Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 666
Barcode 259700
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Governmental Oversight and Accountability
(Ring) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 5510 and 5511
4 insert:
5 Section 75. Section 849.48, Florida Statutes, is created to
6 read:
7 849.48 Gambling operator, manufacturer, distributor
8 licenses; application; qualifications; fees; renewal;
9 duplicates.—
10 (1)(a) Unless exempt under the rules of the Department of
11 Gaming Control, each person, firm, association, partnership, or
12 corporate entity that seeks to operate a gambling business or to
13 allow gambling to occur on its premises must obtain a license
14 from the department. Any person, firm, association, partnership,
15 or corporate entity owning, leasing, furnishing, manufacturing,
16 distributing, or operating gambling devices must obtain a
17 license from the Department of Gaming Control.
18 (b) An application for a license must be made on a form
19 adopted by rule of the department. The form must require the
20 applicant to set forth the name under which the applicant
21 transacts or intends to transact business, the address of the
22 location of the applicant’s place of business, and any other
23 information the department requires. If the applicant has, or
24 intends to have, more than one place of business where gambling
25 will occur or gambling devices will be located, a separate
26 application must be made for each place of business. If the
27 applicant is a firm, association, partnership, or corporate
28 entity, the application must set forth the names and addresses
29 of the persons owning more than 5 percent of, or exercising any
30 decisionmaking control over, the business. If the applicant is a
31 corporate entity, the application must additionally set forth
32 the names and addresses of the principal officers of the
33 corporation. The application must also set forth any other
34 information prescribed by the department for the purpose of
35 identifying the applicant, its owners, or its decisionmaking
36 principals. The application must be signed and verified by oath
37 or affirmation by the owner. If the owner is a firm,
38 association, or partnership, the application must be signed by
39 the members or partners thereof, or, if the owner is a corporate
40 entity, by a decisionmaking principal authorized by the entity
41 to sign the application, together with the written evidence of
42 the principal’s authority. The application must be accompanied
43 by the annual license fee prescribed by the department.
44 (c) Licenses shall be issued annually, upon payment of the
45 annual license fee prescribed by the department. The department
46 shall fix the fee in an amount sufficient to meet the costs of
47 carrying out its licensing, enforcement, and administrative
48 responsibilities under this chapter, but the fee may not exceed
49 $1,000. The proceeds of the fee shall be deposited into the
50 Department of Gaming Control Trust Fund.
51 (d) The holder of a license may renew the license each
52 year, on or before January 15, upon payment of the annual
53 license fee. A licensee that does not timely renew its license
54 must pay a delinquent renewal fee of $500 for each month or
55 portion of a month occurring after expiration, and before
56 renewal, of the license.
57 (e) The department may not grant an exemption from the
58 license fees prescribed in this subsection to any applicant.
59 (f) The department shall establish a procedural rule that,
60 to the greatest extent possible, provides for the Department of
61 Law Enforcement to conduct background investigations for the
62 initial licensing and licensing renewals.
63 (2)(a) A license may be issued only to a person who is at
64 least 18 years of age or to a corporation having officers who
65 are at least 18 years of age.
66 (b) The department may refuse to issue a license to:
67 1. Any person, firm, association, partnership, or corporate
68 entity whose license has been revoked by the department;
69 2. Any corporation having an officer whose license has been
70 revoked by the department; or
71 3. Any person who is or has been an officer of a
72 corporation whose license has been revoked by the department or
73 who is or has been an officer of a corporation whose license
74 relating to gambling activities has been revoked in another
75 jurisdiction.
76 (c) The department shall revoke any license issued to a
77 firm, association, partnership, or corporate entity that is
78 prohibited from licensure under this section.
79 (3) Upon approval of an application for a license, the
80 Department of Gaming Control shall issue to the applicant a
81 license for the place of business or premises specified in the
82 application. A license is not assignable and is valid only for
83 the person in whose name the license is issued and for the place
84 designated in the license. The license must be conspicuously
85 displayed at all times at the place for which issued.
86 (4) If a license has been destroyed or lost, the licensee
87 may apply to the Department of Gaming Control for the issuance
88 of a duplicate license. The department shall issue a duplicate
89 license upon payment of a $150 fee, which the department shall
90 deposit into the Department of Gaming Control Trust Fund.
91
92 ================= T I T L E A M E N D M E N T ================
93 And the title is amended as follows:
94 Delete line 83
95 and insert:
96 changes made by the act; creating s. 849.48, F.S.;
97 requiring that a person or entity seeking to operate a
98 gambling business, to allow gambling on the person’s
99 or entity’s premises, or to lease, manufacture, or
100 distribute gambling devices apply for licensure from
101 the Department of Gaming Control; providing for the
102 application to be made on a form adopted by rule of
103 the Department of Gaming Control; specifying the
104 maximum annual licensure fee; providing for the
105 deposit of the fees into a certain trust fund;
106 providing for a fine if the licenseholder does not
107 renew the license by a certain date each year;
108 prohibiting the department from granting an exemption
109 from the license fees; requiring the Department of
110 Gaming Control to work with the Department of Law
111 Enforcement to conduct background investigations of
112 applicants for a license; providing for a minimum age
113 for the license; specifying grounds for the Department
114 of Gaming Control to revoke or deny a license;
115 providing that the license is valid only for the
116 person in whose name the license is issued and for the
117 place designated in the license; providing an
118 effective date.