Florida Senate - 2008 SB 1126
By Senator Ring
32-02413B-08 20081126__
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A bill to be entitled
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An act relating to governmental reorganization;
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transferring and reassigning divisions, functions, and
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responsibilities, including records, personnel, property,
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and unexpended balances of appropriations and other
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resources from the Department of the Lottery, the
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Department of Business and Professional Regulation, the
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Department of Law Enforcement, and the Department of Legal
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Affairs to the Department of Gaming Control; transferring
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certain trust funds from the Department of Business and
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Professional Regulation to the Department of Gaming
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Control; amending s. 11.905, F.S.; requiring the review of
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the Department of Gaming Control; amending s. 20.165,
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F.S.; deleting the Division of Pari-mutuel Wagering within
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the Department of Business and Professional Regulation;
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repealing s. 20.317, F.S., relating to the Department of
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the Lottery; creating s. 20.318, F.S.; creating the
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Department of Gaming Control; establishing the Gaming
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Commission as head of the Department of Gaming Control;
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providing for membership; providing duties; providing
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divisions and bureaus within the Department of Gaming
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Control; requiring the department to provide advisory
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opinions; providing that such opinions are binding to
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certain persons; requiring the department to adopt rules
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regarding advisory opinions; requiring the department to
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serve as the state compliance agency; authorizing the
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department to employ law enforcement officers; requiring
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the department's law enforcement officers to meet certain
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qualifications; providing that such law enforcement
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officers have certain authorities and powers; amending ss.
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provisions to changes made by the act; amending s. 24.108,
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F.S.; renaming the Division of Security within the former
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Department of the Lottery as the Division of Licensing and
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Enforcement within the Department of Gaming Control;
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F.S.; conforming provisions to changes made by the act;
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amending s. 120.80, F.S.; deleting certain exceptions and
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special requirements regarding hearings applicable to the
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Department of Business and Professional Regulation;
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creating certain exceptions and special requirements
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regarding hearings within the Department of Gaming
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Control; amending s. 213.053, F.S.; authorizing the
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Department of Revenue to share certain information with
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the Division of the Lottery within the Department of
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Gaming Control; amending s. 215.20, F.S.; requiring that
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trust funds within the Department of Gaming Control
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contribute to the General Revenue Fund and deleting from
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that requirement trust funds administered by the Division
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of Pari-mutuel Wagering; amending s. 215.22, F.S.;
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exempting trust funds administered by the Division of the
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Lottery from certain appropriations; amending ss. 215.422,
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287.045, F.S.; conforming provisions to changes made by
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the act; amending s. 455.116, F.S.; removing a trust fund
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from the Department of Business and Professional
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Regulation; amending s. 550.002, F.S.; providing
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and 550.907, F.S.; conforming provisions to changes made
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by the act; amending s. 551.102, F.S.; revising
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F.S.; conforming provisions to changes made by the act;
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amending s. 616.09; transferring authority from the
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Department of Legal Affairs to the Bureau of Prosecution
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within the Division of Licensing and Enforcement of the
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Department of Gaming Control to prosecute unauthorized
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gambling; amending s. 616.241, F.S.; providing that the
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Department of Gaming Control is responsible for
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prohibiting unauthorized gambling at certain community and
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local events; amending s. 849.086, F.S.; revising
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definitions; conforming provisions to changes made by the
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act; amending s. 849.094, F.S.; providing that the
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prohibition on gambling does not apply to the Department
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of Gaming Control rather than of the Department of
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Business and Professional Regulation; amending s. 849.161,
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F.S.; providing that ch. 849, F.S., pertaining to
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gambling, does not apply to certain truck stops having
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amusement games or machines; providing definitions;
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requiring the department to adopt rules pertaining to
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skill-based gaming; providing requirements for those
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rules; requiring the department to conduct investigations
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necessary for fulfilling its responsibilities under ch.
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849, F.S.; providing that the department and other law
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enforcement agencies have concurrent jurisdiction to
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investigate criminal violations; authorizing the
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department and local law enforcement agencies unrestricted
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access to a licensee's facility for certain purposes;
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authorizing the department to collect certain assessments
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and to deny, revoke, or suspend a person's license under
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certain circumstances; requiring a skill-based operator to
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pay a license fee; requiring the Division of Licensing and
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Enforcement to evaluate the operator license fee and make
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recommendations to the Legislature; providing the tax rate
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on revenues from skill-based machines; requiring the tax
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to be paid to a Florida Gaming Trust Fund; requiring the
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slot machine licensee to remit a tax on slot machine
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revenues and file a report; providing for penalties;
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authorizing the Division of Licensing and Enforcement to
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require operators to remit certain assessments by
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electronic funds transfer; amending s. 943.0311, F.S.;
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defining the Department of Gaming Control as a state
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agency with regard to domestic security; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Transfers.-
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(1) All of the statutory powers, duties and functions,
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records, personnel, property, and unexpended balances of
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appropriations, allocations, or other funds for the
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administration of chapter 24, Florida Statutes, are transferred
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by a type two transfer, as defined in s. 20.06(2), Florida
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Statutes, from the Department of the Lottery to the Division of
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the Lottery within the Department of Gaming Control.
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(2) All of the statutory powers, duties and functions,
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records, personnel, property, and unexpended balances of
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appropriations, allocations, or other funds for the
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administration of chapter 550, Florida Statutes, are transferred
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by a type two transfer, as defined in s. 20.06(2), Florida
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Statutes, from the Division of Pari-mutuel Wagering of the
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Department of Business and Professional Regulation to the Bureau
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of Pari-mutuel Wagering within the Division of Gambling Oversight
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of the Department of Gaming Control.
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(3) All of the statutory powers, duties and functions,
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records, personnel, property, and unexpended balances of
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appropriations, allocations, or other funds for the
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administration of s. 849.086, Florida Statutes, are transferred
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by a type two transfer, as defined in s. 20.06(2), Florida
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Statutes, from the Division of Pari-mutuel Wagering of the
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Department of Business and Professional Regulation to the Bureau
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of Cardrooms within the Division of Gambling Oversight of the
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Department of Gaming Control.
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(4) All of the statutory powers, duties and functions,
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records, personnel, property, and unexpended balances of
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appropriations, allocations, or other funds for the
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administration of chapter 551, Florida Statutes, are transferred
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by a type two transfer, as defined in s. 20.06(2), Florida
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Statutes, from the Division of Pari-mutuel Wagering of the
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Department of Business and Professional Regulation to the Bureau
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of Slot Machines within the Division of Gambling Oversight of the
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Department of Gaming Control.
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(5) All of the statutory powers, duties and functions,
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records, personnel, property, and unexpended balances of
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appropriations, allocations, or other funds of the Department of
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Law Enforcement regarding the regulation of slot machine gaming
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are transferred by a type two transfer, as defined in s.
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20.06(2), Florida Statutes, to the Division of Licensing and
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Enforcement of the Department of Gaming Control.
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(6) All of the statutory powers, duties and functions,
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records, personnel, property, and unexpended balances of
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appropriations, allocations, or other funds of the Department of
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Legal Affairs regarding:
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(a) The regulation of slot machine licensing are
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transferred by a type two transfer, as defined in s. 20.06(2),
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Florida Statutes, to the Bureau of Slot Machines within the
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Division of Gambling Oversight and the Division of Licensing and
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Enforcement of the Department of Gaming Control.
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(b) The prosecution of illegal gambling are transferred by
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a type two transfer, as defined in s. 20.06(2), Florida Statutes,
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to the Bureau of Prosecution of the Division of Licensing and
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Enforcement of the Department of Gaming Control.
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(7)(a) The following trust funds are transferred from the
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Division of Pari-mutuel Wagering of the Department of Business
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and Professional Regulation to the Bureau of Pari-mutuel Wagering
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within the Division of Gambling Oversight of the Department of
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Gaming:
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1. Pari-mutuel Wagering Trust Fund.
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2. Racing Scholarship Trust Fund.
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(b) The Operating Trust Fund within the Department of the
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Lottery is transferred to the Division of the Lottery within the
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Department of Gaming Control.
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Section 2. Paragraph (e) of subsection (3) of section
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11.905, Florida Statutes, is amended to read:
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11.905 Schedule for reviewing state agencies and advisory
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committees.--The following state agencies, including their
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advisory committees, or the following advisory committees of
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agencies shall be reviewed according to the following schedule:
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(3) Reviewed by July 1, 2012:
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(e) Department of Gaming Control the Lottery.
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Section 3. Subsection (2) of section 20.165, Florida
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Statutes, is amended to read:
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20.165 Department of Business and Professional
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Regulation.--There is created a Department of Business and
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Professional Regulation.
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(2) The following divisions of the Department of Business
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and Professional Regulation are established:
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(a) Division of Administration.
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(b) Division of Alcoholic Beverages and Tobacco.
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(c) Division of Certified Public Accounting.
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1. The director of the division shall be appointed by the
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secretary of the department, subject to approval by a majority of
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the Board of Accountancy.
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2. The offices of the division shall be located in
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Gainesville.
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(d) Division of Florida Land Sales, Condominiums, and
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Mobile Homes.
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(e) Division of Hotels and Restaurants.
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(f) Division of Pari-mutuel Wagering.
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(f)(g) Division of Professions.
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(g)(h) Division of Real Estate.
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1. The director of the division shall be appointed by the
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secretary of the department, subject to approval by a majority of
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the Florida Real Estate Commission.
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2. The offices of the division shall be located in Orlando.
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(i) Division of Regulation.
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(j) Division of Technology, Licensure, and Testing.
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Section 4. Section 20.317, Florida Statutes, is repealed.
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Section 5. Section 20.318, Florida Statutes, is created to
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read:
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20.318 Department of Gaming Control.--There is created a
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Department of Gaming Control.
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(1) GAMING COMMISSION.--There is created the Gaming
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Commission, composed of five members appointed by the Governor,
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subject to confirmation by the Senate. The commission members
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shall serve as agency head of the Department of Gaming Control.
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The commission shall be responsible for hiring and firing the
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executive director and general counsel.
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(2) DIVISIONS.--The Department of Gaming Control shall
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consist of the following divisions:
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(a) The Division of the Lottery.
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(b) The Division of Licensing and Enforcement, which shall
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include the following bureaus.
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1. The Bureau of Licensing.
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2. The Bureau of Revenue and Audit.
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3. The Bureau of Investigation.
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4. The Bureau of Enforcement.
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5. The Bureau of Prosecution.
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(c) The Division of Gambling Oversight, which shall include
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the following bureaus:
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1. The Bureau of Pari-mutuel Wagering.
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2. The Bureau of Cardrooms.
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3. The Bureau of Slot Machines.
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4. The Bureau of Charitable Gaming.
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5. The Bureau of Compulsive Gambling.
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(3) ADVISORY OPINIONS.--The department shall provide
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advisory opinions when requested by any law enforcement official,
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state attorney, or entity licensed by the department relating to
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any the application of state gaming laws with respect to whether
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a particular act or device constitutes legal or illegal gambling
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under state laws and administrative rules adopted thereunder. A
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written record of all such opinions issued by the department,
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sequentially numbered, dated, and indexed by subject matter shall
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be retained. Repayment of a loan made from the fund may be
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for non-ad valorem assessments, and may also be collected by any
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alternative method that is authorized by law. Any such person or
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entity, acting in good faith upon an advisory opinion that such
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person or entity requested and received, is not subject to any
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criminal penalty provided for under state law for illegal
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gambling. The opinion, until amended or revoked, is binding on
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any person or entity who sought the opinion or with reference to
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whom the opinion was sought, unless material facts were omitted
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or misstated in the request for the advisory opinion. The
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department may adopt rules regarding the process for securing an
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advisory opinion and may require in those rules the submission of
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any potential gaming apparatus for testing by a licensed testing
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laboratory to prove or disproved its compliance with state law
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before the issuance of an opinion by the department.
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(4) STATE COMPLIANCE AGENCY.--The department shall serve as
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the state compliance agency that is responsible for oversight
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responsibilities under any tribal gaming compact entered into by
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the state.
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(5) LAW ENFORCEMENT OFFICERS.--The department may employ
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sworn law enforcement officers within the Bureau of Enforcement
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to enforce any criminal law, conduct any criminal investigation,
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or enforce the provisions of any statute or any other laws of
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this state related to gambling or the state lottery.
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(a) Each law enforcement officer shall meet the
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qualifications of law enforcement officers under s. 943.13 and
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shall be certified as a law enforcement officer by the Department
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of Law Enforcement under chapter 943. Upon certification, each
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law enforcement officer is subject to and shall have authority
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provided for law enforcement officers generally in chapter 901
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and shall have statewide jurisdiction. Each officer shall also
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have arrest authority as provided for state law enforcement
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officers in s. 901.15 and full law enforcement powers granted to
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other peace officers of this state, including the authority to
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make arrests, carry firearms, serve court process, and seize
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contraband and the proceeds of illegal activities.
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(b) The department may also appoint part-time, reserve, or
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auxiliary law enforcement officers under chapter 943.
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(c) Each law enforcement officer of the department, upon
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certification under s. 943.1395, has the same right and authority
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to carry arms as do the sheriffs of this state.
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(d) Each law enforcement officer in the state who is
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certified pursuant to chapter 943 has the same authority as law
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enforcement officers designated in this section to enforce the
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laws of this state as described in this subsection.
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Section 6. Section 24.103, Florida Statutes, is amended to
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read:
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24.103 Definitions.--As used in this act:
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(1) "Department" means the Department of Gaming Control the
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Lottery.
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(2) "Division" means the Division of the Lottery.
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"Secretary" means the secretary of the department.
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(3) "Person" means any individual, firm, association, joint
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adventure, partnership, estate, trust, syndicate, fiduciary,
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corporation, or other group or combination and shall include any
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agency or political subdivision of the state.
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(4) "Major procurement" means a procurement for a contract
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for the printing of tickets for use in any lottery game,
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consultation services for the startup of the lottery, any goods
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or services involving the official recording for lottery game
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play purposes of a player's selections in any lottery game
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involving player selections, any goods or services involving the
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receiving of a player's selection directly from a player in any
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lottery game involving player selections, any goods or services
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involving the drawing, determination, or generation of winners in
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any lottery game, the security report services provided for in
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this act, or any goods and services relating to marketing and
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promotion which exceed a value of $25,000.
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(5) "Retailer" means a person who sells lottery tickets on
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behalf of the division department pursuant to a contract.
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(6) "Vendor" means a person who provides or proposes to
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provide goods or services to the division department, but does
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not include an employee of the division department, a retailer,
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or a state agency.
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(7) "Commission" means the Gaming Commission.
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Section 7. Section 24.104, Florida Statutes, is amended to
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read:
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24.104 Division of the Lottery Department; purpose.--The
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purpose of the division department is to operate the state
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lottery as authorized by s. 15, Art. X of the State Constitution
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so as to maximize revenues in a manner consonant with the dignity
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of the state and the welfare of its citizens.
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Section 8. Section 24.105, Florida Statutes, is amended to
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read:
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24.105 Powers and duties of the division department.--The
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division department shall:
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(1) Have the authority to sue or be sued in the corporate
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name of the department and to adopt a corporate seal and symbol.
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(2) Supervise and administer the operation of the lottery
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in accordance with the provisions of this act and rules adopted
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pursuant thereto.
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(3) For purposes of any investigation or proceeding
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conducted by the division department, have the power to
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administer oaths, require affidavits, take depositions, issue
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subpoenas, and compel the attendance of witnesses and the
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production of books, papers, documents, and other evidence.
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(4) Submit monthly and annual reports to the Governor, the
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Chief Financial Officer, the President of the Senate, and the
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Speaker of the House of Representatives disclosing the total
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lottery revenues, prize disbursements, and other expenses of the
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division department during the preceding month. The annual report
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shall additionally describe the organizational structure of the
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division department, including its hierarchical structure, and
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shall identify the divisions and bureaus created by the
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commission secretary and summarize the divisions' departmental
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functions performed by each.
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(5) Adopt by rule a system of internal audits.
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(6) Maintain weekly or more frequent records of lottery
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transactions, including the distribution of tickets to retailers,
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revenues received, claims for prizes, prizes paid, and other
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financial transactions of the division department.
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(7) Make a continuing study of the lottery to ascertain any
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defects of this act or rules adopted thereunder which could
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result in abuses in the administration of the lottery; make a
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continuing study of the operation and the administration of
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similar laws in other states and of federal laws which may affect
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the lottery; and make a continuing study of the reaction of the
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public to existing and potential features of the lottery.
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(8) Conduct such market research as is necessary or
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appropriate, which may include an analysis of the demographic
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characteristics of the players of each lottery game and an
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analysis of advertising, promotion, public relations, incentives,
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and other aspects of communications.
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(9) Adopt rules governing the establishment and operation
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of the state lottery, including:
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(a) The type of lottery games to be conducted, except that:
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1. The No name of an elected official may not shall appear
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on the ticket or play slip of any lottery game or on any prize or
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on any instrument used for the payment of prizes, unless such
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prize is in the form of a state warrant.
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2. No Coins or currency may not shall be dispensed from any
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electronic computer terminal or device used in any lottery game.
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3. Other than as provided in subparagraph 4., a no terminal
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or device may not be used for any lottery game that is which may
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be operated solely by the player without the assistance of the
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retailer.
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4. The only player-activated machine that which may be used
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utilized is a machine that which dispenses instant lottery game
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tickets following the insertion of a coin or currency by a ticket
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purchaser. To be authorized a machine must: be under the
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supervision and within the direct line of sight of the lottery
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retailer to ensure that the machine is monitored and only
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operated only by persons at least 18 years of age; be capable of
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being electronically deactivated by the retailer to prohibit use
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by persons less than 18 years of age through the use of a lockout
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device that maintains the machine's deactivation for a period of
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no less than 5 minutes; and be designed to prevent its use or
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conversion for use in any manner other than the dispensing of
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instant lottery tickets. Authorized machines may dispense change
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to players purchasing tickets but may not be used utilized for
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paying the holders of winning tickets of any kind. At least one
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clerk must be on duty at the lottery retailer while the machine
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is in operation. However, at least two clerks must be on duty at
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any lottery location which has violated s. 24.1055.
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(b) The sales price of tickets.
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(c) The number and sizes of prizes.
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(d) The method of selecting winning tickets. However, if a
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lottery game involves a drawing, the drawing shall be public and
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witnessed by an accountant employed by an independent certified
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public accounting firm. The equipment used in the drawing shall
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be inspected before and after the drawing.
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(e) The manner of payment of prizes to holders of winning
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tickets.
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(f) The frequency of drawings or selections of winning
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tickets.
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(g) The number and type of locations at which tickets may
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be purchased.
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(h) The method to be used in selling tickets.
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(i) The manner and amount of compensation of retailers.
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(j) Such other matters necessary or desirable for the
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efficient or economical operation of the lottery or for the
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convenience of the public.
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(10) Notwithstanding the provisions of chapter 286, have
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the authority to hold patents, copyrights, trademarks, and
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service marks and enforce its rights with respect thereto. The
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division department shall notify the Department of State in
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writing whenever property rights by patent, copyright, or
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trademark are secured by the division department.
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(11) In the selection of games and method of selecting
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winning tickets, be sensitive to the impact of the lottery upon
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the pari-mutuel industry and, accordingly, the division
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department may use for any game the theme of horseracing,
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dogracing, or jai alai and may allow a lottery game to be based
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upon a horserace, dograce, or jai alai activity so long as the
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outcome of such lottery game is determined entirely by chance.
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(12)(a) Determine by rule information relating to the
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operation of the lottery which is confidential and exempt from
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the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution. Such information includes trade secrets; security
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measures, systems, or procedures; security reports; information
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concerning bids or other contractual data, the disclosure of
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which would impair the efforts of the division department to
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contract for goods or services on favorable terms; employee
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personnel information unrelated to compensation, duties,
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qualifications, or responsibilities; and information obtained by
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the Division of Licensing and Enforcement Security pursuant to
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its investigations which is otherwise confidential. To be deemed
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confidential, the information must be necessary to the security
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and integrity of the lottery. Confidential information may be
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released to other governmental entities as needed in connection
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with the performance of their duties. The receiving governmental
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entity shall retain the confidentiality of such information as
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provided for in this subsection.
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(b) Maintain the confidentiality of the street address and
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the telephone number of a winner, in that such information is
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confidential and exempt from the provisions of s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution, unless the winner
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consents to the release of such information or as provided for in
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(c) Any information made confidential and exempt from the
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provisions of s. 119.07(1) under this subsection shall be
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disclosed to the Auditor General, to the Office of Program Policy
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Analysis and Government Accountability, or to the independent
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auditor selected under s. 24.123 upon such person's request
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therefor. If the President of the Senate or the Speaker of the
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House of Representatives certifies that information made
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confidential under this subsection is necessary for effecting
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legislative changes, the requested information shall be disclosed
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to him or her, and he or she may disclose such information to
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members of the Legislature and legislative staff as necessary to
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effect such purpose.
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(13) Have the authority to perform any of the functions of
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the Department of Management Services under chapter 255, chapter
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273, chapter 281, chapter 283, or chapter 287, or any rules
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adopted under any such chapter, and may grant approvals provided
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for under any such chapter or rules. If the division department
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finds, by rule, that compliance with any such chapter would
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impair or impede the effective or efficient operation of the
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lottery, the division department may adopt rules providing
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alternative procurement procedures. Such alternative procedures
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shall be designed to allow the division department to evaluate
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competing proposals and select the proposal that provides the
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greatest long-term benefit to the state with respect to the
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quality of the products or services, dependability and integrity
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of the vendor, dependability of the vendor's products or
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services, security, competence, timeliness, and maximization of
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gross revenues and net proceeds over the life of the contract.
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(14) Have the authority to acquire real property and make
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improvements thereon. The title to such property shall be vested
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in the Board of Trustees of the Internal Improvement Trust Fund.
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The board shall give the division department preference in
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leasing state-owned lands under the board's control and may not
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exercise any jurisdiction over lands purchased or leased by the
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division department while such lands are actively used by the
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division department. Actions of the division department under
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this subsection are exempt from the time limitations and
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deadlines of chapter 253.
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(15) Have the authority to charge fees to persons applying
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for contracts as vendors or retailers, which fees are reasonably
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calculated to cover the costs of investigations and other
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activities related to the processing of the application.
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(16) Enter into contracts for the purchase, lease, or
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lease-purchase of such goods and services as are necessary for
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the operation and promotion of the state lottery, including
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assistance provided by any governmental agency.
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(17) In accordance with the provisions of this act, enter
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into contracts with retailers so as to provide adequate and
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convenient availability of tickets to the public for each game.
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(18) Have the authority to enter into agreements with other
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states for the operation and promotion of a multistate lottery if
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such agreements are in the best interest of the state lottery.
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The authority conferred by this subsection is not effective until
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1 year after the first day of lottery ticket sales.
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(19) Employ a division director, bureau chiefs, directors
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and other staff as may be necessary to carry out the provisions
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of this act; however:
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(a) A No person may not shall be employed by the division
521
department who has been convicted of, or entered a plea of guilty
522
or nolo contendere to, a felony committed in the preceding 10
523
years, regardless of adjudication, unless the division department
524
determines that:
525
1. The person has been pardoned or his or her civil rights
526
have been restored; or
527
2. Subsequent to such conviction or entry of plea the
528
person has engaged in the kind of law-abiding commerce and good
529
citizenship that would reflect well upon the integrity of the
530
lottery.
531
(b) An No officer or employee of the division department
532
having decisionmaking authority may not shall participate in any
533
decision involving any vendor or retailer with whom the officer
534
or employee has a financial interest. No Such officer or employee
535
may not participate in any decision involving any vendor or
536
retailer with whom the officer or employee has discussed
537
employment opportunities without the approval of the commission
538
secretary or, if such person officer is a member of the
539
commission the secretary, without the approval of the Governor.
540
Any officer or employee of the division department shall notify
541
the commission secretary of any such discussion or, if such
542
person is a member of the commission officer is the secretary, he
543
or she shall notify the Governor. A violation of this paragraph
544
is punishable in accordance with s. 112.317.
545
(c) An No officer or employee of the division department
546
who leaves the employ of the department may not shall represent
547
any vendor or retailer before the division department regarding
548
any specific matter in which the officer or employee was involved
549
while employed by the division department, for a period of 1 year
550
following cessation of employment with the division department. A
551
violation of this paragraph is punishable in accordance with s.
552
553
(d) The division department shall establish and maintain a
554
personnel program for its employees, including a personnel
555
classification and pay plan which may provide any or all of the
556
benefits provided in the Senior Management Service or Selected
557
Exempt Service. Each officer or employee of the division
558
department shall be a member of the Florida Retirement System.
559
The retirement class of each officer or employee shall be the
560
same as other persons performing comparable functions for other
561
agencies. Employees of the division department shall serve at the
562
pleasure of the commission secretary and shall be subject to
563
suspension, dismissal, reduction in pay, demotion, transfer, or
564
other personnel action at the discretion of the commission
565
secretary. Such personnel actions are exempt from the provisions
566
of chapter 120. All employees of the division department are
567
exempt from the Career Service System provided in chapter 110
568
and, notwithstanding the provisions of s. 110.205(5), are not
569
included in either the Senior Management Service or the Selected
570
Exempt Service. However, all employees of the division department
571
are subject to all standards of conduct adopted by rule for
572
career service and senior management employees pursuant to
573
chapter 110. In the event of a conflict between standards of
574
conduct applicable to employees of the Department of Gaming
575
Control the Lottery the more restrictive standard shall apply.
576
Interpretations as to the more restrictive standard may be
577
provided by the Commission on Ethics upon request of an advisory
578
opinion pursuant to s. 112.322(3)(a), for purposes of this
579
subsection the opinion shall be considered final action.
580
(20) Adopt by rule a code of ethics for officers and
581
employees of the division department which supplements the
582
standards of conduct for public officers and employees imposed by
583
law.
584
Section 9. Section 24.107, Florida Statutes, is amended to
585
read:
586
24.107 Advertising and promotion of lottery games.--
587
(1) The Legislature recognizes the need for extensive and
588
effective advertising and promotion of lottery games. It is the
589
intent of the Legislature that such advertising and promotion be
590
consistent with the dignity and integrity of the state. In
591
advertising the value of a prize that will be paid over a period
592
of years, the division department may refer to the sum of all
593
prize payments over the period.
594
(2) The division department may act as a retailer and may
595
conduct promotions that which involve the dispensing of lottery
596
tickets free of charge.
597
Section 10. Section 24.108, Florida Statutes, is amended to
598
read:
599
24.108 Division of Licensing and Enforcement Security;
600
duties; security report.--
601
(1) The commission secretary shall appoint a director of
602
the Division of Licensing and Enforcement Security who is
603
qualified by training and experience in law enforcement or
604
security to supervise, direct, coordinate, and administer all
605
activities of the division.
606
(2) The director and all investigators employed by the
607
division shall meet the requirements for employment and
608
appointment provided by s. 943.13 and shall satisfy the
609
requirements for certification established by the Criminal
610
Justice Standards and Training Commission pursuant to chapter
611
943. The director and such investigators shall be designated law
612
enforcement officers and shall have the power to investigate and
613
arrest for any alleged violation of this act or any rule adopted
614
pursuant thereto, or any law of this state. Such law enforcement
615
officers may enter upon any premises in which lottery tickets are
616
sold, manufactured, printed, or stored within the state for the
617
performance of their lawful duties and may take with them any
618
necessary equipment, and such entry does shall not constitute a
619
trespass. In any instance in which there is reason to believe
620
that a violation has occurred, such officers have the authority,
621
without warrant, to search and inspect any premises where the
622
violation is alleged to have occurred or is occurring. Any such
623
officer may, consistent with the United States and Florida
624
Constitutions, seize or take possession of any papers, records,
625
tickets, currency, or other items related to any alleged
626
violation.
627
(3) The Department of Law Enforcement shall, at the request
628
of the Division of Licensing and Enforcement Security, perform
629
full criminal background investigations on all employees of the
630
Department of Gaming Control the Lottery at the level of the
631
commission secretary, division director, or bureau chief and at
632
any level within the Division of Licensing and Enforcement
633
Security, including applicants for employment. The Department of
634
Gaming Control the Lottery shall reimburse the Department of Law
635
Enforcement for the actual costs of such investigations.
636
(4) The Division of Licensing and Enforcement shall conduct
637
such investigations of vendors, retailers, and employees of the
638
Division of the Lottery department, including applicants for
639
contract or employment, as are necessary to ensure the security
640
and integrity of the operation of the state lottery. The Division
641
of the Lottery department may require persons subject to such
642
investigations to provide such information, including
643
fingerprints, as is needed by the Department of Law Enforcement
644
for processing or as is otherwise necessary to facilitate access
645
to state and federal criminal history information.
646
(5) The Department of Law Enforcement shall provide
647
assistance in obtaining criminal history information relevant to
648
investigations required for honest, secure, and exemplary lottery
649
operations, and such other assistance as may be requested by the
650
commission secretary and agreed to by the executive director of
651
the Department of Law Enforcement. Any other state agency,
652
including the Department of Business and Professional Regulation
653
and the Department of Revenue, shall, upon request, provide the
654
Department of Gaming Control the Lottery with any information
655
relevant to any investigation conducted pursuant to this act. The
656
Department of Gaming Control the Lottery shall maintain the
657
confidentiality of any confidential information it receives from
658
any other agency. The Department of Gaming Control the Lottery
659
shall reimburse any agency for the actual cost of providing any
660
assistance pursuant to this subsection.
661
(6) The Division of Licensing and Enforcement shall monitor
662
ticket validation and lottery drawings.
663
(7)(a) After the first full year of sales of tickets to the
664
public, or sooner if the commission secretary deems necessary,
665
the Division of the Lottery department shall engage an
666
independent firm experienced in security procedures, including,
667
but not limited to, computer security and systems security, to
668
conduct a comprehensive study and evaluation of all aspects of
669
security in the operation of the Division of the Lottery
670
department.
671
(b) The portion of the security report containing the
672
overall evaluation of the Division of the Lottery department in
673
terms of each aspect of security shall be presented to the
674
Governor, the President of the Senate, and the Speaker of the
675
House of Representatives. The portion of the security report
676
containing specific recommendations shall be confidential and
677
shall be presented only to the commission secretary, the
678
Governor, and the Auditor General; however, upon certification
679
that such information is necessary for the purpose of effecting
680
legislative changes, such information shall be disclosed to the
681
President of the Senate and the Speaker of the House of
682
Representatives, who may disclose such information to members of
683
the Legislature and legislative staff as necessary to effect such
684
purpose. However, any person who receives a copy of such
685
information or other information which is confidential pursuant
686
to this act or rule of the Division of the Lottery department
687
shall maintain its confidentiality. The confidential portion of
688
the report is exempt from the provisions of s. 119.07(1) and s.
689
24(a), Art. I of the State Constitution.
690
(c) Thereafter, similar studies of security shall be
691
conducted as the Division of the Lottery department deems
692
appropriate but at least once every 2 years.
693
Section 11. Section 24.109, Florida Statutes, is amended to
694
read:
695
24.109 Administrative procedure.--
696
(1) The division department may at any time adopt emergency
697
rules pursuant to s. 120.54. The Legislature finds that such
698
emergency rulemaking power is necessary for the preservation of
699
the rights and welfare of the people in order to provide
700
additional funds to benefit the public. The Legislature further
701
finds that the unique nature of state lottery operations
702
requires, from time to time, that the division department respond
703
as quickly as is practicable to changes in the marketplace.
704
Therefore, in adopting such emergency rules, the division
705
department need not make the findings required by s.
706
120.54(4)(a). Emergency rules adopted under this section are
707
exempt from s. 120.54(4)(c) and shall remain in effect until
708
replaced by other emergency rules or by rules adopted under the
709
nonemergency rulemaking procedures of the Administrative
710
Procedure Act.
711
(2) The provisions of s. 120.57(3) apply to the division's
712
department's contracting process, except that:
713
(a) A formal written protest of any decision, intended
714
decision, or other action subject to protest shall be filed
715
within 72 hours after receipt of notice of the decision, intended
716
decision, or other action.
717
(b) In a competitive procurement protest, including the
718
rejection of all bids, proposals, or replies, the administrative
719
law judge may shall not substitute his or her procurement
720
decision for the agency's procurement decision but shall review
721
the intended agency action only to determine if the agency action
722
is illegal, arbitrary, dishonest, or fraudulent.
723
(c) As an alternative to any provision in s. 120.57(3)(c),
724
the division department may proceed with the bid solicitation or
725
contract award process when the director secretary of the
726
division department sets forth in writing particular facts and
727
circumstances that which require the continuance of the bid
728
solicitation process or the contract award process in order to
729
avoid a substantial loss of funding to the state or to avoid
730
substantial disruption of the timetable for any scheduled lottery
731
game.
732
Section 12. Section 24.111, Florida Statutes, is amended to
733
read:
734
24.111 Vendors; disclosure and contract requirements.--
735
(1) The division department may enter into contracts for
736
the purchase, lease, or lease-purchase of such goods or services
737
as are necessary for effectuating the purposes of this act. The
738
division department may not contract with any person or entity
739
for the total operation and administration of the state lottery
740
established by this act but may make procurements that which
741
integrate functions such as lottery game design, supply of goods
742
and services, and advertising. In all procurement decisions, the
743
division department shall take into account the particularly
744
sensitive nature of the state lottery and shall consider the
745
competence, quality of product, experience, and timely
746
performance of the vendors in order to promote and ensure
747
security, honesty, fairness, and integrity in the operation and
748
administration of the lottery and the objective of raising net
749
revenues for the benefit of the public purpose described in this
750
act.
751
(2) The division department shall investigate the financial
752
responsibility, security, and integrity of each vendor with which
753
it intends to negotiate a contract for major procurement. Such
754
investigation may include an investigation of the financial
755
responsibility, security, and integrity of any or all persons
756
whose names and addresses are required to be disclosed pursuant
757
to paragraph (a). Any person who submits a bid, proposal, or
758
offer as part of a major procurement must, at the time of
759
submitting such bid, proposal, or offer, provide the following:
760
(a) A disclosure of the vendor's name and address and, as
761
applicable, the name and address and any additional disclosures
762
necessary for an investigation of the financial responsibility,
763
security, and integrity of the following:
764
1. If the vendor is a corporation, the officers, directors,
765
and each stockholder in such corporation; except that, in the
766
case of owners of equity securities of a publicly traded
767
corporation, only the names and addresses of those known to the
768
corporation to own beneficially 5 percent or more of such
769
securities need be disclosed.
770
2. If the vendor is a trust, the trustee and all persons
771
entitled to receive income or benefit from the trust.
772
3. If the vendor is an association, the members, officers,
773
and directors.
774
4. If the vendor is a partnership or joint venture, all of
775
the general partners, limited partners, or joint venturers.
776
777
If the vendor subcontracts any substantial portion of the work to
778
be performed to a subcontractor, the vendor shall disclose all of
779
the information required by this paragraph for the subcontractor
780
as if the subcontractor were itself a vendor.
781
(b) A disclosure of all the states and jurisdictions in
782
which the vendor does business and of the nature of that business
783
for each such state or jurisdiction.
784
(c) A disclosure of all the states and jurisdictions in
785
which the vendor has contracts to supply gaming goods or
786
services, including, but not limited to, lottery goods and
787
services, and of the nature of the goods or services involved for
788
each such state or jurisdiction.
789
(d) A disclosure of all the states and jurisdictions in
790
which the vendor has applied for, has sought renewal of, has
791
received, has been denied, has pending, or has had revoked a
792
gaming license or contract of any kind and of the disposition of
793
such in each such state or jurisdiction. If any gaming license or
794
contract has been revoked or has not been renewed or any gaming
795
license or contract application has been either denied or is
796
pending and has remained pending for more than 6 months, all of
797
the facts and circumstances underlying this failure to receive
798
such a license must be disclosed.
799
(e) A disclosure of the details of any conviction or
800
judgment of a state or federal court of the vendor of any felony
801
or any other criminal offense other than a traffic violation.
802
(f) A disclosure of the details of any bankruptcy,
803
insolvency, reorganization, or any pending litigation of the
804
vendor.
805
(g) Such additional disclosures and information as the
806
division department may determine to be appropriate for the
807
procurement involved.
808
(h) The division department shall lease all instant ticket
809
vending machines.
810
(i) The division shall department will require a
811
performance bond for the duration of the contract.
812
813
The division may department shall not contract with any vendor
814
who fails to make the disclosures required by this subsection,
815
and any contract with a vendor who has failed to make the
816
required disclosures is shall be unenforceable. Any contract with
817
any vendor who does not comply with such requirements for
818
periodically updating such disclosures during the tenure of such
819
contract as may be specified in such contract may be terminated
820
by the division department. This subsection shall be construed
821
broadly and liberally to achieve the ends of full disclosure of
822
all information necessary to allow for a full and complete
823
evaluation by the division department of the competence,
824
integrity, background, and character of vendors for major
825
procurements.
826
(3) The division department may require disclosure of the
827
information required by subsection (2) from any vendor if the
828
division department finds that such disclosure is necessary to
829
protect the dignity and integrity of the lottery and in the best
830
interests of the state.
831
(4) The division may not enter into a No contract for a
832
major procurement with any vendor shall be entered into if that
833
vendor, or any of the vendor's officers, directors, trustees,
834
partners, or joint venturers whose names and addresses are
835
required to be disclosed pursuant to paragraph (2)(a), has been
836
convicted of, or entered a plea of guilty or nolo contendere to,
837
a felony committed in the preceding 10 years, regardless of
838
adjudication, unless the division department determines that:
839
(a) The vendor or such individual has been pardoned or the
840
vendor's or such individual's civil rights have been restored;
841
(b) Subsequent to such conviction or entry of plea the
842
vendor or such individual has engaged in the kind of law-abiding
843
commerce and good citizenship that would reflect well upon the
844
integrity of the lottery; or
845
(c) If the vendor is not an individual, such vendor has
846
terminated its relationship with the individual whose actions
847
directly contributed to the vendor's conviction or entry of plea.
848
(5) Each vendor in a major procurement in excess of
849
$25,000, and any other vendor if the division department deems it
850
necessary to protect the state's financial interest, shall, at
851
the time of executing the contract with the division department,
852
post an appropriate bond with the division department in an
853
amount determined by the division department to be adequate to
854
protect the state's interests, but not higher than the full
855
amount estimated to be paid annually to the vendor under the
856
contract. In lieu of the bond, a vendor may, to assure the
857
faithful performance of its obligations, file with the division
858
department an irrevocable letter of credit acceptable to the
859
division department in an amount determined by the division
860
department to be adequate to protect the state's interests or
861
deposit and maintain with the Chief Financial Officer securities
862
that are interest bearing or accruing and that, with the
863
exception of those specified in paragraphs (a) and (b), are rated
864
in one of the four highest classifications by an established
865
nationally recognized investment rating service. Securities
866
eligible under this subsection shall be limited to:
867
(a) Certificates of deposit issued by solvent banks or
868
savings associations organized and existing under the laws of
869
this state or under the laws of the United States and having
870
their principal place of business in this state.
871
(b) United States bonds, notes, and bills for which the
872
full faith and credit of the government of the United States is
873
pledged for the payment of principal and interest.
874
(c) General obligation bonds and notes of any political
875
subdivision of the state.
876
(d) Corporate bonds of any corporation that is not an
877
affiliate or subsidiary of the depositor.
878
879
Such securities shall be held in trust and shall have at all
880
times a market value at least equal to an amount determined by
881
the department to be adequate to protect the state's interests,
882
which amount shall not be set higher than the full amount
883
estimated to be paid annually to the vendor under contract.
884
(6) Every contract in excess of $25,000 entered into by the
885
division department pursuant to this section shall contain a
886
provision for payment of liquidated damages to the division
887
department for any breach of contract by the vendor. The division
888
department may require a liquidated damages provision in any
889
contract if the division department deems it necessary to protect
890
the state's financial interest.
891
(7) Each vendor must shall be qualified to do business in
892
this state and shall file appropriate tax returns as provided by
893
the laws of this state, and all contracts shall be governed by
894
the laws of this state.
895
Section 13. Section 24.112, Florida Statutes, is amended to
896
read:
897
24.112 Retailers of lottery tickets.--
898
(1) The division department shall adopt promulgate rules
899
specifying the terms and conditions for contracting with
900
retailers who will best serve the public interest and promote the
901
sale of lottery tickets.
