Florida Senate - 2009                       CS for CS for SB 836
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Regulated Industries; and Senators Jones and King
       
       
       
       576-04888-09                                           2009836c2
    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 for the additional tax that a
  102         municipality may assess for live racing to apply to
  103         additional specified games; providing procedures for
  104         criminal history record checks; amending s. 550.135,
  105         F.S.; providing for the reservation of electronic
  106         gaming machine fees in a trust fund; amending s.
  107         550.2415, F.S.; providing that cruelty to any animal
  108         is a violation of ch. 550, F.S.; authorizing the
  109         Division of Pari-mutuel Wagering to inspect areas are
  110         located; amending s. 550.26165, F.S.; providing
  111         legislative intent to attract thoroughbred training
  112         and breeding to this state; authorizing the Florida
  113         Thoroughbred Breeders’ Association to pay certain
  114         awards as part of its pay plan; amending s. 550.2625,
  115         F.S.; limiting the application of requirements for
  116         minimum purses and awards to this state; amending s.
  117         550.334, F.S.; deleting a provision for issuing a
  118         permit to conduct quarter horse race meetings;
  119         deleting a provision for issuing a license to conduct
  120         quarter horse racing; deleting provisions to revoke
  121         such permit or license for certain violations or
  122         failure to conduct live racing; removing an exception
  123         to specified permit application provisions; revising
  124         the authority of a quarter horse racing permitholder
  125         to substitute horse breeds; deleting a requirement for
  126         a quarter horse permitholder to have the consent of
  127         certain other permitholders within a certain distance
  128         to engage in intertrack wagering; amending s.
  129         550.3355, F.S.; revising the time period for a harness
  130         track summer season; repealing s. 550.3605, F.S.,
  131         relating to the use of electronic transmitting
  132         equipment on the premises of a horse or dog racetrack
  133         or jai alai fronton; amending s. 550.5251, F.S.;
  134         deleting provisions relating to racing days and dates
  135         for thoroughbred permitholders that conducted races
  136         between certain dates; revising provisions relating to
  137         thoroughbred racing dates and minimum number of races;
  138         creating s. 550.810, F.S.; specifying requirements for
  139         historical racing systems; limiting the number of
  140         historical terminals in certain pari-mutuel
  141         facilities; authorizing the Division of Pari-mutuel
  142         wagering to adopt rules regulating historical racing;
  143         providing for the disposition of pari-mutuel tickets
  144         that are not redeemed within a certain period of time;
  145         amending s. 551.102, F.S.; clarifying the definition
  146         of the term “progressive system”; amending s. 551.104,
  147         F.S.; providing that the payout percentage of a slot
  148         machine facility must be at least 85 percent;
  149         specifying the licensing fee for slot machine gaming;
  150         specifying the rate of tax on slot machine revenues;
  151         revising the due date for slot machine taxes; amending
  152         s. 551.113, F.S.; prohibiting a person who is younger
  153         than 18 years of age from playing a slot machine;
  154         amending s. 551.121, F.S.; authorizing a progressive
  155         system to be used in conjunction with slot machines
  156         between licensed facilities; amending s. 772.102,
  157         F.S.; revising the definition of “criminal activity”;
  158         conforming cross-references; amending s. 849.161,
  159         F.S.; providing that ch. 849, F.S., does not apply to
  160         certain mechanical historical racing systems; amending
  161         s. 849.086, F.S.; requiring an applicant for a
  162         cardroom licensed to have run a full schedule of live
  163         races; specifying maximum license fees for
  164         occupational licenses for cardroom employees and
  165         cardroom businesses; limiting the hours of cardroom
  166         operations; revising the maximum bet and entry fee for
  167         tournaments; expanding the authorization for cardroom
  168         activities contingent upon a compact with the Seminole
  169         Tribe of Florida; amending s. 849.15, F.S.;
  170         authorizing the possession of certain gambling
  171         devices; amending s. 895.02, F.S.; revising the
  172         definitions of “racketeering activity” and “unlawful
  173         debt”; conforming cross-references; providing an
  174         appropriation and the creation of full-time equivalent
  175         positions; providing contingent effective dates.
  176  
  177  Be It Enacted by the Legislature of the State of Florida:
  178  
  179         Section 1. The Legislature finds that the pari-mutuel
  180  industry has played an important part in the development of this
  181  state and that it is a vital part of the state’s economy. The
  182  Legislature also recognizes that many individuals and small
  183  businesses provide services to the pari-mutuel industry and rely
  184  upon the continued vigor of the industry to survive. The pari
  185  mutuel industry and these individuals and small business employ
  186  many Floridians, pay a variety of taxes to support state and
  187  local governmental activities, and contribute to the economy of
  188  this state. Given the important role played by the industry, and
  189  the individuals and small businesses associated with it, as well
  190  as the current state of the economy in the United States in
  191  general and in Florida in particular, the Legislature finds that
  192  in order to preserve the industry, to ensure continued
  193  employment for many Floridians, and to preserve and improve the
  194  state’s revenues, measures must be taken to eliminate
  195  unnecessary regulations, encourage business and regulatory
  196  efficiency, reduce unnecessary tax burdens, and increase
  197  revenues to the state.
  198         Section 2. Electronic gaming machines authorized.—An
  199  electronic gaming machine licensee may possess electronic gaming
  200  machines and operate electronic gaming machines at an eligible
  201  facility, as defined by section 3. of this act, where the
  202  licensee is authorized to conduct pari-mutuel wagering
  203  activities under to chapter 550, Florida Statutes.
  204  Notwithstanding any other provision of law, it is not a crime
  205  for a person to participate in electronic gaming at a facility
  206  licensed to possess electronic gaming machines or to operate
  207  electronic gaming machines.
  208         Section 3. As used in this act, the term:
  209         (1)“Bingo” or “game of bingo” means the game of chance
  210  commonly known as “bingo,” which may include the use of
  211  electronic, computer, or other technological aids. Such aids may
  212  include entertainment displays, including spinning reels, video
  213  displays, associated bonus displays, and video poker. The game
  214  of bingo requires at least two live players competing for a
  215  common prize. The prizes result from a random draw or electronic
  216  determination and release or announcement of numbers or other
  217  designations necessary to form the predesignated game-winning
  218  pattern on an electronic bingo card. A game of bingo ends when a
  219  player receives a predesignated game-winning pattern and
  220  consolation prizes, if any, are awarded. The game of bingo does
  221  not include house-banked games or electronic or
  222  electromechanical facsimiles of any other game of chance or slot
  223  machine of any kind.
  224         (2)“Bonus prize” means a prize awarded in a bingo game in
  225  addition to the game-winning prize. The term includes prizes
  226  based on predesignated and preannounced patterns that differ
  227  from the game-winning pattern, a winning pattern in a specified
  228  quantity of numbers or designations drawn or electronically
  229  determined and released, or any combination of these patterns.
  230  The term includes a prize awarded as an interim prize while
  231  players are competing for the game-winning prize or as a
  232  consolation prize after a player has won the game-winning prize.
  233         (3)“Designated electronic gaming machine area” means any
  234  area of a facility of an electronic gaming machine licensee in
  235  which electronic gaming may be conducted.
  236         (4)“Distributor” means any person who sells, leases,
  237  offers, or otherwise provides, distributes, or services any
  238  electronic gaming machine or associated equipment, software, or
  239  other functions required for use or play of electronic gaming
  240  machines in this state. The term may include a manufacturer.
  241         (5)“Division” means the Division of Pari-mutuel Wagering
  242  of the Department of Business and Professional Regulation.
  243         (6)“Electronic game” means an electronically simulated
  244  bingo game that:
  245         (a)Is played on an electronic gaming machine that, upon
  246  insertion of a ticket, or an electronic or account-based card,
  247  is available to play or simulate a game of bingo played on a
  248  network of electronic gaming machines;
  249         (b)Is not house-banked;
  250         (c)May award bonus prizes and progressive prizes; and
  251         (d)May make provide payoffs to players in the form of
  252  tickets or electronic or account-based credits that may be
  253  exchanged for cash, merchandise, or other items of value.
  254         (7)“Electronic gaming machine” means a player station,
  255  machine, or device, including associated equipment that is
  256  required to operate the player station, machine, or device, upon
  257  which an electronic game is played or operated. An electronic
  258  gaming machine:
  259         (a)May include spinning reels, video displays, video
  260  poker, or other similar technologies to convey outcomes to a
  261  player of simulated bingo as approved by the division.
  262         (b)Must display one or more bingo cards used in the game
  263  before numbers or other designations for the game are randomly
  264  drawn.
  265         (c)Must display any card in use by a player during game
  266  play.
  267         (d)Must be directly linked to a central computer for
  268  purposes of security, monitoring, and auditing. The central
  269  computer may not limit a facility’s ability to deploy its
  270  electronic player tracking or electronic gaming accounting
  271  system. However, such systems must use a widely accepted open
  272  communications protocol to ensure interoperability among all
  273  manufacturers and to provide a player with the ability to
  274  seamlessly alternate play between the electronic gaming machines
  275  and electronic gaming machines of different licensed
  276  manufacturers.
  277         (e)Is not a coin-operated amusement machine as defined in
  278  s. 212.02, Florida Statutes, or an amusement game or machine as
  279  described in s. 849.161, Florida Statutes. Electronic gaming
  280  machines are not subject to the tax imposed by s. 212.05(1)(h),
  281  Florida Statutes.
  282         (8)“Electronic gaming machine facility” means an eligible
  283  facility at which electronic gaming machines are lawfully
  284  offered for play.
  285         (9)“Electronic gaming machine license” means a license
  286  issued by the division authorizing a licensee under chapter 550,
  287  Florida Statutes, to place and operate electronic gaming
  288  machines in an eligible facility.
  289         (10)“Electronic gaming machine revenues” means all cash
  290  and property, except nonredeemable credits, received by the
  291  electronic gaming machine licensee from the operation of
  292  electronic gaming machines, less the amount of cash, cash
  293  equivalents, credits, and prizes paid to winners of electronic
  294  games.
  295         (11)Eligible facility” means a facility at which a
  296  licensee under chapter 550, Florida Statutes, has run a full
  297  schedule of live racing, as defined in s. 550.002(11), Florida
  298  Statutes, and is a cardroom license holder, but not a slot
  299  machine facility licensed under chapter 551, Florida Statutes.
  300         (12)“Game-winning pattern” means a predetermined pattern
  301  on an electronic bingo card. Each game must have one game
  302  winning pattern or arrangement that must be common to all
  303  players and may be won by multiple players simultaneously. A
  304  game-winning prize must be awarded in every game. The pattern
  305  designated as the game-winning pattern need not pay the highest
  306  prize available in the game. Other patterns may be designated
  307  for the award of bonus prizes in addition to the prize to
  308  awarded based on the game-winning pattern.
  309         (13)“Manufacturer” means any person who manufactures,
  310  builds, rebuilds, fabricates, assembles, produces, programs,
  311  designs, or modifies any electronic gaming machine or associated
  312  equipment for use or play in this state for gaming purposes.
  313         (14)“Nonredeemable credits” means electronic gaming
  314  machine operating credits that may not be redeemed for cash or
  315  any other thing of value by an electronic gaming machine, kiosk,
  316  or the electronic gaming machine licensee and that are provided
  317  for free to patrons. The credits become nonredeemable credits
  318  when they are metered as credit into an electronic gaming
  319  machine and recorded in the facility-based monitoring system.
  320         (15)“Progressive prize” means an established prize for a
  321  bingo game that is:
  322         (a)Funded by a percentage of each player’s purchase or
  323  wager within one or more licensed facilities for a specific
  324  progressive bingo game;
  325         (b)Awarded to a player who obtains a specific
  326  predesignated and preannounced pattern having a specified
  327  quantity of numbers or designations randomly drawn and released
  328  or electronically determined or randomly drawn and released or
  329  electronically determined in a specified sequence; and
  330         (c)Rolled over to each subsequent specific progressive
  331  bingo game until it is won.
  332         Section 4. Powers and duties of the Division of Pari-Mutuel
  333  Wagering and the Department of Law Enforcement.—
  334         (1)The division shall adopt rules necessary to implement,
  335  administer, and regulate the operation of electronic gaming
  336  machines in this state. The rules shall include:
  337         (a)Procedures for applying for and renewing electronic
  338  gaming machine licenses.
  339         (b)Technical requirements and qualifications to receive an
  340  electronic gaming machine license or electronic gaming machine
  341  occupational license.
  342         (c)Procedures to ensure that an electronic game or
  343  electronic gaming machine does not enter the state or is not
  344  offered for play until it has been tested and certified by a
  345  licensed testing laboratory for play in the state.
  346         (d)Procedures to test, certify, control, and approve
  347  electronic games and electronic gaming machines. The procedures
  348  shall address measures to scientifically test and technically
  349  evaluate electronic gaming machines for compliance with the
  350  applicable laws and rules. The division may contract with an
  351  independent testing laboratory to conduct any necessary testing.
  352  The independent testing laboratory must have a national
  353  reputation indicating that it is demonstrably competent and
  354  qualified to scientifically test and evaluate electronic games
  355  and electronic gaming machines and to perform the functions
  356  required by this act. An independent testing laboratory may not
  357  be owned or controlled by a licensee. The selection of an
  358  independent testing laboratory for any purpose related to the
  359  conduct of electronic gaming machines by a licensee shall be
  360  made from a list of laboratories approved by the division.
  361         (e)Procedures relating to electronic gaming machine
  362  revenues, including verifying and accounting for such revenues,
  363  auditing, and collecting taxes and fees.
  364         (f)1.Procedures to regulate, manage, and audit the
  365  operation, financial data, and program information relating to
  366  electronic gaming machines which enable the division and the
  367  Department of Law Enforcement to audit the operation, financial
  368  data, and program information of an electronic gaming machine
  369  licensee required by the division or the Department of Law
  370  Enforcement.
  371         2.Procedures to allow the division and the Department of
  372  Law Enforcement to:
  373         a.Monitor, at any time on a real-time basis, wagering
  374  patterns, payouts, tax collection, and compliance with division
  375  rules;
  376         b.Suspend play immediately on particular electronic gaming
  377  machines if the facilities-based computer system indicates
  378  possible tampering with or manipulation of the electronic gaming
  379  machines; and
  380         c.Immediately suspend play of the entire operation if the
  381  facilities-based computer system may have been tampered with or
  382  manipulated. The division shall notify the Department of Law
  383  Enforcement or the Department of Law Enforcement shall notify
  384  the division, as appropriate, when there is a suspension of play
  385  under this subparagraph. The division and the Department of Law
  386  Enforcement shall exchange information that is necessary for and
  387  cooperate in the investigation of the circumstances resulting in
  388  suspension of play.
  389         (g)Procedures to require each licensee operating
  390  electronic gaming machines, at the licensee’s expense, to supply
  391  the division with a bond having the penal sum of $2 million
  392  payable to the Chief Financial Officer. Any bond shall be issued
  393  by a surety approved by the division and the Chief Financial
  394  Officer, conditioned to pay the Chief Financial Officer as
  395  treasurer of the division. The licensee must keep its books and
  396  records and make reports as provided in this act and conduct
  397  electronic gaming machine operations in conformity with this act
  398  and other provisions of law. Such bond shall be separate from
  399  the bond required in s. 550.125, Florida Statutes.
  400         (h)Procedures to require licensees to maintain specified
  401  records and submit any data, information, records, or reports,
  402  including financial and income records, required by this act or
  403  rules of the division.
  404         (i)A requirement that the payout percentage of an
  405  electronic gaming machine facility be at least 85 percent. The
  406  theoretical payout percentage shall be determined using standard
  407  methods of probability theory.
  408         (j)Minimum standards of security for the facilities,
  409  including floor plans, security cameras, and other security
  410  equipment.
  411         (k)Procedures to require electronic gaming machine
  412  licensees to implement and establish drug-testing programs for
  413  all electronic gaming machine occupational licensees.
  414         (2)The division shall conduct investigations necessary to
  415  fulfill its responsibilities to regulate electronic gaming
  416  machine facilities.
  417         (3)The Department of Law Enforcement and local law
  418  enforcement agencies have concurrent jurisdiction to investigate
  419  criminal violations of laws regulating electronic gaming
  420  facilities and may investigate any other criminal violation of
  421  law occurring at a facility. Such investigations may be
  422  conducted in conjunction with the appropriate state attorney.
  423         (4)(a)The division, the Department of Law Enforcement, and
  424  local law enforcement agencies have unrestricted access to an
  425  electronic gaming machine licensee’s facility at all times and
  426  shall require each electronic gaming machine licensee to
  427  strictly comply with the laws of this state relating to the
  428  transaction of such business. The division, the Department of
  429  Law Enforcement, and local law enforcement agencies may:
  430         1.Inspect and examine premises where electronic gaming
  431  machines are offered for play.
  432         2.Inspect electronic gaming machines and related equipment
  433  and supplies.
  434         (b)In addition, the division may:
  435         1.Collect taxes, assessments, fees, and penalties.
  436         2.Deny, revoke, suspend, or place conditions on the
  437  license of a person who violates this act or rules adopted
  438  pursuant thereto.
  439         (5)The division shall revoke or suspend the license of any
  440  person who is no longer qualified or who is found to have been
  441  unqualified at the time of application for the license.
  442         (6)This section does not:
  443         (a)Prohibit the Department of Law Enforcement or any law
  444  enforcement authority whose jurisdiction includes a licensed
  445  facility from conducting investigations of criminal activities
  446  occurring at the facility;
  447         (b)Restrict access to an electronic gaming machine
  448  licensee’s facility by the Department of Law Enforcement or any
  449  local law enforcement authority whose jurisdiction includes the
  450  electronic gaming machine licensee’s facility; or
  451         (c)Restrict access by the Department of Law Enforcement or
  452  local law enforcement authorities to information and records
  453  necessary to the investigation of criminal activity which are
  454  contained within the electronic gaming machine licensee’s
  455  facility.
  456         Section 5. License to conduct electronic gaming.—
  457         (1)Upon application and a finding by the division after
  458  investigation that the application is complete and the applicant
  459  is qualified and payment of the initial license fee, the
  460  division may issue a license to conduct electronic gaming in any
  461  designated electronic gaming machine area of an eligible
  462  facility.
  463         (2)An electronic gaming machine license may be issued only
  464  to a person or entity licensed to conduct pari-mutuel wagering
  465  under chapter 550, Florida Statutes, and electronic gaming may
  466  be operated only at the eligible facility at which the licensee
  467  is authorized to conduct pari-mutuel wagering activities.
  468         (3)As a condition of licensure and to maintain continued
  469  authority to conduct electronic gaming, an electronic gaming
  470  machine licensee shall:
  471         (a)Comply with this act.
