Florida Senate - 2008 CS for CS for SB 1380
By the Committees on Finance and Tax; Regulated Industries; and Senators Jones and King
593-04272-08 20081380c2
1
A bill to be entitled
2
An act relating to electronic gaming machines; authorizing
3
electronic gaming machines in certain pari-mutuel
4
facilities; providing definitions; providing powers and
5
duties of the Division of Pari-mutuel Wagering of the
6
Department of Business and Professional Regulation and the
7
Department of Law Enforcement; providing for rules;
8
providing for licenses to conduct electronic gaming;
9
providing for temporary licenses; providing for renewal of
10
electronic gaming machine licenses; providing for license
11
fees; providing for taxes; providing penalties; providing
12
for occupational licenses; providing findings; providing
13
for applications; providing for a fee; prohibiting certain
14
relationships; prohibiting certain acts; providing
15
penalties; providing for legality of electronic gaming
16
machines; providing for exclusion of certain persons from
17
the facilities; prohibiting persons under 21 years of age
18
from operating electronic gaming machines; providing for
19
electronic gaming machine areas within licensed gaming
20
locations; providing for days and hours of operation of
21
eligible facilities; providing for a compulsive-gambling-
22
prevention program; providing penalties; providing for a
23
caterer's license for food service at gambling
24
establishments; prohibiting certain activities and
25
devices; providing exceptions; providing for rules;
26
providing for regulatory preemption to the state;
28
amending s. 215.22, F.S.; exempting taxes imposed on
29
electronic gaming and electronic gaming machine revenue
30
from specified service charges; amending s. 550.002, F.S.;
31
providing for 100 live games at eligible jai alai
32
facilities; amending s. 550.135, F.S.; providing for the
33
reservation of electronic gaming machine fees in a trust
34
fund; amending s. 849.15, F.S.; providing for
35
transportation of electronic gaming devices in accordance
36
with federal law; amending s. 895.02, F.S.; providing that
37
specified violations related to electronic gaming and
38
electronic gaming machines constitute racketeering
39
activity; providing that certain debt incurred in
40
violation of specified provisions relating to electronic
41
gaming and electronic gaming machines constitutes unlawful
42
debt; authorizing additional positions and providing
43
appropriations; providing for the use of certain
44
unreserved funds in the Pari-mutuel Wagering Trust Fund;
45
providing for repayment of such funds; providing an
46
effective date.
47
48
Be It Enacted by the Legislature of the State of Florida:
49
50
Section 1. Electronic gaming machines authorized.--An
51
electronic gaming machine licensee may possess electronic gaming
52
machines and operate electronic gaming machines at an eligible
53
facility, as defined by this act, where the licensee is
54
authorized to conduct pari-mutuel wagering activities pursuant to
55
chapter 550, Florida Statutes. Notwithstanding any other
56
provision of law, it is not a crime for a person to participate
57
in electronic gaming at a facility licensed to possess electronic
58
gaming machines or to operate electronic gaming machines as
59
described in this act.
60
Section 2. Definitions.--As used in this act, the term:
61
(1) "Bingo" or "game of bingo" means the game of chance
62
commonly known as "bingo" whether or not electronic, computer, or
63
other technological aids are used in connection with the game of
64
bingo. Such aids may include the use of entertainment displays,
65
including spinning reels, video displays, associated bonus
66
displays, and video poker. In order for a game of bingo to take
67
place, at least two live players must be competing for a common
68
prize. As such, player gaming machines that contain the game of
69
bingo may not be house-banked games and may not be electronic or
70
electromechanical facsimiles of any game of chance or slot
71
machine of any kind. Bingo consists of players competing against
72
other players for prizes resulting from a random draw or
73
electronic determination and release or announcement of numbers
74
or other designations necessary to form the pre-designated game-
75
winning pattern on an electronic bingo card. A game ends when a
76
participating player receives a pre-designated game-winning
77
pattern and consolation prizes, if any, are awarded.
78
(2) "Bonus prize" means a prize awarded in a bingo game in
79
addition to the game-winning prize. The bonus prize may be based
80
on different pre-designated and pre-announced patterns from the
81
game-winning pattern, on achieving a winning pattern in a
82
specified quantity of numbers or designations drawn or
83
electronically determined and released, or on any combination of
84
these conditions. A bonus prize may be awarded as an interim
85
prize while players are competing for the game-winning prize or
86
as a consolation prize after a player has won the game-winning
87
prize.
88
(3) "Designated electronic gaming machine area" means any
89
area of a facility of an electronic gaming machine licensee in
90
which electronic gaming may be conducted in accordance with this
91
act.
92
(4) "Distributor" means any person who sells, leases,
93
offers, or otherwise provides, distributes, or services any
94
electronic gaming machine or associated equipment, software, or
95
other functions required for use or play of electronic gaming
96
machines in this state. A manufacturer may be a distributor
97
within the state.
98
(5) "Division" means the Division of Pari-mutuel Wagering
99
of the Department of Business and Professional Regulation.
100
(6) "Electronic game" means an electronically simulated
101
bingo game played on an electronic gaming machine that, upon
102
insertion of a ticket, or an electronic or account-based card, is
103
available to play or simulate a game of bingo played on a network
104
of electronic gaming machines. An electronic game may not be
105
brought into this state until it has been tested and certified by
106
a licensed testing laboratory and certified for play in this
107
state. Electronic games simulating the game of bingo may not be
108
house-banked. Bonus prizes and progressive prizes may be awarded
109
to players at any licensed facility, and a player may receive a
110
payoff in the form of tickets or electronic or account-based
111
credits that may be exchanged for cash, merchandise, or other
112
items of value.
113
(7) "Electronic gaming machine" means a player station,
114
machine, or device, including associated equipment that is
115
required to operate the player station, machine, or device, upon
116
which an electronic game is played or operated. An electronic
117
gaming machine may use spinning reels, video displays, video
118
poker, or other similar technologies available now or in the
119
future to convey outcomes to a player if the results displayed at
120
the gaming machine are based upon simulated bingo game play, as
121
approved by the department. No electronic game shall enter the
122
state until it has been tested and certified by a licensed
123
testing laboratory, and certified for play in the state. An
124
electronic gaming machine must display one or more bingo cards to
125
be used in the game before numbers or other designations for the
126
game are randomly drawn. Any card in use by a player must be
127
visible to the player during game play. All electronic gaming
128
machines must be directly linked to a central computer for
129
purposes of security, monitoring, and auditing. The central
130
computer may not limit a facility's ability to deploy its
131
electronic player tracking or electronic gaming accounting
132
system. However, such systems must use a widely accepted open
133
communications protocol to ensure interoperability among all
134
manufacturers and to provide a player with the ability to
135
seamlessly alternate play between the electronic gaming machines
136
and electronic gaming machines of different licensed
137
manufacturers. An electronic gaming machine is not a coin-
138
operated amusement machine as defined in s. 212.02, Florida
139
Statutes, or an amusement game or machine as described in s.
140
849.161, Florida Statutes, and electronic gaming machines are not
141
subject to the tax imposed by s. 212.05(1)(h), Florida Statutes.
142
(8) "Electronic gaming machine facility" means an eligible
143
facility at which electronic gaming machines as defined in this
144
act are lawfully offered for play.
145
(9) "Electronic gaming machine license" means a license
146
issued by the division authorizing a licensee under chapter 550,
147
Florida Statutes, to place and operate electronic gaming machines
148
in an eligible facility.
149
(10) "Electronic gaming machine revenues" means all cash
150
and property, except nonredeemable credits, received by the
151
electronic gaming machine licensee from the operation of
152
electronic gaming machines, less the amount of cash, cash
153
equivalents, credits, and prizes paid to winners of electronic
154
games.
155
(11) "Eligible facility" means any facility at which a
156
licensee under chapter 550, Florida Statutes, conducted, during
157
calendar year 2007, a full schedule of live racing or games, as
158
defined in s. 550.002(11), Florida Statutes, including races or
159
games under s. 550.475, Florida Statutes, or was authorized to
160
conduct limited intertrack wagering under s. 550.6308, Florida
161
Statutes, and which is not a slot machine facility licensed under
162
chapter 551, Florida Statutes. A pari-mutuel facility may become
163
an eligible facility if it meets the requirements of this
164
subsection for the preceding 3 consecutive calendar years prior
165
to submitting an application for a license to conduct electronic
166
gaming.
167
(12) "Game-winning pattern" means a predetermined pattern
168
on an electronic bingo card. Each game must have one game-winning
169
pattern or arrangement that must be common to all players and may
170
be won by multiple players simultaneously. A game-winning prize
171
must be awarded in every game. The pattern designated as the
172
game-winning pattern need not pay the highest prize available in
173
the game. Other patterns may be designated for the award of bonus
174
prizes in addition to the prize to be awarded based on the game-
175
winning pattern.
176
(13) "Manufacturer" means any person who manufactures,
177
builds, rebuilds, fabricates, assembles, produces, programs,
178
designs, or modifies any electronic gaming machine or associated
179
equipment for use or play in this state for gaming purposes. A
180
manufacturer may be a distributor within the state.
181
(14) "Nonredeemable credits" means electronic gaming
182
machine operating credits that cannot be redeemed for cash or any
183
other thing of value by an electronic gaming machine, kiosk, or
184
the electronic gaming machine licensee and that are provided free
185
to patrons. Such credits are not nonredeemable credits until they
186
are metered as credit into an electronic gaming machine and
187
recorded in the facility-based monitoring system.
