LEGISLATIVE COMMITTEES
Florida Senate – Committee on Regulated Industries
Florida House – Economic Affairs Committee
Florida House – Business & Consumer Affairs Subcommittee
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Pennington, Moore, Wilkinson, Bell & Dunbar P.A.
Legislation
BILLS FILED FOR THE 2012 LEGISLATIVE SESSION
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HB-3 Relating to Prohibition of Simulated Gambling Devices
Summary: Creates “Simulated Gambling Prohibition & Community Protection Act”; provides legislative findings & intent; prohibits use of simulated gambling devices to conduct or promote game promotions, drawings, & games of chance.
Recent Action: Referred to Business and Consumer Affairs Subcommittee, Economic Affairs Committee; Now in Business and Consumer Affairs Subcommittee.
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SB-382 Relating to Greyhound Racing
Summary: Prohibiting a minimum requirement of live performances for greyhound permitholders; revising the requirements for an application for a license to conduct performances; extending the period of time allowed to amend certain applications; removing a requirement for holders of certain converted permits to conduct a full schedule of live racing to qualify for certain tax credits; revising provisions relating to a transfer by a permitholder of a tax exemption or license fee credit to a greyhound permitholder; revising provisions relating to the tax on handle for dogracing and intertrack wagering; revising a condition of licensure for the conduct of slot machine gaming; revising the requirements for initial and renewal issuance of a cardroom license to a greyhound permitholder; providing that a corresponding pari-mutuel license application or a minimum number of live performances is not required for a greyhound permitholder to maintain or renew a cardroom license; providing that the act does not authorize certain gambling activity, etc.
Recent Action: Referred to Regulated Industries.
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Summary: Creates State Gaming Commission & Department of Gaming Control to oversee pari-mutuel wagering, slot machines, & gaming; deletes Division of Pari-mutuel Wagering within Department of Business and Professional Regulation to conform; redesignates ch. 551, F.S., relating to slot machines, as pt. II of that chapter; creates pts. I & III of ch. 551, F.S., relating to State Gaming Commission & destination resorts, respectively; revises provisions in chs. 550 & 849, F.S., relating to pari-mutuel wagering & gambling, respectively, to conform; conforms other provisions of law.
Recent Action: Referred to Business and Consumer Affairs Subcommittee; Finance and Tax Committee; Economic Affairs Committee; Now in Business and Consumer Affairs Subcommittee.
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HB-563 Relating to Thoroughbred Horse Breeders’ Cup Meets
Summary: Provides for creation of special thoroughbred race meet designated as “Breeders’ Cup Permanent Meet” which shall be conducted annually at facility of Florida horseracing permitholder; authorizes permitholder to receive license to operate slot machines under certain conditions.
Recent Action: Referred to Business and Consumer Affairs Subcommittee; Rulemaking and Regulation Subcommittee; Finance and Tax Committee; Economic Affairs Committee; Now in Business and Consumer Affairs Subcommittee.
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HB-641 Relating to Greyhound Racing
Summary: Provides that greyhound permitholder shall not be required to conduct minimum number of live performances; revises provisions relating to applications, converted permits & tax credits, tax exemptions or license fee credits, greyhound racing purses, intertrack wagering, slot machine gaming licenses & gaming areas, & cardroom licenses.
Recent Action: Referred to Business and Consumer Affairs Subcommittee; Finance and Tax Committee; Economic Affairs Committee; Now in Business and Consumer Affairs Subcommittee.
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HB-703 Relating to Gaming Compact Between the Seminole Tribe of Florida and the State of Florida
Summary: Directs Governor to negotiate & execute amendment to compact for certain purposes; designates Governor as state officer responsible for negotiating & executing amendments to tribal gaming compacts; requires certain amendments to such compacts to be conditioned on ratification by Legislature.
Recent Action: Referred to Business and Consumer Affairs Subcommittee; Finance and Tax Committee; Economic Affairs Committee; Now in Business and Consumer Affairs Subcommittee.
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Summary: Deleting the Division of Pari-mutuel Wagering within the Department of Business and Professional Regulation; establishing the Department of Gaming Control; designating the State Gaming Commission as head of the department; authorizing the department to contract with the Department of Law Enforcement for certain purposes; directing the department to contract with the Department of Revenue for tax collection and financial audit services; providing for the Commission on Ethics to investigate complaints, report to the Governor, and enforce assessed penalties; requiring the Commission on Ethics to provide notice to a person alleged to have participated in an ex parte communication and allow that person to present a defense; providing for applications for a destination resort license; specifying conditions for the conduct of limited gaming by a resort licensee, etc.
