HB 1901

1	A bill to be entitled
2	An act relating to pari-mutuel wagering; 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; amending s. 550.5251, F.S.; revising licensing
10	and permit requirements relating to required operating
11	days for certain thoroughbred racing permitholders;
12	revising timeframe for application of certain
13	requirements; deleting requirement that certain
14	thoroughbred permitholders operate the full number of
15	days; providing for validity of certain permits; creating
16	chapter 551, F.S.; implementing s. 23, Art. X of the State
17	Constitution; authorizing slot machines and slot machine
18	gaming within certain pari-mutuel facilities located in
19	Miami-Dade and Broward Counties upon approval by local
20	referendum; providing for administration and regulation by
21	the Division of Slot Machines of the Department of
22	Business and Professional Regulation; providing
23	definitions; providing legislative intent; providing
24	powers and duties of the division; providing for
25	construction of such provisions; directing the division to
26	adopt rules necessary to implement, administer, and
27	regulate slot machine gaming; requiring such rules to
28	include application procedures, certain technical
29	requirements, procedures relating to revenue, certain
30	regulation and management and auditing procedures, certain
31	bond requirements, and requirements for record
32	maintenance, and payouts; providing for investigations by
33	the division, the Department of Law Enforcement, and local
34	law enforcement; providing for the investigation of
35	violations in conjunction with other agencies; providing
36	specified law enforcement powers to the division;
37	providing for access to slot machine licensee facilities
38	by the division, the Department of Law Enforcement, or
39	local law enforcement; authorizing the division, the
40	Department of Law Enforcement, or local law enforcement to
41	make certain inspections and examinations; authorizing the
42	division to collect certain monies 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	authorizing the division to adopt emergency rules for the
47	regulation of slot machine gaming; providing for licensure
48	to conduct slot machine gaming; prohibiting the division
49	from accepting applications or issuing slot machine
50	licenses prior to adoption of rules; providing for
51	application for licensure; providing conditions for
52	conducting slot machine gaming; providing requirements for
53	receiving and maintaining a license which include
54	compliance with slot machine regulations and regulations
55	relating to pari-mutuel wagering, maintaining the pari-
56	mutuel permit and license, conducting a certain number of
57	live races or games, allowing access by the division, and
58	submission of security plans; requiring prior approval by
59	the division of certain changes in ownership of slot
60	machine licenses; requiring notice to the division of
61	certain changes in ownership; requiring permitholders to
62	submit certain information and certification relating to
63	games to the division and the Department of Law
64	Enforcement; requiring review and approval of games by
65	division; requiring a slot machine licensee to submit
66	internal control procedures to the division for review and
67	approval; authorizing the amendment of a pari-mutuel
68	license within a specified time; providing for a reduction
69	in the required number of live races or games under
70	certain circumstances; prohibiting transfer of a license;
71	providing a limit on the number of slot machines at a
72	facility; requiring slot machine licensees to maintain
73	certain reports for submission to the division; providing
74	for an audit by an independent certified public accountant
75	of the receipt and distribution of slot machine revenues;
76	providing for annual renewal of the license; providing for
77	a renewal application and procedures for approval;
78	requiring corporate slot machine licensees to apply for
79	and be issued a certificate of status; specifying the
80	payment of state and local taxes as a condition for a slot
81	machine license; requiring certification by the Department
82	of Revenue of the payment of certain state and local taxes
83	by a slot machine licensee; directing the division to
84	revoke, suspend, or refuse to renew the license for
85	failure to pay such taxes; requiring the slot machine
86	licensee pay to the division an initial and annual license
87	fee; providing for deposit of the fee into the Slot
88	Machine Administrative Trust Fund for certain purposes;
89	requiring the division to evaluate the license fee and
90	make recommendations to the Legislature; providing for a
91	tax on slot machine revenues to be deposited into the
92	Educational Enhancement Trust Fund; requiring that slot
93	machine taxes shall be used to supplement and not supplant
94	public education dollars; requiring tax proceeds be first
95	used to fund a grant program for laptop computers for
96	certain students; directing the State Board of Education
97	to adopt rules to implement such program; providing
98	payment procedures; providing penalties for failure to
99	make payments; providing for submission of funds by
100	electronic funds transfer; providing for general,
101	professional, and business occupational licenses;
102	prohibiting transfer of such licenses; prohibiting a slot
103	machine licensee from employing or doing business with
104	persons or businesses unless such person or business is
105	properly licensed; requiring occupational licensees to
106	display identification cards under certain circumstances;
107	providing for application forms, fees, and procedures;
108	authorizing the division to adopt rules relating to
109	applications, licensure, and renewal of licensure and fees
110	therefor; requiring slot machine licensee to pay licensure
111	fees of general occupational licensees; providing for
112	reciprocal disciplinary actions with other jurisdictions;
113	providing for disciplinary actions against a licensee for
114	certain violations of regulations or laws; requiring
115	fingerprints and criminal records checks of applicants or
116	licensees; requiring certain costs of the records check be
117	borne by the applicant or licensee; requiring licensees to
118	provide equipment for electronic submission of
119	fingerprints; authorizing the retention of fingerprints
120	for the purposes of entering fingerprints into the
121	statewide automated fingerprint identification system by a
122	certain date; requiring licensees to inform the division
123	of conviction of disqualifying criminal offenses;
124	requiring certain racetracks and frontons to pay an annual
125	fee; authorizing the Department of Law Enforcement to
126	adopt rules relating to fingerprinting costs and
127	procedures; requiring periodic additional criminal history
128	checks for purposes of screening following issuance of a
129	license; providing for distribution of funds into the Slot
130	Machine Administrative Trust Fund; prohibiting certain
131	relationships between employees of the division or board
132	and licensees of the division; prohibiting division
133	employees and occupational licensees and certain of their
134	relatives from wagering on slot machines at certain
135	facilities; prohibiting contracts that provide for revenue
136	sharing between a manufacturer or distributor and slot
137	machine licensees; prohibiting ownership or financial
138	interests in slot machine licensees by certain
139	manufacturers or distributors; prohibiting certain false
140	statements, exclusion of revenue for certain purposes,
141	cheating, and theft of proceeds; providing penalties;
142	providing for arrest and recovery; limiting liability for
143	arrest and detention; providing penalties for resisting
144	recovery efforts; authorizing manufacture, sale,
145	distribution, possession, and operation of slot machines
146	under certain circumstances; authorizing the division to
147	exclude any person from licensed facilities under certain
148	circumstances; directing the division to require certain
149	signage in designated gaming areas and require certain
150	equipment or facilities relating to races or games within
151	the gaming area; requiring permitholder to provide office
152	space; prohibiting a licensee and employees and agents of
153	the licensee from allowing a person under a certain age to
154	operate slot machines or to have access to the gaming
155	area; prohibiting complimentary alcoholic beverages, loans
156	or credit, acceptance or cashing of third-party checks,
157	and automatic teller machines; authorizing the suspension
158	of play of slot machines by the division or the Department
159	of Law Enforcement for suspicion of tampering or
160	manipulation; limiting linkage of operating systems;
161	prohibiting certain player enticements; providing for the
162	hours of operation of slot machines; providing that the
163	slot machine licensee is eligible for a caterer license
164	under specified provisions; requiring the slot machine
165	licensee maintain certain purchasing and hiring policies,
166	use a certain job listing service provided by the Agency
167	for Workforce Innovation, and implement certain equal
168	employment opportunities; providing penalties for certain
169	violations by a licensee; providing for deposit of fines
170	collected; creating the State Slot Machine Gaming Board
171	within the division; providing that the board is not a
172	state entity; providing for public meetings and records of
173	the board; providing for offices and personnel of the
174	board; requiring the board comply with specified ethics
175	provisions; providing for expenditures of state funds
176	derived from regulatory fees; requiring the division
177	provide administrative support for the board; providing
178	purpose of the board; providing for membership of the
179	board; providing for appointment and confirmation and
180	terms of members; requiring financial disclosure;
181	prohibiting interests in any slot machine licensee or the
182	gambling industry; providing that members are state
183	officers for specified purposes; authorizing per diem and
184	travel expenses; providing for removal of members;
185	providing for organization and meetings of the board;
186	providing powers and duties of the board; authorizing the
187	board to receive certain information and testimony;
188	providing for evaluations, recommendations, and reports;
189	directing the division to provide the board with certain
190	proposed rules for review and response; requiring the
191	board to prepare an annual report to be submitted to the
192	Governor and Legislature; providing for content of the
193	report; directing the Office of Program Policy Analysis
194	and Government Accountability to conduct an annual
195	performance audit of the board, the division, and slot
196	machine licensees; providing for content of the audit;
197	directing that office to submit the audit's findings and
198	recommendations to the Governor and the Legislature;
199	requiring the chief law enforcement officer of certain
200	counties and municipalities to annually execute and
201	transmit to the board an affidavit relating to certain
202	funding; requiring the governing body of certain counties
203	and municipalities and tourist development councils to
204	annually adopt and transmit to the board a resolution
205	relating to the operations of slot machine gaming;
206	authorizing other governing bodies to transmit such a
207	resolution to the board; authorizing the division to
208	contract for a compulsive gambling treatment and
209	prevention program; amending s. 849.15, F.S.; providing
210	for transportation of certain gaming devices in accordance
211	with federal law; amending s. 895.02, F.S.; providing that
212	specified violations related to slot machine gaming
213	constitute racketeering activity; providing that certain
214	debt incurred in violation of specified provisions
215	relating to slot machine gaming constitutes unlawful debt;
216	preempting slot machine regulation to the state; providing
217	for referenda deauthorizing slot machine operations as an
218	undue burden; authorizing referenda declaring slot machine
219	operations an undue burden; requiring a petition for a
220	referendum; providing for ratification of tribal-state
221	compacts by the Legislature; directing the Department of
222	Transportation to conduct a study on the access roads to
223	pari-mutuel facilities and Indian reservation lands where
224	gaming activities occur; providing for content of the
225	study; requiring a report to the Governor and the
226	Legislature; providing appropriations for the Department
227	of Business and Professional Regulation, the Department of
228	Law Enforcement, and the Office of the State Attorney to
229	carry out the provisions of the act; providing an
230	effective date.
231
232	Be It Enacted by the Legislature of the State of Florida:
233
234	Section 1.  This act may be cited as the "Keep The Promise
235	Act of 2005."
236	Section 2.  Subsection (2) of section 20.165, Florida
237	Statutes, is amended to read:
238	20.165  Department of Business and Professional
239	Regulation.--There is created a Department of Business and
240	Professional Regulation.
241	(2)  The following divisions of the Department of Business
242	and Professional Regulation are established:
243	(a)  Division of Administration.
244	(b)  Division of Alcoholic Beverages and Tobacco.
245	(c)  Division of Certified Public Accounting.
246	1.  The director of the division shall be appointed by the
247	secretary of the department, subject to approval by a majority
248	of the Board of Accountancy.
249	2.  The offices of the division shall be located in
250	Gainesville.
251	(d)  Division of Florida Land Sales, Condominiums, and
252	Mobile Homes.
253	(e)  Division of Hotels and Restaurants.
