May 27, 2019
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       Florida Senate - 2009          (Corrected Copy)    CS for SB 836
       
       
       
       By the Committee on Regulated Industries; and Senators Jones and
       King
       
       
       
       580-03410A-09                                          2009836c1
    1                        A bill to be entitled                      
    2         An act relating to gaming; providing legislative
    3         findings and intent; authorizing electronic gaming
    4         machines in certain pari-mutuel facilities; defining
    5         terms; providing powers and duties of the Division of
    6         Pari-mutuel Wagering of the Department of Business and
    7         Professional Regulation and the Department of Law
    8         Enforcement; authorizing the Division of Pari-mutuel
    9         Wagering to adopt rules regulating electronic gaming
   10         activities; authorizing the Division of Pari-mutuel
   11         Wagering and the Department of Law Enforcement to
   12         conduct investigations relating to electronic gaming;
   13         authorizing the Division of Pari-mutuel Wagering to
   14         issue licenses for electronic gaming; specifying
   15         qualifications of licensees; requiring licensees to
   16         provide advance notice of certain ownership changes to
   17         the Division of Pari-mutuel Wagering; specifying
   18         requirements for a licensee’s facilities-based
   19         computer system; requiring electronic gaming machines
   20         to maintain a payout percentage of at least 85
   21         percent; requiring licensees to maintain records;
   22         requiring licensees to make and file certain reports
   23         with the Division of Pari-mutuel Wagering; requiring
   24         an applicant for an electronic gaming license to have
   25         certain agreements for live races or games; providing
   26         for arbitration of such agreements; authorizing the
   27         Division of Pari-mutuel Wagering to issue temporary
   28         occupational licenses; providing for the renewal of
   29         electronic gaming machine licenses; specifying a
   30         nonrefundable licensing fee for electronic gaming
   31         licenses; specifying the rate of tax on electronic
   32         gaming machine revenues; providing for penalties for
   33         failure to pay the taxes; requiring electronic gaming
   34         machine licensees and certain persons having access to
   35         gaming areas to submit fingerprints in connection with
   36         certain occupational licenses; specifying grounds for
   37         the Division of Pari-mutuel Wagering to take action
   38         against applicants for and licensees having certain
   39         occupational licenses; authorizing the Division of
   40         Pari-mutuel Wagering to impose fines for violations of
   41         laws relating to electronic gaming; prohibiting
   42         regulators, certain businesses, licensees, and
   43         employees from having certain relationships with each
   44         other; subjecting a person who makes certain false
   45         statements to fines; subjecting a person to fines for
   46         possessing electronic games without a license;
   47         imposing criminal penalties for attempting to
   48         manipulate electronic gaming machines or theft
   49         relating to electronic gaming; authorizing warrantless
   50         arrests by law enforcement officers under certain
   51         circumstances; providing immunity to law enforcement
   52         officers who make such arrests; imposing criminal
   53         penalties for resisting arrest or detention;
   54         prohibiting electronic gaming machines from entering
   55         this state; authorizing the Division of Pari-mutuel
   56         Wagering to exclude certain individuals from the
   57         facility of an electronic gaming machine licensee;
   58         prohibiting persons who are younger than 18 years of
   59         age from playing an electronic gaming machine;
   60         specifying a limit on the number of electronic gaming
   61         machines in a facility; requiring an electronic gaming
   62         machine licensee to provide office space to the
   63         Division of Pari-mutuel Wagering and to the Department
   64         of Law Enforcement free of charge; limiting the hours
   65         that an electronic gaming machine facility may
   66         operate; authorizing the Division of Pari-mutuel
   67         Wagering to revoke or suspend licenses or impose fines
   68         for willful violations of laws or rules regulating
   69         electronic gaming; requiring electronic gaming machine
   70         licensees to train employees about gambling
   71         addictions; imposing a regulatory fee for a gambling
   72         addiction program; entitling electronic gaming machine
   73         licensees to a caterer’s license; restricting the
   74         provision of alcoholic beverages, automated teller
   75         machines, and check cashing activities in gaming
   76         machine areas; authorizing the Division of Pari-mutuel
   77         Wagering to adopt rules; preempting to the state the
   78         authority to regulate electronic gaming facilities;
   79         excepting bingo games operated by charitable or
   80         nonprofit organizations from the provisions of the
   81         act; amending s. 215.22, F.S.; exempting taxes imposed
   82         on electronic gaming and electronic gaming machine
   83         revenue from specified service charges; authorizing
   84         the Division of Pari-mutuel Wagering to spend certain
   85         trust funds; requiring repayment of such funds;
   86         amending s. 550.002, F.S.; revising a definitions;
   87         amending s. 550.01215, F.S.; deleting an exception
   88         relating to licensing of thoroughbred racing; amending
   89         s. 550.0951, F.S.; specifying the tax on historical
   90         racing, the take-out of a pari-mutuel pool, an a
   91         payment to a purse account; providing for payments to
   92         certain horse racing associations; specifying the fee
   93         for a permitholder to conduct historical racing;
   94         revising the date on which tax payments are due;
   95         amending s. 550.09511, F.S.; revising the schedule for
   96         the payment of jai alai taxes; amending s. 550.09514,
   97         F.S.; revising the schedule for the payment of
   98         greyhound dog racing taxes; amending s. 550.105, F.S.;
   99         providing for a 3-year occupational license for
  100         certain pari-mutuel employees; specifying maximum
  101         license fees; providing procedures for criminal
  102         history record checks; amending s. 550.135, F.S.;
  103         providing for the reservation of electronic gaming
  104         machine fees in a trust fund; amending s. 550.2415,
  105         F.S.; providing that cruelty to any animal is a
  106         violation of ch. 550, F.S.; authorizing the Division
  107         of Pari-mutuel Wagering to inspect areas are located;
  108         amending s. 550.26165, F.S.; providing legislative
  109         intent to attract thoroughbred training and breeding
  110         to this state; authorizing the Florida Thoroughbred
  111         Breeders’ Association to pay certain awards as part of
  112         its pay plan; amending s. 550.2625, F.S.; limiting the
  113         application of requirements for minimum purses and
  114         awards to this state; amending s. 550.334, F.S.;
  115         deleting a provision for issuing a permit to conduct
  116         quarter horse race meetings; deleting a provision for
  117         issuing a license to conduct quarter horse racing;
  118         deleting provisions to revoke such permit or license
  119         for certain violations or failure to conduct live
  120         racing; removing an exception to specified permit
  121         application provisions; amending s. 550.3355, F.S.;
  122         revising the time period for a harness track summer
  123         season; repealing s. 550.3605, F.S., relating to the
  124         use of electronic transmitting equipment on the
  125         premises of a horse or dog racetrack or jai alai
  126         fronton; amending s. 550.5251, F.S.; deleting
  127         provisions relating to racing days and dates for
  128         thoroughbred permitholders that conducted races
  129         between certain dates; revising provisions relating to
  130         thoroughbred racing dates and minimum number of races;
  131         creating s. 550.810, F.S.; specifying requirements for
  132         historical racing systems; limiting the number of
  133         historical terminals in certain pari-mutuel
  134         facilities; authorizing the Division of Pari-mutuel
  135         wagering to adopt rules regulating historical racing;
  136         providing for the disposition of pari-mutuel tickets
  137         that are not redeemed within a certain period of time;
  138         amending s. 551.102, F.S.; clarifying the definition
  139         of the term “progressive system”; amending s. 551.104,
  140         F.S.; providing that the payout percentage of a slot
  141         machine facility must be at least 85 percent;
  142         specifying the licensing fee for slot machine gaming;
  143         specifying the rate of tax on slot machine revenues;
  144         revising the due date for slot machine taxes; amending
  145         s. 551.113, F.S.; prohibiting a person who is younger
  146         than 18 years of age from playing a slot machine;
  147         amending s. 551.121, F.S.; authorizing a progressive
  148         system to be used in conjunction with slot machines
  149         between licensed facilities; amending s. 772.102,
  150         F.S.; revising the definition of “criminal activity”;
  151         conforming cross-references; amending s. 849.161,
  152         F.S.; providing that ch. 849, F.S., does not apply to
  153         certain mechanical historical racing systems; amending
  154         s. 849.086, F.S.; requiring an applicant for a
  155         cardroom licensed to have run a full schedule of live
  156         races; specifying maximum license fees for
  157         occupational licenses for cardroom employees and
  158         cardroom businesses; limiting the hours of cardroom
  159         operations; revising the maximum bet and entry fee for
  160         tournaments; expanding the authorization for cardroom
  161         activities contingent upon a compact with the Seminole
  162         Tribe of Florida; amending s. 849.15, F.S.;
  163         authorizing the possession of certain gambling
  164         devices; amending s. 895.02, F.S.; revising the
  165         definitions of “racketeering activity” and “unlawful
  166         debt”; conforming cross-references; providing an
  167         appropriation and the creation of full-time equivalent
  168         positions; providing contingent effective dates.
  169  
  170  Be It Enacted by the Legislature of the State of Florida:
  171  
  172         Section 1. The Legislature finds that the pari-mutuel
  173  industry has played an important part in the development of this
  174  state and that it is a vital part of the state’s economy. The
  175  Legislature also recognizes that many individuals and small
  176  businesses provide services to the pari-mutuel industry and rely
  177  upon the continued vigor of the industry to survive. The pari
  178  mutuel industry and these individuals and small business employ
  179  many Floridians, pay a variety of taxes to support state and
  180  local governmental activities, and contribute to the economy of
  181  this state. Given the important role played by the industry, and
  182  the individuals and small businesses associated with it, as well
  183  as the current state of the economy in the United States in
  184  general and in Florida in particular, the Legislature finds that
  185  in order to preserve the industry, to ensure continued
  186  employment for many Floridians, and to preserve and improve the
  187  state’s revenues, measures must be taken to eliminate
  188  unnecessary regulations, encourage business and regulatory
  189  efficiency, reduce unnecessary tax burdens, and increase
  190  revenues to the state.
  191         Section 2. Electronic gaming machines authorized.—An
  192  electronic gaming machine licensee may possess electronic gaming
  193  machines and operate electronic gaming machines at an eligible
  194  facility, as defined by section 3. of this act, where the
  195  licensee is authorized to conduct pari-mutuel wagering
  196  activities under to chapter 550, Florida Statutes.
  197  Notwithstanding any other provision of law, it is not a crime
  198  for a person to participate in electronic gaming at a facility
  199  licensed to possess electronic gaming machines or to operate
  200  electronic gaming machines.
  201         Section 3. As used in this act, the term:
  202         (1)“Bingo” or “game of bingo” means the game of chance
  203  commonly known as “bingo,” which may include the use of
  204  electronic, computer, or other technological aids. Such aids may
  205  include entertainment displays, including spinning reels, video
  206  displays, associated bonus displays, and video poker. The game
  207  of bingo requires at least two live players competing for a
  208  common prize. The prizes result from a random draw or electronic
  209  determination and release or announcement of numbers or other
  210  designations necessary to form the predesignated game-winning
  211  pattern on an electronic bingo card. A game of bingo ends when a
  212  player receives a predesignated game-winning pattern and
  213  consolation prizes, if any, are awarded. The game of bingo does
  214  not include house-banked games or electronic or
  215  electromechanical facsimiles of any other game of chance or slot
  216  machine of any kind.
  217         (2)“Bonus prize” means a prize awarded in a bingo game in
  218  addition to the game-winning prize. The term includes prizes
  219  based on predesignated and preannounced patterns that differ
  220  from the game-winning pattern, a winning pattern in a specified
  221  quantity of numbers or designations drawn or electronically
  222  determined and released, or any combination of these patterns.
  223  The term includes a prize awarded as an interim prize while
  224  players are competing for the game-winning prize or as a
  225  consolation prize after a player has won the game-winning prize.
  226         (3)“Designated electronic gaming machine area” means any
  227  area of a facility of an electronic gaming machine licensee in
  228  which electronic gaming may be conducted.
  229         (4)“Distributor” means any person who sells, leases,
  230  offers, or otherwise provides, distributes, or services any
  231  electronic gaming machine or associated equipment, software, or
  232  other functions required for use or play of electronic gaming
  233  machines in this state. The term may include a manufacturer.
  234         (5)“Division” means the Division of Pari-mutuel Wagering
  235  of the Department of Business and Professional Regulation.
  236         (6)“Electronic game” means an electronically simulated
  237  bingo game that:
  238         (a)Is played on an electronic gaming machine that, upon
  239  insertion of a ticket, or an electronic or account-based card,
  240  is available to play or simulate a game of bingo played on a
  241  network of electronic gaming machines;
  242         (b)Is not house-banked;
  243         (c)May award bonus prizes and progressive prizes; and
  244         (d)May make provide payoffs to players in the form of
  245  tickets or electronic or account-based credits that may be
  246  exchanged for cash, merchandise, or other items of value.
  247         (7)“Electronic gaming machine” means a player station,
  248  machine, or device, including associated equipment that is
  249  required to operate the player station, machine, or device, upon
  250  which an electronic game is played or operated. An electronic
  251  gaming machine:
  252         (a)May include spinning reels, video displays, video
  253  poker, or other similar technologies to convey outcomes to a
  254  player of simulated bingo as approved by the division.
  255         (b)Must display one or more bingo cards used in the game
  256  before numbers or other designations for the game are randomly
  257  drawn.
  258         (c)Must display any card in use by a player during game
  259  play.
  260         (d)Must be directly linked to a central computer for
  261  purposes of security, monitoring, and auditing. The central
  262  computer may not limit a facility’s ability to deploy its
  263  electronic player tracking or electronic gaming accounting
  264  system. However, such systems must use a widely accepted open
  265  communications protocol to ensure interoperability among all
  266  manufacturers and to provide a player with the ability to
  267  seamlessly alternate play between the electronic gaming machines
  268  and electronic gaming machines of different licensed
  269  manufacturers.
  270         (e)Is not a coin-operated amusement machine as defined in
  271  s. 212.02, Florida Statutes, or an amusement game or machine as
  272  described in s. 849.161, Florida Statutes. Electronic gaming
  273  machines are not subject to the tax imposed by s. 212.05(1)(h),
  274  Florida Statutes.
  275         (8)“Electronic gaming machine facility” means an eligible
  276  facility at which electronic gaming machines are lawfully
  277  offered for play.
  278         (9)“Electronic gaming machine license” means a license
  279  issued by the division authorizing a licensee under chapter 550,
  280  Florida Statutes, to place and operate electronic gaming
  281  machines in an eligible facility.
  282         (10)“Electronic gaming machine revenues” means all cash
  283  and property, except nonredeemable credits, received by the
  284  electronic gaming machine licensee from the operation of
  285  electronic gaming machines, less the amount of cash, cash
  286  equivalents, credits, and prizes paid to winners of electronic
  287  games.
  288         (11)Eligible facility” means a facility at which a
  289  licensee under chapter 550, Florida Statutes, has run a full
  290  schedule of live racing, as defined in s. 550.002(11), Florida
  291  Statutes, for 3 consecutive fiscal years before the date of
  292  application for an electronic gaming license, and which is also
  293  a cardroom license holder, but not a slot machine facility
  294  licensed under chapter 551, Florida Statutes.
  295         (12)“Game-winning pattern” means a predetermined pattern
  296  on an electronic bingo card. Each game must have one game
  297  winning pattern or arrangement that must be common to all
  298  players and may be won by multiple players simultaneously. A
  299  game-winning prize must be awarded in every game. The pattern
  300  designated as the game-winning pattern need not pay the highest
  301  prize available in the game. Other patterns may be designated
  302  for the award of bonus prizes in addition to the prize to
  303  awarded based on the game-winning pattern.
  304         (13)“Manufacturer” means any person who manufactures,
  305  builds, rebuilds, fabricates, assembles, produces, programs,
  306  designs, or modifies any electronic gaming machine or associated
  307  equipment for use or play in this state for gaming purposes.
  308         (14)“Nonredeemable credits” means electronic gaming
  309  machine operating credits that may not be redeemed for cash or
  310  any other thing of value by an electronic gaming machine, kiosk,
  311  or the electronic gaming machine licensee and that are provided
  312  for free to patrons. The credits become nonredeemable credits
  313  when they are metered as credit into an electronic gaming
  314  machine and recorded in the facility-based monitoring system.
  315         (15)“Progressive prize” means an established prize for a
  316  bingo game that is:
  317         (a)Funded by a percentage of each player’s purchase or
  318  wager within one or more licensed facilities for a specific
  319  progressive bingo game;
  320         (b)Awarded to a player who obtains a specific
  321  predesignated and preannounced pattern having a specified
  322  quantity of numbers or designations randomly drawn and released
  323  or electronically determined or randomly drawn and released or
  324  electronically determined in a specified sequence; and
  325         (c)Rolled over to each subsequent specific progressive
  326  bingo game until it is won.
  327         Section 4. Powers and duties of the Division of Pari-Mutuel
  328  Wagering and the Department of Law Enforcement.—
  329         (1)The division shall adopt rules necessary to implement,
  330  administer, and regulate the operation of electronic gaming
  331  machines in this state. The rules shall include:
  332         (a)Procedures for applying for and renewing electronic
  333  gaming machine licenses.
  334         (b)Technical requirements and qualifications to receive an
  335  electronic gaming machine license or electronic gaming machine
  336  occupational license.
  337         (c)Procedures to ensure that an electronic game or
  338  electronic gaming machine does not enter the state or is not
  339  offered for play until it has been tested and certified by a
  340  licensed testing laboratory for play in the state.
  341         (d)Procedures to test, certify, control, and approve
  342  electronic games and electronic gaming machines. The procedures
  343  shall address measures to scientifically test and technically
  344  evaluate electronic gaming machines for compliance with the
  345  applicable laws and rules. The division may contract with an
  346  independent testing laboratory to conduct any necessary testing.
  347  The independent testing laboratory must have a national
  348  reputation indicating that it is demonstrably competent and
  349  qualified to scientifically test and evaluate electronic games
  350  and electronic gaming machines and to perform the functions
  351  required by this act. An independent testing laboratory may not
  352  be owned or controlled by a licensee. The selection of an
  353  independent testing laboratory for any purpose related to the
  354  conduct of electronic gaming machines by a licensee shall be
  355  made from a list of laboratories approved by the division.
  356         (e)Procedures relating to electronic gaming machine
  357  revenues, including verifying and accounting for such revenues,
  358  auditing, and collecting taxes and fees.
  359         (f)1.Procedures to regulate, manage, and audit the
  360  operation, financial data, and program information relating to
  361  electronic gaming machines which enable the division and the
  362  Department of Law Enforcement to audit the operation, financial
  363  data, and program information of an electronic gaming machine
  364  licensee required by the division or the Department of Law
  365  Enforcement.
  366         2.Procedures to allow the division and the Department of
  367  Law Enforcement to:
  368         a.Monitor, at any time on a real-time basis, wagering
  369  patterns, payouts, tax collection, and compliance with division
  370  rules;
  371         b.Suspend play immediately on particular electronic gaming
  372  machines if the facilities-based computer system indicates
  373  possible tampering with or manipulation of the electronic gaming
  374  machines; and
  375         c.Immediately suspend play of the entire operation if the
  376  facilities-based computer system may have been tampered with or
  377  manipulated. The division shall notify the Department of Law
  378  Enforcement or the Department of Law Enforcement shall notify
  379  the division, as appropriate, when there is a suspension of play
  380  under this subparagraph. The division and the Department of Law
  381  Enforcement shall exchange information that is necessary for and
  382  cooperate in the investigation of the circumstances resulting in
  383  suspension of play.