  472         (b)Comply with chapter 550, Florida Statutes, and maintain
  473  the pari-mutuel permit and license in good standing pursuant to
  474  chapter 550, Florida Statutes. Notwithstanding any contrary
  475  provision of law, a pari-mutuel permitholder may, within 60 days
  476  after the effective date of this act, amend its pari-mutuel
  477  wagering operating license. The division shall issue a new
  478  license to the permitholder to effectuate any approved change.
  479         (c)Conduct at least a full schedule of live racing or
  480  games as defined in s. 550.002(11), Florida Statutes, including
  481  races or games under s. 550.475, Florida Statutes, or be
  482  authorized to conduct limited intertrack wagering under s.
  483  550.6308, Florida Statutes, at the eligible facility. A
  484  licensee’s responsibility to conduct such number of live races
  485  or games shall be reduced by the number of races or games that
  486  could not be conducted due to the direct result of fire, war,
  487  hurricane, or other disaster or event beyond the control of the
  488  licensee.
  489         (d)Provide appropriate current and accurate documentation,
  490  on a timely basis, to the division relating to changes in
  491  ownership or interest in an electronic gaming machine license.
  492  Changes in ownership or interest in an electronic gaming machine
  493  license of 5 percent or more of the stock or other evidence of
  494  ownership or equity in the electronic gaming machine license or
  495  of any parent corporation or other business entity that owns or
  496  controls the electronic gaming machine license must be approved
  497  by the division prior to such change, unless the owner is an
  498  existing holder of the license who was previously approved by
  499  the division. Any changes in ownership or interest in an
  500  electronic gaming machine license of less than 5 percent, unless
  501  such change results in a cumulative total of 5 percent or more,
  502  shall be reported to the division within 20 days after the
  503  change. The division may conduct an investigation to ensure that
  504  the license is properly updated to show the change in ownership
  505  or interest. Reporting is not required if the person is holding
  506  5 percent or less equity or securities of a corporate owner of
  507  the electronic gaming machine licensee that has its securities
  508  registered pursuant to s. 12 of the Securities Exchange Act of
  509  1934, 15 U.S.C. ss. 78a-78kk, and if such corporation or entity
  510  files with the United States Securities and Exchange Commission
  511  the reports required by s. 13 of that act, or if the securities
  512  of the corporation or entity are regularly traded on an
  513  established securities market in the United States. A change in
  514  ownership or interest of less than 5 percent which results in a
  515  cumulative ownership or interest of 5 percent or more must be
  516  approved by the division prior to such change unless the owner
  517  is an existing holder of the license who was previously approved
  518  by the division.
  519         (e)Provide the division and the Department of Law
  520  Enforcement unrestricted access to inspect the facilities of an
  521  electronic gaming machine licensee in which any activity
  522  relative to the operation of electronic gaming machines is
  523  conducted.
  524         (f)Ensure that the facilities-based computer system or
  525  operational and accounting functions of the electronic gaming
  526  machine facility is specifically structured to facilitate
  527  regulatory oversight. The facilities-based computer system shall
  528  give the division and the Department of Law Enforcement the
  529  ability to monitor, at any time on a real-time basis, the
  530  wagering patterns, payouts, tax collection, and such other
  531  operations as are necessary to determine whether the facility is
  532  in compliance with statutory provisions and rules adopted by the
  533  division for the regulation and control of electronic gaming
  534  machines. The division and the Department of Law Enforcement
  535  shall have continuous access to this system. The division and
  536  the department shall have the ability to suspend play
  537  immediately on particular electronic gaming machines if the
  538  system indicates possible tampering with or manipulation of
  539  those electronic gaming machines or the ability to immediately
  540  suspend play of the entire operation if the system indicates
  541  that the system has been tampered with or manipulated. The
  542  computer system shall be reviewed and approved by the division
  543  to ensure necessary access, security, and functionality. The
  544  division may adopt rules to provide for the approval process.
  545         (g)Ensure that each electronic gaming machine and
  546  electronic game is protected from manipulation or tampering
  547  affecting the random probabilities of winning plays. The
  548  division or the Department of Law Enforcement may suspend play
  549  upon reasonable suspicion of any manipulation or tampering. If
  550  play has been suspended on any electronic gaming machine, the
  551  division or the Department of Law Enforcement may examine the
  552  machine to determine whether the machine has been tampered with
  553  or manipulated and whether the machine should be returned to
  554  operation.
  555         (h)Submit a security plan, including the facilities’ floor
  556  plans, the locations of security cameras, and a listing of all
  557  security equipment that is capable of observing and
  558  electronically recording activities being conducted in the
  559  facilities of the electronic gaming machine licensee. The
  560  security plan must meet the minimum security requirements as
  561  determined by the division by rule, and be implemented before
  562  operation of electronic gaming machine games. The electronic
  563  gaming machine licensee’s facilities must adhere to the security
  564  plan at all times. Any changes to the security plan must be
  565  submitted by the licensee to the division before they are
  566  implemented. The division shall furnish copies of the security
  567  plan and changes in the plan to the Department of Law
  568  Enforcement.
  569         (i)Create and file with the division a written policy for:
  570         1.Creating opportunities to purchase from vendors in this
  571  state, including minority vendors.
  572         2.Creating opportunities for employment of residents of
  573  this state, including minority residents.
  574         3.Ensuring opportunities for construction services from
  575  minority contractors.
  576         4.Ensuring that opportunities for employment are offered
  577  on an equal, nondiscriminatory basis.
  578         5.Providing training for employees on responsible gaming
  579  and working with a compulsive or addictive gambling prevention
  580  program to further its purposes as provided for in this act.
  581         6.The implementation of a drug-testing program that
  582  includes, but is not limited to, requiring each employee to sign
  583  an agreement that he or she understands that the electronic
  584  gaming machine facility is a drug-free workplace.
  585  
  586  The electronic gaming machine licensee shall use the Internet
  587  based job-listing system of the Agency for Workforce Innovation
  588  in advertising employment opportunities. Beginning in June 2010,
  589  each electronic gaming machine licensee shall submit an annual
  590  report to the division containing information indicating
  591  compliance with this paragraph in regard to minority persons.
  592         (j)Maintain a payout percentage of at least 85 percent per
  593  electronic gaming machine facility. The theoretical payout
  594  percentage shall be determined using standard methods of
  595  probability theory.
  596         (4)An electronic gaming machine license is not
  597  transferable.
  598         (5)An electronic gaming machine licensee shall keep and
  599  maintain daily records of its electronic gaming machine
  600  operations and shall maintain such records for at least 5 years.
  601  These records must include all financial transactions and
  602  contain sufficient detail to determine compliance with laws and
  603  rules regulating electronic gaming. All records shall be
  604  available for audit and inspection by the division, the
  605  Department of Law Enforcement, or other law enforcement agencies
  606  during the licensee’s regular business hours.
  607         (6)An electronic gaming machine licensee shall file with
  608  the division a monthly report containing the required records of
  609  such electronic gaming machine operations. The required reports
  610  shall be submitted on forms prescribed by the division and shall
  611  be due at the same time as the monthly pari-mutuel reports are
  612  due. Such reports are public records once filed.
  613         (7)An electronic gaming machine licensee shall file with
  614  the division an audit of the receipt and distribution of all
  615  electronic gaming machine revenues. The audit must be performed
  616  by an independent certified public accountant who shall verify
  617  whether the licensee has complied with the financial and
  618  auditing laws and rules applicable to the licensee. The audit
  619  must include verification of compliance with all statutes and
  620  rules regarding all required records of electronic gaming
  621  machine operations. Such audit shall be filed within 120 days
  622  after completion of the permitholder’s fiscal year.
  623         (8)The division may share any information with the
  624  Department of Law Enforcement, any other law enforcement agency
  625  having jurisdiction over electronic gaming machines or pari
  626  mutuel activities, or any other state or federal law enforcement
  627  agency or division that the Department of Law Enforcement deems
  628  appropriate. Any law enforcement agency having jurisdiction over
  629  electronic gaming machines or pari-mutuel activities may share
  630  with the division information obtained or developed by it.
  631         (9)(a)An electronic gaming machine license or renewal may
  632  not be issued to an applicant licensed under chapter 550,
  633  Florida Statutes, to conduct live pari-mutuel wagering races or
  634  games unless the applicant has on file with the division the
  635  following binding written agreements governing the payment of
  636  awards and purses on live races or games conducted at the
  637  licensee’s pari-mutuel facility:
  638         1.For a thoroughbred licensee, an agreement governing the
  639  payment of purses between the applicant and the Florida
  640  Horsemen’s Benevolent and Protective Association, Inc., or the
  641  association representing a majority of the thoroughbred owners
  642  and trainers at the applicant’s eligible facility located as
  643  described in s. 550.615(9), Florida Statutes, and an agreement
  644  governing the payment of awards between the applicant and the
  645  Florida Thoroughbred Breeders’ Association;
  646         2.For a harness licensee, an agreement governing the
  647  payment of purses and awards between the applicant and the
  648  Florida Standardbred Breeders and Owners Association;
  649         3.For a greyhound licensee, an agreement governing the
  650  payment of purses between the applicant and the Florida
  651  Greyhound Association, Inc.;
  652         4.For a quarter horse licensee, an agreement governing the
  653  payment of purses between the applicant and the Florida Quarter
  654  Horse Racing Association or the association representing a
  655  majority of the horse owners and trainers at the applicants
  656  eligible facility, and an agreement governing the payment of
  657  awards between the applicant and the Florida Quarter Horse
  658  Breeders and Owners Association; or
  659         5.For a jai alai licensee, an agreement governing the
  660  payment of player awards between the applicant and the
  661  International Jai Alai Players Association or a binding written
  662  agreement approved by a majority of the jai alai players at the
  663  applicant’s eligible facility at which the applicant has a
  664  permit issued after January 1, 2000, to conduct jai alai.
  665         (b)The agreements may direct the payment of purses and
  666  awards from revenues generated by any wagering or games that the
  667  applicant is authorized to conduct under state law. All purses
  668  and awards are subject to the terms of chapter 550, Florida
  669  Statutes. All sums for breeders’, stallion, and special racing
  670  awards shall be remitted monthly to the respective breeders
  671  association for the payment of awards, subject to the
  672  administrative fees authorized under chapter 550, Florida
  673  Statutes.
  674         (c)An electronic gaming machine license or renewal thereof
  675  may not be issued to an applicant licensed to conduct intertrack
  676  wagering under s. 550.6308, Florida Statutes, unless the
  677  applicant has on file with the division a binding written
  678  agreement between the applicant and the Florida Thoroughbred
  679  Breeders’ Association, Inc., dedicating to the payment of
  680  breeders’, stallion, and special racing awards on live
  681  thoroughbred races conducted in this state at least the same
  682  percentage of electronic gaming machine revenues as the highest
  683  percentage of electronic gaming machine revenues dedicated to
  684  purses and awards in a current agreement under this subsection
  685  by an applicant licensed under chapter 550, Florida Statutes, to
  686  conduct live thoroughbred races. At least half of such funds
  687  must be distributed as special racing awards.
  688         (d)The division shall suspend an electronic gaming machine
  689  license if any agreement required under paragraph (a) is
  690  terminated or otherwise ceases to operate or if the division
  691  determines that the licensee is materially failing to comply
  692  with the terms of such agreement. Any suspension shall take
  693  place in accordance with chapter 120, Florida Statutes.
  694         (e)1.If an agreement required under paragraph (a) cannot
  695  be reached prior to the initial issuance of the electronic
  696  gaming machine license, either party may request arbitration. In
  697  the case of a renewal, if an agreement is not in place 120 days
  698  before the scheduled expiration date of the electronic gaming
  699  machine license, the applicant shall immediately ask the
  700  American Arbitration Association to furnish a list of 11
  701  arbitrators, each of whom shall have at least 5 years of
  702  commercial arbitration experience and no financial interest in
  703  or prior relationship with any party or with an affiliated or
  704  related entity or principal. Each required party to the
  705  agreement shall select a single arbitrator from the list within
  706  10 days after receipt, and the persons selected shall choose one
  707  additional arbitrator from the list within 10 days.
  708         2.If an agreement required under paragraph (a) is not in
  709  place 60 days after the request under subparagraph 1., in the
  710  case of an initial electronic gaming machine license or, in the
  711  case of a renewal, 60 days prior to the scheduled expiration
  712  date of the license, the matter shall be immediately submitted
  713  to mandatory binding arbitration. The three arbitrators selected
  714  pursuant to subparagraph 1. shall conduct the arbitration
  715  pursuant to the American Arbitration Association Commercial
  716  Arbitration Rules and chapter 682, Florida Statutes.
  717         3.At the conclusion of the proceedings, which may be no
  718  later than 90 days after the request under subparagraph 1. in
  719  the case of an initial electronic gaming machine license or, in
  720  the case of a renewal, 30 days prior to the scheduled expiration
  721  date of the electronic gaming machine license, the arbitration
  722  panel shall present to the parties a proposed agreement that the
  723  majority of the panel believes equitably balances the rights,
  724  interests, obligations, and reasonable expectations of the
  725  parties. The parties shall immediately enter into such
  726  agreement, which shall satisfy the requirements of paragraph (a)
  727  and permit issuance of the pending annual electronic gaming
  728  machine license or renewal. The agreement shall be effective
  729  until the last day of the license or renewal period or until the
  730  parties enter into a different agreement. Each party shall pay
  731  its respective costs of arbitration and shall pay one-half of
  732  the costs of the arbitration panel, unless the parties otherwise
  733  agree. If the agreement remains in place 120 days prior to the
  734  scheduled issuance of the next annual license renewal, the
  735  arbitration process established in this paragraph shall begin
  736  again.
  737         4.If neither agreement required under paragraph (a) is in
  738  place by the deadlines established in this paragraph,
  739  arbitration regarding each agreement shall proceed
  740  independently, with separate lists of arbitrators, arbitration
  741  panels, arbitration proceedings, and resulting agreements.
  742         5.With respect to the agreement required under paragraph
  743  (a) governing the payment of purses, the arbitration and
  744  resulting agreement is limited to the payment of purses from
  745  electronic gaming machine revenues only.
  746         (f)If any provision of this subsection or its application
  747  to any person or circumstance is held invalid, the invalidity
  748  does not affect other provisions or applications of this
  749  subsection or act which can be given effect without the invalid
  750  provision or application, and to this end the provisions of this
  751  subsection are severable.
  752         Section 6. Temporary licenses.—
  753         (1)Notwithstanding any provision of s. 120.60, Florida
  754  Statutes, to the contrary, the division may issue a temporary
  755  occupational license upon receipt of a complete application and
  756  a determination that the applicant has not been convicted of or
  757  had adjudication withheld on any disqualifying criminal offense.
  758  The temporary occupational license remains valid until the
  759  division grants an occupational license or notifies the
  760  applicant of its intended decision to deny the license pursuant
  761  to the provisions of s. 120.60, Florida Statutes. The division
  762  shall adopt rules to administer this section. However, not more
  763  than one temporary license may be issued for any person in any
  764  year.
  765         (2)A temporary license issued under this section is not
  766  transferable.
  767         Section 7. Electronic gaming machine license renewal.—
  768         (1)An electronic gaming machine license is effective for 1
  769  year after issuance and may be renewed annually. The application
  770  for renewal must contain all revisions to the information
  771  submitted in the prior year’s application which are necessary to
  772  maintain such information as accurate and current.
  773         (2)The applicant for renewal must attest that any
  774  information changes do not affect such applicant’s
  775  qualifications for license renewal.
  776         (3)Upon determination by the division that the application
  777  for renewal is complete and qualifications have been met,
  778  including payment of the renewal fee, the license shall be
  779  renewed.
  780         Section 8. License fee; tax rate; penalties.—
  781         (1)LICENSE FEE.—
  782         (a)Upon submission of the initial application for an
  783  electronic gaming machine license or upon submission of an
  784  application to renew a license, the licensee must pay to the
  785  division a nonrefundable license fee of $1 million for the
  786  succeeding 12 months of licensure. The fee shall be deposited
  787  into the Pari-mutuel Wagering Trust Fund of the Department of
  788  Business and Professional Regulation to be used by the division
  789  and the Department of Law Enforcement for investigations,
  790  regulation of electronic gaming, and enforcement of electronic
  791  gaming provisions. These payments shall be accounted for
  792  separately from taxes or fees paid pursuant to the provisions of
  793  chapter 550 or chapter 551, Florida Statutes.
  794         (b)The division shall evaluate the license fee and submit
  795  recommendations in its legislative budget request identifying
  796  the optimum level of electronic gaming machine license fees
  797  required to adequately support the electronic gaming machine
  798  regulatory program.
  799         (c)Notwithstanding s. 550.135(2), Florida Statutes, all
  800  fees and fines collected pursuant to this chapter shall remain
  801  in the Pari-Mutuel Wagering Trust Fund for use by the division
  802  for regulation of electronic gaming machines and electronic
  803  games.
  804         (2)TAX ON ELECTRONIC GAMING MACHINE REVENUES.
  805         (a)The tax rate on electronic gaming machine revenues at
  806  each facility shall be 35 percent.
  807         (b)The electronic gaming machine revenue tax imposed by
  808  this section shall be paid to the division for deposit into the
  809  Pari-mutuel Wagering Trust Fund for immediate transfer by the
  810  Chief Financial Officer for deposit into the Educational
  811  Enhancement Trust Fund of the Department of Education. Any
  812  interest earnings on the tax revenues shall also be transferred
  813  to the Educational Enhancement Trust Fund.
  814         (c)1.Funds transferred to the Educational Enhancement
  815  Trust Fund shall be used to supplement public education funding
  816  statewide.
  817         2.If necessary to comply with any covenant established
  818  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
  819  Florida Statutes, funds transferred to the Educational
  820  Enhancement Trust Fund shall first be available to pay debt
  821  service on lottery bonds issued to fund school construction in
  822  the event lottery revenues are insufficient for such purpose or
  823  to satisfy debt service reserve requirements established in
  824  connection with lottery bonds. Moneys available pursuant to this
  825  subparagraph are subject to annual appropriation by the
  826  Legislature.
  827         (3)PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
  828  on electronic gaming machine revenues imposed by this section
  829  shall be paid to the division. The division shall deposit such
  830  funds with the Chief Financial Officer, to the credit of the
  831  Pari-mutuel Wagering Trust Fund. The electronic gaming machine
  832  licensee shall remit to the division payment for the tax on
  833  electronic gaming machine revenues by 3 p.m. on the 5th calendar
  834  day of each month for taxes imposed and collected for the
  835  preceding calendar month. The electronic gaming machine licensee
  836  shall file a report under oath by the 5th day of each calendar
  837  month for all taxes remitted during the preceding calendar
  838  month. Such payments shall be accompanied by a report under oath
  839  showing all electronic gaming machine activities for the
  840  preceding calendar month and such other information as may be
  841  prescribed by the division.