188
(15) "Progressive prize" means an established prize for a
189
bingo game, funded by a percentage of each player's purchase or
190
wager within one or more licensed facilities for a specific
191
progressive bingo game, which is awarded to a player for
192
obtaining a specific pre-designated and pre-announced pattern
193
having a specified quantity of numbers or designations randomly
194
drawn and released or electronically determined or randomly drawn
195
and released or electronically determined in a specified
196
sequence. The progressive prize must be rolled over to each
197
subsequent specific progressive bingo game until it is won.
198
Section 3. Powers and duties of the division and the
199
Department of Law Enforcement.--
200
(1) The division shall adopt, pursuant to ss. 120.536(1)
201
and 120.54, Florida Statutes, rules necessary to implement,
202
administer, and regulate the operation of electronic gaming
203
machines in this state. The rules must include:
204
(a) Procedures for applying for and renewing electronic
205
gaming machine licenses.
206
(b) Technical requirements and qualifications to receive an
207
electronic gaming machine license or electronic gaming machine
208
occupational license.
209
(c) Procedures to ensure that no electronic game or
210
electronic gaming machine shall enter the state and be offered
211
for play until it has been tested and certified by a licensed
212
testing laboratory for play in the state. The procedures shall
213
address measures to scientifically test and technically evaluate
214
electronic gaming machines for compliance with this act. The
215
division may contract with an independent testing laboratory to
216
conduct any necessary testing. The independent testing laboratory
217
must have a national reputation indicating that it is
218
demonstrably competent and qualified to scientifically test and
219
evaluate electronic games and electronic gaming machines and to
220
perform the functions required by this act. An independent
221
testing laboratory may not be owned or controlled by a licensee.
222
The selection of an independent testing laboratory for any
223
purpose related to the conduct of electronic gaming machines by a
224
licensee shall be made from a list of laboratories approved by
225
the division. The division shall adopt rules regarding the
226
testing, certification, control, and approval of electronic games
227
and electronic gaming machines.
228
(d) Procedures relating to electronic gaming machine
229
revenues, including verifying and accounting for such revenues,
230
auditing, and collecting taxes and fees.
231
(e)1. Procedures for regulating, managing, and auditing the
232
operation, financial data, and program information relating to
233
electronic gaming machines that enable the division and the
234
Department of Law Enforcement to audit the operation, financial
235
data, and program information of an electronic gaming machine
236
licensee required by the division or the Department of Law
237
Enforcement.
238
2. Procedures to allow the division and the Department of
239
Law Enforcement to monitor, at any time on a real-time basis,
240
wagering patterns, payouts, tax collection, and compliance with
241
division rules, including the ability of the division or the
242
Department of Law Enforcement to suspend play immediately on
243
particular electronic gaming machines if such monitoring of the
244
facilities-based computer system indicates possible tampering
245
with or manipulation of the electronic gaming machines or the
246
ability to immediately suspend play of the entire operation if
247
the tampering or manipulation is of the computer system. The
248
division shall notify the Department of Law Enforcement or the
249
Department of Law Enforcement shall notify the division, as
250
appropriate, when there is a suspension of play under this
251
paragraph. The division and the Department of Law Enforcement
252
shall exchange information that is necessary for and cooperate in
253
the investigation of the circumstances requiring suspension of
254
play.
255
(f) Procedures to require each licensee, at the licensee's
256
expense, to supply the division a bond having the penal sum of $2
257
million payable to the Governor for each year of the licensee's
258
electronic gaming machine operations. Any bond shall be issued by
259
a surety approved by the division and the Chief Financial
260
Officer, conditioned to pay the Chief Financial Officer as
261
treasurer of the division. The licensee must keep its books and
262
records and make reports as provided in this act and conduct
263
electronic gaming machine operations in conformity with this act
264
and other provisions of law. Such bond shall be separate from the
265
bond required in s. 550.125, Florida Statutes.
266
(g) Procedures to require licensees to maintain specified
267
records and submit any data, information, record, or report,
268
including financial and income records, required by this act or
269
rules of the division.
270
(h) A requirement that the payout percentage of an
271
electronic gaming machine be no less than 85 percent. The
272
theoretical payout percentage will be determined using standard
273
methods of probability theory.
274
(i) Minimum standards for security of the facilities,
275
including floor plans, security cameras, and other security
276
equipment.
277
(j) Procedures to require electronic gaming machine
278
licensees to implement and establish drug-testing programs for
279
all electronic gaming machine occupational licensees.
280
(2) The division shall conduct investigations necessary to
281
fulfill its responsibilities under this act.
282
(3) The Department of Law Enforcement and local law
283
enforcement agencies have concurrent jurisdiction to investigate
284
criminal violations of this act and may investigate any other
285
criminal violation of law occurring at the facilities of an
286
electronic gaming machine licensee. Such investigations may be
287
conducted in conjunction with the appropriate state attorney.
288
(4)(a) The division, the Department of Law Enforcement, and
289
local law enforcement agencies have unrestricted access to an
290
electronic gaming machine licensee's facility at all times and
291
shall require each electronic gaming machine licensee to strictly
292
comply with the laws of this state relating to the transaction of
293
such business. The division, the Department of Law Enforcement,
294
and local law enforcement agencies may:
295
1. Inspect and examine premises where electronic gaming
296
machines are offered for play.
297
2. Inspect electronic gaming machines and related equipment
298
and supplies.
299
(b) In addition, the division may:
300
1. Collect taxes, assessments, fees, and penalties.
301
2. Deny, revoke, suspend, or place conditions on the
302
license of a person who violates this act or rules adopted
303
pursuant thereto.
304
(5) The division shall revoke or suspend the license of any
305
person who is no longer qualified or who is found, after
306
receiving a license, to have been unqualified at the time of
307
application for the license.
308
(6) This section does not:
309
(a) Prohibit the Department of Law Enforcement or any law
310
enforcement authority whose jurisdiction includes a licensed
311
facility from conducting investigations of criminal activities
312
occurring at the facility;
313
(b) Restrict access to an electronic gaming machine
314
licensee's facility by the Department of Law Enforcement or any
315
local law enforcement authority whose jurisdiction includes the
316
electronic gaming machine licensee's facility; or
317
(c) Restrict access by the Department of Law Enforcement or
318
local law enforcement authorities to information and records
319
necessary to the investigation of criminal activity which are
320
contained within the electronic gaming machine licensee's
321
facility.
322
Section 4. License to conduct electronic gaming.--
323
(1) Upon application and a finding by the division after
324
investigation that the application is complete and the applicant
325
is qualified and payment of the initial license fee, the division
326
may issue a license to conduct electronic gaming in any
327
designated electronic gaming machine area of an eligible
328
facility.
329
(2) An electronic gaming machine license may be issued only
330
to a person or entity licensed to conduct pari-mutuel wagering
331
under chapter 550, Florida Statutes, and electronic gaming may be
332
operated only at the eligible facility at which the licensee is
333
authorized to conduct pari-mutuel wagering activities.
334
(3) As a condition of licensure and to maintain continued
335
authority for the conduct of electronic gaming, an electronic
336
gaming machine licensee shall:
337
(a) Continue to comply with this act.
338
(b) Continue to comply with chapter 550, Florida Statutes,
339
where applicable, and maintain the pari-mutuel permit and license
340
in good standing pursuant to chapter 550, Florida Statutes.
341
Notwithstanding any contrary provision of law, a pari-mutuel
342
permitholder may, within 60 days after the effective date of this
343
act, amend its pari-mutuel wagering operating license. The
344
division shall issue a new license to the permitholder to
345
effectuate any approved change.
346
(c) Conduct no fewer than a full schedule of live racing or
347
games as defined in s. 550.002(11), Florida Statutes, including
348
conducting races or games under s. 550.475, Florida Statutes, or
349
be authorized to conduct limited intertrack wagering under s.
350
550.6308, Florida Statutes, at the eligible facility. A
351
permitholder's responsibility to conduct such number of live
352
races or games shall be reduced by the number of races or games
353
that could not be conducted due to the direct result of fire,
354
war, hurricane, or other disaster or event beyond the control of
355
the permitholder.
356
(d) Upon approval of any changes relating to the pari-
357
mutuel permit by the division, provide appropriate current and
358
accurate documentation, on a timely basis, to the division to
359
maintain the electronic gaming machine license. Changes in
360
ownership or interest in an electronic gaming machine license of
361
5 percent or more of the stock or other evidence of ownership or
362
equity in the electronic gaming machine license or of any parent
363
corporation or other business entity that owns or controls the
364
electronic gaming machine license must be approved by the
365
division prior to such change, unless the owner is an existing
366
holder of the license who was previously approved by the
367
division. Any changes in ownership or interest in an electronic
368
gaming machine license of less than 5 percent, unless such change
369
results in a cumulative total of 5 percent or more, shall be
370
reported to the division within 20 days after the change. The
371
division may conduct an investigation to ensure that the license
372
is properly updated to show the change in ownership or interest.
373
Reporting is not required if the person is holding 5 percent or
374
less equity or securities of a corporate owner of the electronic
375
gaming machine licensee that has its securities registered
376
pursuant to section 12 of the Securities Exchange Act of 1934, 15
377
U.S.C. ss. 78a-78kk, and if such corporation or entity files with
378
the United States Securities and Exchange Commission the reports
379
required by section 13 of that act or if the securities of the
380
corporation or entity are regularly traded on an established
381
securities market in the United States. A change in ownership or
382
interest of less than 5 percent which results in a cumulative
383
ownership or interest of 5 percent or more must be approved by
384
the division prior to such change unless the owner is an existing
385
holder of the license who was previously approved by the
386
division.