  384         (g)Procedures to require each licensee operating
  385  electronic gaming machines, at the licensee’s expense, to supply
  386  the division with a bond having the penal sum of $2 million
  387  payable to the Chief Financial Officer. Any bond shall be issued
  388  by a surety approved by the division and the Chief Financial
  389  Officer, conditioned to pay the Chief Financial Officer as
  390  treasurer of the division. The licensee must keep its books and
  391  records and make reports as provided in this act and conduct
  392  electronic gaming machine operations in conformity with this act
  393  and other provisions of law. Such bond shall be separate from
  394  the bond required in s. 550.125, Florida Statutes.
  395         (h)Procedures to require licensees to maintain specified
  396  records and submit any data, information, records, or reports,
  397  including financial and income records, required by this act or
  398  rules of the division.
  399         (i)A requirement that the payout percentage of an
  400  electronic gaming machine facility be at least 85 percent. The
  401  theoretical payout percentage shall be determined using standard
  402  methods of probability theory.
  403         (j)Minimum standards of security for the facilities,
  404  including floor plans, security cameras, and other security
  405  equipment.
  406         (k)Procedures to require electronic gaming machine
  407  licensees to implement and establish drug-testing programs for
  408  all electronic gaming machine occupational licensees.
  409         (2)The division shall conduct investigations necessary to
  410  fulfill its responsibilities to regulate electronic gaming
  411  machine facilities.
  412         (3)The Department of Law Enforcement and local law
  413  enforcement agencies have concurrent jurisdiction to investigate
  414  criminal violations of laws regulating electronic gaming
  415  facilities and may investigate any other criminal violation of
  416  law occurring at a facility. Such investigations may be
  417  conducted in conjunction with the appropriate state attorney.
  418         (4)(a)The division, the Department of Law Enforcement, and
  419  local law enforcement agencies have unrestricted access to an
  420  electronic gaming machine licensee’s facility at all times and
  421  shall require each electronic gaming machine licensee to
  422  strictly comply with the laws of this state relating to the
  423  transaction of such business. The division, the Department of
  424  Law Enforcement, and local law enforcement agencies may:
  425         1.Inspect and examine premises where electronic gaming
  426  machines are offered for play.
  427         2.Inspect electronic gaming machines and related equipment
  428  and supplies.
  429         (b)In addition, the division may:
  430         1.Collect taxes, assessments, fees, and penalties.
  431         2.Deny, revoke, suspend, or place conditions on the
  432  license of a person who violates this act or rules adopted
  433  pursuant thereto.
  434         (5)The division shall revoke or suspend the license of any
  435  person who is no longer qualified or who is found to have been
  436  unqualified at the time of application for the license.
  437         (6)This section does not:
  438         (a)Prohibit the Department of Law Enforcement or any law
  439  enforcement authority whose jurisdiction includes a licensed
  440  facility from conducting investigations of criminal activities
  441  occurring at the facility;
  442         (b)Restrict access to an electronic gaming machine
  443  licensee’s facility by the Department of Law Enforcement or any
  444  local law enforcement authority whose jurisdiction includes the
  445  electronic gaming machine licensee’s facility; or
  446         (c)Restrict access by the Department of Law Enforcement or
  447  local law enforcement authorities to information and records
  448  necessary to the investigation of criminal activity which are
  449  contained within the electronic gaming machine licensee’s
  450  facility.
  451         Section 5. License to conduct electronic gaming.—
  452         (1)Upon application and a finding by the division after
  453  investigation that the application is complete and the applicant
  454  is qualified and payment of the initial license fee, the
  455  division may issue a license to conduct electronic gaming in any
  456  designated electronic gaming machine area of an eligible
  457  facility.
  458         (2)An electronic gaming machine license may be issued only
  459  to a person or entity licensed to conduct pari-mutuel wagering
  460  under chapter 550, Florida Statutes, and electronic gaming may
  461  be operated only at the eligible facility at which the licensee
  462  is authorized to conduct pari-mutuel wagering activities.
  463         (3)As a condition of licensure and to maintain continued
  464  authority to conduct electronic gaming, an electronic gaming
  465  machine licensee shall:
  466         (a)Comply with this act.
  467         (b)Comply with chapter 550, Florida Statutes, and maintain
  468  the pari-mutuel permit and license in good standing pursuant to
  469  chapter 550, Florida Statutes. Notwithstanding any contrary
  470  provision of law, a pari-mutuel permitholder may, within 60 days
  471  after the effective date of this act, amend its pari-mutuel
  472  wagering operating license. The division shall issue a new
  473  license to the permitholder to effectuate any approved change.
  474         (c)Conduct at least a full schedule of live racing or
  475  games as defined in s. 550.002(11), Florida Statutes, including
  476  races or games under s. 550.475, Florida Statutes, or be
  477  authorized to conduct limited intertrack wagering under s.
  478  550.6308, Florida Statutes, at the eligible facility. A
  479  licensee’s responsibility to conduct such number of live races
  480  or games shall be reduced by the number of races or games that
  481  could not be conducted due to the direct result of fire, war,
  482  hurricane, or other disaster or event beyond the control of the
  483  licensee.
  484         (d)Provide appropriate current and accurate documentation,
  485  on a timely basis, to the division relating to changes in
  486  ownership or interest in an electronic gaming machine license.
  487  Changes in ownership or interest in an electronic gaming machine
  488  license of 5 percent or more of the stock or other evidence of
  489  ownership or equity in the electronic gaming machine license or
  490  of any parent corporation or other business entity that owns or
  491  controls the electronic gaming machine license must be approved
  492  by the division prior to such change, unless the owner is an
  493  existing holder of the license who was previously approved by
  494  the division. Any changes in ownership or interest in an
  495  electronic gaming machine license of less than 5 percent, unless
  496  such change results in a cumulative total of 5 percent or more,
  497  shall be reported to the division within 20 days after the
  498  change. The division may conduct an investigation to ensure that
  499  the license is properly updated to show the change in ownership
  500  or interest. Reporting is not required if the person is holding
  501  5 percent or less equity or securities of a corporate owner of
  502  the electronic gaming machine licensee that has its securities
  503  registered pursuant to s. 12 of the Securities Exchange Act of
  504  1934, 15 U.S.C. ss. 78a-78kk, and if such corporation or entity
  505  files with the United States Securities and Exchange Commission
  506  the reports required by s. 13 of that act, or if the securities
  507  of the corporation or entity are regularly traded on an
  508  established securities market in the United States. A change in
  509  ownership or interest of less than 5 percent which results in a
  510  cumulative ownership or interest of 5 percent or more must be
  511  approved by the division prior to such change unless the owner
  512  is an existing holder of the license who was previously approved
  513  by the division.
  514         (e)Provide the division and the Department of Law
  515  Enforcement unrestricted access to inspect the facilities of an
  516  electronic gaming machine licensee in which any activity
  517  relative to the operation of electronic gaming machines is
  518  conducted.
  519         (f)Ensure that the facilities-based computer system or
  520  operational and accounting functions of the electronic gaming
  521  machine facility is specifically structured to facilitate
  522  regulatory oversight. The facilities-based computer system shall
  523  give the division and the Department of Law Enforcement the
  524  ability to monitor, at any time on a real-time basis, the
  525  wagering patterns, payouts, tax collection, and such other
  526  operations as are necessary to determine whether the facility is
  527  in compliance with statutory provisions and rules adopted by the
  528  division for the regulation and control of electronic gaming
  529  machines. The division and the Department of Law Enforcement
  530  shall have continuous access to this system. The division and
  531  the department shall have the ability to suspend play
  532  immediately on particular electronic gaming machines if the
  533  system indicates possible tampering with or manipulation of
  534  those electronic gaming machines or the ability to immediately
  535  suspend play of the entire operation if the system indicates
  536  that the system has been tampered with or manipulated. The
  537  computer system shall be reviewed and approved by the division
  538  to ensure necessary access, security, and functionality. The
  539  division may adopt rules to provide for the approval process.
  540         (g)Ensure that each electronic gaming machine and
  541  electronic game is protected from manipulation or tampering
  542  affecting the random probabilities of winning plays. The
  543  division or the Department of Law Enforcement may suspend play
  544  upon reasonable suspicion of any manipulation or tampering. If
  545  play has been suspended on any electronic gaming machine, the
  546  division or the Department of Law Enforcement may examine the
  547  machine to determine whether the machine has been tampered with
  548  or manipulated and whether the machine should be returned to
  549  operation.
  550         (h)Submit a security plan, including the facilities’ floor
  551  plans, the locations of security cameras, and a listing of all
  552  security equipment that is capable of observing and
  553  electronically recording activities being conducted in the
  554  facilities of the electronic gaming machine licensee. The
  555  security plan must meet the minimum security requirements as
  556  determined by the division by rule, and be implemented before
  557  operation of electronic gaming machine games. The electronic
  558  gaming machine licensee’s facilities must adhere to the security
  559  plan at all times. Any changes to the security plan must be
  560  submitted by the licensee to the division before they are
  561  implemented. The division shall furnish copies of the security
  562  plan and changes in the plan to the Department of Law
  563  Enforcement.
  564         (i)Create and file with the division a written policy for:
  565         1.Creating opportunities to purchase from vendors in this
  566  state, including minority vendors.
  567         2.Creating opportunities for employment of residents of
  568  this state, including minority residents.
  569         3.Ensuring opportunities for construction services from
  570  minority contractors.
  571         4.Ensuring that opportunities for employment are offered
  572  on an equal, nondiscriminatory basis.
  573         5.Providing training for employees on responsible gaming
  574  and working with a compulsive or addictive gambling prevention
  575  program to further its purposes as provided for in this act.
  576         6.The implementation of a drug-testing program that
  577  includes, but is not limited to, requiring each employee to sign
  578  an agreement that he or she understands that the electronic
  579  gaming machine facility is a drug-free workplace.
  580  
  581  The electronic gaming machine licensee shall use the Internet
  582  based job-listing system of the Agency for Workforce Innovation
  583  in advertising employment opportunities. Beginning in June 2010,
  584  each electronic gaming machine licensee shall submit an annual
  585  report to the division containing information indicating
  586  compliance with this paragraph in regard to minority persons.
  587         (j)Maintain a payout percentage of at least 85 percent per
  588  electronic gaming machine facility. The theoretical payout
  589  percentage shall be determined using standard methods of
  590  probability theory.
  591         (4)An electronic gaming machine license is not
  592  transferable.
  593         (5)An electronic gaming machine licensee shall keep and
  594  maintain daily records of its electronic gaming machine
  595  operations and shall maintain such records for at least 5 years.
  596  These records must include all financial transactions and
  597  contain sufficient detail to determine compliance with laws and
  598  rules regulating electronic gaming. All records shall be
  599  available for audit and inspection by the division, the
  600  Department of Law Enforcement, or other law enforcement agencies
  601  during the licensee’s regular business hours.
  602         (6)An electronic gaming machine licensee shall file with
  603  the division a monthly report containing the required records of
  604  such electronic gaming machine operations. The required reports
  605  shall be submitted on forms prescribed by the division and shall
  606  be due at the same time as the monthly pari-mutuel reports are
  607  due. Such reports are public records once filed.
  608         (7)An electronic gaming machine licensee shall file with
  609  the division an audit of the receipt and distribution of all
  610  electronic gaming machine revenues. The audit must be performed
  611  by an independent certified public accountant who shall verify
  612  whether the licensee has complied with the financial and
  613  auditing laws and rules applicable to the licensee. The audit
  614  must include verification of compliance with all statutes and
  615  rules regarding all required records of electronic gaming
  616  machine operations. Such audit shall be filed within 120 days
  617  after completion of the permitholder’s fiscal year.
  618         (8)The division may share any information with the
  619  Department of Law Enforcement, any other law enforcement agency
  620  having jurisdiction over electronic gaming machines or pari
  621  mutuel activities, or any other state or federal law enforcement
  622  agency or division that the Department of Law Enforcement deems
  623  appropriate. Any law enforcement agency having jurisdiction over
  624  electronic gaming machines or pari-mutuel activities may share
  625  with the division information obtained or developed by it.
  626         (9)(a)An electronic gaming machine license or renewal may
  627  not be issued to an applicant licensed under chapter 550,
  628  Florida Statutes, to conduct live pari-mutuel wagering races or
  629  games unless the applicant has on file with the division the
  630  following binding written agreements governing the payment of
  631  awards and purses on live races or games conducted at the
  632  licensee’s pari-mutuel facility:
  633         1.For a thoroughbred licensee, an agreement governing the
  634  payment of purses between the applicant and the Florida
  635  Horsemen’s Benevolent and Protective Association, Inc., or the
  636  association representing a majority of the thoroughbred owners
  637  and trainers at the applicant’s eligible facility located as
  638  described in s. 550.615(9), Florida Statutes, and an agreement
  639  governing the payment of awards between the applicant and the
  640  Florida Thoroughbred Breeders’ Association;
  641         2.For a harness licensee, an agreement governing the
  642  payment of purses and awards between the applicant and the
  643  Florida Standardbred Breeders and Owners Association;
  644         3.For a greyhound licensee, an agreement governing the
  645  payment of purses between the applicant and the Florida
  646  Greyhound Association, Inc.;
  647         4.For a quarter horse licensee, an agreement governing the
  648  payment of purses between the applicant and the Florida Quarter
  649  Horse Racing Association and an agreement governing the payment
  650  of awards between the applicant and the Florida Quarter Horse
  651  Breeders and Owners Association; or
  652         5.For a jai alai licensee, an agreement governing the
  653  payment of player awards between the applicant and the
  654  International Jai Alai Players Association or a binding written
  655  agreement approved by a majority of the jai alai players at the
  656  applicant’s eligible facility at which the applicant has a
  657  permit issued after January 1, 2000, to conduct jai alai.
  658         (b)The agreements may direct the payment of purses and
  659  awards from revenues generated by any wagering or games that the
  660  applicant is authorized to conduct under state law. All purses
  661  and awards are subject to the terms of chapter 550, Florida
  662  Statutes. All sums for breeders’, stallion, and special racing
  663  awards shall be remitted monthly to the respective breeders
  664  association for the payment of awards, subject to the
  665  administrative fees authorized under chapter 550, Florida
  666  Statutes.
  667         (c)An electronic gaming machine license or renewal thereof
  668  may not be issued to an applicant licensed to conduct intertrack
  669  wagering under s. 550.6308, Florida Statutes, unless the
  670  applicant has on file with the division a binding written
  671  agreement between the applicant and the Florida Thoroughbred
  672  Breeders’ Association, Inc., dedicating to the payment of
  673  breeders’, stallion, and special racing awards on live
  674  thoroughbred races conducted in this state at least the same
  675  percentage of electronic gaming machine revenues as the highest
  676  percentage of electronic gaming machine revenues dedicated to
  677  purses and awards in a current agreement under this subsection
  678  by an applicant licensed under chapter 550, Florida Statutes, to
  679  conduct live thoroughbred races. At least half of such funds
  680  must be distributed as special racing awards.
  681         (d)The division shall suspend an electronic gaming machine
  682  license if any agreement required under paragraph (a) is
  683  terminated or otherwise ceases to operate or if the division
  684  determines that the licensee is materially failing to comply
  685  with the terms of such agreement. Any suspension shall take
  686  place in accordance with chapter 120, Florida Statutes.
  687         (e)1.If an agreement required under paragraph (a) cannot
  688  be reached prior to the initial issuance of the electronic
  689  gaming machine license, either party may request arbitration. In
  690  the case of a renewal, if an agreement is not in place 120 days
  691  before the scheduled expiration date of the electronic gaming
  692  machine license, the applicant shall immediately ask the
  693  American Arbitration Association to furnish a list of 11
  694  arbitrators, each of whom shall have at least 5 years of
  695  commercial arbitration experience and no financial interest in
  696  or prior relationship with any party or with an affiliated or
  697  related entity or principal. Each required party to the
  698  agreement shall select a single arbitrator from the list within
  699  10 days after receipt, and the persons selected shall choose one
  700  additional arbitrator from the list within 10 days.
  701         2.If an agreement required under paragraph (a) is not in
  702  place 60 days after the request under subparagraph 1., in the
  703  case of an initial electronic gaming machine license or, in the
  704  case of a renewal, 60 days prior to the scheduled expiration
  705  date of the license, the matter shall be immediately submitted
  706  to mandatory binding arbitration. The three arbitrators selected
  707  pursuant to subparagraph 1. shall conduct the arbitration
  708  pursuant to the American Arbitration Association Commercial
  709  Arbitration Rules and chapter 682, Florida Statutes.
  710         3.At the conclusion of the proceedings, which may be no
  711  later than 90 days after the request under subparagraph 1. in
  712  the case of an initial electronic gaming machine license or, in
  713  the case of a renewal, 30 days prior to the scheduled expiration
  714  date of the electronic gaming machine license, the arbitration
  715  panel shall present to the parties a proposed agreement that the
  716  majority of the panel believes equitably balances the rights,
  717  interests, obligations, and reasonable expectations of the
  718  parties. The parties shall immediately enter into such
  719  agreement, which shall satisfy the requirements of paragraph (a)
  720  and permit issuance of the pending annual electronic gaming
  721  machine license or renewal. The agreement shall be effective
  722  until the last day of the license or renewal period or until the
  723  parties enter into a different agreement. Each party shall pay
  724  its respective costs of arbitration and shall pay one-half of
  725  the costs of the arbitration panel, unless the parties otherwise
  726  agree. If the agreement remains in place 120 days prior to the
  727  scheduled issuance of the next annual license renewal, the
  728  arbitration process established in this paragraph shall begin
  729  again.
  730         4.If neither agreement required under paragraph (a) is in
  731  place by the deadlines established in this paragraph,
  732  arbitration regarding each agreement shall proceed
  733  independently, with separate lists of arbitrators, arbitration
  734  panels, arbitration proceedings, and resulting agreements.
  735         5.With respect to the agreement required under paragraph
  736  (a) governing the payment of purses, the arbitration and
  737  resulting agreement is limited to the payment of purses from
  738  electronic gaming machine revenues only.
  739         (f)If any provision of this subsection or its application
  740  to any person or circumstance is held invalid, the invalidity
  741  does not affect other provisions or applications of this
  742  subsection or act which can be given effect without the invalid
  743  provision or application, and to this end the provisions of this
  744  subsection are severable.
  745         Section 6. Temporary licenses.—
  746         (1)Notwithstanding any provision of s. 120.60, Florida
  747  Statutes, to the contrary, the division may issue a temporary
  748  occupational license upon receipt of a complete application and
  749  a determination that the applicant has not been convicted of or
  750  had adjudication withheld on any disqualifying criminal offense.