254	(f)  Division of Pari-mutuel Wagering.
255	(g)  Division of Professions.
256	(h)  Division of Real Estate.
257	1.  The director of the division shall be appointed by the
258	secretary of the department, subject to approval by a majority
259	of the Florida Real Estate Commission.
260	2.  The offices of the division shall be located in
261	Orlando.
262	(i)  Division of Regulation.
263	(j)  Division of Slot Machines.
264	(k)  Division of Technology, Licensure, and Testing.
265	Section 3.  Subsections (1), (2), and (3) of section
266	550.5251, Florida Statutes, are amended to read:
267	550.5251  Florida thoroughbred racing; certain permits;
268	operating days.--
269	(1)  Each thoroughbred permitholder under whose permit
270	thoroughbred racing was conducted in this state at any time
271	between January 1, 1987, and January 1, 2005 1988, shall
272	annually be entitled to apply for and annually receive
273	thoroughbred racing days and dates as set forth in this section.
274	As regards such permitholders, the annual thoroughbred racing
275	season shall be from June 1 of any year through May 31 of the
276	following year and shall be known as the "Florida Thoroughbred
277	Racing Season."
278	(2)  Each permitholder referred to in subsection (1) shall
279	annually, during the period commencing December 15 of each year
280	and ending January 4 of the following year, file in writing with
281	the division its application to conduct one or more thoroughbred
282	racing meetings during the thoroughbred racing season commencing
283	on the following June 1. Each application shall specify the
284	number and dates of all performances that the permitholder
285	intends to conduct during that thoroughbred racing season. On or
286	before February 15 of each year, the division shall issue a
287	license authorizing each permitholder to conduct performances on
288	the dates specified in its application. Up to March 31 of each
289	year, each permitholder may request and shall be granted changes
290	in its authorized performances; but thereafter, as a condition
291	precedent to the validity of its license and its right to retain
292	its permit, each permitholder must operate the full number of
293	days authorized on each of the dates set forth in its license.
294	(3)  Each thoroughbred permit referred to in subsection
295	(1), including, but not limited to, any permit originally issued
296	as a summer thoroughbred horse racing permit, is hereby
297	validated and shall continue in full force and effect,
298	irrespective of any action that the division may take or may
299	have heretofore taken against the permit.
300	Section 4.  Chapter 551, Florida Statutes, consisting of
301	sections 551.101, 551.103, 551.105, 551.107, 551.1073, 551.1075
302	551.108, 551.1091, 551.1111, 551.1113, 551.1115, 551.1119,
303	551.121, 551.125, 551.20, 551.202, 551.204, 551.25, 551.30,
304	551.33, 551.34, 551.341, and 551.40, is created to read:
305	CHAPTER 551
306	SLOT MACHINES
307	551.101  Slot machine gaming authorized.--Any existing,
308	licensed pari-mutuel facility located in Miami-Dade County or
309	Broward County at the time of adoption of s. 23, Art. X of the
310	State Constitution that has conducted live racing or games
311	during calendar years 2002 and 2003 may possess slot machines
312	and conduct slot machine gaming at the location where the pari-
313	mutuel permitholder is authorized to conduct pari-mutuel
314	wagering activities pursuant to such permitholder's valid pari-
315	mutuel permit or as otherwise authorized by law provided a
316	majority of voters in a countywide referendum have approved the
317	possession of slot machines at such facility in the respective
318	county. Notwithstanding any other provision of law, it is not a
319	crime for a person to participate in slot machine gaming at a
320	pari-mutuel facility licensed to possess slot machines and
321	conduct slot machine gaming.
322	551.103  Definitions.--As used in this chapter, unless the
323	context clearly requires otherwise, the term:
324	(1)  "Board" means the State Slot Machine Gaming Board.
325	(2)  "Department" means the Department of Business and
326	Professional Regulation.
327	(3)  "Designated slot machine gaming area" means the area
328	of a facility of a slot machine licensee in which slot machine
329	gaming may be conducted in accordance with the provisions of
330	this chapter.
331	(4)  "Division" means the Division of Slot Machines of the
332	Department of Business and Professional Regulation.
333	(5)  "Electronic or electromechanical facsimile" means a
334	game played in an electronic or electromechanical format that
335	replicates a game of chance by incorporating all of the
336	characteristics of the game, except when, for bingo, the
337	electronic or electromechanical format broadens participation by
338	allowing multiple players to play with or against each other
339	rather than with or against a machine.
340	(6)  "Mechanical, electronic, computerized, or other
341	technological aids" means any machine or device that assists a
342	player or the playing of a bingo game as defined in s. 849.0931
343	and broadens participation by allowing multiple players at one
344	slot machine facility to play with or against each other in a
345	bingo game for a common prize or prizes. Such aids may use
346	alternative displays, including, but not limited to, a
347	simulation of spinning reels, to illustrate aspects of the game
348	of bingo such as when a player joins the game or when prizes
349	have been awarded, as long as such aid continuously and
350	prominently displays the electronic bingo card so that it is
351	apparent that the player is actually engaged in the play of
352	bingo. Such aids shall not:
353	(a)  Determine or change the outcome of any game of bingo;
354	(b)  Be an electronic or electromechanical facsimile that
355	replicates a game of bingo; or
356	(c)  Allow players to play with or against the machine or
357	house for a prize.
358	(7)  "Slot machine" means a mechanical, electronic,
359	computerized gaming device that is a technological aid to the
360	playing of the game of bingo and that offers wagering on the
361	game of bingo as defined in s. 849.0931, is owned by the slot
362	machine licensee, and is capable of being linked to a
363	centralized computer management system for regulating, managing,
364	and auditing the operation, financial data, and program
365	information, as required by the division. A slot machine may be
366	activated by insertion of a coin, bill, ticket, token, or
367	similar object or upon payment of any consideration whatsoever,
368	including the use of any electronic payment system except a
369	credit card or debit card and may entitle the person playing or
370	operating the machine to receive or may deliver to the person
371	cash, billets, tickets, tokens, or electronic credits to be
372	exchanged for cash. A slot machine is not a "coin-operated
373	amusement machine" as defined in s. 212.02(24), and slot
374	machines are not subject to the tax imposed by s. 212.05(1)(h).
375	It is the intent of the Legislature to authorize only those
376	mechanical, computerized, electronic or other technological aids
377	that a federal agency or a court in a final, nonappealable order
378	has concluded expressly meet the definition of a mechanical,
379	computerized, electronic, or other technological aid to Class II
380	gaming pursuant to 25 U.S.C. 2703, the Indian Gaming Regulatory
381	Act. The Legislature does not intend to authorize any other
382	gaming device.
383	(8)  "Slot machine licensee" means a pari-mutuel
384	permitholder who holds a license issued by the division pursuant
385	to this chapter which authorizes such person to possess a slot
386	machine within facilities specified in s. 23, Art. X of the
387	State Constitution and allows slot machine gaming.
388	(9)  "Slot machine revenues" means the total of all cash
389	and property received by the slot machine licensee from slot
390	machine gaming operations less the amount of cash, cash
391	equivalents, credits, and prizes paid to winners of slot machine
392	gaming.
393	551.105  Division of Slot Machines; powers and duties.--
394	(1)  The division shall adopt, pursuant to the provisions
395	of ss. 120.536 and 120.54, all rules necessary to implement,
396	administer, and regulate slot machine gaming as authorized in
397	this chapter. Such rules shall include:
398	(a)  Procedures for applying for a license and renewal of a
399	license.
400	(b)  Establishing technical requirements in addition to the
401	qualifications which shall be necessary to receive a slot
402	machine license or slot machine occupational license.
403	(c)  Procedures relating to slot machine revenues,
404	including verifying and accounting for such revenues, auditing,
405	and collecting taxes and fees consistent with this chapter.
406	(d)  Procedures for regulating, managing, and auditing the
407	operation, financial data, and program information relating to
408	slot machines through a centralized computer system that shall
409	allow the division and the Florida Department of Law Enforcement
410	to audit the operation, financial data, and program information
411	of a slot machine licensee, as required by the division or the
412	Florida Department of Law Enforcement and shall provide the
413	division and the Florida Department of Law Enforcement with the
414	ability to monitor on a real-time basis at any time wagering
415	patterns, payouts, tax collection, and compliance with any rules
416	adopted by the division for the regulation and control of slot
417	machines operated under this section. Such continuous and
418	complete access on a real-time basis at any time shall include
419	the ability to immediately suspend slot machine operations if
420	monitoring of the computer operating system indicates possible
421	tampering or manipulation of slot machines or of the computer
422	operating system itself.
423	(e)  Requiring each licensee at his or her own cost and
424	expense to supply the division with a bond with the penal sum of
425	$2 million payable to the Governor and his or her successors in
426	office for the licensee's first year of slot machine operations;
427	and, thereafter, the licensee shall file a bond with the penal
428	sum as determined by the division pursuant to rules promulgated
429	to approximate anticipated state revenues from the licensee's
430	slot machine operations, but in no case shall the bond be less
431	than $2 million. Any bond shall be issued by a surety or
432	sureties to be approved by the division and the Chief Financial
433	Officer, conditioned to faithfully make the payments to the
434	Chief Financial Officer in his or her capacity as treasurer of
435	the division. The licensee shall be required to keep its books
436	and records and make reports as provided in this chapter and to
437	conduct its slot machine operations in conformity with this
438	chapter and all other provisions of law. The division may review
439	the bond for adequacy and require adjustments each fiscal year.
440	Such bond shall be separate and distinct from the bond required
441	in s. 550.125.
442	(f)  Requiring licensees to maintain specified records and
443	submit any data, information, record, or report, including
444	financial and income records, required by this chapter or
445	determined by the division to be necessary to the proper
446	implementation and enforcement of this chapter.
447	(g)  Requiring that the payout percentage of a slot machine
448	shall be no less than 85 percent or more than 93 percent per
449	facility.
450	(2)  The division shall conduct such investigations that
451	the division determines necessary to fulfill its
452	responsibilities under the provisions of this chapter.
453	(3)  The division, the Department of Law Enforcement, and
454	local law enforcement agencies shall have concurrent
455	jurisdiction to investigate criminal violations of this chapter
456	and may investigate any other criminal violation of law
457	occurring on the facilities of a slot machine licensee, and such
458	investigations may be conducted in conjunction with the
459	appropriate state attorney. The division and its employees and
460	agents shall have such other law enforcement powers as specified
461	in ss. 943.04 and 943.10.
462	(4)(a)  The division, the Department of Law Enforcement,
463	and local law enforcement agencies shall have unrestricted
464	access to the slot machine licensee facility at all times and
465	shall require of each slot machine licensee strict compliance
466	with the laws of this state relating to the transaction of such
467	business. The division, the Department of Law Enforcement, and
468	local law enforcement agencies:
469	1.  May inspect and examine premises where slot machines
470	are offered for play.
471	2.  May inspect slot machines and related equipment and
472	supplies.