  842         (4)FAILURE TO PAY TAX; PENALTIES.—An electronic gaming
  843  machine licensee who does not make tax payments required under
  844  this section is subject to an administrative penalty of up to
  845  $10,000 for each day the tax payment is not remitted. All
  846  administrative penalties imposed and collected shall be
  847  deposited into the Pari-mutuel Wagering Trust Fund of the
  848  Department of Business and Professional Regulation. If an
  849  electronic gaming machine licensee does not pay penalties
  850  imposed by the division, the division may suspend, revoke, or
  851  refuse to renew the license of the electronic gaming machine
  852  licensee.
  853         (5)SUBMISSION OF FUNDS.—The division may require
  854  electronic gaming machine licensees to remit taxes, fees, fines,
  855  and assessments by electronic funds transfer.
  856         Section 9. Electronic gaming machine occupational license;
  857  findings; application; fee.—
  858         (1)The Legislature finds that licensees and persons
  859  associated with licensees require heightened state scrutiny. As
  860  such licensees and persons associated with licensees shall
  861  submit fingerprints for a criminal history records check.
  862         (2)(a)The following electronic gaming machine occupational
  863  licenses are required for persons who, by virtue of the
  864  positions they hold, potentially may have access to electronic
  865  gaming machine areas or to any other person or entity in one of
  866  the following categories:
  867         1.General occupational licenses for general employees,
  868  including food service, maintenance, and other similar service
  869  and support employees having access to an electronic gaming
  870  machine area.
  871         2.Professional occupational licenses for any person,
  872  proprietorship, partnership, corporation, or other entity that
  873  is authorized by an electronic gaming machine licensee to
  874  manage, oversee, or otherwise control daily operations as an
  875  electronic gaming machine manager, floor supervisor, security
  876  personnel, or other similar position of oversight of gaming
  877  operations, or any person who is not an employee of the
  878  electronic gaming machine licensee and who provides maintenance,
  879  repair, or upgrades or otherwise services an electronic gaming
  880  machine or other electronic gaming machine equipment.
  881         3.Business occupational licenses for any electronic gaming
  882  machine management company or company associated with electronic
  883  gaming, any person who manufactures, distributes, or sells
  884  electronic gaming machines, electronic gaming machine
  885  paraphernalia, or other associated equipment to electronic
  886  gaming machine licensees, or any company that sells or provides
  887  goods or services associated with electronic gaming to
  888  electronic gaming machine licensees.
  889         (b)The division may issue one license in order to combine
  890  licenses under this section with pari-mutuel occupational
  891  licenses and cardroom licenses pursuant to s. 550.105(2)(b),
  892  Florida Statutes. The division shall adopt rules pertaining to
  893  occupational licenses under this subsection. Such rules may
  894  specify requirements and restrictions for licensed occupations
  895  and categories, procedures to apply for a license or combination
  896  of licenses, disqualifying criminal offenses for a licensed
  897  occupation or categories of occupations, and which types of
  898  occupational licenses may be combined into a single license. The
  899  fingerprinting requirements of subsection (10) apply to any
  900  combination license that includes electronic gaming machine
  901  license privileges. The division may not adopt a rule allowing
  902  the issuance of an occupational license to any person who does
  903  not meet the minimum background qualifications of this section.
  904         (c)Electronic gaming machine occupational licenses are not
  905  transferable.
  906         (3)An electronic gaming machine licensee may not employ or
  907  otherwise allow a person to work at a licensed facility unless
  908  such person holds the appropriate valid occupational license. An
  909  electronic gaming machine licensee may not contract or otherwise
  910  conduct business with a business that is required to hold an
  911  electronic gaming machine occupational license unless the
  912  business holds such a license. An electronic gaming machine
  913  licensee may not employ or otherwise allow a person to work in a
  914  supervisory or management professional level at a licensed
  915  facility unless such person holds a valid electronic gaming
  916  machine occupational license. All electronic gaming machine
  917  occupational licensees, while present in electronic gaming
  918  machine areas, shall display on their persons their occupational
  919  license identification cards.
  920         (4)(a)A person seeking an electronic gaming machine
  921  occupational license or renewal thereof shall apply on forms
  922  prescribed by the division and include payment of the
  923  appropriate application fee. Initial and renewal applications
  924  for electronic gaming machine occupational licenses must contain
  925  all information that the division, by rule, requires.
  926         (b)An electronic gaming machine license or combination
  927  license is valid for the same term as a pari-mutuel occupational
  928  license issued pursuant to s. 550.105(1), Florida Statutes.
  929         (c)Pursuant to rules adopted by the division, any person
  930  may apply for and, if qualified, be issued an electronic gaming
  931  machine occupational license. The license shall be valid for a
  932  period of 3 years upon payment of the full occupational license
  933  fee for each of the 3 years for which the license is issued. The
  934  electronic gaming machine occupational license is valid during
  935  its specified term at any licensed facility where electronic
  936  gaming machine gaming is authorized.
  937         (d)The electronic gaming machine occupational license fee
  938  for initial application and annual renewal shall be determined
  939  by rule of the division, but may not exceed $50 for a general or
  940  professional occupational license for an employee of the
  941  electronic gaming machine licensee or $1,000 for a business
  942  occupational license for nonemployees of the licensee who
  943  provide goods or services to the electronic gaming machine
  944  licensee. License fees for general occupational licenses shall
  945  be paid by the electronic gaming machine licensee. Failure to
  946  pay the required fee constitutes grounds for disciplinary action
  947  by the division against the electronic gaming machine licensee,
  948  but it is not a violation of this act or rules of the division
  949  by the general occupational licensee and does not prohibit the
  950  initial issuance or the renewal of the general occupational
  951  license.
  952         (5)The division may:
  953         (a)Deny an application for, or revoke, suspend, or place
  954  conditions or restrictions on, a license of an applicant or
  955  licensee that has been refused a license by another state gaming
  956  commission, governmental department, agency, or other authority
  957  exercising regulatory jurisdiction over the gaming of another
  958  state or jurisdiction; or
  959         (b)Deny an application for, or suspend, or place
  960  conditions on a license of any applicant or licensee that is
  961  under suspension or has unpaid fines in another state or
  962  jurisdiction.
  963         (6)(a)The division may deny, suspend, revoke, or refuse to
  964  renew any electronic gaming machine occupational license if the
  965  applicant or licensee has violated this act or the rules
  966  governing the conduct of persons connected with electronic games
  967  or electronic gaming. In addition, the division may deny,
  968  suspend, revoke, or refuse to renew any electronic gaming
  969  machine occupational license if the applicant or licensee has
  970  been convicted under the laws of this state or of another state,
  971  or under the laws of the United States, of a capital felony, a
  972  felony, or an offense in another state which would be a felony
  973  under the laws of this state involving arson; trafficking in,
  974  conspiracy to traffic in, smuggling, importing, conspiracy to
  975  smuggle or import, or delivery, sale, or distribution of a
  976  controlled substance; racketeering; or a crime showing a lack of
  977  good moral character, or has had a gaming license revoked by
  978  this state or another jurisdiction for any gaming-related
  979  offense.
  980         (b)The division may deny, revoke, or refuse to renew any
  981  electronic gaming machine occupational license if the applicant
  982  or licensee has been convicted of a felony or misdemeanor in
  983  this state, in another state, or under the laws of the United
  984  States if such felony or misdemeanor is related to gambling or
  985  bookmaking as described in s. 849.25, Florida Statutes.
  986         (c)As used in this subsection, the term “convicted” means
  987  having been found guilty, with or without adjudication of guilt,
  988  as a result of a jury verdict, nonjury trial, or entry of a plea
  989  of guilty or nolo contendere.
  990         (7)The division may deny, revoke, or suspend any
  991  occupational license if the applicant or licensee accumulates
  992  unpaid obligations, defaults in obligations, or issues drafts or
  993  checks that are dishonored or for which payment is refused
  994  without reasonable cause.
  995         (8)The division may fine or suspend, revoke, or place
  996  conditions upon the license of any licensee who provides false
  997  information under oath regarding an application for a license or
  998  an investigation by the division.
  999         (9)The division may impose a civil fine of up to $5,000
 1000  for each violation of this act or the rules of the division in
 1001  addition to or in lieu of any other penalty. The division may
 1002  adopt a penalty schedule for violations for which it would
 1003  impose a fine in lieu of a suspension and adopt rules allowing
 1004  for the issuance of citations, including procedures to address
 1005  such citations, to persons who violate such rules. In addition
 1006  to any other penalty provided by law, the division may exclude
 1007  from all licensed electronic gaming machine facilities in this
 1008  state, for a period not to exceed the period of suspension,
 1009  revocation, or ineligibility, any person whose occupational
 1010  license application has been refused or who has been declared
 1011  ineligible to hold an occupational license or whose occupational
 1012  license has been suspended or revoked by the division.
 1013         (10)Fingerprints for electronic gaming machine
 1014  occupational license applications shall be taken in a manner
 1015  approved by the division and shall be submitted electronically
 1016  to the Department of Law Enforcement for state processing and to
 1017  the Federal Bureau of Investigation for national processing for
 1018  a criminal history record check. All persons as specified in s.
 1019  550.1815(1)(a), Florida Statutes, who are employed by or working
 1020  within licensed premises shall submit fingerprints for a
 1021  criminal history records check and may not have been convicted
 1022  of any disqualifying criminal offenses specified in subsection
 1023  (6). Division employees and law enforcement officers assigned to
 1024  work within such premises as part of their official duties are
 1025  excluded from the criminal history record check requirements. As
 1026  used in this subsection, the term “convicted” means having been
 1027  found guilty, with or without adjudication of guilt, as a result
 1028  of a jury verdict, nonjury trial, or entry of a plea of guilty
 1029  or nolo contendere.
 1030         (a)Fingerprints shall be taken in a manner approved by the
 1031  division upon initial application, or as required thereafter by
 1032  rule of the division, and shall be submitted electronically to
 1033  the Department of Law Enforcement for state processing. The
 1034  Department of Law Enforcement shall forward the fingerprints to
 1035  the Federal Bureau of Investigation for national processing. The
 1036  results of the criminal history record check shall be returned
 1037  to the division for screening. Licensees shall provide necessary
 1038  equipment, approved by the Department of Law Enforcement, to
 1039  facilitate such electronic submission. The division requirements
 1040  shall be instituted in consultation with the Department of Law
 1041  Enforcement.
 1042         (b)The cost of processing fingerprints and conducting a
 1043  criminal history records check for a general occupational
 1044  license shall be paid by the electronic gaming machine licensee.
 1045  The cost of processing fingerprints and conducting a criminal
 1046  history record check for a business or professional occupational
 1047  license shall be paid by the person being checked. The
 1048  Department of Law Enforcement may invoice the division for the
 1049  fingerprints submitted each month.
 1050         (c)All fingerprints submitted to the Department of Law
 1051  Enforcement shall be retained by the Department of Law
 1052  Enforcement and entered into the statewide automated fingerprint
 1053  identification system as authorized by s. 943.05(2)(b), Florida
 1054  Statutes, and shall be available for all purposes and uses
 1055  authorized for arrest fingerprint cards in the statewide
 1056  automated fingerprint identification system pursuant to s.
 1057  943.051, Florida Statutes.
 1058         (d)The Department of Law Enforcement shall search all
 1059  arrest fingerprints received pursuant to s. 943.051, Florida
 1060  Statutes, against the fingerprints retained in the statewide
 1061  automated fingerprint identification system. Any arrest record
 1062  that is identified with the retained fingerprints of a person
 1063  subject to the criminal history screening requirements shall be
 1064  reported to the division. Each licensed facility shall pay a fee
 1065  for the cost of retention of the fingerprints and the ongoing
 1066  searches under this paragraph. The division shall forward the
 1067  fee to the Department of Law Enforcement. The amount of the fee
 1068  to be imposed for such searches and the procedures for the
 1069  retention of licensee fingerprints shall be as established by
 1070  rule of the Department of Law Enforcement. The division shall
 1071  inform the Department of Law Enforcement of any change in the
 1072  license status of licensees whose fingerprints are retained.
 1073         (e)The division shall request the Department of Law
 1074  Enforcement to forward the fingerprints to the Federal Bureau of
 1075  Investigation for a national criminal history records check
 1076  every 3 years following issuance of a license. If the
 1077  fingerprints of a person who is licensed have not been retained
 1078  by the Department of Law Enforcement, the person must file a
 1079  complete set of fingerprints as provided in paragraph (a). The
 1080  division shall collect the fees for the cost of the national
 1081  criminal history record check and shall forward the payment to
 1082  the Department of Law Enforcement. The cost of processing
 1083  fingerprints and conducting a criminal history record check for
 1084  a general occupational license shall be paid by the electronic
 1085  gaming machine licensee. The cost of processing fingerprints and
 1086  conducting a criminal history record check for a business or
 1087  professional occupational license shall be paid by the person
 1088  being checked. The Department of Law Enforcement may invoice the
 1089  division for the fingerprints submitted each month. Under
 1090  penalty of perjury, each person who is licensed or fingerprinted
 1091  must agree to inform the division within 48 hours if he or she
 1092  is convicted of or enters a plea of guilty or nolo contendere to
 1093  any disqualifying offense, regardless of adjudication.
 1094         (11)All moneys collected pursuant to this section shall be
 1095  deposited into the Pari-mutuel Wagering Trust Fund.
 1096         Section 10. Prohibited relationships.—
 1097         (1)A person employed by or performing any function on
 1098  behalf of the division may not:
 1099         (a)Be an officer, director, owner, or employee of any
 1100  person or entity licensed by the division.
 1101         (b)Have or hold any interest, direct or indirect, in or
 1102  engage in any commerce or business relationship with any person
 1103  licensed by the division.
 1104         (2)A manufacturer or distributor of electronic gaming
 1105  machines may not enter into any contract with an electronic
 1106  gaming machine licensee which provides for any revenue sharing
 1107  that is directly or indirectly calculated on the basis of a
 1108  percentage of electronic gaming machine revenues. Any agreement
 1109  in violation of this subsection is void.
 1110         (3)A manufacturer or distributor of electronic gaming
 1111  machines or equipment necessary for the operation of electronic
 1112  gaming machines or an officer, director, or employee of any such
 1113  manufacturer or distributor may not have any ownership or
 1114  financial interest in an electronic gaming machine license or
 1115  any business owned by an electronic gaming machine licensee.
 1116         (4)An employee of the division or relative living in the
 1117  same household as the employee may not wager on an electronic
 1118  gaming machine located at a facility licensed by the division.
 1119         (5)An occupational licensee or relative living in the same
 1120  household as the licensee may not wager on an electronic gaming
 1121  machine located at a facility operated by such licensee.
 1122         Section 11. Prohibited acts; penalties.—
 1123         (1)Except as otherwise provided by law and in addition to
 1124  any other penalty, a person who knowingly makes or causes to be
 1125  made, or aids, assists, or procures another to make, a false
 1126  statement in any report, disclosure, application, or other
 1127  document required under any law or rule regulating electronic
 1128  gaming is subject to an administrative fine or civil penalty of
 1129  up to $10,000.
 1130         (2)Except as otherwise provided by law and in addition to
 1131  any other penalty, a person who possesses an electronic gaming
 1132  machine without a license or who possesses an electronic gaming
 1133  machine at a location other than at the electronic gaming
 1134  machine licensee’s facility is subject to an administrative fine
 1135  or civil penalty of up to $10,000 per machine. This prohibition
 1136  does not apply to:
 1137         (a)Electronic gaming machine manufacturers or distributors
 1138  that are licensed and authorized to maintain an electronic
 1139  gaming machine storage and maintenance facility in this state.
 1140  The division may adopt rules regarding security, inspection, and
 1141  access to the storage facility.
 1142         (b)Certified educational facilities that are authorized by
 1143  the division to maintain electronic gaming machines for the sole
 1144  purpose of education and licensure of electronic gaming machine
 1145  technicians, inspectors, or investigators. The division and the
 1146  Department of Law Enforcement may possess electronic gaming
 1147  machines for training and testing purposes. The division may
 1148  adopt rules regarding the regulation of such electronic gaming
 1149  machines used for the sole purpose of education and licensure of
 1150  electronic gaming machine technicians, inspectors, or
 1151  investigators.
 1152         (3)A person who knowingly excludes or attempts to exclude,
 1153  anything of value from the deposit, counting, collection, or
 1154  computation of revenues from electronic gaming machine activity,
 1155  or a person who by trick, sleight-of-hand performance, fraud or
 1156  fraudulent scheme, or device wins or attempts to win, for
 1157  himself or herself or for another, money or property or a
 1158  combination thereof, or reduces or attempts to reduce a losing
 1159  wager in connection with electronic gamingcommits a felony of
 1160  the third degree, punishable as provided in s. 775.082, s.
 1161  775.083, or s. 775.084, Florida Statutes.
 1162         (4)Any person who manipulates or attempts to manipulate
 1163  the outcome, payoff, or operation of an electronic gaming
 1164  machine by physical tampering or the use of an object,
 1165  instrument, or device, whether mechanical, electrical, or
 1166  magnetic, or by other means, commits a felony of the third
 1167  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1168  775.084, Florida Statutes.
 1169         (5)Theft of electronic gaming machine proceeds or property
 1170  belonging to an electronic gaming machine operator, licensee, or
 1171  licensed facility by an employee of the operator or facility or
 1172  by an officer, partner, owner, or employee of a person
 1173  contracted to provide services to the operator or facility
 1174  constitutes a felony of the third degree, punishable as provided
 1175  in s. 775.082 or s. 775.083, Florida Statutes.
 1176         (6)(a)A law enforcement officer or electronic gaming
 1177  machine operator who has probable cause to believe that a person
 1178  has committed a violation of subsection (3), subsection (4), or
 1179  subsection (5) and that officer or operator can recover the lost
 1180  proceeds from the activity by taking the person into custody
 1181  may, for the purpose of attempting to effect the recovery of the
 1182  proceeds, take into custody on the premises and detain the
 1183  person in a reasonable manner for a reasonable time. If the
 1184  operator takes the person into custody, a law enforcement
 1185  officer shall be called to the scene immediately. The taking
 1186  into custody and detention by a law enforcement officer or
 1187  electronic gaming machine operator, if done in compliance with
 1188  this subsection, does not render such law enforcement officer,
 1189  or the officer’s agency, or the electronic gaming machine
 1190  operator criminally or civilly liable for false arrest, false
 1191  imprisonment, or unlawful detention.
 1192         (b)A law enforcement officer may arrest, on or off the
 1193  premises and without warrant, any person if the officer has
 1194  probable cause to believe that person has violated subsection
 1195  (3), subsection (4), or subsection (5).
