HB 1385

1	A bill to be entitled
2	An act relating to governmental reorganization;
3	transferring and reassigning divisions, functions, and
4	responsibilities, including records, personnel, property,
5	and unexpended balances of appropriations and other
6	resources from the Department of the Lottery, the
7	Department of Business and Professional Regulation, the
8	Department of Law Enforcement, and the Department of Legal
9	Affairs to the Department of Gaming Control; transferring
10	certain trust funds from the Department of Business and
11	Professional Regulation to the Department of Gaming
12	Control; amending s. 11.905, F.S.; requiring the review of
13	the Department of Gaming Control; amending s. 20.165,
14	F.S.; deleting the Division of Pari-mutuel Wagering within
15	the Department of Business and Professional Regulation;
16	repealing s. 20.317, F.S., relating to the Department of
17	the Lottery; creating s. 20.318, F.S.; creating the
18	Department of Gaming Control; establishing the Gaming
19	Commission as head of the Department of Gaming Control;
20	providing for membership; providing duties; providing
21	divisions and bureaus within the Department of Gaming
22	Control; requiring the department to provide advisory
23	opinions; providing that such opinions are binding to
24	certain persons; requiring the department to adopt rules
25	regarding advisory opinions; requiring the department to
26	serve as the state compliance agency; authorizing the
27	department to employ law enforcement officers; requiring
28	the department's law enforcement officers to meet certain
29	qualifications; providing that such law enforcement
30	officers have certain authorities and powers; amending ss.
31	24.103, 24.104, 24.105, and 24.107, F.S.; conforming
32	provisions to changes made by the act; amending s. 24.108,
33	F.S.; renaming the Division of Security within the former
34	Department of the Lottery as the Division of Licensing and
35	Enforcement within the Department of Gaming Control;
36	amending ss. 24.109, 24.111, 24.112, 24.113, 24.114,
37	24.115, 24.1153, 24.116, 24.117, 24.118, 24.119, 24.120,
38	24.121, 24.1215, 24.122, 24.123, 24.124, and 112.313,
39	F.S.; conforming provisions to changes made by the act;
40	amending s. 120.80, F.S.; deleting certain exceptions and
41	special requirements regarding hearings applicable to the
42	Department of Business and Professional Regulation;
43	creating certain exceptions and special requirements
44	regarding hearings within the Department of Gaming
45	Control; amending s. 213.053, F.S.; authorizing the
46	Department of Revenue to share certain information with
47	the Division of the Lottery within the Department of
48	Gaming Control; amending s. 215.20, F.S.; requiring that
49	trust funds within the Department of Gaming Control
50	contribute to the General Revenue Fund and deleting from
51	that requirement trust funds administered by the Division
52	of Pari-mutuel Wagering; amending s. 215.22, F.S.;
53	exempting trust funds administered by the Division of the
54	Lottery from certain appropriations; amending ss. 215.422,
55	287.045, F.S.; conforming provisions to changes made by
56	the act; amending s. 455.116, F.S.; removing a trust fund
57	from the Department of Business and Professional
58	Regulation; amending s. 550.002, F.S.; providing
59	definitions; amending ss. 550.0115, 550.01215, 550.0235,
60	550.0251, 550.0351, 550.054, 550.0651, 550.0745, 550.0951,
61	550.09511, 550.09512, 550.09514, 550.09515, 550.105,
62	550.1155, 550.125, 550.135, 550.155, 550.1648, 550.175,
63	550.1815, 550.24055, 550.2415, 550.2614, 550.26165,
64	550.2625, 550.26352, 550.2704, 550.334, 550.3355,
65	550.3551, 550.3605, 550.3615, 550.375, 550.495, 550.505,
66	550.5251, 550.625, 550.6305, 550.6308, 550.70, 550.902,
67	and 550.907, F.S.; conforming provisions to changes made
68	by the act; amending s. 551.102, F.S.; revising
69	definitions; amending s. 551.103, 551.104, 551.1045,
70	551.105, 551.106, 551.107, 551.108, 551.109, 551.112,
71	551.114, 551.117, 551.118, 551.121, 551.122, and 551.123,
72	F.S.; conforming provisions to changes made by the act;
73	amending s. 616.09; transferring authority from the
74	Department of Legal Affairs to the Bureau of Prosecution
75	within the Division of Licensing and Enforcement of the
76	Department of Gaming Control to prosecute unauthorized
77	gambling; amending s. 616.241, F.S.; providing that the
78	Department of Gaming Control is responsible for
79	prohibiting unauthorized gambling at certain community and
80	local events; amending s. 849.086, F.S.; revising
81	definitions; conforming provisions to changes made by the
82	act; amending s. 849.094, F.S.; providing that the
83	prohibition on gambling does not apply to the Department
84	of Gaming Control rather than of the Department of
85	Business and Professional Regulation; amending s. 849.161,
86	F.S.; providing that ch. 849, F.S., pertaining to
87	gambling, does not apply to certain truck stops having
88	amusement games or machines; providing definitions;
89	requiring the department to adopt rules pertaining to
90	skill-based gaming; providing requirements for those
91	rules; requiring the department to conduct investigations
92	necessary for fulfilling its responsibilities under ch.
93	849, F.S.; providing that the department and other law
94	enforcement agencies have concurrent jurisdiction to
95	investigate criminal violations; authorizing the
96	department and local law enforcement agencies unrestricted
97	access to a licensee's facility for certain purposes;
98	authorizing the department to collect certain assessments
99	and to deny, revoke, or suspend a person's license under
100	certain circumstances; requiring a skill-based operator to
101	pay a license fee; requiring the Division of Licensing and
102	Enforcement to evaluate the operator license fee and make
103	recommendations to the Legislature; providing the tax rate
104	on revenues from skill-based machines; requiring the tax
105	to be paid to a Florida Gaming Trust Fund; requiring the
106	licensee to remit a tax on skill-based machine revenues
107	and file a report; providing for penalties; authorizing
108	the Division of Licensing and Enforcement to require
109	operators to remit certain assessments by electronic funds
110	transfer; amending s. 943.0311, F.S.; defining the
111	Department of Gaming Control as a state agency with regard
112	to domestic security; providing an effective date.
113
114	Be It Enacted by the Legislature of the State of Florida:
115
116	Section 1.  Transfers.--
117	(1)  All of the statutory powers, duties and functions,
118	records, personnel, property, and unexpended balances of
119	appropriations, allocations, or other funds for the
120	administration of chapter 24, Florida Statutes, are transferred
121	by a type two transfer, as defined in s. 20.06(2), Florida
122	Statutes, from the Department of the Lottery to the Division of
123	the Lottery within the Department of Gaming Control.
124	(2)  All of the statutory powers, duties and functions,
125	records, personnel, property, and unexpended balances of
126	appropriations, allocations, or other funds for the
127	administration of chapter 550, Florida Statutes, are transferred
128	by a type two transfer, as defined in s. 20.06(2), Florida
129	Statutes, from the Division of Pari-mutuel Wagering of the
130	Department of Business and Professional Regulation to the Bureau
131	of Pari-mutuel Wagering within the Division of Gambling
132	Oversight of the Department of Gaming Control.
133	(3)  All of the statutory powers, duties and functions,
134	records, personnel, property, and unexpended balances of
135	appropriations, allocations, or other funds for the
136	administration of s. 849.086, Florida Statutes, are transferred
137	by a type two transfer, as defined in s. 20.06(2), Florida
138	Statutes, from the Division of Pari-mutuel Wagering of the
139	Department of Business and Professional Regulation to the Bureau
140	of Cardrooms within the Division of Gambling Oversight of the
141	Department of Gaming Control.
142	(4)  All of the statutory powers, duties and functions,
143	records, personnel, property, and unexpended balances of
144	appropriations, allocations, or other funds for the
145	administration of chapter 551, Florida Statutes, are transferred
146	by a type two transfer, as defined in s. 20.06(2), Florida
147	Statutes, from the Division of Pari-mutuel Wagering of the
148	Department of Business and Professional Regulation to the Bureau
149	of Slot Machines within the Division of Gambling Oversight of
150	the Department of Gaming Control.
151	(5)  All of the statutory powers, duties and functions,
152	records, personnel, property, and unexpended balances of
153	appropriations, allocations, or other funds of the Department of
154	Law Enforcement regarding the regulation of slot machine gaming
155	are transferred by a type two transfer, as defined in s.
156	20.06(2), Florida Statutes, to the Division of Licensing and
157	Enforcement of the Department of Gaming Control.
158	(6)  All of the statutory powers, duties and functions,
159	records, personnel, property, and unexpended balances of
160	appropriations, allocations, or other funds of the Department of
161	Legal Affairs regarding:
162	(a)  The regulation of slot machine licensing is
163	transferred by a type two transfer, as defined in s. 20.06(2),
164	Florida Statutes, to the Bureau of Slot Machines within the
165	Division of Gambling Oversight and the Division of Licensing and
166	Enforcement of the Department of Gaming Control.
167	(b)  The prosecution of illegal gambling is transferred by
168	a type two transfer, as defined in s. 20.06(2), Florida
169	Statutes, to the Bureau of Prosecution of the Division of
170	Licensing and Enforcement of the Department of Gaming Control.
171	(7)(a)  The following trust funds are transferred from the
172	Division of Pari-mutuel Wagering of the Department of Business
173	and Professional Regulation to the Bureau of Pari-mutuel
174	Wagering within the Division of Gambling Oversight of the
175	Department of Gaming Control:
176	1.  Pari-mutuel Wagering Trust Fund.
177	2.  Racing Scholarship Trust Fund.
178	(b)  The Operating Trust Fund within the Department of the
179	Lottery is transferred to the Division of the Lottery within the
180	Department of Gaming Control.
181	Section 2.  Paragraph (e) of subsection (3) of section
182	11.905, Florida Statutes, is amended to read:
183	11.905  Schedule for reviewing state agencies and advisory
184	committees.--The following state agencies, including their
185	advisory committees, or the following advisory committees of
186	agencies shall be reviewed according to the following schedule:
187	(3)  Reviewed by July 1, 2012:
188	(e)  Department of Gaming Control the Lottery.
189	Section 3.  Subsection (2) of section 20.165, Florida
190	Statutes, is amended to read:
191	20.165  Department of Business and Professional
192	Regulation.--There is created a Department of Business and
193	Professional Regulation.
194	(2)  The following divisions of the Department of Business
195	and Professional Regulation are established:
196	(a)  Division of Administration.
197	(b)  Division of Alcoholic Beverages and Tobacco.
198	(c)  Division of Certified Public Accounting.
199	1.  The director of the division shall be appointed by the
200	secretary of the department, subject to approval by a majority
201	of the Board of Accountancy.
202	2.  The offices of the division shall be located in
203	Gainesville.
204	(d)  Division of Florida Land Sales, Condominiums, and
205	Mobile Homes.
206	(e)  Division of Hotels and Restaurants.
207	(f)  Division of Pari-mutuel Wagering.
208	(f)(g)  Division of Professions.
209	(g)(h)  Division of Real Estate.
210	1.  The director of the division shall be appointed by the
211	secretary of the department, subject to approval by a majority
212	of the Florida Real Estate Commission.
213	2.  The offices of the division shall be located in
214	Orlando.
215	(i)  Division of Regulation.
216	(j)  Division of Technology, Licensure, and Testing.
217	Section 4.  Section 20.317, Florida Statutes, is repealed.
218	Section 5.  Section 20.318, Florida Statutes, is created to
219	read:
220	20.318  Department of Gaming Control.--There is created a
221	Department of Gaming Control.
222	(1)  GAMING COMMISSION.--There is created the Gaming
223	Commission, composed of five members appointed by the Governor,
224	subject to confirmation by the Senate. The commission members
225	shall serve as agency head of the Department of Gaming Control.
226	The commission shall be responsible for hiring and firing the
227	executive director and general counsel.
228	(2)  DIVISIONS.--The Department of Gaming Control shall
229	consist of the following divisions:
230	(a)  The Division of the Lottery.
231	(b)  The Division of Licensing and Enforcement, which shall
232	include the following bureaus.
233	1.  The Bureau of Licensing.
234	2.  The Bureau of Revenue and Audit.
235	3.  The Bureau of Investigation.
236	4.  The Bureau of Enforcement.
237	5.  The Bureau of Prosecution.
238	(c)  The Division of Gambling Oversight, which shall
239	include the following bureaus:
240	1.  The Bureau of Pari-mutuel Wagering.
241	2.  The Bureau of Cardrooms.
242	3.  The Bureau of Slot Machines.
243	4.  The Bureau of Charitable Gaming.
244	5.  The Bureau of Compulsive Gambling.
245	(3)  ADVISORY OPINIONS.--The department shall provide
246	advisory opinions when requested by any law enforcement
247	official, state attorney, or entity licensed by the department
248	relating to any the application of state gaming laws with
249	respect to whether a particular act or device constitutes legal
250	or illegal gambling under state laws and administrative rules
251	adopted thereunder. A written record of all such opinions issued
252	by the department, sequentially numbered, dated, and indexed by
253	subject matter shall be retained. Any such person or entity,
254	acting in good faith upon an advisory opinion that such person
255	or entity requested and received, is not subject to any criminal
256	penalty provided for under state law for illegal gambling. The
257	opinion, until amended or revoked, is binding on any person or
258	entity who sought the opinion or with reference to whom the
259	opinion was sought, unless material facts were omitted or
260	misstated in the request for the advisory opinion. The
261	department may adopt rules regarding the process for securing an
262	advisory opinion and may require in those rules the submission
263	of any potential gaming apparatus for testing by a licensed
264	testing laboratory to prove or disproved its compliance with
265	state law before the issuance of an opinion by the department.
266	(4)  STATE COMPLIANCE AGENCY.--The department shall serve
267	as the state compliance agency that is responsible for oversight
268	responsibilities under any tribal gaming compact entered into by
269	the state.
270	(5)  LAW ENFORCEMENT OFFICERS.--The department may employ
271	sworn law enforcement officers within the Bureau of Enforcement
272	to enforce any criminal law, conduct any criminal investigation,
273	or enforce the provisions of any statute or any other laws of
274	this state related to gambling or the state lottery.
275	(a)  Each law enforcement officer shall meet the
276	qualifications of law enforcement officers under s. 943.13 and
277	shall be certified as a law enforcement officer by the
278	Department of Law Enforcement under chapter 943. Upon
279	certification, each law enforcement officer is subject to and
280	shall have authority provided for law enforcement officers
281	generally in chapter 901 and shall have statewide jurisdiction.
282	Each officer shall also have arrest authority as provided for
283	state law enforcement officers in s. 901.15 and full law
284	enforcement powers granted to other peace officers of this
285	state, including the authority to make arrests, carry firearms,
286	serve court process, and seize contraband and the proceeds of
287	illegal activities.
288	(b)  The department may also appoint part-time, reserve, or
289	auxiliary law enforcement officers under chapter 943.
290	(c)  Each law enforcement officer of the department, upon
291	certification under s. 943.1395, has the same right and
292	authority to carry arms as do the sheriffs of this state.
293	(d)  Each law enforcement officer in the state who is
294	certified pursuant to chapter 943 has the same authority as law
295	enforcement officers designated in this section to enforce the
296	laws of this state as described in this subsection.
297	Section 6.  Section 24.103, Florida Statutes, is amended to
298	read:
299	24.103  Definitions.--As used in this act:
300	(1)  "Department" means the Department of Gaming Control
301	the Lottery.
302	(2)  "Division" means the Division of the Lottery.
303	"Secretary" means the secretary of the department.
304	(3)  "Person" means any individual, firm, association,
305	joint adventure, partnership, estate, trust, syndicate,
306	fiduciary, corporation, or other group or combination and shall
307	include any agency or political subdivision of the state.
308	(4)  "Major procurement" means a procurement for a contract
309	for the printing of tickets for use in any lottery game,
310	consultation services for the startup of the lottery, any goods
311	or services involving the official recording for lottery game
312	play purposes of a player's selections in any lottery game
313	involving player selections, any goods or services involving the
314	receiving of a player's selection directly from a player in any
315	lottery game involving player selections, any goods or services
316	involving the drawing, determination, or generation of winners
317	in any lottery game, the security report services provided for
318	in this act, or any goods and services relating to marketing and
319	promotion which exceed a value of $25,000.
320	(5)  "Retailer" means a person who sells lottery tickets on
321	behalf of the division department pursuant to a contract.
322	(6)  "Vendor" means a person who provides or proposes to
323	provide goods or services to the division department, but does
324	not include an employee of the division department, a retailer,
325	or a state agency.
326	(7)  "Commission" means the Gaming Commission.
327	Section 7.  Section 24.104, Florida Statutes, is amended to
328	read:
329	24.104  Division of the Lottery Department; purpose.--The
330	purpose of the division department is to operate the state
331	lottery as authorized by s. 15, Art. X of the State Constitution
332	so as to maximize revenues in a manner consonant with the
333	dignity of the state and the welfare of its citizens.
334	Section 8.  Section 24.105, Florida Statutes, is amended to
335	read:
336	24.105  Powers and duties of the division department.--The
337	division department shall:
338	(1)  Have the authority to sue or be sued in the corporate
339	name of the department and to adopt a corporate seal and symbol.
340	(2)  Supervise and administer the operation of the lottery
341	in accordance with the provisions of this act and rules adopted
342	pursuant thereto.
343	(3)  For purposes of any investigation or proceeding
344	conducted by the division department, have the power to
345	administer oaths, require affidavits, take depositions, issue
346	subpoenas, and compel the attendance of witnesses and the
347	production of books, papers, documents, and other evidence.
348	(4)  Submit monthly and annual reports to the Governor, the
349	Chief Financial Officer, the President of the Senate, and the
350	Speaker of the House of Representatives disclosing the total
351	lottery revenues, prize disbursements, and other expenses of the
352	division department during the preceding month. The annual
353	report shall additionally describe the organizational structure
354	of the division department, including its hierarchical
355	structure, and shall identify the divisions and bureaus created
356	by the commission secretary and summarize the divisions'
357	departmental functions performed by each.
358	(5)  Adopt by rule a system of internal audits.
359	(6)  Maintain weekly or more frequent records of lottery
360	transactions, including the distribution of tickets to
361	retailers, revenues received, claims for prizes, prizes paid,
362	and other financial transactions of the division department.
363	(7)  Make a continuing study of the lottery to ascertain
364	any defects of this act or rules adopted thereunder which could
365	result in abuses in the administration of the lottery; make a
366	continuing study of the operation and the administration of
367	similar laws in other states and of federal laws which may
368	affect the lottery; and make a continuing study of the reaction
369	of the public to existing and potential features of the lottery.
370	(8)  Conduct such market research as is necessary or
371	appropriate, which may include an analysis of the demographic
372	characteristics of the players of each lottery game and an
373	analysis of advertising, promotion, public relations,
374	incentives, and other aspects of communications.
375	(9)  Adopt rules governing the establishment and operation
376	of the state lottery, including:
377	(a)  The type of lottery games to be conducted, except
378	that:
379	1.  The No name of an elected official may not shall appear
380	on the ticket or play slip of any lottery game or on any prize
381	or on any instrument used for the payment of prizes, unless such
382	prize is in the form of a state warrant.
383	2.  No Coins or currency may not shall be dispensed from
384	any electronic computer terminal or device used in any lottery
385	game.
386	3.  Other than as provided in subparagraph 4., a no
387	terminal or device may not be used for any lottery game that is
388	which may be operated solely by the player without the
389	assistance of the retailer.
390	4.  The only player-activated machine that which may be
391	used utilized is a machine that which dispenses instant lottery
392	game tickets following the insertion of a coin or currency by a
393	ticket purchaser. To be authorized a machine must: be under the
394	supervision and within the direct line of sight of the lottery
395	retailer to ensure that the machine is monitored and only
396	operated only by persons at least 18 years of age; be capable of
397	being electronically deactivated by the retailer to prohibit use
398	by persons less than 18 years of age through the use of a
399	lockout device that maintains the machine's deactivation for a
400	period of no less than 5 minutes; and be designed to prevent its
401	use or conversion for use in any manner other than the
402	dispensing of instant lottery tickets. Authorized machines may
403	dispense change to players purchasing tickets but may not be
404	used utilized for paying the holders of winning tickets of any
405	kind. At least one clerk must be on duty at the lottery retailer
406	while the machine is in operation. However, at least two clerks
407	must be on duty at any lottery location which has violated s.
408	24.1055.
409	(b)  The sales price of tickets.
410	(c)  The number and sizes of prizes.
411	(d)  The method of selecting winning tickets. However, if a
412	lottery game involves a drawing, the drawing shall be public and
413	witnessed by an accountant employed by an independent certified
414	public accounting firm. The equipment used in the drawing shall
415	be inspected before and after the drawing.
416	(e)  The manner of payment of prizes to holders of winning
417	tickets.
418	(f)  The frequency of drawings or selections of winning
419	tickets.
420	(g)  The number and type of locations at which tickets may
421	be purchased.
422	(h)  The method to be used in selling tickets.
423	(i)  The manner and amount of compensation of retailers.
424	(j)  Such other matters necessary or desirable for the
425	efficient or economical operation of the lottery or for the
426	convenience of the public.
427	(10)  Notwithstanding the provisions of chapter 286, have
428	the authority to hold patents, copyrights, trademarks, and
429	service marks and enforce its rights with respect thereto. The
430	division department shall notify the Department of State in
431	writing whenever property rights by patent, copyright, or
432	trademark are secured by the division department.
433	(11)  In the selection of games and method of selecting
434	winning tickets, be sensitive to the impact of the lottery upon
435	the pari-mutuel industry and, accordingly, the division
436	department may use for any game the theme of horseracing,
437	dogracing, or jai alai and may allow a lottery game to be based
438	upon a horserace, dograce, or jai alai activity so long as the
439	outcome of such lottery game is determined entirely by chance.
440	(12)(a)  Determine by rule information relating to the
441	operation of the lottery which is confidential and exempt from
442	the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
443	Constitution. Such information includes trade secrets; security
444	measures, systems, or procedures; security reports; information
445	concerning bids or other contractual data, the disclosure of
446	which would impair the efforts of the division department to
447	contract for goods or services on favorable terms; employee
448	personnel information unrelated to compensation, duties,
449	qualifications, or responsibilities; and information obtained by
450	the Division of Licensing and Enforcement Security pursuant to
451	its investigations which is otherwise confidential. To be deemed
452	confidential, the information must be necessary to the security
453	and integrity of the lottery. Confidential information may be
454	released to other governmental entities as needed in connection
455	with the performance of their duties. The receiving governmental
456	entity shall retain the confidentiality of such information as
457	provided for in this subsection.
458	(b)  Maintain the confidentiality of the street address and
459	the telephone number of a winner, in that such information is
460	confidential and exempt from the provisions of s. 119.07(1) and
461	s. 24(a), Art. I of the State Constitution, unless the winner
462	consents to the release of such information or as provided for
463	in s. 24.115(4) or s. 409.2577.
464	(c)  Any information made confidential and exempt from the
465	provisions of s. 119.07(1) under this subsection shall be
466	disclosed to the Auditor General, to the Office of Program
467	Policy Analysis and Government Accountability, or to the
468	independent auditor selected under s. 24.123 upon such person's
469	request therefor. If the President of the Senate or the Speaker
470	of the House of Representatives certifies that information made
471	confidential under this subsection is necessary for effecting
472	legislative changes, the requested information shall be
473	disclosed to him or her, and he or she may disclose such
474	information to members of the Legislature and legislative staff
475	as necessary to effect such purpose.
476	(13)  Have the authority to perform any of the functions of
477	the Department of Management Services under chapter 255, chapter
478	273, chapter 281, chapter 283, or chapter 287, or any rules
479	adopted under any such chapter, and may grant approvals provided
480	for under any such chapter or rules. If the division department
481	finds, by rule, that compliance with any such chapter would
482	impair or impede the effective or efficient operation of the
483	lottery, the division department may adopt rules providing
484	alternative procurement procedures. Such alternative procedures
485	shall be designed to allow the division department to evaluate
486	competing proposals and select the proposal that provides the
487	greatest long-term benefit to the state with respect to the
488	quality of the products or services, dependability and integrity
489	of the vendor, dependability of the vendor's products or
490	services, security, competence, timeliness, and maximization of
491	gross revenues and net proceeds over the life of the contract.
492	(14)  Have the authority to acquire real property and make
493	improvements thereon. The title to such property shall be vested
494	in the Board of Trustees of the Internal Improvement Trust Fund.
495	The board shall give the division department preference in
496	leasing state-owned lands under the board's control and may not
497	exercise any jurisdiction over lands purchased or leased by the
498	division department while such lands are actively used by the
499	division department. Actions of the division department under
500	this subsection are exempt from the time limitations and
501	deadlines of chapter 253.
502	(15)  Have the authority to charge fees to persons applying
503	for contracts as vendors or retailers, which fees are reasonably
504	calculated to cover the costs of investigations and other
505	activities related to the processing of the application.
506	(16)  Enter into contracts for the purchase, lease, or
507	lease-purchase of such goods and services as are necessary for
508	the operation and promotion of the state lottery, including
509	assistance provided by any governmental agency.
510	(17)  In accordance with the provisions of this act, enter
511	into contracts with retailers so as to provide adequate and
512	convenient availability of tickets to the public for each game.
513	(18)  Have the authority to enter into agreements with
514	other states for the operation and promotion of a multistate
515	lottery if such agreements are in the best interest of the state
516	lottery. The authority conferred by this subsection is not
517	effective until 1 year after the first day of lottery ticket
518	sales.
519	(19)  Employ a division director, bureau chiefs, directors
520	and other staff as may be necessary to carry out the provisions
521	of this act; however:
522	(a)  A No person may not shall be employed by the division
523	department who has been convicted of, or entered a plea of
524	guilty or nolo contendere to, a felony committed in the
525	preceding 10 years, regardless of adjudication, unless the
526	division department determines that:
527	1.  The person has been pardoned or his or her civil rights
528	have been restored; or
529	2.  Subsequent to such conviction or entry of plea the
530	person has engaged in the kind of law-abiding commerce and good
531	citizenship that would reflect well upon the integrity of the
532	lottery.
533	(b)  An No officer or employee of the division department
534	having decisionmaking authority may not shall participate in any
535	decision involving any vendor or retailer with whom the officer
536	or employee has a financial interest. No Such officer or
537	employee may not participate in any decision involving any
538	vendor or retailer with whom the officer or employee has
539	discussed employment opportunities without the approval of the
540	commission secretary or, if such person officer is a member of
541	the commission the secretary, without the approval of the
542	Governor. Any officer or employee of the division department
543	shall notify the commission secretary of any such discussion or,
544	if such person is a member of the commission officer is the
545	secretary, he or she shall notify the Governor. A violation of
546	this paragraph is punishable in accordance with s. 112.317.
547	(c)  An No officer or employee of the division department
548	who leaves the employ of the department may not shall represent
549	any vendor or retailer before the division department regarding
550	any specific matter in which the officer or employee was
551	involved while employed by the division department, for a period
552	of 1 year following cessation of employment with the division
553	department. A violation of this paragraph is punishable in
554	accordance with s. 112.317.
555	(d)  The division department shall establish and maintain a
556	personnel program for its employees, including a personnel
557	classification and pay plan which may provide any or all of the
558	benefits provided in the Senior Management Service or Selected
559	Exempt Service. Each officer or employee of the division
560	department shall be a member of the Florida Retirement System.
561	The retirement class of each officer or employee shall be the
562	same as other persons performing comparable functions for other
563	agencies. Employees of the division department shall serve at
564	the pleasure of the commission secretary and shall be subject to
565	suspension, dismissal, reduction in pay, demotion, transfer, or
566	other personnel action at the discretion of the commission
567	secretary. Such personnel actions are exempt from the provisions
568	of chapter 120. All employees of the division department are
569	exempt from the Career Service System provided in chapter 110
570	and, notwithstanding the provisions of s. 110.205(5), are not
571	included in either the Senior Management Service or the Selected
572	Exempt Service. However, all employees of the division
573	department are subject to all standards of conduct adopted by
574	rule for career service and senior management employees pursuant
575	to chapter 110. In the event of a conflict between standards of
576	conduct applicable to employees of the Department of Gaming
577	Control the Lottery the more restrictive standard shall apply.
578	Interpretations as to the more restrictive standard may be
579	provided by the Commission on Ethics upon request of an advisory
580	opinion pursuant to s. 112.322(3)(a), for purposes of this
581	subsection the opinion shall be considered final action.
582	(20)  Adopt by rule a code of ethics for officers and
583	employees of the division department which supplements the
584	standards of conduct for public officers and employees imposed
585	by law.
586	Section 9.  Section 24.107, Florida Statutes, is amended to
587	read:
588	24.107  Advertising and promotion of lottery games.--
589	(1)  The Legislature recognizes the need for extensive and
590	effective advertising and promotion of lottery games. It is the
591	intent of the Legislature that such advertising and promotion be
592	consistent with the dignity and integrity of the state. In
593	advertising the value of a prize that will be paid over a period
594	of years, the division department may refer to the sum of all
595	prize payments over the period.
596	(2)  The division department may act as a retailer and may
597	conduct promotions that which involve the dispensing of lottery
598	tickets free of charge.
599	Section 10.  Section 24.108, Florida Statutes, is amended
600	to read:
601	24.108  Division of Licensing and Enforcement Security;
602	duties; security report.--
603	(1)  The commission secretary shall appoint a director of
604	the Division of Licensing and Enforcement Security who is
605	qualified by training and experience in law enforcement or
606	security to supervise, direct, coordinate, and administer all
607	activities of the division.
608	(2)  The director and all investigators employed by the
609	division shall meet the requirements for employment and
610	appointment provided by s. 943.13 and shall satisfy the
611	requirements for certification established by the Criminal
612	Justice Standards and Training Commission pursuant to chapter
613	943. The director and such investigators shall be designated law
614	enforcement officers and shall have the power to investigate and
615	arrest for any alleged violation of this act or any rule adopted
616	pursuant thereto, or any law of this state. Such law enforcement
617	officers may enter upon any premises in which lottery tickets
618	are sold, manufactured, printed, or stored within the state for
619	the performance of their lawful duties and may take with them
620	any necessary equipment, and such entry does shall not
621	constitute a trespass. In any instance in which there is reason
622	to believe that a violation has occurred, such officers have the
623	authority, without warrant, to search and inspect any premises
624	where the violation is alleged to have occurred or is occurring.
625	Any such officer may, consistent with the United States and
626	Florida Constitutions, seize or take possession of any papers,
627	records, tickets, currency, or other items related to any
628	alleged violation.
629	(3)  The Department of Law Enforcement shall, at the
630	request of the Division of Licensing and Enforcement Security,
631	perform full criminal background investigations on all employees
632	of the Department of Gaming Control the Lottery at the level of
633	the commission secretary, division director, or bureau chief and
634	at any level within the Division of Licensing and Enforcement
635	Security, including applicants for employment. The Department of
636	Gaming Control the Lottery shall reimburse the Department of Law
637	Enforcement for the actual costs of such investigations.
638	(4)  The Division of Licensing and Enforcement shall
639	conduct such investigations of vendors, retailers, and employees
640	of the Division of the Lottery department, including applicants
641	for contract or employment, as are necessary to ensure the
642	security and integrity of the operation of the state lottery.
643	The Division of the Lottery department may require persons
644	subject to such investigations to provide such information,
645	including fingerprints, as is needed by the Department of Law
646	Enforcement for processing or as is otherwise necessary to
647	facilitate access to state and federal criminal history
648	information.
649	(5)  The Department of Law Enforcement shall provide
650	assistance in obtaining criminal history information relevant to
651	investigations required for honest, secure, and exemplary
652	lottery operations, and such other assistance as may be
653	requested by the commission secretary and agreed to by the
654	executive director of the Department of Law Enforcement. Any
655	other state agency, including the Department of Business and
656	Professional Regulation and the Department of Revenue, shall,
657	upon request, provide the Department of Gaming Control the
658	Lottery with any information relevant to any investigation
659	conducted pursuant to this act. The Department of Gaming Control
660	the Lottery shall maintain the confidentiality of any
661	confidential information it receives from any other agency. The
662	Department of Gaming Control the Lottery shall reimburse any
663	agency for the actual cost of providing any assistance pursuant
664	to this subsection.
665	(6)  The Division of Licensing and Enforcement shall
666	monitor ticket validation and lottery drawings.
667	(7)(a)  After the first full year of sales of tickets to
668	the public, or sooner if the commission secretary deems
669	necessary, the Division of the Lottery department shall engage
670	an independent firm experienced in security procedures,
671	including, but not limited to, computer security and systems
672	security, to conduct a comprehensive study and evaluation of all
673	aspects of security in the operation of the Division of the
674	Lottery department.
675	(b)  The portion of the security report containing the
676	overall evaluation of the Division of the Lottery department in
677	terms of each aspect of security shall be presented to the
678	Governor, the President of the Senate, and the Speaker of the
679	House of Representatives. The portion of the security report
680	containing specific recommendations shall be confidential and
681	shall be presented only to the commission secretary, the
682	Governor, and the Auditor General; however, upon certification
683	that such information is necessary for the purpose of effecting
684	legislative changes, such information shall be disclosed to the
685	President of the Senate and the Speaker of the House of
686	Representatives, who may disclose such information to members of
687	the Legislature and legislative staff as necessary to effect
688	such purpose. However, any person who receives a copy of such
689	information or other information which is confidential pursuant
690	to this act or rule of the Division of the Lottery department
691	shall maintain its confidentiality. The confidential portion of
692	the report is exempt from the provisions of s. 119.07(1) and s.
693	24(a), Art. I of the State Constitution.
694	(c)  Thereafter, similar studies of security shall be
695	conducted as the Division of the Lottery department deems
696	appropriate but at least once every 2 years.
697	Section 11.  Section 24.109, Florida Statutes, is amended
698	to read:
699	24.109  Administrative procedure.--
700	(1)  The division department may at any time adopt
701	emergency rules pursuant to s. 120.54. The Legislature finds
702	that such emergency rulemaking power is necessary for the
703	preservation of the rights and welfare of the people in order to
704	provide additional funds to benefit the public. The Legislature
705	further finds that the unique nature of state lottery operations
706	requires, from time to time, that the division department
707	respond as quickly as is practicable to changes in the
708	marketplace. Therefore, in adopting such emergency rules, the
709	division department need not make the findings required by s.
710	120.54(4)(a). Emergency rules adopted under this section are
711	exempt from s. 120.54(4)(c) and shall remain in effect until
712	replaced by other emergency rules or by rules adopted under the
713	nonemergency rulemaking procedures of the Administrative
714	Procedure Act.
715	(2)  The provisions of s. 120.57(3) apply to the division's
716	department's contracting process, except that:
717	(a)  A formal written protest of any decision, intended
718	decision, or other action subject to protest shall be filed
719	within 72 hours after receipt of notice of the decision,
720	intended decision, or other action.
721	(b)  In a competitive procurement protest, including the
722	rejection of all bids, proposals, or replies, the administrative
723	law judge may shall not substitute his or her procurement
724	decision for the agency's procurement decision but shall review
725	the intended agency action only to determine if the agency
726	action is illegal, arbitrary, dishonest, or fraudulent.
727	(c)  As an alternative to any provision in s. 120.57(3)(c),
728	the division department may proceed with the bid solicitation or
729	contract award process when the director secretary of the
730	division department sets forth in writing particular facts and
731	circumstances that which require the continuance of the bid
732	solicitation process or the contract award process in order to
733	avoid a substantial loss of funding to the state or to avoid
734	substantial disruption of the timetable for any scheduled
735	lottery game.
736	Section 12.  Section 24.111, Florida Statutes, is amended
737	to read:
738	24.111  Vendors; disclosure and contract requirements.--
739	(1)  The division department may enter into contracts for
740	the purchase, lease, or lease-purchase of such goods or services
741	as are necessary for effectuating the purposes of this act. The
742	division department may not contract with any person or entity
743	for the total operation and administration of the state lottery
744	established by this act but may make procurements that which
745	integrate functions such as lottery game design, supply of goods
746	and services, and advertising. In all procurement decisions, the
747	division department shall take into account the particularly
748	sensitive nature of the state lottery and shall consider the
749	competence, quality of product, experience, and timely
750	performance of the vendors in order to promote and ensure
751	security, honesty, fairness, and integrity in the operation and
752	administration of the lottery and the objective of raising net
753	revenues for the benefit of the public purpose described in this
754	act.
755	(2)  The division department shall investigate the
756	financial responsibility, security, and integrity of each vendor
757	with which it intends to negotiate a contract for major
758	procurement. Such investigation may include an investigation of
759	the financial responsibility, security, and integrity of any or
760	all persons whose names and addresses are required to be
761	disclosed pursuant to paragraph (a). Any person who submits a
762	bid, proposal, or offer as part of a major procurement must, at
763	the time of submitting such bid, proposal, or offer, provide the
764	following:
765	(a)  A disclosure of the vendor's name and address and, as
766	applicable, the name and address and any additional disclosures
767	necessary for an investigation of the financial responsibility,
768	security, and integrity of the following:
769	1.  If the vendor is a corporation, the officers,
770	directors, and each stockholder in such corporation; except
771	that, in the case of owners of equity securities of a publicly
772	traded corporation, only the names and addresses of those known
773	to the corporation to own beneficially 5 percent or more of such
774	securities need be disclosed.
775	2.  If the vendor is a trust, the trustee and all persons
776	entitled to receive income or benefit from the trust.
777	3.  If the vendor is an association, the members, officers,
778	and directors.
779	4.  If the vendor is a partnership or joint venture, all of
780	the general partners, limited partners, or joint venturers.
781
782	If the vendor subcontracts any substantial portion of the work
783	to be performed to a subcontractor, the vendor shall disclose
784	all of the information required by this paragraph for the
785	subcontractor as if the subcontractor were itself a vendor.
786	(b)  A disclosure of all the states and jurisdictions in
787	which the vendor does business and of the nature of that
788	business for each such state or jurisdiction.
789	(c)  A disclosure of all the states and jurisdictions in
790	which the vendor has contracts to supply gaming goods or
791	services, including, but not limited to, lottery goods and
792	services, and of the nature of the goods or services involved
793	for each such state or jurisdiction.
794	(d)  A disclosure of all the states and jurisdictions in
795	which the vendor has applied for, has sought renewal of, has
796	received, has been denied, has pending, or has had revoked a
797	gaming license or contract of any kind and of the disposition of
798	such in each such state or jurisdiction. If any gaming license
799	or contract has been revoked or has not been renewed or any
800	gaming license or contract application has been either denied or
801	is pending and has remained pending for more than 6 months, all
802	of the facts and circumstances underlying this failure to
803	receive such a license must be disclosed.
804	(e)  A disclosure of the details of any conviction or
805	judgment of a state or federal court of the vendor of any felony
806	or any other criminal offense other than a traffic violation.
807	(f)  A disclosure of the details of any bankruptcy,
808	insolvency, reorganization, or any pending litigation of the
809	vendor.
810	(g)  Such additional disclosures and information as the
811	division department may determine to be appropriate for the
812	procurement involved.
813	(h)  The division department shall lease all instant ticket
814	vending machines.
815	(i)  The division shall department will require a
816	performance bond for the duration of the contract.
817
818	The division may department shall not contract with any vendor
819	who fails to make the disclosures required by this subsection,
820	and any contract with a vendor who has failed to make the
821	required disclosures is shall be unenforceable. Any contract
822	with any vendor who does not comply with such requirements for
823	periodically updating such disclosures during the tenure of such
824	contract as may be specified in such contract may be terminated
825	by the division department. This subsection shall be construed
826	broadly and liberally to achieve the ends of full disclosure of
827	all information necessary to allow for a full and complete
828	evaluation by the division department of the competence,
829	integrity, background, and character of vendors for major
830	procurements.
831	(3)  The division department may require disclosure of the
832	information required by subsection (2) from any vendor if the
833	division department finds that such disclosure is necessary to
834	protect the dignity and integrity of the lottery and in the best
835	interests of the state.
836	(4)  The division may not enter into a No contract for a
837	major procurement with any vendor shall be entered into if that
838	vendor, or any of the vendor's officers, directors, trustees,
839	partners, or joint venturers whose names and addresses are
840	required to be disclosed pursuant to paragraph (2)(a), has been
841	convicted of, or entered a plea of guilty or nolo contendere to,
842	a felony committed in the preceding 10 years, regardless of
843	adjudication, unless the division department determines that:
844	(a)  The vendor or such individual has been pardoned or the
845	vendor's or such individual's civil rights have been restored;
846	(b)  Subsequent to such conviction or entry of plea the
847	vendor or such individual has engaged in the kind of law-abiding
848	commerce and good citizenship that would reflect well upon the
849	integrity of the lottery; or
850	(c)  If the vendor is not an individual, such vendor has
851	terminated its relationship with the individual whose actions
852	directly contributed to the vendor's conviction or entry of
853	plea.