902
(2) In the selection of retailers, the division department
903
shall consider factors such as financial responsibility,
904
integrity, reputation, accessibility of the place of business or
905
activity to the public, security of the premises, the sufficiency
906
of existing retailers to serve the public convenience, and the
907
projected volume of the sales for the lottery game involved. In
908
the consideration of these factors, the division department may
909
require the information it deems necessary of any person applying
910
for authority to act as a retailer. However, the division
911
department may not establish a limitation upon the number of
912
retailers and shall make every effort to allow small business
913
participation as retailers. It is the intent of the Legislature
914
that retailer selections be based on business considerations and
915
the public convenience and that retailers be selected without
916
regard to political affiliation.
917
(3) The division may department shall not contract with any
918
person as a retailer who:
919
(a) Is less than 18 years of age.
920
(b) Is engaged exclusively in the business of selling
921
lottery tickets; however, this paragraph does shall not preclude
922
the division department from selling lottery tickets.
923
(c) Has been convicted of, or entered a plea of guilty or
924
nolo contendere to, a felony committed in the preceding 10 years,
925
regardless of adjudication, unless the division department
926
determines that:
927
1. The person has been pardoned or the person's civil
928
rights have been restored;
929
2. Subsequent to such conviction or entry of plea the
930
person has engaged in the kind of law-abiding commerce and good
931
citizenship that would reflect well upon the integrity of the
932
lottery; or
933
3. If the person is a firm, association, partnership,
934
trust, corporation, or other entity, the person has terminated
935
its relationship with the individual whose actions directly
936
contributed to the person's conviction or entry of plea.
937
(4) The division department shall issue a certificate of
938
authority to each person with whom it contracts as a retailer for
939
purposes of display pursuant to subsection (6). The issuance of
940
the certificate does shall not confer upon the retailer any right
941
apart from that specifically granted in the contract. The
942
authority to act as a retailer is shall not be assignable or
943
transferable.
944
(5) Any contract executed by the division department
945
pursuant to this section must shall specify the reasons for any
946
suspension or termination of the contract by the division
947
department, including, but not limited to:
948
(a) Commission of a violation of this act or rule adopted
949
pursuant thereto.
950
(b) Failure to accurately account for lottery tickets,
951
revenues, or prizes as required by the division department.
952
(c) Commission of any fraud, deceit, or misrepresentation.
953
(d) Insufficient sale of tickets.
954
(e) Conduct prejudicial to public confidence in the
955
lottery.
956
(f) Any material change in any matter considered by the
957
division department in executing the contract with the retailer.
958
(6) Every retailer shall post and keep conspicuously
959
displayed in a location on the premises accessible to the public
960
its certificate of authority and, with respect to each game, a
961
statement supplied by the division department of the estimated
962
odds of winning some prize for the game.
963
(7) A No contract with a retailer may not shall authorize
964
the sale of lottery tickets at more than one location, and a
965
retailer may sell lottery tickets only at the location stated on
966
the certificate of authority.
967
(8) With respect to any retailer whose rental payments for
968
premises are contractually computed, in whole or in part, on the
969
basis of a percentage of retail sales, and where such computation
970
of retail sales is not explicitly defined to include sales of
971
tickets in a state-operated lottery, the compensation received by
972
the retailer from the division department shall be deemed to be
973
the amount of the retail sale for the purposes of such
974
contractual compensation.
975
(9)(a) The division department may require every retailer
976
to post an appropriate bond as determined by the division
977
department, using an insurance company acceptable to the division
978
department, in an amount not to exceed twice the average lottery
979
ticket sales of the retailer for the period within which the
980
retailer is required to remit lottery funds to the division
981
department. For the first 90 days of sales of a new retailer, the
982
amount of the bond may not exceed twice the average estimated
983
lottery ticket sales for the period within which the retailer is
984
required to remit lottery funds to the division department. This
985
paragraph does shall not apply to lottery tickets that which are
986
prepaid by the retailer.
987
(b) In lieu of such bond, the division department may
988
purchase blanket bonds covering all or selected retailers or may
989
allow a retailer to deposit and maintain with the Chief Financial
990
Officer securities that are interest bearing or accruing and
991
that, with the exception of those specified in subparagraphs 1.
992
and 2., are rated in one of the four highest classifications by
993
an established nationally recognized investment rating service.
994
Securities eligible under this paragraph shall be limited to:
995
1. Certificates of deposit issued by solvent banks or
996
savings associations organized and existing under the laws of
997
this state or under the laws of the United States and having
998
their principal place of business in this state.
999
2. United States bonds, notes, and bills for which the full
1000
faith and credit of the government of the United States is
1001
pledged for the payment of principal and interest.
1002
3. General obligation bonds and notes of any political
1003
subdivision of the state.
1004
4. Corporate bonds of any corporation that is not an
1005
affiliate or subsidiary of the depositor.
1006
1007
Such securities shall be held in trust and shall have at all
1008
times a market value at least equal to an amount required by the
1009
division department.
1010
(10) Every contract entered into by the division department
1011
pursuant to this section must shall contain a provision for
1012
payment of liquidated damages to the division department for any
1013
breach of contract by the retailer.
1014
(11) The division department shall establish procedures by
1015
which each retailer shall account for all tickets sold by the
1016
retailer and account for all funds received by the retailer from
1017
such sales. The contract with each retailer must shall include
1018
provisions relating to the sale of tickets, payment of moneys to
1019
the division department, reports, service charges, and interest
1020
and penalties, if necessary, as the division deems department
1021
shall deem appropriate.
1022
(12) A No payment by a retailer to the division department
1023
for tickets may not shall be in cash. All such payments must
1024
shall be in the form of a check, bank draft, electronic fund
1025
transfer, or other financial instrument authorized by the
1026
division director secretary.
1027
(13) Each retailer shall provide accessibility for disabled
1028
persons on habitable grade levels. This subsection does not apply
1029
to a retail location that which has an entrance door threshold
1030
more than 12 inches above ground level. As used in this
1031
subsection herein and for purposes of this subsection only, the
1032
term "accessibility for disabled persons on habitable grade
1033
levels" means that retailers shall provide ramps, platforms,
1034
aisles and pathway widths, turnaround areas, and parking spaces
1035
to the extent these are required for the retailer's premises by
1036
the particular jurisdiction where the retailer is located.
1037
Accessibility shall be required to only one point of sale of
1038
lottery tickets for each lottery retailer location. The
1039
requirements of this subsection shall be deemed to have been met
1040
if, in lieu of the foregoing, disabled persons can purchase
1041
tickets from the retail location by means of a drive-up window,
1042
provided the hours of access at the drive-up window are not less
1043
than those provided at any other entrance at that lottery
1044
retailer location. Inspections for compliance with this
1045
subsection shall be performed by those enforcement authorities
1046
responsible for enforcement pursuant to s. 553.80 in accordance
1047
with procedures established by those authorities. Those
1048
enforcement authorities shall provide to the Division Department
1049
of the Lottery a certification of noncompliance for any lottery
1050
retailer not meeting such requirements.
1051
(14) The division director secretary may, after filing with
1052
the Department of State his or her manual signature certified by
1053
the division director secretary under oath, execute or cause to
1054
be executed contracts between the division department and
1055
retailers by means of engraving, imprinting, stamping, or other
1056
facsimile signature.
1057
Section 14. Section 24.113, Florida Statutes, is amended to
1058
read:
1059
24.113 Minority participation.--
1060
(1) It is the intent of the Legislature that the division
1061
department encourage participation by minority business
1062
enterprises as defined in s. 288.703. Accordingly, 15 percent of
1063
the retailers shall be minority business enterprises as defined
1064
in s. 288.703(2); however, no more than 35 percent of such
1065
retailers shall be owned by the same type of minority person, as
1066
defined in s. 288.703(3). The division department is encouraged
1067
to meet the minority business enterprise procurement goals set
1068
forth in s. 287.09451 in the procurement of commodities,
1069
contractual services, construction, and architectural and
1070
engineering services. This section does shall not preclude or
1071
prohibit a minority person from competing for any other retailing
1072
or vending agreement awarded by the division department.
1073
(2) The division shall department is directed to undertake
1074
training programs and other educational activities to enable
1075
minority persons to compete for such contracts on an equal basis.
1076
Section 15. Section 24.114, Florida Statutes, is amended to
1077
read:
1078
24.114 Bank deposits and control of lottery transactions.--
1079
(1) All moneys received by each retailer from the operation
1080
of the state lottery, including, but not limited to, all ticket
1081
sales, interest, gifts, and donations, less the amount retained
1082
as compensation for the sale of the tickets and the amount paid
1083
out as prizes, shall be remitted to the division department or
1084
deposited in a qualified public depository, as defined in s.
1085
280.02, as directed by the division department. The division is
1086
responsible department shall have the responsibility for all
1087
administrative functions related to the receipt of funds. The
1088
division department may also require each retailer to file with
1089
the division department reports of the retailer's receipts and
1090
transactions in the sale of lottery tickets in such form and
1091
containing such information as the division department may
1092
require. The division department may require any person,
1093
including a qualified public depository, to perform any function,
1094
activity, or service in connection with the operation of the
1095
lottery as it may deem advisable pursuant to this act and rules
1096
of the division department, and such functions, activities, or
1097
services shall constitute lawful functions, activities, and
1098
services of such person.
1099
(2) The division department may require retailers to
1100
establish separate electronic funds transfer accounts for the
1101
purpose of receiving moneys from ticket sales, making payments to
1102
the division department, and receiving payments from the division
1103
department.
1104
(3) Each retailer is liable to the division department for
1105
any and all tickets accepted or generated by any employee or
1106
representative of that retailer, and the tickets shall be deemed
1107
to have been purchased by the retailer unless returned to the
1108
division department within the time and in the manner prescribed
1109
by the division department. All moneys received by retailers from
1110
the sale of lottery tickets, less the amount retained as
1111
compensation for the sale of tickets and the amount paid out as
1112
prizes by the retailer, shall be held in trust prior to delivery
1113
to the division department or electronic transfer to the
1114
Operating Trust Fund.
1115
Section 16. Section 24.115, Florida Statutes, is amended to
1116
read:
1117
24.115 Payment of prizes.--
1118
(1) The division department shall adopt promulgate rules to
1119
establish a system of verifying the validity of tickets claimed
1120
to win prizes and to effect payment of such prizes; however:
1121
(a) The right of any person to a prize, other than a prize
1122
that is payable in installments over time, is not assignable.
1123
However, any prize, to the extent that it has not been assigned
1124
or encumbered pursuant to s. 24.1153, may be paid to the estate
1125
of a deceased prize winner or to a person designated pursuant to
1126
an appropriate court order. A prize that is payable in
1127
installments over time is assignable, but only pursuant to an
1128
appropriate court order as provided in s. 24.1153.
1129
(b) A No prize may not shall be paid to any person under
1130
the age of 18 years unless the winning ticket was lawfully
1131
purchased and made a gift to the minor. In such case, the
1132
division department shall direct payment to an adult member of
1133
the minor's family or the legal guardian of the minor as
1134
custodian for the minor. The person named as custodian shall have
1135
the same powers and duties as prescribed for a custodian pursuant
1136
to chapter 710, the Florida Uniform Transfers to Minors Act.
1137
(c) A No prize may not be paid arising from claimed tickets
1138
that are stolen, counterfeit, altered, fraudulent, unissued,
1139
produced or issued in error, unreadable, not received or not
1140
recorded by the division department by applicable deadlines,
1141
lacking in captions that confirm and agree with the lottery play
1142
symbols as appropriate to the lottery game involved, or not in
1143
compliance with such additional specific rules and public or
1144
confidential validation and security tests of the division
1145
department appropriate to the particular lottery game involved.
1146
(d) A No particular prize in any lottery game may not be
1147
paid more than once, and in the event of a binding determination
1148
that more than one claimant is entitled to a particular prize,
1149
the sole remedy of such claimants is the award to each of them of
1150
an equal share in the prize.
1151
(e) For the convenience of the public, retailers may be
1152
authorized to pay winners amounts less than $600 after performing
1153
validation procedures on their premises appropriate to the
1154
lottery game involved.
1155
(f) Holders of tickets shall have the right to claim prizes
1156
for 180 days after the drawing or the end of the lottery game or
1157
play in which the prize was won; except that with respect to any
1158
game in which the player may determine instantly if he or she has
1159
won or lost, such right exists shall exist for 60 days after the
1160
end of the lottery game. If a valid claim is not made for a prize
1161
within the applicable period, the prize constitutes shall
1162
constitute an unclaimed prize for purposes of subsection (2).
1163
(g) A No prize may not shall be paid upon a ticket
1164
purchased or sold in violation of this act or to any person who
1165
is prohibited from purchasing a lottery ticket pursuant to this
1166
act. Any such prize constitutes shall constitute an unclaimed
1167
prize for purposes of subsection (2).
1168
(2)(a) Eighty percent of all unclaimed prize money shall be
1169
deposited in the Educational Enhancement Trust Fund consistent
1170
with the provisions of s. 24.121(2). Subject to appropriations
1171
provided in the General Appropriations Act, these funds may be
1172
used to match private contributions received under the
1173
postsecondary matching grant programs established in ss. 1011.32,
1175
(b) The remaining 20 percent of unclaimed prize money shall
1176
be added to the pool from which future prizes are to be awarded
1177
or used for special prize promotions.
1178
(3) The division department shall be discharged of all
1179
liability upon payment of a prize.
1180
(4) It is the responsibility of the appropriate state
1181
agency and of the judicial branch to identify to the division
1182
department, in the form and format prescribed by the division
1183
department, persons owing an outstanding debt to any state agency
1184
or owing child support collected through a court, including
1185
spousal support or alimony for the spouse or former spouse of the
1186
obligor if the child support obligation is being enforced by the
1187
Department of Revenue. Prior to the payment of a prize of $600 or
1188
more to any claimant having such an outstanding obligation, the
1189
division department shall transmit the amount of the debt to the
1190
agency claiming the debt and shall authorize payment of the
1191
balance to the prize winner after deduction of the debt. If a
1192
prize winner owes multiple debts subject to offset under this
1193
subsection and the prize is insufficient to cover all such debts,
1194
the amount of the prize shall be transmitted first to the agency
1195
claiming that past due child support is owed. If a balance of
1196
lottery prize remains after payment of past due child support,
1197
the remaining lottery prize amount shall be transmitted to other
1198
agencies claiming debts owed to the state, pro rata, based upon
1199
the ratio of the individual debt to the remaining debt owed to
1200
the state.
1201
Section 17. Section 24.1153, Florida Statutes, is amended
1202
to read:
1203
24.1153 Assignment of prizes payable in installments.--
1204
(1) The right of any person to receive payments under a
1205
prize that is paid in installments over time by the division
1206
department may be voluntarily assigned, in whole or in part, if
1207
the assignment is made to a person or entity designated pursuant
1208
to an order of a court of competent jurisdiction located in the
1209
judicial district where the assigning prize winner resides or
1210
where the headquarters of the division department is located. A
1211
court may issue an order approving a voluntary assignment and
1212
directing the division department to make prize payments in whole
1213
or in part to the designated assignee, if the court finds that
1214
all of the following conditions have been met:
1215
(a) The assignment is in writing, is executed by the
1216
assignor, and is, by its terms, subject to the laws of this
1217
state.
1218
(b) The purchase price being paid for the payments being
1219
assigned represents a present value of the payments being
1220
assigned, discounted at an annual rate that does not exceed the
1221
state's usury limit for loans.
1222
(c) The assignor provides a sworn affidavit attesting that
1223
he or she:
1224
1. Is of sound mind, is in full command of his or her
1225
faculties, and is not acting under duress;
1226
2. Has been advised regarding the assignment by his or her
1227
own independent legal counsel, who is unrelated to and is not
1228
being compensated by the assignee or any of the assignee's
1229
affiliates, and has received independent financial or tax advice
1230
concerning the effects of the assignment from a lawyer or other
1231
professional who is unrelated to and is not being compensated by
1232
the assignee or any of the assignee's affiliates;
1233
3. Understands that he or she will not receive the prize
1234
payments or portions thereof for the years assigned;
1235
4. Understands and agrees that with regard to the assigned
1236
payments the division department and its officials and employees
1237
will have no further liability or responsibility to make the
1238
assigned payments to him or her;
1239
5. Has been provided with a one-page written disclosure
1240
statement setting forth, in bold type of not less than 14 points,
1241
the payments being assigned, by amounts and payment dates; the
1242
purchase price being paid; the rate of discount to present value,
1243
assuming daily compounding and funding on the contract date; and
1244
the amount, if any, of any origination or closing fees that will
1245
be charged to him or her; and
1246
6. Was advised in writing, at the time he or she signed the
1247
assignment contract, that he or she had the right to cancel the
1248
contract, without any further obligation, within 3 business days
1249
following the date on which the contract was signed.
1250
(d) Written notice of the proposed assignment and any court
1251
hearing concerning the proposed assignment is provided to the
1252
division's department's counsel at least 10 days prior to any
1253
court hearing. The division department is not required to appear
1254
in or be named as a party to any such action seeking judicial
1255
confirmation of an assignment under this section, but may
1256
intervene as of right in any such proceeding.
1257
(2) A certified copy of a court order approving a voluntary
1258
assignment must be provided to the division department no later
1259
than 14 days before the date on which the payment is to be made.
1260
(3) In accordance with the provisions of s. 24.115(4), a
1261
voluntary assignment may not include or cover payments or
1262
portions of payments that are subject to offset on account of a
1263
defaulted or delinquent child support obligation or on account of
1264
a debt owed to a state agency. Each court order issued under
1265
subsection (1) shall provide that any delinquent child support
1266
obligations of the assigning prize winner and any debts owed to a
1267
state agency by the assigning prize winner, as of the date of the
1268
court order, shall be offset by the division department first
1269
against remaining payments or portions thereof due the prize
1270
winner and then against payments due the assignee.
1271
(4) The division department, and its respective officials
1272
and employees, shall be discharged of all liability upon payment
1273
of an assigned prize under this section.
1274
(5) The division department may establish a reasonable fee
1275
to defray any administrative expenses associated with assignments
1276
made under this section, including the cost to the division
1277
department of any processing fee that may be imposed by a private
1278
annuity provider. The fee amount shall reflect the direct and
1279
indirect costs associated with processing such assignments.
1280
(6) If at any time the Internal Revenue Service or a court
1281
of competent jurisdiction issues a determination letter, revenue
1282
ruling, other public ruling of the Internal Revenue Service, or
1283
published decision to any state lottery or prize winner of any
1284
state lottery declaring that the voluntary assignment of prizes
1285
will affect the federal income tax treatment of prize winners who
1286
do not assign their prizes, the director secretary of the
1287
division department shall immediately file a copy of that letter,
1288
ruling, or published decision with the Secretary of State and the
1289
Office of the State Courts Administrator. A court may not issue
1290
an order authorizing a voluntary assignment under this section
1291
after the date any such ruling, letter, or published decision is
1292
filed.
1293
Section 18. Section 24.116, Florida Statutes, is amended to
1294
read:
1295
24.116 Unlawful purchase of lottery tickets; penalty.--
1296
(1) A No person who is less than 18 years of age may not
1297
purchase a lottery ticket; however, this does shall not prohibit
1298
the purchase of a lottery ticket for the purpose of making a gift
1299
to a minor.
1300
(2) An No officer or employee of the division department or
1301
any relative living in the same household with such officer or
1302
employee may not purchase a lottery ticket.
1303
(3) An No officer or employee of any vendor under contract
1304
with the division department for a major procurement, relative
1305
living in the same household with such officer or employee, or
1306
immediate supervisor of such officer or employee may not purchase
1307
a lottery ticket if the officer or employee is involved in the
1308
direct provision of goods or services to the division department
1309
or has access to information made confidential by the division
1310
department.
1311
(4) Any person who violates this section commits is guilty
1312
of a misdemeanor of the first degree, punishable as provided in
1314
Section 19. Section 24.117, Florida Statutes, is amended to
1315
read:
1316
24.117 Unlawful sale of lottery tickets; penalty.--Any
1317
person who knowingly:
1318
(1) Sells a state lottery ticket when not authorized by the
1319
division department or this act to engage in such sale;
1320
(2) Sells a state lottery ticket to a minor; or
1321
(3) Sells a state lottery ticket at any price other than
1322
that established by the division department;
1323
1324
commits is guilty of a misdemeanor of the first degree,
1326
Section 20. Subsections (1), (3), and (5) of section
1327
24.118, Florida Statutes, are amended to read:
1328
24.118 Other prohibited acts; penalties.--
1329
(1) UNLAWFUL EXTENSIONS OF CREDIT.--Any retailer who
1330
extends credit or lends money to a person for the purchase of a
1331
lottery ticket commits is guilty of a misdemeanor of the second
1333
subsection does shall not be construed to prohibit the purchase
1334
of a lottery ticket through the use of a credit or charge card or
1335
other instrument issued by a bank, savings association, credit
1336
union, or charge card company or by a retailer pursuant to part
1337
II of chapter 520 if, provided that any such purchase from a
1338
retailer is shall be in addition to the purchase of goods and
1339
services other than lottery tickets having a cost of no less than
1340
$20.
1341
(3) COUNTERFEIT OR ALTERED TICKETS.--Any person who:
1342
(a) Knowingly presents a counterfeit or altered state
1343
lottery ticket;
1344
(b) Knowingly transfers a counterfeit or altered state
1345
lottery ticket to another to present for payment;
1346
(c) With intent to defraud, falsely makes, alters, forges,
1347
passes, or counterfeits a state lottery ticket; or
1348
(d) Files with the division department a claim for payment
1349
based upon facts alleged by the claimant which facts are untrue
1350
and known by the claimant to be untrue when the claim is made;
1351
1352
commits is guilty of a felony of the third degree, punishable as
1354
(5) UNLAWFUL REPRESENTATION.--
1355
(a) Any person who uses point-of-sale materials issued by
1356
the division department or otherwise holds himself or herself out
1357
as a retailer without being authorized by the division department
1358
to act as a retailer commits is guilty of a misdemeanor of the
1360
(b) Any person who without being authorized by the division
1361
department in writing uses the term "Florida Lottery," "State
1362
Lottery," "Florida State Lottery," or any similar term in the
1363
title or name of any charitable or commercial enterprise,
1364
product, or service commits is guilty of a misdemeanor of the
1366
Section 21. Section 24.119, Florida Statutes, is amended to
1367
read:
1368
24.119 Use of word "lottery" in corporate name.--The
1369
corporate name of a corporation may shall not contain the word
1370
"lottery" unless the Division Department of the Lottery approves
1371
such name in writing.
1372
Section 22. Section 24.120, Florida Statutes, is amended to
1373
read:
1374
24.120 Financial matters; Operating Trust Fund; interagency
1375
cooperation.--
1376
(1) There is hereby created in the State Treasury an
1377
Operating Trust Fund to be administered in accordance with
1378
chapters 215 and 216 by the division department. All money
1379
received by the division department which remains after payment
1380
of prizes and initial compensation paid to retailers shall be
1381
deposited into the Operating Trust Fund. All moneys in the trust
1382
fund are appropriated to the division department for the purposes
1383
specified in this act.
1384
(2) Moneys available for the payment of prizes on a
1385
deferred basis shall be invested by the State Board of
1386
Administration in accordance with a trust agreement approved by
1387
the division director secretary and entered into between the
1388
division department and the State Board of Administration in
1390
this subsection shall be done in a manner designed to preserve
1391
capital and to ensure the integrity of the lottery disbursement
1392
system by eliminating the risk of payment of funds when due and
1393
to produce equal annual sums of money over the required term of
1394
the investments.
1395
(3) Any action required by law to be taken by the Chief
1396
Financial Officer shall be taken within 2 business days after the
1397
division's department's request therefor. If the request for
1398
action is not approved or rejected within that time period, the
1399
request shall be deemed to be approved. The division department
1400
shall reimburse the Chief Financial Officer for any additional
1401
costs involved in providing the level of service required by this
1402
subsection.
1403
(4) The division department shall cooperate with the Chief
1404
Financial Officer, the Auditor General, and the Office of Program
1405
Policy Analysis and Government Accountability by giving employees
1406
designated by any of them access to facilities of the division
1407
department for the purpose of efficient compliance with their
1408
respective responsibilities.
1409
(5) With respect to any reimbursement that the division
1410
department is required to pay to any state agency, the division
1411
department may enter into an agreement with a state agency under
1412
which the division department shall pay to the state agency an
1413
amount reasonably anticipated to cover the reimbursable expenses
1414
in advance of the expenses being incurred.
1415
(6) The Department of Management Services may authorize a
1416
sales incentive program for employees of the division department
1417
for the purpose of increasing the sales volume and distribution
1418
of lottery tickets. Payments pursuant to the program are shall
1419
not be construed to be lump-sum salary bonuses.
1420
Section 23. Subsections (1), (2), and (3) and paragraph (d)
1421
of subsection (5) of section 24.121, Florida Statutes, are
1422
amended to read:
1423
24.121 Allocation of revenues and expenditure of funds for
1424
public education.--
1425
(1) Variable percentages of the gross revenue from the sale
1426
of online and instant lottery tickets shall be returned to the
1427
public in the form of prizes paid by the division department or
1428
retailers as authorized by this act. The variable percentages of
1429
gross revenue from the sale of online and instant lottery tickets
1430
returned to the public in the form of prizes shall be established
1431
by the division department in a manner designed to maximize the
1432
amount of funds deposited under subsection (2).
1433
(2) Each fiscal year, variable percentages of the gross
1434
revenue from the sale of online and instant lottery tickets as
1435
determined by the division department consistent with subsection
1436
(1), and other earned revenue, excluding application processing
1437
fees, shall be deposited in the Educational Enhancement Trust
1438
Fund, which is hereby created in the State Treasury to be
1439
administered by the Department of Education. The Division
1440
Department of the Lottery shall transfer moneys to the
1441
Educational Enhancement Trust Fund at least once each quarter.
1442
Funds in the Educational Enhancement Trust Fund shall be used to
1443
the benefit of public education in accordance with the provisions
1444
of this act. Notwithstanding any other provision of law, lottery
1445
revenues transferred to the Educational Enhancement Trust Fund
1446
shall be reserved as needed and used to meet the requirements of
1447
the documents authorizing the bonds issued by the state pursuant
1449
school districts for the Classrooms First Program as provided in
1450
s. 1013.68. Such lottery revenues are hereby pledged to the
1451
payment of debt service on bonds issued by the state pursuant to
1454
s. 1013.737 shall be payable from, and is secured by a first lien
1455
on, the first lottery revenues transferred to the Educational
1456
Enhancement Trust Fund in each fiscal year. Amounts distributable
1457
to school districts that request the issuance of bonds pursuant
1458
to s. 1013.68(3) are hereby pledged to such bonds pursuant to s.
1459
11(d), Art. VII of the State Constitution.
1460
(3) The funds remaining in the Operating Trust Fund after
1461
transfers to the Educational Enhancement Trust Fund shall be used
1462
for the payment of administrative expenses of the division
1463
department. These expenses shall include all costs incurred in
1464
the operation and administration of the lottery and all costs
1465
resulting from any contracts entered into for the purchase or
1466
lease of goods or services required by the lottery, including,
1467
but not limited to:
1468
(a) The compensation paid to retailers;
1469
(b) The costs of supplies, materials, tickets, independent
1470
audit services, independent studies, data transmission,
1471
advertising, promotion, incentives, public relations,
1472
communications, security, bonding for retailers, printing,
1473
distribution of tickets, and reimbursing other governmental
1474
entities for services provided to the lottery; and
1475
(c) The costs of any other goods and services necessary for
1476
effectuating the purposes of this act.
1477
(5)
1478
(d) No Funds may not shall be released for any purpose from
1479
the Educational Enhancement Trust Fund to any school district in
1480
which one or more schools do not have an approved school
1481
improvement plan pursuant to s. 1001.42(16) or do not comply with
1482
school advisory council membership composition requirements
1483
pursuant to s. 1001.452(1). The Commissioner of Education shall
1484
withhold disbursements from the trust fund to any school district
1485
that fails to adopt the performance-based salary schedule
1486
required by s. 1012.22(1).
1487
Section 24. Section 24.1215, Florida Statutes, is amended
1488
to read:
1489
24.1215 Duty to inform public of lottery's significance to
1490
education.--The Division Department of the Lottery shall inform
1491
the public about the significance of lottery funding to the
1492
state's overall system of public education.
1493
Section 25. Section 24.122, Florida Statutes, is amended to
1494
read:
1495
24.122 Exemption from taxation; state preemption;
1496
inapplicability of other laws.--
1497
(1) This act does shall not be construed to authorize any
1498
lottery except the lottery operated by the division department
1499
pursuant to this act.
1500
(2) A No state or local tax may not shall be imposed upon
1501
any prize paid or payable under this act or upon the sale of any
1502
lottery ticket pursuant to this act.
1503
(3) All matters relating to the operation of the state
1504
lottery are preempted to the state, and a no county,
1505
municipality, or other political subdivision of the state may not
1506
shall enact any ordinance relating to the operation of the
1507
lottery authorized by this act. However, this subsection does
1508
shall not prohibit a political subdivision of the state from
1509
requiring a retailer to obtain an occupational license for any
1510
business unrelated to the sale of lottery tickets.
1511
(4) Any state or local law providing any penalty,
1512
disability, restriction, or prohibition for the possession,
1513
manufacture, transportation, distribution, advertising, or sale
1514
of any lottery ticket, including chapter 849, does shall not
1515
apply to the tickets of the state lottery operated pursuant to
1516
this act; and nor shall any such law does not apply to the
1517
possession of a ticket issued by any other government-operated
1518
lottery. In addition, activities of the division department under
1519
this act are exempt from the provisions of:
1520
(a) Chapter 616, relating to public fairs and expositions.
1521
(b) Chapter 946, relating to correctional work programs.
1522
(c) Chapter 282, relating to communications and data
1523
processing.
1524
(d) Section 110.131, relating to other personal services.
1525
Section 26. Section 24.123, Florida Statutes, is amended to
1526
read:
1527
24.123 Annual audit of financial records and reports.--
1528
(1) The Legislative Auditing Committee shall contract with
1529
a certified public accountant licensed pursuant to chapter 473
1530
for an annual financial audit of the division department. The
1531
certified public accountant may not shall have any no financial
1532
interest in any vendor with whom the division department is under
1533
contract. The certified public accountant shall present an audit
1534
report no later than 7 months after the end of the fiscal year
1535
and shall make recommendations to enhance the earning capability
1536
of the state lottery and to improve the efficiency of division
1537
department operations. The certified public accountant shall also
1538
perform a study and evaluation of internal accounting controls
1539
and shall express an opinion on those controls in effect during
1540
the audit period. The cost of the annual financial audit shall be
1541
paid by the division department.
1542
(2) The Auditor General may at any time conduct an audit of
1543
any phase of the operations of the state lottery and shall
1544
receive a copy of the yearly independent financial audit and any
1545
security report prepared pursuant to s. 24.108.
1546
(3) A copy of any audit performed pursuant to this section
1547
shall be submitted to the commission, the division director
1548
secretary, the Governor, the President of the Senate, the Speaker
1549
of the House of Representatives, and members of the Legislative
1550
Auditing Committee.
1551
Section 27. Section 24.124, Florida Statutes, is amended to
1552
read:
1553
24.124 Responsibility for ticket accuracy; division
1554
department, retailer, and vendor liability.--
1555
(1) Purchasers of online games tickets shall be responsible
1556
for verifying the accuracy of their tickets, including the number
1557
or numbers printed on the tickets. In the event of an error, the
1558
ticket may be canceled and a replacement ticket issued pursuant
1559
to rules adopted promulgated by the Division Department of the
1560
Lottery.
1561
(2) Other than the issuance of a replacement ticket, there
1562
is shall be no right or cause of action and no liability on the
1563
part of the division department, retailer, vendor, or any other
1564
person associated with selling an online games ticket, with
1565
respect to errors or inaccuracies contained in the ticket,
1566
including errors in the number or numbers printed on the ticket.
1567
Section 28. Paragraph (a) of subsection (9) of section
1568
112.313, Florida Statutes, is amended to read:
1569
112.313 Standards of conduct for public officers, employees
1570
of agencies, and local government attorneys.--
1571
(9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
1572
LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
1573
(a)1. It is the intent of the Legislature to implement by
1574
statute the provisions of s. 8(e), Art. II of the State
1575
Constitution relating to legislators, statewide elected officers,
1576
appointed state officers, and designated public employees.
1577
2. As used in this paragraph:
1578
a. "Employee" means:
1579
(I) Any person employed in the executive or legislative
1580
branch of government holding a position in the Senior Management
1581
Service as defined in s. 110.402 or any person holding a position
1582
in the Selected Exempt Service as defined in s. 110.602 or any
1583
person having authority over policy or procurement employed by
1584
the Division Department of the Lottery within the Department of
1585
Gaming Control.
1586
(II) The Auditor General, the director of the Office of
1587
Program Policy Analysis and Government Accountability, the
1588
Sergeant at Arms and Secretary of the Senate, and the Sergeant at
1589
Arms and Clerk of the House of Representatives.
1590
(III) The executive director of the Legislative Committee
1591
on Intergovernmental Relations and the executive director and
1592
deputy executive director of the Commission on Ethics.
1593
(IV) An executive director, staff director, or deputy staff
1594
director of each joint committee, standing committee, or select
1595
committee of the Legislature; an executive director, staff
1596
director, executive assistant, analyst, or attorney of the Office
1597
of the President of the Senate, the Office of the Speaker of the
1598
House of Representatives, the Senate Majority Party Office,
1599
Senate Minority Party Office, House Majority Party Office, or
1600
House Minority Party Office; or any person, hired on a
1601
contractual basis, having the power normally conferred upon such
1602
persons, by whatever title.
1603
(V) The Chancellor and Vice Chancellors of the State
1604
University System; the general counsel to the Board of Governors
1605
of the State University System; and the president, provost, vice
1606
presidents, and deans of each state university.
1607
(VI) Any person, including an other-personal-services
1608
employee, having the power normally conferred upon the positions
1609
referenced in this sub-subparagraph.
1610
b. "Appointed state officer" means any member of an
1611
appointive board, commission, committee, council, or authority of
1612
the executive or legislative branch of state government whose
1613
powers, jurisdiction, and authority are not solely advisory and
1614
include the final determination or adjudication of any personal
1615
or property rights, duties, or obligations, other than those
1616
relative to its internal operations.
1617
c. "State agency" means an entity of the legislative,
1618
executive, or judicial branch of state government over which the
1619
Legislature exercises plenary budgetary and statutory control.
1620
3. A No member of the Legislature, appointed state officer,
1621
or statewide elected officer may not shall personally represent
1622
another person or entity for compensation before the government
1623
body or agency of which the individual was an officer or member
1624
for a period of 2 years following vacation of office. A No member
1625
of the Legislature may not shall personally represent another
1626
person or entity for compensation during his or her term of
1627
office before any state agency other than judicial tribunals or
1628
in settlement negotiations after the filing of a lawsuit.
1629
4. An agency employee, including an agency employee who was
1630
employed on July 1, 2001, in a Career Service System position
1631
that was transferred to the Selected Exempt Service System under
1632
chapter 2001-43, Laws of Florida, may not personally represent
1633
another person or entity for compensation before the agency with
1634
which he or she was employed for a period of 2 years following
1635
vacation of position, unless employed by another agency of state
1636
government.
1637
5. Any person violating this paragraph shall be subject to
1638
the penalties provided in s. 112.317 and a civil penalty of an
1639
amount equal to the compensation which the person receives for
1640
the prohibited conduct.
1641
6. This paragraph is not applicable to:
1642
a. A person employed by the Legislature or other agency
1643
prior to July 1, 1989;
1644
b. A person who was employed by the Legislature or other
1645
agency on July 1, 1989, whether or not the person was a defined
1646
employee on July 1, 1989;
1647
c. A person who was a defined employee of the State
1648
University System or the Public Service Commission who held such
1649
employment on December 31, 1994;
1650
d. A person who has reached normal retirement age as
1651
defined in s. 121.021(29), and who has retired under the
1652
provisions of chapter 121 by July 1, 1991; or
1653
e. Any appointed state officer whose term of office began
1654
before January 1, 1995, unless reappointed to that office on or
1655
after January 1, 1995.
1656
Section 29. Subsection (4) of section 120.80, Florida
1657
Statutes, is amended, and subsection (18) is added to that
1658
section, to read:
1659
120.80 Exceptions and special requirements; agencies.--
1660
(4) DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.--
1661
(a) Business regulation.--The Division of Pari-mutuel
1662
Wagering is exempt from the hearing and notice requirements of
1664
boards of judges when the hearing is to be held for the purpose
1665
of the imposition of fines or suspensions as provided by rules of
1666
the Division of Pari-mutuel Wagering, but not for revocations,
1667
and only upon violations of subparagraphs 1.-6. The Division of
1668
Pari-mutuel Wagering shall adopt rules establishing alternative
1669
procedures, including a hearing upon reasonable notice, for the
1670
following violations:
1671
1. Horse riding, harness riding, greyhound interference,
1672
and jai alai game actions in violation of chapter 550.
1673
2. Application and usage of drugs and medication to horses,
1674
greyhounds, and jai alai players in violation of chapter 550.
1675
3. Maintaining or possessing any device which could be used
1676
for the injection or other infusion of a prohibited drug to
1677
horses, greyhounds, and jai alai players in violation of chapter
1678
550.
1679
4. Suspensions under reciprocity agreements between the
1680
Division of Pari-mutuel Wagering and regulatory agencies of other
1681
states.
1682
5. Assault or other crimes of violence on premises licensed
1683
for pari-mutuel wagering.
1684
6. Prearranging the outcome of any race or game.
1685
(b) Professional regulation.--Notwithstanding s.
1686
120.57(1)(a), formal hearings may not be conducted by the
1687
Secretary of Business and Professional Regulation or a board or
1688
member of a board within the Department of Business and
1689
Professional Regulation for matters relating to the regulation of
1690
professions, as defined by chapter 455.
1691
(18) DEPARTMENT OF GAMING CONTROL.--The Bureau of Pari-
1692
mutuel Wagering within the Division of Gambling Oversight is
1693
exempt from the hearing and notice requirements of ss. 120.569
1694
and 120.57(1)(a), but only for stewards, judges, and boards of
1695
judges when the hearing is to be held for the purpose of the
1696
imposition of fines or suspension as provided by rules of the
1697
Bureau of Pari-mutuel Wagering, but not for revocations, and only
1698
upon violations of paragraphs (a)-(f). The Bureau of Pari-mutuel
1699
Wagering shall adopt rules establishing alternative procedures,
1700
including a hearing upon reasonable notice, for the following
1701
violations:
1702
(a) Horse riding, harness riding, greyhound interference,
1703
and jai alai game actions in violation of chapter 550.
1704
(b) Application and usage of drugs and medication to
1705
horses, greyhounds, and jai alai players in violation of chapter
1706
550.
1707
(c) Maintaining or possessing any device that could be used
1708
for the injection or other infusion of a prohibited drug to
1709
horses, greyhounds, and jai alai players in violation of chapter
1710
550.
1711
(d) Suspensions under reciprocity agreements between the
1712
Bureau of Pari-mutuel Wagering and regulatory agencies of other
1713
states.
1714
(e) Assault or other crimes of violence on premises
1715
licensed for pari-mutuel wagering.
1716
(f) Prearranging the outcome of any race or game.
1717
Section 30. Paragraph (e) of subsection (8) of section
1718
213.053, Florida Statutes, is amended to read:
1719
213.053 Confidentiality and information sharing.--
1720
(8) Notwithstanding any other provision of this section,
1721
the department may provide:
1722
(e) Names, addresses, taxpayer identification numbers, and
1723
outstanding tax liabilities to the Division Department of the
1724
Lottery of the Department of Gaming Control and the Office of
1725
Financial Regulation of the Financial Services Commission in the
1726
conduct of their official duties.
1727
1728
Disclosure of information under this subsection shall be pursuant
1729
to a written agreement between the executive director and the
1730
agency. Such agencies, governmental or nongovernmental, shall be
1731
bound by the same requirements of confidentiality as the
1732
Department of Revenue. Breach of confidentiality is a misdemeanor
1733
of the first degree, punishable as provided by s. 775.082 or s.
