HB 1B

1	A bill to be entitled
2	An act relating to slot machine gaming; creating ch. 551,
3	F.S.; implementing s. 23, Art. X of the State
4	Constitution; authorizing slot machines and slot machine
5	gaming within certain pari-mutuel facilities located in
6	Miami-Dade and Broward Counties upon approval by a local
7	referendum; providing definitions; providing powers and
8	duties of the Division of Pari-mutuel Wagering of the
9	Department of Business and Professional Regulation, the
10	Department of Law Enforcement, and local law enforcement
11	agencies; providing for licensure to conduct slot machine
12	gaming; providing licensing conditions on holders of
13	thoroughbred pari-mutuel wagering permits; providing for
14	slot machine licensure renewal; providing for a license
15	fee and tax rate; providing for payment procedures;
16	providing penalties; requiring slot machine occupational
17	licenses and application fees; providing penalties;
18	prohibiting certain relationships; prohibiting certain
19	acts and providing penalties; providing an exception to
20	prohibitions relating to slot machines; providing for the
21	exclusion of certain persons from facilities; prohibiting
22	persons under 21 years of age from playing slot machines;
23	providing requirements for slot machine gaming areas;
24	providing for days and hours of operation; providing
25	penalties; providing a compulsive or addictive gambling
26	prevention program; providing for funding; providing for a
27	caterer's license; specifying prohibited activities and
28	devices; prohibiting automated teller machines on the
29	property of a slot machine licensee; providing for
30	rulemaking; amending s. 849.15, F.S.; providing for
31	transportation of certain gaming devices in accordance
32	with federal law; amending s. 895.02, F.S.; providing that
33	specified violations related to slot machine gaming
34	constitute racketeering activity; providing that certain
35	debt incurred in violation of specified provisions
36	relating to slot machine gaming constitutes unlawful debt;
37	providing for preemption; authorizing additional positions
38	and providing appropriations; amending s. 215.22, F.S.;
39	exempting taxes imposed on slot machine revenues from
40	specified service charges; providing an effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1.  Chapter 551, Florida Statutes, consisting of
45	sections 551.101, 551.102, 551.103, 551.104, 551.105, 551.106,
46	551.107, 551.108, 551.109, 551.111, 551.112, 551.113, 551.114,
47	551.116, 551.117, 551.118, 551.119, 551.121, and 551.122, is
48	created to read:
49	CHAPTER 551
50	SLOT MACHINES
51
52	551.101  Slot machine gaming authorized.--Any licensed
53	pari-mutuel facility located in Miami-Dade County or Broward
54	County existing at the time of adoption of s. 23, Art. X of the
55	State Constitution that has conducted live racing or games
56	during calendar years 2002 and 2003 may possess slot machines
57	and conduct slot machine gaming at the location where the pari-
58	mutuel permitholder is authorized to conduct pari-mutuel
59	wagering activities pursuant to such permitholder's valid pari-
60	mutuel permit provided that a majority of voters in a countywide
61	referendum have approved the possession of slot machines at such
62	facility in the respective county. Notwithstanding any other
63	provision of law, it is not a crime for a person to participate
64	in slot machine gaming at a pari-mutuel facility licensed to
65	possess and conduct slot machine gaming or to participate in
66	slot machine gaming described in this chapter.
67	551.102  Definitions.--As used in this chapter, the term:
68	(1)  "Distributor" means any person who sells, leases, or
69	offers or otherwise provides, distributes, or services any slot
70	machine or associated equipment for use or play of slot machines
71	in this state. A manufacturer may be a distributor within the
72	state.
73	(2)  "Designated slot machine gaming area" means the area
74	or areas of a facility of a slot machine licensee in which slot
75	machine gaming may be conducted in accordance with the
76	provisions of this chapter.
77	(3)  "Division" means the Division of Pari-mutuel Wagering
78	of the Department of Business and Professional Regulation.
79	(4)  "Eligible facility" means any licensed pari-mutuel
80	facility located in Miami-Dade County or Broward County existing
81	at the time of adoption of s. 23, Art. X of the State
82	Constitution that has conducted live racing or games during
83	calendar years 2002 and 2003 and has been approved by a majority
84	of voters in a countywide referendum to have slot machines at
85	such facility in the respective county.
86	(5)  "Manufacturer" means any person who manufactures,
87	builds, rebuilds, fabricates, assembles, produces, programs,
88	designs, or otherwise makes modifications to any slot machine or
89	associated equipment for use or play of slot machines in this
90	state for gaming purposes. A manufacturer may be a distributor
91	within the state.
92	(6)  "Progressive system" means a computerized system
93	linking slot machines in one or more licensed facilities within
94	this state and offering one or more common progressive payouts
95	based on the amounts wagered.
96	(7)  "Slot machine" means any mechanical or electrical
97	contrivance, terminal, machine, or other device that, upon
98	insertion of a coin, bill, ticket, token, or similar object or
99	upon payment of any consideration whatsoever, including the use
100	of any electronic payment system except a credit card or debit
101	card, is available to play or operate, the play or operation of
102	which, whether by reason of skill or application of the element
103	of chance or both, may deliver or entitle the person or persons
104	playing or operating the contrivance, terminal, machine, or
105	other device to receive cash, billets, tickets, tokens, or
106	electronic credits to be exchanged for cash or to receive
107	merchandise or anything of value whatsoever, whether the payoff
108	is made automatically from the machine or manually. The term
109	includes associated equipment necessary to conduct the operation
110	of the contrivance, terminal, machine, or other device. Slot
111	machines may use spinning reels, video displays, or both. A slot
112	machine is not a "coin-operated amusement machine" as defined in
113	s. 212.02(24) or an amusement game or machine as described in s.
114	849.161, and slot machines are not subject to the tax imposed by
115	s. 212.05(1)(h).
116	(8)  "Slot machine facility" means a facility at which slot
117	machines as defined in this chapter are lawfully offered for
118	play.
119	(9)  "Slot machine license" means a license issued by the
120	division authorizing a pari-mutuel permitholder to place and
121	operate slot machines as provided by s. 23, Art. X of the State
122	Constitution, the provisions of this chapter, and division
123	rules.
124	(10)  "Slot machine licensee" means a pari-mutuel
125	permitholder who holds a license issued by the division pursuant
126	to this chapter that authorizes such person to possess a slot
127	machine within facilities specified in s. 23, Art. X of the
128	State Constitution and allows slot machine gaming.
129	(11)  "Slot machine operator" means a person employed or
130	contracted by the owner of a licensed facility to conduct slot
131	machine gaming at that licensed facility.
132	(12)  "Slot machine revenues" means the total of all cash
133	and property received by the slot machine licensee from the
134	operation of slot machines less the amount of cash, cash
135	equivalents, credits, and prizes paid to winners of slot machine
136	gaming.
137	551.103  Powers and duties of the division and law
138	enforcement.--
139	(1)  The division shall adopt, pursuant to the provisions
140	of ss. 120.536(1) and 120.54, all rules necessary to implement,
141	administer, and regulate slot machine gaming as authorized in
142	this chapter. Such rules must include:
143	(a)  Procedures for applying for a slot machine license and
144	renewal of a slot machine license.
145	(b)  Technical requirements and the qualifications
146	contained in this chapter that are necessary to receive a slot
147	machine license or slot machine occupational license.
148	(c)  Procedures relating to slot machine revenues,
149	including verifying and accounting for such revenues, auditing,
150	and collecting taxes and fees consistent with this chapter.