854	(5)  Each vendor in a major procurement in excess of
855	$25,000, and any other vendor if the division department deems
856	it necessary to protect the state's financial interest, shall,
857	at the time of executing the contract with the division
858	department, post an appropriate bond with the division
859	department in an amount determined by the division department to
860	be adequate to protect the state's interests, but not higher
861	than the full amount estimated to be paid annually to the vendor
862	under the contract. In lieu of the bond, a vendor may, to assure
863	the faithful performance of its obligations, file with the
864	division department an irrevocable letter of credit acceptable
865	to the division department in an amount determined by the
866	division department to be adequate to protect the state's
867	interests or deposit and maintain with the Chief Financial
868	Officer securities that are interest bearing or accruing and
869	that, with the exception of those specified in paragraphs (a)
870	and (b), are rated in one of the four highest classifications by
871	an established nationally recognized investment rating service.
872	Securities eligible under this subsection shall be limited to:
873	(a)  Certificates of deposit issued by solvent banks or
874	savings associations organized and existing under the laws of
875	this state or under the laws of the United States and having
876	their principal place of business in this state.
877	(b)  United States bonds, notes, and bills for which the
878	full faith and credit of the government of the United States is
879	pledged for the payment of principal and interest.
880	(c)  General obligation bonds and notes of any political
881	subdivision of the state.
882	(d)  Corporate bonds of any corporation that is not an
883	affiliate or subsidiary of the depositor.
884
885	Such securities shall be held in trust and shall have at all
886	times a market value at least equal to an amount determined by
887	the department to be adequate to protect the state's interests,
888	which amount shall not be set higher than the full amount
889	estimated to be paid annually to the vendor under contract.
890	(6)  Every contract in excess of $25,000 entered into by
891	the division department pursuant to this section shall contain a
892	provision for payment of liquidated damages to the division
893	department for any breach of contract by the vendor. The
894	division department may require a liquidated damages provision
895	in any contract if the division department deems it necessary to
896	protect the state's financial interest.
897	(7)  Each vendor must shall be qualified to do business in
898	this state and shall file appropriate tax returns as provided by
899	the laws of this state, and all contracts shall be governed by
900	the laws of this state.
901	Section 13.  Section 24.112, Florida Statutes, is amended
902	to read:
903	24.112  Retailers of lottery tickets.--
904	(1)  The division department shall adopt promulgate rules
905	specifying the terms and conditions for contracting with
906	retailers who will best serve the public interest and promote
907	the sale of lottery tickets.
908	(2)  In the selection of retailers, the division department
909	shall consider factors such as financial responsibility,
910	integrity, reputation, accessibility of the place of business or
911	activity to the public, security of the premises, the
912	sufficiency of existing retailers to serve the public
913	convenience, and the projected volume of the sales for the
914	lottery game involved. In the consideration of these factors,
915	the division department may require the information it deems
916	necessary of any person applying for authority to act as a
917	retailer. However, the division department may not establish a
918	limitation upon the number of retailers and shall make every
919	effort to allow small business participation as retailers. It is
920	the intent of the Legislature that retailer selections be based
921	on business considerations and the public convenience and that
922	retailers be selected without regard to political affiliation.
923	(3)  The division may department shall not contract with
924	any person as a retailer who:
925	(a)  Is less than 18 years of age.
926	(b)  Is engaged exclusively in the business of selling
927	lottery tickets; however, this paragraph does shall not preclude
928	the division department from selling lottery tickets.
929	(c)  Has been convicted of, or entered a plea of guilty or
930	nolo contendere to, a felony committed in the preceding 10
931	years, regardless of adjudication, unless the division
932	department determines that:
933	1.  The person has been pardoned or the person's civil
934	rights have been restored;
935	2.  Subsequent to such conviction or entry of plea the
936	person has engaged in the kind of law-abiding commerce and good
937	citizenship that would reflect well upon the integrity of the
938	lottery; or
939	3.  If the person is a firm, association, partnership,
940	trust, corporation, or other entity, the person has terminated
941	its relationship with the individual whose actions directly
942	contributed to the person's conviction or entry of plea.
943	(4)  The division department shall issue a certificate of
944	authority to each person with whom it contracts as a retailer
945	for purposes of display pursuant to subsection (6). The issuance
946	of the certificate does shall not confer upon the retailer any
947	right apart from that specifically granted in the contract. The
948	authority to act as a retailer is shall not be assignable or
949	transferable.
950	(5)  Any contract executed by the division department
951	pursuant to this section must shall specify the reasons for any
952	suspension or termination of the contract by the division
953	department, including, but not limited to:
954	(a)  Commission of a violation of this act or rule adopted
955	pursuant thereto.
956	(b)  Failure to accurately account for lottery tickets,
957	revenues, or prizes as required by the division department.
958	(c)  Commission of any fraud, deceit, or misrepresentation.
959	(d)  Insufficient sale of tickets.
960	(e)  Conduct prejudicial to public confidence in the
961	lottery.
962	(f)  Any material change in any matter considered by the
963	division department in executing the contract with the retailer.
964	(6)  Every retailer shall post and keep conspicuously
965	displayed in a location on the premises accessible to the public
966	its certificate of authority and, with respect to each game, a
967	statement supplied by the division department of the estimated
968	odds of winning some prize for the game.
969	(7)  A No contract with a retailer may not shall authorize
970	the sale of lottery tickets at more than one location, and a
971	retailer may sell lottery tickets only at the location stated on
972	the certificate of authority.
973	(8)  With respect to any retailer whose rental payments for
974	premises are contractually computed, in whole or in part, on the
975	basis of a percentage of retail sales, and where such
976	computation of retail sales is not explicitly defined to include
977	sales of tickets in a state-operated lottery, the compensation
978	received by the retailer from the division department shall be
979	deemed to be the amount of the retail sale for the purposes of
980	such contractual compensation.
981	(9)(a)  The division department may require every retailer
982	to post an appropriate bond as determined by the division
983	department, using an insurance company acceptable to the
984	division department, in an amount not to exceed twice the
985	average lottery ticket sales of the retailer for the period
986	within which the retailer is required to remit lottery funds to
987	the division department. For the first 90 days of sales of a new
988	retailer, the amount of the bond may not exceed twice the
989	average estimated lottery ticket sales for the period within
990	which the retailer is required to remit lottery funds to the
991	division department. This paragraph does shall not apply to
992	lottery tickets that which are prepaid by the retailer.
993	(b)  In lieu of such bond, the division department may
994	purchase blanket bonds covering all or selected retailers or may
995	allow a retailer to deposit and maintain with the Chief
996	Financial Officer securities that are interest bearing or
997	accruing and that, with the exception of those specified in
998	subparagraphs 1. and 2., are rated in one of the four highest
999	classifications by an established nationally recognized
1000	investment rating service. Securities eligible under this
1001	paragraph shall be limited to:
1002	1.  Certificates of deposit issued by solvent banks or
1003	savings associations organized and existing under the laws of
1004	this state or under the laws of the United States and having
1005	their principal place of business in this state.
1006	2.  United States bonds, notes, and bills for which the
1007	full faith and credit of the government of the United States is
1008	pledged for the payment of principal and interest.
1009	3.  General obligation bonds and notes of any political
1010	subdivision of the state.
1011	4.  Corporate bonds of any corporation that is not an
1012	affiliate or subsidiary of the depositor.
1013
1014	Such securities shall be held in trust and shall have at all
1015	times a market value at least equal to an amount required by the
1016	division department.
1017	(10)  Every contract entered into by the division
1018	department pursuant to this section must shall contain a
1019	provision for payment of liquidated damages to the division
1020	department for any breach of contract by the retailer.
1021	(11)  The division department shall establish procedures by
1022	which each retailer shall account for all tickets sold by the
1023	retailer and account for all funds received by the retailer from
1024	such sales. The contract with each retailer must shall include
1025	provisions relating to the sale of tickets, payment of moneys to
1026	the division department, reports, service charges, and interest
1027	and penalties, if necessary, as the division deems department
1028	shall deem appropriate.
1029	(12)  A No payment by a retailer to the division department
1030	for tickets may not shall be in cash. All such payments must
1031	shall be in the form of a check, bank draft, electronic fund
1032	transfer, or other financial instrument authorized by the
1033	division director secretary.
1034	(13)  Each retailer shall provide accessibility for
1035	disabled persons on habitable grade levels. This subsection does
1036	not apply to a retail location that which has an entrance door
1037	threshold more than 12 inches above ground level. As used in
1038	this subsection herein and for purposes of this subsection only,
1039	the term "accessibility for disabled persons on habitable grade
1040	levels" means that retailers shall provide ramps, platforms,
1041	aisles and pathway widths, turnaround areas, and parking spaces
1042	to the extent these are required for the retailer's premises by
1043	the particular jurisdiction where the retailer is located.
1044	Accessibility shall be required to only one point of sale of
1045	lottery tickets for each lottery retailer location. The
1046	requirements of this subsection shall be deemed to have been met
1047	if, in lieu of the foregoing, disabled persons can purchase
1048	tickets from the retail location by means of a drive-up window,
1049	provided the hours of access at the drive-up window are not less
1050	than those provided at any other entrance at that lottery
1051	retailer location. Inspections for compliance with this
1052	subsection shall be performed by those enforcement authorities
1053	responsible for enforcement pursuant to s. 553.80 in accordance
1054	with procedures established by those authorities. Those
1055	enforcement authorities shall provide to the Division Department
1056	of the Lottery a certification of noncompliance for any lottery
1057	retailer not meeting such requirements.
1058	(14)  The division director secretary may, after filing
1059	with the Department of State his or her manual signature
1060	certified by the division director secretary under oath, execute
1061	or cause to be executed contracts between the division
1062	department and retailers by means of engraving, imprinting,
1063	stamping, or other facsimile signature.
1064	Section 14.  Section 24.113, Florida Statutes, is amended
1065	to read:
1066	24.113  Minority participation.--
1067	(1)  It is the intent of the Legislature that the division
1068	department encourage participation by minority business
1069	enterprises as defined in s. 288.703. Accordingly, 15 percent of
1070	the retailers shall be minority business enterprises as defined
1071	in s. 288.703(2); however, no more than 35 percent of such
1072	retailers shall be owned by the same type of minority person, as
1073	defined in s. 288.703(3). The division department is encouraged
1074	to meet the minority business enterprise procurement goals set
1075	forth in s. 287.09451 in the procurement of commodities,
1076	contractual services, construction, and architectural and
1077	engineering services. This section does shall not preclude or
1078	prohibit a minority person from competing for any other
1079	retailing or vending agreement awarded by the division
1080	department.
1081	(2)  The division shall department is directed to undertake
1082	training programs and other educational activities to enable
1083	minority persons to compete for such contracts on an equal
1084	basis.
1085	Section 15.  Section 24.114, Florida Statutes, is amended
1086	to read:
1087	24.114  Bank deposits and control of lottery
1088	transactions.--
1089	(1)  All moneys received by each retailer from the
1090	operation of the state lottery, including, but not limited to,
1091	all ticket sales, interest, gifts, and donations, less the
1092	amount retained as compensation for the sale of the tickets and
1093	the amount paid out as prizes, shall be remitted to the division
1094	department or deposited in a qualified public depository, as
1095	defined in s. 280.02, as directed by the division department.
1096	The division is responsible department shall have the
1097	responsibility for all administrative functions related to the
1098	receipt of funds. The division department may also require each
1099	retailer to file with the division department reports of the
1100	retailer's receipts and transactions in the sale of lottery
1101	tickets in such form and containing such information as the
1102	division department may require. The division department may
1103	require any person, including a qualified public depository, to
1104	perform any function, activity, or service in connection with
1105	the operation of the lottery as it may deem advisable pursuant
1106	to this act and rules of the division department, and such
1107	functions, activities, or services shall constitute lawful
1108	functions, activities, and services of such person.
1109	(2)  The division department may require retailers to
1110	establish separate electronic funds transfer accounts for the
1111	purpose of receiving moneys from ticket sales, making payments
1112	to the division department, and receiving payments from the
1113	division department.
1114	(3)  Each retailer is liable to the division department for
1115	any and all tickets accepted or generated by any employee or
1116	representative of that retailer, and the tickets shall be deemed
1117	to have been purchased by the retailer unless returned to the
1118	division department within the time and in the manner prescribed
1119	by the division department. All moneys received by retailers
1120	from the sale of lottery tickets, less the amount retained as
1121	compensation for the sale of tickets and the amount paid out as
1122	prizes by the retailer, shall be held in trust prior to delivery
1123	to the division department or electronic transfer to the
1124	Operating Trust Fund.
1125	Section 16.  Section 24.115, Florida Statutes, is amended
1126	to read:
1127	24.115  Payment of prizes.--
1128	(1)  The division department shall adopt promulgate rules
1129	to establish a system of verifying the validity of tickets
1130	claimed to win prizes and to effect payment of such prizes;
1131	however:
1132	(a)  The right of any person to a prize, other than a prize
1133	that is payable in installments over time, is not assignable.
1134	However, any prize, to the extent that it has not been assigned
1135	or encumbered pursuant to s. 24.1153, may be paid to the estate
1136	of a deceased prize winner or to a person designated pursuant to
1137	an appropriate court order. A prize that is payable in
1138	installments over time is assignable, but only pursuant to an
1139	appropriate court order as provided in s. 24.1153.
1140	(b)  A No prize may not shall be paid to any person under
1141	the age of 18 years unless the winning ticket was lawfully
1142	purchased and made a gift to the minor. In such case, the
1143	division department shall direct payment to an adult member of
1144	the minor's family or the legal guardian of the minor as
1145	custodian for the minor. The person named as custodian shall
1146	have the same powers and duties as prescribed for a custodian
1147	pursuant to chapter 710, the Florida Uniform Transfers to Minors
1148	Act.
1149	(c)  A No prize may not be paid arising from claimed
1150	tickets that are stolen, counterfeit, altered, fraudulent,
1151	unissued, produced or issued in error, unreadable, not received
1152	or not recorded by the division department by applicable
1153	deadlines, lacking in captions that confirm and agree with the
1154	lottery play symbols as appropriate to the lottery game
1155	involved, or not in compliance with such additional specific
1156	rules and public or confidential validation and security tests
1157	of the division department appropriate to the particular lottery
1158	game involved.
1159	(d)  A No particular prize in any lottery game may not be
1160	paid more than once, and in the event of a binding determination
1161	that more than one claimant is entitled to a particular prize,
1162	the sole remedy of such claimants is the award to each of them
1163	of an equal share in the prize.
1164	(e)  For the convenience of the public, retailers may be
1165	authorized to pay winners amounts less than $600 after
1166	performing validation procedures on their premises appropriate
1167	to the lottery game involved.
1168	(f)  Holders of tickets shall have the right to claim
1169	prizes for 180 days after the drawing or the end of the lottery
1170	game or play in which the prize was won; except that with
1171	respect to any game in which the player may determine instantly
1172	if he or she has won or lost, such right exists shall exist for
1173	60 days after the end of the lottery game. If a valid claim is
1174	not made for a prize within the applicable period, the prize
1175	constitutes shall constitute an unclaimed prize for purposes of
1176	subsection (2).
1177	(g)  A No prize may not shall be paid upon a ticket
1178	purchased or sold in violation of this act or to any person who
1179	is prohibited from purchasing a lottery ticket pursuant to this
1180	act. Any such prize constitutes shall constitute an unclaimed
1181	prize for purposes of subsection (2).
1182	(2)(a)  Eighty percent of all unclaimed prize money shall
1183	be deposited in the Educational Enhancement Trust Fund
1184	consistent with the provisions of s. 24.121(2). Subject to
1185	appropriations provided in the General Appropriations Act, these
1186	funds may be used to match private contributions received under
1187	the postsecondary matching grant programs established in ss.
1188	1011.32, 1011.85, 1011.94, and 1013.79.
1189	(b)  The remaining 20 percent of unclaimed prize money
1190	shall be added to the pool from which future prizes are to be
1191	awarded or used for special prize promotions.
1192	(3)  The division department shall be discharged of all
1193	liability upon payment of a prize.
1194	(4)  It is the responsibility of the appropriate state
1195	agency and of the judicial branch to identify to the division
1196	department, in the form and format prescribed by the division
1197	department, persons owing an outstanding debt to any state
1198	agency or owing child support collected through a court,
1199	including spousal support or alimony for the spouse or former
1200	spouse of the obligor if the child support obligation is being
1201	enforced by the Department of Revenue. Prior to the payment of a
1202	prize of $600 or more to any claimant having such an outstanding
1203	obligation, the division department shall transmit the amount of
1204	the debt to the agency claiming the debt and shall authorize
1205	payment of the balance to the prize winner after deduction of
1206	the debt. If a prize winner owes multiple debts subject to
1207	offset under this subsection and the prize is insufficient to
1208	cover all such debts, the amount of the prize shall be
1209	transmitted first to the agency claiming that past due child
1210	support is owed. If a balance of lottery prize remains after
1211	payment of past due child support, the remaining lottery prize
1212	amount shall be transmitted to other agencies claiming debts
1213	owed to the state, pro rata, based upon the ratio of the
1214	individual debt to the remaining debt owed to the state.
1215	Section 17.  Section 24.1153, Florida Statutes, is amended
1216	to read:
1217	24.1153  Assignment of prizes payable in installments.--
1218	(1)  The right of any person to receive payments under a
1219	prize that is paid in installments over time by the division
1220	department may be voluntarily assigned, in whole or in part, if
1221	the assignment is made to a person or entity designated pursuant
1222	to an order of a court of competent jurisdiction located in the
1223	judicial district where the assigning prize winner resides or
1224	where the headquarters of the division department is located. A
1225	court may issue an order approving a voluntary assignment and
1226	directing the division department to make prize payments in
1227	whole or in part to the designated assignee, if the court finds
1228	that all of the following conditions have been met:
1229	(a)  The assignment is in writing, is executed by the
1230	assignor, and is, by its terms, subject to the laws of this
1231	state.
1232	(b)  The purchase price being paid for the payments being
1233	assigned represents a present value of the payments being
1234	assigned, discounted at an annual rate that does not exceed the
1235	state's usury limit for loans.
1236	(c)  The assignor provides a sworn affidavit attesting that
1237	he or she:
1238	1.  Is of sound mind, is in full command of his or her
1239	faculties, and is not acting under duress;
1240	2.  Has been advised regarding the assignment by his or her
1241	own independent legal counsel, who is unrelated to and is not
1242	being compensated by the assignee or any of the assignee's
1243	affiliates, and has received independent financial or tax advice
1244	concerning the effects of the assignment from a lawyer or other
1245	professional who is unrelated to and is not being compensated by
1246	the assignee or any of the assignee's affiliates;
1247	3.  Understands that he or she will not receive the prize
1248	payments or portions thereof for the years assigned;
1249	4.  Understands and agrees that with regard to the assigned
1250	payments the division department and its officials and employees
1251	will have no further liability or responsibility to make the
1252	assigned payments to him or her;
1253	5.  Has been provided with a one-page written disclosure
1254	statement setting forth, in bold type of not less than 14
1255	points, the payments being assigned, by amounts and payment
1256	dates; the purchase price being paid; the rate of discount to
1257	present value, assuming daily compounding and funding on the
1258	contract date; and the amount, if any, of any origination or
1259	closing fees that will be charged to him or her; and
1260	6.  Was advised in writing, at the time he or she signed
1261	the assignment contract, that he or she had the right to cancel
1262	the contract, without any further obligation, within 3 business
1263	days following the date on which the contract was signed.
1264	(d)  Written notice of the proposed assignment and any
1265	court hearing concerning the proposed assignment is provided to
1266	the division's department's counsel at least 10 days prior to
1267	any court hearing. The division department is not required to
1268	appear in or be named as a party to any such action seeking
1269	judicial confirmation of an assignment under this section, but
1270	may intervene as of right in any such proceeding.
1271	(2)  A certified copy of a court order approving a
1272	voluntary assignment must be provided to the division department
1273	no later than 14 days before the date on which the payment is to
1274	be made.
1275	(3)  In accordance with the provisions of s. 24.115(4), a
1276	voluntary assignment may not include or cover payments or
1277	portions of payments that are subject to offset on account of a
1278	defaulted or delinquent child support obligation or on account
1279	of a debt owed to a state agency. Each court order issued under
1280	subsection (1) shall provide that any delinquent child support
1281	obligations of the assigning prize winner and any debts owed to
1282	a state agency by the assigning prize winner, as of the date of
1283	the court order, shall be offset by the division department
1284	first against remaining payments or portions thereof due the
1285	prize winner and then against payments due the assignee.
1286	(4)  The division department, and its respective officials
1287	and employees, shall be discharged of all liability upon payment
1288	of an assigned prize under this section.
1289	(5)  The division department may establish a reasonable fee
1290	to defray any administrative expenses associated with
1291	assignments made under this section, including the cost to the
1292	division department of any processing fee that may be imposed by
1293	a private annuity provider. The fee amount shall reflect the
1294	direct and indirect costs associated with processing such
1295	assignments.
1296	(6)  If at any time the Internal Revenue Service or a court
1297	of competent jurisdiction issues a determination letter, revenue
1298	ruling, other public ruling of the Internal Revenue Service, or
1299	published decision to any state lottery or prize winner of any
1300	state lottery declaring that the voluntary assignment of prizes
1301	will affect the federal income tax treatment of prize winners
1302	who do not assign their prizes, the director secretary of the
1303	division department shall immediately file a copy of that
1304	letter, ruling, or published decision with the Secretary of
1305	State and the Office of the State Courts Administrator. A court
1306	may not issue an order authorizing a voluntary assignment under
1307	this section after the date any such ruling, letter, or
1308	published decision is filed.
1309	Section 18.  Section 24.116, Florida Statutes, is amended
1310	to read:
1311	24.116  Unlawful purchase of lottery tickets; penalty.--
1312	(1)  A No person who is less than 18 years of age may not
1313	purchase a lottery ticket; however, this does shall not prohibit
1314	the purchase of a lottery ticket for the purpose of making a
1315	gift to a minor.
1316	(2)  An No officer or employee of the division department
1317	or any relative living in the same household with such officer
1318	or employee may not purchase a lottery ticket.
1319	(3)  An No officer or employee of any vendor under contract
1320	with the division department for a major procurement, relative
1321	living in the same household with such officer or employee, or
1322	immediate supervisor of such officer or employee may not
1323	purchase a lottery ticket if the officer or employee is involved
1324	in the direct provision of goods or services to the division
1325	department or has access to information made confidential by the
1326	division department.
1327	(4)  Any person who violates this section commits is guilty
1328	of a misdemeanor of the first degree, punishable as provided in
1329	s. 775.082 or s. 775.083.
1330	Section 19.  Section 24.117, Florida Statutes, is amended
1331	to read:
1332	24.117  Unlawful sale of lottery tickets; penalty.--Any
1333	person who knowingly:
1334	(1)  Sells a state lottery ticket when not authorized by
1335	the division department or this act to engage in such sale;
1336	(2)  Sells a state lottery ticket to a minor; or
1337	(3)  Sells a state lottery ticket at any price other than
1338	that established by the division department;
1339
1340	commits is guilty of a misdemeanor of the first degree,
1341	punishable as provided in s. 775.082 or s. 775.083.
1342	Section 20.  Subsections (1), (3), and (5) of section
1343	24.118, Florida Statutes, are amended to read:
1344	24.118  Other prohibited acts; penalties.--
1345	(1)  UNLAWFUL EXTENSIONS OF CREDIT.--Any retailer who
1346	extends credit or lends money to a person for the purchase of a
1347	lottery ticket commits is guilty of a misdemeanor of the second
1348	degree, punishable as provided in s. 775.082 or s. 775.083. This
1349	subsection does shall not be construed to prohibit the purchase
1350	of a lottery ticket through the use of a credit or charge card
1351	or other instrument issued by a bank, savings association,
1352	credit union, or charge card company or by a retailer pursuant
1353	to part II of chapter 520 if, provided that any such purchase
1354	from a retailer is shall be in addition to the purchase of goods
1355	and services other than lottery tickets having a cost of no less
1356	than $20.
1357	(3)  COUNTERFEIT OR ALTERED TICKETS.--Any person who:
1358	(a)  Knowingly presents a counterfeit or altered state
1359	lottery ticket;
1360	(b)  Knowingly transfers a counterfeit or altered state
1361	lottery ticket to another to present for payment;
1362	(c)  With intent to defraud, falsely makes, alters, forges,
1363	passes, or counterfeits a state lottery ticket; or
1364	(d)  Files with the division department a claim for payment
1365	based upon facts alleged by the claimant which facts are untrue
1366	and known by the claimant to be untrue when the claim is made;
1367
1368	commits is guilty of a felony of the third degree, punishable as
1369	provided in s. 775.082, s. 775.083, or s. 775.084.
1370	(5)  UNLAWFUL REPRESENTATION.--
1371	(a)  Any person who uses point-of-sale materials issued by
1372	the division department or otherwise holds himself or herself
1373	out as a retailer without being authorized by the division
1374	department to act as a retailer commits is guilty of a
1375	misdemeanor of the first degree, punishable as provided in s.
1376	775.082 or s. 775.083.
1377	(b)  Any person who without being authorized by the
1378	division department in writing uses the term "Florida Lottery,"
1379	"State Lottery," "Florida State Lottery," or any similar term in
1380	the title or name of any charitable or commercial enterprise,
1381	product, or service commits is guilty of a misdemeanor of the
1382	first degree, punishable as provided in s. 775.082 or s.
1383	775.083.
1384	Section 21.  Section 24.119, Florida Statutes, is amended
1385	to read:
1386	24.119  Use of word "lottery" in corporate name.--The
1387	corporate name of a corporation may shall not contain the word
1388	"lottery" unless the Division Department of the Lottery approves
1389	such name in writing.
1390	Section 22.  Section 24.120, Florida Statutes, is amended
1391	to read:
1392	24.120  Financial matters; Operating Trust Fund;
1393	interagency cooperation.--
1394	(1)  There is hereby created in the State Treasury an
1395	Operating Trust Fund to be administered in accordance with
1396	chapters 215 and 216 by the division department. All money
1397	received by the division department which remains after payment
1398	of prizes and initial compensation paid to retailers shall be
1399	deposited into the Operating Trust Fund. All moneys in the trust
1400	fund are appropriated to the division department for the
1401	purposes specified in this act.
1402	(2)  Moneys available for the payment of prizes on a
1403	deferred basis shall be invested by the State Board of
1404	Administration in accordance with a trust agreement approved by
1405	the division director secretary and entered into between the
1406	division department and the State Board of Administration in
1407	accordance with ss. 215.44-215.53. The investments authorized by
1408	this subsection shall be done in a manner designed to preserve
1409	capital and to ensure the integrity of the lottery disbursement
1410	system by eliminating the risk of payment of funds when due and
1411	to produce equal annual sums of money over the required term of
1412	the investments.
1413	(3)  Any action required by law to be taken by the Chief
1414	Financial Officer shall be taken within 2 business days after
1415	the division's department's request therefor. If the request for
1416	action is not approved or rejected within that time period, the
1417	request shall be deemed to be approved. The division department
1418	shall reimburse the Chief Financial Officer for any additional
1419	costs involved in providing the level of service required by
1420	this subsection.
1421	(4)  The division department shall cooperate with the Chief
1422	Financial Officer, the Auditor General, and the Office of
1423	Program Policy Analysis and Government Accountability by giving
1424	employees designated by any of them access to facilities of the
1425	division department for the purpose of efficient compliance with
1426	their respective responsibilities.
1427	(5)  With respect to any reimbursement that the division
1428	department is required to pay to any state agency, the division
1429	department may enter into an agreement with a state agency under
1430	which the division department shall pay to the state agency an
1431	amount reasonably anticipated to cover the reimbursable expenses
1432	in advance of the expenses being incurred.
1433	(6)  The Department of Management Services may authorize a
1434	sales incentive program for employees of the division department
1435	for the purpose of increasing the sales volume and distribution
1436	of lottery tickets. Payments pursuant to the program are shall
1437	not be construed to be lump-sum salary bonuses.
1438	Section 23.  Subsections (1), (2), and (3) and paragraph
1439	(d) of subsection (5) of section 24.121, Florida Statutes, are
1440	amended to read:
1441	24.121  Allocation of revenues and expenditure of funds for
1442	public education.--
1443	(1)  Variable percentages of the gross revenue from the
1444	sale of online and instant lottery tickets shall be returned to
1445	the public in the form of prizes paid by the division department
1446	or retailers as authorized by this act. The variable percentages
1447	of gross revenue from the sale of online and instant lottery
1448	tickets returned to the public in the form of prizes shall be
1449	established by the division department in a manner designed to
1450	maximize the amount of funds deposited under subsection (2).
1451	(2)  Each fiscal year, variable percentages of the gross
1452	revenue from the sale of online and instant lottery tickets as
1453	determined by the division department consistent with subsection
1454	(1), and other earned revenue, excluding application processing
1455	fees, shall be deposited in the Educational Enhancement Trust
1456	Fund, which is hereby created in the State Treasury to be
1457	administered by the Department of Education. The Division
1458	Department of the Lottery shall transfer moneys to the
1459	Educational Enhancement Trust Fund at least once each quarter.
1460	Funds in the Educational Enhancement Trust Fund shall be used to
1461	the benefit of public education in accordance with the
1462	provisions of this act. Notwithstanding any other provision of
1463	law, lottery revenues transferred to the Educational Enhancement
1464	Trust Fund shall be reserved as needed and used to meet the
1465	requirements of the documents authorizing the bonds issued by
1466	the state pursuant to s. 1013.68, s. 1013.70, or s. 1013.737 or
1467	distributed to school districts for the Classrooms First Program
1468	as provided in s. 1013.68. Such lottery revenues are hereby
1469	pledged to the payment of debt service on bonds issued by the
1470	state pursuant to s. 1013.68, s. 1013.70, or s. 1013.737. Debt
1471	service payable on bonds issued by the state pursuant to s.
1472	1013.68, s. 1013.70, or s. 1013.737 shall be payable from, and
1473	is secured by a first lien on, the first lottery revenues
1474	transferred to the Educational Enhancement Trust Fund in each
1475	fiscal year. Amounts distributable to school districts that
1476	request the issuance of bonds pursuant to s. 1013.68(3) are
1477	hereby pledged to such bonds pursuant to s. 11(d), Art. VII of
1478	the State Constitution.
1479	(3)  The funds remaining in the Operating Trust Fund after
1480	transfers to the Educational Enhancement Trust Fund shall be
1481	used for the payment of administrative expenses of the division
1482	department. These expenses shall include all costs incurred in
1483	the operation and administration of the lottery and all costs
1484	resulting from any contracts entered into for the purchase or
1485	lease of goods or services required by the lottery, including,
1486	but not limited to:
1487	(a)  The compensation paid to retailers;
1488	(b)  The costs of supplies, materials, tickets, independent
1489	audit services, independent studies, data transmission,
1490	advertising, promotion, incentives, public relations,
1491	communications, security, bonding for retailers, printing,
1492	distribution of tickets, and reimbursing other governmental
1493	entities for services provided to the lottery; and
1494	(c)  The costs of any other goods and services necessary
1495	for effectuating the purposes of this act.
1496	(5)
1497	(d)  No Funds may not shall be released for any purpose
1498	from the Educational Enhancement Trust Fund to any school
1499	district in which one or more schools do not have an approved
1500	school improvement plan pursuant to s. 1001.42(16) or do not
1501	comply with school advisory council membership composition
1502	requirements pursuant to s. 1001.452(1). The Commissioner of
1503	Education shall withhold disbursements from the trust fund to
1504	any school district that fails to adopt the performance-based
1505	salary schedule required by s. 1012.22(1).
1506	Section 24.  Section 24.1215, Florida Statutes, is amended
1507	to read:
1508	24.1215  Duty to inform public of lottery's significance to
1509	education.--The Division Department of the Lottery shall inform
1510	the public about the significance of lottery funding to the
1511	state's overall system of public education.
1512	Section 25.  Section 24.122, Florida Statutes, is amended
1513	to read:
1514	24.122  Exemption from taxation; state preemption;
1515	inapplicability of other laws.--
1516	(1)  This act does shall not be construed to authorize any
1517	lottery except the lottery operated by the division department
1518	pursuant to this act.
1519	(2)  A No state or local tax may not shall be imposed upon
1520	any prize paid or payable under this act or upon the sale of any
1521	lottery ticket pursuant to this act.
1522	(3)  All matters relating to the operation of the state
1523	lottery are preempted to the state, and a no county,
1524	municipality, or other political subdivision of the state may
1525	not shall enact any ordinance relating to the operation of the
1526	lottery authorized by this act. However, this subsection does
1527	shall not prohibit a political subdivision of the state from
1528	requiring a retailer to obtain an occupational license for any
1529	business unrelated to the sale of lottery tickets.
1530	(4)  Any state or local law providing any penalty,
1531	disability, restriction, or prohibition for the possession,
1532	manufacture, transportation, distribution, advertising, or sale
1533	of any lottery ticket, including chapter 849, does shall not
1534	apply to the tickets of the state lottery operated pursuant to
1535	this act; and nor shall any such law does not apply to the
1536	possession of a ticket issued by any other government-operated
1537	lottery. In addition, activities of the division department
1538	under this act are exempt from the provisions of:
1539	(a)  Chapter 616, relating to public fairs and expositions.
1540	(b)  Chapter 946, relating to correctional work programs.
1541	(c)  Chapter 282, relating to communications and data
1542	processing.
1543	(d)  Section 110.131, relating to other personal services.
1544	Section 26.  Section 24.123, Florida Statutes, is amended
1545	to read:
1546	24.123  Annual audit of financial records and reports.--
1547	(1)  The Legislative Auditing Committee shall contract with
1548	a certified public accountant licensed pursuant to chapter 473
1549	for an annual financial audit of the division department. The
1550	certified public accountant may not shall have any no financial
1551	interest in any vendor with whom the division department is
1552	under contract. The certified public accountant shall present an
1553	audit report no later than 7 months after the end of the fiscal
1554	year and shall make recommendations to enhance the earning
1555	capability of the state lottery and to improve the efficiency of
1556	division department operations. The certified public accountant
1557	shall also perform a study and evaluation of internal accounting
1558	controls and shall express an opinion on those controls in
1559	effect during the audit period. The cost of the annual financial
1560	audit shall be paid by the division department.
1561	(2)  The Auditor General may at any time conduct an audit
1562	of any phase of the operations of the state lottery and shall
1563	receive a copy of the yearly independent financial audit and any
1564	security report prepared pursuant to s. 24.108.
1565	(3)  A copy of any audit performed pursuant to this section
1566	shall be submitted to the commission, the division director
1567	secretary, the Governor, the President of the Senate, the
1568	Speaker of the House of Representatives, and members of the
1569	Legislative Auditing Committee.
1570	Section 27.  Section 24.124, Florida Statutes, is amended
1571	to read:
1572	24.124  Responsibility for ticket accuracy; division
1573	department, retailer, and vendor liability.--
1574	(1)  Purchasers of online games tickets shall be
1575	responsible for verifying the accuracy of their tickets,
1576	including the number or numbers printed on the tickets. In the
1577	event of an error, the ticket may be canceled and a replacement
1578	ticket issued pursuant to rules adopted promulgated by the
1579	Division Department of the Lottery.
1580	(2)  Other than the issuance of a replacement ticket, there
1581	is shall be no right or cause of action and no liability on the
1582	part of the division department, retailer, vendor, or any other
1583	person associated with selling an online games ticket, with
1584	respect to errors or inaccuracies contained in the ticket,
1585	including errors in the number or numbers printed on the ticket.
1586	Section 28.  Paragraph (a) of subsection (9) of section
1587	112.313, Florida Statutes, is amended to read:
1588	112.313  Standards of conduct for public officers,
1589	employees of agencies, and local government attorneys.--
1590	(9)  POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR
1591	LEGISLATORS AND LEGISLATIVE EMPLOYEES.--
1592	(a)1.  It is the intent of the Legislature to implement by
1593	statute the provisions of s. 8(e), Art. II of the State
1594	Constitution relating to legislators, statewide elected
1595	officers, appointed state officers, and designated public
1596	employees.
1597	2.  As used in this paragraph:
1598	a.  "Employee" means:
1599	(I)  Any person employed in the executive or legislative
1600	branch of government holding a position in the Senior Management
1601	Service as defined in s. 110.402 or any person holding a
1602	position in the Selected Exempt Service as defined in s. 110.602
1603	or any person having authority over policy or procurement
1604	employed by the Division Department of the Lottery within the
1605	Department of Gaming Control.
1606	(II)  The Auditor General, the director of the Office of
1607	Program Policy Analysis and Government Accountability, the
1608	Sergeant at Arms and Secretary of the Senate, and the Sergeant
1609	at Arms and Clerk of the House of Representatives.
1610	(III)  The executive director of the Legislative Committee
1611	on Intergovernmental Relations and the executive director and
1612	deputy executive director of the Commission on Ethics.
1613	(IV)  An executive director, staff director, or deputy
1614	staff director of each joint committee, standing committee, or
1615	select committee of the Legislature; an executive director,
1616	staff director, executive assistant, analyst, or attorney of the
1617	Office of the President of the Senate, the Office of the Speaker
1618	of the House of Representatives, the Senate Majority Party
1619	Office, Senate Minority Party Office, House Majority Party
1620	Office, or House Minority Party Office; or any person, hired on
1621	a contractual basis, having the power normally conferred upon
1622	such persons, by whatever title.
1623	(V)  The Chancellor and Vice Chancellors of the State
1624	University System; the general counsel to the Board of Governors
1625	of the State University System; and the president, provost, vice
1626	presidents, and deans of each state university.
1627	(VI)  Any person, including an other-personal-services
1628	employee, having the power normally conferred upon the positions
1629	referenced in this sub-subparagraph.
1630	b.  "Appointed state officer" means any member of an
1631	appointive board, commission, committee, council, or authority
1632	of the executive or legislative branch of state government whose
1633	powers, jurisdiction, and authority are not solely advisory and
1634	include the final determination or adjudication of any personal
1635	or property rights, duties, or obligations, other than those
1636	relative to its internal operations.
1637	c.  "State agency" means an entity of the legislative,
1638	executive, or judicial branch of state government over which the
1639	Legislature exercises plenary budgetary and statutory control.
1640	3.  A No member of the Legislature, appointed state
1641	officer, or statewide elected officer may not shall personally
1642	represent another person or entity for compensation before the
1643	government body or agency of which the individual was an officer
1644	or member for a period of 2 years following vacation of office.
1645	A No member of the Legislature may not shall personally
1646	represent another person or entity for compensation during his
1647	or her term of office before any state agency other than
1648	judicial tribunals or in settlement negotiations after the
1649	filing of a lawsuit.
1650	4.  An agency employee, including an agency employee who
1651	was employed on July 1, 2001, in a Career Service System
1652	position that was transferred to the Selected Exempt Service
1653	System under chapter 2001-43, Laws of Florida, may not
1654	personally represent another person or entity for compensation
1655	before the agency with which he or she was employed for a period
1656	of 2 years following vacation of position, unless employed by
1657	another agency of state government.
1658	5.  Any person violating this paragraph shall be subject to
1659	the penalties provided in s. 112.317 and a civil penalty of an
1660	amount equal to the compensation which the person receives for
1661	the prohibited conduct.
1662	6.  This paragraph is not applicable to:
1663	a.  A person employed by the Legislature or other agency
1664	prior to July 1, 1989;
1665	b.  A person who was employed by the Legislature or other
1666	agency on July 1, 1989, whether or not the person was a defined
1667	employee on July 1, 1989;
1668	c.  A person who was a defined employee of the State
1669	University System or the Public Service Commission who held such
1670	employment on December 31, 1994;
1671	d.  A person who has reached normal retirement age as
1672	defined in s. 121.021(29), and who has retired under the
1673	provisions of chapter 121 by July 1, 1991; or
1674	e.  Any appointed state officer whose term of office began
1675	before January 1, 1995, unless reappointed to that office on or
1676	after January 1, 1995.
1677	Section 29.  Subsection (4) of section 120.80, Florida
1678	Statutes, is amended, and subsection (18) is added to that
1679	section, to read:
1680	120.80  Exceptions and special requirements; agencies.--
1681	(4)  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.--
1682	(a)  Business regulation.--The Division of Pari-mutuel
1683	Wagering is exempt from the hearing and notice requirements of
1684	ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
1685	boards of judges when the hearing is to be held for the purpose
1686	of the imposition of fines or suspensions as provided by rules
1687	of the Division of Pari-mutuel Wagering, but not for
1688	revocations, and only upon violations of subparagraphs 1.-6. The
1689	Division of Pari-mutuel Wagering shall adopt rules establishing
1690	alternative procedures, including a hearing upon reasonable
1691	notice, for the following violations:
1692	1.  Horse riding, harness riding, greyhound interference,
1693	and jai alai game actions in violation of chapter 550.
1694	2.  Application and usage of drugs and medication to
1695	horses, greyhounds, and jai alai players in violation of chapter
1696	550.
1697	3.  Maintaining or possessing any device which could be
1698	used for the injection or other infusion of a prohibited drug to
1699	horses, greyhounds, and jai alai players in violation of chapter
1700	550.
1701	4.  Suspensions under reciprocity agreements between the
1702	Division of Pari-mutuel Wagering and regulatory agencies of
1703	other states.
1704	5.  Assault or other crimes of violence on premises
1705	licensed for pari-mutuel wagering.
1706	6.  Prearranging the outcome of any race or game.
1707	(b)  Professional regulation.--Notwithstanding s.
