HB 1569

1	A bill to be entitled
2	An act relating to gaming; creating ch. 551, F.S.,
3	entitled "Slot Machines"; creating the "Florida Gaming and
4	Educational Supplement Act"; providing definitions;
5	providing powers and duties of the Division of Pari-mutuel
6	Wagering of the Department of Business and Professional
7	Regulation; providing for the division to adopt rules to
8	implement, administer, and regulate slot machine gaming;
9	authorizing the division to deny, suspend, cancel, revoke,
10	or place conditions on licenses; requiring the division to
11	authorize certain systems for pay out of jackpots;
12	authorizing the division to make investigations and
13	inspections and examinations, collect and enforce
14	collection of certain moneys, act on its own behalf, and
15	contract with third parties; providing procedures for the
16	division to license owners of eligible pari-mutuel
17	facilities; authorizing licensed owners to conduct slot
18	machine gaming; providing conditions for owner to receive
19	and maintain license; requiring passage of certain
20	referendum; providing for renewal of license; providing
21	for licensure of certain persons to participate in the
22	conduct of slot machine gaming; requiring determination of
23	suitability for licensure; providing for change in
24	ownership of a licensee; authorizing the division to adopt
25	emergency rules; authorizing the division to contract with
26	other states to provide certain investigation materials
27	related to background screening; providing suitability
28	standards for licensees and procedures for enforcement of
29	such standards; prohibiting certain relationships;
30	prohibiting certain persons from playing slot machines;
31	providing penalties for certain violations; providing
32	prohibitions against certain acts relating to required
33	documents and reports, revenues, and wagering in
34	connection with slot machines; providing penalties for
35	violations; providing for detention or arrest of person
36	committing certain violations; limiting liability of
37	certain persons detaining a person for certain violations;
38	providing penalties for resisting law enforcement officer
39	or slot machine operator; providing penalties for theft of
40	proceeds or property by certain employees; providing that
41	certain slot machines are not illegal lottery devices;
42	providing for exclusion from facilities of certain
43	persons; prohibiting minors from slot machine play;
44	requiring certain signage; providing penalties; providing
45	for withholding of winnings from a minor; providing for
46	distribution to the division of funds withheld from
47	minors; requiring certain signage relating to gambling
48	problems; providing requirements for slot machine gaming
49	areas; requiring the slot machine operator to offer
50	training and programs relating to responsible gaming;
51	authorizing the municipality to restrict hours of
52	operations; providing machine payout requirements;
53	providing for slot machine fees and taxes on machine
54	revenue; providing for appropriations by the Legislature;
55	providing for public education funding; creating a
56	Citizens Education Funding Oversight Board to attend
57	certain legislative proceedings; providing for
58	severability; amending s. 20.165, F.S.; providing for
59	appointment of the director of the Division of Pari-mutuel
60	Wagering subject to confirmation and removal by the
61	Governor and Cabinet; providing qualifications for the
62	director; providing for personnel; amending s. 849.15,
63	F.S.; providing for transportation of certain gaming
64	devices in accordance with federal law; amending s.
65	895.02, F.S.; providing that specified violations related
66	to slot machine gaming constitute racketeering activity;
67	providing that certain debt incurred in violation of
68	specified provisions relating to slot machine gaming
69	constitutes unlawful debt; providing for the amendment of
70	certain pari-mutuel licenses; providing an effective date.
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Chapter 551, Florida Statutes, consisting of
75	sections 551.101, 551.103, 551.105, 551.1071, 551.1073,
76	551.1077, 551.1079, 551.1091, 551.1111, 551.1113, 551.1115,
77	551.1119, 551.1121, 551.1123, 551.1125, 551.1131, 551.1133,
78	551.1137, 551.1139, and 551.129, is created to read:
79	CHAPTER 551
80	SLOT MACHINES
81	551.101  Popular name.--This chapter may be cited as the
82	"Florida Gaming and Educational Supplement Act."
83	551.103  Definitions.--As used in this chapter, unless the
84	context clearly requires otherwise, the term:
85	(1)  "Designated slot machine gaming areas" means those
86	areas of an eligible facility in which slot machine gaming may
87	be conducted in accordance with the provisions of this chapter
88	and may include any addition or alteration to or new structure
89	located on the premises described in the pari-mutuel permit
90	issued by the division for the conduct of pari-mutuel wagering.
91	(2)  "Distributor" means any person that sells, leases, or
92	offers or otherwise provides, distributes, or services any slot
93	machine or associated equipment for use or play of slot machines
94	in this state. A manufacturer may be a distributor within the
95	state.
96	(3)  "Division" means the Division of Pari-mutuel Wagering
97	of the Department of Business and Professional Regulation.
98	(4)  "Eligible facility" means the licensed property of any
99	pari-mutuel permitholder in Miami-Dade or Broward Counties at
100	which live racing or games were conducted during each of the
101	last 2 calendar years prior to the effective date of s. 23, Art.
102	X of the State Constitution; however, the property description
103	may be altered subject to approval from the county and
104	municipality and subject to licensure by the division.
105	(5)  "Independent testing laboratory" means a laboratory of
106	national reputation that is demonstrably competent and qualified
107	to scientifically test and evaluate slot machines for compliance
108	with this chapter and to otherwise perform the functions
109	assigned to it in this chapter. An independent testing
110	laboratory shall not be owned or controlled by a licensee. The
111	use of an independent testing laboratory for any purpose related
112	to the conduct of slot machine gaming by a licensee under this
113	chapter shall be made from a list of one or more laboratories
114	approved by the division.
115	(6)  "Institutional investor" means:
116	(a)  A public agency that administers a retirement fund for
117	the exclusive benefit of federal, state, or local public
118	employees;
119	(b)  An investment company registered under the Investment
120	Company Act of 1940, 54 stat. 789, 15 U.S.C. ss. 80a-1 et seq.;
121	(c)  A collective investment trust organized by a bank or
122	closed-end investment trust;
123	(d)  A chartered or licensed life insurance company or
124	property and casualty insurance company;
125	(e)  A banking or other chartered or licensed lending
126	institution;
127	(f)  An investment advisor registered under the Investment
128	Advisors Act of 1940, 54 stat. 847, 15 U.S.C. ss. 80B-1 et seq.;
129	or
130	(g)  Any such other entity as the division may determine
131	consistent with this chapter.
