Senate Bill sb1038c2
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    Florida Senate - 2007            CS for CS for SB's 1038 & 218
    By the Committees on Finance and Tax; Regulated Industries;
    and Senators Jones, Geller, Rich, King, Argenziano and Hill
    593-2442-07
  1                      A bill to be entitled
  2         An act relating to slot machine gaming, as
  3         authorized by Section 23 of Article X of the
  4         State Constitution; amending s. 551.102, F.S.;
  5         defining the term "nonredeemable credits";
  6         redefining the term "slot machine revenues";
  7         amending s. 551.103, F.S.; deleting a
  8         requirement that the Division of Pari-mutuel
  9         Wagering annually adjust the amount of the bond
10         supplied by a slot machine licensee;
11         establishing the annual amount of bond
12         required; providing for procedures for drug
13         testing; amending s. 551.104, F.S.; providing
14         for implementation of a drug-testing program;
15         amending s. 551.1045, F.S.; providing
16         procedures for temporary occupational licenses;
17         deleting provisions for temporary licensees to
18         be adopted within 180 days; amending s.
19         551.106, F.S.; establishing when payment of the
20         annual slot machine license fee must be made by
21         a licensee; amending s. 551.107, F.S.;
22         authorizing the division to adopt rules to
23         create a single occupational license; providing
24         for validity; providing for additional
25         disciplinary actions; amending s. 551.109,
26         F.S.; exempting slot machine manufacturers and
27         distributors, certain educational facilities,
28         the division, and the Department of Law
29         Enforcement from certain prohibitions against
30         possessing slot machines at a place other than
31         the licensee's facility under certain
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 1         circumstances; authorizing agency rulemaking;
 2         amending s. 551.114, F.S.; increasing the
 3         number of slot machines a licensee may make
 4         available for play; amending s. 551.116, F.S.;
 5         increasing the hours that slot machine gaming
 6         areas may be open upon local government
 7         approval; amending s. 551.121, F.S.;
 8         authorizing automatic teller machines in
 9         certain areas of a pari-mutuel facility;
10         excluding check cashing in the designated slot
11         machine gaming areas; amending s. 849.15, F.S.;
12         clarifying the authority to legally ship slot
13         machines into the state under certain
14         circumstances; providing an effective date.
15  
16  Be It Enacted by the Legislature of the State of Florida:
17  
18         Section 1.  Present subsections (6) through (12) of
19  section 551.102, Florida Statutes, are redesignated as
20  subsections (7) through (13), respectively, a new subsection
21  (6) is added to that section, and present subsection (12) of
22  that section is amended, to read:
23         551.102  Definitions.--As used in this chapter, the
24  term:
25         (6)  "Nonredeemable credits" means slot machine
26  operating credits that cannot be redeemed for cash or any
27  other thing of value by a slot machine, kiosk, or the slot
28  machine licensee and that are provided free of charge to
29  patrons. Such credits do not constitute "nonredeemable
30  credits" until such time as they are metered as credit into a
31  
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 1  slot machine and recorded in the facility-based monitoring
 2  system.
 3         (13)(12)  "Slot machine revenues" means the total of
 4  all cash and property, except nonredeemable credits, received
 5  by the slot machine licensee from the operation of slot
 6  machines less the amount of cash, cash equivalents, credits,
 7  and prizes paid to winners of slot machine gaming.
 8         Section 2.  Paragraph (f) of subsection (1) of section
 9  551.103, Florida Statutes, is amended, and paragraph (j) is
10  added to that subsection, to read:
11         551.103  Powers and duties of the division and law
12  enforcement.--
13         (1)  The division shall adopt, pursuant to the
14  provisions of ss. 120.536(1) and 120.54, all rules necessary
15  to implement, administer, and regulate slot machine gaming as
16  authorized in this chapter. Such rules must include:
17         (f)  Procedures for requiring each licensee at his or
18  her own cost and expense to supply the division with a bond
19  having the penal sum of $2 million payable to the Governor and
20  his or her successors in office for each year of the
21  licensee's first year of slot machine operations. Annually
22  thereafter, the licensee shall file a bond having a penal sum
23  that is determined each year by the division pursuant to rules
24  adopted by the division and that approximates the anticipated
25  state revenues from the licensee's slot machine operation;
26  however, the bond may not in any case be less than $2 million.
