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       Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. HB 7145, 2nd Eng.
       
       
       
       
       
       
                                Barcode 328550                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
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                Floor: 1/AD/2R         .           Floor: RC            
             04/29/2009 03:41 PM       .      04/29/2009 06:26 PM       
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       Senator Jones moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Legislature finds that the pari-mutuel
    6  industry has played an important part in the development of this
    7  state and that it is a vital part of the state’s economy. The
    8  Legislature also recognizes that many individuals and small
    9  businesses provide services to the pari-mutuel industry and rely
   10  upon the continued vigor of the industry to survive. The pari
   11  mutuel industry and these individuals and small business employ
   12  many Floridians, pay a variety of taxes to support state and
   13  local governmental activities, and contribute to the economy of
   14  this state. Given the important role played by the industry, and
   15  the individuals and small businesses associated with it, as well
   16  as the current state of the economy in the United States in
   17  general and in Florida in particular, the Legislature finds that
   18  in order to preserve the industry, to ensure continued
   19  employment for many Floridians, and to preserve and improve the
   20  state’s revenues, measures must be taken to eliminate
   21  unnecessary regulations, encourage business and regulatory
   22  efficiency, reduce unnecessary tax burdens, and increase
   23  revenues to the state.
   24         Section 2. Electronic gaming machines authorized.—An
   25  electronic gaming machine licensee may possess electronic gaming
   26  machines and operate electronic gaming machines at an eligible
   27  facility, as defined by section 3. of this act, where the
   28  licensee is authorized to conduct pari-mutuel wagering
   29  activities under to chapter 550, Florida Statutes.
   30  Notwithstanding any other provision of law, it is not a crime
   31  for a person to participate in electronic gaming at a facility
   32  licensed to possess electronic gaming machines or to operate
   33  electronic gaming machines.
   34         Section 3. As used in this act, the term:
   35         (1)“Bingo” or “game of bingo” means the game of chance
   36  commonly known as “bingo,” which may include the use of
   37  electronic, computer, or other technological aids. Such aids may
   38  include entertainment displays, including spinning reels, video
   39  displays, associated bonus displays, and video poker. The game
   40  of bingo requires at least two live players competing for a
   41  common prize. The prizes result from a random draw or electronic
   42  determination and release or announcement of numbers or other
   43  designations necessary to form the predesignated game-winning
   44  pattern on an electronic bingo card. A game of bingo ends when a
   45  player receives a predesignated game-winning pattern and
   46  consolation prizes, if any, are awarded. The game of bingo does
   47  not include house-banked games or electronic or
   48  electromechanical facsimiles of any other game of chance or slot
   49  machine of any kind.
   50         (2)“Bonus prize” means a prize awarded in a bingo game in
   51  addition to the game-winning prize. The term includes prizes
   52  based on predesignated and preannounced patterns that differ
   53  from the game-winning pattern, a winning pattern in a specified
   54  quantity of numbers or designations drawn or electronically
   55  determined and released, or any combination of these patterns.
   56  The term includes a prize awarded as an interim prize while
   57  players are competing for the game-winning prize or as a
   58  consolation prize after a player has won the game-winning prize.
   59         (3)“Designated electronic gaming machine area” means any
   60  area of a facility of an electronic gaming machine licensee in
   61  which electronic gaming may be conducted.
   62         (4)“Distributor” means any person who sells, leases,
   63  offers, or otherwise provides, distributes, or services any
   64  electronic gaming machine or associated equipment, software, or
   65  other functions required for use or play of electronic gaming
   66  machines in this state. The term may include a manufacturer.
   67         (5)“Division” means the Division of Pari-mutuel Wagering
   68  of the Department of Business and Professional Regulation.
   69         (6)“Electronic game” means an electronically simulated
   70  bingo game that:
   71         (a)Is played on an electronic gaming machine that, upon
   72  insertion of a ticket, or an electronic or account-based card,
   73  is available to play or simulate a game of bingo played on a
   74  network of electronic gaming machines;
   75         (b)Is not house-banked;
   76         (c)May award bonus prizes and progressive prizes; and
   77         (d)May make provide payoffs to players in the form of
   78  tickets or electronic or account-based credits that may be
   79  exchanged for cash, merchandise, or other items of value.
   80         (7)“Electronic gaming machine” means a player station,
   81  machine, or device, including associated equipment that is
   82  required to operate the player station, machine, or device, upon
   83  which an electronic game is played or operated. An electronic
   84  gaming machine:
   85         (a)May include spinning reels, video displays, video
   86  poker, or other similar technologies to convey outcomes to a
   87  player of simulated bingo as approved by the division.
   88         (b)Must display one or more bingo cards used in the game
   89  before numbers or other designations for the game are randomly
   90  drawn.
   91         (c)Must display any card in use by a player during game
   92  play.
   93         (d)Must be directly linked to a central computer for
   94  purposes of security, monitoring, and auditing. The central
   95  computer may not limit a facility’s ability to deploy its
   96  electronic player tracking or electronic gaming accounting
   97  system. However, such systems must use a widely accepted open
   98  communications protocol to ensure interoperability among all
   99  manufacturers and to provide a player with the ability to
  100  seamlessly alternate play between the electronic gaming machines
  101  and electronic gaming machines of different licensed
  102  manufacturers.
  103         (e)Is not a coin-operated amusement machine as defined in
  104  s. 212.02, Florida Statutes, or an amusement game or machine as
  105  described in s. 849.161, Florida Statutes. Electronic gaming
  106  machines are not subject to the tax imposed by s. 212.05(1)(h),
  107  Florida Statutes.
  108         (8)“Electronic gaming machine facility” means an eligible
  109  facility at which electronic gaming machines are lawfully
  110  offered for play.
  111         (9)“Electronic gaming machine license” means a license
  112  issued by the division authorizing a licensee under chapter 550,
  113  Florida Statutes, to place and operate electronic gaming
  114  machines in an eligible facility.
  115         (10)“Electronic gaming machine revenues” means all cash
  116  and property, except nonredeemable credits, received by the
  117  electronic gaming machine licensee from the operation of
  118  electronic gaming machines, less the amount of cash, cash
  119  equivalents, credits, and prizes paid to winners of electronic
  120  games.
  121         (11)“Eligible facility” means a facility at which a
  122  licensee under chapter 550, Florida Statutes, has run a full
  123  schedule of live racing, as defined in s. 550.002(11), Florida
  124  Statutes, and is a cardroom license holder, but not a slot
  125  machine facility licensed under chapter 551, Florida Statutes.
  126         (12)“Game-winning pattern” means a predetermined pattern
  127  on an electronic bingo card. Each game must have one game
  128  winning pattern or arrangement that must be common to all
  129  players and may be won by multiple players simultaneously. A
  130  game-winning prize must be awarded in every game. The pattern
  131  designated as the game-winning pattern need not pay the highest
  132  prize available in the game. Other patterns may be designated
  133  for the award of bonus prizes in addition to the prize to
  134  awarded based on the game-winning pattern.
  135         (13)“Manufacturer” means any person who manufactures,
  136  builds, rebuilds, fabricates, assembles, produces, programs,
  137  designs, or modifies any electronic gaming machine or associated
  138  equipment for use or play in this state for gaming purposes.
  139         (14)“Nonredeemable credits” means electronic gaming
  140  machine operating credits that may not be redeemed for cash or
  141  any other thing of value by an electronic gaming machine, kiosk,
  142  or the electronic gaming machine licensee and that are provided
  143  for free to patrons. The credits become nonredeemable credits
  144  when they are metered as credit into an electronic gaming
  145  machine and recorded in the facility-based monitoring system.
  146         (15)“Progressive prize” means an established prize for a
  147  bingo game that is:
  148         (a)Funded by a percentage of each player’s purchase or
  149  wager within one or more licensed facilities for a specific
  150  progressive bingo game;
  151         (b)Awarded to a player who obtains a specific
  152  predesignated and preannounced pattern having a specified
  153  quantity of numbers or designations randomly drawn and released
  154  or electronically determined or randomly drawn and released or
  155  electronically determined in a specified sequence; and
  156         (c)Rolled over to each subsequent specific progressive
  157  bingo game until it is won.
  158         Section 4. Powers and duties of the Division of Pari-Mutuel
  159  Wagering and the Department of Law Enforcement.—
  160         (1)The division shall adopt rules necessary to implement,
  161  administer, and regulate the operation of electronic gaming
  162  machines in this state. The rules shall include:
  163         (a)Procedures for applying for and renewing electronic
  164  gaming machine licenses.
  165         (b)Technical requirements and qualifications to receive an
  166  electronic gaming machine license or electronic gaming machine
  167  occupational license.
  168         (c)Procedures to ensure that an electronic game or
  169  electronic gaming machine does not enter the state or is not
  170  offered for play until it has been tested and certified by a
  171  licensed testing laboratory for play in the state.
  172         (d)Procedures to test, certify, control, and approve
  173  electronic games and electronic gaming machines. The procedures
  174  shall address measures to scientifically test and technically
  175  evaluate electronic gaming machines for compliance with the
  176  applicable laws and rules. The division may contract with an
  177  independent testing laboratory to conduct any necessary testing.
  178  The independent testing laboratory must have a national
  179  reputation indicating that it is demonstrably competent and
  180  qualified to scientifically test and evaluate electronic games
  181  and electronic gaming machines and to perform the functions
  182  required by this act. An independent testing laboratory may not
  183  be owned or controlled by a licensee. The selection of an
  184  independent testing laboratory for any purpose related to the
  185  conduct of electronic gaming machines by a licensee shall be
  186  made from a list of laboratories approved by the division.
  187         (e)Procedures relating to electronic gaming machine
  188  revenues, including verifying and accounting for such revenues,
  189  auditing, and collecting taxes and fees.
  190         (f)1.Procedures to regulate, manage, and audit the
  191  operation, financial data, and program information relating to
  192  electronic gaming machines which enable the division and the
  193  Department of Law Enforcement to audit the operation, financial
  194  data, and program information of an electronic gaming machine
  195  licensee required by the division or the Department of Law
  196  Enforcement.
  197         2.Procedures to allow the division and the Department of
  198  Law Enforcement to:
  199         a.Monitor, at any time on a real-time basis, wagering
  200  patterns, payouts, tax collection, and compliance with division
  201  rules;
  202         b.Suspend play immediately on particular electronic gaming
  203  machines if the facilities-based computer system indicates
  204  possible tampering with or manipulation of the electronic gaming
  205  machines; and
  206         c.Immediately suspend play of the entire operation if the
  207  facilities-based computer system may have been tampered with or
  208  manipulated. The division shall notify the Department of Law
  209  Enforcement or the Department of Law Enforcement shall notify
  210  the division, as appropriate, when there is a suspension of play
  211  under this subparagraph. The division and the Department of Law
  212  Enforcement shall exchange information that is necessary for and
  213  cooperate in the investigation of the circumstances resulting in
  214  suspension of play.
  215         (g)Procedures to require each licensee operating
  216  electronic gaming machines, at the licensee’s expense, to supply
  217  the division with a bond having the penal sum of $2 million
  218  payable to the Chief Financial Officer. Any bond shall be issued
  219  by a surety approved by the division and the Chief Financial
  220  Officer, conditioned to pay the Chief Financial Officer as
  221  treasurer of the division. The licensee must keep its books and
  222  records and make reports as provided in this act and conduct
  223  electronic gaming machine operations in conformity with this act
  224  and other provisions of law. Such bond shall be separate from
  225  the bond required in s. 550.125, Florida Statutes.
  226         (h)Procedures to require licensees to maintain specified
  227  records and submit any data, information, records, or reports,
  228  including financial and income records, required by this act or
  229  rules of the division.
  230         (i)A requirement that the payout percentage of an
  231  electronic gaming machine facility be at least 85 percent. The
  232  theoretical payout percentage shall be determined using standard
  233  methods of probability theory.
  234         (j)Minimum standards of security for the facilities,
  235  including floor plans, security cameras, and other security
  236  equipment.
  237         (k)Procedures to require electronic gaming machine
  238  licensees to implement and establish drug-testing programs for
  239  all electronic gaming machine occupational licensees.
  240         (2)The division shall conduct investigations necessary to
  241  fulfill its responsibilities to regulate electronic gaming
  242  machine facilities.
  243         (3)The Department of Law Enforcement and local law
  244  enforcement agencies have concurrent jurisdiction to investigate
  245  criminal violations of laws regulating electronic gaming
  246  facilities and may investigate any other criminal violation of
  247  law occurring at a facility. Such investigations may be
  248  conducted in conjunction with the appropriate state attorney.
  249         (4)(a)The division, the Department of Law Enforcement, and
  250  local law enforcement agencies have unrestricted access to an
  251  electronic gaming machine licensee’s facility at all times and
  252  shall require each electronic gaming machine licensee to
  253  strictly comply with the laws of this state relating to the
  254  transaction of such business. The division, the Department of
  255  Law Enforcement, and local law enforcement agencies may:
  256         1.Inspect and examine premises where electronic gaming
  257  machines are offered for play.
  258         2.Inspect electronic gaming machines and related equipment
  259  and supplies.
  260         (b)In addition, the division may:
  261         1.Collect taxes, assessments, fees, and penalties.
  262         2.Deny, revoke, suspend, or place conditions on the
  263  license of a person who violates this act or rules adopted
  264  pursuant thereto.
  265         (5)The division shall revoke or suspend the license of any
  266  person who is no longer qualified or who is found to have been
  267  unqualified at the time of application for the license.
  268         (6)This section does not:
  269         (a)Prohibit the Department of Law Enforcement or any law
  270  enforcement authority whose jurisdiction includes a licensed
  271  facility from conducting investigations of criminal activities
  272  occurring at the facility;
  273         (b)Restrict access to an electronic gaming machine
  274  licensee’s facility by the Department of Law Enforcement or any
  275  local law enforcement authority whose jurisdiction includes the
  276  electronic gaming machine licensee’s facility; or
  277         (c)Restrict access by the Department of Law Enforcement or
  278  local law enforcement authorities to information and records
  279  necessary to the investigation of criminal activity which are
  280  contained within the electronic gaming machine licensee’s
  281  facility.
  282         Section 5. License to conduct electronic gaming.—
  283         (1)Upon application and a finding by the division after
  284  investigation that the application is complete and the applicant
  285  is qualified and payment of the initial license fee, the
  286  division may issue a license to conduct electronic gaming in any
  287  designated electronic gaming machine area of an eligible
  288  facility.
  289         (2)An electronic gaming machine license may be issued only
  290  to a person or entity licensed to conduct pari-mutuel wagering
  291  under chapter 550, Florida Statutes, and electronic gaming may
  292  be operated only at the eligible facility at which the licensee
  293  is authorized to conduct pari-mutuel wagering activities.
  294         (3)As a condition of licensure and to maintain continued
  295  authority to conduct electronic gaming, an electronic gaming
  296  machine licensee shall:
  297         (a)Comply with this act.
  298         (b)Comply with chapter 550, Florida Statutes, and maintain
  299  the pari-mutuel permit and license in good standing pursuant to
  300  chapter 550, Florida Statutes. Notwithstanding any contrary
  301  provision of law, a pari-mutuel permitholder may, within 60 days
  302  after the effective date of this act, amend its pari-mutuel
  303  wagering operating license. The division shall issue a new
  304  license to the permitholder to effectuate any approved change.
  305         (c)Conduct at least a full schedule of live racing or
  306  games as defined in s. 550.002(11), Florida Statutes, including
  307  races or games under s. 550.475, Florida Statutes, or be
  308  authorized to conduct limited intertrack wagering under s.
  309  550.6308, Florida Statutes, at the eligible facility. A
  310  licensee’s responsibility to conduct such number of live races
  311  or games shall be reduced by the number of races or games that
  312  could not be conducted due to the direct result of fire, war,
  313  hurricane, or other disaster or event beyond the control of the
  314  licensee.
  315         (d)Provide appropriate current and accurate documentation,
  316  on a timely basis, to the division relating to changes in
  317  ownership or interest in an electronic gaming machine license.
  318  Changes in ownership or interest in an electronic gaming machine
  319  license of 5 percent or more of the stock or other evidence of
  320  ownership or equity in the electronic gaming machine license or
  321  of any parent corporation or other business entity that owns or
  322  controls the electronic gaming machine license must be approved
  323  by the division prior to such change, unless the owner is an
  324  existing holder of the license who was previously approved by
  325  the division. Any changes in ownership or interest in an
  326  electronic gaming machine license of less than 5 percent, unless
  327  such change results in a cumulative total of 5 percent or more,
  328  shall be reported to the division within 20 days after the
  329  change. The division may conduct an investigation to ensure that
  330  the license is properly updated to show the change in ownership
  331  or interest. Reporting is not required if the person is holding
  332  5 percent or less equity or securities of a corporate owner of
  333  the electronic gaming machine licensee that has its securities
  334  registered pursuant to s. 12 of the Securities Exchange Act of
  335  1934, 15 U.S.C. ss. 78a-78kk, and if such corporation or entity
  336  files with the United States Securities and Exchange Commission
  337  the reports required by s. 13 of that act, or if the securities
  338  of the corporation or entity are regularly traded on an
  339  established securities market in the United States. A change in
  340  ownership or interest of less than 5 percent which results in a
  341  cumulative ownership or interest of 5 percent or more must be
  342  approved by the division prior to such change unless the owner
  343  is an existing holder of the license who was previously approved
  344  by the division.
  345         (e)Provide the division and the Department of Law
  346  Enforcement unrestricted access to inspect the facilities of an
  347  electronic gaming machine licensee in which any activity
  348  relative to the operation of electronic gaming machines is
  349  conducted.
  350         (f)Ensure that the facilities-based computer system or
  351  operational and accounting functions of the electronic gaming
  352  machine facility is specifically structured to facilitate
  353  regulatory oversight. The facilities-based computer system shall
  354  give the division and the Department of Law Enforcement the
  355  ability to monitor, at any time on a real-time basis, the
  356  wagering patterns, payouts, tax collection, and such other
  357  operations as are necessary to determine whether the facility is
  358  in compliance with statutory provisions and rules adopted by the
  359  division for the regulation and control of electronic gaming
  360  machines. The division and the Department of Law Enforcement
  361  shall have continuous access to this system. The division and
  362  the department shall have the ability to suspend play
  363  immediately on particular electronic gaming machines if the
  364  system indicates possible tampering with or manipulation of
  365  those electronic gaming machines or the ability to immediately
  366  suspend play of the entire operation if the system indicates
  367  that the system has been tampered with or manipulated. The
  368  computer system shall be reviewed and approved by the division
  369  to ensure necessary access, security, and functionality. The
  370  division may adopt rules to provide for the approval process.
  371         (g)Ensure that each electronic gaming machine and
  372  electronic game is protected from manipulation or tampering
  373  affecting the random probabilities of winning plays. The
  374  division or the Department of Law Enforcement may suspend play
  375  upon reasonable suspicion of any manipulation or tampering. If
  376  play has been suspended on any electronic gaming machine, the
  377  division or the Department of Law Enforcement may examine the
  378  machine to determine whether the machine has been tampered with
  379  or manipulated and whether the machine should be returned to
  380  operation.