132	(7)  "Key employee" means any officer or director of any
133	entity required to be licensed pursuant to this chapter and any
134	individual who is employed in a director or department head
135	capacity with an eligible facility, slot machine owner, or slot
136	machine operator and who is empowered to make discretionary
137	decisions that regulate slot machine operations and such other
138	positions that the division shall determine, based on detailed
139	analyses of job descriptions as provided in the internal
140	controls of the licensee. All other gaming employees, unless
141	otherwise designated by the division, shall be classified as
142	non-key employees.
143	(8)  "License" means the authorization issued by the
144	division to the owner of an eligible facility to conduct slot
145	machine gaming at an eligible facility pursuant to the
146	provisions of this chapter. "License" also means authorization
147	issued by the division to a slot machine owner, manufacturer,
148	distributor, service technician, slot machine operator, or key
149	employee to participate in slot machine gaming operations at
150	eligible facilities.
151	(9)  "Licensee" means any person issued a license.
152	(10)  "Manufacturer" means any person who manufactures,
153	builds, rebuilds, fabricates, assembles, produces, programs,
154	designs, or otherwise makes modifications to any slot machine or
155	associated equipment for use or play of slot machines in this
156	state for gaming purposes. A manufacturer may be a distributor
157	within the state.
158	(11)  "Material interest" means more than 10 percent of the
159	outstanding voting securities or other ownership interests.
160	(12)  "Owner of an eligible facility" means a person or
161	group of persons acting in concert who hold a material interest
162	in the eligible facility.
163	(13)  "Progressive system" means a computerized system
164	linking slot machines in one or more licensed facilities within
165	this state and offering one or more common progressive payouts
166	based on the amounts wagered.
167	(14)  "Service technician" means any person other than a
168	distributor or manufacturer who repairs, services, inspects, or
169	examines slot machines.
170	(15)  "Slot machine" means any mechanical or electrical
171	contrivance, terminal, machine, or other device approved by the
172	division that, upon insertion of a coin, bill, ticket, token, or
173	similar object therein or upon payment of any consideration
174	whatsoever, including the use of any electronic payment system
175	except a credit card or debit card, is available to play or
176	operate, the play or operation of which, whether by reason or
177	skill or application of the element of chance, or both, may
178	deliver or entitle the person or persons playing or operating
179	the contrivance, terminal, machine, or other device to receive
180	cash or billets, tickets, tokens, or electronic credits to be
181	exchanged for cash or to receive merchandise or anything of
182	value whatsoever, whether the payoff is made automatically from
183	the machine or manually. A slot machine:
184	(a)  May utilize spinning reels or video displays, or both.
185	(b)  May or may not dispense coins, tickets, or tokens to
186	winning patrons.
187	(c)  May use an electronic credit system for receiving
188	wagers and making payouts.
189
190	The term "slot machine" includes associated equipment necessary
191	to conduct the operation of the contrivance, terminal, machine,
192	or other device.
193	(16)  "Slot machine gaming" means the use, operation,
194	offering, or conducting of slot machines at an eligible facility
195	in accordance with the provisions of this chapter.
196	(17)  "Slot machine operator" means a person employed or
197	contracted by the owner of an eligible facility to conduct slot
198	machine gaming at that eligible facility.
199	(18)  "Slot machine owner" means a person who holds a
200	material interest in the slot machines.
201	(19)  "Slot machine revenues" means the total of wagers
202	received by a slot machine less the sum of:
203	(a)  Cash or cash equivalents paid out to patrons as a
204	direct result of playing a slot machine that are paid to patrons
205	either manually or paid out by the slot machine;
206	(b)  Cash paid to purchase annuities to fund prizes payable
207	to patrons over a period of time as a direct result of playing a
208	slot machine; and
209	(c)  The cost of any personal property distributed to a
210	patron as the direct result of playing a slot machine, which
211	does not include travel expenses, food, refreshments, lodging,
212	or services.
213	551.105  Powers and duties.--
214	(1)  The division shall adopt, pursuant to the provisions
215	of chapter 120, the Administrative Procedure Act, all rules
216	necessary to implement, administer, and regulate slot machine
217	gaming as authorized in this chapter. Such rules shall include:
218	(a)  Procedures for applying for a license and seeking
219	renewal of a license, including provisions for the
220	photographing, fingerprinting, and investigation of individuals
221	and business entities as is necessary to determine suitability
222	for licensing of persons that are required to be licensed under
223	this chapter.
224	(b)  As advised by an independent testing laboratory,
225	technical requirements necessary to be licensed as a
226	distributor, manufacturer, or service technician and for the
227	approval of slot machines.
228	(c)  Procedures for collecting the tax on slot machines
229	revenues consistent with s. 551.1133.
230	(d)  Criteria for determining whether changes in ownership
231	interests in licensees are significant such that to continue the
232	license with the licensee would violate the prohibitions in ss.
233	551.1071 and 551.1073.
234	(e)  Provisions requiring licensees and former licensees to
235	maintain specified records and submit any data, information,
236	record, or report, including financial and income records,
237	required by this chapter or determined by the division to be
238	necessary to the proper implementation and enforcement of this
239	chapter.
240	(f)  A standard maintenance schedule for slot machines.
241	(g)  A compulsive gambling prevention and recovery program
242	that shall include a toll-free number, an intervention program,
243	and an education and public awareness program. The division may
244	contract with third parties to perform functions related to the
245	program. Each year, the division shall prepare a report on the
246	program, its outreach efforts, and the numbers of individuals
247	serviced in the previous year by the various aspects of the
248	program and shall submit the report to the Governor, the
249	President of the Senate, and the Speaker of the House of
250	Representatives.
251	(h)  Audit procedures for payouts and tax payments.
252	(2)  The division shall revoke or suspend, in accordance
253	with chapter 120, the license of any person who is found, after
254	receiving a license, to have failed to meet the suitability
255	requirements of s. 551.1077 at the time of the application of
256	the license.
257	(3)  The division shall conduct any investigation or cause
258	any investigation to be conducted that the division determines
259	necessary to fulfill its responsibilities under the provisions
260	of this chapter.
261	(4)  The division shall authorize progressive systems and
262	shall permit slot machines to be linked for the offering of
263	progressive jackpots.
264	(5)  The division may:
265	(a)  Inspect and examine all premises where slot machines
266	are offered for play or where slot machines or equipment are
267	manufactured, sold, or repaired.
268	(b)  Inspect all slot machines and related equipment and
269	supplies.
270	(c)  Deny, revoke, condition, or suspend, in accordance
271	with chapter 120, the license of any person who violates any
272	provision of this chapter or any rule adopted pursuant to the
273	authority granted in this chapter. This power is in addition to
274	the power granted under subsection (2).
