Florida Senate - 2022                                     SB 936
       By Senator Baxley
       12-00901A-22                                           2022936__
    1                        A bill to be entitled                      
    2         An act relating to compulsive and addictive gambling
    3         prevention; creating s. 16.7121, F.S.; providing
    4         legislative intent and purpose; defining terms;
    5         establishing the Compulsive and Addictive Gambling
    6         Prevention Program within the Florida Gaming Control
    7         Commission; requiring the commission to contract for
    8         services relating to the program; providing the duties
    9         of the program; requiring the commission to ensure
   10         gaming facilities participate in the program by taking
   11         certain actions; authorizing the commission to
   12         allocate funding for the program from a specified
   13         source; providing a cap on the amount that the
   14         commission can allocate to the trust fund; providing
   15         for rulemaking; amending s. 24.120, F.S.; requiring
   16         the Department of the Lottery to deposit a certain
   17         percentage of specified funds into a certain trust
   18         fund for the purpose of participation in the program;
   19         repealing s. 551.118, F.S., relating to the compulsive
   20         or addictive gambling prevention program; amending ss.
   21         550.135 and 551.104, F.S.; conforming provisions to
   22         changes made by the act; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Section 16.7121, Florida Statutes, is created to
   27  read:
   28         16.7121Compulsive and Addictive Gambling Prevention
   29  Program.—
   30         (1)The Legislature recognizes the potential for persons
   31  participating in authorized wagering or gambling activities to
   32  develop compulsive and addictive gambling behavior. The purpose
   33  of this section is to recognize and mitigate, to the extent
   34  possible, the adverse impact of compulsive and addictive
   35  gambling behaviors on individuals, families, and communities by
   36  raising awareness of such behavior through a prevention program.
   37  This section is not intended to inhibit, or otherwise obstruct,
   38  medical or behavioral health research regarding the impact of
   39  compulsive or addictive gambling behavior.
   40         (2)As used in this section, the term:
   41         (a)“Commission” means the Florida Gaming Control
   42  Commission.
   43         (b)“Compulsive gambling” and “addictive gambling” means
   44  disordered gambling by a person who does not have the ability to
   45  control his or her gambling and as a result experiences
   46  difficulties in his or her life due to such gambling.
   47         (c)“Employee training program” means training and
   48  materials provided to the employees of pari-mutuel, cardroom,
   49  casino, and other such gaming venue facilities that:
   50         1.Identify the characteristics and signs of compulsive
   51  gambling behavior.
   52         2.Offer techniques to be used when a compulsive gambling
   53  problem is identified or suspected.
   54         3.Include information on available self-exclusion
   55  programs.
   56         4.Include information on how to access problem gambling
   57  support and available resources.
   58         (3)The Compulsive and Addictive Gambling Prevention
   59  Program is established within the Florida Gaming Control
   60  Commission. The commission shall contract, subject to
   61  competitive bidding, for the provision of services to operate,
   62  manage, and administer the program. The program shall:
   63         (a)Serve as a single-source provider of information
   64  relating to compulsive or addictive gambling, including
   65  referrals to services for persons seeking professional help for
   66  such behavior.
   67         (b)Provide support to persons in need of assistance due to
   68  compulsive or addictive gambling.
   69         (c)Maintain a statewide advertising program that promotes
   70  and encourages responsible gambling.
   71         (d)Maintain a statewide advertising program that promotes
   72  and publicizes the confidential and multilingual toll-free
   73  (888)-ADMIT-IT helpline to provide information and referral
   74  services regarding compulsive or problem gambling.
   75         (e)Develop and conduct employee training programs.
   76         (f)Report to the commission annually on the services
   77  provided, including the number of calls and online contacts
   78  received, the number of employee training programs administered
   79  for each facility, and the number and type of advertising
   80  methods used to publicize the program.
   81         (4)The commission shall ensure that each pari-mutuel,
   82  cardroom, casino, or other such gambling venue facility
   83  participates in the Compulsive and Addictive Gambling Prevention
   84  Program. Each facility must:
   85         (a)Create and file with the commission a written policy
   86  for verifying that all employees receive the training program
   87  specified in paragraph (3)(e).
   88         (b)Display adequate signage, developed under paragraphs
   89  (3)(c) and (d), in a font size that is visually conspicuous in
   90  all public access areas of the facility.
