Senate Bill sb2434c2
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By the Committees on Finance and Tax; Regulated Industries;
and Senator Geller
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1 A bill to be entitled
2 An act relating to video lotteries; amending s.
3 24.103, F.S.; providing definitions; amending
4 s. 24.105, F.S.; providing powers and duties of
5 the Department of the Lottery pertaining to
6 video lottery games; creating s. 24.125, F.S.;
7 providing for the adoption of rules; creating
8 s. 24.126, F.S.; prohibiting certain persons
9 from playing video lottery games; creating s.
10 24.127, F.S.; providing requirements for the
11 operation of video lottery games; providing for
12 fines and orders of suspension; providing a
13 payout percentage; providing for the
14 distribution of income; providing for weekly
15 allocations; providing penalties; creating s.
16 24.128, F.S.; providing for the licensure of
17 video lottery terminal vendors; providing for
18 emergency rules; creating s. 24.129, F.S.;
19 prohibiting certain local zoning ordinances;
20 creating s. 24.130, F.S.; providing
21 requirements for video lottery terminals;
22 creating s. 24.131, F.S.; requiring video
23 lottery terminal vendors to establish training
24 programs for employees who service such
25 terminals; requiring departmental approval of
26 such programs; providing certification
27 requirements for such employees; providing for
28 the adoption of rules; creating s. 24.132,
29 F.S.; requiring video lottery retailers to
30 execute certain agreements governing the
31 payment of purses and special thoroughbred
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1 racing awards; requiring the remittance of
2 funds pursuant to such agreements; authorizing
3 the department to sanction certain breeders;
4 prohibiting the operation of video lottery
5 games in the absence of agreements; requiring
6 arbitration if agreements are not in place;
7 requiring the video lottery retailer to make
8 certain payments for the promotion of the
9 racing industry; creating s. 24.133, F.S.;
10 requiring operators of facilities where video
11 lottery games are conducted to post certain
12 signs regarding compulsive gambling; creating
13 s. 24.134, F.S.; establishing programs for
14 compulsive gambling within the Department of
15 Children and Family Services; creating s.
16 24.136, F.S.; authorizing a caterer's license
17 for video lottery retailers; creating s.
18 24.137, F.S.; prohibiting video lottery
19 retailers from engaging in certain activities;
20 creating s. 24.138, F.S.; providing for the
21 exclusion of certain persons from a retailer's
22 premises; creating s. 24.139, F.S.; requiring
23 retailers to provide office space for
24 department employees; amending s. 212.02, F.S.;
25 excluding video lottery terminals from the
26 definition of the term "coin-operated amusement
27 machine" for purposes of the sales and use tax;
28 providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
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1 Section 1. Subsections (7), (8), (9), (10), and (11)
2 are added to section 24.103, Florida Statutes, to read:
3 24.103 Definitions.--As used in this act:
4 (7) "Video lottery game" means an electronically
5 simulated game involving any element of chance, skill, or
6 both, played on a video lottery terminal that, upon insertion
7 of currency, coins, tokens, credits, vouchers, or anything of
8 value, is available to play or simulate a lottery-type game.
9 The games include, but are not limited to, lineup games,
10 traditional card games, poker, and progressive games where the
11 jackpot grows and accumulates as it is being played in a video
12 lottery terminal, or network of video lottery terminals, using
13 a cathode ray tube, video display screen, microprocessors, or
14 other similar technology available now or in the future, as
15 approved by the department. A player may receive a payoff in
16 the form of currency, coins, tokens, credits, vouchers, or
17 anything of value, automatically or in some other manner.
18 (8) "Video lottery terminal" means a machine or
19 device, including associated equipment that is required to
20 operate the machine or device upon which a video lottery game
21 is played or operated. A video lottery terminal may use
22 spinning reels or video displays or other similar technology
23 available now or in the future, as approved by the department.
24 A video lottery terminal is not a coin-operated amusement
25 machine as defined in s. 212.02(24) and does not include an
26 amusement game or machine as described in s. 849.161.
