HB 1415

A bill to be entitled
2An act relating to destination resorts; amending s. 20.21,
3F.S.; creating the Destination Resort Commission within
4the Department of Revenue; amending s. 120.80, F.S.;
5exempting the Destination Resort Commission from specified
6provisions of the Administrative Procedure Act; creating
7the Destination Resort Act; providing definitions;
8providing that the Destination Resort Commission is a
9separate budget entity from the Department of Revenue;
10providing for the appointment and qualifications of
11members of the commission; providing for the selection of
12the chair and vice chair of the commission; providing that
13the chair is the administrative head of the commission;
14specifying the responsibilities of the chair; providing
15that the commission serves as the agency head for purposes
16of the Administrative Procedure Act; providing that the
17executive director of the commission may serve as the
18agency head for purposes of final agency action within the
19authority delegated by the commission; specifying the
20powers of the commission, including the power to authorize
21limited gaming at up to five destination resorts, conduct
22investigations, issue subpoenas, take enforcement actions,
23and create an invitation to negotiate process to evaluate
24applications for a resort license; specifying the
25jurisdiction of the commission, the Department of Law
26Enforcement, and local law enforcement agencies to
27investigate criminal violations relating to limited
28gaming; requiring the commission to revoke or suspend the
29licensee of a person who was unqualified at the time of
30licensure or who is no longer qualified to be licensed;
31authorizing the commission to adopt rules relating to the
32types of gaming authorized, requirements for the issuance,
33renewal, revocation, and suspension of licenses, the
34disclosure of financial interests, procedures to test
35gaming equipment, procedures to verify gaming revenues and
36the collection of taxes, requirements for gaming
37equipment, procedures relating to a facilities-based
38computer system, bond requirements of resort licensees,
39the maintenance of records, procedures to calculate the
40payout percentages of slot machines, security standards,
41the scope and conditions for investigations and
42inspections into the conduct of limited gaming, the
43seizure of gaming equipment and records without notice or
44a warrant, employee drug-testing programs, and the payment
45of costs, fines, and application fees; authorizing the
46commission to adopt emergency rules; exempting the rules
47from specified provisions of the Administrative Procedure
48Act; authorizing the commission to employ law enforcement
49officers; specifying the qualifications and powers of law
50enforcement officers employed by the commission; providing
51for the appointment, qualifications, and powers of the
52executive director of the commission; specifying persons
53who may not be employed by the commission; requiring the
54commission to adopt a code of ethics for its employees,
55members, and agents; specifying prohibited financial
56interests and relationships; imposing postemployment
57restrictions on members, employees, and agents of the
58commission; restricting the political activities of
59members, employees, and agents of the commission;
60prohibiting commissioners, employees, and agents of the
61commission from wagering under certain circumstances;
62requiring members, employees, and agents of the commission
63to annually disclose certain financial interests;
64specifying conditions under which members, employees, and
65agents of the commission must immediately disclose certain
66financial matters, criminal matters, employment
67negotiations, the offering or acceptance of gifts, and the
68offering of a bribe; prohibiting ex parte communications
69between applicants or licensees and members of the
70commission; requiring parties to an ex parte communication
71to disclose the substance of the communication;
72authorizing the imposition of a fine on a member of the
73commission who fails to disclose an ex parte
74communication; authorizing the Commission on Ethics to
75investigate complaints alleging an ex parte communication;
76requiring the Commission on Ethics to provide a report of
77its findings to the Governor if it finds that a
78commissioner violated the prohibitions on ex parte
79communications; authorizing the Commission on Ethics to
80bring an action against a commissioner to collect any
81penalties assessed; prohibiting a person who participated
82in an ex parte communication from appearing or
83representing a person before the commission for a certain
84time; specifying grounds for removal or termination of
85employment of commissioners and employees who violate the
86laws regulating limited gaming; preempting the regulation
87of limited gaming at a destination resort to the state;
88requiring the commission to develop an invitation to
89negotiate process to award a resort license; specifying
90the minimum criteria that an applicant must meet to be
91awarded a destination resort license; specifying events
92that disqualify an applicant from eligibility for a resort
93license; specifying the information that must be on or
94included with an application for a resort license;
95specifying the amount of a nonrefundable application fee
96for a resort license to be used to defray the costs of an
97investigation of the applicant; authorizing the imposition
98of additional fees if the amount of the application fee is
99insufficient to cover the costs of the investigation;
100requiring the payment of a one-time licensing fee to be
101submitted along with an application for a resort license;
102requiring the executive director to notify an applicant
103for a resort license if the application is incomplete;
104authorizing the applicant to have an informal conference
105with the executive director to discuss an incomplete
106application; authorizing the executive director to grant
107an extension to complete an application; providing for the
108stay of the award of a resort license during an extension
109or the appeal to the commission of a finding by the
110executive director that an application is incomplete;
111exempting an institutional investor that is a qualifier
112for a resort licensee from certain application
113requirements under certain circumstances; requiring notice
114to the commission of any changes that may require a person
115to comply with the full application requirements;
116exempting lending institutions and underwriters from
117licensing requirements as a qualifier under certain
118circumstances; specifying conditions for a resort licensee
119to maintain licensure; requiring that the licensee post a
120bond; specifying conditions for the conduct of limited
121gaming by a resort licensee; specifying types of casino
122games that may be offered at a facility based on specified
123conditions; requiring the commission to renew the license
124of a resort licensee if the licensee satisfies specified
125conditions; specifying an annual fee for the renewal of a
126resort license; imposing a tiered gross receipts tax based
127on the amount of a resort licensee's infrastructure costs;
128providing for the deposit of the tax into the Destination
129Resort Trust Fund; providing for certain unappropriated
130funds in the Destination Resort Trust Fund to be deposited
131into the General Revenue Fund, the Tourism Promotional
132Trust Fund, the Employment Security Administration Trust
133Fund, and the Transportation Disadvantaged Trust Fund;
134providing for the proceeds of the gross receipts tax to
135fund the operations of the commission; providing
136procedures for the submission and processing of
137fingerprints of certain persons regulated by the
138commission; providing that the cost of processing the
139fingerprints shall be borne by a licensee or applicant;
140requiring a person to report to the commission certain
141pleas and convictions for disqualifying offenses;
142requiring a resort licensee to train its employees about
143compulsive gambling; requiring a resort licensee to work
144with a compulsive gambling prevention program; requiring
145the commission to contract for services relating to the
146prevention of compulsive gambling; providing for the
147commission's compulsive gambling prevention program to be
148funded from a regulatory fee imposed on resort licensees;
149requiring a person to have a supplier's license to furnish
150certain goods and services to a resort licensee;
151specifying the amount of the application fee for a
152supplier's license; specifying persons who are
153disqualified from receiving a supplier's license;
154specifying circumstances under which the commission may
155revoke a supplier's license; authorizing the commission to
156adopt rules relating to the licensing of suppliers;
157requiring a supplier licensee to furnish a list of gaming
158devices and equipment to the commission, maintain records,
159file quarterly returns, and affix its name to the gaming
160equipment and supplies that it offers; requiring that the
161supplier licensee annually report its inventory to the
162commission; authorizing the commission to revoke a
163supplier's license under certain circumstances; providing
164that the equipment of a supplier's licensee which is used
165in unauthorized gaming will be forfeited to the county
166where the equipment is found; imposing a criminal penalty
167on a person who knowingly makes a false statement on an
168application for a supplier's license; requiring a person
169to have an occupational license to serve as a limited
170gaming employee of a resort licensee; requiring a person
171to apply to the commission for an occupational license and
172pay an application fee; specifying information that an
173applicant must include in an application for an
174occupational license; specifying grounds for the
175commission to deny an application for an occupational
176license; imposing a criminal penalty on a person who
177knowingly makes a false statement on an application for an
178occupational license; authorizing the executive director
179of the commission to issue a temporary occupational or
180temporary supplier's license under certain circumstances;
181requiring the commission to file quarterly reports with
182the Governor, the President of the Senate, and the Speaker
183of the House of Representatives; specifying procedures for
184the conduct of proceedings by the commission; authorizing
185the chair of the commission to assign a proceeding to less
186than the full commission; providing procedures for the
187resolution of certain disputes between a resort licensee
188and a patron; requiring a resort licensee to notify the
189commission of certain disputes with a patron involving
190amounts of $500 or more; requiring a resort licensee to
191notify a patron of the right to file a complaint with the
192commission regarding certain disputes of an amount less
193than $500; authorizing the commission to investigate
194disputes and to order a resort licensee to make a payment
195to a patron; providing for the enforcement of credit
196instruments; authorizing a resort licensee to accept an
197incomplete credit instrument and to complete incomplete
198credit instruments under certain circumstances; providing
199that existence of a mental disorder is not a defense or a
200valid counterclaim in an action to enforce a credit
201instrument; authorizing the commission to adopt rules
202prescribing the conditions under which a credit instrument
203may be presented to a bank; providing that a resort
204licensee has the right to exclude a person from its
205limited gaming facility; authorizing a person to request
206that the commission exclude her or him from limited gaming
207facilities; specifying the required contents of the
208request; providing that a self-excluded person who is
209found on a gaming floor may be arrested and prosecuted for
210criminal trespass; providing that a self-excluded person
211holds harmless the commission and licensees from claims
212for losses and damages under certain circumstances;
213amending s. 849.15, F.S.; authorizing slot machine gaming
214in a resort licensee and the transportation of slot
215machines pursuant to federal law; amending s. 849.231,
216F.S.; providing that a prohibition on gambling devices
217does not apply to limited gaming as authorized in the act;
218amending s. 849.25, F.S.; providing that a prohibition on
219gaming does not apply to limited gaming as authorized in
220the act; providing an effective date.
222Be It Enacted by the Legislature of the State of Florida:
224     Section 1.  Subsection (7) is added to section 20.21,
225Florida Statutes, to read:
226     20.21  Department of Revenue.-There is created a Department
227of Revenue.
228     (7)  The Destination Resort Commission is created within
229the Department of Revenue.
230     Section 2.  Subsection (17) is added to section 120.80,
231Florida Statutes, to read:
232     120.80  Exceptions and special requirements; agencies.-
234     (a)  The Destination Resort Commission is exempt from the
235hearing and notice requirements of ss. 120.569 and 120.57(1)(a)
236in proceedings for the issuance, denial, renewal, or amendment
237of a destination resort license.
238     (b)  Section 120.60 does not apply to applications for a
239destination resort license.
240     (c)  Notwithstanding the provisions of s. 120.542, the
241Destination Resort Commission may not accept a petition for
242waiver or variance and may not grant any waiver or variance from
243the requirements of the Destination Resort Act, sections 3
244through 35 of this act.
245     Section 3.  This section and sections 4 through 35 of this
246act may be cited as the "Destination Resort Act" or the "Resort
248     Section 4.  Definitions.-As used in the Resort Act, the
250     (1)  "Affiliate" means a person who, directly or
251indirectly, through one or more intermediaries:
252     (a)  Controls, is controlled by, or is under common control
254     (b)  Is in a partnership or joint venture relationship
255with; or
256     (c)  Is a shareholder of a corporation, a member of a
257limited liability company, or a partner in a limited liability
258partnership with,
260an applicant for a resort license or a resort licensee.
261     (2)  "Ancillary areas" includes the following areas within
262a limited gaming facility, unless the context otherwise
264     (a)  Major aisles, the maximum area of which may not exceed
265the limit within any part of the limited gaming facility as
266specified by the commission.
267     (b)  Back-of-house facilities.
268     (c)  Any reception or information counter.
269     (d)  Any area designated for the serving or consumption of
270food and beverages.
271     (e)  Any retail outlet.
272     (f)  Any area designated for performances.
273     (g)  Any area designated for aesthetic or decorative
275     (h)  Staircases, staircase landings, escalators, lifts, and
276lift lobbies.
277     (i)  Bathrooms.
278     (j)  Any other area that is not intended to be used for the
279conduct or playing of games or as a gaming pit as defined by
280rules of the commission or specified in the application for the
281destination resort license.
282     (3)  "Applicant," as the context requires, means a person
283who applies for a resort license, supplier's license, or
284occupational license. A county, municipality, or other unit of
285government is prohibited from applying for a resort license.
286     (4)  "Chair" means the chair of the Destination Resort
288     (5)  "Commission" means the Destination Resort Commission.
289     (6)  "Conflict of interest" means a situation in which the
290private interest of a member, employee, or agent of the
291commission may influence his or her judgment in the performance
292of his or her public duty under the Resort Act. A conflict of
293interest includes, but is not limited to:
294     (a)  Any conduct that would lead a reasonable person having
295knowledge of all of the circumstances to conclude that the
296member, employee, or agent of the commission is biased against
297or in favor of an applicant.
298     (b)  The acceptance of any form of compensation from a
299source other than the commission for any services rendered as
300part of the official duties of the member, employee, or agent of
301the commission.
302     (c)  Participation in any business transaction with or
303before the commission in which the member, employee, or agent of
304the commission, or the parent, spouse, or child of a member,
305employee, or the agent, has a financial interest.
306     (7)  "Department" means the Department of Revenue.
