HB 1901

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to pari-mutuel wagering; creating the Keep
7	the Promise Act of 2005 to implement s. 23, Art. X of the
8	State Constitution; providing for administration and
9	regulation by the Division of Slot Machines of the
10	Department of Business and Professional Regulation;
11	amending s. 20.165, F.S.; establishing a Division of Slot
12	Machines in the Department of Business and Professional
13	Regulation; amending s. 550.2415, F.S.; requiring the
14	Division of Pari-mutuel Wagering in the Department of
15	Business and Professional Regulation to maintain certain
16	records regarding injuries and the disposition of
17	greyhounds; providing guidelines and requirements for
18	injury and disposition report forms; providing for the
19	adoption of rules; providing penalties; amending s.
20	550.5251, F.S.; revising licensing and permit requirements
21	relating to required operating days for certain
22	thoroughbred racing permitholders; revising timeframe for
23	application of certain requirements; deleting requirement
24	that certain thoroughbred permitholders operate the full
25	number of days; providing for validity of certain permits;
26	creating chapter 551, F.S.; implementing s. 23, Art. X of
27	the State Constitution; authorizing slot machines and slot
28	machine gaming within certain pari-mutuel facilities
29	located in Miami-Dade and Broward Counties upon approval
30	by local referendum; providing for administration and
31	regulation by the Division of Slot Machines of the
32	Department of Business and Professional Regulation;
33	providing definitions; providing legislative intent;
34	providing powers and duties of the division; providing for
35	construction of such provisions; directing the division to
36	adopt rules necessary to implement, administer, and
37	regulate slot machine gaming; requiring such rules to
38	include application procedures, certain technical
39	requirements, procedures relating to revenue, certain
40	regulation and management and auditing procedures, certain
41	bond requirements, and requirements for record
42	maintenance, and payouts; providing for investigations by
43	the division, the Department of Law Enforcement, and local
44	law enforcement; providing for the investigation of
45	violations in conjunction with other agencies; providing
46	specified law enforcement powers to the division;
47	providing for access to slot machine licensee facilities
48	by the division, the Department of Law Enforcement, or
49	local law enforcement; authorizing the division, the
50	Department of Law Enforcement, or local law enforcement to
51	make certain inspections and examinations; authorizing the
52	division to collect certain monies and deny, revoke,
53	suspend, or place conditions on the license under certain
54	circumstances; providing for suspension or revocation of
55	the license of an unqualified applicant or licensee;
56	authorizing the division to adopt emergency rules for the
57	regulation of slot machine gaming; providing for licensure
58	to conduct slot machine gaming; prohibiting the division
59	from accepting applications or issuing slot machine
60	licenses prior to adoption of rules; providing for
61	application for licensure; providing conditions for
62	conducting slot machine gaming; providing requirements for
63	receiving and maintaining a license which include
64	compliance with slot machine regulations and regulations
65	relating to pari-mutuel wagering, maintaining the pari-
66	mutuel permit and license, conducting a certain number of
67	live races or games, allowing access by the division, and
68	submission of security plans; requiring prior approval by
69	the division of certain changes in ownership of slot
70	machine licenses; requiring notice to the division of
71	certain changes in ownership; requiring permitholders to
72	submit certain information and certification relating to
73	games to the division and the Department of Law
74	Enforcement; requiring review and approval of games by
75	division; requiring a slot machine licensee to submit
76	internal control procedures to the division for review and
77	approval; authorizing the amendment of a pari-mutuel
78	license within a specified time; providing for a reduction
79	in the required number of live races or games under
80	certain circumstances; prohibiting transfer of a license;
81	providing a limit on the number of slot machines at a
82	facility; requiring slot machine licensees to maintain
83	certain reports for submission to the division; providing
84	for an audit by an independent certified public accountant
85	of the receipt and distribution of slot machine revenues;
86	providing for annual renewal of the license; providing for
87	a renewal application and procedures for approval;
88	requiring corporate slot machine licensees to apply for
89	and be issued a certificate of status; specifying the
90	payment of state and local taxes as a condition for a slot
91	machine license; requiring certification by the Department
92	of Revenue of the payment of certain state and local taxes
93	by a slot machine licensee; directing the division to
94	revoke, suspend, or refuse to renew the license for
95	failure to pay such taxes; requiring the slot machine
96	licensee pay to the division an initial and annual license
97	fee; providing for deposit of the fee into the Slot
98	Machine Administrative Trust Fund for certain purposes;
99	requiring the division to evaluate the license fee and
100	make recommendations to the Legislature; providing for a
101	tax on slot machine revenues to be deposited into the
102	Educational Enhancement Trust Fund; requiring that slot
103	machine taxes shall be used to supplement and not supplant
104	public education dollars; providing payment procedures;
105	providing penalties for failure to make payments;
106	providing for submission of funds by electronic funds
107	transfer; providing for general, professional, and
108	business occupational licenses; prohibiting transfer of
109	such licenses; prohibiting a slot machine licensee from
110	employing or doing business with persons or businesses
111	unless such person or business is properly licensed;
112	requiring occupational licensees to display identification
113	cards under certain circumstances; providing for
114	application forms, fees, and procedures; authorizing the
115	division to adopt rules relating to applications,
116	licensure, and renewal of licensure and fees therefor;
117	requiring slot machine licensee to pay licensure fees of
118	general occupational licensees; providing for reciprocal
119	disciplinary actions with other jurisdictions; providing
120	for disciplinary actions against a licensee for certain
121	violations of regulations or laws; requiring fingerprints
122	and criminal records checks of applicants or licensees;
123	requiring certain costs of the records check be borne by
124	the applicant or licensee; requiring licensees to provide
125	equipment for electronic submission of fingerprints;
126	authorizing the retention of fingerprints for the purposes
127	of entering fingerprints into the statewide automated
128	fingerprint identification system by a certain date;
129	requiring licensees to inform the division of conviction
130	of disqualifying criminal offenses; requiring certain
131	racetracks and frontons to pay an annual fee; authorizing
132	the Department of Law Enforcement to adopt rules relating
133	to fingerprinting costs and procedures; requiring periodic
134	additional criminal history checks for purposes of
135	screening following issuance of a license; providing for
136	distribution of funds into the Slot Machine Administrative
137	Trust Fund; prohibiting certain relationships between
138	employees of the division or board and licensees of the
139	division; prohibiting division employees and occupational
140	licensees and certain of their relatives from wagering on
141	slot machines at certain facilities; prohibiting contracts
142	that provide for revenue sharing between a manufacturer or
143	distributor and slot machine licensees; prohibiting
144	ownership or financial interests in slot machine licensees
145	by certain manufacturers or distributors; prohibiting
146	certain false statements, exclusion of revenue for certain
147	purposes, cheating, and theft of proceeds; providing
148	penalties; providing for arrest and recovery; limiting
149	liability for arrest and detention; providing penalties
150	for resisting recovery efforts; authorizing manufacture,
151	sale, distribution, possession, and operation of slot
152	machines under certain circumstances; authorizing the
153	division to exclude any person from licensed facilities
154	under certain circumstances; directing the division to
155	require certain signage in designated gaming areas and
156	require certain equipment or facilities relating to races
157	or games within the gaming area; requiring permitholder to
158	provide office space; prohibiting a licensee and employees
159	and agents of the licensee from allowing a person under a
160	certain age to operate slot machines or to have access to
161	the gaming area; prohibiting complimentary alcoholic
162	beverages, loans or credit, acceptance or cashing of
163	third-party checks, and automatic teller machines;
164	authorizing the suspension of play of slot machines by the
165	division or the Department of Law Enforcement for
166	suspicion of tampering or manipulation; limiting linkage
167	of operating systems; prohibiting certain player
168	enticements; providing for the hours of operation of slot
169	machines; providing that the slot machine licensee is
170	eligible for a caterer license under specified provisions;
171	requiring the slot machine licensee maintain certain
172	purchasing and hiring policies, use a certain job listing
173	service provided by the Agency for Workforce Innovation,
174	and implement certain equal employment opportunities;
175	providing penalties for certain violations by a licensee;
176	providing for deposit of fines collected; creating the
177	State Slot Machine Gaming Board within the division;
178	providing that the board is not a state entity; providing
179	for public meetings and records of the board; providing
180	for offices and personnel of the board; requiring the
181	board comply with specified ethics provisions; providing
182	for expenditures of state funds derived from regulatory
183	fees; requiring the division provide administrative
184	support for the board; providing purpose of the board;
185	providing for membership of the board; providing for
186	appointment and confirmation and terms of members;
187	requiring financial disclosure; prohibiting interests in
188	any slot machine licensee or the gambling industry;
189	providing that members are state officers for specified
190	purposes; authorizing per diem and travel expenses;
191	providing for removal of members; providing for
192	organization and meetings of the board; providing powers
193	and duties of the board; authorizing the board to receive
194	certain information and testimony; providing for
195	evaluations, recommendations, and reports; directing the
196	division to provide the board with certain proposed rules
197	for review and response; requiring the board to prepare an
198	annual report to be submitted to the Governor and
199	Legislature; providing for content of the report;
200	directing the Office of Program Policy Analysis and
201	Government Accountability to conduct an annual performance
202	audit of the board, the division, and slot machine
203	licensees; providing for content of the audit; directing
204	that office to submit the audit's findings and
205	recommendations to the Governor and the Legislature;
206	requiring the chief law enforcement officer of certain
207	counties and municipalities to annually execute and
208	transmit to the board an affidavit relating to certain
209	funding; requiring the governing body of certain counties
210	and municipalities and tourist development councils to
211	annually adopt and transmit to the board a resolution
212	relating to the operations of slot machine gaming;
213	authorizing other governing bodies to transmit such a
214	resolution to the board; authorizing the division to
215	contract for a compulsive gambling treatment and
216	prevention program; amending s. 849.15, F.S.; providing
217	for transportation of certain gaming devices in accordance
218	with federal law; amending s. 895.02, F.S.; providing that
219	specified violations related to slot machine gaming
220	constitute racketeering activity; providing that certain
221	debt incurred in violation of specified provisions
222	relating to slot machine gaming constitutes unlawful debt;
223	preempting slot machine regulation to the state; providing
224	for referenda deauthorizing slot machine operations as an
225	undue burden; authorizing referenda declaring slot machine
226	operations an undue burden; requiring a petition for a
227	referendum; providing for ratification of tribal-state
228	compacts by the Legislature; directing the Department of
229	Transportation to conduct a study on the access roads to
230	pari-mutuel facilities and Indian reservation lands where
231	gaming activities occur; providing for content of the
232	study; requiring a report to the Governor and the
233	Legislature; providing for nonseverability of the act;
234	providing appropriations for the Department of Business
235	and Professional Regulation, the Department of Law
236	Enforcement, and the Office of the State Attorney to carry
237	out the provisions of the act; providing an effective
238	date.
239
240	Be It Enacted by the Legislature of the State of Florida:
241
242	Section 1.  This act may be cited as the "Keep The Promise
243	Act of 2005."
244	Section 2.  Subsection (2) of section 20.165, Florida
245	Statutes, is amended to read:
246	20.165  Department of Business and Professional
247	Regulation.--There is created a Department of Business and
248	Professional Regulation.
249	(2)  The following divisions of the Department of Business
250	and Professional Regulation are established:
251	(a)  Division of Administration.
252	(b)  Division of Alcoholic Beverages and Tobacco.
253	(c)  Division of Certified Public Accounting.