   91         (c)Promote the same toll-free telephone number used by the
   92  advertising program under paragraph (3)(d) on all print,
   93  billboard, sign, online, or broadcast advertisements of any
   94  wagering activities, including wagering activities offered
   95  online or via mobile or other electronic devices.
   96         (d)Offer a self-exclusion program which allows a person to
   97  voluntarily agree to be barred from the facility, or any
   98  affiliated platforms or properties, and from all types of
   99  gambling offered.
  100         1.The commission shall ensure that the self-exclusion
  101  program is uniform for all gambling operators.
  102         2.The self-exclusion program must include options for:
  103         a.An exclusion period of 2 years.
  104         b.An exclusion period of 5 years.
  105         c.A lifetime exclusion with an option to apply for reentry
  106  after a 2- or 5-year period.
  107         (5)Each year, the commission shall allocate up to 0.3
  108  percent of all funds collected annually in the Pari-mutuel
  109  Wagering Trust Fund to fund the Compulsive and Addictive
  110  Gambling Prevention Program.
  111         (6)The commission may adopt rules to implement this
  112  section.
  113         Section 2. Subsection (7) is added to section 24.120,
  114  Florida Statutes, to read:
  115         24.120 Financial matters; Operating Trust Fund; interagency
  116  cooperation.—
  117         (7)Each fiscal year, the department shall deposit 0.3
  118  percent of gross revenue from the sale of online and instant
  119  lottery tickets into the Pari-mutuel Wagering Trust Fund for the
  120  purpose of participating in the Compulsive and Addictive
  121  Gambling Prevention Program established under s. 16.7121.
  122         Section 3. Section 551.118, Florida Statutes, is repealed.
  123         Section 4. Subsection (3) of section 550.135, Florida
  124  Statutes, is amended to read:
  125         550.135 Division of moneys derived under this law.—All
  126  moneys that are deposited with the Chief Financial Officer to
  127  the credit of the Pari-mutuel Wagering Trust Fund shall be
  128  distributed as follows:
  129         (3) The slot machine license fee and, the slot machine
  130  occupational license fee, and the compulsive or addictive
  131  gambling prevention program fee collected pursuant to ss.
  132  551.106 and, 551.107(2)(a)1., and 551.118 shall be used to fund
  133  the direct and indirect operating expenses of the division’s
  134  slot machine regulation operations and to provide funding for
  135  relevant enforcement activities in accordance with authorized
  136  appropriations. Funds deposited into the Pari-mutuel Wagering
  137  Trust Fund pursuant to ss. 551.106 and, 551.107(2)(a)1., and
  138  551.118 shall be reserved in the trust fund for slot machine
  139  regulation operations. On June 30, any unappropriated funds in
  140  excess of those necessary for incurred obligations and
  141  subsequent year cash flow for slot machine regulation operations
  142  shall be deposited with the Chief Financial Officer to the
  143  credit of the General Revenue Fund.
  144         Section 5. Paragraph (i) of subsection (4) of section
  145  551.104, Florida Statutes, is amended to read:
  146         551.104 License to conduct slot machine gaming.—
  147         (4) As a condition of licensure and to maintain continued
  148  authority for the conduct of slot machine gaming, the slot
  149  machine licensee shall:
  150         (i) Create and file with the division a written policy for:
  151         1. Creating opportunities to purchase from vendors in this
  152  state, including minority vendors.
  153         2. Creating opportunities for employment of residents of
  154  this state, including minority residents.
  155         3. Ensuring opportunities for construction services from
  156  minority contractors.
  157         4. Ensuring that opportunities for employment are offered
  158  on an equal, nondiscriminatory basis.
  159         5. Training for employees on responsible gambling gaming
  160  and working with the a Compulsive and or Addictive Gambling
  161  Prevention Program to further its purposes as provided for in s.
  162  16.7121 s. 551.118.
  163         6. The implementation of a drug-testing program that
  164  includes, but is not limited to, requiring each employee to sign
  165  an agreement that he or she understands that the slot machine
  166  facility is a drug-free workplace.
  168  The slot machine licensee shall use the Internet-based job
  169  listing system of the Department of Economic Opportunity in
  170  advertising employment opportunities. Beginning in June 2007,
  171  Each slot machine licensee shall provide an annual report to the
  172  division containing information indicating compliance with this
  173  paragraph in regard to minority persons.
  174         Section 6. This act shall take effect July 1, 2022.