ENROLLED
2009 Legislature CS for CS for SB 788, 2nd Engrossed
2009788er
1
2 An act relating to gaming; creating s. 285.710, F.S.;
3 providing terms and conditions for a gaming compact
4 between the State of Florida and the Seminole Tribe of
5 Florida; defining terms; providing that the previous
6 compact between the Tribe and the Governor is not
7 approved or ratified by the Legislature; directing the
8 Governor to negotiate a gaming compact with the Tribe;
9 specifying requirements and minimum standards for the
10 compact; designating the Division of Pari-mutuel
11 Wagering of the Department of Business and
12 Professional Regulation to carry out the state’s
13 oversight responsibilities under the compact;
14 providing for Legislative approval of a negotiated
15 compact and amendments to the compact; providing that
16 the compact becomes void as the result of a judicial
17 decision or decision of the Secretary of the United
18 States Department of the Interior invalidating certain
19 provisions of the compact; providing for the deposit
20 of compact revenues into the Educational Enhancement
21 Trust Fund; providing legislative intent to review the
22 compact; specifying the date on which the authority of
23 the Governor to negotiate a compact expires; providing
24 Legislative intent to review the compact in 5 years;
25 specifying games that the Tribe is authorized to play
26 pursuant to the compact; directing the Governor to
27 negotiate agreements with Indian tribes in this state,
28 subject to approval by the Legislature, relating to
29 the application of state taxes on Indian lands;
30 requiring the release of certain revenues to the
31 state; creating s. 285.711, F.S.; authorizing the
32 Governor to negotiate and execute a compact between
33 the State of Florida and the Seminole Tribe of Florida
34 in the form provided; providing terms and conditions
35 for the gaming compact; defining terms; specifying
36 games that may be authorized for play pursuant to the
37 compact; specifying revenue sharing between the state
38 and the Tribe; limiting the number of facilities at
39 which gaming may occur and specifying the gaming
40 activities that can be conducted at specified
41 facilities; specifying the rules and regulations and
42 minimum requirements for the compact; providing for
43 state monitoring of the compact; specifying
44 requirements for a central computer system on gaming
45 facility premises; requiring that the system provide
46 the state with access to certain data; specifying the
47 authority of the state to oversee gaming activities by
48 the Tribe; requiring medical professionals employed at
49 the Tribe’s gaming facilities to have certain minimum
50 qualifications; requiring access for municipal or
51 county emergency medical services; specifying minimum
52 construction standards for the Tribe’s gaming
53 facilities; specifying minimum environmental
54 standards; providing for revenue sharing payments by
55 the Tribe to the state based on the Tribes net win
56 from covered games; providing for the reduction of the
57 Tribe’s net win on which revenue sharing is based
58 under certain circumstances; specifying procedures for
59 tort claims by patrons; requiring the Tribe to
60 maintain a minimum amount of general liability
61 insurance for tort claims; prohibiting the Tribe or
62 its insurer from invoking sovereign immunity under
63 certain circumstances; requiring the Tribe to waive
64 its sovereign immunity for disputes relating to the
65 compact; providing for the resolution of disputes
66 between the Tribe and the state; requiring presuit
67 arbitration of disputes relating to the compact;
68 requiring the Tribe to maintain nondiscriminatory
69 employment practices; requiring the Tribe to use its
70 best efforts to spend its revenue in this state;
71 specifying the term of the compact; amending s.
72 1013.737, F.S.; authorizing the state to pledge to use
73 revenues from gaming activities to repay bonds;
74 amending s. 550.002, F.S.; revising the definition of
75 the term “full schedule of live racing or games” in
76 reference to quarter horse permitholders; amending s.
77 550.01215, F.S.; removing an exception to the required
78 issuance date of licenses to conduct thoroughbred
79 racing performances; amending s. 550.054, F.S.;
80 providing for a jai alai permitholder meeting certain
81 conditions to apply to the Division of Pari-mutuel
82 Wagering to convert a permit to conduct jai alai to a
83 permit to conduct greyhound racing; directing the
84 division to issue a permit to conduct greyhound racing
85 if certain conditions are met; providing for the
86 relocation of certain permits; amending ss. 550.0951
87 and 550.09511, F.S.; revising requirements for the
88 payment of daily license fees and taxes; amending s.
