Analysis and Government Accountability
1037	on the performance measures for the regulatory responsibilities
1038	set forth in this chapter.
1039	(g)  May monitor criminal activity in and around the slot
1040	machine facilities in this state and recommend to the
1041	Legislature ways to curb such activity.
1042	(h)  May receive testimony from education officials,
1043	education groups, and the public regarding the expenditures of
1044	taxes received from slot machine gaming and make recommendations
1045	to the Legislature on ways to spend these funds to supplement
1046	public education.
1047	(i)  Shall prepare an annual report as prescribed herein.
1048	(j)  Shall make recommendations to the division on
1049	reporting requirements on slot machine gaming facilities. The
1050	board shall recommend to the division the means, method, and
1051	timing of reporting, at a minimum, in the following areas:
1052	1.  The net number and dollar value of all jobs created,
1053	including the number of jobs held by Florida residents.
1054	2.  The total net amount of revenues generated for state
1055	government from all tax and fee sources related to the slot
1056	machine operation.
1057	3.  The measures taken by the slot machine licensee to
1058	prevent, control, and treat problem gambling.
1059	4.  The operational status and quality of operation of the
1060	slot machine licensee's preslot machine pari-mutuel enterprise.
1061	5.  Documentation of continuing capital reinvestment by the
1062	slot machine licensee for the economic benefit of the community.
1063	6.  Information relating to all complaints and charges of
1064	violations by a slot machine facility constituting a nuisance
1065	and the outcome of such charges.
1066	7.  A detailed summary of all lobbying activities conducted
1067	by or on behalf of the slot machine licensee, including the
1068	amount and source of funds expended.
1069	(6)  REVIEW OF RULES.--The division shall provide a copy of
1070	any proposed rules to the board and allow sufficient time for
1071	review and response by the board. Emergency rules shall not be
1072	subject to this requirement.
1073	(7)  ANNUAL REPORT.--By December 1 of each year, the board
1074	shall prepare a report of the activities and outcomes under this
1075	section for the preceding fiscal year. The report, at a minimum,
1076	must include:
1077	(a)  A description of the activities of the board and slot
1078	machine licensees and a description of the substance of reports
1079	required for submission by the licensee to the board.
1080	(b)  A description of the public testimony received by the
1081	board.
1082	(c)  A description of any resolutions from county or
1083	municipal governments or tourist development councils or
1084	affidavits from law enforcement officials received by the board.
1085	(d)  Information on the number and salary level of jobs
1086	created by each of the slot machine licensees, including the
1087	number and salary level of jobs created for residents of this
1088	state.
1089	(e)  Information collected, if any, on the amount and
1090	nature of economic activity generated through the slot machine
1091	operations-related activities of each of the slot machine
1092	licensees.
1093	(f)  A compliance and financial audit of the accounts and
1094	records of the board at the end of the preceding fiscal year
1095	conducted by the division.
1096	(g)  A description of any recommendations made to the
1097	division or the Legislature by the board consistent with its
1098	grant of authority herein.
1099
1100	The board shall submit the report to the Governor, the President
1101	of the Senate, and the Speaker of the House of Representatives.
1102	(8)  OFFICE OF PROGRAM POLICY ANALYSIS AND GOVERNMENT
1103	ACCOUNTABILITY; PROGRAM EVALUATION.--
1104	(a)  Before January 1, 2008, and annually thereafter, the
1105	Office of Program Policy Analysis and Government Accountability
1106	shall conduct a performance audit of the board, the division,
1107	and slot machine licensees relating to the provisions of this
1108	chapter. The audit shall assess the implementation and outcomes
1109	of activities under this chapter. The audit shall include an
1110	evaluation of reports and financial documentation provided to
1111	the board under paragraphs (5)(c)-(e) by the slot machine
1112	licensee, law enforcement officials, local governments, and
1113	tourist development councils, and reports provided to the board
1114	under paragraph (5)(j) including documentation of continuing
1115	capital reinvestment by the slot machine licensee and
1116	information relating to violations by a slot machine facility
1117	constituting a nuisance. At a minimum, the audit shall address:
1118	1.  Performance of the slot machine licensees in operating
1119	slot machine gaming and complying with the rules under this
1120	chapter.