Recent Action: Referred to Regulated Industries; Budget; Rules.
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SB-966 Relating to Regulation of Business by DBPR
Summary: Requiring the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation to offer electronic reporting of required information and filing of tax returns; requiring taxpayers outside the state to file a report showing certain information for tobacco products shipped or transported to, or sold by, wholesalers; revising the inspection requirements for certain establishments by the Division of Hotels and Restaurants of the department; providing for the denial, declaration of ineligibility, revocation, or waiver of an occupational license by the Division of Pari-mutuel Wagering of the department if an applicant has been convicted of a felony or misdemeanor, etc.
Recent Action: Referred to Regulated Industries; Budget.
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SB-1016 Relating to Thoroughbred Horse Breeders’ Cup Meets
Summary: Providing for the creation of a special thoroughbred race meet designated as the “Breeders’ Cup Permanent Meet” which shall be conducted annually at the facility of a Florida horseracing permitholder; prohibiting races at certain thoroughbred facilities during the meet; providing a tax credit as compensation for race days lost due to the prohibition; providing that the permitholder conducting the Breeders’ Cup Permanent Meet is exempt from paying taxes on the handle for Breeders’ Cup races under the permit; providing the permitholder with certain tax credits to be used for certain purposes; authorizing the permitholder to receive a license to operate slot machines at the facility identified in the Breeders’ Cup Permit under certain conditions, etc.
Recent Action: Referred to Regulated Industries; Budget, Rules.
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HB-1025 Relating to Regulation of Business by DBPR
Summary: Requires Division of Alcoholic Beverages and Tobacco to offer electronic reporting of required information & filing of tax returns; requires taxpayers outside state to file report showing certain information for tobacco products shipped or transported to, or sold by, wholesalers; revises inspection requirements for certain establishments by Division of Hotels and Restaurants; provides for denial, declaration of ineligibility, revocation, or waiver of occupational license by Division of Pari-mutuel Wagering if applicant has been convicted of felony or misdemeanor; requires department to offer electronic reporting of required information & filing of tax returns under Beverage Law; allows department to waive electronic filing of tax returns under certain conditions; prohibits making, or offering to make, false statement in writing & relating to certain credentials of application for license, certificate, or registration with department; provides levels of offense of falsifying credentials for licensure; provides for fines & penalties; provides for aggregating consideration paid to person who commits offense, for purposes of sentencing; authorizes department to recover costs; provides for forfeiture of certain moneys or objects of value to department; specifies use by department of forfeited moneys & objects of value.
Recent Action: Filed December 13, 2011.
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HB-1169 Relating to Pari-Mutuels
Summary: Revises performance requirements for full schedule of live racing or games; deletes provisions related to voiding & reissue of thoroughbred & harness horse permits; specifies full schedule of live racing for not-for-profit thoroughbred permitholder; removes certain time restrictions for permits or licenses for thoroughbred & harness racing; revises provisions for licensure for limited intertrack wagering at sales facility; revises provisions for renewal of cardroom license; provides for conversion of quarter horse permit to thoroughbred permit & reissuance of quarter horse permit.
Recent Action: Filed December 30, 2011.
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SB-1376 Relating to Pari-Mutuel Wagering
Summary: Repealing provisions relating to the conversion of a pari-mutuel permit to a summer jai alai permit; deleting provisions authorizing the relocation of a converted limited thoroughbred permit; providing that a facility may become eligible for slot machine gaming only after a specifically authorized referendum has been conducted; providing that slot machine licenses may be issued only to certain pari-mutuel permitholders; prohibiting the transfer of a slot machine license; authorizing the Division of Pari-mutuel Wagering to approve an application for a license to conduct slot machine gaming for a facility located in a county operating under a home rule charter, etc.
Recent Action: Filed December 27, 2011.
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SB-1420 Relating to Pari-Mutuels
Summary: Redefines the term “full schedule of live racing or games” to increase the minimum number of performances required during certain weeks at a permitholder’s facility under a single admission charge; repeals provision relating to the conversion of a pari-mutuel permit to a summer jai alai permit; specifies a full schedule of live racing for a not-for-profit thoroughbred permitholder; removes certain time restrictions for permits or licenses for harness racing following a transfer of location; removes certain time restrictions for permits or licenses for thoroughbred racing, etc.
Recent Action: Filed January 4, 2012.
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HB-4173 Relating to Pari-Mutuel Permits
Summary: Repeals provisions relating to conversion of pari-mutuel permit to summer jai alai permit.
Recent Action: Filed December 21, 2011.
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Summary: Provides for bingo games to be offered in cardrooms.