1708	120.57(1)(a), formal hearings may not be conducted by the
1709	Secretary of Business and Professional Regulation or a board or
1710	member of a board within the Department of Business and
1711	Professional Regulation for matters relating to the regulation
1712	of professions, as defined by chapter 455.
1713	(18)  DEPARTMENT OF GAMING CONTROL.--The Bureau of Pari-
1714	mutuel Wagering within the Division of Gambling Oversight is
1715	exempt from the hearing and notice requirements of ss. 120.569
1716	and 120.57(1)(a), but only for stewards, judges, and boards of
1717	judges when the hearing is to be held for the purpose of the
1718	imposition of fines or suspension as provided by rules of the
1719	Bureau of Pari-mutuel Wagering, but not for revocations, and
1720	only upon violations of paragraphs (a)-(f). The Bureau of Pari-
1721	mutuel Wagering shall adopt rules establishing alternative
1722	procedures, including a hearing upon reasonable notice, for the
1723	following violations:
1724	(a)  Horse riding, harness riding, greyhound interference,
1725	and jai alai game actions in violation of chapter 550.
1726	(b)  Application and usage of drugs and medication to
1727	horses, greyhounds, and jai alai players in violation of chapter
1728	550.
1729	(c)  Maintaining or possessing any device that could be
1730	used for the injection or other infusion of a prohibited drug to
1731	horses, greyhounds, and jai alai players in violation of chapter
1732	550.
1733	(d)  Suspensions under reciprocity agreements between the
1734	Bureau of Pari-mutuel Wagering and regulatory agencies of other
1735	states.
1736	(e)  Assault or other crimes of violence on premises
1737	licensed for pari-mutuel wagering.
1738	(f)  Prearranging the outcome of any race or game.
1739	Section 30.  Paragraph (e) of subsection (8) of section
1740	213.053, Florida Statutes, is amended to read:
1741	213.053  Confidentiality and information sharing.--
1742	(8)  Notwithstanding any other provision of this section,
1743	the department may provide:
1744	(e)  Names, addresses, taxpayer identification numbers, and
1745	outstanding tax liabilities to the Division Department of the
1746	Lottery of the Department of Gaming Control and the Office of
1747	Financial Regulation of the Financial Services Commission in the
1748	conduct of their official duties.
1749
1750	Disclosure of information under this subsection shall be
1751	pursuant to a written agreement between the executive director
1752	and the agency. Such agencies, governmental or nongovernmental,
1753	shall be bound by the same requirements of confidentiality as
1754	the Department of Revenue. Breach of confidentiality is a
1755	misdemeanor of the first degree, punishable as provided by s.
1756	775.082 or s. 775.083.
1757	Section 31.  Paragraph (d) of subsection (4) of section
1758	215.20, Florida Statutes, is amended, and paragraph (y) is added
1759	to that subsection, to read:
1760	215.20  Certain income and certain trust funds to
1761	contribute to the General Revenue Fund.--
1762	(4)  The income of a revenue nature deposited in the
1763	following described trust funds, by whatever name designated, is
1764	that from which the appropriations authorized by subsection (3)
1765	shall be made:
1766	(d)  Within the Department of Business and Professional
1767	Regulation:
1768	1.  The Administrative Trust Fund.
1769	2.  The Alcoholic Beverage and Tobacco Trust Fund.
1770	3.  The Cigarette Tax Collection Trust Fund.
1771	4.  The Division of Florida Land Sales, Condominiums, and
1772	Mobile Homes Trust Fund.
1773	5.  The Hotel and Restaurant Trust Fund, with the exception
1774	of those fees collected for the purpose of funding of the
1775	hospitality education program as stated in s. 509.302.
1776	6.  The Professional Regulation Trust Fund.
1777	7.  The trust funds administered by the Division of Pari-
1778	mutuel Wagering.
1779	(y)  Within the Department of Gaming Control, the trust
1780	funds administered by the Bureau of Pari-mutuel Wagering within
1781	the Division of Gambling Oversight.
1782
1783	The enumeration of the foregoing moneys or trust funds shall not
1784	prohibit the applicability thereto of s. 215.24 should the
1785	Governor determine that for the reasons mentioned in s. 215.24
1786	the money or trust funds should be exempt herefrom, as it is the
1787	purpose of this law to exempt income from its force and effect
1788	when, by the operation of this law, federal matching funds or
1789	contributions or private grants to any trust fund would be lost
1790	to the state.
1791	Section 32.  Paragraph (b) of subsection (1) of section
1792	215.22, Florida Statutes, is amended to read:
1793	215.22  Certain income and certain trust funds exempt.--
1794	(1)  The following income of a revenue nature or the
1795	following trust funds shall be exempt from the appropriation
1796	required by s. 215.20(1):
1797	(b)  Trust funds administered by the Division Department of
1798	the Lottery within the Department of Gaming Control.
1799	Section 33.  Subsection (16) of section 215.422, Florida
1800	Statutes, is amended to read:
1801	215.422  Payments, warrants, and invoices; processing time
1802	limits; dispute resolution; agency or judicial branch
1803	compliance.--
1804	(16)  Notwithstanding the provisions of s. 24.120(3),
1805	applicable to warrants issued for payment of invoices submitted
1806	by the Division Department of the Lottery within the Department
1807	of Gaming Control, the Chief Financial Officer may, by written
1808	agreement with the Division Department of the Lottery, establish
1809	a shorter time requirement than the 10 days provided in
1810	subsection (2) for warrants issued for payment. Pursuant to such
1811	written agreement, the Division Department of the Lottery within
1812	the Department of Gaming Control shall reimburse the Chief
1813	Financial Officer for costs associated with processing invoices
1814	under the agreement.
1815	Section 34.  Subsection (10) of section 287.045, Florida
1816	Statutes, is amended to read:
1817	287.045  Procurement of products and materials with
1818	recycled content.--
1819	(10)  An agency, or a vendor contracting with such agency
1820	with respect to work performed under contract, must procure
1821	products or materials with recycled content if the department
1822	determines that those products or materials are available
1823	pursuant to subsection (5). Notwithstanding any other provision
1824	to the contrary, for the purpose of this section, the term
1825	"agency" means any of the various state officers, departments,
1826	boards, commissions, divisions, bureaus, and councils and any
1827	other unit of organization, however designated, of the executive
1828	branch including the Department of Gaming Control the Lottery,
1829	the legislative branch, the judicial branch, the university and
1830	college boards of trustees, and the state universities and
1831	colleges. A decision not to procure such items must be based on
1832	the department's determination that such procurement is not
1833	reasonably available within an acceptable period of time or
1834	fails to meet the performance standards set forth in the
1835	applicable specifications or fails to meet the performance
1836	standards of the agency.
1837	Section 35.  Subsections (6) and (7) of section 455.116,
1838	Florida Statutes, are amended to read:
1839	455.116  Regulation trust funds.--The following trust funds
1840	shall be placed in the department:
1841	(6)  Pari-mutuel Wagering Trust Fund.
1842	(6)(7)  Professional Regulation Trust Fund.
1843	Section 36.  Subsections (6) and (7) of section 550.002,
1844	Florida Statutes, are amended, and subsections (40) and (41) are
1845	added to that section, to read:
1846	550.002  Definitions.--As used in this chapter, the term:
1847	(6)  "Department" means the Department of Gaming Control
1848	Business and Professional Regulation.
1849	(7)  "Division" means the Division of Gambling Oversight
1850	Pari-mutuel Wagering within the Department of Gaming Control
1851	Business and Professional Regulation.
1852	(40)  "Bureau" means the Bureau of Pari-mutuel Wagering
1853	within the Division of Gambling Oversight of the Department of
1854	Gaming Control.
1855	(41)  "Commission" means the Gaming Commission.
1856	Section 37.  Section 550.0115, Florida Statutes, is amended
1857	to read:
1858	550.0115  Permitholder license.--After a permit has been
1859	issued by the bureau division, and after the permit has been
1860	approved by election, the bureau division shall issue to the
1861	permitholder an annual license to conduct pari-mutuel operations
1862	at the location specified in the permit pursuant to the
1863	provisions of this chapter.
1864	Section 38.  Section 550.01215, Florida Statutes, is
1865	amended to read:
1866	550.01215  License application; periods of operation; bond,
1867	conversion of permit.--
1868	(1)  Each permitholder shall annually, during the period
1869	between December 15 and January 4, file in writing with the
1870	bureau division its application for a license to conduct
1871	performances during the next state fiscal year. Each application
1872	shall specify the number, dates, and starting times of all
1873	performances which the permitholder intends to conduct. It shall
1874	also specify which performances will be conducted as charity or
1875	scholarship performances. In addition, each application for a
1876	license shall include, for each permitholder which elects to
1877	operate a cardroom, the dates and periods of operation the
1878	permitholder intends to operate the cardroom or, for each
1879	thoroughbred permitholder which elects to receive or rebroadcast
1880	out-of-state races after 7 p.m., the dates for all performances
1881	which the permitholder intends to conduct. Permitholders shall
1882	be entitled to amend their applications through February 28.
1883	(2)  After the first license has been issued to a
1884	permitholder, all subsequent annual applications for a license
1885	shall be accompanied by proof, in such form as the bureau
1886	division may by rule require, that the permitholder continues to
1887	possess the qualifications prescribed by this chapter, and that
1888	the permit has not been disapproved at a later election.
1889	(3)  Except as provided in s. 550.5251 for thoroughbred
1890	racing, the bureau division shall issue each license no later
1891	than March 15. Each permitholder shall operate all performances
1892	at the date and time specified on its license. The bureau may
1893	division shall have the authority to approve minor changes in
1894	racing dates after a license has been issued. The bureau
1895	division may approve changes in racing dates after a license has
1896	been issued when there is no objection from any operating
1897	permitholder located within 50 miles of the permitholder
1898	requesting the changes in operating dates. In the event of an
1899	objection, the bureau division shall approve or disapprove the
1900	change in operating dates based upon the impact on operating
1901	permitholders located within 50 miles of the permitholder
1902	requesting the change in operating dates. In making the
1903	determination to change racing dates, the bureau division shall
1904	take into consideration the impact of such changes on state
1905	revenues.
1906	(4)  If In the event that a permitholder fails to operate
1907	all performances specified on its license at the date and time
1908	specified, the bureau division shall hold a hearing to determine
1909	whether to fine or suspend the permitholder's license, unless
1910	such failure was the direct result of fire, strike, war, or
1911	other disaster or event beyond the ability of the permitholder
1912	to control. Financial hardship to the permitholder does shall
1913	not, in and of itself, constitute just cause for failure to
1914	operate all performances on the dates and at the times
1915	specified.
1916	(5)  If In the event that performances licensed to be
1917	operated by a permitholder are vacated, abandoned, or will not
1918	be used for any reason, any permitholder is shall be entitled,
1919	pursuant to rules adopted by the bureau division, to apply to
1920	conduct performances on the dates for which the performances
1921	have been abandoned. The bureau division shall issue an amended
1922	license for all such replacement performances that which have
1923	been requested in compliance with the provisions of this chapter
1924	and bureau division rules.
1925	(6)  Any permit that which was converted from a jai alai
1926	permit to a greyhound permit may be converted to a jai alai
1927	permit at any time if the permitholder never conducted greyhound
1928	racing or if the permitholder has not conducted greyhound racing
1929	for a period of 12 consecutive months.
1930	Section 39.  Section 550.0235, Florida Statutes, is amended
1931	to read:
1932	550.0235  Limitation of civil liability.--No permittee
1933	conducting a racing meet pursuant to the provisions of this
1934	chapter; no bureau chief, division director, or employee of the
1935	bureau division; and no steward, judge, or other person
1936	appointed to act pursuant to this chapter shall be held liable
1937	to any person, partnership, association, corporation, or other
1938	business entity for any cause whatsoever arising out of, or
1939	from, the performance by such permittee, bureau chief, director,
1940	employee, steward, judge, or other person of her or his duties
1941	and the exercise of her or his discretion with respect to the
1942	implementation and enforcement of the statutes and rules
1943	governing the conduct of pari-mutuel wagering, so long as she or
1944	he acted in good faith. This section does shall not limit
1945	liability in any situation in which the negligent maintenance of
1946	the premises or the negligent conduct of a race contributed to
1947	an accident; and does not nor shall it limit any contractual
1948	liability.
1949	Section 40.  Section 550.0251, Florida Statutes, is amended
1950	to read:
1951	550.0251  The powers and duties of the Bureau Division of
1952	Pari-mutuel Wagering within the Division of Gambling Oversight
1953	of the Department of Gaming Control Business and Professional
1954	Regulation.--The bureau division shall administer this chapter
1955	and regulate the pari-mutuel industry under this chapter and the
1956	rules adopted pursuant thereto, and:
1957	(1)  The bureau division shall make an annual report to the
1958	Governor showing its own actions, receipts derived under the
1959	provisions of this chapter, the practical effects of the
1960	application of this chapter, and any suggestions it may approve
1961	for the more effectual accomplishments of the purposes of this
1962	chapter.
1963	(2)  The bureau division shall require an oath on
1964	application documents as required by rule, which oath must state
1965	that the information contained in the document is true and
1966	complete.
1967	(3)  The bureau division shall adopt reasonable rules for
1968	the control, supervision, and direction of all applicants,
1969	permittees, and licensees and for the holding, conducting, and
1970	operating of all racetracks, race meets, and races held in this
1971	state. Such rules must be uniform in their application and
1972	effect, and the duty of exercising this control and power is
1973	made mandatory upon the bureau division.
1974	(4)  The bureau division may take testimony concerning any
1975	matter within its jurisdiction and issue summons and subpoenas
1976	for any witness and subpoenas duces tecum in connection with any
1977	matter within the jurisdiction of the bureau division under its
1978	seal and signed by the director.
1979	(5)  The bureau division may adopt rules establishing
1980	procedures for testing occupational licenseholders officiating
1981	at or participating in any race or game at any pari-mutuel
1982	facility under the jurisdiction of the bureau division for a
1983	controlled substance or alcohol and may prescribe procedural
1984	matters not in conflict with s. 120.80(4)(a).
1985	(6)  In addition to the power to exclude certain persons
1986	from any pari-mutuel facility in this state, the bureau division
1987	may exclude any person from any and all pari-mutuel facilities
1988	in this state for conduct that would constitute, if the person
1989	were a licensee, a violation of this chapter or the rules of the
1990	bureau division. The bureau division may exclude from any pari-
1991	mutuel facility within this state any person who has been
1992	ejected from a pari-mutuel facility in this state or who has
1993	been excluded from any pari-mutuel facility in another state by
1994	the governmental department, agency, commission, or authority
1995	exercising regulatory jurisdiction over pari-mutuel facilities
1996	in such other state. The bureau division may authorize any
1997	person who has been ejected or excluded from pari-mutuel
1998	facilities in this state or another state to attend the pari-
1999	mutuel facilities in this state upon a finding that the
2000	attendance of such person at pari-mutuel facilities would not be
2001	adverse to the public interest or to the integrity of the sport
2002	or industry; however, this subsection does shall not be
2003	construed to abrogate the common-law right of a pari-mutuel
2004	permitholder to exclude absolutely a patron in this state.
2005	(7)  The bureau division may oversee the making of, and
2006	distribution from, all pari-mutuel pools.
2007	(8)  The bureau department may collect taxes and require
2008	compliance with reporting requirements for financial information
2009	as authorized by this chapter. In addition, the commission
2010	secretary of the department may require permitholders conducting
2011	pari-mutuel operations within the state to remit taxes,
2012	including fees, by electronic funds transfer if the taxes and
2013	fees amounted to $50,000 or more in the prior reporting year.
2014	(9)  The bureau division may conduct investigations in
2015	enforcing this chapter, except that all information obtained
2016	pursuant to an investigation by the bureau division for an
2017	alleged violation of this chapter or rules of the bureau
2018	division is exempt from s. 119.07(1) and from s. 24(a), Art. I
2019	of the State Constitution until an administrative complaint is
2020	issued or the investigation is closed or ceases to be active.
2021	This subsection does not prohibit the bureau division from
2022	providing such information to any law enforcement agency or to
2023	any other regulatory agency. For the purposes of this
2024	subsection, an investigation is considered to be active while it
2025	is being conducted with reasonable dispatch and with a
2026	reasonable, good faith belief that it could lead to an
2027	administrative, civil, or criminal action by the division or
2028	another administrative or law enforcement agency. Except for
2029	active criminal intelligence or criminal investigative
2030	information, as defined in s. 119.011, and any other information
2031	that, if disclosed, would jeopardize the safety of an
2032	individual, all information, records, and transcriptions become
2033	public when the investigation is closed or ceases to be active.
2034	(10)  The bureau division may impose an administrative fine
2035	for a violation under this chapter of not more than $1,000 for
2036	each count or separate offense, except as otherwise provided in
2037	this chapter, and may suspend or revoke a permit, a pari-mutuel
2038	license, or an occupational license for a violation under this
2039	chapter. All fines imposed and collected under this subsection
2040	must be deposited with the Chief Financial Officer to the credit
2041	of the General Revenue Fund.
2042	(11)  The bureau division shall supervise and regulate the
2043	welfare of racing animals at pari-mutuel facilities.
2044	(12)  The Bureau of Cardrooms within the Division of
2045	Gambling Oversight division shall have full authority and power
2046	to make, adopt, amend, or repeal rules relating to cardroom
2047	operations, to enforce and to carry out the provisions of s.
2048	849.086, and to regulate the authorized cardroom activities in
2049	the state.
2050	(13)  The bureau may division shall have the authority to
2051	suspend a permitholder's permit or license, if such permitholder
2052	is operating a cardroom facility and such permitholder's
2053	cardroom license has been suspended or revoked pursuant to s.
2054	849.086.
2055	Section 41.  Subsections (1), (2), (4), (6), and (8) of
2056	section 550.0351, Florida Statutes, are amended to read:
2057	550.0351  Charity racing days.--
2058	(1)  The bureau division shall, upon the request of a
2059	permitholder, authorize each horseracing permitholder, dogracing
2060	permitholder, and jai alai permitholder up to five charity or
2061	scholarship days in addition to the regular racing days
2062	authorized by law.
2063	(2)  The proceeds of charity performances shall be paid to
2064	qualified beneficiaries selected by the permitholders from an
2065	authorized list of charities on file with the bureau division.
2066	Eligible charities include any charity that provides evidence of
2067	compliance with the provisions of chapter 496 and evidence of
2068	possession of a valid exemption from federal taxation issued by
2069	the Internal Revenue Service. In addition, the authorized list
2070	must include the Racing Scholarship Trust Fund, the Historical
2071	Resources Operating Trust Fund, major state and private
2072	institutions of higher learning, and Florida community colleges.
2073	(4)  The total of all profits derived from the conduct of a
2074	charity day performance must include all revenues derived from
2075	the conduct of that racing performance, including all state
2076	taxes that would otherwise be due to the state, except that the
2077	daily license fee as provided in s. 550.0951(1) and the breaks
2078	for the promotional trust funds as provided in s. 550.2625(3),
2079	(4), (5), (7), and (8) shall be paid to the bureau division. All
2080	other revenues from the charity racing performance, including
2081	the commissions, breaks, and admissions and the revenues from
2082	parking, programs, and concessions, shall be included in the
2083	total of all profits.
2084	(6)(a)  The bureau division shall authorize one additional
2085	scholarship day for horseracing in addition to the regular
2086	racing days authorized by law and any additional days authorized
2087	by this section, to be conducted at all horse racetracks located
2088	in Hillsborough County. The permitholder shall conduct a full
2089	schedule of racing on the scholarship day.
2090	(b)  The funds derived from the operation of the additional
2091	scholarship day shall be allocated as provided in this section
2092	and paid to Pasco-Hernando Community College.
2093	(c)  When a charity or scholarship performance is conducted
2094	as a matinee performance, the bureau division may authorize the
2095	permitholder to conduct the evening performances of that
2096	operation day as a regular performance in addition to the
2097	regular operating days authorized by law.
2098	(8)  In addition to the eligible charities that meet the
2099	criteria set forth in this section, a jai alai permitholder is
2100	authorized to conduct two additional charity performances each
2101	fiscal year for a fund to benefit retired jai alai players. This
2102	performance shall be known as the "Retired Jai Alai Players
2103	Charity Day." The administration of this fund shall be
2104	determined by rule by the bureau division.
2105	Section 42.  Section 550.054, Florida Statutes, is amended
2106	to read:
2107	550.054  Application for permit to conduct pari-mutuel
2108	wagering.--
2109	(1)  Any person who possesses the qualifications prescribed
2110	in this chapter may apply to the bureau division for a permit to
2111	conduct pari-mutuel operations under this chapter. Applications
2112	for a pari-mutuel permit are exempt from the 90-day licensing
2113	requirement of s. 120.60. Within 120 days after receipt of a
2114	complete application, the bureau division shall grant or deny
2115	the permit. A completed application that is not acted upon
2116	within 120 days after receipt is deemed approved, and the bureau
2117	division shall grant the permit.
2118	(2)  Upon each application filed and approved, a permit
2119	shall be issued to the applicant setting forth the name of the
2120	permitholder, the location of the pari-mutuel facility, the type
2121	of pari-mutuel activity desired to be conducted, and a statement
2122	showing qualifications of the applicant to conduct pari-mutuel
2123	performances under this chapter; however, a permit is
2124	ineffectual to authorize any pari-mutuel performances until
2125	approved by a majority of the electors participating in a
2126	ratification election in the county in which the applicant
2127	proposes to conduct pari-mutuel wagering activities. In
2128	addition, an application may not be considered, nor may a permit
2129	be issued by the bureau division or be voted upon in any county,
2130	to conduct horseraces, harness horse races, or dograces at a
2131	location within 100 miles of an existing pari-mutuel facility,
2132	or for jai alai within 50 miles of an existing pari-mutuel
2133	facility; this distance shall be measured on a straight line
2134	from the nearest property line of one pari-mutuel facility to
2135	the nearest property line of the other facility.
2136	(3)  The bureau division shall require that each applicant
2137	submit an application setting forth:
2138	(a)  The full name of the applicant.
2139	(b)  If a corporation, the name of the state in which
2140	incorporated and the names and addresses of the officers,
2141	directors, and shareholders holding 5 percent or more equity or,
2142	if a business entity other than a corporation, the names and
2143	addresses of the principals, partners, or shareholders holding 5
2144	percent or more equity.
2145	(c)  The names and addresses of the ultimate equitable
2146	owners for a corporation or other business entity, if different
2147	from those provided under paragraph (b), unless the securities
2148	of the corporation or entity are registered pursuant to s. 12 of
2149	the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk; and
2150	if such corporation or entity files with the United States
2151	Securities and Exchange Commission the reports required by s. 13
2152	of that act or if the securities of the corporation or entity
2153	are regularly traded on an established securities market in the
2154	United States.
2155	(d)  The exact location where the applicant will conduct
2156	pari-mutuel performances.
2157	(e)  Whether the pari-mutuel facility is owned or leased
2158	and, if leased, the name and residence of the fee owner or, if a
2159	corporation, the names and addresses of the directors and
2160	stockholders thereof. However, this chapter does not prevent a
2161	person from applying to the bureau division for a permit to
2162	conduct pari-mutuel operations, regardless of whether the pari-
2163	mutuel facility has been constructed or not, and having an
2164	election held in any county at the same time that elections are
2165	held for the ratification of any permit in that county.
2166	(f)  A statement of the assets and liabilities of the
2167	applicant.
2168	(g)  The names and addresses of any mortgagee of any pari-
2169	mutuel facility and any financial agreement between the parties.
2170	The bureau division may require the names and addresses of the
2171	officers and directors of the mortgagee, and of those
2172	stockholders who hold more than 10 percent of the stock of the
2173	mortgagee.
2174	(h)  A business plan for the first year of operation.
2175	(i)  For each individual listed in the application as an
2176	owner, partner, officer, or director, a complete set of
2177	fingerprints that has been taken by an authorized law
2178	enforcement officer. These sets of fingerprints must be
2179	submitted to the Federal Bureau of Investigation for processing.
2180	Applicants who are foreign nationals shall submit such documents
2181	as necessary to allow the bureau division to conduct criminal
2182	history records checks in the applicant's home country. The
2183	applicant must pay the cost of processing. The bureau division
2184	may charge a $2 handling fee for each set of fingerprint
2185	records.
2186	(j)  The type of pari-mutuel activity to be conducted and
2187	the desired period of operation.
2188	(k)  Other information the bureau division requires.
2189	(4)  The bureau division shall require each applicant to
2190	deposit with the board of county commissioners of the county in
2191	which the election is to be held, a sufficient sum, in currency
2192	or by check certified by a bank licensed to do business in the
2193	state to pay the expenses of holding the election provided in s.
2194	550.0651.
2195	(5)  Upon receiving an application and any amendments
2196	properly made thereto, the bureau division shall further
2197	investigate the matters contained in the application. If the
2198	applicant meets all requirements, conditions, and qualifications
2199	set forth in this chapter and the rules of the bureau division,
2200	the bureau division shall grant the permit.
2201	(6)  After initial approval of the permit and the source of
2202	financing, the terms and parties of any subsequent refinancing
2203	must be disclosed by the applicant or the permitholder to the
2204	bureau division.
2205	(7)  If the bureau division refuses to grant the permit,
2206	the money deposited with the board of county commissioners for
2207	holding the election must be refunded to the applicant. If the
2208	bureau division grants the permit applied for, the board of
2209	county commissioners shall order an election in the county to
2210	decide whether the permit will be approved, as provided in s.
2211	550.0651.
2212	(8)(a)  The bureau division may charge the applicant for
2213	reasonable, anticipated costs incurred by the bureau division in
2214	determining the eligibility of any person or entity specified in
2215	s. 550.1815(1)(a) to hold any pari-mutuel permit, against such
2216	person or entity.
2217	(b)  The bureau division may, by rule, determine the manner
2218	of paying its anticipated costs associated with determination of
2219	eligibility and the procedure for filing applications for
2220	determination of eligibility.
2221	(c)  The bureau division shall furnish to the applicant an
2222	itemized statement of actual costs incurred during the
2223	investigation to determine eligibility.
2224	(d)  If unused funds remain at the conclusion of such
2225	investigation, they must be returned to the applicant within 60
2226	days after the determination of eligibility has been made.
2227	(e)  If the actual costs of investigation exceed
2228	anticipated costs, the bureau division shall assess the
2229	applicant the amount necessary to recover all actual costs.
2230	(9)(a)  After a permit has been granted by the bureau
2231	division and has been ratified and approved by the majority of
2232	the electors participating in the election in the county
2233	designated in the permit, the bureau division shall grant to the
2234	lawful permitholder, subject to the conditions of this chapter,
2235	a license to conduct pari-mutuel operations under this chapter,
2236	and, except as provided in s. 550.5251, the bureau division
2237	shall fix annually the time, place, and number of days during
2238	which pari-mutuel operations may be conducted by the
2239	permitholder at the location fixed in the permit and ratified in
2240	the election. After the first license has been issued to the
2241	holder of a ratified permit for racing in any county, all
2242	subsequent annual applications for a license by that
2243	permitholder must be accompanied by proof, in such form as the
2244	bureau division requires, that the ratified permitholder still
2245	possesses all the qualifications prescribed by this chapter and
2246	that the permit has not been recalled at a later election held
2247	in the county.
2248	(b)  The bureau division may revoke or suspend any permit
2249	or license issued under this chapter upon the willful violation
2250	by the permitholder or licensee of any provision of this chapter
2251	or of any rule adopted under this chapter. In lieu of suspending
2252	or revoking a permit or license, the bureau division may impose
2253	a civil penalty against the permitholder or licensee for a
2254	violation of this chapter or any rule adopted by the bureau
2255	division. The penalty so imposed may not exceed $1,000 for each
2256	count or separate offense. All penalties imposed and collected
2257	must be deposited with the Chief Financial Officer to the credit
2258	of the General Revenue Fund.
2259	(10)  If a permitholder has failed to complete construction
2260	of at least 50 percent of the facilities necessary to conduct
2261	pari-mutuel operations within 12 months after approval by the
2262	voters of the permit, the bureau division shall revoke the
2263	permit upon adequate notice to the permitholder. However, the
2264	bureau division, upon good cause shown by the permitholder, may
2265	grant one extension of up to 12 months.
2266	(11)(a)  A permit granted under this chapter may not be
2267	transferred or assigned except upon written approval by the
2268	bureau division pursuant to s. 550.1815, except that the holder
2269	of any permit that has been converted to a jai alai permit may
2270	lease or build anywhere within the county in which its permit is
2271	located.
2272	(b)  If a permit to conduct pari-mutuel wagering is held by
2273	a corporation or business entity other than an individual, the
2274	transfer of 10 percent or more of the stock or other evidence of
2275	ownership or equity in the permitholder may not be made without
2276	the prior approval of the transferee by the bureau division
2277	pursuant to s. 550.1815.
2278	(12)  Changes in ownership or interest of a pari-mutuel
2279	permit of 5 percent or more of the stock or other evidence of
2280	ownership or equity in the permitholder shall be approved by the
2281	bureau division prior to such change, unless the owner is an
2282	existing owner of that permit who was previously approved by the
2283	bureau division. Changes in ownership or interest of a pari-
2284	mutuel permit of less than 5 percent shall be reported to the
2285	bureau division within 20 days of the change. The bureau
2286	division may then conduct an investigation to ensure that the
2287	permit is properly updated to show the change in ownership or
2288	interest.
2289	(13)(a)  Notwithstanding any provisions of this chapter, a
2290	no thoroughbred horse racing permit or license issued under this
2291	chapter may not shall be transferred, or reissued when such
2292	reissuance is in the nature of a transfer so as to permit or
2293	authorize a licensee to change the location of a thoroughbred
2294	horse racetrack except upon proof in such form as the bureau
2295	division may prescribe that a referendum election has been held:
2296	1.  If the proposed new location is within the same county
2297	as the already licensed location, in the county where the
2298	licensee desires to conduct the race meeting and that a majority
2299	of the electors voting on that question in such election voted
2300	in favor of the transfer of such license.
2301	2.  If the proposed new location is not within the same
2302	county as the already licensed location, in the county where the
2303	licensee desires to conduct the race meeting and in the county
2304	where the licensee is already licensed to conduct the race
2305	meeting and that a majority of the electors voting on that
2306	question in each such election voted in favor of the transfer of
2307	such license.
2308	(b)  Each referendum held under the provisions of this
2309	subsection shall be held in accordance with the electoral
2310	procedures for ratification of permits, as provided in s.
2311	550.0651. The expense of each such referendum shall be borne by
2312	the licensee requesting the transfer.
2313	Section 43.  Subsections (1), (3), and (5) of section
2314	550.0651, Florida Statutes, are amended to read:
2315	550.0651  Elections for ratification of permits.--
2316	(1)  The holder of any permit may have submitted to the
2317	electors of the county designated therein the question whether
2318	or not such permit will be ratified or rejected. Such questions
2319	shall be submitted to the electors for approval or rejection at
2320	a special election to be called for that purpose only. The board
2321	of county commissioners of the county designated, upon the
2322	presentation to such board at a regular or special meeting of a
2323	written application, accompanied by a certified copy of the
2324	permit granted by the bureau division, and asking for an
2325	election in the county in which the application was made, shall
2326	order a special election in the county for the particular
2327	purpose of deciding whether such permit shall be approved and
2328	license issued and race meetings permitted in such county by
2329	such permittee and shall cause the clerk of such board to give
2330	notice of the special election by publishing the same once each
2331	week for 2 consecutive weeks in one or more newspapers of
2332	general circulation in the county. Each permit covering each
2333	track must be voted upon separately and in separate elections,
2334	and an election may not be called more often than once every 2
2335	years for the ratification of any permit covering the same
2336	track.
2337	(3)  When a permit has been granted by the bureau division
2338	and no application to the board of county commissioners has been
2339	made by the permittee within 6 months after the granting of the
2340	permit, the permit becomes void. The bureau division shall
2341	cancel the permit without notice to the permitholder, and the
2342	board of county commissioners holding the deposit for the
2343	election shall refund the deposit to the permitholder upon being
2344	notified by the bureau division that the permit has become void
2345	and has been canceled.
2346	(5)  If at any such special election the majority of the
2347	electors voting on the question of ratification or rejection of
2348	any permit vote against such ratification, such permit is void.
2349	If a majority of the electors voting on the question of
2350	ratification or rejection of any permit vote for such
2351	ratification, such permit becomes effectual and the holder
2352	thereof may conduct racing upon complying with the other
2353	provisions of this chapter. The board of county commissioners
2354	shall immediately certify the results of the election to the
2355	bureau division.
2356	Section 44.  Subsections (1) and (4) of section 550.0745,
2357	Florida Statutes, are amended to read:
2358	550.0745  Conversion of pari-mutuel permit to summer jai
2359	alai permit.--
2360	(1)  The owner or operator of a pari-mutuel permit who is
2361	authorized by the bureau division to conduct pari-mutuel pools
2362	on exhibition sports in any county having five or more such
2363	pari-mutuel permits and whose mutuel play from the operation of
2364	such pari-mutuel pools for the 2 consecutive years next prior to
2365	filing an application under this section has had the smallest
2366	play or total pool within the county may apply to the bureau
2367	division to convert its permit to a permit to conduct a summer
2368	jai alai fronton in such county during the summer season
2369	commencing on May 1 and ending on November 30 of each year on
2370	such dates as may be selected by such permittee for the same
2371	number of days and performances as are allowed and granted to
2372	winter jai alai frontons within such county. If a permittee who
2373	is eligible under this section to convert a permit declines to
2374	convert, a new permit is hereby made available in that
2375	permittee's county to conduct summer jai alai games as provided
2376	by this section, notwithstanding mileage and permit ratification
2377	requirements. If a permittee converts a quarter horse permit
2378	pursuant to this section, nothing in this section prohibits the
2379	permittee from obtaining another quarter horse permit. Such
2380	permittee shall pay the same taxes as are fixed and required to
2381	be paid from the pari-mutuel pools of winter jai alai permittees
2382	and is bound by all of the rules and provisions of this chapter
2383	which apply to the operation of winter jai alai frontons. Such
2384	permittee shall only be permitted to operate a jai alai fronton
2385	after its application has been submitted to the bureau division
2386	and its license has been issued pursuant to the application. The
2387	license is renewable from year to year as provided by law.
2388	(4)  The provisions of this chapter which prohibit the
2389	location and operation of jai alai frontons within a specified
2390	distance from the location of another jai alai fronton or other
2391	permittee and which prohibit the bureau division from granting
2392	any permit at a location within a certain designated area do not
2393	apply to the provisions of this section and do not prevent the
2394	issuance of a license under this section.
2395	Section 45.  Subsections (1) and (2), paragraph (c) of
2396	subsection (3), and subsections (5) and (6) of section 550.0951,
2397	Florida Statutes, are amended to read:
2398	550.0951  Payment of daily license fee and taxes;
2399	penalties.--
2400	(1)(a)  DAILY LICENSE FEE.--Each person engaged in the
2401	business of conducting race meetings or jai alai games under
2402	this chapter, hereinafter referred to as the "permitholder,"
2403	"licensee," or "permittee," shall pay to the bureau division,
2404	for the use of the bureau division, a daily license fee on each
2405	live or simulcast pari-mutuel event of $100 for each horserace
2406	and $80 for each dograce and $40 for each jai alai game
2407	conducted at a racetrack or fronton licensed under this chapter.
2408	In addition to the tax exemption specified in s. 550.09514(1) of
2409	$360,000 or $500,000 per greyhound permitholder per state fiscal
2410	year, each greyhound permitholder shall receive in the current
2411	state fiscal year a tax credit equal to the number of live
2412	greyhound races conducted in the previous state fiscal year
2413	times the daily license fee specified for each dograce in this
2414	subsection applicable for the previous state fiscal year. This
2415	tax credit and the exemption in s. 550.09514(1) shall be
2416	applicable to any tax imposed by this chapter or the daily
2417	license fees imposed by this chapter except during any charity
2418	or scholarship performances conducted pursuant to s. 550.0351.
2419	Each permitholder shall pay daily license fees not to exceed
2420	$500 per day on any simulcast races or games on which such
2421	permitholder accepts wagers regardless of the number of out-of-
2422	state events taken or the number of out-of-state locations from
2423	which such events are taken. This license fee shall be deposited
2424	with the Chief Financial Officer to the credit of the Pari-
2425	mutuel Wagering Trust Fund.
2426	(b)  Each permitholder that cannot utilize the full amount
2427	of the exemption of $360,000 or $500,000 provided in s.
2428	550.09514(1) or the daily license fee credit provided in this
2429	section may, after notifying the bureau division in writing,
2430	elect once per state fiscal year on a form provided by the
2431	bureau division to transfer such exemption or credit or any
2432	portion thereof to any greyhound permitholder which acts as a
2433	host track to such permitholder for the purpose of intertrack
2434	wagering. Once an election to transfer such exemption or credit
2435	is filed with the bureau division, it shall not be rescinded.
2436	The bureau division shall disapprove the transfer when the
2437	amount of the exemption or credit or portion thereof is
2438	unavailable to the transferring permitholder or when the
2439	permitholder who is entitled to transfer the exemption or credit
2440	or who is entitled to receive the exemption or credit owes taxes
2441	to the state pursuant to a deficiency letter or administrative
2442	complaint issued by the bureau division. Upon approval of the
2443	transfer by the bureau division, the transferred tax exemption
2444	or credit shall be effective for the first performance of the
2445	next biweekly pay period as specified in subsection (5). The
2446	exemption or credit transferred to such host track may be
2447	applied by such host track against any taxes imposed by this
2448	chapter or daily license fees imposed by this chapter. The
2449	greyhound permitholder host track to which such exemption or
2450	credit is transferred shall reimburse such permitholder the
2451	exact monetary value of such transferred exemption or credit as
2452	actually applied against the taxes and daily license fees of the
2453	host track. The bureau division shall ensure that all transfers
2454	of exemption or credit are made in accordance with this
2455	subsection and shall have the authority to adopt rules to ensure
2456	the implementation of this section.
2457	(2)  ADMISSION TAX.--
2458	(a)  An admission tax equal to 15 percent of the admission
2459	charge for entrance to the permitholder's facility and
2460	grandstand area, or 10 cents, whichever is greater, is imposed
2461	on each person attending a horserace, dograce, or jai alai game.
2462	The permitholder shall be responsible for collecting the
2463	admission tax.
2464	(b)  No Admission tax under this chapter or chapter 212 may
2465	not shall be imposed on any free passes or complimentary cards
2466	issued to persons for which there is no cost to the person for
2467	admission to pari-mutuel events.
2468	(c)  A permitholder may issue tax-free passes to its
2469	officers, officials, and employees or other persons actually
2470	engaged in working at the racetrack, including accredited press
2471	representatives such as reporters and editors, and may also
2472	issue tax-free passes to other permitholders for the use of
2473	their officers and officials. The permitholder shall file with
2474	the bureau division a list of all persons to whom tax-free
2475	passes are issued under this paragraph.
2476	(3)  TAX ON HANDLE.--Each permitholder shall pay a tax on
2477	contributions to pari-mutuel pools, the aggregate of which is
2478	hereinafter referred to as "handle," on races or games conducted
2479	by the permitholder. The tax is imposed daily and is based on
2480	the total contributions to all pari-mutuel pools conducted
2481	during the daily performance. If a permitholder conducts more
2482	than one performance daily, the tax is imposed on each
2483	performance separately.
2484	(c)1.  The tax on handle for intertrack wagering is 2.0
2485	percent of the handle if the host track is a horse track, 3.3
2486	percent if the host track is a harness track, 5.5 percent if the
2487	host track is a dog track, and 7.1 percent if the host track is
2488	a jai alai fronton. The tax on handle for intertrack wagering is
2489	0.5 percent if the host track and the guest track are
2490	thoroughbred permitholders or if the guest track is located
2491	outside the market area of the host track and within the market
2492	area of a thoroughbred permitholder currently conducting a live
2493	race meet. The tax on handle for intertrack wagering on
2494	rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
2495	of the handle and 1.5 percent of the handle for intertrack
2496	wagering on rebroadcasts of simulcast harness horseraces. The
2497	tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
2498	2.  The tax on handle for intertrack wagers accepted by any
2499	dog track located in an area of the state in which there are
2500	only three permitholders, all of which are greyhound
2501	permitholders, located in three contiguous counties, from any
2502	greyhound permitholder also located within such area or any dog
2503	track or jai alai fronton located as specified in s. 550.615(6)
2504	or (9), on races or games received from the same class of
2505	permitholder located within the same market area is 3.9 percent
2506	if the host facility is a greyhound permitholder and, if the
2507	host facility is a jai alai permitholder, the rate shall be 6.1
2508	percent except that it shall be 2.3 percent on handle at such
2509	time as the total tax on intertrack handle paid to the bureau
2510	division by the permitholder during the current state fiscal
2511	year exceeds the total tax on intertrack handle paid to the
2512	bureau division by the permitholder during the 1992-1993 state
2513	fiscal year.