27 (9) "Video lottery terminal vendor" means any person
28 licensed by the department who engages in the business of
29 selling, leasing, servicing, repairing, or upgrading video
30 lottery terminals for video lottery retailers or who provides
31 to the department or to a video lottery retailer computer
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1 equipment, software, or other functions related to video
2 lottery terminals.
3 (10) "Net terminal income" means currency and other
4 consideration placed into a video lottery terminal, less
5 payouts to or credits redeemed by players.
6 (11) "Video lottery retailer" means a pari-mutuel
7 permitholder under chapter 550 who is conducting a full
8 schedule of live races or games, as described in ss.
9 550.002(11) and 550.475 as of October 1, 2007, or a person who
10 is authorized to receive broadcasts of horse races under s.
11 550.6308.
12 Section 2. Subsections (21), (22), (23), (24), (25),
13 (26), and (27) are added to section 24.105, Florida Statutes,
14 to read:
15 24.105 Powers and duties of department.--The
16 department shall:
17 (21) Have in place the capacity to support video
18 lottery games at facilities of video lottery retailers by
19 October 1, 2007.
20 (22) Hear and decide promptly and in reasonable order
21 all video-lottery-related license applications and enforcement
22 proceedings for suspension or revocation of licenses.
23 (23) Collect and disburse video lottery revenue due
24 the department as described in this chapter.
25 (24) Certify net terminal income of video lottery
26 retailers by inspecting records, conducting audits, or any
27 other reasonable means.
28 (25) Maintain a list of licensed video lottery
29 terminal vendors and a current list of all contracts between
30 video lottery terminal vendors and video lottery retailers.
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1 (26) Approve an application for a video lottery
2 retailer within 90 days after receipt of the application. A
3 person meets all qualifications of licensure under this
4 section if the person has been licensed under chapter 550 and
5 meets the definition of a video lottery retailer under s.
6 24.103(11).
7 (27) Contract with an independent testing laboratory
8 to scientifically test and technically evaluate video lottery
9 games, video lottery terminals, and video lottery operating
10 systems for compliance with this chapter. The independent
11 testing laboratory must have a national reputation as
12 demonstrably competent and qualified to scientifically test
13 and evaluate all components of a video lottery gaming system
14 and to otherwise perform the all functions assigned to it
15 under this chapter. The laboratory may not be owned or
16 controlled by a video lottery terminal vendor or video lottery
17 terminal retailer. The selection of an independent testing
18 laboratory shall be made from a list of one or more
19 laboratories approved and licensed by the department.
20 Section 3. Section 24.125, Florida Statutes, is
21 created to read:
22 24.125 Rules authorized.--
23 (1) The department may adopt rules similar to rules
24 adopted under chapter 551, relating to:
25 (a) The regulation of video lottery retailers and
26 video lottery products.
27 (b) Specifications for video lottery terminals to be
28 approved and authorized as the department considers necessary
29 in order to maintain the integrity of video lottery games and
30 terminals. The specifications may not limit the number of
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1 video lottery terminal vendors who supply terminals to fewer
2 than four.
3 (2) Initial rules to permit the operation of video
4 lotteries and the licensing of video lottery vendors shall be
5 adopted by October 1, 2007. The department may adopt emergency
6 rules under ss. 120.536(1) and 120.58(4) to implement this
7 section.
8 Section 4. Section 24.126, Florida Statutes, is
9 created to read:
10 24.126 Video lottery; minimum age.--
11 (1) A person who is younger than 21 years of age may
12 not play a video lottery game.
13 (2) Each video lottery retailer shall post a clear and
14 conspicuous sign on all video lottery terminals which states:
15
16 THE USE OF A VIDEO LOTTERY TERMINAL BY PERSONS
17 UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW.
18 PROOF OF AGE IS REQUIRED FOR USE.
19
20 (3) Any person who violates this section commits a
21 misdemeanor of the second degree, punishable as provided in s.
22 775.082 or s. 775.083.
