HB 1523

1
A bill to be entitled
2An act relating to electronic gaming machines; amending s.
324.103, F.S.; providing definitions; amending s. 24.105,
4F.S.; providing powers and duties of the Department of the
5Lottery pertaining to video lottery games; creating s.
624.125, F.S.; providing for the adoption of rules;
7creating s. 24.126, F.S.; prohibiting certain persons from
8playing video lottery games; creating s. 24.127, F.S.;
9providing requirements for the operation of video lottery
10games; providing for fines and orders of suspension;
11providing a payout percentage; providing for a license
12fee; providing for the distribution of income; providing
13for weekly allocations; providing penalties; creating s.
1424.128, F.S.; providing for the licensure of video lottery
15terminal vendors; providing for emergency rules; creating
16s. 24.129, F.S.; prohibiting certain local zoning
17ordinances; creating s. 24.130, F.S.; providing
18requirements for video lottery terminals; creating s.
1924.131, F.S.; requiring video lottery terminal vendors to
20establish training programs for employees who service such
21terminals; requiring departmental approval of such
22programs; providing certification requirements for such
23employees; providing for the adoption of rules; creating
24s. 24.132, F.S.; requiring video lottery retailers to
25execute certain agreements governing the payment of purses
26and special thoroughbred racing awards; requiring the
27remittance of funds pursuant to such agreements;
28authorizing the department to sanction certain breeders;
29prohibiting the operation of video lottery games in the
30absence of agreements; requiring arbitration if agreements
31are not in place; requiring the video lottery retailer to
32make certain payments for the promotion of the racing
33industry; creating s. 24.133, F.S.; requiring operators of
34facilities where video lottery games are conducted to post
35certain signs regarding compulsive gambling; creating s.
3624.134, F.S.; providing compulsive gambling programs;
37creating s. 24.136, F.S.; authorizing a caterer's license
38for video lottery retailers; creating s. 24.137, F.S.;
39prohibiting video lottery retailers from engaging in
40certain activities; creating s. 24.138, F.S.; providing
41for the exclusion of certain persons from a retailer's
42premises; creating s. 24.139, F.S.; requiring retailers to
43provide office space for department employees; amending s.
44212.02, F.S.; excluding video lottery terminals from the
45definition of the term "coin-operated amusement machine"
46for purposes of the sales and use tax; amending s.
47551.106, F.S.; providing for tax credits on slot machine
48revenues; amending s. 551.114, F.S.; increasing the number
49of slot machines a licensee may make available for play;
50amending s. 551.116, F.S.; providing for extension of the
51hours that slot machine gaming areas may be open upon
52local government approval; providing an appropriation and
53authorizing additional positions; providing effective
54dates.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Subsections (7), (8), (9), (10), and (11) are
59added to section 24.103, Florida Statutes, to read:
60     24.103  Definitions.--As used in this act:
61     (7)  "Video lottery game" means an electronically simulated
62game involving any element of chance, skill, or both, played on
63a video lottery terminal that, upon insertion of currency,
64coins, tokens, credits, vouchers, or anything of value, is
65available to play or simulate a lottery-type game. The games
66include, but are not limited to, lineup games, traditional card
67games, poker, and progressive games where the jackpot grows and
68accumulates as it is being played in a video lottery terminal,
69or network of video lottery terminals, using a cathode ray tube,
70video display screen, microprocessors, or other similar
71technology available now or in the future, as approved by the
72department. A player may receive a payoff in the form of
73currency, coins, tokens, credits, vouchers, or anything of
74value, automatically or in some other manner.
75     (8)  "Video lottery terminal" means a machine or device,
76including associated equipment that is required to operate the
77machine or device upon which a video lottery game is played or
78operated. A video lottery terminal may use spinning reels or
79video displays or other similar technology available now or in
80the future, as approved by the department. A video lottery
81terminal is not a coin-operated amusement machine as defined in
82s. 212.02(24) and does not include an amusement game or machine
83as described in s. 849.161.