2514	(5)  PAYMENT AND DISPOSITION OF FEES AND TAXES.--Payment
2515	for the admission tax, tax on handle, and the breaks tax imposed
2516	by this section shall be paid to the bureau division. The bureau
2517	division shall deposit these sums with the Chief Financial
2518	Officer, to the credit of the Pari-mutuel Wagering Trust Fund,
2519	hereby established. The permitholder shall remit to the bureau
2520	division payment for the daily license fee, the admission tax,
2521	the tax on handle, and the breaks tax. Such payments shall be
2522	remitted by 3 p.m. Wednesday of each week for taxes imposed and
2523	collected for the preceding week ending on Sunday. Permitholders
2524	shall file a report under oath by the 5th day of each calendar
2525	month for all taxes remitted during the preceding calendar
2526	month. Such payments shall be accompanied by a report under oath
2527	showing the total of all admissions, the pari-mutuel wagering
2528	activities for the preceding calendar month, and such other
2529	information as may be prescribed by the bureau division.
2530	(6)  PENALTIES.--
2531	(a)  The failure of any permitholder to make payments as
2532	prescribed in subsection (5) is a violation of this section, and
2533	the permitholder may be subjected by the bureau division to a
2534	civil penalty of up to $1,000 for each day the tax payment is
2535	not remitted. All penalties imposed and collected shall be
2536	deposited in the General Revenue Fund. If a permitholder fails
2537	to pay penalties imposed by order of the bureau division under
2538	this subsection, the bureau division may suspend or revoke the
2539	license of the permitholder, cancel the permit of the
2540	permitholder, or deny issuance of any further license or permit
2541	to the permitholder.
2542	(b)  In addition to the civil penalty prescribed in
2543	paragraph (a), any willful or wanton failure by any permitholder
2544	to make payments of the daily license fee, admission tax, tax on
2545	handle, or breaks tax constitutes sufficient grounds for the
2546	bureau division to suspend or revoke the license of the
2547	permitholder, to cancel the permit of the permitholder, or to
2548	deny issuance of any further license or permit to the
2549	permitholder.
2550	Section 46.  Subsections (2) and (3) of section 550.09511,
2551	Florida Statutes, are amended to read:
2552	550.09511  Jai alai taxes; abandoned interest in a permit
2553	for nonpayment of taxes.--
2554	(2)  Notwithstanding the provisions of s. 550.0951(3)(b),
2555	wagering on live jai alai performances shall be subject to the
2556	following taxes:
2557	(a)1.  The tax on handle per performance for live jai alai
2558	performances is 4.25 percent of handle per performance. However,
2559	when the live handle of a permitholder during the preceding
2560	state fiscal year was less than $15 million, the tax shall be
2561	paid on the handle in excess of $30,000 per performance per day.
2562	2.  The tax rate shall be applicable only until the
2563	requirements of paragraph (b) are met.
2564	(b)  At such time as the total of admissions tax, daily
2565	license fee, and tax on handle for live jai alai performances
2566	paid to the bureau division by a permitholder during the current
2567	state fiscal year exceeds the total state tax revenues from
2568	wagering on live jai alai performances paid or due by the
2569	permitholder in fiscal year 1991-1992, the permitholder shall
2570	pay tax on handle for live jai alai performances at a rate of
2571	2.55 percent of the handle per performance for the remainder of
2572	the current state fiscal year. For purposes of this section,
2573	total state tax revenues on live jai alai wagering in fiscal
2574	year 1991-1992 shall include any admissions tax, tax on handle,
2575	surtaxes on handle, and daily license fees.
2576	(c)  If no tax on handle for live jai alai performances was
2577	not were paid to the bureau division by a jai alai permitholder
2578	during the 1991-1992 state fiscal year, then at such time as the
2579	total of admissions tax, daily license fee, and tax on handle
2580	for live jai alai performances paid to the bureau division by a
2581	permitholder during the current state fiscal year exceeds the
2582	total state tax revenues from wagering on live jai alai
2583	performances paid or due by the permitholder in the last state
2584	fiscal year in which the permitholder conducted a full schedule
2585	of live games, the permitholder shall pay tax on handle for live
2586	jai alai performances at a rate of 3.3 percent of the handle per
2587	performance for the remainder of the current state fiscal year.
2588	For purposes of this section, total state tax revenues on live
2589	jai alai wagering shall include any admissions tax, tax on
2590	handle, surtaxes on handle, and daily license fees. This
2591	paragraph shall take effect July 1, 1993.
2592	(d)  A permitholder who obtains a new permit issued by the
2593	bureau division subsequent to the 1991-1992 state fiscal year
2594	and a permitholder whose permit has been converted to a jai alai
2595	permit under the provisions of this chapter, shall, at such time
2596	as the total of admissions tax, daily license fee, and tax on
2597	handle for live jai alai performances paid to the bureau
2598	division by the permitholder during the current state fiscal
2599	year exceeds the average total state tax revenues from wagering
2600	on live jai alai performances for the first 3 consecutive jai
2601	alai seasons paid to or due the bureau division by the
2602	permitholder and during which the permitholder conducted a full
2603	schedule of live games, pay tax on handle for live jai alai
2604	performances at a rate of 3.3 percent of the handle per
2605	performance for the remainder of the current state fiscal year.
2606	(e)  The payment of taxes pursuant to paragraphs (b), (c),
2607	and (d) shall be calculated and commence beginning the day after
2608	the biweekly period in which the permitholder is first entitled
2609	to the reduced rate specified in this section and the report of
2610	taxes required by s. 550.0951(5) is submitted to the bureau
2611	division.
2612	(f)  A jai alai permitholder paying taxes under this
2613	section shall retain the breaks and pay an amount equal to the
2614	breaks as special prize awards which shall be in addition to the
2615	regular contracted prize money paid to jai alai players at the
2616	permitholder's facility. Payment of the special prize money
2617	shall be made during the permitholder's current meet.
2618	(g)  For purposes of this section, "handle" has shall have
2619	the same meaning as in s. 550.0951, and does shall not include
2620	handle from intertrack wagering.
2621	(3)(a)  Notwithstanding the provisions of subsection (2)
2622	and s. 550.0951(3)(c)1., any jai alai permitholder which is
2623	restricted under Florida law from operating live performances on
2624	a year-round basis is entitled to conduct wagering on live
2625	performances at a tax rate of 3.85 percent of live handle. Such
2626	permitholder is also entitled to conduct intertrack wagering as
2627	a host permitholder on live jai alai games at its fronton at a
2628	tax rate of 3.3 percent of handle at such time as the total tax
2629	on intertrack handle paid to the bureau division by the
2630	permitholder during the current state fiscal year exceeds the
2631	total tax on intertrack handle paid to the bureau division by
2632	the permitholder during the 1992-1993 state fiscal year.
2633	(b)  The payment of taxes pursuant to paragraph (a) shall
2634	be calculated and commence beginning the day after the biweekly
2635	period in which the permitholder is first entitled to the
2636	reduced rate specified in this subsection.
2637	Section 47.  Paragraph (b) of subsection (3) of section
2638	550.09512, Florida Statutes, is amended to read:
2639	550.09512  Harness horse taxes; abandoned interest in a
2640	permit for nonpayment of taxes.--
2641	(3)
2642	(b)  In order to maximize the tax revenues to the state,
2643	the bureau division shall reissue an escheated harness horse
2644	permit to a qualified applicant pursuant to the provisions of
2645	this chapter as for the issuance of an initial permit. However,
2646	the provisions of this chapter relating to referendum
2647	requirements for a pari-mutuel permit do shall not apply to the
2648	reissuance of an escheated harness horse permit. As specified in
2649	the application and upon approval by the bureau division of an
2650	application for the permit, the new permitholder shall be
2651	authorized to operate a harness horse facility anywhere in the
2652	same county in which the escheated permit was authorized to be
2653	operated, notwithstanding the provisions of s. 550.054(2)
2654	relating to mileage limitations.
2655	Section 48.  Subsection (2) of section 550.09514, Florida
2656	Statutes, is amended to read:
2657	550.09514  Greyhound dogracing taxes; purse requirements.--
2658	(2)(a)  The bureau division shall determine for each
2659	greyhound permitholder the annual purse percentage rate of live
2660	handle for the state fiscal year 1993-1994 by dividing total
2661	purses paid on live handle by the permitholder, exclusive of
2662	payments made from outside sources, during the 1993-1994 state
2663	fiscal year by the permitholder's live handle for the 1993-1994
2664	state fiscal year. Each permitholder shall pay as purses for
2665	live races conducted during its current race meet a percentage
2666	of its live handle not less than the percentage determined under
2667	this paragraph, exclusive of payments made by outside sources,
2668	for its 1993-1994 state fiscal year.
2669	(b)  Except as otherwise set forth herein, in addition to
2670	the minimum purse percentage required by paragraph (a), each
2671	permitholder shall pay as purses an annual amount equal to 75
2672	percent of the daily license fees paid by each permitholder for
2673	the 1994-1995 fiscal year. This purse supplement shall be
2674	disbursed weekly during the permitholder's race meet in an
2675	amount determined by dividing the annual purse supplement by the
2676	number of performances approved for the permitholder pursuant to
2677	its annual license and multiplying that amount by the number of
2678	performances conducted each week. For the greyhound
2679	permitholders in the county where there are two greyhound
2680	permitholders located as specified in s. 550.615(6), such
2681	permitholders shall pay in the aggregate an amount equal to 75
2682	percent of the daily license fees paid by such permitholders for
2683	the 1994-1995 fiscal year. These permitholders shall be jointly
2684	and severally liable for such purse payments. The additional
2685	purses provided by this paragraph must be used exclusively for
2686	purses other than stakes. The bureau division shall conduct
2687	audits necessary to ensure compliance with this section.
2688	(c)1.  Each greyhound permitholder when conducting at least
2689	three live performances during any week shall pay purses in that
2690	week on wagers it accepts as a guest track on intertrack and
2691	simulcast greyhound races at the same rate as it pays on live
2692	races. Each greyhound permitholder when conducting at least
2693	three live performances during any week shall pay purses in that
2694	week, at the same rate as it pays on live races, on wagers
2695	accepted on greyhound races at a guest track which is not
2696	conducting live racing and is located within the same market
2697	area as the greyhound permitholder conducting at least three
2698	live performances during any week.
2699	2.  Each host greyhound permitholder shall pay purses on
2700	its simulcast and intertrack broadcasts of greyhound races to
2701	guest facilities that are located outside its market area in an
2702	amount equal to one quarter of an amount determined by
2703	subtracting the transmission costs of sending the simulcast or
2704	intertrack broadcasts from an amount determined by adding the
2705	fees received for greyhound simulcast races plus 3 percent of
2706	the greyhound intertrack handle at guest facilities that are
2707	located outside the market area of the host and that paid
2708	contractual fees to the host for such broadcasts of greyhound
2709	races.
2710	(d)  The bureau division shall require sufficient
2711	documentation from each greyhound permitholder regarding purses
2712	paid on live racing to assure that the annual purse percentage
2713	rates paid by each permitholder on the live races are not
2714	reduced below those paid during the 1993-1994 state fiscal year.
2715	The bureau division shall require sufficient documentation from
2716	each greyhound permitholder to assure that the purses paid by
2717	each permitholder on the greyhound intertrack and simulcast
2718	broadcasts are in compliance with the requirements of paragraph
2719	(c).
2720	(e)  In addition to the purse requirements of paragraphs
2721	(a)-(c), each greyhound permitholder shall pay as purses an
2722	amount equal to one-third of the amount of the tax reduction on
2723	live and simulcast handle applicable to such permitholder as a
2724	result of the reductions in tax rates provided by this act
2725	through the amendments to s. 550.0951(3). With respect to
2726	intertrack wagering when the host and guest tracks are greyhound
2727	permitholders not within the same market area, an amount equal
2728	to the tax reduction applicable to the guest track handle as a
2729	result of the reduction in tax rate provided by this act through
2730	the amendment to s. 550.0951(3) shall be distributed to the
2731	guest track, one-third of which amount shall be paid as purses
2732	at the guest track. However, if the guest track is a greyhound
2733	permitholder within the market area of the host or if the guest
2734	track is not a greyhound permitholder, an amount equal to such
2735	tax reduction applicable to the guest track handle shall be
2736	retained by the host track, one-third of which amount shall be
2737	paid as purses at the host track. These purse funds shall be
2738	disbursed in the week received if the permitholder conducts at
2739	least one live performance during that week. If the permitholder
2740	does not conduct at least one live performance during the week
2741	in which the purse funds are received, the purse funds shall be
2742	disbursed weekly during the permitholder's next race meet in an
2743	amount determined by dividing the purse amount by the number of
2744	performances approved for the permitholder pursuant to its
2745	annual license, and multiplying that amount by the number of
2746	performances conducted each week. The bureau division shall
2747	conduct audits necessary to ensure compliance with this
2748	paragraph.
2749	(f)  Each greyhound permitholder shall, during the
2750	permitholder's race meet, supply kennel operators and the Bureau
2751	Division of Pari-Mutuel Wagering with a weekly report showing
2752	purses paid on live greyhound races and all greyhound intertrack
2753	and simulcast broadcasts, including both as a guest and a host
2754	together with the handle or commission calculations on which
2755	such purses were paid and the transmission costs of sending the
2756	simulcast or intertrack broadcasts, so that the kennel operators
2757	may determine statutory and contractual compliance.
2758	(g)  Each greyhound permitholder shall make direct payment
2759	of purses to the greyhound owners who have filed with such
2760	permitholder appropriate federal taxpayer identification
2761	information based on the percentage amount agreed upon between
2762	the kennel operator and the greyhound owner.
2763	(h)  At the request of a majority of kennel operators under
2764	contract with a greyhound permitholder, the permitholder shall
2765	make deductions from purses paid to each kennel operator
2766	electing such deduction and shall make a direct payment of such
2767	deductions to the local association of greyhound kennel
2768	operators formed by a majority of kennel operators under
2769	contract with the permitholder. The amount of the deduction
2770	shall be at least 1 percent of purses, as determined by the
2771	local association of greyhound kennel operators. No deductions
2772	may be taken pursuant to this paragraph without a kennel
2773	operator's specific approval before or after the effective date
2774	of this act.
2775	Section 49.  Paragraph (b) of subsection (3) of section
2776	550.09515, Florida Statutes, is amended to read:
2777	550.09515  Thoroughbred horse taxes; abandoned interest in
2778	a permit for nonpayment of taxes.--
2779	(3)
2780	(b)  In order to maximize the tax revenues to the state,
2781	the bureau division shall reissue an escheated thoroughbred
2782	horse permit to a qualified applicant pursuant to the provisions
2783	of this chapter as for the issuance of an initial permit.
2784	However, the provisions of this chapter relating to referendum
2785	requirements for a pari-mutuel permit do shall not apply to the
2786	reissuance of an escheated thoroughbred horse permit. As
2787	specified in the application and upon approval by the bureau
2788	division of an application for the permit, the new permitholder
2789	shall be authorized to operate a thoroughbred horse facility
2790	anywhere in the same county in which the escheated permit was
2791	authorized to be operated, notwithstanding the provisions of s.
2792	550.054(2) relating to mileage limitations.
2793	Section 50.  Subsection (1), paragraph (b) of subsection
2794	(2), and subsections (5), (6), (7), (8), and (10) of section
2795	550.105, Florida Statutes, are amended to read:
2796	550.105  Occupational licenses of racetrack employees;
2797	fees; denial, suspension, and revocation of license; penalties
2798	and fines.--
2799	(1)  Each person connected with a racetrack or jai alai
2800	fronton, as specified in paragraph (2)(a), shall purchase from
2801	the bureau division an annual occupational license, which
2802	license is valid from May 1 until June 30 of the following year.
2803	All moneys collected pursuant to this section each fiscal year
2804	shall be deposited into the Pari-mutuel Wagering Trust Fund. Any
2805	person may, at her or his option and pursuant to the rules
2806	adopted by the bureau division, purchase an occupational license
2807	valid for a period of 3 years if the purchaser of the license
2808	pays the full occupational license fee for each of the years for
2809	which the license is purchased at the time the 3-year license is
2810	requested. The occupational license shall be valid during its
2811	specified term at any pari-mutuel facility.
2812	(2)
2813	(b)  The bureau division shall adopt rules pertaining to
2814	pari-mutuel occupational licenses.
2815	(5)(a)  The bureau division may:
2816	1.  Deny a license to or revoke, suspend, or place
2817	conditions upon or restrictions on a license of any person who
2818	has been refused a license by any other state racing commission
2819	or racing authority;
2820	2.  Deny, suspend, or place conditions on a license of any
2821	person who is under suspension or has unpaid fines in another
2822	jurisdiction;
2823
2824	if the state racing commission or racing authority of such other
2825	state or jurisdiction extends to the bureau division reciprocal
2826	courtesy to maintain the disciplinary control.
2827	(b)  The bureau division may deny, suspend, revoke, or
2828	declare ineligible any occupational license if the applicant for
2829	or holder thereof has violated the provisions of this chapter or
2830	the rules of the bureau division governing the conduct of
2831	persons connected with racetracks and frontons. In addition, the
2832	bureau division may deny, suspend, revoke, or declare ineligible
2833	any occupational license if the applicant for such license has
2834	been convicted in this state, in any other state, or under the
2835	laws of the United States of a capital felony, a felony, or an
2836	offense in any other state which would be a felony under the
2837	laws of this state involving arson; trafficking in, conspiracy
2838	to traffic in, smuggling, importing, conspiracy to smuggle or
2839	import, or delivery, sale, or distribution of a controlled
2840	substance; or a crime involving a lack of good moral character,
2841	or has had a pari-mutuel license revoked by this state or any
2842	other jurisdiction for an offense related to pari-mutuel
2843	wagering.
2844	(c)  The bureau division may deny, declare ineligible, or
2845	revoke any occupational license if the applicant for such
2846	license has been convicted of a felony or misdemeanor in this
2847	state, in any other state, or under the laws of the United
2848	States, if such felony or misdemeanor is related to gambling or
2849	bookmaking, as contemplated in s. 849.25, or involves cruelty to
2850	animals. If the applicant establishes that she or he is of good
2851	moral character, that she or he has been rehabilitated, and that
2852	the crime she or he was convicted of is not related to pari-
2853	mutuel wagering and is not a capital offense, the restrictions
2854	excluding offenders may be waived by the director of the bureau
2855	division.
2856	(d)  If an occupational license will expire by bureau
2857	division rule during the period of a suspension the bureau
2858	division intends to impose, or if a license would have expired
2859	but for pending administrative charges and the occupational
2860	licensee is found to be in violation of any of the charges, the
2861	license may be revoked and a time period of license
2862	ineligibility may be declared. The bureau division may bring
2863	administrative charges against any person not holding a current
2864	license for violations of statutes or rules which occurred while
2865	such person held an occupational license, and the bureau
2866	division may declare such person ineligible to hold a license
2867	for a period of time. The bureau division may impose a civil
2868	fine of up to $1,000 for each violation of the rules of the
2869	bureau division in addition to or in lieu of any other penalty
2870	provided for in this section. In addition to any other penalty
2871	provided by law, the bureau division may exclude from all pari-
2872	mutuel facilities in this state, for a period not to exceed the
2873	period of suspension, revocation, or ineligibility, any person
2874	whose occupational license application has been denied by the
2875	bureau division, who has been declared ineligible to hold an
2876	occupational license, or whose occupational license has been
2877	suspended or revoked by the bureau division.
2878	(e)  The bureau division may cancel any occupational
2879	license that has been voluntarily relinquished by the licensee.
2880	(6)  In order to promote the orderly presentation of pari-
2881	mutuel meets authorized in this chapter, the bureau division may
2882	issue a temporary occupational license. The bureau division
2883	shall adopt rules to implement this subsection. However, no
2884	temporary occupational license shall be valid for more than 30
2885	days, and no more than one temporary license may be issued for
2886	any person in any year.
2887	(7)  The bureau division may deny, revoke, or suspend any
2888	occupational license if the applicant therefor or holder thereof
2889	accumulates unpaid obligations or defaults in obligations, or
2890	issues drafts or checks that are dishonored or for which payment
2891	is refused without reasonable cause, if such unpaid obligations,
2892	defaults, or dishonored or refused drafts or checks directly
2893	relate to the sport of jai alai or racing being conducted at a
2894	pari-mutuel facility within this state.
2895	(8)  The bureau division may fine, or suspend or revoke, or
2896	place conditions upon, the license of any licensee who under
2897	oath knowingly provides false information regarding an
2898	investigation by the bureau division.
2899	(10)  Upon application for an occupational license, the
2900	bureau division may require the applicant's full legal name; any
2901	nickname, alias, or maiden name for the applicant; name of the
2902	applicant's spouse; the applicant's date of birth, residence
2903	address, mailing address, residence address and business phone
2904	number, and social security number; disclosure of any felony or
2905	any conviction involving bookmaking, illegal gambling, or
2906	cruelty to animals; disclosure of any past or present
2907	enforcement or actions by any racing or gaming agency against
2908	the applicant; and any information the bureau division
2909	determines is necessary to establish the identity of the
2910	applicant or to establish that the applicant is of good moral
2911	character. Fingerprints shall be taken in a manner approved by
2912	the bureau division and then shall be submitted to the Federal
2913	Bureau of Investigation, or to the association of state
2914	officials regulating pari-mutuel wagering pursuant to the
2915	Federal Pari-mutuel Licensing Simplification Act of 1988. The
2916	cost of processing fingerprints shall be borne by the applicant
2917	and paid to the association of state officials regulating pari-
2918	mutuel wagering from the trust fund to which the processing fees
2919	are deposited. The bureau division shall require each applicant
2920	for an occupational license to have the applicant's signature
2921	witnessed and notarized or signed in the presence of a division
2922	official. The bureau division, by rule, may require additional
2923	information from licensees which is reasonably necessary to
2924	regulate the industry. The bureau division may, by rule, exempt
2925	certain occupations or groups of persons from the fingerprinting
2926	requirements.
2927	Section 51.  Subsection (1) of section 550.1155, Florida
2928	Statutes, is amended to read:
2929	550.1155  Authority of stewards, judges, panel of judges,
2930	or player's manager to impose penalties against occupational
2931	licensees; disposition of funds collected.--
2932	(1)  The stewards at a horse racetrack; the judges at a dog
2933	track; or the judges, a panel of judges, or a player's manager
2934	at a jai alai fronton may impose a civil penalty against any
2935	occupational licensee for violation of the pari-mutuel laws or
2936	any rule adopted by the bureau division. The penalty may not
2937	exceed $1,000 for each count or separate offense or exceed 60
2938	days of suspension for each count or separate offense.
2939	Section 52.  Subsections (2) and (3) of section 550.125,
2940	Florida Statutes, are amended to read:
2941	550.125  Uniform reporting system; bond requirement.--
2942	(2)(a)  Each permitholder that conducts race meetings or
2943	jai alai exhibitions under this chapter shall keep records that
2944	clearly show the total number of admissions and the total amount
2945	of money contributed to each pari-mutuel pool on each race or
2946	exhibition separately and the amount of money received daily
2947	from admission fees and, within 120 days after the end of its
2948	fiscal year, shall submit to the bureau division a complete
2949	annual report of its accounts, audited by a certified public
2950	accountant licensed to practice in the state.
2951	(b)  The bureau division shall adopt rules specifying the
2952	form and content of such reports, including, but not limited to,
2953	requirements for a statement of assets and liabilities,
2954	operating revenues and expenses, and net worth, which statement
2955	must be audited by a certified public accountant licensed to
2956	practice in this state, and any supporting informational
2957	schedule found necessary by the bureau division to verify the
2958	foregoing financial statement, which informational schedule must
2959	be attested to under oath by the permitholder or an officer of
2960	record, to permit the bureau division to:
2961	1.  Assess the profitability and financial soundness of
2962	permitholders, both individually and as an industry;
2963	2.  Plan and recommend measures necessary to preserve and
2964	protect the pari-mutuel revenues of the state; and
2965	3.  Completely identify the holdings, transactions, and
2966	investments of permitholders with other business entities.
2967	(c)  The Auditor General and the Office of Program Policy
2968	Analysis and Government Accountability may, pursuant to their
2969	own authority or at the direction of the Legislative Auditing
2970	Committee, audit, examine, and check the books and records of
2971	any permitholder. These audit reports shall become part of, and
2972	be maintained in, the bureau division files.
2973	(d)  The bureau division shall annually review the books
2974	and records of each permitholder and verify that the breaks and
2975	unclaimed ticket payments made by each permitholder are true and
2976	correct.
2977	(3)(a)  Each permitholder to which a license is granted
2978	under this chapter, at its own cost and expense, must, before
2979	the license is delivered, give a bond in the penal sum of
2980	$50,000 payable to the Governor of the state and her or his
2981	successors in office, with a surety or sureties to be approved
2982	by the bureau division and the Chief Financial Officer,
2983	conditioned to faithfully make the payments to the Chief
2984	Financial Officer in her or his capacity as treasurer of the
2985	bureau division; to keep its books and records and make reports
2986	as provided; and to conduct its racing in conformity with this
2987	chapter. When the greatest amount of tax owed during any month
2988	in the prior state fiscal year, in which a full schedule of live
2989	racing was conducted, is less than $50,000, the bureau division
2990	may assess a bond in a sum less than $50,000. The bureau
2991	division may review the bond for adequacy and require
2992	adjustments each fiscal year. The bureau may division has the
2993	authority to adopt rules to implement this paragraph and
2994	establish guidelines for such bonds.
2995	(b)  The provisions of this chapter concerning bonding do
2996	not apply to nonwagering licenses issued pursuant to s. 550.505.
2997	Section 53.  Subsections (1) and (3) of section 550.135,
2998	Florida Statutes, are amended to read:
2999	550.135  Division of moneys derived under this law.--All
3000	moneys that are deposited with the Chief Financial Officer to
3001	the credit of the Pari-mutuel Wagering Trust Fund shall be
3002	distributed as follows:
3003	(1)  The daily license fee revenues collected pursuant to
3004	s. 550.0951(1) shall be used to fund the operating cost of the
3005	bureau division and to provide a proportionate share of the
3006	operation of the commission, the office of the bureau chief, the
3007	office of the division director, secretary and the Division of
3008	Gambling Oversight Administration of the Department of Business
3009	and Professional Regulation; however, other collections in the
3010	Pari-mutuel Wagering Trust Fund may also be used to fund the
3011	operation of the division in accordance with authorized
3012	appropriations.
3013	(3)  The slot machine license fee, the slot machine
3014	occupational license fee, and the compulsive or addictive
3015	gambling prevention program fee collected pursuant to ss.
3016	551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
3017	direct and indirect operating expenses of the Bureau of Slot
3018	Machines and the Bureau of Compulsive Gambling division's slot
3019	machine regulation operations and to provide funding for
3020	relevant enforcement activities in accordance with authorized
3021	appropriations. Funds deposited into the Pari-mutuel Wagering
3022	Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1., and 551.118
3023	shall be reserved in the trust fund for slot machine regulation
3024	operations within the Bureau of Slot Machines. On June 30, any
3025	unappropriated funds in excess of those necessary for incurred
3026	obligations and subsequent year cash flow for slot machine
3027	regulation operations shall be deposited with the Chief
3028	Financial Officer to the credit of the General Revenue Fund.
3029	Section 54.  Subsection (1) of section 550.155, Florida
3030	Statutes, is amended to read:
3031	550.155  Pari-mutuel pool within track enclosure; takeouts;
3032	breaks; penalty for purchasing part of a pari-mutuel pool for or
3033	through another in specified circumstances.--
3034	(1)  Wagering on the results of a horserace, dograce, or on
3035	the scores or points of a jai alai game and the sale of tickets
3036	or other evidences showing an interest in or a contribution to a
3037	pari-mutuel pool are allowed within the enclosure of any pari-
3038	mutuel facility licensed and conducted under this chapter but
3039	are not allowed elsewhere in this state, must be supervised by
3040	the bureau division, and are subject to such reasonable rules
3041	that the bureau division prescribes.
3042	Section 55.  Subsection (2) and paragraph (a) of subsection
3043	(3) of section 550.1648, Florida Statutes, are amended to read:
3044	550.1648  Greyhound adoptions.--
3045	(2)  In addition to the charity days authorized under s.
3046	550.0351, a greyhound permitholder may fund the greyhound
3047	adoption program by holding a charity racing day designated as
3048	"Greyhound Adopt-A-Pet Day." All profits derived from the
3049	operation of the charity day must be placed into a fund used to
3050	support activities at the racing facility which promote the
3051	adoption of greyhounds. The bureau division may adopt rules for
3052	administering the fund. Proceeds from the charity day authorized
3053	in this subsection may not be used as a source of funds for the
3054	purposes set forth in s. 550.1647.
3055	(3)(a)  Upon a violation of this section by a permitholder
3056	or licensee, the bureau division may impose a penalty as
3057	provided in s. 550.0251(10) and require the permitholder to take
3058	corrective action.
3059	Section 56.  Section 550.175, Florida Statutes, is amended
3060	to read:
3061	550.175  Petition for election to revoke permit.--Upon
3062	petition of 20 percent of the qualified electors of any county
3063	wherein any racing has been licensed and conducted under this
3064	chapter, the county commissioners of such county shall provide
3065	for the submission to the electors of such county at the then
3066	next succeeding general election the question of whether any
3067	permit or permits theretofore granted shall be continued or
3068	revoked, and if a majority of the electors voting on such
3069	question in such election vote to cancel or recall the permit
3070	theretofore given, the bureau division may not thereafter grant
3071	any license on the permit so recalled. Every signature upon
3072	every recall petition must be signed in the presence of the
3073	clerk of the board of county commissioners at the office of the
3074	clerk of the circuit court of the county, and the petitioner
3075	must present at the time of such signing her or his registration
3076	receipt showing the petitioner's qualification as an elector of
3077	the county at the time of the signing of the petition. Not more
3078	than one permit may be included in any one petition; and, in all
3079	elections in which the recall of more than one permit is voted
3080	on, the voters shall be given an opportunity to vote for or
3081	against the recall of each permit separately. Nothing in This
3082	chapter does not shall be construed to prevent the holding of
3083	later referendum or recall elections.
3084	Section 57.  Subsections (1), (3), and (5) of section
3085	550.1815, Florida Statutes, are amended to read:
3086	550.1815  Certain persons prohibited from holding racing or
3087	jai alai permits; suspension and revocation.--
3088	(1)  A corporation, general or limited partnership, sole
3089	proprietorship, business trust, joint venture, or unincorporated
3090	association, or other business entity may not hold any
3091	horseracing or dogracing permit or jai alai fronton permit in
3092	this state if any one of the persons or entities specified in
3093	paragraph (a) has been determined by the bureau division not to
3094	be of good moral character or has been convicted of any offense
3095	specified in paragraph (b).
3096	(a)1.  The permitholder;
3097	2.  An employee of the permitholder;
3098	3.  The sole proprietor of the permitholder;
3099	4.  A corporate officer or director of the permitholder;
3100	5.  A general partner of the permitholder;
3101	6.  A trustee of the permitholder;
3102	7.  A member of an unincorporated association permitholder;
3103	8.  A joint venturer of the permitholder;
3104	9.  The owner of more than 5 percent of any equity interest
3105	in the permitholder, whether as a common shareholder, general or
3106	limited partner, voting trustee, or trust beneficiary; or
3107	10.  An owner of any interest in the permit or
3108	permitholder, including any immediate family member of the
3109	owner, or holder of any debt, mortgage, contract, or concession
3110	from the permitholder, who by virtue thereof is able to control
3111	the business of the permitholder.
3112	(b)1.  A felony in this state;
3113	2.  Any felony in any other state which would be a felony
3114	if committed in this state under the laws of this state;
3115	3.  Any felony under the laws of the United States;
3116	4.  A felony under the laws of another state if related to
3117	gambling which would be a felony under the laws of this state if
3118	committed in this state; or
3119	5.  Bookmaking as defined in s. 849.25.
3120	(3)  After notice and hearing, the bureau division shall
3121	refuse to issue or renew or shall suspend, as appropriate, any
3122	permit found in violation of subsection (1). The order shall
3123	become effective 120 days after service of the order upon the
3124	permitholder and shall be amended to constitute a final order of
3125	revocation unless the permitholder has, within that period of
3126	time, either caused the divestiture, or agreed with the
3127	convicted person upon a complete immediate divestiture, of her
3128	or his holding, or has petitioned the circuit court as provided
3129	in subsection (4) or, in the case of corporate officers or
3130	directors of the holder or employees of the holder, has
3131	terminated the relationship between the permitholder and those
3132	persons mentioned. The bureau division may, by order, extend the
3133	120-day period for divestiture, upon good cause shown, to avoid
3134	interruption of any jai alai or race meeting or to otherwise
3135	effectuate this section. If no action has been taken by the
3136	permitholder within the 120-day period following the issuance of
3137	the order of suspension, the bureau division shall, without
3138	further notice or hearing, enter a final order of revocation of
3139	the permit. When any permitholder or sole proprietor of a
3140	permitholder is convicted of an offense specified in paragraph
3141	(1)(b), the bureau department may approve a transfer of the
3142	permit to a qualified applicant, upon a finding that revocation
3143	of the permit would impair the state's revenue from the
3144	operation of the permit or otherwise be detrimental to the
3145	interests of the state in the regulation of the industry of
3146	pari-mutuel wagering. In such approval, a no public referendum
3147	is not required, notwithstanding any other provision of law. A
3148	petition for transfer after conviction must be filed with the
3149	bureau department within 30 days after service upon the
3150	permitholder of the final order of revocation. The timely filing
3151	of such a petition automatically stays any revocation order
3152	until further order of the bureau department.
3153	(5)  The bureau division shall make such rules for the
3154	photographing, fingerprinting, and obtaining of personal data of
3155	individuals described in paragraph (1)(a) and the obtaining of
3156	such data regarding the business entities described in paragraph
3157	(1)(a) as is necessary to effectuate the provisions of this
3158	section.
3159	Section 58.  Section 550.24055, Florida Statutes, is
3160	amended to read:
3161	550.24055  Use of controlled substances or alcohol
3162	prohibited; testing of certain occupational licensees; penalty;
3163	evidence of test or action taken and admissibility for criminal
3164	prosecution limited.--
3165	(1)  The use of a controlled substance as defined in
3166	chapter 893 or of alcohol by any occupational licensees
3167	officiating at or participating in a race or jai alai game is
3168	prohibited.
3169	(2)  The occupational licensees, by applying for and
3170	holding such licenses, are deemed to have given their consents
3171	to submit to an approved chemical test of their breath for the
3172	purpose of determining the alcoholic content of their blood and
3173	to a urine or blood test for the purpose of detecting the
3174	presence of controlled substances. Such tests shall only be
3175	conducted upon reasonable cause that a violation has occurred as
3176	shall be determined solely by the stewards at a horseracing
3177	meeting or the judges or board of judges at a dogtrack or jai
3178	alai meet. The failure to submit to such test may result in a
3179	suspension of the person's occupational license for a period of
3180	10 days or until this section has been complied with, whichever
3181	is longer.
3182	(a)  If there was at the time of the test 0.05 percent or
3183	less by weight of alcohol in the person's blood, the person is
3184	presumed not to have been under the influence of alcoholic
3185	beverages to the extent that the person's normal faculties were
3186	impaired, and no action of any sort may be taken by the
3187	stewards, judges, or board of judges or the bureau division.
3188	(b)  If there was at the time of the test an excess of 0.05
3189	percent but less than 0.08 percent by weight of alcohol in the
3190	person's blood, that fact does not give rise to any presumption
3191	that the person was or was not under the influence of alcoholic
3192	beverages to the extent that the person's faculties were
3193	impaired, but the stewards, judges, or board of judges may
3194	consider that fact in determining whether or not the person will
3195	be allowed to officiate or participate in any given race or jai
3196	alai game.
3197	(c)  If there was at the time of the test 0.08 percent or
3198	more by weight of alcohol in the person's blood, that fact is
3199	prima facie evidence that the person was under the influence of
3200	alcoholic beverages to the extent that the person's normal
3201	faculties were impaired, and the stewards or judges may take
3202	action as set forth in this section, but the person may not
3203	officiate at or participate in any race or jai alai game on the
3204	day of such test.
3205
3206	All tests relating to alcohol must be performed in a manner
3207	substantially similar, or identical, to the provisions of s.
3208	316.1934 and rules adopted pursuant to that section. Following a
3209	test of the urine or blood to determine the presence of a
3210	controlled substance as defined in chapter 893, if a controlled
3211	substance is found to exist, the stewards, judges, or board of
3212	judges may take such action as is permitted in this section.
3213	(3)  A violation of subsection (2) is subject to the
3214	following penalties:
3215	(a)  For the first violation, the stewards, judges, or
3216	board of judges may suspend a licensee for up to 10 days or in
3217	the alternative may impose a civil fine of up to $500 in lieu of
3218	a suspension.
3219	(b)  For a second violation within 1 year after the first
3220	violation the stewards, judges, or board of judges may suspend a
3221	licensee for up to 30 days and in addition to or in lieu of
3222	suspension may impose a civil fine of up to $2,000.
3223
3224	In lieu of or in addition to the foregoing penalties, the
3225	stewards, judges, or board of judges may require the licensee to
3226	participate in a drug or alcohol rehabilitation program and to
3227	be retested.
3228	(c)  If the second violation occurred within 1 year after
3229	the first violation, then upon the finding of a third violation
3230	of this section within 1 year after the second violation, the
3231	stewards, judges, or board of judges may suspend the licensee
3232	for up to 120 days; and the stewards, judges, or board of judges
3233	shall forward the results of the tests under paragraphs (a) and
3234	(b) and this violation to the bureau division. In addition to
3235	the action taken by the stewards, judges, or board of judges,
3236	the bureau division, after a hearing, may deny, suspend, or
3237	revoke the occupational license of the licensee and may impose a
3238	civil penalty of up to $5,000 in addition to, or in lieu of, a
3239	suspension or revocation, it being the intent of the Legislature
3240	that the bureau division shall have no authority over the
3241	enforcement of this section until a licensee has committed the
3242	third violation within 2 years after the first violation.
3243	(4)  Section 120.80(18) applies The provisions of  s.
3244	120.80(4)(a) apply to all actions taken by the stewards, judges,
3245	or board of judges pursuant to this section without regard to
3246	the limitation contained therein.
3247	(5)  This section does not apply to the possession and use
3248	of controlled or chemical substances that are prescribed as part
3249	of the care and treatment of a disease or injury by a
3250	practitioner licensed under chapter 458, chapter 459, part I of
3251	chapter 464, or chapter 466.
3252	(6)  Evidence of any test or actions taken by the stewards,
3253	judges, or board of judges or the bureau division under this
3254	section is inadmissible for any purpose in any court for
3255	criminal prosecution, it being the intent of the Legislature to
3256	provide a method and means by which the health, safety, and
3257	welfare of those officiating at or participating in a race meet
3258	or a jai alai game are sufficiently protected. However, this
3259	subsection does not prohibit any person so authorized from
3260	pursuing an independent investigation as a result of a ruling
3261	made by the stewards, judges, or board of judges, or the bureau
3262	division.
3263	Section 59.  Section 550.2415, Florida Statutes, is amended
3264	to read:
3265	550.2415  Racing of animals under certain conditions
3266	prohibited; penalties; exceptions.--
3267	(1)(a)  The racing of an animal with any drug, medication,
3268	stimulant, depressant, hypnotic, narcotic, local anesthetic, or
3269	drug-masking agent is prohibited. It is a violation of this
3270	section for a person to administer or cause to be administered
3271	any drug, medication, stimulant, depressant, hypnotic, narcotic,
3272	local anesthetic, or drug-masking agent to an animal which will
3273	result in a positive test for such substance based on samples
3274	taken from the animal immediately prior to or immediately after
3275	the racing of that animal. Test results and the identities of
3276	the animals being tested and of their trainers and owners of
3277	record are confidential and exempt from s. 119.07(1) and from s.
3278	24(a), Art. I of the State Constitution for 10 days after
3279	testing of all samples collected on a particular day has been
3280	completed and any positive test results derived from such
3281	samples have been reported to the director of the bureau
3282	division or administrative action has been commenced.
3283	(b)  It is a violation of this section for a race-day
3284	specimen to contain a level of a naturally occurring substance
3285	which exceeds normal physiological concentrations. The bureau
3286	division may adopt rules that specify normal physiological
3287	concentrations of naturally occurring substances in the natural
3288	untreated animal and rules that specify acceptable levels of
3289	environmental contaminants and trace levels of substances in
3290	test samples.
3291	(c)  The finding of a prohibited substance in a race-day
3292	specimen constitutes prima facie evidence that the substance was
3293	administered and was carried in the body of the animal while
3294	participating in the race.
3295	(2)  Administrative action may be taken by the bureau
3296	division against an occupational licensee responsible pursuant
3297	to rule of the bureau division for the condition of an animal
3298	that has been impermissibly medicated or drugged in violation of
3299	this section.
3300	(3)(a)  Upon the finding of a violation of this section,
3301	the bureau division may revoke or suspend the license or permit
3302	of the violator or deny a license or permit to the violator;
3303	impose a fine against the violator in an amount not exceeding
3304	$5,000; require the full or partial return of the purse,
3305	sweepstakes, and trophy of the race at issue; or impose against
3306	the violator any combination of such penalties. The finding of a
3307	violation of this section in no way prohibits a prosecution for
3308	criminal acts committed.