  751  The temporary occupational license remains valid until the
  752  division grants an occupational license or notifies the
  753  applicant of its intended decision to deny the license pursuant
  754  to the provisions of s. 120.60, Florida Statutes. The division
  755  shall adopt rules to administer this section. However, not more
  756  than one temporary license may be issued for any person in any
  757  year.
  758         (2)A temporary license issued under this section is not
  759  transferable.
  760         Section 7. Electronic gaming machine license renewal.—
  761         (1)An electronic gaming machine license is effective for 1
  762  year after issuance and may be renewed annually. The application
  763  for renewal must contain all revisions to the information
  764  submitted in the prior year’s application which are necessary to
  765  maintain such information as accurate and current.
  766         (2)The applicant for renewal must attest that any
  767  information changes do not affect such applicant’s
  768  qualifications for license renewal.
  769         (3)Upon determination by the division that the application
  770  for renewal is complete and qualifications have been met,
  771  including payment of the renewal fee, the license shall be
  772  renewed.
  773         Section 8. License fee; tax rate; penalties.—
  774         (1)LICENSE FEE.—
  775         (a)Upon submission of the initial application for an
  776  electronic gaming machine license or upon submission of an
  777  application to renew a license, the licensee must pay to the
  778  division a nonrefundable license fee of $1 million for the
  779  succeeding 12 months of licensure. The fee shall be deposited
  780  into the Pari-mutuel Wagering Trust Fund of the Department of
  781  Business and Professional Regulation to be used by the division
  782  and the Department of Law Enforcement for investigations,
  783  regulation of electronic gaming, and enforcement of electronic
  784  gaming provisions. These payments shall be accounted for
  785  separately from taxes or fees paid pursuant to the provisions of
  786  chapter 550 or chapter 551, Florida Statutes.
  787         (b)The division shall evaluate the license fee and submit
  788  recommendations in its legislative budget request identifying
  789  the optimum level of electronic gaming machine license fees
  790  required to adequately support the electronic gaming machine
  791  regulatory program.
  792         (c)Notwithstanding s. 550.135(2), Florida Statutes, all
  793  fees and fines collected pursuant to this chapter shall remain
  794  in the Pari-Mutuel Wagering Trust Fund for use by the division
  795  for regulation of electronic gaming machines and electronic
  796  games.
  797         (2)TAX ON ELECTRONIC GAMING MACHINE REVENUES.
  798         (a)The tax rate on electronic gaming machine revenues at
  799  each facility shall be 35 percent.
  800         (b)The electronic gaming machine revenue tax imposed by
  801  this section shall be paid to the division for deposit into the
  802  Pari-mutuel Wagering Trust Fund for immediate transfer by the
  803  Chief Financial Officer for deposit into the Educational
  804  Enhancement Trust Fund of the Department of Education. Any
  805  interest earnings on the tax revenues shall also be transferred
  806  to the Educational Enhancement Trust Fund.
  807         (c)1.Funds transferred to the Educational Enhancement
  808  Trust Fund shall be used to supplement public education funding
  809  statewide.
  810         2.If necessary to comply with any covenant established
  811  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
  812  Florida Statutes, funds transferred to the Educational
  813  Enhancement Trust Fund shall first be available to pay debt
  814  service on lottery bonds issued to fund school construction in
  815  the event lottery revenues are insufficient for such purpose or
  816  to satisfy debt service reserve requirements established in
  817  connection with lottery bonds. Moneys available pursuant to this
  818  subparagraph are subject to annual appropriation by the
  819  Legislature.
  820         (3)PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
  821  on electronic gaming machine revenues imposed by this section
  822  shall be paid to the division. The division shall deposit such
  823  funds with the Chief Financial Officer, to the credit of the
  824  Pari-mutuel Wagering Trust Fund. The electronic gaming machine
  825  licensee shall remit to the division payment for the tax on
  826  electronic gaming machine revenues by 3 p.m. on the 5th calendar
  827  day of each month for taxes imposed and collected for the
  828  preceding calendar month. The electronic gaming machine licensee
  829  shall file a report under oath by the 5th day of each calendar
  830  month for all taxes remitted during the preceding calendar
  831  month. Such payments shall be accompanied by a report under oath
  832  showing all electronic gaming machine activities for the
  833  preceding calendar month and such other information as may be
  834  prescribed by the division.
  835         (4)FAILURE TO PAY TAX; PENALTIES.—An electronic gaming
  836  machine licensee who does not make tax payments required under
  837  this section is subject to an administrative penalty of up to
  838  $10,000 for each day the tax payment is not remitted. All
  839  administrative penalties imposed and collected shall be
  840  deposited into the Pari-mutuel Wagering Trust Fund of the
  841  Department of Business and Professional Regulation. If an
  842  electronic gaming machine licensee does not pay penalties
  843  imposed by the division, the division may suspend, revoke, or
  844  refuse to renew the license of the electronic gaming machine
  845  licensee.
  846         (5)SUBMISSION OF FUNDS.—The division may require
  847  electronic gaming machine licensees to remit taxes, fees, fines,
  848  and assessments by electronic funds transfer.
  849         Section 9. Electronic gaming machine occupational license;
  850  findings; application; fee.—
  851         (1)The Legislature finds that licensees and persons
  852  associated with licensees require heightened state scrutiny. As
  853  such licensees and persons associated with licensees shall
  854  submit fingerprints for a criminal history records check.
  855         (2)(a)The following electronic gaming machine occupational
  856  licenses are required for persons who, by virtue of the
  857  positions they hold, potentially may have access to electronic
  858  gaming machine areas or to any other person or entity in one of
  859  the following categories:
  860         1.General occupational licenses for general employees,
  861  including food service, maintenance, and other similar service
  862  and support employees having access to an electronic gaming
  863  machine area.
  864         2.Professional occupational licenses for any person,
  865  proprietorship, partnership, corporation, or other entity that
  866  is authorized by an electronic gaming machine licensee to
  867  manage, oversee, or otherwise control daily operations as an
  868  electronic gaming machine manager, floor supervisor, security
  869  personnel, or other similar position of oversight of gaming
  870  operations, or any person who is not an employee of the
  871  electronic gaming machine licensee and who provides maintenance,
  872  repair, or upgrades or otherwise services an electronic gaming
  873  machine or other electronic gaming machine equipment.
  874         3.Business occupational licenses for any electronic gaming
  875  machine management company or company associated with electronic
  876  gaming, any person who manufactures, distributes, or sells
  877  electronic gaming machines, electronic gaming machine
  878  paraphernalia, or other associated equipment to electronic
  879  gaming machine licensees, or any company that sells or provides
  880  goods or services associated with electronic gaming to
  881  electronic gaming machine licensees.
  882         (b)The division may issue one license in order to combine
  883  licenses under this section with pari-mutuel occupational
  884  licenses and cardroom licenses pursuant to s. 550.105(2)(b),
  885  Florida Statutes. The division shall adopt rules pertaining to
  886  occupational licenses under this subsection. Such rules may
  887  specify requirements and restrictions for licensed occupations
  888  and categories, procedures to apply for a license or combination
  889  of licenses, disqualifying criminal offenses for a licensed
  890  occupation or categories of occupations, and which types of
  891  occupational licenses may be combined into a single license. The
  892  fingerprinting requirements of subsection (10) apply to any
  893  combination license that includes electronic gaming machine
  894  license privileges. The division may not adopt a rule allowing
  895  the issuance of an occupational license to any person who does
  896  not meet the minimum background qualifications of this section.
  897         (c)Electronic gaming machine occupational licenses are not
  898  transferable.
  899         (3)An electronic gaming machine licensee may not employ or
  900  otherwise allow a person to work at a licensed facility unless
  901  such person holds the appropriate valid occupational license. An
  902  electronic gaming machine licensee may not contract or otherwise
  903  conduct business with a business that is required to hold an
  904  electronic gaming machine occupational license unless the
  905  business holds such a license. An electronic gaming machine
  906  licensee may not employ or otherwise allow a person to work in a
  907  supervisory or management professional level at a licensed
  908  facility unless such person holds a valid electronic gaming
  909  machine occupational license. All electronic gaming machine
  910  occupational licensees, while present in electronic gaming
  911  machine areas, shall display on their persons their occupational
  912  license identification cards.
  913         (4)(a)A person seeking an electronic gaming machine
  914  occupational license or renewal thereof shall apply on forms
  915  prescribed by the division and include payment of the
  916  appropriate application fee. Initial and renewal applications
  917  for electronic gaming machine occupational licenses must contain
  918  all information that the division, by rule, requires.
  919         (b)An electronic gaming machine license or combination
  920  license is valid for the same term as a pari-mutuel occupational
  921  license issued pursuant to s. 550.105(1), Florida Statutes.
  922         (c)Pursuant to rules adopted by the division, any person
  923  may apply for and, if qualified, be issued an electronic gaming
  924  machine occupational license. The license shall be valid for a
  925  period of 3 years upon payment of the full occupational license
  926  fee for each of the 3 years for which the license is issued. The
  927  electronic gaming machine occupational license is valid during
  928  its specified term at any licensed facility where electronic
  929  gaming machine gaming is authorized.
  930         (d)The electronic gaming machine occupational license fee
  931  for initial application and annual renewal shall be determined
  932  by rule of the division, but may not exceed $50 for a general or
  933  professional occupational license for an employee of the
  934  electronic gaming machine licensee or $1,000 for a business
  935  occupational license for nonemployees of the licensee who
  936  provide goods or services to the electronic gaming machine
  937  licensee. License fees for general occupational licenses shall
  938  be paid by the electronic gaming machine licensee. Failure to
  939  pay the required fee constitutes grounds for disciplinary action
  940  by the division against the electronic gaming machine licensee,
  941  but it is not a violation of this act or rules of the division
  942  by the general occupational licensee and does not prohibit the
  943  initial issuance or the renewal of the general occupational
  944  license.
  945         (5)The division may:
  946         (a)Deny an application for, or revoke, suspend, or place
  947  conditions or restrictions on, a license of an applicant or
  948  licensee that has been refused a license by another state gaming
  949  commission, governmental department, agency, or other authority
  950  exercising regulatory jurisdiction over the gaming of another
  951  state or jurisdiction; or
  952         (b)Deny an application for, or suspend, or place
  953  conditions on a license of any applicant or licensee that is
  954  under suspension or has unpaid fines in another state or
  955  jurisdiction.
  956         (6)(a)The division may deny, suspend, revoke, or refuse to
  957  renew any electronic gaming machine occupational license if the
  958  applicant or licensee has violated this act or the rules
  959  governing the conduct of persons connected with electronic games
  960  or electronic gaming. In addition, the division may deny,
  961  suspend, revoke, or refuse to renew any electronic gaming
  962  machine occupational license if the applicant or licensee has
  963  been convicted under the laws of this state or of another state,
  964  or under the laws of the United States, of a capital felony, a
  965  felony, or an offense in another state which would be a felony
  966  under the laws of this state involving arson; trafficking in,
  967  conspiracy to traffic in, smuggling, importing, conspiracy to
  968  smuggle or import, or delivery, sale, or distribution of a
  969  controlled substance; racketeering; or a crime showing a lack of
  970  good moral character, or has had a gaming license revoked by
  971  this state or another jurisdiction for any gaming-related
  972  offense.
  973         (b)The division may deny, revoke, or refuse to renew any
  974  electronic gaming machine occupational license if the applicant
  975  or licensee has been convicted of a felony or misdemeanor in
  976  this state, in another state, or under the laws of the United
  977  States if such felony or misdemeanor is related to gambling or
  978  bookmaking as described in s. 849.25, Florida Statutes.
  979         (c)As used in this subsection, the term “convicted” means
  980  having been found guilty, with or without adjudication of guilt,
  981  as a result of a jury verdict, nonjury trial, or entry of a plea
  982  of guilty or nolo contendere.
  983         (7)The division may deny, revoke, or suspend any
  984  occupational license if the applicant or licensee accumulates
  985  unpaid obligations, defaults in obligations, or issues drafts or
  986  checks that are dishonored or for which payment is refused
  987  without reasonable cause.
  988         (8)The division may fine or suspend, revoke, or place
  989  conditions upon the license of any licensee who provides false
  990  information under oath regarding an application for a license or
  991  an investigation by the division.
  992         (9)The division may impose a civil fine of up to $5,000
  993  for each violation of this act or the rules of the division in
  994  addition to or in lieu of any other penalty. The division may
  995  adopt a penalty schedule for violations for which it would
  996  impose a fine in lieu of a suspension and adopt rules allowing
  997  for the issuance of citations, including procedures to address
  998  such citations, to persons who violate such rules. In addition
  999  to any other penalty provided by law, the division may exclude
 1000  from all licensed electronic gaming machine facilities in this
 1001  state, for a period not to exceed the period of suspension,
 1002  revocation, or ineligibility, any person whose occupational
 1003  license application has been refused or who has been declared
 1004  ineligible to hold an occupational license or whose occupational
 1005  license has been suspended or revoked by the division.
 1006         (10)Fingerprints for electronic gaming machine
 1007  occupational license applications shall be taken in a manner
 1008  approved by the division and shall be submitted electronically
 1009  to the Department of Law Enforcement for state processing and to
 1010  the Federal Bureau of Investigation for national processing for
 1011  a criminal history record check. All persons as specified in s.
 1012  550.1815(1)(a), Florida Statutes, who are employed by or working
 1013  within licensed premises shall submit fingerprints for a
 1014  criminal history records check and may not have been convicted
 1015  of any disqualifying criminal offenses specified in subsection
 1016  (6). Division employees and law enforcement officers assigned to
 1017  work within such premises as part of their official duties are
 1018  excluded from the criminal history record check requirements. As
 1019  used in this subsection, the term “convicted” means having been
 1020  found guilty, with or without adjudication of guilt, as a result
 1021  of a jury verdict, nonjury trial, or entry of a plea of guilty
 1022  or nolo contendere.
 1023         (a)Fingerprints shall be taken in a manner approved by the
 1024  division upon initial application, or as required thereafter by
 1025  rule of the division, and shall be submitted electronically to
 1026  the Department of Law Enforcement for state processing. The
 1027  Department of Law Enforcement shall forward the fingerprints to
 1028  the Federal Bureau of Investigation for national processing. The
 1029  results of the criminal history record check shall be returned
 1030  to the division for screening. Licensees shall provide necessary
 1031  equipment, approved by the Department of Law Enforcement, to
 1032  facilitate such electronic submission. The division requirements
 1033  shall be instituted in consultation with the Department of Law
 1034  Enforcement.
 1035         (b)The cost of processing fingerprints and conducting a
 1036  criminal history records check for a general occupational
 1037  license shall be paid by the electronic gaming machine licensee.
 1038  The cost of processing fingerprints and conducting a criminal
 1039  history record check for a business or professional occupational
 1040  license shall be paid by the person being checked. The
 1041  Department of Law Enforcement may invoice the division for the
 1042  fingerprints submitted each month.
 1043         (c)All fingerprints submitted to the Department of Law
 1044  Enforcement shall be retained by the Department of Law
 1045  Enforcement and entered into the statewide automated fingerprint
 1046  identification system as authorized by s. 943.05(2)(b), Florida
 1047  Statutes, and shall be available for all purposes and uses
 1048  authorized for arrest fingerprint cards in the statewide
 1049  automated fingerprint identification system pursuant to s.
 1050  943.051, Florida Statutes.
 1051         (d)The Department of Law Enforcement shall search all
 1052  arrest fingerprints received pursuant to s. 943.051, Florida
 1053  Statutes, against the fingerprints retained in the statewide
 1054  automated fingerprint identification system. Any arrest record
 1055  that is identified with the retained fingerprints of a person
 1056  subject to the criminal history screening requirements shall be
 1057  reported to the division. Each licensed facility shall pay a fee
 1058  for the cost of retention of the fingerprints and the ongoing
 1059  searches under this paragraph. The division shall forward the
 1060  fee to the Department of Law Enforcement. The amount of the fee
 1061  to be imposed for such searches and the procedures for the
 1062  retention of licensee fingerprints shall be as established by
 1063  rule of the Department of Law Enforcement. The division shall
 1064  inform the Department of Law Enforcement of any change in the
 1065  license status of licensees whose fingerprints are retained.
 1066         (e)The division shall request the Department of Law
 1067  Enforcement to forward the fingerprints to the Federal Bureau of
 1068  Investigation for a national criminal history records check
 1069  every 3 years following issuance of a license. If the
 1070  fingerprints of a person who is licensed have not been retained
 1071  by the Department of Law Enforcement, the person must file a
 1072  complete set of fingerprints as provided in paragraph (a). The
 1073  division shall collect the fees for the cost of the national
 1074  criminal history record check and shall forward the payment to
 1075  the Department of Law Enforcement. The cost of processing
 1076  fingerprints and conducting a criminal history record check for
 1077  a general occupational license shall be paid by the electronic
 1078  gaming machine licensee. The cost of processing fingerprints and
 1079  conducting a criminal history record check for a business or
 1080  professional occupational license shall be paid by the person
 1081  being checked. The Department of Law Enforcement may invoice the
 1082  division for the fingerprints submitted each month. Under
 1083  penalty of perjury, each person who is licensed or fingerprinted
 1084  must agree to inform the division within 48 hours if he or she
 1085  is convicted of or enters a plea of guilty or nolo contendere to
 1086  any disqualifying offense, regardless of adjudication.
 1087         (11)All moneys collected pursuant to this section shall be
 1088  deposited into the Pari-mutuel Wagering Trust Fund.
 1089         Section 10. Prohibited relationships.—
 1090         (1)A person employed by or performing any function on
 1091  behalf of the division may not:
 1092         (a)Be an officer, director, owner, or employee of any
 1093  person or entity licensed by the division.
 1094         (b)Have or hold any interest, direct or indirect, in or
 1095  engage in any commerce or business relationship with any person
 1096  licensed by the division.
 1097         (2)A manufacturer or distributor of electronic gaming
 1098  machines may not enter into any contract with an electronic
 1099  gaming machine licensee which provides for any revenue sharing
 1100  that is directly or indirectly calculated on the basis of a
 1101  percentage of electronic gaming machine revenues. Any agreement
 1102  in violation of this subsection is void.
 1103         (3)A manufacturer or distributor of electronic gaming
 1104  machines or equipment necessary for the operation of electronic
 1105  gaming machines or an officer, director, or employee of any such
 1106  manufacturer or distributor may not have any ownership or
 1107  financial interest in an electronic gaming machine license or
 1108  any business owned by an electronic gaming machine licensee.
 1109         (4)An employee of the division or relative living in the
 1110  same household as the employee may not wager on an electronic
 1111  gaming machine located at a facility licensed by the division.
 1112         (5)An occupational licensee or relative living in the same
 1113  household as the licensee may not wager on an electronic gaming
 1114  machine located at a facility operated by such licensee.
 1115         Section 11. Prohibited acts; penalties.—
 1116         (1)Except as otherwise provided by law and in addition to
 1117  any other penalty, a person who knowingly makes or causes to be
 1118  made, or aids, assists, or procures another to make, a false
 1119  statement in any report, disclosure, application, or other
 1120  document required under any law or rule regulating electronic
 1121  gaming is subject to an administrative fine or civil penalty of
 1122  up to $10,000.