254	1.  The director of the division shall be appointed by the
255	secretary of the department, subject to approval by a majority
256	of the Board of Accountancy.
257	2.  The offices of the division shall be located in
258	Gainesville.
259	(d)  Division of Florida Land Sales, Condominiums, and
260	Mobile Homes.
261	(e)  Division of Hotels and Restaurants.
262	(f)  Division of Pari-mutuel Wagering.
263	(g)  Division of Professions.
264	(h)  Division of Real Estate.
265	1.  The director of the division shall be appointed by the
266	secretary of the department, subject to approval by a majority
267	of the Florida Real Estate Commission.
268	2.  The offices of the division shall be located in
269	Orlando.
270	(i)  Division of Regulation.
271	(j)  Division of Slot Machines.
272	(k)  Division of Technology, Licensure, and Testing.
273	Section 3.  Paragraphs (e), (f), (g), and (h) are added to
274	subsection (6) of section 550.2415, Florida Statutes, to read:
275	550.2415  Racing of animals under certain conditions
276	prohibited; penalties; exceptions.--
277	(6)
278	(e)  The division shall maintain accurate records and
279	statistics regarding injuries incurred by greyhounds that race
280	in this state. The division shall adopt rules requiring the
281	reporting of injuries incurred by greyhounds while racing in
282	this state, including schooling races. Such reports must
283	include:
284	1.  The greyhound's registered name and right and left ear
285	tattoo numbers.
286	2.  The name, business address, and telephone number of the
287	greyhound owner, trainer, and kennel operator.
288	3.  The color, weight, and sex of the greyhound.
289	4.  The specific type of injury, the cause of the injury,
290	the estimated recovery time, and the location of the injury on
291	the greyhound.
292	5.  Where the injury occurred, whether on a racetrack or in
293	another area.
294	6.  If the injury occurred while the greyhound was racing,
295	the racetrack where the injury occurred; the distance, grade,
296	race, and post position when the injury occurred; and the
297	weather conditions, time, temperature, and track condition at
298	the time of the injury.
299	7.  A certification by the racetrack veterinarian that the
300	form is correct.
301	(f)  The division shall maintain accurate records and
302	statistics regarding the disposition of greyhounds that
303	participate in racing in this state. The division shall adopt
304	rules requiring the reporting of the disposition of greyhounds
305	that race in this state, including schooling races. As used in
306	the reporting requirement, the term "disposition" means death,
307	transfer to another jurisdiction, retirement, adoption, sale, or
308	donation for medical research or another purpose. Such reports
309	must include:
310	1.  The greyhound's registered name and right and left ear
311	tattoo numbers; the name, business address, and telephone number
312	of the greyhound owner, trainer, and kennel operator; and the
313	name and address of the racetrack where the greyhound last raced
314	prior to disposition.
315	2.  If the greyhound was transferred to another track, the
316	name and address of the track that received the greyhound and
317	the name, business address, telephone number, and driver license
318	number, including the state where it was issued, of the person
319	who received the greyhound on behalf of that track.
320	3.  If the greyhound was retired for breeding, the name and
321	address of the facility that received the greyhound and the
322	name, business address, telephone number, and driver license
323	number, including the state where it was issued, of the person
324	who received the greyhound on behalf of that facility.
325	4.  If the greyhound was adopted or placed for adoption,
326	the name and address of the person that received the greyhound
327	and, if applicable, the name, business address, telephone
328	number, and driver license number, including the state where it
329	was issued, of the person who received the greyhound on behalf
330	of the adoption facility.
331	5.  If the greyhound was euthanized, the name, address,
332	professional title, professional affiliation of the person
333	performing the euthanasia, method of euthanasia, and reason the
334	greyhound was euthanized rather than adopted.
335	6.  If the greyhound was sold or donated, the name of the
336	person to whom the greyhound was sold or donated and, if
337	donated, the name, business address, telephone number, and
338	driver license number, including the state where it was issued,
339	of the person who received the greyhound on behalf of the donee.
340	7.  If the disposition of the greyhound does not fit into
341	any of the above categories, the name of the person to whom the
342	greyhound was transferred and the name, business address,
343	telephone number, and driver license number, including the state
344	where it was issued, of the person who received the greyhound.
345	8.  Certification by the owner, trainer, and kennel
346	operator that the disposition forms are correct.
347	(g)  The division shall maintain injury and disposition
348	records for 7 years.
349	(h)  In addition to other penalties imposed by law, a
350	person who knowingly makes a false statement on an injury or
351	disposition form commits a misdemeanor of the first degree,
352	punishable as provided in s. 775.082 or s. 775.083. A person who
353	knowingly makes a false statement on an injury or disposition
354	form on a second or subsequent occasion commits a felony of the
355	third degree, punishable as provided in s. 775.082, s. 775.083,
356	or s. 775.084.
357	Section 4.  Subsections (1), (2), and (3) of section
358	550.5251, Florida Statutes, are amended to read:
359	550.5251  Florida thoroughbred racing; certain permits;
360	operating days.--
361	(1)  Each thoroughbred permitholder under whose permit
362	thoroughbred racing was conducted in this state at any time
363	between January 1, 1987, and January 1, 2005 1988, shall
364	annually be entitled to apply for and annually receive
365	thoroughbred racing days and dates as set forth in this section.
366	As regards such permitholders, the annual thoroughbred racing
367	season shall be from June 1 of any year through May 31 of the
368	following year and shall be known as the "Florida Thoroughbred
369	Racing Season."
370	(2)  Each permitholder referred to in subsection (1) shall
371	annually, during the period commencing December 15 of each year
372	and ending January 4 of the following year, file in writing with
373	the division its application to conduct one or more thoroughbred
374	racing meetings during the thoroughbred racing season commencing
375	on the following June 1. Each application shall specify the
376	number and dates of all performances that the permitholder
377	intends to conduct during that thoroughbred racing season. On or
378	before February 15 of each year, the division shall issue a
379	license authorizing each permitholder to conduct performances on
380	the dates specified in its application. Up to March 31 of each
381	year, each permitholder may request and shall be granted changes
382	in its authorized performances; but thereafter, as a condition
383	precedent to the validity of its license and its right to retain
384	its permit, each permitholder must operate the full number of
385	days authorized on each of the dates set forth in its license.
386	(3)  Each thoroughbred permit referred to in subsection
387	(1), including, but not limited to, any permit originally issued
388	as a summer thoroughbred horse racing permit, is hereby
389	validated and shall continue in full force and effect,
390	irrespective of any action that the division may take or may
391	have heretofore taken against the permit.
392	Section 5.  Chapter 551, Florida Statutes, consisting of
393	sections 551.101, 551.103, 551.105, 551.107, 551.1073, 551.1075
394	551.108, 551.1091, 551.1111, 551.1113, 551.1115, 551.1119,
395	551.121, 551.125, 551.20, 551.202, 551.204, 551.25, 551.30,
396	551.33, 551.34, 551.341, and 551.40, is created to read:
397	CHAPTER 551
398	SLOT MACHINES
399	551.101  Slot machine gaming authorized.--Any existing,
400	licensed pari-mutuel facility located in Miami-Dade County or
401	Broward County at the time of adoption of s. 23, Art. X of the
402	State Constitution that has conducted live racing or games
403	during calendar years 2002 and 2003 may possess slot machines
404	and conduct slot machine gaming at the location where the pari-
405	mutuel permitholder is authorized to conduct pari-mutuel
406	wagering activities pursuant to such permitholder's valid pari-
407	mutuel permit or as otherwise authorized by law provided a
408	majority of voters in a countywide referendum have approved the
409	possession of slot machines at such facility in the respective
410	county. Notwithstanding any other provision of law, it is not a
411	crime for a person to participate in slot machine gaming at a
412	pari-mutuel facility licensed to possess slot machines and
413	conduct slot machine gaming.
414	551.103  Definitions.--As used in this chapter, unless the
415	context clearly requires otherwise, the term:
416	(1)  "Board" means the State Slot Machine Gaming Board.
417	(2)  "Department" means the Department of Business and
418	Professional Regulation.
419	(3)  "Designated slot machine gaming area" means the area
420	of a facility of a slot machine licensee in which slot machine
421	gaming may be conducted in accordance with the provisions of
422	this chapter.
423	(4)  "Division" means the Division of Slot Machines of the
424	Department of Business and Professional Regulation.
425	(5)  "Electronic or electromechanical facsimile" means a
426	game played in an electronic or electromechanical format that
427	replicates a game of chance by incorporating all of the
428	characteristics of the game, except when, for bingo, the
429	electronic or electromechanical format broadens participation by
430	allowing multiple players to play with or against each other
431	rather than with or against a machine.
432	(6)  "Mechanical, electronic, computerized, or other
433	technological aids" means any machine or device that assists a
434	player or the playing of a bingo game as defined in s. 849.0931
435	and broadens participation by allowing multiple players at one
436	slot machine facility to play with or against each other in a
437	bingo game for a common prize or prizes. Such aids may use
438	alternative displays, including, but not limited to, a
439	simulation of spinning reels, to illustrate aspects of the game
440	of bingo such as when a player joins the game or when prizes
441	have been awarded, as long as such aid continuously and
442	prominently displays the electronic bingo card so that it is
443	apparent that the player is actually engaged in the play of
444	bingo. Such aids shall not:
445	(a)  Determine or change the outcome of any game of bingo;
446	(b)  Be an electronic or electromechanical facsimile that
447	replicates a game of bingo; or
448	(c)  Allow players to play with or against the machine or
449	house for a prize.
450	(7)  "Slot machine" means a mechanical, electronic,
451	computerized gaming device that is a technological aid to the
452	playing of the game of bingo and that offers wagering on the
453	game of bingo as defined in s. 849.0931, is owned by the slot
454	machine licensee, and is capable of being linked to a
455	centralized computer management system for regulating, managing,
456	and auditing the operation, financial data, and program
457	information, as required by the division. A slot machine may be
458	activated by insertion of a coin, bill, ticket, token, or
459	similar object or upon payment of any consideration whatsoever,
460	including the use of any electronic payment system except a
461	credit card or debit card and may entitle the person playing or
462	operating the machine to receive or may deliver to the person
463	cash, billets, tickets, tokens, or electronic credits to be
464	exchanged for cash. A slot machine is not a "coin-operated
465	amusement machine" as defined in s. 212.02(24), and slot
466	machines are not subject to the tax imposed by s. 212.05(1)(h).
467	It is the intent of the Legislature to authorize only those
468	mechanical, computerized, electronic or other technological aids
469	that a federal agency or a court in a final, nonappealable order
470	has concluded expressly meet the definition of a mechanical,
471	computerized, electronic, or other technological aid to Class II
472	gaming pursuant to 25 U.S.C. 2703, the Indian Gaming Regulatory
473	Act. The Legislature does not intend to authorize any other
474	gaming device.
475	(8)  "Slot machine licensee" means a pari-mutuel
476	permitholder who holds a license issued by the division pursuant
477	to this chapter which authorizes such person to possess a slot
478	machine within facilities specified in s. 23, Art. X of the
479	State Constitution and allows slot machine gaming.
480	(9)  "Slot machine revenues" means the total of all cash
481	and property received by the slot machine licensee from slot
482	machine gaming operations less the amount of cash, cash
483	equivalents, credits, and prizes paid to winners of slot machine
484	gaming.
485	551.105  Division of Slot Machines; powers and duties.--
486	(1)  The division shall adopt, pursuant to the provisions
487	of ss. 120.536 and 120.54, all rules necessary to implement,
488	administer, and regulate slot machine gaming as authorized in
489	this chapter. Such rules shall include:
490	(a)  Procedures for applying for a license and renewal of a
491	license.