387
(e) Allow the division and the Department of Law
388
Enforcement unrestricted access to and right of inspection of
389
facilities of an electronic gaming machine licensee in which any
390
activity relative to the operation of electronic gaming machines
391
is conducted.
392
(f) Ensure that the facilities-based computer system that
393
the licensee will use for operational and accounting functions of
394
the electronic gaming machine facility is specifically structured
395
to facilitate regulatory oversight. The facilities-based computer
396
system shall be designed to give the division and the Department
397
of Law Enforcement the ability to monitor, at any time on a real-
398
time basis, the wagering patterns, payouts, tax collection, and
399
such other operations as are necessary to determine whether the
400
facility is in compliance with statutory provisions and rules
401
adopted by the division for the regulation and control of
402
electronic gaming machines. The division and the Department of
403
Law Enforcement shall have continuous access to this system,
404
including the ability of the division or the Department of Law
405
Enforcement to suspend play immediately on particular electronic
406
gaming machines if monitoring of the system indicates possible
407
tampering with or manipulation of those electronic gaming
408
machines or the ability to immediately suspend play of the entire
409
operation if the tampering or manipulation is of the computer
410
system. The computer system shall be reviewed and approved by the
411
division to ensure necessary access, security, and functionality.
412
The division may adopt rules to provide for the approval process.
413
(g) Ensure that each electronic gaming machine and
414
electronic game is protected from manipulation or tampering to
415
affect the random probabilities of winning plays. The division or
416
the Department of Law Enforcement may suspend play upon
417
reasonable suspicion of any manipulation or tampering. When play
418
has been suspended on any electronic gaming machine, the division
419
or the Department of Law Enforcement may examine any electronic
420
gaming machine to determine whether the machine has been tampered
421
with or manipulated and whether the machine should be returned to
422
operation.
423
(h) Submit a security plan, including the facilities' floor
424
plans, the locations of security cameras, and a listing of all
425
security equipment that is capable of observing and
426
electronically recording activities being conducted in the
427
facilities of the electronic gaming machine licensee. The
428
security plan must meet the minimum security requirements as
429
determined by the division under this act, and be implemented
430
prior to operation of electronic gaming machine games. The
431
electronic gaming machine licensee's facilities must adhere to
432
the security plan at all times. Any changes to the security plan
433
must be submitted by the licensee to the division before they are
434
implemented. The division shall furnish copies of the security
435
plan and changes in the plan to the Department of Law
436
Enforcement.
437
(i) Create and file with the division a written policy for:
438
1. Creating opportunities to purchase from vendors in this
439
state, including minority vendors.
440
2. Creating opportunities for employment of residents of
441
this state, including minority residents.
442
3. Ensuring opportunities for construction services from
443
minority contractors.
444
4. Ensuring that opportunities for employment are offered
445
on an equal, nondiscriminatory basis.
446
5. Training for employees on responsible gaming and working
447
with a compulsive or addictive gambling prevention program to
448
further its purposes as provided for in this act.
449
6. The implementation of a drug-testing program that
450
includes, but is not limited to requiring each employee to sign
451
an agreement that he or she understands that the electronic
452
gaming machine facility is a drug-free workplace.
453
454
The electronic gaming machine licensee shall use the Internet-
455
based job-listing system of the Agency for Workforce Innovation
456
in advertising employment opportunities. Beginning in June 2009,
457
each electronic gaming machine licensee shall submit an annual
458
report to the division containing information indicating
459
compliance with this paragraph in regard to minority persons.
460
(j) Ensure that the payout percentage of an electronic
461
gaming machine is no less than 85 percent. The theoretical payout
462
percentage will be determined using standard methods of
463
probability theory.
464
(5) An electronic gaming machine license is not
465
transferable.
466
(6) An electronic gaming machine licensee shall keep and
467
maintain permanent daily records of its electronic gaming machine
468
operation and shall maintain such records for a period of not
469
less than 5 years. These records must include all financial
470
transactions and contain sufficient detail to determine
471
compliance with this act. All records shall be available for
472
audit and inspection by the division, the Department of Law
473
Enforcement, or other law enforcement agencies during the
474
licensee's regular business hours.
475
(7) An electronic gaming machine licensee shall file with
476
the division a monthly report containing the required records of
477
such electronic gaming machine operation. The required reports
478
shall be submitted on forms prescribed by the division and shall
479
be due at the same time as the monthly pari-mutuel reports are
480
due. Such reports are public records once filed.
481
(8) An electronic gaming machine licensee shall file with
482
the division an audit of the receipt and distribution of all
483
electronic gaming machine revenues provided by an independent
484
certified public accountant verifying compliance with all
485
financial and auditing provisions of this act and rules adopted
486
under this act. The audit must include verification of compliance
487
with all statutes and rules regarding all required records of
488
electronic gaming machine operations. Such audit shall be filed
489
within 120 days after completion of the permitholder's fiscal
490
year.
491
(9) The division may share any information with the
492
Department of Law Enforcement, any other law enforcement agency
493
with jurisdiction over electronic gaming machines or pari-mutuel
494
activities, or any other state or federal law enforcement agency
495
the division or the Department of Law Enforcement deems
496
appropriate. Any law enforcement agency having jurisdiction over
497
electronic gaming machines or pari-mutuel activities may share
498
with the division information obtained or developed by it.
499
(10)(a) An electronic gaming machine license or renewal may
500
not be issued to an applicant licensed under chapter 550, Florida
501
Statutes, to conduct live pari-mutuel wagering races or games
502
unless the applicant has on file with the division the following
503
binding written agreements governing the payment of awards and
504
purses on live races or games conducted at the licensee's pari-
505
mutuel facility:
506
1. For a thoroughbred licensee, an agreement governing the
507
payment of purses between the applicant and the Florida
508
Horsemen's Benevolent and Protective Association, Inc., or the
509
association representing a majority of the thoroughbred owners
510
and trainers at the applicant's eligible facility located as
511
described in s. 550.615(9), Florida Statutes, and an agreement
512
governing the payment of awards between the applicant and the
513
Florida Thoroughbred Breeders' Association;
514
2. For a harness licensee, an agreement governing the
515
payment of purses and awards between the applicant and the
516
Florida Standardbred Breeders and Owners Association;
517
3. For a greyhound licensee, an agreement governing the
518
payment of purses between the applicant and the Florida Greyhound
519
Association, Inc.;
520
4. For a quarter horse licensee, an agreement governing the
521
payment of purses between the applicant and the Florida Quarter
522
Horse Racing Association, and an agreement governing the payment
523
of awards between the applicant and the Florida Quarter Horse
524
Breeders and Owners Association; or
525
5. For a jai alai licensee, an agreement governing the
526
payment of player awards between the applicant and the
527
International Jai Alai Players Association or a binding written
528
agreement approved by a majority of the jai alai players at the
529
applicant's eligible facility at which the applicant has a permit
530
issued after January 1, 2000, to conduct jai alai.
531
(b) The agreements may direct the payment of purses and
532
awards from revenues generated by any wagering or games the
533
applicant is authorized to conduct under state law. All purses
534
and awards are subject to the terms of chapter 550, Florida
535
Statutes. All sums for breeders', stallion, and special racing
536
awards shall be remitted monthly to the respective breeders
537
association for the payment of awards, subject to the
538
administrative fees authorized under chapter 550, Florida
539
Statutes.
540
(c) An electronic gaming machine license or renewal thereof
541
may not be issued to an applicant licensed to conduct intertrack
542
wagering under s. 550.6308, Florida Statutes, unless the
543
applicant has on file with the division a binding written
544
agreement between the applicant and the Florida Thoroughbred
545
Breeders' Association, Inc., dedicating to the payment of
546
breeders', stallion, and special racing awards on live
547
thoroughbred races conducted in this state at least the same
548
percentage of electronic gaming machine revenues as the highest
549
percentage of electronic gaming machine revenues dedicated to
550
purses and awards in a current agreement under this subsection by
551
an applicant licensed under chapter 550, Florida Statutes, to
552
conduct live thoroughbred races, with at least half of such funds
553
distributed as special racing awards.
554
(d) The division shall suspend an electronic gaming machine
555
license if any agreement required under paragraph (a) is
556
terminated or otherwise ceases to operate or if the division
557
determines that the licensee is materially failing to comply with
558
the terms of such agreement. Any suspension shall take place in
559
accordance with chapter 120, Florida Statutes.
560
(e)1. If an agreement required under paragraph (a) cannot
561
be reached prior to the initial issuance of the electronic gaming
562
machine license, either party may request arbitration or, in the
563
case of a renewal, if such agreement is not in place 120 days
564
prior to the scheduled expiration date of the electronic gaming
565
machine license, the applicant shall immediately ask the American
566
Arbitration Association to furnish a list of 11 arbitrators, each
567
of whom shall have at least 5 years of commercial arbitration
568
experience and no financial interest in or prior relationship
569
with any party or with an affiliated or related entity or
570
principal. Each required party to the agreement shall select a
571
single arbitrator from the list within 10 days after receipt, and
572
the persons selected shall choose one additional arbitrator from
573
the list within 10 days.
574
2. If an agreement required under paragraph (a) is not in
575
place 60 days after the request under subparagraph 1., in the
576
case of an initial electronic gaming machine license or, in the
577
case of a renewal, 60 days prior to the scheduled expiration date
578
of the license, the matter shall be immediately submitted to
579
mandatory binding arbitration. The three arbitrators selected
580
pursuant to subparagraph 1. shall conduct the arbitration
581
pursuant to the American Arbitration Association Commercial
582
Arbitration Rules and chapter 682, Florida Statutes.