  381         (h)Submit a security plan, including the facilities’ floor
  382  plans, the locations of security cameras, and a listing of all
  383  security equipment that is capable of observing and
  384  electronically recording activities being conducted in the
  385  facilities of the electronic gaming machine licensee. The
  386  security plan must meet the minimum security requirements as
  387  determined by the division by rule, and be implemented before
  388  operation of electronic gaming machine games. The electronic
  389  gaming machine licensee’s facilities must adhere to the security
  390  plan at all times. Any changes to the security plan must be
  391  submitted by the licensee to the division before they are
  392  implemented. The division shall furnish copies of the security
  393  plan and changes in the plan to the Department of Law
  394  Enforcement.
  395         (i)Create and file with the division a written policy for:
  396         1.Creating opportunities to purchase from vendors in this
  397  state, including minority vendors.
  398         2.Creating opportunities for employment of residents of
  399  this state, including minority residents.
  400         3.Ensuring opportunities for construction services from
  401  minority contractors.
  402         4.Ensuring that opportunities for employment are offered
  403  on an equal, nondiscriminatory basis.
  404         5.Providing training for employees on responsible gaming
  405  and working with a compulsive or addictive gambling prevention
  406  program to further its purposes as provided for in this act.
  407         6.The implementation of a drug-testing program that
  408  includes, but is not limited to, requiring each employee to sign
  409  an agreement that he or she understands that the electronic
  410  gaming machine facility is a drug-free workplace.
  411  
  412         The electronic gaming machine licensee shall use the
  413  Internet-based job-listing system of the Agency for Workforce
  414  Innovation in advertising employment opportunities. Beginning in
  415  June 2010, each electronic gaming machine licensee shall submit
  416  an annual report to the division containing information
  417  indicating compliance with this paragraph in regard to minority
  418  persons.
  419         (j)Maintain a payout percentage of at least 85 percent per
  420  electronic gaming machine facility. The theoretical payout
  421  percentage shall be determined using standard methods of
  422  probability theory.
  423         (4)An electronic gaming machine license is not
  424  transferable.
  425         (5)An electronic gaming machine licensee shall keep and
  426  maintain daily records of its electronic gaming machine
  427  operations and shall maintain such records for at least 5 years.
  428  These records must include all financial transactions and
  429  contain sufficient detail to determine compliance with laws and
  430  rules regulating electronic gaming. All records shall be
  431  available for audit and inspection by the division, the
  432  Department of Law Enforcement, or other law enforcement agencies
  433  during the licensee’s regular business hours.
  434         (6)An electronic gaming machine licensee shall file with
  435  the division a monthly report containing the required records of
  436  such electronic gaming machine operations. The required reports
  437  shall be submitted on forms prescribed by the division and shall
  438  be due at the same time as the monthly pari-mutuel reports are
  439  due. Such reports are public records once filed.
  440         (7)An electronic gaming machine licensee shall file with
  441  the division an audit of the receipt and distribution of all
  442  electronic gaming machine revenues. The audit must be performed
  443  by an independent certified public accountant who shall verify
  444  whether the licensee has complied with the financial and
  445  auditing laws and rules applicable to the licensee. The audit
  446  must include verification of compliance with all statutes and
  447  rules regarding all required records of electronic gaming
  448  machine operations. Such audit shall be filed within 120 days
  449  after completion of the permitholder’s fiscal year.
  450         (8)The division may share any information with the
  451  Department of Law Enforcement, any other law enforcement agency
  452  having jurisdiction over electronic gaming machines or pari
  453  mutuel activities, or any other state or federal law enforcement
  454  agency or division that the Department of Law Enforcement deems
  455  appropriate. Any law enforcement agency having jurisdiction over
  456  electronic gaming machines or pari-mutuel activities may share
  457  with the division information obtained or developed by it.
  458         (9)(a)An electronic gaming machine license or renewal may
  459  not be issued to an applicant licensed under chapter 550,
  460  Florida Statutes, to conduct live pari-mutuel wagering races or
  461  games unless the applicant has on file with the division the
  462  following binding written agreements governing the payment of
  463  awards and purses on live races or games conducted at the
  464  licensee’s pari-mutuel facility:
  465         1.For a thoroughbred licensee, an agreement governing the
  466  payment of purses between the applicant and the Florida
  467  Horsemen’s Benevolent and Protective Association, Inc., or the
  468  association representing a majority of the thoroughbred owners
  469  and trainers at the applicant’s eligible facility located as
  470  described in s. 550.615(9), Florida Statutes, and an agreement
  471  governing the payment of awards between the applicant and the
  472  Florida Thoroughbred Breeders’ Association;
  473         2.For a harness licensee, an agreement governing the
  474  payment of purses and awards between the applicant and the
  475  Florida Standardbred Breeders and Owners Association;
  476         3.For a greyhound licensee, an agreement governing the
  477  payment of purses between the applicant and the Florida
  478  Greyhound Association, Inc.;
  479         4.For a quarter horse licensee, an agreement governing the
  480  payment of purses between the applicant and the Florida Quarter
  481  Horse Racing Association or the association representing a
  482  majority of the horse owners and trainers at the applicants
  483  eligible facility, and an agreement governing the payment of
  484  awards between the applicant and the Florida Quarter Horse
  485  Breeders and Owners Association; or
  486         5.For a jai alai licensee, an agreement governing the
  487  payment of player awards between the applicant and the
  488  International Jai Alai Players Association or a binding written
  489  agreement approved by a majority of the jai alai players at the
  490  applicant’s eligible facility at which the applicant has a
  491  permit issued after January 1, 2000, to conduct jai alai.
  492         (b)The agreements may direct the payment of purses and
  493  awards from revenues generated by any wagering or games that the
  494  applicant is authorized to conduct under state law. All purses
  495  and awards are subject to the terms of chapter 550, Florida
  496  Statutes. All sums for breeders’, stallion, and special racing
  497  awards shall be remitted monthly to the respective breeders
  498  association for the payment of awards, subject to the
  499  administrative fees authorized under chapter 550, Florida
  500  Statutes.
  501         (c)An electronic gaming machine license or renewal thereof
  502  may not be issued to an applicant licensed to conduct intertrack
  503  wagering under s. 550.6308, Florida Statutes, unless the
  504  applicant has on file with the division a binding written
  505  agreement between the applicant and the Florida Thoroughbred
  506  Breeders’ Association, Inc., dedicating to the payment of
  507  breeders’, stallion, and special racing awards on live
  508  thoroughbred races conducted in this state at least the same
  509  percentage of electronic gaming machine revenues as the highest
  510  percentage of electronic gaming machine revenues dedicated to
  511  purses and awards in a current agreement under this subsection
  512  by an applicant licensed under chapter 550, Florida Statutes, to
  513  conduct live thoroughbred races. At least half of such funds
  514  must be distributed as special racing awards.
  515         (d)The division shall suspend an electronic gaming machine
  516  license if any agreement required under paragraph (a) is
  517  terminated or otherwise ceases to operate or if the division
  518  determines that the licensee is materially failing to comply
  519  with the terms of such agreement. Any suspension shall take
  520  place in accordance with chapter 120, Florida Statutes.
  521         (e)1.If an agreement required under paragraph (a) cannot
  522  be reached prior to the initial issuance of the electronic
  523  gaming machine license, either party may request arbitration. In
  524  the case of a renewal, if an agreement is not in place 120 days
  525  before the scheduled expiration date of the electronic gaming
  526  machine license, the applicant shall immediately ask the
  527  American Arbitration Association to furnish a list of 11
  528  arbitrators, each of whom shall have at least 5 years of
  529  commercial arbitration experience and no financial interest in
  530  or prior relationship with any party or with an affiliated or
  531  related entity or principal. Each required party to the
  532  agreement shall select a single arbitrator from the list within
  533  10 days after receipt, and the persons selected shall choose one
  534  additional arbitrator from the list within 10 days.
  535         2.If an agreement required under paragraph (a) is not in
  536  place 60 days after the request under subparagraph 1., in the
  537  case of an initial electronic gaming machine license or, in the
  538  case of a renewal, 60 days prior to the scheduled expiration
  539  date of the license, the matter shall be immediately submitted
  540  to mandatory binding arbitration. The three arbitrators selected
  541  pursuant to subparagraph 1. shall conduct the arbitration
  542  pursuant to the American Arbitration Association Commercial
  543  Arbitration Rules and chapter 682, Florida Statutes.
  544         3.At the conclusion of the proceedings, which may be no
  545  later than 90 days after the request under subparagraph 1. in
  546  the case of an initial electronic gaming machine license or, in
  547  the case of a renewal, 30 days prior to the scheduled expiration
  548  date of the electronic gaming machine license, the arbitration
  549  panel shall present to the parties a proposed agreement that the
  550  majority of the panel believes equitably balances the rights,
  551  interests, obligations, and reasonable expectations of the
  552  parties. The parties shall immediately enter into such
  553  agreement, which shall satisfy the requirements of paragraph (a)
  554  and permit issuance of the pending annual electronic gaming
  555  machine license or renewal. The agreement shall be effective
  556  until the last day of the license or renewal period or until the
  557  parties enter into a different agreement. Each party shall pay
  558  its respective costs of arbitration and shall pay one-half of
  559  the costs of the arbitration panel, unless the parties otherwise
  560  agree. If the agreement remains in place 120 days prior to the
  561  scheduled issuance of the next annual license renewal, the
  562  arbitration process established in this paragraph shall begin
  563  again.
  564         4.If neither agreement required under paragraph (a) is in
  565  place by the deadlines established in this paragraph,
  566  arbitration regarding each agreement shall proceed
  567  independently, with separate lists of arbitrators, arbitration
  568  panels, arbitration proceedings, and resulting agreements.
  569         5.With respect to the agreement required under paragraph
  570  (a) governing the payment of purses, the arbitration and
  571  resulting agreement is limited to the payment of purses from
  572  electronic gaming machine revenues only.
  573         (f)If any provision of this subsection or its application
  574  to any person or circumstance is held invalid, the invalidity
  575  does not affect other provisions or applications of this
  576  subsection or act which can be given effect without the invalid
  577  provision or application, and to this end the provisions of this
  578  subsection are severable.
  579         Section 6. Temporary licenses.—
  580         (1)Notwithstanding any provision of s. 120.60, Florida
  581  Statutes, to the contrary, the division may issue a temporary
  582  occupational license upon receipt of a complete application and
  583  a determination that the applicant has not been convicted of or
  584  had adjudication withheld on any disqualifying criminal offense.
  585  The temporary occupational license remains valid until the
  586  division grants an occupational license or notifies the
  587  applicant of its intended decision to deny the license pursuant
  588  to the provisions of s. 120.60, Florida Statutes. The division
  589  shall adopt rules to administer this section. However, not more
  590  than one temporary license may be issued for any person in any
  591  year.
  592         (2)A temporary license issued under this section is not
  593  transferable.
  594         Section 7. Electronic gaming machine license renewal.—
  595         (1)An electronic gaming machine license is effective for 1
  596  year after issuance and may be renewed annually. The application
  597  for renewal must contain all revisions to the information
  598  submitted in the prior year’s application which are necessary to
  599  maintain such information as accurate and current.
  600         (2)The applicant for renewal must attest that any
  601  information changes do not affect such applicant’s
  602  qualifications for license renewal.
  603         (3)Upon determination by the division that the application
  604  for renewal is complete and qualifications have been met,
  605  including payment of the renewal fee, the license shall be
  606  renewed.
  607         Section 8. License fee; tax rate; penalties.—
  608         (1)LICENSE FEE.—
  609         (a)Upon submission of the initial application for an
  610  electronic gaming machine license or upon submission of an
  611  application to renew a license, the licensee must pay to the
  612  division a nonrefundable license fee of $1 million for the
  613  succeeding 12 months of licensure. The fee shall be deposited
  614  into the Pari-mutuel Wagering Trust Fund of the Department of
  615  Business and Professional Regulation to be used by the division
  616  and the Department of Law Enforcement for investigations,
  617  regulation of electronic gaming, and enforcement of electronic
  618  gaming provisions. These payments shall be accounted for
  619  separately from taxes or fees paid pursuant to the provisions of
  620  chapter 550 or chapter 551, Florida Statutes.
  621         (b)The division shall evaluate the license fee and submit
  622  recommendations in its legislative budget request identifying
  623  the optimum level of electronic gaming machine license fees
  624  required to adequately support the electronic gaming machine
  625  regulatory program.
  626         (c)Notwithstanding s. 550.135(2), Florida Statutes, all
  627  fees and fines collected pursuant to this chapter shall remain
  628  in the Pari-Mutuel Wagering Trust Fund for use by the division
  629  for regulation of electronic gaming machines and electronic
  630  games.
  631         (2)TAX ON ELECTRONIC GAMING MACHINE REVENUES.—
  632         (a)The tax rate on electronic gaming machine revenues at
  633  each facility shall be 35 percent.
  634         (b)The electronic gaming machine revenue tax imposed by
  635  this section shall be paid to the division for deposit into the
  636  Pari-mutuel Wagering Trust Fund for immediate transfer by the
  637  Chief Financial Officer for deposit into the Educational
  638  Enhancement Trust Fund of the Department of Education. Any
  639  interest earnings on the tax revenues shall also be transferred
  640  to the Educational Enhancement Trust Fund.
  641         (c)1.Funds transferred to the Educational Enhancement
  642  Trust Fund shall be used to supplement public education funding
  643  statewide.
  644         2.If necessary to comply with any covenant established
  645  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
  646  Florida Statutes, funds transferred to the Educational
  647  Enhancement Trust Fund shall first be available to pay debt
  648  service on lottery bonds issued to fund school construction in
  649  the event lottery revenues are insufficient for such purpose or
  650  to satisfy debt service reserve requirements established in
  651  connection with lottery bonds. Moneys available pursuant to this
  652  subparagraph are subject to annual appropriation by the
  653  Legislature.
  654         (3)PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
  655  on electronic gaming machine revenues imposed by this section
  656  shall be paid to the division. The division shall deposit such
  657  funds with the Chief Financial Officer, to the credit of the
  658  Pari-mutuel Wagering Trust Fund. The electronic gaming machine
  659  licensee shall remit to the division payment for the tax on
  660  electronic gaming machine revenues by 3 p.m. on the 5th calendar
  661  day of each month for taxes imposed and collected for the
  662  preceding calendar month. The electronic gaming machine licensee
  663  shall file a report under oath by the 5th day of each calendar
  664  month for all taxes remitted during the preceding calendar
  665  month. Such payments shall be accompanied by a report under oath
  666  showing all electronic gaming machine activities for the
  667  preceding calendar month and such other information as may be
  668  prescribed by the division.
  669         (4)FAILURE TO PAY TAX; PENALTIES.—An electronic gaming
  670  machine licensee who does not make tax payments required under
  671  this section is subject to an administrative penalty of up to
  672  $10,000 for each day the tax payment is not remitted. All
  673  administrative penalties imposed and collected shall be
  674  deposited into the Pari-mutuel Wagering Trust Fund of the
  675  Department of Business and Professional Regulation. If an
  676  electronic gaming machine licensee does not pay penalties
  677  imposed by the division, the division may suspend, revoke, or
  678  refuse to renew the license of the electronic gaming machine
  679  licensee.
  680         (5)SUBMISSION OF FUNDS.—The division may require
  681  electronic gaming machine licensees to remit taxes, fees, fines,
  682  and assessments by electronic funds transfer.
  683         Section 9. Electronic gaming machine occupational license;
  684  findings; application; fee.—
  685         (1)The Legislature finds that licensees and persons
  686  associated with licensees require heightened state scrutiny. As
  687  such licensees and persons associated with licensees shall
  688  submit fingerprints for a criminal history records check.
  689         (2)(a)The following electronic gaming machine occupational
  690  licenses are required for persons who, by virtue of the
  691  positions they hold, potentially may have access to electronic
  692  gaming machine areas or to any other person or entity in one of
  693  the following categories:
  694         1.General occupational licenses for general employees,
  695  including food service, maintenance, and other similar service
  696  and support employees having access to an electronic gaming
  697  machine area.
  698         2.Professional occupational licenses for any person,
  699  proprietorship, partnership, corporation, or other entity that
  700  is authorized by an electronic gaming machine licensee to
  701  manage, oversee, or otherwise control daily operations as an
  702  electronic gaming machine manager, floor supervisor, security
  703  personnel, or other similar position of oversight of gaming
  704  operations, or any person who is not an employee of the
  705  electronic gaming machine licensee and who provides maintenance,
  706  repair, or upgrades or otherwise services an electronic gaming
  707  machine or other electronic gaming machine equipment.
  708         3.Business occupational licenses for any electronic gaming
  709  machine management company or company associated with electronic
  710  gaming, any person who manufactures, distributes, or sells
  711  electronic gaming machines, electronic gaming machine
  712  paraphernalia, or other associated equipment to electronic
  713  gaming machine licensees, or any company that sells or provides
  714  goods or services associated with electronic gaming to
  715  electronic gaming machine licensees.
  716         (b)The division may issue one license in order to combine
  717  licenses under this section with pari-mutuel occupational
  718  licenses and cardroom licenses pursuant to s. 550.105(2)(b),
  719  Florida Statutes. The division shall adopt rules pertaining to
  720  occupational licenses under this subsection. Such rules may
  721  specify requirements and restrictions for licensed occupations
  722  and categories, procedures to apply for a license or combination
  723  of licenses, disqualifying criminal offenses for a licensed
  724  occupation or categories of occupations, and which types of
  725  occupational licenses may be combined into a single license. The
  726  fingerprinting requirements of subsection (10) apply to any
  727  combination license that includes electronic gaming machine
  728  license privileges. The division may not adopt a rule allowing
  729  the issuance of an occupational license to any person who does
  730  not meet the minimum background qualifications of this section.
  731         (c)Electronic gaming machine occupational licenses are not
  732  transferable.
  733         (3)An electronic gaming machine licensee may not employ or
  734  otherwise allow a person to work at a licensed facility unless
  735  such person holds the appropriate valid occupational license. An
  736  electronic gaming machine licensee may not contract or otherwise
  737  conduct business with a business that is required to hold an
  738  electronic gaming machine occupational license unless the
  739  business holds such a license. An electronic gaming machine
  740  licensee may not employ or otherwise allow a person to work in a
  741  supervisory or management professional level at a licensed
  742  facility unless such person holds a valid electronic gaming
  743  machine occupational license. All electronic gaming machine
  744  occupational licensees, while present in electronic gaming
  745  machine areas, shall display on their persons their occupational
  746  license identification cards.
  747         (4)(a)A person seeking an electronic gaming machine
  748  occupational license or renewal thereof shall apply on forms
  749  prescribed by the division and include payment of the
  750  appropriate application fee. Initial and renewal applications
  751  for electronic gaming machine occupational licenses must contain
  752  all information that the division, by rule, requires.
  753         (b)An electronic gaming machine license or combination
  754  license is valid for the same term as a pari-mutuel occupational
  755  license issued pursuant to s. 550.105(1), Florida Statutes.
  756         (c)Pursuant to rules adopted by the division, any person
  757  may apply for and, if qualified, be issued an electronic gaming
  758  machine occupational license. The license shall be valid for a
  759  period of 3 years upon payment of the full occupational license
  760  fee for each of the 3 years for which the license is issued. The
  761  electronic gaming machine occupational license is valid during
  762  its specified term at any licensed facility where electronic
  763  gaming machine gaming is authorized.