3309	(b)  The bureau division, notwithstanding the provisions of
3310	chapter 120, may summarily suspend the license of an
3311	occupational licensee responsible under this section or bureau
3312	division rule for the condition of a race animal if the bureau
3313	division laboratory reports the presence of an impermissible
3314	substance in the animal or its blood, urine, saliva, or any
3315	other bodily fluid, either before a race in which the animal is
3316	entered or after a race the animal has run.
3317	(c)  If an occupational licensee is summarily suspended
3318	under this section, the bureau division shall offer the licensee
3319	a prompt postsuspension hearing within 72 hours, at which the
3320	bureau division shall produce the laboratory report and
3321	documentation which, on its face, establishes the responsibility
3322	of the occupational licensee. Upon production of the
3323	documentation, the occupational licensee has the burden of
3324	proving his or her lack of responsibility.
3325	(d)  Any proceeding for administrative action against a
3326	licensee or permittee, other than a proceeding under paragraph
3327	(c), shall be conducted in compliance with chapter 120.
3328	(4)  A prosecution pursuant to this section for a violation
3329	of this section must be commenced within 2 years after the
3330	violation was committed. Service of an administrative complaint
3331	marks the commencement of administrative action.
3332	(5)  The bureau division shall implement a split-sample
3333	procedure for testing animals under this section.
3334	(a)  Upon finding a positive drug test result, the
3335	department shall notify the owner or trainer of the results. The
3336	owner may request that each urine and blood sample be split into
3337	a primary sample and a secondary (split) sample. Such splitting
3338	must be accomplished in the laboratory under rules approved by
3339	the bureau division. Custody of both samples must remain with
3340	the bureau division. However, upon request by the affected
3341	trainer or owner of the animal from which the sample was
3342	obtained, the bureau division shall send the split sample to an
3343	approved independent laboratory for analysis. The bureau
3344	division shall establish standards and rules for uniform
3345	enforcement and shall maintain a list of at least five approved
3346	independent laboratories for an owner or trainer to select from
3347	in the event of a positive test sample.
3348	(b)  If the state laboratory's findings are not confirmed
3349	by the independent laboratory, no further administrative or
3350	disciplinary action under this section may be pursued. The
3351	bureau division may adopt rules identifying substances that
3352	diminish in a blood or urine sample due to passage of time and
3353	that must be taken into account in applying this section.
3354	(c)  If the independent laboratory confirms the state
3355	laboratory's positive result, or if there is an insufficient
3356	quantity of the secondary (split) sample for confirmation of the
3357	state laboratory's positive result, the bureau division may
3358	commence administrative proceedings as prescribed in this
3359	chapter and consistent with chapter 120. For purposes of this
3360	subsection, the department shall in good faith attempt to obtain
3361	a sufficient quantity of the test fluid to allow both a primary
3362	test and a secondary test to be made.
3363	(6)(a)  It is the intent of the Legislature that animals
3364	that participate in races in this state on which pari-mutuel
3365	wagering is conducted and animals that are bred and trained in
3366	this state for racing be treated humanely, both on and off
3367	racetracks, throughout the lives of the animals.
3368	(b)  The bureau division shall, by rule, establish the
3369	procedures for euthanizing greyhounds. However, a greyhound may
3370	not be put to death by any means other than by lethal injection
3371	of the drug sodium pentobarbital. A greyhound may not be removed
3372	from this state for the purpose of being destroyed.
3373	(c)  It is a violation of this chapter for an occupational
3374	licensee to train a greyhound using live or dead animals. A
3375	greyhound may not be taken from this state for the purpose of
3376	being trained through the use of live or dead animals.
3377	(d)  A conviction of cruelty to animals pursuant to s.
3378	828.12 involving a racing animal constitutes a violation of this
3379	chapter.
3380	(7)  All moneys recovered for violations of this section
3381	shall be kept in a separate fund to be deposited into the Pari-
3382	mutuel Wagering Trust Fund and shall be used for research
3383	relating to the medication of racing animals. Such recovered
3384	moneys shall be supervised and used by the bureau division to
3385	contract with a reputable college or school of veterinary
3386	medicine or its designee in accordance with this subsection.
3387	(8)  Under no circumstances may any medication be
3388	administered closer than 24 hours prior to the officially
3389	scheduled post time of a race except as provided for in this
3390	section.
3391	(a)  The bureau division shall adopt rules setting
3392	conditions for the use of furosemide to treat exercise-induced
3393	pulmonary hemorrhage.
3394	(b)  The bureau division shall adopt rules setting
3395	conditions for the use of prednisolone sodium succinate, but
3396	under no circumstances may furosemide or prednisolone sodium
3397	succinate be administered closer than 4 hours prior to the
3398	officially scheduled post time for the race.
3399	(c)  The bureau division shall adopt rules setting
3400	conditions for the use of phenylbutazone and synthetic
3401	corticosteroids; in no case, except as provided in paragraph
3402	(b), shall these substances be given closer than 24 hours prior
3403	to the officially scheduled post time of a race. Oral
3404	corticosteroids are prohibited except when prescribed by a
3405	licensed veterinarian and reported to the bureau division on
3406	forms prescribed by the bureau division.
3407	(d)  Nothing in This section does not shall be interpreted
3408	to prohibit the use of vitamins, minerals, or naturally
3409	occurring substances so long as none exceeds the normal
3410	physiological concentration in a race day specimen.
3411	(e)  The bureau division may, by rule, establish acceptable
3412	levels of permitted medications and shall select the appropriate
3413	biological specimens by which the administration of permitted
3414	medication is monitored.
3415	(9)(a)  Under no circumstances may any medication be
3416	administered within 24 hours before the officially scheduled
3417	post time of the race except as provided in this section.
3418	(b)  As an exception to this section, if the bureau
3419	division first determines that the use of furosemide,
3420	phenylbutazone, or prednisolone sodium succinate in horses is in
3421	the best interest of racing, the bureau division may adopt rules
3422	allowing such use. Any rules allowing the use of furosemide,
3423	phenylbutazone, or prednisolone sodium succinate in racing must
3424	set the conditions for such use. Under no circumstances may a
3425	rule be adopted which allows the administration of furosemide or
3426	prednisolone sodium succinate within 4 hours before the
3427	officially scheduled post time for the race. Under no
3428	circumstances may a rule be adopted which allows the
3429	administration of phenylbutazone or any other synthetic
3430	corticosteroid within 24 hours before the officially scheduled
3431	post time for the race. Any administration of synthetic
3432	corticosteroids is limited to parenteral routes. Oral
3433	administration of synthetic corticosteroids is expressly
3434	prohibited. If this paragraph is unconstitutional, it is
3435	severable from the remainder of this section.
3436	(c)  The bureau division shall, by rule, establish
3437	acceptable levels of permitted medications and shall select the
3438	appropriate biological specimen by which the administration of
3439	permitted medications is monitored.
3440	(10)(a)  The bureau division may conduct a postmortem
3441	examination of any animal that is injured at a permitted
3442	racetrack while in training or in competition and that
3443	subsequently expires or is destroyed. The bureau division may
3444	conduct a postmortem examination of any animal that expires
3445	while housed at a permitted racetrack, association compound, or
3446	licensed kennel or farm. Trainers and owners shall be requested
3447	to comply with this paragraph as a condition of licensure.
3448	(b)  The bureau division may take possession of the animal
3449	upon death for postmortem examination. The bureau division may
3450	submit blood, urine, other bodily fluid specimens, or other
3451	tissue specimens collected during a postmortem examination for
3452	testing by the bureau division laboratory or its designee. Upon
3453	completion of the postmortem examination, the carcass must be
3454	returned to the owner or disposed of at the owner's option.
3455	(11)  The presence of a prohibited substance in an animal,
3456	found by the bureau division laboratory in a bodily fluid
3457	specimen collected during the postmortem examination of the
3458	animal, which breaks down during a race constitutes a violation
3459	of this section.
3460	(12)  The cost of postmortem examinations, testing, and
3461	disposal must be borne by the bureau division.
3462	(13)  The bureau division shall adopt rules to implement
3463	this section. The rules may include a classification system for
3464	prohibited substances and a corresponding penalty schedule for
3465	violations.
3466	(14)  Except as specifically modified by statute or by
3467	rules of the bureau division, the Uniform Classification
3468	Guidelines for Foreign Substances, revised February 14, 1995, as
3469	promulgated by the Association of Racing Commissioners
3470	International, Inc., is hereby adopted by reference as the
3471	uniform classification system for class IV and V medications.
3472	(15)  The bureau division shall utilize only the thin layer
3473	chromatography (TLC) screening process to test for the presence
3474	of class IV and V medications in samples taken from racehorses
3475	except when thresholds of a class IV or class V medication have
3476	been established and are enforced by rule. Once a sample has
3477	been identified as suspicious for a class IV or class V
3478	medication by the TLC screening process, the sample will be sent
3479	for confirmation by and through additional testing methods. All
3480	other medications not classified by rule as a class IV or class
3481	V agent shall be subject to all forms of testing available to
3482	the bureau division.
3483	(16)  The bureau division shall implement by rule
3484	medication levels finalized by the University of Florida
3485	developed pursuant to the Pharmacokinetic and Clearance Study
3486	Agreement by and between the Bureau of Florida Department of
3487	Business and Professional Regulation division of Pari-mutuel
3488	Wagering within the Division of Gambling Oversight of the
3489	Department of Gaming Control and the University of Florida
3490	College of Veterinary Medicine. Research on a drug level is
3491	finalized when the University of Florida College of Veterinary
3492	Medicine provides written notification to the bureau division
3493	that it has completed its research on a particular drug pursuant
3494	to the agreement and when the College of Veterinary Medicine
3495	provides a final report of its findings, conclusions, and
3496	recommendations to the bureau division.
3497	(17)  The testing medium for phenylbutazone in horses shall
3498	be serum, and the bureau division may collect up to six full 15-
3499	milliliter blood tubes for each horse being sampled.
3500	Section 60.  Subsection (4) of section 550.2614, Florida
3501	Statutes, is amended to read:
3502	550.2614  Distribution of certain funds to a horsemen's
3503	association.--
3504	(4)  The bureau division shall adopt rules to facilitate
3505	the orderly transfer of funds in accordance with this section.
3506	The bureau division shall also monitor the membership rolls of
3507	the horsemen's association to ensure that complete, accurate,
3508	and timely listings are maintained for the purposes specified in
3509	this section.
3510	Section 61.  Subsection (3) of section 550.26165, Florida
3511	Statutes, is amended to read:
3512	550.26165  Breeders' awards.--
3513	(3)  Breeders' associations shall submit their plans to the
3514	bureau division at least 60 days before the beginning of the
3515	payment year. The payment year may be a calendar year or any 12-
3516	month period, but once established, the yearly base may not be
3517	changed except for compelling reasons. Once a plan is approved,
3518	the bureau division may not allow the plan to be amended during
3519	the year, except for the most compelling reasons.
3520	Section 62.  Paragraphs (b) and (d) of subsection (2), and
3521	subsections (3), (4), (5), (7), and (8) of section 550.2625,
3522	Florida Statutes, are amended to read:
3523	550.2625  Horseracing; minimum purse requirement, Florida
3524	breeders' and owners' awards.--
3525	(2)  Each permitholder conducting a horserace meet is
3526	required to pay from the takeout withheld on pari-mutuel pools a
3527	sum for purses in accordance with the type of race performed.
3528	(b)1.  A permitholder conducting a harness horse race meet
3529	under this chapter must pay to the purse pool from the takeout
3530	withheld a purse requirement that totals an amount not less than
3531	8.25 percent of all contributions to pari-mutuel pools conducted
3532	during the race meet. An amount not less than 7.75 percent of
3533	the total handle shall be paid from this purse pool as purses.
3534	2.  An amount not to exceed 0.5 percent of the total handle
3535	on all harness horse races that are subject to the purse
3536	requirement of subparagraph 1., must be available for use to
3537	provide medical, dental, surgical, life, funeral, or disability
3538	insurance benefits for occupational licensees who work at tracks
3539	in this state at which harness horse races are conducted. Such
3540	insurance benefits must be paid from the purse pool specified in
3541	subparagraph 1. An annual plan for payment of insurance benefits
3542	from the purse pool, including qualifications for eligibility,
3543	must be submitted by the Florida Standardbred Breeders and
3544	Owners Association for approval to the bureau division. An
3545	annual report of the implemented plan shall be submitted to the
3546	bureau division. All records of the Florida Standardbred
3547	Breeders and Owners Association concerning the administration of
3548	the plan must be available for audit at the discretion of the
3549	bureau division to determine that the plan has been implemented
3550	and administered as authorized. If the bureau division finds
3551	that the Florida Standardbred Breeders and Owners Association
3552	has not complied with the provisions of this section, the bureau
3553	division may order the association to cease and desist from
3554	administering the plan and shall appoint the bureau division as
3555	temporary administrator of the plan until the bureau division
3556	reestablishes administration of the plan with the association.
3557	(d)  The bureau division shall adopt reasonable rules to
3558	ensure the timely and accurate payment of all amounts withheld
3559	by horserace permitholders regarding the distribution of purses,
3560	owners' awards, and other amounts collected for payment to
3561	owners and breeders. Each permitholder that fails to pay out all
3562	moneys collected for payment to owners and breeders shall,
3563	within 10 days after the end of the meet during which the
3564	permitholder underpaid purses, deposit an amount equal to the
3565	underpayment into a separate interest-bearing account to be
3566	distributed to owners and breeders in accordance with bureau
3567	division rules.
3568	(3)  Each horseracing permitholder conducting any
3569	thoroughbred race under this chapter, including any intertrack
3570	race taken pursuant to ss. 550.615-550.6305 or any interstate
3571	simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
3572	to 0.955 percent on all pari-mutuel pools conducted during any
3573	such race for the payment of breeders', stallion, or special
3574	racing awards as authorized in this chapter. This subsection
3575	also applies to all Breeder's Cup races conducted outside this
3576	state taken pursuant to s. 550.3551(3). On any race originating
3577	live in this state which is broadcast out-of-state to any
3578	location at which wagers are accepted pursuant to s.
3579	550.3551(2), the host track is required to pay 3.475 percent of
3580	the gross revenue derived from such out-of-state broadcasts as
3581	breeders', stallion, or special racing awards. The Florida
3582	Thoroughbred Breeders' Association may is authorized to receive
3583	these payments from the permitholders and make payments of
3584	awards earned. The Florida Thoroughbred Breeders' Association
3585	has the right to withhold up to 10 percent of the permitholder's
3586	payments under this section as a fee for administering the
3587	payments of awards and for general promotion of the industry.
3588	The permitholder shall remit these payments to the Florida
3589	Thoroughbred Breeders' Association by the 5th day of each
3590	calendar month for such sums accruing during the preceding
3591	calendar month and shall report such payments to the bureau
3592	division as prescribed by the bureau division. With the
3593	exception of the 10-percent fee, the moneys paid by the
3594	permitholders shall be maintained in a separate, interest-
3595	bearing account, and such payments together with any interest
3596	earned shall be used exclusively for the payment of breeders',
3597	stallion, or special racing awards in accordance with the
3598	following provisions:
3599	(a)  The breeder of each Florida-bred thoroughbred horse
3600	winning a thoroughbred horse race is entitled to an award of up
3601	to, but not exceeding, 20 percent of the announced gross purse,
3602	including nomination fees, eligibility fees, starting fees,
3603	supplementary fees, and moneys added by the sponsor of the race.
3604	(b)  The owner or owners of the sire of a Florida-bred
3605	thoroughbred horse that wins a stakes race is entitled to a
3606	stallion award of up to, but not exceeding, 20 percent of the
3607	announced gross purse, including nomination fees, eligibility
3608	fees, starting fees, supplementary fees, and moneys added by the
3609	sponsor of the race.
3610	(c)  The owners of thoroughbred horses participating in
3611	thoroughbred stakes races, nonstakes races, or both may receive
3612	a special racing award in accordance with the agreement
3613	established pursuant to s. 550.26165(1).
3614	(d)  In order for a breeder of a Florida-bred thoroughbred
3615	horse to be eligible to receive a breeder's award, the horse
3616	must have been registered as a Florida-bred horse with the
3617	Florida Thoroughbred Breeders' Association, and the Jockey Club
3618	certificate for the horse must show that it has been duly
3619	registered as a Florida-bred horse as evidenced by the seal and
3620	proper serial number of the Florida Thoroughbred Breeders'
3621	Association registry. The Florida Thoroughbred Breeders'
3622	Association shall be permitted to charge the registrant a
3623	reasonable fee for this verification and registration.
3624	(e)  In order for an owner of the sire of a thoroughbred
3625	horse winning a stakes race to be eligible to receive a stallion
3626	award, the stallion must have been registered with the Florida
3627	Thoroughbred Breeders' Association, and the breeding of the
3628	registered Florida-bred horse must have occurred in this state.
3629	The stallion must be standing permanently in this state during
3630	the period of time between February 1 and June 15 of each year
3631	or, if the stallion is dead, must have stood permanently in this
3632	state for a period of not less than 1 year immediately prior to
3633	its death. The removal of a stallion from this state during the
3634	period of time between February 1 and June 15 of any year for
3635	any reason, other than exclusively for prescribed medical
3636	treatment, as approved by the Florida Thoroughbred Breeders'
3637	Association, renders the owner or owners of the stallion
3638	ineligible to receive a stallion award under any circumstances
3639	for offspring sired prior to removal; however, if a removed
3640	stallion is returned to this state, all offspring sired
3641	subsequent to the return make the owner or owners of the
3642	stallion eligible for the stallion award but only for those
3643	offspring sired subsequent to such return to this state. The
3644	Florida Thoroughbred Breeders' Association shall maintain
3645	complete records showing the date the stallion arrived in this
3646	state for the first time, whether or not the stallion remained
3647	in the state permanently, the location of the stallion, and
3648	whether the stallion is still standing in this state and
3649	complete records showing awards earned, received, and
3650	distributed. The association may charge the owner, owners, or
3651	breeder a reasonable fee for this service.
3652	(f)  A permitholder conducting a thoroughbred horse race
3653	under the provisions of this chapter shall, within 30 days after
3654	the end of the race meet during which the race is conducted,
3655	certify to the Florida Thoroughbred Breeders' Association such
3656	information relating to the thoroughbred horses winning a stakes
3657	or other horserace at the meet as may be required to determine
3658	the eligibility for payment of breeders', stallion, and special
3659	racing awards.
3660	(g)  The Florida Thoroughbred Breeders' Association shall
3661	maintain complete records showing the starters and winners in
3662	all races conducted at thoroughbred tracks in this state; shall
3663	maintain complete records showing awards earned, received, and
3664	distributed; and may charge the owner, owners, or breeder a
3665	reasonable fee for this service.
3666	(h)  The Florida Thoroughbred Breeders' Association shall
3667	annually establish a uniform rate and procedure for the payment
3668	of breeders' and stallion awards and shall make breeders' and
3669	stallion award payments in strict compliance with the
3670	established uniform rate and procedure plan. The plan may set a
3671	cap on winnings and may limit, exclude, or defer payments to
3672	certain classes of races, such as the Florida stallion stakes
3673	races, in order to assure that there are adequate revenues to
3674	meet the proposed uniform rate. Such plan must include proposals
3675	for the general promotion of the industry. Priority shall be
3676	placed upon imposing such restrictions in lieu of allowing the
3677	uniform rate to be less than 15 percent of the total purse
3678	payment. The uniform rate and procedure plan must be approved by
3679	the bureau division before implementation. In the absence of an
3680	approved plan and procedure, the authorized rate for breeders'
3681	and stallion awards is 15 percent of the announced gross purse
3682	for each race. Such purse must include nomination fees,
3683	eligibility fees, starting fees, supplementary fees, and moneys
3684	added by the sponsor of the race. If the funds in the account
3685	for payment of breeders' and stallion awards are not sufficient
3686	to meet all earned breeders' and stallion awards, those breeders
3687	and stallion owners not receiving payments have first call on
3688	any subsequent receipts in that or any subsequent year.
3689	(i)  The Florida Thoroughbred Breeders' Association shall
3690	keep accurate records showing receipts and disbursements of such
3691	payments and shall annually file a full and complete report to
3692	the bureau division showing such receipts and disbursements and
3693	the sums withheld for administration. The bureau division may
3694	audit the records and accounts of the Florida Thoroughbred
3695	Breeders' Association to determine that payments have been made
3696	to eligible breeders and stallion owners in accordance with this
3697	section.
3698	(j)  If the bureau division finds that the Florida
3699	Thoroughbred Breeders' Association has not complied with any
3700	provision of this section, the bureau division may order the
3701	association to cease and desist from receiving funds and
3702	administering funds received under this section. If the bureau
3703	division enters such an order, the permitholder shall make the
3704	payments authorized in this section to the bureau division for
3705	deposit into the Pari-mutuel Wagering Trust Fund; and any funds
3706	in the Florida Thoroughbred Breeders' Association account shall
3707	be immediately paid to the Bureau division of Pari-mutuel
3708	Wagering for deposit to the Pari-mutuel Wagering Trust Fund. The
3709	bureau division shall authorize payment from these funds to any
3710	breeder or stallion owner entitled to an award that has not been
3711	previously paid by the Florida Thoroughbred Breeders'
3712	Association in accordance with the applicable rate.
3713	(4)  Each permitholder conducting a harness horse race
3714	under this chapter shall pay a sum equal to the breaks on all
3715	pari-mutuel pools conducted during that race for the payment of
3716	breeders' awards, stallion awards, and stallion stakes and for
3717	additional expenditures as authorized in this section. The
3718	Florida Standardbred Breeders and Owners Association may is
3719	authorized to receive these payments from the permitholders and
3720	make payments as authorized in this subsection. The Florida
3721	Standardbred Breeders and Owners Association has the right to
3722	withhold up to 10 percent of the permitholder's payments under
3723	this section and under s. 550.2633 as a fee for administering
3724	these payments. The permitholder shall remit these payments to
3725	the Florida Standardbred Breeders and Owners Association by the
3726	5th day of each calendar month for such sums accruing during the
3727	preceding calendar month and shall report such payments to the
3728	bureau division as prescribed by the bureau division. With the
3729	exception of the 10-percent fee for administering the payments
3730	and the use of the moneys authorized by paragraph (j), the
3731	moneys paid by the permitholders shall be maintained in a
3732	separate, interest-bearing account; and such payments together
3733	with any interest earned shall be allocated for the payment of
3734	breeders' awards, stallion awards, stallion stakes, additional
3735	purses, and prizes for, and the general promotion of owning and
3736	breeding of, Florida-bred standardbred horses. Payment of
3737	breeders' awards and stallion awards shall be made in accordance
3738	with the following provisions:
3739	(a)  The breeder of each Florida-bred standardbred horse
3740	winning a harness horse race is entitled to an award of up to,
3741	but not exceeding, 20 percent of the announced gross purse,
3742	including nomination fees, eligibility fees, starting fees,
3743	supplementary fees, and moneys added by the sponsor of the race.
3744	(b)  The owner or owners of the sire of a Florida-bred
3745	standardbred horse that wins a stakes race is entitled to a
3746	stallion award of up to, but not exceeding, 20 percent of the
3747	announced gross purse, including nomination fees, eligibility
3748	fees, starting fees, supplementary fees, and moneys added by the
3749	sponsor of the race.
3750	(c)  In order for a breeder of a Florida-bred standardbred
3751	horse to be eligible to receive a breeder's award, the horse
3752	winning the race must have been registered as a Florida-bred
3753	horse with the Florida Standardbred Breeders and Owners
3754	Association and a registration certificate under seal for the
3755	winning horse must show that the winner has been duly registered
3756	as a Florida-bred horse as evidenced by the seal and proper
3757	serial number of the United States Trotting Association
3758	registry. The Florida Standardbred Breeders and Owners
3759	Association shall be permitted to charge the registrant a
3760	reasonable fee for this verification and registration.
3761	(d)  In order for an owner of the sire of a standardbred
3762	horse winning a stakes race to be eligible to receive a stallion
3763	award, the stallion must have been registered with the Florida
3764	Standardbred Breeders and Owners Association, and the breeding
3765	of the registered Florida-bred horse must have occurred in this
3766	state. The stallion must be standing permanently in this state
3767	or, if the stallion is dead, must have stood permanently in this
3768	state for a period of not less than 1 year immediately prior to
3769	its death. The removal of a stallion from this state for any
3770	reason, other than exclusively for prescribed medical treatment,
3771	renders the owner or the owners of the stallion ineligible to
3772	receive a stallion award under any circumstances for offspring
3773	sired prior to removal; however, if a removed stallion is
3774	returned to this state, all offspring sired subsequent to the
3775	return make the owner or owners of the stallion eligible for the
3776	stallion award but only for those offspring sired subsequent to
3777	such return to this state. The Florida Standardbred Breeders and
3778	Owners Association shall maintain complete records showing the
3779	date the stallion arrived in this state for the first time,
3780	whether or not the stallion remained in the state permanently,
3781	the location of the stallion, and whether the stallion is still
3782	standing in this state and complete records showing awards
3783	earned, received, and distributed. The association may charge
3784	the owner, owners, or breeder a reasonable fee for this service.
3785	(e)  A permitholder conducting a harness horse race under
3786	this chapter shall, within 30 days after the end of the race
3787	meet during which the race is conducted, certify to the Florida
3788	Standardbred Breeders and Owners Association such information
3789	relating to the horse winning a stakes or other horserace at the
3790	meet as may be required to determine the eligibility for payment
3791	of breeders' awards and stallion awards.
3792	(f)  The Florida Standardbred Breeders and Owners
3793	Association shall maintain complete records showing the starters
3794	and winners in all races conducted at harness horse racetracks
3795	in this state; shall maintain complete records showing awards
3796	earned, received, and distributed; and may charge the owner,
3797	owners, or breeder a reasonable fee for this service.
3798	(g)  The Florida Standardbred Breeders and Owners
3799	Association shall annually establish a uniform rate and
3800	procedure for the payment of breeders' awards, stallion awards,
3801	stallion stakes, additional purses, and prizes for, and for the
3802	general promotion of owning and breeding of, Florida-bred
3803	standardbred horses and shall make award payments and
3804	allocations in strict compliance with the established uniform
3805	rate and procedure. The plan may set a cap on winnings, and may
3806	limit, exclude, or defer payments to certain classes of races,
3807	such as the Florida Breeders' stakes races, in order to assure
3808	that there are adequate revenues to meet the proposed uniform
3809	rate. Priority shall be placed on imposing such restrictions in
3810	lieu of allowing the uniform rate allocated to payment of
3811	breeder and stallion awards to be less than 10 percent of the
3812	total purse payment. The uniform rate and procedure must be
3813	approved by the bureau division before implementation. In the
3814	absence of an approved plan and procedure, the authorized rate
3815	for breeders' and stallion awards is 10 percent of the announced
3816	gross purse for each race. Such purse must include nomination
3817	fees, eligibility fees, starting fees, supplementary fees, and
3818	moneys added by the sponsor of the race. If the funds in the
3819	account for payment of breeders' and stallion awards are not
3820	sufficient to meet all earned breeders' and stallion awards,
3821	those breeders and stallion owners not receiving payments have
3822	first call on any subsequent receipts in that or any subsequent
3823	year.
3824	(h)  The Florida Standardbred Breeders and Owners
3825	Association shall keep accurate records showing receipts and
3826	disbursements of such payments and shall annually file a full
3827	and complete report to the bureau division showing such receipts
3828	and disbursements and the sums withheld for administration. The
3829	bureau division may audit the records and accounts of the
3830	Florida Standardbred Breeders and Owners Association to
3831	determine that payments have been made to eligible breeders,
3832	stallion owners, and owners of Florida-bred standardbred horses
3833	in accordance with this section.
3834	(i)  If the bureau division finds that the Florida
3835	Standardbred Breeders and Owners Association has not complied
3836	with any provision of this section, the bureau division may
3837	order the association to cease and desist from receiving funds
3838	and administering funds received under this section and under s.
3839	550.2633. If the bureau division enters such an order, the
3840	permitholder shall make the payments authorized in this section
3841	and s. 550.2633 to the bureau division for deposit into the
3842	Pari-mutuel Wagering Trust Fund; and any funds in the Florida
3843	Standardbred Breeders and Owners Association account shall be
3844	immediately paid to the bureau division for deposit to the Pari-
3845	mutuel Wagering Trust Fund. The bureau division shall authorize
3846	payment from these funds to any breeder, stallion owner, or
3847	owner of a Florida-bred standardbred horse entitled to an award
3848	that has not been previously paid by the Florida Standardbred
3849	Breeders and Owners Association in accordance with the
3850	applicable rate.
3851	(j)  The board of directors of the Florida Standardbred
3852	Breeders and Owners Association may authorize the release of up
3853	to 25 percent of the funds available for breeders' awards,
3854	stallion awards, stallion stakes, additional purses, and prizes
3855	for, and for the general promotion of owning and breeding of,
3856	Florida-bred standardbred horses to be used for purses for, and
3857	promotion of, Florida-bred standardbred horses at race meetings
3858	at which there is no pari-mutuel wagering unless, and to the
3859	extent that, such release would render the funds available for
3860	such awards insufficient to pay the breeders' and stallion
3861	awards earned pursuant to the annual plan of the association.
3862	Any such funds so released and used for purses are not
3863	considered to be an "announced gross purse" as that term is used
3864	in paragraphs (a) and (b), and no breeders' or stallion awards,
3865	stallion stakes, or owner awards are required to be paid for
3866	standardbred horses winning races in meetings at which there is
3867	no pari-mutuel wagering. The amount of purses to be paid from
3868	funds so released and the meets eligible to receive such funds
3869	for purses must be approved by the board of directors of the
3870	Florida Standardbred Breeders and Owners Association.
3871	(5)(a)  Except as provided in subsections (7) and (8), each
3872	permitholder conducting a quarter horse race meet under this
3873	chapter shall pay a sum equal to the breaks plus a sum equal to
3874	1 percent of all pari-mutuel pools conducted during that race
3875	for supplementing and augmenting purses and prizes and for the
3876	general promotion of owning and breeding of racing quarter
3877	horses in this state as authorized in this section. The Florida
3878	Quarter Horse Breeders and Owners Association may is authorized
3879	to receive these payments from the permitholders and make
3880	payments as authorized in this subsection. The Florida Quarter
3881	Horse Breeders and Owners Association, Inc., referred to in this
3882	chapter as the Florida Quarter Horse Breeders and Owners
3883	Association, has the right to withhold up to 10 percent of the
3884	permitholder's payments under this section and under s. 550.2633
3885	as a fee for administering these payments. The permitholder
3886	shall remit these payments to the Florida Quarter Horse Breeders
3887	and Owners Association by the 5th day of each calendar month for
3888	such sums accruing during the preceding calendar month and shall
3889	report such payments to the bureau division as prescribed by the
3890	bureau division. With the exception of the 5-percent fee for
3891	administering the payments, the moneys paid by the permitholders
3892	shall be maintained in a separate, interest-bearing account.
3893	(b)  The Florida Quarter Horse Breeders and Owners
3894	Association shall use these funds solely for supplementing and
3895	augmenting purses and prizes and for the general promotion of
3896	owning and breeding of racing quarter horses in this state and
3897	for general administration of the Florida Quarter Horse Breeders
3898	and Owners Association, Inc., in this state.
3899	(c)  In order for an owner or breeder of a Florida-bred
3900	quarter horse to be eligible to receive an award, the horse
3901	winning a race must have been registered as a Florida-bred horse
3902	with the Florida Quarter Horse Breeders and Owners Association
3903	and a registration certificate under seal for the winning horse
3904	must show that the winning horse has been duly registered prior
3905	to the race as a Florida-bred horse as evidenced by the seal and
3906	proper serial number of the Florida Quarter Horse Breeders and
3907	Owners Association registry. The Department of Agriculture and
3908	Consumer Services may is authorized to assist the association in
3909	maintaining this registry. The Florida Quarter Horse Breeders
3910	and Owners Association may charge the registrant a reasonable
3911	fee for this verification and registration. Any person who
3912	registers unqualified horses or misrepresents information in any
3913	way shall be denied any future participation in breeders'
3914	awards, and all horses misrepresented will no longer be deemed
3915	to be Florida-bred.
3916	(d)  A permitholder conducting a quarter horse race under a
3917	quarter horse permit under this chapter shall, within 30 days
3918	after the end of the race meet during which the race is
3919	conducted, certify to the Florida Quarter Horse Breeders and
3920	Owners Association such information relating to the horse
3921	winning a stakes or other horserace at the meet as may be
3922	required to determine the eligibility for payment of breeders'
3923	awards under this section.
3924	(e)  The Florida Quarter Horse Breeders and Owners
3925	Association shall maintain complete records showing the starters
3926	and winners in all quarter horse races conducted under quarter
3927	horse permits in this state; shall maintain complete records
3928	showing awards earned, received, and distributed; and may charge
3929	the owner, owners, or breeder a reasonable fee for this service.
3930	(f)  The Florida Quarter Horse Breeders and Owners
3931	Association shall keep accurate records showing receipts and
3932	disbursements of payments made under this section and shall
3933	annually file a full and complete report to the bureau division
3934	showing such receipts and disbursements and the sums withheld
3935	for administration. The bureau division may audit the records
3936	and accounts of the Florida Quarter Horse Breeders and Owners
3937	Association to determine that payments have been made in
3938	accordance with this section.
3939	(g)  The Florida Quarter Horse Breeders and Owners
3940	Association shall annually establish a plan for supplementing
3941	and augmenting purses and prizes and for the general promotion
3942	of owning and breeding Florida-bred racing quarter horses and
3943	shall make award payments and allocations in strict compliance
3944	with the annual plan. The annual plan must be approved by the
3945	bureau division before implementation. If the funds in the
3946	account for payment of purses and prizes are not sufficient to
3947	meet all purses and prizes to be awarded, those breeders and
3948	owners not receiving payments have first call on any subsequent
3949	receipts in that or any subsequent year.
3950	(h)  If the bureau division finds that the Florida Quarter
3951	Horse Breeders and Owners Association has not complied with any
3952	provision of this section, the bureau division may order the
3953	association to cease and desist from receiving funds and
3954	administering funds received under this section and s. 550.2633.
3955	If the bureau division enters such an order, the permitholder
3956	shall make the payments authorized in this section and s.
3957	550.2633 to the bureau division for deposit into the Pari-mutuel
3958	Wagering Trust Fund, and any funds in the Florida Quarter Horse
3959	Breeders and Owners Association account shall be immediately
3960	paid to the bureau division for deposit to the Pari-mutuel
3961	Wagering Trust Fund. The bureau division shall authorize payment
3962	from these funds to any breeder or owner of a quarter horse
3963	entitled to an award that has not been previously paid by the
3964	Florida Quarter Horse Breeders and Owners Association in
3965	accordance with this section.
3966	(7)(a)  Each permitholder that conducts race meets under
3967	this chapter and runs Appaloosa races shall pay to the bureau
3968	division a sum equal to the breaks plus a sum equal to 1 percent
3969	of the total contributions to each pari-mutuel pool conducted on
3970	each Appaloosa race. The payments shall be remitted to the
3971	bureau division by the 5th day of each calendar month for sums
3972	accruing during the preceding calendar month.
3973	(b)  The bureau division shall deposit these collections to
3974	the credit of the General Inspection Trust Fund in a special
3975	account to be known as the "Florida Appaloosa Racing Promotion
3976	Account." The Department of Agriculture and Consumer Services
3977	shall administer the funds and adopt suitable and reasonable
3978	rules for the administration thereof. The moneys in the Florida
3979	Appaloosa Racing Promotion Account shall be allocated solely for
3980	supplementing and augmenting purses and prizes and for the
3981	general promotion of owning and breeding of racing Appaloosas in
3982	this state; and the moneys may not be used to defray any expense
3983	of the Department of Agriculture and Consumer Services in the
3984	administration of this chapter.
3985	(8)(a)  Each permitholder that conducts race meets under
3986	this chapter and runs Arabian horse races shall pay to the
3987	bureau division a sum equal to the breaks plus a sum equal to 1
3988	percent of the total contributions to each pari-mutuel pool
3989	conducted on each Arabian horse race. The payments shall be
3990	remitted to the bureau division by the 5th day of each calendar
3991	month for sums accruing during the preceding calendar month.
3992	(b)  The bureau division shall deposit these collections to
3993	the credit of the General Inspection Trust Fund in a special
3994	account to be known as the "Florida Arabian Horse Racing
3995	Promotion Account." The Department of Agriculture and Consumer
3996	Services shall administer the funds and adopt suitable and
3997	reasonable rules for the administration thereof. The moneys in
3998	the Florida Arabian Horse Racing Promotion Account shall be
3999	allocated solely for supplementing and augmenting purses and
4000	prizes and for the general promotion of owning and breeding of
4001	racing Arabian horses in this state; and the moneys may not be
4002	used to defray any expense of the Department of Agriculture and
4003	Consumer Services in the administration of this chapter, except
4004	that the moneys generated by Arabian horse registration fees
4005	received pursuant to s. 570.382 may be used as provided in
4006	paragraph (5)(b) of that section.
4007	Section 63.  Section 550.26352, Florida Statutes, is
4008	amended to read:
4009	550.26352  Breeders' Cup Meet; pools authorized; conflicts;
4010	taxes; credits; transmission of races; rules; application.--
4011	(1)  Notwithstanding any provision of this chapter to the
4012	contrary, there is hereby created a special thoroughbred race
4013	meet which shall be designated as the "Breeders' Cup Meet." The
4014	Breeders' Cup Meet shall be conducted at the facility of the
4015	Florida permitholder selected by Breeders' Cup Limited to
4016	conduct the Breeders' Cup Meet. The Breeders' Cup Meet shall
4017	consist of 3 days: the day on which the Breeders' Cup races are
4018	conducted, the preceding day, and the subsequent day. Upon the
4019	selection of the Florida permitholder as host for the Breeders'
4020	Cup Meet and application by the selected permitholder, the
4021	bureau division shall issue a license to the selected
4022	permitholder to operate the Breeders' Cup Meet. Notwithstanding
4023	s. 550.09515(2)(a), the Breeders' Cup Meet may be conducted on
4024	dates which the selected permitholder is not otherwise
4025	authorized to conduct a race meet.
4026	(2)  The permitholder conducting the Breeders' Cup Meet is
4027	specifically authorized to create pari-mutuel pools during the
4028	Breeders' Cup Meet by accepting pari-mutuel wagers on the
4029	thoroughbred horse races run during said meet.
4030	(3)  If the permitholder conducting the Breeders' Cup Meet
4031	is located within 35 miles of one or more permitholders
4032	scheduled to conduct a thoroughbred race meet on any of the 3
4033	days of the Breeders' Cup Meet, then operation on any of those 3
4034	days by the other permitholders is prohibited. As compensation
4035	for the loss of racing days caused thereby, such operating
4036	permitholders shall receive a credit against the taxes otherwise
4037	due and payable to the state under ss. 550.0951 and 550.09515.
4038	This credit shall be in an amount equal to the operating loss
4039	determined to have been suffered by the operating permitholders
4040	as a result of not operating on the prohibited racing days, but
4041	shall not exceed a total of $950,000. The determination of the
4042	amount to be credited shall be made by the bureau division upon
4043	application by the operating permitholder. The tax credits
4044	provided in this subsection shall not be available unless an
4045	operating permitholder is required to close a bona fide meet
4046	consisting in part of no fewer than 10 scheduled performances in
4047	the 15 days immediately preceding or 10 scheduled performances
4048	in the 15 days immediately following the Breeders' Cup Meet.
4049	Such tax credit shall be in lieu of any other compensation or
4050	consideration for the loss of racing days. There shall be no
4051	replacement or makeup of any lost racing days.
4052	(4)  Notwithstanding any provision of ss. 550.0951 and
4053	550.09515, the permitholder conducting the Breeders' Cup Meet
4054	shall pay no taxes on the handle included within the pari-mutuel
4055	pools of said permitholder during the Breeders' Cup Meet.
4056	(5)  The permitholder conducting the Breeders' Cup Meet
4057	shall receive a credit against the taxes otherwise due and
4058	payable to the state under ss. 550.0951 and 550.09515 generated
4059	during said permitholder's next ensuing regular thoroughbred
4060	race meet. This credit shall be in an amount not to exceed
4061	$950,000 and shall be utilized by the permitholder to pay the
4062	purses offered by the permitholder during the Breeders' Cup Meet
4063	in excess of the purses which the permitholder is otherwise
4064	required by law to pay. The amount to be credited shall be
4065	determined by the bureau division upon application of the
4066	permitholder which is subject to audit by the bureau division.
4067	(6)  The permitholder conducting the Breeders' Cup Meet
4068	shall receive a credit against the taxes otherwise due and
4069	payable to the state under ss. 550.0951 and 550.09515 generated
4070	during said permitholder's next ensuing regular thoroughbred
4071	race meet. This credit shall be in an amount not to exceed
4072	$950,000 and shall be utilized by the permitholder for such
4073	capital improvements and extraordinary expenses as may be
4074	necessary for operation of the Breeders' Cup Meet. The amount to
4075	be credited shall be determined by the bureau division upon
4076	application of the permitholder which is subject to audit by the
4077	bureau division.
