Florida Senate - 2008 CS for SB 1380

By the Committee on Regulated Industries; and Senators Jones and King

580-04013A-08 20081380c1

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A bill to be entitled

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An act relating to electronic gaming machines; authorizing

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electronic gaming machines in certain pari-mutuel

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facilities; providing definitions; providing powers and

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duties of the Division of Pari-mutuel Wagering of the

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Department of Business and Professional Regulation and the

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Department of Law Enforcement; providing for rules;

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providing for licenses to conduct electronic gaming;

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providing for temporary licenses; providing for renewal of

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electronic gaming machine licenses; providing for license

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fees; providing for taxes; providing penalties; providing

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for occupational licenses; providing findings; providing

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for applications; providing for a fee; prohibiting certain

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relationships; prohibiting certain acts; providing

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penalties; providing for legality of electronic gaming

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machines; providing for exclusion of certain persons from

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the facilities; prohibiting persons under 21 years of age

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from operating electronic gaming machines; providing for

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electronic gaming machine areas within licensed gaming

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locations; providing for days and hours of operation of

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eligible facilities; providing for a compulsive-gambling-

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prevention program; providing penalties; providing for a

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caterer's license for food service at gambling

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establishments; prohibiting certain activities and

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devices; providing exceptions; providing for rules;

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providing for regulatory preemption to the state;

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providing exceptions to ss. 849.0931 and 849.094, F.S.;

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amending s. 215.22, F.S.; exempting taxes imposed on

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electronic gaming and electronic gaming machine revenue

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from specified service charges; amending s. 550.002, F.S.;

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providing for 100 live games at eligible jai alai

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facilities; amending s. 849.15, F.S.; providing for

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transportation of electronic gaming devices in accordance

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with federal law; amending s. 895.02, F.S.; providing that

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specified violations related to electronic gaming and

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electronic gaming machines constitute racketeering

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activity; providing that certain debt incurred in

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violation of specified provisions relating to electronic

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gaming and electronic gaming machines constitutes unlawful

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debt; authorizing additional positions and providing

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appropriations; providing for the use of certain

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unreserved funds in the Pari-mutuel Wagering Trust Fund;

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providing for repayment of such funds; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. Electronic gaming machines authorized.--An

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electronic gaming machine licensee may possess electronic gaming

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machines and operate electronic gaming machines at an eligible

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facility, as defined by this act, where the licensee is

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authorized to conduct pari-mutuel wagering activities pursuant to

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chapter 550, Florida Statutes. Notwithstanding any other

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provision of law, it is not a crime for a person to participate

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in electronic gaming at a facility licensed to possess electronic

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gaming machines or to operate electronic gaming machines as

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described in this act.

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     Section 2. Definitions.--As used in this act, the term:

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     (1) "Bingo or game of bingo" means bingo as defined in s.

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849.0931(1), Florida Statutes, whether or not electronic,

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computer, or other technological aids are used in connection with

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the game of bingo. Such aids may include the use of entertainment

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displays, including spinning reels, video displays, associated

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bonus displays, and video poker. In order for a game of bingo to

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take place, at least two live players must be competing for a

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common prize. As such, player gaming machines that contain the

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game of bingo may not be house-banked games and may not be

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electronic or electromechanical facsimiles of any game of chance.

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Bingo consists of players competing against other players for

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prizes resulting from a random draw or electronic determination

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and release or announcement of numbers or other designations

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necessary to form the pre-designated game-winning pattern on an

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electronic bingo card. A game ends when a participating player

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receives a pre-designated game-winning pattern and consolation

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prizes, if any, are awarded.

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     (2) "Bonus prize" means a prize awarded in a bingo game in

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addition to the game-winning prize. The bonus prize may be based

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on different pre-designated and pre-announced patterns from the

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game-winning pattern, on achieving a winning pattern in a

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specified quantity of numbers or designations drawn or

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electronically determined and released, or on any combination of

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these conditions. A bonus prize may be awarded as an interim

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prize while players are competing for the game-winning prize or

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as a consolation prize after a player has won the game-winning

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prize.

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     (3) "Designated electronic gaming machine area" means any

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area of a facility of an electronic gaming machine licensee in

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which electronic gaming may be conducted in accordance with this

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act.

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     (4) "Distributor" means any person who sells, leases,

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offers, or otherwise provides, distributes, or services any

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electronic gaming machine or associated equipment, software, or

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other functions required for use or play of electronic gaming

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machines in this state. A manufacturer may be a distributor

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within the state.

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     (5) "Division" means the Division of Pari-mutuel Wagering

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of the Department of Business and Professional Regulation.

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     (6) "Electronic game" means an electronically simulated

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bingo game played on an electronic gaming machine that, upon

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insertion of a ticket, or an electronic or account-based card, is

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available to play or simulate a game of bingo played on a network

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of electronic gaming machines. An electronic game may not be

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brought into this state until it has been tested and certified by

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a licensed testing laboratory and certified for play in this

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state. Electronic games simulating the game of bingo may not be

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house-banked. Bonus prizes and progressive prizes may be awarded

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to players at any licensed facility, and a player may receive a

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payoff in the form of tickets or electronic or account-based

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credits that may be exchanged for cash, merchandise, or other

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items of value.

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     (7) "Electronic gaming machine" means a player station,

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machine, or device, including associated equipment that is

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required to operate the player station, machine, or device, upon

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which an electronic game is played or operated. An electronic

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gaming machine may use spinning reels, video displays, video

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poker, or other similar technologies available now or in the

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future to convey outcomes to a player if the results displayed at

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the gaming machine are based upon simulated bingo game play, as

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approved by the department. No electronic game shall enter the

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state until it has been tested and certified by a licensed

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testing laboratory, and certified for play in the state. An

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electronic gaming machine must display one or more bingo cards to

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be used in the game before numbers or other designations for the

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game are randomly drawn. Any card in use by a player must be

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visible to the player during game play. All electronic gaming

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machines must be directly linked to a central computer for

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purposes of security, monitoring, and auditing. The central

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computer may not limit a facility's ability to deploy its

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electronic player tracking or electronic gaming accounting

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system. However, such systems must use a widely accepted open

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communications protocol to ensure interoperability among all

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manufacturers and to provide a player with the ability to

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seamlessly alternate play between the electronic gaming machines

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and electronic gaming machines of different licensed

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manufacturers. An electronic gaming machine is not a coin-

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operated amusement machine as defined in s. 212.02, Florida

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Statutes, or an amusement game or machine as described in s.

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849.161, Florida Statutes, and electronic gaming machines are not

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subject to the tax imposed by s. 212.05(1)(h), Florida Statutes.

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     (8) "Electronic gaming machine facility" means an eligible

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facility at which electronic gaming machines as defined in this

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act are lawfully offered for play.

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     (9) "Electronic gaming machine license" means a license

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issued by the division authorizing a licensee under chapter 550,

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Florida Statutes, to place and operate electronic gaming machines

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in an eligible facility.

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     (10) "Electronic gaming machine revenues" means all cash

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and property, except nonredeemable credits, received by the

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electronic gaming machine licensee from the operation of

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electronic gaming machines, less the amount of cash, cash

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equivalents, credits, and prizes paid to winners of electronic

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games.

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     (11) "Eligible facility" means any facility at which a

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licensee under chapter 550, Florida Statutes, conducted, during

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calendar year 2007, a full schedule of live racing or games, as

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defined in s. 550.002(11), Florida Statutes, including races or

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games under s. 550.475, Florida Statutes, or was authorized to

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conduct limited intertrack wagering under s. 550.6308, Florida

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Statutes, and which is not a slot machine facility licensed under

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chapter 551, Florida Statutes. A pari-mutuel facility may become

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an eligible facility if it meets the requirements of this

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subsection for the preceding 3 consecutive calendar years prior

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to submitting an application for a license to conduct electronic

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gaming.

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     (12) "Game-winning pattern" means a predetermined pattern

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on an electronic bingo card. Each game must have one game-winning

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pattern or arrangement that must be common to all players and may

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be won by multiple players simultaneously. A game-winning prize

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must be awarded in every game. The pattern designated as the

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game-winning pattern need not pay the highest prize available in

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the game. Other patterns may be designated for the award of bonus

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prizes in addition to the prize to be awarded based on the game-

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winning pattern.

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     (13) "Manufacturer" means any person who manufactures,

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builds, rebuilds, fabricates, assembles, produces, programs,

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designs, or modifies any electronic gaming machine or associated

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equipment for use or play in this state for gaming purposes. A

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manufacturer may be a distributor within the state.

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     (14) "Nonredeemable credits" means electronic gaming

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machine operating credits that cannot be redeemed for cash or any

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other thing of value by an electronic gaming machine, kiosk, or

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the electronic gaming machine licensee and that are provided free

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to patrons. Such credits are not nonredeemable credits until they

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are metered as credit into an electronic gaming machine and

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recorded in the facility-based monitoring system.

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     (15) "Progressive prize" means an established prize for a

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bingo game, funded by a percentage of each player's purchase or

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wager within one or more licensed facilities for a specific

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progressive bingo game, which is awarded to a player for

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obtaining a specific pre-designated and pre-announced pattern

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having a specified quantity of numbers or designations randomly

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drawn and released or electronically determined or randomly drawn

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and released or electronically determined in a specified

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sequence. The progressive prize must be rolled over to each

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subsequent specific progressive bingo game until it is won.