84     (9)  "Video lottery terminal vendor" means any person
85licensed by the department who is in the business of selling,
86leasing, servicing, repairing, or upgrading video lottery
87terminals for video lottery retailers or who provides to the
88department or to a video lottery retailer computer equipment,
89software, or other functions related to video lottery terminals.
90     (10)  "Net terminal income" means currency and other
91consideration placed into a video lottery terminal, less payouts
92to or credits redeemed by players.
93     (11)  "Video lottery retailer" means a pari-mutuel
94permitholder under chapter 550 who holds a license to conduct a
95full schedule of live races or games, as described in s.
96550.002(11), between July 1, 2009, and June 30, 2010, or a
97person who is authorized to receive broadcasts of horseraces
98under s. 550.6308.
99     Section 2.  Subsections (21), (22), (23), (24), (25), (26),
100and (27) are added to section 24.105, Florida Statutes, to read:
101     24.105  Powers and duties of department.--The department
102shall:
103     (21)  Have the capacity to support video lottery games at
104facilities of video lottery retailers by January 1, 2010.
105     (22)  Hear and decide promptly and in reasonable order all
106video-lottery-related license applications and enforcement
107proceedings for suspension or revocation of licenses.
108     (23)  Collect and disburse video lottery revenue due the
109department as described in this chapter.
110     (24)  Certify net terminal income of video lottery
111retailers by inspecting records, conducting audits, or any other
112reasonable means.
113     (25)  Maintain a list of licensed video lottery terminal
114vendors and a current list of all contracts between video
115lottery terminal vendors and video lottery retailers.
116     (26)  Approve an application for a video lottery retailer
117within 90 days after receipt of the application. A person meets
118all qualifications of licensure under this section if the person
119has been licensed under chapter 550 and meets the definition of
120a video lottery retailer under s. 24.103(11).
121     (27)  Adopt procedures by rule for scientifically testing
122and technically evaluating video lottery terminals for
123compliance with this chapter. The department may contract with
124an independent testing laboratory to scientifically test and
125technically evaluate video lottery games, video lottery
126terminals, and video lottery operating systems for compliance
127with this chapter. The independent testing laboratory must have
128a national reputation as demonstrably competent and qualified to
129scientifically test and evaluate all components of a video
130lottery gaming system and to otherwise perform all functions
131assigned to it under this chapter. The laboratory may not be
132owned or controlled by a video lottery terminal vendor or video
133lottery terminal retailer. The selection of an independent
134testing laboratory shall be made from a list of one or more
135laboratories approved and licensed by the department.
136     Section 3.  Section 24.125, Florida Statutes, is created to
137read:
138     24.125  Rules authorized.--
139     (1)  The department may adopt rules similar to rules
140adopted under chapter 551, relating to:
141     (a)  The regulation of video lottery retailers, video
142lottery terminal vendors, video lottery games, and video lottery
143products.
144     (b)  Specifications for approving and authorizing video
145lottery terminals in order to maintain the integrity of video
146lottery games and terminals. The specifications may not limit
147the number of video lottery terminal vendors who supply
148terminals to fewer than four.
149     (c)  Hearing and approving or disapproving video lottery-
150related license applications, and enforcement procedures related
151to suspension and revocation of licenses.
152     (d)  The collection and disbursement of video lottery
153revenue.
154     (e)  The certification of net terminal income of video
155lottery retailers.
156     (2)  Initial rules to permit the operation of video
157lotteries and the licensing of video lottery vendors shall be
158adopted by January 1, 2010. The department may adopt emergency
159rules under ss. 120.536(1) and 120.54(4) to implement this
160section.
161     Section 4.  Section 24.126, Florida Statutes, is created to
162read:
163     24.126  Video lottery; minimum age.--
164     (1)  A person who is younger than 21 years of age may not
165play a video lottery game.
166     (2)  Each video lottery retailer shall post a clear and
167conspicuous sign on all video lottery terminals which reads:
168THE USE OF A VIDEO LOTTERY TERMINAL BY PERSONS UNDER THE AGE OF
16921 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR USE.
170     (3)  Any person who violates this section commits a
171misdemeanor of the second degree, punishable as provided in s.
172775.082 or s. 775.083.