1121	2.  Performance of the board under this chapter.
1122	3.  Compliance by the board with the provisions of this
1123	section and the provisions of the rules.
1124	4.  Economic activity generated through slot machine
1125	operations by the slot machine licensees.
1126	5.  The expenditure of slot machine taxes and whether these
1127	expenditures supplemented or supplanted public education
1128	dollars.
1129	(b)  A report of each audit's findings and recommendations
1130	shall be submitted to the Governor, the President of the Senate,
1131	and the Speaker of the House of Representatives.
1132	551.33  Law enforcement affidavits.--The chief law
1133	enforcement officer of any county or municipality where a slot
1134	machine licensee is authorized to conduct slot machine gaming at
1135	a pari-mutuel facility and the chief law enforcement officer of
1136	any municipality contiguous to a municipality where such slot
1137	machine licensee is authorized to conduct slot machine gaming
1138	shall execute at least once annually an affidavit verifying,
1139	based upon information or belief, whether the applicable local
1140	budgeting authority has provided sufficient funding to
1141	adequately address additional law enforcement responsibilities
1142	directly or indirectly resulting from the slot machine gaming
1143	operations. The affidavit shall be transmitted to the board.
1144	551.34  Local government resolutions.--
1145	(1)  The board of county commissioners and the governing
1146	body of a municipality where a slot machine licensee is
1147	authorized to conduct slot machine gaming and any municipality
1148	contiguous to the municipality where such slot machine licensee
1149	is authorized to conduct slot machine gaming must adopt a
1150	resolution at least once annually that expresses, at a minimum,
1151	whether slot machine gaming is being operated in a manner that
1152	demonstrates a commitment to ameliorate detriment to the public
1153	economic and social health, safety, and welfare of the community
1154	governed by the applicable body.
1155	(2)  The governing body of any municipality that is not
1156	required to adopt a resolution pursuant to subsection (1) may
1157	adopt a resolution addressing slot machine gaming impacts on the
1158	local community. The resolution should contain a recitation of
1159	those factual circumstances which support a conclusion that the
1160	operations of the slot machine licensee have a substantial
1161	effect on the public economic and social health, safety, and
1162	welfare of the municipality.
1163	(3)  The resolution shall be transmitted to the board.
1164	551.341  Tourist development council resolutions.--
1165	(1)  Any tourist development council, organized under the
1166	provisions of part I of chapter 125, or the board of county
1167	commissioners if there is no tourist development council in that
1168	county, must adopt a resolution at least once annually that
1169	expresses, at a minimum, whether slot machine gaming is being
1170	operated in a manner that demonstrates a commitment to the
1171	growth and expansion of tourism in this state and a commitment
1172	to ameliorate detriment to communities that are current tourist
1173	destinations but do not have slot machine gaming being conducted
1174	at pari-mutuel facilities within their jurisdiction.
1175	(2)  The resolution should contain a recitation of those
1176	factual circumstances which support a conclusion that the
1177	operations of slot machine licensees have a substantial positive
1178	or negative effect on the expansion and growth of tourism within
1179	their jurisdiction. Tourism impacts shall be supported, as a
1180	part of the resolution, by statistical data and other practical
1181	collateral impacts and evidence on local tourism activity.
1182	(3)  The resolution shall be transmitted to the board.
1183	551.40  Compulsive gambling program.--The Mental Health
1184	Program Office within the Department of Children and Family
1185	Services in conjunction with the Department of Education shall
1186	establish a program for public education, awareness, and
1187	training regarding problem and compulsive gambling and the
1188	treatment and prevention of problem and compulsive gambling. The
1189	program shall include:
1190	(1)  Maintenance of a compulsive gambling advocacy
1191	organization's toll free, problem-gambling telephone number to
1192	provide crisis counseling and referral services to families
1193	experiencing difficulty as a result of problem or compulsive
1194	gambling.
1195	(2)  The promotion of public awareness regarding the
1196	recognition and prevention of problem or compulsive gambling.
1197	(3)  Facilitation, through in-service training and other
1198	means, of the availability of effective assistance programs for
1199	problem and compulsive gamblers and family members affected by
1200	problem or compulsive gambling.