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     Section 3. Powers and duties of the division and the

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Department of Law Enforcement.?-

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     (1) The division shall adopt, pursuant to ss. 120.536(1)

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and 120.54, Florida Statutes, rules necessary to implement,

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administer, and regulate the operation of electronic gaming

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machines in this state. The rules must include:

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     (a) Procedures for applying for and renewing electronic

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gaming machine licenses.

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     (b) Technical requirements and qualifications to receive an

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electronic gaming machine license or electronic gaming machine

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occupational license.

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     (c) Procedures to ensure that no electronic game or

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electronic gaming machine shall enter the state and be offered

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for play until it has been tested and certified by a licensed

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testing laboratory for play in the state. The procedures shall

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address measures to scientifically test and technically evaluate

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electronic gaming machines for compliance with this act. The

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division may contract with an independent testing laboratory to

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conduct any necessary testing. The independent testing laboratory

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must have a national reputation indicating that it is

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demonstrably competent and qualified to scientifically test and

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evaluate electronic games and electronic gaming machines and to

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perform the functions required by this act. An independent

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testing laboratory may not be owned or controlled by a licensee.

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The selection of an independent testing laboratory for any

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purpose related to the conduct of electronic gaming machines by a

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licensee shall be made from a list of laboratories approved by

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the division. The division shall adopt rules regarding the

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testing, certification, control, and approval of electronic games

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and electronic gaming machines.

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     (d) Procedures relating to electronic gaming machine

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revenues, including verifying and accounting for such revenues,

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auditing, and collecting taxes and fees.

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     (e)1. Procedures for regulating, managing, and auditing the

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operation, financial data, and program information relating to

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electronic gaming machines that enable the division and the

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Department of Law Enforcement to audit the operation, financial

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data, and program information of an electronic gaming machine

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licensee required by the division or the Department of Law

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Enforcement.

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2. Procedures to allow the division and the Department of

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Law Enforcement to monitor, at any time on a real-time basis,

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wagering patterns, payouts, tax collection, and compliance with

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division rules, including the ability of the division or the

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Department of Law Enforcement to suspend play immediately on

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particular electronic gaming machines if such monitoring of the

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facilities-based computer system indicates possible tampering

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with or manipulation of the electronic gaming machines or the

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ability to immediately suspend play of the entire operation if

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the tampering or manipulation is of the computer system. The

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division shall notify the Department of Law Enforcement or the

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Department of Law Enforcement shall notify the division, as

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appropriate, when there is a suspension of play under this

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paragraph. The division and the Department of Law Enforcement

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shall exchange information that is necessary for and cooperate in

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the investigation of the circumstances requiring suspension of

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play.

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     (f) Procedures to require each licensee, at the licensee's

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expense, to supply the division a bond having the penal sum of $2

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million payable to the Governor for each year of the licensee's

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electronic gaming machine operations. Any bond shall be issued by

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a surety approved by the division and the Chief Financial

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Officer, conditioned to pay the Chief Financial Officer as

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treasurer of the division. The licensee must keep its books and

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records and make reports as provided in this act and conduct

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electronic gaming machine operations in conformity with this act

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and other provisions of law. Such bond shall be separate from the

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bond required in s. 550.125, Florida Statutes.

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     (g) Procedures to require licensees to maintain specified

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records and submit any data, information, record, or report,

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including financial and income records, required by this act or

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rules of the division.

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     (h) A requirement that the payout percentage of an

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electronic gaming machine be no less than 85 percent. The

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theoretical payout percentage will be determined using standard

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methods of probability theory.

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     (i) Minimum standards for security of the facilities,

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including floor plans, security cameras, and other security

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equipment.

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     (j) Procedures to require electronic gaming machine

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licensees to implement and establish drug-testing programs for

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all electronic gaming machine occupational licensees.

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     (2) The division shall conduct investigations necessary to

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fulfill its responsibilities under this act.

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     (3) The Department of Law Enforcement and local law

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enforcement agencies have concurrent jurisdiction to investigate

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criminal violations of this act and may investigate any other

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criminal violation of law occurring at the facilities of an

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electronic gaming machine licensee. Such investigations may be

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conducted in conjunction with the appropriate state attorney.

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     (4)(a) The division, the Department of Law Enforcement, and

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local law enforcement agencies have unrestricted access to an

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electronic gaming machine licensee's facility at all times and

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shall require each electronic gaming machine licensee to strictly

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comply with the laws of this state relating to the transaction of

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such business. The division, the Department of Law Enforcement,

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and local law enforcement agencies may:

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     1. Inspect and examine premises where electronic gaming

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machines are offered for play.

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     2. Inspect electronic gaming machines and related equipment

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and supplies.

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     (b) In addition, the division may:

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     1. Collect taxes, assessments, fees, and penalties.

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     2. Deny, revoke, suspend, or place conditions on the

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license of a person who violates this act or rules adopted

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pursuant thereto.

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     (5) The division shall revoke or suspend the license of any

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person who is no longer qualified or who is found, after

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receiving a license, to have been unqualified at the time of

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application for the license.

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     (6) This section does not:

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     (a) Prohibit the Department of Law Enforcement or any law

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enforcement authority whose jurisdiction includes a licensed

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facility from conducting investigations of criminal activities

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occurring at the facility;

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     (b) Restrict access to an electronic gaming machine

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licensee's facility by the Department of Law Enforcement or any

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local law enforcement authority whose jurisdiction includes the

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electronic gaming machine licensee's facility; or

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     (c) Restrict access by the Department of Law Enforcement or

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local law enforcement authorities to information and records

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necessary to the investigation of criminal activity which are

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contained within the electronic gaming machine licensee's

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facility.

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     Section 4. License to conduct electronic gaming.--

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     (1) Upon application and a finding by the division after

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investigation that the application is complete and the applicant

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is qualified and payment of the initial license fee, the division

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may issue a license to conduct electronic gaming in any

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designated electronic gaming machine area of an eligible

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facility.

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     (2) An electronic gaming machine license may be issued only

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to a person or entity licensed to conduct pari-mutuel wagering

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under chapter 550, Florida Statutes, and electronic gaming may be

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operated only at the eligible facility at which the licensee is

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authorized to conduct pari-mutuel wagering activities.

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     (3) As a condition of licensure and to maintain continued

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authority for the conduct of electronic gaming, an electronic

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gaming machine licensee shall:

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     (a) Continue to comply with this act.

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     (b) Continue to comply with chapter 550, Florida Statutes,

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where applicable, and maintain the pari-mutuel permit and license

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in good standing pursuant to chapter 550, Florida Statutes.

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Notwithstanding any contrary provision of law, a pari-mutuel

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permitholder may, within 60 days after the effective date of this

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act, amend its pari-mutuel wagering operating license. The

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division shall issue a new license to the permitholder to

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effectuate any approved change.

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     (c) Conduct no fewer than a full schedule of live racing or

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games as defined in s. 550.002(11), Florida Statutes, including

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conducting races or games under s. 550.475, Florida Statutes, or

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be authorized to conduct limited intertrack wagering under s.

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550.6308, Florida Statutes, at the eligible facility. A

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permitholder's responsibility to conduct such number of live

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races or games shall be reduced by the number of races or games

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that could not be conducted due to the direct result of fire,

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war, hurricane, or other disaster or event beyond the control of

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the permitholder.

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     (d) Upon approval of any changes relating to the pari-

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mutuel permit by the division, provide appropriate current and

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accurate documentation, on a timely basis, to the division to

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maintain the electronic gaming machine license. Changes in

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ownership or interest in an electronic gaming machine license of

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5 percent or more of the stock or other evidence of ownership or

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equity in the electronic gaming machine license or of any parent

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corporation or other business entity that owns or controls the

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electronic gaming machine license must be approved by the

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division prior to such change, unless the owner is an existing

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holder of the license who was previously approved by the

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division. Any changes in ownership or interest in an electronic

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gaming machine license of less than 5 percent, unless such change

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results in a cumulative total of 5 percent or more, shall be

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reported to the division within 20 days after the change. The

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division may conduct an investigation to ensure that the license

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is properly updated to show the change in ownership or interest.

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Reporting is not required if the person is holding 5 percent or

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less equity or securities of a corporate owner of the electronic

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gaming machine licensee that has its securities registered

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pursuant to section 12 of the Securities Exchange Act of 1934, 15

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U.S.C. ss. 78a-78kk, and if such corporation or entity files with

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the United States Securities and Exchange Commission the reports

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required by section 13 of that act or if the securities of the

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corporation or entity are regularly traded on an established

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securities market in the United States. A change in ownership or

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interest of less than 5 percent which results in a cumulative

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ownership or interest of 5 percent or more must be approved by

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the division prior to such change unless the owner is an existing

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holder of the license who was previously approved by the

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division.

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     (e) Allow the division and the Department of Law

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Enforcement unrestricted access to and right of inspection of

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facilities of an electronic gaming machine licensee in which any

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activity relative to the operation of electronic gaming machines

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is conducted.

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     (f) Ensure that the facilities-based computer system that

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the licensee will use for operational and accounting functions of

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the electronic gaming machine facility is specifically structured

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to facilitate regulatory oversight. The facilities-based computer

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system shall be designed to give the division and the Department

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of Law Enforcement the ability to monitor, at any time on a real-

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time basis, the wagering patterns, payouts, tax collection, and

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such other operations as are necessary to determine whether the

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facility is in compliance with statutory provisions and rules

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adopted by the division for the regulation and control of

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electronic gaming machines. The division and the Department of

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Law Enforcement shall have continuous access to this system,

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including the ability of the division or the Department of Law

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Enforcement to suspend play immediately on particular electronic

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gaming machines if monitoring of the system indicates possible

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tampering with or manipulation of those electronic gaming

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machines or the ability to immediately suspend play of the entire

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operation if the tampering or manipulation is of the computer

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system. The computer system shall be reviewed and approved by the

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division to ensure necessary access, security, and functionality.