307     (8)  "Destination resort" or "resort" means a freestanding,
308land-based structure in which limited gaming may be conducted. A
309destination resort is a mixed-use development consisting of a
310combination of various tourism amenities and facilities,
311including, but not limited to, hotels, villas, restaurants,
312limited gaming facilities, convention facilities, attractions,
313entertainment facilities, service centers, and shopping centers.
314     (9)  "Destination resort license" or "resort license" means
315a license to operate and maintain a destination resort having a
316limited gaming facility.
317     (10)  "Executive director" means the executive director of
318the commission.
319     (11)  "Financial interest" or "financially interested"
320means any interest in investments or awarding of contracts,
321grants, loans, purchases, leases, sales, or similar matters
322under consideration or consummated by the commission, or
323ownership in an applicant or a licensee. A member, employee, or
324agent of the commission is deemed to have a financial interest
325in a matter if:
326     (a)  The individual owns any interest in any class of
327outstanding securities that are issued by a party to the matter
328under consideration by the commission, except indirect interests
329such as a mutual fund; or
330     (b)  The individual is employed by or is an independent
331contractor for a party to a matter under consideration by the
333     (12)  "Gaming pit" means an area commonly known as a gaming
334pit or any similar area from which limited gaming employees
335administer and supervise the games.
336     (13)  "Gross receipts" means the total of cash or cash
337equivalents received or retained as winnings by a resort
338licensee and the compensation received for conducting any game
339in which the resort licensee is not party to a wager, less cash
340taken in fraudulent acts perpetrated against the resort licensee
341for which the resort licensee is not reimbursed. The term does
342not include:
343     (a)  Counterfeit money or tokens;
344     (b)  Coins of other countries which are received in gaming
345devices and which cannot be converted into United States
347     (c)  Promotional credits or "free play" as provided by the
348resort licensee as a means of marketing the limited gaming
349facility; or
350     (d)  The amount of any credit extended until collected.
351     (14)  "Individual" means a natural person.
352     (15)  "Institutional investor" means, but is not limited
354     (a)  A retirement fund administered by a public agency for
355the exclusive benefit of federal, state, or county public
357     (b)  An employee benefit plan or pension fund that is
358subject to the Employee Retirement Income Security Act of 1974
360     (c)  An investment company registered under the Investment
361Company Act of 1940.
362     (d)  A collective investment trust organized by a bank
363under 12 C.F.R. part 9, s. 9.18.
364     (e)  A closed-end investment trust.
365     (f)  A life insurance company or property and casualty
366insurance company.
367     (g)  A financial institution.
368     (h)  An investment advisor registered under the Investment
369Advisers Act of 1940.
370     (16)  "Junket enterprise" means any person who, for
371compensation, employs or otherwise engages in the procurement or
372referral of persons for a junket to a destination resort
373licensed under the Resort Act regardless of whether those
374activities occur within this state. The term does not include a
375resort licensee or applicant for a resort license or a person
376holding an occupational license.
377     (17)  "License," as the context requires, means a resort
378license, supplier's license, or an occupational license.
379     (18)  "Licensee," as the context requires, means a person
380who is licensed as resort licensee, supplier licensee, or
381occupational licensee.
382     (19)  "Limited gaming," "game," or "gaming," as the context
383requires, means the games authorized pursuant to the Resort Act
384in a limited gaming facility, including, but not limited to,
385those commonly known as baccarat, twenty-one, poker, craps, slot
386machines, video gaming of chance, roulette wheels, Klondike
387tables, punch-board, faro layout, numbers ticket, push car, jar
388ticket, pull tab, or their common variants, or any other game of
389chance or wagering device that is authorized by the commission.
390     (20)  "Limited gaming employee" means any employee of a
391resort licensee, including, but not limited to:
392     (a)  Cashiers.
393     (b)  Change personnel.
394     (c)  Count room personnel.
395     (d)  Slot machine attendants.
396     (e)  Hosts or other individuals authorized to extend
397complimentary services, including employees performing functions
398similar to those performed by a representative for a junket
400     (f)  Machine mechanics, computer machine technicians, or
401table game device technicians.
402     (g)  Security personnel.
403     (h)  Surveillance personnel.
404     (i)  Promotional play supervisors, credit supervisors, pit
405supervisors, cashier supervisors, shift supervisors, table game
406managers, assistant managers, and other supervisors and
408     (j)  Boxmen.
409     (k)  Dealers or croupiers.
410     (l)  Floormen.
411     (m)  Personnel authorized to issue promotional credits.
412     (n)  Personnel authorized to issue credit.
414The term includes an employee of a person holding a supplier's
415license whose duties are directly involved with the repair or
416distribution of slot machines or table game devices or
417associated equipment sold or provided to a resort licensee. The
418term does not include bartenders, cocktail servers, or other
419persons solely engaged in preparing or serving food or
420beverages, clerical or secretarial personnel, parking
421attendants, janitorial staff, stage hands, sound and light
422technicians, and other nongaming personnel as determined by the
423commission. The term includes a person employed by a person or
424entity other than a resort licensee who performs the functions
425of a limited gaming employee.
426     (21)  "Limited gaming facility" means the limited gaming
427floor and any ancillary areas.
428     (22)  "Limited gaming floor" means the approved gaming area
429of a resort. Ancillary areas in or directly adjacent to the
430gaming area are not part of the limited gaming floor for
431purposes of calculating the size of the limited gaming floor.
432     (23)  "Managerial employee" has the same meaning as in s.
433447.203(4), Florida Statutes.
434     (24)  "Occupational licensee" means a person who is
435licensed to be a limited gaming employee.
436     (25)  "Qualifier" means an affiliate, affiliated company,
437officer, director, or managerial employee of an applicant for a
438resort license, or a person who holds a direct or indirect
439equity interest in the applicant. The term may include an
440institutional investor. As used in this subsection, the terms
441"affiliate," "affiliated company," and "a person who holds a
442direct or indirect equity interest in the applicant" do not
443include a partnership, a joint venture relationship, a
444shareholder of a corporation, a member of a limited liability
445company, or a partner in a limited liability partnership that
446has a direct or indirect equity interest in the applicant for a
447resort license of 5 percent or less and is not involved in the
448gaming operations as defined by the rules of the commission.
449     (26)  "Supplier licensee" or "supplier" means a person who
450is licensed to furnish gaming equipment, devices, or supplies or
451other goods or services to a resort licensee.
452     (27)  "Wagerer" means a person who plays a game authorized
453under the Resort Act.
454     Section 5.  Destination Resort Commission; creation and
456     (1)  CREATION.-There is created the Destination Resort
457Commission assigned to the Department of Revenue for
458administrative purposes only. The commission is a separate
459budget entity not subject to control, supervision, or direction
460by the Department of Revenue in any manner, including, but not
461limited to, personnel, purchasing, transactions involving real
462or personal property, and budgetary matters. The commission
463shall be composed of seven members who are residents of the
464state and who have experience in corporate finance, tourism,
465convention and resort management, gaming, investigation or law
466enforcement, business law, or related legal experience. The
467members of the commission shall serve as the agency head of the
468Destination Resort Commission. The commission is exempt from the
469provisions of s. 20.052, Florida Statutes.
470     (2)  MEMBERS.-Three of the members shall be appointed by
471the Governor and confirmed by the Senate in the legislative
472session following appointment. Two of the members shall be
473appointed by the President of the Senate. Two of the members
474shall be appointed by the Speaker of the House of
475Representatives. Each member shall be appointed to a 4-year
476term. However, for the purpose of providing staggered terms, of
477the initial appointments, the three members appointed by the
478Governor shall be appointed to 2-year terms and the remaining
479four members shall be appointed to 4-year terms. Terms expire on
480June 30. Upon the expiration of the term of a commissioner, a
481successor shall be appointed in the same manner as the original
482appointment to serve for a 4-year term. A commissioner whose
483term has expired shall continue to serve on the commission until
484such time as a replacement is appointed. If a vacancy on the
485commission occurs before the expiration of the term, it shall be
486filled for the unexpired portion of the term in the same manner
487as the original appointment.
488     (a)1.  One member of the commission must be a certified
489public accountant licensed in this state who possesses at least
4905 years of experience in general accounting. The member must
491also possess a comprehensive knowledge of the principles and
492practices of corporate finance or auditing, general finance,
493gaming, or economics.
494     2.  One member of the commission must have experience in
495the fields of investigation or law enforcement.
496     3.  When making appointments to the commission, the
497Governor shall announce the classification by experience of the
498person appointed.
499     (b)  A person may not be appointed to or serve as a member
500of the commission if the person:
501     1.  Is an elected state official;
502     2.  Is licensed by the commission, or is an officer of, has
503a financial interest in, or has a direct or indirect contractual
504relationship with, any applicant for a resort license or resort
506     3.  Is related to any person within the second degree of
507consanguinity of affinity who is licensed by the commission; or
508     4.  Has, within the 10 years preceding his or her
509appointment, been under indictment for, convicted of, pled
510guilty or nolo contendere to, or forfeited bail for a felony or
511a misdemeanor involving gambling or fraud under the laws of this
512or any other state or the United States.
513     (c)  Members of the commission shall serve full time.
514     (3)  CHAIR AND VICE CHAIR.-
515     (a)  The chair shall be appointed by the Governor. The vice
516chair of the commission shall be elected by the members of the
517commission during the first meeting of the commission on or
518after July 1 of each year. The chair shall be the administrative
519head of the commission. The chair shall set the agenda for each
520meeting. The chair shall approve all notices, vouchers,
521subpoenas, and reports as required by the Resort Act. The chair
522shall preserve order and decorum and shall have general control
523of the commission meetings. The chair shall decide all questions
524of order. The chair may name any member of the commission to
525perform the duties of the chair for a meeting if such
526substitution does not extend beyond that meeting.
527     (b)  If for any reason the chair is absent and fails to
528name a member, the vice chair shall assume the duties of the
529chair during the chair's absence. On the death, incapacitation,
530or resignation of the chair, the vice chair shall perform the
531duties of the office until the Governor appoints a successor.
532     (c)  The administrative responsibilities of the chair are
533to plan, organize, and control administrative support services
534for the commission. Administrative functions include, but are
535not limited to, finance and accounting, revenue accounting,
536personnel, and office services.
537     (4)  QUORUM.-Four members of the commission constitute a
539     (5)  HEADQUARTERS.-The headquarters of the commission shall
540be located in Tallahassee.
541     (6)  MEETINGS.-The commission must meet at least monthly.
542Meetings may be called by the chair or by four members of the
543commission upon 72 hours' public notice. The initial meeting of
544the commission must be held by October 1, 2011.
545     (7)  AGENCY HEAD.-The commission shall serve as the agency
546head for purposes of chapter 120, Florida Statutes. The
547executive director of the commission may serve as the agency
548head for purposes of final agency action under chapter 120,
549Florida Statutes, for all areas within the regulatory authority
550delegated to the executive director's office.
551     Section 6.  Destination Resort Commission; powers and
553     (1)  The commission has jurisdiction over and shall
554supervise all destination resort limited gaming activity
555governed by the Resort Act, including the power to:
556     (a)  Authorize limited gaming at five destination resorts.
557     (b)  Conduct such investigations as necessary to fulfill
558its responsibilities.
559     (c)  Use an invitation to negotiate process for applicants
560based on minimum requirements established by the Resort Act and
561rules of the commission.
562     (d)  Investigate applicants for a resort license and
563determine the eligibility of applicants for a resort license and
564to select from competing applicants the applicant that best
565serves the interests of the residents of Florida, based on the
566potential for economic development presented by the applicant's
567proposed investment in infrastructure, such as hotels and other
568nongaming entertainment facilities, and the applicant's ability
569to maximize revenue for the state.
570     (e)  Grant a license to the applicant best suited to
571operate a destination resort that has limited gaming.
572     (f)  Establish and collect fees for performing background
573checks on all applicants for licenses and all persons with whom
574the commission may contract for the providing of goods or
575services and for performing, or having performed, tests on
576equipment and devices to be used in a limited gaming facility.
577     (g)  Issue subpoenas for the attendance of witnesses and
578subpoenas duces tecum for the production of books, records, and
579other pertinent documents as provided by law, and to administer
580oaths and affirmations to the witnesses, if, in the judgment of
581the commission, it is necessary to enforce the Resort Act or
582commission rules. If a person fails to comply with a subpoena,
583the commission may petition the circuit court of the county in
584which the person subpoenaed resides or has his or her principal
585place of business for an order requiring the subpoenaed person
586to appear and testify and to produce books, records, and
587documents as specified in the subpoena. The court may grant
588legal, equitable, or injunctive relief, which may include, but
589is not limited to, issuance of a writ of ne exeat or restraint
590by injunction or appointment of a receiver of any transfer,
591pledge, assignment, or other disposition of such person's assets
592or any concealment, alteration, destruction, or other
593disposition of subpoenaed books, records, or documents, as the
594court deems appropriate, until the person subpoenaed has fully
595complied with the subpoena and the commission has completed the
596audit, examination, or investigation. The commission is entitled
597to the summary procedure provided in s. 51.011, Florida
598Statutes, and the court shall advance the cause on its calendar.