 1196         (c)A person who resists the reasonable effort of a law
 1197  enforcement officer or electronic gaming machine operator to
 1198  take into custody a person who is violating subsection (3),
 1199  subsection (4), or subsection (5) commits a misdemeanor of the
 1200  first degree, punishable as provided in s. 775.082 or s.
 1201  775.083, Florida Statutes, unless the person did not know or
 1202  have reason to know that the person seeking to take him or her
 1203  into custody was a law enforcement officer or electronic gaming
 1204  machine operator.
 1205         (7)The penalties imposed and collected under this section
 1206  must be deposited into the Pari-mutuel Wagering Trust Fund of
 1207  the Department of Business and Professional Regulation.
 1208         Section 12. Legal devices.Notwithstanding any provision of
 1209  law to the contrary, electronic gaming machines manufactured,
 1210  sold, distributed, possessed, or operated pursuant to the laws
 1211  and rules regulating electronic gaming are lawful in this state.
 1212  An electronic game or electronic gaming machine may not enter
 1213  the state until it has been tested and certified by a licensed
 1214  testing laboratory, and certified for play in the state. The
 1215  division shall adopt rules regarding the testing, certification,
 1216  control, and approval of electronic games and electronic gaming
 1217  machines entering, departing, or moving within the state.
 1218         Section 13. Exclusions of certain persons.—In addition to
 1219  the power to exclude certain persons, the division may exclude
 1220  any person from a facility of an electronic gaming machine
 1221  licensee in this state for conduct that would constitute, if the
 1222  person were a licensee, a violation of this act or the rules of
 1223  the division. The division may exclude a person who has been
 1224  ejected from a gaming facility or who has been excluded from a
 1225  gaming facility in another state by the governmental authority
 1226  exercising regulatory jurisdiction over the gaming in such other
 1227  state. This section does not abrogate the common law right of an
 1228  electronic gaming machine licensee to exclude a patron.
 1229         Section 14. Persons prohibited from operating electronic
 1230  gaming machines.—
 1231         (1)A person who has not attained 18 years of age may not
 1232  operate or play an electronic gaming machine or have access to
 1233  the designated electronic gaming machine area.
 1234         (2)An electronic gaming machine licensee or agent or
 1235  employee of an electronic gaming machine licensee may not
 1236  knowingly allow a person who has not attained 18 years of age
 1237  to:
 1238         (a)Play or operate an electronic gaming machine.
 1239         (b)Be employed in any position allowing or requiring
 1240  access to the designated gaming area of a facility of an
 1241  electronic gaming machine licensee.
 1242         (c)Have access to the designated electronic gaming machine
 1243  area of a facility of an electronic gaming machine licensee.
 1244         (3)A licensed facility shall post clear and conspicuous
 1245  signage within the designated electronic gaming machine areas
 1246  which states:
 1247  
 1248  THE PLAYING OF ELECTRONIC GAMING MACHINES BY PERSONS UNDER THE
 1249  AGE OF 18 IS AGAINST FLORIDA LAW (CITE TO FLORIDA STATUTES
 1250  SECTION). PROOF OF AGE MAY BE REQUIRED AT ANY TIME.
 1251         Section 15. Electronic gaming machine areas.—
 1252         (1)An electronic gaming machine licensee may make
 1253  available for play up to 1,000 electronic gaming machines within
 1254  an eligible facility in a designated electronic gaming machine
 1255  area. No more than 1,000 electronic gaming machines shall be
 1256  authorized at a facility regardless of the number of
 1257  permitholders conducting operations at that facility.
 1258         (2)The electronic gaming machine licensee shall display
 1259  pari-mutuel races or games within the designated electronic
 1260  gaming machine areas and offer patrons within such areas the
 1261  opportunity to wager on live, intertrack, and simulcast races.
 1262         (3)The division shall require the posting of signs warning
 1263  of the risks and dangers of gambling, showing the odds of
 1264  winning, and informing patrons of the toll-free telephone number
 1265  available to provide information and referral services regarding
 1266  compulsive or problem gambling.
 1267         (4)Designated electronic gaming machine areas may be
 1268  located within a live gaming facility or an existing building
 1269  that is contiguous and connected to the live gaming facility. If
 1270  such gaming area is to be located in a building that is not yet
 1271  constructed, the new building must be contiguous and connected
 1272  to the live gaming facility.
 1273         (5)An electronic gaming machine licensee shall provide
 1274  adequate office space at no cost to the division and the
 1275  Department of Law Enforcement for the oversight of electronic
 1276  gaming machine operations. The division shall adopt rules
 1277  establishing criteria for adequate space, configuration, and
 1278  location and needed electronic and technological requirements.
 1279         Section 16. Days and hours of operation.—Electronic gaming
 1280  machine areas may be open daily throughout the year. They may be
 1281  open a cumulative total of 18 hours per day on Monday through
 1282  Friday and 24 hours per day on Saturday and Sunday and on
 1283  holidays specified in s. 110.117(1), Florida Statutes.
 1284         Section 17. Penalties.—The division may revoke or suspend
 1285  an electronic gaming machine license issued under this act upon
 1286  the willful violation by the licensee of any law or rule
 1287  regulating electronic gaming. In lieu of suspending or revoking
 1288  an electronic gaming machine license, the division may impose a
 1289  civil penalty against the licensee for such violation. Except as
 1290  otherwise provided in this act, the division may not impose a
 1291  penalty that exceeds $100,000 for each count or separate
 1292  offense. All fines collected must be deposited into the Pari
 1293  mutuel Wagering Trust Fund of the Department of Business and
 1294  Professional Regulation.
 1295         Section 18. Compulsive or addictive gambling prevention
 1296  program.—
 1297         (1)Each electronic gaming machine licensee shall offer
 1298  training to employees on responsible gaming and shall work with
 1299  a compulsive or addictive gambling prevention program to
 1300  recognize problem gaming situations and implement responsible
 1301  gaming programs and practices.
 1302         (2)The division shall, subject to competitive bidding,
 1303  contract for services related to the prevention of compulsive
 1304  and addictive gambling. The contract shall require an
 1305  advertising program to encourage responsible gaming practices
 1306  and publicize a gambling telephone help line. Such
 1307  advertisements must be made both publicly and inside the
 1308  designated electronic gaming machine areas of the licensee’s
 1309  facilities. The terms of any contract for such services shall
 1310  include accountability standards for any private provider. The
 1311  failure of a private provider to meet any material term of the
 1312  contract, including the accountability standards, constitutes a
 1313  breach of contract or grounds for nonrenewal.
 1314         (3)The compulsive or addictive gambling prevention program
 1315  shall be funded from an annual nonrefundable regulatory fee of
 1316  $250,000 paid by each licensee.
 1317         Section 19. Caterer’s license.—An electronic gaming machine
 1318  licensee is entitled to a caterer’s license pursuant to s.
 1319  565.02, Florida Statutes, on days on which the pari-mutuel
 1320  facility is open to the public for electronic gaming machine
 1321  play.
 1322         Section 20. Prohibited activities and devices; exceptions.
 1323         (1)Complimentary or reduced-cost alcoholic beverages may
 1324  not be served to persons in the designated electronic gaming
 1325  machine area. Alcoholic beverages served to persons in the
 1326  designated electronic gaming machine area shall cost at least
 1327  the same amount as alcoholic beverages served to the general
 1328  public at any bar within the facility.
 1329         (2)An electronic gaming machine licensee may not make
 1330  loans, provide credit, or advance cash to enable a person to
 1331  play an electronic gaming machine. This subsection does not
 1332  prohibit automated ticket redemption machines that dispense cash
 1333  from the redemption of tickets from being located in the
 1334  designated electronic gaming machine area.
 1335         (3)An automated teller machine or similar device designed
 1336  to provide credit or dispense cash may not be located within the
 1337  designated electronic gaming machine area.
 1338         (4)(a)An electronic gaming machine licensee may not accept
 1339  or cash a check from any person within the designated electronic
 1340  gaming machine area of a facility.
 1341         (b)Except as provided in paragraph (c) for employees of
 1342  the facility, an electronic gaming machine licensee may not
 1343  accept or cash for any person within the facility a government
 1344  issued check, third-party check, or payroll check made payable
 1345  to an individual.
 1346         (c)Outside the designated electronic gaming machine area,
 1347  an electronic gaming machine licensee or operator may accept or
 1348  cash a check for an employee of the facility who is prohibited
 1349  from wagering on an electronic gaming machine under s.
 1350  551.108(5), Florida Statutes, a check made directly payable to a
 1351  person licensed by the division, or a check made directly
 1352  payable to the licensee or operator from:
 1353         1.A pari-mutuel patron; or
 1354         2.A pari-mutuel facility in any state.
 1355         (d)Unless accepting or cashing a check is prohibited by
 1356  this subsection, an electronic gaming machine licensee or
 1357  operator may accept and deposit in its accounts checks received
 1358  in the normal course of business.
 1359         (5)An electronic gaming machine, or the computer operating
 1360  system linked to an electronic gaming machine, may be linked to
 1361  any other electronic gaming machine or computer operating system
 1362  within this state.
 1363         (6)An electronic gaming machine located within a licensed
 1364  facility may accept tickets or electronic or account-based cards
 1365  for wagering. Such machines may return or deliver payouts to the
 1366  players in the form of tickets or electronic or account-based
 1367  credits that may be exchanged for cash, merchandise, or other
 1368  items of value. The use of coins, currency, credit or debit
 1369  cards, tokens, or similar objects is prohibited.
 1370         Section 21. Rulemaking.—The division may adopt rules to
 1371  administer this act.
 1372         Section 22. Preemption.—The Legislature finds and declares
 1373  that it has exclusive authority over the conduct of all wagering
 1374  occurring at electronic gaming machine facilities in this state.
 1375  Only the Division of Pari-mutuel Wagering and other authorized
 1376  state agencies may administer this act and regulate the
 1377  electronic gaming machine industry, including operation of
 1378  electronic gaming machine facilities, games, electronic gaming
 1379  machines, and facilities-based computer systems authorized in
 1380  this act and the rules adopted by the division.
 1381         Section 23. Application to bingo games operated by
 1382  charitable or nonprofit organizations.—Sections 1 through 22 of
 1383  this act do not apply to the use of player-operated bingo aides
 1384  used in bingo games conducted by charitable, nonprofit, or
 1385  veterans’ organizations authorized to conduct bingo under s.
 1386  849.0931, Florida Statutes. Sections 1 through 22 of this act do
 1387  not apply to game promotions or operators regulated under s.
 1388  849.094, Florida Statutes.
 1389         Section 24. Paragraph (x) is added to subsection (1) of
 1390  section 215.22, Florida Statutes, to read:
 1391         215.22 Certain income and certain trust funds exempt.—
 1392         (1) The following income of a revenue nature or the
 1393  following trust funds shall be exempt from the appropriation
 1394  required by s. 215.20(1):
 1395         (x)Taxes imposed on electronic gaming and electronic
 1396  gaming machines at eligible pari-mutuel facilities.
 1397         Section 25. The Department of Business and Professional
 1398  Regulation may expend the unreserved cash balance in the Pari
 1399  mutuel Wagering Trust Fund received from other revenue sources
 1400  to implement electronic gaming regulation and investigations
 1401  during the 2009-2010 fiscal year. Before the use of such other
 1402  revenues, the department shall submit a repayment plan for
 1403  approval by the Executive Office of the Governor in consultation
 1404  with the chair and vice chair of the Legislative Budget
 1405  Commission. The department shall repay such funds using
 1406  electronic gaming machine license revenue sources by April 1,
 1407  2010. The repaid funds are subject to the requirements of s.
 1408  550.135(2), Florida Statutes.
 1409         Section 26. Present subsections (11), (32), and (38) of
 1410  section 550.002, Florida Statutes, are amended, a new subsection
 1411  (15) is added to that section, and present subsections (15)
 1412  through (39) of that section are renumbered as subsections (16)
 1413  through (40), respectively, to read:
 1414         550.002 Definitions.—As used in this chapter, the term:
 1415         (11) “Full schedule of live racing or games” means, for a
 1416  greyhound or jai alai permitholder, the conduct of a combination
 1417  of at least 100 live evening or matinee performances during the
 1418  preceding year; for a permitholder who has a converted permit or
 1419  filed an application on or before June 1, 1990, for a converted
 1420  permit, the conduct of a combination of at least 100 live
 1421  evening and matinee wagering performances during either of the 2
 1422  preceding years; for a jai alai permitholder who does not
 1423  operate slot machines, electronic gaming machines, or historical
 1424  racing systems in its pari-mutuel facility, who has conducted at
 1425  least 100 live performances per year for at least 10 years after
 1426  December 31, 1992, and whose handle on live jai alai games
 1427  conducted at its pari-mutuel facility has been less than $4
 1428  million per state fiscal year for at least 2 consecutive years
 1429  after June 30, 1992, the conduct of a combination of at least 40
 1430  live evening or matinee performances during the preceding year;
 1431  for a jai alai permitholder who operates slot machines
 1432  electronic gaming machines, or historical racing systems in its
 1433  pari-mutuel facility, the conduct of a combination of at least
 1434  150 performances during the preceding year; for a harness
 1435  permitholder, the conduct of at least 100 live regular wagering
 1436  performances during the preceding year; for a quarter horse
 1437  permitholder, at its facility unless an alternative schedule of
 1438  at least 20 live regular wagering performances is agreed upon by
 1439  the permitholder and the horsemen’s association representing the
 1440  majority of the quarter horse owners and trainers at the
 1441  facility and filed with the division along with its annual date
 1442  application, in the 2010-2011 fiscal year, the conduct of at
 1443  least 20 regular wagering performances, in the 2011-2012 and
 1444  2012-2013 fiscal years, the conduct of at least 30 live regular
 1445  wagering performances, and for every fiscal year after the 2012
 1446  2013 fiscal year, the conduct of at least 40 live regular
 1447  wagering performances during the preceding year; for a quarter
 1448  horse permitholder leasing another licensed racetrack, the
 1449  conduct of 160 events at the leased facility; and for a
 1450  thoroughbred permitholder, the conduct of at least 40 live
 1451  regular wagering performances during the preceding year. For a
 1452  permitholder which is restricted by statute to certain operating
 1453  periods within the year when other members of its same class of
 1454  permit are authorized to operate throughout the year, the
 1455  specified number of live performances which constitute a full
 1456  schedule of live racing or games shall be adjusted pro rata in
 1457  accordance with the relationship between its authorized
 1458  operating period and the full calendar year and the resulting
 1459  specified number of live performances shall constitute the full
 1460  schedule of live games for such permitholder and all other
 1461  permitholders of the same class within 100 air miles of such
 1462  permitholder. A live performance must consist of no fewer than
 1463  eight races or games conducted live for each of a minimum of
 1464  three performances each week at the permitholder’s licensed
 1465  facility under a single admission charge.
 1466         (15)“Historical racing system” means a form of pari-mutuel
 1467  wagering based on audio or video signals of in-state or out-of
 1468  state races which are sent from an in-state server and operated
 1469  by a licensed totalisator company and which are displayed at
 1470  individual wagering terminals at a licensed pari-mutuel
 1471  facility.
 1472         (33)(32) “Simulcasting” means broadcasting events occurring
 1473  live at an in-state location to an out-of-state location, or
 1474  receiving at an in-state location events occurring live at an
 1475  out-of-state location, by the transmittal, retransmittal,
 1476  reception, and rebroadcast of television or radio signals by
 1477  wire, cable, satellite, microwave, or other electrical or
 1478  electronic means for receiving or rebroadcasting the events.
 1479         (39)(38) “Year,” for purposes of determining a full
 1480  schedule of live racing, means the state fiscal calendar year.
 1481         Section 27. Subsection (3) of section 550.01215, Florida
 1482  Statutes, is amended to read:
 1483         550.01215 License application; periods of operation; bond,
 1484  conversion of permit.—
 1485         (3) Except as provided in s. 550.5251 for thoroughbred
 1486  racing, The division shall issue each license no later than
 1487  March 15. Each permitholder shall operate all performances at
 1488  the date and time specified on its license. The division shall
 1489  have the authority to approve minor changes in racing dates
 1490  after a license has been issued. The division may approve
 1491  changes in racing dates after a license has been issued when
 1492  there is no objection from any operating permitholder located
 1493  within 50 miles of the permitholder requesting the changes in
 1494  operating dates. In the event of an objection, the division
 1495  shall approve or disapprove the change in operating dates based
 1496  upon the impact on operating permitholders located within 50
 1497  miles of the permitholder requesting the change in operating
 1498  dates. In making the determination to change racing dates, the
 1499  division shall take into consideration the impact of such
 1500  changes on state revenues.
 1501         Section 28. Paragraph (b) of subsection (1) and subsections
 1502  (5) and (6) of section 550.0951, Florida Statutes, are amended
 1503  to read:
 1504         550.0951 Payment of daily license fee and taxes;
 1505  penalties.—
 1506         (1)
 1507         (b) Each permitholder that cannot utilize the full amount
 1508  of the exemption of $360,000 or $500,000 provided in s.
 1509  550.09514(1) or the daily license fee credit provided in this
 1510  section may, after notifying the division in writing, elect once
 1511  per state fiscal year on a form provided by the division to
 1512  transfer such exemption or credit or any portion thereof to any
 1513  greyhound permitholder which acts as a host track to such
 1514  permitholder for the purpose of intertrack wagering. Once an
 1515  election to transfer such exemption or credit is filed with the
 1516  division, it shall not be rescinded. The division shall
 1517  disapprove the transfer when the amount of the exemption or
 1518  credit or portion thereof is unavailable to the transferring
 1519  permitholder or when the permitholder who is entitled to
 1520  transfer the exemption or credit or who is entitled to receive
 1521  the exemption or credit owes taxes to the state pursuant to a
 1522  deficiency letter or administrative complaint issued by the
 1523  division. Upon approval of the transfer by the division, the
 1524  transferred tax exemption or credit shall be effective for the
 1525  first performance of the next payment biweekly pay period as
 1526  specified in subsection (5). The exemption or credit transferred
 1527  to such host track may be applied by such host track against any
 1528  taxes imposed by this chapter or daily license fees imposed by
 1529  this chapter. The greyhound permitholder host track to which
 1530  such exemption or credit is transferred shall reimburse such
 1531  permitholder the exact monetary value of such transferred
 1532  exemption or credit as actually applied against the taxes and
 1533  daily license fees of the host track. The division shall ensure
 1534  that all transfers of exemption or credit are made in accordance
 1535  with this subsection and shall have the authority to adopt rules
 1536  to ensure the implementation of this section.
 1537         (5)(a)Each permitholder conducting historical racing
 1538  pursuant to 550.810 shall pay a tax equal to 4 percent of the
 1539  handle from the historical racing system.