23 Section 5. Section 24.127, Florida Statutes, is
24 created to read:
25 24.127 Video lottery games.--
26 (1) Video lottery games may be offered by a video
27 lottery retailer at any time only at the pari-mutuel facility
28 at which the video lottery retailer is licensed to conduct
29 pari-mutuel wagering between July 1, 2007, and June 30, 2008,
30 or at its relocated licensed pari-mutuel facility if the
31 relocation of such facility has been approved by the division
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1 pursuant to s. 550.0555. During any calendar year in which a
2 video lottery retailer maintains video lottery terminals, the
3 retailer must have conducted in the prior year and must be
4 currently licensed to conduct a full schedule of live racing
5 or games, as defined in s. 550.002(11), including the conduct
6 of races or games under s. 550.475, or be authorized to
7 receive broadcasts of horse races under s. 550.6308. The
8 department shall waive such requirements upon a showing that
9 the failure to conduct races or games resulted from a natural
10 disaster, strike, or other acts beyond the control of the
11 permitholder, including legal restrictions or prohibitions
12 placed on the permitholder's activities. If the retailer for
13 any other reason does not comply with the requirement to
14 conduct a full schedule of races or games, the department
15 shall order the retailer to suspend its video lottery
16 operation. The department may assess an administrative fine,
17 not to exceed $5,000 per video lottery terminal per day,
18 against any retailer who does not suspend its video lottery
19 operation when ordered to do so by the department. The
20 department may enforce a suspension order or administrative
21 fine as provided in s. 120.69. Each video lottery retailer
22 shall post a bond payable to the state in an amount determined
23 by the department which is sufficient to guarantee the payment
24 of revenue due in any payment period. The initial bond prior
25 to commencement of operations by the video lottery retailer
26 shall be $2 million, issued by a surety approved by the
27 department, conditioned to make the payments to the
28 department. The bond shall be separate from the bond required
29 by s. 550.125.
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1 (2) Each video lottery terminal retailer shall
2 determine the following pertaining to the video lottery
3 terminals located on its premises:
4 (a) Number of video lottery terminals, not to exceed
5 1,500 at any pari-mutuel facility;
6 (b) Dates and hours during which the video lottery
7 terminals are available for play, not to exceed 16 hours a
8 day, except that the hours of operation may be extended by
9 majority vote of the governing body of the municipality where
10 the retailer is located or the governing body of the county if
11 the retailer is not located in a municipality;
12 (c) Mix of games available for play on video lottery
13 terminals;
14 (d) Use of currency, coins, tokens, vouchers,
15 electronic credits, or anything of value;
16 (e) Location and movement of video lottery terminals
17 on the premises;
18 (f) Staffing of video lottery terminal operations on
19 the premises; and
20 (g) Minimum and maximum betting amounts and the
21 payout, based upon a suitable range, as determined by the
22 video lottery retailer, with a minimum of 85 percent of the
23 amount of currency, credits, vouchers, or anything of value
24 put into a video lottery terminal.
25 (3) Each video lottery terminal retailer shall notify
26 the department before commencing the initial operation of the
27 video lottery games.
28 (4) To facilitate the auditing and security programs
29 that are critical to the integrity of the video lottery
30 system, the department has overall control of the entire
31 system. Each video lottery terminal shall be linked, directly
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1 or indirectly, to a computer system approved by the
2 department.
3 (5) Video lottery games may be played at an authorized
4 video lottery retailer's facility regardless of whether the
5 retailer is conducting a pari-mutuel event.
6 (6) Income derived from video lottery operations is
7 not subject to s. 24.121. The allocation of net terminal
8 income derived from video lottery games shall be as follows:
9 (a) Fifty percent shall be remitted to the Video
10 Lottery Administration Trust Fund for transfer to the
11 Education Enhancement Trust Fund.
12 (b) Fifty-hundredths percent shall be paid by the
13 video lottery retailer to the department to administer and
14 regulate the operation of video lottery terminals.
15 (7) The allocation provided in subsection (6) shall be
16 made weekly. Amounts allocated pursuant to paragraphs (6)(a)
17 and (b) shall be remitted to the department by electronic
18 transfer within 24 hours after the allocation is determined.