599Costs incurred by the commission to obtain an order granting, in
600whole or in part, such petition for enforcement of a subpoena
601shall be charged against the subpoenaed person, and failure to
602comply with such order is a contempt of court.
603     (h)  Require or permit a person to file a statement in
604writing, under oath or otherwise as the commission or its
605designee requires, as to all the facts and circumstances
606concerning the matter to be audited, examined, or investigated.
607     (i)  Keep accurate and complete records of its proceedings
608and to certify the records as may be appropriate.
609     (j)  Take any other action as may be reasonable or
610appropriate to enforce the Resort Act and rules adopted by the
612     (k)  Apply for injunctive or declaratory relief in a court
613of competent jurisdiction to enforce the Resort Act and any
614rules adopted by the commission.
615     (l)  Establish field offices, as deemed necessary by the
617     (2)  The Department of Law Enforcement and local law
618enforcement agencies have concurrent jurisdiction to investigate
619criminal violations of the Resort Act and may investigate any
620other criminal violation of law occurring at the limited gaming
621facilities. Such investigations may be conducted in conjunction
622with the appropriate state attorney.
623     (3)(a)  The commission, the Department of Law Enforcement,
624and local law enforcement agencies have unrestricted access to
625the limited gaming facility at all times and shall require of
626each resort licensee strict compliance with the laws of this
627state relating to the transaction of such business. The
628commission, the Department of Law Enforcement, and local law
629enforcement agencies may:
630     1.  Inspect and examine premises where authorized limited
631gaming devices are offered for play.
632     2.  Inspect slot machines, other authorized gaming devices,
633and related equipment and supplies.
634     (b)  In addition, the commission may:
635     1.  Collect taxes, assessments, fees, and penalties.
636     2.  Deny, revoke, suspend, or place conditions on a
637licensee who violates any provision of the Resort Act, a rule
638adopted by the commission, or an order of the commission.
639     (4)  The commission must revoke or suspend the license of
640any person who is no longer qualified or who is found, after
641receiving a license, to have been unqualified at the time of
642application for the license.
643     (5)  This section does not:
644     (a)  Prohibit the Department of Law Enforcement or any law
645enforcement authority whose jurisdiction includes a resort
646licensee or a supplier licensee from conducting investigations
647of criminal activities occurring at the facilities of a resort
648licensee or supplier licensee;
649     (b)  Restrict access to the limited gaming facility by the
650Department of Law Enforcement or any local law enforcement
651authority whose jurisdiction includes a resort licensee's
652facility; or
653     (c)  Restrict access by the Department of Law Enforcement
654or a local law enforcement agency to information and records
655necessary for the investigation of criminal activity which are
656contained within the facilities of a resort licensee or supplier
658     Section 7.  Rulemaking.-
659     (1)  The commission shall adopt all rules necessary to
660implement, administer, and regulate limited gaming under the
661Destination Resort Act. The rules must include:
662     (a)  The types of limited gaming activities to be conducted
663and the rules for those games, including any restriction upon
664the time, place, and structures where limited gaming is
666     (b)  Requirements, procedures, qualifications, and grounds
667for the issuance, renewal, revocation, suspension, and summary
668suspension of a resort license, supplier's license, or
669occupational license.
670     (c)  Requirements for the disclosure of the complete
671financial interests of licensees and applicants for licenses.
672     (d)  Technical requirements and the qualifications that are
673necessary to receive a license.
674     (e)  Procedures to scientifically test and technically
675evaluate slot machines and other authorized gaming devices for
676compliance with the Resort Act and the rules adopted by the
677commission. The commission may contract with an independent
678testing laboratory to conduct any necessary testing. The
679independent testing laboratory must have a national reputation
680for being demonstrably competent and qualified to scientifically
681test and evaluate slot machines and other authorized gaming
682devices. An independent testing laboratory may not be owned or
683controlled by a licensee. The use of an independent testing
684laboratory for any purpose related to the conduct of slot
685machine gaming and other authorized gaming by a resort licensee
686shall be made from a list of laboratories approved by the
688     (f)  Procedures relating to limited gaming revenues,
689including verifying and accounting for such revenues, auditing,
690and collecting taxes and fees.
691     (g)  Requirements for limited gaming equipment, including
692the types and specifications of all equipment and devices that
693may be used in limited gaming facilities.
694     (h)  Procedures for regulating, managing, and auditing the
695operation, financial data, and program information relating to
696limited gaming which allow the commission and the Department of
697Law Enforcement to audit the operation, financial data, and
698program information of a resort licensee, as required by the
699commission or the Department of Law Enforcement, and provide the
700commission and the Department of Law Enforcement with the
701ability to monitor, at any time on a real-time basis, wagering
702patterns, payouts, tax collection, and compliance with any rules
703adopted by the commission for the regulation and control of
704limited gaming. Such continuous and complete access, at any time
705on a real-time basis, shall include the ability of either the
706commission or the Department of Law Enforcement to suspend play
707immediately on particular slot machines or other gaming devices
708if monitoring of the facilities-based computer system indicates
709possible tampering or manipulation of those slot machines or
710gaming devices or the ability to suspend play immediately of the
711entire operation if the tampering or manipulation is of the
712computer system itself. The commission shall notify the
713Department of Law Enforcement or the Department of Law
714Enforcement shall notify the commission, as appropriate,
715whenever there is a suspension of play pursuant this paragraph.
716The commission and the Department of Law Enforcement shall
717exchange information that is necessary for, and cooperate in the
718investigation of, the circumstances requiring suspension of play
719pursuant to this paragraph.
720     (i)  Procedures for requiring each resort licensee at his
721or her own cost and expense to supply the commission with a bond
722as required.
723     (j)  Procedures for requiring licensees to maintain and to
724provide to the commission records, data, information, or
725reports, including financial and income records.
726     (k)  Procedures to calculate the payout percentages of slot
728     (l)  Minimum standards for security of the facilities,
729including floor plans, security cameras, and other security
731     (m)  The scope and conditions for investigations and
732inspections into the conduct of limited gaming.
733     (n)  The standards and procedures for the seizure without
734notice or hearing of gaming equipment, supplies, or books and
735records for the purpose of examination and inspection.
736     (o)  Procedures for requiring resort licensees and supplier
737licensees to implement and establish drug-testing programs for
738all employees.
739     (p)  Procedures and guidelines for the continuous recording
740of all gaming activities at a limited gaming facility. The
741commission may require a resort licensee to timely provide all
742or part of the original recordings pursuant to a schedule.
743     (q)  The payment of costs incurred by the commission or any
744other agencies for investigations or background checks or costs
745associated with testing limited gaming related equipment, which
746must be paid by an applicant for a license or a licensee.
747     (r)  The levying of fines for violations of the Resort Act
748or any rule adopted by the commission, which fines may not
749exceed $250,000 per violation arising out of a single
751     (s)  The amount of any application fee or fee to renew an
752occupational license or a suppliers license.
753     (t)  Any other rule necessary to accomplish the purposes of
754the Resort Act.
755     (2)  The commission may at any time adopt emergency rules
756pursuant to s. 120.54, Florida Statutes. The Legislature finds
757that such emergency rulemaking power is necessary for the
758preservation of the rights and welfare of the people in order to
759provide additional funds to benefit the public. The Legislature
760further finds that the unique nature of limited gaming
761operations requires, from time to time, that the commission
762respond as quickly as is practicable. Therefore, in adopting
763such emergency rules, the commission need not make the findings
764required by s. 120.54(4)(a), Florida Statutes. Emergency rules
765adopted under this section are exempt from s. 120.54(4)(c),
766Florida Statutes. However, the emergency rules may not remain in
767effect for more than 180 days except that the commission may
768renew the emergency rules during the pendency of procedures to
769adopt permanent rules addressing the subject of the emergency
771     Section 8.  Law enforcement officers.-
772     (1)  The commission may employ sworn law enforcement
773officers to enforce any criminal law, conduct any criminal
774investigation, or enforce any statute within the jurisdiction of
775the commission.
776     (2)  Each law enforcement officer must meet the
777qualifications for law enforcement officers under s. 943.13,
778Florida Statutes, and must be certified as a law enforcement
779officer by the Department of Law Enforcement. Upon
780certification, each law enforcement officer is subject to and
781has the authority provided to law enforcement officers generally
782under chapter 901, Florida Statutes, and has statewide
784     (3)  Each officer has arrest authority as provided for
785state law enforcement officers under s. 901.15, Florida
786Statutes, and full law enforcement powers granted to other
787officers of this state, including the authority to make arrests,
788carry firearms, serve court process, and seize contraband and
789proceeds from illegal activities.
790     (4)  Each law enforcement officer of the commission, upon
791certification under s. 943.1395, Florida Statutes, has the same
792right and authority to carry arms as do the sheriffs of this
794     Section 9.  Executive director.-The commission shall
795appoint or remove the executive director of the commission by a
796majority vote. An interim executive director shall be appointed
797within 10 days after the initial meeting of the commission.
798     (1)  The executive director:
799     (a)  Shall devote full time to the duties of the office;
800     (b)  May not hold any other office or employment;
801     (c)  Shall perform all duties assigned by the commission;
803     (d)  May hire assistants and employees as necessary to
804conduct the business of the commission, and consultants
805necessary for the efficient operation of destination resorts.
806     (2)(a)  The executive director may not employ a person who,
807during the 3 years immediately preceding employment, held a
808direct or indirect interest in, or was employed by:
809     1.  A resort licensee or supplier licensee;
810     2.  An applicant for a resort license or an applicant for a
811similar license in another jurisdiction;
812     3.  An entity licensed to operate a gaming facility in
813another state;
814     4.  A pari-mutuel gaming facility licensed to operate in
815this state; or
816     5.  A tribal gaming facility within this state.
817     (b)  Notwithstanding paragraph (a), a person may be
818employed by the commission if the commission finds that the
819person's former interest in any licensee will not interfere with
820the objective discharge of the person's employment obligations.
821However, a person may not be employed by the commission if:
822     1.  The person's interest in an applicant, licensee, or
823tribal facility constituted a controlling interest; or
824     2.  The person or the person's spouse, parent, child,
825child's spouse, or sibling is a member of the commission, or a
826director of, or a person financially interested in, an applicant
827or a licensee.
828     Section 10.  Code of ethics.-
829     (1)  The commission shall adopt a code of ethics by rule
830for its members, employees, and agents.
831     (2)  A member of the commission or the executive director
832may not hold a direct or indirect interest in, be employed by,
833or enter into a contract for service with an applicant or person
834licensed by the commission for a period of 5 years after the
835date of termination of the person's membership on or employment
836with the commission.
837     (3)  An employee of the commission may not acquire a direct
838or indirect interest in, be employed by, or enter into a
839contract for services with an applicant or person licensed by
840the commission for a period of 3 years after the date of
841termination of the person's employment with the commission.
842     (4)  A commission member or a person employed by the
843commission may not represent a person or party other than the
844state before or against the commission for a period of 3 years
845after the date of termination of the member's term of office or
846the employee's period of employment with the commission.
847     (5)  A business entity in which a former commission member,
848employee, or agent has an interest, or any partner, officer, or
849employee of that business entity, may not appear before or
850represent another person before the commission if the former
851commission member, employee, or agent would be prohibited from
852doing so. As used in this subsection, the term "business entity"
853means a corporation, limited liability company, partnership,
854limited liability partnership association, trust, or other form
855of legal entity.
856     (6)  A member, employee, or agent of the commission may not
857engage in political activity or politically related activity
858during the duration of the person's appointment or employment.
859As used in this paragraph, the terms "political activity" or
860"politically related activity" include:
861     (a)  Using the person's official authority or influence for
862the purpose of interfering with or affecting the result of an
864     (b)  Knowingly soliciting, accepting, or receiving
865political contributions from any person;
866     (c)  Running for nomination or as a candidate for election
867to a partisan political office; or
868     (d)  Knowingly soliciting or discouraging the participation
869in any political activity of any person who is:
870     1.  Applying for any compensation, grant, contract, ruling,
871license, permit, or certificate pending before the commission;
873     2.  The subject of or a participant in an ongoing audit,
874investigation, or enforcement action being carried out by the
876     (7)  A former member, employee, or agent of the commission
877may appear before the commission as a witness testifying as to
878factual matters or actions handled by the former member,
879employee, or agent during his or her tenure with the commission.
880However, the former member, employee, or agent of the commission
881may not receive compensation for the appearance other than a
882standard witness fee and reimbursement for travel expenses as
883established by statute or rules governing administrative
884proceedings before the Division of Administrative Hearings.
885     (8)(a)  The executive director must approve outside
886employment for an employee or agent of the commission.
887     (b)  An employee or agent of the commission granted
888permission for outside employment may not conduct any business
889or perform any activities, including solicitation, related to
890outside employment on premises used by the commission or during
891the employee's working hours for the commission.
892     (c)  As used in this subsection, the term "outside
893employment" includes, but is not limited to:
894     1.  Operating a proprietorship;
895     2.  Participating in a partnership or group business
896enterprise; or
897     3.  Performing as a director or corporate officer of any
898for-profit corporation or banking or credit institution.