173     Section 5.  Section 24.127, Florida Statutes, is created to
174read:
175     24.127  Video lottery games.--
176     (1)  Video lottery games may be offered by a video lottery
177retailer only at the pari-mutuel facility at which the video
178lottery retailer is licensed to conduct pari-mutuel wagering
179between July 1, 2009, and June 30, 2010, or at its relocated
180licensed pari-mutuel facility if the relocation of such facility
181has been approved by the Division of Pari-mutuel Wagering
182pursuant to s. 550.0555. During any calendar year in which a
183video lottery retailer maintains video lottery terminals, the
184retailer must be licensed to conduct a full schedule of live
185racing or games, as defined in s. 550.002(11), including the
186conduct of races or games under s. 550.475, or be authorized to
187receive broadcasts of horse races under s. 550.6308. The
188department shall waive such requirements upon a showing that the
189failure to conduct races or games resulted from a natural
190disaster, strike, or other act beyond the control of the
191permitholder, including legal restrictions or prohibitions
192placed on the permitholder's activities. If the retailer does
193not comply with the requirement to conduct a full schedule of
194races or games for any other reason, the department shall order
195the retailer to suspend its video lottery operation. The
196department may assess an administrative fine, not to exceed
197$5,000 per video lottery terminal per day, against any retailer
198who does not suspend its video lottery operation when ordered to
199do so by the department. The department may enforce a suspension
200order or administrative fine as provided in s. 120.69. Each
201video lottery retailer shall post a bond payable to the state in
202an amount determined by the department as sufficient to
203guarantee the payment of revenue due in any payment period. The
204initial bond prior to commencement of operations by the video
205lottery retailer shall be $2 million, issued by a surety
206approved by the department, conditioned to make the payments to
207the department. The bond shall be separate from the bond
208required by s. 550.125.
209     (2)  Each video lottery terminal retailer shall determine
210the following pertaining to the video lottery terminals located
211on its premises:
212     (a)  Number of video lottery terminals, not to exceed 1,500
213at any pari-mutuel facility;
214     (b)  Dates and hours during which the video lottery
215terminals are available for play, not to exceed 16 hours a day,
216except that the hours of operation may be extended by majority
217vote of the governing body of the municipality where the
218retailer is located or the governing body of the county if the
219retailer is not located in a municipality;
220     (c)  Mix of games available for play on video lottery
221terminals;
222     (d)  Use of currency, coins, tokens, vouchers, electronic
223credits, or anything of value;
224     (e)  Location and movement of video lottery terminals on
225the premises;
226     (f)  Staffing of video lottery terminal operations on the
227premises; and
228     (g)  Minimum and maximum betting amounts and the payout,
229based upon a suitable range, as determined by the video lottery
230retailer, with a minimum of 85 percent of the amount of
231currency, credits, vouchers, or anything of value put into a
232video lottery terminal.
233     (3)  Each video lottery terminal retailer shall notify the
234department before commencing the initial operation of video
235lottery games.
236     (4)  To facilitate the auditing and security programs that
237are critical to the integrity of the video lottery system, the
238department shall have overall control of the entire system. Each
239video lottery terminal shall be linked, directly or indirectly,
240to a computer system operated by the department or by a vendor
241contracting with the department.
242     (5)  Video lottery games may be played at an authorized
243video lottery retailer's facility regardless of whether the
244retailer is conducting a pari-mutuel event.
245     (6)  Upon submission of the initial application for a video
246lottery retailer license and annually thereafter on the
247anniversary date of the issuance of the initial license, the
248licensee must pay a nonrefundable license fee of $3 million to
249the department. The license fee shall be deposited into the
250Operating Trust Fund of the Department of Lottery to be used by
251the department to administer this act.
252     (7)  Income derived from video lottery operations is not
253subject to s. 24.121. The allocation of net terminal income
254derived from video lottery games shall be as follows:
255     (a)  Fifty percent shall be remitted to the Operating Trust
256Fund for transfer to the Education Enhancement Trust Fund.
257     (b)  One-half percent shall be paid by the video lottery
258retailer to the department to administer and regulate the
259operation of video lottery terminals. Funds in excess of the
260department's administrative costs shall be transferred to the
261Educational Enhancement Trust Fund.