  764         (d)The electronic gaming machine occupational license fee
  765  for initial application and annual renewal shall be determined
  766  by rule of the division, but may not exceed $50 for a general or
  767  professional occupational license for an employee of the
  768  electronic gaming machine licensee or $1,000 for a business
  769  occupational license for nonemployees of the licensee who
  770  provide goods or services to the electronic gaming machine
  771  licensee. License fees for general occupational licenses shall
  772  be paid by the electronic gaming machine licensee. Failure to
  773  pay the required fee constitutes grounds for disciplinary action
  774  by the division against the electronic gaming machine licensee,
  775  but it is not a violation of this act or rules of the division
  776  by the general occupational licensee and does not prohibit the
  777  initial issuance or the renewal of the general occupational
  778  license.
  779         (5)The division may:
  780         (a)Deny an application for, or revoke, suspend, or place
  781  conditions or restrictions on, a license of an applicant or
  782  licensee that has been refused a license by another state gaming
  783  commission, governmental department, agency, or other authority
  784  exercising regulatory jurisdiction over the gaming of another
  785  state or jurisdiction; or
  786         (b)Deny an application for, or suspend, or place
  787  conditions on a license of any applicant or licensee that is
  788  under suspension or has unpaid fines in another state or
  789  jurisdiction.
  790         (6)(a)The division may deny, suspend, revoke, or refuse to
  791  renew any electronic gaming machine occupational license if the
  792  applicant or licensee has violated this act or the rules
  793  governing the conduct of persons connected with electronic games
  794  or electronic gaming. In addition, the division may deny,
  795  suspend, revoke, or refuse to renew any electronic gaming
  796  machine occupational license if the applicant or licensee has
  797  been convicted under the laws of this state or of another state,
  798  or under the laws of the United States, of a capital felony, a
  799  felony, or an offense in another state which would be a felony
  800  under the laws of this state involving arson; trafficking in,
  801  conspiracy to traffic in, smuggling, importing, conspiracy to
  802  smuggle or import, or delivery, sale, or distribution of a
  803  controlled substance; racketeering; or a crime showing a lack of
  804  good moral character, or has had a gaming license revoked by
  805  this state or another jurisdiction for any gaming-related
  806  offense.
  807         (b)The division may deny, revoke, or refuse to renew any
  808  electronic gaming machine occupational license if the applicant
  809  or licensee has been convicted of a felony or misdemeanor in
  810  this state, in another state, or under the laws of the United
  811  States if such felony or misdemeanor is related to gambling or
  812  bookmaking as described in s. 849.25, Florida Statutes.
  813         (c)As used in this subsection, the term “convicted” means
  814  having been found guilty, with or without adjudication of guilt,
  815  as a result of a jury verdict, nonjury trial, or entry of a plea
  816  of guilty or nolo contendere.
  817         (7)The division may deny, revoke, or suspend any
  818  occupational license if the applicant or licensee accumulates
  819  unpaid obligations, defaults in obligations, or issues drafts or
  820  checks that are dishonored or for which payment is refused
  821  without reasonable cause.
  822         (8)The division may fine or suspend, revoke, or place
  823  conditions upon the license of any licensee who provides false
  824  information under oath regarding an application for a license or
  825  an investigation by the division.
  826         (9)The division may impose a civil fine of up to $5,000
  827  for each violation of this act or the rules of the division in
  828  addition to or in lieu of any other penalty. The division may
  829  adopt a penalty schedule for violations for which it would
  830  impose a fine in lieu of a suspension and adopt rules allowing
  831  for the issuance of citations, including procedures to address
  832  such citations, to persons who violate such rules. In addition
  833  to any other penalty provided by law, the division may exclude
  834  from all licensed electronic gaming machine facilities in this
  835  state, for a period not to exceed the period of suspension,
  836  revocation, or ineligibility, any person whose occupational
  837  license application has been refused or who has been declared
  838  ineligible to hold an occupational license or whose occupational
  839  license has been suspended or revoked by the division.
  840         (10)Fingerprints for electronic gaming machine
  841  occupational license applications shall be taken in a manner
  842  approved by the division and shall be submitted electronically
  843  to the Department of Law Enforcement for state processing and to
  844  the Federal Bureau of Investigation for national processing for
  845  a criminal history record check. All persons as specified in s.
  846  550.1815(1)(a), Florida Statutes, who are employed by or working
  847  within licensed premises shall submit fingerprints for a
  848  criminal history records check and may not have been convicted
  849  of any disqualifying criminal offenses specified in subsection
  850  (6). Division employees and law enforcement officers assigned to
  851  work within such premises as part of their official duties are
  852  excluded from the criminal history record check requirements. As
  853  used in this subsection, the term “convicted” means having been
  854  found guilty, with or without adjudication of guilt, as a result
  855  of a jury verdict, nonjury trial, or entry of a plea of guilty
  856  or nolo contendere.
  857         (a)Fingerprints shall be taken in a manner approved by the
  858  division upon initial application, or as required thereafter by
  859  rule of the division, and shall be submitted electronically to
  860  the Department of Law Enforcement for state processing. The
  861  Department of Law Enforcement shall forward the fingerprints to
  862  the Federal Bureau of Investigation for national processing. The
  863  results of the criminal history record check shall be returned
  864  to the division for screening. Licensees shall provide necessary
  865  equipment, approved by the Department of Law Enforcement, to
  866  facilitate such electronic submission. The division requirements
  867  shall be instituted in consultation with the Department of Law
  868  Enforcement.
  869         (b)The cost of processing fingerprints and conducting a
  870  criminal history records check for a general occupational
  871  license shall be paid by the electronic gaming machine licensee.
  872  The cost of processing fingerprints and conducting a criminal
  873  history record check for a business or professional occupational
  874  license shall be paid by the person being checked. The
  875  Department of Law Enforcement may invoice the division for the
  876  fingerprints submitted each month.
  877         (c)All fingerprints submitted to the Department of Law
  878  Enforcement shall be retained by the Department of Law
  879  Enforcement and entered into the statewide automated fingerprint
  880  identification system as authorized by s. 943.05(2)(b), Florida
  881  Statutes, and shall be available for all purposes and uses
  882  authorized for arrest fingerprint cards in the statewide
  883  automated fingerprint identification system pursuant to s.
  884  943.051, Florida Statutes.
  885         (d)The Department of Law Enforcement shall search all
  886  arrest fingerprints received pursuant to s. 943.051, Florida
  887  Statutes, against the fingerprints retained in the statewide
  888  automated fingerprint identification system. Any arrest record
  889  that is identified with the retained fingerprints of a person
  890  subject to the criminal history screening requirements shall be
  891  reported to the division. Each licensed facility shall pay a fee
  892  for the cost of retention of the fingerprints and the ongoing
  893  searches under this paragraph. The division shall forward the
  894  fee to the Department of Law Enforcement. The amount of the fee
  895  to be imposed for such searches and the procedures for the
  896  retention of licensee fingerprints shall be as established by
  897  rule of the Department of Law Enforcement. The division shall
  898  inform the Department of Law Enforcement of any change in the
  899  license status of licensees whose fingerprints are retained.
  900         (e)The division shall request the Department of Law
  901  Enforcement to forward the fingerprints to the Federal Bureau of
  902  Investigation for a national criminal history records check
  903  every 3 years following issuance of a license. If the
  904  fingerprints of a person who is licensed have not been retained
  905  by the Department of Law Enforcement, the person must file a
  906  complete set of fingerprints as provided in paragraph (a). The
  907  division shall collect the fees for the cost of the national
  908  criminal history record check and shall forward the payment to
  909  the Department of Law Enforcement. The cost of processing
  910  fingerprints and conducting a criminal history record check for
  911  a general occupational license shall be paid by the electronic
  912  gaming machine licensee. The cost of processing fingerprints and
  913  conducting a criminal history record check for a business or
  914  professional occupational license shall be paid by the person
  915  being checked. The Department of Law Enforcement may invoice the
  916  division for the fingerprints submitted each month. Under
  917  penalty of perjury, each person who is licensed or fingerprinted
  918  must agree to inform the division within 48 hours if he or she
  919  is convicted of or enters a plea of guilty or nolo contendere to
  920  any disqualifying offense, regardless of adjudication.
  921         (11)All moneys collected pursuant to this section shall be
  922  deposited into the Pari-mutuel Wagering Trust Fund.
  923         Section 10. Prohibited relationships.—
  924         (1)A person employed by or performing any function on
  925  behalf of the division may not:
  926         (a)Be an officer, director, owner, or employee of any
  927  person or entity licensed by the division.
  928         (b)Have or hold any interest, direct or indirect, in or
  929  engage in any commerce or business relationship with any person
  930  licensed by the division.
  931         (2)A manufacturer or distributor of electronic gaming
  932  machines may not enter into any contract with an electronic
  933  gaming machine licensee which provides for any revenue sharing
  934  that is directly or indirectly calculated on the basis of a
  935  percentage of electronic gaming machine revenues. Any agreement
  936  in violation of this subsection is void.
  937         (3)A manufacturer or distributor of electronic gaming
  938  machines or equipment necessary for the operation of electronic
  939  gaming machines or an officer, director, or employee of any such
  940  manufacturer or distributor may not have any ownership or
  941  financial interest in an electronic gaming machine license or
  942  any business owned by an electronic gaming machine licensee.
  943         (4)An employee of the division or relative living in the
  944  same household as the employee may not wager on an electronic
  945  gaming machine located at a facility licensed by the division.
  946         (5)An occupational licensee or relative living in the same
  947  household as the licensee may not wager on an electronic gaming
  948  machine located at a facility operated by such licensee.
  949         Section 11. Prohibited acts; penalties.—
  950         (1)Except as otherwise provided by law and in addition to
  951  any other penalty, a person who knowingly makes or causes to be
  952  made, or aids, assists, or procures another to make, a false
  953  statement in any report, disclosure, application, or other
  954  document required under any law or rule regulating electronic
  955  gaming is subject to an administrative fine or civil penalty of
  956  up to $10,000.
  957         (2)Except as otherwise provided by law and in addition to
  958  any other penalty, a person who possesses an electronic gaming
  959  machine without a license or who possesses an electronic gaming
  960  machine at a location other than at the electronic gaming
  961  machine licensee’s facility is subject to an administrative fine
  962  or civil penalty of up to $10,000 per machine. This prohibition
  963  does not apply to:
  964         (a)Electronic gaming machine manufacturers or distributors
  965  that are licensed and authorized to maintain an electronic
  966  gaming machine storage and maintenance facility in this state.
  967  The division may adopt rules regarding security, inspection, and
  968  access to the storage facility.
  969         (b)Certified educational facilities that are authorized by
  970  the division to maintain electronic gaming machines for the sole
  971  purpose of education and licensure of electronic gaming machine
  972  technicians, inspectors, or investigators. The division and the
  973  Department of Law Enforcement may possess electronic gaming
  974  machines for training and testing purposes. The division may
  975  adopt rules regarding the regulation of such electronic gaming
  976  machines used for the sole purpose of education and licensure of
  977  electronic gaming machine technicians, inspectors, or
  978  investigators.
  979         (3)A person who knowingly excludes or attempts to exclude,
  980  anything of value from the deposit, counting, collection, or
  981  computation of revenues from electronic gaming machine activity,
  982  or a person who by trick, sleight-of-hand performance, fraud or
  983  fraudulent scheme, or device wins or attempts to win, for
  984  himself or herself or for another, money or property or a
  985  combination thereof, or reduces or attempts to reduce a losing
  986  wager in connection with electronic gamingcommits a felony of
  987  the third degree, punishable as provided in s. 775.082, s.
  988  775.083, or s. 775.084, Florida Statutes.
  989         (4)Any person who manipulates or attempts to manipulate
  990  the outcome, payoff, or operation of an electronic gaming
  991  machine by physical tampering or the use of an object,
  992  instrument, or device, whether mechanical, electrical, or
  993  magnetic, or by other means, commits a felony of the third
  994  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  995  775.084, Florida Statutes.
  996         (5)Theft of electronic gaming machine proceeds or property
  997  belonging to an electronic gaming machine operator, licensee, or
  998  licensed facility by an employee of the operator or facility or
  999  by an officer, partner, owner, or employee of a person
 1000  contracted to provide services to the operator or facility
 1001  constitutes a felony of the third degree, punishable as provided
 1002  in s. 775.082 or s. 775.083, Florida Statutes.
 1003         (6)(a)A law enforcement officer or electronic gaming
 1004  machine operator who has probable cause to believe that a person
 1005  has committed a violation of subsection (3), subsection (4), or
 1006  subsection (5) and that officer or operator can recover the lost
 1007  proceeds from the activity by taking the person into custody
 1008  may, for the purpose of attempting to effect the recovery of the
 1009  proceeds, take into custody on the premises and detain the
 1010  person in a reasonable manner for a reasonable time. If the
 1011  operator takes the person into custody, a law enforcement
 1012  officer shall be called to the scene immediately. The taking
 1013  into custody and detention by a law enforcement officer or
 1014  electronic gaming machine operator, if done in compliance with
 1015  this subsection, does not render such law enforcement officer,
 1016  or the officer’s agency, or the electronic gaming machine
 1017  operator criminally or civilly liable for false arrest, false
 1018  imprisonment, or unlawful detention.
 1019         (b)A law enforcement officer may arrest, on or off the
 1020  premises and without warrant, any person if the officer has
 1021  probable cause to believe that person has violated subsection
 1022  (3), subsection (4), or subsection (5).
 1023         (c)A person who resists the reasonable effort of a law
 1024  enforcement officer or electronic gaming machine operator to
 1025  take into custody a person who is violating subsection (3),
 1026  subsection (4), or subsection (5) commits a misdemeanor of the
 1027  first degree, punishable as provided in s. 775.082 or s.
 1028  775.083, Florida Statutes, unless the person did not know or
 1029  have reason to know that the person seeking to take him or her
 1030  into custody was a law enforcement officer or electronic gaming
 1031  machine operator.
 1032         (7)The penalties imposed and collected under this section
 1033  must be deposited into the Pari-mutuel Wagering Trust Fund of
 1034  the Department of Business and Professional Regulation.
 1035         Section 12. Legal devices.—Notwithstanding any provision of
 1036  law to the contrary, electronic gaming machines manufactured,
 1037  sold, distributed, possessed, or operated pursuant to the laws
 1038  and rules regulating electronic gaming are lawful in this state.
 1039  An electronic game or electronic gaming machine may not enter
 1040  the state until it has been tested and certified by a licensed
 1041  testing laboratory, and certified for play in the state. The
 1042  division shall adopt rules regarding the testing, certification,
 1043  control, and approval of electronic games and electronic gaming
 1044  machines entering, departing, or moving within the state.
 1045         Section 13. Exclusions of certain persons.—In addition to
 1046  the power to exclude certain persons, the division may exclude
 1047  any person from a facility of an electronic gaming machine
 1048  licensee in this state for conduct that would constitute, if the
 1049  person were a licensee, a violation of this act or the rules of
 1050  the division. The division may exclude a person who has been
 1051  ejected from a gaming facility or who has been excluded from a
 1052  gaming facility in another state by the governmental authority
 1053  exercising regulatory jurisdiction over the gaming in such other
 1054  state. This section does not abrogate the common law right of an
 1055  electronic gaming machine licensee to exclude a patron.
 1056         Section 14. Persons prohibited from operating electronic
 1057  gaming machines.—
 1058         (1)A person who has not attained 18 years of age may not
 1059  operate or play an electronic gaming machine or have access to
 1060  the designated electronic gaming machine area.
 1061         (2)An electronic gaming machine licensee or agent or
 1062  employee of an electronic gaming machine licensee may not
 1063  knowingly allow a person who has not attained 18 years of age
 1064  to:
 1065         (a)Play or operate an electronic gaming machine.
 1066         (b)Be employed in any position allowing or requiring
 1067  access to the designated gaming area of a facility of an
 1068  electronic gaming machine licensee.
 1069         (c)Have access to the designated electronic gaming machine
 1070  area of a facility of an electronic gaming machine licensee.
 1071         (3)A licensed facility shall post clear and conspicuous
 1072  signage within the designated electronic gaming machine areas
 1073  which states:
 1074  
 1075         THE PLAYING OF ELECTRONIC GAMING MACHINES BY PERSONS UNDER
 1076  THE AGE OF 18 IS AGAINST FLORIDA LAW (CITE TO FLORIDA STATUTES
 1077  SECTION). PROOF OF AGE MAY BE REQUIRED AT ANY TIME.
 1078         Section 15. Electronic gaming machine areas.—
 1079         (1)An electronic gaming machine licensee may make
 1080  available for play up to 1,000 electronic gaming machines within
 1081  an eligible facility in a designated electronic gaming machine
 1082  area. No more than 1,000 electronic gaming machines shall be
 1083  authorized at a facility regardless of the number of
 1084  permitholders conducting operations at that facility.
 1085         (2)The electronic gaming machine licensee shall display
 1086  pari-mutuel races or games within the designated electronic
 1087  gaming machine areas and offer patrons within such areas the
 1088  opportunity to wager on live, intertrack, and simulcast races.
 1089         (3)The division shall require the posting of signs warning
 1090  of the risks and dangers of gambling, showing the odds of
 1091  winning, and informing patrons of the toll-free telephone number
 1092  available to provide information and referral services regarding
 1093  compulsive or problem gambling.
 1094         (4)Designated electronic gaming machine areas may be
 1095  located within a live gaming facility or an existing building
 1096  that is contiguous and connected to the live gaming facility. If
 1097  such gaming area is to be located in a building that is not yet
 1098  constructed, the new building must be contiguous and connected
 1099  to the live gaming facility.
 1100         (5)An electronic gaming machine licensee shall provide
 1101  adequate office space at no cost to the division and the
 1102  Department of Law Enforcement for the oversight of electronic
 1103  gaming machine operations. The division shall adopt rules
 1104  establishing criteria for adequate space, configuration, and
 1105  location and needed electronic and technological requirements.
 1106         Section 16. Days and hours of operation.—Electronic gaming
 1107  machine areas may be open daily throughout the year. They may be
 1108  open a cumulative total of 18 hours per day on Monday through
 1109  Friday and 24 hours per day on Saturday and Sunday and on
 1110  holidays specified in s. 110.117(1), Florida Statutes.
 1111         Section 17. Penalties.—The division may revoke or suspend
 1112  an electronic gaming machine license issued under this act upon
 1113  the willful violation by the licensee of any law or rule
 1114  regulating electronic gaming. In lieu of suspending or revoking
 1115  an electronic gaming machine license, the division may impose a
 1116  civil penalty against the licensee for such violation. Except as
 1117  otherwise provided in this act, the division may not impose a
 1118  penalty that exceeds $100,000 for each count or separate
 1119  offense. All fines collected must be deposited into the Pari
 1120  mutuel Wagering Trust Fund of the Department of Business and
 1121  Professional Regulation.
 1122         Section 18. Compulsive or addictive gambling prevention
 1123  program.—
 1124         (1)Each electronic gaming machine licensee shall offer
 1125  training to employees on responsible gaming and shall work with
 1126  a compulsive or addictive gambling prevention program to
 1127  recognize problem gaming situations and implement responsible
 1128  gaming programs and practices.
 1129         (2)The division shall, subject to competitive bidding,
 1130  contract for services related to the prevention of compulsive
 1131  and addictive gambling. The contract shall require an
 1132  advertising program to encourage responsible gaming practices
 1133  and publicize a gambling telephone help line. Such
 1134  advertisements must be made both publicly and inside the
 1135  designated electronic gaming machine areas of the licensee’s
 1136  facilities. The terms of any contract for such services shall
 1137  include accountability standards for any private provider. The
 1138  failure of a private provider to meet any material term of the
 1139  contract, including the accountability standards, constitutes a
 1140  breach of contract or grounds for nonrenewal.