151	(d)  Procedures for regulating, managing, and auditing the
152	operation, financial data, and program information relating to
153	slot machine gaming that allow the division and the Department
154	of Law Enforcement to audit the operation, financial data, and
155	program information of a slot machine licensee, as required by
156	the division or the Department of Law Enforcement, and provide
157	the division and the Department of Law Enforcement with the
158	ability to monitor, at any time on a real-time basis, wagering
159	patterns, payouts, tax collection, and compliance with any rules
160	adopted by the division for the regulation and control of slot
161	machines operated under this chapter. Such continuous and
162	complete access, at any time on a real-time basis, shall include
163	the ability of either the division or the Department of Law
164	Enforcement to suspend play immediately on particular slot
165	machines if monitoring of the facilities-based computer system
166	indicates possible tampering or manipulation of those slot
167	machines or the ability to suspend play immediately of the
168	entire operation if the tampering or manipulation is of the
169	computer system itself. The division shall notify the Department
170	of Law Enforcement or the Department of Law Enforcement shall
171	notify the division, as appropriate, whenever there is a
172	suspension of play under this paragraph. The division and the
173	Department of Law Enforcement shall exchange such information
174	necessary for and cooperate in the investigation of the
175	circumstances requiring suspension of play under this paragraph.
176	(e)  Procedures for requiring each licensee at his or her
177	own cost and expense to supply the division with a bond having
178	the penal sum of $2 million payable to the Governor and his or
179	her successors in office for the licensee's first year of slot
180	machine operations. Annually thereafter, the licensee shall file
181	a bond having a penal sum that is determined each year by the
182	division pursuant to rules adopted by the division and that
183	approximates the anticipated state revenues from the licensee's
184	slot machine operation; however, the bond may not in any case be
185	less than $2 million. Any bond shall be issued by a surety or
186	sureties approved by the division and the Chief Financial
187	Officer, conditioned to faithfully make the payments to the
188	Chief Financial Officer in his or her capacity as treasurer of
189	the division. The licensee shall be required to keep its books
190	and records and make reports as provided in this chapter and to
191	conduct its slot machine operations in conformity with this
192	chapter and all other provisions of law. Such bond shall be
193	separate and distinct from the bond required in s. 550.125.
194	(f)  Procedures for requiring licensees to maintain
195	specified records and submit any data, information, record, or
196	report, including financial and income records, required by this
197	chapter or determined by the division to be necessary to the
198	proper implementation and enforcement of this chapter.
199	(g)  A requirement that the payout percentage of the slot
200	machines be no less than 85 percent per facility per day.
201	(h)  Minimum standards for security of the facilities,
202	including floor plans, security cameras, and other security
203	equipment.
204	(2)  The division shall conduct such investigations
205	necessary to fulfill its responsibilities under the provisions
206	of this chapter.
207	(3)  The Department of Law Enforcement and local law
208	enforcement agencies shall have concurrent jurisdiction to
209	investigate criminal violations of this chapter and may
210	investigate any other criminal violation of law occurring at the
211	facilities of a slot machine licensee, and such investigations
212	may be conducted in conjunction with the appropriate state
213	attorney.
214	(4)(a)  The division, the Department of Law Enforcement,
215	and local law enforcement agencies shall have unrestricted
216	access to the slot machine licensee's facility at all times and
217	shall require of each slot machine licensee strict compliance
218	with the laws of this state relating to the transaction of such
219	business. The division, the Department of Law Enforcement, and
220	local law enforcement agencies may:
221	1.  Inspect and examine premises where slot machines are
222	offered for play.
223	2.  Inspect slot machines and related equipment and
224	supplies.
225	(b)  In addition, the division may:
226	1.  Collect taxes, assessments, fees, and penalties.
227	2.  Deny, revoke, suspend, or place conditions on the
228	license of a person who violates any provision of this chapter
229	or rule adopted pursuant thereto.
230	(5)  The division shall revoke or suspend the license of
231	any person who is no longer qualified or who is found, after
232	receiving a license, to have been unqualified at the time of
233	application for the license.
234	(6)  This section does not:
235	(a)  Prohibit the Department of Law Enforcement or any law
236	enforcement authority whose jurisdiction includes a licensed
237	facility from conducting investigations of criminal activities
238	occurring at the facility of the slot machine licensee;
239	(b)  Restrict access to the slot machine licensee's
240	facility by the Department of Law Enforcement or any local law
241	enforcement authority whose jurisdiction includes the slot
242	machine licensee's facility; or
243	(c)  Restrict access by the Department of Law Enforcement
244	or local law enforcement authorities to information and records
245	necessary to the investigation of criminal activity that are
246	contained within the slot machine licensee's facility.
247	551.104  License to conduct slot machine gaming.--
248	(1)  Upon application and a finding by the division after
249	investigation that the application is complete and the applicant
250	is qualified and payment of the initial license fee, the
251	division may issue a license to conduct slot machine gaming in
252	the designated slot machine gaming area of the eligible
253	facility. Once licensed, slot machine gaming may be conducted
254	subject to the requirements of this chapter and rules adopted
255	pursuant thereto.
256	(2)  An application may be approved by the division only
257	after the voters of the county where the applicant's facility is
258	located have authorized by referendum slot machines within pari-
259	mutuel facilities in that county as specified in s. 23, Art. X
260	of the State Constitution.
261	(3)  A slot machine license may be issued only to a
262	licensed pari-mutuel permitholder, and slot machine gaming may
263	be conducted only at the same facility at which the permitholder
264	is authorized under its valid pari-mutuel wagering permit to
265	conduct pari-mutuel wagering activities.
266	(4)  As a condition of licensure and to maintain continued
267	authority for the conduct of slot machine gaming, the slot
268	machine licensee shall:
269	(a)  Continue to be in compliance with this chapter.
270	(b)  Continue to be in compliance with chapter 550, where
271	applicable, and maintain the pari-mutuel permit and license in
272	good standing pursuant to the provisions of chapter 550.
273	Notwithstanding any contrary provision of law and in order to
274	expedite the operation of slot machines at eligible facilities,
275	any eligible facility shall be entitled within 60 days after the
276	effective date of this act to amend its 2006-2007 pari-mutuel
277	wagering operating license issued by the division under ss.
278	550.0115 and 550.01215. The division shall issue a new license
279	to the eligible facility to effectuate any approved change.
280	(c)  Conduct no fewer than a full schedule of live racing
281	or games as defined in s. 550.002(11). A permitholder's
282	responsibility to conduct such number of live races or games
283	shall be reduced by the number of races or games that could not
284	be conducted due to the direct result of fire, war, hurricane,
285	or other disaster or event beyond the control of the
286	permitholder.
287	(d)  Upon approval of any changes relating to the pari-
288	mutuel permit by the division, be responsible for providing
289	appropriate current and accurate documentation on a timely basis
290	to the division in order to continue the slot machine license in
291	good standing. Changes in ownership or interest of a slot
292	machine license of 5 percent or more of the stock or other
293	evidence of ownership or equity in the slot machine license or
294	any parent corporation or other business entity that in any way
295	owns or controls the slot machine license shall be approved by
296	the division prior to such change, unless the owner is an
297	existing holder of that license who was previously approved by
298	the division. Changes in ownership or interest of a slot machine
299	license of less than 5 percent, unless such change results in a
300	cumulative total of 5 percent or more, shall be reported to the
301	division within 20 days after the change. The division may then
302	conduct an investigation to ensure that the license is properly
303	updated to show the change in ownership or interest. No
304	reporting is required if the person is holding 5 percent or less
305	equity or securities of a corporate owner of the slot machine
306	licensee that has its securities registered pursuant to s. 12 of
307	the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and
308	if such corporation or entity files with the United States
309	Securities and Exchange Commission the reports required by s. 13
310	of that act or if the securities of the corporation or entity
311	are regularly traded on an established securities market in the
312	United States. A change in ownership or interest of less than 5
313	percent which results in a cumulative ownership or interest of 5
314	percent or more shall be approved by the division prior to such
315	change unless the owner is an existing holder of the license who
316	was previously approved by the division.
317	(e)  Allow the division and the Department of Law
318	Enforcement unrestricted access to and right of inspection of
319	facilities of a slot machine licensee in which any activity
320	relative to the conduct of slot machine gaming is conducted.