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The division may adopt rules to provide for the approval process.

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     (g) Ensure that each electronic gaming machine and

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electronic game is protected from manipulation or tampering to

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affect the random probabilities of winning plays. The division or

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the Department of Law Enforcement may suspend play upon

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reasonable suspicion of any manipulation or tampering. When play

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has been suspended on any electronic gaming machine, the division

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or the Department of Law Enforcement may examine any electronic

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gaming machine to determine whether the machine has been tampered

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with or manipulated and whether the machine should be returned to

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operation.

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     (h) Submit a security plan, including the facilities' floor

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plans, the locations of security cameras, and a listing of all

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security equipment that is capable of observing and

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electronically recording activities being conducted in the

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facilities of the electronic gaming machine licensee. The

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security plan must meet the minimum security requirements as

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determined by the division under this act, and be implemented

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prior to operation of electronic gaming machine games. The

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electronic gaming machine licensee's facilities must adhere to

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the security plan at all times. Any changes to the security plan

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must be submitted by the licensee to the division before they are

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implemented. The division shall furnish copies of the security

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plan and changes in the plan to the Department of Law

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Enforcement.

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     (i) Create and file with the division a written policy for:

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     1. Creating opportunities to purchase from vendors in this

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state, including minority vendors.

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     2. Creating opportunities for employment of residents of

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this state, including minority residents.

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     3. Ensuring opportunities for construction services from

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minority contractors.

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     4. Ensuring that opportunities for employment are offered

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on an equal, nondiscriminatory basis.

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     5. Training for employees on responsible gaming and working

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with a compulsive or addictive gambling prevention program to

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further its purposes as provided for in this act.

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     6. The implementation of a drug-testing program that

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includes, but is not limited to requiring each employee to sign

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an agreement that he or she understands that the electronic

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gaming machine facility is a drug-free workplace.

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The electronic gaming machine licensee shall use the Internet-

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based job-listing system of the Agency for Workforce Innovation

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in advertising employment opportunities. Beginning in June 2009,

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each electronic gaming machine licensee shall submit an annual

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report to the division containing information indicating

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compliance with this paragraph in regard to minority persons.

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     (j) Ensure that the payout percentage of an electronic

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gaming machine is no less than 85 percent. The theoretical payout

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percentage will be determined using standard methods of

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probability theory.

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     (5) An electronic gaming machine license is not

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transferable.

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     (6) An electronic gaming machine licensee shall keep and

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maintain permanent daily records of its electronic gaming machine

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operation and shall maintain such records for a period of not

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less than 5 years. These records must include all financial

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transactions and contain sufficient detail to determine

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compliance with this act. All records shall be available for

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audit and inspection by the division, the Department of Law

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Enforcement, or other law enforcement agencies during the

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licensee's regular business hours.

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     (7) An electronic gaming machine licensee shall file with

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the division a monthly report containing the required records of

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such electronic gaming machine operation. The required reports

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shall be submitted on forms prescribed by the division and shall

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be due at the same time as the monthly pari-mutuel reports are

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due. Such reports are public records once filed.

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     (8) An electronic gaming machine licensee shall file with

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the division an audit of the receipt and distribution of all

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electronic gaming machine revenues provided by an independent

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certified public accountant verifying compliance with all

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financial and auditing provisions of this act and rules adopted

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under this act. The audit must include verification of compliance

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with all statutes and rules regarding all required records of

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electronic gaming machine operations. Such audit shall be filed

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within 120 days after completion of the permitholder's fiscal

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year.

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     (9) The division may share any information with the

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Department of Law Enforcement, any other law enforcement agency

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with jurisdiction over electronic gaming machines or pari-mutuel

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activities, or any other state or federal law enforcement agency

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the division or the Department of Law Enforcement deems

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appropriate. Any law enforcement agency having jurisdiction over

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electronic gaming machines or pari-mutuel activities may share

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with the division information obtained or developed by it.

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     (10)(a) An electronic gaming machine license or renewal may

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not be issued to an applicant licensed under chapter 550, Florida

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Statutes, to conduct live pari-mutuel wagering races or games

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unless the applicant has on file with the division a binding

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written agreement between:

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     1. The applicant and the Florida Horsemen's Benevolent and

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Protective Association, Inc., or the association representing a

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majority of the thoroughbred owners and trainers at the

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applicant's eligible facility; or

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     2. The applicant and the Florida Standardbred Breeders and

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Owners Association, Inc., or the association representing a

508

majority of the standardbred owners and trainers at the

509

applicant's eligible facility; or

510

     3. The applicant and the Florida Greyhound Association,

511

Inc., or the association representing a majority of the greyhound

512

owners and trainers at the applicant's eligible facility; or

513

     4. The applicant and the Florida Quarter Horse Racing

514

Association, Inc., or the association representing a majority of

515

the quarter horse owners and trainers at the applicant's eligible

516

facility; or

517

     5. The applicant and the International Jai Alai Players

518

Association or a binding written agreement approved by a majority

519

of the jai alai players at the applicant's eligible facility.

520

521

The agreement shall govern the payment of awards and purses on

522

live thoroughbred, harness, quarter horse, and dog races or

523

player awards on Jai Alai games conducted at the licensee's pari-

524

mutuel facility.

525

     (b) An electronic gaming machine license or renewal thereof

526

may not be issued to such an applicant unless the applicant has

527

on file with the division a binding written agreement between the

528

applicant and the Florida Thoroughbred Breeders' Association,

529

Inc., the Florida Standardbred Breeders and Owners Association,

530

Inc., the Florida Quarter Horse Racing Association, Inc., or the

531

association representing a majority of the racehorse owners and

532

breeders at the applicant's eligible facility governing the

533

payment of breeders', stallion, and special racing awards on live

534

thoroughbred races conducted at the licensee's pari-mutuel

535

facility. The agreement governing purses and the agreement

536

governing awards may direct the payment of such purses and awards

537

from revenues generated by any wagering or games the applicant is

538

authorized to conduct under state law. All purses and awards are

539

subject to the terms of chapter 550, Florida Statutes. All sums

540

for breeders', stallion, and special racing awards shall be

541

remitted monthly to the Florida Thoroughbred Breeders'

542

Association, Inc., for the payment of awards subject to the

543

administrative fee authorized in s. 550.2625(3), Florida

544

Statutes.

545

     (c) An electronic gaming machine license or renewal thereof

546

may not be issued to an applicant licensed to conduct intertrack

547

wagering under s. 550.6308, Florida Statutes, unless the

548

applicant has on file with the division a binding written

549

agreement between the applicant and the Florida Thoroughbred

550

Breeders' Association, Inc., dedicating to the payment of

551

breeders', stallion, and special racing awards on live

552

thoroughbred races conducted in this state at least the same

553

percentage of electronic gaming machine revenues as the highest

554

percentage of electronic gaming machine revenues dedicated to

555

purses and awards in a current agreement under this subsection by

556

an applicant licensed under chapter 550, Florida Statutes, to

557

conduct live thoroughbred races, with at least half of such funds

558

distributed as special racing awards.

559

     (d) The division shall suspend an electronic gaming machine

560

license if any agreement required under paragraph (a) is

561

terminated or otherwise ceases to operate or if the division

562

determines that the licensee is materially failing to comply with

563

the terms of such agreement. Any suspension shall take place in

564

accordance with chapter 120, Florida Statutes.

565

     (e)1. If an agreement required under paragraph (a) cannot

566

be reached prior to the initial issuance of the electronic gaming

567

machine license, either party may request arbitration or, in the

568

case of a renewal, if such agreement is not in place 120 days

569

prior to the scheduled expiration date of the electronic gaming

570

machine license, the applicant shall immediately ask the American

571

Arbitration Association to furnish a list of 11 arbitrators, each

572

of whom shall have at least 5 years of commercial arbitration

573

experience and no financial interest in or prior relationship

574

with any party or with an affiliated or related entity or

575

principal. Each required party to the agreement shall select a

576

single arbitrator from the list within 10 days after receipt, and

577

the persons selected shall choose one additional arbitrator from

578

the list within 10 days.

579

     2. If an agreement required under paragraph (a) is not in

580

place 60 days after the request under subparagraph 1., in the

581

case of an initial electronic gaming machine license or, in the

582

case of a renewal, 60 days prior to the scheduled expiration date

583

of the license, the matter shall be immediately submitted to

584

mandatory binding arbitration. The three arbitrators selected

585

pursuant to subparagraph 1. shall conduct the arbitration

586

pursuant to the American Arbitration Association Commercial

587

Arbitration Rules and chapter 682, Florida Statutes.

588

     3. At the conclusion of the proceedings, which may be no

589

later than 90 days after the request under subparagraph 1. in the

590

case of an initial electronic gaming machine license or, in the

591

case of a renewal, 30 days prior to the scheduled expiration date

592

of the electronic gaming machine license, the arbitration panel

593

shall present to the parties a proposed agreement that the

594

majority of the panel believes equitably balances the rights,

595

interests, obligations, and reasonable expectations of the

596

parties. The parties shall immediately enter into such agreement,

597

which shall satisfy the requirements of paragraph (a) and permit

598

issuance of the pending annual electronic gaming machine license

599

or renewal. The agreement shall be effective until the last day

600

of the license or renewal period or until the parties enter into

601

a different agreement. Each party shall pay its respective costs

602

of arbitration and shall pay one-half of the costs of the

603

arbitration panel, unless the parties otherwise agree. If the

604

agreement remains in place 120 days prior to the scheduled

605

issuance of the next annual license renewal, the arbitration

606

process established in this paragraph shall begin again.