Recent Action: Referred to Business & Consumer Affairs Subcommittee; Government Operations Appropriations Subcommittee; Economic Affairs Committee; Now in Business & Consumer Affairs Subcommittee.
SB-430 Relating to Streamlined Sales and Use Tax Agreement
Summary: Specifying certain facilities that are exempt from the transient rentals tax; providing that an exception relating to food and drink concessionaire services from the tax on the license or rental fee for the use of real property is limited to the space used exclusively for selling and distributing food and drinks; limiting the $5,000 cap on discretionary sales surtax to the sale of motor vehicles, aircraft, boats, motor homes, manufactured homes, modular homes, and mobile homes; authorizing the Department of Revenue to use electronic means to notify dealers of changes in the sales and use tax rates; revising exemptions from the sales and use tax for food and medical products; providing for the registration of sellers, the certification of a person as a certified service provider, and the certification of a software program as a certified automated system by the governing board under the Streamlined Sales and Use Tax Agreement, etc.
Recent Action: Referred to Commerce and Tourism; Budget.
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HB-883 Relating to Slot Machines and Slot Machine Components
Summary: Requires Division of Pari-mutuel Wagering within DBPR to adopt rules regulating slot machines & providing specifications for internal components of slot machines; requires that division adopt specifications & procedures to ensure random probabilities of winning plays & provide for operation of random-number generators; prohibits slot machine’s random-number generator from serving more than one station or terminal; provides for progressive jackpot payouts.
Recent Action: Filed December 5, 2011.
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SB-986 Relating to Slot Machines and Slot Machine Components
Summary: Requiring the Division of Pari-mutuel Wagering within the Department of Business and Professional Regulation to adopt rules regulating slot machines and providing specifications for the internal components of slot machines; requiring that the division adopt specifications and procedures to ensure random probabilities of winning plays and provide for the operation of random-number generators; deleting obsolete provisions; clarifying duties of a slot machine licensee to conform to changes made by the act; prohibiting a slot machine’s random-number generator from serving more than one station or terminal where an individual player places his or her wagers; providing for progressive jackpot payouts except in conjunction with slot machines between other licensed facilities, etc.
Recent Action: Referred to Regulated Industries; Budget; Rules..
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HB-35 Relating to Allocation and Expenditure of State Lottery Revenues
Summary: Requires portion of Powerball net revenues to be allocated to voluntary prekindergarten education programs; provides for use of funds.
Recent Action: Referred to PreK-12 Appropriations Subcommittee; Education Committee; Appropriations Committee; Now in PreK-12 Appropriations Subcommittee.
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HB-239 Relating to State Lotteries
Summary: Provides for special instant scratch-off lottery game titled Ticket for the Cure; authorizes Department of the Lottery to adopt rules; provides for revenues to be equitably apportioned to certain state universities to be used to fund breast cancer research & services for certain breast cancer victims.
Recent Action: Referred to Government Operations Subcommittee; Rulemaking and Regulation Subcommittee; Government Operations Appropriations Subcommittee; State Affairs Committee; Now in Government Operations Subcommittee.
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SB-328 Relating to State Lotteries
Summary: Providing for a special instant scratch-off lottery game titled Ticket for the Cure; providing for revenues to be used for the purpose of funding breast cancer research and services for certain breast cancer victims; providing restrictions for the use of funds; defining the terms “net revenue” and “research”; authorizing the Department of the Lottery to adopt rules; providing for revenues to be equitably apportioned to certain state universities to be used for the purpose of funding breast cancer research and services for certain breast cancer victims, etc.
Recent Action: Referred to Regulated Industries; Health Regulation; Budget.
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HB-705 Relating to Educational Enhancement
Summary: Creates Educational Excellence Endowment Fund within Statewide Florida College System institution direct-support organization & Juvenile Justice Education & Training Endowment Fund within direct-support organization for DJJ; requires that direct-support organizations deposit revenues from gaming taxes & fees & other grants, gifts, & bequests into endowment funds; requires DOE to transfer specified percentage of lottery funds to direct-support organizations for funding endowment funds; provides for transfer of certain gaming, slot machine, & cardroom revenues to direct-support organizations for funding endowment funds.
Recent Action: Referred to K-20 Innovation Subcommittee; Criminal Justice Subcommittee; Appropriations Committee; Education Committee; Now in K-20 Innovation Subcommittee.
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HB-843 Relating to State Lottery
Summary: Deletes provision relating to player-activated vending machines; revises requirement that Department of Lottery lease certain vending machines; allows vending machines to dispense lottery tickets if certain requirements are met.
Recent Action: Filed December 1, 2011.