473	(b)  In addition, the division:
474	1.  May collect taxes, assessments, fees, and penalties.
475	2.  May deny, revoke, suspend, or place conditions on the
476	license of a person who violates any provision of this chapter
477	or rule adopted pursuant thereto.
478	(5)  The division shall revoke or suspend the license of
479	any person who is no longer qualified or who is found, after
480	receiving a license, to have been unqualified at the time of
481	application for the license.
482	(6)  Nothing in this section shall be construed to:
483	(a)  Prohibit the Department of Law Enforcement or any law
484	enforcement authority whose jurisdiction includes a slot machine
485	licensee facility from conducting criminal investigations
486	occurring on the facilities of the slot machine licensee;
487	(b)  Restrict access to the slot machine licensee facility
488	by the Department of Law Enforcement or any local law
489	enforcement authority whose jurisdiction includes the slot
490	machine licensee facility; or
491	(c)  Restrict access to information and records necessary
492	to the investigation of criminal activity that is contained
493	within the slot machine licensee facility by the Department of
494	Law Enforcement or local law enforcement authorities.
495	(7)  The division may, at any time after the issuance of a
496	license pursuant to s. 551.107, adopt emergency rules pursuant
497	to s. 120.54. The Legislature finds that such emergency
498	rulemaking power is necessary for the preservation of the rights
499	and welfare of the people in order to provide additional funds
500	to benefit the public. The Legislature further finds that the
501	unique nature of legalized gambling requires, from time to time,
502	that the division respond as quickly as is practicable to
503	changes in the marketplace and changes in technology that may
504	affect legalized gambling conducted at pari-mutuel facilities in
505	this state. Therefore, in adopting such emergency rules, the
506	division need not make the findings required by s. 120.54(4)(a).
507	Emergency rules adopted to implement the provisions of this
508	chapter are exempt from s. 120.54(4)(c) and shall remain in
509	effect until replaced by other emergency rules or by rules
510	adopted under nonemergency rulemaking procedures of chapter 120.
511	551.107  License to conduct slot machine gaming.--
512	(1)  Upon application and a finding by the division after
513	investigation that the application is complete and the applicant
514	is qualified, and payment of the initial license fee the
515	division shall issue a license to conduct slot machine gaming in
516	the designated slot machine gaming area of the slot machine
517	licensee's facility. Once licensed, slot machine gaming may be
518	conducted subject to the requirements of this chapter and rules
519	adopted pursuant thereto. The division shall not be authorized
520	to accept an application or issue a license to operate slot
521	machine gaming at a pari-mutuel wagering facility until such
522	time as all rules mandated by this chapter for slot machine
523	operations have been filed for adoption with the Secretary of
524	State.
525	(2)  An application may be approved by the division only
526	after the voters of the county where the applicant's facility is
527	located have authorized by referendum slot machines within pari-
528	mutuel facilities in that county as specified in s. 23, Art. X
529	of the State Constitution.
530	(3)  A slot machine license may only be issued to a
531	licensed pari-mutuel permitholder and slot machine gaming may
532	only be conducted at the same facility at which the permitholder
533	is authorized under its valid pari-mutuel wagering permit to
534	conduct pari-mutuel wagering activities.
535	(4)  As a condition of licensure and to maintain continued
536	authority for the conduct of slot machine gaming the slot
537	machine licensee shall:
538	(a)  Continue to be in compliance with this chapter.
539	(b)  Continue to be in compliance with chapter 550, where
540	applicable, and maintain the pari-mutuel permit and license in
541	good standing pursuant to the provisions of chapter 550.
542	Notwithstanding any contrary provision of law and in order to
543	expedite the operation of slot machines at eligible facilities,
544	any eligible facility shall be entitled within 60 days after the
545	effective date of this act to amend its 2005-2006 license issued
546	by the Division of Pari-mutuel Wagering and shall be granted the
547	requested changes in its authorized performances pursuant to
548	such amendment. The Division of Pari-mutuel Wagering shall issue
549	a new license to the eligible facility to effectuate an
550	amendment.
551	(c)  Conduct not less than a full schedule of live races or
552	games as defined in s. 550.002(11). However, when a permitholder
553	fails to conduct such number of live races or games, that number
554	of live races or games shall be reduced by the number of races
555	or games which could not be conducted due to the direct result
556	of fire, war, or other disaster or event beyond the ability of
557	the permitholder to control.
558	(d)  Upon approval of any changes relating to the pari-
559	mutuel permit by the Division of Pari-mutuel Wagering in the
560	Department of Business and Professional Regulation, be
561	responsible for providing appropriate current and accurate
562	documentation on a timely basis to the division in order to
563	continue the slot machine license in good standing. Changes in
564	ownership or interest of a slot machine gaming license of 5
565	percent or more of the stock or other evidence of ownership or
566	equity in the slot machine license or any parent corporation or
567	other business entity that in any way owns or controls the slot
568	machine license shall be approved by the division prior to such
569	change, unless the owner is an existing holder of that license
570	who was previously approved by the division. Changes in
571	ownership or interest of a slot machine license of less than 5
572	percent shall be reported to the division within 20 days after
573	the change. The division may then conduct an investigation to
574	ensure that the license is properly updated to show the change
575	in ownership or interest.
576	(e)  Allow unrestricted access and right of inspection by
577	the division to facilities of a slot machine licensee in which
578	any activity relative to the conduct of slot machine gaming is
579	conducted.
580	(f)  Submit a security plan, including a slot machine floor
581	plan, location of security cameras, and the listing of security
582	equipment which shall be capable of observing and electronically
583	recording activities being conducted in the designated slot
584	machine gaming area.
585	(g)  Provide the division with a detailed operating system
586	description, including, but not limited to, any operating
587	software, access to the source codes for each game and slot
588	machine it will offer for play at its slot machine facility, and
589	certification by an independent testing laboratory that the
590	games, slot machines, and computer operating system conform to
591	the requirements of this chapter. Such descriptions shall also
592	be made available to the Department of Law Enforcement. The
593	division shall review and approve each game and machine for
594	compliance with this chapter and rules regulating games and slot
595	machines prior to approval of the game and machine. A slot
596	machine licensee shall not operate any game or machine prior to
597	its approval for use in its facility by the division.
598	(h)  Provide the division with a complete copy of internal
599	control procedures adopted by the licensee for its slot machine
600	operations. The division shall review and approve such internal
601	control procedures for compliance with rules adopted to ensure
602	patron safety, payout procedures, and security of tax revenues
603	to be paid to the state. Rules regarding requirements for the
604	internal control procedures shall include, but not be limited
605	to, audit and tax collection procedures, security procedures for
606	the collection of money for vouchers issued for slot machines,
607	and security and public safety procedures.
608	(5)  A slot machine license shall not be transferable.
609	(6)  A slot machine licensee may make available for play up
610	to 3,000 slot machines within its designated slot machine gaming
611	areas.
612	(7)  A slot machine licensee shall keep and maintain
613	permanent daily records of its slot machine operation and shall
614	maintain such records for a period of not less than 5 years.
615	These records shall include all financial transactions and
616	contain sufficient detail to determine compliance with the
617	requirements of this section. All records shall be available for
618	audit and inspection by the division, the Department of Law
619	Enforcement, or other law enforcement agencies during the
620	licensee's regular business hours. The information required in
621	such records shall be determined by division rule.
622	(8)  A slot machine licensee shall file with the division a
623	report containing the required records of such slot machine
624	operation. A slot machine licensee shall file such report
625	monthly. The required reports shall be submitted on forms
626	prescribed by the division and shall be due at the same time as
627	the monthly pari-mutuel reports are due to the Division of Pari-
628	mutuel Wagering, and the reports shall be deemed public records
629	once filed.
630	(9)  A slot machine licensee shall file with the division
631	an audit of the receipt and distribution of all slot machine
632	revenues provided by an independent certified public accountant
633	verifying compliance with all statutes and regulations imposed
634	by this chapter and the rules promulgated hereunder. The audit
635	shall include verification of compliance with all statutes and
636	regulations regarding all required records of slot machine
637	operations. Such audit shall be filed within 60 days after the
638	completion of the permitholder's pari-mutuel meet.
639	(10)  The division may share any information with the
640	Department of Law Enforcement or any other law enforcement
641	agency having jurisdiction over slot machine gaming or pari-
642	mutuel activities. Any law enforcement agency having
643	jurisdiction over slot machine gaming or pari-mutuel activities
644	may share any information obtained or developed by it with the
645	division.
646	551.1073  Slot machine license renewal.--
647	(1)  Slot machine licenses shall be renewed annually. The
648	application for renewal shall contain all revisions to the
649	information submitted in the prior year's application that are
650	necessary to maintain such information as both accurate and
651	current.
652	(2)  The applicant for renewal shall attest that any
653	information changes do not affect the applicant's qualifications
654	for license renewal.
655	(3)  The applicant shall submit information required by ss.
656	551.30 and be in compliance with rules adopted by the division.
657	(4)  Upon determination by the division that the
658	application for renewal is complete and qualifications have been
659	met, including payment of the renewal fee, the slot machine
660	license shall be renewed annually.
661	551.1075  Payment of taxes; determination and certification
662	of payment of state and local taxes.--
663	(1)  Any domestic or foreign corporation holding a slot
664	machine license must have applied for and been issued a
665	certificate of status by the Department of State evidencing
666	conclusively that the corporation is in existence and authorized
667	to do business in this state.
668	(2)  As a condition for license renewal and for
669	continuation of a license in good standing, the division may
670	determine whether the slot machine licensee has failed to pay
671	all taxes due to the division as a result of the licensee's
672	pari-mutuel and slot machine gaming operations. If the division
673	determines that the slot machine licensee is delinquent in the
674	payment of any such tax, it shall revoke, suspend, or refuse to
675	renew the license of the slot machine licensee.
676	(3)  On or before July 31 of each fiscal year, the
677	Department of Revenue shall certify to the Governor that a
678	corporation or other business entity or an individual holding a
679	slot machine license is current and in good standing in regard
680	to the payment of all state or local taxes due and payable to
681	the Department of Revenue or to an applicable local jurisdiction
682	for the prior fiscal year. If the Department of Revenue does not
683	certify that a licensee is current and in good standing, the
684	division shall revoke, suspend, or refuse to renew the license
685	of a slot machine licensee.
686	551.108  License fee; tax rate.--
687	(1)  LICENSE FEE.--
688	(a)  Upon approval of the application for a slot machine
689	license, the licensee must pay to the division a license fee of
690	$4 million. The license fee shall be paid annually upon renewal
691	of the slot machine license and shall be deposited into the Slot
692	Machine Administrative Trust Fund in the Department of Business
693	and Professional Regulation for the regulation of slot machine
694	gaming under this chapter.
695	(b)  Prior to January 1, 2006, the division shall evaluate
696	the license fee and, in consultation with the board, shall make
697	recommendations to the President of the Senate and the Speaker
698	of the House of Representatives. The recommendations shall focus
699	on the optimum level of slot machine license fees or a
700	combination of fees in order to properly support the slot
701	machine regulatory program.