275	(d)  Collect taxes, civil penalties, or fees owed to the
276	division, including filing a suit.
277	(e)  Act on its own behalf in any manner relative to
278	investigation, inspection, and enforcement of or for compliance
279	with this chapter.
280	(f)  Contract with third parties.
281	551.1071  License to conduct slot machine gaming.--
282	(1)(a)  Subject to the limitation in paragraph (b), upon
283	application by the owner of an eligible facility and upon a
284	finding by the division after investigation that the application
285	is complete and the owner is suitable, the division shall issue
286	a license to the owner of an eligible facility to conduct slot
287	machine gaming in the designated slot machine gaming area of
288	that owner's eligible facility. The division shall make its
289	finding concerning the completeness of the application within 30
290	days after receipt of the application and concerning whether the
291	applicant is suitable within 90 days following receipt of the
292	completed application. Once licensed, slot machine gaming may be
293	conducted subject to the requirements of this chapter and rules
294	adopted pursuant to the authority granted in this chapter.
295	(b)  An eligible facility issued a license to conduct slot
296	machine gaming shall be required to operate and make available
297	for play up to 2,500 slot machines. The eligible facility may
298	install and operate additional slot machines at that eligible
299	facility upon a determination by the division that the number of
300	additional slot machines that may be operated at the eligible
301	facility will be of benefit to economic development, employment,
302	or tourism or enhanced revenue to the state.
303	(c)  An owner of an eligible facility may contract with a
304	third-party slot machine operator to operate slot machines at an
305	eligible facility provided the slot machine operator is licensed
306	pursuant to s. 551.1073.
307	(d)  As a condition of licensing and to maintain continued
308	authority for the conduct of slot machine gaming at its
309	facility, the owner of the eligible facility shall:
310	1.  Continue to be in compliance with this chapter and
311	chapter 550.
312	2.  Conduct a full schedule of live racing or games as
313	defined by s. 550.002(11); however, a permitholder's failure to
314	conduct a full schedule of live racing or games that is the
315	direct result of fire, strike, work stoppage or other type of
316	labor dispute, or other disaster or event beyond the ability of
317	the permitholder to control shall not prevent it from receiving
318	a license and conducting slot machine gaming.
319	3.  Determine that all persons who participate in the
320	conduct of slot machine gaming at its eligible facility that are
321	required by this section to be licensed have such a license. The
322	division shall notify all licensed owners of eligible facilities
323	whenever any person once licensed as required by s. 551.1073 is
324	no longer licensed. The licensed owner of an eligible facility
325	shall not be found unsuitable or not in compliance with this
326	chapter or otherwise penalized for failure to terminate the
327	participation of any person who was licensed at the time of
328	original participation if the division has not provided the
329	notification required by this subparagraph.
330	4.  Permit unrestricted access and right of inspection by
331	the division or any agent of the division to any portion of the
332	premises of an eligible facility in which any activity relative
333	to the conduct of slot machine gaming is conducted.
334	(2)  An application may be approved by the division only
335	after approval by the voters of slot machine gaming via county
336	referendum pursuant to s. 23, Art. X of the State Constitution.
337	(3)  Once issued, the license provided for in this section
338	shall be in effect and automatically renewed annually unless
339	revoked by the division for a substantive violation of this
340	chapter or the rules adopted under this chapter.
341	(4)  The license provided for in this section shall not be
342	transferable.
343	(5)  The division shall approve the continuation of the
344	license following a change in the material interest of a
345	licensed owner of an eligible facility provided that all persons
346	holding a material interest in the licensed owner of an eligible
347	facility continue to meet the division's suitability
348	requirements and otherwise are in compliance with the provisions
349	of this chapter.
350	(6)  For the first 60 days after the effective date of this
351	chapter, owners of eligible facilities that hold current and
352	valid pari-mutuel licenses under chapter 550, after approval by
353	the voters of slot machine gaming via county referendum pursuant
354	to s. 23, Art. X of the State Constitution, may file an
355	application for a license and the division must issue such
356	license within 30 days after receipt of the completed
357	application, unless such person is currently in violation of
358	chapter 550 and there is a pending administrative action by the
359	division for violations that could result in revocation of their
360	permit or license under chapter 550.
361	(7)  After the first 60 days following the effective date
362	of this section, the provisions of subsections (2)?(6) and s.
363	551.1073 shall apply to all persons applying for a license or
364	renewal of a license under this chapter.
365	551.1073  Persons required to be licensed; conditions and
366	qualifications.--
367	(1)  In addition to the owner of the eligible facility as
368	provided in s. 551.1071, upon application and a finding by the
369	division of suitability, the following persons shall be licensed
370	by the division before any such person may participate in the
371	conduct of slot machine gaming at any eligible facility:
372	(a)  Slot machine owner.
373	(b)  Distributor.
374	(c)  Manufacturer.
375	(d)  Service technician.
376	(e)  Slot machine operator.
377	(f)  Key employee.
378	(2)  The licenses provided for in this section shall be
379	granted for a period of 5 years and shall be renewed for
380	succeeding 5-year periods upon application for such renewal
381	provided such application includes all revisions to the
382	information in the original application that are necessary to
383	maintain such information as both accurate and current and
384	provided the division continues in its finding of suitability of
385	the applicant.
386	(3)  The licenses provided for in this section shall not be
387	transferable. However, the division shall approve the
388	continuation of the license following a change in the material
389	interest of a licensed slot machine owner, distributor,
390	manufacturer, service technician, or slot machine operator
391	provided that all persons holding a material interest in that
392	licensed slot machine owner, distributor, manufacturer, service
393	technician, or slot machine operator continue to meet the
394	division's suitability requirements and otherwise are in
395	compliance with the terms of this chapter.
396	(4)  Prior to the adoption and implementation of rules and
397	procedures to be adopted under this chapter, and notwithstanding
398	any provisions of this section to the contrary, the division
399	shall determine whether the licensing standards of another state
400	or states within the United States in which an applicant for a
401	license as a manufacturer, slot machine operator, or key
402	employee of a manufacturer or slot machine operator is similarly
403	licensed are comprehensive and thorough and provide similar
404	adequate safeguards as those provided in this chapter. If the
405	division makes that determination, it shall issue a license to
406	the manufacturer, slot machine operator, or key employee of a
407	manufacturer or slot machine operator who holds a similar
408	license in such other jurisdiction after conducting an
409	evaluation of information relating to the applicant from such
410	other jurisdiction and evaluating other information related to
411	the applicant received from that jurisdiction and other
412	jurisdictions in which it may be licensed. The division shall
413	complete its evaluation as set forth in this subsection within
414	30 days following receipt of a request for a determination and
415	issuance of a license. A license issued pursuant to this
416	subsection shall expire 18 months following issuance of the
417	license.