 1540         (b)The permitholder, upon authorization to conduct
 1541  historical racing pursuant to 550.810 and annually thereafter,
 1542  on the anniversary date of the authorization, shall pay a fee to
 1543  the division of $1 million. The fee shall be deposited into the
 1544  Pari-mutuel Wagering Trust Fund of the Department of Business
 1545  and Professional Regulation to be used by the division and the
 1546  Department of Law Enforcement for investigations, regulation of
 1547  historic racing, and enforcement of historic racing provisions.
 1548         (6)(5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1549  Payment for the admission tax, tax on handle, and the breaks tax
 1550  imposed by this section shall be paid to the division. The
 1551  division shall deposit these sums with the Chief Financial
 1552  Officer, to the credit of the Pari-mutuel Wagering Trust Fund,
 1553  hereby established. The permitholder shall remit to the division
 1554  payment for the daily license fee, the admission tax, the tax on
 1555  handle, and the breaks tax. Such payments shall be remitted by 3
 1556  p.m. Wednesday of each week for taxes imposed and collected for
 1557  the preceding week ending on Sunday. Beginning on July 1, 2012,
 1558  such payments shall be remitted by 3 p.m. on the 5th day of each
 1559  calendar month for taxes imposed and collected for the preceding
 1560  calendar month. If the 5th day of the calendar month falls on a
 1561  weekend, payments shall be remitted by 3 p.m. the first Monday
 1562  following the weekend. Permitholders shall file a report under
 1563  oath by the 5th day of each calendar month for all taxes
 1564  remitted during the preceding calendar month. Such payments
 1565  shall be accompanied by a report under oath showing the total of
 1566  all admissions, the pari-mutuel wagering activities for the
 1567  preceding calendar month, and such other information as may be
 1568  prescribed by the division.
 1569         (7)(6) PENALTIES.—
 1570         (a) The failure of any permitholder to make payments as
 1571  prescribed in subsection (6) (5) is a violation of this section,
 1572  and the permitholder may be subjected by the division to a civil
 1573  penalty of up to $1,000 for each day the tax payment is not
 1574  remitted. All penalties imposed and collected shall be deposited
 1575  in the General Revenue Fund. If a permitholder fails to pay
 1576  penalties imposed by order of the division under this
 1577  subsection, the division may suspend or revoke the license of
 1578  the permitholder, cancel the permit of the permitholder, or deny
 1579  issuance of any further license or permit to the permitholder.
 1580         (b) In addition to the civil penalty prescribed in
 1581  paragraph (a), any willful or wanton failure by any permitholder
 1582  to make payments of the daily license fee, admission tax, tax on
 1583  handle, or breaks tax constitutes sufficient grounds for the
 1584  division to suspend or revoke the license of the permitholder,
 1585  to cancel the permit of the permitholder, or to deny issuance of
 1586  any further license or permit to the permitholder.
 1587         Section 29. Paragraph (e) of subsection (2) and paragraph
 1588  (b) of subsection (3) of section 550.09511, Florida Statutes,
 1589  are amended to read:
 1590         550.09511 Jai alai taxes; abandoned interest in a permit
 1591  for nonpayment of taxes.—
 1592         (2) Notwithstanding the provisions of s. 550.0951(3)(b),
 1593  wagering on live jai alai performances shall be subject to the
 1594  following taxes:
 1595         (e) The payment of taxes pursuant to paragraphs (b), (c),
 1596  and (d) shall be calculated and commence beginning the day after
 1597  the biweekly period in which the permitholder is first entitled
 1598  to the reduced rate specified in this section and the report of
 1599  taxes required by s. 550.0951(5) is submitted to the division.
 1600         (3)
 1601         (b) The payment of taxes pursuant to paragraph (a) shall be
 1602  calculated and commence beginning the day after the biweekly
 1603  period in which the permitholder is first entitled to the
 1604  reduced rate specified in this subsection.
 1605         Section 30. Subsection (1) of section 550.09514, Florida
 1606  Statutes, is amended to read:
 1607         550.09514 Greyhound dogracing taxes; purse requirements.—
 1608         (1) Wagering on greyhound racing is subject to a tax on
 1609  handle for live greyhound racing as specified in s. 550.0951(3).
 1610  However, each permitholder shall pay no tax on handle until such
 1611  time as this subsection has resulted in a tax savings per state
 1612  fiscal year of $360,000. Thereafter, each permitholder shall pay
 1613  the tax as specified in s. 550.0951(3) on all handle for the
 1614  remainder of the permitholder’s current race meet, and the tax
 1615  must be calculated and commence beginning the day after the
 1616  biweekly period in which the permitholder reaches the maximum
 1617  tax savings per state fiscal year provided in this section. For
 1618  the three permitholders that conducted a full schedule of live
 1619  racing in 1995, and are closest to another state that authorizes
 1620  greyhound pari-mutuel wagering, the maximum tax savings per
 1621  state fiscal year shall be $500,000. The provisions of this
 1622  subsection relating to tax exemptions shall not apply to any
 1623  charity or scholarship performances conducted pursuant to s.
 1624  550.0351.
 1625         Section 31. Subsections (1), (2), (5), (6), (9), and (10)
 1626  of section 550.105, Florida Statutes, are amended to read:
 1627         550.105 Occupational licenses of racetrack employees; fees;
 1628  denial, suspension, and revocation of license; penalties and
 1629  fines.—
 1630         (1) Each person connected with a racetrack or jai alai
 1631  fronton, as specified in paragraph (2)(a), shall purchase from
 1632  the division an annual occupational license, which license is
 1633  valid from May 1 until June 30 of the following year. All moneys
 1634  collected pursuant to this section each fiscal year shall be
 1635  deposited into the Pari-mutuel Wagering Trust Fund. Any person
 1636  may, at her or his option and Pursuant to the rules adopted by
 1637  the division, purchase an occupational license may be valid for
 1638  a period of up to 3 years for a fee that does not exceed if the
 1639  purchaser of the license pays the full occupational license fee
 1640  for each of the years for which the license is purchased at the
 1641  time the 3-year license is requested. The occupational license
 1642  shall be valid during its specified term at any pari-mutuel
 1643  facility.
 1644         (2)(a) The following licenses shall be issued to persons or
 1645  entities with access to the backside, racing animals, jai alai
 1646  players’ room, jockeys’ room, drivers’ room, totalisator room,
 1647  the mutuels, or money room, or to persons who, by virtue of the
 1648  position they hold, might be granted access to these areas or to
 1649  any other person or entity in one of the following categories
 1650  and with scheduled annual fees not to exceed the following
 1651  amounts as follows:
 1652         1. Business licenses: any business such as a vendor,
 1653  contractual concessionaire, contract kennel, business owning
 1654  racing animals, trust or estate, totalisator company, stable
 1655  name, or other fictitious name: $50.
 1656         2. Professional occupational licenses: professional persons
 1657  with access to the backside of a racetrack or players’ quarters
 1658  in jai alai such as trainers, officials, veterinarians, doctors,
 1659  nurses, EMT’s, jockeys and apprentices, drivers, jai alai
 1660  players, owners, trustees, or any management or officer or
 1661  director or shareholder or any other professional-level person
 1662  who might have access to the jockeys’ room, the drivers’ room,
 1663  the backside, racing animals, kennel compound, or managers or
 1664  supervisors requiring access to mutuels machines, the money
 1665  room, or totalisator equipment: $40.
 1666         3. General occupational licenses: general employees with
 1667  access to the jockeys’ room, the drivers’ room, racing animals,
 1668  the backside of a racetrack or players’ quarters in jai alai,
 1669  such as grooms, kennel helpers, leadouts, pelota makers, cesta
 1670  makers, or ball boys, or a practitioner of any other occupation
 1671  who would have access to the animals, the backside, or the
 1672  kennel compound, or who would provide the security or
 1673  maintenance of these areas, or mutuel employees, totalisator
 1674  employees, money-room employees, or any employee with access to
 1675  mutuels machines, the money room, or totalisator equipment or
 1676  who would provide the security or maintenance of these areas:
 1677  $10.
 1678  
 1679  The individuals and entities that are licensed under this
 1680  paragraph require heightened state scrutiny, including the
 1681  submission by the individual licensees or persons associated
 1682  with the entities described in this chapter of fingerprints for
 1683  a Federal Bureau of Investigation criminal records check.
 1684         (b) The division shall adopt rules pertaining to pari
 1685  mutuel occupational licenses, licensing periods, and renewal
 1686  cycles.
 1687         (5)(a) The division may:
 1688         1. Deny a license to or revoke, suspend, or place
 1689  conditions upon or restrictions on a license of any person who
 1690  has been refused a license by any other state racing commission
 1691  or racing authority;
 1692         2. Deny, suspend, or place conditions on a license of any
 1693  person who is under suspension or has unpaid fines in another
 1694  jurisdiction;
 1695  
 1696  if the state racing commission or racing authority of such other
 1697  state or jurisdiction extends to the division reciprocal
 1698  courtesy to maintain the disciplinary control.
 1699         (b) The division may deny, suspend, revoke, or declare
 1700  ineligible any occupational license if the applicant for or
 1701  holder thereof has violated the provisions of this chapter or
 1702  the rules of the division governing the conduct of persons
 1703  connected with racetracks and frontons. In addition, the
 1704  division may deny, suspend, revoke, or declare ineligible any
 1705  occupational license if the applicant for such license has been
 1706  convicted in this state, in any other state, or under the laws
 1707  of the United States of a capital felony, a felony, or an
 1708  offense in any other state which would be a felony under the
 1709  laws of this state involving arson; trafficking in, conspiracy
 1710  to traffic in, smuggling, importing, conspiracy to smuggle or
 1711  import, or delivery, sale, or distribution of a controlled
 1712  substance; or a crime involving a lack of good moral character,
 1713  or has had a pari-mutuel license revoked by this state or any
 1714  other jurisdiction for an offense related to pari-mutuel
 1715  wagering.
 1716         (c) The division may deny, declare ineligible, or revoke
 1717  any occupational license if the applicant for such license has
 1718  been convicted of a felony or misdemeanor in this state, in any
 1719  other state, or under the laws of the United States, if such
 1720  felony or misdemeanor is related to gambling or bookmaking, as
 1721  contemplated in s. 849.25, or involves cruelty to animals. If
 1722  the applicant establishes that she or he is of good moral
 1723  character, that she or he has been rehabilitated, and that the
 1724  crime she or he was convicted of is not related to pari-mutuel
 1725  wagering and is not a capital offense, the restrictions
 1726  excluding offenders may be waived by the director of the
 1727  division.
 1728         (d)For purposes of this subsection, the term “convicted”
 1729  means having been found guilty, with or without adjudication of
 1730  guilt, as a result of a jury verdict, nonjury trial, or entry of
 1731  a plea of guilty or nolo contendere. However, the term
 1732  “conviction” does not apply to a crime committed prior to the
 1733  effective date of this subsection in a manner that would
 1734  invalidate any occupational license issued prior to the
 1735  effective date of this subsection or subsequent renewal for any
 1736  person holding such a license.
 1737         (e)(d) If an occupational license will expire by division
 1738  rule during the period of a suspension the division intends to
 1739  impose, or if a license would have expired but for pending
 1740  administrative charges and the occupational licensee is found to
 1741  be in violation of any of the charges, the license may be
 1742  revoked and a time period of license ineligibility may be
 1743  declared. The division may bring administrative charges against
 1744  any person not holding a current license for violations of
 1745  statutes or rules which occurred while such person held an
 1746  occupational license, and the division may declare such person
 1747  ineligible to hold a license for a period of time. The division
 1748  may impose a civil fine of up to $1,000 for each violation of
 1749  the rules of the division in addition to or in lieu of any other
 1750  penalty provided for in this section. In addition to any other
 1751  penalty provided by law, the division may exclude from all pari
 1752  mutuel facilities in this state, for a period not to exceed the
 1753  period of suspension, revocation, or ineligibility, any person
 1754  whose occupational license application has been denied by the
 1755  division, who has been declared ineligible to hold an
 1756  occupational license, or whose occupational license has been
 1757  suspended or revoked by the division.
 1758         (f)(e) The division may cancel any occupational license
 1759  that has been voluntarily relinquished by the licensee.
 1760         (6) In order to promote the orderly presentation of pari
 1761  mutuel meets authorized in this chapter, the division may issue
 1762  a temporary occupational license. The division shall adopt rules
 1763  to implement this subsection. However, no temporary occupational
 1764  license shall be valid for more than 30 days, and no more than
 1765  one temporary license may be issued for any person in any year.
 1766         (9) The tax imposed by this section is in lieu of all
 1767  license, excise, or occupational taxes to the state or any
 1768  county, municipality, or other political subdivision, except
 1769  that, if a race meeting or game is held or conducted in a
 1770  municipality, the municipality may assess and collect an
 1771  additional tax against any person conducting live racing or
 1772  games within its corporate limits, which tax may not exceed $150
 1773  per day for horseracing, or $50 per day for dogracing, or jai
 1774  alai, simulcasts, intertrack wagering, cardrooms, slot machines,
 1775  or electronic gaming machines. Except as provided in this
 1776  chapter, a municipality may not assess or collect any additional
 1777  excise or revenue tax against any person conducting race
 1778  meetings within the corporate limits of the municipality or
 1779  against any patron of any such person.
 1780         (10)(a) Upon application for an occupational license, the
 1781  division may require the applicant’s full legal name; any
 1782  nickname, alias, or maiden name for the applicant; name of the
 1783  applicant’s spouse; the applicant’s date of birth, residence
 1784  address, mailing address, residence address and business phone
 1785  number, and social security number; disclosure of any felony or
 1786  any conviction involving bookmaking, illegal gambling, or
 1787  cruelty to animals; disclosure of any past or present
 1788  enforcement or actions by any racing or gaming agency against
 1789  the applicant; and any information the division determines is
 1790  necessary to establish the identity of the applicant or to
 1791  establish that the applicant is of good moral character.
 1792  Fingerprints shall be taken in a manner approved by the division
 1793  and then shall be submitted to the Federal Bureau of
 1794  Investigation, or to the association of state officials
 1795  regulating pari-mutuel wagering pursuant to the Federal Pari
 1796  mutuel Licensing Simplification Act of 1988. The cost of
 1797  processing fingerprints shall be borne by the applicant and paid
 1798  to the association of state officials regulating pari-mutuel
 1799  wagering from the trust fund to which the processing fees are
 1800  deposited. The division shall require each applicant for an
 1801  occupational license to have the applicant’s signature witnessed
 1802  and notarized or signed in the presence of a division official.
 1803  The division, by rule, may require additional information from
 1804  licensees which is reasonably necessary to regulate the
 1805  industry. The division may, by rule, exempt certain occupations
 1806  or groups of persons from the fingerprinting requirements.
 1807         (b)All fingerprints required by this section which are
 1808  submitted to the Department of Law Enforcement shall be retained
 1809  by the Department of Law Enforcement and entered into the
 1810  statewide automated fingerprint identification system as
 1811  authorized by s. 943.05(2)(b) and shall be available for all
 1812  purposes and uses authorized for arrest fingerprint cards
 1813  entered into the statewide automated fingerprint identification
 1814  system pursuant to s. 943.051.
 1815         (c)The Department of Law Enforcement shall search all
 1816  arrest fingerprints received pursuant to s. 943.051 against the
 1817  fingerprints retained in the statewide automated fingerprint
 1818  identification system under paragraph (b). Any arrest record
 1819  that is identified with the retained fingerprints of a person
 1820  subject to the criminal history screening requirements of this
 1821  section shall be reported to the division. Each licensee shall
 1822  pay a fee to the division for the cost of retention of the
 1823  fingerprints and the ongoing searches under this paragraph. The
 1824  division shall forward the payment to the Department of Law
 1825  Enforcement. The amount of the fee to be imposed for performing
 1826  these searches and the procedures for the retention of licensee
 1827  fingerprints shall be as established by rule of the Department
 1828  of Law Enforcement. The division shall inform the Department of
 1829  Law Enforcement of any change in the license status of licensees
 1830  whose fingerprints are retained under paragraph (b).
 1831         (d)The division shall request the Department of Law
 1832  Enforcement to forward the fingerprints to the Federal Bureau of
 1833  Investigation for a national criminal history records check at
 1834  least once every 5 years following issuance of a license. If the
 1835  fingerprints of a person who is licensed have not been retained
 1836  by the Department of Law Enforcement, the person must file a
 1837  complete set of fingerprints as provided in paragraph (a). The
 1838  division shall collect the fees for the cost of the national
 1839  criminal history record check under this paragraph and forward
 1840  the payment to the Department of Law Enforcement. The cost of
 1841  processing fingerprints and conducting a criminal history record
 1842  check under this paragraph for a general occupational license
 1843  shall be borne by the applicant. The cost of processing
 1844  fingerprints and conducting a criminal history record check
 1845  under this paragraph for a business or professional occupational
 1846  license shall be borne by the person being checked. The
 1847  Department of Law Enforcement may invoice the division for the
 1848  fingerprints submitted each month. Under penalty of perjury,
 1849  each person who is licensed or who is fingerprinted as required
 1850  by this section must agree to inform the division within 48
 1851  hours if he or she is convicted of or has entered a plea of
 1852  guilty or nolo contendere to any disqualifying offense,
 1853  regardless of adjudication.
 1854         Section 32. Section 550.135, Florida Statutes, is amended
 1855  to read:
 1856         550.135 Division of moneys derived under this law.—All
 1857  moneys that are deposited with the Chief Financial Officer to
 1858  the credit of the Pari-mutuel Wagering Trust Fund shall be
 1859  distributed as follows:
 1860         (1) The daily license fee revenues collected pursuant to s.
 1861  550.0951(1) shall be used to fund the operating cost of the
 1862  division and to provide a proportionate share of the operation
 1863  of the office of the secretary and the Division of
 1864  Administration of the Department of Business and Professional
 1865  Regulation; however, other collections in the Pari-mutuel
 1866  Wagering Trust Fund may also be used to fund the operation of
 1867  the division in accordance with authorized appropriations.
 1868         (2) All unappropriated funds in excess of $1.5 million in
 1869  the Pari-mutuel Wagering Trust Fund, collected pursuant to this
 1870  chapter, shall be deposited with the Chief Financial Officer to
 1871  the credit of the General Revenue Fund.
 1872         (3) The slot machine license fee, the slot machine
 1873  occupational license fee, and the compulsive or addictive
 1874  gambling prevention program fee collected pursuant to ss.