 1123         (2)Except as otherwise provided by law and in addition to
 1124  any other penalty, a person who possesses an electronic gaming
 1125  machine without a license or who possesses an electronic gaming
 1126  machine at a location other than at the electronic gaming
 1127  machine licensee’s facility is subject to an administrative fine
 1128  or civil penalty of up to $10,000 per machine. This prohibition
 1129  does not apply to:
 1130         (a)Electronic gaming machine manufacturers or distributors
 1131  that are licensed and authorized to maintain an electronic
 1132  gaming machine storage and maintenance facility in this state.
 1133  The division may adopt rules regarding security, inspection, and
 1134  access to the storage facility.
 1135         (b)Certified educational facilities that are authorized by
 1136  the division to maintain electronic gaming machines for the sole
 1137  purpose of education and licensure of electronic gaming machine
 1138  technicians, inspectors, or investigators. The division and the
 1139  Department of Law Enforcement may possess electronic gaming
 1140  machines for training and testing purposes. The division may
 1141  adopt rules regarding the regulation of such electronic gaming
 1142  machines used for the sole purpose of education and licensure of
 1143  electronic gaming machine technicians, inspectors, or
 1144  investigators.
 1145         (3)A person who knowingly excludes or attempts to exclude,
 1146  anything of value from the deposit, counting, collection, or
 1147  computation of revenues from electronic gaming machine activity,
 1148  or a person who by trick, sleight-of-hand performance, fraud or
 1149  fraudulent scheme, or device wins or attempts to win, for
 1150  himself or herself or for another, money or property or a
 1151  combination thereof, or reduces or attempts to reduce a losing
 1152  wager in connection with electronic gamingcommits a felony of
 1153  the third degree, punishable as provided in s. 775.082, s.
 1154  775.083, or s. 775.084, Florida Statutes.
 1155         (4)Any person who manipulates or attempts to manipulate
 1156  the outcome, payoff, or operation of an electronic gaming
 1157  machine by physical tampering or the use of an object,
 1158  instrument, or device, whether mechanical, electrical, or
 1159  magnetic, or by other means, commits a felony of the third
 1160  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1161  775.084, Florida Statutes.
 1162         (5)Theft of electronic gaming machine proceeds or property
 1163  belonging to an electronic gaming machine operator, licensee, or
 1164  licensed facility by an employee of the operator or facility or
 1165  by an officer, partner, owner, or employee of a person
 1166  contracted to provide services to the operator or facility
 1167  constitutes a felony of the third degree, punishable as provided
 1168  in s. 775.082 or s. 775.083, Florida Statutes.
 1169         (6)(a)A law enforcement officer or electronic gaming
 1170  machine operator who has probable cause to believe that a person
 1171  has committed a violation of subsection (3), subsection (4), or
 1172  subsection (5) and that officer or operator can recover the lost
 1173  proceeds from the activity by taking the person into custody
 1174  may, for the purpose of attempting to effect the recovery of the
 1175  proceeds, take into custody on the premises and detain the
 1176  person in a reasonable manner for a reasonable time. If the
 1177  operator takes the person into custody, a law enforcement
 1178  officer shall be called to the scene immediately. The taking
 1179  into custody and detention by a law enforcement officer or
 1180  electronic gaming machine operator, if done in compliance with
 1181  this subsection, does not render such law enforcement officer,
 1182  or the officer’s agency, or the electronic gaming machine
 1183  operator criminally or civilly liable for false arrest, false
 1184  imprisonment, or unlawful detention.
 1185         (b)A law enforcement officer may arrest, on or off the
 1186  premises and without warrant, any person if the officer has
 1187  probable cause to believe that person has violated subsection
 1188  (3), subsection (4), or subsection (5).
 1189         (c)A person who resists the reasonable effort of a law
 1190  enforcement officer or electronic gaming machine operator to
 1191  take into custody a person who is violating subsection (3),
 1192  subsection (4), or subsection (5) commits a misdemeanor of the
 1193  first degree, punishable as provided in s. 775.082 or s.
 1194  775.083, Florida Statutes, unless the person did not know or
 1195  have reason to know that the person seeking to take him or her
 1196  into custody was a law enforcement officer or electronic gaming
 1197  machine operator.
 1198         (7)The penalties imposed and collected under this section
 1199  must be deposited into the Pari-mutuel Wagering Trust Fund of
 1200  the Department of Business and Professional Regulation.
 1201         Section 12. Legal devices.Notwithstanding any provision of
 1202  law to the contrary, electronic gaming machines manufactured,
 1203  sold, distributed, possessed, or operated pursuant to the laws
 1204  and rules regulating electronic gaming are lawful in this state.
 1205  An electronic game or electronic gaming machine may not enter
 1206  the state until it has been tested and certified by a licensed
 1207  testing laboratory, and certified for play in the state. The
 1208  division shall adopt rules regarding the testing, certification,
 1209  control, and approval of electronic games and electronic gaming
 1210  machines entering, departing, or moving within the state.
 1211         Section 13. Exclusions of certain persons.—In addition to
 1212  the power to exclude certain persons, the division may exclude
 1213  any person from a facility of an electronic gaming machine
 1214  licensee in this state for conduct that would constitute, if the
 1215  person were a licensee, a violation of this act or the rules of
 1216  the division. The division may exclude a person who has been
 1217  ejected from a gaming facility or who has been excluded from a
 1218  gaming facility in another state by the governmental authority
 1219  exercising regulatory jurisdiction over the gaming in such other
 1220  state. This section does not abrogate the common law right of an
 1221  electronic gaming machine licensee to exclude a patron.
 1222         Section 14. Persons prohibited from operating electronic
 1223  gaming machines.—
 1224         (1)A person who has not attained 18 years of age may not
 1225  operate or play an electronic gaming machine or have access to
 1226  the designated electronic gaming machine area.
 1227         (2)An electronic gaming machine licensee or agent or
 1228  employee of an electronic gaming machine licensee may not
 1229  knowingly allow a person who has not attained 18 years of age
 1230  to:
 1231         (a)Play or operate an electronic gaming machine.
 1232         (b)Be employed in any position allowing or requiring
 1233  access to the designated gaming area of a facility of an
 1234  electronic gaming machine licensee.
 1235         (c)Have access to the designated electronic gaming machine
 1236  area of a facility of an electronic gaming machine licensee.
 1237         (3)A licensed facility shall post clear and conspicuous
 1238  signage within the designated electronic gaming machine areas
 1239  which states:
 1240  
 1241  THE PLAYING OF ELECTRONIC GAMING MACHINES BY PERSONS UNDER THE
 1242  AGE OF 18 IS AGAINST FLORIDA LAW (CITE TO FLORIDA STATUTES
 1243  SECTION). PROOF OF AGE MAY BE REQUIRED AT ANY TIME.
 1244         Section 15. Electronic gaming machine areas.—
 1245         (1)An electronic gaming machine licensee may make
 1246  available for play up to 1,000 electronic gaming machines within
 1247  an eligible facility in a designated electronic gaming machine
 1248  area. No more than 1,000 electronic gaming machines shall be
 1249  authorized at a facility regardless of the number of
 1250  permitholders conducting operations at that facility.
 1251         (2)The electronic gaming machine licensee shall display
 1252  pari-mutuel races or games within the designated electronic
 1253  gaming machine areas and offer patrons within such areas the
 1254  opportunity to wager on live, intertrack, and simulcast races.
 1255         (3)The division shall require the posting of signs warning
 1256  of the risks and dangers of gambling, showing the odds of
 1257  winning, and informing patrons of the toll-free telephone number
 1258  available to provide information and referral services regarding
 1259  compulsive or problem gambling.
 1260         (4)Designated electronic gaming machine areas may be
 1261  located within a live gaming facility or an existing building
 1262  that is contiguous and connected to the live gaming facility. If
 1263  such gaming area is to be located in a building that is not yet
 1264  constructed, the new building must be contiguous and connected
 1265  to the live gaming facility.
 1266         (5)An electronic gaming machine licensee shall provide
 1267  adequate office space at no cost to the division and the
 1268  Department of Law Enforcement for the oversight of electronic
 1269  gaming machine operations. The division shall adopt rules
 1270  establishing criteria for adequate space, configuration, and
 1271  location and needed electronic and technological requirements.
 1272         Section 16. Days and hours of operation.—Electronic gaming
 1273  machine areas may be open daily throughout the year. They may be
 1274  open a cumulative total of 18 hours per day on Monday through
 1275  Friday and 24 hours per day on Saturday and Sunday and on
 1276  holidays specified in s. 110.117(1), Florida Statutes.
 1277         Section 17. Penalties.—The division may revoke or suspend
 1278  an electronic gaming machine license issued under this act upon
 1279  the willful violation by the licensee of any law or rule
 1280  regulating electronic gaming. In lieu of suspending or revoking
 1281  an electronic gaming machine license, the division may impose a
 1282  civil penalty against the licensee for such violation. Except as
 1283  otherwise provided in this act, the division may not impose a
 1284  penalty that exceeds $100,000 for each count or separate
 1285  offense. All fines collected must be deposited into the Pari
 1286  mutuel Wagering Trust Fund of the Department of Business and
 1287  Professional Regulation.
 1288         Section 18. Compulsive or addictive gambling prevention
 1289  program.—
 1290         (1)Each electronic gaming machine licensee shall offer
 1291  training to employees on responsible gaming and shall work with
 1292  a compulsive or addictive gambling prevention program to
 1293  recognize problem gaming situations and implement responsible
 1294  gaming programs and practices.
 1295         (2)The division shall, subject to competitive bidding,
 1296  contract for services related to the prevention of compulsive
 1297  and addictive gambling. The contract shall require an
 1298  advertising program to encourage responsible gaming practices
 1299  and publicize a gambling telephone help line. Such
 1300  advertisements must be made both publicly and inside the
 1301  designated electronic gaming machine areas of the licensee’s
 1302  facilities. The terms of any contract for such services shall
 1303  include accountability standards for any private provider. The
 1304  failure of a private provider to meet any material term of the
 1305  contract, including the accountability standards, constitutes a
 1306  breach of contract or grounds for nonrenewal.
 1307         (3)The compulsive or addictive gambling prevention program
 1308  shall be funded from an annual nonrefundable regulatory fee of
 1309  $250,000 paid by each licensee.
 1310         Section 19. Caterer’s license.—An electronic gaming machine
 1311  licensee is entitled to a caterer’s license pursuant to s.
 1312  565.02, Florida Statutes, on days on which the pari-mutuel
 1313  facility is open to the public for electronic gaming machine
 1314  play.
 1315         Section 20. Prohibited activities and devices; exceptions.
 1316         (1)Complimentary or reduced-cost alcoholic beverages may
 1317  not be served to persons in the designated electronic gaming
 1318  machine area. Alcoholic beverages served to persons in the
 1319  designated electronic gaming machine area shall cost at least
 1320  the same amount as alcoholic beverages served to the general
 1321  public at any bar within the facility.
 1322         (2)An electronic gaming machine licensee may not make
 1323  loans, provide credit, or advance cash to enable a person to
 1324  play an electronic gaming machine. This subsection does not
 1325  prohibit automated ticket redemption machines that dispense cash
 1326  from the redemption of tickets from being located in the
 1327  designated electronic gaming machine area.
 1328         (3)An automated teller machine or similar device designed
 1329  to provide credit or dispense cash may not be located within the
 1330  designated electronic gaming machine area.
 1331         (4)(a)An electronic gaming machine licensee may not accept
 1332  or cash a check from any person within the designated electronic
 1333  gaming machine area of a facility.
 1334         (b)Except as provided in paragraph (c) for employees of
 1335  the facility, an electronic gaming machine licensee may not
 1336  accept or cash for any person within the facility a government
 1337  issued check, third-party check, or payroll check made payable
 1338  to an individual.
 1339         (c)Outside the designated electronic gaming machine area,
 1340  an electronic gaming machine licensee or operator may accept or
 1341  cash a check for an employee of the facility who is prohibited
 1342  from wagering on an electronic gaming machine under s.
 1343  551.108(5), Florida Statutes, a check made directly payable to a
 1344  person licensed by the division, or a check made directly
 1345  payable to the licensee or operator from:
 1346         1.A pari-mutuel patron; or
 1347         2.A pari-mutuel facility in any state.
 1348         (d)Unless accepting or cashing a check is prohibited by
 1349  this subsection, an electronic gaming machine licensee or
 1350  operator may accept and deposit in its accounts checks received
 1351  in the normal course of business.
 1352         (5)An electronic gaming machine, or the computer operating
 1353  system linked to an electronic gaming machine, may be linked to
 1354  any other electronic gaming machine or computer operating system
 1355  within this state.
 1356         (6)An electronic gaming machine located within a licensed
 1357  facility may accept tickets or electronic or account-based cards
 1358  for wagering. Such machines may return or deliver payouts to the
 1359  players in the form of tickets or electronic or account-based
 1360  credits that may be exchanged for cash, merchandise, or other
 1361  items of value. The use of coins, currency, credit or debit
 1362  cards, tokens, or similar objects is prohibited.
 1363         Section 21. Rulemaking.—The division may adopt rules to
 1364  administer this act.
 1365         Section 22. Preemption.—The Legislature finds and declares
 1366  that it has exclusive authority over the conduct of all wagering
 1367  occurring at electronic gaming machine facilities in this state.
 1368  Only the Division of Pari-mutuel Wagering and other authorized
 1369  state agencies may administer this act and regulate the
 1370  electronic gaming machine industry, including operation of
 1371  electronic gaming machine facilities, games, electronic gaming
 1372  machines, and facilities-based computer systems authorized in
 1373  this act and the rules adopted by the division.
 1374         Section 23. Application to bingo games operated by
 1375  charitable or nonprofit organizations.—Sections 1 through 22 of
 1376  this act do not apply to the use of player-operated bingo aides
 1377  used in bingo games conducted by charitable, nonprofit, or
 1378  veterans’ organizations authorized to conduct bingo under s.
 1379  849.0931, Florida Statutes. Sections 1 through 22 of this act do
 1380  not apply to game promotions or operators regulated under s.
 1381  849.094, Florida Statutes.
 1382         Section 24. Paragraph (x) is added to subsection (1) of
 1383  section 215.22, Florida Statutes, to read:
 1384         215.22 Certain income and certain trust funds exempt.—
 1385         (1) The following income of a revenue nature or the
 1386  following trust funds shall be exempt from the appropriation
 1387  required by s. 215.20(1):
 1388         (x)Taxes imposed on electronic gaming and electronic
 1389  gaming machines at eligible pari-mutuel facilities.
 1390         Section 25. The Department of Business and Professional
 1391  Regulation may expend the unreserved cash balance in the Pari
 1392  mutuel Wagering Trust Fund received from other revenue sources
 1393  to implement electronic gaming regulation and investigations
 1394  during the 2009-2010 fiscal year. Before the use of such other
 1395  revenues, the department shall submit a repayment plan for
 1396  approval by the Executive Office of the Governor in consultation
 1397  with the chair and vice chair of the Legislative Budget
 1398  Commission. The department shall repay such funds using
 1399  electronic gaming machine license revenue sources by April 1,
 1400  2010. The repaid funds are subject to the requirements of s.
 1401  550.135(2), Florida Statutes.
 1402         Section 26. Present subsections (11), (32), and (38) of
 1403  section 550.002, Florida Statutes, are amended, a new subsection
 1404  (15) is added to that section, and present subsections (15)
 1405  through (39) of that section are renumbered as subsections (16)
 1406  through (40), respectively, to read:
 1407         550.002 Definitions.—As used in this chapter, the term:
 1408         (11) “Full schedule of live racing or games” means, for a
 1409  greyhound or jai alai permitholder, the conduct of a combination
 1410  of at least 100 live evening or matinee performances during the
 1411  preceding year; for a permitholder who has a converted permit or
 1412  filed an application on or before June 1, 1990, for a converted
 1413  permit, the conduct of a combination of at least 100 live
 1414  evening and matinee wagering performances during either of the 2
 1415  preceding years; for a jai alai permitholder who does not
 1416  operate slot machines, electronic gaming machines, or historical
 1417  racing systems in its pari-mutuel facility, who has conducted at
 1418  least 100 live performances per year for at least 10 years after
 1419  December 31, 1992, and whose handle on live jai alai games
 1420  conducted at its pari-mutuel facility has been less than $4
 1421  million per state fiscal year for at least 2 consecutive years
 1422  after June 30, 1992, the conduct of a combination of at least 40
 1423  live evening or matinee performances during the preceding year;
 1424  for a jai alai permitholder who operates slot machines
 1425  electronic gaming machines, or historical racing systems in its
 1426  pari-mutuel facility, the conduct of a combination of at least
 1427  150 performances during the preceding year; for a harness
 1428  permitholder, the conduct of at least 100 live regular wagering
 1429  performances during the preceding year; for a quarter horse
 1430  permitholder, at the permitholder’s facility in the year 2009,
 1431  the conduct of at least 20 live regular wagering performances,
 1432  in the years 2010 and 2011, the conduct of at least 30 live
 1433  regular wagering performances, and for every year after the year
 1434  2011, the conduct of at least 40 live regular wagering
 1435  performances during the preceding year; for a quarter horse
 1436  permitholder leasing another licensed racetrack, the conduct of
 1437  160 events at the leased facility; and for a thoroughbred
 1438  permitholder, the conduct of at least 40 live regular wagering
 1439  performances during the preceding year. For a permitholder which
 1440  is restricted by statute to certain operating periods within the
 1441  year when other members of its same class of permit are
 1442  authorized to operate throughout the year, the specified number
 1443  of live performances which constitute a full schedule of live
 1444  racing or games shall be adjusted pro rata in accordance with
 1445  the relationship between its authorized operating period and the
 1446  full calendar year and the resulting specified number of live
 1447  performances shall constitute the full schedule of live games
 1448  for such permitholder and all other permitholders of the same
 1449  class within 100 air miles of such permitholder. A live
 1450  performance must consist of no fewer than eight races or games
 1451  conducted live for each of a minimum of three performances each
 1452  week at the permitholder’s licensed facility under a single
 1453  admission charge.
 1454         (15)“Historical racing system” means a form of pari-mutuel
 1455  wagering based on audio or video signals of in-state or out-of
 1456  state races which are sent from an in-state server and operated
 1457  by a licensed totalisator company and which are displayed at
 1458  individual wagering terminals at a licensed pari-mutuel
 1459  facility.
 1460         (33)(32) “Simulcasting” means broadcasting events occurring
 1461  live or recorded at an in-state location to an out-of-state
 1462  location, or receiving at an in-state location events occurring
 1463  live or recorded at an out-of-state location, by the
 1464  transmittal, retransmittal, reception, and rebroadcast of
 1465  television or radio signals by wire, cable, satellite,
 1466  microwave, or other electrical or electronic means for receiving
 1467  or rebroadcasting the events.
 1468         (39)(38) “Year,” for purposes of determining a full
 1469  schedule of live racing, means the state fiscal calendar year.