418	(5)  In order to expedite the operations of slot machines
419	pursuant to the provisions of this chapter, any slot machines
420	that have been approved or licensed for use in Nevada, New
421	Jersey, or Mississippi are hereby deemed to be approved or
422	licensed for use at eligible facilities in this state, subject
423	to the payment of all fees required under this chapter and the
424	filing of the certification from such state or states that
425	verify approval or licensure.
426	(6)  In order to expedite the licensing required by this
427	chapter, the division may make use of the emergency rulemaking
428	process described in s. 120.54 to adopt the initial licensing
429	rules. The Legislature finds that such emergency rulemaking
430	power is necessary for the preservation of the rights and
431	welfare of the people in order to provide additional funds to
432	benefit the public. Therefore, in adopting such emergency rules,
433	the department need not make the findings required by s.
434	120.54(4)(a). Emergency rules adopted under this section are
435	exempt from s. 120.54(4)(c) and shall remain in effect until
436	replaced by other emergency rules or by rules adopted under the
437	nonemergency rulemaking procedures of the Administrative
438	Procedure Act.
439	(7)  In order to expedite the licensing required by this
440	chapter, the division may contract with public regulators in
441	other states with slot machine gaming to assist in the
442	background investigations of applicants for licenses. Such out-
443	of-state regulators shall assist only in the compilation of
444	investigatory materials and shall not make any final
445	determination as to the actual licensing process set forth in
446	this chapter. Such investigatory materials shall be forwarded to
447	the division for its evaluation and application of the licensing
448	standards in this chapter and the determination of fitness and
449	suitability for licensing. The division may compensate such out-
450	of-state regulators from funds appropriated to it by the
451	Legislature for the background investigations conducted under
452	this subsection.
453	551.1077  Suitability standards for licensees.--
454	(1)  No applicant shall be granted a license under this
455	chapter unless the applicant has demonstrated to the division
456	that he or she is suitable for licensing.
457	(2)  For purposes of this chapter, the term "suitable for
458	licensing" means:
459	(a)  The applicant is a person of good character, honesty,
460	and integrity.
461	(b)  The applicant has never been convicted of:
462	1.  Any felony in this state;
463	2.  Any felony in any other state that would be a felony if
464	committed in this state under the laws of this state;
465	3.  Any felony under the laws of the United States;
466	4.  Any gambling-related misdemeanor under the laws of
467	another state that would be a felony under the laws of this
468	state if committed in this state; or
469	5.  Bookmaking as defined in s. 849.25.
470	(c)  The applicant is a person whose prior activities,
471	reputation, habits, and associations do not pose a threat to the
472	public interest or to the effective regulation and control of
473	slot machine gaming or create or enhance the dangers of
474	unsuitable, unfair, or illegal practices, methods, and
475	activities in the conduct of slot machine gaming or the
476	conducting of business and financial arrangements incidental
477	thereto.
478	(3)(a)  Notwithstanding the provision of paragraph (2)(b),
479	if the applicant has received a full pardon or a restoration of
480	civil rights with respect to the conviction specified in
481	paragraph (2)(b), the conviction does not constitute an absolute
482	bar to the issuance or renewal of a license or a ground for the
483	revocation or suspension of a license.
484	(b)  A corporation that has been convicted of a felony is
485	entitled to apply for and receive a restoration of its civil
486	rights in the same manner and on the same grounds as an
487	individual.
488	(4)  After notice and hearing, the division shall refuse to
489	issue or renew or shall suspend, as appropriate, any license
490	when the licensee is found in violation of paragraph (2)(b).
491	(a)  The order under this subsection shall become effective
492	120 days after service of the order upon the licensee and shall
493	be amended to constitute a final order of revocation unless,
494	within that period of time, the licensee has:
495	1.  Caused the divestiture or agreed with the convicted
496	person upon a complete immediate divestiture of his or her
497	holdings;
498	2.  Has petitioned the circuit court; or
499	3.  In the case of a corporate officer or director of the
500	holder or employee of the holder, has terminated the
501	relationship with the convicted person.
502	(b)  The division may, by order, extend the 120-day period
503	for divestiture, upon good cause shown, to avoid interruption of
504	any slot machine gaming or to otherwise effectuate this section.
505	If no action has been taken by the licensee within the 120-day
506	period following the issuance of the order of suspension, the
507	division shall, without further notice or hearing, enter a final
508	order of revocation of the license.
509	(c)1.  When any licensee or sole proprietor of a licensee
510	is convicted of an offense specified in paragraph (2)(b), the
511	division shall approve a transfer of the license to a qualified
512	applicant upon a finding that revocation of the license would
513	impair the state's revenue from the operation of the license or
514	otherwise be detrimental to the interests of the state in the
515	regulation of the industry of slot machine gaming. In such
516	approval, no public referendum shall be required,
517	notwithstanding any other provision of law.
518	2.  A petition for transfer after conviction must be filed
519	with the division within 30 days after service upon the licensee
520	of the final order of revocation. The timely filing of such a
521	petition automatically stays any revocation order until further
522	order of the division.
523	(d)  The circuit courts have jurisdiction to decide a
524	petition brought by a holder of a slot machine gaming license
525	that shows that its license is in jeopardy of suspension or
526	revocation under this subsection and that it is unable to agree
527	upon the terms of divestiture of interest with the person
528	specified in (a) who has been convicted of an offense specified
529	in paragraph (2)(b). The court shall determine the reasonable
530	value of the interest of the convicted person and order a
531	divestiture upon such terms and conditions as it finds just. In
532	determining the value of the interest of the convicted person,
533	the court may consider, among other matters, the value of the
534	assets of the licensee, its good will and value as a going
535	concern, recent and expected future earnings, and other criteria
536	usual and customary in the sale of like enterprises.
537	(5)  Every person who has a material interest in a person
538	that has been issued or applies for a license in accordance with
539	the provisions of this chapter, or who receives more than 10-
540	percent revenue interest in the form of a commission, finder's
541	fee, loan repayment, or any other business expense related to
542	the slot machine gaming operation, or who has the ability to
543	exercise a significant influence over the activities of a
544	licensee or applicant for license under this chapter, shall meet
545	all suitability requirements under subsection (2). For purposes
546	of this section, institutional investors may, upon good cause
547	shown, be excluded from this requirement.