321	(f)  Ensure that the facilities-based computer system that
322	the licensee will use for operational and accounting functions
323	of the slot machine facility is specifically structured to
324	facilitate regulatory oversight. The facilities-based computer
325	system shall be designed to provide the division and the
326	Department of Law Enforcement with the ability to monitor, at
327	any time on a real-time basis, the wagering patterns, payouts,
328	tax collection, and such other operations as necessary to
329	determine whether the facility is in compliance with statutory
330	provisions and rules adopted by the division for the regulation
331	and control of slot machine gaming. The division and the
332	Department of Law Enforcement shall have complete and continuous
333	access to this system. Such access shall include the ability of
334	either the division or the Department of Law Enforcement to
335	suspend play immediately on particular slot machines if
336	monitoring of the system indicates possible tampering or
337	manipulation of those slot machines or the ability to suspend
338	play immediately of the entire operation if the tampering or
339	manipulation is of the computer system itself. The computer
340	system shall be reviewed and approved by the division to ensure
341	necessary access, security, and functionality. The division may
342	adopt rules to provide for the approval process.
343	(g)  Ensure that each slot machine is protected from
344	manipulation or tampering to affect the random probabilities of
345	winning plays. The division or the Department of Law Enforcement
346	shall have the authority to suspend play upon reasonable
347	suspicion of any manipulation or tampering. When play has been
348	suspended on any slot machine, the division or the Department of
349	Law Enforcement may examine any slot machine to determine
350	whether the machine has been tampered with or manipulated and
351	whether the machine should be returned to operation.
352	(h)  Submit a security plan, including the facilities'
353	floor plan, the locations of security cameras, and a listing of
354	all security equipment that is capable of observing and
355	electronically recording activities being conducted in the
356	facilities of the slot machine licensee. The security plan must
357	meet the minimum security requirements as determined by the
358	division under s. 551.103(1)(h) and be implemented prior to
359	operation of slot machine gaming. The slot machine licensee's
360	facilities must adhere to the security plan at all times. Any
361	changes to the security plan must be submitted by the licensee
362	to the division prior to implementation. The division shall
363	furnish copies of the security plan and changes in the plan to
364	the Department of Law Enforcement.
365	(i)  Create and file with the division a written policy
366	for:
367	1.  Creating opportunities to purchase from vendors in this
368	state, including minority vendors.
369	2.  Creating opportunities for employment of residents of
370	this state, including minority residents.
371	3.  Ensuring that opportunities for employment are offered
372	on an equal, nondiscriminatory basis.
373	(j)  Ensure that the payout percentage of the slot machines
374	is no less than 85 percent per facility per day.
375	(5)  A slot machine license is not transferable.
376	(6)  A slot machine licensee shall keep and maintain
377	permanent daily records of its slot machine operation and shall
378	maintain such records for a period of not less than 5 years.
379	These records must include all financial transactions and
380	contain sufficient detail to determine compliance with the
381	requirements of this chapter. All records shall be available for
382	audit and inspection by the division, the Department of Law
383	Enforcement, or other law enforcement agencies during the
384	licensee's regular business hours.
385	(7)  A slot machine licensee shall file with the division a
386	monthly report containing the required records of such slot
387	machine operation. The required reports shall be submitted on
388	forms prescribed by the division and shall be due at the same
389	time as the monthly pari-mutuel reports are due to the division,
390	and the reports shall be deemed public records once filed.
391	(8)  A slot machine licensee shall file with the division
392	an audit of the receipt and distribution of all slot machine
393	revenues provided by an independent certified public accountant
394	verifying compliance with all financial and auditing provisions
395	of this chapter and the associated rules adopted under this
396	chapter. The audit must include verification of compliance with
397	all statutes and rules regarding all required records of slot
398	machine operations. Such audit shall be filed within 60 days
399	after the completion of the permitholder's pari-mutuel meet.
400	(9)  The division may share any information with the
401	Department of Law Enforcement, any other law enforcement agency
402	having jurisdiction over slot machine gaming or pari-mutuel
403	activities, or any other state or federal law enforcement agency
404	the division or the Department of Law Enforcement deems
405	appropriate. Any law enforcement agency having jurisdiction over
406	slot machine gaming or pari-mutuel activities may share any
407	information obtained or developed by it with the division.
408	(10)(a)  It is the responsibility of the appropriate state
409	agency and of the judicial branch to identify to the division,
410	in the form and format prescribed by the division, persons owing
411	past due child support collected through a court, including
412	spousal support or alimony for the spouse or former spouse of
413	the obligor if the child support obligation is being enforced by
414	the Department of Revenue. Any slot machine prize of $600 or
415	more to any person having such an outstanding obligation shall
416	be forwarded by the slot machine licensee to the division for
417	distribution to the agency claiming that past due child support
418	is owed. If a balance of prize amount remains after payment of
419	past due child support, the division shall distribute the
420	balance to the prize winner after deduction of the debt.
421	(b)  It is the responsibility of the division to identify
422	to slot machine licensees those persons identified under
423	paragraph (a) as having such outstanding obligations. Slot
424	machine licensees must implement payout procedures to ensure the
425	requirements of this subsection are met.
426	(c)  The division may adopt rules pursuant to ss.
427	120.536(1) and 120.54 to implement the provisions of this
428	subsection.
429	(11)(a)  No slot machine license or renewal thereof shall
430	be issued to an applicant holding a permit under chapter 550 to
431	conduct pari-mutuel wagering meets of thoroughbred racing unless
432	the applicant has on file with the division a binding written
433	agreement between the applicant and the Florida Horsemen's
434	Benevolent and Protective Association, Inc., governing the
435	payment of purses on live thoroughbred races conducted at the
436	licensee's pari-mutuel facility. In addition, no slot machine
437	license or renewal thereof shall be issued to such an applicant
438	unless the applicant has on file with the division a binding
439	written agreement between the applicant and the Florida
440	Thoroughbred Breeders' Association, Inc., governing the payment
441	of breeders', stallion, and special racing awards on live
442	thoroughbred races conducted at the licensee's pari-mutuel
443	facility. The agreement governing purses and the agreement
444	governing awards may direct the payment of such purses and
445	awards from revenues generated by any wagering or gaming the
446	applicant is authorized to conduct under Florida law. All purses
447	and awards shall be subject to the terms of chapter 550. All
448	sums for breeders', stallion, and special racing awards shall be
449	remitted monthly to the Florida Thoroughbred Breeders'
450	Association, Inc., for the payment of awards subject to the
451	administrative fee authorized in s. 550.2625(3).
452	(b)  The division shall suspend a slot machine license if
453	one or more of the agreements required under paragraph (a) are
454	terminated or otherwise cease to operate or if the division
455	determines that the licensee is materially failing to comply
456	with the terms of such an agreement. Any such suspension shall
457	take place in accordance with chapter 120.
458	(c)1.  If an agreement required under paragraph (a) cannot
459	be reached prior to the initial issuance of the slot machine
460	license, either party may request arbitration or, in the case of
461	a renewal, if an agreement required under paragraph (a) is not
462	in place 120 days prior to the scheduled expiration date of the
463	slot machine license, the applicant shall immediately ask the
464	American Arbitration Association to furnish a list of 11
465	arbitrators, each of whom shall have at least 5 years of
466	commercial arbitration experience and no financial interest in
467	or prior relationship with any of the parties or their
468	affiliated or related entities or principals. Each required
469	party to the agreement shall select a single arbitrator from the
470	list provided by the American Arbitration Association within 10
471	days of receipt, and the individuals so selected shall choose
472	one additional arbitrator from the list within the next 10 days.
473	2.  If an agreement required under paragraph (a) is not in
474	place 60 days after the request under subparagraph 1. in the
475	case of an initial slot machine license or, in the case of a
476	renewal, 60 days prior to the scheduled expiration date of the
477	slot machine license, the matter shall be immediately submitted
478	to mandatory binding arbitration to resolve the disagreement
479	between the parties. The three arbitrators selected pursuant to
480	subparagraph 1. shall constitute the panel that shall arbitrate
481	the dispute between the parties pursuant to the American
482	Arbitration Association Commercial Arbitration Rules and chapter
483	682.