 1470         Section 27. Subsection (3) of section 550.01215, Florida
 1471  Statutes, is amended to read:
 1472         550.01215 License application; periods of operation; bond,
 1473  conversion of permit.—
 1474         (3) Except as provided in s. 550.5251 for thoroughbred
 1475  racing, The division shall issue each license no later than
 1476  March 15. Each permitholder shall operate all performances at
 1477  the date and time specified on its license. The division shall
 1478  have the authority to approve minor changes in racing dates
 1479  after a license has been issued. The division may approve
 1480  changes in racing dates after a license has been issued when
 1481  there is no objection from any operating permitholder located
 1482  within 50 miles of the permitholder requesting the changes in
 1483  operating dates. In the event of an objection, the division
 1484  shall approve or disapprove the change in operating dates based
 1485  upon the impact on operating permitholders located within 50
 1486  miles of the permitholder requesting the change in operating
 1487  dates. In making the determination to change racing dates, the
 1488  division shall take into consideration the impact of such
 1489  changes on state revenues.
 1490         Section 28. Paragraph (b) of subsection (1) and subsections
 1491  (5) and (6) of section 550.0951, Florida Statutes, are amended
 1492  to read:
 1493         550.0951 Payment of daily license fee and taxes;
 1494  penalties.—
 1495         (1)
 1496         (b) Each permitholder that cannot utilize the full amount
 1497  of the exemption of $360,000 or $500,000 provided in s.
 1498  550.09514(1) or the daily license fee credit provided in this
 1499  section may, after notifying the division in writing, elect once
 1500  per state fiscal year on a form provided by the division to
 1501  transfer such exemption or credit or any portion thereof to any
 1502  greyhound permitholder which acts as a host track to such
 1503  permitholder for the purpose of intertrack wagering. Once an
 1504  election to transfer such exemption or credit is filed with the
 1505  division, it shall not be rescinded. The division shall
 1506  disapprove the transfer when the amount of the exemption or
 1507  credit or portion thereof is unavailable to the transferring
 1508  permitholder or when the permitholder who is entitled to
 1509  transfer the exemption or credit or who is entitled to receive
 1510  the exemption or credit owes taxes to the state pursuant to a
 1511  deficiency letter or administrative complaint issued by the
 1512  division. Upon approval of the transfer by the division, the
 1513  transferred tax exemption or credit shall be effective for the
 1514  first performance of the next payment biweekly pay period as
 1515  specified in subsection (5). The exemption or credit transferred
 1516  to such host track may be applied by such host track against any
 1517  taxes imposed by this chapter or daily license fees imposed by
 1518  this chapter. The greyhound permitholder host track to which
 1519  such exemption or credit is transferred shall reimburse such
 1520  permitholder the exact monetary value of such transferred
 1521  exemption or credit as actually applied against the taxes and
 1522  daily license fees of the host track. The division shall ensure
 1523  that all transfers of exemption or credit are made in accordance
 1524  with this subsection and shall have the authority to adopt rules
 1525  to ensure the implementation of this section.
 1526         (5)(a)Each permitholder conducting historical racing
 1527  pursuant to 550.810 shall pay a tax equal to 4 percent of the
 1528  handle from the historical racing system.
 1529         (b)The permitholder, upon authorization to conduct
 1530  historical racing pursuant to 550.810 and annually thereafter,
 1531  on the anniversary date of the authorization, shall pay a fee to
 1532  the division of $1 million. The fee shall be deposited into the
 1533  Pari-mutuel Wagering Trust Fund of the Department of Business
 1534  and Professional Regulation to be used by the division and the
 1535  Department of Law Enforcement for investigations, regulation of
 1536  historic racing, and enforcement of historic racing provisions.
 1537         (6)(5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1538  Payment for the admission tax, tax on handle, and the breaks tax
 1539  imposed by this section shall be paid to the division. The
 1540  division shall deposit these sums with the Chief Financial
 1541  Officer, to the credit of the Pari-mutuel Wagering Trust Fund,
 1542  hereby established. The permitholder shall remit to the division
 1543  payment for the daily license fee, the admission tax, the tax on
 1544  handle, and the breaks tax. Such payments shall be remitted by 3
 1545  p.m. on the 5th day of each calendar month Wednesday of each
 1546  week for taxes imposed and collected for the preceding calendar
 1547  month week ending on Sunday. If the 5th day of the calendar
 1548  month falls on a weekend, payments shall be remitted by 3 p.m.
 1549  the first Monday following the weekend. Permitholders shall file
 1550  a report under oath by the 5th day of each calendar month for
 1551  all taxes remitted during the preceding calendar month. Such
 1552  payments shall be accompanied by a report under oath showing the
 1553  total of all admissions, the pari-mutuel wagering activities for
 1554  the preceding calendar month, and such other information as may
 1555  be prescribed by the division.
 1556         (7)(6) PENALTIES.—
 1557         (a) The failure of any permitholder to make payments as
 1558  prescribed in subsection (6) (5) is a violation of this section,
 1559  and the permitholder may be subjected by the division to a civil
 1560  penalty of up to $1,000 for each day the tax payment is not
 1561  remitted. All penalties imposed and collected shall be deposited
 1562  in the General Revenue Fund. If a permitholder fails to pay
 1563  penalties imposed by order of the division under this
 1564  subsection, the division may suspend or revoke the license of
 1565  the permitholder, cancel the permit of the permitholder, or deny
 1566  issuance of any further license or permit to the permitholder.
 1567         (b) In addition to the civil penalty prescribed in
 1568  paragraph (a), any willful or wanton failure by any permitholder
 1569  to make payments of the daily license fee, admission tax, tax on
 1570  handle, or breaks tax constitutes sufficient grounds for the
 1571  division to suspend or revoke the license of the permitholder,
 1572  to cancel the permit of the permitholder, or to deny issuance of
 1573  any further license or permit to the permitholder.
 1574         Section 29. Paragraph (e) of subsection (2) and paragraph
 1575  (b) of subsection (3) of section 550.09511, Florida Statutes,
 1576  are amended to read:
 1577         550.09511 Jai alai taxes; abandoned interest in a permit
 1578  for nonpayment of taxes.—
 1579         (2) Notwithstanding the provisions of s. 550.0951(3)(b),
 1580  wagering on live jai alai performances shall be subject to the
 1581  following taxes:
 1582         (e) The payment of taxes pursuant to paragraphs (b), (c),
 1583  and (d) shall be calculated and commence beginning the day after
 1584  the biweekly period in which the permitholder is first entitled
 1585  to the reduced rate specified in this section and the report of
 1586  taxes required by s. 550.0951(5) is submitted to the division.
 1587         (3)
 1588         (b) The payment of taxes pursuant to paragraph (a) shall be
 1589  calculated and commence beginning the day after the biweekly
 1590  period in which the permitholder is first entitled to the
 1591  reduced rate specified in this subsection.
 1592         Section 30. Subsection (1) of section 550.09514, Florida
 1593  Statutes, is amended to read:
 1594         550.09514 Greyhound dogracing taxes; purse requirements.—
 1595         (1) Wagering on greyhound racing is subject to a tax on
 1596  handle for live greyhound racing as specified in s. 550.0951(3).
 1597  However, each permitholder shall pay no tax on handle until such
 1598  time as this subsection has resulted in a tax savings per state
 1599  fiscal year of $360,000. Thereafter, each permitholder shall pay
 1600  the tax as specified in s. 550.0951(3) on all handle for the
 1601  remainder of the permitholder’s current race meet, and the tax
 1602  must be calculated and commence beginning the day after the
 1603  biweekly period in which the permitholder reaches the maximum
 1604  tax savings per state fiscal year provided in this section. For
 1605  the three permitholders that conducted a full schedule of live
 1606  racing in 1995, and are closest to another state that authorizes
 1607  greyhound pari-mutuel wagering, the maximum tax savings per
 1608  state fiscal year shall be $500,000. The provisions of this
 1609  subsection relating to tax exemptions shall not apply to any
 1610  charity or scholarship performances conducted pursuant to s.
 1611  550.0351.
 1612         Section 31. Subsections (1), (2), (5), (6), and (10) of
 1613  section 550.105, Florida Statutes, are amended to read:
 1614         550.105 Occupational licenses of racetrack employees; fees;
 1615  denial, suspension, and revocation of license; penalties and
 1616  fines.—
 1617         (1) Each person connected with a racetrack or jai alai
 1618  fronton, as specified in paragraph (2)(a), shall purchase from
 1619  the division an annual occupational license, which license is
 1620  valid from May 1 until June 30 of the following year. All moneys
 1621  collected pursuant to this section each fiscal year shall be
 1622  deposited into the Pari-mutuel Wagering Trust Fund. Any person
 1623  may, at her or his option and Pursuant to the rules adopted by
 1624  the division, purchase an occupational license may be valid for
 1625  a period of up to 3 years for a fee that does not exceed if the
 1626  purchaser of the license pays the full occupational license fee
 1627  for each of the years for which the license is purchased at the
 1628  time the 3-year license is requested. The occupational license
 1629  shall be valid during its specified term at any pari-mutuel
 1630  facility.
 1631         (2)(a) The following licenses shall be issued to persons or
 1632  entities with access to the backside, racing animals, jai alai
 1633  players’ room, jockeys’ room, drivers’ room, totalisator room,
 1634  the mutuels, or money room, or to persons who, by virtue of the
 1635  position they hold, might be granted access to these areas or to
 1636  any other person or entity in one of the following categories
 1637  and with scheduled annual fees not to exceed the following
 1638  amounts as follows:
 1639         1. Business licenses: any business such as a vendor,
 1640  contractual concessionaire, contract kennel, business owning
 1641  racing animals, trust or estate, totalisator company, stable
 1642  name, or other fictitious name: $50.
 1643         2. Professional occupational licenses: professional persons
 1644  with access to the backside of a racetrack or players’ quarters
 1645  in jai alai such as trainers, officials, veterinarians, doctors,
 1646  nurses, EMT’s, jockeys and apprentices, drivers, jai alai
 1647  players, owners, trustees, or any management or officer or
 1648  director or shareholder or any other professional-level person
 1649  who might have access to the jockeys’ room, the drivers’ room,
 1650  the backside, racing animals, kennel compound, or managers or
 1651  supervisors requiring access to mutuels machines, the money
 1652  room, or totalisator equipment: $40.
 1653         3. General occupational licenses: general employees with
 1654  access to the jockeys’ room, the drivers’ room, racing animals,
 1655  the backside of a racetrack or players’ quarters in jai alai,
 1656  such as grooms, kennel helpers, leadouts, pelota makers, cesta
 1657  makers, or ball boys, or a practitioner of any other occupation
 1658  who would have access to the animals, the backside, or the
 1659  kennel compound, or who would provide the security or
 1660  maintenance of these areas, or mutuel employees, totalisator
 1661  employees, money-room employees, or any employee with access to
 1662  mutuels machines, the money room, or totalisator equipment or
 1663  who would provide the security or maintenance of these areas:
 1664  $10.
 1665  
 1666  The individuals and entities that are licensed under this
 1667  paragraph require heightened state scrutiny, including the
 1668  submission by the individual licensees or persons associated
 1669  with the entities described in this chapter of fingerprints for
 1670  a Federal Bureau of Investigation criminal records check.
 1671         (b) The division shall adopt rules pertaining to pari
 1672  mutuel occupational licenses, licensing periods, and renewal
 1673  cycles.
 1674         (5)(a) The division may:
 1675         1. Deny a license to or revoke, suspend, or place
 1676  conditions upon or restrictions on a license of any person who
 1677  has been refused a license by any other state racing commission
 1678  or racing authority;
 1679         2. Deny, suspend, or place conditions on a license of any
 1680  person who is under suspension or has unpaid fines in another
 1681  jurisdiction;
 1682  
 1683  if the state racing commission or racing authority of such other
 1684  state or jurisdiction extends to the division reciprocal
 1685  courtesy to maintain the disciplinary control.
 1686         (b) The division may deny, suspend, revoke, or declare
 1687  ineligible any occupational license if the applicant for or
 1688  holder thereof has violated the provisions of this chapter or
 1689  the rules of the division governing the conduct of persons
 1690  connected with racetracks and frontons. In addition, the
 1691  division may deny, suspend, revoke, or declare ineligible any
 1692  occupational license if the applicant for such license has been
 1693  convicted in this state, in any other state, or under the laws
 1694  of the United States of a capital felony, a felony, or an
 1695  offense in any other state which would be a felony under the
 1696  laws of this state involving arson; trafficking in, conspiracy
 1697  to traffic in, smuggling, importing, conspiracy to smuggle or
 1698  import, or delivery, sale, or distribution of a controlled
 1699  substance; or a crime involving a lack of good moral character,
 1700  or has had a pari-mutuel license revoked by this state or any
 1701  other jurisdiction for an offense related to pari-mutuel
 1702  wagering.
 1703         (c) The division may deny, declare ineligible, or revoke
 1704  any occupational license if the applicant for such license has
 1705  been convicted of a felony or misdemeanor in this state, in any
 1706  other state, or under the laws of the United States, if such
 1707  felony or misdemeanor is related to gambling or bookmaking, as
 1708  contemplated in s. 849.25, or involves cruelty to animals. If
 1709  the applicant establishes that she or he is of good moral
 1710  character, that she or he has been rehabilitated, and that the
 1711  crime she or he was convicted of is not related to pari-mutuel
 1712  wagering and is not a capital offense, the restrictions
 1713  excluding offenders may be waived by the director of the
 1714  division.
 1715         (d)For purposes of this subsection, the term “convicted”
 1716  means having been found guilty, with or without adjudication of
 1717  guilt, as a result of a jury verdict, nonjury trial, or entry of
 1718  a plea of guilty or nolo contendere. However, the term
 1719  “conviction” does not apply to a crime committed prior to the
 1720  effective date of this subsection in a manner that would
 1721  invalidate any occupational license issued prior to the
 1722  effective date of this subsection or subsequent renewal for any
 1723  person holding such a license.
 1724         (e)(d) If an occupational license will expire by division
 1725  rule during the period of a suspension the division intends to
 1726  impose, or if a license would have expired but for pending
 1727  administrative charges and the occupational licensee is found to
 1728  be in violation of any of the charges, the license may be
 1729  revoked and a time period of license ineligibility may be
 1730  declared. The division may bring administrative charges against
 1731  any person not holding a current license for violations of
 1732  statutes or rules which occurred while such person held an
 1733  occupational license, and the division may declare such person
 1734  ineligible to hold a license for a period of time. The division
 1735  may impose a civil fine of up to $1,000 for each violation of
 1736  the rules of the division in addition to or in lieu of any other
 1737  penalty provided for in this section. In addition to any other
 1738  penalty provided by law, the division may exclude from all pari
 1739  mutuel facilities in this state, for a period not to exceed the
 1740  period of suspension, revocation, or ineligibility, any person
 1741  whose occupational license application has been denied by the
 1742  division, who has been declared ineligible to hold an
 1743  occupational license, or whose occupational license has been
 1744  suspended or revoked by the division.
 1745         (f)(e) The division may cancel any occupational license
 1746  that has been voluntarily relinquished by the licensee.
 1747         (6) In order to promote the orderly presentation of pari
 1748  mutuel meets authorized in this chapter, the division may issue
 1749  a temporary occupational license. The division shall adopt rules
 1750  to implement this subsection. However, no temporary occupational
 1751  license shall be valid for more than 30 days, and no more than
 1752  one temporary license may be issued for any person in any year.
 1753         (10)(a) Upon application for an occupational license, the
 1754  division may require the applicant’s full legal name; any
 1755  nickname, alias, or maiden name for the applicant; name of the
 1756  applicant’s spouse; the applicant’s date of birth, residence
 1757  address, mailing address, residence address and business phone
 1758  number, and social security number; disclosure of any felony or
 1759  any conviction involving bookmaking, illegal gambling, or
 1760  cruelty to animals; disclosure of any past or present
 1761  enforcement or actions by any racing or gaming agency against
 1762  the applicant; and any information the division determines is
 1763  necessary to establish the identity of the applicant or to
 1764  establish that the applicant is of good moral character.
 1765  Fingerprints shall be taken in a manner approved by the division
 1766  and then shall be submitted to the Federal Bureau of
 1767  Investigation, or to the association of state officials
 1768  regulating pari-mutuel wagering pursuant to the Federal Pari
 1769  mutuel Licensing Simplification Act of 1988. The cost of
 1770  processing fingerprints shall be borne by the applicant and paid
 1771  to the association of state officials regulating pari-mutuel
 1772  wagering from the trust fund to which the processing fees are
 1773  deposited. The division shall require each applicant for an
 1774  occupational license to have the applicant’s signature witnessed
 1775  and notarized or signed in the presence of a division official.
 1776  The division, by rule, may require additional information from
 1777  licensees which is reasonably necessary to regulate the
 1778  industry. The division may, by rule, exempt certain occupations
 1779  or groups of persons from the fingerprinting requirements.
 1780         (b)All fingerprints required by this section which are
 1781  submitted to the Department of Law Enforcement shall be retained
 1782  by the Department of Law Enforcement and entered into the
 1783  statewide automated fingerprint identification system as
 1784  authorized by s. 943.05(2)(b) and shall be available for all
 1785  purposes and uses authorized for arrest fingerprint cards
 1786  entered into the statewide automated fingerprint identification
 1787  system pursuant to s. 943.051.
 1788         (c)The Department of Law Enforcement shall search all
 1789  arrest fingerprints received pursuant to s. 943.051 against the
 1790  fingerprints retained in the statewide automated fingerprint
 1791  identification system under paragraph (b). Any arrest record
 1792  that is identified with the retained fingerprints of a person
 1793  subject to the criminal history screening requirements of this
 1794  section shall be reported to the division. Each licensee shall
 1795  pay a fee to the division for the cost of retention of the
 1796  fingerprints and the ongoing searches under this paragraph. The
 1797  division shall forward the payment to the Department of Law
 1798  Enforcement. The amount of the fee to be imposed for performing
 1799  these searches and the procedures for the retention of licensee
 1800  fingerprints shall be as established by rule of the Department
 1801  of Law Enforcement. The division shall inform the Department of
 1802  Law Enforcement of any change in the license status of licensees
 1803  whose fingerprints are retained under paragraph (b).
 1804         (d)The division shall request the Department of Law
 1805  Enforcement to forward the fingerprints to the Federal Bureau of
 1806  Investigation for a national criminal history records check at
 1807  least once every 5 years following issuance of a license. If the
 1808  fingerprints of a person who is licensed have not been retained
 1809  by the Department of Law Enforcement, the person must file a
 1810  complete set of fingerprints as provided in paragraph (a). The
 1811  division shall collect the fees for the cost of the national
 1812  criminal history record check under this paragraph and forward
 1813  the payment to the Department of Law Enforcement. The cost of
 1814  processing fingerprints and conducting a criminal history record
 1815  check under this paragraph for a general occupational license
 1816  shall be borne by the applicant. The cost of processing
 1817  fingerprints and conducting a criminal history record check
 1818  under this paragraph for a business or professional occupational
 1819  license shall be borne by the person being checked. The
 1820  Department of Law Enforcement may invoice the division for the
 1821  fingerprints submitted each month. Under penalty of perjury,
 1822  each person who is licensed or who is fingerprinted as required
 1823  by this section must agree to inform the division within 48
 1824  hours if he or she is convicted of or has entered a plea of
 1825  guilty or nolo contendere to any disqualifying offense,
 1826  regardless of adjudication.