607

     4. If neither agreement required under paragraph (a) is in

608

place by the deadlines established in this paragraph, arbitration

609

regarding each agreement will proceed independently, with

610

separate lists of arbitrators, arbitration panels, arbitration

611

proceedings, and resulting agreements.

612

     5. With respect to the agreement required under paragraph

613

(a) governing the payment of purses, the arbitration and

614

resulting agreement is limited to the payment of purses from

615

electronic gaming machine revenues only.

616

     (f) If any provision of this subsection or its application

617

to any person or circumstance is held invalid, the invalidity

618

does not affect other provisions or applications of this

619

subsection or act which can be given effect without the invalid

620

provision or application, and to this end the provisions of this

621

subsection are severable.

622

     Section 5. Temporary licenses.--

623

     (1) Notwithstanding any provision of s. 120.60, Florida

624

Statutes, to the contrary, the division may issue a temporary

625

occupational license upon receipt of a complete application and a

626

determination that the applicant has not been convicted of or had

627

adjudication withheld on any disqualifying criminal offense. The

628

temporary occupational license remains valid until the division

629

grants an occupational license or notifies the applicant of its

630

intended decision to deny the license pursuant to the provisions

631

of s. 120.60, Florida Statutes. The division shall adopt rules to

632

administer this subsection. However, not more than one temporary

633

license may be issued for any person in any year.

634

     (2) A temporary license issued under this section is

635

nontransferable.

636

     Section 6. Electronic gaming machine license renewal.--

637

     (1) An electronic gaming machine license is effective for 1

638

year after issuance and shall be renewed annually. The

639

application for renewal must contain all revisions to the

640

information submitted in the prior year's application which are

641

necessary to maintain such information as accurate and current.

642

     (2) The applicant for renewal shall attest that any

643

information changes do not affect such applicant's qualifications

644

for license renewal.

645

     (3) Upon determination by the division that the application

646

for renewal is complete and qualifications have been met,

647

including payment of the renewal fee, the license shall be

648

renewed.

649

     Section 7. License fee; tax rate; penalties.--

650

     (1) LICENSE FEE.--

651

     (a) Upon submission of the initial application for an

652

electronic gaming machine license and annually thereafter, on the

653

anniversary date of the issuance of the initial license, the

654

licensee must pay to the division a nonrefundable license fee of

655

$3 million for the succeeding 12 months of licensure. The fee

656

shall be deposited into the Pari-mutuel Wagering Trust Fund of

657

the Department of Business and Professional Regulation to be used

658

by the division and the Department of Law Enforcement for

659

investigations, regulation of electronic gaming, and enforcement

660

of electronic gaming provisions. These payments shall be

661

accounted for separately from taxes or fees paid pursuant to the

662

provisions of chapters 550 or 551, Florida Statutes.

663

     (b) The division shall evaluate the license fee and submit

664

recommendations in the legislative budget request regarding the

665

optimum level of electronic gaming machine license fees required

666

to adequately support the electronic gaming machine regulatory

667

program.

668

     (c) Notwithstanding s. 550.135(2), Florida Statutes, all

669

fees and fines collected pursuant to this chapter shall remain in

670

the Pari-Mutuel Wagering Trust Fund for use by the Division for

671

regulation of electronic gaming machines and electronic games.

672

     (2) TAX ON ELECTRONIC GAMING MACHINE REVENUES.--

673

     (a) The tax rate on electronic gaming machine revenues at

674

each facility shall be 35 percent.

675

     (b) The electronic gaming machine revenue tax imposed by

676

this section shall be paid to the division for deposit into the

677

Pari-mutuel Wagering Trust Fund for immediate transfer by the

678

Chief Financial Officer for deposit into the Educational

679

Enhancement Trust Fund of the Department of Education. Any

680

interest earnings on the tax revenues shall also be transferred

681

to the Educational Enhancement Trust Fund.

682

     (c)1. Funds transferred to the Educational Enhancement

683

Trust Fund shall be used to supplement public education funding

684

statewide.

685

     2. If necessary to comply with any covenant established

686

pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),

687

Florida Statutes, funds transferred to the Educational

688

Enhancement Trust Fund shall first be available to pay debt

689

service on lottery bonds issued to fund school construction in

690

the event lottery revenues are insufficient for such purpose or

691

to satisfy debt service reserve requirements established in

692

connection with lottery bonds. Moneys available pursuant to this

693

subparagraph are subject to annual appropriation by the

694

Legislature.

695

     (3) PAYMENT AND DISPOSITION OF TAXES.--Payment for the tax

696

on electronic gaming machine revenues imposed by this section

697

shall be paid to the division. The division shall deposit such

698

funds with the Chief Financial Officer, to the credit of the

699

Pari-mutuel Wagering Trust Fund. The electronic gaming machine

700

licensee shall remit to the division payment for the tax on

701

electronic gaming machine revenues by 3 p.m. Wednesday of each

702

week for taxes imposed and collected for the preceding week

703

ending on Sunday. The electronic gaming machine licensee shall

704

file a report under oath by the 5th day of each calendar month

705

for all taxes remitted during the preceding calendar month. Such

706

payments shall be accompanied by a report under oath showing all

707

electronic gaming machine activities for the preceding calendar

708

month and such other information as may be prescribed by the

709

division.

710

     (4) FAILURE TO PAY TAX; PENALTIES.--An electronic gaming

711

machine licensee who does not make tax payments required under

712

this section is subject to an administrative penalty of up to

713

$10,000 for each day the tax payment is not remitted. All

714

administrative penalties imposed and collected shall be deposited

715

into the Pari-mutuel Wagering Trust Fund of the Department of

716

Business and Professional Regulation. If an electronic gaming

717

machine licensee does not pay penalties imposed by the division,

718

the division may suspend, revoke, or refuse to renew the license

719

of the electronic gaming machine licensee.

720

     (5) SUBMISSION OF FUNDS.--The division may require

721

electronic gaming machine licensees to remit taxes, fees, fines,

722

and assessments by electronic funds transfer.

723

     Section 8. Electronic gaming machine occupational license;

724

findings; application; fee.--

725

     (1) The Legislature finds that licensees under this section

726

require heightened state scrutiny, including the submission by

727

individual licensees or persons associated with those entities

728

described in this act of fingerprints for a criminal history

729

record check.

730

     (2)(a) The following electronic gaming machine occupational

731

licenses shall be issued to applicants that, by virtue of the

732

positions they hold, might be granted access to electronic gaming

733

machine areas or to any other person or entity in one of the

734

following categories:

735

     1. General occupational licenses for general employees,

736

including food service, maintenance, and other similar service

737

and support employees having access to the electronic gaming

738

machine area.

739

     2. Professional occupational licenses for any person,

740

proprietorship, partnership, corporation, or other entity that is

741

authorized by an electronic gaming machine licensee to manage,

742

oversee, or otherwise control daily operations as an electronic

743

gaming machine manager, floor supervisor, security personnel, or

744

other similar position of oversight of gaming operations, or any

745

person who is not an employee of the electronic gaming machine

746

licensee and who provides maintenance, repair, or upgrades or

747

otherwise services an electronic gaming machine or other

748

electronic gaming machine equipment.

749

     3. Business occupational licenses for any electronic gaming

750

machine management company or company associated with electronic

751

gaming, any person who manufactures, distributes, or sells

752

electronic gaming machines, electronic gaming machine

753

paraphernalia, or other associated equipment to electronic gaming

754

machine licensees, or any company that sells or provides goods or

755

services associated with electronic gaming to electronic gaming

756

machine licensees.

757

     (b) The division may issue one license in order to combine

758

licenses under this section with pari-mutuel occupational

759

licenses and cardroom licenses pursuant to s. 550.105(2)(b),

760

Florida Statutes. The division shall adopt rules pertaining to

761

occupational licenses under this subsection. Such rules may

762

specify requirements and restrictions for licensed occupations

763

and categories, procedures to apply for a license or combination

764

of licenses, disqualifying criminal offenses for a licensed

765

occupation or categories of occupations, and which types of

766

occupational licenses may be combined into a single license under

767

this section. The fingerprinting requirements of subsection (7)

768

apply to any combination license that includes electronic gaming

769

machine license privileges. The division may not adopt a rule

770

allowing the issuance of an occupational license to any person

771

who does not meet the minimum background qualifications of this

772

section.

773

     (c) Electronic gaming machine occupational licenses are not

774

transferable.

775

     (3) An electronic gaming machine licensee may not employ or

776

otherwise allow a person to work at a licensed facility unless

777

such person holds the appropriate valid occupational license. An

778

electronic gaming machine licensee may not contract or otherwise

779

conduct business with a business required to hold an electronic

780

gaming machine occupational license unless the business holds

781

such a license. An electronic gaming machine licensee may not

782

employ or otherwise allow a person to work in a supervisory or

783

management professional level at a licensed facility unless such

784

person holds a valid electronic gaming machine occupational

785

license. All electronic gaming machine occupational licensees,

786

while present in electronic gaming machine areas, shall display

787

on their persons their occupational license identification cards.

788

     (4)(a) A person seeking an electronic gaming machine

789

occupational license or renewal thereof shall apply on forms

790

prescribed by the division and include payment of the appropriate

791

application fee. Initial and renewal applications for electronic

792

gaming machine occupational licenses must contain all information

793

that the division, by rule, requires.