702	(2)  TAX ON SLOT MACHINE REVENUES.--
703	(a)  The tax rate on slot machine revenues at each facility
704	shall be 55 percent.
705	(b)  The facility shall collect and transmit the tax to the
706	department on a daily basis for deposit into the Slot Machine
707	Administrative Trust Fund in the Department of Business and
708	Professional Regulation for immediate transfer to the
709	Educational Enhancement Trust Fund in the Department of
710	Education. Any interest earnings on the tax revenues shall also
711	be transferred to the Educational Enhancement Trust Fund.
712	(c)  Any expenditures of slot machine taxes shall be used
713	to supplement and not supplant public education dollars. Tax
714	proceeds shall be used first to fund the Laptops for Achievers
715	grant program, which shall be administered by the Department of
716	Education. All school districts are eligible to submit grant
717	applications to participate in the program, in a format to be
718	determined by the department. Each district's grant program
719	shall provide for the laptops to be made available to every
720	public school seventh grade student, including charter school
721	students, and shall require:
722	1.  Integrated use of the laptops with curriculum design,
723	instructional planning, training, and delivery, and
724	communication with parents;
725	2.  School site wiring and appropriate technology
726	infrastructure needs;
727	3.  Assignment of a laptop computer on loan to each student
728	entering seventh grade for use through grade 12;
729	4.  A contract with each student stipulating that if the
730	student earns a passing score on the grade 10 FCAT, as required
731	by ss. 1003.43(5) and 1003.429, the loaned laptop will be
732	upgraded and given to the student to keep as a reward for the
733	student's achievement.
734
735	The State Board of Education shall adopt rules to implement the
736	Laptops for Achievers program.
737	(3)  PAYMENT PROCEDURES.--Tax payments shall be remitted
738	daily, as determined by rule of the division. The slot machine
739	licensee shall file a report under oath by the 5th day of each
740	calendar month for all taxes remitted during the preceding
741	calendar month that shall show all slot machine activities for
742	the preceding calendar month and such other information as may
743	be required by the division.
744	(4)  FAILURE TO PAY TAX; PENALTIES.--A slot machine
745	licensee who fails to make tax payments as required under this
746	section shall be subject to an administrative penalty of up to
747	$1,000 for each day the tax payment is not remitted. All
748	administrative penalties imposed and collected shall be
749	deposited into the Slot Machine Administrative Trust Fund in the
750	Department of Business and Professional Regulation. If any slot
751	machine licensee fails to pay penalties imposed by order of the
752	division under this subsection, the division may suspend,
753	revoke, or refuse to renew the license of the slot machine
754	licensee.
755	(5)  FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR
756	REFUSE TO RENEW THE LICENSE.--In addition to the penalties
757	imposed under subsection (4), any willful or wanton failure by a
758	slot machine licensee to make payments of the tax constitutes
759	sufficient grounds for the division to suspend, revoke, or
760	refuse to renew the license of the slot machine licensee.
761	(6)  SUBMISSION OF FUNDS.--The division may require slot
762	machine licensees to remit taxes, fees, fines, and assessments
763	by electronic funds transfer.
764	551.1091  Occupational license required; application;
765	fee.--
766	(1)  The individuals and entities that are licensed under
767	this section require heightened state scrutiny, including the
768	submission by the individual licensees or persons associated
769	with the entities described in this chapter of fingerprints for
770	a criminal records check.
771	(2)(a)  The following licenses shall be issued to persons
772	or entities with access to the designated slot machine gaming
773	area or to persons who, by virtue of the position they hold,
774	might be granted access to these areas or to any other person or
775	entity in one of the following categories.
776	1.  General occupational licenses for general employees,
777	food service, maintenance, and other similar service and support
778	employees with access to the designated slot machine gaming
779	area. Service and support employees with a current pari-mutuel
780	occupational license issued pursuant to chapter 550 and a
781	current background check are not required to submit to an
782	additional background check for a slot machine occupational
783	license as long as the pari-mutuel occupational license remains
784	in good standing.
785	2.  Professional occupational licenses for any person,
786	proprietorship, partnership, corporation, or other entity that
787	is authorized by a slot machine licensee to manage, oversee, or
788	otherwise control daily operations as a slot machine manager,
789	floor supervisor, security personnel, or any other similar
790	position of oversight of gaming operations.
791	3.  Business occupational licenses for any slot machine
792	management company or slot machine business associated with slot
793	machine gaming or a person who manufactures, distributes, or
794	sells slot machines, slot machine paraphernalia, or other
795	associated equipment to slot machine licensees or any person not
796	an employee of the slot machine licensee who provides
797	maintenance, repair, or upgrades or otherwise services a slot
798	machine or other slot machine equipment.
799	(b)  Slot machine occupational licenses are not
800	transferable.
801	(3)  A slot machine licensee shall not employ or otherwise
802	allow a person to work at a slot machine facility unless such
803	person holds a valid occupational license. A slot machine
804	licensee shall not contract or otherwise do business with a
805	business required to hold a slot machine occupational license
806	unless the business holds such a license. A slot machine
807	licensee shall not employ or otherwise allow a person to work in
808	a supervisory or management professional level at a slot machine
809	facility unless such person holds a valid occupational license.
810	All slot machine occupational licensees, while present in the
811	slot machine gaming area, shall be required to display on their
812	persons their occupational license identification cards.
813	(4)(a)  A person seeking a slot machine occupational
814	license, or renewal thereof, shall make application on forms
815	prescribed by the division and include payment of the
816	appropriate application fee. Initial and renewal applications
817	for slot machine occupational licenses shall contain all the
818	information the division, by rule, may determine is required to
819	ensure eligibility.
820	(b)  The division shall establish, by rule, a schedule for
821	the annual renewal of slot machine occupational licenses.
822	(c)  Pursuant to rules adopted by the division, any person
823	may apply for and, if qualified, be issued an occupational
824	license valid for a period of 3 years upon payment of the full
825	occupational license fee for each of the 3 years for which the
826	license is issued. The occupational license shall be valid
827	during its specified term at any slot machine facility where
828	slot machine gaming is authorized to be conducted.
829	(d)  The slot machine occupational license fee for initial
830	application and annual renewal shall be determined by rule of
831	the division but shall not exceed $50 for a general or
832	professional occupational license for an employee of the slot
833	machine licensee or $1,000 for a business occupational license
834	for nonemployees of the licensee providing goods or services to
835	the slot machine licensee. License fees for general occupational
836	licensees shall be paid for by the slot machine licensee.
837	Failure to pay the required fee shall be grounds for
838	disciplinary action by the division against the slot machine
839	license but shall not be considered a violation of this chapter
840	or rules of the division by the general occupational licensee or
841	a prohibition against the issuance of the initial or the renewal
842	of the general occupational license.
843	(5)  If the state gaming commission or other similar
844	regulatory authority of another state or jurisdiction extends to
845	the division reciprocal courtesy to maintain disciplinary
846	control, the division may:
847	(a)  Deny an application for or revoke, suspend, or place
848	conditions or restrictions on a license of a person or entity
849	who has been refused a license by any other state gaming
850	commission or similar authority; or
851	(b)  Deny an application for or suspend or place conditions
852	on a license of any person or entity who is under suspension or
853	has unpaid fines in another jurisdiction.
854	(6)(a)  The division may deny, suspend, revoke, or declare
855	ineligible any occupational license if the applicant for or
856	holder thereof has violated the provisions of this chapter or
857	the rules of the division governing the conduct of persons
858	connected with slot machine gaming. In addition, the division
859	may deny, suspend, revoke, or declare ineligible any
860	occupational license if the applicant for such license has been
861	convicted in this state, in any other state, or under the laws
862	of the United States of a capital felony, a felony, or an
863	offense in any other state which would be a felony under the
864	laws of this state involving arson; trafficking in, conspiracy
865	to traffic in, smuggling, importing, conspiracy to smuggle or
866	import, or delivery, sale, or distribution of a controlled
867	substance; or a crime involving a lack of good moral character,
868	or has had a slot machine gaming license revoked by this state
869	or any other jurisdiction for an offense related to slot machine
870	gaming.
871	(b)  The division may deny, declare ineligible, or revoke
872	any occupational license if the applicant for such license or
873	the licensee has been convicted of a felony or misdemeanor in
874	this state, in any other state, or under the laws of the United
875	States, if such felony or misdemeanor is related to gambling or
876	bookmaking as contemplated in s. 849.25.
877	(7)  Fingerprints for all slot machine occupational license
878	applications shall be taken in a manner approved by the division
879	and shall be submitted to the Department of Law Enforcement and
880	the Federal Bureau of Investigation for a level II criminal
881	records check upon initial application and every 5 years
882	thereafter. All persons associated with, having a direct or
883	indirect ownership interest in, or employed by or working within
884	a licensed premise, excluding division employees and law
885	enforcement officers assigned by their employing agencies to
886	work within the premises as part of their official duties, are
887	required to not be convicted of any disqualifying criminal
888	offenses as established by division rule. To facilitate the
889	required review of criminal history information, each person
890	listed here is required to submit fingerprints to the division.
891	The division shall forward the fingerprints to the Department of
892	Law Enforcement for state processing. The Department of Law
893	Enforcement shall forward the fingerprints to the Federal Bureau
894	of Investigation for national processing.
895	(a)  Fingerprints shall be taken in a manner approved by
896	the division and shall be submitted electronically to the
897	Department of Law Enforcement and the Federal Bureau of
898	Investigation for a criminal records check upon initial taking,
899	or as required thereafter by rule of the division, and every 5
900	years thereafter. Licensees are required to provide necessary
901	equipment approved by the Department of Law Enforcement to
902	facilitate such electronic submission. The division may by rule
903	require annual criminal history record checks of all persons
904	required to submit to the fingerprint-based criminal records
905	check. The division requirements under this subsection shall be
906	instituted in consultation with the Department of Law
907	Enforcement.
908	(b)  The cost of processing fingerprints and conducting a
909	records check shall be borne by the licensee or the person being
910	checked. The Department of Law Enforcement may invoice the
911	division for the fingerprints submitted each month.
912	(c)  Beginning February 1, 2006, all fingerprints submitted
913	to the Department of Law Enforcement and required by this
914	section shall be retained by the Department of Law Enforcement
915	in a manner provided by rule of the Department of Law
916	Enforcement and entered into the statewide automated fingerprint
917	identification system as authorized by s. 943.05(2)(b). Such
918	fingerprints shall thereafter be available for all purposes and
919	uses authorized for arrest fingerprint cards entered into the
920	statewide automated fingerprint identification system pursuant
921	to s. 943.051.
922	(d)  Beginning February 1, 2006, the Department of Law
923	Enforcement shall search all arrest fingerprints received under
924	s. 943.051 against the fingerprints retained in the statewide
925	automated fingerprint identification system under paragraph (c).
