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)
    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.
   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.