4078	(7)  The permitholder conducting the Breeders' Cup Meet
4079	shall be exempt from the payment of purses and other payments to
4080	horsemen on all on-track, intertrack, interstate, and
4081	international wagers or rights fees or payments arising
4082	therefrom for all races for which the purse is paid or supplied
4083	by Breeders' Cup Limited. The permitholder conducting the
4084	Breeders' Cup Meet shall not, however, be exempt from breeders'
4085	awards payments for on-track and intertrack wagers as provided
4086	in ss. 550.2625(3) and 550.625(2)(a) for races in which the
4087	purse is paid or supplied by Breeders' Cup Limited.
4088	(8)(a)  Pursuant to s. 550.3551(2), the permitholder
4089	conducting the Breeders' Cup Meet may is authorized to transmit
4090	broadcasts of the races conducted during the Breeders' Cup Meet
4091	to locations outside of this state for wagering purposes. The
4092	bureau division may approve broadcasts to pari-mutuel
4093	permitholders and other betting systems authorized under the
4094	laws of any other state or country. Wagers accepted by any out-
4095	of-state pari-mutuel permitholder or betting system on any races
4096	broadcast under this section may be, but are not required to be,
4097	commingled with the pari-mutuel pools of the permitholder
4098	conducting the Breeders' Cup Meet. The calculation of any payoff
4099	on national pari-mutuel pools with commingled wagers may be
4100	performed by the permitholder's totalisator contractor at a
4101	location outside of this state. Pool amounts from wagers placed
4102	at pari-mutuel facilities or other betting systems in foreign
4103	countries before being commingled with the pari-mutuel pool of
4104	the Florida permitholder conducting the Breeders' Cup Meet shall
4105	be calculated by the totalisator contractor and transferred to
4106	the commingled pool in United States currency in cycles
4107	customarily used by the permitholder. Pool amounts from wagers
4108	placed at any foreign pari-mutuel facility or other betting
4109	system shall not be commingled with a Florida pool until a
4110	determination is made by the bureau division that the technology
4111	utilized by the totalisator contractor is adequate to assure
4112	commingled pools will result in the calculation of accurate
4113	payoffs to Florida bettors. Any totalisator contractor at a
4114	location outside of this state shall comply with the provisions
4115	of s. 550.495 relating to totalisator licensing.
4116	(b)  The permitholder conducting the Breeders' Cup Meet may
4117	is authorized to transmit broadcasts of the races conducted
4118	during the Breeders' Cup Meet to other pari-mutuel facilities
4119	located in this state for wagering purposes; however, the
4120	permitholder conducting the Breeders' Cup Meet shall not be
4121	required to transmit broadcasts to any pari-mutuel facility
4122	located within 25 miles of the facility at which the Breeders'
4123	Cup Meet is conducted.
4124	(9)  The exemption from the tax credits provided in
4125	subsections (5) and (6) shall not be granted and shall not be
4126	claimed by the permitholder until an audit is completed by the
4127	bureau division. The bureau division is required to complete the
4128	audit within 30 days of receipt of the necessary documentation
4129	from the permitholder to verify the permitholder's claim for tax
4130	credits. If the documentation submitted by the permitholder is
4131	incomplete or is insufficient to document the permitholder's
4132	claim for tax credits, the bureau division may request such
4133	additional documentation as is necessary to complete the audit.
4134	Upon receipt of the bureau division's written request for
4135	additional documentation, the 30-day time limitation will
4136	commence anew.
4137	(10)  The bureau may division is authorized to adopt such
4138	rules as are necessary to facilitate the conduct of the
4139	Breeders' Cup Meet as authorized in this section. Included
4140	within this grant of authority shall be the adoption or waiver
4141	of rules regarding the overall conduct of racing during the
4142	Breeders' Cup Meet so as to ensure the integrity of the races,
4143	licensing for all participants, special stabling and training
4144	requirements for foreign horses, commingling of pari-mutuel
4145	pools, and audit requirements for tax credits and other
4146	benefits.
4147	(11)  Any dispute between the bureau division and any
4148	permitholder regarding the tax credits authorized under
4149	subsection (3), subsection (5), or subsection (6) shall be
4150	determined by a hearing officer of the Division of
4151	Administrative Hearings under the provisions of s. 120.57(1).
4152	(12)  The provisions of this section shall prevail over any
4153	conflicting provisions of this chapter.
4154	Section 64.  Subsections (1), (5), (6), and (8) of section
4155	550.2704, Florida Statutes, are amended to read:
4156	550.2704  Jai Alai Tournament of Champions Meet.--
4157	(1)  Notwithstanding any provision of this chapter, there
4158	is hereby created a special jai alai meet which shall be
4159	designated as the "Jai Alai Tournament of Champions Meet" and
4160	which shall be hosted by the Florida jai alai permitholders
4161	selected by the National Association of Jai Alai Frontons, Inc.,
4162	to conduct such meet. The meet shall consist of three qualifying
4163	performances and a final performance, each of which is to be
4164	conducted on different days. Upon the selection of the Florida
4165	permitholders for the meet, and upon application by the selected
4166	permitholders, the Bureau division of Pari-mutuel Wagering shall
4167	issue a license to each of the selected permitholders to operate
4168	the meet. The meet may be conducted during a season in which the
4169	permitholders selected to conduct the meet are not otherwise
4170	authorized to conduct a meet. Notwithstanding anything herein to
4171	the contrary, any Florida permitholder who is to conduct a
4172	performance which is a part of the Jai Alai Tournament of
4173	Champions Meet shall not be required to apply for the license
4174	for said meet if it is to be run during the regular season for
4175	which such permitholder has a license.
4176	(5)  In addition to the credit authorized in subsection
4177	(4), the Jai Alai Tournament of Champions Meet permitholders
4178	shall receive a credit against the taxes, otherwise due and
4179	payable under s. 550.0951 or s. 550.09511, generated during said
4180	permitholders' current regular meet, in an amount not to exceed
4181	the aggregate amount of $150,000, which shall be prorated
4182	equally between the permitholders, and shall be utilized by the
4183	permitholders for such capital improvements and extraordinary
4184	expenses, including marketing expenses, as may be necessary for
4185	the operation of the meet. The determination of the amount to be
4186	credited shall be made by the bureau division upon application
4187	of said permitholders.
4188	(6)  The permitholder shall be entitled to said
4189	permitholder's pro rata share of the $150,000 tax credit
4190	provided in subsection (5) without having to make application,
4191	so long as appropriate documentation to substantiate said
4192	expenditures thereunder is provided to the bureau division
4193	within 30 days following said Jai Alai Tournament of Champions
4194	Meet.
4195	(8)  The bureau may division is authorized to adopt such
4196	rules as are necessary to facilitate the conduct of the Jai Alai
4197	Tournament of Champions Meet as authorized in this section.
4198	Included within this grant of authority shall be the adoption of
4199	rules regarding the overall conduct of the tournament so as to
4200	ensure the integrity of the event, licensing for participants,
4201	commingling of pari-mutuel pools, and audit requirements for tax
4202	credits and exemptions.
4203	Section 65.  Subsections (1), (2), (5), and paragraph (a)
4204	of subsection (7) of section 550.334, Florida Statutes, are
4205	amended to read:
4206	550.334  Quarter horse racing; substitutions.--
4207	(1)  Subject to all the applicable provisions of this
4208	chapter, any person who possesses the qualifications prescribed
4209	in this chapter may apply to the bureau division for a permit to
4210	conduct quarter horse race meetings and racing under this
4211	chapter. The applicant must demonstrate that the location or
4212	locations where the permit will be used are available for such
4213	use and that she or he has the financial ability to satisfy the
4214	reasonably anticipated operational expenses of the first racing
4215	year following final issuance of the permit. If the racing
4216	facility is already built, the application must contain a
4217	statement, with reasonable supporting evidence, that the permit
4218	will be used for quarter horse racing within 1 year after the
4219	date on which it is granted; if the facility is not already
4220	built, the application must contain a statement, with reasonable
4221	supporting evidence, that substantial construction will be
4222	started within 1 year after the issuance of the permit. After
4223	receipt of an application, the bureau division shall convene to
4224	consider and act upon permits applied for. The bureau division
4225	shall disapprove an application if it fails to meet the
4226	requirements of this chapter. Upon each application filed and
4227	approved, a permit shall be issued setting forth the name of the
4228	applicant and a statement showing qualifications of the
4229	applicant to conduct racing under this chapter. If a favorable
4230	referendum on a pari-mutuel facility has not been held
4231	previously within the county, then, before a quarter horse
4232	permit may be issued by the bureau division, a referendum
4233	ratified by a majority of the electors in the county is required
4234	on the question of allowing quarter horse races within that
4235	county.
4236	(2)  After a quarter horse racing permit has been granted
4237	by the bureau division, the department shall grant to the lawful
4238	holder of such permit, subject to the conditions of this
4239	section, a license to conduct quarter horse racing under this
4240	chapter; and the bureau division shall fix annually the time
4241	when, place where, and number of days upon which racing may be
4242	conducted by such quarter horse racing permitholder. After the
4243	first license has been issued to the holder of a permit for
4244	quarter horse racing, all subsequent annual applications for a
4245	license by a permitholder must be accompanied by proof, in such
4246	form as the bureau division requires, that the permitholder
4247	still possesses all the qualifications prescribed by this
4248	chapter. The bureau division may revoke any permit or license
4249	issued under this section upon the willful violation by the
4250	licensee of any provision of this chapter or any rule adopted by
4251	the bureau division under this chapter. The bureau division
4252	shall revoke any quarter horse permit under which no live racing
4253	has ever been conducted before July 7, 1990, for failure to
4254	conduct a horse meet pursuant to the license issued where a full
4255	schedule of horseracing has not been conducted for a period of
4256	18 months commencing on October 1, 1990, unless the permitholder
4257	has commenced construction on a facility at which a full
4258	schedule of live racing could be conducted as approved by the
4259	bureau division. "Commenced construction" means initiation of
4260	and continuous activities beyond site preparation associated
4261	with erecting or modifying a horseracing facility, including
4262	procurement of a building permit applying the use of approved
4263	construction documents, proof of an executed owner/contractor
4264	agreement or an irrevocable or binding forced account, and
4265	actual undertaking of foundation forming with steel installation
4266	and concrete placing. The 18-month period shall be extended by
4267	the bureau division, to the extent that the applicant
4268	demonstrates to the satisfaction of the bureau division that
4269	good faith commencement of the construction of the facility is
4270	being delayed by litigation or by governmental action or
4271	inaction with respect to regulations or permitting precluding
4272	commencement of the construction of the facility.
4273	(5)  Quarter horses participating in such races must be
4274	duly registered by the American Quarter Horse Association, and
4275	before each race such horses must be examined and declared in
4276	fit condition by a qualified person designated by the bureau
4277	division.
4278	(7)(a)  Any quarter horse racing permitholder operating
4279	under a valid permit issued by the bureau may division is
4280	authorized to substitute races of other breeds of horses, except
4281	thoroughbreds, which are, respectively, registered with the
4282	American Paint Horse Association, Appaloosa Horse Club, Arabian
4283	Horse Registry of America, Palomino Horse Breeders of America,
4284	or United States Trotting Association, for no more than 50
4285	percent of the quarter horse races daily, and may substitute
4286	races of thoroughbreds registered with the Jockey Club for no
4287	more than 50 percent of the quarter horse races daily with the
4288	written consent of all greyhound, harness, and thoroughbred
4289	permitholders whose pari-mutuel facilities are located within 50
4290	air miles of such quarter horse racing permitholder's pari-
4291	mutuel facility.
4292	Section 66.  Section 550.3355, Florida Statutes, is amended
4293	to read:
4294	550.3355  Harness track licenses for summer quarter horse
4295	racing.--Any harness track licensed to operate under the
4296	provisions of s. 550.375 may make application for, and shall be
4297	issued by the bureau division, a license to operate not more
4298	than 50 quarter horse racing days during the summer season,
4299	which shall extend from June 1 until September 1 of each year.
4300	However, this license to operate quarter horse racing for 50
4301	days is in addition to the racing days and dates provided in s.
4302	550.375 for harness racing during the winter seasons; and, it
4303	does not affect the right of such licensee to operate harness
4304	racing at the track as provided in s. 550.375 during the winter
4305	season. All provisions of this chapter governing quarter horse
4306	racing not in conflict herewith apply to the operation of
4307	quarter horse meetings authorized hereunder, except that all
4308	quarter horse racing permitted hereunder shall be conducted at
4309	night.
4310	Section 67.  Paragraph (a) of subsection (6) and
4311	subsections (10) and (13) of section 550.3551, Florida Statutes,
4312	are amended to read:
4313	550.3551  Transmission of racing and jai alai information;
4314	commingling of pari-mutuel pools.--
4315	(6)(a)  A maximum of 20 percent of the total number of
4316	races on which wagers are accepted by a greyhound permitholder
4317	not located as specified in s. 550.615(6) may be received from
4318	locations outside this state. A permitholder may not conduct
4319	fewer than eight live races or games on any authorized race day
4320	except as provided in this subsection. A thoroughbred
4321	permitholder may not conduct fewer than eight live races on any
4322	race day without the written approval of the Florida
4323	Thoroughbred Breeders' Association and the Florida Horsemen's
4324	Benevolent and Protective Association, Inc., unless it is
4325	determined by the department that another entity represents a
4326	majority of the thoroughbred racehorse owners and trainers in
4327	the state. A harness permitholder may conduct fewer than eight
4328	live races on any authorized race day, except that such
4329	permitholder must conduct a full schedule of live racing during
4330	its race meet consisting of at least eight live races per
4331	authorized race day for at least 100 days. Any harness horse
4332	permitholder that during the preceding racing season conducted a
4333	full schedule of live racing may, at any time during its current
4334	race meet, receive full-card broadcasts of harness horse races
4335	conducted at harness racetracks outside this state at the
4336	harness track of the permitholder and accept wagers on such
4337	harness races. With specific authorization from the bureau
4338	division for special racing events, a permitholder may conduct
4339	fewer than eight live races or games when the permitholder also
4340	broadcasts out-of-state races or games. The bureau division may
4341	not grant more than two such exceptions a year for a
4342	permitholder in any 12-month period, and those two exceptions
4343	may not be consecutive.
4344	(10)  The bureau division may adopt rules necessary to
4345	facilitate commingling of pari-mutuel pools, to ensure the
4346	proper calculation of payoffs in circumstances in which
4347	different commission percentages are applicable and to regulate
4348	the distribution of net proceeds between the horse track and, in
4349	this state, the horsemen's associations.
4350	(13)  This section does not prohibit the commingling of
4351	national pari-mutuel pools by a totalisator company that is
4352	licensed under this chapter. Such commingling of national pools
4353	is subject to bureau division review and approval and must be
4354	performed in accordance with rules adopted by the bureau
4355	division to ensure accurate calculation and distribution of the
4356	pools.
4357	Section 68.  Section 550.3605, Florida Statutes, is amended
4358	to read:
4359	550.3605  Use of electronic transmitting equipment; permit
4360	by bureau division required.--Any person who has in her or his
4361	possession or control on the premises of any licensed horse or
4362	dog racetrack or jai alai fronton any electronic transmitting
4363	equipment or device that is capable of transmitting or
4364	communicating any information whatsoever to another person,
4365	without the written permission of the bureau division, is guilty
4366	of a misdemeanor of the second degree, punishable as provided in
4367	s. 775.082 or s. 775.083. This section does not apply to the
4368	possession or control of any telephone, telegraph, radio, or
4369	television facilities installed by any such licensee with the
4370	approval of the bureau division.
4371	Section 69.  Subsections (3), (4), and (5) of section
4372	550.3615, Florida Statutes, are amended to read:
4373	550.3615  Bookmaking on the grounds of a permitholder;
4374	penalties; reinstatement; duties of track employees; penalty;
4375	exceptions.--
4376	(3)  Any person who has been convicted of bookmaking in
4377	this state or any other state of the United States or any
4378	foreign country shall be denied admittance to and shall not
4379	attend any racetrack or fronton in this state during its racing
4380	seasons or operating dates, including any practice or
4381	preparational days, for a period of 2 years after the date of
4382	conviction or the date of final appeal. Following the conclusion
4383	of the period of ineligibility, the director of the bureau
4384	division may authorize the reinstatement of an individual
4385	following a hearing on readmittance. Any such person who
4386	knowingly violates this subsection is guilty of a misdemeanor of
4387	the first degree, punishable as provided in s. 775.082 or s.
4388	775.083.
4389	(4)  If the activities of a person show that this law is
4390	being violated, and such activities are either witnessed or are
4391	common knowledge by any track or fronton employee, it is the
4392	duty of that employee to bring the matter to the immediate
4393	attention of the permitholder, manager, or her or his designee,
4394	who shall notify a law enforcement agency having jurisdiction.
4395	Willful failure on the part of any track or fronton employee to
4396	comply with the provisions of this subsection is a ground for
4397	the bureau division to suspend or revoke that employee's license
4398	for track or fronton employment.
4399	(5)  Each permittee shall display, in conspicuous places at
4400	a track or fronton and in all race and jai alai daily programs,
4401	a warning to all patrons concerning the prohibition and
4402	penalties of bookmaking contained in this section and s. 849.25.
4403	The bureau division shall adopt rules concerning the uniform
4404	size of all warnings and the number of placements throughout a
4405	track or fronton. Failure on the part of the permittee to
4406	display such warnings may result in the imposition of a $500
4407	fine by the bureau division for each offense.
4408	Section 70.  Subsections (2) and (3) of section 550.375,
4409	Florida Statutes, are amended to read:
4410	550.375  Operation of certain harness tracks.--
4411	(2)  Any permittee or licensee authorized under this
4412	section to transfer the location of its permit may conduct
4413	harness racing only between the hours of 7 p.m. and 2 a.m. A
4414	permit so transferred applies only to the locations provided in
4415	this section. The provisions of this chapter which prohibit the
4416	location and operation of a licensed harness track permittee and
4417	licensee within 100 air miles of the location of a racetrack
4418	authorized to conduct racing under this chapter and which
4419	prohibit the bureau division from granting any permit to a
4420	harness track at a location in the area in which there are three
4421	horse tracks located within 100 air miles thereof do not apply
4422	to a licensed harness track that is required by the terms of
4423	this section to race between the hours of 7 p.m. and 2 a.m.
4424	(3)  A permit may not be issued by the bureau division for
4425	the operation of a harness track within 75 air miles of a
4426	location of a harness track licensed and operating under this
4427	chapter.
4428	Section 71.  Section 550.495, Florida Statutes, is amended
4429	to read:
4430	550.495  Totalisator licensing.--
4431	(1)  A totalisator may not be operated at a pari-mutuel
4432	facility in this state, or at a facility located in or out of
4433	this state which is used as the primary totalisator for a race
4434	or game conducted in this state, unless the totalisator company
4435	possesses a business license issued by the bureau division.
4436	(2)(a)  Each totalisator company must apply to the bureau
4437	division for an annual business license. The application must
4438	include such information as the bureau division by rule
4439	requires.
4440	(b)  As a part of its license application, each totalisator
4441	company must agree in writing to pay to the bureau division an
4442	amount equal to the loss of any state revenues from missed or
4443	canceled races, games, or performances due to acts of the
4444	totalisator company or its agents or employees or failures of
4445	the totalisator system, except for circumstances beyond the
4446	control of the totalisator company or agent or employee, as
4447	determined by the bureau division.
4448	(c)  Each totalisator company must file with the bureau
4449	division a performance bond, acceptable to the bureau division,
4450	in the sum of $250,000 issued by a surety approved by the bureau
4451	division or must file proof of insurance, acceptable to the
4452	bureau division, against financial loss in the amount of
4453	$250,000, insuring the state against such a revenue loss.
4454	(d)  In the event of a loss of state tax revenues, the
4455	bureau division shall determine:
4456	1.  The estimated revenue lost as a result of missed or
4457	canceled races, games, or performances;
4458	2.  The number of races, games, or performances which is
4459	practicable for the permitholder to conduct in an attempt to
4460	mitigate the revenue loss; and
4461	3.  The amount of the revenue loss which the makeup races,
4462	games, or performances will not recover and for which the
4463	totalisator company is liable.
4464	(e)  Upon the making of such determinations, the bureau
4465	division shall issue to the totalisator company and to the
4466	affected permitholder an order setting forth the determinations
4467	of the bureau division.
4468	(f)  If the order is contested by either the totalisator
4469	company or any affected permitholder, the provisions of chapter
4470	120 apply. If the totalisator company contests the order on the
4471	grounds that the revenue loss was due to circumstances beyond
4472	its control, the totalisator company has the burden of proving
4473	that circumstances vary in fact beyond its control. For purposes
4474	of this paragraph, strikes and acts of God are beyond the
4475	control of the totalisator company.
4476	(g)  Upon the failure of the totalisator company to make
4477	the payment found to be due the state, the bureau division may
4478	cause the forfeiture of the bond or may proceed against the
4479	insurance contract, and the proceeds of the bond or contract
4480	shall be deposited into the Pari-mutuel Wagering Trust Fund. If
4481	that bond was not posted or insurance obtained, the bureau
4482	division may proceed against any assets of the totalisator
4483	company to collect the amounts due under this subsection.
4484	(3)  If the applicant meets the requirements of this
4485	section and bureau division rules and pays the license fee, the
4486	bureau division shall issue the license.
4487	(4)  Each totalisator company shall conduct operations in
4488	accordance with rules adopted by the bureau division, in such
4489	form, content, and frequency as the bureau division by rule
4490	determines.
4491	(5)  The bureau division and its representatives may enter
4492	and inspect any area of the premises of a licensed totalisator
4493	company, and may examine totalisator records, during the
4494	licensee's regular business or operating hours.
4495	Section 72.  Section 550.505, Florida Statutes, is amended
4496	to read:
4497	550.505  Nonwagering permits.--
4498	(1)(a)  Except as provided in this section, permits and
4499	licenses issued by the bureau division are intended to be used
4500	for pari-mutuel wagering operations in conjunction with
4501	horseraces, dograces, or jai alai performances.
4502	(b)  Subject to the requirements of this section, the
4503	bureau division is authorized to issue permits for the conduct
4504	of horseracing meets without pari-mutuel wagering or any other
4505	form of wagering being conducted in conjunction therewith. Such
4506	permits shall be known as nonwagering permits and may be issued
4507	only for horseracing meets. A horseracing permitholder need not
4508	obtain an additional permit from the bureau division for
4509	conducting nonwagering racing under this section, but must apply
4510	to the bureau division for the issuance of a license under this
4511	section. The holder of a nonwagering permit is prohibited from
4512	conducting pari-mutuel wagering or any other form of wagering in
4513	conjunction with racing conducted under the permit. Nothing in
4514	this subsection prohibits horseracing for any stake, purse,
4515	prize, or premium.
4516	(c)  The holder of a nonwagering permit is exempt from the
4517	provisions of s. 550.105 and is exempt from the imposition of
4518	daily license fees and admission tax.
4519	(2)(a)  Any person not prohibited from holding any type of
4520	pari-mutuel permit under s. 550.1815 shall be allowed to apply
4521	to the bureau division for a nonwagering permit. The applicant
4522	must demonstrate that the location or locations where the
4523	nonwagering permit will be used are available for such use and
4524	that the applicant has the financial ability to satisfy the
4525	reasonably anticipated operational expenses of the first racing
4526	year following final issuance of the nonwagering permit. If the
4527	racing facility is already built, the application must contain a
4528	statement, with reasonable supporting evidence, that the
4529	nonwagering permit will be used for horseracing within 1 year
4530	after the date on which it is granted. If the facility is not
4531	already built, the application must contain a statement, with
4532	reasonable supporting evidence, that substantial construction
4533	will be started within 1 year after the issuance of the
4534	nonwagering permit.
4535	(b)  The bureau division may conduct an eligibility
4536	investigation to determine if the applicant meets the
4537	requirements of paragraph (a).
4538	(3)(a)  Upon receipt of a nonwagering permit, the
4539	permitholder must apply to the bureau division before June 1 of
4540	each year for an annual nonwagering license for the next
4541	succeeding calendar year. Such application must set forth the
4542	days and locations at which the permitholder will conduct
4543	nonwagering horseracing and must indicate any changes in
4544	ownership or management of the permitholder occurring since the
4545	date of application for the prior license.
4546	(b)  On or before August 1 of each year, the bureau
4547	division shall issue a license authorizing the nonwagering
4548	permitholder to conduct nonwagering horseracing during the
4549	succeeding calendar year during the period and for the number of
4550	days set forth in the application, subject to all other
4551	provisions of this section.
4552	(c)  The bureau division may conduct an eligibility
4553	investigation to determine the qualifications of any new
4554	ownership or management interest in the permit.
4555	(4)  Upon the approval of racing dates by the bureau
4556	division, the bureau division shall issue an annual nonwagering
4557	license to the nonwagering permitholder.
4558	(5)  Only horses registered with an established breed
4559	registration organization, which organization shall be approved
4560	by the bureau division, shall be raced at any race meeting
4561	authorized by this section.
4562	(6)  The bureau division may order any person participating
4563	in a nonwagering meet to cease and desist from participating in
4564	such meet if the bureau division determines the person to be not
4565	of good moral character in accordance with s. 550.1815. The
4566	bureau division may order the operators of a nonwagering meet to
4567	cease and desist from operating the meet if the bureau division
4568	determines the meet is being operated for any illegal purpose.
4569	Section 73.  Subsection (2) of section 550.5251, Florida
4570	Statutes, is amended to read:
4571	550.5251  Florida thoroughbred racing; certain permits;
4572	operating days.--
4573	(2)  Each permitholder referred to in subsection (1) shall
4574	annually, during the period commencing December 15 of each year
4575	and ending January 4 of the following year, file in writing with
4576	the bureau division its application to conduct one or more
4577	thoroughbred racing meetings during the thoroughbred racing
4578	season commencing on the following June 1. Each application
4579	shall specify the number and dates of all performances that the
4580	permitholder intends to conduct during that thoroughbred racing
4581	season. On or before February 15 of each year, the bureau
4582	division shall issue a license authorizing each permitholder to
4583	conduct performances on the dates specified in its application.
4584	Up to March 31 of each year, each permitholder may request and
4585	shall be granted changes in its authorized performances; but
4586	thereafter, as a condition precedent to the validity of its
4587	license and its right to retain its permit, each permitholder
4588	must operate the full number of days authorized on each of the
4589	dates set forth in its license.
4590	Section 74.  Subsection (3) of section 550.625, Florida
4591	Statutes, is amended to read:
4592	550.625  Intertrack wagering; purses; breeders' awards.--If
4593	a host track is a horse track:
4594	(3)  The payment to a breeders' organization shall be
4595	combined with any other amounts received by the respective
4596	breeders' and owners' associations as so designated. Each
4597	breeders' and owners' association receiving these funds shall be
4598	allowed to withhold the same percentage as set forth in s.
4599	550.2625 to be used for administering the payment of awards and
4600	for the general promotion of their respective industries. If the
4601	total combined amount received for thoroughbred breeders' awards
4602	exceeds 15 percent of the purse required to be paid under
4603	subsection (1), the breeders' and owners' association, as so
4604	designated, notwithstanding any other provision of law, shall
4605	submit a plan to the bureau division for approval which would
4606	use the excess funds in promoting the breeding industry by
4607	increasing the purse structure for Florida-breds. Preference
4608	shall be given to the track generating such excess.
4609	Section 75.  Subsection (5) of section 550.6305, Florida
4610	Statutes, is amended to read:
4611	550.6305  Intertrack wagering; guest track payments;
4612	accounting rules.--
4613	(5)  The bureau division shall adopt rules providing an
4614	expedient accounting procedure for the transfer of the pari-
4615	mutuel pool in order to properly account for payment of state
4616	taxes, payment to the guest track, payment to the host track,
4617	payment of purses, payment to breeders' associations, payment to
4618	horsemen's associations, and payment to the public.
4619	Section 76.  Subsections (1) and (2) of section 550.6308,
4620	Florida Statutes, are amended to read:
4621	550.6308  Limited intertrack wagering license.--In
4622	recognition of the economic importance of the thoroughbred
4623	breeding industry to this state, its positive impact on tourism,
4624	and of the importance of a permanent thoroughbred sales facility
4625	as a key focal point for the activities of the industry, a
4626	limited license to conduct intertrack wagering is established to
4627	ensure the continued viability and public interest in
4628	thoroughbred breeding in Florida.
4629	(1)  Upon application to the bureau division on or before
4630	January 31 of each year, any person that is licensed to conduct
4631	public sales of thoroughbred horses pursuant to s. 535.01, that
4632	has conducted at least 15 days of thoroughbred horse sales at a
4633	permanent sales facility in this state for at least 3
4634	consecutive years, and that has conducted at least 1 day of
4635	nonwagering thoroughbred racing in this state, with a purse
4636	structure of at least $250,000 per year for 2 consecutive years
4637	before such application, shall be issued a license, subject to
4638	the conditions set forth in this section, to conduct intertrack
4639	wagering at such a permanent sales facility during the following
4640	periods:
4641	(a)  Up to 21 days in connection with thoroughbred sales;
4642	(b)  Between November 1 and May 8;
4643	(c)  Between May 9 and October 31 at such times and on such
4644	days as any thoroughbred, jai alai, or a greyhound permitholder
4645	in the same county is not conducting live performances; provided
4646	that any such permitholder may waive this requirement, in whole
4647	or in part, and allow the licensee under this section to conduct
4648	intertrack wagering during one or more of the permitholder's
4649	live performances; and
4650	(d)  During the weekend of the Kentucky Derby, the
4651	Preakness, the Belmont, and a Breeders' Cup Meet that is
4652	conducted before November 1 and after May 8.
4653
4654	No more than one such license may be issued, and no such license
4655	may be issued for a facility located within 50 miles of any
4656	thoroughbred permitholder's track.
4657	(2)  If more than one application is submitted for such
4658	license, the bureau division shall determine which applicant
4659	shall be granted the license. In making its determination, the
4660	bureau division shall grant the license to the applicant
4661	demonstrating superior capabilities, as measured by the length
4662	of time the applicant has been conducting thoroughbred sales
4663	within this state or elsewhere, the applicant's total volume of
4664	thoroughbred horse sales, within this state or elsewhere, the
4665	length of time the applicant has maintained a permanent
4666	thoroughbred sales facility in this state, and the quality of
4667	the facility.
4668	Section 77.  Subsection (2) of section 550.70, Florida
4669	Statutes, is amended to read:
4670	550.70  Jai alai general provisions; chief court judges
4671	required; extension of time to construct fronton; amateur jai
4672	alai contests permitted under certain conditions; playing days'
4673	limitations; locking of pari-mutuel machines.--
4674	(2)  The time within which the holder of a ratified permit
4675	for jai alai or pelota has to construct and complete a fronton
4676	may be extended by the bureau division for a period of 24 months
4677	after the date of the issuance of the permit, anything to the
4678	contrary in any statute notwithstanding.
4679	Section 78.  Subsection (3) of section 550.902, Florida
4680	Statutes, is amended to read:
4681	550.902  Purposes.--The purposes of this compact are to:
4682	(3)  Authorize the Department of Gaming Control Business
4683	and Professional Regulation to participate in this compact.
4684	Section 79.  Subsection (1) of section 550.907, Florida
4685	Statutes, is amended to read:
4686	550.907  Compact committee.--
4687	(1)  There is created an interstate governmental entity to
4688	be known as the "compact committee," which shall be composed of
4689	one official from the racing commission, or the equivalent
4690	thereof, in each party state who shall be appointed, serve, and
4691	be subject to removal in accordance with the laws of the party
4692	state that she or he represents. The official from Florida shall
4693	be appointed by the Gaming Commission Secretary of Business and
4694	Professional Regulation. Pursuant to the laws of her or his
4695	party state, each official shall have the assistance of her or
4696	his state's racing commission, or the equivalent thereof, in
4697	considering issues related to licensing of participants in pari-
4698	mutuel wagering and in fulfilling her or his responsibilities as
4699	the representative from her or his state to the compact
4700	committee.
4701	Section 80.  Section 551.102, Florida Statutes, is amended
4702	to read:
4703	551.102  Definitions.--As used in this chapter, the term:
4704	(1)  "Bureau" means the Bureau of Slot Machines within the
4705	Division of Gambling Oversight of the Department of Gaming
4706	Control.
4707	(2)(1)  "Distributor" means any person who sells, leases,
4708	or offers or otherwise provides, distributes, or services any
4709	slot machine or associated equipment for use or play of slot
4710	machines in this state. A manufacturer may be a distributor
4711	within the state.
4712	(3)(2)  "Designated slot machine gaming area" means the
4713	area or areas of a facility of a slot machine licensee in which
4714	slot machine gaming may be conducted in accordance with the
4715	provisions of this chapter.
4716	(4)(3)  "Division" means the Division of Gambling Oversight
4717	Pari-mutuel Wagering of the Department of Gaming Control
4718	Business and Professional Regulation.
4719	(5)(4)  "Eligible facility" means any licensed pari-mutuel
4720	facility located in Miami-Dade County or Broward County existing
4721	at the time of adoption of s. 23, Art. X of the State
4722	Constitution that has conducted live racing or games during
4723	calendar years 2002 and 2003 and has been approved by a majority
4724	of voters in a countywide referendum to have slot machines at
4725	such facility in the respective county.
4726	(6)(5)  "Manufacturer" means any person who manufactures,
4727	builds, rebuilds, fabricates, assembles, produces, programs,
4728	designs, or otherwise makes modifications to any slot machine or
4729	associated equipment for use or play of slot machines in this
4730	state for gaming purposes. A manufacturer may be a distributor
4731	within the state.
4732	(7)(6)  "Nonredeemable credits" means slot machine
4733	operating credits that cannot be redeemed for cash or any other
4734	thing of value by a slot machine, kiosk, or the slot machine
4735	licensee and that are provided free of charge to patrons. Such
4736	credits do not constitute "nonredeemable credits" until such
4737	time as they are metered as credit into a slot machine and
4738	recorded in the facility-based monitoring system.
4739	(8)(7)  "Progressive system" means a computerized system
4740	linking slot machines in one or more licensed facilities within
4741	this state and offering one or more common progressive payouts
4742	based on the amounts wagered.
4743	(9)(8)  "Slot machine" means any mechanical or electrical
4744	contrivance, terminal that may or may not be capable of
4745	downloading slot games from a central server system, machine, or
4746	other device that, upon insertion of a coin, bill, ticket,
4747	token, or similar object or upon payment of any consideration
4748	whatsoever, including the use of any electronic payment system
4749	except a credit card or debit card, is available to play or
4750	operate, the play or operation of which, whether by reason of
4751	skill or application of the element of chance or both, may
4752	deliver or entitle the person or persons playing or operating
4753	the contrivance, terminal, machine, or other device to receive
4754	cash, billets, tickets, tokens, or electronic credits to be
4755	exchanged for cash or to receive merchandise or anything of
4756	value whatsoever, whether the payoff is made automatically from
4757	the machine or manually. The term includes associated equipment
4758	necessary to conduct the operation of the contrivance, terminal,
4759	machine, or other device. Slot machines may use spinning reels,
4760	video displays, or both. A slot machine is not a "coin-operated
4761	amusement machine" as defined in s. 212.02(24) or an amusement
4762	game or machine as described in s. 849.161, and slot machines
4763	are not subject to the tax imposed by s. 212.05(1)(h).
4764	(10)(9)  "Slot machine facility" means a facility at which
4765	slot machines as defined in this chapter are lawfully offered
4766	for play.
4767	(11)(10)  "Slot machine license" means a license issued by
4768	the bureau division authorizing a pari-mutuel permitholder to
4769	place and operate slot machines as provided by s. 23, Art. X of
4770	the State Constitution, the provisions of this chapter, and
4771	bureau division rules.
4772	(12)(11)  "Slot machine licensee" means a pari-mutuel
4773	permitholder who holds a license issued by the bureau division
4774	pursuant to this chapter that authorizes such person to possess
4775	a slot machine within facilities specified in s. 23, Art. X of
4776	the State Constitution and allows slot machine gaming.
4777	(13)(12)  "Slot machine operator" means a person employed
4778	or contracted by the owner of a licensed facility to conduct
4779	slot machine gaming at that licensed facility.
4780	(14)(13)  "Slot machine revenues" means the total of all
4781	cash and property, except nonredeemable credits, received by the
4782	slot machine licensee from the operation of slot machines less
4783	the amount of cash, cash equivalents, credits, and prizes paid
4784	to winners of slot machine gaming.
4785	Section 81.  Section 551.103, Florida Statutes, is amended
4786	to read:
4787	551.103  Powers and duties of the bureau division and law
4788	enforcement.--
4789	(1)  The bureau division shall adopt, pursuant to the
4790	provisions of ss. 120.536(1) and 120.54, all rules necessary to
4791	implement, administer, and regulate slot machine gaming as
4792	authorized in this chapter. Such rules must include:
4793	(a)  Procedures for applying for a slot machine license and
4794	renewal of a slot machine license.
4795	(b)  Technical requirements and the qualifications
4796	contained in this chapter that are necessary to receive a slot
4797	machine license or slot machine occupational license.
4798	(c)  Procedures to scientifically test and technically
4799	evaluate slot machines for compliance with this chapter. The
4800	bureau division may contract with an independent testing
4801	laboratory to conduct any necessary testing under this section.
4802	The independent testing laboratory must have a national
4803	reputation which is demonstrably competent and qualified to
4804	scientifically test and evaluate slot machines for compliance
4805	with this chapter and to otherwise perform the functions
4806	assigned to it in this chapter. An independent testing
4807	laboratory shall not be owned or controlled by a licensee. The
4808	use of an independent testing laboratory for any purpose related
4809	to the conduct of slot machine gaming by a licensee under this
4810	chapter shall be made from a list of one or more laboratories
4811	approved by the bureau division.
4812	(d)  Procedures relating to slot machine revenues,
4813	including verifying and accounting for such revenues, auditing,
4814	and collecting taxes and fees consistent with this chapter.
4815	(e)  Procedures for regulating, managing, and auditing the
4816	operation, financial data, and program information relating to
4817	slot machine gaming that allow the bureau division and the
4818	Division of Licensing and Department of Law Enforcement to audit
4819	the operation, financial data, and program information of a slot
4820	machine licensee, as required by the bureau division or the
4821	Division of Licensing and Department of Law Enforcement, and
4822	provide the bureau division and the Division of Licensing and
4823	Department of Law Enforcement with the ability to monitor, at
4824	any time on a real-time basis, wagering patterns, payouts, tax
4825	collection, and compliance with any rules adopted by the bureau
4826	division for the regulation and control of slot machines
4827	operated under this chapter. Such continuous and complete
4828	access, at any time on a real-time basis, shall include the
4829	ability of either the bureau division or the Division of
4830	Licensing and Department of Law Enforcement to suspend play
4831	immediately on particular slot machines if monitoring of the
4832	facilities-based computer system indicates possible tampering or
4833	manipulation of those slot machines or the ability to suspend
4834	play immediately of the entire operation if the tampering or
4835	manipulation is of the computer system itself. The bureau
4836	division shall notify the Division of Licensing and Department
4837	of Law Enforcement or the Division of Licensing and Department
4838	of Law Enforcement shall notify the bureau division, as
4839	appropriate, whenever there is a suspension of play under this
4840	paragraph. The bureau division and the Division of Licensing and
4841	Department of Law Enforcement shall exchange such information
4842	necessary for and cooperate in the investigation of the
4843	circumstances requiring suspension of play under this paragraph.
4844	(f)  Procedures for requiring each licensee at his or her
4845	own cost and expense to supply the bureau division with a bond
4846	having the penal sum of $2 million payable to the Governor and
4847	his or her successors in office for each year of the licensee's
4848	slot machine operations. Any bond shall be issued by a surety or
4849	sureties approved by the bureau division and the Chief Financial
4850	Officer, conditioned to faithfully make the payments to the
4851	Chief Financial Officer in his or her capacity as treasurer of
4852	the bureau division. The licensee shall be required to keep its
4853	books and records and make reports as provided in this chapter
4854	and to conduct its slot machine operations in conformity with
4855	this chapter and all other provisions of law. Such bond shall be
4856	separate and distinct from the bond required in s. 550.125.
4857	(g)  Procedures for requiring licensees to maintain
4858	specified records and submit any data, information, record, or
4859	report, including financial and income records, required by this
4860	chapter or determined by the bureau division to be necessary to
4861	the proper implementation and enforcement of this chapter.
4862	(h)  A requirement that the payout percentage of a slot
4863	machine be no less than 85 percent.
4864	(i)  Minimum standards for security of the facilities,
4865	including floor plans, security cameras, and other security
4866	equipment.
4867	(j)  Procedures for requiring slot machine licensees to
4868	implement and establish drug-testing programs for all slot
4869	machine occupational licensees.
4870	(2)  The bureau division shall conduct such investigations
4871	necessary to fulfill its responsibilities under the provisions
4872	of this chapter.
4873	(3)  The Division of Licensing and Department of Law
4874	Enforcement and local law enforcement agencies shall have
4875	concurrent jurisdiction to investigate criminal violations of
4876	this chapter and may investigate any other criminal violation of
4877	law occurring at the facilities of a slot machine licensee, and
4878	such investigations may be conducted in conjunction with the
4879	appropriate state attorney.