926	Any arrest record that is identified with the retained
927	fingerprints of a person subject to the criminal history
928	screening requirements of this section shall be reported to the
929	division. Each racetrack or fronton is required to participate
930	in this search process by payment of an annual fee to the
931	division which shall forward the payment to the Department of
932	Law Enforcement. The division shall inform the Department of Law
933	Enforcement of any change in the license status of licensees
934	whose fingerprints are retained under subparagraph (c). The
935	amount of the annual fee to be imposed upon each racetrack or
936	fronton for performing these searches and the procedures for the
937	retention of licensee fingerprints and the dissemination of
938	search results shall be established by rule of the Department of
939	Law Enforcement. The fee shall be borne by the person
940	fingerprinted or the licensee.
941	(e)  Every 5 years following issuance of a license or upon
942	conducting a criminal history check as required herein, each
943	person who is so licensed or who was so checked must meet the
944	screening requirements as established by the division rule, at
945	which time the division shall request the Department of Law
946	Enforcement to forward the fingerprints to the Federal Bureau of
947	Investigation for a criminal records check. If, for any reason
948	following initial licensure or criminal history check, the
949	fingerprints of a person who is licensed or who was checked are
950	not retained by the Department of Law Enforcement as provided in
951	this section, the person must file a complete set of
952	fingerprints with the division. Upon submission of fingerprints
953	for this purpose, the division shall request the Department of
954	Law Enforcement to forward the fingerprints to the Federal
955	Bureau of Investigation for a criminal records check, and the
956	fingerprints shall be retained by the Department of Law
957	Enforcement as authorized herein. The cost of the state and
958	national criminal history check required herein shall be borne
959	by the licensee or the person fingerprinted. Under penalty of
960	perjury, each person who is licensed or who is checked as
961	required by this section must agree to inform the division
962	within 48 hours if he or she is convicted of any disqualifying
963	offense while he or she is so licensed.
964	(8)  All moneys collected pursuant to this section shall be
965	deposited into the Slot Machine Administrative Trust Fund.
966	551.1111  Prohibited relationships.--
967	(1)  A person employed by or performing any function on
968	behalf of the division or the board shall not:
969	(a)  Be an officer, director, owner, or employee of any
970	person or entity licensed by the division.
971	(b)  Have or hold any interest, direct or indirect, in or
972	engage in any commerce or business relationship with any person
973	licensed by the division.
974	(2)  No employee of the division or relative living in the
975	same household of such employee of the division shall be allowed
976	to wager at any time on a slot machine located at a facility
977	licensed by the division.
978	(3)  No occupational licensee or relative living in the
979	same household of such occupational licensee shall be allowed to
980	wager at any time on a slot machine located at a facility where
981	that person is employed.
982	(4)  A manufacturer or distributor of slot machines shall
983	not enter into any contract with a slot machine licensee that
984	provides for any revenue sharing of any kind or nature that is,
985	directly or indirectly, calculated on the basis of a percentage
986	of slot machine revenues. Any maneuver, shift, or device whereby
987	this provision is violated shall be a violation of this chapter
988	and shall render any such agreement void.
989	(5)  A manufacturer or distributor of slot machines or any
990	equipment necessary for the operation of slot machines or an
991	officer, director, or employee of any such manufacturer or
992	distributor shall not have any ownership or financial interest
993	in a slot machine license or in any business owned by the slot
994	machine licensee.
995	551.1113  False statements; skimming of slot machine
996	proceeds; cheating; theft; arrest and recovery; penalties.--
997	(1)  Any person who intentionally makes or causes to be
998	made or aids, assists, or procures another to make a false
999	statement in any report, disclosure, application, or any other
1000	document required under this chapter or any rule adopted under
1001	this chapter commits a misdemeanor of the first degree,
1002	punishable as provided in s. 775.082 or s. 775.083.
1003	(2)  Any person who intentionally excludes, or takes any
1004	action in an attempt to exclude, anything or its value from the
1005	deposit, counting, collection, or computation of revenues from
1006	slot machine activity or any person who by trick or sleight of
1007	hand performance, or by a fraud or fraudulent scheme, or device,
1008	for himself or herself or for another, wins or attempts to win
1009	money or property or a combination thereof or reduces a losing
1010	wager or attempts to reduce a losing wager in connection with
1011	slot machine gaming commits a felony of the third degree,
1012	punishable as provided in s. 775.082, s. 775.083, or. 775.084.
1013	(a)  Any law enforcement officer or slot machine operator
1014	who has probable cause to believe that a violation of this
1015	subsection has been committed by a person and that the officer
1016	or operator can recover the lost proceeds from such activity by
1017	taking the person into custody may, for the purpose of
1018	attempting to effect such recovery or for prosecution, take the
1019	person into custody on the premises and detain the person in a
1020	reasonable manner and for a reasonable period of time. If the
1021	operator takes the person into custody, a law enforcement
1022	officer shall be called to the scene immediately. The taking
1023	into custody and detention by a law enforcement officer or slot
1024	machine operator, if done in compliance with this subsection,
1025	does not render such law enforcement officer or slot machine
1026	operator criminally or civilly liable for false arrest, false
1027	imprisonment, or unlawful detention.
1028	(b)  Any law enforcement officer may arrest, either on or
1029	off the premises and without warrant, any person if there is
1030	probable cause to believe that person has violated this
1031	subsection.
1032	(c)  Any person who resists the reasonable effort of a law
1033	enforcement officer or slot machine operator to recover the lost
1034	slot machine proceeds that the law enforcement officer or slot
1035	machine operator had probable cause to believe had been stolen
1036	from the eligible facility, and who is subsequently found to be
1037	guilty of violating this subsection, commits a misdemeanor of
1038	the first degree, punishable as provided in s. 775.082 or s.
1039	775.083, unless such person did not know or did not have reason
1040	to know that the person seeking to recover the lost proceeds was
1041	a law enforcement officer or slot machine operator. For purposes
1042	of this section, the charge of theft and the charge of resisting
1043	apprehension may be tried concurrently.
1044	(d)  Theft of any slot machine proceeds or of property
1045	belonging to the slot machine operator or eligible facility by
1046	an employee of the operator or facility or by an employee of a
1047	person, firm, or entity that has contracted to provide services
1048	to the establishment constitutes a felony of the third degree,
1049	punishable as provided in s. 775.082 or s. 775.083.
1050	551.1115  Slot machines; authorization.--Notwithstanding
1051	any provision of law to the contrary, no slot machine
1052	manufactured, sold, distributed, possessed, or operated
1053	according to the provisions of this chapter shall be considered
1054	unlawful.
1055	551.1119  Facilities of slot machine licensees.--
1056	(1)  In addition to the power to exclude certain persons
1057	from any facility of a slot machine licensee in this state, the
1058	division may exclude any person from any facility of a slot
1059	machine licensee in this state for conduct that would
1060	constitute, if the person were a licensee, a violation of this
1061	chapter or the rules of the division. The division may exclude
1062	from any facility of a slot machine licensee any person who has
1063	been ejected from a facility of a slot machine licensee in this
1064	state or who has been excluded from any facility of a slot
1065	machine licensee or gaming facility in another state by the
1066	governmental department, agency, commission, or authority
1067	exercising regulatory jurisdiction over the gaming in such other
1068	state.
1069	(2)  This section shall not be construed to abrogate the
1070	common law right of a slot machine licensee to exclude a patron
1071	absolutely in this state.
1072	(3)  The division shall require the posting of signs in the
1073	designated slot machine gaming areas warning of the risks and
1074	dangers of gambling, showing the odds of winning, and informing
1075	patrons of the toll-free telephone number available to provide
1076	information and referral services regarding compulsive or
1077	problem gambling.
1078	(4)  The division shall require slot machine licensees to
1079	provide in the designated slot machine gaming area facilities
1080	and equipment sufficient to allow the observation of and
1081	wagering on live, intertrack, and simulcast races and games.
1082	(5)  The permitholder shall provide adequate office space
1083	at no cost to the division and the Department of Law Enforcement
1084	for the oversight of slot machines operations. The division
1085	shall promulgate rules setting the criteria for adequate space,
1086	configuration, and location and needed electronic and
1087	technological requirements for office space required by this
1088	subsection.
1089	551.121  Minors prohibited from playing slot machines.--
1090	(1)  A slot machine licensee or agent or employee of a slot
1091	machine licensee shall not:
1092	(a)  Allow a person who has not attained 21 years of age to
1093	play any slot machine.
1094	(b)  Allow a person who has not attained 21 years of age
1095	access to the designated slot machine gaming area of a facility
1096	of a slot machine licensee.
1097	(c)  Allow a person who has not attained 21 years of age to
1098	be employed in any position allowing or requiring access to the
1099	designated slot machine gaming area of a facility of a slot
1100	machine licensee.
1101	(2)  No person licensed under this chapter, or any agent or
1102	employee of a licensee under this chapter, shall intentionally
1103	allow a person who has not attained 21 years of age to play or
1104	operate a slot machine or have access to the designated slot
1105	machine area of a facility of a slot machine licensee.
1106	551.125  Prohibited activities and devices.--
1107	(1)  No complimentary alcoholic beverages shall be served
1108	to patrons within the designated slot machine gaming areas.
1109	(2)  A slot machine licensee shall not make any loan or
1110	provide credit or advance cash to enable a person to play a slot
1111	machine.
1112	(3)  A slot machine licensee shall not allow any automated
1113	teller machine or similar device designed to provide credit or
1114	dispense cash to be located within 50 feet of a designated slot
1115	machine gaming area within the facilities of the slot machine
1116	licensee.
1117	(4)  A slot machine licensee shall not accept or cash any
1118	third party, corporate, business, or government-issued check
1119	from any person.
1120	(5)  Each slot machine approved for use in this state shall
1121	be protected against manipulation or tampering to affect the
1122	random probabilities of winning plays, and the centralized
1123	computer management system shall enable the division or the
1124	Department of Law Enforcement to suspend play upon suspicion of
1125	any manipulation or tampering. When play has been suspended on
1126	any slot machine, the division or the Department of Law
1127	Enforcement may examine any slot machine to determine whether
1128	the machine has been tampered with or manipulated and whether
1129	the machine should be returned to operation.
1130	(6)  No slot machine or the computer operating system
1131	linking the slot machine shall be linked by any means to any
1132	other slot machine or computer operating system of another slot
1133	machine licensee.
1134	(7)  No outcome of play or continuation of play may be
1135	manipulated, through programming or otherwise, to display a
1136	result that appears to be a near win, gives the impression that
1137	the player is getting close to a win, or in any way gives a
1138	false impression that the chance to win is improved by another
1139	play; however, this subsection does not apply to general
1140	promotional enticements such as graphic displays and sound
1141	effects that do not falsely imply that the chance of winning
1142	improves by continued play.
1143	551.20  Days and hours of operation.--Slot machine gaming
1144	areas may be open 365 days a year. The slot machine gaming areas
1145	may be open only from 10:00 a.m. until 2:00 a.m. Sunday through
1146	Saturday.
1147	551.202  Catering license.--A slot machine licensee is
1148	entitled to a caterer's license pursuant to s. 565.02 on days in
1149	which the pari-mutuel facility is open to the public for slot
1150	machine game play as authorized by this chapter.