262     (8)  The allocation provided in subsection (7) shall be
263made weekly. Amounts allocated shall be remitted to the
264department by electronic transfer within 24 hours after the
265allocation is determined.
266     (9)  Any person who intentionally manipulates or attempts
267to manipulate the outcome, payoff, or operation of a video
268lottery terminal by physical or electronic tampering or other
269means commits a felony of the third degree, punishable as
270provided in s. 775.082, s. 775.083, or s. 775.084.
271     (10)  Notwithstanding s. 24.115, each video lottery
272retailer is responsible for payment of video lottery prizes.
273     (11)  In the area or room in a facility in which a video
274lottery terminal is placed, the video lottery retailer shall
275also place video monitors displaying live races or games being
276conducted in that facility. If live races or games are not being
277conducted, any simulcast races or games that are otherwise
278displayed in the facility shall be displayed. In each area or
279room, the retailer shall also provide a means for patrons to
280wager on pari-mutuel activity.
281     Section 6.  Section 24.128, Florida Statutes, is created to
282read:
283     24.128  Licensure of video lottery terminal vendors.--Video
284lottery terminal vendors shall be licensed by the department by
285October 1, 2009. The department may adopt emergency rules under
286ss. 120.536(1) and 120.54(4) to implement this section. The
287department may not license a person as a video lottery terminal
288vendor who has an interest in a video lottery retailer or a
289business relationship with a video lottery retailer other than
290as a vendor or lessor of video lottery terminals.
291     Section 7.  Section 24.129, Florida Statutes, is created to
292read:
293     24.129  Local zoning of pari-mutuel facilities.--The
294installation, operation, or use of a video lottery on any
295property where pari-mutuel operations were or would have been
296lawful under any county or municipal zoning ordinance on July 1,
2972008, does not change the character of the use of such property.
298Such use is lawful and consistent with pari-mutuel operations,
299and such use or the expansion or construction of facilities to
300accommodate video lottery terminals on the property is not
301subject to review or approval under land use, zoning, or site
302plan review, or concurrency law, ordinance, or regulation by any
303governmental entity.
304     Section 8.  Section 24.130, Florida Statutes, is created to
305read:
306     24.130  Video lottery terminals.--
307     (1)  Video lottery terminals may not be offered for use or
308play in this state unless approved by the department.
309     (2)  Each video lottery terminal approved for use in this
310state must:
311     (a)  Be protected against manipulation to affect the random
312probabilities of winning plays.
313     (b)  Have one or more mechanisms that accept currency,
314coins, tokens, vouchers, or anything of value in exchange for
315game credits. Such mechanisms must be designed to prevent
316players from obtaining currency, coins, tokens, vouchers, or
317anything of value, or from obtaining game credits, by physical
318tampering.
319     (c)  Be capable of suspending play until reset at the
320direction of the department as a result of physical tampering.
321     (d)  Be capable of being linked to a central computer
322communications system to audit the operation, financial data,
323and program information, as required by the department.
324     Section 9.  Section 24.131, Florida Statutes, is created to
325read:
326     24.131  Video lottery terminal training program.--
327     (1)  Each licensed video lottery terminal vendor shall
328submit a training program for the service and maintenance of
329terminals and equipment for approval by the department. The
330training program must include an outline of the training
331curriculum, a list of instructors and their qualifications, a
332copy of the instructional materials, and the dates, times, and
333location of training classes. A service and maintenance program
334may not be held unless approved by the department.
335     (2)  Each video lottery terminal service employee must
336complete the requirements of the manufacturer's training program
337before performing service, maintenance, or repairs on video
338lottery terminals or associated equipment. Upon the successful
339completion of the training program by an employee, the
340department shall issue a certificate authorizing the employee to
341service, maintain, and repair video lottery terminals and
342associated equipment. A certificate of completion may not be
343issued to a person until the department determines that such
344person has completed the required training. Before being
345certified as a video lottery terminal service employee, a person
346must pass a background investigation conducted by the
347department. The department may revoke certification upon finding
348that a person is in violation of this chapter or department
349rule.