19 (8) Any person who intentionally manipulates or
20 attempts to manipulate the outcome, payoff, or operation of a
21 video lottery terminal by physical or electronic tampering or
22 other means commits a felony of the third degree, punishable
23 as provided in s. 775.082, s. 775.083, or s. 775.084.
24 (9) Notwithstanding s. 24.115, each video lottery
25 retailer is responsible for payment of video lottery prizes.
26 (10) In the area or room in a facility in which a
27 video lottery terminal is placed, the video lottery retailer
28 shall also place video monitors displaying live races or games
29 being conducted in that facility. If live races or games are
30 not being conducted at the facility, any simulcast races or
31 games that are displayed otherwise in the facility shall be
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1 displayed. In each area or room, the retailer shall also
2 provide a means by which patrons may wager on pari-mutuel
3 activity.
4 Section 6. Section 24.128, Florida Statutes, is
5 created to read:
6 24.128 Licensure of video lottery terminal
7 vendors.--Video lottery terminal vendors shall be licensed by
8 the department by July 1, 2007. The department may adopt
9 emergency rules under ss. 120.536(1) and 120.54(4) to
10 implement this section. The department may not license a
11 person as a video lottery terminal vendor who has an interest
12 in a video lottery retailer or a business relationship with a
13 video lottery retailer other than as a vendor or lessor of
14 video lottery terminals.
15 Section 7. Section 24.129, Florida Statutes, is
16 created to read:
17 24.129 Local zoning of pari-mutuel facilities.--The
18 installation, operation, or use of a video lottery on any
19 property where pari-mutuel operations were or would have been
20 lawful under any county or municipal zoning ordinance on July
21 1, 2006, does not change the character of the use of such
22 property. Such use is lawful and consistent with pari-mutuel
23 operations, and such use or the expansion or construction of
24 facilities to accommodate video lottery terminals on the
25 property is not subject to review or approval under land use,
26 zoning, or site plan review, or concurrency law, ordinance, or
27 regulation by any governmental entity.
28 Section 8. Section 24.130, Florida Statutes, is
29 created to read:
30 24.130 Video lottery terminals.--
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1 (1) Video lottery terminals may not be offered for use
2 or play in this state unless approved by the department.
3 (2) Each video lottery terminal approved for use in
4 this state shall:
5 (a) Be protected against manipulation to affect the
6 random probabilities of winning plays.
7 (b) Have one or more mechanisms that accept currency,
8 coins, tokens, vouchers, or anything of value in exchange for
9 game credits. Such mechanisms must be designed to prevent
10 players from obtaining currency, coins, tokens, vouchers, or
11 anything of value, or from obtaining game credits, by physical
12 tampering.
13 (c) Be capable of suspending play until reset at the
14 direction of the department as a result of physical tampering.
15 (d) Be capable of being linked to a central computer
16 communications system to audit the operation, financial data,
17 and program information, as required by the department.
18 Section 9. Section 24.131, Florida Statutes, is
19 created to read:
20 24.131 Video lottery terminal training program.--
21 (1) Each licensed video lottery terminal vendor shall
22 submit a training program for the service and maintenance of
23 terminals and equipment for approval by the department. The
24 training program must include an outline of the training
25 curriculum; a list of instructors and their qualifications; a
26 copy of the instructional materials; and the dates, times, and
27 location of training classes. A service and maintenance
28 program may not be held unless approved by the department.
29 (2) Each video lottery terminal service employee must
30 complete the requirements of the manufacturer's training
31 program before performing service, maintenance, or repairs on
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1 video lottery terminals or associated equipment. Upon the
2 successful completion of the training program by an employee,
3 the department shall issue a certificate authorizing the
4 employee to service, maintain, and repair video lottery
5 terminals and associated equipment. A certificate of
6 completion may not be issued to a person until the department
7 determines that such person has completed the required
8 training. Before being certified as a video lottery terminal
9 service employee, a person must pass a background
10 investigation conducted by the department. The department may
11 revoke certification upon finding that a person is in
12 violation of this chapter or a department rule.