899     (9)  A member, employee, or agent of the commission may not
900participate in or wager on any game conducted by any resort
901licensee or applicant or any affiliate of a licensee or
902applicant regulated by the commission in this state or in any
903other jurisdiction, except as required as part of the person's
904surveillance, security, or other official duties.
905     Section 11.  Disclosures by commissioners, employees, and
907     (1)  COMMISSIONERS.-
908     (a)  Each member of the commission shall file a financial
909disclosure statement pursuant to s. 112.3145, Florida Statutes.
910     (b)  Each member must disclose information required by
911rules of the commission to ensure the integrity of the
912commission and its work.
913     (c)  By January 1 of each year, each member must file a
914statement with the commission:
915     1.  Affirming that the member, and the member's spouse,
916parent, child, or child's spouse, is not a member of the board
917of directors of, financially interested in, or employed by an
918applicant or resort licensee.
919     2.  Affirming that the member is in compliance with the
920Resort Act and the rules of the commission.
921     3.  Disclosing any legal or beneficial interest in real
922property that is or may be directly or indirectly involved with
923activities or persons regulated by the commission.
924     (d)  Each member must disclose involvement with any gaming
925interest in the 5 years preceding appointment as a member.
927     (a)  The executive director and each managerial employee
928and agent, as determined by the commission, shall file a
929financial disclosure statement pursuant to s. 112.3145, Florida
930Statutes. All employees and agents must comply with the
931provisions of chapter 112, Florida Statutes.
932     (b)  The executive director and each managerial employee
933and agent identified by rule of the commission must disclose
934information required by rules of the commission to ensure the
935integrity of the commission and its work.
936     (c)  By January 31 of each year, each employee and agent of
937the commission must file a statement with the commission:
938     1.  Affirming that the employee, and the employee's spouse,
939parent, child, or child's spouse, is not financially interested
940in or employed by an applicant or licensee.
941     2.  Affirming that the person does not have any financial
942interest prohibited by laws or rules administered by the
944     3.  Disclosing any legal or beneficial interest in real
945property that is or may be directly or indirectly involved with
946activities or persons regulated by the commission.
947     (d)  Each employee or agent of the commission must disclose
948involvement with any gaming interest during the 5 years before
951     (a)  A member, employee, or agent of the commission who
952becomes aware that the member, employee, or agent of the
953commission or his or her spouse, parent, or child is a member of
954the board of directors of, financially interested in, or
955employed by an applicant or licensee must immediately provide
956detailed written notice to the chair.
957     (b)  A member, employee, or agent of the commission must
958immediately provide detailed written notice of the circumstances
959to the chair if the member, employee, or agent is indicted,
960charged with, convicted of, pleads guilty or nolo contendere to,
961or forfeits bail for:
962     1.  A misdemeanor involving gambling, dishonesty, theft, or
964     2.  A violation of any law in any state, or a law of the
965United States or any other jurisdiction, involving gambling,
966dishonesty, theft, or fraud which substantially corresponds to a
967misdemeanor in this state; or
968     3.  A felony under the laws of this or any other state, or
969the laws of the United States, or any other jurisdiction.
970     (c)  A member, employee, or agent of the commission who is
971negotiating for an interest in a licensee or an applicant, or is
972affiliated with such a person, must immediately provide written
973notice of the details of the interest to the chair. The member,
974employee, or agent of the commission may not act on behalf of
975the commission with respect to that person.
976     (d)  A member, employee, or agent of the commission may not
977enter into negotiations for employment with any person or
978affiliate of any person who is an applicant, licensee, or an
979affiliate. If a member, employee, or agent of the commission
980enters into negotiations for employment in violation of this
981paragraph or receives an invitation, written or oral, to
982initiate a discussion concerning employment with any person who
983is a licensee, applicant, or an affiliate, he or she must
984immediately provide written notice of the details of any such
985negotiations or discussions to the chair. The member, employee,
986or agent of the commission may not take any action on behalf of
987the commission with respect to that licensee or applicant.
988     (e)  A licensee or applicant may not knowingly initiate a
989negotiation for, or discussion of, employment with a member,
990employee, or agent of the commission. A licensee or applicant
991who initiates a negotiation or discussion about employment shall
992immediately provide written notice of the details of the
993negotiation or discussion to the chair as soon as that person
994becomes aware that the negotiation or discussion has been
995initiated with a member, employee, or agent of the commission.
996     (f)  A member, employee, or agent of the commission, or a
997parent, spouse, sibling, or child of a member, employee, or
998agent of the commission, may not accept any gift, gratuity,
999compensation, travel, lodging, or anything of value, directly or
1000indirectly, from a licensee, applicant, or affiliate or
1001representative of a person regulated by the commission unless
1002the acceptance is permitted under the rules of the commission
1003and conforms with chapter 112, Florida Statutes. A member,
1004employee, or agent of the commission who is offered or receives
1005any gift, gratuity, compensation, travel, lodging, or anything
1006of value, directly or indirectly, from any licensee or an
1007applicant or affiliate or representative of a person regulated
1008by the commission must immediately provide written notice of the
1009details to the chair.
1010     (g)  A licensee, applicant, or affiliate or representative
1011of an applicant or licensee may not, directly or indirectly,
1012knowingly give or offer to give any gift, gratuity,
1013compensation, travel, lodging, or anything of value to any
1014member or employee, or to a parent, spouse, sibling, or child of
1015a member, employee, or agent, which the member or employee is
1016prohibited from accepting under paragraph (f).
1017     (h)  A member, employee, or agent of the commission may not
1018engage in any conduct that constitutes a conflict of interest,
1019and must immediately advise the chair in writing of the details
1020of any incident or circumstances that would suggest the
1021existence of a conflict of interest with respect to the
1022performance of commission-related work or duty of the member,
1023employee, or agent of the commission.
1024     (i)  A member, employee, or agent of the commission who is
1025approached and offered a bribe must immediately provide a
1026written account of the details of the incident to the chair and
1027to a law enforcement agency having jurisdiction over the matter.
1028     Section 12.  Ex parte communications.-
1029     (1)  A licensee, applicant, or any affiliate or
1030representative of an applicant or licensee may not engage
1031directly or indirectly in ex parte communications concerning a
1032pending application, license, or enforcement action with a
1033member of the commission or concerning a matter that likely will
1034be pending before the commission. A member of the commission may
1035not engage directly or indirectly in any ex parte communications
1036concerning a pending application, license, or enforcement action
1037with members of the commission, or with a licensee, applicant,
1038or any affiliate or representative of an applicant or licensee,
1039or concerning a matter that likely will be pending before the
1041     (2)  Any commission member, licensee, applicant, or
1042affiliate or representative of a commission member, licensee, or
1043applicant who receives any ex parte communication in violation
1044of subsection (1), or who is aware of an attempted communication
1045in violation of subsection (1), must immediately report details
1046of the communication or attempted communication in writing to
1047the chair.
1048     (3)  If a commissioner knowingly receives an ex parte
1049communication relative to a proceeding to which he or she is
1050assigned, he or she must place on the record copies of all
1051written communications received, copies of all written responses
1052to the communications, and a memorandum stating the substance of
1053all oral communications received and all oral responses made,
1054and shall give written notice to all parties to the
1055communication that such matters have been placed on the record.
1056Any party who desires to respond to an ex parte communication
1057may do so. The response must be received by the commission
1058within 10 days after receiving notice that the ex parte
1059communication has been placed on the record. The commissioner
1060may, if he or she deems it necessary to eliminate the effect of
1061an ex parte communication received by him or her, withdraw from
1062the proceeding potentially impacted by the ex parte
1063communication. After a commissioner withdraws from the
1064proceeding, the chair shall substitute another commissioner for
1065the proceeding if the proceeding was not assigned to the full
1067     (4)  Any individual who makes an ex parte communication
1068must submit to the commission a written statement describing the
1069nature of such communication, including the name of the person
1070making the communication, the name of the commissioner or
1071commissioners receiving the communication, copies of all written
1072communications made, all written responses to such
1073communications, and a memorandum stating the substance of all
1074oral communications received and all oral responses made. The
1075commission shall place on the record of a proceeding all such
1077     (5)  A member of the commission who knowingly fails to
1078place on the record any ex parte communications, in violation of
1079this section, within 15 days after the date of the communication
1080is subject to removal and may be assessed a civil penalty not to
1081exceed $5,000.
1082     (6)  The Commission on Ethics shall receive and investigate
1083sworn complaints of violations of this section pursuant to ss.
1084112.322-112.3241, Florida Statutes.
1085     (7)  If the Commission on Ethics finds that a member of the
1086commission has violated this section, it shall provide the
1087Governor with a report of its findings and recommendations. The
1088Governor may enforce the findings and recommendations of the
1089Commission on Ethics pursuant to part III of chapter 112,
1090Florida Statutes.
1091     (8)  If a commissioner fails or refuses to pay the
1092Commission on Ethics any civil penalties assessed pursuant to
1093this section, the Commission on Ethics may bring an action in
1094any circuit court to enforce such penalty.
1095     (9)  If, during the course of an investigation by the
1096Commission on Ethics into an alleged violation of this section,
1097allegations are made as to the identity of the person who
1098participated in the ex parte communication, that person must be
1099given notice and an opportunity to participate in the
1100investigation and relevant proceedings to present a defense. If
1101the Commission on Ethics determines that the person participated
1102in the ex parte communication, the person may not appear before
1103the commission or otherwise represent anyone before the
1104commission for 2 years.
1105     Section 13.  Penalties for misconduct by a commissioner,
1106employee, or agent.-
1107     (1)  A violation of the Resort Act by a member of the
1108commission may result in disqualification or constitute cause
1109for removal by the Governor or other disciplinary action as
1110determined by the commission.
1111     (2)  A violation of the Resort Act by an employee or agent
1112of the commission does not require termination of employment or
1113other disciplinary action if:
1114     (a)  The commission determines that the conduct involved
1115does not violate the purposes the Resort Act; or
1116     (b)  There was no intentional action on the part of the
1117employee or agent, contingent on divestment of the financial
1118interest within 30 days after the interest was acquired.
1119     (3)  Notwithstanding subsection (2), an employee or agent
1120of the commission who violates the Resort Act shall be
1121terminated if a financial interest in a licensee, applicant, or
1122affiliate, or representative of a licensee or applicant, is
1123acquired by:
1124     (a)  An employee of the commission; or
1125     (b)  The employee's or agent's spouse, parent, or child.
1126     (4)  A violation the Resort Act does not create a civil
1127cause of action.
1128     Section 14.  Legislative authority; administration of act.-
1129The regulation of the conduct of limited gaming activity at a
1130resort licensee is preempted to the state and a county,
1131municipality, or other political subdivision of the state may
1132not enact any ordinance relating to limited gaming. Only the
1133commission and other authorized state agencies shall administer
1134the Resort Act and regulate limited gaming, including limited
1135gaming at resort licensees and the assessment of fees or taxes
1136relating to the conduct of limited gaming.
1137     Section 15.  Process for awarding destination resort
1139     (1)  The commission shall by rule use an invitation to
1140negotiate process for determining the award of a resort license.
1141The application, review, and issuance procedures for awarding a
1142license shall be by a process in which applicants rely on forms
1143provided by the commission in response to an invitation to
1144negotiate issued by the commission.
1145     (2)  The commission may, at its discretion, stagger the
1146issuance of invitations to negotiate, the period for review of
1147replies, and the awarding of one or more licenses to conduct
1148limited gaming, provided that the number of licenses does not
1149exceed five destination resort licensees. Invitations to
1150negotiate shall require a response within no less than 6 months
1151of the date after the issuance of the invitation.
1152     (3)  The commission shall review all complete replies
1153received pursuant to an invitation to negotiate. The commission
1154may select one or more replies with which to commence
1155negotiations after determining which replies are in the best
1156interest of the state based on the selection criteria. The
1157commission shall award or deny a destination resort license
1158within 12 months after the deadline for the submission of a
1160     Section 16.  Criteria for the award of a destination resort
1162     (1)  The commission may award a resort license to the
1163applicant of an invitation to negotiate which best serves the
1164interests of the residents of Florida. The reply to an
1165invitation to negotiate for a resort license must include an
1166application that demonstrates the applicant's ability to meet
1167the following minimum criteria:
1168     (a)  The applicant must demonstrate a capacity to increase
1169tourism, generate jobs, provide revenue to the local economy,
1170and provide revenue to the General Revenue Fund.
1171     (b)  The area in which the conduct of limited gaming is
1172authorized may constitute no more than 10 percent of the resort
1173development's total square footage. The resort development's
1174total square footage is the aggregate of the total square
1175footage of the limited gaming facility, the hotel or hotels,
1176convention space, retail facilities, nongaming entertainment
1177facilities, service centers, and office space or administrative
1179     (c)  The applicant must demonstrate a history of, or a bona
1180fide plan for, community involvement or investment in the
1181community where the resort having a limited gaming facility will
1182be located.
1183     (d)  The applicant must demonstrate the financial ability
1184to purchase and maintain an adequate surety bond.