 1141         (3)The compulsive or addictive gambling prevention program
 1142  shall be funded from an annual nonrefundable regulatory fee of
 1143  $250,000 paid by each licensee.
 1144         Section 19. Caterer’s license.—An electronic gaming machine
 1145  licensee is entitled to a caterer’s license pursuant to s.
 1146  565.02, Florida Statutes, on days on which the pari-mutuel
 1147  facility is open to the public for electronic gaming machine
 1148  play.
 1149         Section 20. Prohibited activities and devices; exceptions.
 1150         (1)Complimentary or reduced-cost alcoholic beverages may
 1151  not be served to persons in the designated electronic gaming
 1152  machine area. Alcoholic beverages served to persons in the
 1153  designated electronic gaming machine area shall cost at least
 1154  the same amount as alcoholic beverages served to the general
 1155  public at any bar within the facility.
 1156         (2)An electronic gaming machine licensee may not make
 1157  loans, provide credit, or advance cash to enable a person to
 1158  play an electronic gaming machine. This subsection does not
 1159  prohibit automated ticket redemption machines that dispense cash
 1160  from the redemption of tickets from being located in the
 1161  designated electronic gaming machine area.
 1162         (3)An automated teller machine or similar device designed
 1163  to provide credit or dispense cash may not be located within the
 1164  designated electronic gaming machine area.
 1165         (4)(a)An electronic gaming machine licensee may not accept
 1166  or cash a check from any person within the designated electronic
 1167  gaming machine area of a facility.
 1168         (b)Except as provided in paragraph (c) for employees of
 1169  the facility, an electronic gaming machine licensee may not
 1170  accept or cash for any person within the facility a government
 1171  issued check, third-party check, or payroll check made payable
 1172  to an individual.
 1173         (c)Outside the designated electronic gaming machine area,
 1174  an electronic gaming machine licensee or operator may accept or
 1175  cash a check for an employee of the facility who is prohibited
 1176  from wagering on an electronic gaming machine under s.
 1177  551.108(5), Florida Statutes, a check made directly payable to a
 1178  person licensed by the division, or a check made directly
 1179  payable to the licensee or operator from:
 1180         1.A pari-mutuel patron; or
 1181         2.A pari-mutuel facility in any state.
 1182         (d)Unless accepting or cashing a check is prohibited by
 1183  this subsection, an electronic gaming machine licensee or
 1184  operator may accept and deposit in its accounts checks received
 1185  in the normal course of business.
 1186         (5)An electronic gaming machine, or the computer operating
 1187  system linked to an electronic gaming machine, may be linked to
 1188  any other electronic gaming machine or computer operating system
 1189  within this state.
 1190         (6)An electronic gaming machine located within a licensed
 1191  facility may accept tickets or electronic or account-based cards
 1192  for wagering. Such machines may return or deliver payouts to the
 1193  players in the form of tickets or electronic or account-based
 1194  credits that may be exchanged for cash, merchandise, or other
 1195  items of value. The use of coins, currency, credit or debit
 1196  cards, tokens, or similar objects is prohibited.
 1197         Section 21. Rulemaking.—The division may adopt rules to
 1198  administer this act.
 1199         Section 22. Preemption.—The Legislature finds and declares
 1200  that it has exclusive authority over the conduct of all wagering
 1201  occurring at electronic gaming machine facilities in this state.
 1202  Only the Division of Pari-mutuel Wagering and other authorized
 1203  state agencies may administer this act and regulate the
 1204  electronic gaming machine industry, including operation of
 1205  electronic gaming machine facilities, games, electronic gaming
 1206  machines, and facilities-based computer systems authorized in
 1207  this act and the rules adopted by the division.
 1208         Section 23. Application to bingo games operated by
 1209  charitable or nonprofit organizations.—Sections 1 through 22 of
 1210  this act do not apply to the use of player-operated bingo aides
 1211  used in bingo games conducted by charitable, nonprofit, or
 1212  veterans’ organizations authorized to conduct bingo under s.
 1213  849.0931, Florida Statutes. Sections 1 through 22 of this act do
 1214  not apply to game promotions or operators regulated under s.
 1215  849.094, Florida Statutes.
 1216         Section 24. Paragraph (x) is added to subsection (1) of
 1217  section 215.22, Florida Statutes, to read:
 1218         215.22 Certain income and certain trust funds exempt.—
 1219         (1) The following income of a revenue nature or the
 1220  following trust funds shall be exempt from the appropriation
 1221  required by s. 215.20(1):
 1222         (x)Taxes imposed on electronic gaming and electronic
 1223  gaming machines at eligible pari-mutuel facilities.
 1224         Section 25. The Department of Business and Professional
 1225  Regulation may expend the unreserved cash balance in the Pari
 1226  mutuel Wagering Trust Fund received from other revenue sources
 1227  to implement electronic gaming regulation and investigations
 1228  during the 2009-2010 fiscal year. Before the use of such other
 1229  revenues, the department shall submit a repayment plan for
 1230  approval by the Executive Office of the Governor in consultation
 1231  with the chair and vice chair of the Legislative Budget
 1232  Commission. The department shall repay such funds using
 1233  electronic gaming machine license revenue sources by April 1,
 1234  2010. The repaid funds are subject to the requirements of s.
 1235  550.135(2), Florida Statutes.
 1236         Section 26. Present subsections (11), (32), and (38) of
 1237  section 550.002, Florida Statutes, are amended, a new subsection
 1238  (15) is added to that section, and present subsections (15)
 1239  through (39) of that section are renumbered as subsections (16)
 1240  through (40), respectively, to read:
 1241         550.002 Definitions.—As used in this chapter, the term:
 1242         (11) “Full schedule of live racing or games” means, for a
 1243  greyhound or jai alai permitholder, the conduct of a combination
 1244  of at least 100 live evening or matinee performances during the
 1245  preceding year; for a permitholder who has a converted permit or
 1246  filed an application on or before June 1, 1990, for a converted
 1247  permit, the conduct of a combination of at least 100 live
 1248  evening and matinee wagering performances during either of the 2
 1249  preceding years; for a jai alai permitholder who does not
 1250  operate slot machines, electronic gaming machines, or historical
 1251  racing systems in its pari-mutuel facility, who has conducted at
 1252  least 100 live performances per year for at least 10 years after
 1253  December 31, 1992, and whose handle on live jai alai games
 1254  conducted at its pari-mutuel facility has been less than $4
 1255  million per state fiscal year for at least 2 consecutive years
 1256  after June 30, 1992, the conduct of a combination of at least 40
 1257  live evening or matinee performances during the preceding year;
 1258  for a jai alai permitholder who operates slot machines
 1259  electronic gaming machines, or historical racing systems in its
 1260  pari-mutuel facility, the conduct of a combination of at least
 1261  150 performances during the preceding year; for a harness
 1262  permitholder, the conduct of at least 100 live regular wagering
 1263  performances during the preceding year; for a quarter horse
 1264  permitholder, at its facility unless an alternative schedule of
 1265  at least 20 live regular wagering performances is agreed upon by
 1266  the permitholder and the horsemen’s association representing the
 1267  majority of the quarter horse owners and trainers at the
 1268  facility and filed with the division along with its annual date
 1269  application, in the 2010-2011 fiscal year, the conduct of at
 1270  least 20 regular wagering performances, in the 2011-2012 and
 1271  2012-2013 fiscal years, the conduct of at least 30 live regular
 1272  wagering performances, and for every fiscal year after the 2012
 1273  2013 fiscal year, the conduct of at least 40 live regular
 1274  wagering performances during the preceding year; for a quarter
 1275  horse permitholder leasing another licensed racetrack, the
 1276  conduct of 160 events at the leased facility; and for a
 1277  thoroughbred permitholder, the conduct of at least 40 live
 1278  regular wagering performances during the preceding year. For a
 1279  permitholder which is restricted by statute to certain operating
 1280  periods within the year when other members of its same class of
 1281  permit are authorized to operate throughout the year, the
 1282  specified number of live performances which constitute a full
 1283  schedule of live racing or games shall be adjusted pro rata in
 1284  accordance with the relationship between its authorized
 1285  operating period and the full calendar year and the resulting
 1286  specified number of live performances shall constitute the full
 1287  schedule of live games for such permitholder and all other
 1288  permitholders of the same class within 100 air miles of such
 1289  permitholder. A live performance must consist of no fewer than
 1290  eight races or games conducted live for each of a minimum of
 1291  three performances each week at the permitholder’s licensed
 1292  facility under a single admission charge.
 1293         (15)“Historical racing system” means a form of pari-mutuel
 1294  wagering based on audio or video signals of in-state or out-of
 1295  state races which are sent from an in-state server and operated
 1296  by a licensed totalisator company and which are displayed at
 1297  individual wagering terminals at a licensed pari-mutuel
 1298  facility.
 1299         (33)(32) “Simulcasting” means broadcasting events occurring
 1300  live at an in-state location to an out-of-state location, or
 1301  receiving at an in-state location events occurring live at an
 1302  out-of-state location, by the transmittal, retransmittal,
 1303  reception, and rebroadcast of television or radio signals by
 1304  wire, cable, satellite, microwave, or other electrical or
 1305  electronic means for receiving or rebroadcasting the events.
 1306         (39)(38) “Year,” for purposes of determining a full
 1307  schedule of live racing, means the state fiscal calendar year.
 1308         Section 27. Subsection (3) of section 550.01215, Florida
 1309  Statutes, is amended to read:
 1310         550.01215 License application; periods of operation; bond,
 1311  conversion of permit.—
 1312         (3) Except as provided in s. 550.5251 for thoroughbred
 1313  racing, The division shall issue each license no later than
 1314  March 15. Each permitholder shall operate all performances at
 1315  the date and time specified on its license. The division shall
 1316  have the authority to approve minor changes in racing dates
 1317  after a license has been issued. The division may approve
 1318  changes in racing dates after a license has been issued when
 1319  there is no objection from any operating permitholder located
 1320  within 50 miles of the permitholder requesting the changes in
 1321  operating dates. In the event of an objection, the division
 1322  shall approve or disapprove the change in operating dates based
 1323  upon the impact on operating permitholders located within 50
 1324  miles of the permitholder requesting the change in operating
 1325  dates. In making the determination to change racing dates, the
 1326  division shall take into consideration the impact of such
 1327  changes on state revenues.
 1328         Section 28. Paragraph (b) of subsection (1) and subsections
 1329  (5) and (6) of section 550.0951, Florida Statutes, are amended
 1330  to read:
 1331         550.0951 Payment of daily license fee and taxes;
 1332  penalties.—
 1333         (1)
 1334         (b) Each permitholder that cannot utilize the full amount
 1335  of the exemption of $360,000 or $500,000 provided in s.
 1336  550.09514(1) or the daily license fee credit provided in this
 1337  section may, after notifying the division in writing, elect once
 1338  per state fiscal year on a form provided by the division to
 1339  transfer such exemption or credit or any portion thereof to any
 1340  greyhound permitholder which acts as a host track to such
 1341  permitholder for the purpose of intertrack wagering. Once an
 1342  election to transfer such exemption or credit is filed with the
 1343  division, it shall not be rescinded. The division shall
 1344  disapprove the transfer when the amount of the exemption or
 1345  credit or portion thereof is unavailable to the transferring
 1346  permitholder or when the permitholder who is entitled to
 1347  transfer the exemption or credit or who is entitled to receive
 1348  the exemption or credit owes taxes to the state pursuant to a
 1349  deficiency letter or administrative complaint issued by the
 1350  division. Upon approval of the transfer by the division, the
 1351  transferred tax exemption or credit shall be effective for the
 1352  first performance of the next payment biweekly pay period as
 1353  specified in subsection (5). The exemption or credit transferred
 1354  to such host track may be applied by such host track against any
 1355  taxes imposed by this chapter or daily license fees imposed by
 1356  this chapter. The greyhound permitholder host track to which
 1357  such exemption or credit is transferred shall reimburse such
 1358  permitholder the exact monetary value of such transferred
 1359  exemption or credit as actually applied against the taxes and
 1360  daily license fees of the host track. The division shall ensure
 1361  that all transfers of exemption or credit are made in accordance
 1362  with this subsection and shall have the authority to adopt rules
 1363  to ensure the implementation of this section.
 1364         (5)(a)Each permitholder conducting historical racing
 1365  pursuant to 550.810 shall pay a tax equal to 4 percent of the
 1366  handle from the historical racing system.
 1367         (b)The permitholder, upon authorization to conduct
 1368  historical racing pursuant to 550.810 and annually thereafter,
 1369  on the anniversary date of the authorization, shall pay a fee to
 1370  the division of $1 million. The fee shall be deposited into the
 1371  Pari-mutuel Wagering Trust Fund of the Department of Business
 1372  and Professional Regulation to be used by the division and the
 1373  Department of Law Enforcement for investigations, regulation of
 1374  historic racing, and enforcement of historic racing provisions.
 1375         (6)(5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
 1376  Payment for the admission tax, tax on handle, and the breaks tax
 1377  imposed by this section shall be paid to the division. The
 1378  division shall deposit these sums with the Chief Financial
 1379  Officer, to the credit of the Pari-mutuel Wagering Trust Fund,
 1380  hereby established. The permitholder shall remit to the division
 1381  payment for the daily license fee, the admission tax, the tax on
 1382  handle, and the breaks tax. Such payments shall be remitted by 3
 1383  p.m. Wednesday of each week for taxes imposed and collected for
 1384  the preceding week ending on Sunday. Beginning on July 1, 2012,
 1385  such payments shall be remitted by 3 p.m. on the 5th day of each
 1386  calendar month for taxes imposed and collected for the preceding
 1387  calendar month. If the 5th day of the calendar month falls on a
 1388  weekend, payments shall be remitted by 3 p.m. the first Monday
 1389  following the weekend. Permitholders shall file a report under
 1390  oath by the 5th day of each calendar month for all taxes
 1391  remitted during the preceding calendar month. Such payments
 1392  shall be accompanied by a report under oath showing the total of
 1393  all admissions, the pari-mutuel wagering activities for the
 1394  preceding calendar month, and such other information as may be
 1395  prescribed by the division.
 1396         (7)(6) PENALTIES.—
 1397         (a) The failure of any permitholder to make payments as
 1398  prescribed in subsection (6) (5) is a violation of this section,
 1399  and the permitholder may be subjected by the division to a civil
 1400  penalty of up to $1,000 for each day the tax payment is not
 1401  remitted. All penalties imposed and collected shall be deposited
 1402  in the General Revenue Fund. If a permitholder fails to pay
 1403  penalties imposed by order of the division under this
 1404  subsection, the division may suspend or revoke the license of
 1405  the permitholder, cancel the permit of the permitholder, or deny
 1406  issuance of any further license or permit to the permitholder.
 1407         (b) In addition to the civil penalty prescribed in
 1408  paragraph (a), any willful or wanton failure by any permitholder
 1409  to make payments of the daily license fee, admission tax, tax on
 1410  handle, or breaks tax constitutes sufficient grounds for the
 1411  division to suspend or revoke the license of the permitholder,
 1412  to cancel the permit of the permitholder, or to deny issuance of
 1413  any further license or permit to the permitholder.
 1414         Section 29. Paragraph (e) of subsection (2) and paragraph
 1415  (b) of subsection (3) of section 550.09511, Florida Statutes,
 1416  are amended to read:
 1417         550.09511 Jai alai taxes; abandoned interest in a permit
 1418  for nonpayment of taxes.—
 1419         (2) Notwithstanding the provisions of s. 550.0951(3)(b),
 1420  wagering on live jai alai performances shall be subject to the
 1421  following taxes:
 1422         (e) The payment of taxes pursuant to paragraphs (b), (c),
 1423  and (d) shall be calculated and commence beginning the day after
 1424  the biweekly period in which the permitholder is first entitled
 1425  to the reduced rate specified in this section and the report of
 1426  taxes required by s. 550.0951(5) is submitted to the division.
 1427         (3)
 1428         (b) The payment of taxes pursuant to paragraph (a) shall be
 1429  calculated and commence beginning the day after the biweekly
 1430  period in which the permitholder is first entitled to the
 1431  reduced rate specified in this subsection.
 1432         Section 30. Subsection (1) of section 550.09514, Florida
 1433  Statutes, is amended to read:
 1434         550.09514 Greyhound dogracing taxes; purse requirements.—
 1435         (1) Wagering on greyhound racing is subject to a tax on
 1436  handle for live greyhound racing as specified in s. 550.0951(3).
 1437  However, each permitholder shall pay no tax on handle until such
 1438  time as this subsection has resulted in a tax savings per state
 1439  fiscal year of $360,000. Thereafter, each permitholder shall pay
 1440  the tax as specified in s. 550.0951(3) on all handle for the
 1441  remainder of the permitholder’s current race meet, and the tax
 1442  must be calculated and commence beginning the day after the
 1443  biweekly period in which the permitholder reaches the maximum
 1444  tax savings per state fiscal year provided in this section. For
 1445  the three permitholders that conducted a full schedule of live
 1446  racing in 1995, and are closest to another state that authorizes
 1447  greyhound pari-mutuel wagering, the maximum tax savings per
 1448  state fiscal year shall be $500,000. The provisions of this
 1449  subsection relating to tax exemptions shall not apply to any
 1450  charity or scholarship performances conducted pursuant to s.
 1451  550.0351.
 1452         Section 31. Subsections (1), (2), (5), (6), (9), and (10)
 1453  of section 550.105, Florida Statutes, are amended to read:
 1454         550.105 Occupational licenses of racetrack employees; fees;
 1455  denial, suspension, and revocation of license; penalties and
 1456  fines.—
 1457         (1) Each person connected with a racetrack or jai alai
 1458  fronton, as specified in paragraph (2)(a), shall purchase from
 1459  the division an annual occupational license, which license is
 1460  valid from May 1 until June 30 of the following year. All moneys
 1461  collected pursuant to this section each fiscal year shall be
 1462  deposited into the Pari-mutuel Wagering Trust Fund. Any person
 1463  may, at her or his option and Pursuant to the rules adopted by
 1464  the division, purchase an occupational license may be valid for
 1465  a period of up to 3 years for a fee that does not exceed if the
 1466  purchaser of the license pays the full occupational license fee
 1467  for each of the years for which the license is purchased at the
 1468  time the 3-year license is requested. The occupational license
 1469  shall be valid during its specified term at any pari-mutuel
 1470  facility.
 1471         (2)(a) The following licenses shall be issued to persons or
 1472  entities with access to the backside, racing animals, jai alai
 1473  players’ room, jockeys’ room, drivers’ room, totalisator room,
 1474  the mutuels, or money room, or to persons who, by virtue of the
 1475  position they hold, might be granted access to these areas or to
 1476  any other person or entity in one of the following categories
 1477  and with scheduled annual fees not to exceed the following
 1478  amounts as follows:
 1479         1. Business licenses: any business such as a vendor,
 1480  contractual concessionaire, contract kennel, business owning
 1481  racing animals, trust or estate, totalisator company, stable
 1482  name, or other fictitious name: $50.
 1483         2. Professional occupational licenses: professional persons
 1484  with access to the backside of a racetrack or players’ quarters
 1485  in jai alai such as trainers, officials, veterinarians, doctors,
 1486  nurses, EMT’s, jockeys and apprentices, drivers, jai alai
 1487  players, owners, trustees, or any management or officer or
 1488  director or shareholder or any other professional-level person
 1489  who might have access to the jockeys’ room, the drivers’ room,
 1490  the backside, racing animals, kennel compound, or managers or
 1491  supervisors requiring access to mutuels machines, the money
 1492  room, or totalisator equipment: $40.