484	3.  At the conclusion of the proceedings, which shall be no
485	later than 90 days after the request under subparagraph 1. in
486	the case of an initial slot machine license or, in the case of a
487	renewal, 30 days prior to the scheduled expiration date of the
488	slot machine license, the arbitration panel shall present to the
489	parties a proposed agreement that the majority of the panel
490	believes equitably balances the rights, interests, obligations,
491	and reasonable expectations of the parties. The parties shall
492	immediately enter into such agreement, which shall satisfy the
493	requirements of paragraph (a) and permit issuance of the pending
494	annual slot machine license or renewal. The agreement produced
495	by the arbitration panel under this subparagraph shall be
496	effective until the last day of the license or renewal period or
497	until the parties enter into a different agreement. Each party
498	shall pay its respective costs of arbitration and shall pay one-
499	half of the costs of the arbitration panel, unless the parties
500	otherwise agree. If the agreement produced by the arbitration
501	panel under this subparagraph remains in place 120 days prior to
502	the scheduled issuance of the next annual license renewal, then
503	the arbitration process established in this paragraph will begin
504	again.
505	4.  In the event that neither of the agreements required
506	under paragraph (a) are in place by the deadlines established in
507	this paragraph, arbitration regarding each agreement will
508	proceed independently, with separate lists of arbitrators,
509	arbitration panels, arbitration proceedings, and resulting
510	agreements.
511	5.  With respect to the agreement required under paragraph
512	(a) governing the payment of purses, the arbitration and
513	resulting agreement called for under this paragraph shall be
514	limited to the payment of purses from slot machine revenues
515	only.
516	(d)  If any provision of this subsection or its application
517	to any person or circumstance is held invalid, the invalidity
518	does not affect other provisions or applications of this
519	subsection or chapter which can be given effect without the
520	invalid provision or application, and to this end the provisions
521	of this subsection are severable.
522	551.105  Slot machine license renewal.--
523	(1)  Slot machine licenses shall be effective for 1 year
524	after issuance and shall be renewed annually. The application
525	for renewal must contain all revisions to the information
526	submitted in the prior year's application that are necessary to
527	maintain such information as both accurate and current.
528	(2)  The applicant for renewal shall attest that any
529	information changes do not affect the applicant's qualifications
530	for license renewal.
531	(3)  Upon determination by the division that the
532	application for renewal is complete and qualifications have been
533	met, including payment of the renewal fee, the slot machine
534	license shall be renewed annually.
535	551.106  License fee; tax rate; penalties.--
536	(1)  LICENSE FEE.--
537	(a)  Upon submission of the initial application for a slot
538	machine license and annually thereafter upon submission of an
539	application for renewal of the slot machine license, the
540	licensee must pay to the division a nonrefundable license fee of
541	$3 million. The license fee shall be deposited into the Pari-
542	mutuel Wagering Trust Fund of the Department of Business and
543	Professional Regulation to be used by the division and the
544	Department of Law Enforcement for investigations, regulation of
545	slot machine gaming, and enforcement of slot machine gaming
546	provisions under this chapter. These payments shall be accounted
547	for separately from taxes or fees paid pursuant to the
548	provisions of chapter 550.
549	(b)  Prior to January 1, 2007, the division shall evaluate
550	the license fee and shall make recommendations to the President
551	of the Senate and the Speaker of the House of Representatives
552	regarding the optimum level of slot machine license fees in
553	order to adequately support the slot machine regulatory program.
554	(2)  TAX ON SLOT MACHINE REVENUES.--
555	(a)  The tax rate on slot machine revenues at each facility
556	shall be 55 percent.
557	(b)  The slot machine revenue tax imposed by this section
558	shall be paid to the division for deposit into the Pari-mutuel
559	Wagering Trust Fund for immediate transfer by the Chief
560	Financial Officer for deposit into the Educational Enhancement
561	Trust Fund of the Department of Education. Any interest earnings
562	on the tax revenues shall also be transferred to the Educational
563	Enhancement Trust Fund.
564	(c)  Funds transferred to the Educational Enhancement Trust
565	Fund under paragraph (b) shall be used to supplement public
566	education funding statewide and shall not be used for recurring
567	appropriations.
568	(3)  PAYMENT PROCEDURES.--Such payment shall be remitted to
569	the division by the 5th day of each calendar month for taxes
570	imposed on the preceding month's slot machine revenues. The slot
571	machine licensee shall file a report under oath by the 5th day
572	of each calendar month for all taxes remitted that month, which
573	report must show all slot machine activities for the preceding
574	calendar month and such other revenue information as may be
575	required by the division.
576	(4)  FAILURE TO PAY TAX; PENALTIES.--A slot machine
577	licensee who fails to make tax payments as required under this
578	section is subject to an administrative penalty of up to $10,000
579	for each day the tax payment is not remitted. All administrative
580	penalties imposed and collected shall be deposited into the
581	Pari-mutuel Wagering Trust Fund of the Department of Business
582	and Professional Regulation. If any slot machine licensee fails
583	to pay penalties imposed by order of the division under this
584	subsection, the division may suspend, revoke, or refuse to renew
585	the license of the slot machine licensee.
586	(5)  SUBMISSION OF FUNDS.--The division may require slot
587	machine licensees to remit taxes, fees, fines, and assessments
588	by electronic funds transfer.
589	551.107  Slot machine occupational license; findings;
590	application; fee.--
591	(1)  The Legislature finds that individuals and entities
592	that are licensed under this section require heightened state
593	scrutiny, including the submission by the individual licensees
594	or persons associated with the entities described in this
595	chapter of fingerprints for a criminal history record check.
596	(2)(a)  The following slot machine occupational licenses
597	shall be issued to persons or entities that, by virtue of the
598	position they hold, might be granted access to slot machine
599	gaming areas or to any other person or entity in one of the
600	following categories:
601	1.  General occupational licenses for general employees,
602	including food service, maintenance, and other similar service
603	and support employees having access to the slot machine gaming
604	area.
605	2.  Professional occupational licenses for any person,
606	proprietorship, partnership, corporation, or other entity that
607	is authorized by a slot machine licensee to manage, oversee, or
608	otherwise control daily operations as a slot machine manager, a
609	floor supervisor, security personnel, or any other similar
610	position of oversight of gaming operations.
611	3.  Business occupational licenses for any slot machine
612	management company or company associated with slot machine
613	gaming, any person who manufactures, distributes, or sells slot
614	machines, slot machine paraphernalia, or other associated
615	equipment to slot machine licensees, any company that sells or
616	provides goods or services associated with slot machine gaming
617	to slot machine licensees, or any person not an employee of the
618	slot machine licensee who provides maintenance, repair, or
619	upgrades or otherwise services a slot machine or other slot
620	machine equipment.
621	(b)  Slot machine occupational licenses are not
622	transferable.
623	(3)  A slot machine licensee may not employ or otherwise
624	allow a person to work at a licensed facility unless such person
625	holds the appropriate valid occupational license. A slot machine
626	licensee may not contract or otherwise do business with a
627	business required to hold a slot machine occupational license
628	unless the business holds such a license. A slot machine
629	licensee may not employ or otherwise allow a person to work in a
630	supervisory or management professional level at a licensed
631	facility unless such person holds a valid slot machine
632	occupational license. All slot machine occupational licensees,
633	while present in slot machine gaming areas, shall display on
634	their persons their occupational license identification cards.
635	(4)(a)  A person seeking a slot machine occupational
636	license or renewal thereof shall make application on forms
637	prescribed by the division and include payment of the
638	appropriate application fee. Initial and renewal applications
639	for slot machine occupational licenses must contain all
640	information that the division, by rule, determines is required
641	to ensure eligibility.
642	(b)  The division shall establish, by rule, a schedule for
643	the annual renewal of slot machine occupational licenses.