492	(b)  Establishing technical requirements in addition to the
493	qualifications which shall be necessary to receive a slot
494	machine license or slot machine occupational license.
495	(c)  Procedures relating to slot machine revenues,
496	including verifying and accounting for such revenues, auditing,
497	and collecting taxes and fees consistent with this chapter.
498	(d)  Procedures for regulating, managing, and auditing the
499	operation, financial data, and program information relating to
500	slot machines through a centralized computer management system.
501	(e)  Requiring each licensee at his or her own cost and
502	expense to supply the division with a bond with the penal sum of
503	$2 million payable to the Governor and his or her successors in
504	office for the licensee's first year of slot machine operations;
505	and, thereafter, the licensee shall file a bond with the penal
506	sum as determined by the division pursuant to rules promulgated
507	to approximate anticipated state revenues from the licensee's
508	slot machine operations, but in no case shall the bond be less
509	than $2 million. Any bond shall be issued by a surety or
510	sureties to be approved by the division and the Chief Financial
511	Officer, conditioned to faithfully make the payments to the
512	Chief Financial Officer in his or her capacity as treasurer of
513	the division. The licensee shall be required to keep its books
514	and records and make reports as provided in this chapter and to
515	conduct its slot machine operations in conformity with this
516	chapter and all other provisions of law. The division may review
517	the bond for adequacy and require adjustments each fiscal year.
518	Such bond shall be separate and distinct from the bond required
519	in s. 550.125.
520	(f)  Requiring licensees to maintain specified records and
521	submit any data, information, record, or report, including
522	financial and income records, required by this chapter or
523	determined by the division to be necessary to the proper
524	implementation and enforcement of this chapter.
525	(g)  Requiring that the payout percentage of a slot machine
526	shall be no less than 93 percent per facility.
527	(2)  The division shall conduct such investigations that
528	the division determines necessary to fulfill its
529	responsibilities under the provisions of this chapter.
530	(3)  The division, the Department of Law Enforcement, and
531	local law enforcement agencies shall have concurrent
532	jurisdiction to investigate criminal violations of this chapter
533	and may investigate any other criminal violation of law
534	occurring on the facilities of a slot machine licensee, and such
535	investigations may be conducted in conjunction with the
536	appropriate state attorney. The division and its employees and
537	agents shall have such other law enforcement powers as specified
538	in ss. 943.04 and 943.10.
539	(4)(a)  The division, the Department of Law Enforcement,
540	and local law enforcement agencies shall have unrestricted
541	access to the slot machine licensee facility at all times and
542	shall require of each slot machine licensee strict compliance
543	with the laws of this state relating to the transaction of such
544	business. The division, the Department of Law Enforcement, and
545	local law enforcement agencies:
546	1.  May inspect and examine premises where slot machines
547	are offered for play.
548	2.  May inspect slot machines and related equipment and
549	supplies.
550	(b)  In addition, the division:
551	1.  May collect taxes, assessments, fees, and penalties.
552	2.  May deny, revoke, suspend, or place conditions on the
553	license of a person who violates any provision of this chapter
554	or rule adopted pursuant thereto.
555	(5)  The division shall revoke or suspend the license of
556	any person who is no longer qualified or who is found, after
557	receiving a license, to have been unqualified at the time of
558	application for the license.
559	(6)  Nothing in this section shall be construed to:
560	(a)  Prohibit the Department of Law Enforcement or any law
561	enforcement authority whose jurisdiction includes a slot machine
562	licensee facility from conducting criminal investigations
563	occurring on the facilities of the slot machine licensee;
564	(b)  Restrict access to the slot machine licensee facility
565	by the Department of Law Enforcement or any local law
566	enforcement authority whose jurisdiction includes the slot
567	machine licensee facility; or
568	(c)  Restrict access to information and records necessary
569	to the investigation of criminal activity that is contained
570	within the slot machine licensee facility by the Department of
571	Law Enforcement or local law enforcement authorities.
572	(7)  The division may, at any time after the issuance of a
573	license pursuant to s. 551.107, adopt emergency rules pursuant
574	to s. 120.54. The Legislature finds that such emergency
575	rulemaking power is necessary for the preservation of the rights
576	and welfare of the people in order to provide additional funds
577	to benefit the public. The Legislature further finds that the
578	unique nature of legalized gambling requires, from time to time,
579	that the division respond as quickly as is practicable to
580	changes in the marketplace and changes in technology that may
581	affect legalized gambling conducted at pari-mutuel facilities in
582	this state. Therefore, in adopting such emergency rules, the
583	division need not make the findings required by s. 120.54(4)(a).
584	Emergency rules adopted to implement the provisions of this
585	chapter are exempt from s. 120.54(4)(c) and shall remain in
586	effect until replaced by other emergency rules or by rules
587	adopted under nonemergency rulemaking procedures of chapter 120.
588	551.107  License to conduct slot machine gaming.--
589	(1)  Upon application and a finding by the division after
590	investigation that the application is complete and the applicant
591	is qualified, and payment of the initial license fee the
592	division shall issue a license to conduct slot machine gaming in
593	the designated slot machine gaming area of the slot machine
594	licensee's facility. Once licensed, slot machine gaming may be
595	conducted subject to the requirements of this chapter and rules
596	adopted pursuant thereto. The division shall not be authorized
597	to accept an application or issue a license to operate slot
598	machine gaming at a pari-mutuel wagering facility until such
599	time as all rules mandated by this chapter for slot machine
600	operations have been filed for adoption with the Secretary of
601	State.
602	(2)  An application may be approved by the division only
603	after the voters of the county where the applicant's facility is
604	located have authorized by referendum slot machines within pari-
605	mutuel facilities in that county as specified in s. 23, Art. X
606	of the State Constitution.
607	(3)  A slot machine license may only be issued to a
608	licensed pari-mutuel permitholder and slot machine gaming may
609	only be conducted at the same facility at which the permitholder
610	is authorized under its valid pari-mutuel wagering permit to
611	conduct pari-mutuel wagering activities.
612	(4)  As a condition of licensure and to maintain continued
613	authority for the conduct of slot machine gaming the slot
614	machine licensee shall:
615	(a)  Continue to be in compliance with this chapter.
616	(b)  Continue to be in compliance with chapter 550, where
617	applicable, and maintain the pari-mutuel permit and license in
618	good standing pursuant to the provisions of chapter 550.
619	Notwithstanding any contrary provision of law and in order to
620	expedite the operation of slot machines at eligible facilities,
621	any eligible facility shall be entitled within 60 days after the
622	effective date of this act to amend its 2005-2006 license issued
623	by the Division of Pari-mutuel Wagering and shall be granted the
624	requested changes in its authorized performances pursuant to
625	such amendment. The Division of Pari-mutuel Wagering shall issue
626	a new license to the eligible facility to effectuate an
627	amendment.
628	(c)  Conduct not less than a full schedule of live races or
629	games as defined in s. 550.002(11). However, when a permitholder
630	fails to conduct such number of live races or games, that number
631	of live races or games shall be reduced by the number of races
632	or games which could not be conducted due to the direct result
633	of fire, war, or other disaster or event beyond the ability of
634	the permitholder to control.
635	(d)  Upon approval of any changes relating to the pari-
636	mutuel permit by the Division of Pari-mutuel Wagering in the
637	Department of Business and Professional Regulation, be
638	responsible for providing appropriate current and accurate
639	documentation on a timely basis to the division in order to
640	continue the slot machine license in good standing. Changes in
641	ownership or interest of a slot machine gaming license of 5
642	percent or more of the stock or other evidence of ownership or
643	equity in the slot machine license or any parent corporation or
644	other business entity that in any way owns or controls the slot
645	machine license shall be approved by the division prior to such
646	change, unless the owner is an existing holder of that license
647	who was previously approved by the division. Changes in
648	ownership or interest of a slot machine license of less than 5
649	percent shall be reported to the division within 20 days after
650	the change. The division may then conduct an investigation to
651	ensure that the license is properly updated to show the change
652	in ownership or interest.
653	(e)  Allow unrestricted access and right of inspection by
654	the division to facilities of a slot machine licensee in which
655	any activity relative to the conduct of slot machine gaming is
656	conducted.
657	(f)  Submit a security plan, including a slot machine floor
658	plan, location of security cameras, and the listing of security
659	equipment which shall be capable of observing and electronically
660	recording activities being conducted in the designated slot
661	machine gaming area.
662	(g)  Provide the division with a detailed operating system
663	description, including, but not limited to, any operating
664	software, access to the source codes for each game and slot
665	machine it will offer for play at its slot machine facility, and
666	certification by an independent testing laboratory that the
667	games, slot machines, and computer operating system conform to
668	the requirements of this chapter. Such descriptions shall also
669	be made available to the Department of Law Enforcement. The
670	division shall review and approve each game and machine for
671	compliance with this chapter and rules regulating games and slot
672	machines prior to approval of the game and machine. A slot
673	machine licensee shall not operate any game or machine prior to
674	its approval for use in its facility by the division.
675	(h)  Provide the division with a complete copy of internal
676	control procedures adopted by the licensee for its slot machine
677	operations. The division shall review and approve such internal
678	control procedures for compliance with rules adopted to ensure
679	patron safety, payout procedures, and security of tax revenues
680	to be paid to the state. Rules regarding requirements for the
681	internal control procedures shall include, but not be limited
682	to, audit and tax collection procedures, security procedures for
683	the collection of money for vouchers issued for slot machines,
684	and security and public safety procedures.
685	(5)  A slot machine license shall not be transferable.
686	(6)  A slot machine licensee may make available for play up
687	to 3,000 slot machines within its designated slot machine gaming
688	areas.
689	(7)  A slot machine licensee shall keep and maintain
690	permanent daily records of its slot machine operation and shall
691	maintain such records for a period of not less than 5 years.
692	These records shall include all financial transactions and
693	contain sufficient detail to determine compliance with the
694	requirements of this section. All records shall be available for
695	audit and inspection by the division, the Department of Law
696	Enforcement, or other law enforcement agencies during the
697	licensee's regular business hours. The information required in
698	such records shall be determined by division rule.
699	(8)  A slot machine licensee shall file with the division a
700	report containing the required records of such slot machine
701	operation. A slot machine licensee shall file such report
702	monthly. The required reports shall be submitted on forms
703	prescribed by the division and shall be due at the same time as
704	the monthly pari-mutuel reports are due to the Division of Pari-
705	mutuel Wagering, and the reports shall be deemed public records
706	once filed.
707	(9)  A slot machine licensee shall file with the division
708	an audit of the receipt and distribution of all slot machine
709	revenues provided by an independent certified public accountant
710	verifying compliance with all statutes and regulations imposed
711	by this chapter and the rules promulgated hereunder. The audit
712	shall include verification of compliance with all statutes and
713	regulations regarding all required records of slot machine
714	operations. Such audit shall be filed within 60 days after the
715	completion of the permitholder's pari-mutuel meet.
716	(10)  The division may share any information with the
717	Department of Law Enforcement or any other law enforcement
718	agency having jurisdiction over slot machine gaming or pari-
719	mutuel activities. Any law enforcement agency having
720	jurisdiction over slot machine gaming or pari-mutuel activities
721	may share any information obtained or developed by it with the
722	division.
723	551.1073  Slot machine license renewal.--
724	(1)  Slot machine licenses shall be renewed annually. The
725	application for renewal shall contain all revisions to the
726	information submitted in the prior year's application that are
727	necessary to maintain such information as both accurate and
728	current.