 1493         3. General occupational licenses: general employees with
 1494  access to the jockeys’ room, the drivers’ room, racing animals,
 1495  the backside of a racetrack or players’ quarters in jai alai,
 1496  such as grooms, kennel helpers, leadouts, pelota makers, cesta
 1497  makers, or ball boys, or a practitioner of any other occupation
 1498  who would have access to the animals, the backside, or the
 1499  kennel compound, or who would provide the security or
 1500  maintenance of these areas, or mutuel employees, totalisator
 1501  employees, money-room employees, or any employee with access to
 1502  mutuels machines, the money room, or totalisator equipment or
 1503  who would provide the security or maintenance of these areas:
 1504  $10.
 1505  
 1506         The individuals and entities that are licensed under this
 1507  paragraph require heightened state scrutiny, including the
 1508  submission by the individual licensees or persons associated
 1509  with the entities described in this chapter of fingerprints for
 1510  a Federal Bureau of Investigation criminal records check.
 1511         (b) The division shall adopt rules pertaining to pari
 1512  mutuel occupational licenses, licensing periods, and renewal
 1513  cycles.
 1514         (5)(a) The division may:
 1515         1. Deny a license to or revoke, suspend, or place
 1516  conditions upon or restrictions on a license of any person who
 1517  has been refused a license by any other state racing commission
 1518  or racing authority;
 1519         2. Deny, suspend, or place conditions on a license of any
 1520  person who is under suspension or has unpaid fines in another
 1521  jurisdiction;
 1522  
 1523         if the state racing commission or racing authority of such
 1524  other state or jurisdiction extends to the division reciprocal
 1525  courtesy to maintain the disciplinary control.
 1526         (b) The division may deny, suspend, revoke, or declare
 1527  ineligible any occupational license if the applicant for or
 1528  holder thereof has violated the provisions of this chapter or
 1529  the rules of the division governing the conduct of persons
 1530  connected with racetracks and frontons. In addition, the
 1531  division may deny, suspend, revoke, or declare ineligible any
 1532  occupational license if the applicant for such license has been
 1533  convicted in this state, in any other state, or under the laws
 1534  of the United States of a capital felony, a felony, or an
 1535  offense in any other state which would be a felony under the
 1536  laws of this state involving arson; trafficking in, conspiracy
 1537  to traffic in, smuggling, importing, conspiracy to smuggle or
 1538  import, or delivery, sale, or distribution of a controlled
 1539  substance; or a crime involving a lack of good moral character,
 1540  or has had a pari-mutuel license revoked by this state or any
 1541  other jurisdiction for an offense related to pari-mutuel
 1542  wagering.
 1543         (c) The division may deny, declare ineligible, or revoke
 1544  any occupational license if the applicant for such license has
 1545  been convicted of a felony or misdemeanor in this state, in any
 1546  other state, or under the laws of the United States, if such
 1547  felony or misdemeanor is related to gambling or bookmaking, as
 1548  contemplated in s. 849.25, or involves cruelty to animals. If
 1549  the applicant establishes that she or he is of good moral
 1550  character, that she or he has been rehabilitated, and that the
 1551  crime she or he was convicted of is not related to pari-mutuel
 1552  wagering and is not a capital offense, the restrictions
 1553  excluding offenders may be waived by the director of the
 1554  division.
 1555         (d)For purposes of this subsection, the term “convicted”
 1556  means having been found guilty, with or without adjudication of
 1557  guilt, as a result of a jury verdict, nonjury trial, or entry of
 1558  a plea of guilty or nolo contendere. However, the term
 1559  “conviction” does not apply to a crime committed prior to the
 1560  effective date of this subsection in a manner that would
 1561  invalidate any occupational license issued prior to the
 1562  effective date of this subsection or subsequent renewal for any
 1563  person holding such a license.
 1564         (e)(d) If an occupational license will expire by division
 1565  rule during the period of a suspension the division intends to
 1566  impose, or if a license would have expired but for pending
 1567  administrative charges and the occupational licensee is found to
 1568  be in violation of any of the charges, the license may be
 1569  revoked and a time period of license ineligibility may be
 1570  declared. The division may bring administrative charges against
 1571  any person not holding a current license for violations of
 1572  statutes or rules which occurred while such person held an
 1573  occupational license, and the division may declare such person
 1574  ineligible to hold a license for a period of time. The division
 1575  may impose a civil fine of up to $1,000 for each violation of
 1576  the rules of the division in addition to or in lieu of any other
 1577  penalty provided for in this section. In addition to any other
 1578  penalty provided by law, the division may exclude from all pari
 1579  mutuel facilities in this state, for a period not to exceed the
 1580  period of suspension, revocation, or ineligibility, any person
 1581  whose occupational license application has been denied by the
 1582  division, who has been declared ineligible to hold an
 1583  occupational license, or whose occupational license has been
 1584  suspended or revoked by the division.
 1585         (f)(e) The division may cancel any occupational license
 1586  that has been voluntarily relinquished by the licensee.
 1587         (6) In order to promote the orderly presentation of pari
 1588  mutuel meets authorized in this chapter, the division may issue
 1589  a temporary occupational license. The division shall adopt rules
 1590  to implement this subsection. However, no temporary occupational
 1591  license shall be valid for more than 30 days, and no more than
 1592  one temporary license may be issued for any person in any year.
 1593         (9) The tax imposed by this section is in lieu of all
 1594  license, excise, or occupational taxes to the state or any
 1595  county, municipality, or other political subdivision, except
 1596  that, if a race meeting or game is held or conducted in a
 1597  municipality, the municipality may assess and collect an
 1598  additional tax against any person conducting live racing or
 1599  games within its corporate limits, which tax may not exceed $150
 1600  per day for horseracing, or $50 per day for dogracing, or jai
 1601  alai, simulcasts, intertrack wagering, cardrooms, slot machines,
 1602  or electronic gaming machines. Except as provided in this
 1603  chapter, a municipality may not assess or collect any additional
 1604  excise or revenue tax against any person conducting race
 1605  meetings within the corporate limits of the municipality or
 1606  against any patron of any such person.
 1607         (10)(a) Upon application for an occupational license, the
 1608  division may require the applicant’s full legal name; any
 1609  nickname, alias, or maiden name for the applicant; name of the
 1610  applicant’s spouse; the applicant’s date of birth, residence
 1611  address, mailing address, residence address and business phone
 1612  number, and social security number; disclosure of any felony or
 1613  any conviction involving bookmaking, illegal gambling, or
 1614  cruelty to animals; disclosure of any past or present
 1615  enforcement or actions by any racing or gaming agency against
 1616  the applicant; and any information the division determines is
 1617  necessary to establish the identity of the applicant or to
 1618  establish that the applicant is of good moral character.
 1619  Fingerprints shall be taken in a manner approved by the division
 1620  and then shall be submitted to the Federal Bureau of
 1621  Investigation, or to the association of state officials
 1622  regulating pari-mutuel wagering pursuant to the Federal Pari
 1623  mutuel Licensing Simplification Act of 1988. The cost of
 1624  processing fingerprints shall be borne by the applicant and paid
 1625  to the association of state officials regulating pari-mutuel
 1626  wagering from the trust fund to which the processing fees are
 1627  deposited. The division shall require each applicant for an
 1628  occupational license to have the applicant’s signature witnessed
 1629  and notarized or signed in the presence of a division official.
 1630  The division, by rule, may require additional information from
 1631  licensees which is reasonably necessary to regulate the
 1632  industry. The division may, by rule, exempt certain occupations
 1633  or groups of persons from the fingerprinting requirements.
 1634         (b)All fingerprints required by this section which are
 1635  submitted to the Department of Law Enforcement shall be retained
 1636  by the Department of Law Enforcement and entered into the
 1637  statewide automated fingerprint identification system as
 1638  authorized by s. 943.05(2)(b) and shall be available for all
 1639  purposes and uses authorized for arrest fingerprint cards
 1640  entered into the statewide automated fingerprint identification
 1641  system pursuant to s. 943.051.
 1642         (c)The Department of Law Enforcement shall search all
 1643  arrest fingerprints received pursuant to s. 943.051 against the
 1644  fingerprints retained in the statewide automated fingerprint
 1645  identification system under paragraph (b). Any arrest record
 1646  that is identified with the retained fingerprints of a person
 1647  subject to the criminal history screening requirements of this
 1648  section shall be reported to the division. Each licensee shall
 1649  pay a fee to the division for the cost of retention of the
 1650  fingerprints and the ongoing searches under this paragraph. The
 1651  division shall forward the payment to the Department of Law
 1652  Enforcement. The amount of the fee to be imposed for performing
 1653  these searches and the procedures for the retention of licensee
 1654  fingerprints shall be as established by rule of the Department
 1655  of Law Enforcement. The division shall inform the Department of
 1656  Law Enforcement of any change in the license status of licensees
 1657  whose fingerprints are retained under paragraph (b).
 1658         (d)The division shall request the Department of Law
 1659  Enforcement to forward the fingerprints to the Federal Bureau of
 1660  Investigation for a national criminal history records check at
 1661  least once every 5 years following issuance of a license. If the
 1662  fingerprints of a person who is licensed have not been retained
 1663  by the Department of Law Enforcement, the person must file a
 1664  complete set of fingerprints as provided in paragraph (a). The
 1665  division shall collect the fees for the cost of the national
 1666  criminal history record check under this paragraph and forward
 1667  the payment to the Department of Law Enforcement. The cost of
 1668  processing fingerprints and conducting a criminal history record
 1669  check under this paragraph for a general occupational license
 1670  shall be borne by the applicant. The cost of processing
 1671  fingerprints and conducting a criminal history record check
 1672  under this paragraph for a business or professional occupational
 1673  license shall be borne by the person being checked. The
 1674  Department of Law Enforcement may invoice the division for the
 1675  fingerprints submitted each month. Under penalty of perjury,
 1676  each person who is licensed or who is fingerprinted as required
 1677  by this section must agree to inform the division within 48
 1678  hours if he or she is convicted of or has entered a plea of
 1679  guilty or nolo contendere to any disqualifying offense,
 1680  regardless of adjudication.
 1681         Section 32. Section 550.135, Florida Statutes, is amended
 1682  to read:
 1683         550.135 Division of moneys derived under this law.—All
 1684  moneys that are deposited with the Chief Financial Officer to
 1685  the credit of the Pari-mutuel Wagering Trust Fund shall be
 1686  distributed as follows:
 1687         (1) The daily license fee revenues collected pursuant to s.
 1688  550.0951(1) shall be used to fund the operating cost of the
 1689  division and to provide a proportionate share of the operation
 1690  of the office of the secretary and the Division of
 1691  Administration of the Department of Business and Professional
 1692  Regulation; however, other collections in the Pari-mutuel
 1693  Wagering Trust Fund may also be used to fund the operation of
 1694  the division in accordance with authorized appropriations.
 1695         (2) All unappropriated funds in excess of $1.5 million in
 1696  the Pari-mutuel Wagering Trust Fund, collected pursuant to this
 1697  chapter, shall be deposited with the Chief Financial Officer to
 1698  the credit of the General Revenue Fund.
 1699         (3) The slot machine license fee, the slot machine
 1700  occupational license fee, and the compulsive or addictive
 1701  gambling prevention program fee collected pursuant to ss.
 1702  551.106, 551.107(2)(a)1., and 551.118 shall be used to fund the
 1703  direct and indirect operating expenses of the division’s slot
 1704  machine regulation operations and to provide funding for
 1705  relevant enforcement activities in accordance with authorized
 1706  appropriations. Funds deposited into the Pari-mutuel Wagering
 1707  Trust Fund pursuant to ss. 551.106, 551.107(2)(a)1., and 551.118
 1708  shall be reserved in the trust fund for slot machine regulation
 1709  operations. On June 30, any unappropriated funds in excess of
 1710  those necessary for incurred obligations and subsequent year
 1711  cash flow for slot machine regulation operations shall be
 1712  deposited with the Chief Financial Officer to the credit of the
 1713  General Revenue Fund.
 1714         (4)The electronic gaming machine license fee, the
 1715  electronic gaming machine occupational license fee, and the
 1716  compulsive or addictive gambling prevention program fee
 1717  collected pursuant to subsection (1) of section 7 of this act
 1718  and subsection (3) of section 17 of this act shall be used to
 1719  fund the direct and indirect operating expenses of the
 1720  division’s electronic gaming machine regulation operations and
 1721  to provide funding for relevant enforcement activities in
 1722  accordance with authorized appropriations. Funds deposited into
 1723  the Pari-mutuel Wagering Trust Fund pursuant to subsection (1)
 1724  of section 7 of this act and subsection (3) of section 17 of
 1725  this act shall be reserved in the trust fund for electronic
 1726  gaming machine regulation and enforcement operations. On June
 1727  30, any unappropriated funds in excess of those necessary for
 1728  incurred obligations and subsequent year cash flow for
 1729  electronic gaming machine regulation and enforcement operations
 1730  shall be deposited with the Chief Financial Officer to the
 1731  credit of the General Revenue Fund.
 1732         Section 33. Subsection (6) of section 550.2415, Florida
 1733  Statutes, is amended to read:
 1734         550.2415 Racing of animals under certain conditions
 1735  prohibited; penalties; exceptions.—
 1736         (6)(a) It is the intent of the Legislature that animals
 1737  that participate in races in this state on which pari-mutuel
 1738  wagering is conducted and animals that are bred and trained in
 1739  this state for racing be treated humanely, both on and off
 1740  racetracks, throughout the lives of the animals.
 1741         (b) The division shall, by rule, establish the procedures
 1742  for euthanizing greyhounds. However, a greyhound may not be put
 1743  to death by any means other than by lethal injection of the drug
 1744  sodium pentobarbital. A greyhound may not be removed from this
 1745  state for the purpose of being destroyed.
 1746         (c) It is a violation of this chapter for an occupational
 1747  licensee to train a greyhound using live or dead animals. A
 1748  greyhound may not be taken from this state for the purpose of
 1749  being trained through the use of live or dead animals.
 1750         (d) Any act committed by any licensee which would
 1751  constitute A conviction of cruelty to animals as defined in
 1752  pursuant to s. 828.12 involving any a racing animal constitutes
 1753  a violation of this chapter. Imposition of any penalty by the
 1754  division for a violation of this chapter or any rule adopted by
 1755  the division pursuant to this chapter does not prohibit a
 1756  criminal prosecution for cruelty to animals.
 1757         (e)The division may inspect any area at a pari-mutuel
 1758  facility where racing animals are raced, trained, housed, or
 1759  maintained, including any areas where food, medications, or
 1760  other supplies are kept, to ensure the humane treatment of
 1761  racing animals and compliance with this chapter and the rules of
 1762  the division.
 1763         Section 34. Subsection (5) is added to section 550.26165,
 1764  Florida Statutes, is amended to read:
 1765         550.26165 Breeders’ awards.—
 1766         (5)(a)The awards programs in this chapter, which are
 1767  intended to encourage thoroughbred breeding and training
 1768  operations to locate in this state, must be responsive to
 1769  rapidly changing incentive programs in other states. To attract
 1770  such operations, it is appropriate to provide greater
 1771  flexibility to thoroughbred industry participants in this state
 1772  so that they may design competitive awards programs.
 1773         (b)Notwithstanding any other provision of law to the
 1774  contrary, the Florida Thoroughbred Breeders’ Association, as
 1775  part of its annual plan, may:
 1776         1.Pay breeders’ awards on horses finishing in first,
 1777  second, or third place in thoroughbred horse races; pay
 1778  breeders’ awards that are greater than 20 percent and less than
 1779  15 percent of the announced gross purse; and vary the rates for
 1780  breeders’ awards, based upon the place of finish, class of race,
 1781  state or country in which the race took place, and the state in
 1782  which the stallion siring the horse was standing when the horse
 1783  was conceived;
 1784         2.Pay stallion awards on horses finishing in first,
 1785  second, or third place in thoroughbred horse races; pay stallion
 1786  awards that are greater than 20 percent and less than 15 percent
 1787  of the announced gross purse; reduce or eliminate stallion
 1788  awards to enhance breeders’ awards or awards under subparagragh
 1789  3.; and vary the rates for stallion awards, based upon the place
 1790  of finish, class of race, and state or country in which the race
 1791  took place; and
 1792         3.Pay awards from the funds dedicated for breeders’ awards
 1793  and stallion awards to owners of registered Florida-bred horses
 1794  finishing in first, second, or third place in thoroughbred horse
 1795  races in this state, without regard to any awards paid pursuant
 1796  to s. 550.2625(6).
 1797         (c)Breeders’ awards or stallion awards under this chapter
 1798  may not be paid on thoroughbred horse races taking place in
 1799  other states or countries unless agreed to in writing by all
 1800  thoroughbred permitholders in this state, the Florida
 1801  Thoroughbred Breeders’ Association, and the Florida Horsemen’s
 1802  Benevolent and Protective Association, Inc.
 1803         Section 35. Paragraph (e) is added to subsection (6) of
 1804  section 550.2625, Florida Statutes, to read:
 1805         550.2625 Horseracing; minimum purse requirement, Florida
 1806  breeders’ and owners’ awards.—
 1807         (6)
 1808         (e)This subsection governs owners’ awards paid on
 1809  thoroughbred races only in this state, unless a written
 1810  agreement is filed with the division establishing the rate,
 1811  procedures, and eligibility requirements for owners’ awards,
 1812  including place of finish, class of race, maximum purse, and
 1813  maximum award, and the agreement is entered into by the
 1814  permitholder, the Florida Thoroughbred Breeders’ Association,
 1815  and the association representing a majority of the racehorse
 1816  owners and trainers at the permitholder’s location.
 1817         Section 36. Section 550.334, Florida Statutes, is amended
 1818  to read:
 1819         550.334 Quarter horse racing; substitutions.—
 1820         (1) Subject to all the applicable provisions of this
 1821  chapter, any person who possesses the qualifications prescribed
 1822  in this chapter may apply to the division for a permit to
 1823  conduct quarter horse race meetings and racing under this
 1824  chapter. The applicant must demonstrate that the location or
 1825  locations where the permit will be used are available for such
 1826  use and that she or he has the financial ability to satisfy the
 1827  reasonably anticipated operational expenses of the first racing
 1828  year following final issuance of the permit. If the racing
 1829  facility is already built, the application must contain a
 1830  statement, with reasonable supporting evidence, that the permit
 1831  will be used for quarter horse racing within 1 year after the
 1832  date on which it is granted; if the facility is not already
 1833  built, the application must contain a statement, with reasonable
 1834  supporting evidence, that substantial construction will be
 1835  started within 1 year after the issuance of the permit. After
 1836  receipt of an application, the division shall convene to
 1837  consider and act upon permits applied for. The division shall
 1838  disapprove an application if it fails to meet the requirements
 1839  of this chapter. Upon each application filed and approved, a
 1840  permit shall be issued setting forth the name of the applicant
 1841  and a statement showing qualifications of the applicant to
 1842  conduct racing under this chapter. If a favorable referendum on
 1843  a pari-mutuel facility has not been held previously within the
 1844  county, then, before a quarter horse permit may be issued by the
 1845  division, a referendum ratified by a majority of the electors in
 1846  the county is required on the question of allowing quarter horse
 1847  races within that county.
