Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 268
       
       
       
       
       
       
                                Ì604820xÎ604820                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/20/2015           .                                
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       The Committee on Regulated Industries (Stargel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 546.10, Florida Statutes, is created to
    6  read:
    7         546.10 Amusement games or machines.—
    8         (1) As used in this section, the term:
    9         (a) "Amusement game or machine" means a game or machine
   10  operated only for the bona fide entertainment of the general
   11  public which a person activates by inserting currency or a coin,
   12  card, coupon, slug, token, or similar device, and, by
   13  application of skill, the person playing or operating the game
   14  or machine controls the outcome of the game. The term does not
   15  include:
   16         1. Casino-style games in which the outcome of the game is
   17  determined by factors unpredictable by the player.
   18         2. Games in which the player does not control the outcome
   19  of the game through skill.
   20         3. Video poker games or any other games or machines that
   21  may be construed as a gambling device under the laws of this
   22  state.
   23         4. Any game or device defined as a gambling device in 15
   24  U.S.C. s. 1171, unless excluded under s. 1178.
   25         (b) "Arcade amusement center" means a place of business
   26  having at least 50 amusement games or machines on premises which
   27  is operated for the entertainment of the general public and
   28  tourists as a bona fide amusement facility.
   29         (c) "Card" means a stored value card as defined in s.
   30  560.103, and does not include a credit or debit card.
   31         (d) "Game played" means the event beginning with activation
   32  of the amusement game or machine and ending when the results of
   33  play are determined without the insertion of any additional
   34  currency, coin, card, coupon, slug, token, or similar device to
   35  continue play. Free replays are not separate games played.
   36         (e) "Merchandise" means noncash prizes, including toys and
   37  novelties. The term does not include:
   38         1. Cash equivalents, including gift cards or certificates.
   39         2. Alcoholic beverages.
   40         3. Cards, coupons, points, slugs, tokens, or similar
   41  devices that can be used to activate an amusement game or
   42  machine.
   43         4. Points or coupons that have a redemption value greater
   44  than the maximum value determined under subsection (7).
   45         (f) "Redemption value" means the imputed value of coupons
   46  or points, based on the wholesale cost of onsite merchandise for
   47  which those coupons or points may be redeemed.
   48         (g) "Truck stop" means a dealer registered pursuant to
   49  chapter 212, excluding marinas, which:
   50         1. Declared its primary fuel business to be the sale of
   51  diesel fuel; and
   52         2. Operates a minimum of six functional diesel fuel pumps.
   53         (2) Notwithstanding any other provision of law, amusement
   54  games or machines may be operated as provided in this section.
   55         (3) This section applies only to amusement games or
   56  machines as defined in subsection (1) and does not authorize:
   57         (a) Casino-style games in which the outcome of the game is
   58  determined by factors unpredictable by the player.
   59         (b) Games in which the player does not control the outcome
   60  of the game through skill.
   61         (c) Video poker games or any other game or machine that may
   62  be construed as a gambling device under the laws of this state.
   63         (d) Any game or device defined as a gambling device in 15
   64  U.S.C. s. 1171, unless excluded under s. 1178.
   65         (4) An amusement game or machine may entitle or enable a
   66  person, by application of skill, to replay the game or device
   67  without the insertion of any additional currency, coin, card,
   68  coupon, slug, token, or similar device, if:
   69         (a) The amusement game or machine can accumulate and react
   70  to no more than 15 such replays.
   71         (b) The amusement game or machine can be discharged of
   72  accumulated replays only by reactivating the game or device for
   73  one additional play for each accumulated replay.
   74         (c) The amusement game or machine cannot make a permanent
   75  record, directly or indirectly, of any free replay.
   76         (5) An amusement game or machine may entitle or enable a
   77  person, by application of skill, to receive points or coupons
   78  that may only be redeemed onsite for merchandise, if:
   79         (a) The amusement game or machine is located at an arcade
   80  amusement center, truck stop, bowling center as defined in s.
   81  849.141, or public lodging establishment or public food service
   82  establishment licensed pursuant to chapter 509;
   83         (b) The points or coupons have no value other than for
   84  redemption onsite for merchandise;
   85         (c) The redemption value of the points or coupons a person
