Florida 2022 Regular Session

Florida House Bill H0405 Latest Draft

Bill / Introduced Version Filed 10/25/2021

                               
 
HB 405  	2022 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to compulsive and addictive gambling 2 
prevention; creating s. 16.7121, F.S.; providing 3 
legislative intent and purpose; providing definitions; 4 
establishing the Compulsive and Addictive Gambling 5 
Prevention Program within the Florida Gaming Control 6 
Commission; requiring the commission to contract for 7 
services relating to the program; providing the duties 8 
of the program; requiring the commission to ensure 9 
gaming facilities participate in the program by taking 10 
certain actions; authorizing the commission to 11 
allocate funding for the program from a specified 12 
source; providing a cap on the amount that the 13 
commission can allocate to the trust fund; providi ng 14 
for rulemaking; amending s. 24.120, F.S.; requiring 15 
the Department of the Lottery to deposit a certain 16 
percentage of specified funds into a certain trust 17 
fund for the purpose of participation in the program; 18 
repealing s. 551.118, F.S., relating to the c ompulsive 19 
or addictive gambling prevention program; amending ss. 20 
550.135 and 551.104, F.S.; conforming to provisions to 21 
changes made by the act; providing an effective date. 22 
 23 
Be It Enacted by the Legislature of the State of Florida: 24 
 25     
 
HB 405  	2022 
 
 
 
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 Section 1.  Section 16.7121, Florida Statutes, is created 26 
to read: 27 
 16.7121  Compulsive and Addictive Gambling Prevention 28 
Program.- 29 
 (1)  The Legislature recognizes the potential for persons 30 
participating in authorized wagering or gambling activities to 31 
develop compulsive and addictive gambling behavior. The purpose 32 
of this section is to recognize and mitigate, to the extent 33 
possible, the adverse impact of compulsive and addictive 34 
gambling behaviors on individuals, families, and communities by 35 
raising awareness of such be havior through a prevention program. 36 
This section is not intended to inhibit, or otherwise obstruct, 37 
medical or behavioral health research regarding the impact of 38 
compulsive or addictive gambling behavior. 39 
 (2)  As used in this section the term: 40 
 (a)  "Commission" means the Florida Gaming Control 41 
Commission. 42 
 (b)  "Compulsive gambling" and "addictive gambling" means 43 
disordered gambling by a person who does not have the ability to 44 
control his or her gambling and as a result experiences 45 
difficulties in his or her life due to such gambling. 46 
 (c)  "Employee training program" means training and 47 
materials provided to the employees of pari -mutuel, cardroom, 48 
casino, and other such gaming venue facilities that: 49 
 1.  Identifies the characteristics and signs of compuls ive 50     
 
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gambling behavior. 51 
 2.  Offers techniques to be used when a compulsive gambling 52 
problem is identified or suspected. 53 
 3.  Includes information on available self -exclusion 54 
programs. 55 
 4.  Includes information on how to access problem gambling 56 
support and available resources. 57 
 (3)  The Compulsive and Addictive Gambling Prevention 58 
Program is established within the Florida Gaming Control 59 
Commission. The commission shall contract, subject to 60 
competitive bidding, for the provision of services to operate, 61 
manage, and administer the program. The program shall: 62 
 (a)  Serve as a single source provider of information 63 
relating to compulsive or addictive gambling, including 64 
referrals to services for persons seeking professional help for 65 
such behavior.  66 
 (b)  Provide support to persons in need of assistance due 67 
to compulsive or addictive gambling. 68 
 (c)  Maintain a statewide advertising program that promotes 69 
and encourages responsible gambling. 70 
 (d)  Maintain a statewide advertising program that promotes 71 
and publicizes the confidential and multi -lingual, toll-free 72 
(888)-ADMIT-IT helpline to provide information and referral 73 
services regarding compulsive or problem gambling. 74 
 (e)  Develop and conduct employee training programs. 75     
 
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 (f)  Report annually on the services provide d, including 76 
the number of calls and online contacts received, the number of 77 
employee training programs administered for each facility, and 78 
the number and type of advertising methods used to publicize the 79 
program. 80 
 (4)  The commission shall ensure that eac h pari-mutuel, 81 
cardroom, casino, or other such gambling venue facility  82 
participates in the Compulsive and Addictive Gambling Prevention 83 
Program. Each facility must: 84 
 (a)  Create and file with the commission a written policy 85 
for verifying that all employee s receive the training program 86 
specified in paragraph (3)(e). 87 
 (b)  Display adequate signage, developed under paragraphs 88 
(3)(c) and (d), in a font size that is visually conspicuous in 89 
all public access areas of the facility. 90 
 (c)  Promote the same toll -free telephone number used by 91 
the advertising program under paragraph (3)(d) on all print, 92 
billboard, sign, online, or broadcast advertisements of any 93 
wagering activities, including wagering activities offered 94 
online or via mobile or other electronic devices. 95 
 (d)  Offer a self-exclusion program which allows a person 96 
to voluntarily agree to be barred from the facility, or any 97 
affiliated platforms or properties, and from all types of 98 
gambling offered. 99 
 1.  The commission shall ensure that the self -exclusion 100     
 