583
3. At the conclusion of the proceedings, which may be no
584
later than 90 days after the request under subparagraph 1. in the
585
case of an initial electronic gaming machine license or, in the
586
case of a renewal, 30 days prior to the scheduled expiration date
587
of the electronic gaming machine license, the arbitration panel
588
shall present to the parties a proposed agreement that the
589
majority of the panel believes equitably balances the rights,
590
interests, obligations, and reasonable expectations of the
591
parties. The parties shall immediately enter into such agreement,
592
which shall satisfy the requirements of paragraph (a) and permit
593
issuance of the pending annual electronic gaming machine license
594
or renewal. The agreement shall be effective until the last day
595
of the license or renewal period or until the parties enter into
596
a different agreement. Each party shall pay its respective costs
597
of arbitration and shall pay one-half of the costs of the
598
arbitration panel, unless the parties otherwise agree. If the
599
agreement remains in place 120 days prior to the scheduled
600
issuance of the next annual license renewal, the arbitration
601
process established in this paragraph shall begin again.
602
4. If neither agreement required under paragraph (a) is in
603
place by the deadlines established in this paragraph, arbitration
604
regarding each agreement will proceed independently, with
605
separate lists of arbitrators, arbitration panels, arbitration
606
proceedings, and resulting agreements.
607
5. With respect to the agreement required under paragraph
608
(a) governing the payment of purses, the arbitration and
609
resulting agreement is limited to the payment of purses from
610
electronic gaming machine revenues only.
611
(f) If any provision of this subsection or its application
612
to any person or circumstance is held invalid, the invalidity
613
does not affect other provisions or applications of this
614
subsection or act which can be given effect without the invalid
615
provision or application, and to this end the provisions of this
616
subsection are severable.
617
Section 5. Temporary licenses.--
618
(1) Notwithstanding any provision of s. 120.60, Florida
619
Statutes, to the contrary, the division may issue a temporary
620
occupational license upon receipt of a complete application and a
621
determination that the applicant has not been convicted of or had
622
adjudication withheld on any disqualifying criminal offense. The
623
temporary occupational license remains valid until the division
624
grants an occupational license or notifies the applicant of its
625
intended decision to deny the license pursuant to the provisions
626
of s. 120.60, Florida Statutes. The division shall adopt rules to
627
administer this subsection. However, not more than one temporary
628
license may be issued for any person in any year.
629
(2) A temporary license issued under this section is
630
nontransferable.
631
Section 6. Electronic gaming machine license renewal.--
632
(1) An electronic gaming machine license is effective for 1
633
year after issuance and shall be renewed annually. The
634
application for renewal must contain all revisions to the
635
information submitted in the prior year's application which are
636
necessary to maintain such information as accurate and current.
637
(2) The applicant for renewal shall attest that any
638
information changes do not affect such applicant's qualifications
639
for license renewal.
640
(3) Upon determination by the division that the application
641
for renewal is complete and qualifications have been met,
642
including payment of the renewal fee, the license shall be
643
renewed.
644
Section 7. License fee; tax rate; penalties.--
645
(1) LICENSE FEE.--
646
(a) Upon submission of the initial application for an
647
electronic gaming machine license and annually thereafter, on the
648
anniversary date of the issuance of the initial license, the
649
licensee must pay to the division a nonrefundable license fee of
650
$3 million for the succeeding 12 months of licensure. The fee
651
shall be deposited into the Pari-mutuel Wagering Trust Fund of
652
the Department of Business and Professional Regulation to be used
653
by the division and the Department of Law Enforcement for
654
investigations, regulation of electronic gaming, and enforcement
655
of electronic gaming provisions. These payments shall be
656
accounted for separately from taxes or fees paid pursuant to the
657
provisions of chapter 550 or chapter 551, Florida Statutes.
658
(b) The division shall evaluate the license fee and submit
659
recommendations in the legislative budget request regarding the
660
optimum level of electronic gaming machine license fees required
661
to adequately support the electronic gaming machine regulatory
662
program.
663
(c) Notwithstanding s. 550.135(2), Florida Statutes, all
664
fees and fines collected pursuant to this chapter shall remain in
665
the Pari-Mutuel Wagering Trust Fund for use by the Division for
666
regulation of electronic gaming machines and electronic games.
667
(2) TAX ON ELECTRONIC GAMING MACHINE REVENUES.--
668
(a) The tax rate on electronic gaming machine revenues at
669
each facility shall be 35 percent.
670
(b) The electronic gaming machine revenue tax imposed by
671
this section shall be paid to the division for deposit into the
672
Pari-mutuel Wagering Trust Fund for immediate transfer by the
673
Chief Financial Officer for deposit into the Educational
674
Enhancement Trust Fund of the Department of Education. Any
675
interest earnings on the tax revenues shall also be transferred
676
to the Educational Enhancement Trust Fund.
677
(c)1. Funds transferred to the Educational Enhancement
678
Trust Fund shall be used to supplement public education funding
679
statewide.
680
2. If necessary to comply with any covenant established
682
Florida Statutes, funds transferred to the Educational
683
Enhancement Trust Fund shall first be available to pay debt
684
service on lottery bonds issued to fund school construction in
685
the event lottery revenues are insufficient for such purpose or
686
to satisfy debt service reserve requirements established in
687
connection with lottery bonds. Moneys available pursuant to this
688
subparagraph are subject to annual appropriation by the
689
Legislature.
690
(3) PAYMENT AND DISPOSITION OF TAXES.--Payment for the tax
691
on electronic gaming machine revenues imposed by this section
692
shall be paid to the division. The division shall deposit such
693
funds with the Chief Financial Officer, to the credit of the
694
Pari-mutuel Wagering Trust Fund. The electronic gaming machine
695
licensee shall remit to the division payment for the tax on
696
electronic gaming machine revenues by 3 p.m. Wednesday of each
697
week for taxes imposed and collected for the preceding week
698
ending on Sunday. The electronic gaming machine licensee shall
699
file a report under oath by the 5th day of each calendar month
700
for all taxes remitted during the preceding calendar month. Such
701
payments shall be accompanied by a report under oath showing all
702
electronic gaming machine activities for the preceding calendar
703
month and such other information as may be prescribed by the
704
division.
705
(4) FAILURE TO PAY TAX; PENALTIES.--An electronic gaming
706
machine licensee who does not make tax payments required under
707
this section is subject to an administrative penalty of up to
708
$10,000 for each day the tax payment is not remitted. All
709
administrative penalties imposed and collected shall be deposited
710
into the Pari-mutuel Wagering Trust Fund of the Department of
711
Business and Professional Regulation. If an electronic gaming
712
machine licensee does not pay penalties imposed by the division,
713
the division may suspend, revoke, or refuse to renew the license
714
of the electronic gaming machine licensee.
715
(5) SUBMISSION OF FUNDS.--The division may require
716
electronic gaming machine licensees to remit taxes, fees, fines,
717
and assessments by electronic funds transfer.
718
Section 8. Electronic gaming machine occupational license;
719
findings; application; fee.--
720
(1) The Legislature finds that licensees under this section
721
require heightened state scrutiny, including the submission by
722
individual licensees or persons associated with those entities
723
described in this act of fingerprints for a criminal history
724
record check.
725
(2)(a) The following electronic gaming machine occupational
726
licenses shall be issued to applicants that, by virtue of the
727
positions they hold, might be granted access to electronic gaming
728
machine areas or to any other person or entity in one of the
729
following categories:
730
1. General occupational licenses for general employees,
731
including food service, maintenance, and other similar service
732
and support employees having access to the electronic gaming
733
machine area.
734
2. Professional occupational licenses for any person,
735
proprietorship, partnership, corporation, or other entity that is
736
authorized by an electronic gaming machine licensee to manage,
737
oversee, or otherwise control daily operations as an electronic
738
gaming machine manager, floor supervisor, security personnel, or
739
other similar position of oversight of gaming operations, or any
740
person who is not an employee of the electronic gaming machine
741
licensee and who provides maintenance, repair, or upgrades or
742
otherwise services an electronic gaming machine or other
743
electronic gaming machine equipment.
744
3. Business occupational licenses for any electronic gaming
745
machine management company or company associated with electronic
746
gaming, any person who manufactures, distributes, or sells
747
electronic gaming machines, electronic gaming machine
748
paraphernalia, or other associated equipment to electronic gaming
749
machine licensees, or any company that sells or provides goods or
750
services associated with electronic gaming to electronic gaming
751
machine licensees.
752
(b) The division may issue one license in order to combine
753
licenses under this section with pari-mutuel occupational
754
licenses and cardroom licenses pursuant to s. 550.105(2)(b),
755
Florida Statutes. The division shall adopt rules pertaining to
756
occupational licenses under this subsection. Such rules may
757
specify requirements and restrictions for licensed occupations
758
and categories, procedures to apply for a license or combination
759
of licenses, disqualifying criminal offenses for a licensed
760
occupation or categories of occupations, and which types of
761
occupational licenses may be combined into a single license under
762
this section. The fingerprinting requirements of subsection (7)
763
apply to any combination license that includes electronic gaming
764
machine license privileges. The division may not adopt a rule
765
allowing the issuance of an occupational license to any person
766
who does not meet the minimum background qualifications of this
767
section.
768
(c) Electronic gaming machine occupational licenses are not
769
transferable.