 1848         (2) After a quarter horse racing permit has been granted by
 1849  the division, the department shall grant to the lawful holder of
 1850  such permit, subject to the conditions of this section, a
 1851  license to conduct quarter horse racing under this chapter; and
 1852  the division shall fix annually the time when, place where, and
 1853  number of days upon which racing may be conducted by such
 1854  quarter horse racing permitholder. After the first license has
 1855  been issued to the holder of a permit for quarter horse racing,
 1856  all subsequent annual applications for a license by a
 1857  permitholder must be accompanied by proof, in such form as the
 1858  division requires, that the permitholder still possesses all the
 1859  qualifications prescribed by this chapter. The division may
 1860  revoke any permit or license issued under this section upon the
 1861  willful violation by the licensee of any provision of this
 1862  chapter or any rule adopted by the division under this chapter.
 1863  The division shall revoke any quarter horse permit under which
 1864  no live racing has ever been conducted before July 7, 1990, for
 1865  failure to conduct a horse meet pursuant to the license issued
 1866  where a full schedule of horseracing has not been conducted for
 1867  a period of 18 months commencing on October 1, 1990, unless the
 1868  permitholder has commenced construction on a facility at which a
 1869  full schedule of live racing could be conducted as approved by
 1870  the division. “Commenced construction” means initiation of and
 1871  continuous activities beyond site preparation associated with
 1872  erecting or modifying a horseracing facility, including
 1873  procurement of a building permit applying the use of approved
 1874  construction documents, proof of an executed owner/contractor
 1875  agreement or an irrevocable or binding forced account, and
 1876  actual undertaking of foundation forming with steel installation
 1877  and concrete placing. The 18-month period shall be extended by
 1878  the division, to the extent that the applicant demonstrates to
 1879  the satisfaction of the division that good faith commencement of
 1880  the construction of the facility is being delayed by litigation
 1881  or by governmental action or inaction with respect to
 1882  regulations or permitting precluding commencement of the
 1883  construction of the facility.
 1884         (1)(3) The operator of any licensed racetrack is authorized
 1885  to lease such track to any quarter horse racing permitholder for
 1886  the conduct of quarter horse racing under this chapter.
 1887         (4) Section 550.054 is inapplicable to quarter horse racing
 1888  as permitted under this section. All other provisions of this
 1889  chapter apply to, govern, and control such racing, and the same
 1890  must be conducted in compliance therewith.
 1891         (2)(5) Quarter horses participating in such races must be
 1892  duly registered by the American Quarter Horse Association, and
 1893  before each race such horses must be examined and declared in
 1894  fit condition by a qualified person designated by the division.
 1895         (3)(6) Any quarter horse racing days permitted under this
 1896  chapter are in addition to any other racing permitted under the
 1897  license issued the track where such quarter horse racing is
 1898  conducted.
 1899         (4)(7)(a) Any quarter horse racing permitholder operating
 1900  under a valid permit issued by the division is authorized to
 1901  substitute races of other breeds of horses, except
 1902  thoroughbreds, which are, respectively, registered with the
 1903  American Paint Horse Association, Appaloosa Horse Club, Arabian
 1904  Horse Registry of America, Palomino Horse Breeders of America,
 1905  or United States Trotting Association, Florida Cracker Horse
 1906  Association, or for no more than 50 percent of the quarter horse
 1907  races daily, and may substitute races of thoroughbreds
 1908  registered with the Jockey Club for no more than 50 percent of
 1909  the quarter horse races conducted by the permitholder during the
 1910  year daily with the written consent of all greyhound, harness,
 1911  and thoroughbred permitholders whose pari-mutuel facilities are
 1912  located within 50 air miles of such quarter horse racing
 1913  permitholder’s pari-mutuel facility.
 1914         (b) Any permittee operating within an area of 50 air miles
 1915  of a licensed thoroughbred track may not substitute thoroughbred
 1916  races under this section while a thoroughbred horse race meet is
 1917  in progress within that 50 miles. Any permittee operating within
 1918  an area of 125 air miles of a licensed thoroughbred track may
 1919  not substitute live thoroughbred races under this section while
 1920  a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
 1921  is conducting a thoroughbred meet within that 125 miles. These
 1922  mileage restrictions do not apply to any permittee that holds a
 1923  nonwagering permit issued pursuant to s. 550.505.
 1924         (5)(8) A quarter horse permit issued pursuant to this
 1925  section is not eligible for transfer or conversion to another
 1926  type of pari-mutuel operation.
 1927         (6)(9) Any nonprofit corporation, including, but not
 1928  limited to, an agricultural cooperative marketing association,
 1929  organized and incorporated under the laws of this state may
 1930  apply for a quarter horse racing permit and operate racing meets
 1931  under such permit, provided all pari-mutuel taxes and fees
 1932  applicable to such racing are paid by the corporation. However,
 1933  insofar as its pari-mutuel operations are concerned, the
 1934  corporation shall be considered to be a corporation for profit
 1935  and is subject to taxation on all property used and profits
 1936  earned in connection with its pari-mutuel operations.
 1937         (10) Intertrack wagering shall not be authorized for any
 1938  quarter horse permitholder without the written consent of all
 1939  greyhound, harness, and thoroughbred permitholders whose pari
 1940  mutuel facilities are located within 50 air miles of such
 1941  quarter horse permitholder’s pari-mutuel facility.
 1942         Section 37. Section 550.3355, Florida Statutes, is amended
 1943  to read:
 1944         550.3355 Harness track licenses for summer quarter horse
 1945  racing.—Any harness track licensed to operate under the
 1946  provisions of s. 550.375 may make application for, and shall be
 1947  issued by the division, a license to operate not more than 50
 1948  quarter horse racing days during the summer season, which shall
 1949  extend from July 1 June 1 until October 1 September 1 of each
 1950  year. However, this license to operate quarter horse racing for
 1951  50 days is in addition to the racing days and dates provided in
 1952  s. 550.375 for harness racing during the winter seasons; and, it
 1953  does not affect the right of such licensee to operate harness
 1954  racing at the track as provided in s. 550.375 during the winter
 1955  season. All provisions of this chapter governing quarter horse
 1956  racing not in conflict herewith apply to the operation of
 1957  quarter horse meetings authorized hereunder, except that all
 1958  quarter horse racing permitted hereunder shall be conducted at
 1959  night.
 1960         Section 38. Section 550.3605, Florida Statutes, is
 1961  repealed.
 1962         Section 39. Section 550.5251, Florida Statutes, is amended
 1963  to read:
 1964         550.5251 Florida thoroughbred racing; certain permits;
 1965  operating days.—
 1966         (1) Each thoroughbred permitholder under whose permit
 1967  thoroughbred racing was conducted in this state at any time
 1968  between January 1, 1987, and January 1, 1988, shall annually be
 1969  entitled to apply for and annually receive thoroughbred racing
 1970  days and dates as set forth in this section. As regards such
 1971  permitholders, the annual thoroughbred racing season shall be
 1972  from June 1 of any year through May 31 of the following year and
 1973  shall be known as the “Florida Thoroughbred Racing Season.”
 1974         (1)(2) Each thoroughbred permitholder referred to in
 1975  subsection (1) shall annually, during the period commencing
 1976  December 15 of each year and ending January 4 of the following
 1977  year, file in writing with the division its application to
 1978  conduct one or more thoroughbred racing meetings during the
 1979  thoroughbred racing season commencing on the following July June
 1980  1. Each application shall specify the number and dates of all
 1981  performances that the permitholder intends to conduct during
 1982  that thoroughbred racing season. On or before February 15 of
 1983  each year, the division shall issue a license authorizing each
 1984  permitholder to conduct performances on the dates specified in
 1985  its application. By February 28 Up to March 31 of each year,
 1986  each permitholder may request and shall be granted changes in
 1987  its authorized performances; but thereafter, as a condition
 1988  precedent to the validity of its license and its right to retain
 1989  its permit, each permitholder must operate the full number of
 1990  days authorized on each of the dates set forth in its license.
 1991         (3) Each thoroughbred permit referred to in subsection (1),
 1992  including, but not limited to, any permit originally issued as a
 1993  summer thoroughbred horse racing permit, is hereby validated and
 1994  shall continue in full force and effect.
 1995         (2)(4) A thoroughbred racing permitholder may not begin any
 1996  race later than 7 p.m. Any thoroughbred permitholder in a county
 1997  in which the authority for cardrooms has been approved by the
 1998  board of county commissioners may operate a cardroom and, when
 1999  conducting live races during its current race meet, may receive
 2000  and rebroadcast out-of-state races after the hour of 7 p.m. on
 2001  any day during which the permitholder conducts live races.
 2002         (3)(5)(a) Each licensed thoroughbred permitholder in this
 2003  state must run an average of one race per racing day in which
 2004  horses bred in this state and duly registered with the Florida
 2005  Thoroughbred Breeders’ Association have preference as entries
 2006  over non-Florida-bred horses, unless otherwise agreed to in
 2007  writing by the permitholder, the Florida Thoroughbred Breeders’
 2008  Association, and the association representing a majority of the
 2009  thoroughbred racehorse owners and trainers at that location. All
 2010  licensed thoroughbred racetracks shall write the conditions for
 2011  such races in which Florida-bred horses are preferred so as to
 2012  assure that all Florida-bred horses available for racing at such
 2013  tracks are given full opportunity to run in the class of races
 2014  for which they are qualified. The opportunity of running must be
 2015  afforded to each class of horses in the proportion that the
 2016  number of horses in this class bears to the total number of
 2017  Florida-bred horses available. A track is not required to write
 2018  conditions for a race to accommodate a class of horses for which
 2019  a race would otherwise not be run at the track during its meet
 2020  meeting.
 2021         (b) Each licensed thoroughbred permitholder in this state
 2022  may run one additional race per racing day composed exclusively
 2023  of Arabian horses registered with the Arabian Horse Registry of
 2024  America. Any licensed thoroughbred permitholder that elects to
 2025  run one additional race per racing day composed exclusively of
 2026  Arabian horses registered with the Arabian Horse Registry of
 2027  America is not required to provide stables for the Arabian
 2028  horses racing under this paragraph.
 2029         (c) Each licensed thoroughbred permitholder in this state
 2030  may run up to three additional races per racing day composed
 2031  exclusively of quarter horses registered with the American
 2032  Quarter Horse Association.
 2033         (6) Notwithstanding the provisions of subsection (2), a
 2034  thoroughbred permitholder who fails to operate all performances
 2035  on its 2001-2002 license does not lose its right to retain its
 2036  permit. Such thoroughbred permitholder is eligible for issuance
 2037  of an annual license pursuant to s. 550.0115 for subsequent
 2038  thoroughbred racing seasons. The division shall take no
 2039  disciplinary action against such thoroughbred permitholder for
 2040  failure to operate all licensed performances for the 2001-2002
 2041  license pursuant to this section or s. 550.01215. This section
 2042  may not be interpreted to prohibit the division from taking
 2043  disciplinary action against a thoroughbred permitholder for
 2044  failure to pay taxes on performances operated pursuant to its
 2045  2001-2002 license. This subsection expires July 1, 2003.
 2046         (7) A thoroughbred permitholder shall file an amendment
 2047  with the division no later than July 1, 2002, that indicates
 2048  that it will not be able to operate the performances scheduled
 2049  on its 2002-2003 license without imposition of any penalty for
 2050  failure to operate all licensed performances provided in this
 2051  chapter. This subsection expires July 1, 2003.
 2052         Section 40. Section 550.810, Florida Statutes, is created
 2053  to read:
 2054         550.810Historical racing.—
 2055         (1)Subject to the requirements of this section and
 2056  compliance with the rules adopted by the division, a licensed
 2057  pari-mutuel facility may operate a historical racing system if:
 2058         (a)No identifying information about any race or the
 2059  competing horses or dogs in that race is revealed to a patron
 2060  until after the patron’s wagers is irrevocably placed;
 2061         (b)The results of a patron’s wager are shown to the patron
 2062  using video or mechanical displays, or both, and the patron has
 2063  the opportunity to view all or any portion of the race;
 2064         (c)The historical racing takes place under a licensed
 2065  pari-mutuel permit and the pari-mutuel permitholder also holds a
 2066  cardroom license; and
 2067         (d)The licensed pari-mutuel permit holder has paid the fee
 2068  in s. 550.0951(5)(d).
 2069         (2)(a)Historic racing may not be authorized to a
 2070  permitholder licensed under chapter 550, Florida Statutes, to
 2071  conduct live pari-mutuel wagering races or games unless the
 2072  permitholder has on file with the division the following binding
 2073  written agreements governing the payment of awards and purses on
 2074  the handle generated from historic racing conducted at the
 2075  licensee’s pari-mutuel facility:
 2076         1.For a thoroughbred permitholder, an agreement governing
 2077  the payment of purses between the permitholder and the Florida
 2078  Horsemen’s Benevolent and Protective Association, Inc., or the
 2079  association representing a majority of the thoroughbred owners
 2080  and trainers at the permitholder’s eligible facility located as
 2081  described in s. 550.615(9), Florida Statutes, and an agreement
 2082  governing the payment of awards between the permitholder and the
 2083  Florida Thoroughbred Breeders’ Association;
 2084         2.For a harness permitholder, an agreement governing the
 2085  payment of purses and awards between the permitholder and the
 2086  Florida Standardbred Breeders and Owners Association;
 2087         3.For a greyhound permitholder, an agreement governing the
 2088  payment of purses between the permitholder and the Florida
 2089  Greyhound Association, Inc.;
 2090         4.For a quarter horse permitholder, an agreement governing
 2091  the payment of purses between the applicant and the Florida
 2092  Quarter Horse Racing Association or the association representing
 2093  a majority of the horse owners and trainers at the applicants
 2094  eligible facility, and an agreement governing the payment of
 2095  awards between the permitholder and the Florida Quarter Horse
 2096  Breeders and Owners Association; or
 2097         5.For a jai alai permitholder, an agreement governing the
 2098  payment of player awards between the permitholder and the
 2099  International Jai Alai Players Association or a binding written
 2100  agreement approved by a majority of the jai alai players at the
 2101  permitholder’s eligible facility at which the applicant has a
 2102  permit issued after January 1, 2000, to conduct jai alai.
 2103         (b)The agreements may direct the payment of purses and
 2104  awards from revenues generated by any wagering or games the
 2105  applicant is authorized to conduct under state law. All purses
 2106  and awards are subject to the terms of chapter 550, Florida
 2107  Statutes. All sums for breeders’, stallion, and special racing
 2108  awards shall be remitted monthly to the respective breeders
 2109  association for the payment of awards, subject to the
 2110  administrative fees authorized under chapter 550, Florida
 2111  Statutes.
 2112         (3)The amount of historical racing wagering terminals may
 2113  be:
 2114         (a)A licensed greyhound facility may have 500 historical
 2115  racing terminals.
 2116         (b)A licensed thoroughbred facility may have 500
 2117  historical racing terminals.
 2118         (c)A licensed harness track facility may have 500
 2119  historical racing terminals.
 2120         (d)A licensed quarter horse facility may have 500
 2121  historical racing terminals.
 2122         (e)A licensed jai alai facility may have 500 historical
 2123  racing terminals.
 2124         (4)The moneys wagered on races via the historical racing
 2125  system shall be separated from the moneys wagered on live races
 2126  conducted at, and on other races simulcast to, the licensee’s
 2127  facility.
 2128         (5)The division shall adopt rules necessary to implement,
 2129  administer, and regulate the operation of historical racing
 2130  systems in this state. The rules must include:
 2131         (a)Procedures for regulating, managing, and auditing the
 2132  operation, financial data, and program information relating to
 2133  historical racing systems that enable the division to audit the
 2134  operation, financial data, and program information of pari
 2135  mutuel facility authorized to operate a historical racing
 2136  system.
 2137         (b)Technical requirements to operate a historical racing
 2138  system.
 2139         (c)Procedures to require licensees to maintain specified
 2140  records and submit any data, information, record, or report,
 2141  including financial and income records, required by this act or
 2142  rules of the division.
 2143         (d)Procedures relating to historical racing system
 2144  revenues, including verifying and accounting for such revenues,
 2145  auditing, and collecting taxes and fees.
 2146         (e)Minimum standards for security of the facilities,
 2147  including floor plans, security cameras, and other security
 2148  equipment.
 2149         (f)Procedures to ensure that a historical racing machine
 2150  does not enter the state and be offered for play until it has
 2151  been tested and certified by a licensed testing laboratory for
 2152  play in the state. The procedures shall address measures to
 2153  scientifically test and technically evaluate electronic gaming
 2154  machines for compliance with laws and rules regulating
 2155  historical racing machines. The division may contract with an
 2156  independent testing laboratory to conduct any necessary testing.
 2157  The independent testing laboratory must have a national
 2158  reputation indicating that it is demonstrably competent and
 2159  qualified to scientifically test and evaluate that the
 2160  historical racing systems perform the functions required by laws
 2161  and rules regulating historical racing machines. An independent
 2162  testing laboratory may not be owned or controlled by a licensee.
 2163  The selection of an independent laboratory for any purpose
 2164  related to the conduct of historical racing systems by a
 2165  licensee shall be made from a list of laboratories approved by
 2166  the division. The division shall adopt rules regarding the
 2167  testing, certification, control, and approval of historical
 2168  racing systems.
 2169         (6)Notwithstanding any other provision of the law, the
 2170  proceeds of pari-mutuel tickets purchased for historical racing
 2171  that are not redeemed within 1 year after purchase shall be
 2172  divided as follows:
 2173         (a)Fifty percent shall be retained by the permitholder;
 2174  and
 2175         (b)Fifty percent shall be paid into the permitholder’s
 2176  purse account.
 2177         Section 41. Subsection (7) of section 551.102, Florida
 2178  Statutes, is amended to read:
 2179         551.102 Definitions.—As used in this chapter, the term:
 2180         (7) “Progressive system” means a computerized system
 2181  linking slot machines in one or more licensed facilities within
 2182  this state or other jurisdictions and offering one or more
 2183  common progressive payouts based on the amounts wagered.
 2184         Section 42. Paragraph (j) of subsection (4) of section
 2185  551.104, Florida Statutes, is amended to read:
 2186         551.104 License to conduct slot machine gaming.—
 2187         (4) As a condition of licensure and to maintain continued
 2188  authority for the conduct of slot machine gaming, the slot
 2189  machine licensee shall:
 2190         (j) Ensure that the payout percentage of a slot machine
 2191  gaming facility is at least no less than 85 percent.
 2192         Section 43. Paragraph (a) of subsection (1), paragraph (a)
 2193  of subsection (2), and subsection (3) of section 551.106,
 2194  Florida Statutes, are amended to read:
 2195         551.106 License fee; tax rate; penalties.—
 2196         (1) LICENSE FEE.—
 2197         (a) Upon submission of the initial application for a slot
 2198  machine license and annually thereafter, on the anniversary date
 2199  of the issuance of the initial license, the licensee must pay to
 2200  the division a nonrefundable license fee of $3 million for the
 2201  succeeding 12 months of licensure. In the 2010-2011 fiscal year,
 2202  the licensee must pay the division a nonrefundable license fee
 2203  of $2.5 million for the succeeding 12 months of licensure. In
 2204  the 2011-2012 fiscal year and for every fiscal year thereafter,
 2205  the licensee must pay the division a nonrefundable license fee
 2206  of $2 million for the succeeding 12 months of licensure. The
 2207  license fee shall be deposited into the Pari-mutuel Wagering
 2208  Trust Fund of the Department of Business and Professional
 2209  Regulation to be used by the division and the Department of Law
 2210  Enforcement for investigations, regulation of slot machine
 2211  gaming, and enforcement of slot machine gaming provisions under
 2212  this chapter. These payments shall be accounted for separately
 2213  from taxes or fees paid pursuant to the provisions of chapter
 2214  550.