1734
1735
Section 31. Paragraph (d) of subsection (4) of section
1736
215.20, Florida Statutes, is amended, and paragraph (y) is added
1737
to that subsection, to read:
1738
215.20 Certain income and certain trust funds to contribute
1739
to the General Revenue Fund.--
1740
(4) The income of a revenue nature deposited in the
1741
following described trust funds, by whatever name designated, is
1742
that from which the appropriations authorized by subsection (3)
1743
shall be made:
1744
(d) Within the Department of Business and Professional
1745
Regulation:
1746
1. The Administrative Trust Fund.
1747
2. The Alcoholic Beverage and Tobacco Trust Fund.
1748
3. The Cigarette Tax Collection Trust Fund.
1749
4. The Division of Florida Land Sales, Condominiums, and
1750
Mobile Homes Trust Fund.
1751
5. The Hotel and Restaurant Trust Fund, with the exception
1752
of those fees collected for the purpose of funding of the
1753
hospitality education program as stated in s. 509.302.
1754
6. The Professional Regulation Trust Fund.
1755
7. The trust funds administered by the Division of Pari-
1756
mutuel Wagering.
1757
(y) Within the Department of Gaming Control, the trust
1758
funds administered by the Bureau of Pari-mutuel Wagering within
1759
the Division of Gambling Oversight.
1760
1761
The enumeration of the foregoing moneys or trust funds shall not
1762
prohibit the applicability thereto of s. 215.24 should the
1763
Governor determine that for the reasons mentioned in s. 215.24
1764
the money or trust funds should be exempt herefrom, as it is the
1765
purpose of this law to exempt income from its force and effect
1766
when, by the operation of this law, federal matching funds or
1767
contributions or private grants to any trust fund would be lost
1768
to the state.
1769
Section 32. Paragraph (b) of subsection (1) of section
1770
215.22, Florida Statutes, is amended to read:
1771
215.22 Certain income and certain trust funds exempt.--
1772
(1) The following income of a revenue nature or the
1773
following trust funds shall be exempt from the appropriation
1774
required by s. 215.20(1):
1775
(b) Trust funds administered by the Division Department of
1776
the Lottery within the Department of Gaming Control.
1777
Section 33. Subsection (16) of section 215.422, Florida
1778
Statutes, is amended to read:
1779
215.422 Payments, warrants, and invoices; processing time
1780
limits; dispute resolution; agency or judicial branch
1781
compliance.--
1782
(16) Notwithstanding the provisions of s. 24.120(3),
1783
applicable to warrants issued for payment of invoices submitted
1784
by the Division Department of the Lottery within the Department
1785
of Gaming Control, the Chief Financial Officer may, by written
1786
agreement with the Division Department of the Lottery, establish
1787
a shorter time requirement than the 10 days provided in
1788
subsection (2) for warrants issued for payment. Pursuant to such
1789
written agreement, the Division Department of the Lottery within
1790
the Department of Gaming Control shall reimburse the Chief
1791
Financial Officer for costs associated with processing invoices
1792
under the agreement.
1793
Section 34. Subsection (10) of section 287.045, Florida
1794
Statutes, is amended to read:
1795
287.045 Procurement of products and materials with recycled
1796
content.--
1797
(10) An agency, or a vendor contracting with such agency
1798
with respect to work performed under contract, must procure
1799
products or materials with recycled content if the department
1800
determines that those products or materials are available
1801
pursuant to subsection (5). Notwithstanding any other provision
1802
to the contrary, for the purpose of this section, the term
1803
"agency" means any of the various state officers, departments,
1804
boards, commissions, divisions, bureaus, and councils and any
1805
other unit of organization, however designated, of the executive
1806
branch including the Department of Gaming Control the Lottery,
1807
the legislative branch, the judicial branch, the university and
1808
college boards of trustees, and the state universities and
1809
colleges. A decision not to procure such items must be based on
1810
the department's determination that such procurement is not
1811
reasonably available within an acceptable period of time or fails
1812
to meet the performance standards set forth in the applicable
1813
specifications or fails to meet the performance standards of the
1814
agency.
1815
Section 35. Subsections (6) and (7) of section 455.116,
1816
Florida Statutes, are amended to read:
1817
455.116 Regulation trust funds.--The following trust funds
1818
shall be placed in the department:
1819
(6) Pari-mutuel Wagering Trust Fund.
1820
(6)(7) Professional Regulation Trust Fund.
1821
Section 36. Subsections (6) and (7) of section 550.002,
1822
Florida Statutes, are amended, and subsections (40) and (41) are
1823
added to that section, to read:
1824
550.002 Definitions.--As used in this chapter, the term:
1825
(6) "Department" means the Department of Gaming Control
1826
Business and Professional Regulation.
1827
(7) "Division" means the Division of Gambling Oversight
1828
Pari-mutuel Wagering within the Department of Gaming Control
1829
Business and Professional Regulation.
1830
(40) "Bureau" means the Bureau of Pari-mutuel Wagering
1831
within the Division of Gambling Oversight of the Department of
1832
Gaming Control.
1833
(41) "Commission" means the Gaming Commission.
1834
Section 37. Section 550.0115, Florida Statutes, is amended
1835
to read:
1836
550.0115 Permitholder license.--After a permit has been
1837
issued by the bureau division, and after the permit has been
1838
approved by election, the bureau division shall issue to the
1839
permitholder an annual license to conduct pari-mutuel operations
1840
at the location specified in the permit pursuant to the
1841
provisions of this chapter.
1842
Section 38. Section 550.01215, Florida Statutes, is amended
1843
to read:
1844
550.01215 License application; periods of operation; bond,
1845
conversion of permit.--
1846
(1) Each permitholder shall annually, during the period
1847
between December 15 and January 4, file in writing with the
1848
bureau division its application for a license to conduct
1849
performances during the next state fiscal year. Each application
1850
shall specify the number, dates, and starting times of all
1851
performances which the permitholder intends to conduct. It shall
1852
also specify which performances will be conducted as charity or
1853
scholarship performances. In addition, each application for a
1854
license shall include, for each permitholder which elects to
1855
operate a cardroom, the dates and periods of operation the
1856
permitholder intends to operate the cardroom or, for each
1857
thoroughbred permitholder which elects to receive or rebroadcast
1858
out-of-state races after 7 p.m., the dates for all performances
1859
which the permitholder intends to conduct. Permitholders shall be
1860
entitled to amend their applications through February 28.
1861
(2) After the first license has been issued to a
1862
permitholder, all subsequent annual applications for a license
1863
shall be accompanied by proof, in such form as the bureau
1864
division may by rule require, that the permitholder continues to
1865
possess the qualifications prescribed by this chapter, and that
1866
the permit has not been disapproved at a later election.
1867
(3) Except as provided in s. 550.5251 for thoroughbred
1868
racing, the bureau division shall issue each license no later
1869
than March 15. Each permitholder shall operate all performances
1870
at the date and time specified on its license. The bureau may
1871
division shall have the authority to approve minor changes in
1872
racing dates after a license has been issued. The bureau division
1873
may approve changes in racing dates after a license has been
1874
issued when there is no objection from any operating permitholder
1875
located within 50 miles of the permitholder requesting the
1876
changes in operating dates. In the event of an objection, the
1877
bureau division shall approve or disapprove the change in
1878
operating dates based upon the impact on operating permitholders
1879
located within 50 miles of the permitholder requesting the change
1880
in operating dates. In making the determination to change racing
1881
dates, the bureau division shall take into consideration the
1882
impact of such changes on state revenues.
1883
(4) If In the event that a permitholder fails to operate
1884
all performances specified on its license at the date and time
1885
specified, the bureau division shall hold a hearing to determine
1886
whether to fine or suspend the permitholder's license, unless
1887
such failure was the direct result of fire, strike, war, or other
1888
disaster or event beyond the ability of the permitholder to
1889
control. Financial hardship to the permitholder does shall not,
1890
in and of itself, constitute just cause for failure to operate
1891
all performances on the dates and at the times specified.
1892
(5) If In the event that performances licensed to be
1893
operated by a permitholder are vacated, abandoned, or will not be
1894
used for any reason, any permitholder is shall be entitled,
1895
pursuant to rules adopted by the bureau division, to apply to
1896
conduct performances on the dates for which the performances have
1897
been abandoned. The bureau division shall issue an amended
1898
license for all such replacement performances that which have
1899
been requested in compliance with the provisions of this chapter
1900
and bureau division rules.
1901
(6) Any permit that which was converted from a jai alai
1902
permit to a greyhound permit may be converted to a jai alai
1903
permit at any time if the permitholder never conducted greyhound
1904
racing or if the permitholder has not conducted greyhound racing
1905
for a period of 12 consecutive months.
1906
Section 39. Section 550.0235, Florida Statutes, is amended
1907
to read:
1908
550.0235 Limitation of civil liability.--No permittee
1909
conducting a racing meet pursuant to the provisions of this
1910
chapter; no bureau chief, division director, or employee of the
1911
bureau division; and no steward, judge, or other person appointed
1912
to act pursuant to this chapter shall be held liable to any
1913
person, partnership, association, corporation, or other business
1914
entity for any cause whatsoever arising out of, or from, the
1915
performance by such permittee, bureau chief, director, employee,
1916
steward, judge, or other person of her or his duties and the
1917
exercise of her or his discretion with respect to the
1918
implementation and enforcement of the statutes and rules
1919
governing the conduct of pari-mutuel wagering, so long as she or
1920
he acted in good faith. This section does shall not limit
1921
liability in any situation in which the negligent maintenance of
1922
the premises or the negligent conduct of a race contributed to an
1923
accident; and does not nor shall it limit any contractual
1924
liability.
1925
Section 40. Section 550.0251, Florida Statutes, is amended
1926
to read:
1927
550.0251 The powers and duties of the Bureau Division of
1928
Pari-mutuel Wagering within the Division of Gambling Oversight of
1929
the Department of Gaming Control Business and Professional
1930
Regulation.--The bureau division shall administer this chapter
1931
and regulate the pari-mutuel industry under this chapter and the
1932
rules adopted pursuant thereto, and:
1933
(1) The bureau division shall make an annual report to the
1934
Governor showing its own actions, receipts derived under the
1935
provisions of this chapter, the practical effects of the
1936
application of this chapter, and any suggestions it may approve
1937
for the more effectual accomplishments of the purposes of this
1938
chapter.
1939
(2) The bureau division shall require an oath on
1940
application documents as required by rule, which oath must state
1941
that the information contained in the document is true and
1942
complete.
1943
(3) The bureau division shall adopt reasonable rules for
1944
the control, supervision, and direction of all applicants,
1945
permittees, and licensees and for the holding, conducting, and
1946
operating of all racetracks, race meets, and races held in this
1947
state. Such rules must be uniform in their application and
1948
effect, and the duty of exercising this control and power is made
1949
mandatory upon the bureau division.
1950
(4) The bureau division may take testimony concerning any
1951
matter within its jurisdiction and issue summons and subpoenas
1952
for any witness and subpoenas duces tecum in connection with any
1953
matter within the jurisdiction of the bureau division under its
1954
seal and signed by the director.
1955
(5) The bureau division may adopt rules establishing
1956
procedures for testing occupational licenseholders officiating at
1957
or participating in any race or game at any pari-mutuel facility
1958
under the jurisdiction of the bureau division for a controlled
1959
substance or alcohol and may prescribe procedural matters not in
1960
conflict with s. 120.80(4)(a).
1961
(6) In addition to the power to exclude certain persons
1962
from any pari-mutuel facility in this state, the bureau division
1963
may exclude any person from any and all pari-mutuel facilities in
1964
this state for conduct that would constitute, if the person were
1965
a licensee, a violation of this chapter or the rules of the
1966
bureau division. The bureau division may exclude from any pari-
1967
mutuel facility within this state any person who has been ejected
1968
from a pari-mutuel facility in this state or who has been
1969
excluded from any pari-mutuel facility in another state by the
1970
governmental department, agency, commission, or authority
1971
exercising regulatory jurisdiction over pari-mutuel facilities in
1972
such other state. The bureau division may authorize any person
1973
who has been ejected or excluded from pari-mutuel facilities in
1974
this state or another state to attend the pari-mutuel facilities
1975
in this state upon a finding that the attendance of such person
1976
at pari-mutuel facilities would not be adverse to the public
1977
interest or to the integrity of the sport or industry; however,
1978
this subsection does shall not be construed to abrogate the
1979
common-law right of a pari-mutuel permitholder to exclude
1980
absolutely a patron in this state.
1981
(7) The bureau division may oversee the making of, and
1982
distribution from, all pari-mutuel pools.
1983
(8) The bureau department may collect taxes and require
1984
compliance with reporting requirements for financial information
1985
as authorized by this chapter. In addition, the commission
1986
secretary of the department may require permitholders conducting
1987
pari-mutuel operations within the state to remit taxes, including
1988
fees, by electronic funds transfer if the taxes and fees amounted
1989
to $50,000 or more in the prior reporting year.
1990
(9) The bureau division may conduct investigations in
1991
enforcing this chapter, except that all information obtained
1992
pursuant to an investigation by the bureau division for an
1993
alleged violation of this chapter or rules of the bureau division
1994
is exempt from s. 119.07(1) and from s. 24(a), Art. I of the
1995
State Constitution until an administrative complaint is issued or
1996
the investigation is closed or ceases to be active. This
1997
subsection does not prohibit the bureau division from providing
1998
such information to any law enforcement agency or to any other
1999
regulatory agency. For the purposes of this subsection, an
2000
investigation is considered to be active while it is being
2001
conducted with reasonable dispatch and with a reasonable, good
2002
faith belief that it could lead to an administrative, civil, or
2003
criminal action by the division or another administrative or law
2004
enforcement agency. Except for active criminal intelligence or
2005
criminal investigative information, as defined in s. 119.011, and
2006
any other information that, if disclosed, would jeopardize the
2007
safety of an individual, all information, records, and
2008
transcriptions become public when the investigation is closed or
2009
ceases to be active.
2010
(10) The bureau division may impose an administrative fine
2011
for a violation under this chapter of not more than $1,000 for
2012
each count or separate offense, except as otherwise provided in
2013
this chapter, and may suspend or revoke a permit, a pari-mutuel
2014
license, or an occupational license for a violation under this
2015
chapter. All fines imposed and collected under this subsection
2016
must be deposited with the Chief Financial Officer to the credit
2017
of the General Revenue Fund.
2018
(11) The bureau division shall supervise and regulate the
2019
welfare of racing animals at pari-mutuel facilities.
2020
(12) The Bureau of Cardrooms within the Division of
2021
Gambling Oversight division shall have full authority and power
2022
to make, adopt, amend, or repeal rules relating to cardroom
2023
operations, to enforce and to carry out the provisions of s.
2024
849.086, and to regulate the authorized cardroom activities in
2025
the state.
2026
(13) The bureau may division shall have the authority to
2027
suspend a permitholder's permit or license, if such permitholder
2028
is operating a cardroom facility and such permitholder's cardroom
2029
license has been suspended or revoked pursuant to s. 849.086.
2030
Section 41. Subsections (1), (2), (4), (6), and (8) of
2031
section 550.0351, Florida Statutes, are amended to read:
2032
550.0351 Charity racing days.--
2033
(1) The bureau division shall, upon the request of a
2034
permitholder, authorize each horseracing permitholder, dogracing
2035
permitholder, and jai alai permitholder up to five charity or
2036
scholarship days in addition to the regular racing days
2037
authorized by law.
2038
(2) The proceeds of charity performances shall be paid to
2039
qualified beneficiaries selected by the permitholders from an
2040
authorized list of charities on file with the bureau division.
2041
Eligible charities include any charity that provides evidence of
2042
compliance with the provisions of chapter 496 and evidence of
2043
possession of a valid exemption from federal taxation issued by
2044
the Internal Revenue Service. In addition, the authorized list
2045
must include the Racing Scholarship Trust Fund, the Historical
2046
Resources Operating Trust Fund, major state and private
2047
institutions of higher learning, and Florida community colleges.
2048
(4) The total of all profits derived from the conduct of a
2049
charity day performance must include all revenues derived from
2050
the conduct of that racing performance, including all state taxes
2051
that would otherwise be due to the state, except that the daily
2052
license fee as provided in s. 550.0951(1) and the breaks for the
2053
promotional trust funds as provided in s. 550.2625(3), (4), (5),
2054
(7), and (8) shall be paid to the bureau division. All other
2055
revenues from the charity racing performance, including the
2056
commissions, breaks, and admissions and the revenues from
2057
parking, programs, and concessions, shall be included in the
2058
total of all profits.
2059
(6)(a) The bureau division shall authorize one additional
2060
scholarship day for horseracing in addition to the regular racing
2061
days authorized by law and any additional days authorized by this
2062
section, to be conducted at all horse racetracks located in
2063
Hillsborough County. The permitholder shall conduct a full
2064
schedule of racing on the scholarship day.
2065
(b) The funds derived from the operation of the additional
2066
scholarship day shall be allocated as provided in this section
2067
and paid to Pasco-Hernando Community College.
2068
(c) When a charity or scholarship performance is conducted
2069
as a matinee performance, the bureau division may authorize the
2070
permitholder to conduct the evening performances of that
2071
operation day as a regular performance in addition to the regular
2072
operating days authorized by law.
2073
(8) In addition to the eligible charities that meet the
2074
criteria set forth in this section, a jai alai permitholder is
2075
authorized to conduct two additional charity performances each
2076
fiscal year for a fund to benefit retired jai alai players. This
2077
performance shall be known as the "Retired Jai Alai Players
2078
Charity Day." The administration of this fund shall be determined
2079
by rule by the bureau division.
2080
Section 42. Section 550.054, Florida Statutes, is amended
2081
to read:
2082
550.054 Application for permit to conduct pari-mutuel
2083
wagering.--
2084
(1) Any person who possesses the qualifications prescribed
2085
in this chapter may apply to the bureau division for a permit to
2086
conduct pari-mutuel operations under this chapter. Applications
2087
for a pari-mutuel permit are exempt from the 90-day licensing
2088
requirement of s. 120.60. Within 120 days after receipt of a
2089
complete application, the bureau division shall grant or deny the
2090
permit. A completed application that is not acted upon within 120
2091
days after receipt is deemed approved, and the bureau division
2092
shall grant the permit.
2093
(2) Upon each application filed and approved, a permit
2094
shall be issued to the applicant setting forth the name of the
2095
permitholder, the location of the pari-mutuel facility, the type
2096
of pari-mutuel activity desired to be conducted, and a statement
2097
showing qualifications of the applicant to conduct pari-mutuel
2098
performances under this chapter; however, a permit is ineffectual
2099
to authorize any pari-mutuel performances until approved by a
2100
majority of the electors participating in a ratification election
2101
in the county in which the applicant proposes to conduct pari-
2102
mutuel wagering activities. In addition, an application may not
2103
be considered, nor may a permit be issued by the bureau division
2104
or be voted upon in any county, to conduct horseraces, harness
2105
horse races, or dograces at a location within 100 miles of an
2106
existing pari-mutuel facility, or for jai alai within 50 miles of
2107
an existing pari-mutuel facility; this distance shall be measured
2108
on a straight line from the nearest property line of one pari-
2109
mutuel facility to the nearest property line of the other
2110
facility.
2111
(3) The bureau division shall require that each applicant
2112
submit an application setting forth:
2113
(a) The full name of the applicant.
2114
(b) If a corporation, the name of the state in which
2115
incorporated and the names and addresses of the officers,
2116
directors, and shareholders holding 5 percent or more equity or,
2117
if a business entity other than a corporation, the names and
2118
addresses of the principals, partners, or shareholders holding 5
2119
percent or more equity.
2120
(c) The names and addresses of the ultimate equitable
2121
owners for a corporation or other business entity, if different
2122
from those provided under paragraph (b), unless the securities of
2123
the corporation or entity are registered pursuant to s. 12 of the
2124
Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and if
2125
such corporation or entity files with the United States
2126
Securities and Exchange Commission the reports required by s. 13
2127
of that act or if the securities of the corporation or entity are
2128
regularly traded on an established securities market in the
2129
United States.
2130
(d) The exact location where the applicant will conduct
2131
pari-mutuel performances.
2132
(e) Whether the pari-mutuel facility is owned or leased
2133
and, if leased, the name and residence of the fee owner or, if a
2134
corporation, the names and addresses of the directors and
2135
stockholders thereof. However, this chapter does not prevent a
2136
person from applying to the bureau division for a permit to
2137
conduct pari-mutuel operations, regardless of whether the pari-
2138
mutuel facility has been constructed or not, and having an
2139
election held in any county at the same time that elections are
2140
held for the ratification of any permit in that county.
2141
(f) A statement of the assets and liabilities of the
2142
applicant.
2143
(g) The names and addresses of any mortgagee of any pari-
2144
mutuel facility and any financial agreement between the parties.
2145
The bureau division may require the names and addresses of the
2146
officers and directors of the mortgagee, and of those
2147
stockholders who hold more than 10 percent of the stock of the
2148
mortgagee.
2149
(h) A business plan for the first year of operation.
2150
(i) For each individual listed in the application as an
2151
owner, partner, officer, or director, a complete set of
2152
fingerprints that has been taken by an authorized law enforcement
2153
officer. These sets of fingerprints must be submitted to the
2154
Federal Bureau of Investigation for processing. Applicants who
2155
are foreign nationals shall submit such documents as necessary to
2156
allow the bureau division to conduct criminal history records
2157
checks in the applicant's home country. The applicant must pay
2158
the cost of processing. The bureau division may charge a $2
2159
handling fee for each set of fingerprint records.
2160
(j) The type of pari-mutuel activity to be conducted and
2161
the desired period of operation.
2162
(k) Other information the bureau division requires.
2163
(4) The bureau division shall require each applicant to
2164
deposit with the board of county commissioners of the county in
2165
which the election is to be held, a sufficient sum, in currency
2166
or by check certified by a bank licensed to do business in the
2167
state to pay the expenses of holding the election provided in s.
2168
2169
(5) Upon receiving an application and any amendments
2170
properly made thereto, the bureau division shall further
2171
investigate the matters contained in the application. If the
2172
applicant meets all requirements, conditions, and qualifications
2173
set forth in this chapter and the rules of the bureau division,
2174
the bureau division shall grant the permit.
2175
(6) After initial approval of the permit and the source of
2176
financing, the terms and parties of any subsequent refinancing
2177
must be disclosed by the applicant or the permitholder to the
2178
bureau division.
2179
(7) If the bureau division refuses to grant the permit, the
2180
money deposited with the board of county commissioners for
2181
holding the election must be refunded to the applicant. If the
2182
bureau division grants the permit applied for, the board of
2183
county commissioners shall order an election in the county to
2184
decide whether the permit will be approved, as provided in s.
2185
2186
(8)(a) The bureau division may charge the applicant for
2187
reasonable, anticipated costs incurred by the bureau division in
2188
determining the eligibility of any person or entity specified in
2189
s. 550.1815(1)(a) to hold any pari-mutuel permit, against such
2190
person or entity.
2191
(b) The bureau division may, by rule, determine the manner
2192
of paying its anticipated costs associated with determination of
2193
eligibility and the procedure for filing applications for
2194
determination of eligibility.
2195
(c) The bureau division shall furnish to the applicant an
2196
itemized statement of actual costs incurred during the
2197
investigation to determine eligibility.
2198
(d) If unused funds remain at the conclusion of such
2199
investigation, they must be returned to the applicant within 60
2200
days after the determination of eligibility has been made.
2201
(e) If the actual costs of investigation exceed anticipated
2202
costs, the bureau division shall assess the applicant the amount
2203
necessary to recover all actual costs.
2204
(9)(a) After a permit has been granted by the bureau
2205
division and has been ratified and approved by the majority of
2206
the electors participating in the election in the county
2207
designated in the permit, the bureau division shall grant to the
2208
lawful permitholder, subject to the conditions of this chapter, a
2209
license to conduct pari-mutuel operations under this chapter,
2210
and, except as provided in s. 550.5251, the bureau division shall
2211
fix annually the time, place, and number of days during which
2212
pari-mutuel operations may be conducted by the permitholder at
2213
the location fixed in the permit and ratified in the election.
2214
After the first license has been issued to the holder of a
2215
ratified permit for racing in any county, all subsequent annual
2216
applications for a license by that permitholder must be
2217
accompanied by proof, in such form as the bureau division
2218
requires, that the ratified permitholder still possesses all the
2219
qualifications prescribed by this chapter and that the permit has
2220
not been recalled at a later election held in the county.
2221
(b) The bureau division may revoke or suspend any permit or
2222
license issued under this chapter upon the willful violation by
2223
the permitholder or licensee of any provision of this chapter or
2224
of any rule adopted under this chapter. In lieu of suspending or
2225
revoking a permit or license, the bureau division may impose a
2226
civil penalty against the permitholder or licensee for a
2227
violation of this chapter or any rule adopted by the bureau
2228
division. The penalty so imposed may not exceed $1,000 for each
2229
count or separate offense. All penalties imposed and collected
2230
must be deposited with the Chief Financial Officer to the credit
2231
of the General Revenue Fund.
2232
(10) If a permitholder has failed to complete construction
2233
of at least 50 percent of the facilities necessary to conduct
2234
pari-mutuel operations within 12 months after approval by the
2235
voters of the permit, the bureau division shall revoke the permit
2236
upon adequate notice to the permitholder. However, the bureau
2237
division, upon good cause shown by the permitholder, may grant
2238
one extension of up to 12 months.
2239
(11)(a) A permit granted under this chapter may not be
2240
transferred or assigned except upon written approval by the
2241
bureau division pursuant to s. 550.1815, except that the holder
2242
of any permit that has been converted to a jai alai permit may
2243
lease or build anywhere within the county in which its permit is
2244
located.
2245
(b) If a permit to conduct pari-mutuel wagering is held by
2246
a corporation or business entity other than an individual, the
2247
transfer of 10 percent or more of the stock or other evidence of
2248
ownership or equity in the permitholder may not be made without
2249
the prior approval of the transferee by the bureau division
2250
pursuant to s. 550.1815.
2251
(12) Changes in ownership or interest of a pari-mutuel
2252
permit of 5 percent or more of the stock or other evidence of
2253
ownership or equity in the permitholder shall be approved by the
2254
bureau division prior to such change, unless the owner is an
2255
existing owner of that permit who was previously approved by the
2256
bureau division. Changes in ownership or interest of a pari-
2257
mutuel permit of less than 5 percent shall be reported to the
2258
bureau division within 20 days of the change. The bureau division
2259
may then conduct an investigation to ensure that the permit is
2260
properly updated to show the change in ownership or interest.
2261
(13)(a) Notwithstanding any provisions of this chapter, a
2262
no thoroughbred horse racing permit or license issued under this
2263
chapter may not shall be transferred, or reissued when such
2264
reissuance is in the nature of a transfer so as to permit or
2265
authorize a licensee to change the location of a thoroughbred
2266
horse racetrack except upon proof in such form as the bureau
2267
division may prescribe that a referendum election has been held:
2268
1. If the proposed new location is within the same county
2269
as the already licensed location, in the county where the
2270
licensee desires to conduct the race meeting and that a majority
2271
of the electors voting on that question in such election voted in
2272
favor of the transfer of such license.
2273
2. If the proposed new location is not within the same
2274
county as the already licensed location, in the county where the
2275
licensee desires to conduct the race meeting and in the county
2276
where the licensee is already licensed to conduct the race
2277
meeting and that a majority of the electors voting on that
2278
question in each such election voted in favor of the transfer of
2279
such license.
2280
(b) Each referendum held under the provisions of this
2281
subsection shall be held in accordance with the electoral
2282
procedures for ratification of permits, as provided in s.
2283
550.0651. The expense of each such referendum shall be borne by
2284
the licensee requesting the transfer.
2285
Section 43. Subsections (1), (3), and (5) of section
2286
550.0651, Florida Statutes, are amended to read:
2287
550.0651 Elections for ratification of permits.--
2288
(1) The holder of any permit may have submitted to the
2289
electors of the county designated therein the question whether or
2290
not such permit will be ratified or rejected. Such questions
2291
shall be submitted to the electors for approval or rejection at a
2292
special election to be called for that purpose only. The board of
2293
county commissioners of the county designated, upon the
2294
presentation to such board at a regular or special meeting of a
2295
written application, accompanied by a certified copy of the
2296
permit granted by the bureau division, and asking for an election
2297
in the county in which the application was made, shall order a
2298
special election in the county for the particular purpose of
2299
deciding whether such permit shall be approved and license issued
2300
and race meetings permitted in such county by such permittee and
2301
shall cause the clerk of such board to give notice of the special
2302
election by publishing the same once each week for 2 consecutive
2303
weeks in one or more newspapers of general circulation in the
2304
county. Each permit covering each track must be voted upon
2305
separately and in separate elections, and an election may not be
2306
called more often than once every 2 years for the ratification of
2307
any permit covering the same track.
2308
(3) When a permit has been granted by the bureau division
2309
and no application to the board of county commissioners has been
2310
made by the permittee within 6 months after the granting of the
2311
permit, the permit becomes void. The bureau division shall cancel
2312
the permit without notice to the permitholder, and the board of
2313
county commissioners holding the deposit for the election shall
2314
refund the deposit to the permitholder upon being notified by the
2315
bureau division that the permit has become void and has been
2316
canceled.
2317
(5) If at any such special election the majority of the
2318
electors voting on the question of ratification or rejection of
2319
any permit vote against such ratification, such permit is void.
2320
If a majority of the electors voting on the question of
2321
ratification or rejection of any permit vote for such
2322
ratification, such permit becomes effectual and the holder
2323
thereof may conduct racing upon complying with the other
2324
provisions of this chapter. The board of county commissioners
2325
shall immediately certify the results of the election to the
2326
bureau division.
2327
Section 44. Subsections (1) and (4) of section 550.0745,
2328
Florida Statutes, are amended to read:
2329
550.0745 Conversion of pari-mutuel permit to summer jai
2330
alai permit.--
2331
(1) The owner or operator of a pari-mutuel permit who is
2332
authorized by the bureau division to conduct pari-mutuel pools on
2333
exhibition sports in any county having five or more such pari-
2334
mutuel permits and whose mutuel play from the operation of such
2335
pari-mutuel pools for the 2 consecutive years next prior to
2336
filing an application under this section has had the smallest
2337
play or total pool within the county may apply to the bureau
2338
division to convert its permit to a permit to conduct a summer
2339
jai alai fronton in such county during the summer season
2340
commencing on May 1 and ending on November 30 of each year on
2341
such dates as may be selected by such permittee for the same
2342
number of days and performances as are allowed and granted to
2343
winter jai alai frontons within such county. If a permittee who
2344
is eligible under this section to convert a permit declines to
2345
convert, a new permit is hereby made available in that
2346
permittee's county to conduct summer jai alai games as provided
2347
by this section, notwithstanding mileage and permit ratification
2348
requirements. If a permittee converts a quarter horse permit
2349
pursuant to this section, nothing in this section prohibits the
2350
permittee from obtaining another quarter horse permit. Such
2351
permittee shall pay the same taxes as are fixed and required to
2352
be paid from the pari-mutuel pools of winter jai alai permittees
2353
and is bound by all of the rules and provisions of this chapter
2354
which apply to the operation of winter jai alai frontons. Such
2355
permittee shall only be permitted to operate a jai alai fronton
2356
after its application has been submitted to the bureau division
2357
and its license has been issued pursuant to the application. The
2358
license is renewable from year to year as provided by law.
2359
(4) The provisions of this chapter which prohibit the
2360
location and operation of jai alai frontons within a specified
2361
distance from the location of another jai alai fronton or other
2362
permittee and which prohibit the bureau division from granting
2363
any permit at a location within a certain designated area do not
2364
apply to the provisions of this section and do not prevent the
2365
issuance of a license under this section.
2366
Section 45. Subsections (1) and (2), paragraph (c) of
2367
subsection (3), and subsections (5) and (6) of section 550.0951,
2368
Florida Statutes, are amended to read:
2369
550.0951 Payment of daily license fee and taxes;
2370
penalties.--
2371
(1)(a) DAILY LICENSE FEE.--Each person engaged in the
2372
business of conducting race meetings or jai alai games under this
2373
chapter, hereinafter referred to as the "permitholder,"
2374
"licensee," or "permittee," shall pay to the bureau division, for
2375
the use of the bureau division, a daily license fee on each live
2376
or simulcast pari-mutuel event of $100 for each horserace and $80
2377
for each dograce and $40 for each jai alai game conducted at a
2378
racetrack or fronton licensed under this chapter. In addition to
2379
the tax exemption specified in s. 550.09514(1) of $360,000 or
2380
$500,000 per greyhound permitholder per state fiscal year, each
2381
greyhound permitholder shall receive in the current state fiscal
2382
year a tax credit equal to the number of live greyhound races
2383
conducted in the previous state fiscal year times the daily
2384
license fee specified for each dograce in this subsection
2385
applicable for the previous state fiscal year. This tax credit
2386
and the exemption in s. 550.09514(1) shall be applicable to any
2387
tax imposed by this chapter or the daily license fees imposed by
2388
this chapter except during any charity or scholarship
2389
performances conducted pursuant to s. 550.0351. Each permitholder
2390
shall pay daily license fees not to exceed $500 per day on any
2391
simulcast races or games on which such permitholder accepts
2392
wagers regardless of the number of out-of-state events taken or
2393
the number of out-of-state locations from which such events are
2394
taken. This license fee shall be deposited with the Chief
2395
Financial Officer to the credit of the Pari-mutuel Wagering Trust
2396
Fund.
2397
(b) Each permitholder that cannot utilize the full amount
2398
of the exemption of $360,000 or $500,000 provided in s.
2399
550.09514(1) or the daily license fee credit provided in this
2400
section may, after notifying the bureau division in writing,
2401
elect once per state fiscal year on a form provided by the bureau
2402
division to transfer such exemption or credit or any portion
2403
thereof to any greyhound permitholder which acts as a host track
2404
to such permitholder for the purpose of intertrack wagering. Once
2405
an election to transfer such exemption or credit is filed with
2406
the bureau division, it shall not be rescinded. The bureau
2407
division shall disapprove the transfer when the amount of the
2408
exemption or credit or portion thereof is unavailable to the
2409
transferring permitholder or when the permitholder who is
2410
entitled to transfer the exemption or credit or who is entitled
2411
to receive the exemption or credit owes taxes to the state
2412
pursuant to a deficiency letter or administrative complaint
2413
issued by the bureau division. Upon approval of the transfer by
2414
the bureau division, the transferred tax exemption or credit
2415
shall be effective for the first performance of the next biweekly
2416
pay period as specified in subsection (5). The exemption or
2417
credit transferred to such host track may be applied by such host
2418
track against any taxes imposed by this chapter or daily license
2419
fees imposed by this chapter. The greyhound permitholder host
2420
track to which such exemption or credit is transferred shall
2421
reimburse such permitholder the exact monetary value of such
2422
transferred exemption or credit as actually applied against the
2423
taxes and daily license fees of the host track. The bureau
2424
division shall ensure that all transfers of exemption or credit
2425
are made in accordance with this subsection and shall have the
2426
authority to adopt rules to ensure the implementation of this
2427
section.
2428
(2) ADMISSION TAX.--
2429
(a) An admission tax equal to 15 percent of the admission
2430
charge for entrance to the permitholder's facility and grandstand
2431
area, or 10 cents, whichever is greater, is imposed on each
2432
person attending a horserace, dograce, or jai alai game. The
2433
permitholder shall be responsible for collecting the admission
2434
tax.
2435
(b) No Admission tax under this chapter or chapter 212 may
2436
not shall be imposed on any free passes or complimentary cards
2437
issued to persons for which there is no cost to the person for
2438
admission to pari-mutuel events.
2439
(c) A permitholder may issue tax-free passes to its
2440
officers, officials, and employees or other persons actually
2441
engaged in working at the racetrack, including accredited press
2442
representatives such as reporters and editors, and may also issue
2443
tax-free passes to other permitholders for the use of their
2444
officers and officials. The permitholder shall file with the
2445
bureau division a list of all persons to whom tax-free passes are
2446
issued under this paragraph.
2447
(3) TAX ON HANDLE.--Each permitholder shall pay a tax on
2448
contributions to pari-mutuel pools, the aggregate of which is
2449
hereinafter referred to as "handle," on races or games conducted
2450
by the permitholder. The tax is imposed daily and is based on the
2451
total contributions to all pari-mutuel pools conducted during the
2452
daily performance. If a permitholder conducts more than one
2453
performance daily, the tax is imposed on each performance
2454
separately.
2455
(c)1. The tax on handle for intertrack wagering is 2.0
2456
percent of the handle if the host track is a horse track, 3.3
2457
percent if the host track is a harness track, 5.5 percent if the
2458
host track is a dog track, and 7.1 percent if the host track is a
2459
jai alai fronton. The tax on handle for intertrack wagering is
2460
0.5 percent if the host track and the guest track are
2461
thoroughbred permitholders or if the guest track is located
2462
outside the market area of the host track and within the market
2463
area of a thoroughbred permitholder currently conducting a live
2464
race meet. The tax on handle for intertrack wagering on
2465
rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
2466
of the handle and 1.5 percent of the handle for intertrack
2467
wagering on rebroadcasts of simulcast harness horseraces. The tax
2468
shall be deposited into the Pari-mutuel Wagering Trust Fund.
2469
2. The tax on handle for intertrack wagers accepted by any
2470
dog track located in an area of the state in which there are only
2471
three permitholders, all of which are greyhound permitholders,
2472
located in three contiguous counties, from any greyhound
2473
permitholder also located within such area or any dog track or
2474
jai alai fronton located as specified in s. 550.615(6) or (9), on
2475
races or games received from the same class of permitholder
2476
located within the same market area is 3.9 percent if the host
2477
facility is a greyhound permitholder and, if the host facility is
2478
a jai alai permitholder, the rate shall be 6.1 percent except
2479
that it shall be 2.3 percent on handle at such time as the total
2480
tax on intertrack handle paid to the bureau division by the
2481
permitholder during the current state fiscal year exceeds the
2482
total tax on intertrack handle paid to the bureau division by the
2483
permitholder during the 1992-1993 state fiscal year.
2484
(5) PAYMENT AND DISPOSITION OF FEES AND TAXES.--Payment for
2485
the admission tax, tax on handle, and the breaks tax imposed by
2486
this section shall be paid to the bureau division. The bureau
2487
division shall deposit these sums with the Chief Financial
2488
Officer, to the credit of the Pari-mutuel Wagering Trust Fund,
2489
hereby established. The permitholder shall remit to the bureau
2490
division payment for the daily license fee, the admission tax,
2491
the tax on handle, and the breaks tax. Such payments shall be
2492
remitted by 3 p.m. Wednesday of each week for taxes imposed and
2493
collected for the preceding week ending on Sunday. Permitholders
2494
shall file a report under oath by the 5th day of each calendar
2495
month for all taxes remitted during the preceding calendar month.
2496
Such payments shall be accompanied by a report under oath showing
2497
the total of all admissions, the pari-mutuel wagering activities
2498
for the preceding calendar month, and such other information as
2499
may be prescribed by the bureau division.
2500
(6) PENALTIES.--
2501
(a) The failure of any permitholder to make payments as
2502
prescribed in subsection (5) is a violation of this section, and
2503
the permitholder may be subjected by the bureau division to a
2504
civil penalty of up to $1,000 for each day the tax payment is not
2505
remitted. All penalties imposed and collected shall be deposited
2506
in the General Revenue Fund. If a permitholder fails to pay
2507
penalties imposed by order of the bureau division under this
2508
subsection, the bureau division may suspend or revoke the license
2509
of the permitholder, cancel the permit of the permitholder, or
2510
deny issuance of any further license or permit to the
2511
permitholder.
2512
(b) In addition to the civil penalty prescribed in
2513
paragraph (a), any willful or wanton failure by any permitholder
2514
to make payments of the daily license fee, admission tax, tax on
2515
handle, or breaks tax constitutes sufficient grounds for the
2516
bureau division to suspend or revoke the license of the
2517
permitholder, to cancel the permit of the permitholder, or to
2518
deny issuance of any further license or permit to the
2519
permitholder.