1185     (e)  The applicant must demonstrate that it has adequate
1186capitalization to develop, construct, maintain, and operate the
1187proposed resort and convention center having a limited gaming
1188facility in accordance with the requirements of the Resort Act
1189and rules adopted by the commission and to responsibly meet its
1190secured and unsecured debt obligations in accordance with its
1191financial and other contractual agreements.
1192     (f)  The applicant shall demonstrate the ability to
1193implement a program to train and employ residents of this state
1194for jobs that will be available at the destination resort,
1195including its ability to implement a program for the training of
1196low-income persons.
1197     (g)  The commission may, at its discretion, assess the
1198quality of the proposed development's aesthetic appearance in
1199the context of it potential to provide substantial economic
1200benefits to the community and the people of Florida, including,
1201but not limited to its potential to provide substantial
1202employment opportunities.
1203     (h)  The applicant shall demonstrate how it will comply
1204with state and federal affirmative action guidelines.
1205     (i)  The applicant shall demonstrate the ability to
1206generate substantial gross receipts.
1207     (2)  A resort license may be issued only to persons of good
1208moral character who are at least 21 years of age. A resort
1209license may issued to a corporation only if its officers are of
1210good moral character and at least 21 years of age.
1211     (3)  A resort license may not be issued to an applicant if
1212the applicant, qualifier, or institutional investor:
1213     (a)  Has, within the last 10 years, filed for protection
1214under the Federal Bankruptcy Code or had an involuntary
1215bankruptcy petition filed against them.
1216     (b)  Has, within the last 5 years, been adjudicated by a
1217court or tribunal for failure to pay income, sales, or gross
1218receipts tax due and payable under any federal, state, or local
1219law, after exhaustion of all appeals or administrative remedies.
1220     (c)  Has been convicted of a felony under the laws of this
1221or any other state, or the United States.
1222     (d)  Has been convicted of any violation under chapter 817,
1223Florida Statutes, or under a substantially similar law of
1224another jurisdiction.
1225     (e)  Knowingly submitted false information in the
1226application for the license.
1227     (f)  Is a member or employee of the commission.
1228     (g)  Was licensed to own or operate gaming or pari-mutuel
1229facilities in this state or another jurisdiction and that
1230license was revoked.
1231     (h)  Fails to meet any other criteria for licensure set
1232forth in the Resort Act.
1234The term "conviction" includes an adjudication of guilt on a
1235plea of guilty or nolo contendere or the forfeiture of a bond
1236when charged with a crime.
1237     Section 17.  Application for destination resort license.-
1238     (1)  APPLICATION.-A reply submitted in response to an
1239invitation to negotiate must include a sworn application in the
1240format prescribed by the commission. The application must
1241include the following information:
1242     (a)1.  The name, business address, telephone number, social
1243security number, and, where applicable, the federal tax
1244identification number of the applicant and each qualifier; and
1245     2.  Information, documentation, and assurances concerning
1246financial background and resources as may be required to
1247establish the financial stability, integrity, and responsibility
1248of the applicant. This includes business and personal income and
1249disbursement schedules, tax returns and other reports filed with
1250governmental agencies, and business and personal accounting and
1251check records and ledgers. In addition, each applicant must
1252provide written authorization for the examination of all bank
1253accounts and records as may be deemed necessary by the
1255     (b)  The identity and, if applicable, the state of
1256incorporation or registration of any business in which the
1257applicant or a qualifier has an equity interest of more than 5
1258percent. If the applicant or qualifier is a corporation,
1259partnership, or other business entity, the applicant or
1260qualifier must identify any other corporation, partnership, or
1261other business entity in which it has an equity interest of more
12625 percent, including, if applicable, the state of incorporation
1263or registration.
1264     (c)  A statement as to whether the applicant or a qualifier
1265has developed and operated a gaming facility within a
1266jurisdiction in the United States, including a description of
1267the gaming facility, the gaming facility's gross revenue, and
1268the amount of revenue the gaming facility has generated for
1269state and local governments within that jurisdiction.
1270     (d)  A statement as to whether the applicant or a qualifier
1271has been indicted, convicted of, pled guilty or nolo contendere
1272to, or forfeited bail for any felony or for a misdemeanor
1273involving gambling, theft, or fraud. The statement must include
1274the date, the name and location of the court, the arresting
1275agency, the prosecuting agency, the case caption, the docket
1276number, the nature of the offense, the disposition of the case,
1277and, if applicable, the location and length of incarceration.
1278     (e)  A statement as to whether the applicant or a qualifier
1279has ever been granted any license or certificate in any
1280jurisdiction which has been restricted, suspended, revoked, not
1281renewed, or otherwise subjected to discipline. The statement
1282must describe the facts and circumstances concerning that
1283restriction, suspension, revocation, nonrenewal, or discipline,
1284including the licensing authority, the date each action was
1285taken, and an explanation of the circumstances for each
1286disciplinary action.
1287     (f)  A statement as to whether the applicant or qualifier
1288has, as a principal or a controlling shareholder, within the
1289last 10 years, filed for protection under the Federal Bankruptcy
1290Code or had an involuntary bankruptcy petition filed against it.
1291     (g)  A statement as to whether the applicant or qualifier
1292has, within the last 5 years, been adjudicated by a court or
1293tribunal for failure to pay any income, sales, or gross receipts
1294tax due and payable under federal, state, or local law, after
1295exhaustion of all appeals or administrative remedies. This
1296statement must identify the amount and type of the tax and the
1297time periods involved and must describe the resolution of the
1299     (h)  A list of the names and titles of any public officials
1300or officers of any unit of state government or of the local
1301government or governments in the county or municipality in which
1302the proposed resort is to be located, and the spouses, parents,
1303and children of those public officials or officers, who,
1304directly or indirectly, own any financial interest in, have any
1305beneficial interest in, are the creditors of, hold any debt
1306instrument issued by the applicant or a qualifier, or hold or
1307have an interest in any contractual or service relationship with
1308the applicant or qualifier. As used in this paragraph, the terms
1309"public official" and "officer" do not include a person who
1310would be listed solely because the person is a member of the
1311Florida National Guard.
1312     (i)  The name and business telephone number of any
1313attorney, lobbyist, or other person who is representing an
1314applicant before the commission during the application process.
1315     (j)  A description of the applicant's history of and
1316proposed plan for community involvement or investment in the
1317community where the resort having a limited gaming facility
1318would be located.
1319     (k)  A description of the applicant's proposed resort,
1320including a description of the economic benefit to the community
1321in which the facility would be located, the anticipated number
1322of employees, a statement regarding how the applicant would
1323comply with federal and state affirmative action guidelines, a
1324projection of admissions or attendance at the limited gaming
1325facility, a projection of gross receipts, and scientific market
1326research pertaining to the proposed facility, if any.
1327     (l)  A schedule or timeframe for completing the resort.
1328     (m)  A plan for training residents of this state for jobs
1329at the resort. The job-training plan must provide training to
1330enable low-income persons to qualify for jobs at the resort.
1331     (n)  The identity of each person, association, trust, or
1332corporation or partnership having a direct or indirect equity
1333interest in the applicant of greater than 5 percent. If
1334disclosure of a trust is required under this paragraph, the
1335names and addresses of the beneficiaries of the trust must also
1336be disclosed. If the identity of a corporation must be
1337disclosed, the names and addresses of all stockholders and
1338directors must also be disclosed. If the identity of a
1339partnership must be disclosed, the names and addresses of all
1340partners, both general and limited, must also be disclosed.
1341     (o)  A destination resort and limited gaming facility
1342development plan.
1343     (p)  The fingerprints of the all officers or directors of
1344the applicant and qualifiers, and any persons exercising
1345operational or managerial control of the applicant, as
1346determined by rule of the commission, for a criminal history
1347record check.
1348     (2)  DISCRETION TO REQUIRE INFORMATION.-Notwithstanding any
1349other provision of law, the commission is the sole authority for
1350determining the information or documentation that must be
1351included in an application for a resort license or in an
1352application to renew a resort license. Such documentation and
1353information may relate to: demographics, education, work
1354history, personal background, criminal history, finances,
1355business information, complaints, inspections, investigations,
1356discipline, bonding, photographs, performance periods,
1357reciprocity, local government approvals, supporting
1358documentation, periodic reporting requirements, and fingerprint
1360     (3)  DUTY TO SUPPLEMENT APPLICATION.-The application shall
1361be supplemented as needed to reflect any material change in any
1362circumstance or condition stated in the application which takes
1363place between the initial filing of the application and the
1364final grant or denial of the license. Any submission required to
1365be in writing may otherwise be required by the commission to be
1366made by electronic means.
1367     (4)  CRIMINAL HISTORY CHECKS.-The commission may contract
1368with private vendors, or enter into interagency agreements, to
1369collect electronic fingerprints where fingerprints are required
1370for licensure or where criminal history record checks are
1372     (5)  APPLICATION FEES.-
1373     (a)  The application for a resort license must be submitted
1374along with a nonrefundable application fee of $1 million to be
1375used by the commission to defray costs associated with the
1376review and investigation of the application and to conduct a
1377background investigation of the applicant and each qualifier. If
1378the cost of the review and investigation exceeds $1 million, the
1379applicant must pay the additional amount to the commission
1380within 30 days after the receipt of a request for an additional
1382     (b)  The application for a destination resort license must
1383be submitted with a one-time licensing fee of $50 million. If
1384the commission denies the application, the commission must
1385refund the licensing fee within 30 days after the denial of the
1386application. If the applicant withdraws the application after
1387the application deadline established by the commission, the
1388commission must refund 80 percent of the licensing fee within 30
1389days after the application is withdrawn.
1390     Section 18.  Incomplete applications.-
1391     (1)  An incomplete application for a resort license is
1392grounds for the denial of the application.
1393     (2)(a)  If the commission determines that an application
1394for a resort license is incomplete, the executive director shall
1395immediately provide written notice to the applicant of the
1396incomplete items. The applicant may then request a confidential
1397informal conference with the executive director or his designee
1398to discuss the application.
1399     (b)  The executive director shall provide the applicant an
1400extension of 30 days to complete the application following the
1401date of the informal conference. If the executive director finds
1402that the application has not been completed within the
1403extension, the applicant may appeal the finding to the
1404commission. During an extension or the pendency of an appeal to
1405the commission, the award of resort licenses is stayed.
1406     Section 19.  Institutional investors as qualifiers.-
1407     (1)  An application for a resort license that has an
1408institutional investor as a qualifier need not contain
1409information relating to the institutional investor other than
1410the identity of the investor and information relating to
1411qualifications under the Resort Act if the institutional
1413     (a)  Holds less than 5 percent of the equity securities or
14145 percent of the debt securities of an applicant or affiliate of
1415the applicant;
1416     (b)  Is a publicly traded corporation; and
1417     (c)  Files a certified statement that the institutional
1418investor does not intend to influence or affect the affairs of
1419the applicant or an affiliate of the applicant and further
1420states that its holdings of securities of the applicant or
1421affiliate were purchased for investment purposes only.
1423The commission may limit the application requirements as
1424provided in this subsection for an institutional investor that
1425is a qualifier and that holds 5 percent or more of the equity or
1426debt securities of an applicant or affiliate of the applicant
1427upon a showing of good cause and if the conditions specified in
1428paragraphs (b) and (c) are satisfied.
1429     (2)  An institutional investor that is exempt from the full
1430application requirements under this section and that
1431subsequently intends to influence or affect the affairs of the
1432issuer must first notify the commission of its intent and file
1433an application containing all of the information that would have
1434been required of the institutional investor in the application
1435for a resort license. The commission may deny the application if
1436it determines that granting the application will impair the
1437financial stability of the licensee or impair the ability of the
1438licensee to comply with its development plans or other plans
1439submitted to the commission by the applicant or licensee.
1440     (3)  An applicant for a license or a resort licensee or
1441affiliate shall immediately notify the commission of any
1442information concerning an institutional investor holding its
1443equity or debt securities which may disqualify an institutional
1444investor from having a direct or indirect interest in the
1445applicant or licensee, and the commission may require the
1446institutional investor to file all information that would have
1447been required of the institutional investor in the application
1448for a license.
1449     (4)  If the commission finds that an institutional investor
1450that is a qualifier fails to comply with the requirements of
1451subsection (1) or, if at any time the commission finds that by
1452reason of the extent or nature of its holdings an institutional
1453investor is in a position to exercise a substantial impact upon
1454the controlling interests of a licensee, the commission may
1455require the institutional investor to file an application
1456containing all of information that would have been required of
1457the institutional investor in the application for a license.
1458     (5)  Notwithstanding paragraph (1)(c), an institutional
1459investor may vote on all matters that are put to the vote of the
1460outstanding security holders of the applicant or licensee.
1461     Section 20.  Lenders and underwriters; exemption as
1462qualifiers.-A bank, lending institution, or any underwriter in
1463connection with any bank or lending institution that, in the
1464ordinary course of business, makes a loan to, or holds a
1465security interest in, a licensee or applicant, a supplier
1466licensee or applicant or its subsidiary, or direct or indirect
1467parent company of any of the foregoing is not a qualifier and is
1468not required to be licensed.
