| 1 | The Business Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to impact of slot machine gaming; creating |
| 7 | s. 551.1062, F.S.; requiring an annual fee to be |
| 8 | established by the Division of Pari-mutuel Wagering and |
| 9 | collected from slot machine gaming facilities to mitigate |
| 10 | the impact of slot machine gaming on neighboring |
| 11 | municipalities; defining "neighboring municipality"; |
| 12 | providing for the use of the revenue collected; providing |
| 13 | procedures for collection and distribution by the division |
| 14 | to neighboring municipalities; providing for mediation of |
| 15 | disputes; providing for adoption of rules; providing an |
| 16 | effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 551.1062, Florida Statutes, is created |
| 21 | to read: |
| 22 | 551.1062 Mitigation of impact; fee; mediation.-- |
| 23 | (1) An annual fee not to exceed $1,000, established by the |
| 24 | division, is imposed upon each slot machine approved for use at |
| 25 | any eligible facility whose boundaries are not more than 1 mile |
| 26 | from any neighboring municipality. As used in this section, the |
| 27 | term "neighboring municipality" means a municipality that does |
| 28 | not have an eligible facility but is within 1 mile of an |
| 29 | eligible facility and will have public works and traffic impacts |
| 30 | and public safety, police, and fire and rescue impacts that are |
| 31 | demonstrated by a significant increase in the number of aid |
| 32 | calls to the affected municipality that are not currently |
| 33 | funded. "Neighboring municipality" also means a municipality |
| 34 | that does not have an eligible facility but is within 2.5 miles |
| 35 | of any boundary of any two eligible facilities and will have |
| 36 | public works and traffic impacts and public safety, police, and |
| 37 | fire and rescue impacts that are demonstrated by a significant |
| 38 | increase in the number of aid calls to the affected municipality |
| 39 | that are not currently funded. Revenue from the fees imposed by |
| 40 | this section must be used by the neighboring municipality to |
| 41 | fund the adverse public health, safety, and welfare and public |
| 42 | works and traffic impacts that will be caused by the |
| 43 | implementation of s. 23, Art. X of the State Constitution and |
| 44 | that will occur as a direct result of slot machine operations. |
| 45 | (2) The fee required in subsection (1) must be remitted to |
| 46 | the division by February 1 of each year based on the number of |
| 47 | slot machines approved for operation by the division as of |
| 48 | January 1 of that year. The fee shall be deposited into the |
| 49 | Pari-mutuel Wagering Trust Fund and shall be accounted for |
| 50 | separately from taxes or fees paid pursuant to the provisions of |
| 51 | chapter 550 and this chapter and shall not be subject to the |
| 52 | provisions of s. 550.135(2). These revenues shall be distributed |
| 53 | on a pro rata basis by the division to any neighboring |
| 54 | municipality that has provided evidence to the division of |
| 55 | significant local impacts from slot machine operations during |
| 56 | the prior year. |
| 57 | (3)(a) The division may contract with public or private |
| 58 | entities to mediate disputes between the eligible facility or |
| 59 | facilities and the neighboring municipality or municipalities of |
| 60 | local impacts from slot machine operations. Eligible facilities |
| 61 | are only responsible for impacts occurring within their |
| 62 | neighboring municipality as defined in subsection (1). Mediation |
| 63 | shall be conducted informally and shall not require the use of |
| 64 | formal rules of evidence or procedure. The division shall choose |
| 65 | a mediator from a list provided by an independent conflict |
| 66 | resolution organization, such as the Conflict Resolution |
| 67 | Consortium. Mediators may have no financial interest in or prior |
| 68 | relationship with any of the parties or their affiliated or |
| 69 | related entities or principals. |
| 70 | (b) At the conclusion of mediation proceedings, which |
| 71 | shall be within 60 days after the selection of a mediator, the |
| 72 | mediator shall present to the parties and the division a |
| 73 | recommendation concerning the distribution of revenue to a |
| 74 | municipality for local impacts from slot machine operations that |
| 75 | the mediator believes accurately addresses the rights and |
| 76 | obligations of the parties. The division shall implement the |
| 77 | recommendations of the mediator and make disbursements to the |
| 78 | municipality based on the mediator's recommendation within 30 |
| 79 | days after the recommendation is received by the division. The |
| 80 | provisions of this subsection do not preclude the right of |
| 81 | either party to appeal the division's actions to an appropriate |
| 82 | court of jurisdiction. Each party shall pay its respective costs |
| 83 | of mediation and shall pay one-half of the costs of the |
| 84 | mediator, unless the parties otherwise agree. |
| 85 | (4) At the end of each fiscal year, any revenue remaining |
| 86 | in the trust fund for 3 years from deposits made pursuant to |
| 87 | subsection (1) shall be returned to the eligible facility if |
| 88 | disbursements of those funds to a neighboring municipality have |
| 89 | not been approved by the division. |
| 90 | (5) The division shall adopt rules pursuant to ss. |
| 91 | 120.536(1) and 120.54 to administer the provisions of this |
| 92 | section. |
| 93 | Section 2. This act shall take effect July 1, 2006. |