1151	551.204  Purchasing and employment by slot machine
1152	licensee.--
1153	(1)  The slot machine licensee shall maintain a policy of
1154	making purchases from vendors in this state. Furthermore, the
1155	slot machine licensee shall create opportunities to purchase
1156	from minority vendors and shall implement the policy and
1157	purchasing opportunities in a nondiscriminatory manner.
1158	(2)  The slot machine licensee shall maintain a policy of
1159	awarding preference in employment to residents of this state, as
1160	defined by law.
1161	(3)  The slot machine licensee shall use the Internet-based
1162	job listing system of the Agency for Workforce Innovation in
1163	advertising employment opportunities. Further, each slot machine
1164	licensee in its gaming operations shall create equal employment
1165	opportunities which shall be implemented in a nondiscriminatory
1166	manner in hiring and promoting employees to achieve the full and
1167	fair participation of women, Asians, blacks, Hispanics, Native
1168	Americans, persons with disabilities, and other protected groups
1169	within the city where the pari-mutuel facility is located, and
1170	an action plan and programs shall be implemented by each slot
1171	machine licensee designed to ensure that the percentage of the
1172	minority population in which the pari-mutuel facility is located
1173	is considered to the extent minority applications are submitted
1174	in equal proportion to the number of jobs open for hiring at
1175	entry level, managerial, supervisory, and any other positions,
1176	unless there is a bona fide occupational qualification requiring
1177	a distinct and unique employment expertise which a minority
1178	applicant does not possess.
1179	551.25  Penalties for violations by licensee.--The division
1180	may revoke or suspend any license issued under this chapter upon
1181	the willful violation by the licensee of any provision of this
1182	chapter or of any rule adopted under this chapter. In lieu of
1183	suspending or revoking a license, the division may impose a
1184	civil penalty against the licensee for a violation of this
1185	chapter or any rule adopted by the division. Except as otherwise
1186	provided in this chapter, the penalty so imposed may not exceed
1187	$1,000 for each count or separate offense. All penalties imposed
1188	and collected must be deposited into the Slot Machine
1189	Administrative Trust Fund in the department.
1190	551.30  State Slot Machine Gaming Board.--
1191	(1)  CREATION.--
1192	(a)  There is created a board known as the State Slot
1193	Machine Gaming Board which shall be housed within the division.
1194	(b)  The board is not a unit or entity of state government.
1195	However, the board is subject to the provisions of s. 24, Art. I
1196	of the State Constitution and chapter 119, relating to public
1197	meetings and records and the provisions of chapter 286 relating
1198	to public meetings and records.
1199	(c)  The principal office of the board shall be in
1200	Tallahassee; however, the board may conduct meetings in any
1201	county where slot machine gaming is authorized to be conducted.
1202	(d)  The board shall hire or contract for all staff
1203	necessary for the proper execution of its powers and duties
1204	within the funds appropriated to implement this section and
1205	shall comply with the code of ethics for public officers and
1206	employees under part III of chapter 112. In no case may the
1207	board expend more than its annual appropriation for staffing and
1208	necessary administrative expenditures, including, but not
1209	limited to, travel and per diem and audit expenditures, using
1210	funds appropriated to implement this section. The funds
1211	appropriated shall be derived from a portion of the imposition
1212	of regulatory fees to offset the costs of regulation.
1213	(e)  The division shall provide administrative support to
1214	the board as requested by the board. In the event of the
1215	dissolution of the board, the division shall be the board's
1216	successor in interest and shall assume all rights, duties, and
1217	obligations of the board.
1218	(2)  PURPOSE.--The board's purpose shall be to provide
1219	administrative advisory oversight to the division's regulation
1220	of slot machine gaming, monitor the impacts of slot machine
1221	gaming in the affected communities and the state as a whole, and
1222	ensure that the intent of s. 23, Art. X of the State
1223	Constitution is met as it relates to the expenditures of taxes
1224	on slot machines to supplement public education.
1225	(3)  MEMBERSHIP.--
1226	(a)  The board shall consist of nine voting members of high
1227	moral character, impeccable reputation, and demonstrable
1228	business expertise. No more than two members shall be residents
1229	of a county where slot machine gaming is authorized to be
1230	conducted. The Governor shall appoint the members of the board.
1231	The director of the division shall serve as an ex officio,
1232	nonvoting member of the board. Appointment of members of the
1233	board shall be confirmed by the Senate.
1234	(b)  Each member of the board shall serve for a term of 4
1235	years, except that initially the Governor shall appoint three
1236	members for a term of 1 year, three members for a term of 2
1237	years, and three members for a term of 4 years to achieve
1238	staggered terms among the members of the board. A member is not
1239	eligible for reappointment to the board, except that a member
1240	appointed to an initial term of 1 year or 2 years may be
1241	reappointed for an additional term of 4 years and a person
1242	appointed to fill a vacancy with 2 years or less remaining on
1243	the term may be reappointed for an additional term of 4 years.
1244	(c)  The Governor shall fill a vacancy on the board. A
1245	vacancy that occurs before the scheduled expiration of the term
1246	of the member shall be filled for the remainder of the unexpired
1247	term.
1248	(d)  Each member of the board who is not otherwise required
1249	to file financial disclosure under s. 8, Art. II of the State
1250	Constitution or s. 112.3144 shall file disclosure of financial
1251	interests under s. 112.3145.
1252	(e)  A person may not be appointed to the board if he or
1253	she has any direct or indirect interest in any slot machine
1254	licensee or any aspect of the gambling industry or any
1255	affiliated activities. A person appointed to the board shall be
1256	deemed an appointed state officer for the purposes of s.
1257	112.313.
1258	(f)  Each member of the board shall serve without
1259	compensation, but shall receive travel and per diem expenses as
1260	provided in s. 112.061 while in the performance of his or her
1261	duties.
1262	(g)  Each member of the board is accountable for the proper
1263	performance of the duties of office, and each member owes a
1264	fiduciary duty to the people of the state to ensure that all
1265	activities are conducted in furtherance of this section. The
1266	Governor may remove a member for malfeasance, misfeasance,
1267	neglect of duty, incompetence, permanent inability to perform
1268	official duties, unexcused absence from three consecutive
1269	meetings of the board, arrest or indictment for a crime that is
1270	a felony or a misdemeanor involving theft or moral turpitude, a
1271	crime of dishonesty, or pleading nolo contendere to, or being
1272	found guilty of, any crime.
1273	(4)  ORGANIZATION; MEETINGS.--
1274	(a)1.  The board shall annually elect a chairperson and a
1275	vice chairperson from among the board's members. The members
1276	may, by a vote of five of the nine board members, remove a
1277	member from the position of chairperson or vice chairperson
1278	prior to the expiration of his or her term as chairperson or
1279	vice chairperson. His or her successor shall be elected to serve
1280	for the balance of the removed chairperson's or vice
1281	chairperson's term.
1282	2.  The chairperson is responsible to ensure that records
1283	are kept of the proceedings of the board and is the custodian of
1284	all books, documents, and papers filed with the board, the
1285	minutes of meetings of the board, and the official seal of the
1286	board.
1287	(b)1.  The board shall meet upon the call of the
1288	chairperson or at the request of a majority of the members, but
1289	no less than quarterly per calendar year.
1290	2.  A majority of the voting members of the board
1291	constitutes a quorum. Except as otherwise provided in this
1292	section, the board may take official action by a majority vote
1293	of the members present at any meeting at which a quorum is
1294	present. Members may not vote by proxy.
1295	3.  A member of the board may participate in a meeting of
1296	the board by telephone or video conference through which each
1297	member may hear every other member.
1298	(5)  POWERS AND DUTIES.--The board:
1299	(a)  May perform all acts and things necessary or
1300	convenient to carry out the powers expressly granted in this
1301	section.
1302	(b)  May recommend to the division and the Legislature
1303	expenditures from regulatory funds provided by this chapter,
1304	including any necessary administrative expenditures consistent
1305	with its powers, and ways to supplement public education from
1306	taxes collected from slot machine gaming.
1307	(c)  May receive and review reports and financial
1308	documentation provided by the slot machine licensee pursuant to
1309	this chapter to monitor compliance with the provisions of this
1310	chapter.
1311	(d)  May receive testimony and information from law
1312	enforcement officials regarding the impact of slot machine
1313	gaming on criminal activity in and around slot machine
1314	facilities.
1315	(e)  May receive testimony and information from local
1316	governments and tourist development councils regarding the
1317	impact of slot machine gaming on their communities and the
1318	tourism of their respective areas.
1319	(f)  May make recommendations to the division and to the
1320	Office of Program Policy Analysis and Government Accountability
1321	on the performance measures for the regulatory responsibilities
1322	set forth in this chapter.
1323	(g)  May monitor criminal activity in and around the slot
1324	machine facilities in this state and recommend to the
1325	Legislature ways to curb such activity.
1326	(h)  May receive testimony from education officials,
1327	education groups, and the public regarding the expenditures of
1328	taxes received from slot machine gaming and make recommendations
1329	to the Legislature on ways to spend these funds to supplement
1330	public education.
1331	(i)  Shall prepare an annual report as prescribed herein.
1332	(j)  Shall make recommendations to the division on
1333	reporting requirements on slot machine gaming facilities. The
1334	board shall recommend to the division the means, method, and
1335	timing of reporting, at a minimum, in the following areas:
1336	1.  The net number and dollar value of all jobs created,
1337	including the number of jobs held by Florida residents.
1338	2.  The total net amount of revenues generated for state
1339	government from all tax and fee sources related to the slot
1340	machine operation.
1341	3.  The measures taken by the slot machine licensee to
1342	prevent, control, and treat problem gambling.
1343	4.  The operational status and quality of operation of the
1344	slot machine licensee's preslot machine pari-mutuel enterprise.
1345	5.  Documentation of continuing capital reinvestment by the
1346	slot machine licensee for the economic benefit of the community.
1347	6.  Information relating to all complaints and charges of
1348	violations by a slot machine facility constituting a nuisance
1349	and the outcome of such charges.
1350	7.  A detailed summary of all lobbying activities conducted
1351	by or on behalf of the slot machine licensee, including the
1352	amount and source of funds expended.
1353	(6)  REVIEW OF RULES.--The division shall provide a copy of
1354	any proposed rules to the board and allow sufficient time for
1355	review and response by the board. Emergency rules shall not be
1356	subject to this requirement.
1357	(7)  ANNUAL REPORT.--By December 1 of each year, the board
1358	shall prepare a report of the activities and outcomes under this
1359	section for the preceding fiscal year. The report, at a minimum,
1360	must include:
1361	(a)  A description of the activities of the board and slot
1362	machine licensees and a description of the substance of reports
1363	required for submission by the licensee to the board.
1364	(b)  A description of the public testimony received by the
1365	board.
1366	(c)  A description of any resolutions from county or
1367	municipal governments or tourist development councils or
1368	affidavits from law enforcement officials received by the board.
1369	(d)  Information on the number and salary level of jobs
1370	created by each of the slot machine licensees, including the
1371	number and salary level of jobs created for residents of this
1372	state.