13 (3) The department may adopt rules regarding the
14 training, qualifications, and certification of video lottery
15 terminal service employees.
16 Section 10. Section 24.132, Florida Statutes, is
17 created to read:
18 24.132 Video lottery retailer; agreements required.--
19 (1) A video lottery retailer who holds a permit under
20 chapter 550 to conduct pari-mutuel wagering meets of
21 thoroughbred racing may not conduct video lottery games unless
22 the retailer has on file with the division a binding written
23 agreement governing the payment of purses on live thoroughbred
24 races conducted at the retailer's pari-mutuel facility between
25 the retailer and the association representing a majority of
26 the thoroughbred racehorse owners and trainers at that
27 location. In addition, a video lottery retailer may not
28 conduct video lottery games unless it has on file with the
29 department a binding written agreement between it and the
30 Florida Thoroughbred Breeders' Association, Inc., governing
31 the payment of breeders', stallion, and special racing awards
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1 on live thoroughbred races conducted at the retailer's
2 pari-mutuel facility.
3 (a) The agreement governing purses and the agreement
4 governing awards may direct the payment of such purses and
5 awards from revenues generated by any wagering or gaming that
6 the applicant is authorized to conduct.
7 (b) All purses and awards are subject to chapter 550.
8 All sums for breeders', stallion, and special racing awards
9 shall be remitted monthly to the Florida Thoroughbred
10 Breeders' Association, Inc., for the payment of awards subject
11 to the administrative fee authorized in s. 550.2625(3).
12 (2) The department shall prohibit the operation of
13 video lottery games at a retailer's premises if an agreement
14 required under subsection (1) is terminated or otherwise
15 ceases to operate or if the department determines that the
16 retailer has materially failed to comply with the terms of an
17 agreement.
18 (3) If an agreement required under subsection (1) is
19 not in place, either party may request the American
20 Arbitration Association to furnish a list of 11 arbitrators,
21 each of whom shall have at least 5 years of commercial
22 arbitration experience and no financial interest in or prior
23 relationship with any of the parties or their affiliated or
24 related entities or principals. Each party to the agreement
25 shall select a single arbitrator from the list provided within
26 10 days after receipt of the list and the arbitrators selected
27 shall choose one additional arbitrator from the same list
28 within the next 10 days.
29 (a) If an agreement is not in place 60 days after the
30 request for a list of arbitrators, the matter shall be
31 immediately submitted for mandatory binding arbitration to
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1 resolve the disagreement between the parties. The three
2 arbitrators selected shall constitute the panel that will
3 arbitrate the dispute between the parties pursuant to the
4 American Arbitration Association Commercial Arbitration Rules
5 and chapter 682.
6 (b) At the conclusion of the proceedings, which must
7 be within 90 days after requesting the list of arbitrators,
8 the arbitration panel shall present a proposed agreement to
9 the parties which the majority of the panel believes equitably
10 balances the rights, interests, obligations, and reasonable
11 expectations of the parties. The parties shall immediately
12 enter into such agreement, which shall satisfy the
13 requirements of subsection (1) and permit the conduct of video
14 lottery games by the video lottery retailer. The agreement is
15 effective until the last day of the license or renewal period
16 or until the parties enter into a different agreement. Each
17 party shall pay its respective costs of arbitration and
18 one-half of the costs of the arbitration panel unless the
19 parties have agreed otherwise. If the agreement remains in
20 place 120 days before the scheduled issuance of the next
21 annual license renewal, the arbitration process established in
22 this subsection shall begin again.
23 (c) If neither of the agreements required under
24 subsection (1) are in place, arbitration shall proceed
25 independently with separate lists of arbitrators, arbitration
26 panels, arbitration proceedings, and resulting agreements.
27 (d) Arbitration and the resulting agreement governing
28 the payment of purses under subsection (1) shall be limited to
29 the payment of purses from net terminal income only.