770
(3) An electronic gaming machine licensee may not employ or
771
otherwise allow a person to work at a licensed facility unless
772
such person holds the appropriate valid occupational license. An
773
electronic gaming machine licensee may not contract or otherwise
774
conduct business with a business required to hold an electronic
775
gaming machine occupational license unless the business holds
776
such a license. An electronic gaming machine licensee may not
777
employ or otherwise allow a person to work in a supervisory or
778
management professional level at a licensed facility unless such
779
person holds a valid electronic gaming machine occupational
780
license. All electronic gaming machine occupational licensees,
781
while present in electronic gaming machine areas, shall display
782
on their persons their occupational license identification cards.
783
(4)(a) A person seeking an electronic gaming machine
784
occupational license or renewal thereof shall apply on forms
785
prescribed by the division and include payment of the appropriate
786
application fee. Initial and renewal applications for electronic
787
gaming machine occupational licenses must contain all information
788
that the division, by rule, requires.
789
(b) An electronic gaming machine license or combination
790
license is valid for the same term as a pari-mutuel occupational
791
license issued pursuant to s. 550.105(1), Florida Statutes.
792
(c) Pursuant to rules adopted by the division, any person
793
may apply for and, if qualified, be issued an electronic gaming
794
machine occupational license valid for a period of 3 years upon
795
payment of the full occupational license fee for each of the 3
796
years for which the license is issued. The electronic gaming
797
machine occupational license is valid during its specified term
798
at any licensed facility where electronic gaming machine gaming
799
is authorized to be conducted.
800
(d) The electronic gaming machine occupational license fee
801
for initial application and annual renewal shall be determined by
802
rule of the division but may not exceed $50 for a general or
803
professional occupational license for an employee of the
804
electronic gaming machine licensee or $1,000 for a business
805
occupational license for nonemployees of the licensee who provide
806
goods or services to the electronic gaming machine licensee.
807
License fees for general occupational licenses shall be paid by
808
the electronic gaming machine licensee. Failure to pay the
809
required fee constitutes grounds for disciplinary action by the
810
division against the electronic gaming machine licensee, but it
811
is not a violation of this act or rules of the division by the
812
general occupational licensee and does not prohibit the initial
813
issuance or the renewal of the general occupational license.
814
(5) The division may:
815
(a) Deny an application for, or revoke, suspend, or place
816
conditions or restrictions on, a license of an applicant or
817
licensee that has been refused a license by another state gaming
818
commission, governmental department, agency, or other authority
819
exercising regulatory jurisdiction over the gaming of another
820
state or jurisdiction; or
821
(b) Deny an application for, or suspend, or place
822
conditions on a license of any applicant or licensee that is
823
under suspension or has unpaid fines in another state or
824
jurisdiction.
825
(6)(a) The division may deny, suspend, revoke, or refuse to
826
renew any electronic gaming machine occupational license if the
827
applicant or licensee has violated this act or the rules
828
governing the conduct of persons connected with electronic games
829
or electronic gaming. In addition, the division may deny,
830
suspend, revoke, or refuse to renew any electronic gaming machine
831
occupational license if the applicant or licensee has been
832
convicted under the laws of this state or of another state, or
833
under the laws of the United States, of a capital felony, a
834
felony, or an offense in another state which would be a felony
835
under the laws of this state involving arson; trafficking in,
836
conspiracy to traffic in, smuggling, importing, conspiracy to
837
smuggle or import, or delivery, sale, or distribution of a
838
controlled substance; racketeering; or a crime showing a lack of
839
good moral character, or has had a gaming license revoked by this
840
state or another jurisdiction for any gaming-related offense.
841
(b) The division may deny, revoke, or refuse to renew any
842
electronic gaming machine occupational license if the applicant
843
or licensee has been convicted of a felony or misdemeanor in this
844
state, in another state, or under the laws of the United States
845
if such felony or misdemeanor is related to gambling or
846
bookmaking as described in s. 849.25, Florida Statutes.
847
(c) As used in this subsection, the term "convicted" means
848
having been found guilty, with or without adjudication of guilt,
849
as a result of a jury verdict, nonjury trial, or entry of a plea
850
of guilty or nolo contendere.
851
(7) Fingerprints for electronic gaming machine occupational
852
license applications shall be taken in a manner approved by the
853
division and shall be submitted electronically to the Department
854
of Law Enforcement for state processing and to the Federal Bureau
855
of Investigation for national processing for a criminal history
856
record check. All persons as specified in s. 550.1815(1)(a),
857
Florida Statutes, employed by or working within licensed premises
858
shall submit fingerprints for a criminal history record check and
859
may not have been convicted of any disqualifying criminal
860
offenses specified in subsection (6). Division employees and law
861
enforcement officers assigned to work within such premises as
862
part of their official duties are excluded from the criminal
863
history record check requirements. As used in this subsection,
864
the term "convicted" means having been found guilty, with or
865
without adjudication of guilt, as a result of a jury verdict,
866
nonjury trial, or entry of a plea of guilty or nolo contendere.
867
(a) Fingerprints shall be taken in a manner approved by the
868
division upon initial application, or as required thereafter by
869
rule of the division, and shall be submitted electronically to
870
the Department of Law Enforcement for state processing. The
871
Department of Law Enforcement shall forward the fingerprints to
872
the Federal Bureau of Investigation for national processing. The
873
results of the criminal history record check shall be returned to
874
the division for screening. Licensees shall provide necessary
875
equipment, approved by the Department of Law Enforcement, to
876
facilitate such electronic submission. The division requirements
877
shall be instituted in consultation with the Department of Law
878
Enforcement.
879
(b) The cost of processing fingerprints and conducting a
880
criminal history record check for a general occupational license
881
shall be paid by the electronic gaming machine licensee. The cost
882
of processing fingerprints and conducting a criminal history
883
record check for a business or professional occupational license
884
shall be paid by the person being checked. The Department of Law
885
Enforcement may invoice the division for the fingerprints
886
submitted each month.
887
(c) All fingerprints submitted to the Department of Law
888
Enforcement shall be retained by the Department of Law
889
Enforcement and entered into the statewide automated fingerprint
890
identification system as authorized by s. 943.05(2)(b), Florida
891
Statutes, and shall be available for all purposes and uses
892
authorized for arrest fingerprint cards in the statewide
893
automated fingerprint identification system pursuant to s.
894
943.051, Florida Statutes.
895
(d) The Department of Law Enforcement shall search all
896
arrest fingerprints received pursuant to s. 943.051, Florida
897
Statutes, against the fingerprints retained in the statewide
898
automated fingerprint identification system. Any arrest record
899
that is identified with the retained fingerprints of a person
900
subject to the criminal history screening requirements shall be
901
reported to the division. Each licensed facility shall pay a fee
902
for the cost of retention of the fingerprints and the ongoing
903
searches under this paragraph. The division shall forward the fee
904
to the Department of Law Enforcement. The amount of the fee to be
905
imposed for such searches and the procedures for the retention of
906
licensee fingerprints shall be as established by rule of the
907
Department of Law Enforcement. The division shall inform the
908
Department of Law Enforcement of any change in the license status
909
of licensees whose fingerprints are retained.
910
(e) The division shall request the Department of Law
911
Enforcement to forward the fingerprints to the Federal Bureau of
912
Investigation for a national criminal history records check every
913
3 years following issuance of a license. If the fingerprints of a
914
person who is licensed have not been retained by the Department
915
of Law Enforcement, the person must file a complete set of
916
fingerprints as provided in paragraph (a). The division shall
917
collect the fees for the cost of the national criminal history
918
record check and shall forward the payment to the Department of
919
Law Enforcement. The cost of processing fingerprints and
920
conducting a criminal history record check for a general
921
occupational license shall be paid by the electronic gaming
922
machine licensee. The cost of processing fingerprints and
923
conducting a criminal history record check for a business or
924
professional occupational license shall be paid by the person
925
being checked. The Department of Law Enforcement may invoice the
926
division for the fingerprints submitted each month. Under penalty
927
of perjury, each person who is licensed or fingerprinted must
928
agree to inform the division within 48 hours if he or she is
929
convicted of or enters a plea of guilty or nolo contendere to any
930
disqualifying offense, regardless of adjudication.
931
(8) All moneys collected pursuant to this section shall be
932
deposited into the Pari-mutuel Wagering Trust Fund.
933
(9) The division may deny, revoke, or suspend any
934
occupational license if the applicant or licensee accumulates
935
unpaid obligations, defaults in obligations, or issues drafts or
936
checks that are dishonored or for which payment is refused
937
without reasonable cause.
938
(10) The division may fine or suspend, revoke, or place
939
conditions upon the license of any licensee who provides false
940
information under oath regarding an application for a license or
941
an investigation by the division.
942
(11) The division may impose a civil fine of up to $5,000
943
for each violation of this act or the rules of the division in
944
addition to or in lieu of any other penalty. The division may
945
adopt a penalty schedule for violations for which it would impose
946
a fine in lieu of a suspension and adopt rules allowing for the
947
issuance of citations, including procedures to address such
948
citations, to persons who violate such rules. In addition to any
949
other penalty provided by law, the division may exclude from all
950
licensed electronic gaming machine facilities in this state, for
951
a period not to exceed the period of suspension, revocation, or
952
ineligibility, any person whose occupational license application
953
has been refused or who has been declared ineligible to hold an
954
occupational license or whose occupational license has been
955
suspended or revoked by the division.
956
Section 9. Prohibited relationships.--
957
(1) A person employed by or performing any function on
958
behalf of the division may not:
959
(a) Be an officer, director, owner, or employee of any
960
person or entity licensed by the division.
961
(b) Have or hold any interest, direct or indirect, in or
962
engage in any commerce or business relationship with any person
963
licensed by the division.