644	(c)  Pursuant to rules adopted by the division, any person
645	may apply for and, if qualified, be issued a slot machine
646	occupational license valid for a period of 3 years upon payment
647	of the full occupational license fee for each of the 3 years for
648	which the license is issued. The slot machine occupational
649	license is valid during its specified term at any licensed
650	facility where slot machine gaming is authorized to be
651	conducted.
652	(d)  The slot machine occupational license fee for initial
653	application and annual renewal shall be determined by rule of
654	the division but may not exceed $50 for a general or
655	professional occupational license for an employee of the slot
656	machine licensee or $1,000 for a business occupational license
657	for nonemployees of the licensee providing goods or services to
658	the slot machine licensee. License fees for general occupational
659	licensees shall be paid by the slot machine licensee. Failure to
660	pay the required fee constitutes grounds for disciplinary action
661	by the division against the slot machine licensee, but it is not
662	a violation of this chapter or rules of the division by the
663	general occupational licensee and does not prohibit the initial
664	issuance or the renewal of the general occupational license.
665	(5)  The division may:
666	(a)  Deny an application for, or revoke, suspend, or place
667	conditions or restrictions on, a license of a person or entity
668	that has been refused a license by any other state gaming
669	commission, governmental department, agency, or other authority
670	exercising regulatory jurisdiction over the gaming of another
671	state or jurisdiction; or
672	(b)  Deny an application for, or suspend or place
673	conditions on, a license of any person or entity that is under
674	suspension or has unpaid fines in another state or jurisdiction.
675	(6)(a)  The division may deny, suspend, revoke, or refuse
676	to renew any slot machine occupational license if the applicant
677	for such license or the licensee has violated the provisions of
678	this chapter or the rules of the division governing the conduct
679	of persons connected with slot machine gaming. In addition, the
680	division may deny, suspend, revoke, or refuse to renew any slot
681	machine occupational license if the applicant for such license
682	or the licensee has been convicted in this state, in any other
683	state, or under the laws of the United States of a capital
684	felony, a felony, or an offense in any other state that would be
685	a felony under the laws of this state involving arson;
686	trafficking in, conspiracy to traffic in, smuggling, importing,
687	conspiracy to smuggle or import, or delivery, sale, or
688	distribution of a controlled substance; racketeering; or a crime
689	involving a lack of good moral character, or has had a gaming
690	license revoked by this state or any other jurisdiction for any
691	gaming-related offense.
692	(b)  The division may deny, revoke, or refuse to renew any
693	slot machine occupational license if the applicant for such
694	license or the licensee has been convicted of a felony or
695	misdemeanor in this state, in any other state, or under the laws
696	of the United States if such felony or misdemeanor is related to
697	gambling or bookmaking as described in s. 849.25.
698	(c)  For purposes of this subsection, the term "convicted"
699	means having been found guilty, with or without adjudication of
700	guilt, as a result of a jury verdict, nonjury trial, or entry of
701	a plea of guilty or nolo contendere.
702	(7)  Fingerprints for all slot machine occupational license
703	applications shall be taken in a manner approved by the division
704	and shall be submitted electronically to the Department of Law
705	Enforcement for state processing and the Federal Bureau of
706	Investigation for national processing for a criminal history
707	record check. All persons as specified in s. 550.1815(1)(a)
708	employed by or working within a licensed premises shall submit
709	fingerprints for a criminal history record check and may not
710	have been convicted of any disqualifying criminal offenses
711	specified in subsection (6). Division employees and law
712	enforcement officers assigned by their employing agencies to
713	work within the premises as part of their official duties are
714	excluded from the criminal history record check requirements
715	under this subsection. For purposes of this subsection, the term
716	"convicted" means having been found guilty, with or without
717	adjudication of guilt, as a result of a jury verdict, nonjury
718	trial, or entry of a plea of guilty or nolo contendere.
719	(a)  Fingerprints shall be taken in a manner approved by
720	the division upon initial application, or as required thereafter
721	by rule of the division, and shall be submitted electronically
722	to the Department of Law Enforcement for state processing. The
723	Department of Law Enforcement shall forward the fingerprints to
724	the Federal Bureau of Investigation for national processing. The
725	results of the criminal history record check shall be returned
726	to the division for purposes of screening. Licensees shall
727	provide necessary equipment approved by the Department of Law
728	Enforcement to facilitate such electronic submission. The
729	division requirements under this subsection shall be instituted
730	in consultation with the Department of Law Enforcement.
731	(b)  The cost of processing fingerprints and conducting a
732	criminal history record check for a general occupational license
733	shall be borne by the slot machine licensee. The cost of
734	processing fingerprints and conducting a criminal history record
735	check for a business or professional occupational license shall
736	be borne by the person being checked. The Department of Law
737	Enforcement may invoice the division for the fingerprints
738	submitted each month.
739	(c)  All fingerprints submitted to the Department of Law
740	Enforcement and required by this section shall be retained by
741	the Department of Law Enforcement and entered into the statewide
742	automated fingerprint identification system as authorized by s.
743	943.05(2)(b) and shall be available for all purposes and uses
744	authorized for arrest fingerprint cards entered into the
745	statewide automated fingerprint identification system pursuant
746	to s. 943.051.
747	(d)  The Department of Law Enforcement shall search all
748	arrest fingerprints received pursuant to s. 943.051 against the
749	fingerprints retained in the statewide automated fingerprint
750	identification system under paragraph (c). Any arrest record
751	that is identified with the retained fingerprints of a person
752	subject to the criminal history screening requirements of this
753	section shall be reported to the division. Each licensed
754	facility shall pay a fee to the division for the cost of
755	retention of the fingerprints and the ongoing searches under
756	this paragraph. The division shall forward the payment to the
757	Department of Law Enforcement. The amount of the fee to be
758	imposed for performing these searches and the procedures for the
759	retention of licensee fingerprints shall be as established by
760	rule of the Department of Law Enforcement. The division shall
761	inform the Department of Law Enforcement of any change in the
762	license status of licensees whose fingerprints are retained
763	under paragraph (c).
764	(e)  The division shall request the Department of Law
765	Enforcement to forward the fingerprints to the Federal Bureau of
766	Investigation for a national criminal history records check
767	every 3 years following issuance of a license. If the
768	fingerprints of a person who is licensed have not been retained
769	by the Department of Law Enforcement, the person must file a
770	complete set of fingerprints as provided for in paragraph (a).
771	The division shall collect the fees for the cost of the national
772	criminal history record check under this paragraph and shall
773	forward the payment to the Department of Law Enforcement. The
774	cost of processing fingerprints and conducting a criminal
775	history record check under this paragraph for a general
776	occupational license shall be borne by the slot machine
777	licensee. The cost of processing fingerprints and conducting a
778	criminal history record check under this paragraph for a
779	business or professional occupational license shall be borne by
780	the person being checked. The Department of Law Enforcement may
781	invoice the division for the fingerprints submitted each month.
782	Under penalty of perjury, each person who is licensed or who is
783	fingerprinted as required by this section must agree to inform
784	the division within 48 hours if he or she is convicted of or has
785	entered a plea of guilty or nolo contendere to any disqualifying
786	offense, regardless of adjudication.
787	(8)  All moneys collected pursuant to this section shall be
788	deposited into the Pari-mutuel Wagering Trust Fund.
789	551.108  Prohibited relationships.--
790	(1)  A person employed by or performing any function on
791	behalf of the division may not:
792	(a)  Be an officer, director, owner, or employee of any
793	person or entity licensed by the division.
794	(b)  Have or hold any interest, direct or indirect, in or
795	engage in any commerce or business relationship with any person
796	licensed by the division.
797	(2)  A manufacturer or distributor of slot machines may not
798	enter into any contract with a slot machine licensee that
799	provides for any revenue sharing of any kind or nature that is
800	directly or indirectly calculated on the basis of a percentage
801	of slot machine revenues. Any maneuver, shift, or device whereby
802	this subsection is violated is a violation of this chapter and
803	renders any such agreement void.