4880	(4)(a)  The bureau division, the Division of Licensing and
4881	Department of Law Enforcement, and local law enforcement
4882	agencies shall have unrestricted access to the slot machine
4883	licensee's facility at all times and shall require of each slot
4884	machine licensee strict compliance with the laws of this state
4885	relating to the transaction of such business. The bureau
4886	division, the Division of Licensing and Department of Law
4887	Enforcement, and local law enforcement agencies may:
4888	1.  Inspect and examine premises where slot machines are
4889	offered for play.
4890	2.  Inspect slot machines and related equipment and
4891	supplies.
4892	(b)  In addition, the bureau division may:
4893	1.  Collect taxes, assessments, fees, and penalties.
4894	2.  Deny, revoke, suspend, or place conditions on the
4895	license of a person who violates any provision of this chapter
4896	or rule adopted pursuant thereto.
4897	(5)  The bureau division shall revoke or suspend the
4898	license of any person who is no longer qualified or who is
4899	found, after receiving a license, to have been unqualified at
4900	the time of application for the license.
4901	(6)  This section does not:
4902	(a)  Prohibit the Division of Licensing and Department of
4903	Law Enforcement or any law enforcement authority whose
4904	jurisdiction includes a licensed facility from conducting
4905	investigations of criminal activities occurring at the facility
4906	of the slot machine licensee;
4907	(b)  Restrict access to the slot machine licensee's
4908	facility by the Division of Licensing and Department of Law
4909	Enforcement or any local law enforcement authority whose
4910	jurisdiction includes the slot machine licensee's facility; or
4911	(c)  Restrict access by the Division of Licensing and
4912	Department of Law Enforcement or local law enforcement
4913	authorities to information and records necessary to the
4914	investigation of criminal activity that are contained within the
4915	slot machine licensee's facility.
4916	Section 82.  Section 551.104, Florida Statutes, is amended
4917	to read:
4918	551.104  License to conduct slot machine gaming.--
4919	(1)  Upon application and a finding by the bureau division
4920	after investigation that the application is complete and the
4921	applicant is qualified and payment of the initial license fee,
4922	the bureau division may issue a license to conduct slot machine
4923	gaming in the designated slot machine gaming area of the
4924	eligible facility. Once licensed, slot machine gaming may be
4925	conducted subject to the requirements of this chapter and rules
4926	adopted pursuant thereto.
4927	(2)  An application may be approved by the bureau division
4928	only after the voters of the county where the applicant's
4929	facility is located have authorized by referendum slot machines
4930	within pari-mutuel facilities in that county as specified in s.
4931	23, Art. X of the State Constitution.
4932	(3)  A slot machine license may be issued only to a
4933	licensed pari-mutuel permitholder, and slot machine gaming may
4934	be conducted only at the eligible facility at which the
4935	permitholder is authorized under its valid pari-mutuel wagering
4936	permit to conduct pari-mutuel wagering activities.
4937	(4)  As a condition of licensure and to maintain continued
4938	authority for the conduct of slot machine gaming, the slot
4939	machine licensee shall:
4940	(a)  Continue to be in compliance with this chapter.
4941	(b)  Continue to be in compliance with chapter 550, where
4942	applicable, and maintain the pari-mutuel permit and license in
4943	good standing pursuant to the provisions of chapter 550.
4944	Notwithstanding any contrary provision of law and in order to
4945	expedite the operation of slot machines at eligible facilities,
4946	any eligible facility shall be entitled within 60 days after the
4947	effective date of this act to amend its 2006-2007 pari-mutuel
4948	wagering operating license issued by the bureau division under
4949	ss. 550.0115 and 550.01215. The bureau division shall issue a
4950	new license to the eligible facility to effectuate any approved
4951	change.
4952	(c)  Conduct no fewer than a full schedule of live racing
4953	or games as defined in s. 550.002(11). A permitholder's
4954	responsibility to conduct such number of live races or games
4955	shall be reduced by the number of races or games that could not
4956	be conducted due to the direct result of fire, war, hurricane,
4957	or other disaster or event beyond the control of the
4958	permitholder.
4959	(d)  Upon approval of any changes relating to the pari-
4960	mutuel permit by the bureau division, be responsible for
4961	providing appropriate current and accurate documentation on a
4962	timely basis to the bureau division in order to continue the
4963	slot machine license in good standing. Changes in ownership or
4964	interest of a slot machine license of 5 percent or more of the
4965	stock or other evidence of ownership or equity in the slot
4966	machine license or any parent corporation or other business
4967	entity that in any way owns or controls the slot machine license
4968	shall be approved by the bureau division prior to such change,
4969	unless the owner is an existing holder of that license who was
4970	previously approved by the bureau division. Changes in ownership
4971	or interest of a slot machine license of less than 5 percent,
4972	unless such change results in a cumulative total of 5 percent or
4973	more, shall be reported to the bureau division within 20 days
4974	after the change. The bureau division may then conduct an
4975	investigation to ensure that the license is properly updated to
4976	show the change in ownership or interest. No reporting is
4977	required if the person is holding 5 percent or less equity or
4978	securities of a corporate owner of the slot machine licensee
4979	that has its securities registered pursuant to s. 12 of the
4980	Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and if
4981	such corporation or entity files with the United States
4982	Securities and Exchange Commission the reports required by s. 13
4983	of that act or if the securities of the corporation or entity
4984	are regularly traded on an established securities market in the
4985	United States. A change in ownership or interest of less than 5
4986	percent which results in a cumulative ownership or interest of 5
4987	percent or more shall be approved by the bureau division prior
4988	to such change unless the owner is an existing holder of the
4989	license who was previously approved by the bureau division.
4990	(e)  Allow the bureau division and the Division of
4991	Licensing and Department of Law Enforcement unrestricted access
4992	to and right of inspection of facilities of a slot machine
4993	licensee in which any activity relative to the conduct of slot
4994	machine gaming is conducted.
4995	(f)  Ensure that the facilities-based computer system that
4996	the licensee will use for operational and accounting functions
4997	of the slot machine facility is specifically structured to
4998	facilitate regulatory oversight. The facilities-based computer
4999	system shall be designed to provide the bureau division and the
5000	Division of Licensing and Department of Law Enforcement with the
5001	ability to monitor, at any time on a real-time basis, the
5002	wagering patterns, payouts, tax collection, and such other
5003	operations as necessary to determine whether the facility is in
5004	compliance with statutory provisions and rules adopted by the
5005	bureau division for the regulation and control of slot machine
5006	gaming. The bureau division and the Division of Licensing and
5007	Department of Law Enforcement shall have complete and continuous
5008	access to this system. Such access shall include the ability of
5009	either the bureau division or the Division of Licensing and
5010	Department of Law Enforcement to suspend play immediately on
5011	particular slot machines if monitoring of the system indicates
5012	possible tampering or manipulation of those slot machines or the
5013	ability to suspend play immediately of the entire operation if
5014	the tampering or manipulation is of the computer system itself.
5015	The computer system shall be reviewed and approved by the bureau
5016	division to ensure necessary access, security, and
5017	functionality. The bureau division may adopt rules to provide
5018	for the approval process.
5019	(g)  Ensure that each slot machine is protected from
5020	manipulation or tampering to affect the random probabilities of
5021	winning plays. The bureau division or the Division of Licensing
5022	and Department of Law Enforcement shall have the authority to
5023	suspend play upon reasonable suspicion of any manipulation or
5024	tampering. When play has been suspended on any slot machine, the
5025	bureau division or the Division of Licensing and Department of
5026	Law Enforcement may examine any slot machine to determine
5027	whether the machine has been tampered with or manipulated and
5028	whether the machine should be returned to operation.
5029	(h)  Submit a security plan, including the facilities'
5030	floor plan, the locations of security cameras, and a listing of
5031	all security equipment that is capable of observing and
5032	electronically recording activities being conducted in the
5033	facilities of the slot machine licensee. The security plan must
5034	meet the minimum security requirements as determined by the
5035	bureau division under s. 551.103(1)(i) and be implemented prior
5036	to operation of slot machine gaming. The slot machine licensee's
5037	facilities must adhere to the security plan at all times. Any
5038	changes to the security plan must be submitted by the licensee
5039	to the bureau division prior to implementation. The bureau
5040	division shall furnish copies of the security plan and changes
5041	in the plan to the Division of Licensing and Department of Law
5042	Enforcement.
5043	(i)  Create and file with the bureau division a written
5044	policy for:
5045	1.  Creating opportunities to purchase from vendors in this
5046	state, including minority vendors.
5047	2.  Creating opportunities for employment of residents of
5048	this state, including minority residents.
5049	3.  Ensuring opportunities for construction services from
5050	minority contractors.
5051	4.  Ensuring that opportunities for employment are offered
5052	on an equal, nondiscriminatory basis.
5053	5.  Training for employees on responsible gaming and
5054	working with a compulsive or addictive gambling prevention
5055	program to further its purposes as provided for in s. 551.118.
5056	6.  The implementation of a drug-testing program that
5057	includes, but is not limited to, requiring each employee to sign
5058	an agreement that he or she understands that the slot machine
5059	facility is a drug-free workplace.
5060
5061	The slot machine licensee shall use the Internet-based job-
5062	listing system of the Agency for Workforce Innovation in
5063	advertising employment opportunities. Beginning in June 2007,
5064	each slot machine licensee shall provide an annual report to the
5065	bureau division containing information indicating compliance
5066	with this paragraph in regard to minority persons.
5067	(j)  Ensure that the payout percentage of a slot machine is
5068	no less than 85 percent.
5069	(5)  A slot machine license is not transferable.
5070	(6)  A slot machine licensee shall keep and maintain
5071	permanent daily records of its slot machine operation and shall
5072	maintain such records for a period of not less than 5 years.
5073	These records must include all financial transactions and
5074	contain sufficient detail to determine compliance with the
5075	requirements of this chapter. All records shall be available for
5076	audit and inspection by the bureau division, the Division of
5077	Licensing and Department of Law Enforcement, or other law
5078	enforcement agencies during the licensee's regular business
5079	hours.
5080	(7)  A slot machine licensee shall file with the bureau
5081	division a monthly report containing the required records of
5082	such slot machine operation. The required reports shall be
5083	submitted on forms prescribed by the bureau division and shall
5084	be due at the same time as the monthly pari-mutuel reports are
5085	due to the bureau division, and the reports shall be deemed
5086	public records once filed.
5087	(8)  A slot machine licensee shall file with the bureau
5088	division an audit of the receipt and distribution of all slot
5089	machine revenues provided by an independent certified public
5090	accountant verifying compliance with all financial and auditing
5091	provisions of this chapter and the associated rules adopted
5092	under this chapter. The audit must include verification of
5093	compliance with all statutes and rules regarding all required
5094	records of slot machine operations. Such audit shall be filed
5095	within 60 days after the completion of the permitholder's pari-
5096	mutuel meet.
5097	(9)  The bureau division may share any information with the
5098	Division of Licensing and Department of Law Enforcement, any
5099	other law enforcement agency having jurisdiction over slot
5100	machine gaming or pari-mutuel activities, or any other state or
5101	federal law enforcement agency the bureau division or the
5102	Division of Licensing and Department of Law Enforcement deems
5103	appropriate. Any law enforcement agency having jurisdiction over
5104	slot machine gaming or pari-mutuel activities may share any
5105	information obtained or developed by it with the bureau
5106	division.
5107	(10)(a)  A No slot machine license or renewal thereof may
5108	not shall be issued to an applicant holding a permit under
5109	chapter 550 to conduct pari-mutuel wagering meets of
5110	thoroughbred racing unless the applicant has on file with the
5111	bureau division a binding written agreement between the
5112	applicant and the Florida Horsemen's Benevolent and Protective
5113	Association, Inc., governing the payment of purses on live
5114	thoroughbred races conducted at the licensee's pari-mutuel
5115	facility. In addition, a no slot machine license or renewal
5116	thereof may not shall be issued to such an applicant unless the
5117	applicant has on file with the bureau division a binding written
5118	agreement between the applicant and the Florida Thoroughbred
5119	Breeders' Association, Inc., governing the payment of breeders',
5120	stallion, and special racing awards on live thoroughbred races
5121	conducted at the licensee's pari-mutuel facility. The agreement
5122	governing purses and the agreement governing awards may direct
5123	the payment of such purses and awards from revenues generated by
5124	any wagering or gaming the applicant is authorized to conduct
5125	under Florida law. All purses and awards shall be subject to the
5126	terms of chapter 550. All sums for breeders', stallion, and
5127	special racing awards shall be remitted monthly to the Florida
5128	Thoroughbred Breeders' Association, Inc., for the payment of
5129	awards subject to the administrative fee authorized in s.
5130	550.2625(3).
5131	(b)  The bureau division shall suspend a slot machine
5132	license if one or more of the agreements required under
5133	paragraph (a) are terminated or otherwise cease to operate or if
5134	the bureau division determines that the licensee is materially
5135	failing to comply with the terms of such an agreement. Any such
5136	suspension shall take place in accordance with chapter 120.
5137	(c)1.  If an agreement required under paragraph (a) cannot
5138	be reached prior to the initial issuance of the slot machine
5139	license, either party may request arbitration or, in the case of
5140	a renewal, if an agreement required under paragraph (a) is not
5141	in place 120 days prior to the scheduled expiration date of the
5142	slot machine license, the applicant shall immediately ask the
5143	American Arbitration Association to furnish a list of 11
5144	arbitrators, each of whom shall have at least 5 years of
5145	commercial arbitration experience and no financial interest in
5146	or prior relationship with any of the parties or their
5147	affiliated or related entities or principals. Each required
5148	party to the agreement shall select a single arbitrator from the
5149	list provided by the American Arbitration Association within 10
5150	days of receipt, and the individuals so selected shall choose
5151	one additional arbitrator from the list within the next 10 days.
5152	2.  If an agreement required under paragraph (a) is not in
5153	place 60 days after the request under subparagraph 1. in the
5154	case of an initial slot machine license or, in the case of a
5155	renewal, 60 days prior to the scheduled expiration date of the
5156	slot machine license, the matter shall be immediately submitted
5157	to mandatory binding arbitration to resolve the disagreement
5158	between the parties. The three arbitrators selected pursuant to
5159	subparagraph 1. shall constitute the panel that shall arbitrate
5160	the dispute between the parties pursuant to the American
5161	Arbitration Association Commercial Arbitration Rules and chapter
5162	682.
5163	3.  At the conclusion of the proceedings, which shall be no
5164	later than 90 days after the request under subparagraph 1. in
5165	the case of an initial slot machine license or, in the case of a
5166	renewal, 30 days prior to the scheduled expiration date of the
5167	slot machine license, the arbitration panel shall present to the
5168	parties a proposed agreement that the majority of the panel
5169	believes equitably balances the rights, interests, obligations,
5170	and reasonable expectations of the parties. The parties shall
5171	immediately enter into such agreement, which shall satisfy the
5172	requirements of paragraph (a) and permit issuance of the pending
5173	annual slot machine license or renewal. The agreement produced
5174	by the arbitration panel under this subparagraph shall be
5175	effective until the last day of the license or renewal period or
5176	until the parties enter into a different agreement. Each party
5177	shall pay its respective costs of arbitration and shall pay one-
5178	half of the costs of the arbitration panel, unless the parties
5179	otherwise agree. If the agreement produced by the arbitration
5180	panel under this subparagraph remains in place 120 days prior to
5181	the scheduled issuance of the next annual license renewal, then
5182	the arbitration process established in this paragraph will begin
5183	again.
5184	4.  In the event that neither of the agreements required
5185	under paragraph (a) are in place by the deadlines established in
5186	this paragraph, arbitration regarding each agreement will
5187	proceed independently, with separate lists of arbitrators,
5188	arbitration panels, arbitration proceedings, and resulting
5189	agreements.
5190	5.  With respect to the agreement required under paragraph
5191	(a) governing the payment of purses, the arbitration and
5192	resulting agreement called for under this paragraph shall be
5193	limited to the payment of purses from slot machine revenues
5194	only.
5195	(d)  If any provision of this subsection or its application
5196	to any person or circumstance is held invalid, the invalidity
5197	does not affect other provisions or applications of this
5198	subsection or chapter which can be given effect without the
5199	invalid provision or application, and to this end the provisions
5200	of this subsection are severable.
5201	Section 83.  Section 551.1045, Florida Statutes, is amended
5202	to read:
5203	551.1045  Temporary licenses.--
5204	(1)  Notwithstanding any provision of s. 120.60 to the
5205	contrary, the bureau division may issue a temporary occupational
5206	license upon the receipt of a complete application from the
5207	applicant and a determination that the applicant has not been
5208	convicted of or had adjudication withheld on any disqualifying
5209	criminal offense. The temporary occupational license remains
5210	valid until such time as the bureau division grants an
5211	occupational license or notifies the applicant of its intended
5212	decision to deny the applicant a license pursuant to the
5213	provisions of s. 120.60. The bureau division shall adopt rules
5214	to administer this subsection. However, not more than one
5215	temporary license may be issued for any person in any year.
5216	(2)  A temporary license issued under this section is
5217	nontransferable.
5218	Section 84.  Subsection (3) of section 551.105, Florida
5219	Statutes, is amended to read:
5220	551.105  Slot machine license renewal.--
5221	(3)  Upon determination by the bureau division that the
5222	application for renewal is complete and qualifications have been
5223	met, including payment of the renewal fee, the slot machine
5224	license shall be renewed annually.
5225	Section 85.  Section 551.106, Florida Statutes, is amended
5226	to read:
5227	551.106  License fee; tax rate; penalties.--
5228	(1)  LICENSE FEE.--
5229	(a)  Upon submission of the initial application for a slot
5230	machine license and annually thereafter, on the anniversary date
5231	of the issuance of the initial license, the licensee must pay to
5232	the bureau division a nonrefundable license fee of $3 million
5233	for the succeeding 12 months of licensure. The license fee shall
5234	be deposited into the Pari-mutuel Wagering Trust Fund of the
5235	Department of Gaming Control Business and Professional
5236	Regulation to be used by the bureau division and the Division of
5237	Licensing and Department of Law Enforcement for investigations,
5238	regulation of slot machine gaming, and enforcement of slot
5239	machine gaming provisions under this chapter. These payments
5240	shall be accounted for separately from taxes or fees paid
5241	pursuant to the provisions of chapter 550.
5242	(b)  Prior to January 1, 2007, the division shall evaluate
5243	the license fee and shall make recommendations to the President
5244	of the Senate and the Speaker of the House of Representatives
5245	regarding the optimum level of slot machine license fees in
5246	order to adequately support the slot machine regulatory program.
5247	(2)  TAX ON SLOT MACHINE REVENUES.--
5248	(a)  The tax rate on slot machine revenues at each facility
5249	shall be 50 percent.
5250	(b)  The slot machine revenue tax imposed by this section
5251	shall be paid to the bureau division for deposit into the Pari-
5252	mutuel Wagering Trust Fund for immediate transfer by the Chief
5253	Financial Officer for deposit into the Educational Enhancement
5254	Trust Fund of the Department of Education. Any interest earnings
5255	on the tax revenues shall also be transferred to the Educational
5256	Enhancement Trust Fund.
5257	(c)1.  Funds transferred to the Educational Enhancement
5258	Trust Fund under paragraph (b) shall be used to supplement
5259	public education funding statewide.
5260	2.  If necessary to comply with any covenant established
5261	pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
5262	funds transferred to the Educational Enhancement Trust Fund
5263	under paragraph (b) shall first be available to pay debt service
5264	on lottery bonds issued to fund school construction in the event
5265	lottery revenues are insufficient for such purpose or to satisfy
5266	debt service reserve requirements established in connection with
5267	lottery bonds. Moneys available pursuant to this subparagraph
5268	are subject to annual appropriation by the Legislature.
5269	(3)  PAYMENT AND DISPOSITION OF TAXES.--Payment for the tax
5270	on slot machine revenues imposed by this section shall be paid
5271	to the bureau division. The bureau division shall deposit these
5272	sums with the Chief Financial Officer, to the credit of the
5273	Pari-mutuel Wagering Trust Fund. The slot machine licensee shall
5274	remit to the bureau division payment for the tax on slot machine
5275	revenues. Such payments shall be remitted by 3 p.m. Wednesday of
5276	each week for taxes imposed and collected for the preceding week
5277	ending on Sunday. The slot machine licensee shall file a report
5278	under oath by the 5th day of each calendar month for all taxes
5279	remitted during the preceding calendar month. Such payments
5280	shall be accompanied by a report under oath showing all slot
5281	machine gaming activities for the preceding calendar month and
5282	such other information as may be prescribed by the bureau
5283	division.
5284	(4)  FAILURE TO PAY TAX; PENALTIES.--A slot machine
5285	licensee who fails to make tax payments as required under this
5286	section is subject to an administrative penalty of up to $10,000
5287	for each day the tax payment is not remitted. All administrative
5288	penalties imposed and collected shall be deposited into the
5289	Pari-mutuel Wagering Trust Fund of the Department of Gaming
5290	Control Business and Professional Regulation. If any slot
5291	machine licensee fails to pay penalties imposed by order of the
5292	bureau division under this subsection, the bureau division may
5293	suspend, revoke, or refuse to renew the license of the slot
5294	machine licensee.
5295	(5)  SUBMISSION OF FUNDS.--The bureau division may require
5296	slot machine licensees to remit taxes, fees, fines, and
5297	assessments by electronic funds transfer.
5298	Section 86.  Subsections (2), (3), (4), (5), (6), (7), (8),
5299	(9), (10), and (11) of section 551.107, Florida Statutes, are
5300	amended to read:
5301	551.107  Slot machine occupational license; findings;
5302	application; fee.--
5303	(2)(a)  The following slot machine occupational licenses
5304	shall be issued to persons or entities that, by virtue of the
5305	positions they hold, might be granted access to slot machine
5306	gaming areas or to any other person or entity in one of the
5307	following categories:
5308	1.  General occupational licenses for general employees,
5309	including food service, maintenance, and other similar service
5310	and support employees having access to the slot machine gaming
5311	area.
5312	2.  Professional occupational licenses for any person,
5313	proprietorship, partnership, corporation, or other entity that
5314	is authorized by a slot machine licensee to manage, oversee, or
5315	otherwise control daily operations as a slot machine manager, a
5316	floor supervisor, security personnel, or any other similar
5317	position of oversight of gaming operations, or any person who is
5318	not an employee of the slot machine licensee and who provides
5319	maintenance, repair, or upgrades or otherwise services a slot
5320	machine or other slot machine equipment.
5321	3.  Business occupational licenses for any slot machine
5322	management company or company associated with slot machine
5323	gaming, any person who manufactures, distributes, or sells slot
5324	machines, slot machine paraphernalia, or other associated
5325	equipment to slot machine licensees, or any company that sells
5326	or provides goods or services associated with slot machine
5327	gaming to slot machine licensees.
5328	(b)  The bureau division may issue one license to combine
5329	licenses under this section with pari-mutuel occupational
5330	licenses and cardroom licenses pursuant to s. 550.105(2)(b). The
5331	bureau division shall adopt rules pertaining to occupational
5332	licenses under this subsection. Such rules may specify, but need
5333	not be limited to, requirements and restrictions for licensed
5334	occupations and categories, procedures to apply for any license
5335	or combination of licenses, disqualifying criminal offenses for
5336	a licensed occupation or categories of occupations, and which
5337	types of occupational licenses may be combined into a single
5338	license under this section. The fingerprinting requirements of
5339	subsection (7) apply to any combination license that includes
5340	slot machine license privileges under this section. The bureau
5341	division may not adopt a rule allowing the issuance of an
5342	occupational license to any person who does not meet the minimum
5343	background qualifications under this section.
5344	(c)  Slot machine occupational licenses are not
5345	transferable.
5346	(3)  A slot machine licensee may not employ or otherwise
5347	allow a person to work at a licensed facility unless such person
5348	holds the appropriate valid occupational license. A slot machine
5349	licensee may not contract or otherwise do business with a
5350	business required to hold a slot machine occupational license
5351	unless the business holds such a license. A slot machine
5352	licensee may not employ or otherwise allow a person to work in a
5353	supervisory or management professional level at a licensed
5354	facility unless such person holds a valid slot machine
5355	occupational license. All slot machine occupational licensees,
5356	while present in slot machine gaming areas, shall display on
5357	their persons their occupational license identification cards.
5358	(4)(a)  A person seeking a slot machine occupational
5359	license or renewal thereof shall make application on forms
5360	prescribed by the bureau division and include payment of the
5361	appropriate application fee. Initial and renewal applications
5362	for slot machine occupational licenses must contain all
5363	information that the bureau division, by rule, determines is
5364	required to ensure eligibility.
5365	(b)  A slot machine license or combination license is valid
5366	for the same term as a pari-mutuel occupational license issued
5367	pursuant to s. 550.105(1).
5368	(c)  Pursuant to rules adopted by the bureau division, any
5369	person may apply for and, if qualified, be issued a slot machine
5370	occupational license valid for a period of 3 years upon payment
5371	of the full occupational license fee for each of the 3 years for
5372	which the license is issued. The slot machine occupational
5373	license is valid during its specified term at any licensed
5374	facility where slot machine gaming is authorized to be
5375	conducted.
5376	(d)  The slot machine occupational license fee for initial
5377	application and annual renewal shall be determined by rule of
5378	the bureau division but may not exceed $50 for a general or
5379	professional occupational license for an employee of the slot
5380	machine licensee or $1,000 for a business occupational license
5381	for nonemployees of the licensee providing goods or services to
5382	the slot machine licensee. License fees for general occupational
5383	licensees shall be paid by the slot machine licensee. Failure to
5384	pay the required fee constitutes grounds for disciplinary action
5385	by the bureau division against the slot machine licensee, but it
5386	is not a violation of this chapter or rules of the bureau
5387	division by the general occupational licensee and does not
5388	prohibit the initial issuance or the renewal of the general
5389	occupational license.
5390	(5)  The bureau division may:
5391	(a)  Deny an application for, or revoke, suspend, or place
5392	conditions or restrictions on, a license of a person or entity
5393	that has been refused a license by any other state gaming
5394	commission, governmental department, agency, or other authority
5395	exercising regulatory jurisdiction over the gaming of another
5396	state or jurisdiction; or
5397	(b)  Deny an application for, or suspend or place
5398	conditions on, a license of any person or entity that is under
5399	suspension or has unpaid fines in another state or jurisdiction.
5400	(6)(a)  The bureau division may deny, suspend, revoke, or
5401	refuse to renew any slot machine occupational license if the
5402	applicant for such license or the licensee has violated the
5403	provisions of this chapter or the rules of the bureau division
5404	governing the conduct of persons connected with slot machine
5405	gaming. In addition, the bureau division may deny, suspend,
5406	revoke, or refuse to renew any slot machine occupational license
5407	if the applicant for such license or the licensee has been
5408	convicted in this state, in any other state, or under the laws
5409	of the United States of a capital felony, a felony, or an
5410	offense in any other state that would be a felony under the laws
5411	of this state involving arson; trafficking in, conspiracy to
5412	traffic in, smuggling, importing, conspiracy to smuggle or
5413	import, or delivery, sale, or distribution of a controlled
5414	substance; racketeering; or a crime involving a lack of good
5415	moral character, or has had a gaming license revoked by this
5416	state or any other jurisdiction for any gaming-related offense.
5417	(b)  The bureau division may deny, revoke, or refuse to
5418	renew any slot machine occupational license if the applicant for
5419	such license or the licensee has been convicted of a felony or
5420	misdemeanor in this state, in any other state, or under the laws
5421	of the United States if such felony or misdemeanor is related to
5422	gambling or bookmaking as described in s. 849.25.
5423	(c)  For purposes of this subsection, the term "convicted"
5424	means having been found guilty, with or without adjudication of
5425	guilt, as a result of a jury verdict, nonjury trial, or entry of
5426	a plea of guilty or nolo contendere.
5427	(7)  Fingerprints for all slot machine occupational license
5428	applications shall be taken in a manner approved by the bureau
5429	division and shall be submitted electronically to the Division
5430	of Licensing and Department of Law Enforcement for state
5431	processing and the Federal Bureau of Investigation for national
5432	processing for a criminal history record check. All persons as
5433	specified in s. 550.1815(1)(a) employed by or working within a
5434	licensed premises shall submit fingerprints for a criminal
5435	history record check and may not have been convicted of any
5436	disqualifying criminal offenses specified in subsection (6).
5437	Bureau Division employees and law enforcement officers assigned
5438	by their employing agencies to work within the premises as part
5439	of their official duties are excluded from the criminal history
5440	record check requirements under this subsection. For purposes of
5441	this subsection, the term "convicted" means having been found
5442	guilty, with or without adjudication of guilt, as a result of a
5443	jury verdict, nonjury trial, or entry of a plea of guilty or
5444	nolo contendere.
5445	(a)  Fingerprints shall be taken in a manner approved by
5446	the bureau division upon initial application, or as required
5447	thereafter by rule of the bureau division, and shall be
5448	submitted electronically to the Department of Law Enforcement
5449	for state processing. The Division of Licensing and Department
5450	of Law Enforcement shall forward the fingerprints to the Federal
5451	Bureau of Investigation for national processing. The results of
5452	the criminal history record check shall be returned to the
5453	bureau division for purposes of screening. Licensees shall
5454	provide necessary equipment approved by the Division of
5455	Licensing and Department of Law Enforcement to facilitate such
5456	electronic submission. The bureau division requirements under
5457	this subsection shall be instituted in consultation with the
5458	Division of Licensing and Department of Law Enforcement.
5459	(b)  The cost of processing fingerprints and conducting a
5460	criminal history record check for a general occupational license
5461	shall be borne by the slot machine licensee. The cost of
5462	processing fingerprints and conducting a criminal history record
5463	check for a business or professional occupational license shall
5464	be borne by the person being checked. The Division of Licensing
5465	and Department of Law Enforcement may invoice the bureau
5466	division for the fingerprints submitted each month.
5467	(c)  All fingerprints submitted to the Division of
5468	Licensing and Department of Law Enforcement and required by this
5469	section shall be retained by the Division of Licensing and
5470	Department of Law Enforcement and entered into the statewide
5471	automated fingerprint identification system as authorized by s.
5472	943.05(2)(b) and shall be available for all purposes and uses
5473	authorized for arrest fingerprint cards entered into the
5474	statewide automated fingerprint identification system pursuant
5475	to s. 943.051.
5476	(d)  The Division of Licensing and Department of Law
5477	Enforcement shall search all arrest fingerprints received
5478	pursuant to s. 943.051 against the fingerprints retained in the
5479	statewide automated fingerprint identification system under
5480	paragraph (c). Any arrest record that is identified with the
5481	retained fingerprints of a person subject to the criminal
5482	history screening requirements of this section shall be reported
5483	to the bureau division. Each licensed facility shall pay a fee
5484	to the bureau division for the cost of retention of the
5485	fingerprints and the ongoing searches under this paragraph. The
5486	bureau division shall forward the payment to the Division of
5487	Licensing and Department of Law Enforcement. The amount of the
5488	fee to be imposed for performing these searches and the
5489	procedures for the retention of licensee fingerprints shall be
5490	as established by rule of the Division of Licensing and
5491	Department of Law Enforcement. The bureau division shall inform
5492	the Division of Licensing and Department of Law Enforcement of
5493	any change in the license status of licensees whose fingerprints
5494	are retained under paragraph (c).
5495	(e)  The bureau division shall request the Department of
5496	Law Enforcement to forward the fingerprints to the Federal
5497	Bureau of Investigation for a national criminal history records
5498	check every 3 years following issuance of a license. If the
5499	fingerprints of a person who is licensed have not been retained
5500	by the Division of Licensing and Department of Law Enforcement,
5501	the person must file a complete set of fingerprints as provided
5502	for in paragraph (a). The bureau division shall collect the fees
5503	for the cost of the national criminal history record check under
5504	this paragraph and shall forward the payment to the Division of
5505	Licensing and Department of Law Enforcement. The cost of
5506	processing fingerprints and conducting a criminal history record
5507	check under this paragraph for a general occupational license
5508	shall be borne by the slot machine licensee. The cost of
5509	processing fingerprints and conducting a criminal history record
5510	check under this paragraph for a business or professional
5511	occupational license shall be borne by the person being checked.
5512	The Division of Licensing and Department of Law Enforcement may
5513	invoice the bureau division for the fingerprints submitted each
5514	month. Under penalty of perjury, each person who is licensed or
5515	who is fingerprinted as required by this section must agree to
5516	inform the bureau division within 48 hours if he or she is
5517	convicted of or has entered a plea of guilty or nolo contendere
5518	to any disqualifying offense, regardless of adjudication.
5519	(8)  All moneys collected pursuant to this section shall be
5520	deposited into the Pari-mutuel Wagering Trust Fund.
5521	(9)  The bureau division may deny, revoke, or suspend any
5522	occupational license if the applicant or holder of the license
5523	accumulates unpaid obligations, defaults in obligations, or
5524	issues drafts or checks that are dishonored or for which payment
5525	is refused without reasonable cause.
5526	(10)  The bureau division may fine or suspend, revoke, or
5527	place conditions upon the license of any licensee who provides
5528	false information under oath regarding an application for a
5529	license or an investigation by the bureau division.
5530	(11)  The bureau division may impose a civil fine of up to
5531	$5,000 for each violation of this chapter or the rules of the
5532	bureau division in addition to or in lieu of any other penalty
5533	provided for in this section. The bureau division may adopt a
5534	penalty schedule for violations of this chapter or any rule
5535	adopted pursuant to this chapter for which it would impose a
5536	fine in lieu of a suspension and adopt rules allowing for the
5537	issuance of citations, including procedures to address such
5538	citations, to persons who violate such rules. In addition to any
5539	other penalty provided by law, the bureau division may exclude
5540	from all licensed slot machine facilities in this state, for a
5541	period not to exceed the period of suspension, revocation, or
5542	ineligibility, any person whose occupational license application
5543	has been declared ineligible to hold an occupational license or
5544	whose occupational license has been suspended or revoked by the
5545	bureau division.
5546	Section 87.  Section 551.108, Florida Statutes, is amended
5547	to read:
5548	551.108  Prohibited relationships.--
5549	(1)  A person employed by or performing any function on
5550	behalf of the bureau division may not:
5551	(a)  Be an officer, director, owner, or employee of any
5552	person or entity licensed by the bureau division.
5553	(b)  Have or hold any interest, direct or indirect, in or
5554	engage in any commerce or business relationship with any person
5555	licensed by the bureau division.
5556	(2)  A manufacturer or distributor of slot machines may not
5557	enter into any contract with a slot machine licensee that
5558	provides for any revenue sharing of any kind or nature that is
5559	directly or indirectly calculated on the basis of a percentage
5560	of slot machine revenues. Any maneuver, shift, or device whereby
5561	this subsection is violated is a violation of this chapter and
5562	renders any such agreement void.
5563	(3)  A manufacturer or distributor of slot machines or any
5564	equipment necessary for the operation of slot machines or an
5565	officer, director, or employee of any such manufacturer or
5566	distributor may not have any ownership or financial interest in
5567	a slot machine license or in any business owned by the slot
5568	machine licensee.
5569	(4)  An employee of the bureau division or relative living
5570	in the same household as such employee of the bureau division
5571	may not wager at any time on a slot machine located at a
5572	facility licensed by the bureau division.
5573	(5)  An occupational licensee or relative living in the
5574	same household as such occupational licensee may not wager at
5575	any time on a slot machine located at a facility where that
5576	person is employed.
5577	Section 88.  Subsections (2) and (7) of section 551.109,
5578	Florida Statutes, are amended to read:
5579	551.109  Prohibited acts; penalties.--
5580	(2)  Except as otherwise provided by law and in addition to
5581	any other penalty, any person who possesses a slot machine
5582	without the license required by this chapter or who possesses a
5583	slot machine at any location other than at the slot machine
5584	licensee's facility is subject to an administrative fine or
5585	civil penalty of up to $10,000 per machine. The prohibition in
5586	this subsection does not apply to:
5587	(a)  Slot machine manufacturers or slot machine
5588	distributors that hold appropriate licenses issued by the bureau
5589	division who are authorized to maintain a slot machine storage
5590	and maintenance facility at any location in a county in which
5591	slot machine gaming is authorized by this chapter. The bureau
5592	division may adopt rules regarding security and access to the
5593	storage facility and inspections by the bureau division.
5594	(b)  Certified educational facilities that are authorized
5595	to maintain slot machines for the sole purpose of education and
5596	licensure, if any, of slot machine technicians, inspectors, or
5597	investigators. The bureau division and the Division of Licensing
5598	and Department of Law Enforcement may possess slot machines for
5599	training and testing purposes. The bureau division may adopt
5600	rules regarding the regulation of any such slot machines used
5601	for educational, training, or testing purposes.
5602	(7)  All penalties imposed and collected under this section
5603	must be deposited into the Pari-mutuel Wagering Trust Fund of
5604	the Department of Gaming Control Business and Professional
5605	Regulation.
5606	Section 89.  Section 551.112, Florida Statutes, is amended
5607	to read:
5608	551.112  Exclusions of certain persons.--In addition to the
5609	power to exclude certain persons from any facility of a slot
5610	machine licensee in this state, the bureau division may exclude
5611	any person from any facility of a slot machine licensee in this
5612	state for conduct that would constitute, if the person were a
5613	licensee, a violation of this chapter or the rules of the bureau
5614	division. The bureau division may exclude from any facility of a
5615	slot machine licensee any person who has been ejected from a
5616	facility of a slot machine licensee in this state or who has
5617	been excluded from any facility of a slot machine licensee or
5618	gaming facility in another state by the governmental department,
5619	agency, commission, or authority exercising regulatory
5620	jurisdiction over the gaming in such other state. This section
5621	does not abrogate the common law right of a slot machine
5622	licensee to exclude a patron absolutely in this state.
5623	Section 90.  Subsections (3) and (5) of section 551.114,
5624	Florida Statutes, are amended to read:
5625	551.114  Slot machine gaming areas.--
5626	(3)  The bureau division shall require the posting of signs
5627	warning of the risks and dangers of gambling, showing the odds
5628	of winning, and informing patrons of the toll-free telephone
5629	number available to provide information and referral services
5630	regarding compulsive or problem gambling.
5631	(5)  The permitholder shall provide adequate office space
5632	at no cost to the bureau division and the Division of Licensing
5633	and Department of Law Enforcement for the oversight of slot
5634	machine operations. The bureau division shall adopt rules
5635	establishing the criteria for adequate space, configuration, and
5636	location and needed electronic and technological requirements
5637	for office space required by this subsection.
5638	Section 91.  Section 551.117, Florida Statutes, is amended
5639	to read:
5640	551.117  Penalties.--The bureau division may revoke or
5641	suspend any slot machine license issued under this chapter upon
5642	the willful violation by the slot machine licensee of any
5643	provision of this chapter or of any rule adopted under this
5644	chapter. In lieu of suspending or revoking a slot machine
5645	license, the bureau division may impose a civil penalty against
5646	the slot machine licensee for a violation of this chapter or any
5647	rule adopted by the bureau division. Except as otherwise
5648	provided in this chapter, the penalty so imposed may not exceed
5649	$100,000 for each count or separate offense. All penalties
5650	imposed and collected must be deposited into the Pari-mutuel
5651	Wagering Trust Fund of the Department of Gaming Control Business
5652	and Professional Regulation.
5653	Section 92.  Section 551.118, Florida Statutes, is amended
5654	to read:
5655	551.118  Compulsive or addictive gambling prevention
5656	program.--
5657	(1)  The slot machine licensee shall offer training to
5658	employees on responsible gaming and shall work with a compulsive
5659	or addictive gambling prevention program to recognize problem
5660	gaming situations and to implement responsible gaming programs
5661	and practices.
5662	(2)  The bureau division shall, subject to competitive
5663	bidding, contract for provision of services related to the
5664	prevention of compulsive and addictive gambling. The contract
5665	shall provide for an advertising program to encourage
5666	responsible gaming practices and to publicize a gambling
5667	telephone help line. Such advertisements must be made both
5668	publicly and inside the designated slot machine gaming areas of
5669	the licensee's facilities. The terms of any contract for the
5670	provision of such services shall include accountability
5671	standards that must be met by any private provider. The failure
5672	of any private provider to meet any material terms of the
5673	contract, including the accountability standards, shall
5674	constitute a breach of contract or grounds for nonrenewal. The
5675	bureau division may consult with the Division Department of the
5676	Lottery within the Department of Gaming Control in the
5677	development of the program and the development and analysis of
5678	any procurement for contractual services for the compulsive or
5679	addictive gambling prevention program.
5680	(3)  The compulsive or addictive gambling prevention
5681	program shall be funded from an annual nonrefundable regulatory
5682	fee of $250,000 paid by the licensee to the bureau division.
5683	Section 93.  Paragraph (c) of subsection (4) of section
5684	551.121, Florida Statutes, is amended to read:
5685	551.121  Prohibited activities and devices; exceptions.--
5686	(4)
5687	(c)  Outside the designated slot machine gaming areas, a
5688	slot machine licensee or operator may accept or cash a check for
5689	an employee of the facility who is prohibited from wagering on a
5690	slot machine under s. 551.108(5), a check made directly payable
5691	to a person licensed by the bureau division, or a check made
5692	directly payable to the slot machine licensee or operator from:
5693	1.  A pari-mutuel patron; or
5694	2.  A pari-mutuel facility in this state or in another
5695	state.