2520
Section 46. Subsections (2) and (3) of section 550.09511,
2521
Florida Statutes, are amended to read:
2522
550.09511 Jai alai taxes; abandoned interest in a permit
2523
for nonpayment of taxes.--
2524
(2) Notwithstanding the provisions of s. 550.0951(3)(b),
2525
wagering on live jai alai performances shall be subject to the
2526
following taxes:
2527
(a)1. The tax on handle per performance for live jai alai
2528
performances is 4.25 percent of handle per performance. However,
2529
when the live handle of a permitholder during the preceding state
2530
fiscal year was less than $15 million, the tax shall be paid on
2531
the handle in excess of $30,000 per performance per day.
2532
2. The tax rate shall be applicable only until the
2533
requirements of paragraph (b) are met.
2534
(b) At such time as the total of admissions tax, daily
2535
license fee, and tax on handle for live jai alai performances
2536
paid to the bureau division by a permitholder during the current
2537
state fiscal year exceeds the total state tax revenues from
2538
wagering on live jai alai performances paid or due by the
2539
permitholder in fiscal year 1991-1992, the permitholder shall pay
2540
tax on handle for live jai alai performances at a rate of 2.55
2541
percent of the handle per performance for the remainder of the
2542
current state fiscal year. For purposes of this section, total
2543
state tax revenues on live jai alai wagering in fiscal year 1991-
2544
1992 shall include any admissions tax, tax on handle, surtaxes on
2545
handle, and daily license fees.
2546
(c) If no tax on handle for live jai alai performances was
2547
not were paid to the bureau division by a jai alai permitholder
2548
during the 1991-1992 state fiscal year, then at such time as the
2549
total of admissions tax, daily license fee, and tax on handle for
2550
live jai alai performances paid to the bureau division by a
2551
permitholder during the current state fiscal year exceeds the
2552
total state tax revenues from wagering on live jai alai
2553
performances paid or due by the permitholder in the last state
2554
fiscal year in which the permitholder conducted a full schedule
2555
of live games, the permitholder shall pay tax on handle for live
2556
jai alai performances at a rate of 3.3 percent of the handle per
2557
performance for the remainder of the current state fiscal year.
2558
For purposes of this section, total state tax revenues on live
2559
jai alai wagering shall include any admissions tax, tax on
2560
handle, surtaxes on handle, and daily license fees. This
2561
paragraph shall take effect July 1, 1993.
2562
(d) A permitholder who obtains a new permit issued by the
2563
bureau division subsequent to the 1991-1992 state fiscal year and
2564
a permitholder whose permit has been converted to a jai alai
2565
permit under the provisions of this chapter, shall, at such time
2566
as the total of admissions tax, daily license fee, and tax on
2567
handle for live jai alai performances paid to the bureau division
2568
by the permitholder during the current state fiscal year exceeds
2569
the average total state tax revenues from wagering on live jai
2570
alai performances for the first 3 consecutive jai alai seasons
2571
paid to or due the bureau division by the permitholder and during
2572
which the permitholder conducted a full schedule of live games,
2573
pay tax on handle for live jai alai performances at a rate of 3.3
2574
percent of the handle per performance for the remainder of the
2575
current state fiscal year.
2576
(e) The payment of taxes pursuant to paragraphs (b), (c),
2577
and (d) shall be calculated and commence beginning the day after
2578
the biweekly period in which the permitholder is first entitled
2579
to the reduced rate specified in this section and the report of
2580
taxes required by s. 550.0951(5) is submitted to the bureau
2581
division.
2582
(f) A jai alai permitholder paying taxes under this section
2583
shall retain the breaks and pay an amount equal to the breaks as
2584
special prize awards which shall be in addition to the regular
2585
contracted prize money paid to jai alai players at the
2586
permitholder's facility. Payment of the special prize money shall
2587
be made during the permitholder's current meet.
2588
(g) For purposes of this section, "handle" has shall have
2589
the same meaning as in s. 550.0951, and does shall not include
2590
handle from intertrack wagering.
2591
(3)(a) Notwithstanding the provisions of subsection (2) and
2592
s. 550.0951(3)(c)1., any jai alai permitholder which is
2593
restricted under Florida law from operating live performances on
2594
a year-round basis is entitled to conduct wagering on live
2595
performances at a tax rate of 3.85 percent of live handle. Such
2596
permitholder is also entitled to conduct intertrack wagering as a
2597
host permitholder on live jai alai games at its fronton at a tax
2598
rate of 3.3 percent of handle at such time as the total tax on
2599
intertrack handle paid to the bureau division by the permitholder
2600
during the current state fiscal year exceeds the total tax on
2601
intertrack handle paid to the bureau division by the permitholder
2602
during the 1992-1993 state fiscal year.
2603
(b) The payment of taxes pursuant to paragraph (a) shall be
2604
calculated and commence beginning the day after the biweekly
2605
period in which the permitholder is first entitled to the reduced
2606
rate specified in this subsection.
2607
Section 47. Paragraph (b) of subsection (3) of section
2608
550.09512, Florida Statutes, is amended to read:
2609
550.09512 Harness horse taxes; abandoned interest in a
2610
permit for nonpayment of taxes.--
2611
(3)
2612
(b) In order to maximize the tax revenues to the state, the
2613
bureau division shall reissue an escheated harness horse permit
2614
to a qualified applicant pursuant to the provisions of this
2615
chapter as for the issuance of an initial permit. However, the
2616
provisions of this chapter relating to referendum requirements
2617
for a pari-mutuel permit do shall not apply to the reissuance of
2618
an escheated harness horse permit. As specified in the
2619
application and upon approval by the bureau division of an
2620
application for the permit, the new permitholder shall be
2621
authorized to operate a harness horse facility anywhere in the
2622
same county in which the escheated permit was authorized to be
2623
operated, notwithstanding the provisions of s. 550.054(2)
2624
relating to mileage limitations.
2625
Section 48. Subsection (2) of section 550.09514, Florida
2626
Statutes, is amended to read:
2627
550.09514 Greyhound dogracing taxes; purse requirements.--
2628
(2)(a) The bureau division shall determine for each
2629
greyhound permitholder the annual purse percentage rate of live
2630
handle for the state fiscal year 1993-1994 by dividing total
2631
purses paid on live handle by the permitholder, exclusive of
2632
payments made from outside sources, during the 1993-1994 state
2633
fiscal year by the permitholder's live handle for the 1993-1994
2634
state fiscal year. Each permitholder shall pay as purses for live
2635
races conducted during its current race meet a percentage of its
2636
live handle not less than the percentage determined under this
2637
paragraph, exclusive of payments made by outside sources, for its
2638
1993-1994 state fiscal year.
2639
(b) Except as otherwise set forth herein, in addition to
2640
the minimum purse percentage required by paragraph (a), each
2641
permitholder shall pay as purses an annual amount equal to 75
2642
percent of the daily license fees paid by each permitholder for
2643
the 1994-1995 fiscal year. This purse supplement shall be
2644
disbursed weekly during the permitholder's race meet in an amount
2645
determined by dividing the annual purse supplement by the number
2646
of performances approved for the permitholder pursuant to its
2647
annual license and multiplying that amount by the number of
2648
performances conducted each week. For the greyhound permitholders
2649
in the county where there are two greyhound permitholders located
2650
as specified in s. 550.615(6), such permitholders shall pay in
2651
the aggregate an amount equal to 75 percent of the daily license
2652
fees paid by such permitholders for the 1994-1995 fiscal year.
2653
These permitholders shall be jointly and severally liable for
2654
such purse payments. The additional purses provided by this
2655
paragraph must be used exclusively for purses other than stakes.
2656
The bureau division shall conduct audits necessary to ensure
2657
compliance with this section.
2658
(c)1. Each greyhound permitholder when conducting at least
2659
three live performances during any week shall pay purses in that
2660
week on wagers it accepts as a guest track on intertrack and
2661
simulcast greyhound races at the same rate as it pays on live
2662
races. Each greyhound permitholder when conducting at least three
2663
live performances during any week shall pay purses in that week,
2664
at the same rate as it pays on live races, on wagers accepted on
2665
greyhound races at a guest track which is not conducting live
2666
racing and is located within the same market area as the
2667
greyhound permitholder conducting at least three live
2668
performances during any week.
2669
2. Each host greyhound permitholder shall pay purses on its
2670
simulcast and intertrack broadcasts of greyhound races to guest
2671
facilities that are located outside its market area in an amount
2672
equal to one quarter of an amount determined by subtracting the
2673
transmission costs of sending the simulcast or intertrack
2674
broadcasts from an amount determined by adding the fees received
2675
for greyhound simulcast races plus 3 percent of the greyhound
2676
intertrack handle at guest facilities that are located outside
2677
the market area of the host and that paid contractual fees to the
2678
host for such broadcasts of greyhound races.
2679
(d) The bureau division shall require sufficient
2680
documentation from each greyhound permitholder regarding purses
2681
paid on live racing to assure that the annual purse percentage
2682
rates paid by each permitholder on the live races are not reduced
2683
below those paid during the 1993-1994 state fiscal year. The
2684
bureau division shall require sufficient documentation from each
2685
greyhound permitholder to assure that the purses paid by each
2686
permitholder on the greyhound intertrack and simulcast broadcasts
2687
are in compliance with the requirements of paragraph (c).
2688
(e) In addition to the purse requirements of paragraphs
2689
(a)-(c), each greyhound permitholder shall pay as purses an
2690
amount equal to one-third of the amount of the tax reduction on
2691
live and simulcast handle applicable to such permitholder as a
2692
result of the reductions in tax rates provided by this act
2693
through the amendments to s. 550.0951(3). With respect to
2694
intertrack wagering when the host and guest tracks are greyhound
2695
permitholders not within the same market area, an amount equal to
2696
the tax reduction applicable to the guest track handle as a
2697
result of the reduction in tax rate provided by this act through
2698
the amendment to s. 550.0951(3) shall be distributed to the guest
2699
track, one-third of which amount shall be paid as purses at the
2700
guest track. However, if the guest track is a greyhound
2701
permitholder within the market area of the host or if the guest
2702
track is not a greyhound permitholder, an amount equal to such
2703
tax reduction applicable to the guest track handle shall be
2704
retained by the host track, one-third of which amount shall be
2705
paid as purses at the host track. These purse funds shall be
2706
disbursed in the week received if the permitholder conducts at
2707
least one live performance during that week. If the permitholder
2708
does not conduct at least one live performance during the week in
2709
which the purse funds are received, the purse funds shall be
2710
disbursed weekly during the permitholder's next race meet in an
2711
amount determined by dividing the purse amount by the number of
2712
performances approved for the permitholder pursuant to its annual
2713
license, and multiplying that amount by the number of
2714
performances conducted each week. The bureau division shall
2715
conduct audits necessary to ensure compliance with this
2716
paragraph.
2717
(f) Each greyhound permitholder shall, during the
2718
permitholder's race meet, supply kennel operators and the Bureau
2719
Division of Pari-Mutuel Wagering with a weekly report showing
2720
purses paid on live greyhound races and all greyhound intertrack
2721
and simulcast broadcasts, including both as a guest and a host
2722
together with the handle or commission calculations on which such
2723
purses were paid and the transmission costs of sending the
2724
simulcast or intertrack broadcasts, so that the kennel operators
2725
may determine statutory and contractual compliance.
2726
(g) Each greyhound permitholder shall make direct payment
2727
of purses to the greyhound owners who have filed with such
2728
permitholder appropriate federal taxpayer identification
2729
information based on the percentage amount agreed upon between
2730
the kennel operator and the greyhound owner.
2731
(h) At the request of a majority of kennel operators under
2732
contract with a greyhound permitholder, the permitholder shall
2733
make deductions from purses paid to each kennel operator electing
2734
such deduction and shall make a direct payment of such deductions
2735
to the local association of greyhound kennel operators formed by
2736
a majority of kennel operators under contract with the
2737
permitholder. The amount of the deduction shall be at least 1
2738
percent of purses, as determined by the local association of
2739
greyhound kennel operators. No deductions may be taken pursuant
2740
to this paragraph without a kennel operator's specific approval
2741
before or after the effective date of this act.
2742
Section 49. Paragraph (b) of subsection (3) of section
2743
550.09515, Florida Statutes, is amended to read:
2744
550.09515 Thoroughbred horse taxes; abandoned interest in a
2745
permit for nonpayment of taxes.--
2746
(3)
2747
(b) In order to maximize the tax revenues to the state, the
2748
bureau division shall reissue an escheated thoroughbred horse
2749
permit to a qualified applicant pursuant to the provisions of
2750
this chapter as for the issuance of an initial permit. However,
2751
the provisions of this chapter relating to referendum
2752
requirements for a pari-mutuel permit do shall not apply to the
2753
reissuance of an escheated thoroughbred horse permit. As
2754
specified in the application and upon approval by the bureau
2755
division of an application for the permit, the new permitholder
2756
shall be authorized to operate a thoroughbred horse facility
2757
anywhere in the same county in which the escheated permit was
2758
authorized to be operated, notwithstanding the provisions of s.
2759
550.054(2) relating to mileage limitations.
2760
Section 50. Subsection (1), paragraph (b) of subsection
2761
(2), and subsections (5), (6), (7), (8), and (10) of section
2762
550.105, Florida Statutes, are amended to read:
2763
550.105 Occupational licenses of racetrack employees; fees;
2764
denial, suspension, and revocation of license; penalties and
2765
fines.--
2766
(1) Each person connected with a racetrack or jai alai
2767
fronton, as specified in paragraph (2)(a), shall purchase from
2768
the bureau division an annual occupational license, which license
2769
is valid from May 1 until June 30 of the following year. All
2770
moneys collected pursuant to this section each fiscal year shall
2771
be deposited into the Pari-mutuel Wagering Trust Fund. Any person
2772
may, at her or his option and pursuant to the rules adopted by
2773
the bureau division, purchase an occupational license valid for a
2774
period of 3 years if the purchaser of the license pays the full
2775
occupational license fee for each of the years for which the
2776
license is purchased at the time the 3-year license is requested.
2777
The occupational license shall be valid during its specified term
2778
at any pari-mutuel facility.
2779
(2)
2780
(b) The bureau division shall adopt rules pertaining to
2781
pari-mutuel occupational licenses.
2782
(5)(a) The bureau division may:
2783
1. Deny a license to or revoke, suspend, or place
2784
conditions upon or restrictions on a license of any person who
2785
has been refused a license by any other state racing commission
2786
or racing authority;
2787
2. Deny, suspend, or place conditions on a license of any
2788
person who is under suspension or has unpaid fines in another
2789
jurisdiction;
2790
2791
if the state racing commission or racing authority of such other
2792
state or jurisdiction extends to the bureau division reciprocal
2793
courtesy to maintain the disciplinary control.
2794
(b) The bureau division may deny, suspend, revoke, or
2795
declare ineligible any occupational license if the applicant for
2796
or holder thereof has violated the provisions of this chapter or
2797
the rules of the bureau division governing the conduct of persons
2798
connected with racetracks and frontons. In addition, the bureau
2799
division may deny, suspend, revoke, or declare ineligible any
2800
occupational license if the applicant for such license has been
2801
convicted in this state, in any other state, or under the laws of
2802
the United States of a capital felony, a felony, or an offense in
2803
any other state which would be a felony under the laws of this
2804
state involving arson; trafficking in, conspiracy to traffic in,
2805
smuggling, importing, conspiracy to smuggle or import, or
2806
delivery, sale, or distribution of a controlled substance; or a
2807
crime involving a lack of good moral character, or has had a
2808
pari-mutuel license revoked by this state or any other
2809
jurisdiction for an offense related to pari-mutuel wagering.
2810
(c) The bureau division may deny, declare ineligible, or
2811
revoke any occupational license if the applicant for such license
2812
has been convicted of a felony or misdemeanor in this state, in
2813
any other state, or under the laws of the United States, if such
2814
felony or misdemeanor is related to gambling or bookmaking, as
2815
contemplated in s. 849.25, or involves cruelty to animals. If the
2816
applicant establishes that she or he is of good moral character,
2817
that she or he has been rehabilitated, and that the crime she or
2818
he was convicted of is not related to pari-mutuel wagering and is
2819
not a capital offense, the restrictions excluding offenders may
2820
be waived by the director of the bureau division.
2821
(d) If an occupational license will expire by bureau
2822
division rule during the period of a suspension the bureau
2823
division intends to impose, or if a license would have expired
2824
but for pending administrative charges and the occupational
2825
licensee is found to be in violation of any of the charges, the
2826
license may be revoked and a time period of license ineligibility
2827
may be declared. The bureau division may bring administrative
2828
charges against any person not holding a current license for
2829
violations of statutes or rules which occurred while such person
2830
held an occupational license, and the bureau division may declare
2831
such person ineligible to hold a license for a period of time.
2832
The bureau division may impose a civil fine of up to $1,000 for
2833
each violation of the rules of the bureau division in addition to
2834
or in lieu of any other penalty provided for in this section. In
2835
addition to any other penalty provided by law, the bureau
2836
division may exclude from all pari-mutuel facilities in this
2837
state, for a period not to exceed the period of suspension,
2838
revocation, or ineligibility, any person whose occupational
2839
license application has been denied by the bureau division, who
2840
has been declared ineligible to hold an occupational license, or
2841
whose occupational license has been suspended or revoked by the
2842
bureau division.
2843
(e) The bureau division may cancel any occupational license
2844
that has been voluntarily relinquished by the licensee.
2845
(6) In order to promote the orderly presentation of pari-
2846
mutuel meets authorized in this chapter, the bureau division may
2847
issue a temporary occupational license. The bureau division shall
2848
adopt rules to implement this subsection. However, no temporary
2849
occupational license shall be valid for more than 30 days, and no
2850
more than one temporary license may be issued for any person in
2851
any year.
2852
(7) The bureau division may deny, revoke, or suspend any
2853
occupational license if the applicant therefor or holder thereof
2854
accumulates unpaid obligations or defaults in obligations, or
2855
issues drafts or checks that are dishonored or for which payment
2856
is refused without reasonable cause, if such unpaid obligations,
2857
defaults, or dishonored or refused drafts or checks directly
2858
relate to the sport of jai alai or racing being conducted at a
2859
pari-mutuel facility within this state.
2860
(8) The bureau division may fine, or suspend or revoke, or
2861
place conditions upon, the license of any licensee who under oath
2862
knowingly provides false information regarding an investigation
2863
by the bureau division.
2864
(10) Upon application for an occupational license, the
2865
bureau division may require the applicant's full legal name; any
2866
nickname, alias, or maiden name for the applicant; name of the
2867
applicant's spouse; the applicant's date of birth, residence
2868
address, mailing address, residence address and business phone
2869
number, and social security number; disclosure of any felony or
2870
any conviction involving bookmaking, illegal gambling, or cruelty
2871
to animals; disclosure of any past or present enforcement or
2872
actions by any racing or gaming agency against the applicant; and
2873
any information the bureau division determines is necessary to
2874
establish the identity of the applicant or to establish that the
2875
applicant is of good moral character. Fingerprints shall be taken
2876
in a manner approved by the bureau division and then shall be
2877
submitted to the Federal Bureau of Investigation, or to the
2878
association of state officials regulating pari-mutuel wagering
2879
pursuant to the Federal Pari-mutuel Licensing Simplification Act
2880
of 1988. The cost of processing fingerprints shall be borne by
2881
the applicant and paid to the association of state officials
2882
regulating pari-mutuel wagering from the trust fund to which the
2883
processing fees are deposited. The bureau division shall require
2884
each applicant for an occupational license to have the
2885
applicant's signature witnessed and notarized or signed in the
2886
presence of a division official. The bureau division, by rule,
2887
may require additional information from licensees which is
2888
reasonably necessary to regulate the industry. The bureau
2889
division may, by rule, exempt certain occupations or groups of
2890
persons from the fingerprinting requirements.
2891
Section 51. Subsection (1) of section 550.1155, Florida
2892
Statutes, is amended to read:
2893
550.1155 Authority of stewards, judges, panel of judges, or
2894
player's manager to impose penalties against occupational
2895
licensees; disposition of funds collected.--
2896
(1) The stewards at a horse racetrack; the judges at a dog
2897
track; or the judges, a panel of judges, or a player's manager at
2898
a jai alai fronton may impose a civil penalty against any
2899
occupational licensee for violation of the pari-mutuel laws or
2900
any rule adopted by the bureau division. The penalty may not
2901
exceed $1,000 for each count or separate offense or exceed 60
2902
days of suspension for each count or separate offense.
2903
Section 52. Subsections (2) and (3) of section 550.125,
2904
Florida Statutes, are amended to read:
2905
550.125 Uniform reporting system; bond requirement.--
2906
(2)(a) Each permitholder that conducts race meetings or jai
2907
alai exhibitions under this chapter shall keep records that
2908
clearly show the total number of admissions and the total amount
2909
of money contributed to each pari-mutuel pool on each race or
2910
exhibition separately and the amount of money received daily from
2911
admission fees and, within 120 days after the end of its fiscal
2912
year, shall submit to the bureau division a complete annual
2913
report of its accounts, audited by a certified public accountant
2914
licensed to practice in the state.
2915
(b) The bureau division shall adopt rules specifying the
2916
form and content of such reports, including, but not limited to,
2917
requirements for a statement of assets and liabilities, operating
2918
revenues and expenses, and net worth, which statement must be
2919
audited by a certified public accountant licensed to practice in
2920
this state, and any supporting informational schedule found
2921
necessary by the bureau division to verify the foregoing
2922
financial statement, which informational schedule must be
2923
attested to under oath by the permitholder or an officer of
2924
record, to permit the bureau division to:
2925
1. Assess the profitability and financial soundness of
2926
permitholders, both individually and as an industry;
2927
2. Plan and recommend measures necessary to preserve and
2928
protect the pari-mutuel revenues of the state; and
2929
3. Completely identify the holdings, transactions, and
2930
investments of permitholders with other business entities.
2931
(c) The Auditor General and the Office of Program Policy
2932
Analysis and Government Accountability may, pursuant to their own
2933
authority or at the direction of the Legislative Auditing
2934
Committee, audit, examine, and check the books and records of any
2935
permitholder. These audit reports shall become part of, and be
2936
maintained in, the bureau division files.
2937
(d) The bureau division shall annually review the books and
2938
records of each permitholder and verify that the breaks and
2939
unclaimed ticket payments made by each permitholder are true and
2940
correct.
2941
(3)(a) Each permitholder to which a license is granted
2942
under this chapter, at its own cost and expense, must, before the
2943
license is delivered, give a bond in the penal sum of $50,000
2944
payable to the Governor of the state and her or his successors in
2945
office, with a surety or sureties to be approved by the bureau
2946
division and the Chief Financial Officer, conditioned to
2947
faithfully make the payments to the Chief Financial Officer in
2948
her or his capacity as treasurer of the bureau division; to keep
2949
its books and records and make reports as provided; and to
2950
conduct its racing in conformity with this chapter. When the
2951
greatest amount of tax owed during any month in the prior state
2952
fiscal year, in which a full schedule of live racing was
2953
conducted, is less than $50,000, the bureau division may assess a
2954
bond in a sum less than $50,000. The bureau division may review
2955
the bond for adequacy and require adjustments each fiscal year.
2956
The bureau may division has the authority to adopt rules to
2957
implement this paragraph and establish guidelines for such bonds.
2958
(b) The provisions of this chapter concerning bonding do
2959
not apply to nonwagering licenses issued pursuant to s. 550.505.
2960
Section 53. Subsections (1) and (3) of section 550.135,
2961
Florida Statutes, are amended to read:
2962
550.135 Division of moneys derived under this law.--All
2963
moneys that are deposited with the Chief Financial Officer to the
2964
credit of the Pari-mutuel Wagering Trust Fund shall be
2965
distributed as follows:
2966
(1) The daily license fee revenues collected pursuant to s.
2967
550.0951(1) shall be used to fund the operating cost of the
2968
bureau division and to provide a proportionate share of the
2969
operation of the commission, the office of the bureau chief, the
2970
office of the division director, secretary and the Division of
2971
Gambling Oversight Administration of the Department of Business
2972
and Professional Regulation; however, other collections in the
2973
Pari-mutuel Wagering Trust Fund may also be used to fund the
2974
operation of the division in accordance with authorized
2975
appropriations.
2976
(3) The slot machine license fee, the slot machine
2977
occupational license fee, and the compulsive or addictive
2978
gambling prevention program fee collected pursuant to ss.
2980
direct and indirect operating expenses of the Bureau of Slot
2981
Machines and the Bureau of Compulsive Gambling division's slot
2982
machine regulation operations and to provide funding for relevant
2983
enforcement activities in accordance with authorized
2984
appropriations. Funds deposited into the Pari-mutuel Wagering
2986
shall be reserved in the trust fund for slot machine regulation
2987
operations within the Bureau of Slot Machines. On June 30, any
2988
unappropriated funds in excess of those necessary for incurred
2989
obligations and subsequent year cash flow for slot machine
2990
regulation operations shall be deposited with the Chief Financial
2991
Officer to the credit of the General Revenue Fund.
2992
Section 54. Subsection (1) of section 550.155, Florida
2993
Statutes, is amended to read:
2994
550.155 Pari-mutuel pool within track enclosure; takeouts;
2995
breaks; penalty for purchasing part of a pari-mutuel pool for or
2996
through another in specified circumstances.--
2997
(1) Wagering on the results of a horserace, dograce, or on
2998
the scores or points of a jai alai game and the sale of tickets
2999
or other evidences showing an interest in or a contribution to a
3000
pari-mutuel pool are allowed within the enclosure of any pari-
3001
mutuel facility licensed and conducted under this chapter but are
3002
not allowed elsewhere in this state, must be supervised by the
3003
bureau division, and are subject to such reasonable rules that
3004
the bureau division prescribes.
3005
Section 55. Subsection (2) and paragraph (a) of subsection
3006
(3) of section 550.1648, Florida Statutes, are amended to read:
3007
550.1648 Greyhound adoptions.--
3008
(2) In addition to the charity days authorized under s.
3009
550.0351, a greyhound permitholder may fund the greyhound
3010
adoption program by holding a charity racing day designated as
3011
"Greyhound Adopt-A-Pet Day." All profits derived from the
3012
operation of the charity day must be placed into a fund used to
3013
support activities at the racing facility which promote the
3014
adoption of greyhounds. The bureau division may adopt rules for
3015
administering the fund. Proceeds from the charity day authorized
3016
in this subsection may not be used as a source of funds for the
3017
purposes set forth in s. 550.1647.
3018
(3)(a) Upon a violation of this section by a permitholder
3019
or licensee, the bureau division may impose a penalty as provided
3020
in s. 550.0251(10) and require the permitholder to take
3021
corrective action.
3022
Section 56. Section 550.175, Florida Statutes, is amended
3023
to read:
3024
550.175 Petition for election to revoke permit.--Upon
3025
petition of 20 percent of the qualified electors of any county
3026
wherein any racing has been licensed and conducted under this
3027
chapter, the county commissioners of such county shall provide
3028
for the submission to the electors of such county at the then
3029
next succeeding general election the question of whether any
3030
permit or permits theretofore granted shall be continued or
3031
revoked, and if a majority of the electors voting on such
3032
question in such election vote to cancel or recall the permit
3033
theretofore given, the bureau division may not thereafter grant
3034
any license on the permit so recalled. Every signature upon every
3035
recall petition must be signed in the presence of the clerk of
3036
the board of county commissioners at the office of the clerk of
3037
the circuit court of the county, and the petitioner must present
3038
at the time of such signing her or his registration receipt
3039
showing the petitioner's qualification as an elector of the
3040
county at the time of the signing of the petition. Not more than
3041
one permit may be included in any one petition; and, in all
3042
elections in which the recall of more than one permit is voted
3043
on, the voters shall be given an opportunity to vote for or
3044
against the recall of each permit separately. Nothing in This
3045
chapter does not shall be construed to prevent the holding of
3046
later referendum or recall elections.
3047
Section 57. Subsections (1), (3), and (5) of section
3048
550.1815, Florida Statutes, are amended to read:
3049
550.1815 Certain persons prohibited from holding racing or
3050
jai alai permits; suspension and revocation.--
3051
(1) A corporation, general or limited partnership, sole
3052
proprietorship, business trust, joint venture, or unincorporated
3053
association, or other business entity may not hold any
3054
horseracing or dogracing permit or jai alai fronton permit in
3055
this state if any one of the persons or entities specified in
3056
paragraph (a) has been determined by the bureau division not to
3057
be of good moral character or has been convicted of any offense
3058
specified in paragraph (b).
3059
(a)1. The permitholder;
3060
2. An employee of the permitholder;
3061
3. The sole proprietor of the permitholder;
3062
4. A corporate officer or director of the permitholder;
3063
5. A general partner of the permitholder;
3064
6. A trustee of the permitholder;
3065
7. A member of an unincorporated association permitholder;
3066
8. A joint venturer of the permitholder;
3067
9. The owner of more than 5 percent of any equity interest
3068
in the permitholder, whether as a common shareholder, general or
3069
limited partner, voting trustee, or trust beneficiary; or
3070
10. An owner of any interest in the permit or permitholder,
3071
including any immediate family member of the owner, or holder of
3072
any debt, mortgage, contract, or concession from the
3073
permitholder, who by virtue thereof is able to control the
3074
business of the permitholder.
3075
(b)1. A felony in this state;
3076
2. Any felony in any other state which would be a felony if
3077
committed in this state under the laws of this state;
3078
3. Any felony under the laws of the United States;
3079
4. A felony under the laws of another state if related to
3080
gambling which would be a felony under the laws of this state if
3081
committed in this state; or
3082
5. Bookmaking as defined in s. 849.25.
3083
(3) After notice and hearing, the bureau division shall
3084
refuse to issue or renew or shall suspend, as appropriate, any
3085
permit found in violation of subsection (1). The order shall
3086
become effective 120 days after service of the order upon the
3087
permitholder and shall be amended to constitute a final order of
3088
revocation unless the permitholder has, within that period of
3089
time, either caused the divestiture, or agreed with the convicted
3090
person upon a complete immediate divestiture, of her or his
3091
holding, or has petitioned the circuit court as provided in
3092
subsection (4) or, in the case of corporate officers or directors
3093
of the holder or employees of the holder, has terminated the
3094
relationship between the permitholder and those persons
3095
mentioned. The bureau division may, by order, extend the 120-day
3096
period for divestiture, upon good cause shown, to avoid
3097
interruption of any jai alai or race meeting or to otherwise
3098
effectuate this section. If no action has been taken by the
3099
permitholder within the 120-day period following the issuance of
3100
the order of suspension, the bureau division shall, without
3101
further notice or hearing, enter a final order of revocation of
3102
the permit. When any permitholder or sole proprietor of a
3103
permitholder is convicted of an offense specified in paragraph
3104
(1)(b), the bureau department may approve a transfer of the
3105
permit to a qualified applicant, upon a finding that revocation
3106
of the permit would impair the state's revenue from the operation
3107
of the permit or otherwise be detrimental to the interests of the
3108
state in the regulation of the industry of pari-mutuel wagering.
3109
In such approval, a no public referendum is not required,
3110
notwithstanding any other provision of law. A petition for
3111
transfer after conviction must be filed with the bureau
3112
department within 30 days after service upon the permitholder of
3113
the final order of revocation. The timely filing of such a
3114
petition automatically stays any revocation order until further
3115
order of the bureau department.
3116
(5) The bureau division shall make such rules for the
3117
photographing, fingerprinting, and obtaining of personal data of
3118
individuals described in paragraph (1)(a) and the obtaining of
3119
such data regarding the business entities described in paragraph
3120
(1)(a) as is necessary to effectuate the provisions of this
3121
section.
3122
Section 58. Section 550.24055, Florida Statutes, is amended
3123
to read:
3124
550.24055 Use of controlled substances or alcohol
3125
prohibited; testing of certain occupational licensees; penalty;
3126
evidence of test or action taken and admissibility for criminal
3127
prosecution limited.--
3128
(1) The use of a controlled substance as defined in chapter
3129
893 or of alcohol by any occupational licensees officiating at or
3130
participating in a race or jai alai game is prohibited.
3131
(2) The occupational licensees, by applying for and holding
3132
such licenses, are deemed to have given their consents to submit
3133
to an approved chemical test of their breath for the purpose of
3134
determining the alcoholic content of their blood and to a urine
3135
or blood test for the purpose of detecting the presence of
3136
controlled substances. Such tests shall only be conducted upon
3137
reasonable cause that a violation has occurred as shall be
3138
determined solely by the stewards at a horseracing meeting or the
3139
judges or board of judges at a dogtrack or jai alai meet. The
3140
failure to submit to such test may result in a suspension of the
3141
person's occupational license for a period of 10 days or until
3142
this section has been complied with, whichever is longer.
3143
(a) If there was at the time of the test 0.05 percent or
3144
less by weight of alcohol in the person's blood, the person is
3145
presumed not to have been under the influence of alcoholic
3146
beverages to the extent that the person's normal faculties were
3147
impaired, and no action of any sort may be taken by the stewards,
3148
judges, or board of judges or the bureau division.
3149
(b) If there was at the time of the test an excess of 0.05
3150
percent but less than 0.08 percent by weight of alcohol in the
3151
person's blood, that fact does not give rise to any presumption
3152
that the person was or was not under the influence of alcoholic
3153
beverages to the extent that the person's faculties were
3154
impaired, but the stewards, judges, or board of judges may
3155
consider that fact in determining whether or not the person will
3156
be allowed to officiate or participate in any given race or jai
3157
alai game.
3158
(c) If there was at the time of the test 0.08 percent or
3159
more by weight of alcohol in the person's blood, that fact is
3160
prima facie evidence that the person was under the influence of
3161
alcoholic beverages to the extent that the person's normal
3162
faculties were impaired, and the stewards or judges may take
3163
action as set forth in this section, but the person may not
3164
officiate at or participate in any race or jai alai game on the
3165
day of such test.
3166
3167
All tests relating to alcohol must be performed in a manner
3168
substantially similar, or identical, to the provisions of s.
3169
316.1934 and rules adopted pursuant to that section. Following a
3170
test of the urine or blood to determine the presence of a
3171
controlled substance as defined in chapter 893, if a controlled
3172
substance is found to exist, the stewards, judges, or board of
3173
judges may take such action as is permitted in this section.
3174
(3) A violation of subsection (2) is subject to the
3175
following penalties:
3176
(a) For the first violation, the stewards, judges, or board
3177
of judges may suspend a licensee for up to 10 days or in the
3178
alternative may impose a civil fine of up to $500 in lieu of a
3179
suspension.
3180
(b) For a second violation within 1 year after the first
3181
violation the stewards, judges, or board of judges may suspend a
3182
licensee for up to 30 days and in addition to or in lieu of
3183
suspension may impose a civil fine of up to $2,000.
3184
3185
In lieu of or in addition to the foregoing penalties, the
3186
stewards, judges, or board of judges may require the licensee to
3187
participate in a drug or alcohol rehabilitation program and to be
3188
retested.
3189
(c) If the second violation occurred within 1 year after
3190
the first violation, then upon the finding of a third violation
3191
of this section within 1 year after the second violation, the
3192
stewards, judges, or board of judges may suspend the licensee for
3193
up to 120 days; and the stewards, judges, or board of judges
3194
shall forward the results of the tests under paragraphs (a) and
3195
(b) and this violation to the bureau division. In addition to the
3196
action taken by the stewards, judges, or board of judges, the
3197
bureau division, after a hearing, may deny, suspend, or revoke
3198
the occupational license of the licensee and may impose a civil
3199
penalty of up to $5,000 in addition to, or in lieu of, a
3200
suspension or revocation, it being the intent of the Legislature
3201
that the bureau division shall have no authority over the
3202
enforcement of this section until a licensee has committed the
3203
third violation within 2 years after the first violation.
3204
(4) Section 120.80(18) applies The provisions of s.
3205
120.80(4)(a) apply to all actions taken by the stewards, judges,
3206
or board of judges pursuant to this section without regard to the
3207
limitation contained therein.
3208
(5) This section does not apply to the possession and use
3209
of controlled or chemical substances that are prescribed as part
3210
of the care and treatment of a disease or injury by a
3211
practitioner licensed under chapter 458, chapter 459, part I of
3212
chapter 464, or chapter 466.
3213
(6) Evidence of any test or actions taken by the stewards,
3214
judges, or board of judges or the bureau division under this
3215
section is inadmissible for any purpose in any court for criminal
3216
prosecution, it being the intent of the Legislature to provide a
3217
method and means by which the health, safety, and welfare of
3218
those officiating at or participating in a race meet or a jai
3219
alai game are sufficiently protected. However, this subsection
3220
does not prohibit any person so authorized from pursuing an
3221
independent investigation as a result of a ruling made by the
3222
stewards, judges, or board of judges, or the bureau division.
3223
Section 59. Section 550.2415, Florida Statutes, is amended
3224
to read:
3225
550.2415 Racing of animals under certain conditions
3226
prohibited; penalties; exceptions.--
3227
(1)(a) The racing of an animal with any drug, medication,
3228
stimulant, depressant, hypnotic, narcotic, local anesthetic, or
3229
drug-masking agent is prohibited. It is a violation of this
3230
section for a person to administer or cause to be administered
3231
any drug, medication, stimulant, depressant, hypnotic, narcotic,
3232
local anesthetic, or drug-masking agent to an animal which will
3233
result in a positive test for such substance based on samples
3234
taken from the animal immediately prior to or immediately after
3235
the racing of that animal. Test results and the identities of the
3236
animals being tested and of their trainers and owners of record
3237
are confidential and exempt from s. 119.07(1) and from s. 24(a),
3238
Art. I of the State Constitution for 10 days after testing of all
3239
samples collected on a particular day has been completed and any
3240
positive test results derived from such samples have been
3241
reported to the director of the bureau division or administrative
3242
action has been commenced.
3243
(b) It is a violation of this section for a race-day
3244
specimen to contain a level of a naturally occurring substance
3245
which exceeds normal physiological concentrations. The bureau
3246
division may adopt rules that specify normal physiological
3247
concentrations of naturally occurring substances in the natural
3248
untreated animal and rules that specify acceptable levels of
3249
environmental contaminants and trace levels of substances in test
3250
samples.
3251
(c) The finding of a prohibited substance in a race-day
3252
specimen constitutes prima facie evidence that the substance was
3253
administered and was carried in the body of the animal while
3254
participating in the race.
3255
(2) Administrative action may be taken by the bureau
3256
division against an occupational licensee responsible pursuant to
3257
rule of the bureau division for the condition of an animal that
3258
has been impermissibly medicated or drugged in violation of this
3259
section.
3260
(3)(a) Upon the finding of a violation of this section, the
3261
bureau division may revoke or suspend the license or permit of
3262
the violator or deny a license or permit to the violator; impose
3263
a fine against the violator in an amount not exceeding $5,000;
3264
require the full or partial return of the purse, sweepstakes, and
3265
trophy of the race at issue; or impose against the violator any
3266
combination of such penalties. The finding of a violation of this
3267
section in no way prohibits a prosecution for criminal acts
3268
committed.
3269
(b) The bureau division, notwithstanding the provisions of
3270
chapter 120, may summarily suspend the license of an occupational
3271
licensee responsible under this section or bureau division rule
3272
for the condition of a race animal if the bureau division
3273
laboratory reports the presence of an impermissible substance in
3274
the animal or its blood, urine, saliva, or any other bodily
3275
fluid, either before a race in which the animal is entered or
3276
after a race the animal has run.
3277
(c) If an occupational licensee is summarily suspended
3278
under this section, the bureau division shall offer the licensee
3279
a prompt postsuspension hearing within 72 hours, at which the
3280
bureau division shall produce the laboratory report and
3281
documentation which, on its face, establishes the responsibility
3282
of the occupational licensee. Upon production of the
3283
documentation, the occupational licensee has the burden of
3284
proving his or her lack of responsibility.
3285
(d) Any proceeding for administrative action against a
3286
licensee or permittee, other than a proceeding under paragraph
3287
(c), shall be conducted in compliance with chapter 120.
3288
(4) A prosecution pursuant to this section for a violation
3289
of this section must be commenced within 2 years after the
3290
violation was committed. Service of an administrative complaint
3291
marks the commencement of administrative action.
3292
(5) The bureau division shall implement a split-sample
3293
procedure for testing animals under this section.
