CS/HB 1047

1
A bill to be entitled
2An act relating to slot machine gaming, as authorized by
3Section 23 of Article X of the State Constitution;
4amending s. 551.102, F.S.; defining the term
5"nonredeemable credits"; redefining the term "slot machine
6revenues"; amending s. 551.103, F.S.; deleting a
7requirement that the Division of Pari-mutuel Wagering
8annually adjust the amount of the bond supplied by a slot
9machine licensee; establishing the annual amount of bond
10required; providing for procedures for drug testing;
11amending s. 551.104, F.S.; providing for implementation of
12a drug-testing program; amending s. 551.1045, F.S.;
13providing procedures for temporary occupational licenses;
14deleting provisions for temporary licensees to be adopted
15within 180 days; amending s. 551.106, F.S.; establishing
16when payment of the annual slot machine license fee must
17be made by a licensee; amending s. 551.107, F.S.;
18authorizing the division to adopt rules to create a single
19occupational license; providing for validity; providing
20for additional disciplinary actions and civil fines;
21amending s. 551.109, F.S.; exempting slot machine
22manufacturers and distributors, certain educational
23facilities, the division, and the Department of Law
24Enforcement from certain prohibitions against possessing
25slot machines at a place other than the licensee's
26facility under certain circumstances; authorizing agency
27rulemaking; amending s. 551.114, F.S.; increasing the
28number of slot machines a licensee may make available for
29play; amending s. 551.116, F.S.; increasing the hours that
30slot machine gaming areas may be open; amending s.
31551.121, F.S.; authorizing automatic teller machines in
32certain areas of a pari-mutuel facility; revising
33prohibition against cashing checks to allow cashing checks
34outside the designated slot machine gaming area;
35authorizing the linking of machines within the slot
36machine facility for the purpose of progressive games;
37amending s. 849.15, F.S.; clarifying the authority to
38legally ship slot machines into the state under certain
39circumstances; providing an appropriation; providing an
40effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Present subsections (6) through (12) of section
45551.102, Florida Statutes, are redesignated as subsections (7)
46through (13), respectively, a new subsection (6) is added to
47that section, and present subsection (12) of that section is
48amended, to read:
49     551.102  Definitions.--As used in this chapter, the term:
50     (6)  "Nonredeemable credits" means slot machine operating
51credits that cannot be redeemed for cash or any other thing of
52value by a slot machine, kiosk, or the slot machine licensee and
53that are provided free of charge to patrons. Such credits do not
54constitute "nonredeemable credits" until such time as they are
55metered as credit into a slot machine and recorded in the
56facility-based monitoring system.
57     (13)(12)  "Slot machine revenues" means the total of all
58cash and property, except nonredeemable credits, received by the
59slot machine licensee from the operation of slot machines less
60the amount of cash, cash equivalents, credits, and prizes paid
61to winners of slot machine gaming.
62     Section 2.  Paragraph (f) of subsection (1) of section
63551.103, Florida Statutes, is amended, and paragraph (j) is
64added to that subsection, to read:
65     551.103  Powers and duties of the division and law
66enforcement.--
67     (1)  The division shall adopt, pursuant to the provisions
68of ss. 120.536(1) and 120.54, all rules necessary to implement,
69administer, and regulate slot machine gaming as authorized in
70this chapter. Such rules must include:
71     (f)  Procedures for requiring each licensee at his or her
72own cost and expense to supply the division with a bond having
73the penal sum of $2 million payable to the Governor and his or
74her successors in office for each year of the licensee's first
75year of slot machine operations. Annually thereafter, the
76licensee shall file a bond having a penal sum that is determined
77each year by the division pursuant to rules adopted by the
78division and that approximates the anticipated state revenues
79from the licensee's slot machine operation; however, the bond
80may not in any case be less than $2 million. Any bond shall be
81issued by a surety or sureties approved by the division and the
82Chief Financial Officer, conditioned to faithfully make the
83payments to the Chief Financial Officer in his or her capacity
84as treasurer of the division. The licensee shall be required to
85keep its books and records and make reports as provided in this
86chapter and to conduct its slot machine operations in conformity
87with this chapter and all other provisions of law. Such bond
88shall be separate and distinct from the bond required in s.
89550.125.
90     (j)  Procedures for requiring slot machine licensees to
91implement and establish drug-testing programs for all slot
92machine occupational licensees.
93     Section 3.  Paragraph (i) of subsection (4) of section
94551.104, Florida Statutes, is amended to read:
95     551.104  License to conduct slot machine gaming.--
96     (4)  As a condition of licensure and to maintain continued
97authority for the conduct of slot machine gaming, the slot
98machine licensee shall:
99     (i)  Create and file with the division a written policy
100for:
101     1.  Creating opportunities to purchase from vendors in this
102state, including minority vendors.