   86  receives for a single game played does not exceed the maximum
   87  value determined under subsection (7); and
   88         (d) The redemption value of points or coupons that a person
   89  receives for playing multiple games simultaneously or competing
   90  against others in a multiplayer game does not exceed the maximum
   91  value determined under subsection (7).
   92         (6) An amusement game or machine that allows the player to
   93  manipulate a claw or similar device within an enclosure may
   94  entitle or enable a person, by application of skill, to receive
   95  merchandise directly from the game or machine, if:
   96         (a) The amusement game or machine is located at an arcade
   97  amusement center, truck stop, bowling center as defined in s.
   98  849.141, public lodging establishment or public food service
   99  establishment licensed pursuant to chapter 509, or on the
  100  premises of a retailer as defined in s. 212.02; and
  101         (b) The wholesale cost of the merchandise does not exceed
  102  10 times the maximum value determined under subsection (7).
  103         (7) For purposes of this section, the "maximum value" is
  104  $5.25. Beginning July 1, 2016, and annually thereafter, the
  105  Department of Revenue shall adjust the maximum value by
  106  multiplying the value by the sum of 1 plus the percentage change
  107  in the Consumer Price Index for All Urban Consumers, U.S. City
  108  Average, or a successor index as calculated by the United States
  109  Department of Labor, for the most recent 12-month period ending
  110  March 31, and rounding the product to the nearest cent. The
  111  Department of Revenue shall publish the maximum value, as
  112  adjusted, in a brochure accessible from its website relating to
  113  sales and use tax on amusement machines.
  114         (8) Notwithstanding any other provision of law, an action
  115  to enjoin the operation of any game or machine at any location
  116  listed in paragraph (6)(a) pursuant to or for an alleged
  117  violation of chapter 849 may be brought only by the Attorney
  118  General, the state attorney for the circuit in which the game or
  119  machine is located, any federally recognized tribal government
  120  possessing sovereign powers and rights of self-government that
  121  is a party to a compact with the state or, in the case of an
  122  alleged violation of statutes that they are charged with
  123  enforcing, the Department of Agriculture and Consumer Services
  124  or the Department of Business and Professional Regulation.
  125         Section 2. Subsection (8) of section 551.102, Florida
  126  Statutes, is amended to read:
  127         551.102 Definitions.—As used in this chapter, the term:
  128         (8) "Slot machine" means any mechanical or electrical
  129  contrivance, terminal that may or may not be capable of
  130  downloading slot games from a central server system, machine, or
  131  other device that, upon insertion of a coin, bill, ticket,
  132  token, or similar object or upon payment of any consideration
  133  whatsoever, including the use of any electronic payment system
  134  except a credit card or debit card, is available to play or
  135  operate, the play or operation of which, whether by reason of
  136  skill or application of the element of chance or both, may
  137  deliver or entitle the person or persons playing or operating
  138  the contrivance, terminal, machine, or other device to receive
  139  cash, billets, tickets, tokens, or electronic credits to be
  140  exchanged for cash or to receive merchandise or anything of
  141  value whatsoever, whether the payoff is made automatically from
  142  the machine or manually. The term includes associated equipment
  143  necessary to conduct the operation of the contrivance, terminal,
  144  machine, or other device. Slot machines may use spinning reels,
  145  video displays, or both. A slot machine is not a "coin-operated
  146  amusement machine" as defined in s. 212.02(24) or an amusement
  147  game or machine as described in s. 546.10 849.161, and slot
  148  machines are not subject to the tax imposed by s. 212.05(1)(h).
  149         Section 3. Section 849.161, Florida Statutes, is repealed.
  150         Section 4. This act shall take effect July 1, 2015.
  151  
  152  
  153  ================= T I T L E  A M E N D M E N T ================
  154  And the title is amended as follows:
  155         Delete everything before the enacting clause
  156  and insert:
  157                        A bill to be entitled                      
  158         An act relating to amusement games or machines; creating s.
  159  546.10, F.S.; providing definitions; providing applicability;
  160  authorizing amusement games or machines in conformance with
  161  specified provisions; authorizing direct receipt of merchandise
  162  under certain circumstances; providing a cap on the redemption
  163  value of points or coupons; requiring the Department of Revenue
  164  to recalculate and publish the cap annually; providing for
  165  enforcement actions; amending s. 551.102, F.S.; conforming a
  166  cross-reference; repealing s. 849.161, F.S., relating to
  167  amusement games or machines; providing an effective date.