1469     Section 21.  Conditions for a resort license.-As a
1470condition to licensure and to maintain continuing authority, a
1471resort licensee must:
1472     (1)  Comply with the Resort Act and the rules of the
1474     (2)  Allow the commission and the Department of Law
1475Enforcement unrestricted access to and right of inspection of
1476facilities of a licensee in which any activity relative to the
1477conduct of gaming is conducted.
1478     (3)  Complete the resort in accordance with the plans and
1479timeframe proposed to the commission in its application, unless
1480a waiver is granted by the commission.
1481     (4)  Ensure that the facilities-based computer system that
1482the licensee will use for operational and accounting functions
1483of the facility is specifically structured to facilitate
1484regulatory oversight. The facilities-based computer system shall
1485be designed to provide the commission and the Department of Law
1486Enforcement with the ability to monitor, at any time on a real-
1487time basis, the wagering patterns, payouts, tax collection, and
1488such other operations as necessary to determine whether the
1489facility is in compliance with statutory provisions and rules
1490adopted by the commission for the regulation and control of
1491gaming. The commission and the Department of Law Enforcement
1492shall have complete and continuous access to this system. Such
1493access shall include the ability of either the commission or the
1494Department of Law Enforcement to suspend play immediately on
1495particular slot machines or gaming devices if monitoring of the
1496system indicates possible tampering or manipulation of those
1497slot machines or gaming devices or the ability to suspend play
1498immediately of the entire operation if the tampering or
1499manipulation is of the computer system itself. The computer
1500system shall be reviewed and approved by the commission to
1501ensure necessary access, security, and functionality. The
1502commission may adopt rules to provide for the approval process.
1503     (5)  Ensure that each game, slot machine, or other gaming
1504device is protected from manipulation or tampering that may
1505affect the random probabilities of winning plays. The commission
1506or the Department of Law Enforcement may suspend play upon
1507reasonable suspicion of any manipulation or tampering. If play
1508has been suspended on any game, slot machine, or other gaming
1509device, the commission or the Department of Law Enforcement may
1510conduct an examination to determine whether the game, machine,
1511or other gaming device has been tampered with or manipulated and
1512whether the game, machine, or other gaming device should be
1513returned to operation.
1514     (6)  Submit a security plan, including the facilities'
1515floor plans, the locations of security cameras, and a listing of
1516all security equipment that is capable of observing and
1517electronically recording activities being conducted in the
1518facilities of the licensee. The security plan must meet the
1519minimum security requirements as determined by the commission
1520and be implemented before the operation of gaming. The
1521licensee's facilities must adhere to the security plan at all
1522times. Any changes to the security plan must be submitted by the
1523licensee to the commission prior to implementation. The
1524commission shall furnish copies of the security plan and changes
1525in the plan to the Department of Law Enforcement.
1526     (7)  Create and file with the commission a written policy
1528     (a)  Creating opportunities to purchase from vendors in
1529this state, including minority vendors.
1530     (b)  Creating opportunities for the employment of residents
1531of this state, including minority residents.
1532     (c)  Ensuring opportunities for obtaining construction
1533services from minority contractors.
1534     (d)  Ensuring that opportunities for employment are offered
1535on an equal, nondiscriminatory basis.
1536     (e)  Training employees on responsible gaming and working
1537with a compulsive or addictive gambling prevention program.
1538     (f)  Implementing a drug-testing program that includes, but
1539is not limited to, requiring each employee to sign an agreement
1540that he or she understands that the resort is a drug-free
1542     (g)  Using the Internet-based job-listing system of the
1543Agency for Workforce Innovation in advertising employment
1545     (h)  Ensuring that the payout percentage of each slot
1546machine is at least 85 percent.
1547     (8)  A resort licensee shall keep and maintain permanent
1548daily records of its limited gaming operations and shall
1549maintain such records for a period of not less than 5 years.
1550These records must include all financial transactions and
1551contain sufficient detail to determine compliance with the
1552requirements of the Resort Act. All records shall be available
1553for audit and inspection by the commission, the Department of
1554Law Enforcement, or other law enforcement agencies during the
1555resort licensee's regular business hours.
1556     Section 22.  Surety bond.-A destination resort licensee
1557must, at its own cost and expense, before the license is
1558delivered, give a bond in the penal sum to be determined by the
1559commission payable to the Governor of the state and her or his
1560successors in office. The bond must be issued by a surety or
1561sureties approved by the commission and the Chief Financial
1562Officer and the bond must be conditioned on the licensee
1563faithfully making the required payments to the Chief Financial
1564Officer in her or his capacity as treasurer of the commission,
1565keeping the licensee's books and records and make reports as
1566provided, and conducting its limited gaming activities in
1567conformity with the Resort Act. The commission shall fix the
1568amount of the bond at the total amount of annual license fees
1569and the taxes estimated to become due as determined by the
1570commission. In lieu of a bond, an applicant or licensee may
1571deposit with the commission a like amount of funds, a savings
1572certificate, a certificate of deposit, an investment
1573certificate, or a letter of credit from a bank, savings bank,
1574credit union, or savings and loan association situated in this
1575state which meets the requirements set for that purpose by the
1576Chief Financial Officer. If security is provided in the form of
1577a savings certificate, a certificate of deposit, or an
1578investment certificate, the certificate must state that the
1579amount is unavailable for withdrawal except upon order of the
1580commission. The commission may review the bond or other security
1581for adequacy and require adjustments, including increasing the
1582amount of the bond and other security. The commission may adopt
1583rules to administer this section and establish guidelines for
1584such bonds or other securities.
1585     Section 23.  Conduct of limited gaming.-
1586     (1)  Limited gaming may be conducted by a resort licensee,
1587subject to the following:
1588     (a)  The site of the limited gaming facility is limited to
1589the resort licensee's site location as approved by the
1591     (b)  Limited gaming may not be conducted by a resort
1592licensee until the resort is completed according to the proposal
1593approved by the commission.
1594     (c)  Notwithstanding any other provision of this chapter, a
1595facility's authorization to provide casino games as defined in
1596this chapter shall be based on infrastructure investment as
1598     1.  If the total infrastructure investment is $2 billion or
1599more, the licensee shall be eligible to provide any game allowed
1600in this chapter.
1601     2.  If the total infrastructure investment is at least $1
1602billion but less than $2 billion, the licensee shall be eligible
1603to provide slot machines, baccarat, twenty-one, video games of
1604chance, and poker.
1605     3.  If the total infrastructure investment is less than $1
1606billion, the licensee shall be eligible to provide slot machines
1607and poker.
1608     (d)  The commission's agents and employees may enter and
1609inspect a limited gaming facility or other facilities relating
1610to a resort licensee's gaming operations at any time for the
1611purpose of determining whether the licensee is in compliance
1612with the Resort Act.
1613     (e)  A resort licensee may lease or purchase gaming
1614devices, equipment, or supplies customarily used in conducting
1615gaming only from a licensed supplier.
1616     (f)  A resort licensee may not permit any form of wagering
1617on games except as permitted by the Resort Act.
1618     (g)  A resort licensee may receive wagers only from a
1619person present in the limited gaming facility.
1620     (h)  A resort licensee may not permit wagering using money
1621or other negotiable currency except for wagering on slot
1623     (i)  A resort licensee may not permit a person who is less
1624than 21 years of age to engage in gaming activity or remain in
1625an area of a limited gaming facility where gaming is being
1626conducted, except for a limited gaming employee of the resort
1627licensee who is at least 18 years of age.
1628     (j)  A resort licensee may not sell or distribute tokens,
1629chips, or electronic cards used to make wagers outside the
1630limited gaming facility. The tokens, chips, or electronic cards
1631may be purchased by means of an agreement under which the
1632licensee extends credit to a wagerer. The tokens, chips, or
1633electronic cards may be used only for the purpose of making
1634wagers on games within a limited gaming facility.
1635     (k)  All gaming activities must be conducted in accordance
1636with commission rules.
1637     (2)  A limited gaming facility may operate 24 hours per
1638day, every day of the year.
1639     (3)  A resort licensee may set the minimum and maximum
1640wagers on all games.
1641     (4)  A resort licensee shall give preference in employment,
1642reemployment, promotion, and retention to veterans and to the
1643persons included under s. 295.07(1), Florida Statutes, who
1644possess the minimum qualifications necessary to perform the
1645duties of the positions involved.
1646     (5)  A resort licensee shall use the E-Verify program, or a
1647similar program developed under the Immigration Reform and
1648Control Act of 1986 or the Illegal Immigration Reform and
1649Immigrant Responsibility Act of 1996, to verify the employment
1650eligibility of all prospective employees. Applicants for a
1651resort license must require that all contractors use such a
1652program to verify the employment eligibility of their
1653prospective employees.
1654     (6)  The commission shall renew a resort license if:
1655     (a)  The licensee has demonstrated an effort to increase
1656tourism, generate jobs, provide revenue to the local economy,
1657and provide revenue to the state General Revenue Fund.
1658     (b)  The commission has not suspended or revoked the
1659license of the licensee.
1660     (c)  The licensee continues to satisfy all the requirements
1661of the initial application for licensure.
1662     Section 24.  License fee; tax rate; disposition.-
1663     (1)  LICENSE FEE.-On the anniversary date of the issuance
1664of the initial resort license and annually thereafter, the
1665licensee must pay to the commission a nonrefundable annual
1666license fee of $2 million. The license shall be renewed
1667annually, unless the commission has revoked the license for a
1668violation of the Resort Act or rule of the commission. The
1669license fee shall be deposited into the Destination Resort Trust
1670Fund to be used by the commission and the Department of Law
1671Enforcement for investigations, regulation of limited gaming,
1672and enforcement of the Resort Act.
1673     (2)  GROSS RECEIPTS TAX.-
1674     (a)  Each resort licensee shall pay a gross receipts tax on
1675its gross receipts to the state. Upon completion of the resort
1676and before limited gaming may be conducted, the resort licensee
1677must submit proof, as required by the commission, of the total
1678investment made in the construction of the resort. Upon
1679submission of this information, the gross receipts tax rate
1680shall be set as follows:
1681     1.  If the total infrastructure investment is $2.5 billion
1682or more, the tax rate shall be 10 percent of the gross receipts.
1683     2.  If the total infrastructure investment is at least $1
1684billion but less than $2.5 billion, the tax rate shall be 15
1685percent of the gross receipts.
1686     3.  If the total infrastructure investment is less than $1
1687billion, the tax rate shall be 20 percent of the gross receipts.
1688     (b)  The gross receipts tax is in lieu of any other state
1689taxes on gross or adjusted gross receipts of a resort licensee.
1690     (3)  TAX PROCEEDS.-
1691     (a)  The gross receipts tax shall be deposited into the
1692Destination Resort Trust Fund and shall be used to fund the
1693operating costs of the commission pursuant to appropriations by
1694the Legislature.
1695     (b)  On June 30 of each year, all unappropriated funds in
1696excess of $5 million shall be deposited as follows:
1697     1.  Ninety-five percent shall be deposited into the General
1698Revenue Fund.
1699     2.  Two and 1/2 percent shall be deposited into the Tourism
1700Promotional Trust Fund for use by the Florida Commission on
1702     3.  One and 1/4 percent shall be deposited into the
1703Employment Security Administration Trust Fund for the benefit of
1704the school readiness program.
1705     4.  One and 1/4 percent shall be deposited into the
1706Transportation Disadvantaged Trust Fund for use by the
1707Commission for the Transportation Disadvantaged.
1708     Section 25.  Fingerprint requirements.-Any fingerprints
1709required to be taken under the Resort Act must be taken in a
1710manner approved by, and shall be submitted electronically by the
1711commission to, the Department of Law Enforcement. The Department
1712of Law Enforcement shall submit the results of the state and
1713national records check to the commission. The commission shall
1714consider the results of the state and national records check in
1715evaluating an application for any license.
1716     (1)  The cost of processing fingerprints and conducting a
1717criminal history record check shall be borne by the applicant.
1718The Department of Law Enforcement may submit a monthly invoice
1719to the commission for the cost of processing the fingerprints
1721     (2)  All fingerprints submitted to the Department of Law
1722Enforcement pursuant to the Resort Act shall be retained by the
1723Department of Law Enforcement and entered into the statewide
1724automated fingerprint identification system as authorized by s.
1725943.05(2)(b), Florida Statutes, and shall be available for all
1726purposes and uses authorized for arrest fingerprint cards
1727entered into the statewide automated fingerprint identification
1728system pursuant to s. 943.051, Florida Statutes.
1729     (3)  The Department of Law Enforcement shall search all
1730arrest fingerprints received pursuant to s. 943.051, Florida
1731Statutes, against the fingerprints retained in the statewide
1732automated fingerprint identification system. Any arrest record
1733that is identified with the retained fingerprints of a person
1734subject to the criminal history screening under the Resort Act
1735shall be reported to the commission. Each licensee shall pay a
1736fee to the commission for the cost of retention of the
1737fingerprints and the ongoing searches under this subsection. The
1738commission shall forward the payment to the Department of Law
1739Enforcement. The amount of the fee to be imposed for performing
1740these searches and the procedures for the retention of licensee
1741fingerprints shall be as established by rule of the Department
1742of Law Enforcement. The commission shall inform the Department
1743of Law Enforcement of any change in the license status of
1744licensees whose fingerprints are retained under subsection (2).