804	(3)  A manufacturer or distributor of slot machines or any
805	equipment necessary for the operation of slot machines or an
806	officer, director, or employee of any such manufacturer or
807	distributor may not have any ownership or financial interest in
808	a slot machine license or in any business owned by the slot
809	machine licensee.
810	(4)  A licensee or any entity conducting business on or
811	within a licensed slot machine operation may not employ any
812	employee of a law enforcement agency or regulatory agency that
813	has jurisdiction over the licensed premises in an off-duty or
814	secondary employment capacity for work within any designated
815	slot machine gaming area or in any restricted area that supports
816	slot machine operations that requires a slot machine
817	occupational license to enter. If approved by the employee's
818	primary employing agency, off-duty or secondary employment that
819	is not prohibited by this section may be permitted.
820	(5)  An employee of the division or relative living in the
821	same household as such employee of the division may not wager at
822	any time on a slot machine located at a facility licensed by the
823	division.
824	(6)  An occupational licensee or relative living in the
825	same household as such occupational licensee may not wager at
826	any time on a slot machine located at a facility where that
827	person is employed.
828	551.109  Prohibited acts; penalties.--
829	(1)  Except as otherwise provided by law and in addition to
830	any other penalty, any person who knowingly makes or causes to
831	be made, or aids, assists, or procures another to make, a false
832	statement in any report, disclosure, application, or any other
833	document required under this chapter or any rule adopted under
834	this chapter is subject to an administrative fine or civil
835	penalty of up to $10,000.
836	(2)  Except as otherwise provided by law and in addition to
837	any other penalty, any person who possesses a slot machine
838	without the license required by this chapter or who possesses a
839	slot machine at any location other than at the slot machine
840	licensee's facility is subject to an administrative fine or
841	civil penalty of up to $10,000 per machine.
842	(3)  Any person who knowingly excludes, or takes any action
843	in an attempt to exclude, anything of value from the deposit,
844	counting, collection, or computation of revenues from slot
845	machine activity, or any person who by trick, sleight-of-hand
846	performance, a fraud or fraudulent scheme, or device wins or
847	attempts to win, for himself or herself or for another, money or
848	property or a combination thereof or reduces or attempts to
849	reduce a losing wager in connection with slot machine gaming
850	commits a felony of the third degree, punishable as provided in
851	s. 775.082, s. 775.083, or s. 775.084.
852	(4)  Any person who manipulates or attempts to manipulate
853	the outcome, payoff, or operation of a slot machine by physical
854	tampering or by use of any object, instrument, or device,
855	whether mechanical, electrical, magnetic, or involving other
856	means, commits a felony of the third degree, punishable as
857	provided in s. 775.082, s. 775.083, or s. 775.084.
858	(5)  Theft of any slot machine proceeds or of property
859	belonging to the slot machine operator or licensed facility by
860	an employee of the operator or facility or by an employee of a
861	person, firm, or entity that has contracted to provide services
862	to the operator or facility constitutes a felony of the third
863	degree, punishable as provided in s. 775.082 or s. 775.083.
864	(6)(a)  Any law enforcement officer or slot machine
865	operator who has probable cause to believe that a violation of
866	subsection (3), subsection (4), or subsection (5) has been
867	committed by a person and that the officer or operator can
868	recover the lost proceeds from such activity by taking the
869	person into custody may, for the purpose of attempting to effect
870	such recovery or for prosecution, take the person into custody
871	on the premises and detain the person in a reasonable manner and
872	for a reasonable period of time. If the operator takes the
873	person into custody, a law enforcement officer shall be called
874	to the scene immediately. The taking into custody and detention
875	by a law enforcement officer or slot machine operator, if done
876	in compliance with this subsection, does not render such law
877	enforcement officer or slot machine operator criminally or
878	civilly liable for false arrest, false imprisonment, or unlawful
879	detention.
880	(b)  Any law enforcement officer may arrest, either on or
881	off the premises and without warrant, any person if there is
882	probable cause to believe that person has violated subsection
883	(3), subsection (4), or subsection (5).
884	(c)  Any person who resists the reasonable effort of a law
885	enforcement officer or slot machine operator to recover the lost
886	slot machine proceeds that the law enforcement officer or slot
887	machine operator had probable cause to believe had been stolen
888	from the licensed facility and who is subsequently found to be
889	guilty of violating subsection (3), subsection (4), or
890	subsection (5) commits a misdemeanor of the first degree,
891	punishable as provided in s. 775.082 or s. 775.083, unless such
892	person did not know or did not have reason to know that the
893	person seeking to recover the lost proceeds was a law
894	enforcement officer or slot machine operator.
895	(7)  All penalties imposed and collected under this section
896	must be deposited into the Pari-mutuel Wagering Trust Fund of
897	the Department of Business and Professional Regulation.
898	551.111  Legal devices.--Notwithstanding any provision of
899	law to the contrary, a slot machine manufactured, sold,
900	distributed, possessed, or operated according to the provisions
901	of this chapter is not unlawful.
902	551.112  Exclusions of certain persons.--In addition to the
903	power to exclude certain persons from any facility of a slot
904	machine licensee in this state, the division may exclude any
905	person from any facility of a slot machine licensee in this
906	state for conduct that would constitute, if the person were a
907	licensee, a violation of this chapter or the rules of the
908	division. The division may exclude from any facility of a slot
909	machine licensee any person who has been ejected from a facility
910	of a slot machine licensee in this state or who has been
911	excluded from any facility of a slot machine licensee or gaming
912	facility in another state by the governmental department,
913	agency, commission, or authority exercising regulatory
914	jurisdiction over the gaming in such other state. This section
915	does not abrogate the common law right of a slot machine
916	licensee to exclude a patron absolutely in this state.
917	551.113  Persons prohibited from playing slot machines.--
918	(1)  A slot machine licensee or agent or employee of a slot
919	machine licensee may not allow a person who has not attained 21
920	years of age:
921	(a)  To play any slot machine.
922	(b)  To be employed in any position allowing or requiring
923	access to the designated slot machine gaming area of a facility
924	of a slot machine licensee.
925	(2)  A person licensed under this chapter, or any agent or
926	employee of a licensee under this chapter, may not knowingly
927	allow a person who has not attained 21 years of age to play or
928	operate a slot machine or have access to the designated slot
929	machine area of a facility of a slot machine licensee.
930	(3)  The licensed facility shall post clear and conspicuous
931	signage within the designated slot machine gaming areas that
932	states the following:
933
934	THE PLAYING OF SLOT MACHINES BY PERSONS UNDER THE AGE OF 21
935	IS AGAINST FLORIDA LAW (SECTION 551.113, FLORIDA STATUTES).
936	PROOF OF AGE MAY BE REQUIRED AT ANY TIME.
937
938	551.114  Slot machine gaming areas.--
939	(1)  A slot machine licensee may make available for play up
940	to 1,000 slot machines within the property of the facilities of
941	the slot machine licensee.
942	(2)  The slot machine licensee shall display pari-mutuel
943	races or games within the designated slot machine gaming areas
944	and offer patrons within the designated slot machine gaming
945	areas the ability to engage in pari-mutuel wagering on live,
946	intertrack, and simulcast races conducted or offered to patrons
947	of the licensed facility.
948	(3)  The division shall require the posting of signs
949	warning of the risks and dangers of gambling, showing the odds
950	of winning, and informing patrons of the toll-free telephone
951	number available to provide information and referral services
952	regarding compulsive or problem gambling.
953	(4)  Designated slot machine gaming areas may be located
954	within the current live gaming facility or in an existing
955	building that must be contiguous and connected to the live
956	gaming facility. If a designated slot machine gaming area is to
957	be located in a building that is to be constructed, that new
958	building must be contiguous and connected to the live gaming
959	facility.
960	(5)  The permitholder shall provide adequate office space
961	at no cost to the division and the Department of Law Enforcement
962	for the oversight of slot machine operations. The division shall
963	adopt rules establishing the criteria for adequate space,
964	configuration, and location and needed electronic and
965	technological requirements for office space required by this
966	subsection.