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program is uniform for all gambling operators. 101 
 2.  The self-exclusion program must include options for: 102 
 a.  An exclusion period of 2 years. 103 
 b.  An exclusion period of 5 years. 104 
 c.  A lifetime exclusion with an option to apply for 105 
reentry after a 2 or 5 yea r period. 106 
 (5)  Each year, the commission shall allocate up to .3 107 
percent of all funds collected annually in the Pari -mutuel 108 
Wagering Trust Fund to fund the Compulsive and Addictive 109 
Gambling Prevention Program. 110 
 (6)  The commission may adopt rules to imple ment this 111 
section. 112 
 Section 2.  Subsection (7) is added to section 24.120, 113 
Florida Statutes, to read: 114 
 24.120  Financial matters; Operating Trust Fund; 115 
interagency cooperation. — 116 
 (7)  Each fiscal year, the department shall deposit .3 117 
percent of gross rev enue from the sale of online and instant 118 
lottery tickets into the Pari -Mutuel Wagering Trust Fund for the 119 
purpose of participating in the Compulsive and Addictive 120 
Gambling Prevention Program established under s. 16.7121. 121 
 Section 3.  Section 551.118, Flo rida Statutes, is repealed. 122 
 Section 4.  Subsection (3) of section 550.135, Florida 123 
Statutes, is amended to read: 124 
 550.135  Division of moneys derived under this law. —All 125     
 
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moneys that are deposited with the Chief Financial Officer to 126 
the credit of the Par i-mutuel Wagering Trust Fund shall be 127 
distributed as follows: 128 
 (3)  The slot machine license fee and, the slot machine 129 
occupational license fee , and the compulsive or addictive 130 
gambling prevention program fee collected pursuant to ss. 131 
551.106 and, 551.107(2)(a)1., and 551.118 shall be used to fund 132 
the direct and indirect operating expenses of the division's 133 
slot machine regulation operations and to provide funding for 134 
relevant enforcement activities in accordance with authorized 135 
appropriations. Funds deposi ted into the Pari-mutuel Wagering 136 
Trust Fund pursuant to ss. 551.106 and, 551.107(2)(a)1., and 137 
551.118 shall be reserved in the trust fund for slot machine 138 
regulation operations. On June 30, any unappropriated funds in 139 
excess of those necessary for incurred obligations and 140 
subsequent year cash flow for slot machine regulation operations 141 
shall be deposited with the Chief Financial Officer to the 142 
credit of the General Revenue Fund. 143 
 Section 5.  Paragraph (i) of subsection (4) of section 144 
551.104, Florida Statutes, is amended to read: 145 
 551.104  License to conduct slot machine gaming. — 146 
 (4)  As a condition of licensure and to maintain continued 147 
authority for the conduct of slot machine gaming, the slot 148 
machine licensee shall: 149 
 (i)  Create and file with the division a written policy 150     
 
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for: 151 
 1.  Creating opportunities to purchase from vendors in this 152 
state, including minority vendors. 153 
 2.  Creating opportunities for employment of residents of 154 
this state, including minority residents. 155 
 3.  Ensuring opportunities for construction services from 156 
minority contractors. 157 
 4.  Ensuring that opportunities for employmen t are offered 158 
on an equal, nondiscriminatory basis. 159 
 5.  Training for employees on responsible gambling gaming 160 
and working with the a Compulsive or Addictive Gambling 161 
Prevention Program to further its purposes as provided for in s. 162 
16.7121 s. 551.118. 163 
 6.  The implementation of a drug -testing program that 164 
includes, but is not limited to, requiring each employee to sign 165 
an agreement that he or she understands that the slot machine 166 
facility is a drug-free workplace. 167 
 168 
The slot machine licensee shall use the In ternet-based job-169 
listing system of the Department of Economic Opportunity in 170 
advertising employment opportunities. Beginning in June 2007, 171 
Each slot machine licensee shall provide an annual report to the 172 
division containing information indicating complianc e with this 173 
paragraph in regard to minority persons. 174 
 Section 6.  This act shall take effect July 1, 2022. 175