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SB-902 Relating to Department of the Lottery
Summary: Deleting provisions authorizing the use of player-activated machines that dispense instant lottery game tickets; requiring the department to lease vending machines that dispense online lottery tickets or instant lottery tickets; authorizing the use of vending machines to dispense online lottery tickets or instant lottery tickets; specifying requirements for the vending machines; specifying requirements for retailers that use the vending machines, etc.
Recent Action: Referred to Regulated Industries; Budget.
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SB-1450 Relating to Allocation and Expenditure of State Lottery Revenue
Summary: Requiring that certain unencumbered funds of the Educational Enhancement Trust Fund be allocated to voluntary prekindergarten education programs; providing for the use of funds, etc.
Recent Action: Filed January 4, 2012.
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SB-380 Relating to Game Promotion
Summary: Requiring a game promotion operator who provides electronic devices that reveal or display the results of a game promotion that offers certain prize amounts to file certain information with the Department of Agriculture and Consumer Services; prohibiting the department from accepting filings from certain persons against whom there is a criminal or civil adjudication or unsatisfied civil judgment for certain violations; requiring financial institution officials to provide the department with the account number of trust accounts of game promotion operators who offer prizes greater than a certain amount; requiring a game promotion operator to provide certain certifications regarding game promotion software and remit to the department annual fees for each electronic device or computer terminal; requiring the department to remit the fees to the Department of Revenue for deposit into the General Revenue Fund; prohibiting the use of mechanical or electromechanical reels in connection with a game promotion, etc.
Recent Action: Referred to Regulated Industries; Commerce and Tourism; Budget.
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SB-428 Relating to Prohibition of Simulated Gambling Devices
Summary: Creating the “Simulated Gambling Prohibition and Community Protection Act”; prohibiting the use of simulated gambling devices to conduct or promote game promotions, drawings, and games of chance; providing penalties; providing for construction; revising conditions for exceptions to prohibitions on lotteries; prohibiting the use of simulated gambling devices or other devices operated by drawing entrants; providing penalties; limiting the rulemaking authority of the Department of Agriculture and Consumer Services; prohibiting production, possession, or distribution of any gambling apparatus, etc.
Recent Action: Referred to Regulated Industries; Rules.
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HB-467 Relating to Game Promotion
Summary: Requires game promotion operator who provides electronic devices that reveal or display results of game promotion that offers certain prize amounts to file certain information with DACS; prohibits department from accepting filings from certain persons against whom there is criminal or civil adjudication or unsatisfied civil judgment for certain violations; requires game promotion operator to provide certain certifications regarding game promotion software & remit to department annual fees for each electronic device or computer terminal; prohibits use of mechanical or electromechanical reels in connection with game promotion.
Recent Action: Referred to Business and Consumer Affairs Subcommittee; Finance and Tax Committee; Agriculture and Natural Resources Appropriations Subcommittee; Economic Affairs Committee; Now in Business and Consumer Affairs Subcommittee.
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SB-468 Relating to Gaming Promotions
Summary: Requiring operators of certain electronic-based game promotions to comply with specified requirements governing game promotions; authorizing local governments to regulate electronic game promotions, etc.
Recent Action: Referred to Regulated Industries; Commerce and Tourism; Budget.
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HB-749 Relating to Consumer Protection
Summary: Renames DOACS’s Division of Consumer Services as new “Division of Consumer Protection” & revises powers & duties; merges Division of Standards into new division; revises requirements for licensure, discipline, & continuing education of land surveyors & mappers; revises licensee application & disciplinary requirements for enforcement of child support orders; authorizes waiver of license fees upon excess trust fund balance; authorizes DOACS to administer oaths, take depositions & issue subpoenas; authorizes waiver of firearms training for private investigators, security officers, & recovery agents; provides for disciplinary action against certain licensees & schools or training facilities; revises notice requirements for health studio contracts; revises application requirements for commercial telephone sellers & telemarketing salespersons; revises registration requirements for antifreeze brands; prohibits certain methods of circumventing petroleum fuel stop-sale orders; authorizes temporary waiver of certain requirements for generators at retail motor fuel outlets used in emergency or major disaster in another state; revises requirements for registration, branding, & enforcement of brake fluid regulations; replaces criminal penalties with noncriminal fines & sanctions; revises notice by pawnshops for change of location; eliminates requirements that social security numbers of independent agents of sellers of business opportunities or sellers of travel be provided to DOACS; repeals provisions establishing Division of Standards.
Recent Action: Referred to Business and Consumer Affairs Subcommittee; Agriculture and Natural Resources Appropriations Subcommittee; Economic Affairs Committee; Now in Business and Consumer Affairs Subcommittee.
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