729	(2)  The applicant for renewal shall attest that any
730	information changes do not affect the applicant's qualifications
731	for license renewal.
732	(3)  The applicant shall submit information required by ss.
733	551.30 and be in compliance with rules adopted by the division.
734	(4)  Upon determination by the division that the
735	application for renewal is complete and qualifications have been
736	met, including payment of the renewal fee, the slot machine
737	license shall be renewed annually.
738	551.1075  Payment of taxes; determination and certification
739	of payment of state and local taxes.--
740	(1)  Any domestic or foreign corporation holding a slot
741	machine license must have applied for and been issued a
742	certificate of status by the Department of State evidencing
743	conclusively that the corporation is in existence and authorized
744	to do business in this state.
745	(2)  As a condition for license renewal and for
746	continuation of a license in good standing, the division may
747	determine whether the slot machine licensee has failed to pay
748	all taxes due to the division as a result of the licensee's
749	pari-mutuel and slot machine gaming operations. If the division
750	determines that the slot machine licensee is delinquent in the
751	payment of any such tax, it shall revoke, suspend, or refuse to
752	renew the license of the slot machine licensee.
753	(3)  On or before July 31 of each fiscal year, the
754	Department of Revenue shall certify to the Governor that a
755	corporation or other business entity or an individual holding a
756	slot machine license is current and in good standing in regard
757	to the payment of all state or local taxes due and payable to
758	the Department of Revenue or to an applicable local jurisdiction
759	for the prior fiscal year. If the Department of Revenue does not
760	certify that a licensee is current and in good standing, the
761	division shall revoke, suspend, or refuse to renew the license
762	of a slot machine licensee.
763	551.108  License fee; tax rate.--
764	(1)  LICENSE FEE.--
765	(a)  Upon approval of the application for a slot machine
766	license, the licensee must pay to the division a license fee of
767	$4 million. The license fee shall be paid annually upon renewal
768	of the slot machine license and shall be deposited into the Slot
769	Machine Administrative Trust Fund in the Department of Business
770	and Professional Regulation for the regulation of slot machine
771	gaming under this chapter.
772	(b)  Prior to January 1, 2006, the division shall evaluate
773	the license fee and, in consultation with the board, shall make
774	recommendations to the President of the Senate and the Speaker
775	of the House of Representatives. The recommendations shall focus
776	on the optimum level of slot machine license fees or a
777	combination of fees in order to properly support the slot
778	machine regulatory program.
779	(2)  TAX ON SLOT MACHINE REVENUES.--
780	(a)  The tax rate on slot machine revenues at each facility
781	shall be 55 percent.
782	(b)  The facility shall collect and transmit the tax to the
783	department on a daily basis for deposit into the Slot Machine
784	Administrative Trust Fund in the Department of Business and
785	Professional Regulation for immediate transfer to the
786	Educational Enhancement Trust Fund in the Department of
787	Education. Any interest earnings on the tax revenues shall also
788	be transferred to the Educational Enhancement Trust Fund.
789	(c)  Any expenditures of slot machine taxes shall be used
790	to supplement and not supplant public education dollars.
791	(3)  PAYMENT PROCEDURES.--Tax payments shall be remitted
792	daily, as determined by rule of the division. The slot machine
793	licensee shall file a report under oath by the 5th day of each
794	calendar month for all taxes remitted during the preceding
795	calendar month that shall show all slot machine activities for
796	the preceding calendar month and such other information as may
797	be required by the division.
798	(4)  FAILURE TO PAY TAX; PENALTIES.--A slot machine
799	licensee who fails to make tax payments as required under this
800	section shall be subject to an administrative penalty of up to
801	$1,000 for each day the tax payment is not remitted. All
802	administrative penalties imposed and collected shall be
803	deposited into the Slot Machine Administrative Trust Fund in the
804	Department of Business and Professional Regulation. If any slot
805	machine licensee fails to pay penalties imposed by order of the
806	division under this subsection, the division may suspend,
807	revoke, or refuse to renew the license of the slot machine
808	licensee.
809	(5)  FAILURE TO PAY TAX; GROUNDS TO SUSPEND, REVOKE, OR
810	REFUSE TO RENEW THE LICENSE.--In addition to the penalties
811	imposed under subsection (4), any willful or wanton failure by a
812	slot machine licensee to make payments of the tax constitutes
813	sufficient grounds for the division to suspend, revoke, or
814	refuse to renew the license of the slot machine licensee.
815	(6)  SUBMISSION OF FUNDS.--The division may require slot
816	machine licensees to remit taxes, fees, fines, and assessments
817	by electronic funds transfer.
818	551.1091  Occupational license required; application;
819	fee.--
820	(1)  The individuals and entities that are licensed under
821	this section require heightened state scrutiny, including the
822	submission by the individual licensees or persons associated
823	with the entities described in this chapter of fingerprints for
824	a criminal records check.
825	(2)(a)  The following licenses shall be issued to persons
826	or entities with access to the designated slot machine gaming
827	area or to persons who, by virtue of the position they hold,
828	might be granted access to these areas or to any other person or
829	entity in one of the following categories.
830	1.  General occupational licenses for general employees,
831	food service, maintenance, and other similar service and support
832	employees with access to the designated slot machine gaming
833	area. Service and support employees with a current pari-mutuel
834	occupational license issued pursuant to chapter 550 and a
835	current background check are not required to submit to an
836	additional background check for a slot machine occupational
837	license as long as the pari-mutuel occupational license remains
838	in good standing.
839	2.  Professional occupational licenses for any person,
840	proprietorship, partnership, corporation, or other entity that
841	is authorized by a slot machine licensee to manage, oversee, or
842	otherwise control daily operations as a slot machine manager,
843	floor supervisor, security personnel, or any other similar
844	position of oversight of gaming operations.
845	3.  Business occupational licenses for any slot machine
846	management company or slot machine business associated with slot
847	machine gaming or a person who manufactures, distributes, or
848	sells slot machines, slot machine paraphernalia, or other
849	associated equipment to slot machine licensees or any person not
850	an employee of the slot machine licensee who provides
851	maintenance, repair, or upgrades or otherwise services a slot
852	machine or other slot machine equipment.
853	(b)  Slot machine occupational licenses are not
854	transferable.
855	(3)  A slot machine licensee shall not employ or otherwise
856	allow a person to work at a slot machine facility unless such
857	person holds a valid occupational license. A slot machine
858	licensee shall not contract or otherwise do business with a
859	business required to hold a slot machine occupational license
860	unless the business holds such a license. A slot machine
861	licensee shall not employ or otherwise allow a person to work in
862	a supervisory or management professional level at a slot machine
863	facility unless such person holds a valid occupational license.
864	All slot machine occupational licensees, while present in the
865	slot machine gaming area, shall be required to display on their
866	persons their occupational license identification cards.
867	(4)(a)  A person seeking a slot machine occupational
868	license, or renewal thereof, shall make application on forms
869	prescribed by the division and include payment of the
870	appropriate application fee. Initial and renewal applications
871	for slot machine occupational licenses shall contain all the
872	information the division, by rule, may determine is required to
873	ensure eligibility.
874	(b)  The division shall establish, by rule, a schedule for
875	the annual renewal of slot machine occupational licenses.
876	(c)  Pursuant to rules adopted by the division, any person
877	may apply for and, if qualified, be issued an occupational
878	license valid for a period of 3 years upon payment of the full
879	occupational license fee for each of the 3 years for which the
880	license is issued. The occupational license shall be valid
881	during its specified term at any slot machine facility where
882	slot machine gaming is authorized to be conducted.
883	(d)  The slot machine occupational license fee for initial
884	application and annual renewal shall be determined by rule of
885	the division but shall not exceed $50 for a general or
886	professional occupational license for an employee of the slot
887	machine licensee or $1,000 for a business occupational license
888	for nonemployees of the licensee providing goods or services to
889	the slot machine licensee. License fees for general occupational
890	licensees shall be paid for by the slot machine licensee.
891	Failure to pay the required fee shall be grounds for
892	disciplinary action by the division against the slot machine
893	license but shall not be considered a violation of this chapter
894	or rules of the division by the general occupational licensee or
895	a prohibition against the issuance of the initial or the renewal
896	of the general occupational license.
897	(5)  If the state gaming commission or other similar
898	regulatory authority of another state or jurisdiction extends to
899	the division reciprocal courtesy to maintain disciplinary
900	control, the division may:
901	(a)  Deny an application for or revoke, suspend, or place
902	conditions or restrictions on a license of a person or entity
903	who has been refused a license by any other state gaming
904	commission or similar authority; or
905	(b)  Deny an application for or suspend or place conditions
906	on a license of any person or entity who is under suspension or
907	has unpaid fines in another jurisdiction.
908	(6)(a)  The division may deny, suspend, revoke, or declare
909	ineligible any occupational license if the applicant for or
910	holder thereof has violated the provisions of this chapter or
911	the rules of the division governing the conduct of persons
912	connected with slot machine gaming. In addition, the division
913	may deny, suspend, revoke, or declare ineligible any
914	occupational license if the applicant for such license has been
915	convicted in this state, in any other state, or under the laws
916	of the United States of a capital felony, a felony, or an
917	offense in any other state which would be a felony under the
918	laws of this state involving arson; trafficking in, conspiracy
919	to traffic in, smuggling, importing, conspiracy to smuggle or
920	import, or delivery, sale, or distribution of a controlled
921	substance; or a crime involving a lack of good moral character,
922	or has had a slot machine gaming license revoked by this state
923	or any other jurisdiction for an offense related to slot machine
924	gaming.
925	(b)  The division may deny, declare ineligible, or revoke
926	any occupational license if the applicant for such license or
927	the licensee has been convicted of a felony or misdemeanor in
928	this state, in any other state, or under the laws of the United
929	States, if such felony or misdemeanor is related to gambling or
930	bookmaking as contemplated in s. 849.25.
931	(7)  Fingerprints for all slot machine occupational license
932	applications shall be taken in a manner approved by the division
933	and shall be submitted to the Department of Law Enforcement and
934	the Federal Bureau of Investigation for a level II criminal
935	records check upon initial application and every 5 years
936	thereafter. All persons associated with, having a direct or
937	indirect ownership interest in, or employed by or working within
938	a licensed premise, excluding division employees and law
939	enforcement officers assigned by their employing agencies to
940	work within the premises as part of their official duties, are
941	required to not be convicted of any disqualifying criminal
942	offenses as established by division rule. To facilitate the
943	required review of criminal history information, each person
944	listed here is required to submit fingerprints to the division.
945	The division shall forward the fingerprints to the Department of
946	Law Enforcement for state processing. The Department of Law
947	Enforcement shall forward the fingerprints to the Federal Bureau
948	of Investigation for national processing.
949	(a)  Fingerprints shall be taken in a manner approved by
950	the division and shall be submitted electronically to the
951	Department of Law Enforcement and the Federal Bureau of
952	Investigation for a criminal records check upon initial taking,
953	or as required thereafter by rule of the division, and every 5
954	years thereafter. Licensees are required to provide necessary
955	equipment approved by the Department of Law Enforcement to
956	facilitate such electronic submission. The division may by rule
957	require annual criminal history record checks of all persons
958	required to submit to the fingerprint-based criminal records
959	check. The division requirements under this subsection shall be
960	instituted in consultation with the Department of Law
961	Enforcement.
962	(b)  The cost of processing fingerprints and conducting a
963	records check shall be borne by the licensee or the person being
964	checked. The Department of Law Enforcement may invoice the
965	division for the fingerprints submitted each month.