794

     (b) An electronic gaming machine license or combination

795

license is valid for the same term as a pari-mutuel occupational

796

license issued pursuant to s. 550.105(1), Florida Statutes.

797

     (c) Pursuant to rules adopted by the division, any person

798

may apply for and, if qualified, be issued an electronic gaming

799

machine occupational license valid for a period of 3 years upon

800

payment of the full occupational license fee for each of the 3

801

years for which the license is issued. The electronic gaming

802

machine occupational license is valid during its specified term

803

at any licensed facility where electronic gaming machine gaming

804

is authorized to be conducted.

805

     (d) The electronic gaming machine occupational license fee

806

for initial application and annual renewal shall be determined by

807

rule of the division but may not exceed $50 for a general or

808

professional occupational license for an employee of the

809

electronic gaming machine licensee or $1,000 for a business

810

occupational license for nonemployees of the licensee who provide

811

goods or services to the electronic gaming machine licensee.

812

License fees for general occupational licenses shall be paid by

813

the electronic gaming machine licensee. Failure to pay the

814

required fee constitutes grounds for disciplinary action by the

815

division against the electronic gaming machine licensee, but it

816

is not a violation of this act or rules of the division by the

817

general occupational licensee and does not prohibit the initial

818

issuance or the renewal of the general occupational license.

819

     (5) The division may:

820

     (a) Deny an application for, or revoke, suspend, or place

821

conditions or restrictions on, a license of an applicant or

822

licensee that has been refused a license by another state gaming

823

commission, governmental department, agency, or other authority

824

exercising regulatory jurisdiction over the gaming of another

825

state or jurisdiction; or

826

     (b) Deny an application for, or suspend, or place

827

conditions on a license of any applicant or licensee that is

828

under suspension or has unpaid fines in another state or

829

jurisdiction.

830

     (6)(a) The division may deny, suspend, revoke, or refuse to

831

renew any electronic gaming machine occupational license if the

832

applicant or licensee has violated this act or the rules

833

governing the conduct of persons connected with electronic games

834

or electronic gaming. In addition, the division may deny,

835

suspend, revoke, or refuse to renew any electronic gaming machine

836

occupational license if the applicant or licensee has been

837

convicted under the laws of this state or of another state, or

838

under the laws of the United States, of a capital felony, a

839

felony, or an offense in another state which would be a felony

840

under the laws of this state involving arson; trafficking in,

841

conspiracy to traffic in, smuggling, importing, conspiracy to

842

smuggle or import, or delivery, sale, or distribution of a

843

controlled substance; racketeering; or a crime showing a lack of

844

good moral character, or has had a gaming license revoked by this

845

state or another jurisdiction for any gaming-related offense.

846

     (b) The division may deny, revoke, or refuse to renew any

847

electronic gaming machine occupational license if the applicant

848

or licensee has been convicted of a felony or misdemeanor in this

849

state, in another state, or under the laws of the United States

850

if such felony or misdemeanor is related to gambling or

851

bookmaking as described in s. 849.25, Florida Statutes.

852

     (c) As used in this subsection, the term "convicted" means

853

having been found guilty, with or without adjudication of guilt,

854

as a result of a jury verdict, nonjury trial, or entry of a plea

855

of guilty or nolo contendere.

856

     (7) Fingerprints for electronic gaming machine occupational

857

license applications shall be taken in a manner approved by the

858

division and shall be submitted electronically to the Department

859

of Law Enforcement for state processing and to the Federal Bureau

860

of Investigation for national processing for a criminal history

861

record check. All persons as specified in s. 550.1815(1)(a),

862

Florida Statutes, employed by or working within licensed premises

863

shall submit fingerprints for a criminal history record check and

864

may not have been convicted of any disqualifying criminal

865

offenses specified in subsection (6). Division employees and law

866

enforcement officers assigned to work within such premises as

867

part of their official duties are excluded from the criminal

868

history record check requirements. As used in this subsection,

869

the term "convicted" means having been found guilty, with or

870

without adjudication of guilt, as a result of a jury verdict,

871

nonjury trial, or entry of a plea of guilty or nolo contendere.

872

     (a) Fingerprints shall be taken in a manner approved by the

873

division upon initial application, or as required thereafter by

874

rule of the division, and shall be submitted electronically to

875

the Department of Law Enforcement for state processing. The

876

Department of Law Enforcement shall forward the fingerprints to

877

the Federal Bureau of Investigation for national processing. The

878

results of the criminal history record check shall be returned to

879

the division for screening. Licensees shall provide necessary

880

equipment, approved by the Department of Law Enforcement, to

881

facilitate such electronic submission. The division requirements

882

shall be instituted in consultation with the Department of Law

883

Enforcement.

884

     (b) The cost of processing fingerprints and conducting a

885

criminal history record check for a general occupational license

886

shall be paid by the electronic gaming machine licensee. The cost

887

of processing fingerprints and conducting a criminal history

888

record check for a business or professional occupational license

889

shall be paid by the person being checked. The Department of Law

890

Enforcement may invoice the division for the fingerprints

891

submitted each month.

892

     (c) All fingerprints submitted to the Department of Law

893

Enforcement shall be retained by the Department of Law

894

Enforcement and entered into the statewide automated fingerprint

895

identification system as authorized by s. 943.05(2)(b), Florida

896

Statutes, and shall be available for all purposes and uses

897

authorized for arrest fingerprint cards in the statewide

898

automated fingerprint identification system pursuant to s.

899

943.051, Florida Statutes.

900

     (d) The Department of Law Enforcement shall search all

901

arrest fingerprints received pursuant to s. 943.051, Florida

902

Statutes, against the fingerprints retained in the statewide

903

automated fingerprint identification system. Any arrest record

904

that is identified with the retained fingerprints of a person

905

subject to the criminal history screening requirements shall be

906

reported to the division. Each licensed facility shall pay a fee

907

for the cost of retention of the fingerprints and the ongoing

908

searches under this paragraph. The division shall forward the fee

909

to the Department of Law Enforcement. The amount of the fee to be

910

imposed for such searches and the procedures for the retention of

911

licensee fingerprints shall be as established by rule of the

912

Department of Law Enforcement. The division shall inform the

913

Department of Law Enforcement of any change in the license status

914

of licensees whose fingerprints are retained.

915

     (e) The division shall request the Department of Law

916

Enforcement to forward the fingerprints to the Federal Bureau of

917

Investigation for a national criminal history records check every

918

3 years following issuance of a license. If the fingerprints of a

919

person who is licensed have not been retained by the Department

920

of Law Enforcement, the person must file a complete set of

921

fingerprints as provided in paragraph (a). The division shall

922

collect the fees for the cost of the national criminal history

923

record check and shall forward the payment to the Department of

924

Law Enforcement. The cost of processing fingerprints and

925

conducting a criminal history record check for a general

926

occupational license shall be paid by the electronic gaming

927

machine licensee. The cost of processing fingerprints and

928

conducting a criminal history record check for a business or

929

professional occupational license shall be paid by the person

930

being checked. The Department of Law Enforcement may invoice the

931

division for the fingerprints submitted each month. Under penalty

932

of perjury, each person who is licensed or fingerprinted must

933

agree to inform the division within 48 hours if he or she is

934

convicted of or enters a plea of guilty or nolo contendere to any

935

disqualifying offense, regardless of adjudication.

936

     (8) All moneys collected pursuant to this section shall be

937

deposited into the Pari-mutuel Wagering Trust Fund.

938

     (9) The division may deny, revoke, or suspend any

939

occupational license if the applicant or licensee accumulates

940

unpaid obligations, defaults in obligations, or issues drafts or

941

checks that are dishonored or for which payment is refused

942

without reasonable cause.

943

     (10) The division may fine or suspend, revoke, or place

944

conditions upon the license of any licensee who provides false

945

information under oath regarding an application for a license or

946

an investigation by the division.

947

     (11) The division may impose a civil fine of up to $5,000

948

for each violation of this act or the rules of the division in

949

addition to or in lieu of any other penalty. The division may

950

adopt a penalty schedule for violations for which it would impose

951

a fine in lieu of a suspension and adopt rules allowing for the

952

issuance of citations, including procedures to address such

953

citations, to persons who violate such rules. In addition to any

954

other penalty provided by law, the division may exclude from all

955

licensed electronic gaming machine facilities in this state, for

956

a period not to exceed the period of suspension, revocation, or

957

ineligibility, any person whose occupational license application

958

has been refused or who has been declared ineligible to hold an

959

occupational license or whose occupational license has been

960

suspended or revoked by the division.

961

     Section 9. Prohibited relationships.--

962

     (1) A person employed by or performing any function on

963

behalf of the division may not:

964

     (a) Be an officer, director, owner, or employee of any

965

person or entity licensed by the division.

966

     (b) Have or hold any interest, direct or indirect, in or

967

engage in any commerce or business relationship with any person

968

licensed by the division.

969

     (2) A manufacturer or distributor of electronic gaming

970

machines may not enter into any contract with an electronic

971

gaming machine licensee which provides for any revenue sharing

972

that is directly or indirectly calculated on the basis of a

973

percentage of electronic gaming machine revenues. Any maneuver,

974

shift, or device whereby this subsection is violated is a

975

violation of this act and renders any such agreement void.