548	(6)  A person whose application for a license has been
549	denied, whose license has been issued subject to a condition, or
550	whose license has been suspended or revoked or against whom a
551	fine has been levied has the right to a hearing before the
552	division pursuant to ss. 120.57 and 120.68.
553	(7)  All licensees shall have a continuing duty to inform
554	the division of any action that they believe would constitute a
555	violation of this chapter.
556	(8)  The division may determine whether the licensing
557	standards of another jurisdiction within the United States or
558	Canada in which the applicant is similarly licensed are
559	comprehensive and thorough and provide similar adequate
560	safeguards as those required by this chapter. If the division
561	makes that determination, it may issue a license to an applicant
562	who holds a similar license in such other jurisdiction after
563	conducting an evaluation of the information relating to the
564	applicant from such other jurisdiction, as updated by the
565	division, and evaluating other information related to the
566	applicant received from that jurisdiction and other
567	jurisdictions where the applicant is licensed, together with any
568	information specific to the license applied for as requested
569	from the applicant by the division pursuant to this chapter.
570	551.1079  Prohibited relationships and gaming.--
571	(1)  No person employed by or performing any function on
572	behalf of the division or his or her relative as defined by s.
573	112.312(21) may:
574	(a)  Be an officer, director, owner, or employee of any
575	person or entity licensed by the division.
576	(b)  Have or hold any interest, direct or indirect, in or
577	engage in any commerce or business relationship with any person
578	licensed by the division.
579	(2)(a)  No reporting individual as defined by s.
580	112.3148(2)(d) who is employed by or serving in elected office
581	to state or local government or his or her relative as defined
582	by s. 112.312(21) shall in his or her individual capacity engage
583	in any business activity, directly or indirectly, with a
584	licensee except as a patron.
585	(b)  As used in this subsection, the term "business
586	activity" shall specifically include, but is not limited to,
587	contracts:
588	1.  For the sale or purchase of goods, merchandise, and
589	services.
590	2.  To provide or receive legal services, advertising,
591	public relations, or any other business or personal service.
592	3.  For the listing, purchase, or sale of immovable
593	property or options or real estate rights relating thereto.
594	4.  Modifying ownership or possessory interests in stocks,
595	bonds, securities, or any financial instruments.
596	(c)  The Commission on Ethics shall administer and enforce
597	the provisions of this subsection.
598	(3)  No manufacturer or distributor of slot machines
599	licensed under this chapter may enter into any contract with the
600	owner of an eligible facility or a slot machine operator that
601	provides for any revenue sharing of any kind or nature that is,
602	directly or indirectly, calculated on the basis of a percentage
603	of slot machine revenues. Any maneuver, shift, or device whereby
604	this provision is violated shall be a violation of this chapter
605	and shall render any such agreement void and any revenue so
606	calculated based on a percentage of slot machine revenues shall
607	escheat or be paid to the state in addition to any other fines
608	or penalties under this chapter.
609	(4)  No employee of the division or any relative living in
610	the same household with such employee may play a slot machine in
611	an eligible facility.
612	(5)  No officer or employee of any vendor under contract
613	with the division related to the regulation of slot machine
614	gaming or any relative living in the same household with such
615	officer or employee may play a slot machine in an eligible
616	facility if the officer or employee is involved in the direct
617	provision of goods or services to the division related to the
618	regulation of slot machine gaming.
619	(6)  Any person who violates this section is guilty of a
620	misdemeanor of the first degree, punishable as provided in s.
621	775.082 or s. 775.083.
622	551.1091  Penalties; false statements; unauthorized slot
623	machines; skimming of slot machine proceeds; payroll check
624	cashing; gambling devices.--
625	(1)  Any person who intentionally makes or causes to be
626	made or aids, assists, or procures another to make a false
627	statement in any report, disclosure, application, or any other
628	document required under this chapter or any rule adopted under
629	this chapter commits a misdemeanor of the first degree,
630	punishable as provided in s. 775.082 or s. 775.083.
631	(2)  Any person who intentionally excludes, or takes any
632	action in an attempt to exclude, anything or its value from the
633	deposit, counting, collection, or computation of revenues from
634	slot machine activity or any person who by trick or sleight of
635	hand performance, or by a fraud or fraudulent scheme, or device,
636	for himself or herself or for another, wins or attempts to win
637	money or property or a combination thereof or reduces a losing
638	wager or attempts to reduce a losing wager in connection with
639	slot machine gaming commits a felony of the third degree,
640	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
641	(a)  Any law enforcement officer or slot machine operator
642	who has probable cause to believe that a violation of this
643	subsection has been committed by a person and that the officer
644	or operator can recover the lost proceeds from such activity by
645	taking the person into custody may, for the purpose of
646	attempting to effect such recovery or for prosecution, take the
647	person into custody on the premises and detain the person in a
648	reasonable manner and for a reasonable period of time. If the
649	operator takes the person into custody, a law enforcement
650	officer shall be called to the scene immediately. The taking
651	into custody and detention by a law enforcement officer or slot
652	machine operator, if done in compliance with this subsection,
653	does not render such law enforcement officer or slot machine
654	operator criminally or civilly liable for false arrest, false
655	imprisonment, or unlawful detention.
656	(b)  Any law enforcement officer may arrest, either on or
657	off the premises and without warrant, any person if there is
658	probable cause to believe that person has violated this
659	subsection.
660	(c)  Any person who resists the reasonable effort of a law
661	enforcement officer or slot machine operator to recover the lost
662	slot machine proceeds that the law enforcement officer or slot
663	machine operator had probable cause to believe had been stolen
664	from the eligible facility, and who is subsequently found to be
665	guilty of violating this subsection, commits a misdemeanor of
666	the first degree, punishable as provided in s. 775.082 or s.
667	775.083, unless such person did not know or did not have reason
668	to know that the person seeking to recover the lost proceeds was
669	a law enforcement officer or slot machine operator. For purposes
670	of this section, the charge of theft and the charge of resisting
671	apprehension may be tried concurrently.
672	(d)  Theft of any slot machine proceeds or of property
673	belonging to the slot machine operator or eligible facility by
674	an employee of the operator or facility or by an employee of a
675	person, firm, or entity that has contracted to provide services
676	to the establishment constitutes a felony of the third degree,
677	punishable as provided in s. 775.082 or s. 775.083.
