Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. PCS (136928) for SB 1030
       
       
       
       
       
       
                                Barcode 191686                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/20/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Gaming (Sachs) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 380 - 471
    4  and insert:
    5         (1) As used in this section, the term:
    6         (a) “Amusement games or machines” means games or machines
    7  that require the customer to insert a coin, bill, token or
    8  stored value card to play a game or machine and that by
    9  application of some skill may entitle the person playing or
   10  operating the game or machine to receive points or coupons which
   11  may be exchanged for merchandise only limited to noncash prizes,
   12  toys, and novelties, excluding alcoholic beverages, provided the
   13  cost value of the merchandise or prize awarded in exchange for
   14  such points or coupons does not exceed 75 cents on any game
   15  played.
   16         (b) “Arcade amusement center” means a place of business
   17  having at least 50 coin-operated amusement games or machines on
   18  premises which are operated for the entertainment of the general
   19  public and tourists as a bona fide amusement facility.
   20         (c) “Department” means the Department of Agriculture.
   21         (d)”Merchandise” means noncash prizes, including toys and
   22  novelties excluding alcoholic beverages, provided the cost value
   23  of the merchandise or prize awarded in exchange for such points
   24  or coupons does not exceed 75 cents on any game played.
   25         (e) “Truck stop” means a dealer registered pursuant to
   26  chapter 212, excluding a marina, which:
   27         1. Declared its primary fuel business to be the sale of
   28  diesel fuel;
   29         2. Operates a minimum of six functional diesel fuel pumps;
   30  and
   31         3. Has amusement games or machines on premises which are
   32  operated for the entertainment of the general public and
   33  tourists as bona fide amusement games or machines as defined in
   34  849.161(a) 1.
   35         (2)(1)(a)1. Nothing contained in this chapter shall be
   36  taken or construed to prohibit as applicable to an arcade
   37  amusement center, a truck stop or any division, department,
   38  post, or chapter of a veterans’ service organization granted a
   39  federal charter under Title 36, United States Code having from
   40  operating amusement games or machines in conformance with this
   41  section which operate by means of the insertion of a coin and
   42  which by application of skill may entitle the person playing or
   43  operating the game or machine to receive points or coupons which
   44  may be exchanged for merchandise only, excluding cash and
   45  alcoholic beverages, provided the cost value of the merchandise
   46  or prize awarded in exchange for such points or coupons does not
   47  exceed 75 cents on any game played.
   48         2.Nothing contained in this chapter shall be taken or
   49  construed as applicable to any retail dealer who operates as a
   50  truck stop, as defined in chapter 336 and which operates a
   51  minimum of 6 functional diesel fuel pumps, having amusement
   52  games or machines which operate by means of the insertion of a
   53  coin or other currency and which by application of skill may
   54  entitle the person playing or operating the game or machine to
   55  receive points or coupons which may be exchanged for merchandise
   56  limited to noncash prizes, toys, novelties, and Florida Lottery
   57  products, excluding alcoholic beverages, provided the cost value
   58  of the merchandise or prize awarded in exchange for such points
   59  or coupons does not exceed 75 cents on any game played.
   60         (3) This section subparagraph applies only to games and
   61  machines that which are operated for the entertainment of the
   62  general public and tourists as bona fide amusement games or
   63  machines.
   64         (4) The department is hereby authorized to issue a
   65  declaratory statement pursuant to s. 120.565 to any owner or
   66  operator of a game or machine seeking clarification of the
   67  definition of amusement games and machines as described in s.
   68  849.161(1) which operate on the premises of an amusement arcade.
   69         (5) This section may subsection shall not be construed to
   70  authorize apply, however, to any game or device defined as a
   71  gambling device in 15 24 U.S.C. s. 1171, which requires
   72  identification of each device by permanently affixing seriatim
   73  numbering and name, trade name, and date of manufacture under s.
   74  1173, and registration with the United States Attorney General,
   75  unless excluded from applicability of the chapter under s. 1178,
   76  or. this subsection shall not be construed to authorize video
   77  poker games or any other game or machine that may be construed
   78  as a gambling device under Florida law.
   79         (6)(b)This section does not apply Nothing in this
   80  subsection shall be taken or construed as applicable to a coin
   81  or other currency operated coin-operated game or device designed
   82  and manufactured only for bona fide amusement purposes which
   83  game or device may by application of skill entitle the player to
   84  replay the game or device at no additional cost, if the game or
   85  device: can accumulate and react to no more than 15 free
   86  replays; can be discharged of accumulated free replays only by
   87  reactivating the game or device for one additional play for such
   88  accumulated free replay; can make no permanent record, directly
   89  or indirectly, of free replays; and is not classified by the
   90  United States as a gambling device in 15 24 U.S.C. s. 1171,
   91  which requires identification of each device by permanently
   92  affixing seriatim numbering and name, trade name, and date of
   93  manufacture under s. 1173, and registration with the United
   94  States Attorney General, unless excluded from applicability of
   95  the chapter under s. 1178. This subsection shall not be
   96  construed to authorize video poker games, or any other game or
   97  machine that may be construed as a gambling device under Florida
   98  law.
   99         (2) The term “arcade amusement center” as used in this
  100  section means a place of business having at least 50 coin
  101  operated amusement games or machines on premises which are
  102  operated for the entertainment of the general public and
  103  tourists as a bona fide amusement facility.