103     2.  Creating opportunities for employment of residents of
104this state, including minority residents.
105     3.  Ensuring opportunities for construction services from
106minority contractors.
107     4.  Ensuring that opportunities for employment are offered
108on an equal, nondiscriminatory basis.
109     5.  Training for employees on responsible gaming and
110working with a compulsive or addictive gambling prevention
111program to further its purposes as provided for in s. 551.118.
112     6.  The implementation of a drug-testing program that
113includes, but is not limited to, requiring each employee to sign
114an agreement that he or she understands that the slot machine
115facility is a drug-free workplace.
116
117The slot machine licensee shall use the Internet-based job-
118listing system of the Agency for Workforce Innovation in
119advertising employment opportunities. Beginning in June 2007,
120each slot machine licensee shall provide an annual report to the
121division containing information indicating compliance with this
122paragraph in regard to minority persons.
123     Section 4.  Section 551.1045, Florida Statutes, is amended
124to read:
125     551.1045  Temporary licenses.--
126     (1)  Notwithstanding any provision of s. 120.60 to the
127contrary, the division may issue a temporary occupational
128license upon the receipt of a complete application from the
129applicant and a determination that the applicant has not been
130convicted of or had adjudication withheld on any disqualifying
131criminal offense. The temporary occupational license remains
132valid until such time as the division grants an occupational
133license or notifies the applicant of its intended decision to
134deny the applicant a license pursuant to the provisions of s.
135120.60. The division shall adopt rules to administer this
136subsection. However, not more than one temporary license may be
137issued for any person in any year.
138     (1)(a)  After 180 days following the effective date of this
139act, if the division has not adopted rules to implement the
140provisions of this chapter that allow for the issuance of slot
141machine licenses within such 180 days, the division shall issue
142a temporary slot machine license to an applicant if the
143applicant holds a valid pari-mutuel permit in good standing
144under chapter 550, the applicant's ownership interests have been
145previously approved as provided in chapter 550, and the
146applicant has conducted live racing or games during the calendar
147years 2002 and 2003 and has paid the license fee provided in s.
148551.106(1). The slot machine license will permit the licensee to
149conduct slot machine gaming in the designated slot machine
150gaming areas of the eligible facility.
151     (b)  The temporary license is valid until the division has
152adopted rules implementing the provisions of this chapter and
153taken final action on the filed application under its final
154adopted rules. Once the division has adopted rules implementing
155the provisions of this chapter, it shall complete review of any
156filed application and shall issue a license under s. 551.104 if
157the licensee meets the requirements of this chapter and rules
158adopted by the division.
159     (2)(a)  A manufacturer or distributor of slot machines who
160has applied for a license under s. 551.107 shall be issued a
161temporary business occupational license if it holds a valid
162license to manufacture or distribute slot machines in a state
163where gaming is lawful.
164     (b)  The temporary license is valid until the division has
165adopted rules implementing the provisions of this chapter and
166taken final action on the filed application under its final
167adopted rules. Once the division has adopted rules implementing
168the provisions of this chapter, it shall complete review of any
169filed application and shall issue a license under s. 551.107 if
170the licensee meets the requirements of this chapter and rules
171adopted by the division.
172     (2)(3)  A temporary license issued under this section is
173nontransferable. Any temporary license issued under this section
174shall be valid during the pendency of any challenge to the
175rules.
176     Section 5.  Paragraph (a) of subsection (1) of section
177551.106, Florida Statutes, is amended to read:
178     551.106  License fee; tax rate; penalties.--
179     (1)  LICENSE FEE.--
180     (a)  Upon submission of the initial application for a slot
181machine license and annually thereafter, on the anniversary date
182of the issuance of the initial license upon submission of an
183application for renewal of the slot machine license, the
184licensee must pay to the division a nonrefundable license fee of
185$3 million for the succeeding 12 months of licensure. The
186license fee shall be deposited into the Pari-mutuel Wagering
187Trust Fund of the Department of Business and Professional
188Regulation to be used by the division and the Department of Law
189Enforcement for investigations, regulation of slot machine
190gaming, and enforcement of slot machine gaming provisions under
191this chapter. These payments shall be accounted for separately
192from taxes or fees paid pursuant to the provisions of chapter
193550.
194     Section 6.  Subsection (2) and paragraph (b) of subsection
195(4) of section 551.107, Florida Statutes, are amended, and
196subsections (9), (10), and (11) are added to that section, to
197read:
198     551.107  Slot machine occupational license; findings;
199application; fee.--
200     (2)(a)  The following slot machine occupational licenses
201shall be issued to persons or entities that, by virtue of the
202positions they hold, might be granted access to slot machine
203gaming areas or to any other person or entity in one of the
204following categories:
205     1.  General occupational licenses for general employees,
206including food service, maintenance, and other similar service
207and support employees having access to the slot machine gaming
208area.
