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.