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.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 16.7121, Florida Statutes, is created to
27 read:
28 16.7121 Compulsive 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.
167
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.