1373	(e)  Information collected, if any, on the amount and
1374	nature of economic activity generated through the slot machine
1375	operations-related activities of each of the slot machine
1376	licensees.
1377	(f)  A compliance and financial audit of the accounts and
1378	records of the board at the end of the preceding fiscal year
1379	conducted by the division.
1380	(g)  A description of any recommendations made to the
1381	division or the Legislature by the board consistent with its
1382	grant of authority herein.
1383
1384	The board shall submit the report to the Governor, the President
1385	of the Senate, and the Speaker of the House of Representatives.
1386	(8)  OFFICE OF PROGRAM POLICY ANALYSIS AND GOVERNMENT
1387	ACCOUNTABILITY; PROGRAM EVALUATION.--
1388	(a)  Before January 1, 2008, and annually thereafter, the
1389	Office of Program Policy Analysis and Government Accountability
1390	shall conduct a performance audit of the board, the division,
1391	and slot machine licensees relating to the provisions of this
1392	chapter. The audit shall assess the implementation and outcomes
1393	of activities under this chapter. The audit shall include an
1394	evaluation of reports and financial documentation provided to
1395	the board under paragraphs (5)(c)-(e) by the slot machine
1396	licensee, law enforcement officials, local governments, and
1397	tourist development councils, and reports provided to the board
1398	under paragraph (5)(j) including documentation of continuing
1399	capital reinvestment by the slot machine licensee and
1400	information relating to violations by a slot machine facility
1401	constituting a nuisance. At a minimum, the audit shall address:
1402	1.  Performance of the slot machine licensees in operating
1403	slot machine gaming and complying with the rules under this
1404	chapter.
1405	2.  Performance of the board under this chapter.
1406	3.  Compliance by the board with the provisions of this
1407	section and the provisions of the rules.
1408	4.  Economic activity generated through slot machine
1409	operations by the slot machine licensees.
1410	5.  The expenditure of slot machine taxes and whether these
1411	expenditures supplemented or supplanted public education
1412	dollars.
1413	(b)  A report of each audit's findings and recommendations
1414	shall be submitted to the Governor, the President of the Senate,
1415	and the Speaker of the House of Representatives.
1416	551.33  Law enforcement affidavits.--The chief law
1417	enforcement officer of any county or municipality where a slot
1418	machine licensee is authorized to conduct slot machine gaming at
1419	a pari-mutuel facility and the chief law enforcement officer of
1420	any municipality contiguous to a municipality where such slot
1421	machine licensee is authorized to conduct slot machine gaming
1422	shall execute at least once annually an affidavit verifying,
1423	based upon information or belief, whether the applicable local
1424	budgeting authority has provided sufficient funding to
1425	adequately address additional law enforcement responsibilities
1426	directly or indirectly resulting from the slot machine gaming
1427	operations. The affidavit shall be transmitted to the board.
1428	551.34  Local government resolutions.--
1429	(1)  The board of county commissioners and the governing
1430	body of a municipality where a slot machine licensee is
1431	authorized to conduct slot machine gaming and any municipality
1432	contiguous to the municipality where such slot machine licensee
1433	is authorized to conduct slot machine gaming must adopt a
1434	resolution at least once annually that expresses, at a minimum,
1435	whether slot machine gaming is being operated in a manner that
1436	demonstrates a commitment to ameliorate detriment to the public
1437	economic and social health, safety, and welfare of the community
1438	governed by the applicable body.
1439	(2)  The governing body of any municipality that is not
1440	required to adopt a resolution pursuant to subsection (1) may
1441	adopt a resolution addressing slot machine gaming impacts on the
1442	local community. The resolution should contain a recitation of
1443	those factual circumstances which support a conclusion that the
1444	operations of the slot machine licensee have a substantial
1445	effect on the public economic and social health, safety, and
1446	welfare of the municipality.
1447	(3)  The resolution shall be transmitted to the board.
1448	551.341  Tourist development council resolutions.--
1449	(1)  Any tourist development council, organized under the
1450	provisions of part I of chapter 125, or the board of county
1451	commissioners if there is no tourist development council in that
1452	county, must adopt a resolution at least once annually that
1453	expresses, at a minimum, whether slot machine gaming is being
1454	operated in a manner that demonstrates a commitment to the
1455	growth and expansion of tourism in this state and a commitment
1456	to ameliorate detriment to communities that are current tourist
1457	destinations but do not have slot machine gaming being conducted
1458	at pari-mutuel facilities within their jurisdiction.
1459	(2)  The resolution should contain a recitation of those
1460	factual circumstances which support a conclusion that the
1461	operations of slot machine licensees have a substantial positive
1462	or negative effect on the expansion and growth of tourism within
1463	their jurisdiction. Tourism impacts shall be supported, as a
1464	part of the resolution, by statistical data and other practical
1465	collateral impacts and evidence on local tourism activity.
1466	(3)  The resolution shall be transmitted to the board.
1467	551.40  Compulsive gambling program.--The division may
1468	contract for provision of services related to the prevention and
1469	treatment of compulsive and addictive gambling. The terms of any
1470	contract for the provision of such services shall include
1471	accountability standards that must be met by any private
1472	provider. The failure of any private provider to meet any
1473	material terms of the contract, including the accountability
1474	standards, shall constitute a breach of contract or grounds for
1475	nonrenewal. The division may consult with the Department of the
1476	Lottery in the development of the program and the development
1477	and analysis of any procurement for contractual services for its
1478	compulsive or addictive gambling treatment program. The
1479	compulsive or addictive gambling treatment program shall be
1480	funded from the annual nonrefundable regulatory fee provided for
1481	in s. 551.108(1)(a).
1482	Section 5.  Section 849.15, Florida Statutes, is amended to
1483	read:
1484	849.15  Manufacture, sale, possession, etc., of coin-
1485	operated devices prohibited.--
1486	(1)  It is unlawful:
1487	(a)(1)  To manufacture, own, store, keep, possess, sell,
1488	rent, lease, let on shares, lend or give away, transport, or
1489	expose for sale or lease, or to offer to sell, rent, lease, let
1490	on shares, lend or give away, or permit the operation of, or for
1491	any person to permit to be placed, maintained, or used or kept
1492	in any room, space, or building owned, leased or occupied by the
1493	person or under the person's management or control, any slot
1494	machine or device or any part thereof; or
1495	(b)(2)  To make or to permit to be made with any person any
1496	agreement with reference to any slot machine or device, pursuant
1497	to which the user thereof, as a result of any element of chance
1498	or other outcome unpredictable to him or her, may become
1499	entitled to receive any money, credit, allowance, or thing of
1500	value or additional chance or right to use such machine or
1501	device, or to receive any check, slug, token or memorandum
1502	entitling the holder to receive any money, credit, allowance or
1503	thing of value.
1504	(2)  Pursuant to section 2 of that certain chapter of the
1505	Congress of the United States entitled "An act to prohibit
1506	transportation of gaming devices in interstate and foreign
1507	commerce", approved January 2, 1951, being c. 1194, 64 Stat.
1508	1134, and also designated as 15 U.S.C. 1171-1177, the State of
1509	Florida, acting by and through its duly elected and qualified
1510	members of its Legislature, does hereby in this section, and in
1511	accordance with and in compliance with the provisions of section
1512	2 of such chapter of Congress, declare and proclaim that any
1513	county of the State of Florida, within which slot machine gaming
1514	is authorized pursuant to chapter 551 is exempt from the
1515	provisions of section 2 of that certain chapter of the Congress
1516	of the United States entitled "An act to prohibit transportation
1517	of gaming devices in interstate and foreign commerce",
1518	designated U.S.C. 1171-1177, approved January 2, 1951. All
1519	shipments of gaming devices, including slot machines, into any
1520	county of this state within which slot machine gaming is
1521	authorized pursuant to chapter 551, the registering, recording,
1522	and labeling of which have been duly done by the manufacturer or
1523	distributor thereof in accordance with sections 3 and 4 of that
1524	certain chapter of the Congress of the United States entitled,
1525	"An act to prohibit transportation of gaming devices in
1526	interstate and foreign commerce", approved January 2, 1951,
1527	being c. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
1528	1171-1177, shall be deemed legal shipments thereof into any such
1529	county provided the destination of such shipments is to a
1530	licensed eligible facility as defined s. 551.103.
1531	Section 6.  Subsections (1) and (2) of section 895.02,
1532	Florida Statutes, are amended to read:
1533	895.02  Definitions.--As used in ss. 895.01-895.08, the
1534	term:
1535	(1)  "Racketeering activity" means to commit, to attempt to
1536	commit, to conspire to commit, or to solicit, coerce, or
1537	intimidate another person to commit:
1538	(a)  Any crime which is chargeable by indictment or
1539	information under the following provisions of the Florida
1540	Statutes:
1541	1.  Section 210.18, relating to evasion of payment of
1542	cigarette taxes.
1543	2.  Section 403.727(3)(b), relating to environmental
1544	control.
1545	3.  Section 409.920 or s. 409.9201, relating to Medicaid
1546	fraud.
1547	4.  Section 414.39, relating to public assistance fraud.
1548	5.  Section 440.105 or s. 440.106, relating to workers'
1549	compensation.
1550	6.  Section 465.0161, relating to distribution of medicinal
1551	drugs without a permit as an Internet pharmacy.
1552	7.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
1553	499.0691, relating to crimes involving contraband and
1554	adulterated drugs.
1555	8.  Part IV of chapter 501, relating to telemarketing.
1556	9.  Chapter 517, relating to sale of securities and
1557	investor protection.
1558	10.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1559	to dogracing and horseracing.
1560	11.  Chapter 550, relating to jai alai frontons.
1561	12.  Section 551.1113, relating to slot machine gaming.
1562	13.12.  Chapter 552, relating to the manufacture,
1563	distribution, and use of explosives.
1564	14.13.  Chapter 560, relating to money transmitters, if the
1565	violation is punishable as a felony.
1566	15.14.  Chapter 562, relating to beverage law enforcement.
1567	16.15.  Section 624.401, relating to transacting insurance
1568	without a certificate of authority, s. 624.437(4)(c)1., relating
1569	to operating an unauthorized multiple-employer welfare
1570	arrangement, or s. 626.902(1)(b), relating to representing or
1571	aiding an unauthorized insurer.
1572	17.16.  Section 655.50, relating to reports of currency
1573	transactions, when such violation is punishable as a felony.
1574	18.17.  Chapter 687, relating to interest and usurious
1575	practices.
1576	19.18.  Section 721.08, s. 721.09, or s. 721.13, relating
1577	to real estate timeshare plans.
1578	20.19.  Chapter 782, relating to homicide.
1579	21.20.  Chapter 784, relating to assault and battery.
1580	22.21.  Chapter 787, relating to kidnapping.
1581	23.22.  Chapter 790, relating to weapons and firearms.
1582	24.23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1583	s. 796.05, or s. 796.07, relating to prostitution and sex
1584	trafficking.
1585	25.24.  Chapter 806, relating to arson.
