Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SPB 7088
       
       
       
       
       
       
                                Ì383092*Î383092                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/10/2015           .                                
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       The Committee on Regulated Industries (Abruzzo, Latvala,
       Richter, and Sachs) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 39 - 45
    4  and insert:
    5  Gaming Compact may also be amended to exempt slot machine gaming
    6  conducted by slot machine licensees authorized pursuant to s.
    7  551.102(4)(c) from the Tribe’s exclusive gaming rights. If the
    8  Gaming Compact is amended to exempt such slot machine gaming,
    9  the slot machine tax payments paid by such slot machine
   10  licensees shall be allocated in the following manner:
   11         1.The division shall remit 10 percent of the slot machine
   12  tax payments to a thoroughbred facility that does not conduct
   13  slot machine gaming. The facility must use this allocation to
   14  supplement thoroughbred purses at the facility. If more than one
   15  facility is eligible for such an allocation, the division shall
   16  split equally the allocation between the eligible facilities.
   17  The remittance shall be remitted to the facility within 30 days
   18  after the conclusion of the state’s fiscal year.
   19         2.The Tribe’s revenue sharing payment shall be reduced by
   20  an amount equal to 90 percent of the slot machine taxes paid by
   21  such licensees in the preceding year.
   22         (c)The Governor is authorized and directed to cooperate
   23  with the Tribe in seeking approval of an amendment to the
   24  compact from the United States Secretary of the Interior.
   25  Notwithstanding paragraph (8)(f) and s. 285.712, the amendment
   26  of the compact to provide for the conduct of banking or banked
   27  card games and the amendment to exempt specified slot machine
   28  licensees from the Tribe’s exclusive gaming rights do not
   29  require legislative ratification if they strictly conform to
   30  this subsection.
   31         Section 2. Section 551.101, Florida Statutes, is amended to
   32  read:
   33         551.101 Slot machine gaming authorized.—Any licensed pari
   34  mutuel facility located in Miami-Dade County or Broward County
   35  existing at the time of adoption of s. 23, Art. X of the State
   36  Constitution that has conducted live racing or games during
   37  calendar years 2002 and 2003 may possess slot machines in
   38  compliance with this chapter and conduct slot machine gaming at
   39  the location where the pari-mutuel permitholder is authorized to
   40  conduct pari-mutuel wagering activities pursuant to such
   41  permitholder’s valid pari-mutuel permit provided that a majority
   42  of voters in a countywide referendum have approved slot machines
   43  at such facility in the respective county. Notwithstanding any
   44  other provision of law, it is not a crime for a person to
   45  participate in slot machine gaming at a pari-mutuel facility
   46  licensed to possess slot machines and conduct slot machine
   47  gaming or to participate in slot machine gaming described in
   48  this chapter.
   49         Section 3. Subsection (4) of section 551.102, Florida
   50  Statutes, is amended to read:
   51         551.102 Definitions.—As used in this chapter, the term:
   52         (4) “Eligible facility” means:
   53         (a) Any licensed pari-mutuel facility located in Miami-Dade
   54  County or Broward County existing at the time of adoption of s.
   55  23, Art. X of the State Constitution that has conducted live
   56  racing or games during calendar years 2002 and 2003 and has been
   57  approved by a majority of voters in a countywide referendum to
   58  have slot machines at such facility in the respective county;
   59         (b) Any licensed pari-mutuel facility located within a
   60  county as defined in s. 125.011, provided such facility has
   61  conducted live racing for 2 consecutive calendar years
   62  immediately preceding its application for a slot machine
   63  license, pays the required license fee, and meets the other
   64  requirements of this chapter; or
   65         (c)A any licensed pari-mutuel facility located in a any
   66  other county in which a majority of voters have approved slot
   67  machines at eligible such facilities in a countywide referendum
   68  held concurrently with a general election in which the offices
   69  of President and Vice President of the United States were on the
   70  ballot if the permitholder has conducted at least 250 live
   71  performances at the facility in accordance with that
   72  permitholder’s annual operating license for 25 consecutive
   73  pursuant to a statutory or constitutional authorization after
   74  the effective date of this section in the respective county,
   75  provided such facility has conducted a full schedule of live
   76  racing for 2 consecutive calendar years immediately preceding
   77  its initial application for a slot machine license, pays the
   78  required licensed fee, and meets the other requirements of this
   79  chapter. However, a license to conduct slot machine gaming may
   80  not be granted by the department pursuant to this paragraph
   81  unless the Gaming Compact between the Seminole Tribe of Florida
   82  and the State of Florida, authorized pursuant to s. 285.710, is
   83  amended to exempt the slot machine gaming conducted by slot
   84  machine licensees from the Seminole Tribe of Florida’s exclusive
   85  gaming rights.
   86         Section 4. Subsection (2) of section 551.104, Florida
   87  Statues, is amended to read:
   88         551.104 License to conduct slot machine gaming.—
   89         (2) An application may be approved by the division only
   90  after the voters of the county where the applicant’s facility is
   91  located have authorized by referendum slot machines within pari
   92  mutuel facilities in compliance with this chapter that county as
   93  specified in s. 23, Art. X of the State Constitution.
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96  And the title is amended as follows:
   97         Delete lines 1 - 12
   98  and insert:
   99         An act relating to gaming; amending s. 285.710, F.S.;
  100         authorizing and directing the Governor to execute a
  101         specified written amendment to the Gaming Compact
  102         between the Seminole Tribe of Florida and the State of
  103         Florida; providing that the compact may be amended to
  104         exempt slot machine gaming in certain circumstances;
  105         requiring slot machine tax payments paid by slot
  106         machine licensees to be allocated in a specified
  107         manner; authorizing and directing the Governor to
  108         cooperate with the Tribe in seeking approval of an
  109         amendment; providing that the amendment of the compact
  110         does not require legislative ratification in certain
  111         circumstances; amending s. 551.101, F.S.; authorizing
  112         a licensed pari-mutuel facility to possess slot
  113         machines and conduct slot machine gaming in certain
  114         circumstances; amending s. 551.102, F.S.; revising the
  115         term “eligible facility”; amending s. 551.104, F.S.;
  116         conforming a provision to a change made by this act;
  117         providing an