5696	Section 94.  Section 551.122, Florida Statutes, is amended
5697	to read:
5698	551.122  Rulemaking.--The bureau division may adopt rules
5699	pursuant to ss. 120.536(1) and 120.54 to administer the
5700	provisions of this chapter.
5701	Section 95.  Section 551.123, Florida Statutes, is amended
5702	to read:
5703	551.123  Legislative authority; administration of
5704	chapter.--The Legislature finds and declares that it has
5705	exclusive authority over the conduct of all wagering occurring
5706	at a slot machine facility in this state. As provided by law,
5707	only the Bureau of Slot Machines division of Pari-mutuel
5708	Wagering and other authorized state agencies shall administer
5709	this chapter and regulate the slot machine gaming industry,
5710	including operation of slot machine facilities, games, slot
5711	machines, and facilities-based computer systems authorized in
5712	this chapter and the rules adopted by the bureau division.
5713	Section 96.  Section 616.09, Florida Statutes, is amended
5714	to read:
5715	616.09  Not authorized to carry on gambling, etc.;
5716	forfeiture of charter for violations; annulment
5717	proceedings.--Nothing in This chapter does not shall be held or
5718	construed to authorize or permit any fair association to carry
5719	on, conduct, supervise, permit, or suffer any gambling or game
5720	of chance, lottery, betting, or other act in violation of the
5721	criminal laws of the state; and nothing in this chapter does not
5722	shall permit horseracing or dogracing or any other pari-mutuel
5723	wagering, for money or upon which money is placed. Any fair
5724	association which violates any such law or which knowingly
5725	permits the violation of any such law is subject to forfeiture
5726	of its charter; and if any citizen complains to the Bureau of
5727	Prosecution of the Division of Licensing and Enforcement within
5728	the Department of Gaming Control Department of Legal Affairs
5729	that the association was organized for or is being used as a
5730	cover to evade any of the laws of Florida against crime, and
5731	submits prima facie evidence to sustain the charge, the Bureau
5732	of Prosecution Department of Legal Affairs shall institute, and
5733	in due time prosecute to final judgment, such proceedings as may
5734	be necessary to annul the charter and incorporation of the
5735	association. A writ of injunction or other extraordinary process
5736	shall be issued by a court of competent jurisdiction on the
5737	application of the Bureau of Prosecution Department of Legal
5738	Affairs on complaint pending the annulment proceeding and in aid
5739	thereof, and the case shall be given precedence over all civil
5740	cases pending in that court and shall be heard and disposed of
5741	with as little delay as practicable.
5742	Section 97.  Subsection (9) of section 616.241, Florida
5743	Statutes, is amended to read:
5744	616.241  Trade standards for operation at public fairs and
5745	expositions.--Trade standards for the operation of shows or
5746	games in connection with public fairs and expositions are as
5747	follows:
5748	(9)  VIOLATIONS; REPORTING.--Florida law forbids lotteries,
5749	gambling, raffles, and other games of chance at community,
5750	county, district, state, regional, or interstate fairs and
5751	specialized shows. Enforcement is the responsibility of the
5752	Department of Gaming Control local boards and authorities.
5753	Section 98.  Section 849.086, Florida Statutes, is amended
5754	to read:
5755	849.086  Cardrooms authorized.--
5756	(1)  LEGISLATIVE INTENT.--It is the intent of the
5757	Legislature to provide additional entertainment choices for the
5758	residents of and visitors to the state, promote tourism in the
5759	state, and provide additional state revenues through the
5760	authorization of the playing of certain games in the state at
5761	facilities known as cardrooms which are to be located at
5762	licensed pari-mutuel facilities. To ensure the public confidence
5763	in the integrity of authorized cardroom operations, this act is
5764	designed to strictly regulate the facilities, persons, and
5765	procedures related to cardroom operations. Furthermore, the
5766	Legislature finds that authorized games as herein defined are
5767	considered to be pari-mutuel style games and not casino gaming
5768	because the participants play against each other instead of
5769	against the house.
5770	(2)  DEFINITIONS.--As used in this section:
5771	(a)  "Authorized game" means a game or series of games of
5772	poker or dominoes which are played in a nonbanking manner.
5773	(b)  "Banking game" means a game in which the house is a
5774	participant in the game, taking on players, paying winners, and
5775	collecting from losers or in which the cardroom establishes a
5776	bank against which participants play.
5777	(c)  "Cardroom" means a facility where authorized games are
5778	played for money or anything of value and to which the public is
5779	invited to participate in such games and charged a fee for
5780	participation by the operator of such facility. Authorized games
5781	and cardrooms do not constitute casino gaming operations.
5782	(d)  "Cardroom management company" means any individual not
5783	an employee of the cardroom operator, any proprietorship,
5784	partnership, corporation, or other entity that enters into an
5785	agreement with a cardroom operator to manage, operate, or
5786	otherwise control the daily operation of a cardroom.
5787	(e)  "Cardroom distributor" means any business that
5788	distributes cardroom paraphernalia such as card tables, betting
5789	chips, chip holders, dominoes, dominoes tables, drop boxes,
5790	banking supplies, playing cards, card shufflers, and other
5791	associated equipment to authorized cardrooms.
5792	(f)  "Cardroom operator" means a licensed pari-mutuel
5793	permitholder which holds a valid permit and license issued by
5794	the bureau division pursuant to chapter 550 and which also holds
5795	a valid cardroom license issued by the bureau division pursuant
5796	to this section which authorizes such person to operate a
5797	cardroom and to conduct authorized games in such cardroom.
5798	(g)  "Division" means the Division of Gambling Oversight
5799	Pari-mutuel Wagering of the Department of Gaming Control
5800	Business and Professional Regulation.
5801	(h)  "Dominoes" means a game of dominoes typically played
5802	with a set of 28 flat rectangular blocks, called "bones," which
5803	are marked on one side and divided into two equal parts, with
5804	zero to six dots, called "pips," in each part. The term also
5805	includes larger sets of blocks that contain a correspondingly
5806	higher number of pips. The term also means the set of blocks
5807	used to play the game.
5808	(i)  "Gross receipts" means the total amount of money
5809	received by a cardroom from any person for participation in
5810	authorized games.
5811	(j)  "House" means the cardroom operator and all employees
5812	of the cardroom operator.
5813	(k)  "Net proceeds" means the total amount of gross
5814	receipts received by a cardroom operator from cardroom
5815	operations less direct operating expenses related to cardroom
5816	operations, including labor costs, admission taxes only if a
5817	separate admission fee is charged for entry to the cardroom
5818	facility, gross receipts taxes imposed on cardroom operators by
5819	this section, the annual cardroom license fees imposed by this
5820	section on each table operated at a cardroom, and reasonable
5821	promotional costs excluding officer and director compensation,
5822	interest on capital debt, legal fees, real estate taxes, bad
5823	debts, contributions or donations, or overhead and depreciation
5824	expenses not directly related to the operation of the cardrooms.
5825	(l)  "Rake" means a set fee or percentage of the pot
5826	assessed by a cardroom operator for providing the services of a
5827	dealer, table, or location for playing the authorized game.
5828	(m)  "Tournament" means a series of games that have more
5829	than one betting round involving one or more tables and where
5830	the winners or others receive a prize or cash award.
5831	(n)  "Bureau" means the Bureau of Cardrooms within the
5832	Division of Gambling Oversight of the Department of Gaming
5833	Control.
5834	(3)  CARDROOM AUTHORIZED.--Notwithstanding any other
5835	provision of law, it is not a crime for a person to participate
5836	in an authorized game at a licensed cardroom or to operate a
5837	cardroom described in this section if such game and cardroom
5838	operation are conducted strictly in accordance with the
5839	provisions of this section.
5840	(4)  AUTHORITY OF BUREAU DIVISION.--The Bureau division of
5841	Cardrooms within the Division of Gambling Oversight Pari-mutuel
5842	Wagering of the Department of Gaming Control Business and
5843	Professional Regulation shall administer this section and
5844	regulate the operation of cardrooms under this section and the
5845	rules adopted pursuant thereto, and is hereby authorized to:
5846	(a)  Adopt rules, including, but not limited to: the
5847	issuance of cardroom and employee licenses for cardroom
5848	operations; the operation of a cardroom; recordkeeping and
5849	reporting requirements; and the collection of all fees and taxes
5850	imposed by this section.
5851	(b)  Conduct investigations and monitor the operation of
5852	cardrooms and the playing of authorized games therein.
5853	(c)  Review the books, accounts, and records of any current
5854	or former cardroom operator.
5855	(d)  Suspend or revoke any license or permit, after
5856	hearing, for any violation of the provisions of this section or
5857	the administrative rules adopted pursuant thereto.
5858	(e)  Take testimony, issue summons and subpoenas for any
5859	witness, and issue subpoenas duces tecum in connection with any
5860	matter within its jurisdiction.
5861	(f)  Monitor and ensure the proper collection of taxes and
5862	fees imposed by this section. Permitholder internal controls are
5863	mandated to ensure no compromise of state funds. To that end, a
5864	roaming bureau division auditor will monitor and verify the cash
5865	flow and accounting of cardroom revenue for any given operating
5866	day.
5867	(5)  LICENSE REQUIRED; APPLICATION; FEES.--A No person may
5868	not operate a cardroom in this state unless the such person
5869	holds a valid cardroom license issued pursuant to this section.
5870	(a)  Only those persons holding a valid cardroom license
5871	issued by the bureau division may operate a cardroom. A cardroom
5872	license may only be issued to a licensed pari-mutuel
5873	permitholder and an authorized cardroom may only be operated at
5874	the same facility at which the permitholder is authorized under
5875	its valid pari-mutuel wagering permit to conduct pari-mutuel
5876	wagering activities.
5877	(b)  After the initial cardroom license is granted, the
5878	application for the annual license renewal shall be made in
5879	conjunction with the applicant's annual application for its
5880	pari-mutuel license. If a permitholder has operated a cardroom
5881	during any of the 3 previous fiscal years and fails to include a
5882	renewal request for the operation of the cardroom in its annual
5883	application for license renewal, the permitholder may amend its
5884	annual application to include operation of the cardroom. In
5885	order for a cardroom license to be renewed the applicant must
5886	have requested, as part of its pari-mutuel annual license
5887	application, to conduct at least 90 percent of the total number
5888	of live performances conducted by such permitholder during
5889	either the state fiscal year in which its initial cardroom
5890	license was issued or the state fiscal year immediately prior
5891	thereto. If the application is for a harness permitholder
5892	cardroom, the applicant must have requested authorization to
5893	conduct a minimum of 140 live performances during the state
5894	fiscal year immediately prior thereto. If more than one
5895	permitholder is operating at a facility, each permitholder must
5896	have applied for a license to conduct a full schedule of live
5897	racing.
5898	(c)  Persons seeking a license or a renewal thereof to
5899	operate a cardroom shall make application on forms prescribed by
5900	the bureau division. Applications for cardroom licenses shall
5901	contain all of the information the bureau division, by rule, may
5902	determine is required to ensure eligibility.
5903	(d)  The annual cardroom license fee for each facility
5904	shall be $1,000 for each table to be operated at the cardroom.
5905	The license fee shall be deposited by the bureau division with
5906	the Chief Financial Officer to the credit of the Pari-mutuel
5907	Wagering Trust Fund.
5908	(6)  BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
5909	APPLICATION; FEES.--
5910	(a)  A person employed or otherwise working in a cardroom
5911	as a cardroom manager, floor supervisor, pit boss, dealer, or
5912	any other activity related to cardroom operations while the
5913	facility is conducting card playing or games of dominoes must
5914	hold a valid cardroom employee occupational license issued by
5915	the bureau division. Food service, maintenance, and security
5916	employees with a current pari-mutuel occupational license and a
5917	current background check will not be required to have a cardroom
5918	employee occupational license.
5919	(b)  Any cardroom management company or cardroom
5920	distributor associated with cardroom operations must hold a
5921	valid cardroom business occupational license issued by the
5922	bureau division.
5923	(c)  A No licensed cardroom operator may not employ or
5924	allow to work in a cardroom any person unless the such person
5925	holds a valid occupational license. No licensed cardroom
5926	operator may contract, or otherwise do business with, a business
5927	required to hold a valid cardroom business occupational license,
5928	unless the business holds such a valid license.
5929	(d)  The bureau division shall establish, by rule, a
5930	schedule for the annual renewal of cardroom occupational
5931	licenses. Cardroom occupational licenses are not transferable.
5932	(e)  Persons seeking cardroom occupational licenses, or
5933	renewal thereof, shall make application on forms prescribed by
5934	the bureau division. Applications for cardroom occupational
5935	licenses shall contain all of the information the bureau
5936	division, by rule, may determine is required to ensure
5937	eligibility.
5938	(f)  The bureau division shall adopt promulgate rules
5939	regarding cardroom occupational licenses. The provisions
5940	specified in s. 550.105(4), (5), (6), (7), (8), and (10)
5941	relating to licensure shall be applicable to cardroom
5942	occupational licenses.
5943	(g)  The bureau division may deny, declare ineligible, or
5944	revoke any cardroom occupational license if the applicant or
5945	holder thereof has been found guilty or had adjudication
5946	withheld in this state or any other state, or under the laws of
5947	the United States of a felony or misdemeanor involving forgery,
5948	larceny, extortion, conspiracy to defraud, or filing false
5949	reports to a government agency, racing or gaming commission or
5950	authority.
5951	(h)  Fingerprints for all cardroom occupational license
5952	applications shall be taken in a manner approved by the bureau
5953	division and then shall be submitted to the Florida Department
5954	of Law Enforcement and the Federal Bureau of Investigation for a
5955	criminal records check upon initial application and every 5
5956	years thereafter. The bureau division may by rule require an
5957	annual record check of all renewal applications for a cardroom
5958	occupational license. The cost of processing fingerprints and
5959	conducting a record check shall be borne by the applicant.
5960	(i)  The cardroom employee occupational license fee shall
5961	be $50. The cardroom business occupational license fee shall be
5962	$250.
5963	(7)  CONDITIONS FOR OPERATING A CARDROOM.--
5964	(a)  A cardroom may be operated only at the location
5965	specified on the cardroom license issued by the bureau division,
5966	and such location may only be the location at which the pari-
5967	mutuel permitholder is authorized to conduct pari-mutuel
5968	wagering activities pursuant to such permitholder's valid pari-
5969	mutuel permit or as otherwise authorized by law.
5970	(b)  Any horserace, greyhound race, or jai alai
5971	permitholder licensed under this section may operate a cardroom
5972	at the pari-mutuel facility on any day for a cumulative amount
5973	of 12 hours if the permitholder meets the requirements under
5974	paragraph (5)(b).
5975	(c)  A cardroom operator must at all times employ and
5976	provide a nonplaying dealer for each table on which authorized
5977	card games which traditionally use a dealer are conducted at the
5978	cardroom. Such dealers may not have a participatory interest in
5979	any game other than the dealing of cards and may not have an
5980	interest in the outcome of the game. The providing of such
5981	dealers by a licensee does not constitute the conducting of a
5982	banking game by the cardroom operator.
5983	(d)  A cardroom operator may award giveaways, jackpots, and
5984	prizes to a player who holds certain combinations of cards
5985	specified by the cardroom operator.
5986	(e)  Each cardroom operator shall conspicuously post upon
5987	the premises of the cardroom a notice which contains a copy of
5988	the cardroom license; a list of authorized games offered by the
5989	cardroom; the wagering limits imposed by the house, if any; any
5990	additional house rules regarding operation of the cardroom or
5991	the playing of any game; and all costs to players to
5992	participate, including any rake by the house. In addition, each
5993	cardroom operator shall post at each table a notice of the
5994	minimum and maximum bets authorized at such table and the fee
5995	for participation in the game conducted.
5996	(f)  The cardroom facility is subject to inspection by the
5997	bureau division or any law enforcement agency during the
5998	licensee's regular business hours. The inspection must
5999	specifically include the permitholder internal control
6000	procedures approved by the bureau division.
6001	(g)  A cardroom operator may refuse entry to or refuse to
6002	allow any person who is objectionable, undesirable, or
6003	disruptive to play, but such refusal may not be on the basis of
6004	race, creed, color, religion, gender, national origin, marital
6005	status, physical handicap, or age, except as provided in this
6006	section.
6007	(8)  METHOD OF WAGERS; LIMITATION.--
6008	(a)  No wagering may be conducted using money or other
6009	negotiable currency. Games may only be played utilizing a
6010	wagering system whereby all players' money is first converted by
6011	the house to tokens or chips which shall be used for wagering
6012	only at that specific cardroom.
6013	(b)  The cardroom operator may limit the amount wagered in
6014	any game or series of games, but the maximum bet may not exceed
6015	$5 in value. There may not be more than three raises in any
6016	round of betting. The fee charged by the cardroom for
6017	participation in the game shall not be included in the
6018	calculation of the limitation on the bet amount provided in this
6019	paragraph. However, a cardroom operator may conduct games of
6020	Texas Hold-em without a betting limit if the required player
6021	buy-in is no more than $100.
6022	(c)  A tournament shall consist of a series of games. The
6023	entry fee for a tournament, including any re-buys, may not
6024	exceed the maximum amount that could be wagered by a participant
6025	in 10 like-kind, nontournament games under paragraph (b).
6026	Tournaments may be played only with tournament chips that are
6027	provided to all participants in exchange for an entry fee and
6028	any subsequent re-buys. All players must receive an equal number
6029	of tournament chips for their entry fee. Tournament chips have
6030	no cash value and represent tournament points only. There is no
6031	limitation on the number of tournament chips that may be used
6032	for a bet except as otherwise determined by the cardroom
6033	operator. Tournament chips may never be redeemed for cash or for
6034	any other thing of value. The distribution of prizes and cash
6035	awards must be determined by the cardroom operator before entry
6036	fees are accepted. For purposes of tournament play only, the
6037	term "gross receipts" means the total amount received by the
6038	cardroom operator for all entry fees, player re-buys, and fees
6039	for participating in the tournament less the total amount paid
6040	to the winners or others as prizes.
6041	(9)  BOND REQUIRED.--The holder of a cardroom license shall
6042	be financially and otherwise responsible for the operation of
6043	the cardroom and for the conduct of any manager, dealer, or
6044	other employee involved in the operation of the cardroom. Before
6045	Prior to the issuance of a cardroom license, each applicant for
6046	such license shall provide evidence of a surety bond in the
6047	amount of $50,000, payable to the state, furnished by a
6048	corporate surety authorized to do business in the state or
6049	evidence that the licensee's pari-mutuel bond required by s.
6050	550.125 has been expanded to include the applicant's cardroom
6051	operation. The bond shall guarantee that the cardroom operator
6052	will redeem, for cash, all tokens or chips used in games. Such
6053	bond shall be kept in full force and effect by the operator
6054	during the term of the license.
6055	(10)  FEE FOR PARTICIPATION.--The cardroom operator may
6056	charge a fee for the right to participate in games conducted at
6057	the cardroom. Such fee may be either a flat fee or hourly rate
6058	for the use of a seat at a table or a rake subject to the posted
6059	maximum amount but may not be based on the amount won by
6060	players. The rake-off, if any, must be made in an obvious manner
6061	and placed in a designated rake area which is clearly visible to
6062	all players. Notice of the amount of the participation fee
6063	charged shall be posted in a conspicuous place in the cardroom
6064	and at each table at all times.
6065	(11)  RECORDS AND REPORTS.--
6066	(a)  Each licensee operating a cardroom shall keep and
6067	maintain permanent daily records of its cardroom operation and
6068	shall maintain such records for a period of not less than 3
6069	years. These records shall include all financial transactions
6070	and contain sufficient detail to determine compliance with the
6071	requirements of this section. All records shall be available for
6072	audit and inspection by the bureau division or other law
6073	enforcement agencies during the licensee's regular business
6074	hours. The information required in such records shall be
6075	determined by bureau division rule.
6076	(b)  Each licensee operating a cardroom shall file with the
6077	bureau division a report containing the required records of such
6078	cardroom operation. Such report shall be filed monthly by
6079	licensees. The required reports shall be submitted on forms
6080	prescribed by the bureau division and shall be due at the same
6081	time as the monthly pari-mutuel reports are due to the bureau
6082	division, and such reports shall contain any additional
6083	information deemed necessary by the bureau division, and the
6084	reports shall be deemed public records once filed.
6085	(12)  PROHIBITED ACTIVITIES.--
6086	(a)  A No person licensed to operate a cardroom may not
6087	conduct any banking game or any game not specifically authorized
6088	by this section.
6089	(b)  A No person younger than under 18 years of age may not
6090	be permitted to hold a cardroom or employee license, or engage
6091	in any game conducted therein.
6092	(c)  No Electronic or mechanical devices, except mechanical
6093	card shufflers, may not be used to conduct any authorized game
6094	in a cardroom.
6095	(d)  No Cards, game components, or game implements may not
6096	be used in playing an authorized game unless such has been
6097	furnished or provided to the players by the cardroom operator.
6098	(13)  TAXES AND OTHER PAYMENTS.--
6099	(a)  Each cardroom operator shall pay a tax to the state of
6100	10 percent of the cardroom operation's monthly gross receipts.
6101	(b)  An admission tax equal to 15 percent of the admission
6102	charge for entrance to the licensee's cardroom facility, or 10
6103	cents, whichever is greater, is imposed on each person entering
6104	the cardroom. This admission tax shall apply only if a separate
6105	admission fee is charged for entry to the cardroom facility. If
6106	a single admission fee is charged which authorizes entry to both
6107	or either the pari-mutuel facility and the cardroom facility,
6108	the admission tax shall be payable only once and shall be
6109	payable pursuant to chapter 550. The cardroom licensee shall be
6110	responsible for collecting the admission tax. An admission tax
6111	is imposed on any free passes or complimentary cards issued to
6112	guests by licensees in an amount equal to the tax imposed on the
6113	regular and usual admission charge for entrance to the
6114	licensee's cardroom facility. A cardroom licensee may issue tax-
6115	free passes to its officers, officials, and employees or other
6116	persons actually engaged in working at the cardroom, including
6117	accredited press representatives such as reporters and editors,
6118	and may also issue tax-free passes to other cardroom licensees
6119	for the use of their officers and officials. The licensee shall
6120	file with the bureau division a list of all persons to whom tax-
6121	free passes are issued.
6122	(c)  Payment of the admission tax and gross receipts tax
6123	imposed by this section shall be paid to the bureau division.
6124	The bureau division shall deposit these sums with the Chief
6125	Financial Officer, one-half being credited to the Pari-mutuel
6126	Wagering Trust Fund and one-half being credited to the General
6127	Revenue Fund. The cardroom licensee shall remit to the bureau
6128	division payment for the admission tax, the gross receipts tax,
6129	and the licensee fees. Such payments shall be remitted to the
6130	bureau division on the fifth day of each calendar month for
6131	taxes and fees imposed for the preceding month's cardroom
6132	activities. Licensees shall file a report under oath by the
6133	fifth day of each calendar month for all taxes remitted during
6134	the preceding calendar month. Such report shall, under oath,
6135	indicate the total of all admissions, the cardroom activities
6136	for the preceding calendar month, and such other information as
6137	may be prescribed by the bureau division.
6138	(d)  Each greyhound and jai alai permitholder that operates
6139	a cardroom facility shall use at least 4 percent of such
6140	permitholder's cardroom monthly gross receipts to supplement
6141	greyhound purses or jai alai prize money, respectively, during
6142	the permitholder's next ensuing pari-mutuel meet. Each
6143	thoroughbred and harness horse racing permitholder that operates
6144	a cardroom facility shall use at least 50 percent of such
6145	permitholder's cardroom monthly net proceeds as follows: 47
6146	percent to supplement purses and 3 percent to supplement
6147	breeders' awards during the permitholder's next ensuing racing
6148	meet.
6149	(e)  The failure of any licensee to make payments as
6150	prescribed in paragraph (c) is a violation of this section, and
6151	the licensee may be subjected by the bureau division to a civil
6152	penalty of up to $1,000 for each day the tax payment is not
6153	remitted. All penalties imposed and collected shall be deposited
6154	in the General Revenue Fund. If a licensee fails to pay
6155	penalties imposed by order of the bureau division under this
6156	subsection, the bureau division may suspend or revoke the
6157	license of the cardroom operator or deny issuance of any further
6158	license to the cardroom operator.
6159	(f)  The cardroom shall be deemed an accessory use to a
6160	licensed pari-mutuel operation and, except as provided in
6161	chapter 550, a municipality, county, or political subdivision
6162	may not assess or collect any additional license tax, sales tax,
6163	or excise tax on such cardroom operation.
6164	(g)  All of the moneys deposited in the Pari-mutuel
6165	Wagering Trust Fund, except as set forth in paragraph (h), shall
6166	be utilized and distributed in the manner specified in s.
6167	550.135(1) and (2). However, cardroom tax revenues shall be kept
6168	separate from pari-mutuel tax revenues and shall not be used for
6169	making the disbursement to counties provided in former s.
6170	550.135(1).
6171	(h)  One-quarter of the moneys deposited into the Pari-
6172	mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
6173	October 1 of each year, be distributed to the local government
6174	that approved the cardroom under subsection (16); however, if
6175	two or more pari-mutuel racetracks are located within the same
6176	incorporated municipality, the cardroom funds shall be
6177	distributed to the municipality. If a pari-mutuel facility is
6178	situated in such a manner that it is located in more than one
6179	county, the site of the cardroom facility shall determine the
6180	location for purposes of disbursement of tax revenues under this
6181	paragraph. The bureau division shall, by September 1 of each
6182	year, determine: the amount of taxes deposited into the Pari-
6183	mutuel Wagering Trust Fund pursuant to this section from each
6184	cardroom licensee; the location by county of each cardroom;
6185	whether the cardroom is located in the unincorporated area of
6186	the county or within an incorporated municipality; and, the
6187	total amount to be distributed to each eligible county and
6188	municipality.
6189	(14)  SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.--
6190	(a)  The bureau division may deny a license or the renewal
6191	thereof, or may suspend or revoke any license, when the
6192	applicant has: violated or failed to comply with the provisions
6193	of this section or any rules adopted pursuant thereto; knowingly
6194	caused, aided, abetted, or conspired with another to cause any
6195	person to violate this section or any rules adopted pursuant
6196	thereto; or obtained a license or permit by fraud,
6197	misrepresentation, or concealment; or if the holder of such
6198	license or permit is no longer eligible under this section.
6199	(b)  If a pari-mutuel permitholder's pari-mutuel permit or
6200	license is suspended or revoked by the bureau division pursuant
6201	to chapter 550, the bureau division may, but is not required to,
6202	suspend or revoke such permitholder's cardroom license. If a
6203	cardroom operator's license is suspended or revoked pursuant to
6204	this section, the bureau division may, but is not required to,
6205	suspend or revoke such licensee's pari-mutuel permit or license.
6206	(c)  Notwithstanding any other provision of this section,
6207	the bureau division may impose an administrative fine not to
6208	exceed $1,000 for each violation against any person who has
6209	violated or failed to comply with the provisions of this section
6210	or any rules adopted pursuant thereto.
6211	(15)  CRIMINAL PENALTY; INJUNCTION.--
6212	(a)1.  Any person who operates a cardroom without a valid
6213	license issued as provided in this section commits a felony of
6214	the third degree, punishable as provided in s. 775.082, s.
6215	775.083, or s. 775.084.
6216	2.  Any licensee or permitholder who violates any provision
6217	of this section commits a misdemeanor of the first degree,
6218	punishable as provided in s. 775.082 or s. 775.083. Any licensee
6219	or permitholder who commits a second or subsequent violation of
6220	the same paragraph or subsection within a period of 3 years from
6221	the date of a prior conviction for a violation of such paragraph
6222	or subsection commits a felony of the third degree, punishable
6223	as provided in s. 775.082, s. 775.083, or s. 775.084.
6224	(b)  The bureau division, any state attorney, the statewide
6225	prosecutor, or the Attorney General may apply for a temporary or
6226	permanent injunction restraining further violation of this
6227	section, and such injunction shall issue without bond.
6228	(16)  LOCAL GOVERNMENT APPROVAL.--The bureau division of
6229	Pari-mutuel Wagering may shall not issue any initial license
6230	under this section except upon proof in such form as the bureau
6231	division may prescribe that the local government where the
6232	applicant for such license desires to conduct cardroom gaming
6233	has voted to approve such activity by a majority vote of the
6234	governing body of the municipality or the governing body of the
6235	county if the facility is not located in a municipality.
6236	(17)  CHANGE OF LOCATION; REFERENDUM.--
6237	(a)  Notwithstanding any provisions of this section, no
6238	cardroom gaming license issued under this section shall be
6239	transferred, or reissued when such reissuance is in the nature
6240	of a transfer, so as to permit or authorize a licensee to change
6241	the location of the cardroom except upon proof in such form as
6242	the bureau division may prescribe that a referendum election has
6243	been held:
6244	1.  If the proposed new location is within the same county
6245	as the already licensed location, in the county where the
6246	licensee desires to conduct cardroom gaming and that a majority
6247	of the electors voting on the question in such election voted in
6248	favor of the transfer of such license. However, the bureau
6249	division shall transfer, without requirement of a referendum
6250	election, the cardroom license of any permitholder that
6251	relocated its permit pursuant to s. 550.0555.
6252	2.  If the proposed new location is not within the same
6253	county as the already licensed location, in the county where the
6254	licensee desires to conduct cardroom gaming and that a majority
6255	of the electors voting on that question in each such election
6256	voted in favor of the transfer of such license.
6257	(b)  The expense of each referendum held under the
6258	provisions of this subsection shall be borne by the licensee
6259	requesting the transfer.
6260	Section 99.  Subsection (10) of section 849.094, Florida
6261	Statutes, is amended to read:
6262	849.094  Game promotion in connection with sale of consumer
6263	products or services.--
6264	(10)  This section does not apply to actions or
6265	transactions regulated by the Department of Gaming Control
6266	Business and Professional Regulation or to the activities of
6267	nonprofit organizations or to any other organization engaged in
6268	any enterprise other than the sale of consumer products or
6269	services. Subsections (3), (4), (5), (6), and (7) and paragraph
6270	(8)(a) and any of the rules made pursuant thereto do not apply
6271	to television or radio broadcasting companies licensed by the
6272	Federal Communications Commission.
6273	Section 100.  Section 849.161, Florida Statutes, is amended
6274	to read:
6275	849.161  Amusement games or machines; when chapter
6276	inapplicable.--
6277	(1)(a)1.  Nothing contained in This chapter does not apply
6278	shall be taken or construed as applicable to an arcade amusement
6279	center or any retail dealer who operates as a truck stop,
6280	operates a minimum of six functional diesel fuel pumps, and has
6281	having amusement games or machines that which operate by means
6282	of the insertion of a coin or other currency and that which by
6283	application of skill may entitle the person playing or operating
6284	the game or machine to receive points or coupons that which may
6285	be exchanged for merchandise limited to noncash prizes, toys,
6286	novelties, and Florida lottery products only, excluding cash and
6287	alcoholic beverages, provided the cost value of the merchandise
6288	or prize awarded in exchange for such points or coupons does not
6289	exceed 75 cents on any game played.
6290	2.  Nothing contained in this chapter shall be taken or
6291	construed as applicable to any retail dealer who operates as a
6292	truck stop, as defined in chapter 336 and which operates a
6293	minimum of 6 functional diesel fuel pumps, having amusement
6294	games or machines which operate by means of the insertion of a
6295	coin or other currency and which by application of skill may
6296	entitle the person playing or operating the game or machine to
6297	receive points or coupons which may be exchanged for merchandise
6298	limited to noncash prizes, toys, novelties, and Florida Lottery
6299	products, excluding alcoholic beverages, provided the cost value
6300	of the merchandise or prize awarded in exchange for such points
6301	or coupons does not exceed 75 cents on any game played. This
6302	paragraph subparagraph applies only to games and machines that
6303	which are operated for the entertainment of the general public
6304	and tourists as bona fide amusement games or machines. This
6305	subsection does shall not apply, however, to any game or device
6306	defined as a gambling device in 24 U.S.C. s. 1171, which
6307	requires identification of each device by permanently affixing
6308	seriatim numbering and name, trade name, and date of manufacture
6309	under s. 1173, and registration with the United States Attorney
6310	General, unless excluded from applicability of the chapter under
6311	s. 1178. This subsection does shall not be construed to
6312	authorize video poker games or any other game or machine that
6313	may be construed as a gambling device under Florida law.
6314	(b)  Nothing in This subsection does not apply shall be
6315	taken or construed as applicable to a coin-operated game or
6316	device designed and manufactured only for bona fide amusement
6317	purposes which game or device may by application of skill
6318	entitle the player to replay the game or device at no additional
6319	cost, if the game or device: can accumulate and react to no more
6320	than 15 free replays; can be discharged of accumulated free
6321	replays only by reactivating the game or device for one
6322	additional play for such accumulated free replay; can make no
6323	permanent record, directly or indirectly, of free replays; and
6324	is not classified by the United States as a gambling device in
6325	24 U.S.C. s. 1171, which requires identification of each device
6326	by permanently affixing seriatim numbering and name, trade name,
6327	and date of manufacture under s. 1173, and registration with the
6328	United States Attorney General, unless excluded from
6329	applicability of the chapter under s. 1178. This subsection does
6330	shall not be construed to authorize video poker games, or any
6331	other game or machine that may be construed as a gambling device
6332	under Florida law.
6333	(2)  As used in this section, the term:
6334	(a)  "Arcade amusement center" as used in this section
6335	means a place of business licensed by the department having at
6336	least 50 coin-operated amusement games or machines on premises
6337	which are operated for the entertainment of the general public
6338	and tourists as a bona fide amusement facility.
6339	(b)  "Application of skill" means that the playing public
6340	may attain, through the exercise of skill or judgment, a better
6341	measure of success in playing the game than could be
6342	mathematically expected on the basis of random chance alone.
6343	(c)  "Department" means the Department of Gaming Control.
6344	(3)  The department shall adopt, pursuant to ss. 120.536(1)
6345	and 120.54, all rules necessary to implement, administer, and
6346	regulate skill-based gaming as authorized in this section. Such
6347	rules must include:
6348	(a)  Technical requirements, qualifications, and procedures
6349	necessary to receive a skill-based gaming license.
6350	(b)  Procedures to scientifically test and technically
6351	evaluate skill-based machines for compliance with this section.
6352	The department may contract with an independent testing
6353	laboratory to conduct any necessary testing under this section.
6354	The independent testing laboratory must have a national
6355	reputation for testing skill-based machines, and be demonstrably
6356	competent and qualified to scientifically test and evaluate
6357	skill-based machines for compliance with this section and to
6358	otherwise perform the functions assigned to it in this section.
6359	A licensee may not own or control an independent testing
6360	laboratory. The use of an independent testing laboratory for any
6361	purpose related to the conduct of skill-based gaming by a
6362	licensee shall be made from a list of one or more laboratories
6363	approved by the department.
6364	(c)  Procedures relating to machine revenues, including
6365	verifying and accounting for such revenues, auditing, and
6366	collecting taxes and fees consistent with this section.
6367	(d)  Procedures for regulating, managing, and auditing the
6368	operation, financial data, and program information relating to
6369	skill-based machine gaming which allow the department to audit
6370	the operation, financial data, and program information of a
6371	licensee, as required by the department, and provide the
6372	department with the ability to monitor, at any time on a real-
6373	time basis, wagering patterns, payouts, tax collection, and
6374	compliance with any rules adopted by the department for the
6375	regulation and control of machines operated under this section.
6376	(e)  Procedures for requiring licensees to maintain
6377	specified records and submit any data, information, record, or
6378	report, including financial and income records, required by this
6379	section or determined by the department to be necessary to the
6380	proper implementation and enforcement of this section.
6381	(f)  Minimum standards for security of the facilities.
6382	(4)  The department shall conduct such investigations
6383	necessary to fulfill its responsibilities under the provisions
6384	of this section.
6385	(5)  The department and local law enforcement agencies
6386	shall have concurrent jurisdiction to investigate criminal
6387	violations of this section and may investigate any other
6388	criminal violation of law occurring at the facilities of a
6389	licensee, and such investigations may be conducted in
6390	conjunction with the appropriate state attorney.
6391	(6)(a)  The department and local law enforcement agencies
6392	shall have unrestricted access to a licensee's facility at all
6393	times and shall require of each licensee strict compliance with
6394	the laws of this state relating to the transaction of such
6395	business. The department and local law enforcement agencies may:
6396	1.  Inspect and examine premises where skill-based machines
6397	are offered for play.
6398	2.  Inspect skill-based machines and related equipment and
6399	supplies.
6400	(b)  In addition, the department may:
6401	1.  Collect taxes, assessments, fees, and penalties.
6402	2.  Deny, revoke, suspend, or place conditions on the
6403	license of a person who violates any provision of this section
6404	or rule adopted pursuant thereto.
6405	3.  Revoke or suspend the license of any person who is no
6406	longer qualified or who is found, after receiving a license, to
6407	have been unqualified at the time of application for the
6408	license.
6409	(7)  This section does not:
6410	(a)  Prohibit the department or any law enforcement
6411	authority from conducting investigations of criminal activities
6412	occurring at the facility of a licensee;
6413	(b)  Restrict access to the licensee's facility by the
6414	department or any law enforcement authority; or
6415	(c)  Restrict access by the department or law enforcement
6416	authorities to information and records necessary to the
6417	investigation of criminal activity which are contained within
6418	the licensee's facility.
6419	(8)(a)  Upon submission of the initial application for a
6420	license as a skill-based machine operator and annually
6421	thereafter, on the anniversary date of the issuance of the
6422	initial license, the operator shall pay to the Division of
6423	Licensing and Enforcement a nonrefundable license fee to be
6424	determined by the division for the following 12 months of
6425	licensure. The license fee shall be deposited into the Pari-
6426	mutuel Wagering Trust Fund of the department to be used for
6427	investigations, regulation of the machines, and enforcement of
6428	this section. These payments shall be accounted for separately
6429	from taxes or fees paid pursuant to chapters 550 and 551.
6430	(b)  Before January 1, 2009, the Division of Licensing and
6431	Enforcement shall evaluate the license fee and shall make
6432	recommendations to the President of the Senate and the Speaker
6433	of the House of Representatives regarding the optimum level of
6434	operator license fees in order to adequately support the
6435	regulatory program.
6436	(9)(a)  The tax rate on skill-based machine revenues at
6437	each facility shall be 15 percent.
6438	(b)  The tax imposed by this section shall be paid to the
6439	department for deposit into the Florida Gaming Trust Fund and
6440	subject to annual appropriation by the Legislature.
6441	(10)  The licensee shall remit to the Division of Licensing
6442	and Enforcement payment for the tax on skill-based machine
6443	revenues. Such payments shall be remitted by 3 p.m. Wednesday of
6444	each week for taxes imposed and collected for the preceding week
6445	ending on Sunday. The operator shall file a report under oath by
6446	the 5th day of each calendar month for all taxes remitted during
6447	the preceding calendar month. Such payments shall be accompanied
6448	by a report under oath showing all machine activities for the
6449	preceding calendar month and such other information as may be
6450	prescribed by the Division of Licensing and Enforcement.
6451	(11)  An operator who fails to make tax payments as
6452	required under this section is subject to an administrative
6453	penalty of up to $10,000 for each day the tax payment is not
6454	remitted. All administrative penalties imposed and collected
6455	shall be deposited into the Florida Gaming Trust Fund. If any
6456	licensee fails to pay penalties imposed by order of the Division
6457	of Licensing and Enforcement under this subsection, the division
6458	may suspend, revoke, or refuse to renew the license of the
6459	licensee.
6460	(12)  The Division of Licensing and Enforcement may require
6461	operators to remit taxes, fees, fines, and assessments by
6462	electronic funds transfer.
6463	Section 101.  Subsection (7) of section 943.0311, Florida
6464	Statutes, is amended to read:
6465	943.0311  Chief of Domestic Security; duties of the
6466	department with respect to domestic security.--
6467	(7)  As used in this section, the term "state agency"
6468	includes the Agency for Health Care Administration, the Agency
6469	for Workforce Innovation, the Department of Agriculture and
6470	Consumer Services, the Department of Business and Professional
6471	Regulation, the Department of Children and Family Services, the
6472	Department of Citrus, the Department of Community Affairs, the
6473	Department of Corrections, the Department of Education, the
6474	Department of Elderly Affairs, the Department of Environmental
6475	Protection, the Department of Financial Services, the Department
6476	of Health, the Department of Highway Safety and Motor Vehicles,
6477	the Department of Juvenile Justice, the Department of Law
6478	Enforcement, the Department of Legal Affairs, the Department of
6479	Management Services, the Department of Military Affairs, the
6480	Department of Revenue, the Department of State, the Department
6481	of Gaming Control the Lottery, the Department of Transportation,
6482	the Department of Veterans' Affairs, the Fish and Wildlife
6483	Conservation Commission, the Parole Commission, the State Board
6484	of Administration, and the Executive Office of the Governor.
6485	Section 102.  This act shall take effect July 1, 2008, if
6486	HB 1387, or similar legislation creating the Florida Gaming
6487	Trust Fund, is adopted in the same legislative session or an
6488	extension thereof and becomes law.

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