967	551.116  Days and hours of operation.--Slot machine gaming
968	areas may be open daily throughout the year. The slot machine
969	gaming areas may be open for a maximum of 16 hours per day.
970	551.117  Penalties.--The division may revoke or suspend any
971	slot machine license issued under this chapter upon the willful
972	violation by the slot machine licensee of any provision of this
973	chapter or of any rule adopted under this chapter. In lieu of
974	suspending or revoking a slot machine license, the division may
975	impose a civil penalty against the slot machine licensee for a
976	violation of this chapter or any rule adopted by the division.
977	Except as otherwise provided in this chapter, the penalty so
978	imposed may not exceed $100,000 for each count or separate
979	offense. All penalties imposed and collected must be deposited
980	into the Pari-mutuel Wagering Trust Fund of the Department of
981	Business and Professional Regulation.
982	551.118  Compulsive or addictive gambling prevention
983	program.--
984	(1)  The slot machine licensee shall offer training to
985	employees on responsible gaming and shall work with a compulsive
986	or addictive gambling prevention program to recognize problem
987	gaming situations and to implement responsible gaming programs
988	and practices.
989	(2)  The division shall, subject to competitive bidding,
990	contract for provision of services related to the prevention of
991	compulsive and addictive gambling. The contract shall provide
992	for an advertising program to encourage responsible gaming
993	practices and to publicize a gambling telephone help line. Such
994	advertisements must be made both publicly and inside the
995	designated slot machine gaming areas of the licensee's
996	facilities. The terms of any contract for the provision of such
997	services shall include accountability standards that must be met
998	by any private provider. The failure of any private provider to
999	meet any material terms of the contract, including the
1000	accountability standards, shall constitute a breach of contract
1001	or grounds for nonrenewal. The division may consult with the
1002	Department of the Lottery in the development of the program and
1003	the development and analysis of any procurement for contractual
1004	services for the compulsive or addictive gambling prevention
1005	program.
1006	(3)  The compulsive or addictive gambling prevention
1007	program shall be funded from an annual nonrefundable regulatory
1008	fee of $250,000 paid by the licensee to the division.
1009	551.119  Caterer's license.--A slot machine licensee is
1010	entitled to a caterer's license pursuant to s. 565.02 on days on
1011	which the pari-mutuel facility is open to the public for slot
1012	machine game play as authorized by this chapter.
1013	551.121  Prohibited activities and devices.--
1014	(1)  Complimentary or reduced-cost alcoholic beverages may
1015	not be served to persons playing a slot machine. Alcoholic
1016	beverages served to persons playing a slot machine shall cost at
1017	least the same amount as alcoholic beverages served to the
1018	general public at a bar within the facility.
1019	(2)  A slot machine licensee may not make any loan, provide
1020	credit, or advance cash in order to enable a person to play a
1021	slot machine. This subsection shall not prohibit automated
1022	ticket redemption machines that dispense cash resulting from the
1023	redemption of tickets from being located in the designated slot
1024	machine gaming area of the slot machine licensee.
1025	(3)  A slot machine licensee may not allow any automated
1026	teller machine or similar device designed to provide credit or
1027	dispense cash to be located within the facilities of the slot
1028	machine licensee.
1029	(4)  A slot machine licensee may not accept or cash any
1030	personal, third-party, corporate, business, or government-issued
1031	check from any person.
1032	(5)  A slot machine, or the computer operating system
1033	linking the slot machine, may not be linked by any means to any
1034	other slot machine or computer operating system of another slot
1035	machine licensee. A progressive system may not be used in
1036	conjunction with slot machines within or between licensed
1037	facilities.
1038	(6)  A slot machine located within a licensed facility
1039	shall accept only tickets or paper currency or an electronic
1040	payment system for wagering and return or deliver payouts to the
1041	player in the form of tickets that may be exchanged for cash,
1042	merchandise, or other items of value. The use of coins, credit
1043	or debit cards, tokens, or similar objects is specifically
1044	prohibited. However, an electronic credit system may be used for
1045	receiving wagers and making payouts.
1046	551.122  Rulemaking.--The division may adopt rules pursuant
1047	to ss. 120.536(1) and 120.54 to administer the provisions of
1048	this chapter. The division may also adopt emergency rules
1049	pursuant to s. 120.54.
1050	Section 2.  Section 849.15, Florida Statutes, is amended to
1051	read:
1052	849.15  Manufacture, sale, possession, etc., of coin-
1053	operated devices prohibited.--
1054	(1)  It is unlawful:
1055	(a)(1)  To manufacture, own, store, keep, possess, sell,
1056	rent, lease, let on shares, lend or give away, transport, or
1057	expose for sale or lease, or to offer to sell, rent, lease, let
1058	on shares, lend or give away, or permit the operation of, or for
1059	any person to permit to be placed, maintained, or used or kept
1060	in any room, space, or building owned, leased or occupied by the
1061	person or under the person's management or control, any slot
1062	machine or device or any part thereof; or
1063	(b)(2)  To make or to permit to be made with any person any
1064	agreement with reference to any slot machine or device, pursuant
1065	to which the user thereof, as a result of any element of chance
1066	or other outcome unpredictable to him or her, may become
1067	entitled to receive any money, credit, allowance, or thing of
1068	value or additional chance or right to use such machine or
1069	device, or to receive any check, slug, token or memorandum
1070	entitling the holder to receive any money, credit, allowance or
1071	thing of value.
1072	(2)  Pursuant to section 2 of that chapter of the Congress
1073	of the United States entitled "An act to prohibit transportation
1074	of gaming devices in interstate and foreign commerce," approved
1075	January 2, 1951, being c. 1194, 64 Stat. 1134, and also
1076	designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
1077	acting by and through the duly elected and qualified members of
1078	its Legislature, does hereby in this section, and in accordance
1079	with and in compliance with the provisions of section 2 of such
1080	chapter of Congress, declare and proclaim that any county of the
1081	State of Florida within which slot machine gaming is authorized
1082	pursuant to chapter 551 is exempt from the provisions of section
1083	2 of that chapter of the Congress of the United States entitled
1084	"An act to prohibit transportation of gaming devices in
1085	interstate and foreign commerce," designated as 15 U.S.C. ss.
1086	1171-1177, approved January 2, 1951. All shipments of gaming
1087	devices, including slot machines, into any county of this state
1088	within which slot machine gaming is authorized pursuant to
1089	chapter 551 and the registering, recording, and labeling of
1090	which have been duly performed by the manufacturer or
1091	distributor thereof in accordance with sections 3 and 4 of that
1092	chapter of the Congress of the United States entitled "An act to
1093	prohibit transportation of gaming devices in interstate and
1094	foreign commerce," approved January 2, 1951, being c. 1194, 64
1095	Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
1096	shall be deemed legal shipments thereof into any such county
1097	provided the destination of such shipments is an eligible
1098	facility as defined s. 551.102.
1099	Section 3.  Subsections (1) and (2) of section 895.02,
1100	Florida Statutes, are amended to read:
1101	895.02  Definitions.--As used in ss. 895.01-895.08, the
1102	term:
1103	(1)  "Racketeering activity" means to commit, to attempt to
1104	commit, to conspire to commit, or to solicit, coerce, or
1105	intimidate another person to commit:
1106	(a)  Any crime which is chargeable by indictment or
1107	information under the following provisions of the Florida
1108	Statutes:
1109	1.  Section 210.18, relating to evasion of payment of
1110	cigarette taxes.
1111	2.  Section 403.727(3)(b), relating to environmental
1112	control.
1113	3.  Section 409.920 or s. 409.9201, relating to Medicaid
1114	fraud.
1115	4.  Section 414.39, relating to public assistance fraud.
1116	5.  Section 440.105 or s. 440.106, relating to workers'
1117	compensation.