966	(c)  Beginning February 1, 2006, all fingerprints submitted
967	to the Department of Law Enforcement and required by this
968	section shall be retained by the Department of Law Enforcement
969	in a manner provided by rule of the Department of Law
970	Enforcement and entered into the statewide automated fingerprint
971	identification system as authorized by s. 943.05(2)(b). Such
972	fingerprints shall thereafter be available for all purposes and
973	uses authorized for arrest fingerprint cards entered into the
974	statewide automated fingerprint identification system pursuant
975	to s. 943.051.
976	(d)  Beginning February 1, 2006, the Department of Law
977	Enforcement shall search all arrest fingerprints received under
978	s. 943.051 against the fingerprints retained in the statewide
979	automated fingerprint identification system under paragraph (c).
980	Any arrest record that is identified with the retained
981	fingerprints of a person subject to the criminal history
982	screening requirements of this section shall be reported to the
983	division. Each racetrack or fronton is required to participate
984	in this search process by payment of an annual fee to the
985	division which shall forward the payment to the Department of
986	Law Enforcement. The division shall inform the Department of Law
987	Enforcement of any change in the license status of licensees
988	whose fingerprints are retained under subparagraph (c). The
989	amount of the annual fee to be imposed upon each racetrack or
990	fronton for performing these searches and the procedures for the
991	retention of licensee fingerprints and the dissemination of
992	search results shall be established by rule of the Department of
993	Law Enforcement. The fee shall be borne by the person
994	fingerprinted or the licensee.
995	(e)  Every 5 years following issuance of a license or upon
996	conducting a criminal history check as required herein, each
997	person who is so licensed or who was so checked must meet the
998	screening requirements as established by the division rule, at
999	which time the division shall request the Department of Law
1000	Enforcement to forward the fingerprints to the Federal Bureau of
1001	Investigation for a criminal records check. If, for any reason
1002	following initial licensure or criminal history check, the
1003	fingerprints of a person who is licensed or who was checked are
1004	not retained by the Department of Law Enforcement as provided in
1005	this section, the person must file a complete set of
1006	fingerprints with the division. Upon submission of fingerprints
1007	for this purpose, the division shall request the Department of
1008	Law Enforcement to forward the fingerprints to the Federal
1009	Bureau of Investigation for a criminal records check, and the
1010	fingerprints shall be retained by the Department of Law
1011	Enforcement as authorized herein. The cost of the state and
1012	national criminal history check required herein shall be borne
1013	by the licensee or the person fingerprinted. Under penalty of
1014	perjury, each person who is licensed or who is checked as
1015	required by this section must agree to inform the division
1016	within 48 hours if he or she is convicted of any disqualifying
1017	offense while he or she is so licensed.
1018	(8)  All moneys collected pursuant to this section shall be
1019	deposited into the Slot Machine Administrative Trust Fund.
1020	551.1111  Prohibited relationships.--
1021	(1)  A person employed by or performing any function on
1022	behalf of the division or the board shall not:
1023	(a)  Be an officer, director, owner, or employee of any
1024	person or entity licensed by the division.
1025	(b)  Have or hold any interest, direct or indirect, in or
1026	engage in any commerce or business relationship with any person
1027	licensed by the division.
1028	(2)  No employee of the division or relative living in the
1029	same household of such employee of the division shall be allowed
1030	to wager at any time on a slot machine located at a facility
1031	licensed by the division.
1032	(3)  No occupational licensee or relative living in the
1033	same household of such occupational licensee shall be allowed to
1034	wager at any time on a slot machine located at a facility where
1035	that person is employed.
1036	(4)  A manufacturer or distributor of slot machines shall
1037	not enter into any contract with a slot machine licensee that
1038	provides for any revenue sharing of any kind or nature that is,
1039	directly or indirectly, calculated on the basis of a percentage
1040	of slot machine revenues. Any maneuver, shift, or device whereby
1041	this provision is violated shall be a violation of this chapter
1042	and shall render any such agreement void.
1043	(5)  A manufacturer or distributor of slot machines or any
1044	equipment necessary for the operation of slot machines or an
1045	officer, director, or employee of any such manufacturer or
1046	distributor shall not have any ownership or financial interest
1047	in a slot machine license or in any business owned by the slot
1048	machine licensee.
1049	551.1113  False statements; skimming of slot machine
1050	proceeds; cheating; theft; arrest and recovery; penalties.--
1051	(1)  Any person who intentionally makes or causes to be
1052	made or aids, assists, or procures another to make a false
1053	statement in any report, disclosure, application, or any other
1054	document required under this chapter or any rule adopted under
1055	this chapter commits a misdemeanor of the first degree,
1056	punishable as provided in s. 775.082 or s. 775.083.
1057	(2)  Any person who intentionally excludes, or takes any
1058	action in an attempt to exclude, anything or its value from the
1059	deposit, counting, collection, or computation of revenues from
1060	slot machine activity or any person who by trick or sleight of
1061	hand performance, or by a fraud or fraudulent scheme, or device,
1062	for himself or herself or for another, wins or attempts to win
1063	money or property or a combination thereof or reduces a losing
1064	wager or attempts to reduce a losing wager in connection with
1065	slot machine gaming commits a felony of the third degree,
1066	punishable as provided in s. 775.082, s. 775.083, or. 775.084.
1067	(a)  Any law enforcement officer or slot machine operator
1068	who has probable cause to believe that a violation of this
1069	subsection has been committed by a person and that the officer
1070	or operator can recover the lost proceeds from such activity by
1071	taking the person into custody may, for the purpose of
1072	attempting to effect such recovery or for prosecution, take the
1073	person into custody on the premises and detain the person in a
1074	reasonable manner and for a reasonable period of time. If the
1075	operator takes the person into custody, a law enforcement
1076	officer shall be called to the scene immediately. The taking
1077	into custody and detention by a law enforcement officer or slot
1078	machine operator, if done in compliance with this subsection,
1079	does not render such law enforcement officer or slot machine
1080	operator criminally or civilly liable for false arrest, false
1081	imprisonment, or unlawful detention.
1082	(b)  Any law enforcement officer may arrest, either on or
1083	off the premises and without warrant, any person if there is
1084	probable cause to believe that person has violated this
1085	subsection.
1086	(c)  Any person who resists the reasonable effort of a law
1087	enforcement officer or slot machine operator to recover the lost
1088	slot machine proceeds that the law enforcement officer or slot
1089	machine operator had probable cause to believe had been stolen
1090	from the eligible facility, and who is subsequently found to be
1091	guilty of violating this subsection, commits a misdemeanor of
1092	the first degree, punishable as provided in s. 775.082 or s.
1093	775.083, unless such person did not know or did not have reason
1094	to know that the person seeking to recover the lost proceeds was
1095	a law enforcement officer or slot machine operator. For purposes
1096	of this section, the charge of theft and the charge of resisting
1097	apprehension may be tried concurrently.
1098	(d)  Theft of any slot machine proceeds or of property
1099	belonging to the slot machine operator or eligible facility by
1100	an employee of the operator or facility or by an employee of a
1101	person, firm, or entity that has contracted to provide services
1102	to the establishment constitutes a felony of the third degree,
1103	punishable as provided in s. 775.082 or s. 775.083.
1104	551.1115  Slot machines; authorization.--Notwithstanding
1105	any provision of law to the contrary, no slot machine
1106	manufactured, sold, distributed, possessed, or operated
1107	according to the provisions of this chapter shall be considered
1108	unlawful.
1109	551.1119  Facilities of slot machine licensees.--
1110	(1)  In addition to the power to exclude certain persons
1111	from any facility of a slot machine licensee in this state, the
1112	division may exclude any person from any facility of a slot
1113	machine licensee in this state for conduct that would
1114	constitute, if the person were a licensee, a violation of this
1115	chapter or the rules of the division. The division may exclude
1116	from any facility of a slot machine licensee any person who has
1117	been ejected from a facility of a slot machine licensee in this
1118	state or who has been excluded from any facility of a slot
1119	machine licensee or gaming facility in another state by the
1120	governmental department, agency, commission, or authority
1121	exercising regulatory jurisdiction over the gaming in such other
1122	state.
1123	(2)  This section shall not be construed to abrogate the
1124	common law right of a slot machine licensee to exclude a patron
1125	absolutely in this state.
1126	(3)  The division shall require the posting of signs in the
1127	designated slot machine gaming areas warning of the risks and
1128	dangers of gambling, showing the odds of winning, and informing
1129	patrons of the toll-free telephone number available to provide
1130	information and referral services regarding compulsive or
1131	problem gambling.
1132	(4)  The division shall require slot machine licensees to
1133	provide in the designated slot machine gaming area facilities
1134	and equipment sufficient to allow the observation of and
1135	wagering on live, intertrack, and simulcast races and games.
1136	(5)  The permitholder shall provide adequate office space
1137	at no cost to the division and the Department of Law Enforcement
1138	for the oversight of slot machines operations. The division
1139	shall promulgate rules setting the criteria for adequate space,
1140	configuration, and location and needed electronic and
1141	technological requirements for office space required by this
1142	subsection.
1143	551.121  Minors prohibited from playing slot machines.--
1144	(1)  A slot machine licensee or agent or employee of a slot
1145	machine licensee shall not:
1146	(a)  Allow a person who has not attained 21 years of age to
1147	play any slot machine.
1148	(b)  Allow a person who has not attained 21 years of age
1149	access to the designated slot machine gaming area of a facility
1150	of a slot machine licensee.
1151	(c)  Allow a person who has not attained 21 years of age to
1152	be employed in any position allowing or requiring access to the
1153	designated slot machine gaming area of a facility of a slot
1154	machine licensee.
1155	(2)  No person licensed under this chapter, or any agent or
1156	employee of a licensee under this chapter, shall intentionally
1157	allow a person who has not attained 21 years of age to play or
1158	operate a slot machine or have access to the designated slot
1159	machine area of a facility of a slot machine licensee.
1160	551.125  Prohibited activities and devices.--
1161	(1)  No complimentary alcoholic beverages shall be served
1162	to patrons within the designated slot machine gaming areas.
1163	(2)  A slot machine licensee shall not make any loan or
1164	provide credit or advance cash to enable a person to play a slot
1165	machine.
1166	(3)  A slot machine licensee shall not allow any automated
1167	teller machine or similar device designed to provide credit or
1168	dispense cash to be located within 50 feet of a designated slot
1169	machine gaming area within the facilities of the slot machine
1170	licensee.
1171	(4)  A slot machine licensee shall not accept or cash any
1172	third party, corporate, business, or government-issued check
1173	from any person.
1174	(5)  Each slot machine approved for use in this state shall
1175	be protected against manipulation or tampering to affect the
1176	random probabilities of winning plays, and the centralized
1177	computer management system shall enable the division or the
1178	Department of Law Enforcement to suspend play upon suspicion of
1179	any manipulation or tampering. When play has been suspended on
1180	any slot machine, the division or the Department of Law
1181	Enforcement may examine any slot machine to determine whether
1182	the machine has been tampered with or manipulated and whether
1183	the machine should be returned to operation.
1184	(6)  No slot machine or the computer operating system
1185	linking the slot machine shall be linked by any means to any
1186	other slot machine or computer operating system of another slot
1187	machine licensee.