1586	26.25.  Section 810.02(2)(c), relating to specified
1587	burglary of a dwelling or structure.
1588	27.26.  Chapter 812, relating to theft, robbery, and
1589	related crimes.
1590	28.27.  Chapter 815, relating to computer-related crimes.
1591	29.28.  Chapter 817, relating to fraudulent practices,
1592	false pretenses, fraud generally, and credit card crimes.
1593	30.29.  Chapter 825, relating to abuse, neglect, or
1594	exploitation of an elderly person or disabled adult.
1595	31.30.  Section 827.071, relating to commercial sexual
1596	exploitation of children.
1597	32.31.  Chapter 831, relating to forgery and
1598	counterfeiting.
1599	33.32.  Chapter 832, relating to issuance of worthless
1600	checks and drafts.
1601	34.33.  Section 836.05, relating to extortion.
1602	35.34.  Chapter 837, relating to perjury.
1603	36.35.  Chapter 838, relating to bribery and misuse of
1604	public office.
1605	37.36.  Chapter 843, relating to obstruction of justice.
1606	38.37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1607	or s. 847.07, relating to obscene literature and profanity.
1608	39.38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1609	s. 849.25, relating to gambling.
1610	40.39.  Chapter 874, relating to criminal street gangs.
1611	41.40.  Chapter 893, relating to drug abuse prevention and
1612	control.
1613	42.41.  Chapter 896, relating to offenses related to
1614	financial transactions.
1615	43.42.  Sections 914.22 and 914.23, relating to tampering
1616	with a witness, victim, or informant, and retaliation against a
1617	witness, victim, or informant.
1618	44.43.  Sections 918.12 and 918.13, relating to tampering
1619	with jurors and evidence.
1620	(b)  Any conduct defined as "racketeering activity" under
1621	18 U.S.C. s. 1961(1).
1622	(2)  "Unlawful debt" means any money or other thing of
1623	value constituting principal or interest of a debt that is
1624	legally unenforceable in this state in whole or in part because
1625	the debt was incurred or contracted:
1626	(a)  In violation of any one of the following provisions of
1627	law:
1628	1.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1629	to dogracing and horseracing.
1630	2.  Chapter 550, relating to jai alai frontons.
1631	3.  Section 551.1113, relating to slot machine gaming.
1632	4.3.  Chapter 687, relating to interest and usury.
1633	5.4.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1634	s. 849.25, relating to gambling.
1635	(b)  In gambling activity in violation of federal law or in
1636	the business of lending money at a rate usurious under state or
1637	federal law.
1638	Section 7.  The Legislature has exclusive authority over
1639	the conduct of all wagering occurring at a slot machine facility
1640	in this state. Only the division and other authorized state
1641	agencies shall administer chapter 551, Florida Statutes, and
1642	regulate the slot machine gaming industry, including operation
1643	of slot machine facilities, games, slot machines, and
1644	centralized computer management systems authorized in chapter
1645	551 and the rules adopted by the division.
1646	Section 8.  Referenda.--
1647	(1)  Notwithstanding any other provision of law, a county
1648	in which a slot machine facility is located may call a
1649	referendum to give the voters an opportunity to deauthorize slot
1650	machine operations as an undue burden on the county, and shall
1651	call such referendum upon a petition signed by the lesser of
1652	10,000 electors or 1 percent of the electors residing within the
1653	county.
1654	(2)  When a referendum is called as a result of a petition
1655	having been signed by a sufficient number of the electors of a
1656	county, the county supervisor of elections shall conduct such
1657	referendum on the day of any state or county primary or general
1658	election that is being held for any purpose other than for the
1659	purpose of deauthorizing slot machine operations as an undue
1660	burden. The question on the ballot shall be:
1661	SHOULD THE OPERATION OF SLOT MACHINES IN [COUNTY NAME] BE
1662	DEAUTHORIZED AS AN UNDUE BURDEN UPON THE COUNTY?
1663	(3)  The results shall be certified to the Division of
1664	Elections of the Department of State.
1665	(4)  Notwithstanding any other provision of law, each
1666	municipality and county in which a slot machine facility is
1667	located and each municipality that is contiguous to a
1668	municipality where a slot machine facility is located may call a
1669	referendum to give the voters an opportunity to declare the slot
1670	machine operation an undue burden on the community, and shall
1671	call such referendum upon:
1672	(a)  Petition signed by the lesser of 1,000 electors or 5
1673	percent of the electors residing within the municipality; or
1674	(b)  Petition signed by the lesser of 10,000 electors or 1
1675	percent of the electors residing within the county.
1676	(5)  When a referendum is called as a result of a
1677	sufficient number of petitions having been signed by the
1678	electors of a county or municipality, the county supervisor of
1679	elections shall conduct such referendum on the day of any state,
1680	county, or municipal primary or general election or on the day
1681	of any election of such county or municipality that is being
1682	held for any purpose other than for the purpose of declaring
1683	whether the operation of slot machines is an undue burden. The
1684	question on the ballot shall be:
1685	SHOULD THE OPERATION OF SLOT MACHINES IN [NAME OF
1686	COUNTY][NAME OF MUNICIPALITY] OR IN A MUNICIPALITY
1687	CONTIGUOUS TO [NAME OF MUNICIPALITY] BE DECLARED AN UNDUE
1688	BURDEN?
1689	(6)  The results shall be transmitted to the board for its
1690	consideration and inclusion in its annual report and to the
1691	Office of Program Policy Analysis and Government Accountability
1692	for its use in conducting performance audits and evaluations.
1693	(7)  Once the question on the ballot has been placed before
1694	the electors of a county or municipality, the question shall not
1695	be presented in another referendum in that county or that
1696	municipality for at least 2 years.
1697	Section 9.  Any tribal-state compact relating to gaming
1698	activities which is entered into by an Indian tribe in this
1699	state and the Governor pursuant to the Indian Gaming Regulatory
1700	Act, 25 U.S.C. ss. 2701 et seq., must be conditioned upon
1701	ratification by the Legislature.
1702	Section 10.  Department of Transportation study of
1703	transportation facilities providing access to pari-mutuel
1704	facilities and Indian reservations; report and recommendations
1705	authorized.--
1706	(1)  The Department of Transportation is directed to
1707	conduct a study of the impacts that slot machine gaming at pari-
1708	mutuel facilities and on Indian reservation lands are having on
1709	public roads and other transportation facilities, regarding
1710	traffic congestion and other mobility issues, facility
1711	maintenance and repair costs, emergency evacuation readiness,
1712	costs of potential future widening or other improvements, and
1713	other impacts on the motoring, nongaming public.
1714	(2)  The study shall include, but is not limited to, the
1715	following information:
1716	(a)  A listing, description, and functional classification
1717	of the access roads to and from pari-mutuel facilities and
1718	Indian reservations that conduct slot machine gaming in the
1719	state.
1720	(b)  An identification of the access roads identified under
1721	paragraph (a) that are either scheduled for improvements within
1722	the Department of Transportation's 5-year work program or are
1723	listed on the 20-year, long-range transportation plan of the
1724	department or a metropolitan planning organization.
1725	(c)  The most recent traffic counts on the access roads and
1726	projected future usage, as well as any projections of impacts on
1727	secondary, feeder, or connector roads, interstate highway exit
1728	and entrance ramps, or other area transportation facilities.
1729	(d)  The safety and maintenance ratings of each access road
1730	and a detailed review of impacts on local and state emergency
1731	management agencies to provide emergency or evacuation services.
1732	(e)  The estimated infrastructure costs to maintain,
1733	improve, or widen these access roads based on future projected
1734	needs.
1735	(f)  The feasibility of implementing tolls on these access
1736	roads or, if already tolled, raising the toll to offset and
1737	mitigate the impacts of traffic generated by pari-mutuel and by
1738	Indian reservation slot machine gaming activities on nontribal
1739	communities in the state and to finance projected future
1740	improvements to the access roads.
1741	(3)  The department shall present its findings and
1742	recommendations in a report to be submitted to the Governor, the
1743	President of the Senate, and the Speaker of the House of
1744	Representatives by January 15, 2006. The report may include any
1745	department recommendations for proposed legislation.
1746	Section 11.  (1)  Sixty-four full-time equivalent positions
1747	are authorized and the sum of $4,792,259 in recurring and
1748	$4,036,486 in nonrecurring funds is hereby appropriated from the
1749	Slot Machine Administrative Trust Fund in the Department of
1750	Business and Professional Regulation for the purpose of carrying
1751	out all regulatory activities provided herein. The Executive
1752	Office of the Governor shall place these funds and positions in
1753	reserve until such time as the Department of Business and
1754	Professional Regulation submits an expenditure plan for approval
1755	to the Executive Office of the Governor, and the chair and vice
1756	chair of the Legislative Budget Commission in accordance with
1757	the provisions of section 216.177, Florida Statutes.
1758	(2)  The sum of $2,634,349 in recurring and $1,814,916 in
1759	nonrecurring funds is hereby appropriated from the Slot Machine
1760	Administrative Trust Fund in the Department of Business and
1761	Professional Regulation for transfer to the Department of Law
1762	Enforcement for the purpose of investigations, intelligence
1763	gathering, background investigations, and any other
1764	responsibilities as provided for herein. Fifty-seven full-time
1765	equivalent positions are authorized and the sum of $2,634,349 in
1766	recurring and $1,814,916 in nonrecurring funds is hereby
1767	appropriated from the Operating Trust Fund in the Department of
1768	Law Enforcement for the purpose of investigations, intelligence
1769	gathering, background investigations, and any other
1770	responsibilities as provided for herein. The Executive Office of
1771	the Governor shall place these funds and positions in reserve
1772	until such time as the Department of Law Enforcement submits an
1773	expenditure plan for approval to the Executive Office of the
1774	Governor and the chair and vice chair of the Legislative Budget
1775	Commission in accordance with the provisions of section 216.177,
1776	Florida Statutes.
1777	(3)  The sum of $158,154 in recurring and $24,498 in
1778	nonrecurring funds is hereby appropriated from the Slot Machine
1779	Administrative Trust Fund in the Department of Business and
1780	Professional Regulation for transfer to the Office of the State
1781	Attorney, 17th Judicial Circuit, for the purpose of prosecution
1782	of offenses associated with gaming operations. Ten full-time
1783	equivalent positions are authorized and the sum of $158,154 in
1784	recurring and $24,498 in nonrecurring funds is hereby
1785	appropriated from the Grants and Donations Trust Fund in the
1786	Office of the State Attorney, 17th Judicial Circuit, for the
1787	purpose of prosecution of offenses associated with gaming
1788	operations. The Executive Office of the Governor shall place
1789	these funds and positions in reserve until such time as the
1790	Office of the State Attorney, 17th Judicial Circuit, submits an
1791	expenditure plan for approval to the Executive Office of the
1792	Governor and the chair and vice chair of the Legislative Budget
1793	Commission in accordance with the provisions of section 216.177,
1794	Florida Statutes.
1795	Section 12.  This act shall take effect July 1, 2005.

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