3294
(a) Upon finding a positive drug test result, the
3295
department shall notify the owner or trainer of the results. The
3296
owner may request that each urine and blood sample be split into
3297
a primary sample and a secondary (split) sample. Such splitting
3298
must be accomplished in the laboratory under rules approved by
3299
the bureau division. Custody of both samples must remain with the
3300
bureau division. However, upon request by the affected trainer or
3301
owner of the animal from which the sample was obtained, the
3302
bureau division shall send the split sample to an approved
3303
independent laboratory for analysis. The bureau division shall
3304
establish standards and rules for uniform enforcement and shall
3305
maintain a list of at least five approved independent
3306
laboratories for an owner or trainer to select from in the event
3307
of a positive test sample.
3308
(b) If the state laboratory's findings are not confirmed by
3309
the independent laboratory, no further administrative or
3310
disciplinary action under this section may be pursued. The bureau
3311
division may adopt rules identifying substances that diminish in
3312
a blood or urine sample due to passage of time and that must be
3313
taken into account in applying this section.
3314
(c) If the independent laboratory confirms the state
3315
laboratory's positive result, or if there is an insufficient
3316
quantity of the secondary (split) sample for confirmation of the
3317
state laboratory's positive result, the bureau division may
3318
commence administrative proceedings as prescribed in this chapter
3319
and consistent with chapter 120. For purposes of this subsection,
3320
the department shall in good faith attempt to obtain a sufficient
3321
quantity of the test fluid to allow both a primary test and a
3322
secondary test to be made.
3323
(6)(a) It is the intent of the Legislature that animals
3324
that participate in races in this state on which pari-mutuel
3325
wagering is conducted and animals that are bred and trained in
3326
this state for racing be treated humanely, both on and off
3327
racetracks, throughout the lives of the animals.
3328
(b) The bureau division shall, by rule, establish the
3329
procedures for euthanizing greyhounds. However, a greyhound may
3330
not be put to death by any means other than by lethal injection
3331
of the drug sodium pentobarbital. A greyhound may not be removed
3332
from this state for the purpose of being destroyed.
3333
(c) It is a violation of this chapter for an occupational
3334
licensee to train a greyhound using live or dead animals. A
3335
greyhound may not be taken from this state for the purpose of
3336
being trained through the use of live or dead animals.
3337
(d) A conviction of cruelty to animals pursuant to s.
3338
828.12 involving a racing animal constitutes a violation of this
3339
chapter.
3340
(7) All moneys recovered for violations of this section
3341
shall be kept in a separate fund to be deposited into the Pari-
3342
mutuel Wagering Trust Fund and shall be used for research
3343
relating to the medication of racing animals. Such recovered
3344
moneys shall be supervised and used by the bureau division to
3345
contract with a reputable college or school of veterinary
3346
medicine or its designee in accordance with this subsection.
3347
(8) Under no circumstances may any medication be
3348
administered closer than 24 hours prior to the officially
3349
scheduled post time of a race except as provided for in this
3350
section.
3351
(a) The bureau division shall adopt rules setting
3352
conditions for the use of furosemide to treat exercise-induced
3353
pulmonary hemorrhage.
3354
(b) The bureau division shall adopt rules setting
3355
conditions for the use of prednisolone sodium succinate, but
3356
under no circumstances may furosemide or prednisolone sodium
3357
succinate be administered closer than 4 hours prior to the
3358
officially scheduled post time for the race.
3359
(c) The bureau division shall adopt rules setting
3360
conditions for the use of phenylbutazone and synthetic
3361
corticosteroids; in no case, except as provided in paragraph (b),
3362
shall these substances be given closer than 24 hours prior to the
3363
officially scheduled post time of a race. Oral corticosteroids
3364
are prohibited except when prescribed by a licensed veterinarian
3365
and reported to the bureau division on forms prescribed by the
3366
bureau division.
3367
(d) Nothing in This section does not shall be interpreted
3368
to prohibit the use of vitamins, minerals, or naturally occurring
3369
substances so long as none exceeds the normal physiological
3370
concentration in a race day specimen.
3371
(e) The bureau division may, by rule, establish acceptable
3372
levels of permitted medications and shall select the appropriate
3373
biological specimens by which the administration of permitted
3374
medication is monitored.
3375
(9)(a) Under no circumstances may any medication be
3376
administered within 24 hours before the officially scheduled post
3377
time of the race except as provided in this section.
3378
(b) As an exception to this section, if the bureau division
3379
first determines that the use of furosemide, phenylbutazone, or
3380
prednisolone sodium succinate in horses is in the best interest
3381
of racing, the bureau division may adopt rules allowing such use.
3382
Any rules allowing the use of furosemide, phenylbutazone, or
3383
prednisolone sodium succinate in racing must set the conditions
3384
for such use. Under no circumstances may a rule be adopted which
3385
allows the administration of furosemide or prednisolone sodium
3386
succinate within 4 hours before the officially scheduled post
3387
time for the race. Under no circumstances may a rule be adopted
3388
which allows the administration of phenylbutazone or any other
3389
synthetic corticosteroid within 24 hours before the officially
3390
scheduled post time for the race. Any administration of synthetic
3391
corticosteroids is limited to parenteral routes. Oral
3392
administration of synthetic corticosteroids is expressly
3393
prohibited. If this paragraph is unconstitutional, it is
3394
severable from the remainder of this section.
3395
(c) The bureau division shall, by rule, establish
3396
acceptable levels of permitted medications and shall select the
3397
appropriate biological specimen by which the administration of
3398
permitted medications is monitored.
3399
(10)(a) The bureau division may conduct a postmortem
3400
examination of any animal that is injured at a permitted
3401
racetrack while in training or in competition and that
3402
subsequently expires or is destroyed. The bureau division may
3403
conduct a postmortem examination of any animal that expires while
3404
housed at a permitted racetrack, association compound, or
3405
licensed kennel or farm. Trainers and owners shall be requested
3406
to comply with this paragraph as a condition of licensure.
3407
(b) The bureau division may take possession of the animal
3408
upon death for postmortem examination. The bureau division may
3409
submit blood, urine, other bodily fluid specimens, or other
3410
tissue specimens collected during a postmortem examination for
3411
testing by the bureau division laboratory or its designee. Upon
3412
completion of the postmortem examination, the carcass must be
3413
returned to the owner or disposed of at the owner's option.
3414
(11) The presence of a prohibited substance in an animal,
3415
found by the bureau division laboratory in a bodily fluid
3416
specimen collected during the postmortem examination of the
3417
animal, which breaks down during a race constitutes a violation
3418
of this section.
3419
(12) The cost of postmortem examinations, testing, and
3420
disposal must be borne by the bureau division.
3421
(13) The bureau division shall adopt rules to implement
3422
this section. The rules may include a classification system for
3423
prohibited substances and a corresponding penalty schedule for
3424
violations.
3425
(14) Except as specifically modified by statute or by rules
3426
of the bureau division, the Uniform Classification Guidelines for
3427
Foreign Substances, revised February 14, 1995, as promulgated by
3428
the Association of Racing Commissioners International, Inc., is
3429
hereby adopted by reference as the uniform classification system
3430
for class IV and V medications.
3431
(15) The bureau division shall utilize only the thin layer
3432
chromatography (TLC) screening process to test for the presence
3433
of class IV and V medications in samples taken from racehorses
3434
except when thresholds of a class IV or class V medication have
3435
been established and are enforced by rule. Once a sample has been
3436
identified as suspicious for a class IV or class V medication by
3437
the TLC screening process, the sample will be sent for
3438
confirmation by and through additional testing methods. All other
3439
medications not classified by rule as a class IV or class V agent
3440
shall be subject to all forms of testing available to the bureau
3441
division.
3442
(16) The bureau division shall implement by rule medication
3443
levels finalized by the University of Florida developed pursuant
3444
to the Pharmacokinetic and Clearance Study Agreement by and
3445
between the Bureau of Florida Department of Business and
3446
Professional Regulation division of Pari-mutuel Wagering within
3447
the Division of Gambling Oversight of the Department of Gaming
3448
Control and the University of Florida College of Veterinary
3449
Medicine. Research on a drug level is finalized when the
3450
University of Florida College of Veterinary Medicine provides
3451
written notification to the bureau division that it has completed
3452
its research on a particular drug pursuant to the agreement and
3453
when the College of Veterinary Medicine provides a final report
3454
of its findings, conclusions, and recommendations to the bureau
3455
division.
3456
(17) The testing medium for phenylbutazone in horses shall
3457
be serum, and the bureau division may collect up to six full 15-
3458
milliliter blood tubes for each horse being sampled.
3459
Section 60. Subsection (4) of section 550.2614, Florida
3460
Statutes, is amended to read:
3461
550.2614 Distribution of certain funds to a horsemen's
3462
association.--
3463
(4) The bureau division shall adopt rules to facilitate the
3464
orderly transfer of funds in accordance with this section. The
3465
bureau division shall also monitor the membership rolls of the
3466
horsemen's association to ensure that complete, accurate, and
3467
timely listings are maintained for the purposes specified in this
3468
section.
3469
Section 61. Subsection (3) of section 550.26165, Florida
3470
Statutes, is amended to read:
3471
550.26165 Breeders' awards.--
3472
(3) Breeders' associations shall submit their plans to the
3473
bureau division at least 60 days before the beginning of the
3474
payment year. The payment year may be a calendar year or any 12-
3475
month period, but once established, the yearly base may not be
3476
changed except for compelling reasons. Once a plan is approved,
3477
the bureau division may not allow the plan to be amended during
3478
the year, except for the most compelling reasons.
3479
Section 62. Paragraphs (b) and (d) of subsection (2), and
3480
subsections (3), (4), (5), (7), and (8) of section 550.2625,
3481
Florida Statutes, are amended to read:
3482
550.2625 Horseracing; minimum purse requirement, Florida
3483
breeders' and owners' awards.--
3484
(2) Each permitholder conducting a horserace meet is
3485
required to pay from the takeout withheld on pari-mutuel pools a
3486
sum for purses in accordance with the type of race performed.
3487
(b)1. A permitholder conducting a harness horse race meet
3488
under this chapter must pay to the purse pool from the takeout
3489
withheld a purse requirement that totals an amount not less than
3490
8.25 percent of all contributions to pari-mutuel pools conducted
3491
during the race meet. An amount not less than 7.75 percent of the
3492
total handle shall be paid from this purse pool as purses.
3493
2. An amount not to exceed 0.5 percent of the total handle
3494
on all harness horse races that are subject to the purse
3495
requirement of subparagraph 1., must be available for use to
3496
provide medical, dental, surgical, life, funeral, or disability
3497
insurance benefits for occupational licensees who work at tracks
3498
in this state at which harness horse races are conducted. Such
3499
insurance benefits must be paid from the purse pool specified in
3500
subparagraph 1. An annual plan for payment of insurance benefits
3501
from the purse pool, including qualifications for eligibility,
3502
must be submitted by the Florida Standardbred Breeders and Owners
3503
Association for approval to the bureau division. An annual report
3504
of the implemented plan shall be submitted to the bureau
3505
division. All records of the Florida Standardbred Breeders and
3506
Owners Association concerning the administration of the plan must
3507
be available for audit at the discretion of the bureau division
3508
to determine that the plan has been implemented and administered
3509
as authorized. If the bureau division finds that the Florida
3510
Standardbred Breeders and Owners Association has not complied
3511
with the provisions of this section, the bureau division may
3512
order the association to cease and desist from administering the
3513
plan and shall appoint the bureau division as temporary
3514
administrator of the plan until the bureau division reestablishes
3515
administration of the plan with the association.
3516
(d) The bureau division shall adopt reasonable rules to
3517
ensure the timely and accurate payment of all amounts withheld by
3518
horserace permitholders regarding the distribution of purses,
3519
owners' awards, and other amounts collected for payment to owners
3520
and breeders. Each permitholder that fails to pay out all moneys
3521
collected for payment to owners and breeders shall, within 10
3522
days after the end of the meet during which the permitholder
3523
underpaid purses, deposit an amount equal to the underpayment
3524
into a separate interest-bearing account to be distributed to
3525
owners and breeders in accordance with bureau division rules.
3526
(3) Each horseracing permitholder conducting any
3527
thoroughbred race under this chapter, including any intertrack
3529
simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
3530
to 0.955 percent on all pari-mutuel pools conducted during any
3531
such race for the payment of breeders', stallion, or special
3532
racing awards as authorized in this chapter. This subsection also
3533
applies to all Breeder's Cup races conducted outside this state
3534
taken pursuant to s. 550.3551(3). On any race originating live in
3535
this state which is broadcast out-of-state to any location at
3536
which wagers are accepted pursuant to s. 550.3551(2), the host
3537
track is required to pay 3.475 percent of the gross revenue
3538
derived from such out-of-state broadcasts as breeders', stallion,
3539
or special racing awards. The Florida Thoroughbred Breeders'
3540
Association may is authorized to receive these payments from the
3541
permitholders and make payments of awards earned. The Florida
3542
Thoroughbred Breeders' Association has the right to withhold up
3543
to 10 percent of the permitholder's payments under this section
3544
as a fee for administering the payments of awards and for general
3545
promotion of the industry. The permitholder shall remit these
3546
payments to the Florida Thoroughbred Breeders' Association by the
3547
5th day of each calendar month for such sums accruing during the
3548
preceding calendar month and shall report such payments to the
3549
bureau division as prescribed by the bureau division. With the
3550
exception of the 10-percent fee, the moneys paid by the
3551
permitholders shall be maintained in a separate, interest-bearing
3552
account, and such payments together with any interest earned
3553
shall be used exclusively for the payment of breeders', stallion,
3554
or special racing awards in accordance with the following
3555
provisions:
3556
(a) The breeder of each Florida-bred thoroughbred horse
3557
winning a thoroughbred horse race is entitled to an award of up
3558
to, but not exceeding, 20 percent of the announced gross purse,
3559
including nomination fees, eligibility fees, starting fees,
3560
supplementary fees, and moneys added by the sponsor of the race.
3561
(b) The owner or owners of the sire of a Florida-bred
3562
thoroughbred horse that wins a stakes race is entitled to a
3563
stallion award of up to, but not exceeding, 20 percent of the
3564
announced gross purse, including nomination fees, eligibility
3565
fees, starting fees, supplementary fees, and moneys added by the
3566
sponsor of the race.
3567
(c) The owners of thoroughbred horses participating in
3568
thoroughbred stakes races, nonstakes races, or both may receive a
3569
special racing award in accordance with the agreement established
3570
pursuant to s. 550.26165(1).
3571
(d) In order for a breeder of a Florida-bred thoroughbred
3572
horse to be eligible to receive a breeder's award, the horse must
3573
have been registered as a Florida-bred horse with the Florida
3574
Thoroughbred Breeders' Association, and the Jockey Club
3575
certificate for the horse must show that it has been duly
3576
registered as a Florida-bred horse as evidenced by the seal and
3577
proper serial number of the Florida Thoroughbred Breeders'
3578
Association registry. The Florida Thoroughbred Breeders'
3579
Association shall be permitted to charge the registrant a
3580
reasonable fee for this verification and registration.
3581
(e) In order for an owner of the sire of a thoroughbred
3582
horse winning a stakes race to be eligible to receive a stallion
3583
award, the stallion must have been registered with the Florida
3584
Thoroughbred Breeders' Association, and the breeding of the
3585
registered Florida-bred horse must have occurred in this state.
3586
The stallion must be standing permanently in this state during
3587
the period of time between February 1 and June 15 of each year
3588
or, if the stallion is dead, must have stood permanently in this
3589
state for a period of not less than 1 year immediately prior to
3590
its death. The removal of a stallion from this state during the
3591
period of time between February 1 and June 15 of any year for any
3592
reason, other than exclusively for prescribed medical treatment,
3593
as approved by the Florida Thoroughbred Breeders' Association,
3594
renders the owner or owners of the stallion ineligible to receive
3595
a stallion award under any circumstances for offspring sired
3596
prior to removal; however, if a removed stallion is returned to
3597
this state, all offspring sired subsequent to the return make the
3598
owner or owners of the stallion eligible for the stallion award
3599
but only for those offspring sired subsequent to such return to
3600
this state. The Florida Thoroughbred Breeders' Association shall
3601
maintain complete records showing the date the stallion arrived
3602
in this state for the first time, whether or not the stallion
3603
remained in the state permanently, the location of the stallion,
3604
and whether the stallion is still standing in this state and
3605
complete records showing awards earned, received, and
3606
distributed. The association may charge the owner, owners, or
3607
breeder a reasonable fee for this service.
3608
(f) A permitholder conducting a thoroughbred horse race
3609
under the provisions of this chapter shall, within 30 days after
3610
the end of the race meet during which the race is conducted,
3611
certify to the Florida Thoroughbred Breeders' Association such
3612
information relating to the thoroughbred horses winning a stakes
3613
or other horserace at the meet as may be required to determine
3614
the eligibility for payment of breeders', stallion, and special
3615
racing awards.
3616
(g) The Florida Thoroughbred Breeders' Association shall
3617
maintain complete records showing the starters and winners in all
3618
races conducted at thoroughbred tracks in this state; shall
3619
maintain complete records showing awards earned, received, and
3620
distributed; and may charge the owner, owners, or breeder a
3621
reasonable fee for this service.
3622
(h) The Florida Thoroughbred Breeders' Association shall
3623
annually establish a uniform rate and procedure for the payment
3624
of breeders' and stallion awards and shall make breeders' and
3625
stallion award payments in strict compliance with the established
3626
uniform rate and procedure plan. The plan may set a cap on
3627
winnings and may limit, exclude, or defer payments to certain
3628
classes of races, such as the Florida stallion stakes races, in
3629
order to assure that there are adequate revenues to meet the
3630
proposed uniform rate. Such plan must include proposals for the
3631
general promotion of the industry. Priority shall be placed upon
3632
imposing such restrictions in lieu of allowing the uniform rate
3633
to be less than 15 percent of the total purse payment. The
3634
uniform rate and procedure plan must be approved by the bureau
3635
division before implementation. In the absence of an approved
3636
plan and procedure, the authorized rate for breeders' and
3637
stallion awards is 15 percent of the announced gross purse for
3638
each race. Such purse must include nomination fees, eligibility
3639
fees, starting fees, supplementary fees, and moneys added by the
3640
sponsor of the race. If the funds in the account for payment of
3641
breeders' and stallion awards are not sufficient to meet all
3642
earned breeders' and stallion awards, those breeders and stallion
3643
owners not receiving payments have first call on any subsequent
3644
receipts in that or any subsequent year.
3645
(i) The Florida Thoroughbred Breeders' Association shall
3646
keep accurate records showing receipts and disbursements of such
3647
payments and shall annually file a full and complete report to
3648
the bureau division showing such receipts and disbursements and
3649
the sums withheld for administration. The bureau division may
3650
audit the records and accounts of the Florida Thoroughbred
3651
Breeders' Association to determine that payments have been made
3652
to eligible breeders and stallion owners in accordance with this
3653
section.
3654
(j) If the bureau division finds that the Florida
3655
Thoroughbred Breeders' Association has not complied with any
3656
provision of this section, the bureau division may order the
3657
association to cease and desist from receiving funds and
3658
administering funds received under this section. If the bureau
3659
division enters such an order, the permitholder shall make the
3660
payments authorized in this section to the bureau division for
3661
deposit into the Pari-mutuel Wagering Trust Fund; and any funds
3662
in the Florida Thoroughbred Breeders' Association account shall
3663
be immediately paid to the Bureau division of Pari-mutuel
3664
Wagering for deposit to the Pari-mutuel Wagering Trust Fund. The
3665
bureau division shall authorize payment from these funds to any
3666
breeder or stallion owner entitled to an award that has not been
3667
previously paid by the Florida Thoroughbred Breeders' Association
3668
in accordance with the applicable rate.
3669
(4) Each permitholder conducting a harness horse race under
3670
this chapter shall pay a sum equal to the breaks on all pari-
3671
mutuel pools conducted during that race for the payment of
3672
breeders' awards, stallion awards, and stallion stakes and for
3673
additional expenditures as authorized in this section. The
3674
Florida Standardbred Breeders and Owners Association may is
3675
authorized to receive these payments from the permitholders and
3676
make payments as authorized in this subsection. The Florida
3677
Standardbred Breeders and Owners Association has the right to
3678
withhold up to 10 percent of the permitholder's payments under
3679
this section and under s. 550.2633 as a fee for administering
3680
these payments. The permitholder shall remit these payments to
3681
the Florida Standardbred Breeders and Owners Association by the
3682
5th day of each calendar month for such sums accruing during the
3683
preceding calendar month and shall report such payments to the
3684
bureau division as prescribed by the bureau division. With the
3685
exception of the 10-percent fee for administering the payments
3686
and the use of the moneys authorized by paragraph (j), the moneys
3687
paid by the permitholders shall be maintained in a separate,
3688
interest-bearing account; and such payments together with any
3689
interest earned shall be allocated for the payment of breeders'
3690
awards, stallion awards, stallion stakes, additional purses, and
3691
prizes for, and the general promotion of owning and breeding of,
3692
Florida-bred standardbred horses. Payment of breeders' awards and
3693
stallion awards shall be made in accordance with the following
3694
provisions:
3695
(a) The breeder of each Florida-bred standardbred horse
3696
winning a harness horse race is entitled to an award of up to,
3697
but not exceeding, 20 percent of the announced gross purse,
3698
including nomination fees, eligibility fees, starting fees,
3699
supplementary fees, and moneys added by the sponsor of the race.
3700
(b) The owner or owners of the sire of a Florida-bred
3701
standardbred horse that wins a stakes race is entitled to a
3702
stallion award of up to, but not exceeding, 20 percent of the
3703
announced gross purse, including nomination fees, eligibility
3704
fees, starting fees, supplementary fees, and moneys added by the
3705
sponsor of the race.
3706
(c) In order for a breeder of a Florida-bred standardbred
3707
horse to be eligible to receive a breeder's award, the horse
3708
winning the race must have been registered as a Florida-bred
3709
horse with the Florida Standardbred Breeders and Owners
3710
Association and a registration certificate under seal for the
3711
winning horse must show that the winner has been duly registered
3712
as a Florida-bred horse as evidenced by the seal and proper
3713
serial number of the United States Trotting Association registry.
3714
The Florida Standardbred Breeders and Owners Association shall be
3715
permitted to charge the registrant a reasonable fee for this
3716
verification and registration.
3717
(d) In order for an owner of the sire of a standardbred
3718
horse winning a stakes race to be eligible to receive a stallion
3719
award, the stallion must have been registered with the Florida
3720
Standardbred Breeders and Owners Association, and the breeding of
3721
the registered Florida-bred horse must have occurred in this
3722
state. The stallion must be standing permanently in this state
3723
or, if the stallion is dead, must have stood permanently in this
3724
state for a period of not less than 1 year immediately prior to
3725
its death. The removal of a stallion from this state for any
3726
reason, other than exclusively for prescribed medical treatment,
3727
renders the owner or the owners of the stallion ineligible to
3728
receive a stallion award under any circumstances for offspring
3729
sired prior to removal; however, if a removed stallion is
3730
returned to this state, all offspring sired subsequent to the
3731
return make the owner or owners of the stallion eligible for the
3732
stallion award but only for those offspring sired subsequent to
3733
such return to this state. The Florida Standardbred Breeders and
3734
Owners Association shall maintain complete records showing the
3735
date the stallion arrived in this state for the first time,
3736
whether or not the stallion remained in the state permanently,
3737
the location of the stallion, and whether the stallion is still
3738
standing in this state and complete records showing awards
3739
earned, received, and distributed. The association may charge the
3740
owner, owners, or breeder a reasonable fee for this service.
3741
(e) A permitholder conducting a harness horse race under
3742
this chapter shall, within 30 days after the end of the race meet
3743
during which the race is conducted, certify to the Florida
3744
Standardbred Breeders and Owners Association such information
3745
relating to the horse winning a stakes or other horserace at the
3746
meet as may be required to determine the eligibility for payment
3747
of breeders' awards and stallion awards.
3748
(f) The Florida Standardbred Breeders and Owners
3749
Association shall maintain complete records showing the starters
3750
and winners in all races conducted at harness horse racetracks in
3751
this state; shall maintain complete records showing awards
3752
earned, received, and distributed; and may charge the owner,
3753
owners, or breeder a reasonable fee for this service.
3754
(g) The Florida Standardbred Breeders and Owners
3755
Association shall annually establish a uniform rate and procedure
3756
for the payment of breeders' awards, stallion awards, stallion
3757
stakes, additional purses, and prizes for, and for the general
3758
promotion of owning and breeding of, Florida-bred standardbred
3759
horses and shall make award payments and allocations in strict
3760
compliance with the established uniform rate and procedure. The
3761
plan may set a cap on winnings, and may limit, exclude, or defer
3762
payments to certain classes of races, such as the Florida
3763
Breeders' stakes races, in order to assure that there are
3764
adequate revenues to meet the proposed uniform rate. Priority
3765
shall be placed on imposing such restrictions in lieu of allowing
3766
the uniform rate allocated to payment of breeder and stallion
3767
awards to be less than 10 percent of the total purse payment. The
3768
uniform rate and procedure must be approved by the bureau
3769
division before implementation. In the absence of an approved
3770
plan and procedure, the authorized rate for breeders' and
3771
stallion awards is 10 percent of the announced gross purse for
3772
each race. Such purse must include nomination fees, eligibility
3773
fees, starting fees, supplementary fees, and moneys added by the
3774
sponsor of the race. If the funds in the account for payment of
3775
breeders' and stallion awards are not sufficient to meet all
3776
earned breeders' and stallion awards, those breeders and stallion
3777
owners not receiving payments have first call on any subsequent
3778
receipts in that or any subsequent year.
3779
(h) The Florida Standardbred Breeders and Owners
3780
Association shall keep accurate records showing receipts and
3781
disbursements of such payments and shall annually file a full and
3782
complete report to the bureau division showing such receipts and
3783
disbursements and the sums withheld for administration. The
3784
bureau division may audit the records and accounts of the Florida
3785
Standardbred Breeders and Owners Association to determine that
3786
payments have been made to eligible breeders, stallion owners,
3787
and owners of Florida-bred standardbred horses in accordance with
3788
this section.
3789
(i) If the bureau division finds that the Florida
3790
Standardbred Breeders and Owners Association has not complied
3791
with any provision of this section, the bureau division may order
3792
the association to cease and desist from receiving funds and
3793
administering funds received under this section and under s.
3794
550.2633. If the bureau division enters such an order, the
3795
permitholder shall make the payments authorized in this section
3796
and s. 550.2633 to the bureau division for deposit into the Pari-
3797
mutuel Wagering Trust Fund; and any funds in the Florida
3798
Standardbred Breeders and Owners Association account shall be
3799
immediately paid to the bureau division for deposit to the Pari-
3800
mutuel Wagering Trust Fund. The bureau division shall authorize
3801
payment from these funds to any breeder, stallion owner, or owner
3802
of a Florida-bred standardbred horse entitled to an award that
3803
has not been previously paid by the Florida Standardbred Breeders
3804
and Owners Association in accordance with the applicable rate.
3805
(j) The board of directors of the Florida Standardbred
3806
Breeders and Owners Association may authorize the release of up
3807
to 25 percent of the funds available for breeders' awards,
3808
stallion awards, stallion stakes, additional purses, and prizes
3809
for, and for the general promotion of owning and breeding of,
3810
Florida-bred standardbred horses to be used for purses for, and
3811
promotion of, Florida-bred standardbred horses at race meetings
3812
at which there is no pari-mutuel wagering unless, and to the
3813
extent that, such release would render the funds available for
3814
such awards insufficient to pay the breeders' and stallion awards
3815
earned pursuant to the annual plan of the association. Any such
3816
funds so released and used for purses are not considered to be an
3817
"announced gross purse" as that term is used in paragraphs (a)
3818
and (b), and no breeders' or stallion awards, stallion stakes, or
3819
owner awards are required to be paid for standardbred horses
3820
winning races in meetings at which there is no pari-mutuel
3821
wagering. The amount of purses to be paid from funds so released
3822
and the meets eligible to receive such funds for purses must be
3823
approved by the board of directors of the Florida Standardbred
3824
Breeders and Owners Association.
3825
(5)(a) Except as provided in subsections (7) and (8), each
3826
permitholder conducting a quarter horse race meet under this
3827
chapter shall pay a sum equal to the breaks plus a sum equal to 1
3828
percent of all pari-mutuel pools conducted during that race for
3829
supplementing and augmenting purses and prizes and for the
3830
general promotion of owning and breeding of racing quarter horses
3831
in this state as authorized in this section. The Florida Quarter
3832
Horse Breeders and Owners Association may is authorized to
3833
receive these payments from the permitholders and make payments
3834
as authorized in this subsection. The Florida Quarter Horse
3835
Breeders and Owners Association, Inc., referred to in this
3836
chapter as the Florida Quarter Horse Breeders and Owners
3837
Association, has the right to withhold up to 10 percent of the
3838
permitholder's payments under this section and under s. 550.2633
3839
as a fee for administering these payments. The permitholder shall
3840
remit these payments to the Florida Quarter Horse Breeders and
3841
Owners Association by the 5th day of each calendar month for such
3842
sums accruing during the preceding calendar month and shall
3843
report such payments to the bureau division as prescribed by the
3844
bureau division. With the exception of the 5-percent fee for
3845
administering the payments, the moneys paid by the permitholders
3846
shall be maintained in a separate, interest-bearing account.
3847
(b) The Florida Quarter Horse Breeders and Owners
3848
Association shall use these funds solely for supplementing and
3849
augmenting purses and prizes and for the general promotion of
3850
owning and breeding of racing quarter horses in this state and
3851
for general administration of the Florida Quarter Horse Breeders
3852
and Owners Association, Inc., in this state.
3853
(c) In order for an owner or breeder of a Florida-bred
3854
quarter horse to be eligible to receive an award, the horse
3855
winning a race must have been registered as a Florida-bred horse
3856
with the Florida Quarter Horse Breeders and Owners Association
3857
and a registration certificate under seal for the winning horse
3858
must show that the winning horse has been duly registered prior
3859
to the race as a Florida-bred horse as evidenced by the seal and
3860
proper serial number of the Florida Quarter Horse Breeders and
3861
Owners Association registry. The Department of Agriculture and
3862
Consumer Services may is authorized to assist the association in
3863
maintaining this registry. The Florida Quarter Horse Breeders and
3864
Owners Association may charge the registrant a reasonable fee for
3865
this verification and registration. Any person who registers
3866
unqualified horses or misrepresents information in any way shall
3867
be denied any future participation in breeders' awards, and all
3868
horses misrepresented will no longer be deemed to be Florida-
3869
bred.
3870
(d) A permitholder conducting a quarter horse race under a
3871
quarter horse permit under this chapter shall, within 30 days
3872
after the end of the race meet during which the race is
3873
conducted, certify to the Florida Quarter Horse Breeders and
3874
Owners Association such information relating to the horse winning
3875
a stakes or other horserace at the meet as may be required to
3876
determine the eligibility for payment of breeders' awards under
3877
this section.
3878
(e) The Florida Quarter Horse Breeders and Owners
3879
Association shall maintain complete records showing the starters
3880
and winners in all quarter horse races conducted under quarter
3881
horse permits in this state; shall maintain complete records
3882
showing awards earned, received, and distributed; and may charge
3883
the owner, owners, or breeder a reasonable fee for this service.
3884
(f) The Florida Quarter Horse Breeders and Owners
3885
Association shall keep accurate records showing receipts and
3886
disbursements of payments made under this section and shall
3887
annually file a full and complete report to the bureau division
3888
showing such receipts and disbursements and the sums withheld for
3889
administration. The bureau division may audit the records and
3890
accounts of the Florida Quarter Horse Breeders and Owners
3891
Association to determine that payments have been made in
3892
accordance with this section.
3893
(g) The Florida Quarter Horse Breeders and Owners
3894
Association shall annually establish a plan for supplementing and
3895
augmenting purses and prizes and for the general promotion of
3896
owning and breeding Florida-bred racing quarter horses and shall
3897
make award payments and allocations in strict compliance with the
3898
annual plan. The annual plan must be approved by the bureau
3899
division before implementation. If the funds in the account for
3900
payment of purses and prizes are not sufficient to meet all
3901
purses and prizes to be awarded, those breeders and owners not
3902
receiving payments have first call on any subsequent receipts in
3903
that or any subsequent year.
3904
(h) If the bureau division finds that the Florida Quarter
3905
Horse Breeders and Owners Association has not complied with any
3906
provision of this section, the bureau division may order the
3907
association to cease and desist from receiving funds and
3908
administering funds received under this section and s. 550.2633.
3909
If the bureau division enters such an order, the permitholder
3910
shall make the payments authorized in this section and s.
3911
550.2633 to the bureau division for deposit into the Pari-mutuel
3912
Wagering Trust Fund, and any funds in the Florida Quarter Horse
3913
Breeders and Owners Association account shall be immediately paid
3914
to the bureau division for deposit to the Pari-mutuel Wagering
3915
Trust Fund. The bureau division shall authorize payment from
3916
these funds to any breeder or owner of a quarter horse entitled
3917
to an award that has not been previously paid by the Florida
3918
Quarter Horse Breeders and Owners Association in accordance with
3919
this section.
3920
(7)(a) Each permitholder that conducts race meets under
3921
this chapter and runs Appaloosa races shall pay to the bureau
3922
division a sum equal to the breaks plus a sum equal to 1 percent
3923
of the total contributions to each pari-mutuel pool conducted on
3924
each Appaloosa race. The payments shall be remitted to the bureau
3925
division by the 5th day of each calendar month for sums accruing
3926
during the preceding calendar month.
3927
(b) The bureau division shall deposit these collections to
3928
the credit of the General Inspection Trust Fund in a special
3929
account to be known as the "Florida Appaloosa Racing Promotion
3930
Account." The Department of Agriculture and Consumer Services
3931
shall administer the funds and adopt suitable and reasonable
3932
rules for the administration thereof. The moneys in the Florida
3933
Appaloosa Racing Promotion Account shall be allocated solely for
3934
supplementing and augmenting purses and prizes and for the
3935
general promotion of owning and breeding of racing Appaloosas in
3936
this state; and the moneys may not be used to defray any expense
3937
of the Department of Agriculture and Consumer Services in the
3938
administration of this chapter.
3939
(8)(a) Each permitholder that conducts race meets under
3940
this chapter and runs Arabian horse races shall pay to the bureau
3941
division a sum equal to the breaks plus a sum equal to 1 percent
3942
of the total contributions to each pari-mutuel pool conducted on
3943
each Arabian horse race. The payments shall be remitted to the
3944
bureau division by the 5th day of each calendar month for sums
3945
accruing during the preceding calendar month.
3946
(b) The bureau division shall deposit these collections to
3947
the credit of the General Inspection Trust Fund in a special
3948
account to be known as the "Florida Arabian Horse Racing
3949
Promotion Account." The Department of Agriculture and Consumer
3950
Services shall administer the funds and adopt suitable and
3951
reasonable rules for the administration thereof. The moneys in
3952
the Florida Arabian Horse Racing Promotion Account shall be
3953
allocated solely for supplementing and augmenting purses and
3954
prizes and for the general promotion of owning and breeding of
3955
racing Arabian horses in this state; and the moneys may not be
3956
used to defray any expense of the Department of Agriculture and
3957
Consumer Services in the administration of this chapter, except
3958
that the moneys generated by Arabian horse registration fees
3959
received pursuant to s. 570.382 may be used as provided in
3960
paragraph (5)(b) of that section.
3961
Section 63. Section 550.26352, Florida Statutes, is amended
3962
to read:
3963
550.26352 Breeders' Cup Meet; pools authorized; conflicts;
3964
taxes; credits; transmission of races; rules; application.--
3965
(1) Notwithstanding any provision of this chapter to the
3966
contrary, there is hereby created a special thoroughbred race
3967
meet which shall be designated as the "Breeders' Cup Meet." The
3968
Breeders' Cup Meet shall be conducted at the facility of the
3969
Florida permitholder selected by Breeders' Cup Limited to conduct
3970
the Breeders' Cup Meet. The Breeders' Cup Meet shall consist of 3
3971
days: the day on which the Breeders' Cup races are conducted, the
3972
preceding day, and the subsequent day. Upon the selection of the
3973
Florida permitholder as host for the Breeders' Cup Meet and
3974
application by the selected permitholder, the bureau division
3975
shall issue a license to the selected permitholder to operate the
3976
Breeders' Cup Meet. Notwithstanding s. 550.09515(2)(a), the
3977
Breeders' Cup Meet may be conducted on dates which the selected
3978
permitholder is not otherwise authorized to conduct a race meet.
3979
(2) The permitholder conducting the Breeders' Cup Meet is
3980
specifically authorized to create pari-mutuel pools during the
3981
Breeders' Cup Meet by accepting pari-mutuel wagers on the
3982
thoroughbred horse races run during said meet.
3983
(3) If the permitholder conducting the Breeders' Cup Meet
3984
is located within 35 miles of one or more permitholders scheduled
3985
to conduct a thoroughbred race meet on any of the 3 days of the
3986
Breeders' Cup Meet, then operation on any of those 3 days by the
3987
other permitholders is prohibited. As compensation for the loss
3988
of racing days caused thereby, such operating permitholders shall
3989
receive a credit against the taxes otherwise due and payable to
3991
in an amount equal to the operating loss determined to have been
3992
suffered by the operating permitholders as a result of not
3993
operating on the prohibited racing days, but shall not exceed a
3994
total of $950,000. The determination of the amount to be credited
3995
shall be made by the bureau division upon application by the
3996
operating permitholder. The tax credits provided in this
3997
subsection shall not be available unless an operating
3998
permitholder is required to close a bona fide meet consisting in
3999
part of no fewer than 10 scheduled performances in the 15 days
4000
immediately preceding or 10 scheduled performances in the 15 days
4001
immediately following the Breeders' Cup Meet. Such tax credit
4002
shall be in lieu of any other compensation or consideration for
4003
the loss of racing days. There shall be no replacement or makeup
4004
of any lost racing days.
4005
(4) Notwithstanding any provision of ss. 550.0951 and
4006
550.09515, the permitholder conducting the Breeders' Cup Meet
4007
shall pay no taxes on the handle included within the pari-mutuel
4008
pools of said permitholder during the Breeders' Cup Meet.
4009
(5) The permitholder conducting the Breeders' Cup Meet
4010
shall receive a credit against the taxes otherwise due and
4012
during said permitholder's next ensuing regular thoroughbred race
4013
meet. This credit shall be in an amount not to exceed $950,000
4014
and shall be utilized by the permitholder to pay the purses
4015
offered by the permitholder during the Breeders' Cup Meet in
4016
excess of the purses which the permitholder is otherwise required
4017
by law to pay. The amount to be credited shall be determined by
4018
the bureau division upon application of the permitholder which is
4019
subject to audit by the bureau division.
4020
(6) The permitholder conducting the Breeders' Cup Meet
4021
shall receive a credit against the taxes otherwise due and
4023
during said permitholder's next ensuing regular thoroughbred race
4024
meet. This credit shall be in an amount not to exceed $950,000
4025
and shall be utilized by the permitholder for such capital
4026
improvements and extraordinary expenses as may be necessary for
4027
operation of the Breeders' Cup Meet. The amount to be credited
4028
shall be determined by the bureau division upon application of
4029
the permitholder which is subject to audit by the bureau
4030
division.
4031
(7) The permitholder conducting the Breeders' Cup Meet
4032
shall be exempt from the payment of purses and other payments to
4033
horsemen on all on-track, intertrack, interstate, and
4034
international wagers or rights fees or payments arising therefrom
4035
for all races for which the purse is paid or supplied by
4036
Breeders' Cup Limited. The permitholder conducting the Breeders'
4037
Cup Meet shall not, however, be exempt from breeders' awards
4038
payments for on-track and intertrack wagers as provided in ss.
4040
paid or supplied by Breeders' Cup Limited.