1188	(7)  No outcome of play or continuation of play may be
1189	manipulated, through programming or otherwise, to display a
1190	result that appears to be a near win, gives the impression that
1191	the player is getting close to a win, or in any way gives a
1192	false impression that the chance to win is improved by another
1193	play; however, this subsection does not apply to general
1194	promotional enticements such as graphic displays and sound
1195	effects that do not falsely imply that the chance of winning
1196	improves by continued play.
1197	551.20  Days and hours of operation.--Slot machine gaming
1198	areas may be open 365 days a year. The slot machine gaming areas
1199	may be open only from 10:00 a.m. until 2:00 a.m. Sunday through
1200	Saturday.
1201	551.202  Catering license.--A slot machine licensee is
1202	entitled to a caterer's license pursuant to s. 565.02 on days in
1203	which the pari-mutuel facility is open to the public for slot
1204	machine game play as authorized by this chapter.
1205	551.204  Purchasing and employment by slot machine
1206	licensee.--
1207	(1)  The slot machine licensee shall maintain a policy of
1208	making purchases from vendors in this state. Furthermore, the
1209	slot machine licensee shall create opportunities to purchase
1210	from minority vendors and shall implement the policy and
1211	purchasing opportunities in a nondiscriminatory manner.
1212	(2)  The slot machine licensee shall maintain a policy of
1213	awarding preference in employment to residents of this state, as
1214	defined by law.
1215	(3)  The slot machine licensee shall use the Internet-based
1216	job listing system of the Agency for Workforce Innovation in
1217	advertising employment opportunities. Further, each slot machine
1218	licensee in its gaming operations shall create equal employment
1219	opportunities which shall be implemented in a nondiscriminatory
1220	manner in hiring and promoting employees to achieve the full and
1221	fair participation of women, Asians, blacks, Hispanics, Native
1222	Americans, persons with disabilities, and other protected groups
1223	within the city where the pari-mutuel facility is located, and
1224	an action plan and programs shall be implemented by each slot
1225	machine licensee designed to ensure that the percentage of the
1226	minority population in which the pari-mutuel facility is located
1227	is considered to the extent minority applications are submitted
1228	in equal proportion to the number of jobs open for hiring at
1229	entry level, managerial, supervisory, and any other positions,
1230	unless there is a bona fide occupational qualification requiring
1231	a distinct and unique employment expertise which a minority
1232	applicant does not possess.
1233	551.25  Penalties for violations by licensee.--The division
1234	may revoke or suspend any license issued under this chapter upon
1235	the willful violation by the licensee of any provision of this
1236	chapter or of any rule adopted under this chapter. In lieu of
1237	suspending or revoking a license, the division may impose a
1238	civil penalty against the licensee for a violation of this
1239	chapter or any rule adopted by the division. Except as otherwise
1240	provided in this chapter, the penalty so imposed may not exceed
1241	$1,000 for each count or separate offense. All penalties imposed
1242	and collected must be deposited into the Slot Machine
1243	Administrative Trust Fund in the department.
1244	551.30  State Slot Machine Gaming Board.--
1245	(1)  CREATION.--
1246	(a)  There is created a board known as the State Slot
1247	Machine Gaming Board which shall be housed within the division.
1248	(b)  The board is not a unit or entity of state government.
1249	However, the board is subject to the provisions of s. 24, Art. I
1250	of the State Constitution and chapter 119, relating to public
1251	meetings and records and the provisions of chapter 286 relating
1252	to public meetings and records.
1253	(c)  The principal office of the board shall be in
1254	Tallahassee; however, the board may conduct meetings in any
1255	county where slot machine gaming is authorized to be conducted.
1256	(d)  The board shall hire or contract for all staff
1257	necessary for the proper execution of its powers and duties
1258	within the funds appropriated to implement this section and
1259	shall comply with the code of ethics for public officers and
1260	employees under part III of chapter 112. In no case may the
1261	board expend more than its annual appropriation for staffing and
1262	necessary administrative expenditures, including, but not
1263	limited to, travel and per diem and audit expenditures, using
1264	funds appropriated to implement this section. The funds
1265	appropriated shall be derived from a portion of the imposition
1266	of regulatory fees to offset the costs of regulation.
1267	(e)  The division shall provide administrative support to
1268	the board as requested by the board. In the event of the
1269	dissolution of the board, the division shall be the board's
1270	successor in interest and shall assume all rights, duties, and
1271	obligations of the board.
1272	(2)  PURPOSE.--The board's purpose shall be to provide
1273	administrative advisory oversight to the division's regulation
1274	of slot machine gaming, monitor the impacts of slot machine
1275	gaming in the affected communities and the state as a whole, and
1276	ensure that the intent of s. 23, Art. X of the State
1277	Constitution is met as it relates to the expenditures of taxes
1278	on slot machines to supplement public education.
1279	(3)  MEMBERSHIP.--
1280	(a)  The board shall consist of nine voting members of high
1281	moral character, impeccable reputation, and demonstrable
1282	business expertise. No more than two members shall be residents
1283	of a county where slot machine gaming is authorized to be
1284	conducted. The Governor shall appoint the members of the board.
1285	The director of the division shall serve as an ex officio,
1286	nonvoting member of the board. Appointment of members of the
1287	board shall be confirmed by the Senate.
1288	(b)  Each member of the board shall serve for a term of 4
1289	years, except that initially the Governor shall appoint three
1290	members for a term of 1 year, three members for a term of 2
1291	years, and three members for a term of 4 years to achieve
1292	staggered terms among the members of the board. A member is not
1293	eligible for reappointment to the board, except that a member
1294	appointed to an initial term of 1 year or 2 years may be
1295	reappointed for an additional term of 4 years and a person
1296	appointed to fill a vacancy with 2 years or less remaining on
1297	the term may be reappointed for an additional term of 4 years.
1298	(c)  The Governor shall fill a vacancy on the board. A
1299	vacancy that occurs before the scheduled expiration of the term
1300	of the member shall be filled for the remainder of the unexpired
1301	term.
1302	(d)  Each member of the board who is not otherwise required
1303	to file financial disclosure under s. 8, Art. II of the State
1304	Constitution or s. 112.3144 shall file disclosure of financial
1305	interests under s. 112.3145.
1306	(e)  A person may not be appointed to the board if he or
1307	she has any direct or indirect interest in any slot machine
1308	licensee or any aspect of the gambling industry or any
1309	affiliated activities. A person appointed to the board shall be
1310	deemed an appointed state officer for the purposes of s.
1311	112.313.
1312	(f)  Each member of the board shall serve without
1313	compensation, but shall receive travel and per diem expenses as
1314	provided in s. 112.061 while in the performance of his or her
1315	duties.
1316	(g)  Each member of the board is accountable for the proper
1317	performance of the duties of office, and each member owes a
1318	fiduciary duty to the people of the state to ensure that all
1319	activities are conducted in furtherance of this section. The
1320	Governor may remove a member for malfeasance, misfeasance,
1321	neglect of duty, incompetence, permanent inability to perform
1322	official duties, unexcused absence from three consecutive
1323	meetings of the board, arrest or indictment for a crime that is
1324	a felony or a misdemeanor involving theft or moral turpitude, a
1325	crime of dishonesty, or pleading nolo contendere to, or being
1326	found guilty of, any crime.
1327	(4)  ORGANIZATION; MEETINGS.--
1328	(a)1.  The board shall annually elect a chairperson and a
1329	vice chairperson from among the board's members. The members
1330	may, by a vote of five of the nine board members, remove a
1331	member from the position of chairperson or vice chairperson
1332	prior to the expiration of his or her term as chairperson or
1333	vice chairperson. His or her successor shall be elected to serve
1334	for the balance of the removed chairperson's or vice
1335	chairperson's term.
1336	2.  The chairperson is responsible to ensure that records
1337	are kept of the proceedings of the board and is the custodian of
1338	all books, documents, and papers filed with the board, the
1339	minutes of meetings of the board, and the official seal of the
1340	board.
1341	(b)1.  The board shall meet upon the call of the
1342	chairperson or at the request of a majority of the members, but
1343	no less than quarterly per calendar year.
1344	2.  A majority of the voting members of the board
1345	constitutes a quorum. Except as otherwise provided in this
1346	section, the board may take official action by a majority vote
1347	of the members present at any meeting at which a quorum is
1348	present. Members may not vote by proxy.
1349	3.  A member of the board may participate in a meeting of
1350	the board by telephone or video conference through which each
1351	member may hear every other member.
1352	(5)  POWERS AND DUTIES.--The board:
1353	(a)  May perform all acts and things necessary or
1354	convenient to carry out the powers expressly granted in this
1355	section.
1356	(b)  May recommend to the division and the Legislature
1357	expenditures from regulatory funds provided by this chapter,
1358	including any necessary administrative expenditures consistent
1359	with its powers, and ways to supplement public education from
1360	taxes collected from slot machine gaming.
1361	(c)  May receive and review reports and financial
1362	documentation provided by the slot machine licensee pursuant to
1363	this chapter to monitor compliance with the provisions of this
1364	chapter.
1365	(d)  May receive testimony and information from law
1366	enforcement officials regarding the impact of slot machine
1367	gaming on criminal activity in and around slot machine
1368	facilities.
1369	(e)  May receive testimony and information from local
1370	governments and tourist development councils regarding the
1371	impact of slot machine gaming on their communities and the
1372	tourism of their respective areas.
1373	(f)  May make recommendations to the division and to the
1374	Office of Program Policy Analysis and Government Accountability
1375	on the performance measures for the regulatory responsibilities
1376	set forth in this chapter.
1377	(g)  May monitor criminal activity in and around the slot
1378	machine facilities in this state and recommend to the
1379	Legislature ways to curb such activity.
1380	(h)  May receive testimony from education officials,
1381	education groups, and the public regarding the expenditures of
1382	taxes received from slot machine gaming and make recommendations
1383	to the Legislature on ways to spend these funds to supplement
1384	public education.
1385	(i)  Shall prepare an annual report as prescribed herein.
1386	(j)  Shall make recommendations to the division on
1387	reporting requirements on slot machine gaming facilities. The
1388	board shall recommend to the division the means, method, and
1389	timing of reporting, at a minimum, in the following areas:
1390	1.  The net number and dollar value of all jobs created,
1391	including the number of jobs held by Florida residents.
1392	2.  The total net amount of revenues generated for state
1393	government from all tax and fee sources related to the slot
1394	machine operation.
1395	3.  The measures taken by the slot machine licensee to
1396	prevent, control, and treat problem gambling.
1397	4.  The operational status and quality of operation of the
1398	slot machine licensee's preslot machine pari-mutuel enterprise.
1399	5.  Documentation of continuing capital reinvestment by the
1400	slot machine licensee for the economic benefit of the community.
1401	6.  Information relating to all complaints and charges of
1402	violations by a slot machine facility constituting a nuisance
1403	and the outcome of such charges.
1404	7.  A detailed summary of all lobbying activities conducted
1405	by or on behalf of the slot machine licensee, including the
1406	amount and source of funds expended.
1407	(6)  REVIEW OF RULES.--The division shall provide a copy of
1408	any proposed rules to the board and allow sufficient time for
1409	review and response by the board. Emergency rules shall not be
1410	subject to this requirement.
1411	(7)  ANNUAL REPORT.--By December 1 of each year, the board
1412	shall prepare a report of the activities and outcomes under this
1413	section for the preceding fiscal year. The report, at a minimum,
1414	must include:
1415	(a)  A description of the activities of the board and slot
1416	machine licensees and a description of the substance of reports
1417	required for submission by the licensee to the board.