964
(2) A manufacturer or distributor of electronic gaming
965
machines may not enter into any contract with an electronic
966
gaming machine licensee which provides for any revenue sharing
967
that is directly or indirectly calculated on the basis of a
968
percentage of electronic gaming machine revenues. Any maneuver,
969
shift, or device whereby this subsection is violated is a
970
violation of this act and renders any such agreement void.
971
(3) A manufacturer or distributor of electronic gaming
972
machines or equipment necessary for the operation of electronic
973
gaming machines or an officer, director, or employee of any such
974
manufacturer or distributor may not have any ownership or
975
financial interest in an electronic gaming machine license or any
976
business owned by an electronic gaming machine licensee.
977
(4) An employee of the division or relative living in the
978
same household as the employee may not wager on an electronic
979
gaming machine located at a facility licensed by the division.
980
(5) An occupational licensee or relative living in the same
981
household as the licensee may not wager on an electronic gaming
982
machine located at a facility operated by such licensee.
983
Section 10. Prohibited acts; penalties.--
984
(1) Except as otherwise provided by law and in addition to
985
any other penalty, a person who knowingly makes or causes to be
986
made, or aids, assists, or procures another to make, a false
987
statement in any report, disclosure, application, or other
988
document required under this act or under any rule adopted under
989
this act is subject to an administrative fine or civil penalty of
990
up to $10,000.
991
(2) Except as otherwise provided by law and in addition to
992
any other penalty, a person who possesses an electronic gaming
993
machine without a license required by this act or who possesses
994
an electronic gaming machine at a location other than at the
995
electronic gaming machine licensee's facility is subject to an
996
administrative fine or civil penalty of up to $10,000 per
997
machine. This prohibition does not apply to:
998
(a) Electronic gaming machine manufacturers or distributors
999
that hold appropriate licenses who are authorized to maintain an
1000
electronic gaming machine storage and maintenance facility in
1001
this state. The division may adopt rules regarding security,
1002
inspection, and access to the storage facility.
1003
(b) Certified educational facilities that are authorized by
1004
the division to maintain electronic gaming machines for the sole
1005
purpose of education and licensure of electronic gaming machine
1006
technicians, inspectors, or investigators. The division and the
1007
Department of Law Enforcement may possess electronic gaming
1008
machines for training and testing purposes. The division may
1009
adopt rules regarding the regulation of such electronic gaming
1010
machines used for the sole purpose of education and licensure of
1011
electronic gaming machine technicians, inspectors, or
1012
investigators.
1013
(3) A person who knowingly excludes or attempts to exclude,
1014
anything of value from the deposit, counting, collection, or
1015
computation of revenues from electronic gaming machine activity,
1016
or a person who by trick, sleight-of-hand performance, fraud or
1017
fraudulent scheme, or device wins or attempts to win, for himself
1018
or herself or for another, money or property or a combination
1019
thereof, or reduces or attempts to reduce a losing wager in
1020
connection with electronic gaming commits a felony of the third
1022
775.084, Florida Statutes.
1023
(4) Any person who manipulates or attempts to manipulate
1024
the outcome, payoff, or operation of an electronic gaming machine
1025
by physical tampering or the use of an object, instrument, or
1026
device, whether mechanical, electrical, or magnetic, or by other
1027
means, commits a felony of the third degree, punishable as
1029
Statutes.
1030
(5) Theft of electronic gaming machine proceeds or property
1031
belonging to an electronic gaming machine operator, licensee, or
1032
licensed facility by an employee of the operator or facility or
1033
by an officer, partner, owner, or employee of a person contracted
1034
to provide services to the operator or facility constitutes a
1035
felony of the third degree, punishable as provided in s. 775.082
1036
or s. 775.083, Florida Statutes.
1037
(6)(a) A law enforcement officer or electronic gaming
1038
machine operator who has probable cause to believe that a person
1039
has committed a violation of subsection (3), subsection (4), or
1040
subsection (5) and that officer or operator can recover the lost
1041
proceeds from the activity by taking the person into custody may,
1042
for the purpose of attempting to effect the recovery of the
1043
proceeds, take into custody on the premises and detain the person
1044
in a reasonable manner for a reasonable time. If the operator
1045
takes the person into custody, a law enforcement officer shall be
1046
called to the scene immediately. The taking into custody and
1047
detention by a law enforcement officer or electronic gaming
1048
machine operator, if done in compliance with this subsection,
1049
does not render such law enforcement officer, or the officer's
1050
agency, or the electronic gaming machine operator criminally or
1051
civilly liable for false arrest, false imprisonment, or unlawful
1052
detention.
1053
(b) A law enforcement officer may arrest, on or off the
1054
premises and without warrant, any person if the officer has
1055
probable cause to believe that person has violated subsection
1056
(3), subsection (4), or subsection (5).
1057
(c) A person who resists the reasonable effort of a law
1058
enforcement officer or electronic gaming machine operator to take
1059
into custody a person who is violating subsection (3), subsection
1060
(4), or subsection (5) commits a misdemeanor of the first degree,
1062
Statutes, unless the person did not know or have reason to know
1063
that the person seeking to take him or her into custody was a law
1064
enforcement officer or electronic gaming machine operator.
1065
(7) Penalties imposed and collected under this section must
1066
be deposited into the Pari-mutuel Wagering Trust Fund of the
1067
Department of Business and Professional Regulation.
1068
Section 11. Legal devices.--Notwithstanding any provision
1069
of law to the contrary, electronic gaming machines manufactured,
1070
sold, distributed, possessed, or operated pursuant to this act
1071
are lawful in this state. No electronic game or electronic gaming
1072
machine shall enter the state until it has been tested and
1073
certified by a licensed testing laboratory, and certified for
1074
play in the state. The division shall adopt rules regarding the
1075
testing, certification, control, and approval of electronic games
1076
and electronic gaming machines entering, departing, or moving
1077
within the state.
1078
Section 12. Exclusions of certain persons.--In addition to
1079
the power to exclude certain persons, the division may exclude
1080
any person from a facility of an electronic gaming machine
1081
licensee in this state for conduct that would constitute, if the
1082
person were a licensee, a violation of this act or the rules of
1083
the division. The division may exclude a person who has been
1084
ejected from a gaming facility or who has been excluded from a
1085
gaming facility in another state by the governmental authority
1086
exercising regulatory jurisdiction over the gaming in such other
1087
state. This section does not abrogate the common law right of an
1088
electronic gaming machine licensee to exclude a patron.
1089
Section 13. Persons prohibited from operating electronic
1090
gaming machines.--
1091
(1) A person who has not attained 21 years of age may not
1092
operate or play an electronic gaming machine or have access to
1093
the designated electronic gaming machine area of a facility of an
1094
electronic gaming machine licensee.
1095
(2) An electronic gaming machine licensee or agent or
1096
employee of an electronic gaming machine licensee may not
1097
knowingly allow a person who has not attained 21 years of age:
1098
(a) To play or operate an electronic gaming machine.
1099
(b) To be employed in any position allowing or requiring
1100
access to the designated gaming area of a facility of an
1101
electronic gaming machine licensee.
1102
(c) To have access to the designated electronic gaming
1103
machine area of a facility of an electronic gaming machine
1104
licensee.
1105
(3) A licensed facility shall post clear and conspicuous
1106
signage within the designated electronic gaming machine areas
1107
which states:
1108
1109
THE PLAYING OF ELECTRONIC GAMING MACHINES BY PERSONS UNDER
1110
THE AGE OF 21 IS AGAINST FLORIDA LAW (CITE TO FLORIDA
1111
STATUTES SECTION). PROOF OF AGE MAY BE REQUIRED AT ANY TIME.
1112
1113
Section 14. Electronic gaming machine areas.--
1114
(1) An electronic gaming machine licensee may make
1115
available for play up to 2,000 electronic gaming machines within
1116
the eligible facility of the electronic gaming machine licensee
1117
in a designated electronic gaming machine area. No more than
1118
2,000 electronic gaming machines shall be authorized at a
1119
facility regardless of the number of permitholders conducting
1120
operations at that facility.
1121
(2) The electronic gaming machine licensee shall display
1122
pari-mutuel races or games within the designated electronic
1123
gaming machine areas and offer patrons within such areas the
1124
opportunity to wager on live, intertrack, and simulcast races
1125
offered to the patrons.
1126
(3) The division shall require the posting of signs warning
1127
of the risks and dangers of gambling, showing the odds of
1128
winning, and informing patrons of the toll-free telephone number
1129
available to provide information and referral services regarding
1130
compulsive or problem gambling.
1131
(4) Designated electronic gaming machine areas may be
1132
located within the current live gaming facility or an existing
1133
building that is contiguous and connected to the live gaming
1134
facility. If such gaming area is to be located in a building that
1135
is not yet constructed, the new building must be contiguous and
1136
connected to the live gaming facility.
1137
(5) An electronic gaming machine licensee shall provide
1138
adequate office space at no cost to the division and the
1139
Department of Law Enforcement for the oversight of electronic
1140
gaming machine operations. The division shall adopt rules
1141
establishing criteria for adequate space, configuration, and
1142
location and needed electronic and technological requirements.
1143
Section 15. Days and hours of operation.--Electronic gaming
1144
machine areas may be open daily throughout the year. They may be
1145
open a cumulative total of 18 hours per day on Monday through
1146
Friday and 24 hours per day on Saturday and Sunday and on
1147
holidays specified in s. 110.117(1), Florida Statutes.
1148
Section 16. Penalties.--The division may revoke or suspend
1149
an electronic gaming machine license issued under this act upon
1150
the willful violation by the licensee of any provision of this
1151
act or rule adopted under this act. In lieu of suspending or
1152
revoking an electronic gaming machine license, the division may
1153
impose a civil penalty against the licensee for such violation.