4041
(8)(a) Pursuant to s. 550.3551(2), the permitholder
4042
conducting the Breeders' Cup Meet may is authorized to transmit
4043
broadcasts of the races conducted during the Breeders' Cup Meet
4044
to locations outside of this state for wagering purposes. The
4045
bureau division may approve broadcasts to pari-mutuel
4046
permitholders and other betting systems authorized under the laws
4047
of any other state or country. Wagers accepted by any out-of-
4048
state pari-mutuel permitholder or betting system on any races
4049
broadcast under this section may be, but are not required to be,
4050
commingled with the pari-mutuel pools of the permitholder
4051
conducting the Breeders' Cup Meet. The calculation of any payoff
4052
on national pari-mutuel pools with commingled wagers may be
4053
performed by the permitholder's totalisator contractor at a
4054
location outside of this state. Pool amounts from wagers placed
4055
at pari-mutuel facilities or other betting systems in foreign
4056
countries before being commingled with the pari-mutuel pool of
4057
the Florida permitholder conducting the Breeders' Cup Meet shall
4058
be calculated by the totalisator contractor and transferred to
4059
the commingled pool in United States currency in cycles
4060
customarily used by the permitholder. Pool amounts from wagers
4061
placed at any foreign pari-mutuel facility or other betting
4062
system shall not be commingled with a Florida pool until a
4063
determination is made by the bureau division that the technology
4064
utilized by the totalisator contractor is adequate to assure
4065
commingled pools will result in the calculation of accurate
4066
payoffs to Florida bettors. Any totalisator contractor at a
4067
location outside of this state shall comply with the provisions
4068
of s. 550.495 relating to totalisator licensing.
4069
(b) The permitholder conducting the Breeders' Cup Meet may
4070
is authorized to transmit broadcasts of the races conducted
4071
during the Breeders' Cup Meet to other pari-mutuel facilities
4072
located in this state for wagering purposes; however, the
4073
permitholder conducting the Breeders' Cup Meet shall not be
4074
required to transmit broadcasts to any pari-mutuel facility
4075
located within 25 miles of the facility at which the Breeders'
4076
Cup Meet is conducted.
4077
(9) The exemption from the tax credits provided in
4078
subsections (5) and (6) shall not be granted and shall not be
4079
claimed by the permitholder until an audit is completed by the
4080
bureau division. The bureau division is required to complete the
4081
audit within 30 days of receipt of the necessary documentation
4082
from the permitholder to verify the permitholder's claim for tax
4083
credits. If the documentation submitted by the permitholder is
4084
incomplete or is insufficient to document the permitholder's
4085
claim for tax credits, the bureau division may request such
4086
additional documentation as is necessary to complete the audit.
4087
Upon receipt of the bureau division's written request for
4088
additional documentation, the 30-day time limitation will
4089
commence anew.
4090
(10) The bureau may division is authorized to adopt such
4091
rules as are necessary to facilitate the conduct of the Breeders'
4092
Cup Meet as authorized in this section. Included within this
4093
grant of authority shall be the adoption or waiver of rules
4094
regarding the overall conduct of racing during the Breeders' Cup
4095
Meet so as to ensure the integrity of the races, licensing for
4096
all participants, special stabling and training requirements for
4097
foreign horses, commingling of pari-mutuel pools, and audit
4098
requirements for tax credits and other benefits.
4099
(11) Any dispute between the bureau division and any
4100
permitholder regarding the tax credits authorized under
4101
subsection (3), subsection (5), or subsection (6) shall be
4102
determined by a hearing officer of the Bureau division of
4103
Administrative Hearings under the provisions of s. 120.57(1).
4104
(12) The provisions of this section shall prevail over any
4105
conflicting provisions of this chapter.
4106
Section 64. Subsections (1), (5), (6), and (8) of section
4107
550.2704, Florida Statutes, are amended to read:
4108
550.2704 Jai Alai Tournament of Champions Meet.--
4109
(1) Notwithstanding any provision of this chapter, there is
4110
hereby created a special jai alai meet which shall be designated
4111
as the "Jai Alai Tournament of Champions Meet" and which shall be
4112
hosted by the Florida jai alai permitholders selected by the
4113
National Association of Jai Alai Frontons, Inc., to conduct such
4114
meet. The meet shall consist of three qualifying performances and
4115
a final performance, each of which is to be conducted on
4116
different days. Upon the selection of the Florida permitholders
4117
for the meet, and upon application by the selected permitholders,
4118
the Bureau division of Pari-mutuel Wagering shall issue a license
4119
to each of the selected permitholders to operate the meet. The
4120
meet may be conducted during a season in which the permitholders
4121
selected to conduct the meet are not otherwise authorized to
4122
conduct a meet. Notwithstanding anything herein to the contrary,
4123
any Florida permitholder who is to conduct a performance which is
4124
a part of the Jai Alai Tournament of Champions Meet shall not be
4125
required to apply for the license for said meet if it is to be
4126
run during the regular season for which such permitholder has a
4127
license.
4128
(5) In addition to the credit authorized in subsection (4),
4129
the Jai Alai Tournament of Champions Meet permitholders shall
4130
receive a credit against the taxes, otherwise due and payable
4132
permitholders' current regular meet, in an amount not to exceed
4133
the aggregate amount of $150,000, which shall be prorated equally
4134
between the permitholders, and shall be utilized by the
4135
permitholders for such capital improvements and extraordinary
4136
expenses, including marketing expenses, as may be necessary for
4137
the operation of the meet. The determination of the amount to be
4138
credited shall be made by the bureau division upon application of
4139
said permitholders.
4140
(6) The permitholder shall be entitled to said
4141
permitholder's pro rata share of the $150,000 tax credit provided
4142
in subsection (5) without having to make application, so long as
4143
appropriate documentation to substantiate said expenditures
4144
thereunder is provided to the bureau division within 30 days
4145
following said Jai Alai Tournament of Champions Meet.
4146
(8) The bureau may division is authorized to adopt such
4147
rules as are necessary to facilitate the conduct of the Jai Alai
4148
Tournament of Champions Meet as authorized in this section.
4149
Included within this grant of authority shall be the adoption of
4150
rules regarding the overall conduct of the tournament so as to
4151
ensure the integrity of the event, licensing for participants,
4152
commingling of pari-mutuel pools, and audit requirements for tax
4153
credits and exemptions.
4154
Section 65. Subsections (1), (2), (5), and paragraph (a) of
4155
subsection (7) of section 550.334, Florida Statutes, are amended
4156
to read:
4157
550.334 Quarter horse racing; substitutions.--
4158
(1) Subject to all the applicable provisions of this
4159
chapter, any person who possesses the qualifications prescribed
4160
in this chapter may apply to the bureau division for a permit to
4161
conduct quarter horse race meetings and racing under this
4162
chapter. The applicant must demonstrate that the location or
4163
locations where the permit will be used are available for such
4164
use and that she or he has the financial ability to satisfy the
4165
reasonably anticipated operational expenses of the first racing
4166
year following final issuance of the permit. If the racing
4167
facility is already built, the application must contain a
4168
statement, with reasonable supporting evidence, that the permit
4169
will be used for quarter horse racing within 1 year after the
4170
date on which it is granted; if the facility is not already
4171
built, the application must contain a statement, with reasonable
4172
supporting evidence, that substantial construction will be
4173
started within 1 year after the issuance of the permit. After
4174
receipt of an application, the bureau division shall convene to
4175
consider and act upon permits applied for. The bureau division
4176
shall disapprove an application if it fails to meet the
4177
requirements of this chapter. Upon each application filed and
4178
approved, a permit shall be issued setting forth the name of the
4179
applicant and a statement showing qualifications of the applicant
4180
to conduct racing under this chapter. If a favorable referendum
4181
on a pari-mutuel facility has not been held previously within the
4182
county, then, before a quarter horse permit may be issued by the
4183
bureau division, a referendum ratified by a majority of the
4184
electors in the county is required on the question of allowing
4185
quarter horse races within that county.
4186
(2) After a quarter horse racing permit has been granted by
4187
the bureau division, the department shall grant to the lawful
4188
holder of such permit, subject to the conditions of this section,
4189
a license to conduct quarter horse racing under this chapter; and
4190
the bureau division shall fix annually the time when, place
4191
where, and number of days upon which racing may be conducted by
4192
such quarter horse racing permitholder. After the first license
4193
has been issued to the holder of a permit for quarter horse
4194
racing, all subsequent annual applications for a license by a
4195
permitholder must be accompanied by proof, in such form as the
4196
bureau division requires, that the permitholder still possesses
4197
all the qualifications prescribed by this chapter. The bureau
4198
division may revoke any permit or license issued under this
4199
section upon the willful violation by the licensee of any
4200
provision of this chapter or any rule adopted by the bureau
4201
division under this chapter. The bureau division shall revoke any
4202
quarter horse permit under which no live racing has ever been
4203
conducted before July 7, 1990, for failure to conduct a horse
4204
meet pursuant to the license issued where a full schedule of
4205
horseracing has not been conducted for a period of 18 months
4206
commencing on October 1, 1990, unless the permitholder has
4207
commenced construction on a facility at which a full schedule of
4208
live racing could be conducted as approved by the bureau
4209
division. "Commenced construction" means initiation of and
4210
continuous activities beyond site preparation associated with
4211
erecting or modifying a horseracing facility, including
4212
procurement of a building permit applying the use of approved
4213
construction documents, proof of an executed owner/contractor
4214
agreement or an irrevocable or binding forced account, and actual
4215
undertaking of foundation forming with steel installation and
4216
concrete placing. The 18-month period shall be extended by the
4217
bureau division, to the extent that the applicant demonstrates to
4218
the satisfaction of the bureau division that good faith
4219
commencement of the construction of the facility is being delayed
4220
by litigation or by governmental action or inaction with respect
4221
to regulations or permitting precluding commencement of the
4222
construction of the facility.
4223
(5) Quarter horses participating in such races must be duly
4224
registered by the American Quarter Horse Association, and before
4225
each race such horses must be examined and declared in fit
4226
condition by a qualified person designated by the bureau
4227
division.
4228
(7)(a) Any quarter horse racing permitholder operating
4229
under a valid permit issued by the bureau may division is
4230
authorized to substitute races of other breeds of horses, except
4231
thoroughbreds, which are, respectively, registered with the
4232
American Paint Horse Association, Appaloosa Horse Club, Arabian
4233
Horse Registry of America, Palomino Horse Breeders of America, or
4234
United States Trotting Association, for no more than 50 percent
4235
of the quarter horse races daily, and may substitute races of
4236
thoroughbreds registered with the Jockey Club for no more than 50
4237
percent of the quarter horse races daily with the written consent
4238
of all greyhound, harness, and thoroughbred permitholders whose
4239
pari-mutuel facilities are located within 50 air miles of such
4240
quarter horse racing permitholder's pari-mutuel facility.
4241
Section 66. Section 550.3355, Florida Statutes, is amended
4242
to read:
4243
550.3355 Harness track licenses for summer quarter horse
4244
racing.--Any harness track licensed to operate under the
4245
provisions of s. 550.375 may make application for, and shall be
4246
issued by the bureau division, a license to operate not more than
4247
50 quarter horse racing days during the summer season, which
4248
shall extend from June 1 until September 1 of each year. However,
4249
this license to operate quarter horse racing for 50 days is in
4250
addition to the racing days and dates provided in s. 550.375 for
4251
harness racing during the winter seasons; and, it does not affect
4252
the right of such licensee to operate harness racing at the track
4253
as provided in s. 550.375 during the winter season. All
4254
provisions of this chapter governing quarter horse racing not in
4255
conflict herewith apply to the operation of quarter horse
4256
meetings authorized hereunder, except that all quarter horse
4257
racing permitted hereunder shall be conducted at night.
4258
Section 67. Paragraph (a) of subsection (6) and subsections
4259
(10) and (13) of section 550.3551, Florida Statutes, are amended
4260
to read:
4261
550.3551 Transmission of racing and jai alai information;
4262
commingling of pari-mutuel pools.--
4263
(6)(a) A maximum of 20 percent of the total number of races
4264
on which wagers are accepted by a greyhound permitholder not
4265
located as specified in s. 550.615(6) may be received from
4266
locations outside this state. A permitholder may not conduct
4267
fewer than eight live races or games on any authorized race day
4268
except as provided in this subsection. A thoroughbred
4269
permitholder may not conduct fewer than eight live races on any
4270
race day without the written approval of the Florida Thoroughbred
4271
Breeders' Association and the Florida Horsemen's Benevolent and
4272
Protective Association, Inc., unless it is determined by the
4273
department that another entity represents a majority of the
4274
thoroughbred racehorse owners and trainers in the state. A
4275
harness permitholder may conduct fewer than eight live races on
4276
any authorized race day, except that such permitholder must
4277
conduct a full schedule of live racing during its race meet
4278
consisting of at least eight live races per authorized race day
4279
for at least 100 days. Any harness horse permitholder that during
4280
the preceding racing season conducted a full schedule of live
4281
racing may, at any time during its current race meet, receive
4282
full-card broadcasts of harness horse races conducted at harness
4283
racetracks outside this state at the harness track of the
4284
permitholder and accept wagers on such harness races. With
4285
specific authorization from the bureau division for special
4286
racing events, a permitholder may conduct fewer than eight live
4287
races or games when the permitholder also broadcasts out-of-state
4288
races or games. The bureau division may not grant more than two
4289
such exceptions a year for a permitholder in any 12-month period,
4290
and those two exceptions may not be consecutive.
4291
(10) The bureau division may adopt rules necessary to
4292
facilitate commingling of pari-mutuel pools, to ensure the proper
4293
calculation of payoffs in circumstances in which different
4294
commission percentages are applicable and to regulate the
4295
distribution of net proceeds between the horse track and, in this
4296
state, the horsemen's associations.
4297
(13) This section does not prohibit the commingling of
4298
national pari-mutuel pools by a totalisator company that is
4299
licensed under this chapter. Such commingling of national pools
4300
is subject to bureau division review and approval and must be
4301
performed in accordance with rules adopted by the bureau division
4302
to ensure accurate calculation and distribution of the pools.
4303
Section 68. Section 550.3605, Florida Statutes, is amended
4304
to read:
4305
550.3605 Use of electronic transmitting equipment; permit
4306
by bureau division required.--Any person who has in her or his
4307
possession or control on the premises of any licensed horse or
4308
dog racetrack or jai alai fronton any electronic transmitting
4309
equipment or device that is capable of transmitting or
4310
communicating any information whatsoever to another person,
4311
without the written permission of the bureau division, is guilty
4312
of a misdemeanor of the second degree, punishable as provided in
4314
possession or control of any telephone, telegraph, radio, or
4315
television facilities installed by any such licensee with the
4316
approval of the bureau division.
4317
Section 69. Subsections (3), (4), and (5) of section
4318
550.3615, Florida Statutes, are amended to read:
4319
550.3615 Bookmaking on the grounds of a permitholder;
4320
penalties; reinstatement; duties of track employees; penalty;
4321
exceptions.--
4322
(3) Any person who has been convicted of bookmaking in this
4323
state or any other state of the United States or any foreign
4324
country shall be denied admittance to and shall not attend any
4325
racetrack or fronton in this state during its racing seasons or
4326
operating dates, including any practice or preparational days,
4327
for a period of 2 years after the date of conviction or the date
4328
of final appeal. Following the conclusion of the period of
4329
ineligibility, the director of the bureau division may authorize
4330
the reinstatement of an individual following a hearing on
4331
readmittance. Any such person who knowingly violates this
4332
subsection is guilty of a misdemeanor of the first degree,
4334
(4) If the activities of a person show that this law is
4335
being violated, and such activities are either witnessed or are
4336
common knowledge by any track or fronton employee, it is the duty
4337
of that employee to bring the matter to the immediate attention
4338
of the permitholder, manager, or her or his designee, who shall
4339
notify a law enforcement agency having jurisdiction. Willful
4340
failure on the part of any track or fronton employee to comply
4341
with the provisions of this subsection is a ground for the bureau
4342
division to suspend or revoke that employee's license for track
4343
or fronton employment.
4344
(5) Each permittee shall display, in conspicuous places at
4345
a track or fronton and in all race and jai alai daily programs, a
4346
warning to all patrons concerning the prohibition and penalties
4347
of bookmaking contained in this section and s. 849.25. The bureau
4348
division shall adopt rules concerning the uniform size of all
4349
warnings and the number of placements throughout a track or
4350
fronton. Failure on the part of the permittee to display such
4351
warnings may result in the imposition of a $500 fine by the
4352
bureau division for each offense.
4353
Section 70. Subsections (2) and (3) of section 550.375,
4354
Florida Statutes, are amended to read:
4355
550.375 Operation of certain harness tracks.--
4356
(2) Any permittee or licensee authorized under this section
4357
to transfer the location of its permit may conduct harness racing
4358
only between the hours of 7 p.m. and 2 a.m. A permit so
4359
transferred applies only to the locations provided in this
4360
section. The provisions of this chapter which prohibit the
4361
location and operation of a licensed harness track permittee and
4362
licensee within 100 air miles of the location of a racetrack
4363
authorized to conduct racing under this chapter and which
4364
prohibit the bureau division from granting any permit to a
4365
harness track at a location in the area in which there are three
4366
horse tracks located within 100 air miles thereof do not apply to
4367
a licensed harness track that is required by the terms of this
4368
section to race between the hours of 7 p.m. and 2 a.m.
4369
(3) A permit may not be issued by the bureau division for
4370
the operation of a harness track within 75 air miles of a
4371
location of a harness track licensed and operating under this
4372
chapter.
4373
Section 71. Section 550.495, Florida Statutes, is amended
4374
to read:
4375
550.495 Totalisator licensing.--
4376
(1) A totalisator may not be operated at a pari-mutuel
4377
facility in this state, or at a facility located in or out of
4378
this state which is used as the primary totalisator for a race or
4379
game conducted in this state, unless the totalisator company
4380
possesses a business license issued by the bureau division.
4381
(2)(a) Each totalisator company must apply to the bureau
4382
division for an annual business license. The application must
4383
include such information as the bureau division by rule requires.
4384
(b) As a part of its license application, each totalisator
4385
company must agree in writing to pay to the bureau division an
4386
amount equal to the loss of any state revenues from missed or
4387
canceled races, games, or performances due to acts of the
4388
totalisator company or its agents or employees or failures of the
4389
totalisator system, except for circumstances beyond the control
4390
of the totalisator company or agent or employee, as determined by
4391
the bureau division.
4392
(c) Each totalisator company must file with the bureau
4393
division a performance bond, acceptable to the bureau division,
4394
in the sum of $250,000 issued by a surety approved by the bureau
4395
division or must file proof of insurance, acceptable to the
4396
bureau division, against financial loss in the amount of
4397
$250,000, insuring the state against such a revenue loss.
4398
(d) In the event of a loss of state tax revenues, the
4399
bureau division shall determine:
4400
1. The estimated revenue lost as a result of missed or
4401
canceled races, games, or performances;
4402
2. The number of races, games, or performances which is
4403
practicable for the permitholder to conduct in an attempt to
4404
mitigate the revenue loss; and
4405
3. The amount of the revenue loss which the makeup races,
4406
games, or performances will not recover and for which the
4407
totalisator company is liable.
4408
(e) Upon the making of such determinations, the bureau
4409
division shall issue to the totalisator company and to the
4410
affected permitholder an order setting forth the determinations
4411
of the bureau division.
4412
(f) If the order is contested by either the totalisator
4413
company or any affected permitholder, the provisions of chapter
4414
120 apply. If the totalisator company contests the order on the
4415
grounds that the revenue loss was due to circumstances beyond its
4416
control, the totalisator company has the burden of proving that
4417
circumstances vary in fact beyond its control. For purposes of
4418
this paragraph, strikes and acts of God are beyond the control of
4419
the totalisator company.
4420
(g) Upon the failure of the totalisator company to make the
4421
payment found to be due the state, the bureau division may cause
4422
the forfeiture of the bond or may proceed against the insurance
4423
contract, and the proceeds of the bond or contract shall be
4424
deposited into the Pari-mutuel Wagering Trust Fund. If that bond
4425
was not posted or insurance obtained, the bureau division may
4426
proceed against any assets of the totalisator company to collect
4427
the amounts due under this subsection.
4428
(3) If the applicant meets the requirements of this section
4429
and bureau division rules and pays the license fee, the bureau
4430
division shall issue the license.
4431
(4) Each totalisator company shall conduct operations in
4432
accordance with rules adopted by the bureau division, in such
4433
form, content, and frequency as the bureau division by rule
4434
determines.
4435
(5) The bureau division and its representatives may enter
4436
and inspect any area of the premises of a licensed totalisator
4437
company, and may examine totalisator records, during the
4438
licensee's regular business or operating hours.
4439
Section 72. Section 550.505, Florida Statutes, is amended
4440
to read:
4441
550.505 Nonwagering permits.--
4442
(1)(a) Except as provided in this section, permits and
4443
licenses issued by the bureau division are intended to be used
4444
for pari-mutuel wagering operations in conjunction with
4445
horseraces, dograces, or jai alai performances.
4446
(b) Subject to the requirements of this section, the bureau
4447
division is authorized to issue permits for the conduct of
4448
horseracing meets without pari-mutuel wagering or any other form
4449
of wagering being conducted in conjunction therewith. Such
4450
permits shall be known as nonwagering permits and may be issued
4451
only for horseracing meets. A horseracing permitholder need not
4452
obtain an additional permit from the bureau division for
4453
conducting nonwagering racing under this section, but must apply
4454
to the bureau division for the issuance of a license under this
4455
section. The holder of a nonwagering permit is prohibited from
4456
conducting pari-mutuel wagering or any other form of wagering in
4457
conjunction with racing conducted under the permit. Nothing in
4458
this subsection prohibits horseracing for any stake, purse,
4459
prize, or premium.
4460
(c) The holder of a nonwagering permit is exempt from the
4461
provisions of s. 550.105 and is exempt from the imposition of
4462
daily license fees and admission tax.
4463
(2)(a) Any person not prohibited from holding any type of
4464
pari-mutuel permit under s. 550.1815 shall be allowed to apply to
4465
the bureau division for a nonwagering permit. The applicant must
4466
demonstrate that the location or locations where the nonwagering
4467
permit will be used are available for such use and that the
4468
applicant has the financial ability to satisfy the reasonably
4469
anticipated operational expenses of the first racing year
4470
following final issuance of the nonwagering permit. If the racing
4471
facility is already built, the application must contain a
4472
statement, with reasonable supporting evidence, that the
4473
nonwagering permit will be used for horseracing within 1 year
4474
after the date on which it is granted. If the facility is not
4475
already built, the application must contain a statement, with
4476
reasonable supporting evidence, that substantial construction
4477
will be started within 1 year after the issuance of the
4478
nonwagering permit.
4479
(b) The bureau division may conduct an eligibility
4480
investigation to determine if the applicant meets the
4481
requirements of paragraph (a).
4482
(3)(a) Upon receipt of a nonwagering permit, the
4483
permitholder must apply to the bureau division before June 1 of
4484
each year for an annual nonwagering license for the next
4485
succeeding calendar year. Such application must set forth the
4486
days and locations at which the permitholder will conduct
4487
nonwagering horseracing and must indicate any changes in
4488
ownership or management of the permitholder occurring since the
4489
date of application for the prior license.
4490
(b) On or before August 1 of each year, the bureau division
4491
shall issue a license authorizing the nonwagering permitholder to
4492
conduct nonwagering horseracing during the succeeding calendar
4493
year during the period and for the number of days set forth in
4494
the application, subject to all other provisions of this section.
4495
(c) The bureau division may conduct an eligibility
4496
investigation to determine the qualifications of any new
4497
ownership or management interest in the permit.
4498
(4) Upon the approval of racing dates by the bureau
4499
division, the bureau division shall issue an annual nonwagering
4500
license to the nonwagering permitholder.
4501
(5) Only horses registered with an established breed
4502
registration organization, which organization shall be approved
4503
by the bureau division, shall be raced at any race meeting
4504
authorized by this section.
4505
(6) The bureau division may order any person participating
4506
in a nonwagering meet to cease and desist from participating in
4507
such meet if the bureau division determines the person to be not
4508
of good moral character in accordance with s. 550.1815. The
4509
bureau division may order the operators of a nonwagering meet to
4510
cease and desist from operating the meet if the bureau division
4511
determines the meet is being operated for any illegal purpose.
4512
Section 73. Subsection (2) of section 550.5251, Florida
4513
Statutes, is amended to read:
4514
550.5251 Florida thoroughbred racing; certain permits;
4515
operating days.--
4516
(2) Each permitholder referred to in subsection (1) shall
4517
annually, during the period commencing December 15 of each year
4518
and ending January 4 of the following year, file in writing with
4519
the bureau division its application to conduct one or more
4520
thoroughbred racing meetings during the thoroughbred racing
4521
season commencing on the following June 1. Each application shall
4522
specify the number and dates of all performances that the
4523
permitholder intends to conduct during that thoroughbred racing
4524
season. On or before February 15 of each year, the bureau
4525
division shall issue a license authorizing each permitholder to
4526
conduct performances on the dates specified in its application.
4527
Up to March 31 of each year, each permitholder may request and
4528
shall be granted changes in its authorized performances; but
4529
thereafter, as a condition precedent to the validity of its
4530
license and its right to retain its permit, each permitholder
4531
must operate the full number of days authorized on each of the
4532
dates set forth in its license.
4533
Section 74. Subsection (3) of section 550.625, Florida
4534
Statutes, is amended to read:
4535
550.625 Intertrack wagering; purses; breeders' awards.--If
4536
a host track is a horse track:
4537
(3) The payment to a breeders' organization shall be
4538
combined with any other amounts received by the respective
4539
breeders' and owners' associations as so designated. Each
4540
breeders' and owners' association receiving these funds shall be
4541
allowed to withhold the same percentage as set forth in s.
4542
550.2625 to be used for administering the payment of awards and
4543
for the general promotion of their respective industries. If the
4544
total combined amount received for thoroughbred breeders' awards
4545
exceeds 15 percent of the purse required to be paid under
4546
subsection (1), the breeders' and owners' association, as so
4547
designated, notwithstanding any other provision of law, shall
4548
submit a plan to the bureau division for approval which would use
4549
the excess funds in promoting the breeding industry by increasing
4550
the purse structure for Florida-breds. Preference shall be given
4551
to the track generating such excess.
4552
Section 75. Subsection (5) of section 550.6305, Florida
4553
Statutes, is amended to read:
4554
550.6305 Intertrack wagering; guest track payments;
4555
accounting rules.--
4556
(5) The bureau division shall adopt rules providing an
4557
expedient accounting procedure for the transfer of the pari-
4558
mutuel pool in order to properly account for payment of state
4559
taxes, payment to the guest track, payment to the host track,
4560
payment of purses, payment to breeders' associations, payment to
4561
horsemen's associations, and payment to the public.
4562
Section 76. Subsections (1) and (2) of section 550.6308,
4563
Florida Statutes, are amended to read:
4564
550.6308 Limited intertrack wagering license.--In
4565
recognition of the economic importance of the thoroughbred
4566
breeding industry to this state, its positive impact on tourism,
4567
and of the importance of a permanent thoroughbred sales facility
4568
as a key focal point for the activities of the industry, a
4569
limited license to conduct intertrack wagering is established to
4570
ensure the continued viability and public interest in
4571
thoroughbred breeding in Florida.
4572
(1) Upon application to the bureau division on or before
4573
January 31 of each year, any person that is licensed to conduct
4574
public sales of thoroughbred horses pursuant to s. 535.01, that
4575
has conducted at least 15 days of thoroughbred horse sales at a
4576
permanent sales facility in this state for at least 3 consecutive
4577
years, and that has conducted at least 1 day of nonwagering
4578
thoroughbred racing in this state, with a purse structure of at
4579
least $250,000 per year for 2 consecutive years before such
4580
application, shall be issued a license, subject to the conditions
4581
set forth in this section, to conduct intertrack wagering at such
4582
a permanent sales facility during the following periods:
4583
(a) Up to 21 days in connection with thoroughbred sales;
4584
(b) Between November 1 and May 8;
4585
(c) Between May 9 and October 31 at such times and on such
4586
days as any thoroughbred, jai alai, or a greyhound permitholder
4587
in the same county is not conducting live performances; provided
4588
that any such permitholder may waive this requirement, in whole
4589
or in part, and allow the licensee under this section to conduct
4590
intertrack wagering during one or more of the permitholder's live
4591
performances; and
4592
(d) During the weekend of the Kentucky Derby, the
4593
Preakness, the Belmont, and a Breeders' Cup Meet that is
4594
conducted before November 1 and after May 8.
4595
4596
No more than one such license may be issued, and no such license
4597
may be issued for a facility located within 50 miles of any
4598
thoroughbred permitholder's track.
4599
(2) If more than one application is submitted for such
4600
license, the bureau division shall determine which applicant
4601
shall be granted the license. In making its determination, the
4602
bureau division shall grant the license to the applicant
4603
demonstrating superior capabilities, as measured by the length of
4604
time the applicant has been conducting thoroughbred sales within
4605
this state or elsewhere, the applicant's total volume of
4606
thoroughbred horse sales, within this state or elsewhere, the
4607
length of time the applicant has maintained a permanent
4608
thoroughbred sales facility in this state, and the quality of the
4609
facility.
4610
Section 77. Subsection (2) of section 550.70, Florida
4611
Statutes, is amended to read:
4612
550.70 Jai alai general provisions; chief court judges
4613
required; extension of time to construct fronton; amateur jai
4614
alai contests permitted under certain conditions; playing days'
4615
limitations; locking of pari-mutuel machines.--
4616
(2) The time within which the holder of a ratified permit
4617
for jai alai or pelota has to construct and complete a fronton
4618
may be extended by the bureau division for a period of 24 months
4619
after the date of the issuance of the permit, anything to the
4620
contrary in any statute notwithstanding.
4621
Section 78. Subsection (3) of section 550.902, Florida
4622
Statutes, is amended to read:
4623
550.902 Purposes.--The purposes of this compact are to:
4624
(3) Authorize the Department of Gaming Control Business and
4625
Professional Regulation to participate in this compact.
4626
Section 79. Subsection (1) of section 550.907, Florida
4627
Statutes, is amended to read:
4628
550.907 Compact committee.--
4629
(1) There is created an interstate governmental entity to
4630
be known as the "compact committee," which shall be composed of
4631
one official from the racing commission, or the equivalent
4632
thereof, in each party state who shall be appointed, serve, and
4633
be subject to removal in accordance with the laws of the party
4634
state that she or he represents. The official from Florida shall
4635
be appointed by the Gaming Commission Secretary of Business and
4636
Professional Regulation. Pursuant to the laws of her or his party
4637
state, each official shall have the assistance of her or his
4638
state's racing commission, or the equivalent thereof, in
4639
considering issues related to licensing of participants in pari-
4640
mutuel wagering and in fulfilling her or his responsibilities as
4641
the representative from her or his state to the compact
4642
committee.
4643
Section 80. Section 551.102, Florida Statutes, is amended
4644
to read:
4645
551.102 Definitions.--As used in this chapter, the term:
4646
(1) "Bureau" means the Bureau of Slot Machines within the
4647
Division of Gambling Oversight of the Department of Gaming
4648
Control.
4649
(2)(1) "Distributor" means any person who sells, leases, or
4650
offers or otherwise provides, distributes, or services any slot
4651
machine or associated equipment for use or play of slot machines
4652
in this state. A manufacturer may be a distributor within the
4653
state.
4654
(3)(2) "Designated slot machine gaming area" means the area
4655
or areas of a facility of a slot machine licensee in which slot
4656
machine gaming may be conducted in accordance with the provisions
4657
of this chapter.
4658
(4)(3) "Division" means the Division of Gambling Oversight
4659
Pari-mutuel Wagering of the Department of Gaming Control Business
4660
and Professional Regulation.
4661
(5)(4) "Eligible facility" means any licensed pari-mutuel
4662
facility located in Miami-Dade County or Broward County existing
4663
at the time of adoption of s. 23, Art. X of the State
4664
Constitution that has conducted live racing or games during
4665
calendar years 2002 and 2003 and has been approved by a majority
4666
of voters in a countywide referendum to have slot machines at
4667
such facility in the respective county.
4668
(6)(5) "Manufacturer" means any person who manufactures,
4669
builds, rebuilds, fabricates, assembles, produces, programs,
4670
designs, or otherwise makes modifications to any slot machine or
4671
associated equipment for use or play of slot machines in this
4672
state for gaming purposes. A manufacturer may be a distributor
4673
within the state.
4674
(7)(6) "Nonredeemable credits" means slot machine operating
4675
credits that cannot be redeemed for cash or any other thing of
4676
value by a slot machine, kiosk, or the slot machine licensee and
4677
that are provided free of charge to patrons. Such credits do not
4678
constitute "nonredeemable credits" until such time as they are
4679
metered as credit into a slot machine and recorded in the
4680
facility-based monitoring system.
4681
(8)(7) "Progressive system" means a computerized system
4682
linking slot machines in one or more licensed facilities within
4683
this state and offering one or more common progressive payouts
4684
based on the amounts wagered.
4685
(9)(8) "Slot machine" means any mechanical or electrical
4686
contrivance, terminal that may or may not be capable of
4687
downloading slot games from a central server system, machine, or
4688
other device that, upon insertion of a coin, bill, ticket, token,
4689
or similar object or upon payment of any consideration
4690
whatsoever, including the use of any electronic payment system
4691
except a credit card or debit card, is available to play or
4692
operate, the play or operation of which, whether by reason of
4693
skill or application of the element of chance or both, may
4694
deliver or entitle the person or persons playing or operating the
4695
contrivance, terminal, machine, or other device to receive cash,
4696
billets, tickets, tokens, or electronic credits to be exchanged
4697
for cash or to receive merchandise or anything of value
4698
whatsoever, whether the payoff is made automatically from the
4699
machine or manually. The term includes associated equipment
4700
necessary to conduct the operation of the contrivance, terminal,
4701
machine, or other device. Slot machines may use spinning reels,
4702
video displays, or both. A slot machine is not a "coin-operated
4703
amusement machine" as defined in s. 212.02(24) or an amusement
4704
game or machine as described in s. 849.161, and slot machines are
4705
not subject to the tax imposed by s. 212.05(1)(h).
4706
(10)(9) "Slot machine facility" means a facility at which
4707
slot machines as defined in this chapter are lawfully offered for
4708
play.
4709
(11)(10) "Slot machine license" means a license issued by
4710
the bureau division authorizing a pari-mutuel permitholder to
4711
place and operate slot machines as provided by s. 23, Art. X of
4712
the State Constitution, the provisions of this chapter, and
4713
bureau division rules.
4714
(12)(11) "Slot machine licensee" means a pari-mutuel
4715
permitholder who holds a license issued by the bureau division
4716
pursuant to this chapter that authorizes such person to possess a
4717
slot machine within facilities specified in s. 23, Art. X of the
4718
State Constitution and allows slot machine gaming.
4719
(13)(12) "Slot machine operator" means a person employed or
4720
contracted by the owner of a licensed facility to conduct slot
4721
machine gaming at that licensed facility.
4722
(14)(13) "Slot machine revenues" means the total of all
4723
cash and property, except nonredeemable credits, received by the
4724
slot machine licensee from the operation of slot machines less
4725
the amount of cash, cash equivalents, credits, and prizes paid to
4726
winners of slot machine gaming.
4727
Section 81. Section 551.103, Florida Statutes, is amended
4728
to read:
4729
551.103 Powers and duties of the bureau division and law
4730
enforcement.--
4731
(1) The bureau division shall adopt, pursuant to the
4733
implement, administer, and regulate slot machine gaming as
4734
authorized in this chapter. Such rules must include:
4735
(a) Procedures for applying for a slot machine license and
4736
renewal of a slot machine license.
4737
(b) Technical requirements and the qualifications contained
4738
in this chapter that are necessary to receive a slot machine
4739
license or slot machine occupational license.
4740
(c) Procedures to scientifically test and technically
4741
evaluate slot machines for compliance with this chapter. The
4742
bureau division may contract with an independent testing
4743
laboratory to conduct any necessary testing under this section.
4744
The independent testing laboratory must have a national
4745
reputation which is demonstrably competent and qualified to
4746
scientifically test and evaluate slot machines for compliance
4747
with this chapter and to otherwise perform the functions assigned
4748
to it in this chapter. An independent testing laboratory shall
4749
not be owned or controlled by a licensee. The use of an
4750
independent testing laboratory for any purpose related to the
4751
conduct of slot machine gaming by a licensee under this chapter
4752
shall be made from a list of one or more laboratories approved by
4753
the bureau division.
4754
(d) Procedures relating to slot machine revenues, including
4755
verifying and accounting for such revenues, auditing, and
4756
collecting taxes and fees consistent with this chapter.
4757
(e) Procedures for regulating, managing, and auditing the
4758
operation, financial data, and program information relating to
4759
slot machine gaming that allow the bureau division and the
4760
Division of Licensing and Department of Law Enforcement to audit
4761
the operation, financial data, and program information of a slot
4762
machine licensee, as required by the bureau division or the
4763
Division of Licensing and Department of Law Enforcement, and
4764
provide the bureau division and the Division of Licensing and
4765
Department of Law Enforcement with the ability to monitor, at any
4766
time on a real-time basis, wagering patterns, payouts, tax
4767
collection, and compliance with any rules adopted by the bureau
4768
division for the regulation and control of slot machines operated
4769
under this chapter. Such continuous and complete access, at any
4770
time on a real-time basis, shall include the ability of either
4771
the bureau division or the Division of Licensing and Department
4772
of Law Enforcement to suspend play immediately on particular slot
4773
machines if monitoring of the facilities-based computer system
4774
indicates possible tampering or manipulation of those slot
4775
machines or the ability to suspend play immediately of the entire
4776
operation if the tampering or manipulation is of the computer
4777
system itself. The bureau division shall notify the Division of
4778
Licensing and Department of Law Enforcement or the Division of
4779
Licensing and Department of Law Enforcement shall notify the
4780
bureau division, as appropriate, whenever there is a suspension
4781
of play under this paragraph. The bureau division and the
4782
Division of Licensing and Department of Law Enforcement shall
4783
exchange such information necessary for and cooperate in the
4784
investigation of the circumstances requiring suspension of play
4785
under this paragraph.
4786
(f) Procedures for requiring each licensee at his or her
4787
own cost and expense to supply the bureau division with a bond
4788
having the penal sum of $2 million payable to the Governor and
4789
his or her successors in office for each year of the licensee's
4790
slot machine operations. Any bond shall be issued by a surety or
4791
sureties approved by the bureau division and the Chief Financial
4792
Officer, conditioned to faithfully make the payments to the Chief
4793
Financial Officer in his or her capacity as treasurer of the
4794
bureau division. The licensee shall be required to keep its books
4795
and records and make reports as provided in this chapter and to
4796
conduct its slot machine operations in conformity with this
4797
chapter and all other provisions of law. Such bond shall be
4798
separate and distinct from the bond required in s. 550.125.
4799
(g) Procedures for requiring licensees to maintain
4800
specified records and submit any data, information, record, or
4801
report, including financial and income records, required by this
4802
chapter or determined by the bureau division to be necessary to
4803
the proper implementation and enforcement of this chapter.
4804
(h) A requirement that the payout percentage of a slot
4805
machine be no less than 85 percent.
4806
(i) Minimum standards for security of the facilities,
4807
including floor plans, security cameras, and other security
4808
equipment.
4809
(j) Procedures for requiring slot machine licensees to
4810
implement and establish drug-testing programs for all slot
4811
machine occupational licensees.
4812
(2) The bureau division shall conduct such investigations
4813
necessary to fulfill its responsibilities under the provisions of
4814
this chapter.
4815
(3) The Division of Licensing and Department of Law
4816
Enforcement and local law enforcement agencies shall have
4817
concurrent jurisdiction to investigate criminal violations of
4818
this chapter and may investigate any other criminal violation of
4819
law occurring at the facilities of a slot machine licensee, and
4820
such investigations may be conducted in conjunction with the
4821
appropriate state attorney.
4822
(4)(a) The bureau division, the Division of Licensing and
4823
Department of Law Enforcement, and local law enforcement agencies
4824
shall have unrestricted access to the slot machine licensee's
4825
facility at all times and shall require of each slot machine
4826
licensee strict compliance with the laws of this state relating
4827
to the transaction of such business. The bureau division, the
4828
Division of Licensing and Department of Law Enforcement, and
4829
local law enforcement agencies may:
4830
1. Inspect and examine premises where slot machines are
4831
offered for play.
4832
2. Inspect slot machines and related equipment and
4833
supplies.
4834
(b) In addition, the bureau division may:
4835
1. Collect taxes, assessments, fees, and penalties.
4836
2. Deny, revoke, suspend, or place conditions on the
4837
license of a person who violates any provision of this chapter or
4838
rule adopted pursuant thereto.
4839
(5) The bureau division shall revoke or suspend the license
4840
of any person who is no longer qualified or who is found, after
4841
receiving a license, to have been unqualified at the time of
4842
application for the license.
