Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 234
                        Barcode 413584
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD             .                    
       03/29/2005 11:53 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Regulated Industries (Posey) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 849.161, Florida Statutes, is
19  amended to read:
20         849.161  Amusement games or machines; when chapter
21  inapplicable.--
22         (1)(a)1.  Nothing contained in this chapter shall be
23  taken or construed as applicable to a place of business an
24  arcade amusement center having two or more amusement games or
25  machines that:
26         a.  Are operated which operate by means of electronic
27  tokens;
28         b.  Have a centralized mechanism for accumulation of
29  currency;
30         c.  Are capable of calculating the appropriate sales
31  tax and transmitting sales tax reports electronically to the
                                  1
    8:41 AM   03/28/05                             s0234d-ri24-c3r

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 234 Barcode 413584 1 Department of Revenue; 2 d. Have continuous spin with manual game stop operated 3 solely the insertion of a coin and which by application of 4 skill; and 5 e. may Entitle the person playing or operating the 6 game or machine to receive points or coupons electronically 7 recorded on a device in the possession of the person playing 8 or operating the game or machine that confirms the activity of 9 play for audit purposes, which points or coupons may be 10 exchanged for merchandise or gift cards only, excluding cash, 11 and alcoholic beverages, tobacco products, or coupons 12 redeemable for cash, alcoholic beverages, or tobacco products, 13 provided the cost value of the merchandise or prize awarded in 14 exchange for such electronically recorded points or coupons 15 does not exceed 75 cents on any game played. 16 2. Nothing contained in this chapter shall be taken or 17 construed as applicable to any facility authorized by s. 18 849.0931(11)(a)-(d) or any retail dealer who operates as a 19 truck stop, as defined in chapter 336 and which operates a 20 minimum of 6 functional diesel fuel pumps, having amusement 21 games or machines which operate by means of the insertion of a 22 coin or other currency and which by application of skill may 23 entitle the person playing or operating the game or machine to 24 receive points or coupons which may be exchanged for 25 merchandise limited to noncash prizes, toys, novelties, and 26 Florida Lottery products, excluding alcoholic beverages, 27 provided the cost value of the merchandise or prize awarded in 28 exchange for such points or coupons does not exceed 75 cents 29 on any game played. This subparagraph applies only to games 30 and machines which are operated for the entertainment of the 31 general public and tourists as bona fide amusement games or 2 8:41 AM 03/28/05 s0234d-ri24-c3r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 234 Barcode 413584 1 machines. This subsection shall not apply, however, to any 2 game or device defined as a gambling device in 15 U.S.C. s. 3 1171 24 U.S.C. s. 1171, which requires identification of each 4 device by permanently affixing seriatim numbering and name, 5 trade name, and date of manufacture under s. 1173, and 6 registration with the United States Attorney General, unless 7 excluded from applicability of the chapter under s. 1178. 8 This subsection shall not be construed to authorize video 9 poker games or any other game or machine that may be construed 10 as a gambling device under Florida law. 11 (b) Nothing in this subsection shall be taken or 12 construed as applicable to a coin-operated game or device 13 designed and manufactured only for bona fide amusement 14 purposes and not proscribed by s. 849.15, which game or device 15 may, solely by application of skill, entitle the player to 16 replay the game or device at no additional cost, if the game 17 or device: can accumulate and react to no more than 15 free 18 replays; can be discharged of accumulated free replays only by 19 reactivating the game or device for one additional play for 20 such accumulated free replay; can make no permanent record, 21 directly or indirectly, of free replays; and is not classified 22 by the United States as a gambling device in 24 U.S.C. s. 23 1171, which requires identification of each device by 24 permanently affixing seriatim numbering and name, trade name, 25 and date of manufacture under s. 1173, and registration with 26 the United States Attorney General, unless excluded from 27 applicability of the chapter under s. 1178. This subsection 28 may shall not be construed to authorize video poker games, or 29 any other game or machine that may be construed as a gambling 30 device under Florida law. 31 (2) The term "arcade amusement center" as used in this 3 8:41 AM 03/28/05 s0234d-ri24-c3r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 234 Barcode 413584 1 section means a place of business having at least 50 2 coin-operated amusement games or machines on premises which 3 are operated for the entertainment of the general public and 4 tourists as a bona fide amusement facility. 5 (3) A game or machine that may be construed as a 6 gambling device under state law, including video poker games 7 or a game or device that resembles a gambling device as 8 defined in 15 U.S.C. s. 1171, is prohibited at arcade 9 amusement centers. 10 Section 2. Chapter 849, Florida Statutes, does not 11 apply to any children's amusement center having amusement 12 games that operate by means of the insertion of a coin, 13 currency, or a token and that may entitle the person operating 14 the game or machine to receive points or coupons that may be 15 exchanged for noncash prizes, toys, or novelties for children 16 under the age of 14 years. As used in this section, the term 17 "children's amusement center" means a place of business, the 18 general concept or theme of which is the amusement or 19 entertainment of children under the age of 14 years, which 20 operates coin-operated amusement games and machines in which 21 the majority of such games or machines are for the use of or 22 operation by children under the age of 14 years. The term does 23 not include any business that allows the use of video poker 24 games or any other game or device classified as a gambling 25 device in chapter 24 of Title 15 U.S.C. under s. 1171 unless 26 excluded from these requirements under subsection (2) or 27 subsection (3) of 15 U.S.C. s. 1178. Points or coupons 28 received by a player may not be exchanged for any credit card, 29 gift certificate, or similar conveyance or for cash, alcoholic 30 beverages, or tobacco products or coupons redeemable for cash, 31 alcoholic beverages, or tobacco products. 4 8:41 AM 03/28/05 s0234d-ri24-c3r
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 234 Barcode 413584 1 Section 3. This act shall take effect July 1, 2005. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 Delete everything before the enacting clause 7 8 and insert: 9 A bill to be entitled 10 An act relating to gambling; amending s. 11 849.161, F.S.; redefining those amusement games 12 and machines that are exempted from chapter 13 849, F.S., relating to gambling; prohibiting 14 gambling devices at arcade amusement centers; 15 exempting children's amusement centers from 16 chapter 849, F.S.; providing an effective date. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 8:41 AM 03/28/05 s0234d-ri24-c3r