 1875  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
 1876  direct and indirect operating expenses of the division’s slot
 1877  machine regulation operations and to provide funding for
 1878  relevant enforcement activities in accordance with authorized
 1879  appropriations. Funds deposited into the Pari-mutuel Wagering
 1880  Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1., and 551.118
 1881  shall be reserved in the trust fund for slot machine regulation
 1882  operations. On June 30, any unappropriated funds in excess of
 1883  those necessary for incurred obligations and subsequent year
 1884  cash flow for slot machine regulation operations shall be
 1885  deposited with the Chief Financial Officer to the credit of the
 1886  General Revenue Fund.
 1887         (4)The electronic gaming machine license fee, the
 1888  electronic gaming machine occupational license fee, and the
 1889  compulsive or addictive gambling prevention program fee
 1890  collected pursuant to subsection (1) of section 7 of this act
 1891  and subsection (3) of section 17 of this act shall be used to
 1892  fund the direct and indirect operating expenses of the
 1893  division’s electronic gaming machine regulation operations and
 1894  to provide funding for relevant enforcement activities in
 1895  accordance with authorized appropriations. Funds deposited into
 1896  the Pari-mutuel Wagering Trust Fund pursuant to subsection (1)
 1897  of section 7 of this act and subsection (3) of section 17 of
 1898  this act shall be reserved in the trust fund for electronic
 1899  gaming machine regulation and enforcement operations. On June
 1900  30, any unappropriated funds in excess of those necessary for
 1901  incurred obligations and subsequent year cash flow for
 1902  electronic gaming machine regulation and enforcement operations
 1903  shall be deposited with the Chief Financial Officer to the
 1904  credit of the General Revenue Fund.
 1905         Section 33. Subsection (6) of section 550.2415, Florida
 1906  Statutes, is amended to read:
 1907         550.2415 Racing of animals under certain conditions
 1908  prohibited; penalties; exceptions.—
 1909         (6)(a) It is the intent of the Legislature that animals
 1910  that participate in races in this state on which pari-mutuel
 1911  wagering is conducted and animals that are bred and trained in
 1912  this state for racing be treated humanely, both on and off
 1913  racetracks, throughout the lives of the animals.
 1914         (b) The division shall, by rule, establish the procedures
 1915  for euthanizing greyhounds. However, a greyhound may not be put
 1916  to death by any means other than by lethal injection of the drug
 1917  sodium pentobarbital. A greyhound may not be removed from this
 1918  state for the purpose of being destroyed.
 1919         (c) It is a violation of this chapter for an occupational
 1920  licensee to train a greyhound using live or dead animals. A
 1921  greyhound may not be taken from this state for the purpose of
 1922  being trained through the use of live or dead animals.
 1923         (d) Any act committed by any licensee which would
 1924  constitute A conviction of cruelty to animals as defined in
 1925  pursuant to s. 828.12 involving any a racing animal constitutes
 1926  a violation of this chapter. Imposition of any penalty by the
 1927  division for a violation of this chapter or any rule adopted by
 1928  the division pursuant to this chapter does not prohibit a
 1929  criminal prosecution for cruelty to animals.
 1930         (e)The division may inspect any area at a pari-mutuel
 1931  facility where racing animals are raced, trained, housed, or
 1932  maintained, including any areas where food, medications, or
 1933  other supplies are kept, to ensure the humane treatment of
 1934  racing animals and compliance with this chapter and the rules of
 1935  the division.
 1936         Section 34. Subsection (5) is added to section 550.26165,
 1937  Florida Statutes, is amended to read:
 1938         550.26165 Breeders’ awards.—
 1939         (5)(a)The awards programs in this chapter, which are
 1940  intended to encourage thoroughbred breeding and training
 1941  operations to locate in this state, must be responsive to
 1942  rapidly changing incentive programs in other states. To attract
 1943  such operations, it is appropriate to provide greater
 1944  flexibility to thoroughbred industry participants in this state
 1945  so that they may design competitive awards programs.
 1946         (b)Notwithstanding any other provision of law to the
 1947  contrary, the Florida Thoroughbred Breeders’ Association, as
 1948  part of its annual plan, may:
 1949         1.Pay breeders’ awards on horses finishing in first,
 1950  second, or third place in thoroughbred horse races; pay
 1951  breeders’ awards that are greater than 20 percent and less than
 1952  15 percent of the announced gross purse; and vary the rates for
 1953  breeders’ awards, based upon the place of finish, class of race,
 1954  state or country in which the race took place, and the state in
 1955  which the stallion siring the horse was standing when the horse
 1956  was conceived;
 1957         2.Pay stallion awards on horses finishing in first,
 1958  second, or third place in thoroughbred horse races; pay stallion
 1959  awards that are greater than 20 percent and less than 15 percent
 1960  of the announced gross purse; reduce or eliminate stallion
 1961  awards to enhance breeders’ awards or awards under subparagragh
 1962  3.; and vary the rates for stallion awards, based upon the place
 1963  of finish, class of race, and state or country in which the race
 1964  took place; and
 1965         3.Pay awards from the funds dedicated for breeders’ awards
 1966  and stallion awards to owners of registered Florida-bred horses
 1967  finishing in first, second, or third place in thoroughbred horse
 1968  races in this state, without regard to any awards paid pursuant
 1969  to s. 550.2625(6).
 1970         (c)Breeders’ awards or stallion awards under this chapter
 1971  may not be paid on thoroughbred horse races taking place in
 1972  other states or countries unless agreed to in writing by all
 1973  thoroughbred permitholders in this state, the Florida
 1974  Thoroughbred Breeders’ Association, and the Florida Horsemen’s
 1975  Benevolent and Protective Association, Inc.
 1976         Section 35. Paragraph (e) is added to subsection (6) of
 1977  section 550.2625, Florida Statutes, to read:
 1978         550.2625 Horseracing; minimum purse requirement, Florida
 1979  breeders’ and owners’ awards.—
 1980         (6)
 1981         (e)This subsection governs owners’ awards paid on
 1982  thoroughbred races only in this state, unless a written
 1983  agreement is filed with the division establishing the rate,
 1984  procedures, and eligibility requirements for owners’ awards,
 1985  including place of finish, class of race, maximum purse, and
 1986  maximum award, and the agreement is entered into by the
 1987  permitholder, the Florida Thoroughbred Breeders’ Association,
 1988  and the association representing a majority of the racehorse
 1989  owners and trainers at the permitholder’s location.
 1990         Section 36. Section 550.334, Florida Statutes, is amended
 1991  to read:
 1992         550.334 Quarter horse racing; substitutions.—
 1993         (1)Subject to all the applicable provisions of this
 1994  chapter, any person who possesses the qualifications prescribed
 1995  in this chapter may apply to the division for a permit to
 1996  conduct quarter horse race meetings and racing under this
 1997  chapter. The applicant must demonstrate that the location or
 1998  locations where the permit will be used are available for such
 1999  use and that she or he has the financial ability to satisfy the
 2000  reasonably anticipated operational expenses of the first racing
 2001  year following final issuance of the permit. If the racing
 2002  facility is already built, the application must contain a
 2003  statement, with reasonable supporting evidence, that the permit
 2004  will be used for quarter horse racing within 1 year after the
 2005  date on which it is granted; if the facility is not already
 2006  built, the application must contain a statement, with reasonable
 2007  supporting evidence, that substantial construction will be
 2008  started within 1 year after the issuance of the permit. After
 2009  receipt of an application, the division shall convene to
 2010  consider and act upon permits applied for. The division shall
 2011  disapprove an application if it fails to meet the requirements
 2012  of this chapter. Upon each application filed and approved, a
 2013  permit shall be issued setting forth the name of the applicant
 2014  and a statement showing qualifications of the applicant to
 2015  conduct racing under this chapter. If a favorable referendum on
 2016  a pari-mutuel facility has not been held previously within the
 2017  county, then, before a quarter horse permit may be issued by the
 2018  division, a referendum ratified by a majority of the electors in
 2019  the county is required on the question of allowing quarter horse
 2020  races within that county.
 2021         (2)After a quarter horse racing permit has been granted by
 2022  the division, the department shall grant to the lawful holder of
 2023  such permit, subject to the conditions of this section, a
 2024  license to conduct quarter horse racing under this chapter; and
 2025  the division shall fix annually the time when, place where, and
 2026  number of days upon which racing may be conducted by such
 2027  quarter horse racing permitholder. After the first license has
 2028  been issued to the holder of a permit for quarter horse racing,
 2029  all subsequent annual applications for a license by a
 2030  permitholder must be accompanied by proof, in such form as the
 2031  division requires, that the permitholder still possesses all the
 2032  qualifications prescribed by this chapter. The division may
 2033  revoke any permit or license issued under this section upon the
 2034  willful violation by the licensee of any provision of this
 2035  chapter or any rule adopted by the division under this chapter.
 2036  The division shall revoke any quarter horse permit under which
 2037  no live racing has ever been conducted before July 7, 1990, for
 2038  failure to conduct a horse meet pursuant to the license issued
 2039  where a full schedule of horseracing has not been conducted for
 2040  a period of 18 months commencing on October 1, 1990, unless the
 2041  permitholder has commenced construction on a facility at which a
 2042  full schedule of live racing could be conducted as approved by
 2043  the division. “Commenced construction” means initiation of and
 2044  continuous activities beyond site preparation associated with
 2045  erecting or modifying a horseracing facility, including
 2046  procurement of a building permit applying the use of approved
 2047  construction documents, proof of an executed owner/contractor
 2048  agreement or an irrevocable or binding forced account, and
 2049  actual undertaking of foundation forming with steel installation
 2050  and concrete placing. The 18-month period shall be extended by
 2051  the division, to the extent that the applicant demonstrates to
 2052  the satisfaction of the division that good faith commencement of
 2053  the construction of the facility is being delayed by litigation
 2054  or by governmental action or inaction with respect to
 2055  regulations or permitting precluding commencement of the
 2056  construction of the facility.
 2057         (1)(3) The operator of any licensed racetrack is authorized
 2058  to lease such track to any quarter horse racing permitholder for
 2059  the conduct of quarter horse racing under this chapter.
 2060         (4)Section 550.054 is inapplicable to quarter horse racing
 2061  as permitted under this section. All other provisions of this
 2062  chapter apply to, govern, and control such racing, and the same
 2063  must be conducted in compliance therewith.
 2064         (2)(5) Quarter horses participating in such races must be
 2065  duly registered by the American Quarter Horse Association, and
 2066  before each race such horses must be examined and declared in
 2067  fit condition by a qualified person designated by the division.
 2068         (3)(6) Any quarter horse racing days permitted under this
 2069  chapter are in addition to any other racing permitted under the
 2070  license issued the track where such quarter horse racing is
 2071  conducted.
 2072         (4)(7)(a) Any quarter horse racing permitholder operating
 2073  under a valid permit issued by the division is authorized to
 2074  substitute races of other breeds of horses, except
 2075  thoroughbreds, which are, respectively, registered with the
 2076  American Paint Horse Association, Appaloosa Horse Club, Arabian
 2077  Horse Registry of America, Palomino Horse Breeders of America,
 2078  or United States Trotting Association, Florida Cracker Horse
 2079  Association, or for no more than 50 percent of the quarter horse
 2080  races daily, and may substitute races of thoroughbreds
 2081  registered with the Jockey Club for no more than 50 percent of
 2082  the quarter horse races conducted by the permitholder during the
 2083  year daily with the written consent of all greyhound, harness,
 2084  and thoroughbred permitholders whose pari-mutuel facilities are
 2085  located within 50 air miles of such quarter horse racing
 2086  permitholder’s pari-mutuel facility.
 2087         (b)Any permittee operating within an area of 50 air miles
 2088  of a licensed thoroughbred track may not substitute thoroughbred
 2089  races under this section while a thoroughbred horse race meet is
 2090  in progress within that 50 miles. Any permittee operating within
 2091  an area of 125 air miles of a licensed thoroughbred track may
 2092  not substitute live thoroughbred races under this section while
 2093  a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
 2094  is conducting a thoroughbred meet within that 125 miles. These
 2095  mileage restrictions do not apply to any permittee that holds a
 2096  nonwagering permit issued pursuant to s. 550.505.
 2097         (5)(8) A quarter horse permit issued pursuant to this
 2098  section is not eligible for transfer or conversion to another
 2099  type of pari-mutuel operation.
 2100         (6)(9) Any nonprofit corporation, including, but not
 2101  limited to, an agricultural cooperative marketing association,
 2102  organized and incorporated under the laws of this state may
 2103  apply for a quarter horse racing permit and operate racing meets
 2104  under such permit, provided all pari-mutuel taxes and fees
 2105  applicable to such racing are paid by the corporation. However,
 2106  insofar as its pari-mutuel operations are concerned, the
 2107  corporation shall be considered to be a corporation for profit
 2108  and is subject to taxation on all property used and profits
 2109  earned in connection with its pari-mutuel operations.
 2110         (10)Intertrack wagering shall not be authorized for any
 2111  quarter horse permitholder without the written consent of all
 2112  greyhound, harness, and thoroughbred permitholders whose pari
 2113  mutuel facilities are located within 50 air miles of such
 2114  quarter horse permitholder’s pari-mutuel facility.
 2115         Section 37. Section 550.3355, Florida Statutes, is amended
 2116  to read:
 2117         550.3355 Harness track licenses for summer quarter horse
 2118  racing.—Any harness track licensed to operate under the
 2119  provisions of s. 550.375 may make application for, and shall be
 2120  issued by the division, a license to operate not more than 50
 2121  quarter horse racing days during the summer season, which shall
 2122  extend from July 1 June 1 until October 1 September 1 of each
 2123  year. However, this license to operate quarter horse racing for
 2124  50 days is in addition to the racing days and dates provided in
 2125  s. 550.375 for harness racing during the winter seasons; and, it
 2126  does not affect the right of such licensee to operate harness
 2127  racing at the track as provided in s. 550.375 during the winter
 2128  season. All provisions of this chapter governing quarter horse
 2129  racing not in conflict herewith apply to the operation of
 2130  quarter horse meetings authorized hereunder, except that all
 2131  quarter horse racing permitted hereunder shall be conducted at
 2132  night.
 2133         Section 38. Section 550.3605, Florida Statutes, is
 2134  repealed.
 2135         Section 39. Section 550.5251, Florida Statutes, is amended
 2136  to read:
 2137         550.5251 Florida thoroughbred racing; certain permits;
 2138  operating days.—
 2139         (1)Each thoroughbred permitholder under whose permit
 2140  thoroughbred racing was conducted in this state at any time
 2141  between January 1, 1987, and January 1, 1988, shall annually be
 2142  entitled to apply for and annually receive thoroughbred racing
 2143  days and dates as set forth in this section. As regards such
 2144  permitholders, the annual thoroughbred racing season shall be
 2145  from June 1 of any year through May 31 of the following year and
 2146  shall be known as the “Florida Thoroughbred Racing Season.”
 2147         (1)(2) Each thoroughbred permitholder referred to in
 2148  subsection (1) shall annually, during the period commencing
 2149  December 15 of each year and ending January 4 of the following
 2150  year, file in writing with the division its application to
 2151  conduct one or more thoroughbred racing meetings during the
 2152  thoroughbred racing season commencing on the following July June
 2153  1. Each application shall specify the number and dates of all
 2154  performances that the permitholder intends to conduct during
 2155  that thoroughbred racing season. On or before February 15 of
 2156  each year, the division shall issue a license authorizing each
 2157  permitholder to conduct performances on the dates specified in
 2158  its application. By February 28 Up to March 31 of each year,
 2159  each permitholder may request and shall be granted changes in
 2160  its authorized performances; but thereafter, as a condition
 2161  precedent to the validity of its license and its right to retain
 2162  its permit, each permitholder must operate the full number of
 2163  days authorized on each of the dates set forth in its license.
 2164         (3)Each thoroughbred permit referred to in subsection (1),
 2165  including, but not limited to, any permit originally issued as a
 2166  summer thoroughbred horse racing permit, is hereby validated and
 2167  shall continue in full force and effect.
 2168         (2)(4) A thoroughbred racing permitholder may not begin any
 2169  race later than 7 p.m. Any thoroughbred permitholder in a county
 2170  in which the authority for cardrooms has been approved by the
 2171  board of county commissioners may operate a cardroom and, when
 2172  conducting live races during its current race meet, may receive
 2173  and rebroadcast out-of-state races after the hour of 7 p.m. on
 2174  any day during which the permitholder conducts live races.
 2175         (3)(5)(a) Each licensed thoroughbred permitholder in this
 2176  state must run an average of one race per racing day in which
 2177  horses bred in this state and duly registered with the Florida
 2178  Thoroughbred Breeders’ Association have preference as entries
 2179  over non-Florida-bred horses, unless otherwise agreed to in
 2180  writing by the permitholder, the Florida Thoroughbred Breeders’
 2181  Association, and the association representing a majority of the
 2182  thoroughbred racehorse owners and trainers at that location. All
 2183  licensed thoroughbred racetracks shall write the conditions for
 2184  such races in which Florida-bred horses are preferred so as to
 2185  assure that all Florida-bred horses available for racing at such
 2186  tracks are given full opportunity to run in the class of races
 2187  for which they are qualified. The opportunity of running must be
 2188  afforded to each class of horses in the proportion that the
 2189  number of horses in this class bears to the total number of
 2190  Florida-bred horses available. A track is not required to write
 2191  conditions for a race to accommodate a class of horses for which
 2192  a race would otherwise not be run at the track during its meet
 2193  meeting.
 2194         (b) Each licensed thoroughbred permitholder in this state
 2195  may run one additional race per racing day composed exclusively
 2196  of Arabian horses registered with the Arabian Horse Registry of
 2197  America. Any licensed thoroughbred permitholder that elects to
 2198  run one additional race per racing day composed exclusively of
 2199  Arabian horses registered with the Arabian Horse Registry of
 2200  America is not required to provide stables for the Arabian
 2201  horses racing under this paragraph.
 2202         (c) Each licensed thoroughbred permitholder in this state
 2203  may run up to three additional races per racing day composed
 2204  exclusively of quarter horses registered with the American
 2205  Quarter Horse Association.
 2206         (6)Notwithstanding the provisions of subsection (2), a
 2207  thoroughbred permitholder who fails to operate all performances
 2208  on its 2001-2002 license does not lose its right to retain its
 2209  permit. Such thoroughbred permitholder is eligible for issuance
 2210  of an annual license pursuant to s. 550.0115 for subsequent
 2211  thoroughbred racing seasons. The division shall take no
 2212  disciplinary action against such thoroughbred permitholder for
 2213  failure to operate all licensed performances for the 2001-2002
 2214  license pursuant to this section or s. 550.01215. This section
 2215  may not be interpreted to prohibit the division from taking
 2216  disciplinary action against a thoroughbred permitholder for
 2217  failure to pay taxes on performances operated pursuant to its
 2218  2001-2002 license. This subsection expires July 1, 2003.
 2219         (7)A thoroughbred permitholder shall file an amendment
 2220  with the division no later than July 1, 2002, that indicates
 2221  that it will not be able to operate the performances scheduled
 2222  on its 2002-2003 license without imposition of any penalty for
 2223  failure to operate all licensed performances provided in this
 2224  chapter. This subsection expires July 1, 2003.