4843
(6) This section does not:
4844
(a) Prohibit the Division of Licensing and Department of
4845
Law Enforcement or any law enforcement authority whose
4846
jurisdiction includes a licensed facility from conducting
4847
investigations of criminal activities occurring at the facility
4848
of the slot machine licensee;
4849
(b) Restrict access to the slot machine licensee's facility
4850
by the Division of Licensing and Department of Law Enforcement or
4851
any local law enforcement authority whose jurisdiction includes
4852
the slot machine licensee's facility; or
4853
(c) Restrict access by the Division of Licensing and
4854
Department of Law Enforcement or local law enforcement
4855
authorities to information and records necessary to the
4856
investigation of criminal activity that are contained within the
4857
slot machine licensee's facility.
4858
Section 82. Section 551.104, Florida Statutes, is amended
4859
to read:
4860
551.104 License to conduct slot machine gaming.--
4861
(1) Upon application and a finding by the bureau division
4862
after investigation that the application is complete and the
4863
applicant is qualified and payment of the initial license fee,
4864
the bureau division may issue a license to conduct slot machine
4865
gaming in the designated slot machine gaming area of the eligible
4866
facility. Once licensed, slot machine gaming may be conducted
4867
subject to the requirements of this chapter and rules adopted
4868
pursuant thereto.
4869
(2) An application may be approved by the bureau division
4870
only after the voters of the county where the applicant's
4871
facility is located have authorized by referendum slot machines
4872
within pari-mutuel facilities in that county as specified in s.
4873
23, Art. X of the State Constitution.
4874
(3) A slot machine license may be issued only to a licensed
4875
pari-mutuel permitholder, and slot machine gaming may be
4876
conducted only at the eligible facility at which the permitholder
4877
is authorized under its valid pari-mutuel wagering permit to
4878
conduct pari-mutuel wagering activities.
4879
(4) As a condition of licensure and to maintain continued
4880
authority for the conduct of slot machine gaming, the slot
4881
machine licensee shall:
4882
(a) Continue to be in compliance with this chapter.
4883
(b) Continue to be in compliance with chapter 550, where
4884
applicable, and maintain the pari-mutuel permit and license in
4885
good standing pursuant to the provisions of chapter 550.
4886
Notwithstanding any contrary provision of law and in order to
4887
expedite the operation of slot machines at eligible facilities,
4888
any eligible facility shall be entitled within 60 days after the
4889
effective date of this act to amend its 2006-2007 pari-mutuel
4890
wagering operating license issued by the bureau division under
4892
license to the eligible facility to effectuate any approved
4893
change.
4894
(c) Conduct no fewer than a full schedule of live racing or
4895
games as defined in s. 550.002(11). A permitholder's
4896
responsibility to conduct such number of live races or games
4897
shall be reduced by the number of races or games that could not
4898
be conducted due to the direct result of fire, war, hurricane, or
4899
other disaster or event beyond the control of the permitholder.
4900
(d) Upon approval of any changes relating to the pari-
4901
mutuel permit by the bureau division, be responsible for
4902
providing appropriate current and accurate documentation on a
4903
timely basis to the bureau division in order to continue the slot
4904
machine license in good standing. Changes in ownership or
4905
interest of a slot machine license of 5 percent or more of the
4906
stock or other evidence of ownership or equity in the slot
4907
machine license or any parent corporation or other business
4908
entity that in any way owns or controls the slot machine license
4909
shall be approved by the bureau division prior to such change,
4910
unless the owner is an existing holder of that license who was
4911
previously approved by the bureau division. Changes in ownership
4912
or interest of a slot machine license of less than 5 percent,
4913
unless such change results in a cumulative total of 5 percent or
4914
more, shall be reported to the bureau division within 20 days
4915
after the change. The bureau division may then conduct an
4916
investigation to ensure that the license is properly updated to
4917
show the change in ownership or interest. No reporting is
4918
required if the person is holding 5 percent or less equity or
4919
securities of a corporate owner of the slot machine licensee that
4920
has its securities registered pursuant to s. 12 of the Securities
4921
Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and if such
4922
corporation or entity files with the United States Securities and
4923
Exchange Commission the reports required by s. 13 of that act or
4924
if the securities of the corporation or entity are regularly
4925
traded on an established securities market in the United States.
4926
A change in ownership or interest of less than 5 percent which
4927
results in a cumulative ownership or interest of 5 percent or
4928
more shall be approved by the bureau division prior to such
4929
change unless the owner is an existing holder of the license who
4930
was previously approved by the bureau division.
4931
(e) Allow the bureau division and the Division of Licensing
4932
and Department of Law Enforcement unrestricted access to and
4933
right of inspection of facilities of a slot machine licensee in
4934
which any activity relative to the conduct of slot machine gaming
4935
is conducted.
4936
(f) Ensure that the facilities-based computer system that
4937
the licensee will use for operational and accounting functions of
4938
the slot machine facility is specifically structured to
4939
facilitate regulatory oversight. The facilities-based computer
4940
system shall be designed to provide the bureau division and the
4941
Division of Licensing and Department of Law Enforcement with the
4942
ability to monitor, at any time on a real-time basis, the
4943
wagering patterns, payouts, tax collection, and such other
4944
operations as necessary to determine whether the facility is in
4945
compliance with statutory provisions and rules adopted by the
4946
bureau division for the regulation and control of slot machine
4947
gaming. The bureau division and the Division of Licensing and
4948
Department of Law Enforcement shall have complete and continuous
4949
access to this system. Such access shall include the ability of
4950
either the bureau division or the Division of Licensing and
4951
Department of Law Enforcement to suspend play immediately on
4952
particular slot machines if monitoring of the system indicates
4953
possible tampering or manipulation of those slot machines or the
4954
ability to suspend play immediately of the entire operation if
4955
the tampering or manipulation is of the computer system itself.
4956
The computer system shall be reviewed and approved by the bureau
4957
division to ensure necessary access, security, and functionality.
4958
The bureau division may adopt rules to provide for the approval
4959
process.
4960
(g) Ensure that each slot machine is protected from
4961
manipulation or tampering to affect the random probabilities of
4962
winning plays. The bureau division or the Division of Licensing
4963
and Department of Law Enforcement shall have the authority to
4964
suspend play upon reasonable suspicion of any manipulation or
4965
tampering. When play has been suspended on any slot machine, the
4966
bureau division or the Division of Licensing and Department of
4967
Law Enforcement may examine any slot machine to determine whether
4968
the machine has been tampered with or manipulated and whether the
4969
machine should be returned to operation.
4970
(h) Submit a security plan, including the facilities' floor
4971
plan, the locations of security cameras, and a listing of all
4972
security equipment that is capable of observing and
4973
electronically recording activities being conducted in the
4974
facilities of the slot machine licensee. The security plan must
4975
meet the minimum security requirements as determined by the
4976
bureau division under s. 551.103(1)(i) and be implemented prior
4977
to operation of slot machine gaming. The slot machine licensee's
4978
facilities must adhere to the security plan at all times. Any
4979
changes to the security plan must be submitted by the licensee to
4980
the bureau division prior to implementation. The bureau division
4981
shall furnish copies of the security plan and changes in the plan
4982
to the Division of Licensing and Department of Law Enforcement.
4983
(i) Create and file with the bureau division a written
4984
policy for:
4985
1. Creating opportunities to purchase from vendors in this
4986
state, including minority vendors.
4987
2. Creating opportunities for employment of residents of
4988
this state, including minority residents.
4989
3. Ensuring opportunities for construction services from
4990
minority contractors.
4991
4. Ensuring that opportunities for employment are offered
4992
on an equal, nondiscriminatory basis.
4993
5. Training for employees on responsible gaming and working
4994
with a compulsive or addictive gambling prevention program to
4995
further its purposes as provided for in s. 551.118.
4996
6. The implementation of a drug-testing program that
4997
includes, but is not limited to, requiring each employee to sign
4998
an agreement that he or she understands that the slot machine
4999
facility is a drug-free workplace.
5000
5001
The slot machine licensee shall use the Internet-based job-
5002
listing system of the Agency for Workforce Innovation in
5003
advertising employment opportunities. Beginning in June 2007,
5004
each slot machine licensee shall provide an annual report to the
5005
bureau division containing information indicating compliance with
5006
this paragraph in regard to minority persons.
5007
(j) Ensure that the payout percentage of a slot machine is
5008
no less than 85 percent.
5009
(5) A slot machine license is not transferable.
5010
(6) A slot machine licensee shall keep and maintain
5011
permanent daily records of its slot machine operation and shall
5012
maintain such records for a period of not less than 5 years.
5013
These records must include all financial transactions and contain
5014
sufficient detail to determine compliance with the requirements
5015
of this chapter. All records shall be available for audit and
5016
inspection by the bureau division, the Division of Licensing and
5017
Department of Law Enforcement, or other law enforcement agencies
5018
during the licensee's regular business hours.
5019
(7) A slot machine licensee shall file with the bureau
5020
division a monthly report containing the required records of such
5021
slot machine operation. The required reports shall be submitted
5022
on forms prescribed by the bureau division and shall be due at
5023
the same time as the monthly pari-mutuel reports are due to the
5024
bureau division, and the reports shall be deemed public records
5025
once filed.
5026
(8) A slot machine licensee shall file with the bureau
5027
division an audit of the receipt and distribution of all slot
5028
machine revenues provided by an independent certified public
5029
accountant verifying compliance with all financial and auditing
5030
provisions of this chapter and the associated rules adopted under
5031
this chapter. The audit must include verification of compliance
5032
with all statutes and rules regarding all required records of
5033
slot machine operations. Such audit shall be filed within 60 days
5034
after the completion of the permitholder's pari-mutuel meet.
5035
(9) The bureau division may share any information with the
5036
Division of Licensing and Department of Law Enforcement, any
5037
other law enforcement agency having jurisdiction over slot
5038
machine gaming or pari-mutuel activities, or any other state or
5039
federal law enforcement agency the bureau division or the
5040
Division of Licensing and Department of Law Enforcement deems
5041
appropriate. Any law enforcement agency having jurisdiction over
5042
slot machine gaming or pari-mutuel activities may share any
5043
information obtained or developed by it with the bureau division.
5044
(10)(a) A No slot machine license or renewal thereof may
5045
not shall be issued to an applicant holding a permit under
5046
chapter 550 to conduct pari-mutuel wagering meets of thoroughbred
5047
racing unless the applicant has on file with the bureau division
5048
a binding written agreement between the applicant and the Florida
5049
Horsemen's Benevolent and Protective Association, Inc., governing
5050
the payment of purses on live thoroughbred races conducted at the
5051
licensee's pari-mutuel facility. In addition, a no slot machine
5052
license or renewal thereof may not shall be issued to such an
5053
applicant unless the applicant has on file with the bureau
5054
division a binding written agreement between the applicant and
5055
the Florida Thoroughbred Breeders' Association, Inc., governing
5056
the payment of breeders', stallion, and special racing awards on
5057
live thoroughbred races conducted at the licensee's pari-mutuel
5058
facility. The agreement governing purses and the agreement
5059
governing awards may direct the payment of such purses and awards
5060
from revenues generated by any wagering or gaming the applicant
5061
is authorized to conduct under Florida law. All purses and awards
5062
shall be subject to the terms of chapter 550. All sums for
5063
breeders', stallion, and special racing awards shall be remitted
5064
monthly to the Florida Thoroughbred Breeders' Association, Inc.,
5065
for the payment of awards subject to the administrative fee
5066
authorized in s. 550.2625(3).
5067
(b) The bureau division shall suspend a slot machine
5068
license if one or more of the agreements required under paragraph
5069
(a) are terminated or otherwise cease to operate or if the bureau
5070
division determines that the licensee is materially failing to
5071
comply with the terms of such an agreement. Any such suspension
5072
shall take place in accordance with chapter 120.
5073
(c)1. If an agreement required under paragraph (a) cannot
5074
be reached prior to the initial issuance of the slot machine
5075
license, either party may request arbitration or, in the case of
5076
a renewal, if an agreement required under paragraph (a) is not in
5077
place 120 days prior to the scheduled expiration date of the slot
5078
machine license, the applicant shall immediately ask the American
5079
Arbitration Association to furnish a list of 11 arbitrators, each
5080
of whom shall have at least 5 years of commercial arbitration
5081
experience and no financial interest in or prior relationship
5082
with any of the parties or their affiliated or related entities
5083
or principals. Each required party to the agreement shall select
5084
a single arbitrator from the list provided by the American
5085
Arbitration Association within 10 days of receipt, and the
5086
individuals so selected shall choose one additional arbitrator
5087
from the list within the next 10 days.
5088
2. If an agreement required under paragraph (a) is not in
5089
place 60 days after the request under subparagraph 1. in the case
5090
of an initial slot machine license or, in the case of a renewal,
5091
60 days prior to the scheduled expiration date of the slot
5092
machine license, the matter shall be immediately submitted to
5093
mandatory binding arbitration to resolve the disagreement between
5094
the parties. The three arbitrators selected pursuant to
5095
subparagraph 1. shall constitute the panel that shall arbitrate
5096
the dispute between the parties pursuant to the American
5097
Arbitration Association Commercial Arbitration Rules and chapter
5098
682.
5099
3. At the conclusion of the proceedings, which shall be no
5100
later than 90 days after the request under subparagraph 1. in the
5101
case of an initial slot machine license or, in the case of a
5102
renewal, 30 days prior to the scheduled expiration date of the
5103
slot machine license, the arbitration panel shall present to the
5104
parties a proposed agreement that the majority of the panel
5105
believes equitably balances the rights, interests, obligations,
5106
and reasonable expectations of the parties. The parties shall
5107
immediately enter into such agreement, which shall satisfy the
5108
requirements of paragraph (a) and permit issuance of the pending
5109
annual slot machine license or renewal. The agreement produced by
5110
the arbitration panel under this subparagraph shall be effective
5111
until the last day of the license or renewal period or until the
5112
parties enter into a different agreement. Each party shall pay
5113
its respective costs of arbitration and shall pay one-half of the
5114
costs of the arbitration panel, unless the parties otherwise
5115
agree. If the agreement produced by the arbitration panel under
5116
this subparagraph remains in place 120 days prior to the
5117
scheduled issuance of the next annual license renewal, then the
5118
arbitration process established in this paragraph will begin
5119
again.
5120
4. In the event that neither of the agreements required
5121
under paragraph (a) are in place by the deadlines established in
5122
this paragraph, arbitration regarding each agreement will proceed
5123
independently, with separate lists of arbitrators, arbitration
5124
panels, arbitration proceedings, and resulting agreements.
5125
5. With respect to the agreement required under paragraph
5126
(a) governing the payment of purses, the arbitration and
5127
resulting agreement called for under this paragraph shall be
5128
limited to the payment of purses from slot machine revenues only.
5129
(d) If any provision of this subsection or its application
5130
to any person or circumstance is held invalid, the invalidity
5131
does not affect other provisions or applications of this
5132
subsection or chapter which can be given effect without the
5133
invalid provision or application, and to this end the provisions
5134
of this subsection are severable.
5135
Section 83. Section 551.1045, Florida Statutes, is amended
5136
to read:
5137
551.1045 Temporary licenses.--
5138
(1) Notwithstanding any provision of s. 120.60 to the
5139
contrary, the bureau division may issue a temporary occupational
5140
license upon the receipt of a complete application from the
5141
applicant and a determination that the applicant has not been
5142
convicted of or had adjudication withheld on any disqualifying
5143
criminal offense. The temporary occupational license remains
5144
valid until such time as the bureau division grants an
5145
occupational license or notifies the applicant of its intended
5146
decision to deny the applicant a license pursuant to the
5147
provisions of s. 120.60. The bureau division shall adopt rules to
5148
administer this subsection. However, not more than one temporary
5149
license may be issued for any person in any year.
5150
(2) A temporary license issued under this section is
5151
nontransferable.
5152
Section 84. Subsection (3) of section 551.105, Florida
5153
Statutes, is amended to read:
5154
551.105 Slot machine license renewal.--
5155
(3) Upon determination by the bureau division that the
5156
application for renewal is complete and qualifications have been
5157
met, including payment of the renewal fee, the slot machine
5158
license shall be renewed annually.
5159
Section 85. Section 551.106, Florida Statutes, is amended
5160
to read:
5161
551.106 License fee; tax rate; penalties.--
5162
(1) LICENSE FEE.--
5163
(a) Upon submission of the initial application for a slot
5164
machine license and annually thereafter, on the anniversary date
5165
of the issuance of the initial license, the licensee must pay to
5166
the bureau division a nonrefundable license fee of $3 million for
5167
the succeeding 12 months of licensure. The license fee shall be
5168
deposited into the Pari-mutuel Wagering Trust Fund of the
5169
Department of Gaming Control Business and Professional Regulation
5170
to be used by the bureau division and the Division of Licensing
5171
and Department of Law Enforcement for investigations, regulation
5172
of slot machine gaming, and enforcement of slot machine gaming
5173
provisions under this chapter. These payments shall be accounted
5174
for separately from taxes or fees paid pursuant to the provisions
5175
of chapter 550.
5176
(b) Prior to January 1, 2007, the division shall evaluate
5177
the license fee and shall make recommendations to the President
5178
of the Senate and the Speaker of the House of Representatives
5179
regarding the optimum level of slot machine license fees in order
5180
to adequately support the slot machine regulatory program.
5181
(2) TAX ON SLOT MACHINE REVENUES.--
5182
(a) The tax rate on slot machine revenues at each facility
5183
shall be 50 percent.
5184
(b) The slot machine revenue tax imposed by this section
5185
shall be paid to the bureau division for deposit into the Pari-
5186
mutuel Wagering Trust Fund for immediate transfer by the Chief
5187
Financial Officer for deposit into the Educational Enhancement
5188
Trust Fund of the Department of Education. Any interest earnings
5189
on the tax revenues shall also be transferred to the Educational
5190
Enhancement Trust Fund.
5191
(c)1. Funds transferred to the Educational Enhancement
5192
Trust Fund under paragraph (b) shall be used to supplement public
5193
education funding statewide.
5194
2. If necessary to comply with any covenant established
5196
funds transferred to the Educational Enhancement Trust Fund under
5197
paragraph (b) shall first be available to pay debt service on
5198
lottery bonds issued to fund school construction in the event
5199
lottery revenues are insufficient for such purpose or to satisfy
5200
debt service reserve requirements established in connection with
5201
lottery bonds. Moneys available pursuant to this subparagraph are
5202
subject to annual appropriation by the Legislature.
5203
(3) PAYMENT AND DISPOSITION OF TAXES.--Payment for the tax
5204
on slot machine revenues imposed by this section shall be paid to
5205
the bureau division. The bureau division shall deposit these sums
5206
with the Chief Financial Officer, to the credit of the Pari-
5207
mutuel Wagering Trust Fund. The slot machine licensee shall remit
5208
to the bureau division payment for the tax on slot machine
5209
revenues. Such payments shall be remitted by 3 p.m. Wednesday of
5210
each week for taxes imposed and collected for the preceding week
5211
ending on Sunday. The slot machine licensee shall file a report
5212
under oath by the 5th day of each calendar month for all taxes
5213
remitted during the preceding calendar month. Such payments shall
5214
be accompanied by a report under oath showing all slot machine
5215
gaming activities for the preceding calendar month and such other
5216
information as may be prescribed by the bureau division.
5217
(4) FAILURE TO PAY TAX; PENALTIES.--A slot machine licensee
5218
who fails to make tax payments as required under this section is
5219
subject to an administrative penalty of up to $10,000 for each
5220
day the tax payment is not remitted. All administrative penalties
5221
imposed and collected shall be deposited into the Pari-mutuel
5222
Wagering Trust Fund of the Department of Gaming Control Business
5223
and Professional Regulation. If any slot machine licensee fails
5224
to pay penalties imposed by order of the bureau division under
5225
this subsection, the bureau division may suspend, revoke, or
5226
refuse to renew the license of the slot machine licensee.
5227
(5) SUBMISSION OF FUNDS.--The bureau division may require
5228
slot machine licensees to remit taxes, fees, fines, and
5229
assessments by electronic funds transfer.
5230
Section 86. Subsections (2), (3), (4), (5), (6), (7), (8),
5231
(9), (10), and (11) of section 551.107, Florida Statutes, are
5232
amended to read:
5233
551.107 Slot machine occupational license; findings;
5234
application; fee.--
5235
(2)(a) The following slot machine occupational licenses
5236
shall be issued to persons or entities that, by virtue of the
5237
positions they hold, might be granted access to slot machine
5238
gaming areas or to any other person or entity in one of the
5239
following categories:
5240
1. General occupational licenses for general employees,
5241
including food service, maintenance, and other similar service
5242
and support employees having access to the slot machine gaming
5243
area.
5244
2. Professional occupational licenses for any person,
5245
proprietorship, partnership, corporation, or other entity that is
5246
authorized by a slot machine licensee to manage, oversee, or
5247
otherwise control daily operations as a slot machine manager, a
5248
floor supervisor, security personnel, or any other similar
5249
position of oversight of gaming operations, or any person who is
5250
not an employee of the slot machine licensee and who provides
5251
maintenance, repair, or upgrades or otherwise services a slot
5252
machine or other slot machine equipment.
5253
3. Business occupational licenses for any slot machine
5254
management company or company associated with slot machine
5255
gaming, any person who manufactures, distributes, or sells slot
5256
machines, slot machine paraphernalia, or other associated
5257
equipment to slot machine licensees, or any company that sells or
5258
provides goods or services associated with slot machine gaming to
5259
slot machine licensees.
5260
(b) The bureau division may issue one license to combine
5261
licenses under this section with pari-mutuel occupational
5262
licenses and cardroom licenses pursuant to s. 550.105(2)(b). The
5263
bureau division shall adopt rules pertaining to occupational
5264
licenses under this subsection. Such rules may specify, but need
5265
not be limited to, requirements and restrictions for licensed
5266
occupations and categories, procedures to apply for any license
5267
or combination of licenses, disqualifying criminal offenses for a
5268
licensed occupation or categories of occupations, and which types
5269
of occupational licenses may be combined into a single license
5270
under this section. The fingerprinting requirements of subsection
5271
(7) apply to any combination license that includes slot machine
5272
license privileges under this section. The bureau division may
5273
not adopt a rule allowing the issuance of an occupational license
5274
to any person who does not meet the minimum background
5275
qualifications under this section.
5276
(c) Slot machine occupational licenses are not
5277
transferable.
5278
(3) A slot machine licensee may not employ or otherwise
5279
allow a person to work at a licensed facility unless such person
5280
holds the appropriate valid occupational license. A slot machine
5281
licensee may not contract or otherwise do business with a
5282
business required to hold a slot machine occupational license
5283
unless the business holds such a license. A slot machine licensee
5284
may not employ or otherwise allow a person to work in a
5285
supervisory or management professional level at a licensed
5286
facility unless such person holds a valid slot machine
5287
occupational license. All slot machine occupational licensees,
5288
while present in slot machine gaming areas, shall display on
5289
their persons their occupational license identification cards.
5290
(4)(a) A person seeking a slot machine occupational license
5291
or renewal thereof shall make application on forms prescribed by
5292
the bureau division and include payment of the appropriate
5293
application fee. Initial and renewal applications for slot
5294
machine occupational licenses must contain all information that
5295
the bureau division, by rule, determines is required to ensure
5296
eligibility.
5297
(b) A slot machine license or combination license is valid
5298
for the same term as a pari-mutuel occupational license issued
5299
pursuant to s. 550.105(1).
5300
(c) Pursuant to rules adopted by the bureau division, any
5301
person may apply for and, if qualified, be issued a slot machine
5302
occupational license valid for a period of 3 years upon payment
5303
of the full occupational license fee for each of the 3 years for
5304
which the license is issued. The slot machine occupational
5305
license is valid during its specified term at any licensed
5306
facility where slot machine gaming is authorized to be conducted.
5307
(d) The slot machine occupational license fee for initial
5308
application and annual renewal shall be determined by rule of the
5309
bureau division but may not exceed $50 for a general or
5310
professional occupational license for an employee of the slot
5311
machine licensee or $1,000 for a business occupational license
5312
for nonemployees of the licensee providing goods or services to
5313
the slot machine licensee. License fees for general occupational
5314
licensees shall be paid by the slot machine licensee. Failure to
5315
pay the required fee constitutes grounds for disciplinary action
5316
by the bureau division against the slot machine licensee, but it
5317
is not a violation of this chapter or rules of the bureau
5318
division by the general occupational licensee and does not
5319
prohibit the initial issuance or the renewal of the general
5320
occupational license.
5321
(5) The bureau division may:
5322
(a) Deny an application for, or revoke, suspend, or place
5323
conditions or restrictions on, a license of a person or entity
5324
that has been refused a license by any other state gaming
5325
commission, governmental department, agency, or other authority
5326
exercising regulatory jurisdiction over the gaming of another
5327
state or jurisdiction; or
5328
(b) Deny an application for, or suspend or place conditions
5329
on, a license of any person or entity that is under suspension or
5330
has unpaid fines in another state or jurisdiction.
5331
(6)(a) The bureau division may deny, suspend, revoke, or
5332
refuse to renew any slot machine occupational license if the
5333
applicant for such license or the licensee has violated the
5334
provisions of this chapter or the rules of the bureau division
5335
governing the conduct of persons connected with slot machine
5336
gaming. In addition, the bureau division may deny, suspend,
5337
revoke, or refuse to renew any slot machine occupational license
5338
if the applicant for such license or the licensee has been
5339
convicted in this state, in any other state, or under the laws of
5340
the United States of a capital felony, a felony, or an offense in
5341
any other state that would be a felony under the laws of this
5342
state involving arson; trafficking in, conspiracy to traffic in,
5343
smuggling, importing, conspiracy to smuggle or import, or
5344
delivery, sale, or distribution of a controlled substance;
5345
racketeering; or a crime involving a lack of good moral
5346
character, or has had a gaming license revoked by this state or
5347
any other jurisdiction for any gaming-related offense.
5348
(b) The bureau division may deny, revoke, or refuse to
5349
renew any slot machine occupational license if the applicant for
5350
such license or the licensee has been convicted of a felony or
5351
misdemeanor in this state, in any other state, or under the laws
5352
of the United States if such felony or misdemeanor is related to
5353
gambling or bookmaking as described in s. 849.25.
5354
(c) For purposes of this subsection, the term "convicted"
5355
means having been found guilty, with or without adjudication of
5356
guilt, as a result of a jury verdict, nonjury trial, or entry of
5357
a plea of guilty or nolo contendere.
5358
(7) Fingerprints for all slot machine occupational license
5359
applications shall be taken in a manner approved by the bureau
5360
division and shall be submitted electronically to the Division of
5361
Licensing and Department of Law Enforcement for state processing
5362
and the Federal Bureau of Investigation for national processing
5363
for a criminal history record check. All persons as specified in
5364
s. 550.1815(1)(a) employed by or working within a licensed
5365
premises shall submit fingerprints for a criminal history record
5366
check and may not have been convicted of any disqualifying
5367
criminal offenses specified in subsection (6). Bureau Division
5368
employees and law enforcement officers assigned by their
5369
employing agencies to work within the premises as part of their
5370
official duties are excluded from the criminal history record
5371
check requirements under this subsection. For purposes of this
5372
subsection, the term "convicted" means having been found guilty,
5373
with or without adjudication of guilt, as a result of a jury
5374
verdict, nonjury trial, or entry of a plea of guilty or nolo
5375
contendere.
5376
(a) Fingerprints shall be taken in a manner approved by the
5377
bureau division upon initial application, or as required
5378
thereafter by rule of the bureau division, and shall be submitted
5379
electronically to the Department of Law Enforcement for state
5380
processing. The Division of Licensing and Department of Law
5381
Enforcement shall forward the fingerprints to the Federal Bureau
5382
of Investigation for national processing. The results of the
5383
criminal history record check shall be returned to the bureau
5384
division for purposes of screening. Licensees shall provide
5385
necessary equipment approved by the Division of Licensing and
5386
Department of Law Enforcement to facilitate such electronic
5387
submission. The bureau division requirements under this
5388
subsection shall be instituted in consultation with the Division
5389
of Licensing and Department of Law Enforcement.
5390
(b) The cost of processing fingerprints and conducting a
5391
criminal history record check for a general occupational license
5392
shall be borne by the slot machine licensee. The cost of
5393
processing fingerprints and conducting a criminal history record
5394
check for a business or professional occupational license shall
5395
be borne by the person being checked. The Division of Licensing
5396
and Department of Law Enforcement may invoice the bureau division
5397
for the fingerprints submitted each month.
5398
(c) All fingerprints submitted to the Division of Licensing
5399
and Department of Law Enforcement and required by this section
5400
shall be retained by the Division of Licensing and Department of
5401
Law Enforcement and entered into the statewide automated
5402
fingerprint identification system as authorized by s.
5403
943.05(2)(b) and shall be available for all purposes and uses
5404
authorized for arrest fingerprint cards entered into the
5405
statewide automated fingerprint identification system pursuant to
5406
s. 943.051.
5407
(d) The Division of Licensing and Department of Law
5408
Enforcement shall search all arrest fingerprints received
5409
pursuant to s. 943.051 against the fingerprints retained in the
5410
statewide automated fingerprint identification system under
5411
paragraph (c). Any arrest record that is identified with the
5412
retained fingerprints of a person subject to the criminal history
5413
screening requirements of this section shall be reported to the
5414
bureau division. Each licensed facility shall pay a fee to the
5415
bureau division for the cost of retention of the fingerprints and
5416
the ongoing searches under this paragraph. The bureau division
5417
shall forward the payment to the Division of Licensing and
5418
Department of Law Enforcement. The amount of the fee to be
5419
imposed for performing these searches and the procedures for the
5420
retention of licensee fingerprints shall be as established by
5421
rule of the Division of Licensing and Department of Law
5422
Enforcement. The bureau division shall inform the Division of
5423
Licensing and Department of Law Enforcement of any change in the
5424
license status of licensees whose fingerprints are retained under
5425
paragraph (c).
5426
(e) The bureau division shall request the Department of Law
5427
Enforcement to forward the fingerprints to the Federal Bureau of
5428
Investigation for a national criminal history records check every
5429
3 years following issuance of a license. If the fingerprints of a
5430
person who is licensed have not been retained by the Division of
5431
Licensing and Department of Law Enforcement, the person must file
5432
a complete set of fingerprints as provided for in paragraph (a).
5433
The bureau division shall collect the fees for the cost of the
5434
national criminal history record check under this paragraph and
5435
shall forward the payment to the Division of Licensing and
5436
Department of Law Enforcement. The cost of processing
5437
fingerprints and conducting a criminal history record check under
5438
this paragraph for a general occupational license shall be borne
5439
by the slot machine licensee. The cost of processing fingerprints
5440
and conducting a criminal history record check under this
5441
paragraph for a business or professional occupational license
5442
shall be borne by the person being checked. The Division of
5443
Licensing and Department of Law Enforcement may invoice the
5444
bureau division for the fingerprints submitted each month. Under
5445
penalty of perjury, each person who is licensed or who is
5446
fingerprinted as required by this section must agree to inform
5447
the bureau division within 48 hours if he or she is convicted of
5448
or has entered a plea of guilty or nolo contendere to any
5449
disqualifying offense, regardless of adjudication.
5450
(8) All moneys collected pursuant to this section shall be
5451
deposited into the Pari-mutuel Wagering Trust Fund.
5452
(9) The bureau division may deny, revoke, or suspend any
5453
occupational license if the applicant or holder of the license
5454
accumulates unpaid obligations, defaults in obligations, or
5455
issues drafts or checks that are dishonored or for which payment
5456
is refused without reasonable cause.
5457
(10) The bureau division may fine or suspend, revoke, or
5458
place conditions upon the license of any licensee who provides
5459
false information under oath regarding an application for a
5460
license or an investigation by the bureau division.
5461
(11) The bureau division may impose a civil fine of up to
5462
$5,000 for each violation of this chapter or the rules of the
5463
bureau division in addition to or in lieu of any other penalty
5464
provided for in this section. The bureau division may adopt a
5465
penalty schedule for violations of this chapter or any rule
5466
adopted pursuant to this chapter for which it would impose a fine
5467
in lieu of a suspension and adopt rules allowing for the issuance
5468
of citations, including procedures to address such citations, to
5469
persons who violate such rules. In addition to any other penalty
5470
provided by law, the bureau division may exclude from all
5471
licensed slot machine facilities in this state, for a period not
5472
to exceed the period of suspension, revocation, or ineligibility,
5473
any person whose occupational license application has been
5474
declared ineligible to hold an occupational license or whose
5475
occupational license has been suspended or revoked by the bureau
5476
division.
5477
Section 87. Section 551.108, Florida Statutes, is amended
5478
to read:
5479
551.108 Prohibited relationships.--
5480
(1) A person employed by or performing any function on
5481
behalf of the bureau division may not:
5482
(a) Be an officer, director, owner, or employee of any
5483
person or entity licensed by the bureau division.
5484
(b) Have or hold any interest, direct or indirect, in or
5485
engage in any commerce or business relationship with any person
5486
licensed by the bureau division.
5487
(2) A manufacturer or distributor of slot machines may not
5488
enter into any contract with a slot machine licensee that
5489
provides for any revenue sharing of any kind or nature that is
5490
directly or indirectly calculated on the basis of a percentage of
5491
slot machine revenues. Any maneuver, shift, or device whereby
5492
this subsection is violated is a violation of this chapter and
5493
renders any such agreement void.
5494
(3) A manufacturer or distributor of slot machines or any
5495
equipment necessary for the operation of slot machines or an
5496
officer, director, or employee of any such manufacturer or
5497
distributor may not have any ownership or financial interest in a
5498
slot machine license or in any business owned by the slot machine
5499
licensee.
5500
(4) An employee of the bureau division or relative living
5501
in the same household as such employee of the bureau division may
5502
not wager at any time on a slot machine located at a facility
5503
licensed by the bureau division.
5504
(5) An occupational licensee or relative living in the same
5505
household as such occupational licensee may not wager at any time
5506
on a slot machine located at a facility where that person is
5507
employed.
5508
Section 88. Subsections (2) and (7) of section 551.109,
5509
Florida Statutes, are amended to read:
5510
551.109 Prohibited acts; penalties.--
5511
(2) Except as otherwise provided by law and in addition to
5512
any other penalty, any person who possesses a slot machine
5513
without the license required by this chapter or who possesses a
5514
slot machine at any location other than at the slot machine
5515
licensee's facility is subject to an administrative fine or civil
5516
penalty of up to $10,000 per machine. The prohibition in this
5517
subsection does not apply to:
5518
(a) Slot machine manufacturers or slot machine distributors
5519
that hold appropriate licenses issued by the bureau division who
5520
are authorized to maintain a slot machine storage and maintenance
5521
facility at any location in a county in which slot machine gaming
5522
is authorized by this chapter. The bureau division may adopt
5523
rules regarding security and access to the storage facility and
5524
inspections by the bureau division.
5525
(b) Certified educational facilities that are authorized to
5526
maintain slot machines for the sole purpose of education and
5527
licensure, if any, of slot machine technicians, inspectors, or
5528
investigators. The bureau division and the Division of Licensing
5529
and Department of Law Enforcement may possess slot machines for
5530
training and testing purposes. The bureau division may adopt
5531
rules regarding the regulation of any such slot machines used for
5532
educational, training, or testing purposes.
5533
(7) All penalties imposed and collected under this section
5534
must be deposited into the Pari-mutuel Wagering Trust Fund of the
5535
Department of Gaming Control Business and Professional
5536
Regulation.
5537
Section 89. Section 551.112, Florida Statutes, is amended
5538
to read:
5539
551.112 Exclusions of certain persons.--In addition to the
5540
power to exclude certain persons from any facility of a slot
5541
machine licensee in this state, the bureau division may exclude
5542
any person from any facility of a slot machine licensee in this
5543
state for conduct that would constitute, if the person were a
5544
licensee, a violation of this chapter or the rules of the bureau
5545
division. The bureau division may exclude from any facility of a
5546
slot machine licensee any person who has been ejected from a
5547
facility of a slot machine licensee in this state or who has been
5548
excluded from any facility of a slot machine licensee or gaming
5549
facility in another state by the governmental department, agency,
5550
commission, or authority exercising regulatory jurisdiction over
5551
the gaming in such other state. This section does not abrogate
5552
the common law right of a slot machine licensee to exclude a
5553
patron absolutely in this state.
5554
Section 90. Subsections (3) and (5) of section 551.114,
5555
Florida Statutes, are amended to read:
5556
551.114 Slot machine gaming areas.--
5557
(3) The bureau division shall require the posting of signs
5558
warning of the risks and dangers of gambling, showing the odds of
5559
winning, and informing patrons of the toll-free telephone number
5560
available to provide information and referral services regarding
5561
compulsive or problem gambling.
5562
(5) The permitholder shall provide adequate office space at
5563
no cost to the bureau division and the Division of Licensing and
5564
Department of Law Enforcement for the oversight of slot machine
5565
operations. The bureau division shall adopt rules establishing
5566
the criteria for adequate space, configuration, and location and
5567
needed electronic and technological requirements for office space
5568
required by this subsection.
5569
Section 91. Section 551.117, Florida Statutes, is amended
5570
to read:
5571
551.117 Penalties.--The bureau division may revoke or
5572
suspend any slot machine license issued under this chapter upon
5573
the willful violation by the slot machine licensee of any
5574
provision of this chapter or of any rule adopted under this
5575
chapter. In lieu of suspending or revoking a slot machine
5576
license, the bureau division may impose a civil penalty against
5577
the slot machine licensee for a violation of this chapter or any
5578
rule adopted by the bureau division. Except as otherwise provided
5579
in this chapter, the penalty so imposed may not exceed $100,000
5580
for each count or separate offense. All penalties imposed and
5581
collected must be deposited into the Pari-mutuel Wagering Trust
5582
Fund of the Department of Gaming Control Business and
5583
Professional Regulation.
5584
Section 92. Section 551.118, Florida Statutes, is amended
5585
to read:
5586
551.118 Compulsive or addictive gambling prevention
5587
program.--
5588
(1) The slot machine licensee shall offer training to
5589
employees on responsible gaming and shall work with a compulsive
5590
or addictive gambling prevention program to recognize problem
5591
gaming situations and to implement responsible gaming programs
5592
and practices.
5593
(2) The bureau division shall, subject to competitive
5594
bidding, contract for provision of services related to the
5595
prevention of compulsive and addictive gambling. The contract
5596
shall provide for an advertising program to encourage responsible
5597
gaming practices and to publicize a gambling telephone help line.
5598
Such advertisements must be made both publicly and inside the
5599
designated slot machine gaming areas of the licensee's
5600
facilities. The terms of any contract for the provision of such
5601
services shall include accountability standards that must be met
5602
by any private provider. The failure of any private provider to
5603
meet any material terms of the contract, including the
5604
accountability standards, shall constitute a breach of contract
5605
or grounds for nonrenewal. The bureau division may consult with
5606
the Division Department of the Lottery within the Department of
5607
Gaming Control in the development of the program and the
5608
development and analysis of any procurement for contractual
5609
services for the compulsive or addictive gambling prevention
5610
program.
5611
(3) The compulsive or addictive gambling prevention program
5612
shall be funded from an annual nonrefundable regulatory fee of
5613
$250,000 paid by the licensee to the bureau division.
5614
Section 93. Paragraph (c) of subsection (4) of section
5615
551.121, Florida Statutes, is amended to read:
5616
551.121 Prohibited activities and devices; exceptions.--
5617
(4)
5618
(c) Outside the designated slot machine gaming areas, a
5619
slot machine licensee or operator may accept or cash a check for
5620
an employee of the facility who is prohibited from wagering on a
5621
slot machine under s. 551.108(5), a check made directly payable
5622
to a person licensed by the bureau division, or a check made
5623
directly payable to the slot machine licensee or operator from:
5624
1. A pari-mutuel patron; or
5625
2. A pari-mutuel facility in this state or in another
5626
state.
5627
Section 94. Section 551.122, Florida Statutes, is amended
5628
to read:
5629
551.122 Rulemaking.--The bureau division may adopt rules
5631
provisions of this chapter.