1418	(b)  A description of the public testimony received by the
1419	board.
1420	(c)  A description of any resolutions from county or
1421	municipal governments or tourist development councils or
1422	affidavits from law enforcement officials received by the board.
1423	(d)  Information on the number and salary level of jobs
1424	created by each of the slot machine licensees, including the
1425	number and salary level of jobs created for residents of this
1426	state.
1427	(e)  Information collected, if any, on the amount and
1428	nature of economic activity generated through the slot machine
1429	operations-related activities of each of the slot machine
1430	licensees.
1431	(f)  A compliance and financial audit of the accounts and
1432	records of the board at the end of the preceding fiscal year
1433	conducted by the division.
1434	(g)  A description of any recommendations made to the
1435	division or the Legislature by the board consistent with its
1436	grant of authority herein.
1437
1438	The board shall submit the report to the Governor, the President
1439	of the Senate, and the Speaker of the House of Representatives.
1440	(8)  OFFICE OF PROGRAM POLICY ANALYSIS AND GOVERNMENT
1441	ACCOUNTABILITY; PROGRAM EVALUATION.--
1442	(a)  Before January 1, 2008, and annually thereafter, the
1443	Office of Program Policy Analysis and Government Accountability
1444	shall conduct a performance audit of the board, the division,
1445	and slot machine licensees relating to the provisions of this
1446	chapter. The audit shall assess the implementation and outcomes
1447	of activities under this chapter. The audit shall include an
1448	evaluation of reports and financial documentation provided to
1449	the board under paragraphs (5)(c)-(e) by the slot machine
1450	licensee, law enforcement officials, local governments, and
1451	tourist development councils, and reports provided to the board
1452	under paragraph (5)(j) including documentation of continuing
1453	capital reinvestment by the slot machine licensee and
1454	information relating to violations by a slot machine facility
1455	constituting a nuisance. At a minimum, the audit shall address:
1456	1.  Performance of the slot machine licensees in operating
1457	slot machine gaming and complying with the rules under this
1458	chapter.
1459	2.  Performance of the board under this chapter.
1460	3.  Compliance by the board with the provisions of this
1461	section and the provisions of the rules.
1462	4.  Economic activity generated through slot machine
1463	operations by the slot machine licensees.
1464	5.  The expenditure of slot machine taxes and whether these
1465	expenditures supplemented or supplanted public education
1466	dollars.
1467	(b)  A report of each audit's findings and recommendations
1468	shall be submitted to the Governor, the President of the Senate,
1469	and the Speaker of the House of Representatives.
1470	551.33  Law enforcement affidavits.--The chief law
1471	enforcement officer of any county or municipality where a slot
1472	machine licensee is authorized to conduct slot machine gaming at
1473	a pari-mutuel facility and the chief law enforcement officer of
1474	any municipality contiguous to a municipality where such slot
1475	machine licensee is authorized to conduct slot machine gaming
1476	shall execute at least once annually an affidavit verifying,
1477	based upon information or belief, whether the applicable local
1478	budgeting authority has provided sufficient funding to
1479	adequately address additional law enforcement responsibilities
1480	directly or indirectly resulting from the slot machine gaming
1481	operations. The affidavit shall be transmitted to the board.
1482	551.34  Local government resolutions.--
1483	(1)  The board of county commissioners and the governing
1484	body of a municipality where a slot machine licensee is
1485	authorized to conduct slot machine gaming and any municipality
1486	contiguous to the municipality where such slot machine licensee
1487	is authorized to conduct slot machine gaming must adopt a
1488	resolution at least once annually that expresses, at a minimum,
1489	whether slot machine gaming is being operated in a manner that
1490	demonstrates a commitment to ameliorate detriment to the public
1491	economic and social health, safety, and welfare of the community
1492	governed by the applicable body.
1493	(2)  The governing body of any municipality that is not
1494	required to adopt a resolution pursuant to subsection (1) may
1495	adopt a resolution addressing slot machine gaming impacts on the
1496	local community. The resolution should contain a recitation of
1497	those factual circumstances which support a conclusion that the
1498	operations of the slot machine licensee have a substantial
1499	effect on the public economic and social health, safety, and
1500	welfare of the municipality.
1501	(3)  The resolution shall be transmitted to the board.
1502	551.341  Tourist development council resolutions.--
1503	(1)  Any tourist development council, organized under the
1504	provisions of part I of chapter 125, or the board of county
1505	commissioners if there is no tourist development council in that
1506	county, must adopt a resolution at least once annually that
1507	expresses, at a minimum, whether slot machine gaming is being
1508	operated in a manner that demonstrates a commitment to the
1509	growth and expansion of tourism in this state and a commitment
1510	to ameliorate detriment to communities that are current tourist
1511	destinations but do not have slot machine gaming being conducted
1512	at pari-mutuel facilities within their jurisdiction.
1513	(2)  The resolution should contain a recitation of those
1514	factual circumstances which support a conclusion that the
1515	operations of slot machine licensees have a substantial positive
1516	or negative effect on the expansion and growth of tourism within
1517	their jurisdiction. Tourism impacts shall be supported, as a
1518	part of the resolution, by statistical data and other practical
1519	collateral impacts and evidence on local tourism activity.
1520	(3)  The resolution shall be transmitted to the board.
1521	551.40  Compulsive gambling program.--The division may
1522	contract for provision of services related to the prevention and
1523	treatment of compulsive and addictive gambling. The terms of any
1524	contract for the provision of such services shall include
1525	accountability standards that must be met by any private
1526	provider. The failure of any private provider to meet any
1527	material terms of the contract, including the accountability
1528	standards, shall constitute a breach of contract or grounds for
1529	nonrenewal. The division may consult with the Department of the
1530	Lottery in the development of the program and the development
1531	and analysis of any procurement for contractual services for its
1532	compulsive or addictive gambling treatment program. The
1533	compulsive or addictive gambling treatment program shall be
1534	funded from the annual nonrefundable regulatory fee provided for
1535	in s. 551.108(1)(a).
1536	Section 6.  Section 849.15, Florida Statutes, is amended to
1537	read:
1538	849.15  Manufacture, sale, possession, etc., of coin-
1539	operated devices prohibited.--
1540	(1)  It is unlawful:
1541	(a)(1)  To manufacture, own, store, keep, possess, sell,
1542	rent, lease, let on shares, lend or give away, transport, or
1543	expose for sale or lease, or to offer to sell, rent, lease, let
1544	on shares, lend or give away, or permit the operation of, or for
1545	any person to permit to be placed, maintained, or used or kept
1546	in any room, space, or building owned, leased or occupied by the
1547	person or under the person's management or control, any slot
1548	machine or device or any part thereof; or
1549	(b)(2)  To make or to permit to be made with any person any
1550	agreement with reference to any slot machine or device, pursuant
1551	to which the user thereof, as a result of any element of chance
1552	or other outcome unpredictable to him or her, may become
1553	entitled to receive any money, credit, allowance, or thing of
1554	value or additional chance or right to use such machine or
1555	device, or to receive any check, slug, token or memorandum
1556	entitling the holder to receive any money, credit, allowance or
1557	thing of value.
1558	(2)  Pursuant to section 2 of that certain chapter of the
1559	Congress of the United States entitled "An act to prohibit
1560	transportation of gaming devices in interstate and foreign
1561	commerce", approved January 2, 1951, being c. 1194, 64 Stat.
1562	1134, and also designated as 15 U.S.C. 1171-1177, the State of
1563	Florida, acting by and through its duly elected and qualified
1564	members of its Legislature, does hereby in this section, and in
1565	accordance with and in compliance with the provisions of section
1566	2 of such chapter of Congress, declare and proclaim that any
1567	county of the State of Florida, within which slot machine gaming
1568	is authorized pursuant to chapter 551 is exempt from the
1569	provisions of section 2 of that certain chapter of the Congress
1570	of the United States entitled "An act to prohibit transportation
1571	of gaming devices in interstate and foreign commerce",
1572	designated U.S.C. 1171-1177, approved January 2, 1951. All
1573	shipments of gaming devices, including slot machines, into any
1574	county of this state within which slot machine gaming is
1575	authorized pursuant to chapter 551, the registering, recording,
1576	and labeling of which have been duly done by the manufacturer or
1577	distributor thereof in accordance with sections 3 and 4 of that
1578	certain chapter of the Congress of the United States entitled,
1579	"An act to prohibit transportation of gaming devices in
1580	interstate and foreign commerce", approved January 2, 1951,
1581	being c. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
1582	1171-1177, shall be deemed legal shipments thereof into any such
1583	county provided the destination of such shipments is to a
1584	licensed eligible facility as defined s. 551.103.
1585	Section 7.  Subsections (1) and (2) of section 895.02,
1586	Florida Statutes, are amended to read:
1587	895.02  Definitions.--As used in ss. 895.01-895.08, the
1588	term:
1589	(1)  "Racketeering activity" means to commit, to attempt to
1590	commit, to conspire to commit, or to solicit, coerce, or
1591	intimidate another person to commit:
1592	(a)  Any crime which is chargeable by indictment or
1593	information under the following provisions of the Florida
1594	Statutes:
1595	1.  Section 210.18, relating to evasion of payment of
1596	cigarette taxes.
1597	2.  Section 403.727(3)(b), relating to environmental
1598	control.
1599	3.  Section 409.920 or s. 409.9201, relating to Medicaid
1600	fraud.
1601	4.  Section 414.39, relating to public assistance fraud.
1602	5.  Section 440.105 or s. 440.106, relating to workers'
1603	compensation.
1604	6.  Section 465.0161, relating to distribution of medicinal
1605	drugs without a permit as an Internet pharmacy.
1606	7.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and
1607	499.0691, relating to crimes involving contraband and
1608	adulterated drugs.
1609	8.  Part IV of chapter 501, relating to telemarketing.
1610	9.  Chapter 517, relating to sale of securities and
1611	investor protection.
1612	10.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1613	to dogracing and horseracing.
1614	11.  Chapter 550, relating to jai alai frontons.
1615	12.  Section 551.1113, relating to slot machine gaming.
1616	13.12.  Chapter 552, relating to the manufacture,
1617	distribution, and use of explosives.
1618	14.13.  Chapter 560, relating to money transmitters, if the
1619	violation is punishable as a felony.
1620	15.14.  Chapter 562, relating to beverage law enforcement.
1621	16.15.  Section 624.401, relating to transacting insurance
1622	without a certificate of authority, s. 624.437(4)(c)1., relating
1623	to operating an unauthorized multiple-employer welfare
1624	arrangement, or s. 626.902(1)(b), relating to representing or
1625	aiding an unauthorized insurer.
1626	17.16.  Section 655.50, relating to reports of currency
1627	transactions, when such violation is punishable as a felony.
1628	18.17.  Chapter 687, relating to interest and usurious
1629	practices.
1630	19.18.  Section 721.08, s. 721.09, or s. 721.13, relating
1631	to real estate timeshare plans.
1632	20.19.  Chapter 782, relating to homicide.
1633	21.20.  Chapter 784, relating to assault and battery.
1634	22.21.  Chapter 787, relating to kidnapping.
1635	23.22.  Chapter 790, relating to weapons and firearms.
1636	24.23.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1637	s. 796.05, or s. 796.07, relating to prostitution and sex
1638	trafficking.
1639	25.24.  Chapter 806, relating to arson.
1640	26.25.  Section 810.02(2)(c), relating to specified
1641	burglary of a dwelling or structure.