1745     (4)  The commission shall request the Department of Law
1746Enforcement to forward the fingerprints to the Federal Bureau of
1747Investigation for a national criminal history records check
1748every 3 years following issuance of a license. If the
1749fingerprints of a person who is licensed have not been retained
1750by the Department of Law Enforcement, the person must file
1751another set of fingerprints. The commission shall collect the
1752fees for the cost of the national criminal history record check
1753under this subsection and shall forward the payment to the
1754Department of Law Enforcement. The cost of processing
1755fingerprints and conducting a criminal history record check
1756under this paragraph shall be borne by the licensee or
1757applicant. The Department of Law Enforcement may submit an
1758invoice to the commission for the fingerprints submitted each
1759month. Under penalty of perjury, each person who is licensed or
1760who is fingerprinted as required by this section must agree to
1761inform the commission within 48 hours if he or she is convicted
1762of or has entered a plea of guilty or nolo contendere to any
1763disqualifying offense, regardless of adjudication.
1764     Section 26.  Compulsive or addictive gambling prevention
1766     (1)  A resort licensee shall offer training to employees on
1767responsible gaming and shall work with a compulsive or addictive
1768gambling prevention program to recognize problem gaming
1769situations and to implement responsible gaming programs and
1771     (2)  The commission shall, subject to competitive bidding,
1772contract for services relating to the prevention of compulsive
1773and addictive gambling. The contract shall provide for an
1774advertising program to encourage responsible gaming practices
1775and to publicize a gambling telephone help line. Such
1776advertisements must be made both publicly and inside the
1777resort's limited gaming facility. The terms of any contract for
1778such services shall include accountability standards that must
1779be met by any private provider. The failure of any private
1780provider to meet any material terms of the contract, including
1781the accountability standards, constitutes a breach of contract
1782or is grounds for nonrenewal. The commission may consult with
1783the Department of the Lottery or the Department of Business and
1784Professional Regulation in the development of the program and
1785the development and analysis of any procurement for contractual
1786services for the compulsive or addictive gambling prevention
1788     (3)  The compulsive or addictive gambling prevention
1789program shall be funded from an annual nonrefundable regulatory
1790fee of $250,000 paid by each resort licensee to the commission.
1791     Section 27.  Suppliers' licenses.-
1792     (1)  A person must have a supplier's license in order to
1793furnish on a regular or continuing basis to a resort licensee or
1794an applicant for a resort license gaming equipment, devices, or
1795supplies or other goods or services regarding the realty,
1796construction, maintenance, or business of a proposed or existing
1797resort facility. This requirement includes, but is not limited
1798to, junket enterprises, security businesses, manufacturers,
1799distributors, persons who service gaming devices or equipment,
1800garbage haulers, maintenance companies, food purveyors, and
1801construction companies.
1802     (2)  An applicant for a supplier's license must apply to
1803the commission on forms adopted by the commission by rule. The
1804licensing fee for the initial and annual renewal of the license
1805is $5,000.
1806     (3)  An applicant for a supplier's license must include in
1807the application the fingerprints of the persons identified by
1808commission rule for the processing of state and national
1809criminal history record checks.
1810     (4)(a)  An applicant for a supplier's license is not
1811eligible for licensure if:
1812     1.  A person for whom fingerprinting is required under
1813subsection (3) has been convicted of a felony under the laws of
1814this or any other state or the United States;
1815     2.  The applicant knowingly submitted false information in
1816the application for a supplier's license;
1817     3.  The applicant is a member of the commission;
1818     4.  The applicant is not a natural person and an officer,
1819director, or managerial employee of that person is a person
1820defined in subparagraphs 1.-3.;
1821     5.  The applicant is not a natural person and an employee
1822of the applicant participates in the management or operation of
1823limited gaming authorized under the Resort Act; or
1824     6.  The applicant has had a license to own or operate a
1825resort facility or pari-mutuel facility in this or a similar
1826license in any other jurisdiction revoked.
1827     (b)  The commission may revoke a supplier's license at any
1828time it determines that the licensee no longer satisfies the
1829eligibility requirements in this subsection.
1830     (5)  The commission may deny an application for a
1831supplier's license for any person:
1832     (a)  Who is not qualified to perform the duties required of
1833the applicant;
1834     (b)  Who fails to disclose information or knowingly submits
1835false information in the application;
1836     (c)  Who has violated the Resort Act or rules of the
1837commission; or
1838     (d)  Who has had a gaming-related license or application
1839suspended, restricted, revoked, or denied for misconduct in any
1840other jurisdiction.
1841     (6)  A supplier licensee shall:
1842     (a)  Furnish to the commission a list of all gaming
1843equipment, devices, and supplies it offers for sale or lease in
1844connection with limited gaming authorized in the Resort Act;
1845     (b)  Keep books and records documenting the furnishing of
1846gaming equipment, devices, and supplies to resort licensees
1847separate and distinct from any other business that the supplier
1849     (c)  File quarterly returns with the commission listing all
1850sales or leases of gaming equipment, devices, or supplies to
1851resort licensees;
1852     (d)  Permanently affix its name to all gaming equipment,
1853devices, or supplies sold or leased to licensees; and
1854     (e)  File an annual report listing its inventories of
1855gaming equipment, devices, and supplies.
1856     (7)  All gaming devices, equipment, or supplies furnished
1857by a licensed supplier must conform to standards adopted by
1858commission rule.
1859     (8)(a)  The commission may suspend, revoke, or restrict the
1860supplier's license of a licensee:
1861     1.  Who violates the Resort Act or the rules of the
1862commission; or
1863     2.  Who defaults on the payment of any obligation or debt
1864due to this state or a county.
1865     (b)  The commission must revoke the supplier's license of a
1866licensee for any cause that, if known to the commission, would
1867have disqualified the applicant from receiving a license.
1868     (9)  A supplier's licensee may repair gaming equipment,
1869devices, or supplies in a facility owned or leased by the
1871     (10)  Gaming devices, equipment, or supplies owned by a
1872supplier's licensee which are used in an unauthorized gaming
1873operation shall be forfeited to the county where the equipment
1874is found.
1875     (11)  The commission may revoke the license or deny the
1876application for a supplier's license of a person who fails to
1877comply with this section.
1878     (12)  A person who knowingly makes a false statement on an
1879application for a supplier's license commits a misdemeanor of
1880the first degree, punishable as provided in s. 775.082 or s.
1881775.083, Florida Statutes.
1882     Section 28.  Occupational licenses.-
1883     (1)  The Legislature finds that, due to the nature of their
1884employment, some gaming employees require heightened state
1885scrutiny, including licensing and criminal history record
1887     (2)  Any person who desires to be a gaming employee and has
1888a bona fide offer of employment from a licensed gaming entity
1889shall apply to the commission for an occupational license. A
1890person may not be employed as a gaming employee unless that
1891person holds an appropriate occupational license issued under
1892this section. The commission may adopt rules to reclassify a
1893category of nongaming employees or gaming employees upon a
1894finding that the reclassification is in the public interest and
1895consistent with the objectives of the Resort Act.
1896     (3)  An applicant for a occupational license must apply to
1897the commission on forms adopted by the commission by rule. An
1898occupational license is valid for 1 year following issuance. The
1899application must be accompanied by the licensing fee set by the
1900commission. The licensing fee may not exceed $50 for an employee
1901of a resort licensee.
1902     (a)  The applicant shall set forth in the application
1903whether the applicant:
1904     1.  Has been issued a gaming-related license in any
1906     2.  Has been issued a gaming-related license in any other
1907jurisdiction under any other name and, if so, the name and the
1908applicant's age at the time of licensure.
1909     3.  Has had a permit or license issued by another
1910jurisdiction suspended, restricted, or revoked and, if so, for
1911what period of time.
1912     (b)  An applicant for an occupational license must include
1913his or her fingerprints in the application.
1914     (4)  To be eligible for an occupational license, an
1915applicant must:
1916     (a)  Be at least 21 years of age to perform any function
1917directly relating to limited gaming by patrons;
1918     (b)  Be at least 18 years of age to perform nongaming
1920     (c)  Not have been convicted of a felony or a crime
1921involving dishonesty or moral turpitude in any jurisdiction; and
1922     (d)  Meet the standards for the occupational license as
1923provided in commission rules.
1924     (5)  The commission must deny an application for an
1925occupational license for any person:
1926     (a)  Who is not qualified to perform the duties required of
1927the applicant;
1928     (b)  Who fails to disclose or knowingly submits false
1929information in the application;
1930     (c)  Who has violated the Resort Act; or
1931     (d)  Who has had a gaming-related license or application
1932suspended, restricted, revoked, or denied in any other
1934     (6)(a)  The commission may suspend, revoke, or restrict the
1935occupational license of a licensee:
1936     1.  Who violates the Resort Act or the rules of the
1938     2.  Who defaults on the payment of any obligation or debt
1939due to this state or a county; or
1940     3.  For any just cause.
1941     (b)  The commission shall revoke the occupational license
1942of a licensee for any cause that, if known to the commission,
1943would have disqualified the applicant from receiving a license.
1944     (7)  Any training provided for an occupational licensee may
1945be conducted in the facility of a resort licensee or at a school
1946with which the resort licensee has entered into an agreement for
1947that purpose.
1948     (8)  A person who knowingly makes a false statement on an
1949application for an occupational license commits a misdemeanor of
1950the first degree, punishable as provided in s. 775.082 or s.
1951775.083, Florida Statutes.
1952     Section 29.  Temporary supplier's license; temporary
1953occupational license.-
1954     (1)  Upon the written request of an applicant for a
1955supplier's license or an occupational license, the executive
1956director shall issue a temporary license to the applicant and
1957permit the applicant to undertake employment with or provide
1958gaming equipment, devices, or supplies or other goods or
1959services to a resort licensee or an applicant for a resort
1960license if:
1961     (a)  The applicant has submitted a completed application,
1962an application fee, all required disclosure forms, and other
1963required written documentation and materials;
1964     (b)  A preliminary review of the application and the
1965criminal history record check does not reveal that the applicant
1966or a person subject to a criminal history record check has been
1967convicted of a crime that would require denial of the
1969     (c)  A deficiency does not appear to exist in the
1970application which may require denial of the application; and
1971     (d)  The applicant has an offer of employment from, or an
1972agreement to begin providing gaming devices, equipment, or
1973supplies or other goods and services to, a resort licensee or an
1974applicant for a resort license, or the applicant for a temporary
1975license shows good cause for being granted a temporary license.
1976     (2)  A temporary occupational license or supplier's license
1977may not be valid for more than 90 days.
1978     (3)  An applicant who receives a temporary license may
1979undertake employment with or supply a resort licensee with
1980gaming devices, equipment, or supplies or other goods or
1981services until a license is issued or denied or until the
1982temporary license expires or is suspended or revoked.
1983     Section 30.  Quarterly report.-The commission shall file
1984quarterly reports with the Governor, the President of the
1985Senate, and the Speaker of the House of Representatives covering
1986the previous fiscal quarter. The report must include:
1987     (1)  A statement of receipts and disbursements related to
1988limited gaming;
1989     (2)  A summary of disciplinary actions taken by the
1990commission; and
1991     (3)  Any additional information and recommendations that
1992the commission believes may improve the regulation of limited
1993gaming or increase the economic benefits of limited gaming to
1994this state.
1995     Section 31.  Hearings by the commission.-
1996     (1)  The chair of the commission may participate in any
1997proceeding pending before the commission when administrative
1998duties and time permit. In order to distribute the workload and
1999expedite the commission's calendar, the chair, in addition to
2000other administrative duties, may assign the various proceedings
2001pending before the commission requiring hearings to two or more
2002commissioners. Only those commissioners assigned to a proceeding
2003requiring hearings may participate in the final decision of the
2004commission as to that proceeding. However, if only two
2005commissioners are assigned to a proceeding requiring a hearing
2006and they cannot agree on a final decision, the chair shall cast
2007the deciding vote for final disposition of the proceeding. If
2008more than two commissioners are assigned to any proceeding, a
2009majority of the members assigned shall constitute a quorum and a
2010majority vote of the members assigned shall be essential to
2011final commission disposition of those proceedings. If a
2012commissioner becomes unavailable after assignment to a
2013particular proceeding, the chair must assign a substitute
2014commissioner. A petition for reconsideration must be voted upon
2015by those commissioners participating in the final disposition of
2016the proceeding.
2017     (2)  A majority of the commissioners may determine that the
2018full commission will sit in any proceeding. Any party to a
2019proceeding may file a petition requesting that the proceeding be
2020assigned to the full commission. Within 15 days after receipt by
2021the commission of any petition, the full commission must dispose
2022of such petition by majority vote and render a written decision
2023before the matter may be heard by less than the full commission.
2024     (3)  This section does not prohibit a commissioner
2025designated by the chair from conducting a hearing as provided
2026under ss. 120.569 and 120.57(1), Florida Statutes, and the rules
2027of the commission.