678	551.1111  Illegal lottery devices.--Notwithstanding any
679	provision of law to the contrary, no slot machine manufactured,
680	sold, distributed, transported, or operated according to the
681	provisions of this chapter shall be considered an illegal
682	lottery device for purposes of s. 849.16.
683	551.1113  Eligible facilities; exclusion of patrons.--In
684	addition to the power to exclude certain persons from any
685	eligible facility in this state, the division may exclude any
686	person from any and all eligible facilities in this state for
687	conduct that would constitute, if the person were a licensee, a
688	violation of this chapter or the rules of the division. The
689	division may exclude from any eligible facility within this
690	state any person who has been ejected from an eligible facility
691	or other gaming facility in this state or who has been excluded
692	from any eligible facility or gaming facility in another state
693	by the governmental department, agency, commission, or authority
694	exercising regulatory jurisdiction over the gaming in such other
695	state. The division may authorize any person who has been
696	ejected or excluded from an eligible facility in this state or
697	another state to attend an eligible facility in this state upon
698	a finding that the attendance of such person at an eligible
699	facility would not be adverse to the public interest or to the
700	integrity of the industry; however, this section shall not be
701	construed to abrogate the common law right of a slot machine
702	operator to exclude a patron absolutely in this state.
703	551.1115  Minors prohibited from playing slot machines;
704	signage; penalties.--
705	(1)  A person who has not attained 18 years of age may not
706	play any slot machine in an eligible facility or otherwise enter
707	designated slot machine gaming areas. The eligible facility
708	shall post clear and conspicuous signage within the designated
709	slot machine gaming areas that states the following:
710	THE PLAYING OF SLOT MACHINES BY PERSONS UNDER THE AGE
711	OF 18 IS AGAINST FLORIDA LAW (SECTION 551.1115,
712	FLORIDA STATUTES). PROOF OF AGE MAY BE REQUIRED AT
713	ANYTIME A PERSON IS WITHIN THIS AREA.
714	(2)  Notwithstanding subsection (1), a person who has not
715	attained 18 years of age may be employed by a slot machine
716	operator except in positions directly involving wagering or
717	alcoholic beverages or except as otherwise prohibited by law.
718	(3)  A person who has not attained 18 years of age who
719	plays or operates a slot machine commits a misdemeanor of the
720	second degree, punishable as provided in s. 775.082 or s.
721	775.083. For a second offense, the offender commits a
722	misdemeanor of the first degree, punishable as provided in s.
723	775.082 or s. 775.083. For a third or subsequent offense, the
724	offender commits a felony of the third degree, punishable as
725	provided in s. 775.082, s. 775.083, or s. 775.084.
726	(4)  The slot machine operator or the eligible facility may
727	require demonstration of proof of age of any patron inside of
728	the designated slot machine gaming area. To the extent feasible,
729	the slot machine operator shall withhold any winnings from
730	persons who are determined to be under 18 years of age.
731	(5)  Each quarter, the person licensed under this chapter
732	shall report and remit to the division all winnings withheld
733	from persons who are determined to be under 18 years of age.
734	551.1119  Toll-free telephone assistance for compulsive
735	gamblers; posting of signs on premises.--The division shall
736	require the posting of one or more signs at points of entry to
737	the designated slot machine gaming areas to inform patrons of
738	the toll-free telephone number available to provide information
739	and referral services regarding compulsive or problematic
740	gambling.
741	551.1121  Designated slot machine gaming areas.--
742	(1)  No automated teller machine as defined in s. 655.960
743	shall be located within the designated slot machine gaming
744	areas.
745	(2)  To the extent practicable, the eligible facility shall
746	offer Florida Lottery tickets for sale within or adjacent to the
747	designated slot machine gaming areas. The Department of Lottery
748	shall work with the eligible facility in licensing the facility
749	as a lottery retailer and in the location of sales kiosks within
750	the facility's designated slot machine gaming areas and
751	throughout the eligible facility.
752	(3)  To the extent practicable, the slot machine operator
753	shall display pari-mutuel races or games within the designated
754	slot machine gaming areas and offer within the designated slot
755	machine gaming areas the ability for patrons to engage in pari-
756	mutuel wagering on live and simulcast races conducted or offered
757	to patrons of the eligible facility.
758	(4)  No complimentary alcoholic beverages shall be served
759	to patrons within the designated slot machine gaming areas.
760	(5)  The slot machine operator shall offer training to
761	employees on responsible gaming and shall work with the
762	division's compulsive gaming program to recognize problem gaming
763	situations and to implement responsible gaming programs and
764	practices.
765	551.1123  Hours of operation.--Any municipality may enact
766	ordinances to restrict hours of operation of slot machines at
767	eligible facilities within its jurisdiction.
768	551.1125  Minimum payouts.--A slot machine shall pay out no
769	less than 85 percent in jackpots to players based on the total
770	value of the jackpots expected to be paid on a play of the slot
771	machine divided by the total value of wagers expected to be made
772	on that play of the slot machine. The slot machine operator
773	shall post conspicuous signage within the designated slot
774	machine gaming areas that discloses the payout percentages for
775	the slot machines located in those areas.
776	551.1131  Slot machine fee.--Each slot machine operator
777	shall pay a fee of $400 per slot machine annually as installed.
778	The fee shall be calculated on the actual number of slot
779	machines located at an eligible facility as of December 31 of
780	each year; however, upon initial commencement of slot machine
781	gaming at an eligible facility, the owner of an eligible
782	facility shall pay an initial fee of $400,000. Such payment
783	shall be made directly to the Pari-mutuel Wagering Trust Fund
784	established pursuant to s. 455.116. Such payments shall be
785	accounted for separately from taxes or fees paid pursuant to the
786	provisions of chapter 550. Such funds in such trust fund may be
787	appropriated annually by the Legislature to the division for its
788	administration of this chapter and carrying out of its
789	regulatory functions set forth herein. The Legislature shall
790	annually appropriate an amount not less than $2 million from
791	such trust fund to the division for its administration of its
792	compulsive gambling prevention and recovery program; however, as
793	of July 1st of each year, any amount paid into the trust fund
794	for regulation of slot machines that exceeds a balance of $1.5
795	million shall be distributed to the Education Supplement Trust
796	Fund as created by s. 1010.701.
797	551.1133  State tax of slot machine revenues.--
798	(1)  There is hereby levied a tax of 30 percent upon slot
799	machine revenues at eligible facilities.