1118	6.  Section 443.071(4), relating to creation of a
1119	fictitious employer scheme to commit unemployment compensation
1120	fraud.
1121	7.  Section 465.0161, relating to distribution of medicinal
1122	drugs without a permit as an Internet pharmacy.
1123	8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
1124	499.0691, relating to crimes involving contraband and
1125	adulterated drugs.
1126	9.  Part IV of chapter 501, relating to telemarketing.
1127	10.  Chapter 517, relating to sale of securities and
1128	investor protection.
1129	11.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1130	to dogracing and horseracing.
1131	12.  Chapter 550, relating to jai alai frontons.
1132	13.  Section 551.109, relating to slot machine gaming.
1133	14.13.  Chapter 552, relating to the manufacture,
1134	distribution, and use of explosives.
1135	15.14.  Chapter 560, relating to money transmitters, if the
1136	violation is punishable as a felony.
1137	16.15.  Chapter 562, relating to beverage law enforcement.
1138	17.16.  Section 624.401, relating to transacting insurance
1139	without a certificate of authority, s. 624.437(4)(c)1., relating
1140	to operating an unauthorized multiple-employer welfare
1141	arrangement, or s. 626.902(1)(b), relating to representing or
1142	aiding an unauthorized insurer.
1143	18.17.  Section 655.50, relating to reports of currency
1144	transactions, when such violation is punishable as a felony.
1145	19.18.  Chapter 687, relating to interest and usurious
1146	practices.
1147	20.19.  Section 721.08, s. 721.09, or s. 721.13, relating
1148	to real estate timeshare plans.
1149	21.20.  Chapter 782, relating to homicide.
1150	22.21.  Chapter 784, relating to assault and battery.
1151	23.22.  Chapter 787, relating to kidnapping.
1152	24.23.  Chapter 790, relating to weapons and firearms.
1153	25.24.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1154	s. 796.05, or s. 796.07, relating to prostitution and sex
1155	trafficking.
1156	26.25.  Chapter 806, relating to arson.
1157	27.26.  Section 810.02(2)(c), relating to specified
1158	burglary of a dwelling or structure.
1159	28.27.  Chapter 812, relating to theft, robbery, and
1160	related crimes.
1161	29.28.  Chapter 815, relating to computer-related crimes.
1162	30.29.  Chapter 817, relating to fraudulent practices,
1163	false pretenses, fraud generally, and credit card crimes.
1164	31.30.  Chapter 825, relating to abuse, neglect, or
1165	exploitation of an elderly person or disabled adult.
1166	32.31.  Section 827.071, relating to commercial sexual
1167	exploitation of children.
1168	33.32.  Chapter 831, relating to forgery and
1169	counterfeiting.
1170	34.33.  Chapter 832, relating to issuance of worthless
1171	checks and drafts.
1172	35.34.  Section 836.05, relating to extortion.
1173	36.35.  Chapter 837, relating to perjury.
1174	37.36.  Chapter 838, relating to bribery and misuse of
1175	public office.
1176	38.37.  Chapter 843, relating to obstruction of justice.
1177	39.38.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1178	or s. 847.07, relating to obscene literature and profanity.
1179	40.39.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1180	s. 849.25, relating to gambling.
1181	41.40.  Chapter 874, relating to criminal street gangs.
1182	42.41.  Chapter 893, relating to drug abuse prevention and
1183	control.
1184	43.42.  Chapter 896, relating to offenses related to
1185	financial transactions.
1186	44.43.  Sections 914.22 and 914.23, relating to tampering
1187	with a witness, victim, or informant, and retaliation against a
1188	witness, victim, or informant.
1189	45.44.  Sections 918.12 and 918.13, relating to tampering
1190	with jurors and evidence.
1191	(b)  Any conduct defined as "racketeering activity" under
1192	18 U.S.C. s. 1961(1).
1193	(2)  "Unlawful debt" means any money or other thing of
1194	value constituting principal or interest of a debt that is
1195	legally unenforceable in this state in whole or in part because
1196	the debt was incurred or contracted:
1197	(a)  In violation of any one of the following provisions of
1198	law:
1199	1.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1200	to dogracing and horseracing.
1201	2.  Chapter 550, relating to jai alai frontons.
1202	3.  Section 551.109, relating to slot machine gaming.
1203	4.3.  Chapter 687, relating to interest and usury.
1204	5.4.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1205	s. 849.25, relating to gambling.
1206	(b)  In gambling activity in violation of federal law or in
1207	the business of lending money at a rate usurious under state or
1208	federal law.
1209	Section 4.  The Legislature finds and declares that it has
1210	exclusive authority over the conduct of all wagering occurring
1211	at a slot machine facility in this state. As provided by law,
1212	only the Division of Pari-mutuel Wagering and other authorized
1213	state agencies shall administer chapter 551, Florida Statutes,
1214	and regulate the slot machine gaming industry, including
1215	operation of slot machine facilities, games, slot machines, and
1216	facilities-based computer systems authorized in chapter 551,
1217	Florida Statutes, and the rules adopted by the division.
1218	Section 5.  (1)  For fiscal year 2005-2006, 46 full-time
1219	equivalent positions, with associated salary rate of 1,810,342,
1220	are authorized and the sums of $682,582 in recurring funds and
1221	$1,164,135 in nonrecurring funds from the Pari-mutuel Wagering
1222	Trust Fund and $139,474 in recurring funds and $809,863 in
1223	nonrecurring funds from the Administrative Trust Fund of the
1224	Department of Business and Professional Regulation are hereby
1225	appropriated for the purpose of carrying out all regulatory
1226	activities provided in this act. The Executive Office of the
1227	Governor shall place these funds and positions and the salary
1228	rate in reserve until such time as the Department of Business
1229	and Professional Regulation submits an expenditure plan for
1230	approval to the Executive Office of the Governor and the chair
1231	and vice chair of the Legislative Budget Commission in
1232	accordance with the provisions of s. 216.177, Florida Statutes.
1233	(2)  For fiscal year 2005-2006, the sums of $976,096 in
1234	recurring funds and $1,184,564 in nonrecurring funds are hereby
1235	appropriated from the Pari-mutuel Wagering Trust Fund of the
1236	Department of Business and Professional Regulation for transfer
1237	to the Department of Law Enforcement for the purpose of
1238	investigations, intelligence gathering, background
1239	investigations, and any other responsibilities as provided for
1240	in this act. Thirty-nine full-time equivalent positions, with an
1241	associated salary rate of 1,619,738, are authorized and the sums
1242	of $976,096 in recurring funds and $1,184,564 in nonrecurring
1243	funds are hereby appropriated from the Operating Trust Fund
1244	within the Department of Law Enforcement for the purpose of
1245	investigations, intelligence gathering, background
1246	investigations, and any other responsibilities as provided for
1247	in this act. The Executive Office of the Governor shall place
1248	these funds and positions and the salary rate in reserve until
1249	such time as the Department of Law Enforcement submits an
1250	expenditure plan for approval to the Executive Office of the
1251	Governor and the chair and vice chair of the Legislative Budget
1252	Commission in accordance with the provisions of s. 216.177,
1253	Florida Statutes.
1254	(3)  The sum of $1,000,000 is appropriated for fiscal year
1255	2005-2006 from the Pari-mutuel Wagering Trust Fund of the
1256	Department of Business and Professional Regulation from revenues
1257	received pursuant to s. 551.118, Florida Statutes, for contract
1258	services related to the prevention of compulsive and addictive
1259	gambling.
1260	Section 6.  Paragraph (v) is added to subsection (1) of
1261	section 215.22, Florida Statutes, to read:
1262	215.22  Certain income and certain trust funds exempt.--
1263	(1)  The following income of a revenue nature or the
1264	following trust funds shall be exempt from the appropriation
1265	required by s. 215.20(1):
1266	(v)  Taxes imposed on slot machine revenues pursuant to s.
1267	551.106(2).
1268	Section 7.  This act shall take effect upon becoming a law.

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