 2225         Section 40. Section 550.810, Florida Statutes, is created
 2226  to read:
 2227         550.810Historical racing.—
 2228         (1)Subject to the requirements of this section and
 2229  compliance with the rules adopted by the division, a licensed
 2230  pari-mutuel facility may operate a historical racing system if:
 2231         (a)No identifying information about any race or the
 2232  competing horses or dogs in that race is revealed to a patron
 2233  until after the patron’s wagers is irrevocably placed;
 2234         (b)The results of a patron’s wager are shown to the patron
 2235  using video or mechanical displays, or both, and the patron has
 2236  the opportunity to view all or any portion of the race;
 2237         (c)The historical racing takes place under a licensed
 2238  pari-mutuel permit and the pari-mutuel permitholder also holds a
 2239  cardroom license; and
 2240         (d)The licensed pari-mutuel permit holder has paid the fee
 2241  in s. 550.0951(5)(d).
 2242         (2)(a)Historic racing may not be authorized to a
 2243  permitholder licensed under chapter 550, Florida Statutes, to
 2244  conduct live pari-mutuel wagering races or games unless the
 2245  permitholder has on file with the division the following binding
 2246  written agreements governing the payment of awards and purses on
 2247  the handle generated from historic racing conducted at the
 2248  licensee’s pari-mutuel facility:
 2249         1.For a thoroughbred permitholder, an agreement governing
 2250  the payment of purses between the permitholder and the Florida
 2251  Horsemen’s Benevolent and Protective Association, Inc., or the
 2252  association representing a majority of the thoroughbred owners
 2253  and trainers at the permitholder’s eligible facility located as
 2254  described in s. 550.615(9), Florida Statutes, and an agreement
 2255  governing the payment of awards between the permitholder and the
 2256  Florida Thoroughbred Breeders’ Association;
 2257         2.For a harness permitholder, an agreement governing the
 2258  payment of purses and awards between the permitholder and the
 2259  Florida Standardbred Breeders and Owners Association;
 2260         3.For a greyhound permitholder, an agreement governing the
 2261  payment of purses between the permitholder and the Florida
 2262  Greyhound Association, Inc.;
 2263         4.For a quarter horse permitholder, an agreement governing
 2264  the payment of purses between the applicant and the Florida
 2265  Quarter Horse Racing Association or the association representing
 2266  a majority of the horse owners and trainers at the applicants
 2267  eligible facility, and an agreement governing the payment of
 2268  awards between the permitholder and the Florida Quarter Horse
 2269  Breeders and Owners Association; or
 2270         5.For a jai alai permitholder, an agreement governing the
 2271  payment of player awards between the permitholder and the
 2272  International Jai Alai Players Association or a binding written
 2273  agreement approved by a majority of the jai alai players at the
 2274  permitholder’s eligible facility at which the applicant has a
 2275  permit issued after January 1, 2000, to conduct jai alai.
 2276         (b)The agreements may direct the payment of purses and
 2277  awards from revenues generated by any wagering or games the
 2278  applicant is authorized to conduct under state law. All purses
 2279  and awards are subject to the terms of chapter 550, Florida
 2280  Statutes. All sums for breeders’, stallion, and special racing
 2281  awards shall be remitted monthly to the respective breeders
 2282  association for the payment of awards, subject to the
 2283  administrative fees authorized under chapter 550, Florida
 2284  Statutes.
 2285         (3)The amount of historical racing wagering terminals may
 2286  be:
 2287         (a)A licensed greyhound facility may have 500 historical
 2288  racing terminals.
 2289         (b)A licensed thoroughbred facility may have 500
 2290  historical racing terminals.
 2291         (c)A licensed harness track facility may have 500
 2292  historical racing terminals.
 2293         (d)A licensed quarter horse facility may have 500
 2294  historical racing terminals.
 2295         (e)A licensed jai alai facility may have 500 historical
 2296  racing terminals.
 2297         (4)The moneys wagered on races via the historical racing
 2298  system shall be separated from the moneys wagered on live races
 2299  conducted at, and on other races simulcast to, the licensee’s
 2300  facility.
 2301         (5)The division shall adopt rules necessary to implement,
 2302  administer, and regulate the operation of historical racing
 2303  systems in this state. The rules must include:
 2304         (a)Procedures for regulating, managing, and auditing the
 2305  operation, financial data, and program information relating to
 2306  historical racing systems that enable the division to audit the
 2307  operation, financial data, and program information of pari
 2308  mutuel facility authorized to operate a historical racing
 2309  system.
 2310         (b)Technical requirements to operate a historical racing
 2311  system.
 2312         (c)Procedures to require licensees to maintain specified
 2313  records and submit any data, information, record, or report,
 2314  including financial and income records, required by this act or
 2315  rules of the division.
 2316         (d)Procedures relating to historical racing system
 2317  revenues, including verifying and accounting for such revenues,
 2318  auditing, and collecting taxes and fees.
 2319         (e)Minimum standards for security of the facilities,
 2320  including floor plans, security cameras, and other security
 2321  equipment.
 2322         (f)Procedures to ensure that a historical racing machine
 2323  does not enter the state and be offered for play until it has
 2324  been tested and certified by a licensed testing laboratory for
 2325  play in the state. The procedures shall address measures to
 2326  scientifically test and technically evaluate electronic gaming
 2327  machines for compliance with laws and rules regulating
 2328  historical racing machines. The division may contract with an
 2329  independent testing laboratory to conduct any necessary testing.
 2330  The independent testing laboratory must have a national
 2331  reputation indicating that it is demonstrably competent and
 2332  qualified to scientifically test and evaluate that the
 2333  historical racing systems perform the functions required by laws
 2334  and rules regulating historical racing machines. An independent
 2335  testing laboratory may not be owned or controlled by a licensee.
 2336  The selection of an independent laboratory for any purpose
 2337  related to the conduct of historical racing systems by a
 2338  licensee shall be made from a list of laboratories approved by
 2339  the division. The division shall adopt rules regarding the
 2340  testing, certification, control, and approval of historical
 2341  racing systems.
 2342         (6)Notwithstanding any other provision of the law, the
 2343  proceeds of pari-mutuel tickets purchased for historical racing
 2344  that are not redeemed within 1 year after purchase shall be
 2345  divided as follows:
 2346         (a)Fifty percent shall be retained by the permitholder;
 2347  and
 2348         (b)Fifty percent shall be paid into the permitholder’s
 2349  purse account.
 2350         Section 41. Subsection (7) of section 551.102, Florida
 2351  Statutes, is amended to read:
 2352         551.102 Definitions.—As used in this chapter, the term:
 2353         (7) “Progressive system” means a computerized system
 2354  linking slot machines in one or more licensed facilities within
 2355  this state or other jurisdictions and offering one or more
 2356  common progressive payouts based on the amounts wagered.
 2357         Section 42. Paragraph (j) of subsection (4) of section
 2358  551.104, Florida Statutes, is amended to read:
 2359         551.104 License to conduct slot machine gaming.—
 2360         (4) As a condition of licensure and to maintain continued
 2361  authority for the conduct of slot machine gaming, the slot
 2362  machine licensee shall:
 2363         (j) Ensure that the payout percentage of a slot machine
 2364  gaming facility is at least no less than 85 percent.
 2365         Section 43. Paragraph (a) of subsection (1), paragraph (a)
 2366  of subsection (2), and subsection (3) of section 551.106,
 2367  Florida Statutes, are amended to read:
 2368         551.106 License fee; tax rate; penalties.—
 2369         (1) LICENSE FEE.—
 2370         (a) Upon submission of the initial application for a slot
 2371  machine license and annually thereafter, on the anniversary date
 2372  of the issuance of the initial license, the licensee must pay to
 2373  the division a nonrefundable license fee of $3 million for the
 2374  succeeding 12 months of licensure. In the 2010-2011 fiscal year,
 2375  the licensee must pay the division a nonrefundable license fee
 2376  of $2.5 million for the succeeding 12 months of licensure. In
 2377  the 2011-2012 fiscal year and for every fiscal year thereafter,
 2378  the licensee must pay the division a nonrefundable license fee
 2379  of $2 million for the succeeding 12 months of licensure. The
 2380  license fee shall be deposited into the Pari-mutuel Wagering
 2381  Trust Fund of the Department of Business and Professional
 2382  Regulation to be used by the division and the Department of Law
 2383  Enforcement for investigations, regulation of slot machine
 2384  gaming, and enforcement of slot machine gaming provisions under
 2385  this chapter. These payments shall be accounted for separately
 2386  from taxes or fees paid pursuant to the provisions of chapter
 2387  550.
 2388         (2) TAX ON SLOT MACHINE REVENUES.—
 2389         (a) The tax rate on slot machine revenues at each facility
 2390  shall be 50 percent. In the 2010-2011 fiscal year, the tax rate
 2391  on slot machine revenues at each facility shall be 42 percent.
 2392  In the 2011-2012 fiscal year and every year thereafter, the tax
 2393  rate on slot machine revenue at each facility shall be 35
 2394  percent.
 2395         (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
 2396  on slot machine revenues imposed by this section shall be paid
 2397  to the division. The division shall deposit these sums with the
 2398  Chief Financial Officer, to the credit of the Pari-mutuel
 2399  Wagering Trust Fund. The slot machine licensee shall remit to
 2400  the division payment for the tax on slot machine revenues. Such
 2401  payments shall be remitted by 3 p.m. Wednesday of each week for
 2402  taxes imposed and collected for the preceding week ending on
 2403  Sunday. Beginning on July 1, 2012, the slot machine licensee
 2404  shall remit to the division payment for the tax on slot machine
 2405  revenues by 3 p.m. on the 5th day of each calendar month for
 2406  taxes imposed and collected for the preceding calendar month. If
 2407  the 5th day of the calendar month falls on a weekend, payments
 2408  shall be remitted by 3 p.m. the first Monday following the
 2409  weekend. The slot machine licensee shall file a report under
 2410  oath by the 5th day of each calendar month for all taxes
 2411  remitted during the preceding calendar month. Such payments
 2412  shall be accompanied by a report under oath showing all slot
 2413  machine gaming activities for the preceding calendar month and
 2414  such other information as may be prescribed by the division.
 2415         Section 44. Subsection (1) of section 551.113, Florida
 2416  Statutes, is amended to read:
 2417         551.113 Persons prohibited from playing slot machines.—
 2418         (1) A person who has not attained 18 21 years of age may
 2419  not play or operate a slot machine or have access to the
 2420  designated slot machine gaming area of a facility of a slot
 2421  machine licensee.
 2422         Section 45. Subsection (5) of section 551.121, Florida
 2423  Statutes, is amended to read:
 2424         551.121 Prohibited activities and devices; exceptions.—
 2425         (5) A slot machine, or the computer operating system
 2426  linking the slot machine, may be linked by any means to any
 2427  other slot machine or computer operating system within the
 2428  facility of a slot machine licensee. A progressive system may
 2429  not be used in conjunction with slot machines between licensed
 2430  facilities in Florida or in other jurisdictions.
 2431         Section 46. Paragraph (a) of subsection (1) and paragraph
 2432  (a) of subsection (2) of section 772.102, Florida Statutes, are
 2433  amended to read:
 2434         772.102 Definitions.—As used in this chapter, the term:
 2435         (1) “Criminal activity” means to commit, to attempt to
 2436  commit, to conspire to commit, or to solicit, coerce, or
 2437  intimidate another person to commit:
 2438         (a) Any crime that is chargeable by indictment or
 2439  information under the following provisions:
 2440         1. Section 210.18, relating to evasion of payment of
 2441  cigarette taxes.
 2442         2. Section 414.39, relating to public assistance fraud.
 2443         3. Section 440.105 or s. 440.106, relating to workers’
 2444  compensation.
 2445         4. Part IV of chapter 501, relating to telemarketing.
 2446         5. Chapter 517, relating to securities transactions.
 2447         6. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2448  relating to dogracing and horseracing.
 2449         7. Chapter 550, relating to jai alai frontons.
 2450         8. Chapter 552, relating to the manufacture, distribution,
 2451  and use of explosives.
 2452         9. Chapter 562, relating to beverage law enforcement.
 2453         10. Section 624.401, relating to transacting insurance
 2454  without a certificate of authority, s. 624.437(4)(c)1., relating
 2455  to operating an unauthorized multiple-employer welfare
 2456  arrangement, or s. 626.902(1)(b), relating to representing or
 2457  aiding an unauthorized insurer.
 2458         11. Chapter 687, relating to interest and usurious
 2459  practices.
 2460         12. Section 721.08, s. 721.09, or s. 721.13, relating to
 2461  real estate timeshare plans.
 2462         13. Chapter 782, relating to homicide.
 2463         14. Chapter 784, relating to assault and battery.
 2464         15. Chapter 787, relating to kidnapping or human
 2465  trafficking.
 2466         16. Chapter 790, relating to weapons and firearms.
 2467         17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
 2468  796.07, relating to prostitution.
 2469         18. Chapter 806, relating to arson.
 2470         19. Section 810.02(2)(c), relating to specified burglary of
 2471  a dwelling or structure.
 2472         20. Chapter 812, relating to theft, robbery, and related
 2473  crimes.
 2474         21. Chapter 815, relating to computer-related crimes.
 2475         22. Chapter 817, relating to fraudulent practices, false
 2476  pretenses, fraud generally, and credit card crimes.
 2477         23. Section 827.071, relating to commercial sexual
 2478  exploitation of children.
 2479         24. Chapter 831, relating to forgery and counterfeiting.
 2480         25. Chapter 832, relating to issuance of worthless checks
 2481  and drafts.
 2482         26. Section 836.05, relating to extortion.
 2483         27. Chapter 837, relating to perjury.
 2484         28. Chapter 838, relating to bribery and misuse of public
 2485  office.
 2486         29. Chapter 843, relating to obstruction of justice.
 2487         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2488  s. 847.07, relating to obscene literature and profanity.
 2489         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2490  849.25, relating to gambling.
 2491         32. Chapter 893, relating to drug abuse prevention and
 2492  control.
 2493         33. Section 914.22 or s. 914.23, relating to witnesses,
 2494  victims, or informants.
 2495         34. Section 918.12 or s. 918.13, relating to tampering with
 2496  jurors and evidence.
 2497         (2) “Unlawful debt” means any money or other thing of value
 2498  constituting principal or interest of a debt that is legally
 2499  unenforceable in this state in whole or in part because the debt
 2500  was incurred or contracted:
 2501         (a) In violation of any one of the following provisions of
 2502  law:
 2503         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2504  relating to dogracing and horseracing.
 2505         2. Chapter 550, relating to jai alai frontons.
 2506         3. Section 687.071, relating to criminal usury, loan
 2507  sharking, and shylocking.
 2508         4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2509  849.25, relating to gambling.
 2510         Section 47. Paragraphs (a) and (b) of subsection (5),
 2511  subsections (6) and (7), paragraphs (b) and (c) of subsection
 2512  (8), and paragraphs (a) and (b) of subsection (12) of section
 2513  849.086, Florida Statutes, are amended to read:
 2514         849.086 Cardrooms authorized.—
 2515         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 2516  operate a cardroom in this state unless such person holds a
 2517  valid cardroom license issued pursuant to this section.
 2518         (a) Only those persons holding a valid cardroom license
 2519  issued by the division may operate a cardroom. A cardroom
 2520  license may only be issued to a licensed pari-mutuel
 2521  permitholder and an authorized cardroom may only be operated at
 2522  the same facility at which the permitholder is authorized under
 2523  its valid pari-mutuel wagering permit to conduct pari-mutuel
 2524  wagering activities. An initial cardroom license only shall be
 2525  issued to a pari-mutuel permitholder that has run a full
 2526  schedule of live races as defined in s. 550.002(11) for the
 2527  previous 2 fiscal years prior to application for a license and
 2528  only if the permitholder is licensed to conduct a full schedule
 2529  of live races or games during the state fiscal year in which the
 2530  initial cardroom license is issued.
 2531         (b) After the initial cardroom license is granted, the
 2532  application for the annual license renewal shall be made in
 2533  conjunction with the applicant’s annual application for its
 2534  pari-mutuel license. If a permitholder has operated a cardroom
 2535  during any of the 3 previous fiscal years and fails to include a
 2536  renewal request for the operation of the cardroom in its annual
 2537  application for license renewal, the permitholder may amend its
 2538  annual application to include operation of the cardroom. In
 2539  order for a cardroom license to be renewed the applicant must
 2540  have requested, as part of its pari-mutuel annual license
 2541  application, to conduct at least 90 percent of the total number
 2542  of live performances conducted by such permitholder during
 2543  either the state fiscal year in which its initial cardroom
 2544  license was issued or the state fiscal year immediately prior
 2545  thereto. If the application is for a harness permitholder
 2546  cardroom, the applicant must have requested authorization to
 2547  conduct a minimum of 140 live performances during the state
 2548  fiscal year immediately prior thereto. If more than one
 2549  permitholder is operating at a facility, each permitholder must
 2550  have applied for a license to conduct a full schedule of live
 2551  racing.
 2552         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 2553  APPLICATION; FEES.—
 2554         (a) A person employed or otherwise working in a cardroom as
 2555  a cardroom manager, floor supervisor, pit boss, dealer, or any
 2556  other activity related to cardroom operations while the facility
 2557  is conducting card playing or games of dominoes must hold a
 2558  valid cardroom employee occupational license issued by the
 2559  division. Food service, maintenance, and security employees with
 2560  a current pari-mutuel occupational license and a current
 2561  background check will not be required to have a cardroom
 2562  employee occupational license.
 2563         (b) Any cardroom management company or cardroom distributor
 2564  associated with cardroom operations must hold a valid cardroom
 2565  business occupational license issued by the division.
 2566         (c) No licensed cardroom operator may employ or allow to
 2567  work in a cardroom any person unless such person holds a valid
 2568  occupational license. No licensed cardroom operator may
 2569  contract, or otherwise do business with, a business required to
 2570  hold a valid cardroom business occupational license, unless the
 2571  business holds such a valid license.
 2572         (d) The division shall establish, by rule, a schedule for
 2573  the annual renewal of cardroom occupational licenses. Cardroom
 2574  occupational licenses are not transferable.
 2575         (e) Persons seeking cardroom occupational licenses, or
 2576  renewal thereof, shall make application on forms prescribed by
 2577  the division. Applications for cardroom occupational licenses
 2578  shall contain all of the information the division, by rule, may
 2579  determine is required to ensure eligibility.
 2580         (f) The division shall promulgate rules regarding cardroom
 2581  occupational licenses. The provisions specified in s.
 2582  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 2583  shall be applicable to cardroom occupational licenses.