 2215         (2) TAX ON SLOT MACHINE REVENUES.—
 2216         (a) The tax rate on slot machine revenues at each facility
 2217  shall be 50 percent. In the 2010-2011 fiscal year, the tax rate
 2218  on slot machine revenues at each facility shall be 42 percent.
 2219  In the 2011-2012 fiscal year and every year thereafter, the tax
 2220  rate on slot machine revenue at each facility shall be 35
 2221  percent.
 2222         (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
 2223  on slot machine revenues imposed by this section shall be paid
 2224  to the division. The division shall deposit these sums with the
 2225  Chief Financial Officer, to the credit of the Pari-mutuel
 2226  Wagering Trust Fund. The slot machine licensee shall remit to
 2227  the division payment for the tax on slot machine revenues. Such
 2228  payments shall be remitted by 3 p.m. Wednesday of each week for
 2229  taxes imposed and collected for the preceding week ending on
 2230  Sunday. Beginning on July 1, 2012, the slot machine licensee
 2231  shall remit to the division payment for the tax on slot machine
 2232  revenues by 3 p.m. on the 5th day of each calendar month for
 2233  taxes imposed and collected for the preceding calendar month. If
 2234  the 5th day of the calendar month falls on a weekend, payments
 2235  shall be remitted by 3 p.m. the first Monday following the
 2236  weekend. The slot machine licensee shall file a report under
 2237  oath by the 5th day of each calendar month for all taxes
 2238  remitted during the preceding calendar month. Such payments
 2239  shall be accompanied by a report under oath showing all slot
 2240  machine gaming activities for the preceding calendar month and
 2241  such other information as may be prescribed by the division.
 2242         Section 44. Subsection (1) of section 551.113, Florida
 2243  Statutes, is amended to read:
 2244         551.113 Persons prohibited from playing slot machines.—
 2245         (1) A person who has not attained 18 21 years of age may
 2246  not play or operate a slot machine or have access to the
 2247  designated slot machine gaming area of a facility of a slot
 2248  machine licensee.
 2249         Section 45. Subsection (5) of section 551.121, Florida
 2250  Statutes, is amended to read:
 2251         551.121 Prohibited activities and devices; exceptions.—
 2252         (5) A slot machine, or the computer operating system
 2253  linking the slot machine, may be linked by any means to any
 2254  other slot machine or computer operating system within the
 2255  facility of a slot machine licensee. A progressive system may
 2256  not be used in conjunction with slot machines between licensed
 2257  facilities in Florida or in other jurisdictions.
 2258         Section 46. Paragraph (a) of subsection (1) and paragraph
 2259  (a) of subsection (2) of section 772.102, Florida Statutes, are
 2260  amended to read:
 2261         772.102 Definitions.—As used in this chapter, the term:
 2262         (1) “Criminal activity” means to commit, to attempt to
 2263  commit, to conspire to commit, or to solicit, coerce, or
 2264  intimidate another person to commit:
 2265         (a) Any crime that is chargeable by indictment or
 2266  information under the following provisions:
 2267         1. Section 210.18, relating to evasion of payment of
 2268  cigarette taxes.
 2269         2. Section 414.39, relating to public assistance fraud.
 2270         3. Section 440.105 or s. 440.106, relating to workers’
 2271  compensation.
 2272         4. Part IV of chapter 501, relating to telemarketing.
 2273         5. Chapter 517, relating to securities transactions.
 2274         6. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2275  relating to dogracing and horseracing.
 2276         7. Chapter 550, relating to jai alai frontons.
 2277         8. Chapter 552, relating to the manufacture, distribution,
 2278  and use of explosives.
 2279         9. Chapter 562, relating to beverage law enforcement.
 2280         10. Section 624.401, relating to transacting insurance
 2281  without a certificate of authority, s. 624.437(4)(c)1., relating
 2282  to operating an unauthorized multiple-employer welfare
 2283  arrangement, or s. 626.902(1)(b), relating to representing or
 2284  aiding an unauthorized insurer.
 2285         11. Chapter 687, relating to interest and usurious
 2286  practices.
 2287         12. Section 721.08, s. 721.09, or s. 721.13, relating to
 2288  real estate timeshare plans.
 2289         13. Chapter 782, relating to homicide.
 2290         14. Chapter 784, relating to assault and battery.
 2291         15. Chapter 787, relating to kidnapping or human
 2292  trafficking.
 2293         16. Chapter 790, relating to weapons and firearms.
 2294         17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
 2295  796.07, relating to prostitution.
 2296         18. Chapter 806, relating to arson.
 2297         19. Section 810.02(2)(c), relating to specified burglary of
 2298  a dwelling or structure.
 2299         20. Chapter 812, relating to theft, robbery, and related
 2300  crimes.
 2301         21. Chapter 815, relating to computer-related crimes.
 2302         22. Chapter 817, relating to fraudulent practices, false
 2303  pretenses, fraud generally, and credit card crimes.
 2304         23. Section 827.071, relating to commercial sexual
 2305  exploitation of children.
 2306         24. Chapter 831, relating to forgery and counterfeiting.
 2307         25. Chapter 832, relating to issuance of worthless checks
 2308  and drafts.
 2309         26. Section 836.05, relating to extortion.
 2310         27. Chapter 837, relating to perjury.
 2311         28. Chapter 838, relating to bribery and misuse of public
 2312  office.
 2313         29. Chapter 843, relating to obstruction of justice.
 2314         30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2315  s. 847.07, relating to obscene literature and profanity.
 2316         31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2317  849.25, relating to gambling.
 2318         32. Chapter 893, relating to drug abuse prevention and
 2319  control.
 2320         33. Section 914.22 or s. 914.23, relating to witnesses,
 2321  victims, or informants.
 2322         34. Section 918.12 or s. 918.13, relating to tampering with
 2323  jurors and evidence.
 2324         (2) “Unlawful debt” means any money or other thing of value
 2325  constituting principal or interest of a debt that is legally
 2326  unenforceable in this state in whole or in part because the debt
 2327  was incurred or contracted:
 2328         (a) In violation of any one of the following provisions of
 2329  law:
 2330         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2331  relating to dogracing and horseracing.
 2332         2. Chapter 550, relating to jai alai frontons.
 2333         3. Section 687.071, relating to criminal usury, loan
 2334  sharking, and shylocking.
 2335         4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2336  849.25, relating to gambling.
 2337         Section 47. Paragraphs (a) and (b) of subsection (5),
 2338  subsections (6) and (7), paragraphs (b) and (c) of subsection
 2339  (8), and paragraphs (a) and (b) of subsection (12) of section
 2340  849.086, Florida Statutes, are amended to read:
 2341         849.086 Cardrooms authorized.—
 2342         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 2343  operate a cardroom in this state unless such person holds a
 2344  valid cardroom license issued pursuant to this section.
 2345         (a) Only those persons holding a valid cardroom license
 2346  issued by the division may operate a cardroom. A cardroom
 2347  license may only be issued to a licensed pari-mutuel
 2348  permitholder and an authorized cardroom may only be operated at
 2349  the same facility at which the permitholder is authorized under
 2350  its valid pari-mutuel wagering permit to conduct pari-mutuel
 2351  wagering activities. An initial cardroom license only shall be
 2352  issued to a pari-mutuel permitholder that has run a full
 2353  schedule of live races as defined in s. 550.002(11) for the
 2354  previous 2 fiscal years prior to application for a license and
 2355  only if the permitholder is licensed to conduct a full schedule
 2356  of live races or games during the state fiscal year in which the
 2357  initial cardroom license is issued.
 2358         (b) After the initial cardroom license is granted, the
 2359  application for the annual license renewal shall be made in
 2360  conjunction with the applicant’s annual application for its
 2361  pari-mutuel license. If a permitholder has operated a cardroom
 2362  during any of the 3 previous fiscal years and fails to include a
 2363  renewal request for the operation of the cardroom in its annual
 2364  application for license renewal, the permitholder may amend its
 2365  annual application to include operation of the cardroom. In
 2366  order for a cardroom license to be renewed the applicant must
 2367  have requested, as part of its pari-mutuel annual license
 2368  application, to conduct at least 90 percent of the total number
 2369  of live performances conducted by such permitholder during
 2370  either the state fiscal year in which its initial cardroom
 2371  license was issued or the state fiscal year immediately prior
 2372  thereto. If the application is for a harness permitholder
 2373  cardroom, the applicant must have requested authorization to
 2374  conduct a minimum of 140 live performances during the state
 2375  fiscal year immediately prior thereto. If more than one
 2376  permitholder is operating at a facility, each permitholder must
 2377  have applied for a license to conduct a full schedule of live
 2378  racing.
 2379         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
 2380  APPLICATION; FEES.—
 2381         (a) A person employed or otherwise working in a cardroom as
 2382  a cardroom manager, floor supervisor, pit boss, dealer, or any
 2383  other activity related to cardroom operations while the facility
 2384  is conducting card playing or games of dominoes must hold a
 2385  valid cardroom employee occupational license issued by the
 2386  division. Food service, maintenance, and security employees with
 2387  a current pari-mutuel occupational license and a current
 2388  background check will not be required to have a cardroom
 2389  employee occupational license.
 2390         (b) Any cardroom management company or cardroom distributor
 2391  associated with cardroom operations must hold a valid cardroom
 2392  business occupational license issued by the division.
 2393         (c) No licensed cardroom operator may employ or allow to
 2394  work in a cardroom any person unless such person holds a valid
 2395  occupational license. No licensed cardroom operator may
 2396  contract, or otherwise do business with, a business required to
 2397  hold a valid cardroom business occupational license, unless the
 2398  business holds such a valid license.
 2399         (d) The division shall establish, by rule, a schedule for
 2400  the annual renewal of cardroom occupational licenses. Cardroom
 2401  occupational licenses are not transferable.
 2402         (e) Persons seeking cardroom occupational licenses, or
 2403  renewal thereof, shall make application on forms prescribed by
 2404  the division. Applications for cardroom occupational licenses
 2405  shall contain all of the information the division, by rule, may
 2406  determine is required to ensure eligibility.
 2407         (f) The division shall promulgate rules regarding cardroom
 2408  occupational licenses. The provisions specified in s.
 2409  550.105(4), (5), (6), (7), (8), and (10) relating to licensure
 2410  shall be applicable to cardroom occupational licenses.
 2411         (g) The division may deny, declare ineligible, or revoke
 2412  any cardroom occupational license if the applicant or holder
 2413  thereof has been found guilty or had adjudication withheld in
 2414  this state or any other state, or under the laws of the United
 2415  States of a felony or misdemeanor involving forgery, larceny,
 2416  extortion, conspiracy to defraud, or filing false reports to a
 2417  government agency, racing or gaming commission or authority.
 2418         (h) Fingerprints for all cardroom occupational license
 2419  applications shall be taken in a manner approved by the division
 2420  and then shall be submitted to the Florida Department of Law
 2421  Enforcement and the Federal Bureau of Investigation for a
 2422  criminal records check upon initial application and every 5
 2423  years thereafter. The division may by rule require an annual
 2424  record check of all renewal applications for a cardroom
 2425  occupational license. The cost of processing fingerprints and
 2426  conducting a record check shall be borne by the applicant.
 2427         (i) The cardroom employee occupational license fee shall
 2428  not exceed be $50 for any 12-month period. The cardroom business
 2429  occupational license fee shall not exceed be $250 for any 12
 2430  month period.
 2431         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 2432         (a) A cardroom may be operated only at the location
 2433  specified on the cardroom license issued by the division, and
 2434  such location may only be the location at which the pari-mutuel
 2435  permitholder is authorized to conduct pari-mutuel wagering
 2436  activities pursuant to such permitholder’s valid pari-mutuel
 2437  permit or as otherwise authorized by law. Cardroom operations
 2438  may not be allowed beyond the hours provided in paragraph (b)
 2439  regardless of the number of cardroom licenses issued for
 2440  permitholders operating at the pari-mutuel facility.
 2441         (b) Any cardroom operator horserace, greyhound race, or jai
 2442  alai permitholder licensed under this section may operate a
 2443  cardroom at the pari-mutuel facility daily throughout the year,
 2444  on any day for a cumulative amount of 12 hours if the
 2445  permitholder meets the requirements under paragraph (5)(b). The
 2446  cardroom may be open a cumulative amount of 18 hours per day on
 2447  Monday through Friday and 24 hours per day on Saturday and
 2448  Sunday and on the holidays specified in s. 110.117(1).
 2449         (c) A cardroom operator must at all times employ and
 2450  provide a nonplaying dealer for each table on which authorized
 2451  card games which traditionally use a dealer are conducted at the
 2452  cardroom. Such dealers may not have a participatory interest in
 2453  any game other than the dealing of cards and may not have an
 2454  interest in the outcome of the game. The providing of such
 2455  dealers by a licensee does not constitute the conducting of a
 2456  banking game by the cardroom operator.
 2457         (d) A cardroom operator may award giveaways, jackpots, and
 2458  prizes to a player who holds certain combinations of cards
 2459  specified by the cardroom operator.
 2460         (e) Each cardroom operator shall conspicuously post upon
 2461  the premises of the cardroom a notice which contains a copy of
 2462  the cardroom license; a list of authorized games offered by the
 2463  cardroom; the wagering limits imposed by the house, if any; any
 2464  additional house rules regarding operation of the cardroom or
 2465  the playing of any game; and all costs to players to
 2466  participate, including any rake by the house. In addition, each
 2467  cardroom operator shall post at each table a notice of the
 2468  minimum and maximum bets authorized at such table and the fee
 2469  for participation in the game conducted.
 2470         (f) The cardroom facility is subject to inspection by the
 2471  division or any law enforcement agency during the licensee’s
 2472  regular business hours. The inspection must specifically include
 2473  the permitholder internal control procedures approved by the
 2474  division.
 2475         (g) A cardroom operator may refuse entry to or refuse to
 2476  allow any person who is objectionable, undesirable, or
 2477  disruptive to play, but such refusal may not be on the basis of
 2478  race, creed, color, religion, gender, national origin, marital
 2479  status, physical handicap, or age, except as provided in this
 2480  section.
 2481         (8) METHOD OF WAGERS; LIMITATION.—
 2482         (b) The cardroom operator may limit the amount wagered in
 2483  any game or series of games, but the maximum bet may not exceed
 2484  $5 in value. There may not be more than three raises in any
 2485  round of betting. The fee charged by the cardroom for
 2486  participation in the game shall not be included in the
 2487  calculation of the limitation on the bet amount provided in this
 2488  paragraph. However, A cardroom operator may conduct games of
 2489  Texas Hold-em without a betting limit if the required player
 2490  buy-in is no more than $100.
 2491         (c) A tournament shall consist of a series of games. The
 2492  entry fee for a tournament may be set by the cardroom operator,
 2493  including any re-buys, may not exceed the maximum amount that
 2494  could be wagered by a participant in 10 like-kind, nontournament
 2495  games under paragraph (b). Tournaments may be played only with
 2496  tournament chips that are provided to all participants in
 2497  exchange for an entry fee and any subsequent re-buys. All
 2498  players must receive an equal number of tournament chips for
 2499  their entry fee. Tournament chips have no cash value and
 2500  represent tournament points only. There is no limitation on the
 2501  number of tournament chips that may be used for a bet except as
 2502  otherwise determined by the cardroom operator. Tournament chips
 2503  may never be redeemed for cash or for any other thing of value.
 2504  The distribution of prizes and cash awards must be determined by
 2505  the cardroom operator before entry fees are accepted. For
 2506  purposes of tournament play only, the term “gross receipts”
 2507  means the total amount received by the cardroom operator for all
 2508  entry fees, player re-buys, and fees for participating in the
 2509  tournament less the total amount paid to the winners or others
 2510  as prizes.
 2511         (12) PROHIBITED ACTIVITIES.—
 2512         (a)1.A No person licensed to operate a cardroom may not
 2513  conduct any banking game or any game not specifically authorized
 2514  by this section except as provided in subparagraph (b)2.
 2515         (b) A No person under 18 years of age may not be permitted
 2516  to hold a cardroom or employee license, or engage in any game
 2517  conducted therein.
 2518         2.Cardroom licensees located in Miami-Dade County and
 2519  Broward County who are slot machine licensees pursuant to
 2520  chapter 551 and have conducted a full schedule of live racing
 2521  pursuant to s. 550.002(11) for the prior 2 fiscal years may
 2522  conduct the game of blackjack if the Governor and the Seminole
 2523  Tribe of Florida enter into a signed compact that permits the
 2524  Seminole Tribe of Florida the ability to play roulette or
 2525  roulette-style games or craps or craps-style games, and only if
 2526  the compact is approved or deemed approved by the Department of
 2527  the Interior and properly noticed in the Federal Register.
 2528  Cardroom licensees who are authorized to conduct the game of
 2529  blackjack shall pay a tax to the state of 10 percent of the
 2530  cardroom operation’s monthly gross receipts, which shall include
 2531  blackjack revenue.
 2532         Section 48. Subsection (2) of section 849.15, Florida
 2533  Statutes, is amended to read:
 2534         849.15 Manufacture, sale, possession, etc., of coin
 2535  operated devices prohibited.—
 2536         (2) Pursuant to section 2 of that chapter of the Congress
 2537  of the United States entitled “An act to prohibit transportation
 2538  of gaming devices in interstate and foreign commerce,” approved
 2539  January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
 2540  designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
 2541  acting by and through the duly elected and qualified members of
 2542  its Legislature, does hereby in this section, and in accordance
 2543  with and in compliance with the provisions of section 2 of such
 2544  chapter of Congress, declare and proclaim that any county of the
 2545  State of Florida within which slot machine gaming is authorized
 2546  pursuant to chapter 551 or electronic gaming or historical
 2547  racing is authorized at eligible pari-mutuel facilities is
 2548  exempt from the provisions of section 2 of that chapter of the
 2549  Congress of the United States entitled “An act to prohibit
 2550  transportation of gaming devices in interstate and foreign
 2551  commerce,” designated as 15 U.S.C. ss. 1171-1177, approved
 2552  January 2, 1951. All shipments of gaming devices, including slot
 2553  machines, electronic gaming machines, and historical racing
 2554  systems, into any county of this state within which slot machine
 2555  gaming is authorized pursuant to chapter 551 or electronic
 2556  gaming or historical racing is authorized at eligible pari
 2557  mutuel facilities and the registering, recording, and labeling
 2558  of which have been duly performed by the manufacturer or
 2559  distributor thereof in accordance with sections 3 and 4 of that
 2560  chapter of the Congress of the United States entitled “An act to
 2561  prohibit transportation of gaming devices in interstate and
 2562  foreign commerce,” approved January 2, 1951, being ch. 1194, 64
 2563  Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
 2564  shall be deemed legal shipments thereof into this state provided
 2565  the destination of such shipments is an eligible facility as
 2566  defined in s. 551.102 or the facility of a slot machine
 2567  manufacturer or slot machine distributor as provided in s.