209     2.  Professional occupational licenses for any person,
210proprietorship, partnership, corporation, or other entity that
211is authorized by a slot machine licensee to manage, oversee, or
212otherwise control daily operations as a slot machine manager, a
213floor supervisor, security personnel, or any other similar
214position of oversight of gaming operations, or any person who is
215not an employee of the slot machine licensee and who provides
216maintenance, repair, or upgrades or otherwise services a slot
217machine or other slot machine equipment.
218     3.  Business occupational licenses for any slot machine
219management company or company associated with slot machine
220gaming, any person who manufactures, distributes, or sells slot
221machines, slot machine paraphernalia, or other associated
222equipment to slot machine licensees, or any company that sells
223or provides goods or services associated with slot machine
224gaming to slot machine licensees, or any person not an employee
225of the slot machine licensee who provides maintenance, repair,
226or upgrades or otherwise services a slot machine or other slot
227machine equipment.
228     (b)  The division may issue one license to combine licenses
229under this section with pari-mutuel occupational licenses and
230cardroom licenses pursuant to s. 550.105(2)(b). The division
231shall adopt rules pertaining to occupational licenses under this
232subsection. Such rules may specify, but need not be limited to,
233requirements and restrictions for licensed occupations and
234categories, procedures to apply for any license or combination
235of licenses, disqualifying criminal offenses for a licensed
236occupation or categories of occupations, and which types of
237occupational licenses may be combined into a single license
238under this section. The fingerprinting requirements of
239subsection (7) apply to any combination license that includes
240slot machine license privileges under this section. The division
241may not adopt a rule allowing the issuance of an occupational
242license to any person who does not meet the minimum background
243qualifications under this section.
244     (b)  Notwithstanding any provision of law to the contrary,
245a pari-mutuel occupational licensee holding a currently valid
246pari-mutuel occupational license is eligible to act as a slot
247machine occupational licensee upon the effective date of this
248act until such time as rules have been adopted and such pari-
249mutuel occupational licensee has been provided a reasonable
250opportunity to comply with the rules.
251     (c)  Slot machine occupational licenses are not
252transferable.
253     (4)
254     (b)  A slot machine license or combination license is valid
255for the same term as a pari-mutuel occupational license issued
256pursuant to s. 550.105(1). The division shall establish, by
257rule, a schedule for the annual renewal of slot machine
258occupational licenses.
259     (9)  The division may deny, revoke, or suspend any
260occupational license if the applicant or holder of the license
261accumulates unpaid obligations, defaults in obligations, or
262issues drafts or checks that are dishonored or for which payment
263is refused without reasonable cause.
264     (10)  The division may fine or suspend, revoke, or place
265conditions upon the license of any licensee who provides false
266information under oath regarding an application for a license or
267an investigation by the division.
268     (11)  The division may impose a civil fine of up to $5,000
269for each violation of this chapter or the rules of the division
270in addition to or in lieu of any other penalty provided for in
271this section. The division may adopt a penalty schedule for
272violations of this chapter or any rule adopted pursuant to this
273chapter for which it would impose a fine in lieu of a suspension
274and adopt rules allowing for the issuance of citations,
275including procedures to address such citations, to persons who
276violate such rules. In addition to any other penalty provided by
277law, the division may exclude from all licensed slot machine
278facilities in this state, for a period not to exceed the period
279of suspension, revocation, or ineligibility, any person whose
280occupational license application has been declared ineligible to
281hold an occupational license or whose occupational license has
282been suspended or revoked by the division.
283     Section 7.  Subsection (2) of section 551.109, Florida
284Statutes, is amended to read:
285     551.109  Prohibited acts; penalties.--
286     (2)  Except as otherwise provided by law and in addition to
287any other penalty, any person who possesses a slot machine
288without the license required by this chapter or who possesses a
289slot machine at any location other than at the slot machine
290licensee's facility is subject to an administrative fine or
291civil penalty of up to $10,000 per machine. The prohibition in
292this subsection does not apply to:
293     (a)  Slot machine manufacturers or slot machine
294distributors that hold appropriate licenses issued by the
295division who are authorized to maintain a slot machine storage
296and maintenance facility at any location in a county in which
297slot machine gaming is authorized by this chapter. The division
298may adopt rules regarding security and access to the storage
299facility and inspections by the division.
300     (b)  Certified educational facilities that are authorized
301to maintain slot machines for the sole purpose of education and
302licensure, if any, of slot machine technicians, inspectors, or
303investigators. The division and the Department of Law
304Enforcement may possess slot machines for training and testing
305purposes. The division may adopt rules regarding the regulation
306of any such slot machines used for educational, training, or
307testing purposes.
