Florida Senate - 2018                                    SB 1770
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00503A-18                                          20181770__
    1                        A bill to be entitled                      
    2         An act relating to gaming machines or devices;
    3         amending s. 546.10, F.S.; providing civil penalties;
    4         amending s. 849.16, F.S.; revising the definition of
    5         the term “slot machine or device”; providing an
    6         effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (10) is added to section 546.10,
   11  Florida Statutes, to read:
   12         546.10 Amusement games or machines.—
   13         (10) A person who violates this section in a manner that
   14  infringes upon exclusivity provided to a federally recognized
   15  tribal government pursuant to a gaming compact with the state is
   16  liable to the tribal government for minimum damages in the
   17  amount of $10,000 per amusement game or machine operated in
   18  violation of this section and reasonable attorney fees.
   19         Section 2. Subsection (1) of section 849.16, Florida
   20  Statutes, is amended to read:
   21         849.16 Machines or devices which come within provisions of
   22  law defined.—
   23         (1) As used in this chapter, the term “slot machine or
   24  device” means any machine or device or system or network of
   25  devices that is adapted for use in such a way that, upon
   26  activation, which may be achieved by, but is not limited to, the
   27  insertion of any piece of money, coin, account number, code, or
   28  other object or information, such device or system is directly
   29  or indirectly caused to operate or may be operated and if the
   30  user, whether by application of skill or by reason of any
   31  element of chance or any other outcome unpredictable by the
   32  user, regardless of whether the machine or device or system or
   33  network of devices includes a preview of the outcome or whether
   34  the outcome is known, displayed, or capable of being known or
   35  displayed to the user, may:
   36         (a) Receive or become entitled to receive any piece of
   37  money, credit, allowance, or thing of value;, or any check,
   38  slug, token, or memorandum, whether of value or otherwise, which
   39  may be exchanged for any money, credit, allowance, or thing of
   40  value or which may be given in trade; or the opportunity to
   41  purchase a subsequently displayed outcome that may have a
   42  monetary value, regardless of whether such value is equal to,
   43  greater than, or less than the cost of purchasing such outcome;
   44  or
   45         (b) Secure additional chances or rights to use such
   46  machine, apparatus, or device, even though the device or system
   47  may be available for free play or, in addition to any element of
   48  chance or unpredictable outcome of such operation, may also
   49  sell, deliver, or present some merchandise, indication of
   50  weight, entertainment, or other thing of value. The term “slot
   51  machine or device” includes, but is not limited to, devices
   52  regulated as slot machines pursuant to chapter 551. A machine or
   53  device or system or network of devices that meets the definition
   54  of “class III gaming” under the federal Indian Gaming Regulatory
   55  Act of 1988, 25 U.S.C. s. 2703, is considered a “slot machine or
   56  device” for purposes of this chapter.
   57         Section 3. This act shall take effect July 1, 2018.