976

     (3) A manufacturer or distributor of electronic gaming

977

machines or equipment necessary for the operation of electronic

978

gaming machines or an officer, director, or employee of any such

979

manufacturer or distributor may not have any ownership or

980

financial interest in an electronic gaming machine license or any

981

business owned by an electronic gaming machine licensee.

982

     (4) An employee of the division or relative living in the

983

same household as the employee may not wager on an electronic

984

gaming machine located at a facility licensed by the division.

985

     (5) An occupational licensee or relative living in the same

986

household as the licensee may not wager on an electronic gaming

987

machine located at a facility operated by such licensee.

988

     Section 10. Prohibited acts; penalties.--

989

     (1) Except as otherwise provided by law and in addition to

990

any other penalty, a person who knowingly makes or causes to be

991

made, or aids, assists, or procures another to make, a false

992

statement in any report, disclosure, application, or other

993

document required under this act or under any rule adopted under

994

this act is subject to an administrative fine or civil penalty of

995

up to $10,000.

996

     (2) Except as otherwise provided by law and in addition to

997

any other penalty, a person who possesses an electronic gaming

998

machine without a license required by this act or who possesses

999

an electronic gaming machine at a location other than at the

1000

electronic gaming machine licensee's facility is subject to an

1001

administrative fine or civil penalty of up to $10,000 per

1002

machine. This prohibition does not apply to:

1003

     (a) Electronic gaming machine manufacturers or distributors

1004

that hold appropriate licenses who are authorized to maintain an

1005

electronic gaming machine storage and maintenance facility in

1006

this state. The division may adopt rules regarding security,

1007

inspection, and access to the storage facility.

1008

     (b) Certified educational facilities that are authorized by

1009

the division to maintain electronic gaming machines for the sole

1010

purpose of education and licensure of electronic gaming machine

1011

technicians, inspectors, or investigators. The division and the

1012

Department of Law Enforcement may possess electronic gaming

1013

machines for training and testing purposes. The division may

1014

adopt rules regarding the regulation of such electronic gaming

1015

machines used for the sole purpose of education and licensure of

1016

electronic gaming machine technicians, inspectors, or

1017

investigators.

1018

     (3) A person who knowingly excludes or attempts to exclude,

1019

anything of value from the deposit, counting, collection, or

1020

computation of revenues from electronic gaming machine activity,

1021

or a person who by trick, sleight-of-hand performance, fraud or

1022

fraudulent scheme, or device wins or attempts to win, for himself

1023

or herself or for another, money or property or a combination

1024

thereof, or reduces or attempts to reduce a losing wager in

1025

connection with electronic gaming commits a felony of the third

1026

degree, punishable as provided in s. 775.082, s. 775.083, or s.

1027

775.084, Florida Statutes.

1028

     (4) Any person who manipulates or attempts to manipulate

1029

the outcome, payoff, or operation of an electronic gaming machine

1030

by physical tampering or the use of an object, instrument, or

1031

device, whether mechanical, electrical, or magnetic, or by other

1032

means, commits a felony of the third degree, punishable as

1033

provided in s. 775.082, s. 775.083, or s. 775.084, Florida

1034

Statutes.

1035

     (5) Theft of electronic gaming machine proceeds or property

1036

belonging to an electronic gaming machine operator, licensee, or

1037

licensed facility by an employee of the operator or facility or

1038

by an officer, partner, owner, or employee of a person contracted

1039

to provide services to the operator or facility constitutes a

1040

felony of the third degree, punishable as provided in s. 775.082

1041

or s. 775.083, Florida Statutes.

1042

     (6)(a) A law enforcement officer or electronic gaming

1043

machine operator who has probable cause to believe that a person

1044

has committed a violation of subsection (3), subsection (4), or

1045

subsection (5) and that officer or operator can recover the lost

1046

proceeds from the activity by taking the person into custody may,

1047

for the purpose of attempting to effect the recovery of the

1048

proceeds, take into custody on the premises and detain the person

1049

in a reasonable manner for a reasonable time. If the operator

1050

takes the person into custody, a law enforcement officer shall be

1051

called to the scene immediately. The taking into custody and

1052

detention by a law enforcement officer or electronic gaming

1053

machine operator, if done in compliance with this subsection,

1054

does not render such law enforcement officer, or the officer's

1055

agency, or the electronic gaming machine operator criminally or

1056

civilly liable for false arrest, false imprisonment, or unlawful

1057

detention.

1058

     (b) A law enforcement officer may arrest, on or off the

1059

premises and without warrant, any person if the officer has

1060

probable cause to believe that person has violated subsection

1061

(3), subsection (4), or subsection (5).

1062

     (c) A person who resists the reasonable effort of a law

1063

enforcement officer or electronic gaming machine operator to take

1064

into custody a person who is violating subsection (3), subsection

1065

(4), or subsection (5) commits a misdemeanor of the first degree,

1066

punishable as provided in s. 775.082 or s. 775.083, Florida

1067

Statutes, unless the person did not know or have reason to know

1068

that the person seeking to take him or her into custody was a law

1069

enforcement officer or electronic gaming machine operator.

1070

     (7) Penalties imposed and collected under this section must

1071

be deposited into the Pari-mutuel Wagering Trust Fund of the

1072

Department of Business and Professional Regulation.

1073

     Section 11. Legal devices.--Notwithstanding any provision

1074

of law to the contrary, electronic gaming machines manufactured,

1075

sold, distributed, possessed, or operated pursuant to this act

1076

are lawful in this state. No electronic game or electronic gaming

1077

machine shall enter the state until it has been tested and

1078

certified by a licensed testing laboratory, and certified for

1079

play in the state. The division shall adopt rules regarding the

1080

testing, certification, control, and approval of electronic games

1081

and electronic gaming machines entering, departing, or moving

1082

within the state.

1083

     Section 12. Exclusions of certain persons.--In addition to

1084

the power to exclude certain persons, the division may exclude

1085

any person from a facility of an electronic gaming machine

1086

licensee in this state for conduct that would constitute, if the

1087

person were a licensee, a violation of this act or the rules of

1088

the division. The division may exclude a person who has been

1089

ejected from a gaming facility or who has been excluded from a

1090

gaming facility in another state by the governmental authority

1091

exercising regulatory jurisdiction over the gaming in such other

1092

state. This section does not abrogate the common law right of an

1093

electronic gaming machine licensee to exclude a patron.

1094

     Section 13. Persons prohibited from operating electronic

1095

gaming machines.--

1096

     (1) A person who has not attained 21 years of age may not

1097

operate or play an electronic gaming machine or have access to

1098

the designated electronic gaming machine area of a facility of an

1099

electronic gaming machine licensee.

1100

     (2) An electronic gaming machine licensee or agent or

1101

employee of an electronic gaming machine licensee may not

1102

knowingly allow a person who has not attained 21 years of age:

1103

     (a) To play or operate an electronic gaming machine.

1104

     (b) To be employed in any position allowing or requiring

1105

access to the designated gaming area of a facility of an

1106

electronic gaming machine licensee.

1107

     (c) To have access to the designated electronic gaming

1108

machine area of a facility of an electronic gaming machine

1109

licensee.

1110

     (3) A licensed facility shall post clear and conspicuous

1111

signage within the designated electronic gaming machine areas

1112

which states:

1113

1114

THE PLAYING OF ELECTRONIC GAMING MACHINES BY PERSONS UNDER

1115

THE AGE OF 21 IS AGAINST FLORIDA LAW (CITE TO FLORIDA

1116

STATUTES SECTION). PROOF OF AGE MAY BE REQUIRED AT ANY TIME.

1117

1118

     Section 14. Electronic gaming machine areas.--

1119

     (1) An electronic gaming machine licensee may make

1120

available for play up to 2,000 electronic gaming machines within

1121

the eligible facility of the electronic gaming machine licensee

1122

in a designated electronic gaming machine area. No more than

1123

2,000 electronic gaming machines shall be authorized at a

1124

facility regardless of the number of permitholders conducting

1125

operations at that facility.

1126

     (2) The electronic gaming machine licensee shall display

1127

pari-mutuel races or games within the designated electronic

1128

gaming machine areas and offer patrons within such areas the

1129

opportunity to wager on live, intertrack, and simulcast races

1130

offered to the patrons.

1131

     (3) The division shall require the posting of signs warning

1132

of the risks and dangers of gambling, showing the odds of

1133

winning, and informing patrons of the toll-free telephone number

1134

available to provide information and referral services regarding

1135

compulsive or problem gambling.

1136

     (4) Designated electronic gaming machine areas may be

1137

located within the current live gaming facility or an existing

1138

building that is contiguous and connected to the live gaming

1139

facility. If such gaming area is to be located in a building that

1140

is not yet constructed, the new building must be contiguous and

1141

connected to the live gaming facility.

1142

     (5) An electronic gaming machine licensee shall provide

1143

adequate office space at no cost to the division and the

1144

Department of Law Enforcement for the oversight of electronic

1145

gaming machine operations. The division shall adopt rules

1146

establishing criteria for adequate space, configuration, and

1147

location and needed electronic and technological requirements.

1148

     Section 15. Days and hours of operation.--Electronic gaming

1149

machine areas may be open daily throughout the year. They may be

1150

open a cumulative total of 18 hours per day on Monday through

1151

Friday and 24 hours per day on Saturday and Sunday and on

1152

holidays specified in s. 110.117(1), Florida Statutes.

1153

     Section 16. Penalties.--The division may revoke or suspend

1154

an electronic gaming machine license issued under this act upon

1155

the willful violation by the licensee of any provision of this

1156

act or rule adopted under this act. In lieu of suspending or

1157

revoking an electronic gaming machine license, the division may

1158

impose a civil penalty against the licensee for such violation.