27  Any bond shall be issued by a surety or sureties approved by
28  the division and the Chief Financial Officer, conditioned to
29  faithfully make the payments to the Chief Financial Officer in
30  his or her capacity as treasurer of the division. The licensee
31  shall be required to keep its books and records and make
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 1  reports as provided in this chapter and to conduct its slot
 2  machine operations in conformity with this chapter and all
 3  other provisions of law. Such bond shall be separate and
 4  distinct from the bond required in s. 550.125.
 5         (j)  Procedures for requiring slot machine licensees to
 6  implement and establish drug-testing programs for all slot
 7  machine occupational licensees.
 8         Section 3.  Paragraph (i) of subsection (4) of section
 9  551.104, Florida Statutes, is amended to read:
10         551.104  License to conduct slot machine gaming.--
11         (4)  As a condition of licensure and to maintain
12  continued authority for the conduct of slot machine gaming,
13  the slot machine licensee shall:
14         (i)  Create and file with the division a written policy
15  for:
16         1.  Creating opportunities to purchase from vendors in
17  this state, including minority vendors.
18         2.  Creating opportunities for employment of residents
19  of this state, including minority residents.
20         3.  Ensuring opportunities for construction services
21  from minority contractors.
22         4.  Ensuring that opportunities for employment are
23  offered on an equal, nondiscriminatory basis.
24         5.  Training for employees on responsible gaming and
25  working with a compulsive or addictive gambling prevention
26  program to further its purposes as provided for in s. 551.118.
27         6.  The implementation of a drug-testing program that
28  includes, but is not limited to, requiring each employee to
29  sign an agreement that he or she understands that the slot
30  machine facility is a drug-free workplace.
31  
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 1  The slot machine licensee shall use the Internet-based
 2  job-listing system of the Agency for Workforce Innovation in
 3  advertising employment opportunities. Beginning in June 2007,
 4  each slot machine licensee shall provide an annual report to
 5  the division containing information indicating compliance with
 6  this paragraph in regard to minority persons.
 7         Section 4.  Section 551.1045, Florida Statutes, is
 8  amended to read:
 9         551.1045  Temporary licenses.--
10         (1)  Notwithstanding any provision of s. 120.60 to the
11  contrary, the division may issue a temporary occupational
12  license upon the receipt of a complete application from the
13  applicant and a determination if the applicant has not been
14  convicted of or had adjudication withheld on any disqualifying
15  criminal offense. The temporary occupational license remains
16  valid until such time as the division grants an occupational
17  license or notifies the applicant of its intended decision to
18  deny the applicant a license pursuant to the provisions of s.
19  120.60. The division shall adopt rules to administer this
20  subsection. However, not more than one temporary license may
21  be issued for any person in any year.
22         (1)(a)  After 180 days following the effective date of
23  this act, if the division has not adopted rules to implement
24  the provisions of this chapter that allow for the issuance of
25  slot machine licenses within such 180 days, the division shall
26  issue a temporary slot machine license to an applicant if the
27  applicant holds a valid pari-mutuel permit in good standing
28  under chapter 550, the applicant's ownership interests have
29  been previously approved as provided in chapter 550, and the
30  applicant has conducted live racing or games during the
31  calendar years 2002 and 2003 and has paid the license fee
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 1  provided in s. 551.106(1). The slot machine license will
 2  permit the licensee to conduct slot machine gaming in the
 3  designated slot machine gaming areas of the eligible facility.
 4         (b)  The temporary license is valid until the division
 5  has adopted rules implementing the provisions of this chapter
 6  and taken final action on the filed application under its
 7  final adopted rules. Once the division has adopted rules
 8  implementing the provisions of this chapter, it shall complete
 9  review of any filed application and shall issue a license
10  under s. 551.104 if the licensee meets the requirements of
11  this chapter and rules adopted by the division.
12         (2)(a)  A manufacturer or distributor of slot machines
13  who has applied for a license under s. 551.107 shall be issued
14  a temporary business occupational license if it holds a valid
15  license to manufacture or distribute slot machines in a state
16  where gaming is lawful.