30 (4) A video lottery retailer who holds a limited
31 intertrack waging license pursuant to s. 550.6308 shall make
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1 the following payments for the promotion and welfare of the
2 thoroughbred racing industry:
3 (a) An amount equal to 12.5 of the net terminal income
4 shall be paid to thoroughbred pari-mutuel permitholders that
5 are licensed to conduct live races for purses. If more than
6 one permitholder is licensed to conduct live races during the
7 state thoroughbred racing season, the video lottery retailer
8 shall allocate these funds between the operating permitholders
9 on a pro rata basis based on the total live handle generated
10 during the previous racing season at the operating
11 permitholders' facilities. An amount equal to 7.5 percent of
12 the purse account generated under this paragraph shall be used
13 for Florida Owners' Awards pursuant to an agreement executed
14 by the permitholder, the Florida Thoroughbred Breeders'
15 Association, and the association representing a majority of
16 the thoroughbred racehorse owners and trainers at the
17 permitholder's facility. If an agreement is not reached 60
18 days before the commencement of the permitholder's racing
19 meet, the funds shall be used for overnight purses.
20 (b) An amount equal to 1.25 percent of the net
21 terminal income shall be paid for breeders', stallion, or
22 special racing awards. The Florida Thoroughbred Breeders'
23 Association may receive these payments from the video lottery
24 retailer and make payments of awards earned. The Florida
25 Thoroughbred Breeders' Association may withhold up to 10
26 percent of the permitholder's payments under this paragraph as
27 a fee for administering the payments of awards and for the
28 general promotion of the industry. The video lottery retailer
29 shall make weekly payments to the permitholders and to the
30 Florida Thoroughbred Breeders' Association at the same time it
31 remits its allocation to the department.
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1 Section 11. Section 24.133, Florida Statutes, is
2 created to read:
3 24.133 Notice of availability of assistance for
4 compulsive gambling required.--
5 (1) The owner of each facility at which video lottery
6 games are conducted shall post signs that display the
7 following statement:
8
9 "IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING
10 PROBLEM, HELP IS AVAILABLE, CALL
11 1-800-426-7711."
12
13 The department may approve additional toll-free numbers to
14 ensure compliance with this section. The signs must be posted
15 within 50 feet of each entrance.
16 Section 12. Section 24.134, Florida Statutes, is
17 created to read:
18 24.134 Compulsive gambling program.--The Mental Health
19 Program Office within the Department of Children and Family
20 Services shall establish a program for public education,
21 awareness, and training regarding problem and compulsive
22 gambling and the treatment and prevention of problem and
23 compulsive gambling. The program shall include:
24 (1) Maintenance of a toll-free telephone number that
25 is operated by an advocacy organization for the treatment of
26 compulsive gambling in order to provide crisis counseling and
27 referral services to families that are experiencing difficulty
28 as a result of problem or compulsive gambling.
29 (2) The promotion of public-awareness campaigns
30 regarding the recognition and prevention of problem or
31 compulsive gambling.
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1 (3) Facilitation, through inservice training and other
2 means, of effective assistance programs for problem and
3 compulsive gamblers and family members who are affected by
4 problem and compulsive gambling.
5 (4) Studies to identify adults and juveniles in this
6 state who are, or are at risk of becoming, problem or
7 compulsive gamblers.
8 Section 13. Section 24.136, Florida Statutes, is
9 created to read:
10 24.136 Licensure of video lottery retailer.--A video
11 lottery retailer is entitled to a caterer's license pursuant
12 to s. 565.02 on days in which the pari-mutuel facility is open
13 to the public for video lottery play as authorized by this
14 chapter.
15 Section 14. Section 24.137, Florida Statutes, is
16 created to read:
17 24.137 Other prohibited activities.--
18 (1) Complimentary or reduced-cost alcoholic beverages
19 may not be served to a person playing a video lottery
20 terminal. Alcoholic beverages served to a person playing a
21 video lottery terminal shall cost at least the same amount as
22 alcoholic beverages served to the general public at a bar
23 within the facility.
24 (2) A video lottery retailer may not allow any
25 automated teller machine or similar device designated to
26 provide credit or dispense cash in the designated area where
27 video lottery terminal gaming may be conducted pursuant to
28 this chapter nor may such retailer make loans, provide credit,
29 or advance cash to enable a person to play a video lottery
30 terminal. However, automated ticket redemption machines that
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1 dispense cash resulting from the redemption of tickets may be
2 located in such areas.