1159

Except as otherwise provided in this act, the division may not

1160

impose a penalty that exceeds $100,000 for each count or separate

1161

offense. All fines collected must be deposited into the Pari-

1162

mutuel Wagering Trust Fund of the Department of Business and

1163

Professional Regulation.

1164

     Section 17. Compulsive or addictive gambling prevention

1165

program.--

1166

     (1) Each electronic gaming machine licensee shall offer

1167

training to employees on responsible gaming and shall work with a

1168

compulsive or addictive gambling prevention program to recognize

1169

problem gaming situations and implement responsible gaming

1170

programs and practices.

1171

     (2) The division shall, subject to competitive bidding,

1172

contract for services related to the prevention of compulsive and

1173

addictive gambling. The contract shall require an advertising

1174

program to encourage responsible gaming practices and publicize a

1175

gambling telephone help line. Such advertisements must be made

1176

both publicly and inside the designated electronic gaming machine

1177

areas of the licensee's facilities. The terms of any contract for

1178

such services shall include accountability standards for any

1179

private provider. The failure of a private provider to meet any

1180

material term of the contract, including the accountability

1181

standards, constitutes a breach of contract or grounds for

1182

nonrenewal.

1183

     (3) The compulsive or addictive gambling prevention program

1184

shall be funded from an annual nonrefundable regulatory fee of

1185

$250,000 paid by each licensee.

1186

     Section 18. Caterer's license.--An electronic gaming

1187

machine licensee is entitled to a caterer's license pursuant to

1188

s. 565.02, Florida Statutes, on days on which the pari-mutuel

1189

facility is open to the public for electronic gaming machine

1190

play.

1191

     Section 19. Prohibited activities and devices;

1192

exceptions.--

1193

     (1) Complimentary or reduced-cost alcoholic beverages may

1194

not be served to persons in the designated electronic gaming

1195

machine area. Alcoholic beverages served to persons in the

1196

designated electronic gaming machine area shall cost at least the

1197

same amount as alcoholic beverages served to the general public

1198

at any bar within the facility.

1199

     (2) An electronic gaming machine licensee may not make

1200

loans, provide credit, or advance cash to enable a person to play

1201

an electronic gaming machine. This subsection does not prohibit

1202

automated ticket redemption machines that dispense cash from the

1203

redemption of tickets from being located in the designated

1204

electronic gaming machine area.

1205

     (3) An automated teller machine or similar device designed

1206

to provide credit or dispense cash may not be located within the

1207

designated electronic gaming machine area of a facility of an

1208

electronic gaming machine licensee.

1209

     (4)(a) An electronic gaming machine licensee may not accept

1210

or cash a check from any person within the designated electronic

1211

gaming machine area of a facility.

1212

     (b) Except as provided in paragraph (c) for employees of

1213

the facility, an electronic gaming machine licensee may not

1214

accept or cash for any person within the facility a government-

1215

issued check, third-party check, or payroll check made payable to

1216

an individual.

1217

     (c) Outside the designated electronic gaming machine area,

1218

an electronic gaming machine licensee or operator may accept or

1219

cash a check for an employee of the facility who is prohibited

1220

from wagering on an electronic gaming machine under s.

1221

551.108(5), Florida Statutes, a check made directly payable to a

1222

person licensed by the division, or a check made directly payable

1223

to the licensee or operator from:

1224

     1. A pari-mutuel patron; or

1225

     2. A pari-mutuel facility in any state.

1226

     (d) Unless accepting or cashing a check is prohibited by

1227

this subsection, an electronic gaming machine licensee or

1228

operator may accept and deposit in its accounts checks received

1229

in the normal course of business.

1230

     (5) An electronic gaming machine, or the computer operating

1231

system linking the electronic gaming machine, may be linked to

1232

any other electronic gaming machine or computer operating system

1233

within this state.

1234

     (6) An electronic gaming machine located within a licensed

1235

facility may accept tickets or electronic or account-based cards

1236

for wagering and return or may deliver payouts to the players in

1237

the form of tickets or electronic or account-based credits that

1238

may be exchanged for cash, merchandise, or other items of value.

1239

The use of coins, currency, credit or debit cards, tokens, or

1240

similar objects is prohibited.

1241

     Section 20. Rulemaking.--The division may adopt rules

1242

pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to

1243

administer this act.

1244

     Section 21. The Legislature finds and declares that it has

1245

exclusive authority over the conduct of all wagering occurring at

1246

electronic gaming machine facilities in this state. Only the

1247

Division of Pari-mutuel Wagering and other authorized state

1248

agencies may administer this act and regulate the electronic

1249

gaming machine industry, including operation of electronic gaming

1250

machine facilities, games, electronic gaming machines, and

1251

facilities-based computer systems authorized in this act and the

1252

rules adopted by the division.

1253

     Section 22. This act does not apply to the use of player-

1254

operated bingo aides used in bingo games conducted by charitable,

1255

nonprofit, or veterans' organizations authorized to conduct bingo

1256

under s. 849.0931, Florida Statutes, and this act does not apply

1257

to game promotions or operators regulated under s. 849.094,

1258

Florida Statutes.

1259

     Section 23.  Paragraph (w) is added to subsection (1) of

1260

section 215.22, Florida Statutes, to read:

1261

     215.22  Certain income and certain trust funds exempt.--

1262

     (1)  The following income of a revenue nature or the

1263

following trust funds shall be exempt from the appropriation

1264

required by s. 215.20(1):

1265

     (w) Taxes imposed on electronic gaming and electronic

1266

gaming machines at eligible pari-mutuel facilities.

1267

     Section 24.  Subsection (11) of section 550.002, Florida

1268

Statutes, is amended to read:

1269

     550.002  Definitions.--As used in this chapter, the term:

1270

     (11)  "Full schedule of live racing or games" means, for a

1271

greyhound or jai alai permitholder, the conduct of a combination

1272

of at least 100 live evening or matinee performances during the

1273

preceding year; for a permitholder who has a converted permit or

1274

filed an application on or before June 1, 1990, for a converted

1275

permit, the conduct of a combination of at least 100 live evening

1276

and matinee wagering performances during either of the 2

1277

preceding years; for a jai alai permitholder who does not operate

1278

slot machines or an electronic gaming machine in its pari-mutuel

1279

facility, who has conducted at least 100 live performances per

1280

year for at least 10 years after December 31, 1992, and whose

1281

handle on live jai alai games conducted at its pari-mutuel

1282

facility has been less than $4 million per state fiscal year for

1283

at least 2 consecutive years after June 30, 1992, the conduct of

1284

a combination of at least 40 live evening or matinee performances

1285

during the preceding year; for a jai alai permitholder who

1286

operates slot machines in its pari-mutuel facility, the conduct

1287

of a combination of at least 150 performances during the

1288

preceding year; for a harness permitholder, the conduct of at

1289

least 100 live regular wagering performances during the preceding

1290

year; for a quarter horse permitholder, the conduct of at least

1291

40 live regular wagering performances during the preceding year;

1292

and for a thoroughbred permitholder, the conduct of at least 40

1293

live regular wagering performances during the preceding year. For

1294

a permitholder which is restricted by statute to certain

1295

operating periods within the year when other members of its same

1296

class of permit are authorized to operate throughout the year,

1297

the specified number of live performances which constitute a full

1298

schedule of live racing or games shall be adjusted pro rata in

1299

accordance with the relationship between its authorized operating

1300

period and the full calendar year and the resulting specified

1301

number of live performances shall constitute the full schedule of

1302

live games for such permitholder and all other permitholders of

1303

the same class within 100 air miles of such permitholder. A live

1304

performance must consist of no fewer than eight races or games

1305

conducted live for each of a minimum of three performances each

1306

week at the permitholder's licensed facility under a single

1307

admission charge.

1308

     Section 25.  Subsection (2) of section 849.15, Florida

1309

Statutes, is amended to read:

1310

     849.15  Manufacture, sale, possession, etc., of coin-

1311

operated devices prohibited.--

1312

     (2)  Pursuant to section 2 of that chapter of the Congress

1313

of the United States entitled "An act to prohibit transportation

1314

of gaming devices in interstate and foreign commerce," approved

1315

January 2, 1951, being ch. 1194, 64 Stat. 1134, and also

1316

designated as 15 U.S.C. ss. 1171-1177, the State of Florida,

1317

acting by and through the duly elected and qualified members of

1318

its Legislature, does hereby in this section, and in accordance

1319

with and in compliance with the provisions of section 2 of such

1320

chapter of Congress, declare and proclaim that any county of the

1321

State of Florida within which slot machine gaming is authorized

1322

pursuant to chapter 551 or electronic gaming is authorized is

1323

exempt from the provisions of section 2 of that chapter of the

1324

Congress of the United States entitled "An act to prohibit

1325

transportation of gaming devices in interstate and foreign

1326

commerce," designated as 15 U.S.C. ss. 1171-1177, approved

1327

January 2, 1951. All shipments of gaming devices, including slot

1328

machines and electronic gaming machines, into any county of this

1329

state within which slot machine gaming is authorized pursuant to

1330

chapter 551 or electronic gaming is authorized at eligible pari-

1331

mutuel facilities and the registering, recording, and labeling of

1332

which have been duly performed by the manufacturer or distributor

1333

thereof in accordance with sections 3 and 4 of that chapter of

1334

the Congress of the United States entitled "An act to prohibit

1335

transportation of gaming devices in interstate and foreign

1336

commerce," approved January 2, 1951, being ch. 1194, 64 Stat.