1154
Except as otherwise provided in this act, the division may not
1155
impose a penalty that exceeds $100,000 for each count or separate
1156
offense. All fines collected must be deposited into the Pari-
1157
mutuel Wagering Trust Fund of the Department of Business and
1158
Professional Regulation.
1159
Section 17. Compulsive or addictive gambling prevention
1160
program.--
1161
(1) Each electronic gaming machine licensee shall offer
1162
training to employees on responsible gaming and shall work with a
1163
compulsive or addictive gambling prevention program to recognize
1164
problem gaming situations and implement responsible gaming
1165
programs and practices.
1166
(2) The division shall, subject to competitive bidding,
1167
contract for services related to the prevention of compulsive and
1168
addictive gambling. The contract shall require an advertising
1169
program to encourage responsible gaming practices and publicize a
1170
gambling telephone help line. Such advertisements must be made
1171
both publicly and inside the designated electronic gaming machine
1172
areas of the licensee's facilities. The terms of any contract for
1173
such services shall include accountability standards for any
1174
private provider. The failure of a private provider to meet any
1175
material term of the contract, including the accountability
1176
standards, constitutes a breach of contract or grounds for
1177
nonrenewal.
1178
(3) The compulsive or addictive gambling prevention program
1179
shall be funded from an annual nonrefundable regulatory fee of
1180
$250,000 paid by each licensee.
1181
Section 18. Caterer's license.--An electronic gaming
1182
machine licensee is entitled to a caterer's license pursuant to
1183
s. 565.02, Florida Statutes, on days on which the pari-mutuel
1184
facility is open to the public for electronic gaming machine
1185
play.
1186
Section 19. Prohibited activities and devices;
1187
exceptions.--
1188
(1) Complimentary or reduced-cost alcoholic beverages may
1189
not be served to persons in the designated electronic gaming
1190
machine area. Alcoholic beverages served to persons in the
1191
designated electronic gaming machine area shall cost at least the
1192
same amount as alcoholic beverages served to the general public
1193
at any bar within the facility.
1194
(2) An electronic gaming machine licensee may not make
1195
loans, provide credit, or advance cash to enable a person to play
1196
an electronic gaming machine. This subsection does not prohibit
1197
automated ticket redemption machines that dispense cash from the
1198
redemption of tickets from being located in the designated
1199
electronic gaming machine area.
1200
(3) An automated teller machine or similar device designed
1201
to provide credit or dispense cash may not be located within the
1202
designated electronic gaming machine area of a facility of an
1203
electronic gaming machine licensee.
1204
(4)(a) An electronic gaming machine licensee may not accept
1205
or cash a check from any person within the designated electronic
1206
gaming machine area of a facility.
1207
(b) Except as provided in paragraph (c) for employees of
1208
the facility, an electronic gaming machine licensee may not
1209
accept or cash for any person within the facility a government-
1210
issued check, third-party check, or payroll check made payable to
1211
an individual.
1212
(c) Outside the designated electronic gaming machine area,
1213
an electronic gaming machine licensee or operator may accept or
1214
cash a check for an employee of the facility who is prohibited
1215
from wagering on an electronic gaming machine under s.
1216
551.108(5), Florida Statutes, a check made directly payable to a
1217
person licensed by the division, or a check made directly payable
1218
to the licensee or operator from:
1219
1. A pari-mutuel patron; or
1220
2. A pari-mutuel facility in any state.
1221
(d) Unless accepting or cashing a check is prohibited by
1222
this subsection, an electronic gaming machine licensee or
1223
operator may accept and deposit in its accounts checks received
1224
in the normal course of business.
1225
(5) An electronic gaming machine, or the computer operating
1226
system linking the electronic gaming machine, may be linked to
1227
any other electronic gaming machine or computer operating system
1228
within this state.
1229
(6) An electronic gaming machine located within a licensed
1230
facility may accept tickets or electronic or account-based cards
1231
for wagering and return or may deliver payouts to the players in
1232
the form of tickets or electronic or account-based credits that
1233
may be exchanged for cash, merchandise, or other items of value.
1234
The use of coins, currency, credit or debit cards, tokens, or
1235
similar objects is prohibited.
1236
Section 20. Rulemaking.--The division may adopt rules
1238
administer this act.
1239
Section 21. The Legislature finds and declares that it has
1240
exclusive authority over the conduct of all wagering occurring at
1241
electronic gaming machine facilities in this state. Only the
1242
Division of Pari-mutuel Wagering and other authorized state
1243
agencies may administer this act and regulate the electronic
1244
gaming machine industry, including operation of electronic gaming
1245
machine facilities, games, electronic gaming machines, and
1246
facilities-based computer systems authorized in this act and the
1247
rules adopted by the division.
1248
Section 22. This act does not apply to the use of player-
1249
operated bingo aides used in bingo games conducted by charitable,
1250
nonprofit, or veterans' organizations authorized to conduct bingo
1251
under s. 849.0931, Florida Statutes, and this act does not apply
1252
to game promotions or operators regulated under s. 849.094,
1253
Florida Statutes.
1254
Section 23. Paragraph (w) is added to subsection (1) of
1255
section 215.22, Florida Statutes, to read:
1256
215.22 Certain income and certain trust funds exempt.--
1257
(1) The following income of a revenue nature or the
1258
following trust funds shall be exempt from the appropriation
1259
required by s. 215.20(1):
1260
(w) Taxes imposed on electronic gaming and electronic
1261
gaming machines at eligible pari-mutuel facilities.
1262
Section 24. Subsection (11) of section 550.002, Florida
1263
Statutes, is amended to read:
1264
550.002 Definitions.--As used in this chapter, the term:
1265
(11) "Full schedule of live racing or games" means, for a
1266
greyhound or jai alai permitholder, the conduct of a combination
1267
of at least 100 live evening or matinee performances during the
1268
preceding year; for a permitholder who has a converted permit or
1269
filed an application on or before June 1, 1990, for a converted
1270
permit, the conduct of a combination of at least 100 live evening
1271
and matinee wagering performances during either of the 2
1272
preceding years; for a jai alai permitholder who does not operate
1273
slot machines or an electronic gaming machine in its pari-mutuel
1274
facility, who has conducted at least 100 live performances per
1275
year for at least 10 years after December 31, 1992, and whose
1276
handle on live jai alai games conducted at its pari-mutuel
1277
facility has been less than $4 million per state fiscal year for
1278
at least 2 consecutive years after June 30, 1992, the conduct of
1279
a combination of at least 40 live evening or matinee performances
1280
during the preceding year; for a jai alai permitholder who
1281
operates slot machines or electronic gaming machines in its pari-
1282
mutuel facility, the conduct of a combination of at least 150
1283
performances during the preceding year; for a harness
1284
permitholder, the conduct of at least 100 live regular wagering
1285
performances during the preceding year; for a quarter horse
1286
permitholder, the conduct of at least 40 live regular wagering
1287
performances during the preceding year; and for a thoroughbred
1288
permitholder, the conduct of at least 40 live regular wagering
1289
performances during the preceding year. For a permitholder which
1290
is restricted by statute to certain operating periods within the
1291
year when other members of its same class of permit are
1292
authorized to operate throughout the year, the specified number
1293
of live performances which constitute a full schedule of live
1294
racing or games shall be adjusted pro rata in accordance with the
1295
relationship between its authorized operating period and the full
1296
calendar year and the resulting specified number of live
1297
performances shall constitute the full schedule of live games for
1298
such permitholder and all other permitholders of the same class
1299
within 100 air miles of such permitholder. A live performance
1300
must consist of no fewer than eight races or games conducted live
1301
for each of a minimum of three performances each week at the
1302
permitholder's licensed facility under a single admission charge.
1303
Section 25. Subsection (4) is added to section 550.135,
1304
Florida Statutes, to read:
1305
550.135 Division of moneys derived under this law.--All
1306
moneys that are deposited with the Chief Financial Officer to the
1307
credit of the Pari-mutuel Wagering Trust Fund shall be
1308
distributed as follows:
1309
(4) The electronic gaming machine license fee, the
1310
electronic gaming machine occupational license fee, and the
1311
compulsive or addictive gambling prevention program fee collected
1312
pursuant to subsection (1) of section 7 of this act and
1313
subsection (3) of section 17 of this act shall be used to fund
1314
the direct and indirect operating expenses of the division's
1315
electronic gaming machine regulation operations and to provide
1316
funding for relevant enforcement activities in accordance with
1317
authorized appropriations. Funds deposited into the Pari-mutuel
1318
Wagering Trust Fund pursuant to subsection (1) of section 7 of
1319
this act and subsection (3) of section 17 of this act shall be
1320
reserved in the trust fund for electronic gaming machine
1321
regulation and enforcement operations. On June 30, any
1322
unappropriated funds in excess of those necessary for incurred
1323
obligations and subsequent year cash flow for electronic gaming
1324
machine regulation and enforcement operations shall be deposited
1325
with the Chief Financial Officer to the credit of the General
1326
Revenue Fund.
1327
Section 26. Subsection (2) of section 849.15, Florida
1328
Statutes, is amended to read:
1329
849.15 Manufacture, sale, possession, etc., of coin-
1330
operated devices prohibited.--
1331
(2) Pursuant to section 2 of that chapter of the Congress
1332
of the United States entitled "An act to prohibit transportation
1333
of gaming devices in interstate and foreign commerce," approved
1334
January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
1335
designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
1336
acting by and through the duly elected and qualified members of
1337
its Legislature, does hereby in this section, and in accordance
1338
with and in compliance with the provisions of section 2 of such
1339
chapter of Congress, declare and proclaim that any county of the
1340
State of Florida within which slot machine gaming is authorized
1341
pursuant to chapter 551 or electronic gaming is authorized at
1342
eligible pari-mutuel facilities is exempt from the provisions of
1343
section 2 of that chapter of the Congress of the United States
1344
entitled "An act to prohibit transportation of gaming devices in
1345
interstate and foreign commerce," designated as 15 U.S.C. ss.