 1827         Section 32. Section 550.135, Florida Statutes, is amended
 1828  to read:
 1829         550.135 Division of moneys derived under this law.—All
 1830  moneys that are deposited with the Chief Financial Officer to
 1831  the credit of the Pari-mutuel Wagering Trust Fund shall be
 1832  distributed as follows:
 1833         (1) The daily license fee revenues collected pursuant to s.
 1834  550.0951(1) shall be used to fund the operating cost of the
 1835  division and to provide a proportionate share of the operation
 1836  of the office of the secretary and the Division of
 1837  Administration of the Department of Business and Professional
 1838  Regulation; however, other collections in the Pari-mutuel
 1839  Wagering Trust Fund may also be used to fund the operation of
 1840  the division in accordance with authorized appropriations.
 1841         (2) All unappropriated funds in excess of $1.5 million in
 1842  the Pari-mutuel Wagering Trust Fund, collected pursuant to this
 1843  chapter, shall be deposited with the Chief Financial Officer to
 1844  the credit of the General Revenue Fund.
 1845         (3) The slot machine license fee, the slot machine
 1846  occupational license fee, and the compulsive or addictive
 1847  gambling prevention program fee collected pursuant to ss.
 1848  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
 1849  direct and indirect operating expenses of the division’s slot
 1850  machine regulation operations and to provide funding for
 1851  relevant enforcement activities in accordance with authorized
 1852  appropriations. Funds deposited into the Pari-mutuel Wagering
 1853  Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1., and 551.118
 1854  shall be reserved in the trust fund for slot machine regulation
 1855  operations. On June 30, any unappropriated funds in excess of
 1856  those necessary for incurred obligations and subsequent year
 1857  cash flow for slot machine regulation operations shall be
 1858  deposited with the Chief Financial Officer to the credit of the
 1859  General Revenue Fund.
 1860         (4)The electronic gaming machine license fee, the
 1861  electronic gaming machine occupational license fee, and the
 1862  compulsive or addictive gambling prevention program fee
 1863  collected pursuant to subsection (1) of section 7 of this act
 1864  and subsection (3) of section 17 of this act shall be used to
 1865  fund the direct and indirect operating expenses of the
 1866  division’s electronic gaming machine regulation operations and
 1867  to provide funding for relevant enforcement activities in
 1868  accordance with authorized appropriations. Funds deposited into
 1869  the Pari-mutuel Wagering Trust Fund pursuant to subsection (1)
 1870  of section 7 of this act and subsection (3) of section 17 of
 1871  this act shall be reserved in the trust fund for electronic
 1872  gaming machine regulation and enforcement operations. On June
 1873  30, any unappropriated funds in excess of those necessary for
 1874  incurred obligations and subsequent year cash flow for
 1875  electronic gaming machine regulation and enforcement operations
 1876  shall be deposited with the Chief Financial Officer to the
 1877  credit of the General Revenue Fund.
 1878         Section 33. Subsection (6) of section 550.2415, Florida
 1879  Statutes, is amended to read:
 1880         550.2415 Racing of animals under certain conditions
 1881  prohibited; penalties; exceptions.—
 1882         (6)(a) It is the intent of the Legislature that animals
 1883  that participate in races in this state on which pari-mutuel
 1884  wagering is conducted and animals that are bred and trained in
 1885  this state for racing be treated humanely, both on and off
 1886  racetracks, throughout the lives of the animals.
 1887         (b) The division shall, by rule, establish the procedures
 1888  for euthanizing greyhounds. However, a greyhound may not be put
 1889  to death by any means other than by lethal injection of the drug
 1890  sodium pentobarbital. A greyhound may not be removed from this
 1891  state for the purpose of being destroyed.
 1892         (c) It is a violation of this chapter for an occupational
 1893  licensee to train a greyhound using live or dead animals. A
 1894  greyhound may not be taken from this state for the purpose of
 1895  being trained through the use of live or dead animals.
 1896         (d) Any act committed by any licensee which would
 1897  constitute A conviction of cruelty to animals as defined in
 1898  pursuant to s. 828.12 involving any a racing animal constitutes
 1899  a violation of this chapter. Imposition of any penalty by the
 1900  division for a violation of this chapter or any rule adopted by
 1901  the division pursuant to this chapter does not prohibit a
 1902  criminal prosecution for cruelty to animals.
 1903         (e)The division may inspect any area at a pari-mutuel
 1904  facility where racing animals are raced, trained, housed, or
 1905  maintained, including any areas where food, medications, or
 1906  other supplies are kept, to ensure the humane treatment of
 1907  racing animals and compliance with this chapter and the rules of
 1908  the division.
 1909         Section 34. Subsection (5) is added to section 550.26165,
 1910  Florida Statutes, is amended to read:
 1911         550.26165 Breeders’ awards.—
 1912         (5)(a)The awards programs in this chapter, which are
 1913  intended to encourage thoroughbred breeding and training
 1914  operations to locate in this state, must be responsive to
 1915  rapidly changing incentive programs in other states. To attract
 1916  such operations, it is appropriate to provide greater
 1917  flexibility to thoroughbred industry participants in this state
 1918  so that they may design competitive awards programs.
 1919         (b)Notwithstanding any other provision of law to the
 1920  contrary, the Florida Thoroughbred Breeders’ Association, as
 1921  part of its annual plan, may:
 1922         1.Pay breeders’ awards on horses finishing in first,
 1923  second, or third place in thoroughbred horse races; pay
 1924  breeders’ awards that are greater than 20 percent and less than
 1925  15 percent of the announced gross purse; and vary the rates for
 1926  breeders’ awards, based upon the place of finish, class of race,
 1927  state or country in which the race took place, and the state in
 1928  which the stallion siring the horse was standing when the horse
 1929  was conceived;
 1930         2.Pay stallion awards on horses finishing in first,
 1931  second, or third place in thoroughbred horse races; pay stallion
 1932  awards that are greater than 20 percent and less than 15 percent
 1933  of the announced gross purse; reduce or eliminate stallion
 1934  awards to enhance breeders’ awards or awards under subparagragh
 1935  3.; and vary the rates for stallion awards, based upon the place
 1936  of finish, class of race, and state or country in which the race
 1937  took place; and
 1938         3.Pay awards from the funds dedicated for breeders’ awards
 1939  and stallion awards to owners of registered Florida-bred horses
 1940  finishing in first, second, or third place in thoroughbred horse
 1941  races in this state, without regard to any awards paid pursuant
 1942  to s. 550.2625(6).
 1943         (c)Breeders’ awards or stallion awards under this chapter
 1944  may not be paid on thoroughbred horse races taking place in
 1945  other states or countries unless agreed to in writing by all
 1946  thoroughbred permitholders in this state, the Florida
 1947  Thoroughbred Breeders’ Association, and the Florida Horsemen’s
 1948  Benevolent and Protective Association, Inc.
 1949         Section 35. Paragraph (e) is added to subsection (6) of
 1950  section 550.2625, Florida Statutes, to read:
 1951         550.2625 Horseracing; minimum purse requirement, Florida
 1952  breeders’ and owners’ awards.—
 1953         (6)
 1954         (e)This subsection governs owners’ awards paid on
 1955  thoroughbred races only in this state, unless a written
 1956  agreement is filed with the division establishing the rate,
 1957  procedures, and eligibility requirements for owners’ awards,
 1958  including place of finish, class of race, maximum purse, and
 1959  maximum award, and the agreement is entered into by the
 1960  permitholder, the Florida Thoroughbred Breeders’ Association,
 1961  and the association representing a majority of the racehorse
 1962  owners and trainers at the permitholder’s location.
 1963         Section 36. Section 550.334, Florida Statutes, is amended
 1964  to read:
 1965         550.334 Quarter horse racing; substitutions.—
 1966         (1)Subject to all the applicable provisions of this
 1967  chapter, any person who possesses the qualifications prescribed
 1968  in this chapter may apply to the division for a permit to
 1969  conduct quarter horse race meetings and racing under this
 1970  chapter. The applicant must demonstrate that the location or
 1971  locations where the permit will be used are available for such
 1972  use and that she or he has the financial ability to satisfy the
 1973  reasonably anticipated operational expenses of the first racing
 1974  year following final issuance of the permit. If the racing
 1975  facility is already built, the application must contain a
 1976  statement, with reasonable supporting evidence, that the permit
 1977  will be used for quarter horse racing within 1 year after the
 1978  date on which it is granted; if the facility is not already
 1979  built, the application must contain a statement, with reasonable
 1980  supporting evidence, that substantial construction will be
 1981  started within 1 year after the issuance of the permit. After
 1982  receipt of an application, the division shall convene to
 1983  consider and act upon permits applied for. The division shall
 1984  disapprove an application if it fails to meet the requirements
 1985  of this chapter. Upon each application filed and approved, a
 1986  permit shall be issued setting forth the name of the applicant
 1987  and a statement showing qualifications of the applicant to
 1988  conduct racing under this chapter. If a favorable referendum on
 1989  a pari-mutuel facility has not been held previously within the
 1990  county, then, before a quarter horse permit may be issued by the
 1991  division, a referendum ratified by a majority of the electors in
 1992  the county is required on the question of allowing quarter horse
 1993  races within that county.
 1994         (2)After a quarter horse racing permit has been granted by
 1995  the division, the department shall grant to the lawful holder of
 1996  such permit, subject to the conditions of this section, a
 1997  license to conduct quarter horse racing under this chapter; and
 1998  the division shall fix annually the time when, place where, and
 1999  number of days upon which racing may be conducted by such
 2000  quarter horse racing permitholder. After the first license has
 2001  been issued to the holder of a permit for quarter horse racing,
 2002  all subsequent annual applications for a license by a
 2003  permitholder must be accompanied by proof, in such form as the
 2004  division requires, that the permitholder still possesses all the
 2005  qualifications prescribed by this chapter. The division may
 2006  revoke any permit or license issued under this section upon the
 2007  willful violation by the licensee of any provision of this
 2008  chapter or any rule adopted by the division under this chapter.
 2009  The division shall revoke any quarter horse permit under which
 2010  no live racing has ever been conducted before July 7, 1990, for
 2011  failure to conduct a horse meet pursuant to the license issued
 2012  where a full schedule of horseracing has not been conducted for
 2013  a period of 18 months commencing on October 1, 1990, unless the
 2014  permitholder has commenced construction on a facility at which a
 2015  full schedule of live racing could be conducted as approved by
 2016  the division. “Commenced construction” means initiation of and
 2017  continuous activities beyond site preparation associated with
 2018  erecting or modifying a horseracing facility, including
 2019  procurement of a building permit applying the use of approved
 2020  construction documents, proof of an executed owner/contractor
 2021  agreement or an irrevocable or binding forced account, and
 2022  actual undertaking of foundation forming with steel installation
 2023  and concrete placing. The 18-month period shall be extended by
 2024  the division, to the extent that the applicant demonstrates to
 2025  the satisfaction of the division that good faith commencement of
 2026  the construction of the facility is being delayed by litigation
 2027  or by governmental action or inaction with respect to
 2028  regulations or permitting precluding commencement of the
 2029  construction of the facility.
 2030         (1)(3) The operator of any licensed racetrack is authorized
 2031  to lease such track to any quarter horse racing permitholder for
 2032  the conduct of quarter horse racing under this chapter.
 2033         (4)Section 550.054 is inapplicable to quarter horse racing
 2034  as permitted under this section. All other provisions of this
 2035  chapter apply to, govern, and control such racing, and the same
 2036  must be conducted in compliance therewith.
 2037         (2)(5) Quarter horses participating in such races must be
 2038  duly registered by the American Quarter Horse Association, and
 2039  before each race such horses must be examined and declared in
 2040  fit condition by a qualified person designated by the division.
 2041         (3)(6) Any quarter horse racing days permitted under this
 2042  chapter are in addition to any other racing permitted under the
 2043  license issued the track where such quarter horse racing is
 2044  conducted.
 2045         (4)(7)(a) Any quarter horse racing permitholder operating
 2046  under a valid permit issued by the division is authorized to
 2047  substitute races of other breeds of horses, except
 2048  thoroughbreds, which are, respectively, registered with the
 2049  American Paint Horse Association, Appaloosa Horse Club, Arabian
 2050  Horse Registry of America, Palomino Horse Breeders of America,
 2051  or United States Trotting Association, for no more than 50
 2052  percent of the quarter horse races daily, and may substitute
 2053  races of thoroughbreds registered with the Jockey Club for no
 2054  more than 50 percent of the quarter horse races daily with the
 2055  written consent of all greyhound, harness, and thoroughbred
 2056  permitholders whose pari-mutuel facilities are located within 50
 2057  air miles of such quarter horse racing permitholder’s pari
 2058  mutuel facility.
 2059         (b) Any permittee operating within an area of 50 air miles
 2060  of a licensed thoroughbred track may not substitute thoroughbred
 2061  races under this section while a thoroughbred horse race meet is
 2062  in progress within that 50 miles. Any permittee operating within
 2063  an area of 125 air miles of a licensed thoroughbred track may
 2064  not substitute live thoroughbred races under this section while
 2065  a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
 2066  is conducting a thoroughbred meet within that 125 miles. These
 2067  mileage restrictions do not apply to any permittee that holds a
 2068  nonwagering permit issued pursuant to s. 550.505.
 2069         (5)(8) A quarter horse permit issued pursuant to this
 2070  section is not eligible for transfer or conversion to another
 2071  type of pari-mutuel operation.
 2072         (6)(9) Any nonprofit corporation, including, but not
 2073  limited to, an agricultural cooperative marketing association,
 2074  organized and incorporated under the laws of this state may
 2075  apply for a quarter horse racing permit and operate racing meets
 2076  under such permit, provided all pari-mutuel taxes and fees
 2077  applicable to such racing are paid by the corporation. However,
 2078  insofar as its pari-mutuel operations are concerned, the
 2079  corporation shall be considered to be a corporation for profit
 2080  and is subject to taxation on all property used and profits
 2081  earned in connection with its pari-mutuel operations.
 2082         (7)(10) Intertrack wagering shall not be authorized for any
 2083  quarter horse permitholder without the written consent of all
 2084  greyhound, harness, and thoroughbred permitholders whose pari
 2085  mutuel facilities are located within 50 air miles of such
 2086  quarter horse permitholder’s pari-mutuel facility.
 2087         Section 37. Section 550.3355, Florida Statutes, is amended
 2088  to read:
 2089         550.3355 Harness track licenses for summer quarter horse
 2090  racing.—Any harness track licensed to operate under the
 2091  provisions of s. 550.375 may make application for, and shall be
 2092  issued by the division, a license to operate not more than 50
 2093  quarter horse racing days during the summer season, which shall
 2094  extend from July 1 June 1 until October 1 September 1 of each
 2095  year. However, this license to operate quarter horse racing for
 2096  50 days is in addition to the racing days and dates provided in
 2097  s. 550.375 for harness racing during the winter seasons; and, it
 2098  does not affect the right of such licensee to operate harness
 2099  racing at the track as provided in s. 550.375 during the winter
 2100  season. All provisions of this chapter governing quarter horse
 2101  racing not in conflict herewith apply to the operation of
 2102  quarter horse meetings authorized hereunder, except that all
 2103  quarter horse racing permitted hereunder shall be conducted at
 2104  night.
 2105         Section 38. Section 550.3605, Florida Statutes, is
 2106  repealed.
 2107         Section 39. Section 550.5251, Florida Statutes, is amended
 2108  to read:
 2109         550.5251 Florida thoroughbred racing; certain permits;
 2110  operating days.—
 2111         (1)Each thoroughbred permitholder under whose permit
 2112  thoroughbred racing was conducted in this state at any time
 2113  between January 1, 1987, and January 1, 1988, shall annually be
 2114  entitled to apply for and annually receive thoroughbred racing
 2115  days and dates as set forth in this section. As regards such
 2116  permitholders, the annual thoroughbred racing season shall be
 2117  from June 1 of any year through May 31 of the following year and
 2118  shall be known as the “Florida Thoroughbred Racing Season.”
 2119         (1)(2) Each thoroughbred permitholder referred to in
 2120  subsection (1) shall annually, during the period commencing
 2121  December 15 of each year and ending January 4 of the following
 2122  year, file in writing with the division its application to
 2123  conduct one or more thoroughbred racing meetings during the
 2124  thoroughbred racing season commencing on the following July June
 2125  1. Each application shall specify the number and dates of all
 2126  performances that the permitholder intends to conduct during
 2127  that thoroughbred racing season. On or before February 15 of
 2128  each year, the division shall issue a license authorizing each
 2129  permitholder to conduct performances on the dates specified in
 2130  its application. By February 28 Up to March 31 of each year,
 2131  each permitholder may request and shall be granted changes in
 2132  its authorized performances; but thereafter, as a condition
 2133  precedent to the validity of its license and its right to retain
 2134  its permit, each permitholder must operate the full number of
 2135  days authorized on each of the dates set forth in its license.
 2136         (3)Each thoroughbred permit referred to in subsection (1),
 2137  including, but not limited to, any permit originally issued as a
 2138  summer thoroughbred horse racing permit, is hereby validated and
 2139  shall continue in full force and effect.
 2140         (2)(4) A thoroughbred racing permitholder may not begin any
 2141  race later than 7 p.m. Any thoroughbred permitholder in a county
 2142  in which the authority for cardrooms has been approved by the
 2143  board of county commissioners may operate a cardroom and, when
 2144  conducting live races during its current race meet, may receive
 2145  and rebroadcast out-of-state races after the hour of 7 p.m. on
 2146  any day during which the permitholder conducts live races.
 2147         (3)(5)(a) Each licensed thoroughbred permitholder in this
 2148  state must run an average of one race per racing day in which
 2149  horses bred in this state and duly registered with the Florida
 2150  Thoroughbred Breeders’ Association have preference as entries
 2151  over non-Florida-bred horses, unless otherwise agreed to in
 2152  writing by the permitholder, the Florida Thoroughbred Breeders’
 2153  Association, and the association representing a majority of the
 2154  thoroughbred racehorse owners and trainers at that location. All
 2155  licensed thoroughbred racetracks shall write the conditions for
 2156  such races in which Florida-bred horses are preferred so as to
 2157  assure that all Florida-bred horses available for racing at such
 2158  tracks are given full opportunity to run in the class of races
 2159  for which they are qualified. The opportunity of running must be
 2160  afforded to each class of horses in the proportion that the
 2161  number of horses in this class bears to the total number of
 2162  Florida-bred horses available. A track is not required to write
 2163  conditions for a race to accommodate a class of horses for which
 2164  a race would otherwise not be run at the track during its meet
 2165  meeting.