1201	(4)  Studies to identify adults and juveniles in this state
1202	who are, or are at risk of becoming, problem or compulsive
1203	gamblers.
1204	Section 4.  Section 849.15, Florida Statutes, is amended to
1205	read:
1206	849.15  Manufacture, sale, possession, etc., of coin-
1207	operated devices prohibited.--
1208	(1)  It is unlawful:
1209	(a)(1)  To manufacture, own, store, keep, possess, sell,
1210	rent, lease, let on shares, lend or give away, transport, or
1211	expose for sale or lease, or to offer to sell, rent, lease, let
1212	on shares, lend or give away, or permit the operation of, or for
1213	any person to permit to be placed, maintained, or used or kept
1214	in any room, space, or building owned, leased or occupied by the
1215	person or under the person's management or control, any slot
1216	machine or device or any part thereof; or
1217	(b)(2)  To make or to permit to be made with any person any
1218	agreement with reference to any slot machine or device, pursuant
1219	to which the user thereof, as a result of any element of chance
1220	or other outcome unpredictable to him or her, may become
1221	entitled to receive any money, credit, allowance, or thing of
1222	value or additional chance or right to use such machine or
1223	device, or to receive any check, slug, token or memorandum
1224	entitling the holder to receive any money, credit, allowance or
1225	thing of value.
1226	(2)  Pursuant to section 2 of that certain chapter of the
1227	Congress of the United States entitled "An act to prohibit
1228	transportation of gaming devices in interstate and foreign
1229	commerce", approved January 2, 1951, being c. 1194, 64 Stat.
1230	1134, and also designated as 15 U.S.C. 1171-1177, the State of
1231	Florida, acting by and through its duly elected and qualified
1232	members of its Legislature, does hereby in this section, and in
1233	accordance with and in compliance with the provisions of section
1234	2 of such chapter of Congress, declare and proclaim that any
1235	county of the State of Florida, within which slot machine gaming
1236	is authorized pursuant to chapter 551 is exempt from the
1237	provisions of section 2 of that certain chapter of the Congress
1238	of the United States entitled "An act to prohibit transportation
1239	of gaming devices in interstate and foreign commerce",
1240	designated U.S.C. 1171-1177, approved January 2, 1951. All
1241	shipments of gaming devices, including slot machines, into any
1242	county of this state within which slot machine gaming is
1243	authorized pursuant to chapter 551, the registering, recording,
1244	and labeling of which have been duly done by the manufacturer or
1245	distributor thereof in accordance with sections 3 and 4 of that
1246	certain chapter of the Congress of the United States entitled,
1247	"An act to prohibit transportation of gaming devices in
1248	interstate and foreign commerce", approved January 2, 1951,
1249	being c. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
1250	1171-1177, shall be deemed legal shipments thereof into any such
1251	county provided the destination of such shipments is to a
1252	licensed eligible facility as defined s. 551.103.
1253	Section 5.  Subsections (1) and (2) of section 895.02,
1254	Florida Statutes, are amended to read:
1255	895.02  Definitions.--As used in ss. 895.01-895.08, the
1256	term:
1257	(1)  "Racketeering activity" means to commit, to attempt to
1258	commit, to conspire to commit, or to solicit, coerce, or
1259	intimidate another person to commit:
1260	(a)  Any crime which is chargeable by indictment or
1261	information under the following provisions of the Florida
1262	Statutes:
1263	1.  Section 210.18, relating to evasion of payment of
1264	cigarette taxes.
1265	2.  Section 403.727(3)(b), relating to environmental
1266	control.
1267	3.  Section 409.920 or s. 409.9201, relating to Medicaid
1268	fraud.
1269	4.  Section 414.39, relating to public assistance fraud.
1270	5.  Section 440.105 or s. 440.106, relating to workers'
1271	compensation.
1272	6.  Section 465.0161, relating to distribution of medicinal
1273	drugs without a permit as an Internet pharmacy.
1274	7.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
1275	499.0691, relating to crimes involving contraband and
1276	adulterated drugs.
1277	8.  Part IV of chapter 501, relating to telemarketing.
1278	9.  Chapter 517, relating to sale of securities and
1279	investor protection.