 2568  551.109(2), a certified educational facility, or the facility of
 2569  an electronic gaming machine or hitorical racing system
 2570  manufacturer or electronic gaming machine or historical racing
 2571  system distributor authorized to possess electronic gaming
 2572  machines as provided in the act authorizing electronic gaming
 2573  machines or historical racing systems at eligible pari-mutuel
 2574  facilities s. 551.109(2)(a).
 2575         Section 49. Subsection (3) is added to section 849.161,
 2576  Florida Statutes, to read:
 2577         849.161 Amusement games or machines; when chapter
 2578  inapplicable.—
 2579         (3)This chapter does not apply to licensed cardroom
 2580  operators having historical racing systems pursuant to chapter
 2581  550 which operate by means of the insertion of coin, currency,
 2582  or voucher and which by application of an element of skill may
 2583  entitle the person playing or operating the game or machine to
 2584  receive payouts from one or more pari-mutuel pools.
 2585         Section 50. Subsections (1) and (2) of section 895.02,
 2586  Florida Statutes, are amended to read:
 2587         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
 2588         (1) “Racketeering activity” means to commit, to attempt to
 2589  commit, to conspire to commit, or to solicit, coerce, or
 2590  intimidate another person to commit:
 2591         (a) Any crime that is chargeable by petition, indictment,
 2592  or information under the following provisions of the Florida
 2593  Statutes:
 2594         1. Section 210.18, relating to evasion of payment of
 2595  cigarette taxes.
 2596         2. Section 316.1935, relating to fleeing or attempting to
 2597  elude a law enforcement officer and aggravated fleeing or
 2598  eluding.
 2599         3. Section 403.727(3)(b), relating to environmental
 2600  control.
 2601         4. Section 409.920 or s. 409.9201, relating to Medicaid
 2602  fraud.
 2603         5. Section 414.39, relating to public assistance fraud.
 2604         6. Section 440.105 or s. 440.106, relating to workers’
 2605  compensation.
 2606         7. Section 443.071(4), relating to creation of a fictitious
 2607  employer scheme to commit unemployment compensation fraud.
 2608         8. Section 465.0161, relating to distribution of medicinal
 2609  drugs without a permit as an Internet pharmacy.
 2610         9. Section 499.0051, relating to crimes involving
 2611  contraband and adulterated drugs.
 2612         10. Part IV of chapter 501, relating to telemarketing.
 2613         11. Chapter 517, relating to sale of securities and
 2614  investor protection.
 2615         12. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2616  relating to dogracing and horseracing.
 2617         13. Chapter 550, relating to jai alai frontons.
 2618         14. Section 551.109, relating to slot machine gaming.
 2619         15. Chapter 552, relating to the manufacture, distribution,
 2620  and use of explosives.
 2621         16. Chapter 560, relating to money transmitters, if the
 2622  violation is punishable as a felony.
 2623         17. Chapter 562, relating to beverage law enforcement.
 2624         18. Section 624.401, relating to transacting insurance
 2625  without a certificate of authority, s. 624.437(4)(c)1., relating
 2626  to operating an unauthorized multiple-employer welfare
 2627  arrangement, or s. 626.902(1)(b), relating to representing or
 2628  aiding an unauthorized insurer.
 2629         19. Section 655.50, relating to reports of currency
 2630  transactions, when such violation is punishable as a felony.
 2631         20. Chapter 687, relating to interest and usurious
 2632  practices.
 2633         21. Section 721.08, s. 721.09, or s. 721.13, relating to
 2634  real estate timeshare plans.
 2635         22. Section 775.13(5)(b), relating to registration of
 2636  persons found to have committed any offense for the purpose of
 2637  benefiting, promoting, or furthering the interests of a criminal
 2638  gang.
 2639         23. Section 777.03, relating to commission of crimes by
 2640  accessories after the fact.
 2641         24. Chapter 782, relating to homicide.
 2642         25. Chapter 784, relating to assault and battery.
 2643         26. Chapter 787, relating to kidnapping or human
 2644  trafficking.
 2645         27. Chapter 790, relating to weapons and firearms.
 2646         28. Chapter 794, relating to sexual battery, but only if
 2647  such crime was committed with the intent to benefit, promote, or
 2648  further the interests of a criminal gang, or for the purpose of
 2649  increasing a criminal gang member’s own standing or position
 2650  within a criminal gang.
 2651         29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
 2652  796.05, or s. 796.07, relating to prostitution and sex
 2653  trafficking.
 2654         30. Chapter 806, relating to arson and criminal mischief.
 2655         31. Chapter 810, relating to burglary and trespass.
 2656         32. Chapter 812, relating to theft, robbery, and related
 2657  crimes.
 2658         33. Chapter 815, relating to computer-related crimes.
 2659         34. Chapter 817, relating to fraudulent practices, false
 2660  pretenses, fraud generally, and credit card crimes.
 2661         35. Chapter 825, relating to abuse, neglect, or
 2662  exploitation of an elderly person or disabled adult.
 2663         36. Section 827.071, relating to commercial sexual
 2664  exploitation of children.
 2665         37. Chapter 831, relating to forgery and counterfeiting.
 2666         38. Chapter 832, relating to issuance of worthless checks
 2667  and drafts.
 2668         39. Section 836.05, relating to extortion.
 2669         40. Chapter 837, relating to perjury.
 2670         41. Chapter 838, relating to bribery and misuse of public
 2671  office.
 2672         42. Chapter 843, relating to obstruction of justice.
 2673         43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
 2674  s. 847.07, relating to obscene literature and profanity.
 2675         44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2676  849.25, relating to gambling.
 2677         45. Chapter 874, relating to criminal gangs.
 2678         46. Chapter 893, relating to drug abuse prevention and
 2679  control.
 2680         47. Chapter 896, relating to offenses related to financial
 2681  transactions.
 2682         48. Sections 914.22 and 914.23, relating to tampering with
 2683  or harassing a witness, victim, or informant, and retaliation
 2684  against a witness, victim, or informant.
 2685         49. Sections 918.12 and 918.13, relating to tampering with
 2686  jurors and evidence.
 2687         50.Provisions of law relating to electronic gaming and
 2688  electronic gaming machines or historical racing systems at
 2689  eligible pari-mutuel facilities.
 2690         (b) Any conduct defined as “racketeering activity” under 18
 2691  U.S.C. s. 1961(1).
 2692         (2) “Unlawful debt” means any money or other thing of value
 2693  constituting principal or interest of a debt that is legally
 2694  unenforceable in this state in whole or in part because the debt
 2695  was incurred or contracted:
 2696         (a) In violation of any one of the following provisions of
 2697  law:
 2698         1. Section 550.235 or, s. 550.3551, or s. 550.3605,
 2699  relating to dogracing and horseracing.
 2700         2. Chapter 550, relating to jai alai frontons.
 2701         3. Section 551.109, relating to slot machine gaming.
 2702         4. Chapter 687, relating to interest and usury.
 2703         5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
 2704  849.25, relating to gambling.
 2705         6.Provisions of law relating to electronic gaming and
 2706  electronic gaming machines or historical racing systems at
 2707  eligible pari-mutuel facilities.
 2708         (b) In gambling activity in violation of federal law or in
 2709  the business of lending money at a rate usurious under state or
 2710  federal law.
 2711         Section 51. (1)(a)For the 2009-2010 fiscal year, 51 full
 2712  time equivalent positions and 2,150,146 in associated salary
 2713  rate are authorized, and the sums of $2,269,319 in recurring
 2714  funds and $893,689 in nonrecurring funds are appropriated from
 2715  the Pari-mutuel Wagering Trust Fund of the Department of
 2716  Business and Professional Regulation for the purpose of carrying
 2717  out all regulatory activities provided in this act. The
 2718  Executive Office of the Governor shall place these positions,
 2719  associated rate, and funds in reserve until the Executive Office
 2720  of the Governor has approved an expenditure plan and a budget
 2721  amendment submitted by the Department of Business and
 2722  Professional Regulation recommending the transfer of such funds
 2723  to traditional appropriation categories. Any action proposed
 2724  pursuant to this paragraph is subject to the procedures set
 2725  forth in s. 216.177, Florida Statutes.
 2726         (b)For the 2009-2010 fiscal year, the sum of $2,777,606 in
 2727  recurring funds is appropriated from the Pari-mutuel Wagering
 2728  Trust Fund of the Department of Business and Professional
 2729  Regulation for transfer to the Operating Trust Fund of the
 2730  Department of Law Enforcement for the purpose of investigations,
 2731  intelligence gathering, background investigations, and any other
 2732  responsibilities as provided in this act.
 2733         (2)For the 2009-2010 fiscal year, 39 full-time equivalent
 2734  positions and 1,700,939 in associated salary rate are
 2735  authorized, and the sum of $2,777,606 in recurring funds is
 2736  appropriated from the Operating Trust Fund of the Department of
 2737  Law Enforcement for the purpose of investigations, intelligence
 2738  gathering, background investigations, and any other
 2739  responsibilities as provided by this act. The Executive Office
 2740  of the Governor shall place these positions, associated rate,
 2741  and funds in reserve until the Executive Office of the Governor
 2742  has approved an expenditure plan and a budget amendment
 2743  submitted by the Department of Law Enforcement recommending the
 2744  transfer of such funds to traditional appropriation categories.
 2745  Any action proposed pursuant to this subsection is subject to
 2746  the procedures set forth in s. 216.177, Florida Statutes.
 2747         (3)For the 2009-2010 fiscal year, the sum of $1 million in
 2748  recurring funds is appropriated from the Pari-mutuel Wagering
 2749  Trust Fund of the Department of Business and Professional
 2750  Regulation from revenues received pursuant to s. 551.118,
 2751  Florida Statutes, for contract services related to the
 2752  prevention of compulsive and addictive gambling.
 2753         Section 52. Sections 1 and 52 of this act shall take effect
 2754  upon becoming a law if SB 788 or substantially similar
 2755  legislation is adopted during the 2009 legislative session, or
 2756  an extension thereof, and becomes law; except that, sections 2
 2757  through 51 of this act shall take effect only if the Governor
 2758  and an authorized representative of the Seminole Tribe of
 2759  Florida execute an Indian gaming compact pursuant to the Indian
 2760  Gaming Regulatory Act of 1988 and the requirements of SB 788, or
 2761  similar legislation, and only if such compact is approved or
 2762  deemed approved by the United States Department of the Interior,
 2763  and such sections shall take effect on the date that the
 2764  approved compact is published in the Federal Register.
 2765  
 2766  
 2767  ================= T I T L E  A M E N D M E N T ================
 2768         And the title is amended as follows:
 2769         Delete everything before the enacting clause
 2770  and insert:
 2771         An act relating to gaming; providing legislative findings
 2772  and intent; authorizing electronic gaming machines in certain
 2773  pari-mutuel facilities; defining terms; providing powers and
 2774  duties of the Division of Pari-mutuel Wagering of the Department
 2775  of Business and Professional Regulation and the Department of
 2776  Law Enforcement; authorizing the Division of Pari-mutuel
 2777  Wagering to adopt rules regulating electronic gaming activities;
 2778  authorizing the Division of Pari-mutuel Wagering and the
 2779  Department of Law Enforcement to conduct investigations relating
 2780  to electronic gaming; authorizing the Division of Pari-mutuel
 2781  Wagering to issue licenses for electronic gaming; specifying
 2782  qualifications of licensees; requiring licensees to provide
 2783  advance notice of certain ownership changes to the Division of
 2784  Pari-mutuel Wagering; specifying requirements for a licensee’s
 2785  facilities-based computer system; requiring electronic gaming
 2786  machines to maintain a payout percentage of at least 85 percent;
 2787  requiring licensees to maintain records; requiring licensees to
 2788  make and file certain reports with the Division of Pari-mutuel
 2789  Wagering; requiring an applicant for an electronic gaming
 2790  license to have certain agreements for live races or games;
 2791  providing for arbitration of such agreements; authorizing the
 2792  Division of Pari-mutuel Wagering to issue temporary occupational
 2793  licenses; providing for the renewal of electronic gaming machine
 2794  licenses; specifying a nonrefundable licensing fee for
 2795  electronic gaming licenses; specifying the rate of tax on
 2796  electronic gaming machine revenues; providing for penalties for
 2797  failure to pay the taxes; requiring electronic gaming machine
 2798  licensees and certain persons having access to gaming areas to
 2799  submit fingerprints in connection with certain occupational
 2800  licenses; specifying grounds for the Division of Pari-mutuel
 2801  Wagering to take action against applicants for and licensees
 2802  having certain occupational licenses; authorizing the Division
 2803  of Pari-mutuel Wagering to impose fines for violations of laws
 2804  relating to electronic gaming; prohibiting regulators, certain
 2805  businesses, licensees, and employees from having certain
 2806  relationships with each other; subjecting a person who makes
 2807  certain false statements to fines; subjecting a person to fines
 2808  for possessing electronic games without a license; imposing
 2809  criminal penalties for attempting to manipulate electronic
 2810  gaming machines or theft relating to electronic gaming;
 2811  authorizing warrantless arrests by law enforcement officers
 2812  under certain circumstances; providing immunity to law
 2813  enforcement officers who make such arrests; imposing criminal
 2814  penalties for resisting arrest or detention; prohibiting
 2815  electronic gaming machines from entering this state; authorizing
 2816  the Division of Pari-mutuel Wagering to exclude certain
 2817  individuals from the facility of an electronic gaming machine
 2818  licensee; prohibiting persons who are younger than 18 years of
 2819  age from playing an electronic gaming machine; specifying a
 2820  limit on the number of electronic gaming machines in a facility;
 2821  requiring an electronic gaming machine licensee to provide
 2822  office space to the Division of Pari-mutuel Wagering and to the
 2823  Department of Law Enforcement free of charge; limiting the hours
 2824  that an electronic gaming machine facility may operate;
 2825  authorizing the Division of Pari-mutuel Wagering to revoke or
 2826  suspend licenses or impose fines for willful violations of laws
 2827  or rules regulating electronic gaming; requiring electronic
 2828  gaming machine licensees to train employees about gambling
 2829  addictions; imposing a regulatory fee for a gambling addiction
 2830  program; entitling electronic gaming machine licensees to a
 2831  caterer’s license; restricting the provision of alcoholic
 2832  beverages, automated teller machines, and check cashing
 2833  activities in gaming machine areas; authorizing the Division of
 2834  Pari-mutuel Wagering to adopt rules; preempting to the state the
 2835  authority to regulate electronic gaming facilities; excepting
 2836  bingo games operated by charitable or nonprofit organizations
 2837  from the provisions of the act; amending s. 215.22, F.S.;
 2838  exempting taxes imposed on electronic gaming and electronic
 2839  gaming machine revenue from specified service charges;
 2840  authorizing the Division of Pari-mutuel Wagering to spend
 2841  certain trust funds; requiring repayment of such funds; amending
 2842  s. 550.002, F.S.; revising a definitions; amending s. 550.01215,
 2843  F.S.; deleting an exception relating to licensing of
 2844  thoroughbred racing; amending s. 550.0951, F.S.; specifying the
 2845  tax on historical racing, the take-out of a pari-mutuel pool, an
 2846  a payment to a purse account; providing for payments to certain
 2847  horse racing associations; specifying the fee for a permitholder
 2848  to conduct historical racing; revising the date on which tax
 2849  payments are due; amending s. 550.09511, F.S.; revising the
 2850  schedule for the payment of jai alai taxes; amending s.
 2851  550.09514, F.S.; revising the schedule for the payment of
 2852  greyhound dog racing taxes; amending s. 550.105, F.S.; providing
 2853  for a 3-year occupational license for certain pari-mutuel
 2854  employees; specifying maximum license fees; providing for the
 2855  additional tax that a municipality may assess for live racing to
 2856  apply to additional specified games; providing procedures for
 2857  criminal history record checks; amending s. 550.135, F.S.;
 2858  providing for the reservation of electronic gaming machine fees
 2859  in a trust fund; amending s. 550.2415, F.S.; providing that
 2860  cruelty to any animal is a violation of ch. 550, F.S.;
 2861  authorizing the Division of Pari-mutuel Wagering to inspect
 2862  areas are located; amending s. 550.26165, F.S.; providing
 2863  legislative intent to attract thoroughbred training and breeding
 2864  to this state; authorizing the Florida Thoroughbred Breeders’
 2865  Association to pay certain awards as part of its pay plan;
 2866  amending s. 550.2625, F.S.; limiting the application of
 2867  requirements for minimum purses and awards to this state;
 2868  amending s. 550.334, F.S.; deleting a provision for issuing a
 2869  permit to conduct quarter horse race meetings; deleting a
 2870  provision for issuing a license to conduct quarter horse racing;
 2871  deleting provisions to revoke such permit or license for certain
 2872  violations or failure to conduct live racing; removing an
 2873  exception to specified permit application provisions; revising
 2874  the authority of a quarter horse racing permitholder to
 2875  substitute horse breeds; deleting a requirement for a quarter
 2876  horse permitholder to have the consent of certain other
 2877  permitholders within a certain distance to engage in intertrack
 2878  wagering; amending s. 550.3355, F.S.; revising the time period
 2879  for a harness track summer season; repealing s. 550.3605, F.S.,
 2880  relating to the use of electronic transmitting equipment on the
 2881  premises of a horse or dog racetrack or jai alai fronton;
 2882  amending s. 550.5251, F.S.; deleting provisions relating to
 2883  racing days and dates for thoroughbred permitholders that
 2884  conducted races between certain dates; revising provisions
 2885  relating to thoroughbred racing dates and minimum number of
 2886  races; creating s. 550.810, F.S.; specifying requirements for
 2887  historical racing systems; limiting the number of historical
 2888  terminals in certain pari-mutuel facilities; authorizing the
 2889  Division of Pari-mutuel wagering to adopt rules regulating
 2890  historical racing; providing for the disposition of pari-mutuel
 2891  tickets that are not redeemed within a certain period of time;
 2892  amending s. 551.102, F.S.; clarifying the definition of the term
 2893  “progressive system”; amending s. 551.104, F.S.; providing that
 2894  the payout percentage of a slot machine facility must be at
 2895  least 85 percent; specifying the licensing fee for slot machine
 2896  gaming; specifying the rate of tax on slot machine revenues;
 2897  revising the due date for slot machine taxes; amending s.
 2898  551.113, F.S.; prohibiting a person who is younger than 18 years
 2899  of age from playing a slot machine; amending s. 551.121, F.S.;
 2900  authorizing a progressive system to be used in conjunction with
 2901  slot machines between licensed facilities; amending s. 772.102,
 2902  F.S.; revising the definition of “criminal activity”; conforming
 2903  cross-references; amending s. 849.161, F.S.; providing that ch.
 2904  849, F.S., does not apply to certain mechanical historical
 2905  racing systems; amending s. 849.086, F.S.; requiring an
 2906  applicant for a cardroom licensed to have run a full schedule of
 2907  live races; specifying maximum license fees for occupational
 2908  licenses for cardroom employees and cardroom businesses;
 2909  limiting the hours of cardroom operations; revising the maximum
 2910  bet and entry fee for tournaments; expanding the authorization
 2911  for cardroom activities contingent upon a compact with the
 2912  Seminole Tribe of Florida; amending s. 849.15, F.S.; authorizing
 2913  the possession of certain gambling devices; amending s. 895.02,
 2914  F.S.; revising the definitions of “racketeering activity” and
 2915  “unlawful debt”; conforming cross-references; providing an
 2916  appropriation and the creation of full-time equivalent
 2917  positions; providing contingent effective dates.
 2918  

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