350     (3)  The department may adopt rules regarding the training,
351qualifications, and certification of video lottery terminal
352service employees.
353     Section 10.  Section 24.132, Florida Statutes, is created
354to read:
355     24.132  Video lottery retailer; agreements required.--
356     (1)  A video lottery retailer who holds a permit under
357chapter 550 to conduct pari-mutuel wagering meets of
358thoroughbred racing may not conduct video lottery games unless
359the retailer has on file with the division a binding written
360agreement governing the payment of purses on live thoroughbred
361races conducted at the retailer's pari-mutuel facility between
362the retailer and the association representing a majority of the
363thoroughbred racehorse owners and trainers at that location. In
364addition, a video lottery retailer may not conduct video lottery
365games unless it has on file with the department a binding
366written agreement between it and the Florida Thoroughbred
367Breeders' Association, Inc., governing the payment of breeders',
368stallion, and special racing awards on live thoroughbred races
369conducted at the retailer's pari-mutuel facility.
370     (a)  The agreement governing purses and the agreement
371governing awards may direct the payment of such purses and
372awards from revenues generated by any wagering or gaming that
373the applicant is authorized to conduct.
374     (b)  All purses and awards are subject to chapter 550. All
375sums for breeders', stallion, and special racing awards shall be
376remitted monthly to the Florida Thoroughbred Breeders'
377Association, Inc., for the payment of awards subject to the
378administrative fee authorized in s. 550.2625(3).
379     (2)  The department shall prohibit the operation of video
380lottery games at a retailer's premises if an agreement required
381under subsection (1) is terminated or otherwise ceases to
382operate or if the department determines that the retailer has
383materially failed to comply with the terms of an agreement.
384     (3)  If an agreement required under subsection (1) is not
385in place, either party may request the American Arbitration
386Association to furnish a list of 11 arbitrators, each of whom
387shall have at least 5 years of commercial arbitration experience
388and no financial interest in or prior relationship with any of
389the parties or their affiliated or related entities or
390principals. Each party to the agreement shall select a single
391arbitrator from the list provided within 10 days after receipt
392of the list and the arbitrators selected shall choose one
393additional arbitrator from the same list within the next 10
394days.
395     (a)  If an agreement is not in place 60 days after the
396request for a list of arbitrators, the matter shall be
397immediately submitted for mandatory binding arbitration to
398resolve the disagreement between the parties. The three
399arbitrators selected shall constitute the panel that will
400arbitrate the dispute between the parties pursuant to the
401American Arbitration Association Commercial Arbitration Rules
402and chapter 682.
403     (b)  At the conclusion of the proceedings, which must be
404within 90 days after requesting the list of arbitrators, the
405arbitration panel shall present a proposed agreement to the
406parties which the majority of the panel believes equitably
407balances the rights, interests, obligations, and reasonable
408expectations of the parties. The parties shall immediately enter
409into such agreement, which shall satisfy the requirements of
410subsection (1) and permit the conduct of video lottery games by
411the video lottery retailer. The agreement is effective until the
412last day of the license or renewal period or until the parties
413enter into a different agreement. Each party shall pay its
414respective costs of arbitration and one-half of the costs of the
415arbitration panel unless the parties have agreed otherwise. If
416the agreement remains in place 120 days before the scheduled
417issuance of the next annual license renewal, the arbitration
418process established in this subsection shall begin again.
419     (c)  If neither of the agreements required under subsection
420(1) are in place, arbitration shall proceed independently with
421separate lists of arbitrators, arbitration panels, arbitration
422proceedings, and resulting agreements.
423     (d)  Arbitration and the resulting agreement governing the
424payment of purses under subsection (1) shall be limited to the
425payment of purses from net terminal income only.