17         (b)  The temporary license is valid until the division
18  has adopted rules implementing the provisions of this chapter
19  and taken final action on the filed application under its
20  final adopted rules. Once the division has adopted rules
21  implementing the provisions of this chapter, it shall complete
22  review of any filed application and shall issue a license
23  under s. 551.107 if the licensee meets the requirements of
24  this chapter and rules adopted by the division.
25         (2)(3)  A temporary license issued under this section
26  is nontransferable. Any temporary license issued under this
27  section shall be valid during the pendency of any challenge to
28  the rules.
29         Section 5.  Paragraph (a) of subsection (1) of section
30  551.106, Florida Statutes, is amended to read:
31         551.106  License fee; tax rate; penalties.--
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 1         (1)  LICENSE FEE.--
 2         (a)  Upon submission of the initial application for a
 3  slot machine license and annually thereafter, upon the
 4  anniversary date of the issuance of the initial license
 5  submission of an application for renewal of the slot machine
 6  license, the licensee must pay to the division a nonrefundable
 7  license fee of $3 million for the succeeding 12 months of
 8  licensure. The license fee shall be deposited into the
 9  Pari-mutuel Wagering Trust Fund of the Department of Business
10  and Professional Regulation to be used by the division and the
11  Department of Law Enforcement for investigations, regulation
12  of slot machine gaming, and enforcement of slot machine gaming
13  provisions under this chapter. These payments shall be
14  accounted for separately from taxes or fees paid pursuant to
15  the provisions of chapter 550.
16         Section 6.  Subsection (2) and paragraph (b) of
17  subsection (4) of section 551.107, Florida Statutes, are
18  amended, and subsections (9), (10), and (11) are added to that
19  section, to read:
20         551.107  Slot machine occupational license; findings;
21  application; fee.--
22         (2)(a)  The following slot machine occupational
23  licenses shall be issued to persons or entities that, by
24  virtue of the positions they hold, might be granted access to
25  slot machine gaming areas or to any other person or entity in
26  one of the following categories:
27         1.  General occupational licenses for general
28  employees, including food service, maintenance, and other
29  similar service and support employees having access to the
30  slot machine gaming area.
31  
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 1         2.  Professional occupational licenses for any person,
 2  proprietorship, partnership, corporation, or other entity that
 3  is authorized by a slot machine licensee to manage, oversee,
 4  or otherwise control daily operations as a slot machine
 5  manager, a floor supervisor, security personnel, or any other
 6  similar position of oversight of gaming operations, or any
 7  person who is not an employee of the slot machine licensee and
 8  who provides maintenance, repair, or upgrades or otherwise
 9  services a slot machine or other slot machine equipment.
10         3.  Business occupational licenses for any slot machine
11  management company or company associated with slot machine
12  gaming, any person who manufactures, distributes, or sells
13  slot machines, slot machine paraphernalia, or other associated
14  equipment to slot machine licensees, any company that sells or
15  provides goods or services associated with slot machine gaming
16  to slot machine licensees, or any person not an employee of
17  the slot machine licensee who provides maintenance, repair, or
18  upgrades or otherwise services a slot machine or other slot
19  machine equipment.
20         (b)  The division may issue one license to combine
21  licenses under this section with pari-mutuel occupational
22  licenses and cardroom licenses pursuant to s. 550.105(2)(d).
23  The division shall adopt rules pertaining to occupational
24  licenses under this subsection. Such rules may specify, but
25  need not be limited to, requirements and restrictions for
26  licensed occupations and categories, procedures to apply for
27  any license or combination of licenses, disqualifying criminal
28  offenses for a licensed occupation or categories of
29  occupations, and which types of occupational licenses may be
30  combined into single license under this section. The
31  fingerprinting requirements of subsection (7) apply to any
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 1  combination license that includes slot machine license
 2  privileges under this section. The division may not adopt a
 3  rule allowing the issuance of an occupational license to any
 4  person who does not meet the minimum background qualifications
 5  under this section.