800	(2)  Payment for the tax upon slot machine revenues shall
801	be deposited into the Education Supplement Trust Fund. Payment
802	shall be remitted by 3 p.m. on Wednesday of each week by the
803	eligible facility for taxes imposed and collected for the
804	preceding week ending on Sunday. The eligible facility shall
805	file a report under oath by the 5th day of each calendar month
806	for all taxes remitted during the preceding calendar month that
807	shall show all slot machine activities for the preceding
808	calendar month and such other information as may be required by
809	the division.
810	(3)(a)  An eligible facility that fails to make payments as
811	required under subsection (2) commits a civil infraction,
812	punishable by the division by a civil penalty of up to $1,000
813	for each day the tax payment is not remitted. All civil
814	penalties imposed and collected shall be deposited into the
815	Pari-mutuel Wagering Trust Fund. If any eligible facility fails
816	to pay penalties imposed by order of the division under this
817	subsection, the division may suspend, cancel, or revoke the
818	license of the eligible facility or deny issuance of any further
819	license to the eligible facility.
820	(b)  In addition to the civil penalty imposed under
821	paragraph (a), any willful or wanton failure by an eligible
822	facility to make payments of the tax levied under subsection (1)
823	constitutes sufficient grounds for the division to suspend,
824	cancel, or revoke the license of the eligible facility or to
825	deny issuance of any further license to the eligible facility.
826	551.1137  Public education funding.--Tax revenues collected
827	by the Department of Revenue under s. 551.1133 shall be
828	deposited in the Education Supplement Trust Fund for the purpose
829	of supplementing public education funding. The slot machine
830	revenues in this trust fund shall be distributed to the counties
831	annually under the General Appropriations Act as follows:
832	(1)  To offset the impact of slot machines in their
833	respective areas, Broward and Miami-Dade Counties shall receive
834	$75 per full time equivalent enrolled within their respective
835	county.
836	(2)  After the distribution in subsection (1), the
837	remaining slot machine tax revenues shall be distributed in
838	accordance with the Florida Education Finance Program as
839	determined by the General Appropriations Act to all counties
840	including Broward and Miami-Dade.
841	551.1139  Citizens Education Funding Oversight Board.--
842	(1)(a)  There is hereby established a Citizens Education
843	Funding Oversight Board that shall consist of the following
844	members:
845	1.  The presiding Commissioner of Education;
846	2.  Fifteen members to serve a term of 2 years each, who
847	shall be appointed by the Governor. For the initial term, the
848	Governor shall appoint seven members to a 1-year term in order
849	to stagger the appointments to the board.
850	(b)  The Governor shall receive ten nominations each from
851	the President of the Senate and the Speaker of the House of
852	Representatives from which the Governor shall appoint ten
853	members of the board. In making their nominations, the President
854	of the Senate and the Speaker of the House of Representatives
855	shall attempt to nominate individuals with diverse education
856	backgrounds from early childhood education to post secondary
857	education as well as a mixture of geographically and ethnically
858	diverse persons to help ensure that the state's diverse
859	population is sufficiently represented on the board.
860	(2)  The board shall be invited to attend all legislative
861	committee hearings and meetings during which appropriation of
862	funds paid into the Education Supplement Trust Fund is
863	considered and shall be afforded the opportunity to provide
864	advice and input regarding the appropriation of such funds.
865	551.129  Severability.--The provisions of this chapter are
866	severable. If any provision of this chapter or its application
867	to any person or circumstances is held invalid, the invalidity
868	shall not affect other provisions or applications of this
869	chapter which can be given effect without the invalid provision
870	or application.
871	Section 2.  Paragraph (f) of subsection (2) of section
872	20.165, Florida Statutes, is amended to read:
873	20.165  Department of Business and Professional
874	Regulation.--There is created a Department of Business and
875	Professional Regulation.
876	(2)  The following divisions of the Department of Business
877	and Professional Regulation are established:
878	(f)  Division of Pari-mutuel Wagering.
879	1.  The director of the division shall be appointed by the
880	secretary of the department, subject to confirmation and removal
881	by a majority vote of the Governor and Cabinet with the Governor
882	on the prevailing side.
883	a.  Prior to appointment as director, the person must have
884	had within the previous 10 years at least 5 years of responsible
885	private-sector experience working full-time in the areas within
886	the scope of a subject matter jurisdiction of the division or at
887	least 5 years of experience as a senior employee of a state or
888	federal agency having regulatory responsibilities over the
889	subject matter jurisdiction of the division.
890	b.  The division shall have a sufficient number of
891	attorneys, investigators, and other professional personnel to
892	carry out its responsibilities and administrative personnel as
893	determined annually in the appropriations process. The
894	Department of Business and Professional Regulation shall provide
895	administrative and information systems support to the division.
896	2.  The offices of the division shall be located in
897	Tallahassee.
898	3.  Until such time as the director is appointed under
899	subparagraph 1., the director of the Division of Pari-mutuel
900	Wagering shall serve as director.
901	Section 3.  Section 849.15, Florida Statutes, is amended to
902	read:
903	849.15  Manufacture, sale, possession, etc., of coin-
904	operated devices prohibited.--
905	(1)  It is unlawful:
906	(a)(1)  To manufacture, own, store, keep, possess, sell,
907	rent, lease, let on shares, lend or give away, transport, or
908	expose for sale or lease, or to offer to sell, rent, lease, let
909	on shares, lend or give away, or permit the operation of, or for
910	any person to permit to be placed, maintained, or used or kept
911	in any room, space, or building owned, leased or occupied by the
912	person or under the person's management or control, any slot
913	machine or device or any part thereof; or
914	(b)(2)  To make or to permit to be made with any person any
915	agreement with reference to any slot machine or device, pursuant
916	to which the user thereof, as a result of any element of chance
917	or other outcome unpredictable to him or her, may become
918	entitled to receive any money, credit, allowance, or thing of
919	value or additional chance or right to use such machine or
920	device, or to receive any check, slug, token or memorandum
921	entitling the holder to receive any money, credit, allowance or
922	thing of value.
923	(2)  Pursuant to section 2 of that certain chapter of the
924	Congress of the United States entitled "An act to prohibit
925	transportation of gaming devices in interstate and foreign
926	commerce", approved January 2, 1951, being c. 1194, 64 Stat.