5632
Section 95. Section 551.123, Florida Statutes, is amended
5633
to read:
5634
551.123 Legislative authority; administration of
5635
chapter.--The Legislature finds and declares that it has
5636
exclusive authority over the conduct of all wagering occurring at
5637
a slot machine facility in this state. As provided by law, only
5638
the Bureau of Slot Machines division of Pari-mutuel Wagering and
5639
other authorized state agencies shall administer this chapter and
5640
regulate the slot machine gaming industry, including operation of
5641
slot machine facilities, games, slot machines, and facilities-
5642
based computer systems authorized in this chapter and the rules
5643
adopted by the bureau division.
5644
Section 96. Section 616.09, Florida Statutes, is amended to
5645
read:
5646
616.09 Not authorized to carry on gambling, etc.;
5647
forfeiture of charter for violations; annulment
5648
proceedings.--Nothing in This chapter does not shall be held or
5649
construed to authorize or permit any fair association to carry
5650
on, conduct, supervise, permit, or suffer any gambling or game of
5651
chance, lottery, betting, or other act in violation of the
5652
criminal laws of the state; and nothing in this chapter does not
5653
shall permit horseracing or dogracing or any other pari-mutuel
5654
wagering, for money or upon which money is placed. Any fair
5655
association which violates any such law or which knowingly
5656
permits the violation of any such law is subject to forfeiture of
5657
its charter; and if any citizen complains to the Bureau of
5658
Prosecution of the Division of Licensing and Enforcement within
5659
the Department of Gaming Control Department of Legal Affairs that
5660
the association was organized for or is being used as a cover to
5661
evade any of the laws of Florida against crime, and submits prima
5662
facie evidence to sustain the charge, the Bureau of Prosecution
5663
Department of Legal Affairs shall institute, and in due time
5664
prosecute to final judgment, such proceedings as may be necessary
5665
to annul the charter and incorporation of the association. A writ
5666
of injunction or other extraordinary process shall be issued by a
5667
court of competent jurisdiction on the application of the Bureau
5668
of Prosecution Department of Legal Affairs on complaint pending
5669
the annulment proceeding and in aid thereof, and the case shall
5670
be given precedence over all civil cases pending in that court
5671
and shall be heard and disposed of with as little delay as
5672
practicable.
5673
Section 97. Subsection (9) of section 616.241, Florida
5674
Statutes, is amended to read:
5675
616.241 Trade standards for operation at public fairs and
5676
expositions.--Trade standards for the operation of shows or games
5677
in connection with public fairs and expositions are as follows:
5678
(9) VIOLATIONS; REPORTING.--Florida law forbids lotteries,
5679
gambling, raffles, and other games of chance at community,
5680
county, district, state, regional, or interstate fairs and
5681
specialized shows. Enforcement is the responsibility of the
5682
Department of Gaming Control local boards and authorities.
5683
Section 98. Section 849.086, Florida Statutes, is amended
5684
to read:
5685
849.086 Cardrooms authorized.--
5686
(1) LEGISLATIVE INTENT.--It is the intent of the
5687
Legislature to provide additional entertainment choices for the
5688
residents of and visitors to the state, promote tourism in the
5689
state, and provide additional state revenues through the
5690
authorization of the playing of certain games in the state at
5691
facilities known as cardrooms which are to be located at licensed
5692
pari-mutuel facilities. To ensure the public confidence in the
5693
integrity of authorized cardroom operations, this act is designed
5694
to strictly regulate the facilities, persons, and procedures
5695
related to cardroom operations. Furthermore, the Legislature
5696
finds that authorized games as herein defined are considered to
5697
be pari-mutuel style games and not casino gaming because the
5698
participants play against each other instead of against the
5699
house.
5700
(2) DEFINITIONS.--As used in this section:
5701
(a) "Authorized game" means a game or series of games of
5702
poker or dominoes which are played in a nonbanking manner.
5703
(b) "Banking game" means a game in which the house is a
5704
participant in the game, taking on players, paying winners, and
5705
collecting from losers or in which the cardroom establishes a
5706
bank against which participants play.
5707
(c) "Cardroom" means a facility where authorized games are
5708
played for money or anything of value and to which the public is
5709
invited to participate in such games and charged a fee for
5710
participation by the operator of such facility. Authorized games
5711
and cardrooms do not constitute casino gaming operations.
5712
(d) "Cardroom management company" means any individual not
5713
an employee of the cardroom operator, any proprietorship,
5714
partnership, corporation, or other entity that enters into an
5715
agreement with a cardroom operator to manage, operate, or
5716
otherwise control the daily operation of a cardroom.
5717
(e) "Cardroom distributor" means any business that
5718
distributes cardroom paraphernalia such as card tables, betting
5719
chips, chip holders, dominoes, dominoes tables, drop boxes,
5720
banking supplies, playing cards, card shufflers, and other
5721
associated equipment to authorized cardrooms.
5722
(f) "Cardroom operator" means a licensed pari-mutuel
5723
permitholder which holds a valid permit and license issued by the
5724
bureau division pursuant to chapter 550 and which also holds a
5725
valid cardroom license issued by the bureau division pursuant to
5726
this section which authorizes such person to operate a cardroom
5727
and to conduct authorized games in such cardroom.
5728
(g) "Division" means the Division of Gambling Oversight
5729
Pari-mutuel Wagering of the Department of Gaming Control Business
5730
and Professional Regulation.
5731
(h) "Dominoes" means a game of dominoes typically played
5732
with a set of 28 flat rectangular blocks, called "bones," which
5733
are marked on one side and divided into two equal parts, with
5734
zero to six dots, called "pips," in each part. The term also
5735
includes larger sets of blocks that contain a correspondingly
5736
higher number of pips. The term also means the set of blocks used
5737
to play the game.
5738
(i) "Gross receipts" means the total amount of money
5739
received by a cardroom from any person for participation in
5740
authorized games.
5741
(j) "House" means the cardroom operator and all employees
5742
of the cardroom operator.
5743
(k) "Net proceeds" means the total amount of gross receipts
5744
received by a cardroom operator from cardroom operations less
5745
direct operating expenses related to cardroom operations,
5746
including labor costs, admission taxes only if a separate
5747
admission fee is charged for entry to the cardroom facility,
5748
gross receipts taxes imposed on cardroom operators by this
5749
section, the annual cardroom license fees imposed by this section
5750
on each table operated at a cardroom, and reasonable promotional
5751
costs excluding officer and director compensation, interest on
5752
capital debt, legal fees, real estate taxes, bad debts,
5753
contributions or donations, or overhead and depreciation expenses
5754
not directly related to the operation of the cardrooms.
5755
(l) "Rake" means a set fee or percentage of the pot
5756
assessed by a cardroom operator for providing the services of a
5757
dealer, table, or location for playing the authorized game.
5758
(m) "Tournament" means a series of games that have more
5759
than one betting round involving one or more tables and where the
5760
winners or others receive a prize or cash award.
5761
(n) "Bureau" means the Bureau of Cardrooms within the
5762
Division of Gambling Oversight of the Department of Gaming
5763
Control.
5764
(3) CARDROOM AUTHORIZED.--Notwithstanding any other
5765
provision of law, it is not a crime for a person to participate
5766
in an authorized game at a licensed cardroom or to operate a
5767
cardroom described in this section if such game and cardroom
5768
operation are conducted strictly in accordance with the
5769
provisions of this section.
5770
(4) AUTHORITY OF BUREAU DIVISION.--The Bureau division of
5771
Cardrooms within the Division of Gambling Oversight Pari-mutuel
5772
Wagering of the Department of Gaming Control Business and
5773
Professional Regulation shall administer this section and
5774
regulate the operation of cardrooms under this section and the
5775
rules adopted pursuant thereto, and is hereby authorized to:
5776
(a) Adopt rules, including, but not limited to: the
5777
issuance of cardroom and employee licenses for cardroom
5778
operations; the operation of a cardroom; recordkeeping and
5779
reporting requirements; and the collection of all fees and taxes
5780
imposed by this section.
5781
(b) Conduct investigations and monitor the operation of
5782
cardrooms and the playing of authorized games therein.
5783
(c) Review the books, accounts, and records of any current
5784
or former cardroom operator.
5785
(d) Suspend or revoke any license or permit, after hearing,
5786
for any violation of the provisions of this section or the
5787
administrative rules adopted pursuant thereto.
5788
(e) Take testimony, issue summons and subpoenas for any
5789
witness, and issue subpoenas duces tecum in connection with any
5790
matter within its jurisdiction.
5791
(f) Monitor and ensure the proper collection of taxes and
5792
fees imposed by this section. Permitholder internal controls are
5793
mandated to ensure no compromise of state funds. To that end, a
5794
roaming bureau division auditor will monitor and verify the cash
5795
flow and accounting of cardroom revenue for any given operating
5796
day.
5797
(5) LICENSE REQUIRED; APPLICATION; FEES.--A No person may
5798
not operate a cardroom in this state unless the such person holds
5799
a valid cardroom license issued pursuant to this section.
5800
(a) Only those persons holding a valid cardroom license
5801
issued by the bureau division may operate a cardroom. A cardroom
5802
license may only be issued to a licensed pari-mutuel permitholder
5803
and an authorized cardroom may only be operated at the same
5804
facility at which the permitholder is authorized under its valid
5805
pari-mutuel wagering permit to conduct pari-mutuel wagering
5806
activities.
5807
(b) After the initial cardroom license is granted, the
5808
application for the annual license renewal shall be made in
5809
conjunction with the applicant's annual application for its pari-
5810
mutuel license. If a permitholder has operated a cardroom during
5811
any of the 3 previous fiscal years and fails to include a renewal
5812
request for the operation of the cardroom in its annual
5813
application for license renewal, the permitholder may amend its
5814
annual application to include operation of the cardroom. In order
5815
for a cardroom license to be renewed the applicant must have
5816
requested, as part of its pari-mutuel annual license application,
5817
to conduct at least 90 percent of the total number of live
5818
performances conducted by such permitholder during either the
5819
state fiscal year in which its initial cardroom license was
5820
issued or the state fiscal year immediately prior thereto. If the
5821
application is for a harness permitholder cardroom, the applicant
5822
must have requested authorization to conduct a minimum of 140
5823
live performances during the state fiscal year immediately prior
5824
thereto. If more than one permitholder is operating at a
5825
facility, each permitholder must have applied for a license to
5826
conduct a full schedule of live racing.
5827
(c) Persons seeking a license or a renewal thereof to
5828
operate a cardroom shall make application on forms prescribed by
5829
the bureau division. Applications for cardroom licenses shall
5830
contain all of the information the bureau division, by rule, may
5831
determine is required to ensure eligibility.
5832
(d) The annual cardroom license fee for each facility shall
5833
be $1,000 for each table to be operated at the cardroom. The
5834
license fee shall be deposited by the bureau division with the
5835
Chief Financial Officer to the credit of the Pari-mutuel Wagering
5836
Trust Fund.
5837
(6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
5838
APPLICATION; FEES.--
5839
(a) A person employed or otherwise working in a cardroom as
5840
a cardroom manager, floor supervisor, pit boss, dealer, or any
5841
other activity related to cardroom operations while the facility
5842
is conducting card playing or games of dominoes must hold a valid
5843
cardroom employee occupational license issued by the bureau
5844
division. Food service, maintenance, and security employees with
5845
a current pari-mutuel occupational license and a current
5846
background check will not be required to have a cardroom employee
5847
occupational license.
5848
(b) Any cardroom management company or cardroom distributor
5849
associated with cardroom operations must hold a valid cardroom
5850
business occupational license issued by the bureau division.
5851
(c) A No licensed cardroom operator may not employ or allow
5852
to work in a cardroom any person unless the such person holds a
5853
valid occupational license. No licensed cardroom operator may
5854
contract, or otherwise do business with, a business required to
5855
hold a valid cardroom business occupational license, unless the
5856
business holds such a valid license.
5857
(d) The bureau division shall establish, by rule, a
5858
schedule for the annual renewal of cardroom occupational
5859
licenses. Cardroom occupational licenses are not transferable.
5860
(e) Persons seeking cardroom occupational licenses, or
5861
renewal thereof, shall make application on forms prescribed by
5862
the bureau division. Applications for cardroom occupational
5863
licenses shall contain all of the information the bureau
5864
division, by rule, may determine is required to ensure
5865
eligibility.
5866
(f) The bureau division shall adopt promulgate rules
5867
regarding cardroom occupational licenses. The provisions
5868
specified in s. 550.105(4), (5), (6), (7), (8), and (10) relating
5869
to licensure shall be applicable to cardroom occupational
5870
licenses.
5871
(g) The bureau division may deny, declare ineligible, or
5872
revoke any cardroom occupational license if the applicant or
5873
holder thereof has been found guilty or had adjudication withheld
5874
in this state or any other state, or under the laws of the United
5875
States of a felony or misdemeanor involving forgery, larceny,
5876
extortion, conspiracy to defraud, or filing false reports to a
5877
government agency, racing or gaming commission or authority.
5878
(h) Fingerprints for all cardroom occupational license
5879
applications shall be taken in a manner approved by the bureau
5880
division and then shall be submitted to the Florida Department of
5881
Law Enforcement and the Federal Bureau of Investigation for a
5882
criminal records check upon initial application and every 5 years
5883
thereafter. The bureau division may by rule require an annual
5884
record check of all renewal applications for a cardroom
5885
occupational license. The cost of processing fingerprints and
5886
conducting a record check shall be borne by the applicant.
5887
(i) The cardroom employee occupational license fee shall be
5888
$50. The cardroom business occupational license fee shall be
5889
$250.
5890
(7) CONDITIONS FOR OPERATING A CARDROOM.--
5891
(a) A cardroom may be operated only at the location
5892
specified on the cardroom license issued by the bureau division,
5893
and such location may only be the location at which the pari-
5894
mutuel permitholder is authorized to conduct pari-mutuel wagering
5895
activities pursuant to such permitholder's valid pari-mutuel
5896
permit or as otherwise authorized by law.
5897
(b) Any horserace, greyhound race, or jai alai permitholder
5898
licensed under this section may operate a cardroom at the pari-
5899
mutuel facility on any day for a cumulative amount of 12 hours if
5900
the permitholder meets the requirements under paragraph (5)(b).
5901
(c) A cardroom operator must at all times employ and
5902
provide a nonplaying dealer for each table on which authorized
5903
card games which traditionally use a dealer are conducted at the
5904
cardroom. Such dealers may not have a participatory interest in
5905
any game other than the dealing of cards and may not have an
5906
interest in the outcome of the game. The providing of such
5907
dealers by a licensee does not constitute the conducting of a
5908
banking game by the cardroom operator.
5909
(d) A cardroom operator may award giveaways, jackpots, and
5910
prizes to a player who holds certain combinations of cards
5911
specified by the cardroom operator.
5912
(e) Each cardroom operator shall conspicuously post upon
5913
the premises of the cardroom a notice which contains a copy of
5914
the cardroom license; a list of authorized games offered by the
5915
cardroom; the wagering limits imposed by the house, if any; any
5916
additional house rules regarding operation of the cardroom or the
5917
playing of any game; and all costs to players to participate,
5918
including any rake by the house. In addition, each cardroom
5919
operator shall post at each table a notice of the minimum and
5920
maximum bets authorized at such table and the fee for
5921
participation in the game conducted.
5922
(f) The cardroom facility is subject to inspection by the
5923
bureau division or any law enforcement agency during the
5924
licensee's regular business hours. The inspection must
5925
specifically include the permitholder internal control procedures
5926
approved by the bureau division.
5927
(g) A cardroom operator may refuse entry to or refuse to
5928
allow any person who is objectionable, undesirable, or disruptive
5929
to play, but such refusal may not be on the basis of race, creed,
5930
color, religion, gender, national origin, marital status,
5931
physical handicap, or age, except as provided in this section.
5932
(8) METHOD OF WAGERS; LIMITATION.--
5933
(a) No wagering may be conducted using money or other
5934
negotiable currency. Games may only be played utilizing a
5935
wagering system whereby all players' money is first converted by
5936
the house to tokens or chips which shall be used for wagering
5937
only at that specific cardroom.
5938
(b) The cardroom operator may limit the amount wagered in
5939
any game or series of games, but the maximum bet may not exceed
5940
$5 in value. There may not be more than three raises in any round
5941
of betting. The fee charged by the cardroom for participation in
5942
the game shall not be included in the calculation of the
5943
limitation on the bet amount provided in this paragraph. However,
5944
a cardroom operator may conduct games of Texas Hold-em without a
5945
betting limit if the required player buy-in is no more than $100.
5946
(c) A tournament shall consist of a series of games. The
5947
entry fee for a tournament, including any re-buys, may not exceed
5948
the maximum amount that could be wagered by a participant in 10
5949
like-kind, nontournament games under paragraph (b). Tournaments
5950
may be played only with tournament chips that are provided to all
5951
participants in exchange for an entry fee and any subsequent re-
5952
buys. All players must receive an equal number of tournament
5953
chips for their entry fee. Tournament chips have no cash value
5954
and represent tournament points only. There is no limitation on
5955
the number of tournament chips that may be used for a bet except
5956
as otherwise determined by the cardroom operator. Tournament
5957
chips may never be redeemed for cash or for any other thing of
5958
value. The distribution of prizes and cash awards must be
5959
determined by the cardroom operator before entry fees are
5960
accepted. For purposes of tournament play only, the term "gross
5961
receipts" means the total amount received by the cardroom
5962
operator for all entry fees, player re-buys, and fees for
5963
participating in the tournament less the total amount paid to the
5964
winners or others as prizes.
5965
(9) BOND REQUIRED.--The holder of a cardroom license shall
5966
be financially and otherwise responsible for the operation of the
5967
cardroom and for the conduct of any manager, dealer, or other
5968
employee involved in the operation of the cardroom. Before Prior
5969
to the issuance of a cardroom license, each applicant for such
5970
license shall provide evidence of a surety bond in the amount of
5971
$50,000, payable to the state, furnished by a corporate surety
5972
authorized to do business in the state or evidence that the
5973
licensee's pari-mutuel bond required by s. 550.125 has been
5974
expanded to include the applicant's cardroom operation. The bond
5975
shall guarantee that the cardroom operator will redeem, for cash,
5976
all tokens or chips used in games. Such bond shall be kept in
5977
full force and effect by the operator during the term of the
5978
license.
5979
(10) FEE FOR PARTICIPATION.--The cardroom operator may
5980
charge a fee for the right to participate in games conducted at
5981
the cardroom. Such fee may be either a flat fee or hourly rate
5982
for the use of a seat at a table or a rake subject to the posted
5983
maximum amount but may not be based on the amount won by players.
5984
The rake-off, if any, must be made in an obvious manner and
5985
placed in a designated rake area which is clearly visible to all
5986
players. Notice of the amount of the participation fee charged
5987
shall be posted in a conspicuous place in the cardroom and at
5988
each table at all times.
5989
(11) RECORDS AND REPORTS.--
5990
(a) Each licensee operating a cardroom shall keep and
5991
maintain permanent daily records of its cardroom operation and
5992
shall maintain such records for a period of not less than 3
5993
years. These records shall include all financial transactions and
5994
contain sufficient detail to determine compliance with the
5995
requirements of this section. All records shall be available for
5996
audit and inspection by the bureau division or other law
5997
enforcement agencies during the licensee's regular business
5998
hours. The information required in such records shall be
5999
determined by bureau division rule.
6000
(b) Each licensee operating a cardroom shall file with the
6001
bureau division a report containing the required records of such
6002
cardroom operation. Such report shall be filed monthly by
6003
licensees. The required reports shall be submitted on forms
6004
prescribed by the bureau division and shall be due at the same
6005
time as the monthly pari-mutuel reports are due to the bureau
6006
division, and such reports shall contain any additional
6007
information deemed necessary by the bureau division, and the
6008
reports shall be deemed public records once filed.
6009
(12) PROHIBITED ACTIVITIES.--
6010
(a) A No person licensed to operate a cardroom may not
6011
conduct any banking game or any game not specifically authorized
6012
by this section.
6013
(b) A No person younger than under 18 years of age may not
6014
be permitted to hold a cardroom or employee license, or engage in
6015
any game conducted therein.
6016
(c) No Electronic or mechanical devices, except mechanical
6017
card shufflers, may not be used to conduct any authorized game in
6018
a cardroom.
6019
(d) No Cards, game components, or game implements may not
6020
be used in playing an authorized game unless such has been
6021
furnished or provided to the players by the cardroom operator.
6022
(13) TAXES AND OTHER PAYMENTS.--
6023
(a) Each cardroom operator shall pay a tax to the state of
6024
10 percent of the cardroom operation's monthly gross receipts.
6025
(b) An admission tax equal to 15 percent of the admission
6026
charge for entrance to the licensee's cardroom facility, or 10
6027
cents, whichever is greater, is imposed on each person entering
6028
the cardroom. This admission tax shall apply only if a separate
6029
admission fee is charged for entry to the cardroom facility. If a
6030
single admission fee is charged which authorizes entry to both or
6031
either the pari-mutuel facility and the cardroom facility, the
6032
admission tax shall be payable only once and shall be payable
6033
pursuant to chapter 550. The cardroom licensee shall be
6034
responsible for collecting the admission tax. An admission tax is
6035
imposed on any free passes or complimentary cards issued to
6036
guests by licensees in an amount equal to the tax imposed on the
6037
regular and usual admission charge for entrance to the licensee's
6038
cardroom facility. A cardroom licensee may issue tax-free passes
6039
to its officers, officials, and employees or other persons
6040
actually engaged in working at the cardroom, including accredited
6041
press representatives such as reporters and editors, and may also
6042
issue tax-free passes to other cardroom licensees for the use of
6043
their officers and officials. The licensee shall file with the
6044
bureau division a list of all persons to whom tax-free passes are
6045
issued.
6046
(c) Payment of the admission tax and gross receipts tax
6047
imposed by this section shall be paid to the bureau division. The
6048
bureau division shall deposit these sums with the Chief Financial
6049
Officer, one-half being credited to the Pari-mutuel Wagering
6050
Trust Fund and one-half being credited to the General Revenue
6051
Fund. The cardroom licensee shall remit to the bureau division
6052
payment for the admission tax, the gross receipts tax, and the
6053
licensee fees. Such payments shall be remitted to the bureau
6054
division on the fifth day of each calendar month for taxes and
6055
fees imposed for the preceding month's cardroom activities.
6056
Licensees shall file a report under oath by the fifth day of each
6057
calendar month for all taxes remitted during the preceding
6058
calendar month. Such report shall, under oath, indicate the total
6059
of all admissions, the cardroom activities for the preceding
6060
calendar month, and such other information as may be prescribed
6061
by the bureau division.
6062
(d) Each greyhound and jai alai permitholder that operates
6063
a cardroom facility shall use at least 4 percent of such
6064
permitholder's cardroom monthly gross receipts to supplement
6065
greyhound purses or jai alai prize money, respectively, during
6066
the permitholder's next ensuing pari-mutuel meet. Each
6067
thoroughbred and harness horse racing permitholder that operates
6068
a cardroom facility shall use at least 50 percent of such
6069
permitholder's cardroom monthly net proceeds as follows: 47
6070
percent to supplement purses and 3 percent to supplement
6071
breeders' awards during the permitholder's next ensuing racing
6072
meet.
6073
(e) The failure of any licensee to make payments as
6074
prescribed in paragraph (c) is a violation of this section, and
6075
the licensee may be subjected by the bureau division to a civil
6076
penalty of up to $1,000 for each day the tax payment is not
6077
remitted. All penalties imposed and collected shall be deposited
6078
in the General Revenue Fund. If a licensee fails to pay penalties
6079
imposed by order of the bureau division under this subsection,
6080
the bureau division may suspend or revoke the license of the
6081
cardroom operator or deny issuance of any further license to the
6082
cardroom operator.
6083
(f) The cardroom shall be deemed an accessory use to a
6084
licensed pari-mutuel operation and, except as provided in chapter
6085
550, a municipality, county, or political subdivision may not
6086
assess or collect any additional license tax, sales tax, or
6087
excise tax on such cardroom operation.
6088
(g) All of the moneys deposited in the Pari-mutuel Wagering
6089
Trust Fund, except as set forth in paragraph (h), shall be
6090
utilized and distributed in the manner specified in s. 550.135(1)
6091
and (2). However, cardroom tax revenues shall be kept separate
6092
from pari-mutuel tax revenues and shall not be used for making
6093
the disbursement to counties provided in former s. 550.135(1).
6094
(h) One-quarter of the moneys deposited into the Pari-
6095
mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
6096
October 1 of each year, be distributed to the local government
6097
that approved the cardroom under subsection (16); however, if two
6098
or more pari-mutuel racetracks are located within the same
6099
incorporated municipality, the cardroom funds shall be
6100
distributed to the municipality. If a pari-mutuel facility is
6101
situated in such a manner that it is located in more than one
6102
county, the site of the cardroom facility shall determine the
6103
location for purposes of disbursement of tax revenues under this
6104
paragraph. The bureau division shall, by September 1 of each
6105
year, determine: the amount of taxes deposited into the Pari-
6106
mutuel Wagering Trust Fund pursuant to this section from each
6107
cardroom licensee; the location by county of each cardroom;
6108
whether the cardroom is located in the unincorporated area of the
6109
county or within an incorporated municipality; and, the total
6110
amount to be distributed to each eligible county and
6111
municipality.
6112
(14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.--
6113
(a) The bureau division may deny a license or the renewal
6114
thereof, or may suspend or revoke any license, when the applicant
6115
has: violated or failed to comply with the provisions of this
6116
section or any rules adopted pursuant thereto; knowingly caused,
6117
aided, abetted, or conspired with another to cause any person to
6118
violate this section or any rules adopted pursuant thereto; or
6119
obtained a license or permit by fraud, misrepresentation, or
6120
concealment; or if the holder of such license or permit is no
6121
longer eligible under this section.
6122
(b) If a pari-mutuel permitholder's pari-mutuel permit or
6123
license is suspended or revoked by the bureau division pursuant
6124
to chapter 550, the bureau division may, but is not required to,
6125
suspend or revoke such permitholder's cardroom license. If a
6126
cardroom operator's license is suspended or revoked pursuant to
6127
this section, the bureau division may, but is not required to,
6128
suspend or revoke such licensee's pari-mutuel permit or license.
6129
(c) Notwithstanding any other provision of this section,
6130
the bureau division may impose an administrative fine not to
6131
exceed $1,000 for each violation against any person who has
6132
violated or failed to comply with the provisions of this section
6133
or any rules adopted pursuant thereto.
6134
(15) CRIMINAL PENALTY; INJUNCTION.--
6135
(a)1. Any person who operates a cardroom without a valid
6136
license issued as provided in this section commits a felony of
6137
the third degree, punishable as provided in s. 775.082, s.
6139
2. Any licensee or permitholder who violates any provision
6140
of this section commits a misdemeanor of the first degree,
6142
or permitholder who commits a second or subsequent violation of
6143
the same paragraph or subsection within a period of 3 years from
6144
the date of a prior conviction for a violation of such paragraph
6145
or subsection commits a felony of the third degree, punishable as
6147
(b) The bureau division, any state attorney, the statewide
6148
prosecutor, or the Attorney General may apply for a temporary or
6149
permanent injunction restraining further violation of this
6150
section, and such injunction shall issue without bond.
6151
(16) LOCAL GOVERNMENT APPROVAL.--The bureau division of
6152
Pari-mutuel Wagering may shall not issue any initial license
6153
under this section except upon proof in such form as the bureau
6154
division may prescribe that the local government where the
6155
applicant for such license desires to conduct cardroom gaming has
6156
voted to approve such activity by a majority vote of the
6157
governing body of the municipality or the governing body of the
6158
county if the facility is not located in a municipality.
6159
(17) CHANGE OF LOCATION; REFERENDUM.--
6160
(a) Notwithstanding any provisions of this section, no
6161
cardroom gaming license issued under this section shall be
6162
transferred, or reissued when such reissuance is in the nature of
6163
a transfer, so as to permit or authorize a licensee to change the
6164
location of the cardroom except upon proof in such form as the
6165
bureau division may prescribe that a referendum election has been
6166
held:
6167
1. If the proposed new location is within the same county
6168
as the already licensed location, in the county where the
6169
licensee desires to conduct cardroom gaming and that a majority
6170
of the electors voting on the question in such election voted in
6171
favor of the transfer of such license. However, the bureau
6172
division shall transfer, without requirement of a referendum
6173
election, the cardroom license of any permitholder that relocated
6174
its permit pursuant to s. 550.0555.
6175
2. If the proposed new location is not within the same
6176
county as the already licensed location, in the county where the
6177
licensee desires to conduct cardroom gaming and that a majority
6178
of the electors voting on that question in each such election
6179
voted in favor of the transfer of such license.
6180
(b) The expense of each referendum held under the
6181
provisions of this subsection shall be borne by the licensee
6182
requesting the transfer.
6183
Section 99. Subsection (10) of section 849.094, Florida
6184
Statutes, is amended to read:
6185
849.094 Game promotion in connection with sale of consumer
6186
products or services.--
6187
(10) This section does not apply to actions or transactions
6188
regulated by the Department of Gaming Control Business and
6189
Professional Regulation or to the activities of nonprofit
6190
organizations or to any other organization engaged in any
6191
enterprise other than the sale of consumer products or services.
6192
Subsections (3), (4), (5), (6), and (7) and paragraph (8)(a) and
6193
any of the rules made pursuant thereto do not apply to television
6194
or radio broadcasting companies licensed by the Federal
6195
Communications Commission.
6196
Section 100. Section 849.161, Florida Statutes, is amended
6197
to read:
6198
849.161 Amusement games or machines; when chapter
6199
inapplicable.--
6200
(1)(a)1. Nothing contained in This chapter does not apply
6201
shall be taken or construed as applicable to an arcade amusement
6202
center or any retail dealer who operates as a truck stop,
6203
operates a minimum of six functional diesel fuel pumps, and has
6204
having amusement games or machines that which operate by means of
6205
the insertion of a coin or other currency and that which by
6206
application of skill may entitle the person playing or operating
6207
the game or machine to receive points or coupons that which may
6208
be exchanged for merchandise limited to noncash prizes, toys,
6209
novelties, and Florida lottery products only, excluding cash and
6210
alcoholic beverages, provided the cost value of the merchandise
6211
or prize awarded in exchange for such points or coupons does not
6212
exceed 75 cents on any game played.
6213
2. Nothing contained in this chapter shall be taken or
6214
construed as applicable to any retail dealer who operates as a
6215
truck stop, as defined in chapter 336 and which operates a
6216
minimum of 6 functional diesel fuel pumps, having amusement games
6217
or machines which operate by means of the insertion of a coin or
6218
other currency and which by application of skill may entitle the
6219
person playing or operating the game or machine to receive points
6220
or coupons which may be exchanged for merchandise limited to
6221
noncash prizes, toys, novelties, and Florida Lottery products,
6222
excluding alcoholic beverages, provided the cost value of the
6223
merchandise or prize awarded in exchange for such points or
6224
coupons does not exceed 75 cents on any game played. This
6225
paragraph subparagraph applies only to games and machines that
6226
which are operated for the entertainment of the general public
6227
and tourists as bona fide amusement games or machines. This
6228
subsection does shall not apply, however, to any game or device
6229
defined as a gambling device in 24 U.S.C. s. 1171, which requires
6230
identification of each device by permanently affixing seriatim
6231
numbering and name, trade name, and date of manufacture under s.
6232
1173, and registration with the United States Attorney General,
6233
unless excluded from applicability of the chapter under s. 1178.
6234
This subsection does shall not be construed to authorize video
6235
poker games or any other game or machine that may be construed as
6236
a gambling device under Florida law.
6237
(b) Nothing in This subsection does not apply shall be
6238
taken or construed as applicable to a coin-operated game or
6239
device designed and manufactured only for bona fide amusement
6240
purposes which game or device may by application of skill entitle
6241
the player to replay the game or device at no additional cost, if
6242
the game or device: can accumulate and react to no more than 15
6243
free replays; can be discharged of accumulated free replays only
6244
by reactivating the game or device for one additional play for
6245
such accumulated free replay; can make no permanent record,
6246
directly or indirectly, of free replays; and is not classified by
6247
the United States as a gambling device in 24 U.S.C. s. 1171,
6248
which requires identification of each device by permanently
6249
affixing seriatim numbering and name, trade name, and date of
6250
manufacture under s. 1173, and registration with the United
6251
States Attorney General, unless excluded from applicability of
6252
the chapter under s. 1178. This subsection does shall not be
6253
construed to authorize video poker games, or any other game or
6254
machine that may be construed as a gambling device under Florida
6255
law.
6256
(2) As used in this section, the term:
6257
(a) "Arcade amusement center" as used in this section means
6258
a place of business licensed by the department having at least 50
6259
coin-operated amusement games or machines on premises which are
6260
operated for the entertainment of the general public and tourists
6261
as a bona fide amusement facility.
6262
(b) "Application of skill" means that the playing public
6263
may attain, through the exercise of skill or judgment, a better
6264
measure of success in playing the game than could be
6265
mathematically expected on the basis of random chance alone.
6266
(c) "Department" means the Department of Gaming Control.
6267
(3) The department shall adopt, pursuant to ss. 120.536(1)
6268
and 120.54, all rules necessary to implement, administer, and
6269
regulate skill-based gaming as authorized in this section. Such
6270
rules must include:
6271
(a) Technical requirements, qualifications, and procedures
6272
necessary to receive a skill-based gaming license.
6273
(b) Procedures to scientifically test and technically
6274
evaluate skill-based machines for compliance with this chapter.
6275
The division may contract with an independent testing laboratory
6276
to conduct any necessary testing under this section. The
6277
independent testing laboratory must have a national reputation
6278
for testing skill-based machines, and be demonstrably competent
6279
and qualified to scientifically test and evaluate slot machines
6280
for compliance with this chapter and to otherwise perform the
6281
functions assigned to it in this chapter. A licensee may not own
6282
or control an independent testing laboratory. The use of an
6283
independent testing laboratory for any purpose related to the
6284
conduct of skill-based gaming by a licensee under this section
6285
shall be made from a list of one or more laboratories approved by
6286
the division.
6287
(c) Procedures relating to machine revenues, including
6288
verifying and accounting for such revenues, auditing, and
6289
collecting taxes and fees consistent with this section.
6290
(d) Procedures for regulating, managing, and auditing the
6291
operation, financial data, and program information relating to
6292
skill-based machine gaming which allow the department to audit
6293
the operation, financial data, and program information of a slot
6294
machine licensee, as required by the department, and provide the
6295
department with the ability to monitor, at any time on a real-
6296
time basis, wagering patterns, payouts, tax collection, and
6297
compliance with any rules adopted by the department for the
6298
regulation and control of machines operated under this section.
6299
(e) Procedures for requiring licensees to maintain
6300
specified records and submit any data, information, record, or
6301
report, including financial and income records, required by this
6302
chapter or determined by the division to be necessary to the
6303
proper implementation and enforcement of this chapter.
6304
(f) Minimum standards for security of the facilities.
6305
(4) The department shall conduct such investigations
6306
necessary to fulfill its responsibilities under the provisions of
6307
this section.
6308
(5) The department and local law enforcement agencies shall
6309
have concurrent jurisdiction to investigate criminal violations
6310
of this chapter and may investigate any other criminal violation
6311
of law occurring at the facilities of a licensee, and such
6312
investigations may be conducted in conjunction with the
6313
appropriate state attorney.
6314
(6)(a) The department and local law enforcement agencies
6315
shall have unrestricted access to a licensee's facility at all
6316
times and shall require of each licensee strict compliance with
6317
the laws of this state relating to the transaction of such
6318
business. The department and local law enforcement agencies may:
6319
1. Inspect and examine premises where skill-based machines
6320
are offered for play.
6321
2. Inspect skill-based machines and related equipment and
6322
supplies.
6323
(b) In addition, the department may:
6324
1. Collect taxes, assessments, fees, and penalties.
6325
2. Deny, revoke, suspend, or place conditions on the
6326
license of a person who violates any provision of this chapter or
6327
rule adopted pursuant thereto.
6328
3. Revoke or suspend the license of any person who is no
6329
longer qualified or who is found, after receiving a license, to
6330
have been unqualified at the time of application for the license.
6331
(7) This section does not:
6332
(a) Prohibit the department or any law enforcement
6333
authority from conducting investigations of criminal activities
6334
occurring at the facility of a licensee;
6335
(b) Restrict access to the licensee's facility by the
6336
department or any law enforcement authority; or
6337
(c) Restrict access by the department or law enforcement
6338
authorities to information and records necessary to the
6339
investigation of criminal activity which are contained within the
6340
licensee's facility.
6341
(8)(a) Upon submission of the initial application for a
6342
skill-based machine operator and annually thereafter, on the
6343
anniversary date of the issuance of the initial license, the
6344
operator shall pay to the Division of Licensing and Enforcement a
6345
nonrefundable license fee to be determined by the division for
6346
the following 12 months of licensure. The license fee shall be
6347
deposited into the Pari-mutuel Wagering Trust Fund of the
6348
department to be used for investigations, regulation of the
6349
machines, and enforcement of the provisions under this chapter.
6350
These payments shall be accounted for separately from taxes or
6351
fees paid pursuant to chapter 550.
6352
(b) Before January 1, 2009, the Division of Licensing and
6353
Enforcement shall evaluate the license fee and shall make
6354
recommendations to the President of the Senate and the Speaker of
6355
the House of Representatives regarding the optimum level of
6356
operator license fees in order to adequately support the
6357
regulatory program.
6358
(9)(a) The tax rate on skill-based machine revenues at each
6359
facility shall be 15 percent.
6360
(b) The tax imposed by this section shall be paid to the
6361
department for deposit into the Florida Gaming Trust Fund and
6362
subject to annual appropriation by the Legislature.
6363
(10) The slot machine licensee shall remit to the Division
6364
of Licensing and Enforcement payment for the tax on slot machine
6365
revenues. Such payments shall be remitted by 3 p.m. Wednesday of
6366
each week for taxes imposed and collected for the preceding week
6367
ending on Sunday. The operator shall file a report under oath by
6368
the 5th day of each calendar month for all taxes remitted during
6369
the preceding calendar month. Such payments shall be accompanied
6370
by a report under oath showing all machine activities for the
6371
preceding calendar month and such other information as may be
6372
prescribed by the Division of Licensing and Enforcement.
6373
(11) An operator who fails to make tax payments as required
6374
under this section is subject to an administrative penalty of up
6375
to $10,000 for each day the tax payment is not remitted. All
6376
administrative penalties imposed and collected shall be deposited
6377
into the Florida Gaming Trust Fund. If any slot machine licensee
6378
fails to pay penalties imposed by order of the Division of
6379
Licensing and Enforcement under this subsection, the division may
6380
suspend, revoke, or refuse to renew the license of the slot
6381
machine licensee.
6382
(12) The Division of Licensing and Enforcement may require
6383
operators to remit taxes, fees, fines, and assessments by
6384
electronic funds transfer.
6385
Section 101. Subsection (7) of section 943.0311, Florida
6386
Statutes, is amended to read:
6387
943.0311 Chief of Domestic Security; duties of the
6388
department with respect to domestic security.--
6389
(7) As used in this section, the term "state agency"
6390
includes the Agency for Health Care Administration, the Agency
6391
for Workforce Innovation, the Department of Agriculture and
6392
Consumer Services, the Department of Business and Professional
6393
Regulation, the Department of Children and Family Services, the
6394
Department of Citrus, the Department of Community Affairs, the
6395
Department of Corrections, the Department of Education, the
6396
Department of Elderly Affairs, the Department of Environmental
6397
Protection, the Department of Financial Services, the Department
6398
of Health, the Department of Highway Safety and Motor Vehicles,
6399
the Department of Juvenile Justice, the Department of Law
6400
Enforcement, the Department of Legal Affairs, the Department of
6401
Management Services, the Department of Military Affairs, the
6402
Department of Revenue, the Department of State, the Department of
6403
Gaming Control the Lottery, the Department of Transportation, the
6404
Department of Veterans' Affairs, the Fish and Wildlife
6405
Conservation Commission, the Parole Commission, the State Board
6406
of Administration, and the Executive Office of the Governor.
6407
Section 102. This act shall take effect July 1, 2008, if SB
6408
____, or similar legislation creating the Florida Gaming Trust
6409
Fund, is adopted in the same legislative session or an extension
6410
thereof and becomes law.
CODING: Words stricken are deletions; words underlined are additions.