426     (4)  A video lottery retailer who holds a limited
427intertrack waging license pursuant to s. 550.6308 shall make the
428following payments for the promotion and welfare of the
429thoroughbred racing industry:
430     (a)  An amount equal to 12.5 of the net terminal income
431shall be paid to thoroughbred pari-mutuel permitholders that are
432licensed to conduct live races for purses. If more than one
433permitholder is licensed to conduct live races during the state
434thoroughbred racing season, the video lottery retailer shall
435allocate these funds between the operating permitholders on a
436pro rata basis based on the total live handle generated during
437the previous racing season at the operating permitholders'
438facilities. An amount equal to 7.5 percent of the purse account
439generated under this paragraph shall be used for Florida Owners'
440Awards pursuant to an agreement executed by the permitholder,
441the Florida Thoroughbred Breeders' Association, and the
442association representing a majority of the thoroughbred
443racehorse owners and trainers at the permitholder's facility. If
444an agreement is not reached 60 days before the commencement of
445the permitholder's racing meet, the funds shall be used for
446overnight purses.
447     (b)  An amount equal to 1.25 percent of the net terminal
448income shall be paid for breeders', stallion, or special racing
449awards. The Florida Thoroughbred Breeders' Association may
450receive these payments from the video lottery retailer and make
451payments of awards earned. The Florida Thoroughbred Breeders'
452Association may withhold up to 10 percent of the permitholder's
453payments under this paragraph as a fee for administering the
454payments of awards and for the general promotion of the
455industry. The video lottery retailer shall make weekly payments
456to the permitholders and to the Florida Thoroughbred Breeders'
457Association at the same time it remits its allocation to the
458department.
459     Section 11.  Section 24.133, Florida Statutes, is created
460to read:
461     24.133  Notice of availability of assistance for compulsive
462gambling required.--
463     (1)  The owner of each facility at which video lottery
464games are conducted shall post signs that display the following
465statement:
466
467"IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS
468AVAILABLE. CALL 1-800-426-7711."
469
470The department may approve additional toll-free numbers to
471ensure compliance with this section. The signs must be posted
472within 50 feet of each entrance.
473     Section 12.  Section 24.134, Florida Statutes, is created
474to read:
475     24.134  Compulsive gambling program.--
476     (1)  The video lottery retailer shall offer training to
477employees on responsible gaming and shall work with a compulsive
478gambling prevention program to recognize problem gaming
479situations and to implement responsible gaming programs and
480practices.
481     (2)  The department shall, subject to competitive bidding,
482contract for the provision of services related to the prevention
483of compulsive gambling. The contract shall provide for an
484advertising program to encourage responsible gaming practices
485and to publicize a gambling telephone help line. Such
486advertisements must be made both publicly and inside the gaming
487areas of the video lottery retailers' facilities. The terms of
488any contract for the provision of such services shall include
489accountability standards that must be met by any private
490provider. The failure of any private provider to meet any
491material terms of the contract, including the accountability
492standards, shall constitute a breach of contract or grounds for
493nonrenewal.
494     Section 13.  Section 24.136, Florida Statutes, is created
495to read:
496     24.136  Licensure of video lottery retailer.--A video
497lottery retailer is entitled to a caterer's license pursuant to
498s. 565.02 on the days the pari-mutuel facility is open to the
499public for video lottery play as authorized by this chapter.
500     Section 14.  Section 24.137, Florida Statutes, is created
501to read:
502     24.137  Other prohibited activities.--
503     (1)  Complimentary or reduced-cost alcoholic beverages may
504not be served to a person playing a video lottery terminal.
505Alcoholic beverages served to a person playing a video lottery
506terminal shall cost at least the same amount as alcoholic
507beverages served to the general public at a bar within the
508facility.
509     (2)  A video lottery retailer may not allow any automated
510teller machine or similar device that provides credit or
511dispenses cash in the area where video lottery terminal gaming
512may be conducted pursuant to this chapter, nor may such retailer
513make loans, provide credit, or advance cash to enable a person
514to play a video lottery terminal. However, automated ticket
515redemption machines that dispense cash for the redemption of
516tickets may be located in such areas.
517     (3)  A video lottery retailer may not accept or cash any
518personal, third-party, corporate, business, or government-issued
519check from any person.