927	1134, and also designated as 15 U.S.C. 1171-1177, the State of
928	Florida, acting by and through its duly elected and qualified
929	members of its Legislature, does hereby in this section, and in
930	accordance with and in compliance with the provisions of section
931	2 of such chapter of Congress, declare and proclaim that any
932	county of the State of Florida, within which slot machine gaming
933	is authorized pursuant to chapter 551 is exempt from the
934	provisions of section 2 of that certain chapter of the Congress
935	of the United States entitled "An act to prohibit transportation
936	of gaming devices in interstate and foreign commerce",
937	designated U.S.C. 1171-1177, approved January 2, 1951. All
938	shipments of gaming devices, including slot machines, into any
939	county of this state within which slot machine gaming is
940	authorized pursuant to chapter 551, the registering, recording,
941	and labeling of which have been duly done by the manufacturer or
942	distributor thereof in accordance with sections 3 and 4 of that
943	certain chapter of the Congress of the United States entitled,
944	"An act to prohibit transportation of gaming devices in
945	interstate and foreign commerce", approved January 2, 1951,
946	being c. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
947	1171-1177, shall be deemed legal shipments thereof into any such
948	county provided the destination of such shipments is to a
949	licensed eligible facility as defined s. 551.103.
950	Section 4.  Subsections (1) and (2) of section 895.02,
951	Florida Statutes, are amended to read:
952	895.02  Definitions.--As used in ss. 895.01-895.08, the
953	term:
954	(1)  "Racketeering activity" means to commit, to attempt to
955	commit, to conspire to commit, or to solicit, coerce, or
956	intimidate another person to commit:
957	(a)  Any crime which is chargeable by indictment or
958	information under the following provisions of the Florida
959	Statutes:
960	1.  Section 210.18, relating to evasion of payment of
961	cigarette taxes.
962	2.  Section 403.727(3)(b), relating to environmental
963	control.
964	3.  Section 409.920 or s. 409.9201, relating to Medicaid
965	fraud.
966	4.  Section 414.39, relating to public assistance fraud.
967	5.  Section 440.105 or s. 440.106, relating to workers'
968	compensation.
969	6.  Section 465.0161, relating to distribution of medicinal
970	drugs without a permit as an Internet pharmacy.
971	7.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
972	499.0691, relating to crimes involving contraband and
973	adulterated drugs.
974	8.  Part IV of chapter 501, relating to telemarketing.
975	9.  Chapter 517, relating to sale of securities and
976	investor protection.
977	10.  Section 550.235, s. 550.3551, or s. 550.3605, relating
978	to dogracing and horseracing.
979	11.  Chapter 550, relating to jai alai frontons.
980	12.  Chapter 552, relating to the manufacture,
981	distribution, and use of explosives.
982	13.  Chapter 560, relating to money transmitters, if the
983	violation is punishable as a felony.
984	14.  Chapter 562, relating to beverage law enforcement.
985	15.  Section 624.401, relating to transacting insurance
986	without a certificate of authority, s. 624.437(4)(c)1., relating
987	to operating an unauthorized multiple-employer welfare
988	arrangement, or s. 626.902(1)(b), relating to representing or
989	aiding an unauthorized insurer.
990	16.  Section 655.50, relating to reports of currency
991	transactions, when such violation is punishable as a felony.
992	17.  Chapter 687, relating to interest and usurious
993	practices.
994	18.  Section 721.08, s. 721.09, or s. 721.13, relating to
995	real estate timeshare plans.
996	19.  Chapter 782, relating to homicide.
997	20.  Chapter 784, relating to assault and battery.
998	21.  Chapter 787, relating to kidnapping.
999	22.  Chapter 790, relating to weapons and firearms.
1000	23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
1001	796.05, or s. 796.07, relating to prostitution and sex
1002	trafficking.
1003	24.  Chapter 806, relating to arson.
1004	25.  Section 810.02(2)(c), relating to specified burglary
1005	of a dwelling or structure.
1006	26.  Chapter 812, relating to theft, robbery, and related
1007	crimes.
1008	27.  Chapter 815, relating to computer-related crimes.
1009	28.  Chapter 817, relating to fraudulent practices, false
1010	pretenses, fraud generally, and credit card crimes.
1011	29.  Chapter 825, relating to abuse, neglect, or
1012	exploitation of an elderly person or disabled adult.
1013	30.  Section 827.071, relating to commercial sexual
1014	exploitation of children.
1015	31.  Chapter 831, relating to forgery and counterfeiting.
1016	32.  Chapter 832, relating to issuance of worthless checks
1017	and drafts.
1018	33.  Section 836.05, relating to extortion.
1019	34.  Chapter 837, relating to perjury.
1020	35.  Chapter 838, relating to bribery and misuse of public
1021	office.
1022	36.  Chapter 843, relating to obstruction of justice.
1023	37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1024	s. 847.07, relating to obscene literature and profanity.
1025	38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1026	849.25, relating to gambling.
1027	39.  Chapter 874, relating to criminal street gangs.
1028	40.  Chapter 893, relating to drug abuse prevention and
1029	control.
1030	41.  Chapter 896, relating to offenses related to financial
1031	transactions.
1032	42.  Sections 914.22 and 914.23, relating to tampering with
1033	a witness, victim, or informant, and retaliation against a
1034	witness, victim, or informant.
1035	43.  Sections 918.12 and 918.13, relating to tampering with
1036	jurors and evidence.
1037	44.  Section 551.1091, related to slot machine gaming.
1038	(b)  Any conduct defined as "racketeering activity" under
1039	18 U.S.C. s. 1961(1).
1040	(2)  "Unlawful debt" means any money or other thing of
1041	value constituting principal or interest of a debt that is
1042	legally unenforceable in this state in whole or in part because
1043	the debt was incurred or contracted:
1044	(a)  In violation of any one of the following provisions of
1045	law:
1046	1.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1047	to dogracing and horseracing.
1048	2.  Chapter 550, relating to jai alai frontons.
1049	3.  Chapter 687, relating to interest and usury.
1050	4.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1051	849.25, relating to gambling.
1052	5.  Section 551.1091, related to slot machine gaming.
1053	(b)  In gambling activity in violation of federal law or in
1054	the business of lending money at a rate usurious under state or
1055	federal law.
1056	Section 5.  Notwithstanding any contrary provision of law
1057	and in order to expedite the operation of slot machines at
1058	eligible facilities, any eligible facility shall be entitled
1059	within 30 days of the effective date of this act to amend its
1060	2005-2006 license issued by the Division of Pari-mutuel Wagering
1061	and shall be granted the requested changes in its authorized
1062	performances pursuant to such amendment. The division shall
1063	issue a new license to the eligible facility to effectuate an
1064	amendment. Sections 550.01215(4) and (5) and 550.5251(2),
1065	Florida Statutes, related to the operation of dates set forth in
1066	a license shall apply to the new license issued hereunder.
1067	Section 6.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.