 2584         (g) The division may deny, declare ineligible, or revoke
 2585  any cardroom occupational license if the applicant or holder
 2586  thereof has been found guilty or had adjudication withheld in
 2587  this state or any other state, or under the laws of the United
 2588  States of a felony or misdemeanor involving forgery, larceny,
 2589  extortion, conspiracy to defraud, or filing false reports to a
 2590  government agency, racing or gaming commission or authority.
 2591         (h) Fingerprints for all cardroom occupational license
 2592  applications shall be taken in a manner approved by the division
 2593  and then shall be submitted to the Florida Department of Law
 2594  Enforcement and the Federal Bureau of Investigation for a
 2595  criminal records check upon initial application and every 5
 2596  years thereafter. The division may by rule require an annual
 2597  record check of all renewal applications for a cardroom
 2598  occupational license. The cost of processing fingerprints and
 2599  conducting a record check shall be borne by the applicant.
 2600         (i) The cardroom employee occupational license fee shall
 2601  not exceed be $50 for any 12-month period. The cardroom business
 2602  occupational license fee shall not exceed be $250 for any 12
 2603  month period.
 2604         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 2605         (a) A cardroom may be operated only at the location
 2606  specified on the cardroom license issued by the division, and
 2607  such location may only be the location at which the pari-mutuel
 2608  permitholder is authorized to conduct pari-mutuel wagering
 2609  activities pursuant to such permitholder’s valid pari-mutuel
 2610  permit or as otherwise authorized by law. Cardroom operations
 2611  may not be allowed beyond the hours provided in paragraph (b)
 2612  regardless of the number of cardroom licenses issued for
 2613  permitholders operating at the pari-mutuel facility.
 2614         (b) Any cardroom operator horserace, greyhound race, or jai
 2615  alai permitholder licensed under this section may operate a
 2616  cardroom at the pari-mutuel facility daily throughout the year,
 2617  on any day for a cumulative amount of 12 hours if the
 2618  permitholder meets the requirements under paragraph (5)(b). The
 2619  cardroom may be open a cumulative amount of 18 hours per day on
 2620  Monday through Friday and 24 hours per day on Saturday and
 2621  Sunday and on the holidays specified in s. 110.117(1).
 2622         (c) A cardroom operator must at all times employ and
 2623  provide a nonplaying dealer for each table on which authorized
 2624  card games which traditionally use a dealer are conducted at the
 2625  cardroom. Such dealers may not have a participatory interest in
 2626  any game other than the dealing of cards and may not have an
 2627  interest in the outcome of the game. The providing of such
 2628  dealers by a licensee does not constitute the conducting of a
 2629  banking game by the cardroom operator.
 2630         (d) A cardroom operator may award giveaways, jackpots, and
 2631  prizes to a player who holds certain combinations of cards
 2632  specified by the cardroom operator.
 2633         (e) Each cardroom operator shall conspicuously post upon
 2634  the premises of the cardroom a notice which contains a copy of
 2635  the cardroom license; a list of authorized games offered by the
 2636  cardroom; the wagering limits imposed by the house, if any; any
 2637  additional house rules regarding operation of the cardroom or
 2638  the playing of any game; and all costs to players to
 2639  participate, including any rake by the house. In addition, each
 2640  cardroom operator shall post at each table a notice of the
 2641  minimum and maximum bets authorized at such table and the fee
 2642  for participation in the game conducted.
 2643         (f) The cardroom facility is subject to inspection by the
 2644  division or any law enforcement agency during the licensee’s
 2645  regular business hours. The inspection must specifically include
 2646  the permitholder internal control procedures approved by the
 2647  division.
 2648         (g) A cardroom operator may refuse entry to or refuse to
 2649  allow any person who is objectionable, undesirable, or
 2650  disruptive to play, but such refusal may not be on the basis of
 2651  race, creed, color, religion, gender, national origin, marital
 2652  status, physical handicap, or age, except as provided in this
 2653  section.
 2654         (8) METHOD OF WAGERS; LIMITATION.—
 2655         (b) The cardroom operator may limit the amount wagered in
 2656  any game or series of games, but the maximum bet may not exceed
 2657  $5 in value. There may not be more than three raises in any
 2658  round of betting. The fee charged by the cardroom for
 2659  participation in the game shall not be included in the
 2660  calculation of the limitation on the bet amount provided in this
 2661  paragraph. However, A cardroom operator may conduct games of
 2662  Texas Hold-em without a betting limit if the required player
 2663  buy-in is no more than $100.
 2664         (c) A tournament shall consist of a series of games. The
 2665  entry fee for a tournament may be set by the cardroom operator,
 2666  including any re-buys, may not exceed the maximum amount that
 2667  could be wagered by a participant in 10 like-kind, nontournament
 2668  games under paragraph (b). Tournaments may be played only with
 2669  tournament chips that are provided to all participants in
 2670  exchange for an entry fee and any subsequent re-buys. All
 2671  players must receive an equal number of tournament chips for
 2672  their entry fee. Tournament chips have no cash value and
 2673  represent tournament points only. There is no limitation on the
 2674  number of tournament chips that may be used for a bet except as
 2675  otherwise determined by the cardroom operator. Tournament chips
 2676  may never be redeemed for cash or for any other thing of value.
 2677  The distribution of prizes and cash awards must be determined by
 2678  the cardroom operator before entry fees are accepted. For
 2679  purposes of tournament play only, the term “gross receipts”
 2680  means the total amount received by the cardroom operator for all
 2681  entry fees, player re-buys, and fees for participating in the
 2682  tournament less the total amount paid to the winners or others
 2683  as prizes.
 2684         (12) PROHIBITED ACTIVITIES.—
 2685         (a)1.A No person licensed to operate a cardroom may not
 2686  conduct any banking game or any game not specifically authorized
 2687  by this section except as provided in subparagraph (b)2.
 2688         (b) A No person under 18 years of age may not be permitted
 2689  to hold a cardroom or employee license, or engage in any game
 2690  conducted therein.
 2691         2.Cardroom licensees located in Miami-Dade County and
 2692  Broward County who are slot machine licensees pursuant to
 2693  chapter 551 and have conducted a full schedule of live racing
 2694  pursuant to s. 550.002(11) for the prior 2 fiscal years may
 2695  conduct the game of blackjack if the Governor and the Seminole
 2696  Tribe of Florida enter into a signed compact that permits the
 2697  Seminole Tribe of Florida the ability to play roulette or
 2698  roulette-style games or craps or craps-style games, and only if
 2699  the compact is approved or deemed approved by the Department of
 2700  the Interior and properly noticed in the Federal Register.
 2701  Cardroom licensees who are authorized to conduct the game of
 2702  blackjack shall pay a tax to the state of 10 percent of the
 2703  cardroom operation’s monthly gross receipts, which shall include
 2704  blackjack revenue.
 2705         Section 48. Subsection (2) of section 849.15, Florida
 2706  Statutes, is amended to read:
 2707         849.15 Manufacture, sale, possession, etc., of coin
 2708  operated devices prohibited.—
 2709         (2) Pursuant to section 2 of that chapter of the Congress
 2710  of the United States entitled “An act to prohibit transportation
 2711  of gaming devices in interstate and foreign commerce,” approved
 2712  January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
 2713  designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
 2714  acting by and through the duly elected and qualified members of
 2715  its Legislature, does hereby in this section, and in accordance
 2716  with and in compliance with the provisions of section 2 of such
 2717  chapter of Congress, declare and proclaim that any county of the
 2718  State of Florida within which slot machine gaming is authorized
 2719  pursuant to chapter 551 or electronic gaming or historical
 2720  racing is authorized at eligible pari-mutuel facilities is
 2721  exempt from the provisions of section 2 of that chapter of the
 2722  Congress of the United States entitled “An act to prohibit
 2723  transportation of gaming devices in interstate and foreign
 2724  commerce,” designated as 15 U.S.C. ss. 1171-1177, approved
 2725  January 2, 1951. All shipments of gaming devices, including slot
 2726  machines, electronic gaming machines, and historical racing
 2727  systems, into any county of this state within which slot machine
 2728  gaming is authorized pursuant to chapter 551 or electronic
 2729  gaming or historical racing is authorized at eligible pari
 2730  mutuel facilities and the registering, recording, and labeling
 2731  of which have been duly performed by the manufacturer or
 2732  distributor thereof in accordance with sections 3 and 4 of that
 2733  chapter of the Congress of the United States entitled “An act to
 2734  prohibit transportation of gaming devices in interstate and
 2735  foreign commerce,” approved January 2, 1951, being ch. 1194, 64
 2736  Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
 2737  shall be deemed legal shipments thereof into this state provided
 2738  the destination of such shipments is an eligible facility as
 2739  defined in s. 551.102 or the facility of a slot machine
 2740  manufacturer or slot machine distributor as provided in s.
 2741  551.109(2), a certified educational facility, or the facility of
 2742  an electronic gaming machine or hitorical racing system
 2743  manufacturer or electronic gaming machine or historical racing
 2744  system distributor authorized to possess electronic gaming
 2745  machines as provided in the act authorizing electronic gaming
 2746  machines or historical racing systems at eligible pari-mutuel
 2747  facilities s. 551.109(2)(a).
 2748         Section 49. Subsection (3) is added to section 849.161,
 2749  Florida Statutes, to read:
 2750         849.161 Amusement games or machines; when chapter
 2751  inapplicable.—
 2752         (3)This chapter does not apply to licensed cardroom
 2753  operators having historical racing systems pursuant to chapter
 2754  550 which operate by means of the insertion of coin, currency,
 2755  or voucher and which by application of an element of skill may
 2756  entitle the person playing or operating the game or machine to
 2757  receive payouts from one or more pari-mutuel pools.
 2758         Section 50. Subsections (1) and (2) of section 895.02,
 2759  Florida Statutes, are amended to read:
 2760         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 2761         (1) “Racketeering activity” means to commit, to attempt to
 2762  commit, to conspire to commit, or to solicit, coerce, or
 2763  intimidate another person to commit:
 2764         (a) Any crime that is chargeable by petition, indictment,
 2765  or information under the following provisions of the Florida
 2766  Statutes:
 2767         1. Section 210.18, relating to evasion of payment of
 2768  cigarette taxes.
 2769         2. Section 316.1935, relating to fleeing or attempting to
 2770  elude a law enforcement officer and aggravated fleeing or
 2771  eluding.
 2772         3. Section 403.727(3)(b), relating to environmental
 2773  control.
 2774         4. Section 409.920 or s. 409.9201, relating to Medicaid
 2775  fraud.
 2776         5. Section 414.39, relating to public assistance fraud.
 2777         6. Section 440.105 or s. 440.106, relating to workers’
 2778  compensation.
 2779         7. Section 443.071(4), relating to creation of a fictitious
 2780  employer scheme to commit unemployment compensation fraud.
 2781         8. Section 465.0161, relating to distribution of medicinal
 2782  drugs without a permit as an Internet pharmacy.
 2783         9. Section 499.0051, relating to crimes involving
 2784  contraband and adulterated drugs.
 2785         10. Part IV of chapter 501, relating to telemarketing.
 2786         11. Chapter 517, relating to sale of securities and
 2787  investor protection.
 2788         12. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2789  relating to dogracing and horseracing.
 2790         13. Chapter 550, relating to jai alai frontons.
 2791         14. Section 551.109, relating to slot machine gaming.
 2792         15. Chapter 552, relating to the manufacture, distribution,
 2793  and use of explosives.
 2794         16. Chapter 560, relating to money transmitters, if the
 2795  violation is punishable as a felony.
 2796         17. Chapter 562, relating to beverage law enforcement.
 2797         18. Section 624.401, relating to transacting insurance
 2798  without a certificate of authority, s. 624.437(4)(c)1., relating
 2799  to operating an unauthorized multiple-employer welfare
 2800  arrangement, or s. 626.902(1)(b), relating to representing or
 2801  aiding an unauthorized insurer.
 2802         19. Section 655.50, relating to reports of currency
 2803  transactions, when such violation is punishable as a felony.
 2804         20. Chapter 687, relating to interest and usurious
 2805  practices.
 2806         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 2807  real estate timeshare plans.
 2808         22. Section 775.13(5)(b), relating to registration of
 2809  persons found to have committed any offense for the purpose of
 2810  benefiting, promoting, or furthering the interests of a criminal
 2811  gang.
 2812         23. Section 777.03, relating to commission of crimes by
 2813  accessories after the fact.
 2814         24. Chapter 782, relating to homicide.
 2815         25. Chapter 784, relating to assault and battery.
 2816         26. Chapter 787, relating to kidnapping or human
 2817  trafficking.
 2818         27. Chapter 790, relating to weapons and firearms.
 2819         28. Chapter 794, relating to sexual battery, but only if
 2820  such crime was committed with the intent to benefit, promote, or
 2821  further the interests of a criminal gang, or for the purpose of
 2822  increasing a criminal gang member’s own standing or position
 2823  within a criminal gang.
 2824         29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
 2825  796.05, or s. 796.07, relating to prostitution and sex
 2826  trafficking.
 2827         30. Chapter 806, relating to arson and criminal mischief.
 2828         31. Chapter 810, relating to burglary and trespass.
 2829         32. Chapter 812, relating to theft, robbery, and related
 2830  crimes.
 2831         33. Chapter 815, relating to computer-related crimes.
 2832         34. Chapter 817, relating to fraudulent practices, false
 2833  pretenses, fraud generally, and credit card crimes.
 2834         35. Chapter 825, relating to abuse, neglect, or
 2835  exploitation of an elderly person or disabled adult.
 2836         36. Section 827.071, relating to commercial sexual
 2837  exploitation of children.
 2838         37. Chapter 831, relating to forgery and counterfeiting.
 2839         38. Chapter 832, relating to issuance of worthless checks
 2840  and drafts.
 2841         39. Section 836.05, relating to extortion.
 2842         40. Chapter 837, relating to perjury.
 2843         41. Chapter 838, relating to bribery and misuse of public
 2844  office.
 2845         42. Chapter 843, relating to obstruction of justice.
 2846         43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2847  s. 847.07, relating to obscene literature and profanity.
 2848         44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2849  849.25, relating to gambling.
 2850         45. Chapter 874, relating to criminal gangs.
 2851         46. Chapter 893, relating to drug abuse prevention and
 2852  control.
 2853         47. Chapter 896, relating to offenses related to financial
 2854  transactions.
 2855         48. Sections 914.22 and 914.23, relating to tampering with
 2856  or harassing a witness, victim, or informant, and retaliation
 2857  against a witness, victim, or informant.
 2858         49. Sections 918.12 and 918.13, relating to tampering with
 2859  jurors and evidence.
 2860         50.Provisions of law relating to electronic gaming and
 2861  electronic gaming machines or historical racing systems at
 2862  eligible pari-mutuel facilities.
 2863         (b) Any conduct defined as “racketeering activity” under 18
 2864  U.S.C. s. 1961(1).
 2865         (2) “Unlawful debt” means any money or other thing of value
 2866  constituting principal or interest of a debt that is legally
 2867  unenforceable in this state in whole or in part because the debt
 2868  was incurred or contracted:
 2869         (a) In violation of any one of the following provisions of
 2870  law:
 2871         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2872  relating to dogracing and horseracing.
 2873         2. Chapter 550, relating to jai alai frontons.
 2874         3. Section 551.109, relating to slot machine gaming.
 2875         4. Chapter 687, relating to interest and usury.
 2876         5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2877  849.25, relating to gambling.
 2878         6.Provisions of law relating to electronic gaming and
 2879  electronic gaming machines or historical racing systems at
 2880  eligible pari-mutuel facilities.
 2881         (b) In gambling activity in violation of federal law or in
 2882  the business of lending money at a rate usurious under state or
 2883  federal law.
 2884         Section 51. (1)(a)For the 2009-2010 fiscal year, 51 full
 2885  time equivalent positions and 2,150,146 in associated salary
 2886  rate are authorized, and the sums of $2,269,319 in recurring
 2887  funds and $893,689 in nonrecurring funds are appropriated from
 2888  the Pari-mutuel Wagering Trust Fund of the Department of
 2889  Business and Professional Regulation for the purpose of carrying
 2890  out all regulatory activities provided in this act. The
 2891  Executive Office of the Governor shall place these positions,
 2892  associated rate, and funds in reserve until the Executive Office
 2893  of the Governor has approved an expenditure plan and a budget
 2894  amendment submitted by the Department of Business and
 2895  Professional Regulation recommending the transfer of such funds
 2896  to traditional appropriation categories. Any action proposed
 2897  pursuant to this paragraph is subject to the procedures set
 2898  forth in s. 216.177, Florida Statutes.
 2899         (b)For the 2009-2010 fiscal year, the sum of $2,777,606 in
 2900  recurring funds is appropriated from the Pari-mutuel Wagering
 2901  Trust Fund of the Department of Business and Professional
 2902  Regulation for transfer to the Operating Trust Fund of the
 2903  Department of Law Enforcement for the purpose of investigations,
 2904  intelligence gathering, background investigations, and any other
 2905  responsibilities as provided in this act.
 2906         (2)For the 2009-2010 fiscal year, 39 full-time equivalent
 2907  positions and 1,700,939 in associated salary rate are
 2908  authorized, and the sum of $2,777,606 in recurring funds is
 2909  appropriated from the Operating Trust Fund of the Department of
 2910  Law Enforcement for the purpose of investigations, intelligence
 2911  gathering, background investigations, and any other
 2912  responsibilities as provided by this act. The Executive Office
 2913  of the Governor shall place these positions, associated rate,
 2914  and funds in reserve until the Executive Office of the Governor
 2915  has approved an expenditure plan and a budget amendment
 2916  submitted by the Department of Law Enforcement recommending the
 2917  transfer of such funds to traditional appropriation categories.
 2918  Any action proposed pursuant to this subsection is subject to
 2919  the procedures set forth in s. 216.177, Florida Statutes.
 2920         (3)For the 2009-2010 fiscal year, the sum of $1 million in
 2921  recurring funds is appropriated from the Pari-mutuel Wagering
 2922  Trust Fund of the Department of Business and Professional
 2923  Regulation from revenues received pursuant to s. 551.118,
 2924  Florida Statutes, for contract services related to the
 2925  prevention of compulsive and addictive gambling.
 2926         Section 52. Sections 1 and 52 of this act shall take effect
 2927  upon becoming a law if SB 788 or substantially similar
 2928  legislation is adopted during the 2009 legislative session, or
 2929  an extension thereof, and becomes law; except that, sections 2
 2930  through 51 of this act shall take effect only if the Governor
 2931  and an authorized representative of the Seminole Tribe of
 2932  Florida execute an Indian gaming compact pursuant to the Indian
 2933  Gaming Regulatory Act of 1988 and the requirements of SB 788, or
 2934  similar legislation, and only if such compact is approved or
 2935  deemed approved by the United States Department of the Interior,
 2936  and such sections shall take effect on the date that the
 2937  approved compact is published in the Federal Register.


Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2019 State of Florida.