1346
1171-1177, approved January 2, 1951. All shipments of gaming
1347
devices, including slot machines and electronic gaming machines,
1348
into any county of this state within which slot machine gaming is
1349
authorized pursuant to chapter 551 or electronic gaming is
1350
authorized at eligible pari-mutuel facilities and the
1351
registering, recording, and labeling of which have been duly
1352
performed by the manufacturer or distributor thereof in
1353
accordance with sections 3 and 4 of that chapter of the Congress
1354
of the United States entitled "An act to prohibit transportation
1355
of gaming devices in interstate and foreign commerce," approved
1356
January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
1357
designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal
1358
shipments thereof into this state provided the destination of
1359
such shipments is an eligible slot machine facility as defined in
1360
s. 551.102, an eligible electronic gaming machine facility, a
1361
certified educational facility, or the facility of a slot machine
1362
manufacturer or slot machine distributor as provided in s.
1363
551.109(2)(a), a certified educational facility, or the facility
1364
of an electronic gaming machine manufacturer or electronic gaming
1365
machine distributor authorized to possess electronic gaming
1366
machines as provided in the act authorizing electronic gaming
1367
machines at eligible pari-mutuel facilities.
1368
Section 27. Subsections (1) and (2) of section 895.02,
1369
Florida Statutes, are amended to read:
1371
term:
1372
(1) "Racketeering activity" means to commit, to attempt to
1373
commit, to conspire to commit, or to solicit, coerce, or
1374
intimidate another person to commit:
1375
(a) Any crime that is chargeable by indictment or
1376
information under the following provisions of the Florida
1377
Statutes:
1378
1. Section 210.18, relating to evasion of payment of
1379
cigarette taxes.
1380
2. Section 403.727(3)(b), relating to environmental
1381
control.
1383
fraud.
1384
4. Section 414.39, relating to public assistance fraud.
1386
compensation.
1387
6. Section 443.071(4), relating to creation of a fictitious
1388
employer scheme to commit unemployment compensation fraud.
1389
7. Section 465.0161, relating to distribution of medicinal
1390
drugs without a permit as an Internet pharmacy.
1392
499.0691, relating to crimes involving contraband and adulterated
1393
drugs.
1394
9. Part IV of chapter 501, relating to telemarketing.
1395
10. Chapter 517, relating to sale of securities and
1396
investor protection.
1398
to dogracing and horseracing.
1399
12. Chapter 550, relating to jai alai frontons.
1400
13. Section 551.109, relating to slot machine gaming.
1401
14. Chapter 552, relating to the manufacture, distribution,
1402
and use of explosives.
1403
15. Chapter 560, relating to money transmitters, if the
1404
violation is punishable as a felony.
1405
16. Chapter 562, relating to beverage law enforcement.
1406
17. Section 624.401, relating to transacting insurance
1407
without a certificate of authority, s. 624.437(4)(c)1., relating
1408
to operating an unauthorized multiple-employer welfare
1409
arrangement, or s. 626.902(1)(b), relating to representing or
1410
aiding an unauthorized insurer.
1411
18. Section 655.50, relating to reports of currency
1412
transactions, when such violation is punishable as a felony.
1413
19. Chapter 687, relating to interest and usurious
1414
practices.
1416
real estate timeshare plans.
1417
21. Chapter 782, relating to homicide.
1418
22. Chapter 784, relating to assault and battery.
1419
23. Chapter 787, relating to kidnapping or human
1420
trafficking.
1421
24. Chapter 790, relating to weapons and firearms.
1424
trafficking.
1425
26. Chapter 806, relating to arson.
1426
27. Section 810.02(2)(c), relating to specified burglary of
1427
a dwelling or structure.
1428
28. Chapter 812, relating to theft, robbery, and related
1429
crimes.
1430
29. Chapter 815, relating to computer-related crimes.
1431
30. Chapter 817, relating to fraudulent practices, false
1432
pretenses, fraud generally, and credit card crimes.
1433
31. Chapter 825, relating to abuse, neglect, or
1434
exploitation of an elderly person or disabled adult.
1435
32. Section 827.071, relating to commercial sexual
1436
exploitation of children.
1437
33. Chapter 831, relating to forgery and counterfeiting.
1438
34. Chapter 832, relating to issuance of worthless checks
1439
and drafts.
1440
35. Section 836.05, relating to extortion.
1441
36. Chapter 837, relating to perjury.
1442
37. Chapter 838, relating to bribery and misuse of public
1443
office.
1444
38. Chapter 843, relating to obstruction of justice.
1446
s. 847.07, relating to obscene literature and profanity.
1448
849.25, relating to gambling.
1449
41. Chapter 874, relating to criminal street gangs.
1450
42. Chapter 893, relating to drug abuse prevention and
1451
control.
1452
43. Chapter 896, relating to offenses related to financial
1453
transactions.
1455
a witness, victim, or informant, and retaliation against a
1456
witness, victim, or informant.
1458
jurors and evidence.
1459
46. Provisions of law relating to electronic gaming and
1460
electronic gaming machines at eligible pari-mutuel facilities.
1461
(b) Any conduct defined as "racketeering activity" under 18
1462
U.S.C. s. 1961(1).
1463
(2) "Unlawful debt" means any money or other thing of value
1464
constituting principal or interest of a debt that is legally
1465
unenforceable in this state in whole or in part because the debt
1466
was incurred or contracted:
1467
(a) In violation of any one of the following provisions of
1468
law:
1470
to dogracing and horseracing.
1471
2. Chapter 550, relating to jai alai frontons.
1472
3. Section 551.109, relating to slot machine gaming.
1473
4. Chapter 687, relating to interest and usury.
1475
849.25, relating to gambling.
1476
6. Provisions of law relating to electronic gaming and
1477
electronic gaming machines at eligible pari-mutuel facilities.
1478
(b) In gambling activity in violation of federal law or in
1479
the business of lending money at a rate usurious under state or
1480
federal law.
1481
Section 28. (1)(a) For the 2008-2009 fiscal year, 110
1482
full-time equivalent positions and 3,551,808 in associated salary
1483
rate are authorized, and the sums of $9,281,870 in recurring
1484
funds and $4,514,405 in nonrecurring funds are appropriated from
1485
the Pari-mutuel Wagering Trust Fund of the Department of Business
1486
and Professional Regulation for the purpose of carrying out all
1487
regulatory activities provided in this act. The Executive Office
1488
of the Governor shall place these positions, associated rate, and
1489
funds in reserve until the Executive Office of the Governor has
1490
approved an expenditure plan and a budget amendment submitted by
1491
the Department of Business and Professional Regulation
1492
recommending the transfer of such funds to traditional
1493
appropriation categories. Any action proposed pursuant to this
1494
paragraph is subject to the procedures set forth in s. 216.177,
1495
Florida Statutes.
1496
(b) For the 2008-2009 fiscal year, the sums of $4,849,500
1497
in recurring funds and $1,176,308 in nonrecurring funds are
1498
appropriated from the Pari-mutuel Wagering Trust Fund of the
1499
Department of Business and Professional Regulation for transfer
1500
to the Operating Trust Fund of the Department of Law Enforcement
1501
for the purpose of investigations, intelligence gathering,
1502
background investigations, and any other responsibilities as
1503
provided in this act.
1504
(2) For the 2008-2009 fiscal year, 61 full-time equivalent
1505
positions and 2,604,216 in associated salary rate are authorized,
1506
and the sums of $4,849,500 in recurring funds and $1,176,308 in
1507
nonrecurring funds are appropriated from the Operating Trust Fund
1508
of the Department of Law Enforcement for the purpose of
1509
investigations, intelligence gathering, background
1510
investigations, and any other responsibilities as provided by
1511
this act. The Executive Office of the Governor shall place these
1512
positions, associated rate, and funds in reserve until the
1513
Executive Office of the Governor has approved an expenditure plan
1514
and a budget amendment submitted by the Department of Law
1515
Enforcement recommending the transfer of such funds to
1516
traditional appropriation categories. Any action proposed
1517
pursuant to this subsection is subject to the procedures set
1518
forth in s. 216.177, Florida Statutes.
1519
(3) For the 2008-2009 fiscal year, the sum of $1 million in
1520
recurring funds is appropriated from the Pari-mutuel Wagering
1521
Trust Fund of the Department of Business and Professional
1522
Regulation from revenues received pursuant to s. 551.118, Florida
1523
Statutes, for contract services related to the prevention of
1524
compulsive and addictive gambling.
1525
Section 29. The Department of Business and Professional
1526
Regulation may expend the unreserved cash balance in the Pari-
1527
mutuel Wagering Trust Fund received from other revenue sources to
1528
implement electronic gaming regulation and investigations during
1529
the 2008-2009 fiscal year. Prior to the use of such other
1530
revenues, the department shall submit a repayment plan for
1531
approval by the Executive Office of the Governor in consultation
1532
with the chair and vice chair of the Legislative Budget
1533
Commission. The Department shall repay such funds with electronic
1534
gaming machine license revenue sources by April 1, 2009. The
1535
repaid funds shall be subject to the requirements of s.
1536
550.135(2), Florida Statutes.
1537
Section 30. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.