1337

1134, and also designated as 15 U.S.C. ss. 1171-1177, shall be

1338

deemed legal shipments thereof into this state provided the

1339

destination of such shipments is an eligible slot machine

1340

facility as defined in s. 551.102, an eligible electronic gaming

1341

machine facility, a certified educational facility, or the

1342

facility of a slot machine manufacturer or slot machine

1343

distributor as provided in s. 551.109(2)(a), a certified

1344

educational facility, or the facility of an electronic gaming

1345

machine manufacturer or electronic gaming machine distributor

1346

authorized to possess electronic gaming machines as provided in

1347

the act authorizing electronic gaming machines at eligible pari-

1348

mutuel facilities.

1349

     Section 26.  Subsections (1) and (2) of section 895.02,

1350

Florida Statutes, are amended to read:

1351

     895.02  Definitions.--As used in ss. 895.01-895.08, the

1352

term:

1353

     (1)  "Racketeering activity" means to commit, to attempt to

1354

commit, to conspire to commit, or to solicit, coerce, or

1355

intimidate another person to commit:

1356

     (a)  Any crime that is chargeable by indictment or

1357

information under the following provisions of the Florida

1358

Statutes:

1359

     1.  Section 210.18, relating to evasion of payment of

1360

cigarette taxes.

1361

     2.  Section 403.727(3)(b), relating to environmental

1362

control.

1363

     3.  Section 409.920 or s. 409.9201, relating to Medicaid

1364

fraud.

1365

     4.  Section 414.39, relating to public assistance fraud.

1366

     5.  Section 440.105 or s. 440.106, relating to workers'

1367

compensation.

1368

     6.  Section 443.071(4), relating to creation of a fictitious

1369

employer scheme to commit unemployment compensation fraud.

1370

     7.  Section 465.0161, relating to distribution of medicinal

1371

drugs without a permit as an Internet pharmacy.

1372

     8.  Sections 499.0051, 499.0052, 499.00535, 499.00545, and

1373

499.0691, relating to crimes involving contraband and adulterated

1374

drugs.

1375

     9.  Part IV of chapter 501, relating to telemarketing.

1376

     10.  Chapter 517, relating to sale of securities and

1377

investor protection.

1378

     11.  Section 550.235, s. 550.3551, or s. 550.3605, relating

1379

to dogracing and horseracing.

1380

     12.  Chapter 550, relating to jai alai frontons.

1381

     13.  Section 551.109, relating to slot machine gaming.

1382

     14.  Chapter 552, relating to the manufacture, distribution,

1383

and use of explosives.

1384

     15.  Chapter 560, relating to money transmitters, if the

1385

violation is punishable as a felony.

1386

     16.  Chapter 562, relating to beverage law enforcement.

1387

     17.  Section 624.401, relating to transacting insurance

1388

without a certificate of authority, s. 624.437(4)(c)1., relating

1389

to operating an unauthorized multiple-employer welfare

1390

arrangement, or s. 626.902(1)(b), relating to representing or

1391

aiding an unauthorized insurer.

1392

     18.  Section 655.50, relating to reports of currency

1393

transactions, when such violation is punishable as a felony.

1394

     19.  Chapter 687, relating to interest and usurious

1395

practices.

1396

     20.  Section 721.08, s. 721.09, or s. 721.13, relating to

1397

real estate timeshare plans.

1398

     21.  Chapter 782, relating to homicide.

1399

     22.  Chapter 784, relating to assault and battery.

1400

     23.  Chapter 787, relating to kidnapping or human

1401

trafficking.

1402

     24.  Chapter 790, relating to weapons and firearms.

1403

     25.  Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.

1404

796.05, or s. 796.07, relating to prostitution and sex

1405

trafficking.

1406

     26.  Chapter 806, relating to arson.

1407

     27.  Section 810.02(2)(c), relating to specified burglary of

1408

a dwelling or structure.

1409

     28.  Chapter 812, relating to theft, robbery, and related

1410

crimes.

1411

     29.  Chapter 815, relating to computer-related crimes.

1412

     30.  Chapter 817, relating to fraudulent practices, false

1413

pretenses, fraud generally, and credit card crimes.

1414

     31.  Chapter 825, relating to abuse, neglect, or

1415

exploitation of an elderly person or disabled adult.

1416

     32.  Section 827.071, relating to commercial sexual

1417

exploitation of children.

1418

     33.  Chapter 831, relating to forgery and counterfeiting.

1419

     34.  Chapter 832, relating to issuance of worthless checks

1420

and drafts.

1421

     35.  Section 836.05, relating to extortion.

1422

     36.  Chapter 837, relating to perjury.

1423

     37.  Chapter 838, relating to bribery and misuse of public

1424

office.

1425

     38.  Chapter 843, relating to obstruction of justice.

1426

     39.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

1427

s. 847.07, relating to obscene literature and profanity.

1428

     40.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

1429

849.25, relating to gambling.

1430

     41.  Chapter 874, relating to criminal street gangs.

1431

     42.  Chapter 893, relating to drug abuse prevention and

1432

control.

1433

     43.  Chapter 896, relating to offenses related to financial

1434

transactions.

1435

     44.  Sections 914.22 and 914.23, relating to tampering with

1436

a witness, victim, or informant, and retaliation against a

1437

witness, victim, or informant.

1438

     45.  Sections 918.12 and 918.13, relating to tampering with

1439

jurors and evidence.

1440

     46. Provisions of law relating to electronic gaming and

1441

electronic gaming machines at eligible pari-mutuel facilities.

1442

     (b)  Any conduct defined as "racketeering activity" under 18

1443

U.S.C. s. 1961(1).

1444

     (2)  "Unlawful debt" means any money or other thing of value

1445

constituting principal or interest of a debt that is legally

1446

unenforceable in this state in whole or in part because the debt

1447

was incurred or contracted:

1448

     (a)  In violation of any one of the following provisions of

1449

law:

1450

     1.  Section 550.235, s. 550.3551, or s. 550.3605, relating

1451

to dogracing and horseracing.

1452

     2.  Chapter 550, relating to jai alai frontons.

1453

     3.  Section 551.109, relating to slot machine gaming.

1454

     4.  Chapter 687, relating to interest and usury.

1455

     5.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.

1456

849.25, relating to gambling.

1457

     6. Provisions of law relating to electronic gaming and

1458

electronic gaming machines at eligible pari-mutuel facilities.

1459

     (b)  In gambling activity in violation of federal law or in

1460

the business of lending money at a rate usurious under state or

1461

federal law.

1462

     Section 27. (1) ____ full-time equivalent positions are

1463

authorized, and the sums of $_______ in recurring funds and

1464

$_______ in nonrecurring funds for the 2008-2009 fiscal year are

1465

appropriated from the Pari-mutuel Wagering Trust Fund of the

1466

Department of Business and Professional Regulation for the

1467

purpose of carrying out all regulatory activities provided in

1468

this act. The Executive Office of the Governor shall place these

1469

funds and positions in reserve until the Department of Business

1470

and Professional Regulation submits an expenditure plan for

1471

approval to the Executive Office of the Governor and the chair

1472

and vice chair of the Legislative Budget Commission in accordance

1473

with the provisions of s. 216.177, Florida Statutes.

1474

     (2) The sums of $_______ in recurring funds and $_______ in

1475

nonrecurring funds for the 2008-2009 fiscal year are appropriated

1476

from the Pari-mutuel Wagering Trust Fund of the Department of

1477

Business and Professional Regulation for transfer to the

1478

Department of Law Enforcement for the purpose of investigations,

1479

intelligence gathering, background investigations, and any other

1480

responsibilities as provided in this act. ____ full-time

1481

equivalent positions are authorized, and the sums of $ _______ in

1482

recurring funds and $ _______ in nonrecurring funds for the 2008-

1483

2009 fiscal year are appropriated from the Operating Trust Fund

1484

of the Department of Law Enforcement for the purpose of

1485

investigations, intelligence gathering, background

1486

investigations, and any other responsibilities as provided in

1487

this act. The Executive Office of the Governor shall place such

1488

funds and positions in reserve until the Department of Law

1489

Enforcement submits an expenditure plan for approval to the

1490

Executive Office of the Governor and the chair and vice chair of

1491

the Legislative Budget Commission in accordance with the

1492

provisions of s. 216.177, Florida Statutes.

1493

     (3) The sum of $1 million is appropriated annually from the

1494

Pari-mutuel Wagering Trust Fund of the Department of Business and

1495

Professional Regulation from revenues received pursuant to s.

1496

551.118, Florida Statutes, for contract services related to the

1497

prevention of compulsive and addictive gambling.

1498

     Section 28. The Department of Business and Professional

1499

Regulation may expend the unreserved cash balance in the Pari-

1500

mutuel Wagering Trust Fund received from other revenue sources to

1501

implement electronic gaming regulation and investigations during

1502

fiscal year 2008-2009. Beginning as soon as is practicable, but

1503

no later than the 2009-2010 fiscal year, the department shall

1504

initiate repayment of such funds with electronic gaming machine

1505

license revenue sources until the full amount is reimbursed. The

1506

department shall submit a repayment plan for approval to the

1507

Executive Office of the Governor and the chair and vice chair of

1508

the Legislative Budget Commission in accordance with the

1509

provisions of s. 216.177, Florida Statutes. The repaid funds

1510

shall be subject to the requirements of s. 550.135(2), Florida

1511

Statutes.

1512

     Section 29.  This act shall take effect upon becoming a law.

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