 2166         (b) Each licensed thoroughbred permitholder in this state
 2167  may run one additional race per racing day composed exclusively
 2168  of Arabian horses registered with the Arabian Horse Registry of
 2169  America. Any licensed thoroughbred permitholder that elects to
 2170  run one additional race per racing day composed exclusively of
 2171  Arabian horses registered with the Arabian Horse Registry of
 2172  America is not required to provide stables for the Arabian
 2173  horses racing under this paragraph.
 2174         (c) Each licensed thoroughbred permitholder in this state
 2175  may run up to three additional races per racing day composed
 2176  exclusively of quarter horses registered with the American
 2177  Quarter Horse Association.
 2178         (6)Notwithstanding the provisions of subsection (2), a
 2179  thoroughbred permitholder who fails to operate all performances
 2180  on its 2001-2002 license does not lose its right to retain its
 2181  permit. Such thoroughbred permitholder is eligible for issuance
 2182  of an annual license pursuant to s. 550.0115 for subsequent
 2183  thoroughbred racing seasons. The division shall take no
 2184  disciplinary action against such thoroughbred permitholder for
 2185  failure to operate all licensed performances for the 2001-2002
 2186  license pursuant to this section or s. 550.01215. This section
 2187  may not be interpreted to prohibit the division from taking
 2188  disciplinary action against a thoroughbred permitholder for
 2189  failure to pay taxes on performances operated pursuant to its
 2190  2001-2002 license. This subsection expires July 1, 2003.
 2191         (7)A thoroughbred permitholder shall file an amendment
 2192  with the division no later than July 1, 2002, that indicates
 2193  that it will not be able to operate the performances scheduled
 2194  on its 2002-2003 license without imposition of any penalty for
 2195  failure to operate all licensed performances provided in this
 2196  chapter. This subsection expires July 1, 2003.
 2197         Section 40. Section 550.810, Florida Statutes, is created
 2198  to read:
 2199         550.810Historical racing.—
 2200         (1)Subject to the requirements of this section and
 2201  compliance with the rules adopted by the division, a licensed
 2202  pari-mutuel facility may operate a historical racing system if:
 2203         (a)No identifying information about any race or the
 2204  competing horses or dogs in that race is revealed to a patron
 2205  until after the patron’s wagers is irrevocably placed;
 2206         (b)The results of a patron’s wager are shown to the patron
 2207  using video or mechanical displays, or both, and the patron has
 2208  the opportunity to view all or any portion of the race;
 2209         (c)The historical racing takes place under a licensed
 2210  pari-mutuel permit that has run a full schedules of live racing
 2211  3 years prior to the date of application for licensure for
 2212  historic racing, and the pari-mutuel permitholder also holds a
 2213  cardroom license; and
 2214         (d)The licensed pari-mutuel permit holder has paid the fee
 2215  in s. 550.0951(5)(d).
 2216         (2)(a)Historic racing may not be authorized to a
 2217  permitholder licensed under chapter 550, Florida Statutes, to
 2218  conduct live pari-mutuel wagering races or games unless the
 2219  permitholder has on file with the division the following binding
 2220  written agreements governing the payment of awards and purses on
 2221  the handle generated from historic racing conducted at the
 2222  licensee’s pari-mutuel facility:
 2223         1.For a thoroughbred permitholder, an agreement governing
 2224  the payment of purses between the permitholder and the Florida
 2225  Horsemen’s Benevolent and Protective Association, Inc., or the
 2226  association representing a majority of the thoroughbred owners
 2227  and trainers at the permitholder’s eligible facility located as
 2228  described in s. 550.615(9), Florida Statutes, and an agreement
 2229  governing the payment of awards between the permitholder and the
 2230  Florida Thoroughbred Breeders’ Association;
 2231         2.For a harness permitholder, an agreement governing the
 2232  payment of purses and awards between the permitholder and the
 2233  Florida Standardbred Breeders and Owners Association;
 2234         3.For a greyhound permitholder, an agreement governing the
 2235  payment of purses between the permitholder and the Florida
 2236  Greyhound Association, Inc.;
 2237         4.For a quarter horse permitholder, an agreement governing
 2238  the payment of purses between the applicant and the Florida
 2239  Quarter Horse Racing Association, and an agreement governing the
 2240  payment of awards between the permitholder and the Florida
 2241  Quarter Horse Breeders and Owners Association; or
 2242         5.For a jai alai permitholder, an agreement governing the
 2243  payment of player awards between the permitholder and the
 2244  International Jai Alai Players Association or a binding written
 2245  agreement approved by a majority of the jai alai players at the
 2246  permitholder’s eligible facility at which the applicant has a
 2247  permit issued after January 1, 2000, to conduct jai alai.
 2248         (b)The agreements may direct the payment of purses and
 2249  awards from revenues generated by any wagering or games the
 2250  applicant is authorized to conduct under state law. All purses
 2251  and awards are subject to the terms of chapter 550, Florida
 2252  Statutes. All sums for breeders’, stallion, and special racing
 2253  awards shall be remitted monthly to the respective breeders
 2254  association for the payment of awards, subject to the
 2255  administrative fees authorized under chapter 550, Florida
 2256  Statutes.
 2257         (3)The amount of historical racing wagering terminals may
 2258  be:
 2259         (a)A licensed greyhound facility may have 500 historical
 2260  racing terminals.
 2261         (b)A licensed thoroughbred facility may have 500
 2262  historical racing terminals.
 2263         (c)A licensed harness track facility may have 500
 2264  historical racing terminals.
 2265         (d)A licensed quarter horse facility may have 500
 2266  historical racing terminals.
 2267         (e)A licensed jai alai facility may have 500 historical
 2268  racing terminals.
 2269         (4)The moneys wagered on races via the historical racing
 2270  system shall be separated from the moneys wagered on live races
 2271  conducted at, and on other races simulcast to, the licensee’s
 2272  facility.
 2273         (5)The division shall adopt rules necessary to implement,
 2274  administer, and regulate the operation of historical racing
 2275  systems in this state. The rules must include:
 2276         (a)Procedures for regulating, managing, and auditing the
 2277  operation, financial data, and program information relating to
 2278  historical racing systems that enable the division to audit the
 2279  operation, financial data, and program information of pari
 2280  mutuel facility authorized to operate a historical racing
 2281  system.
 2282         (b)Technical requirements to operate a historical racing
 2283  system.
 2284         (c)Procedures to require licensees to maintain specified
 2285  records and submit any data, information, record, or report,
 2286  including financial and income records, required by this act or
 2287  rules of the division.
 2288         (d)Procedures relating to historical racing system
 2289  revenues, including verifying and accounting for such revenues,
 2290  auditing, and collecting taxes and fees.
 2291         (e)Minimum standards for security of the facilities,
 2292  including floor plans, security cameras, and other security
 2293  equipment.
 2294         (f)Procedures to ensure that a historical racing machine
 2295  does not enter the state and be offered for play until it has
 2296  been tested and certified by a licensed testing laboratory for
 2297  play in the state. The procedures shall address measures to
 2298  scientifically test and technically evaluate electronic gaming
 2299  machines for compliance with laws and rules regulating
 2300  historical racing machines. The division may contract with an
 2301  independent testing laboratory to conduct any necessary testing.
 2302  The independent testing laboratory must have a national
 2303  reputation indicating that it is demonstrably competent and
 2304  qualified to scientifically test and evaluate that the
 2305  historical racing systems perform the functions required by laws
 2306  and rules regulating historical racing machines. An independent
 2307  testing laboratory may not be owned or controlled by a licensee.
 2308  The selection of an independent laboratory for any purpose
 2309  related to the conduct of historical racing systems by a
 2310  licensee shall be made from a list of laboratories approved by
 2311  the division. The division shall adopt rules regarding the
 2312  testing, certification, control, and approval of historical
 2313  racing systems.
 2314         (6)Notwithstanding any other provision of the law, the
 2315  proceeds of pari-mutuel tickets purchased for historical racing
 2316  that are not redeemed within 1 year after purchase shall be
 2317  divided as follows:
 2318         (a)Fifty percent shall be retained by the permitholder;
 2319  and
 2320         (b)Fifty percent shall be paid into the permitholder’s
 2321  purse account.
 2322         Section 41. Subsection (7) of section 551.102, Florida
 2323  Statutes, is amended to read:
 2324         551.102 Definitions.—As used in this chapter, the term:
 2325         (7) “Progressive system” means a computerized system
 2326  linking slot machines in one or more licensed facilities within
 2327  this state or other jurisdictions and offering one or more
 2328  common progressive payouts based on the amounts wagered.
 2329         Section 42. Paragraph (j) of subsection (4) of section
 2330  551.104, Florida Statutes, is amended to read:
 2331         551.104 License to conduct slot machine gaming.—
 2332         (4) As a condition of licensure and to maintain continued
 2333  authority for the conduct of slot machine gaming, the slot
 2334  machine licensee shall:
 2335         (j) Ensure that the payout percentage of a slot machine
 2336  gaming facility is at least no less than 85 percent.
 2337         Section 43. Paragraph (a) of subsection (1), paragraph (a)
 2338  of subsection (2), and subsection (3) of section 551.106,
 2339  Florida Statutes, are amended to read:
 2340         551.106 License fee; tax rate; penalties.—
 2341         (1) LICENSE FEE.—
 2342         (a) Upon submission of the initial application for a slot
 2343  machine license and annually thereafter, on the anniversary date
 2344  of the issuance of the initial license, the licensee must pay to
 2345  the division a nonrefundable license fee of $2 million $3
 2346  million for the succeeding 12 months of licensure. The license
 2347  fee shall be deposited into the Pari-mutuel Wagering Trust Fund
 2348  of the Department of Business and Professional Regulation to be
 2349  used by the division and the Department of Law Enforcement for
 2350  investigations, regulation of slot machine gaming, and
 2351  enforcement of slot machine gaming provisions under this
 2352  chapter. These payments shall be accounted for separately from
 2353  taxes or fees paid pursuant to the provisions of chapter 550.
 2354         (2) TAX ON SLOT MACHINE REVENUES.—
 2355         (a) The tax rate on slot machine revenues at each facility
 2356  shall be 35 percent 50 percent.
 2357         (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
 2358  on slot machine revenues imposed by this section shall be paid
 2359  to the division. The division shall deposit these sums with the
 2360  Chief Financial Officer, to the credit of the Pari-mutuel
 2361  Wagering Trust Fund. The slot machine licensee shall remit to
 2362  the division payment for the tax on slot machine revenues. Such
 2363  payments shall be remitted by 3 p.m. on the 5th day of each
 2364  calendar month Wednesday of each week for taxes imposed and
 2365  collected for the preceding calendar month week ending on
 2366  Sunday. The slot machine licensee shall file a report under oath
 2367  by the 5th day of each calendar month for all taxes remitted
 2368  during the preceding calendar month. Such payments shall be
 2369  accompanied by a report under oath showing all slot machine
 2370  gaming activities for the preceding calendar month and such
 2371  other information as may be prescribed by the division.
 2372         Section 44. Subsection (1) of section 551.113, Florida
 2373  Statutes, is amended to read:
 2374         551.113 Persons prohibited from playing slot machines.—
 2375         (1) A person who has not attained 18 21 years of age may
 2376  not play or operate a slot machine or have access to the
 2377  designated slot machine gaming area of a facility of a slot
 2378  machine licensee.
 2379         Section 45. Subsection (5) of section 551.121, Florida
 2380  Statutes, is amended to read:
 2381         551.121 Prohibited activities and devices; exceptions.—
 2382         (5) A slot machine, or the computer operating system
 2383  linking the slot machine, may be linked by any means to any
 2384  other slot machine or computer operating system within the
 2385  facility of a slot machine licensee. A progressive system may
 2386  not be used in conjunction with slot machines between licensed
 2387  facilities in Florida or in other jurisdictions.
 2388         Section 46. Paragraph (a) of subsection (1) and paragraph
 2389  (a) of subsection (2) of section 772.102, Florida Statutes, are
 2390  amended to read:
 2391         772.102 Definitions.—As used in this chapter, the term:
 2392         (1) “Criminal activity” means to commit, to attempt to
 2393  commit, to conspire to commit, or to solicit, coerce, or
 2394  intimidate another person to commit:
 2395         (a) Any crime that is chargeable by indictment or
 2396  information under the following provisions:
 2397         1. Section 210.18, relating to evasion of payment of
 2398  cigarette taxes.
 2399         2. Section 414.39, relating to public assistance fraud.
 2400         3. Section 440.105 or s. 440.106, relating to workers’
 2401  compensation.
 2402         4. Part IV of chapter 501, relating to telemarketing.
 2403         5. Chapter 517, relating to securities transactions.
 2404         6. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2405  relating to dogracing and horseracing.
 2406         7. Chapter 550, relating to jai alai frontons.
 2407         8. Chapter 552, relating to the manufacture, distribution,
 2408  and use of explosives.
 2409         9. Chapter 562, relating to beverage law enforcement.
 2410         10. Section 624.401, relating to transacting insurance
 2411  without a certificate of authority, s. 624.437(4)(c)1., relating
 2412  to operating an unauthorized multiple-employer welfare
 2413  arrangement, or s. 626.902(1)(b), relating to representing or
 2414  aiding an unauthorized insurer.
 2415         11. Chapter 687, relating to interest and usurious
 2416  practices.
 2417         12. Section 721.08, s. 721.09, or s. 721.13, relating to
 2418  real estate timeshare plans.
 2419         13. Chapter 782, relating to homicide.
 2420         14. Chapter 784, relating to assault and battery.
 2421         15. Chapter 787, relating to kidnapping or human
 2422  trafficking.
 2423         16. Chapter 790, relating to weapons and firearms.
 2424         17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
 2425  796.07, relating to prostitution.
 2426         18. Chapter 806, relating to arson.
 2427         19. Section 810.02(2)(c), relating to specified burglary of
 2428  a dwelling or structure.
 2429         20. Chapter 812, relating to theft, robbery, and related
 2430  crimes.
 2431         21. Chapter 815, relating to computer-related crimes.
 2432         22. Chapter 817, relating to fraudulent practices, false
 2433  pretenses, fraud generally, and credit card crimes.
 2434         23. Section 827.071, relating to commercial sexual
 2435  exploitation of children.
 2436         24. Chapter 831, relating to forgery and counterfeiting.
 2437         25. Chapter 832, relating to issuance of worthless checks
 2438  and drafts.
 2439         26. Section 836.05, relating to extortion.
 2440         27. Chapter 837, relating to perjury.
 2441         28. Chapter 838, relating to bribery and misuse of public
 2442  office.
 2443         29. Chapter 843, relating to obstruction of justice.
 2444         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2445  s. 847.07, relating to obscene literature and profanity.
 2446         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2447  849.25, relating to gambling.
 2448         32. Chapter 893, relating to drug abuse prevention and
 2449  control.
 2450         33. Section 914.22 or s. 914.23, relating to witnesses,
 2451  victims, or informants.
 2452         34. Section 918.12 or s. 918.13, relating to tampering with
 2453  jurors and evidence.
 2454         (2) “Unlawful debt” means any money or other thing of value
 2455  constituting principal or interest of a debt that is legally
 2456  unenforceable in this state in whole or in part because the debt
 2457  was incurred or contracted:
 2458         (a) In violation of any one of the following provisions of
 2459  law:
 2460         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2461  relating to dogracing and horseracing.
 2462         2. Chapter 550, relating to jai alai frontons.
 2463         3. Section 687.071, relating to criminal usury, loan
 2464  sharking, and shylocking.
 2465         4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2466  849.25, relating to gambling.
 2467         Section 47. Paragraphs (a) and (b) of subsection (5),
 2468  subsections (6) and (7), paragraphs (b) and (c) of subsection
 2469  (8), and paragraphs (a) and (b) of subsection (12) of section
 2470  849.086, Florida Statutes, are amended to read:
 2471         849.086 Cardrooms authorized.—
 2472         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 2473  operate a cardroom in this state unless such person holds a
 2474  valid cardroom license issued pursuant to this section.
 2475         (a) Only those persons holding a valid cardroom license
 2476  issued by the division may operate a cardroom. A cardroom
 2477  license may only be issued to a licensed pari-mutuel
 2478  permitholder and an authorized cardroom may only be operated at
 2479  the same facility at which the permitholder is authorized under
 2480  its valid pari-mutuel wagering permit to conduct pari-mutuel
 2481  wagering activities. An initial cardroom license only shall be
 2482  issued to a pari-mutuel permitholder that has run a full
 2483  schedule of live races as defined in s. 550.002(11) for the
 2484  previous 2 fiscal years prior to application for a license and
 2485  only if the permitholder is licensed to conduct a full schedule
 2486  of live races or games during the state fiscal year in which the
 2487  initial cardroom license is issued.
 2488         (b) After the initial cardroom license is granted, the
 2489  application for the annual license renewal shall be made in
 2490  conjunction with the applicant’s annual application for its
 2491  pari-mutuel license. If a permitholder has operated a cardroom
 2492  during any of the 3 previous fiscal years and fails to include a
 2493  renewal request for the operation of the cardroom in its annual
 2494  application for license renewal, the permitholder may amend its
 2495  annual application to include operation of the cardroom. In
 2496  order for a cardroom license to be renewed the applicant must
 2497  have requested, as part of its pari-mutuel annual license
 2498  application, to conduct at least 90 percent of the total number
 2499  of live performances conducted by such permitholder during
 2500  either the state fiscal year in which its initial cardroom
 2501  license was issued or the state fiscal year immediately prior
 2502  thereto if the permitholder ran at least a full schedule of live
 2503  races or games in the prior year. If the application is for a
 2504  harness permitholder cardroom, the applicant must have requested
 2505  authorization to conduct a minimum of 140 live performances
 2506  during the state fiscal year immediately prior thereto. If more
 2507  than one permitholder is operating at a facility, each
 2508  permitholder must have applied for a license to conduct a full
 2509  schedule of live racing.
 2510         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 2511  APPLICATION; FEES.—
 2512         (a) A person employed or otherwise working in a cardroom as
 2513  a cardroom manager, floor supervisor, pit boss, dealer, or any
 2514  other activity related to cardroom operations while the facility
 2515  is conducting card playing or games of dominoes must hold a
 2516  valid cardroom employee occupational license issued by the
 2517  division. Food service, maintenance, and security employees with
 2518  a current pari-mutuel occupational license and a current
 2519  background check will not be required to have a cardroom
 2520  employee occupational license.
 2521         (b) Any cardroom management company or cardroom distributor
 2522  associated with cardroom operations must hold a valid cardroom
 2523  business occupational license issued by the division.
 2524         (c) No licensed cardroom operator may employ or allow to
 2525  work in a cardroom any person unless such person holds a valid
 2526  occupational license. No licensed cardroom operator may
 2527  contract, or otherwise do business with, a business required to
 2528  hold a valid cardroom business occupational license, unless the
 2529  business holds such a valid license.
 2530         (d) The division shall establish, by rule, a schedule for
 2531  the annual renewal of cardroom occupational licenses. Cardroom
 2532  occupational licenses are not transferable.
 2533         (e) Persons seeking cardroom occupational licenses, or
 2534  renewal thereof, shall make application on forms prescribed by
 2535  the division. Applications for cardroom occupational licenses
 2536  shall contain all of the information the division, by rule, may
 2537  determine is required to ensure eligibility.