520     (4)  A video lottery terminal located within a video
521lottery retailer's facility shall accept only tickets or paper
522currency or an electronic payment system for wagering, and
523return or deliver payouts to the player in the form of tickets
524that may be exchanged for cash, merchandise, or other items of
525value. The use of coins, credit or debit cards, tokens, or
526similar objects is prohibited. However, an electronic credit
527system may be used for receiving wagers and making payouts.
528     Section 15.  Section 24.138, Florida Statutes, is created
529to read:
530     24.138  Exclusions of certain persons.--In addition to the
531power to exclude certain persons from any facility of a video
532lottery terminal retailer in this state, the department may
533exclude any person for conduct that would constitute, if the
534person were a licensee, a violation of this chapter, chapter 550
535or chapter 551, or a department rule. The department may exclude
536from any facility of a video lottery terminal retailer any
537person who has been ejected from a facility of a video lottery
538retailer or slot machine licensee in this or any other state by
539the governmental department, agency, commission, or authority
540that regulates gaming in that state. This section does not
541abrogate the common law right of a video lottery terminal
542retailer to exclude a patron absolutely in this state.
543     Section 16.  Section 24.139, Florida Statutes, is created
544to read:
545     24.139  Department office space.--A video lottery terminal
546retailer shall provide adequate office space at no cost to the
547department for the oversight of video lottery terminal
548operations. The department shall adopt rules establishing the
549criteria for adequate space, configuration, and needed
550electronic and technological requirements for office space
551required by this section.
552     Section 17.  Subsection (24) of section 212.02, Florida
553Statues, is amended to read:
554     212.02  Definitions.--The following terms and phrases when
555used in this chapter have the meanings ascribed to them in this
556section, except where the context clearly indicates a different
557meaning:
558     (24)  "Coin-operated amusement machine" means any machine
559operated by coin, slug, token, coupon, or similar device for the
560purposes of entertainment or amusement. The term includes, but
561is not limited to, coin-operated pinball machines, music
562machines, juke boxes, mechanical games, video games, arcade
563games, billiard tables, moving picture viewers, shooting
564galleries, and all other similar amusement devices. The term
565does not include a video lottery terminal operated pursuant to
566chapter 24.
567     Section 18.  Effective January 1, 2010, present subsections
568(3), (4), and (5) of section 551.106, Florida Statutes, are
569redesignated as subsections (4), (5), and (6), respectively, and
570a new subsection (3) is added to that section, to read:
571     551.106  License fee; tax rate; penalties.--
572     (3)  TAX CREDITS ON SLOT MACHINE REVENUES.--Each slot
573machine licensee shall receive in the current state fiscal year
574a tax credit equal to the amount paid by the licensee in the
575previous state fiscal year to the local government according to
576any slot revenue sharing agreements made with the local
577government where the slot machine licensee is located. This tax
578credit shall be applicable against the taxes otherwise due and
579payable to the state under subsection (2). The total amount of
580the tax credit may not exceed 3.7 percent of the total taxes
581paid to the division under this section in the previous state
582fiscal year.
583     Section 19.  Subsection (1) of section 551.114, Florida
584Statutes, is amended to read:
585     551.114  Slot machine gaming areas.--
586     (1)  A slot machine licensee may make available for play up
587to 2,500 2,000 slot machines within the property of the
588facilities of the slot machine licensee.
589     Section 20.  Section 551.116, Florida Statutes, is amended
590to read:
591     551.116  Days and hours of operation.--Slot machine gaming
592areas may be open daily throughout the year. The slot machine
593gaming areas may be open a cumulative amount of 18 hours per day
594on Monday through Friday and 24 hours per day on Saturday and
595Sunday and on those holidays specified in s. 110.117(1);
596however, the hours of operation may be extended by majority vote
597of the governing body of the municipality where the slot machine
598facility is located or the governing body of the county if the
599slot machine facility is not located in a municipality.
600     Section 21.  For the 2009-2010 fiscal year, the sum of $10
601million in recurring funds is appropriated from the Operating
602Trust Fund in the Department of Lottery and 24 full-time
603equivalent positions and associated salary rate of 1,276,000 are
604authorized to implement the provisions of this act.
605     Section 22.  Except as otherwise expressly provided in this
606act, this act shall take effect upon becoming a law.


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