3 (3) A video lottery retailer may not accept or cash
4 any personal, third-party, corporate, business, or
5 government-issued check from any person.
6 (4) A video lottery terminal located within a video
7 lottery retailer's facility shall accept only tickets or paper
8 currency or an electronic payment system for wagering, and
9 return or deliver payouts to the player in the form of tickets
10 that may be exchanged for cash, merchandise, or other items of
11 value. The use of coins, credit or debit cards, tokens, or
12 similar objects is prohibited. However, an electronic credit
13 system may be used for receiving wagers and making payouts.
14 Section 15. Section 24.138, Florida Statutes, is
15 created to read:
16 24.138 Exclusions of certain persons.--In addition to
17 the power to exclude certain persons from any facility of a
18 video lottery terminal retailer in this state, the department
19 may exclude any person from any facility of a video lottery
20 terminal retailer for conduct that would constitute, if the
21 person were a licensee, a violation of this chapter, chapter
22 550 or chapter 551, or a department rule. The department may
23 exclude from any facility of a video lottery terminal retailer
24 any person who has been ejected from a facility of a video
25 lottery retailer or slot machine licensee in this or any other
26 state by the governmental department, agency, commission or
27 authority that regulates gaming in that state. This section
28 does not abrogate the common law right of a video lottery
29 terminal retailer to exclude a patron absolutely in this
30 state.
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1 Section 16. Section 24.139, Florida Statutes, is
2 created to read:
3 24.139 Department office space.--A video lottery
4 terminal retailer shall provide adequate office space at no
5 cost to the department for the oversight of video lottery
6 terminal operations. The department shall adopt rules
7 establishing the criteria for adequate space, configuration,
8 and needed electronic and technological requirements for
9 office space required by this section.
10 Section 17. Subsection (24) of section 212.02, Florida
11 Statues, is amended to read:
12 212.02 Definitions.--The following terms and phrases
13 when used in this chapter have the meanings ascribed to them
14 in this section, except where the context clearly indicates a
15 different meaning:
16 (24) "Coin-operated amusement machine" means any
17 machine operated by coin, slug, token, coupon, or similar
18 device for the purposes of entertainment or amusement. The
19 term includes, but is not limited to, coin-operated pinball
20 machines, music machines, juke boxes, mechanical games, video
21 games, arcade games, billiard tables, moving picture viewers,
22 shooting galleries, and all other similar amusement devices.
23 However, the term does not include a video lottery terminal
24 operated pursuant to chapter 24.
25 Section 18. This act shall take effect upon becoming a
26 law.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for CS for SB 2434
593-2581-07
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 2434
3
4 The Committee Substitute made the following changes to CS/SB
2434:
5
1. Defines "video lottery retailer" to mean a pari-mutuel
6 permitholder under ch. 550 who is conducting a full
schedule of live races or games, as described in ss.
7 550.002(11) and 550.475 as of October 1, 2007, between
July 1, 2006, and June 30, 2007, or a person who is
8 authorized to receive broadcasts of horse races under s.
550.6308.
9
2. Requires the Department of the Lottery to contract with
10 an independent testing laboratory to scientifically test
and technically evaluate video lottery games, video
11 lottery terminals, and video lottery operating systems
for compliance with this act.
12
3. Authorizes video lottery games to be offered by a video
13 lottery retailer at any time only at the pari-mutuel
facility at which the video lottery retailer is licensed
14 to conduct pari-mutuel wagering.
15 4. Requires that in order to conduct video lottery games at
a thoroughbred racing facility, a video lottery retailer
16 must have an agreement governing the payment of purses on
live thoroughbred races conducted at the retailer's
17 pari-mutuel facility between the retailer and the
association representing a majority of the thoroughbred
18 racehorse owners and trainers at that location.
19 5. Clarifies that a video lottery terminal is not an
amusement game or machine.
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CODING: Words stricken are deletions; words underlined are additions.