Florida Senate - 2021                                    SB 14-A
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00008-21A                                            202114A__
    1                        A bill to be entitled                      
    2         An act relating to fees; amending s. 849.089, F.S.;
    3         revising the definition of the term “net proceeds”;
    4         revising the Division of Pari-mutuel Wagering’s
    5         authorizations relating to bingo games and instant
    6         bingo to include authorizations relating to fees;
    7         establishing an annual fee for a bingo license;
    8         setting limits on the amount that may be charged for
    9         bingo employee occupational license fees and bingo
   10         business occupational license fees; requiring such
   11         fees to be deposited into the Pari-mutuel Wagering
   12         Trust Fund; providing a contingent effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (l) of subsection (2), paragraph (a)
   17  of subsection (4), and subsections (5) and (6) of section
   18  849.089, Florida Statutes, as created by SB 10A, are amended,
   19  and paragraph (f) is added to subsection (4) of that section, to
   20  read:
   21         849.089  Bingo games and instant bingo authorized in
   22  licensed pari-mutuel facilities.—
   23         (2) DEFINITIONS.—As used in this section, the term:
   24         (l) “Net proceeds” means the total amount of gross receipts
   25  received by a bingo operator from conducting bingo games and
   26  instant bingo less direct operating expenses related to
   27  conducting such games, including labor costs, annual bingo
   28  license fees imposed by this section, contributions to nonprofit
   29  organizations pursuant to paragraph (11)(a), and reasonable
   30  promotional costs, but excluding officer and director
   31  compensation, interest on capital debt, legal fees, real estate
   32  taxes, bad debts, contributions or donations, or overhead and
   33  depreciation expenses not directly related to conducting bingo
   34  games or instant bingo.
   35         (4) AUTHORITY OF DIVISION.—The division shall administer
   36  this section and regulate the conduct of bingo games and instant
   37  bingo under this section and the rules adopted pursuant thereto.
   38  The division may:
   39         (a) Adopt rules to administer this act, including, but not
   40  limited to, the issuance of bingo and employee licenses for
   41  bingo activities, the conduct of bingo games and instant bingo,
   42  recordkeeping and reporting requirements, and required
   43  contributions from bingo proceeds to nonprofit organizations,
   44  and the collection of all fees imposed by this section. Such
   45  rules may not conflict with, and must be applied, construed, and
   46  interpreted in a manner consistent with, a gaming compact
   47  ratified, approved, and described in s. 285.710(3).
   48         (f) Monitor and ensure the proper collection of fees
   49  imposed by this section.
   50         (5) LICENSE REQUIRED; APPLICATION; FEES.— A person may not
   51  conduct bingo games or instant bingo at a pari-mutuel facility
   52  in this state unless such person holds a valid bingo license
   53  issued pursuant to this section.
   54         (a) Only persons holding a valid bingo license issued by
   55  the division may conduct bingo games or instant bingo on the
   56  bingo operator’s licensed premises. A bingo license may only be
   57  issued to a licensed pari-mutuel permitholder, and bingo games
   58  and instant bingo may only be conducted at the same licensed
   59  premises at which the permitholder is authorized under its valid
   60  pari-mutuel wagering permit to conduct pari-mutuel wagering
   61  activities.
   62         (b) After the initial bingo license is granted, the
   63  application for the annual license renewal must be made in
   64  conjunction with the applicant’s annual application for its
   65  pari-mutuel license. If a permitholder has conducted bingo games
   66  or instant bingo during any of the 3 previous fiscal years and
   67  fails to include a renewal request for bingo games or instant
   68  bingo in its annual application for license renewal, the
   69  permitholder may amend its annual application to include bingo
   70  games or instant bingo.
   71         (c) Persons seeking a license or license renewal to conduct
   72  bingo games or instant bingo must apply on forms prescribed by
   73  the division. Applications for bingo licenses must contain all
   74  information the division, by rule, determines is required to
   75  ensure eligibility.
   76         (d) The annual bingo license fee for each facility is $500.
   77  The license fee must be deposited into the division’s Pari
   78  mutuel Wagering Trust Fund.
   79         (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
   80  APPLICATION; FEES.—
   81         (a) A person employed or otherwise working at a pari-mutuel
   82  facility conducting bingo games or instant bingo as a bingo
   83  manager or caller or performing any other activity related to
   84  bingo games or instant bingo while the facility is conducting
   85  bingo games or instant bingo must hold a valid bingo employee
   86  occupational license issued by the division. Food service,
   87  maintenance, and security employees with a current pari-mutuel
   88  occupational license and a current background check are not
   89  required to have a bingo employee occupational license.
   90         (b) A bingo management company must hold a valid bingo
   91  business occupational license issued by the division.
   92         (c) A licensed bingo operator may not employ or allow to
   93  work in a room or area set aside for bingo on the bingo
   94  operator’s licensed premises any person who does not hold a
   95  valid occupational license. A licensed bingo operator may not
   96  contract or otherwise do business with a business required to
   97  hold a valid bingo business occupational license unless the
   98  business holds such license.
   99         (d) The division shall establish by rule a schedule for the
  100  renewal of bingo occupational licenses. Bingo occupational
  101  licenses are not transferable.
  102         (e) Persons seeking bingo occupational licenses or license
  103  renewals must apply on forms prescribed by the division.
  104  Applications for bingo occupational licenses must contain all
  105  information the division, by rule, determines is required to
  106  ensure eligibility.
  107         (f) The division shall adopt rules relating to bingo
  108  occupational licenses. Section 550.105(4) through (8) and (10)
  109  relating to licensure also applies to bingo occupational
  110  licenses.
  111         (g) The division may deny, declare ineligible for, or
  112  revoke any bingo occupational license if the applicant or holder
  113  thereof has been found guilty or had adjudication withheld in
  114  this state or any other state or under the laws of the United
  115  States of a felony or misdemeanor involving forgery, larceny,
  116  extortion, conspiracy to defraud, or filing false reports to a
  117  government agency or a racing or gaming commission or authority.
  118         (h) Fingerprints for all bingo occupational license
  119  applications shall be taken in a manner approved by the division
  120  and shall be submitted to the Department of Law Enforcement and
  121  the Federal Bureau of Investigation for a criminal records check
  122  upon initial application and at least every 5 years thereafter.
  123  The division may require by rule an annual record check of all
  124  renewal applications for a bingo occupational license. The cost
  125  of processing fingerprints and conducting a record check shall
  126  be borne by the applicant.
  127         (i) The bingo employee occupational license fee may not
  128  exceed $50 for any 12-month period. The bingo business
  129  occupational license fee may not exceed $250 for any 12-month
  130  period. Such license fees must be deposited into the division’s
  131  Pari-mutuel Wagering Trust Fund.
  132         Section 2. This act shall take effect on the same date that
  133  SB 10A or similar legislation takes effect, if such legislation
  134  is adopted in the same legislative session or an extension
  135  thereof and becomes a law.