2028     Section 32.  Resolution of disputes between licensees and
2030     (1)  Whenever a resort licensee has a dispute with a patron
2031which is not resolved to the satisfaction of the patron and
2033     (a)  Alleged winnings, alleged losses, or the award or
2034distribution of cash, prizes, benefits, tickets, or any other
2035item or items in a game, tournament, contest, drawing,
2036promotion, race, or similar activity or event; or
2037     (b)  The manner in which a game, tournament, contest,
2038drawing, promotion, race, or similar activity or event was
2041the licensee must immediately notify the commission of the
2042dispute if the amount disputed is $500 or more. If the dispute
2043involves an amount less than $500, the licensee must immediately
2044notify the patron of his or her right to file a complaint with
2045the commission.
2046     (2)  Upon notice of a dispute or receipt of a complaint,
2047the commission shall conduct any investigation it deems
2048necessary and may order the licensee to make a payment to the
2049patron upon a finding that the licensee is liable for the
2050disputed amount. The decision of the commission is effective on
2051the date the aggrieved party receives notice of the decision.
2052Notice of the decision is deemed sufficient if it is mailed to
2053the last known address of the licensee and the patron. The
2054notice is deemed to have been received by the resort licensee or
2055the patron 5 days after it is deposited with the United States
2056Postal Service with postage prepaid.
2057     (3)  The failure of a resort licensee to notify the
2058commission of the dispute or the patron of the right to file a
2059complaint is grounds for disciplinary action.
2060     Section 33.  Enforcement of credit instruments.-
2061     (1)  A credit instrument and the debt that instrument
2062represents are valid and may be enforced by legal process.
2063     (2)  A resort licensee may accept an incomplete credit
2064instrument that:
2065     (a)  Is signed by the patron; and
2066     (b)  States the amount of the debt in numbers, and may
2067complete the instrument as is necessary for the instrument to be
2068presented for payment.
2069     (3)  A resort licensee may accept a credit instrument that
2070is payable to an affiliate or may complete a credit instrument
2071payable to an affiliate if the credit instrument otherwise
2072complies with this section and the records of the affiliate
2073pertaining to the credit instrument are made available to the
2074commission upon request.
2075     (4)  A resort licensee may accept a credit instrument
2076before, during, or after the patron incurs the debt. The credit
2077instrument and the debt that the instrument represents are
2078enforceable without regard to whether the credit instrument was
2079accepted before, during, or after the incurring of the debt.
2080     (5)  This section does not prohibit the establishment of an
2081account by a deposit of cash, recognized traveler's check, or
2082any other instrument that is equivalent to cash.
2083     (6)  If a credit instrument is lost or destroyed, the debt
2084represented by the credit instrument may be enforced if the
2085resort licensee or person acting on behalf of the licensee can
2086prove the existence of the credit instrument.
2087     (7)  The existence of a mental disorder in a patron who
2088provides a credit instrument to a resort licensee:
2089     (a)  Is not a defense in any action by a resort licensee to
2090enforce a credit instrument or the debt that the credit
2091instrument represents.
2092     (b)  Is not a valid counterclaim in an action to enforce
2093the credit instrument or the debt that the credit instrument
2095     (8)  The failure of a resort licensee to comply with the
2096provisions of this section or commission rules does not
2097invalidate a credit instrument or affect its ability to enforce
2098the credit instrument or the debt that the credit instrument
2100     (9)  The commission may adopt rules prescribing the
2101conditions under which a credit instrument may be redeemed or
2102presented to a bank or credit union for collection or payment.
2103     Section 34.  Voluntary self-exclusion from a limited gaming
2105     (1)  A person may request that he or she be excluded from
2106limited gaming facilities in this state by personally submitting
2107a Request for Voluntary Self-exclusion from Limited Gaming
2108Facilities Form to the commission. The form must require the
2109person requesting exclusion to:
2110     (a)  State his or her:
2111     1.  Name, including any aliases or nicknames;
2112     2.  Date of birth;
2113     3.  Current residential address;
2114     4.  Telephone number;
2115     5.  Social security number; and
2116     6.  Physical description, including height, weight, gender,
2117hair color, eye color, and any other physical characteristic
2118that may assist in the identification of the person.
2120A self-excluded person must update the information in this
2121paragraph on forms supplied by the commission within 30 days
2122after any change.
2123     (b)  Select one of the following as the duration of the
2125     1.  One year.
2126     2.  Five years.
2127     3.  Lifetime.
2128     (c)  Execute a release in which the person:
2129     1.  Acknowledges that the request for exclusion has been
2130made voluntarily.
2131     2.  Certifies that the information provided in the request
2132for self-exclusion is true and correct.
2133     3.  Acknowledges that the individual requesting self-
2134exclusion is a problem gambler.
2135     4.  Acknowledges that a person requesting a lifetime
2136exclusion will not be removed from the self-exclusion list and
2137that a person requesting a 1-year or 5-year exclusion will
2138remain on the self-exclusion list until a request for removal is
2139approved by the commission.
2140     5.  Acknowledges that, if the individual is discovered on
2141the gaming floor of a limited gaming facility, the individual
2142may be removed and may be arrested and prosecuted for criminal
2144     6.  Releases, indemnifies, holds harmless, and forever
2145discharges the state, commission, and all licensee from any
2146claims, damages, losses, expenses, or liability arising out of,
2147by reason of or relating to the self-excluded person or to any
2148other party for any harm, monetary or otherwise, which may arise
2149as a result of one or more of the following:
2150     a.  The failure of a resort licensee to withhold gaming
2151privileges or restore gaming privileges to a self-excluded
2153     b.  Permitting or prohibiting a self-excluded person from
2154engaging in gaming activity in a limited gaming facility.
2155     (2)  A person submitting a self-exclusion request must
2156present to the commission a government-issued form of
2157identification containing the person's signature.
2158     (3)  The commission shall take a photograph of a person
2159requesting self-exclusion at the time the person submits a
2160request for self-exclusion.
2161     Section 35.  Section 849.15, Florida Statutes, is amended
2162to read:
2163     849.15  Manufacture, sale, possession, etc., of coin-
2164operated devices prohibited.-
2165     (1)  It is unlawful:
2166     (a)  To manufacture, own, store, keep, possess, sell, rent,
2167lease, let on shares, lend or give away, transport, or expose
2168for sale or lease, or to offer to sell, rent, lease, let on
2169shares, lend or give away, or permit the operation of, or for
2170any person to permit to be placed, maintained, or used or kept
2171in any room, space, or building owned, leased or occupied by the
2172person or under the person's management or control, any slot
2173machine or device or any part thereof; or
2174     (b)  To make or to permit to be made with any person any
2175agreement with reference to any slot machine or device, pursuant
2176to which the user thereof, as a result of any element of chance
2177or other outcome unpredictable to him or her, may become
2178entitled to receive any money, credit, allowance, or thing of
2179value or additional chance or right to use such machine or
2180device, or to receive any check, slug, token or memorandum
2181entitling the holder to receive any money, credit, allowance or
2182thing of value.
2183     (2)  Pursuant to section 2 of that chapter of the Congress
2184of the United States entitled "An act to prohibit transportation
2185of gaming devices in interstate and foreign commerce," approved
2186January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
2187designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
2188acting by and through the duly elected and qualified members of
2189its Legislature, does hereby in this section, and in accordance
2190with and in compliance with the provisions of section 2 of such
2191chapter of Congress, declare and proclaim that any county of the
2192State of Florida within which slot machine gaming is authorized
2193pursuant to the Destination Resort Act, sections 3 through 35 of
2194this act or chapter 551 is exempt from the provisions of section
21952 of that chapter of the Congress of the United States entitled
2196"An act to prohibit transportation of gaming devices in
2197interstate and foreign commerce," designated as 15 U.S.C. ss.
21981171-1177, approved January 2, 1951. All shipments of gaming
2199devices, including slot machines, into any county of this state
2200within which slot machine gaming is authorized pursuant to the
2201Destination Resort Act, sections 3 through 35 of this act or
2202chapter 551 and the registering, recording, and labeling of
2203which have been duly performed by the manufacturer or
2204distributor thereof in accordance with sections 3 and 4 of that
2205chapter of the Congress of the United States entitled "An act to
2206prohibit transportation of gaming devices in interstate and
2207foreign commerce," approved January 2, 1951, being ch. 1194, 64
2208Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
2209shall be deemed legal shipments thereof into this state provided
2210the destination of such shipments is an eligible facility as
2211defined in s. 551.102, or the facility of a slot machine
2212manufacturer or slot machine distributor as provided in s.
2213551.109(2)(a), or the facility of a resort licensee or supplier
2214licensee under the Destination Resort Act, sections 3 through 35
2215of this act.
2216     Section 36.  Section 849.231, Florida Statutes, is amended
2217to read:
2218     849.231  Gambling devices; manufacture, sale, purchase or
2219possession unlawful.-
2220     (1)  Except in instances when the following described
2221implements or apparatus are being held or transported by
2222authorized persons for the purpose of destruction, as
2223hereinafter provided, and except in instances when the following
2224described instruments or apparatus are being held, sold,
2225transported, or manufactured by persons who have registered with
2226the United States Government pursuant to the provisions of Title
222715 of the United States Code, ss. 1171 et seq., as amended, so
2228long as the described implements or apparatus are not displayed
2229to the general public, sold for use in Florida, or held or
2230manufactured in contravention of the requirements of 15 U.S.C.
2231ss. 1171 et seq., it shall be unlawful for any person to
2232manufacture, sell, transport, offer for sale, purchase, own, or
2233have in his or her possession any roulette wheel or table, faro
2234layout, crap table or layout, chemin de fer table or layout,
2235chuck-a-luck wheel, bird cage such as used for gambling, bolita
2236balls, chips with house markings, or any other device,
2237implement, apparatus, or paraphernalia ordinarily or commonly
2238used or designed to be used in the operation of gambling houses
2239or establishments, excepting ordinary dice and playing cards.
2240     (2)  In addition to any other penalties provided for the
2241violation of this section, any occupational license held by a
2242person found guilty of violating this section shall be suspended
2243for a period not to exceed 5 years.
2244     (3)  This section and s. 849.05 do not apply to a vessel of
2245foreign registry or a vessel operated under the authority of a
2246country except the United States, while docked in this state or
2247transiting in the territorial waters of this state.
2248     (4)  This section does not apply to limited gaming as
2249authorized by the Destination Resort Act, sections 3 through 35
2250of this act.
2251     Section 37.  Section 849.25, Florida Statutes, is amended
2252to read:
2253     849.25  "Bookmaking" defined; penalties; exceptions.-
2254     (1)(a)  The term "bookmaking" means the act of taking or
2255receiving, while engaged in the business or profession of
2256gambling, any bet or wager upon the result of any trial or
2257contest of skill, speed, power, or endurance of human, beast,
2258fowl, motor vehicle, or mechanical apparatus or upon the result
2259of any chance, casualty, unknown, or contingent event
2261     (b)  The following factors shall be considered in making a
2262determination that a person has engaged in the offense of
2264     1.  Taking advantage of betting odds created to produce a
2265profit for the bookmaker or charging a percentage on accepted
2267     2.  Placing all or part of accepted wagers with other
2268bookmakers to reduce the chance of financial loss.
2269     3.  Taking or receiving more than five wagers in any single
2271     4.  Taking or receiving wagers totaling more than $500 in
2272any single day, or more than $1,500 in any single week.
2273     5.  Engaging in a common scheme with two or more persons to
2274take or receive wagers.
2275     6.  Taking or receiving wagers on both sides on a contest
2276at the identical point spread.
2277     7.  Any other factor relevant to establishing that the
2278operating procedures of such person are commercial in nature.
2279     (c)  The existence of any two factors listed in paragraph
2280(b) may constitute prima facie evidence of a commercial
2281bookmaking operation.
2282     (2)  Any person who engages in bookmaking commits shall be
2283guilty of a felony of the third degree, punishable as provided
2284in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the
2285provisions of s. 948.01, any person convicted under the
2286provisions of this subsection shall not have adjudication of
2287guilt suspended, deferred, or withheld.
2288     (3)  Any person who has been convicted of bookmaking and
2289thereafter violates the provisions of this section commits shall
2290be guilty of a felony of the second degree, punishable as
2291provided in s. 775.082, s. 775.083, or s. 775.084.
2292Notwithstanding the provisions of s. 948.01, any person
2293convicted under the provisions of this subsection shall not have
2294adjudication of guilt suspended, deferred, or withheld.
2295     (4)  Notwithstanding the provisions of s. 777.04, any
2296person who is guilty of conspiracy to commit bookmaking is shall
2297be subject to the penalties imposed by subsections (2) and (3).
2298     (5)  This section does shall not apply to pari-mutuel
2299wagering in Florida as authorized under chapter 550.
2300     (6)  This section does shall not apply to any prosecutions
2301filed and pending at the time of the passage hereof, but all
2302such cases shall be disposed of under existing laws at the time
2303of the institution of such prosecutions.
2304     (7)  This section does not apply to limited gaming as
2305authorized in the Destination Resort Act, sections 3 through 35
2306of this act.
2307     Section 38.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.