 6         (b)  Notwithstanding any provision of law to the
 7  contrary, a pari-mutuel occupational licensee holding a
 8  currently valid pari-mutuel occupational license is eligible
 9  to act as a slot machine occupational licensee upon the
10  effective date of this act until such time as rules have been
11  adopted and such pari-mutuel occupational licensee has been
12  provided a reasonable opportunity to comply with the rules.
13         (c)  Slot machine occupational licenses are not
14  transferable.
15         (4)
16         (b)  A slot machine license or combination license is
17  valid for the same term as a pari-mutuel occupational license
18  issued pursuant to s. 550.105(1). The division shall
19  establish, by rule, a schedule for the annual renewal of slot
20  machine occupational licenses.
21         (9)  The division may deny, revoke, or suspend any
22  occupational license if the applicant or holder of the license
23  accumulates unpaid obligations, defaults in obligations, or
24  issues drafts or checks that are dishonored or for which
25  payment is refused without reasonable cause.
26         (10)  The division may fine or suspend, revoke, or
27  place conditions upon the license of any licensee who provides
28  false information under oath regarding an application for a
29  license or an investigation by the division.
30         (11)  The division may impose a civil fine of up to
31  $5,000 for each violation of this chapter or the rules of the
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 1  division in addition to or in lieu of any other penalty
 2  provided for in this section. The division may adopt a penalty
 3  schedule for violations of this chapter or any rule adopted
 4  pursuant to this chapter for which it would impose a fine in
 5  lieu of a suspension and adopt rules allowing for the issuance
 6  of citations, including procedures to address such citations,
 7  to persons who violate such rules. In addition to any other
 8  penalty provided by law, the division may exclude from all
 9  licensed slot machine facilities in this state, for a period
10  not to exceed the period of suspension, revocation, or
11  ineligibility, any person whose occupational license
12  application has been declared ineligible to hold an
13  occupational license, or whose occupational license has been
14  suspended or revoked by the division.
15         Section 7.  Subsection (2) of section 551.109, Florida
16  Statutes, is amended to read:
17         551.109  Prohibited acts; penalties.--
18         (2)  Except as otherwise provided by law and in
19  addition to any other penalty, any person who possesses a slot
20  machine without the license required by this chapter or who
21  possesses a slot machine at any location other than at the
22  slot machine licensee's facility is subject to an
23  administrative fine or civil penalty of up to $10,000 per
24  machine. The prohibition in this subsection does not apply to:
25         (a)  Slot machine manufacturers or slot machine
26  distributors that hold appropriate licenses issued by the
27  division who are authorized to maintain a slot machine storage
28  and maintenance facility at any location in a county in which
29  slot machine gaming is authorized by this chapter. The
30  division may adopt rules regarding security and access to the
31  storage facility and inspections by the division.
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 1         (b)  Certified educational facilities that are
 2  authorized to maintain slot machines for the sole purpose of
 3  education and licensure, if any, of slot machine technicians,
 4  inspectors or investigators. The division and the Department
 5  of Law Enforcement may possess slot machines for training and
 6  testing purposes. The division may adopt rules regarding the
 7  regulation of any such slot machines used for educational,
 8  training, or testing purposes.
 9         Section 8.  Subsection (1) of section 551.114, Florida
10  Statutes, is amended to read:
11         551.114  Slot machine gaming areas.--
12         (1)  A slot machine licensee may make available for
13  play up to 2,000 1,500 slot machines within the property of
14  the facilities of the slot machine licensee.
15         Section 9.  Section 551.116, Florida Statutes, is
16  amended to read:
17         551.116  Days and hours of operation.--Slot machine
18  gaming areas may be open daily throughout the year. The slot
19  machine gaming areas may be open for a maximum of 16 hours per
20  day, except that the hours of operation may be extended by
21  majority vote of the governing body of the municipality where
22  the slot machine facility is located or the governing body of
23  the county if the slot machine facility is not located in a
24  municipality.
25         Section 10.  Section 551.121, Florida Statutes, is
26  amended to read:
27         551.121  Prohibited activities and devices;
28  exceptions.--
29         (1)  Complimentary or reduced-cost alcoholic beverages
30  may not be served to persons playing a slot machine. Alcoholic
31  beverages served to persons playing a slot machine shall cost
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 1  at least the same amount as alcoholic beverages served to the
 2  general public at a bar within the facility.