308     Section 8.  Subsection (1) of section 551.114, Florida
309Statutes, is amended to read:
310     551.114  Slot machine gaming areas.--
311     (1)  A slot machine licensee may make available for play up
312to 2,000 1,500 slot machines within the property of the
313facilities of the slot machine licensee.
314     Section 9.  Section 551.116, Florida Statutes, is amended
315to read:
316     551.116  Days and hours of operation.--Slot machine gaming
317areas may be open daily throughout the year. The slot machine
318gaming areas may be open a cumulative amount of 18 hours per day
319on Monday through Friday and 24 for a maximum of 16 hours per
320day on Saturday and Sunday and on those holidays specified in s.
321110.117(1).
322     Section 10.  Section 551.121, Florida Statutes, is amended
323to read:
324     551.121  Prohibited activities and devices; exceptions.--
325     (1)  Complimentary or reduced-cost alcoholic beverages may
326not be served to persons playing a slot machine. Alcoholic
327beverages served to persons playing a slot machine shall cost at
328least the same amount as alcoholic beverages served to the
329general public at a bar within the facility.
330     (2)  A slot machine licensee may not make any loan, provide
331credit, or advance cash in order to enable a person to play a
332slot machine. This subsection shall not prohibit automated
333ticket redemption machines that dispense cash resulting from the
334redemption of tickets from being located in the designated slot
335machine gaming area of the slot machine licensee.
336     (3)  A slot machine licensee may not allow any automated
337teller machine or similar device designed to provide credit or
338dispense cash to be located within the designated slot machine
339gaming areas of a facility of a facilities of the slot machine
340licensee.
341     (4)  A slot machine licensee may not accept or cash any
342personal, third-party, corporate, business, or government-issued
343check from any person within the designated slot machine gaming
344areas of a facility of a slot machine licensee.
345     (5)  A slot machine, or the computer operating system
346linking the slot machine, may not be linked by any means to any
347other slot machine or computer operating system within the
348facility of a another slot machine licensee. A progressive
349system may not be used in conjunction with slot machines within
350or between licensed facilities.
351     (6)  A slot machine located within a licensed facility
352shall accept only tickets or paper currency or an electronic
353payment system for wagering and return or deliver payouts to the
354player in the form of tickets that may be exchanged for cash,
355merchandise, or other items of value. The use of coins, credit
356or debit cards, tokens, or similar objects is specifically
357prohibited. However, an electronic credit system may be used for
358receiving wagers and making payouts.
359     Section 11.  Subsection (2) of section 849.15, Florida
360Statutes, is amended to read:
361     849.15  Manufacture, sale, possession, etc., of coin-
362operated devices prohibited.--
363     (2)  Pursuant to section 2 of that chapter of the Congress
364of the United States entitled "An act to prohibit transportation
365of gaming devices in interstate and foreign commerce," approved
366January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
367designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
368acting by and through the duly elected and qualified members of
369its Legislature, does hereby in this section, and in accordance
370with and in compliance with the provisions of section 2 of such
371chapter of Congress, declare and proclaim that any county of the
372State of Florida within which slot machine gaming is authorized
373pursuant to chapter 551 is exempt from the provisions of section
3742 of that chapter of the Congress of the United States entitled
375"An act to prohibit transportation of gaming devices in
376interstate and foreign commerce," designated as 15 U.S.C. ss.
3771171-1177, approved January 2, 1951. All shipments of gaming
378devices, including slot machines, into any county of this state
379within which slot machine gaming is authorized pursuant to
380chapter 551 and the registering, recording, and labeling of
381which have been duly performed by the manufacturer or
382distributor thereof in accordance with sections 3 and 4 of that
383chapter of the Congress of the United States entitled "An act to
384prohibit transportation of gaming devices in interstate and
385foreign commerce," approved January 2, 1951, being ch. 1194, 64
386Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
387shall be deemed legal shipments thereof into this state any such
388county provided the destination of such shipments is an eligible
389facility as defined in s. 551.102 or the facility of a slot
390machine manufacturer or slot machine distributor as provided in
391s. 551.109(2)(a).
392     Section 12.  For fiscal year 2007-2008, three full-time
393equivalent positions and 125,907 in associated salary rate are
394authorized, and the sums of $197,369 in recurring funds and
395$44,178 in nonrecurring funds from the Pari-mutuel Wagering
396Trust Fund of the Department of Business and Professional
397Regulation are appropriated to the Office of the State Attorney,
39817th Judicial Circuit, for the purpose of investigating and
399prosecuting offenses associated with gaming operations.
400     Section 13.  This act shall take effect upon becoming a
401law.


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