1280	10.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1281	to dogracing and horseracing.
1282	11.  Chapter 550, relating to jai alai frontons.
1283	12.  Chapter 552, relating to the manufacture,
1284	distribution, and use of explosives.
1285	13.  Chapter 560, relating to money transmitters, if the
1286	violation is punishable as a felony.
1287	14.  Chapter 562, relating to beverage law enforcement.
1288	15.  Section 624.401, relating to transacting insurance
1289	without a certificate of authority, s. 624.437(4)(c)1., relating
1290	to operating an unauthorized multiple-employer welfare
1291	arrangement, or s. 626.902(1)(b), relating to representing or
1292	aiding an unauthorized insurer.
1293	16.  Section 655.50, relating to reports of currency
1294	transactions, when such violation is punishable as a felony.
1295	17.  Chapter 687, relating to interest and usurious
1296	practices.
1297	18.  Section 721.08, s. 721.09, or s. 721.13, relating to
1298	real estate timeshare plans.
1299	19.  Chapter 782, relating to homicide.
1300	20.  Chapter 784, relating to assault and battery.
1301	21.  Chapter 787, relating to kidnapping.
1302	22.  Chapter 790, relating to weapons and firearms.
1303	23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
1304	796.05, or s. 796.07, relating to prostitution and sex
1305	trafficking.
1306	24.  Chapter 806, relating to arson.
1307	25.  Section 810.02(2)(c), relating to specified burglary
1308	of a dwelling or structure.
1309	26.  Chapter 812, relating to theft, robbery, and related
1310	crimes.
1311	27.  Chapter 815, relating to computer-related crimes.
1312	28.  Chapter 817, relating to fraudulent practices, false
1313	pretenses, fraud generally, and credit card crimes.
1314	29.  Chapter 825, relating to abuse, neglect, or
1315	exploitation of an elderly person or disabled adult.
1316	30.  Section 827.071, relating to commercial sexual
1317	exploitation of children.
1318	31.  Chapter 831, relating to forgery and counterfeiting.
1319	32.  Chapter 832, relating to issuance of worthless checks
1320	and drafts.
1321	33.  Section 836.05, relating to extortion.
1322	34.  Chapter 837, relating to perjury.
1323	35.  Chapter 838, relating to bribery and misuse of public
1324	office.
1325	36.  Chapter 843, relating to obstruction of justice.
1326	37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1327	s. 847.07, relating to obscene literature and profanity.
1328	38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1329	849.25, relating to gambling.
1330	39.  Chapter 874, relating to criminal street gangs.
1331	40.  Chapter 893, relating to drug abuse prevention and
1332	control.
1333	41.  Chapter 896, relating to offenses related to financial
1334	transactions.
1335	42.  Sections 914.22 and 914.23, relating to tampering with
1336	a witness, victim, or informant, and retaliation against a
1337	witness, victim, or informant.
1338	43.  Sections 918.12 and 918.13, relating to tampering with
1339	jurors and evidence.
1340	44.  Section 551.1113, related to slot machine gaming.
1341	(b)  Any conduct defined as "racketeering activity" under
1342	18 U.S.C. s. 1961(1).
1343	(2)  "Unlawful debt" means any money or other thing of
1344	value constituting principal or interest of a debt that is
1345	legally unenforceable in this state in whole or in part because
1346	the debt was incurred or contracted:
1347	(a)  In violation of any one of the following provisions of
1348	law:
1349	1.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1350	to dogracing and horseracing.
1351	2.  Chapter 550, relating to jai alai frontons.
1352	3.  Chapter 687, relating to interest and usury.
1353	4.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1354	849.25, relating to gambling.
1355	5.  Section 551.1113, related to slot machine gaming.
1356	(b)  In gambling activity in violation of federal law or in
1357	the business of lending money at a rate usurious under state or
1358	federal law.
1359	Section 6.  In the event multiple slot machine licensees,
1360	as defined in s. 551.103, Florida Statutes, are located within 1
1361	mile of a municipality that does not have a licensee
1362	geographically located within its municipal borders, then each
1363	such licensee shall pay to the affected municipality 0.5 percent
1364	of slot machine revenues.
1365	Section 7.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.