 3         (2)  A slot machine licensee may not make any loan,
 4  provide credit, or advance cash in order to enable a person to
 5  play a slot machine. This subsection shall not prohibit
 6  automated ticket redemption machines that dispense cash
 7  resulting from the redemption of tickets from being located in
 8  the designated slot machine gaming area of the slot machine
 9  licensee.
10         (3)  A slot machine licensee may not allow any
11  automated teller machine or similar device designed to provide
12  credit or dispense cash to be located within the designated
13  slot machine gaming areas of a facility of a facilities of the
14  slot machine licensee.
15         (4)  A slot machine licensee may not accept or cash any
16  personal, third-party, corporate, business, or
17  government-issued check from any person within the designated
18  slot machine gaming areas of a facility of a slot machine
19  licensee.
20         (5)  A slot machine, or the computer operating system
21  linking the slot machine, may not be linked by any means to
22  any other slot machine or computer operating system of another
23  slot machine licensee. A progressive system may not be used in
24  conjunction with slot machines within or between licensed
25  facilities.
26         (6)  A slot machine located within a licensed facility
27  shall accept only tickets or paper currency or an electronic
28  payment system for wagering and return or deliver payouts to
29  the player in the form of tickets that may be exchanged for
30  cash, merchandise, or other items of value. The use of coins,
31  credit or debit cards, tokens, or similar objects is
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 1  specifically prohibited. However, an electronic credit system
 2  may be used for receiving wagers and making payouts.
 3         Section 11.  Subsection (2) of section 849.15, Florida
 4  Statutes, is amended to read:
 5         849.15  Manufacture, sale, possession, etc., of
 6  coin-operated devices prohibited.--
 7         (2)  Pursuant to section 2 of that chapter of the
 8  Congress of the United States entitled "An act to prohibit
 9  transportation of gaming devices in interstate and foreign
10  commerce," approved January 2, 1951, being ch. 1194, 64 Stat.
11  1134, and also designated as 15 U.S.C. ss. 1171-1177, the
12  State of Florida, acting by and through the duly elected and
13  qualified members of its Legislature, does hereby in this
14  section, and in accordance with and in compliance with the
15  provisions of section 2 of such chapter of Congress, declare
16  and proclaim that any county of the State of Florida within
17  which slot machine gaming is authorized pursuant to chapter
18  551 is exempt from the provisions of section 2 of that chapter
19  of the Congress of the United States entitled "An act to
20  prohibit transportation of gaming devices in interstate and
21  foreign commerce," designated as 15 U.S.C. ss. 1171-1177,
22  approved January 2, 1951. All shipments of gaming devices,
23  including slot machines, into any county of this state within
24  which slot machine gaming is authorized pursuant to chapter
25  551 and the registering, recording, and labeling of which have
26  been duly performed by the manufacturer or distributor thereof
27  in accordance with sections 3 and 4 of that chapter of the
28  Congress of the United States entitled "An act to prohibit
29  transportation of gaming devices in interstate and foreign
30  commerce," approved January 2, 1951, being ch. 1194, 64 Stat.
31  1134, and also designated as 15 U.S.C. ss. 1171-1177, shall be
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 1  deemed legal shipments thereof into this state any such county
 2  provided the destination of such shipments is an eligible
 3  facility as defined in s. 551.102 or the facility of a slot
 4  machine manufacturer or slot machine distributor as provided
 5  in s. 551.109(2)(a).
 6         Section 12.  This act shall take effect upon becoming a
 7  law.
 8  
 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         CS/SB 1038 & 218
11                                 
12  The Committee Substitute made the following changes to CS/SB
    1038 & 218:
13  
    1)   Provides that the hours of operation may be extended by
14       majority vote of the municipality where the slot machine
         facility is located or the governing body of the county
15       if the slot machine facility is not located in the
         municipality.
16  
    2)   Provides that a slot machine licensee may not accept or
17       cash any check within the designated slot machine gaming
         areas.
18  
    3)   Allows slot machines or the computer operating system to
19       be linked by any means to any other slot machine or
         computer operating system of another slot machine
20       licensee. It allows a progressive system to be used in
         conjunction with slot machines within or between licensed
21       facilities.
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
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