 2538         (f) The division shall promulgate rules regarding cardroom
 2539  occupational licenses. The provisions specified in s.
 2540  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 2541  shall be applicable to cardroom occupational licenses.
 2542         (g) The division may deny, declare ineligible, or revoke
 2543  any cardroom occupational license if the applicant or holder
 2544  thereof has been found guilty or had adjudication withheld in
 2545  this state or any other state, or under the laws of the United
 2546  States of a felony or misdemeanor involving forgery, larceny,
 2547  extortion, conspiracy to defraud, or filing false reports to a
 2548  government agency, racing or gaming commission or authority.
 2549         (h) Fingerprints for all cardroom occupational license
 2550  applications shall be taken in a manner approved by the division
 2551  and then shall be submitted to the Florida Department of Law
 2552  Enforcement and the Federal Bureau of Investigation for a
 2553  criminal records check upon initial application and every 5
 2554  years thereafter. The division may by rule require an annual
 2555  record check of all renewal applications for a cardroom
 2556  occupational license. The cost of processing fingerprints and
 2557  conducting a record check shall be borne by the applicant.
 2558         (i) The cardroom employee occupational license fee shall
 2559  not exceed be $50 for any 12-month period. The cardroom business
 2560  occupational license fee shall not exceed be $250 for any 12
 2561  month period.
 2562         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 2563         (a) A cardroom may be operated only at the location
 2564  specified on the cardroom license issued by the division, and
 2565  such location may only be the location at which the pari-mutuel
 2566  permitholder is authorized to conduct pari-mutuel wagering
 2567  activities pursuant to such permitholder’s valid pari-mutuel
 2568  permit or as otherwise authorized by law. Cardroom operations
 2569  may not be allowed beyond the hours provided in paragraph (b)
 2570  regardless of the number of cardroom licenses issued for
 2571  permitholders operating at the pari-mutuel facility.
 2572         (b) Any cardroom operator horserace, greyhound race, or jai
 2573  alai permitholder licensed under this section may operate a
 2574  cardroom at the pari-mutuel facility daily throughout the year,
 2575  on any day for a cumulative amount of 12 hours if the
 2576  permitholder meets the requirements under paragraph (5)(b). The
 2577  cardroom may be open a cumulative amount of 18 hours per day on
 2578  Monday through Friday and 24 hours per day on Saturday and
 2579  Sunday and on the holidays specified in s. 110.117(1).
 2580         (c) A cardroom operator must at all times employ and
 2581  provide a nonplaying dealer for each table on which authorized
 2582  card games which traditionally use a dealer are conducted at the
 2583  cardroom. Such dealers may not have a participatory interest in
 2584  any game other than the dealing of cards and may not have an
 2585  interest in the outcome of the game. The providing of such
 2586  dealers by a licensee does not constitute the conducting of a
 2587  banking game by the cardroom operator.
 2588         (d) A cardroom operator may award giveaways, jackpots, and
 2589  prizes to a player who holds certain combinations of cards
 2590  specified by the cardroom operator.
 2591         (e) Each cardroom operator shall conspicuously post upon
 2592  the premises of the cardroom a notice which contains a copy of
 2593  the cardroom license; a list of authorized games offered by the
 2594  cardroom; the wagering limits imposed by the house, if any; any
 2595  additional house rules regarding operation of the cardroom or
 2596  the playing of any game; and all costs to players to
 2597  participate, including any rake by the house. In addition, each
 2598  cardroom operator shall post at each table a notice of the
 2599  minimum and maximum bets authorized at such table and the fee
 2600  for participation in the game conducted.
 2601         (f) The cardroom facility is subject to inspection by the
 2602  division or any law enforcement agency during the licensee’s
 2603  regular business hours. The inspection must specifically include
 2604  the permitholder internal control procedures approved by the
 2605  division.
 2606         (g) A cardroom operator may refuse entry to or refuse to
 2607  allow any person who is objectionable, undesirable, or
 2608  disruptive to play, but such refusal may not be on the basis of
 2609  race, creed, color, religion, gender, national origin, marital
 2610  status, physical handicap, or age, except as provided in this
 2611  section.
 2612         (8) METHOD OF WAGERS; LIMITATION.—
 2613         (b) The cardroom operator may limit the amount wagered in
 2614  any game or series of games, but the maximum bet may not exceed
 2615  $5 in value. There may not be more than three raises in any
 2616  round of betting. The fee charged by the cardroom for
 2617  participation in the game shall not be included in the
 2618  calculation of the limitation on the bet amount provided in this
 2619  paragraph. However, A cardroom operator may conduct games of
 2620  Texas Hold-em without a betting limit if the required player
 2621  buy-in is no more than $100.
 2622         (c) A tournament shall consist of a series of games. The
 2623  entry fee for a tournament may be set by the cardroom operator,
 2624  including any re-buys, may not exceed the maximum amount that
 2625  could be wagered by a participant in 10 like-kind, nontournament
 2626  games under paragraph (b). Tournaments may be played only with
 2627  tournament chips that are provided to all participants in
 2628  exchange for an entry fee and any subsequent re-buys. All
 2629  players must receive an equal number of tournament chips for
 2630  their entry fee. Tournament chips have no cash value and
 2631  represent tournament points only. There is no limitation on the
 2632  number of tournament chips that may be used for a bet except as
 2633  otherwise determined by the cardroom operator. Tournament chips
 2634  may never be redeemed for cash or for any other thing of value.
 2635  The distribution of prizes and cash awards must be determined by
 2636  the cardroom operator before entry fees are accepted. For
 2637  purposes of tournament play only, the term “gross receipts”
 2638  means the total amount received by the cardroom operator for all
 2639  entry fees, player re-buys, and fees for participating in the
 2640  tournament less the total amount paid to the winners or others
 2641  as prizes.
 2642         (12) PROHIBITED ACTIVITIES.—
 2643         (a)1.A No person licensed to operate a cardroom may not
 2644  conduct any banking game or any game not specifically authorized
 2645  by this section except as provided in subparagraph (b)2.
 2646         (b) A No person under 18 years of age may not be permitted
 2647  to hold a cardroom or employee license, or engage in any game
 2648  conducted therein.
 2649         2.Cardroom licensees located in Miami-Dade County and
 2650  Broward County who are slot machine licensees pursuant to
 2651  chapter 551 and have conducted a full schedule of live racing
 2652  pursuant to s. 550.002(11) for the prior 2 fiscal years may
 2653  conduct the game of blackjack if the Governor and the Seminole
 2654  Tribe of Florida enter into a signed compact that permits the
 2655  Seminole Tribe of Florida the ability to play roulette or
 2656  roulette-style games or craps or craps-style games, and only if
 2657  the compact is approved or deemed approved by the Department of
 2658  the Interior and properly noticed in the Federal Register.
 2659         Section 48. Subsection (2) of section 849.15, Florida
 2660  Statutes, is amended to read:
 2661         849.15 Manufacture, sale, possession, etc., of coin
 2662  operated devices prohibited.—
 2663         (2) Pursuant to section 2 of that chapter of the Congress
 2664  of the United States entitled “An act to prohibit transportation
 2665  of gaming devices in interstate and foreign commerce,” approved
 2666  January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
 2667  designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
 2668  acting by and through the duly elected and qualified members of
 2669  its Legislature, does hereby in this section, and in accordance
 2670  with and in compliance with the provisions of section 2 of such
 2671  chapter of Congress, declare and proclaim that any county of the
 2672  State of Florida within which slot machine gaming is authorized
 2673  pursuant to chapter 551 or electronic gaming or historical
 2674  racing is authorized at eligible pari-mutuel facilities is
 2675  exempt from the provisions of section 2 of that chapter of the
 2676  Congress of the United States entitled “An act to prohibit
 2677  transportation of gaming devices in interstate and foreign
 2678  commerce,” designated as 15 U.S.C. ss. 1171-1177, approved
 2679  January 2, 1951. All shipments of gaming devices, including slot
 2680  machines, electronic gaming machines, and historical racing
 2681  systems, into any county of this state within which slot machine
 2682  gaming is authorized pursuant to chapter 551 or electronic
 2683  gaming or historical racing is authorized at eligible pari
 2684  mutuel facilities and the registering, recording, and labeling
 2685  of which have been duly performed by the manufacturer or
 2686  distributor thereof in accordance with sections 3 and 4 of that
 2687  chapter of the Congress of the United States entitled “An act to
 2688  prohibit transportation of gaming devices in interstate and
 2689  foreign commerce,” approved January 2, 1951, being ch. 1194, 64
 2690  Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
 2691  shall be deemed legal shipments thereof into this state provided
 2692  the destination of such shipments is an eligible facility as
 2693  defined in s. 551.102 or the facility of a slot machine
 2694  manufacturer or slot machine distributor as provided in s.
 2695  551.109(2), a certified educational facility, or the facility of
 2696  an electronic gaming machine or hitorical racing system
 2697  manufacturer or electronic gaming machine or historical racing
 2698  system distributor authorized to possess electronic gaming
 2699  machines as provided in the act authorizing electronic gaming
 2700  machines or historical racing systems at eligible pari-mutuel
 2701  facilities s. 551.109(2)(a).
 2702         Section 49. Subsection (3) is added to section 849.161,
 2703  Florida Statutes, to read:
 2704         849.161 Amusement games or machines; when chapter
 2705  inapplicable.—
 2706         (3)This chapter does not apply to licensed cardroom
 2707  operators having historical racing systems pursuant to chapter
 2708  550 which operate by means of the insertion of coin, currency,
 2709  or voucher and which by application of an element of skill may
 2710  entitle the person playing or operating the game or machine to
 2711  receive payouts from one or more pari-mutuel pools.
 2712         Section 50. Subsections (1) and (2) of section 895.02,
 2713  Florida Statutes, are amended to read:
 2714         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 2715         (1) “Racketeering activity” means to commit, to attempt to
 2716  commit, to conspire to commit, or to solicit, coerce, or
 2717  intimidate another person to commit:
 2718         (a) Any crime that is chargeable by petition, indictment,
 2719  or information under the following provisions of the Florida
 2720  Statutes:
 2721         1. Section 210.18, relating to evasion of payment of
 2722  cigarette taxes.
 2723         2. Section 316.1935, relating to fleeing or attempting to
 2724  elude a law enforcement officer and aggravated fleeing or
 2725  eluding.
 2726         3. Section 403.727(3)(b), relating to environmental
 2727  control.
 2728         4. Section 409.920 or s. 409.9201, relating to Medicaid
 2729  fraud.
 2730         5. Section 414.39, relating to public assistance fraud.
 2731         6. Section 440.105 or s. 440.106, relating to workers’
 2732  compensation.
 2733         7. Section 443.071(4), relating to creation of a fictitious
 2734  employer scheme to commit unemployment compensation fraud.
 2735         8. Section 465.0161, relating to distribution of medicinal
 2736  drugs without a permit as an Internet pharmacy.
 2737         9. Section 499.0051, relating to crimes involving
 2738  contraband and adulterated drugs.
 2739         10. Part IV of chapter 501, relating to telemarketing.
 2740         11. Chapter 517, relating to sale of securities and
 2741  investor protection.
 2742         12. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2743  relating to dogracing and horseracing.
 2744         13. Chapter 550, relating to jai alai frontons.
 2745         14. Section 551.109, relating to slot machine gaming.
 2746         15. Chapter 552, relating to the manufacture, distribution,
 2747  and use of explosives.
 2748         16. Chapter 560, relating to money transmitters, if the
 2749  violation is punishable as a felony.
 2750         17. Chapter 562, relating to beverage law enforcement.
 2751         18. Section 624.401, relating to transacting insurance
 2752  without a certificate of authority, s. 624.437(4)(c)1., relating
 2753  to operating an unauthorized multiple-employer welfare
 2754  arrangement, or s. 626.902(1)(b), relating to representing or
 2755  aiding an unauthorized insurer.
 2756         19. Section 655.50, relating to reports of currency
 2757  transactions, when such violation is punishable as a felony.
 2758         20. Chapter 687, relating to interest and usurious
 2759  practices.
 2760         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 2761  real estate timeshare plans.
 2762         22. Section 775.13(5)(b), relating to registration of
 2763  persons found to have committed any offense for the purpose of
 2764  benefiting, promoting, or furthering the interests of a criminal
 2765  gang.
 2766         23. Section 777.03, relating to commission of crimes by
 2767  accessories after the fact.
 2768         24. Chapter 782, relating to homicide.
 2769         25. Chapter 784, relating to assault and battery.
 2770         26. Chapter 787, relating to kidnapping or human
 2771  trafficking.
 2772         27. Chapter 790, relating to weapons and firearms.
 2773         28. Chapter 794, relating to sexual battery, but only if
 2774  such crime was committed with the intent to benefit, promote, or
 2775  further the interests of a criminal gang, or for the purpose of
 2776  increasing a criminal gang member’s own standing or position
 2777  within a criminal gang.
 2778         29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
 2779  796.05, or s. 796.07, relating to prostitution and sex
 2780  trafficking.
 2781         30. Chapter 806, relating to arson and criminal mischief.
 2782         31. Chapter 810, relating to burglary and trespass.
 2783         32. Chapter 812, relating to theft, robbery, and related
 2784  crimes.
 2785         33. Chapter 815, relating to computer-related crimes.
 2786         34. Chapter 817, relating to fraudulent practices, false
 2787  pretenses, fraud generally, and credit card crimes.
 2788         35. Chapter 825, relating to abuse, neglect, or
 2789  exploitation of an elderly person or disabled adult.
 2790         36. Section 827.071, relating to commercial sexual
 2791  exploitation of children.
 2792         37. Chapter 831, relating to forgery and counterfeiting.
 2793         38. Chapter 832, relating to issuance of worthless checks
 2794  and drafts.
 2795         39. Section 836.05, relating to extortion.
 2796         40. Chapter 837, relating to perjury.
 2797         41. Chapter 838, relating to bribery and misuse of public
 2798  office.
 2799         42. Chapter 843, relating to obstruction of justice.
 2800         43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2801  s. 847.07, relating to obscene literature and profanity.
 2802         44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2803  849.25, relating to gambling.
 2804         45. Chapter 874, relating to criminal gangs.
 2805         46. Chapter 893, relating to drug abuse prevention and
 2806  control.
 2807         47. Chapter 896, relating to offenses related to financial
 2808  transactions.
 2809         48. Sections 914.22 and 914.23, relating to tampering with
 2810  or harassing a witness, victim, or informant, and retaliation
 2811  against a witness, victim, or informant.
 2812         49. Sections 918.12 and 918.13, relating to tampering with
 2813  jurors and evidence.
 2814         50.Provisions of law relating to electronic gaming and
 2815  electronic gaming machines or historical racing systems at
 2816  eligible pari-mutuel facilities.
 2817         (b) Any conduct defined as “racketeering activity” under 18
 2818  U.S.C. s. 1961(1).
 2819         (2) “Unlawful debt” means any money or other thing of value
 2820  constituting principal or interest of a debt that is legally
 2821  unenforceable in this state in whole or in part because the debt
 2822  was incurred or contracted:
 2823         (a) In violation of any one of the following provisions of
 2824  law:
 2825         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2826  relating to dogracing and horseracing.
 2827         2. Chapter 550, relating to jai alai frontons.
 2828         3. Section 551.109, relating to slot machine gaming.
 2829         4. Chapter 687, relating to interest and usury.
 2830         5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2831  849.25, relating to gambling.
 2832         6.Provisions of law relating to electronic gaming and
 2833  electronic gaming machines or historical racing systems at
 2834  eligible pari-mutuel facilities.
 2835         (b) In gambling activity in violation of federal law or in
 2836  the business of lending money at a rate usurious under state or
 2837  federal law.
 2838         Section 51. (1)(a)For the 2009-2010 fiscal year, 110 full
 2839  time equivalent positions and 3,551,808 in associated salary
 2840  rate are authorized, and the sums of $9,281,870 in recurring
 2841  funds and $4,514,405 in nonrecurring funds are appropriated from
 2842  the Pari-mutuel Wagering Trust Fund of the Department of
 2843  Business and Professional Regulation for the purpose of carrying
 2844  out all regulatory activities provided in this act. The
 2845  Executive Office of the Governor shall place these positions,
 2846  associated rate, and funds in reserve until the Executive Office
 2847  of the Governor has approved an expenditure plan and a budget
 2848  amendment submitted by the Department of Business and
 2849  Professional Regulation recommending the transfer of such funds
 2850  to traditional appropriation categories. Any action proposed
 2851  pursuant to this paragraph is subject to the procedures set
 2852  forth in s. 216.177, Florida Statutes.
 2853         (b)For the 2009-2010 fiscal year, the sums of $4,849,500
 2854  in recurring funds and $1,176,308 in nonrecurring funds are
 2855  appropriated from the Pari-mutuel Wagering Trust Fund of the
 2856  Department of Business and Professional Regulation for transfer
 2857  to the Operating Trust Fund of the Department of Law Enforcement
 2858  for the purpose of investigations, intelligence gathering,
 2859  background investigations, and any other responsibilities as
 2860  provided in this act.
 2861         (2)For the 2009-2010 fiscal year, 61 full-time equivalent
 2862  positions and 2,604,216 in associated salary rate are
 2863  authorized, and the sums of $4,849,500 in recurring funds and
 2864  $1,176,308 in nonrecurring funds are appropriated from the
 2865  Operating Trust Fund of the Department of Law Enforcement for
 2866  the purpose of investigations, intelligence gathering,
 2867  background investigations, and any other responsibilities as
 2868  provided by this act. The Executive Office of the Governor shall
 2869  place these positions, associated rate, and funds in reserve
 2870  until the Executive Office of the Governor has approved an
 2871  expenditure plan and a budget amendment submitted by the
 2872  Department of Law Enforcement recommending the transfer of such
 2873  funds to traditional appropriation categories. Any action
 2874  proposed pursuant to this subsection is subject to the
 2875  procedures set forth in s. 216.177, Florida Statutes.
 2876         (3)For the 2009-2010 fiscal year, the sum of $1 million in
 2877  recurring funds is appropriated from the Pari-mutuel Wagering
 2878  Trust Fund of the Department of Business and Professional
 2879  Regulation from revenues received pursuant to s. 551.118,
 2880  Florida Statutes, for contract services related to the
 2881  prevention of compulsive and addictive gambling.
 2882         Section 52. Sections 1 and 52 of this act shall take effect
 2883  upon becoming a law if SB 788 or substantially similar
 2884  legislation is adopted during the 2009 legislative session, or
 2885  an extension thereof, and becomes law; except that, sections 2
 2886  through 51 of this act shall take effect only if the Governor
 2887  and an authorized representative of the Seminole Tribe of
 2888  Florida execute an Indian gaming compact pursuant to the Indian
 2889  Gaming Regulatory Act of 1988 and the requirements of SB 788, or
 2890  similar legislation, and only if such compact is approved or
 2891  deemed approved by the United States Department of the Interior,
 2892  and such sections shall take effect on the date that the
 2893  approved compact is published in the Federal Register.

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