1642	27.26.  Chapter 812, relating to theft, robbery, and
1643	related crimes.
1644	28.27.  Chapter 815, relating to computer-related crimes.
1645	29.28.  Chapter 817, relating to fraudulent practices,
1646	false pretenses, fraud generally, and credit card crimes.
1647	30.29.  Chapter 825, relating to abuse, neglect, or
1648	exploitation of an elderly person or disabled adult.
1649	31.30.  Section 827.071, relating to commercial sexual
1650	exploitation of children.
1651	32.31.  Chapter 831, relating to forgery and
1652	counterfeiting.
1653	33.32.  Chapter 832, relating to issuance of worthless
1654	checks and drafts.
1655	34.33.  Section 836.05, relating to extortion.
1656	35.34.  Chapter 837, relating to perjury.
1657	36.35.  Chapter 838, relating to bribery and misuse of
1658	public office.
1659	37.36.  Chapter 843, relating to obstruction of justice.
1660	38.37.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1661	or s. 847.07, relating to obscene literature and profanity.
1662	39.38.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1663	s. 849.25, relating to gambling.
1664	40.39.  Chapter 874, relating to criminal street gangs.
1665	41.40.  Chapter 893, relating to drug abuse prevention and
1666	control.
1667	42.41.  Chapter 896, relating to offenses related to
1668	financial transactions.
1669	43.42.  Sections 914.22 and 914.23, relating to tampering
1670	with a witness, victim, or informant, and retaliation against a
1671	witness, victim, or informant.
1672	44.43.  Sections 918.12 and 918.13, relating to tampering
1673	with jurors and evidence.
1674	(b)  Any conduct defined as "racketeering activity" under
1675	18 U.S.C. s. 1961(1).
1676	(2)  "Unlawful debt" means any money or other thing of
1677	value constituting principal or interest of a debt that is
1678	legally unenforceable in this state in whole or in part because
1679	the debt was incurred or contracted:
1680	(a)  In violation of any one of the following provisions of
1681	law:
1682	1.  Section 550.235, s. 550.3551, or s. 550.3605, relating
1683	to dogracing and horseracing.
1684	2.  Chapter 550, relating to jai alai frontons.
1685	3.  Section 551.1113, relating to slot machine gaming.
1686	4.3.  Chapter 687, relating to interest and usury.
1687	5.4.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1688	s. 849.25, relating to gambling.
1689	(b)  In gambling activity in violation of federal law or in
1690	the business of lending money at a rate usurious under state or
1691	federal law.
1692	Section 8.  The Legislature has exclusive authority over
1693	the conduct of all wagering occurring at a slot machine facility
1694	in this state. Only the division and other authorized state
1695	agencies shall administer chapter 551, Florida Statutes, and
1696	regulate the slot machine gaming industry, including operation
1697	of slot machine facilities, games, slot machines, and
1698	centralized computer management systems authorized in chapter
1699	551 and the rules adopted by the division.
1700	Section 9.  Referenda.--
1701	(1)  Notwithstanding any other provision of law, a county
1702	in which a slot machine facility is located may call a
1703	referendum to give the voters an opportunity to deauthorize slot
1704	machine operations as an undue burden on the county, and shall
1705	call such referendum upon a petition signed by the lesser of
1706	10,000 electors or 1 percent of the electors residing within the
1707	county.
1708	(2)  When a referendum is called as a result of a petition
1709	having been signed by a sufficient number of the electors of a
1710	county, the county supervisor of elections shall conduct such
1711	referendum on the day of any state or county primary or general
1712	election that is being held for any purpose other than for the
1713	purpose of deauthorizing slot machine operations as an undue
1714	burden. The question on the ballot shall be:
1715	SHOULD THE OPERATION OF SLOT MACHINES IN [COUNTY NAME] BE
1716	DEAUTHORIZED AS AN UNDUE BURDEN UPON THE COUNTY?
1717	(3)  The results shall be certified to the Division of
1718	Elections of the Department of State.
1719	(4)  Notwithstanding any other provision of law, each
1720	municipality and county in which a slot machine facility is
1721	located and each municipality that is contiguous to a
1722	municipality where a slot machine facility is located may call a
1723	referendum to give the voters an opportunity to declare the slot
1724	machine operation an undue burden on the community, and shall
1725	call such referendum upon:
1726	(a)  Petition signed by the lesser of 1,000 electors or 5
1727	percent of the electors residing within the municipality; or
1728	(b)  Petition signed by the lesser of 10,000 electors or 1
1729	percent of the electors residing within the county.
1730	(5)  When a referendum is called as a result of a
1731	sufficient number of petitions having been signed by the
1732	electors of a county or municipality, the county supervisor of
1733	elections shall conduct such referendum on the day of any state,
1734	county, or municipal primary or general election or on the day
1735	of any election of such county or municipality that is being
1736	held for any purpose other than for the purpose of declaring
1737	whether the operation of slot machines is an undue burden. The
1738	question on the ballot shall be:
1739	SHOULD THE OPERATION OF SLOT MACHINES IN [NAME OF
1740	COUNTY][NAME OF MUNICIPALITY] OR IN A MUNICIPALITY
1741	CONTIGUOUS TO [NAME OF MUNICIPALITY] BE DECLARED AN UNDUE
1742	BURDEN?
1743	(6)  The results shall be transmitted to the board for its
1744	consideration and inclusion in its annual report and to the
1745	Office of Program Policy Analysis and Government Accountability
1746	for its use in conducting performance audits and evaluations.
1747	(7)  Once the question on the ballot has been placed before
1748	the electors of a county or municipality, the question shall not
1749	be presented in another referendum in that county or that
1750	municipality for at least 2 years.
1751	Section 10.  Any tribal-state compact relating to gaming
1752	activities which is entered into by an Indian tribe in this
1753	state and the Governor pursuant to the Indian Gaming Regulatory
1754	Act, 25 U.S.C. ss. 2701 et seq., must be conditioned upon
1755	ratification by the Legislature.
1756	Section 11.  Department of Transportation study of
1757	transportation facilities providing access to pari-mutuel
1758	facilities and Indian reservations; report and recommendations
1759	authorized.--
1760	(1)  The Department of Transportation is directed to
1761	conduct a study of the impacts that slot machine gaming at pari-
1762	mutuel facilities and on Indian reservation lands are having on
1763	public roads and other transportation facilities, regarding
1764	traffic congestion and other mobility issues, facility
1765	maintenance and repair costs, emergency evacuation readiness,
1766	costs of potential future widening or other improvements, and
1767	other impacts on the motoring, nongaming public.
1768	(2)  The study shall include, but is not limited to, the
1769	following information:
1770	(a)  A listing, description, and functional classification
1771	of the access roads to and from pari-mutuel facilities and
1772	Indian reservations that conduct slot machine gaming in the
1773	state.
1774	(b)  An identification of the access roads identified under
1775	paragraph (a) that are either scheduled for improvements within
1776	the Department of Transportation's 5-year work program or are
1777	listed on the 20-year, long-range transportation plan of the
1778	department or a metropolitan planning organization.
1779	(c)  The most recent traffic counts on the access roads and
1780	projected future usage, as well as any projections of impacts on
1781	secondary, feeder, or connector roads, interstate highway exit
1782	and entrance ramps, or other area transportation facilities.
1783	(d)  The safety and maintenance ratings of each access road
1784	and a detailed review of impacts on local and state emergency
1785	management agencies to provide emergency or evacuation services.
1786	(e)  The estimated infrastructure costs to maintain,
1787	improve, or widen these access roads based on future projected
1788	needs.
1789	(f)  The feasibility of implementing tolls on these access
1790	roads or, if already tolled, raising the toll to offset and
1791	mitigate the impacts of traffic generated by pari-mutuel and by
1792	Indian reservation slot machine gaming activities on nontribal
1793	communities in the state and to finance projected future
1794	improvements to the access roads.
1795	(3)  The department shall present its findings and
1796	recommendations in a report to be submitted to the Governor, the
1797	President of the Senate, and the Speaker of the House of
1798	Representatives by January 15, 2006. The report may include any
1799	department recommendations for proposed legislation.
1800	Section 12.  Nonseverability.--The Legislature hereby finds
1801	that each provision of this act is an integral part of the
1802	strict supervision and regulation of slot machines authorized
1803	for play at pari-mutuel facilities meeting the geographic and
1804	operating requirements of section 23, Article X of the State
1805	Constitution. If any provision of this act is declared
1806	inoperative or ineffective for any reason whatsoever, the
1807	remaining provisions of this act shall be deemed to be void and
1808	of no effect, it being the legislative intent that this act
1809	would not have been adopted had any provision of the act
1810	creating it not been included.
1811	Section 13.  (1)  Sixty-four full-time equivalent positions
1812	are authorized and the sum of $4,792,259 in recurring and
1813	$4,036,486 in nonrecurring funds is hereby appropriated from the
1814	Slot Machine Administrative Trust Fund in the Department of
1815	Business and Professional Regulation for the purpose of carrying
1816	out all regulatory activities provided herein. The Executive
1817	Office of the Governor shall place these funds and positions in
1818	reserve until such time as the Department of Business and
1819	Professional Regulation submits an expenditure plan for approval
1820	to the Executive Office of the Governor, and the chair and vice
1821	chair of the Legislative Budget Commission in accordance with
1822	the provisions of section 216.177, Florida Statutes.
1823	(2)  The sum of $2,634,349 in recurring and $1,814,916 in
1824	nonrecurring funds is hereby appropriated from the Slot Machine
1825	Administrative Trust Fund in the Department of Business and
1826	Professional Regulation for transfer to the Department of Law
1827	Enforcement for the purpose of investigations, intelligence
1828	gathering, background investigations, and any other
1829	responsibilities as provided for herein. Fifty-seven full-time
1830	equivalent positions are authorized and the sum of $2,634,349 in
1831	recurring and $1,814,916 in nonrecurring funds is hereby
1832	appropriated from the Operating Trust Fund in the Department of
1833	Law Enforcement for the purpose of investigations, intelligence
1834	gathering, background investigations, and any other
1835	responsibilities as provided for herein. The Executive Office of
1836	the Governor shall place these funds and positions in reserve
1837	until such time as the Department of Law Enforcement submits an
1838	expenditure plan for approval to the Executive Office of the
1839	Governor and the chair and vice chair of the Legislative Budget
1840	Commission in accordance with the provisions of section 216.177,
1841	Florida Statutes.
1842	(3)  The sum of $158,154 in recurring and $24,498 in
1843	nonrecurring funds is hereby appropriated from the Slot Machine
1844	Administrative Trust Fund in the Department of Business and
1845	Professional Regulation for transfer to the Office of the State
1846	Attorney, 17th Judicial Circuit, for the purpose of prosecution
1847	of offenses associated with gaming operations. Ten full-time
1848	equivalent positions are authorized and the sum of $158,154 in
1849	recurring and $24,498 in nonrecurring funds is hereby
1850	appropriated from the Grants and Donations Trust Fund in the
1851	Office of the State Attorney, 17th Judicial Circuit, for the
1852	purpose of prosecution of offenses associated with gaming
1853	operations. The Executive Office of the Governor shall place
1854	these funds and positions in reserve until such time as the
1855	Office of the State Attorney, 17th Judicial Circuit, submits an
1856	expenditure plan for approval to the Executive Office of the
1857	Governor and the chair and vice chair of the Legislative Budget
1858	Commission in accordance with the provisions of section 216.177,
1859	Florida Statutes.
1860	Section 14.  This act shall take effect July 1, 2005.

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