89 550.09514, F.S.; conforming provisions to changes made
90 by the act; amending s. 550.105, F.S.; revising
91 provisions for business and occupational licenses;
92 providing for a determination of fees for such
93 licenses valid for more than 12 months; directing the
94 Division of Pari-mutuel Wagering to adopt rules for
95 licensing periods and renewal cycles; defining the
96 term “convicted” as it applies to occupational license
97 applicants; limiting application of the term
98 “conviction”; revising the time period that a
99 temporary occupational license may be valid; removing
100 a requirement that an applicant’s signature be
101 witnessed and notarized or signed in the presence of a
102 division official; providing for retention of
103 fingerprints and criminal history screening; providing
104 for payment of a fee for screenings; providing that
105 the fee be established by rule of the Department of
106 Law Enforcement; requiring that the cost of processing
107 fingerprints and conducting a national criminal
108 history record check for a general occupational
109 license be borne by the applicant and for a business
110 or professional occupational license be borne by the
111 person being checked; requiring licensees to disclose
112 certain convictions; amending s. 550.2415, F.S.;
113 revising provisions prohibiting cruelty to animals;
114 providing that the prohibition applies to any act of
115 cruelty involving any animal; authorizing the division
116 to inspect any area at a pari-mutuel facility for
117 certain purposes; amending s. 550.26165, F.S.;
118 providing for certain flexibility in the awards
119 programs of the Florida Thoroughbred Breeders’
120 Association in order to attract thoroughbred breeding
121 and training operations; prohibiting the association
122 from giving certain awards under certain
123 circumstances; amending s. 550.2625, F.S.; clarifying
124 provisions relating to owners’ awards; amending s.
125 550.334, F.S.; revising provisions for permits to
126 conduct quarter horse race meetings; removing
127 provisions for application to the Division of Pari
128 mutuel Wagering for a permit to conduct quarter horse
129 race meetings; removing provisions for granting a
130 license to conduct quarter horse racing; revising a
131 provision for governance and control of quarter horse
132 racing; revising authorization to substitute races of
133 other breeds of horses; providing for an exception to
134 a prohibition against the transfer or conversion of a
135 quarter horse permit; providing requirements for a
136 quarter horse racing permitholder to be eligible to
137 conduct intertrack wagering; providing requirements
138 for a quarter horse racing permitholder to be eligible
139 to operate a cardroom; removing certain provisions
140 restricting intertrack wagering; creating s. 550.3345,
141 F.S.; providing for the transfer of a quarter horse
142 racing permit to a not-for-profit corporation;
143 providing for membership and purpose of such
144 corporation; providing for conversion of such permit
145 to a limited thoroughbred permit; requiring net
146 revenues derived by the not-for-profit corporation to
147 be used for certain purposes relating to the
148 thoroughbred horse racing industry; prohibiting live
149 racing in certain locations during certain times;
150 providing licensure requirements; providing for a
151 change in location of the permit; prohibiting transfer
152 of the converted permit; providing for application of
153 state law to the permit and the corporation; providing
154 an exception to certain provisions for failure to pay
155 tax on handle; amending s. 550.3355, F.S.; revising
156 the time period for a harness track summer season;
157 repealing s. 550.3605, F.S., relating to use of
158 electronic transmitting equipment on the premises of a
159 horse or dog racetrack or jai alai fronton; amending
160 s. 550.5251, F.S.; revising provisions for licensing
161 to conduct thoroughbred racing; revising certain dates
162 relating to licensing and the thoroughbred racing
163 season; removing a provision for a summer thoroughbred
164 horse racing permit; providing an exception to
165 requirements relating to required races for
166 thoroughbred permitholders; removing expired
167 provisions relating to scheduled performances;
168 amending s. 551.102, F.S.; redefining the terms
169 “eligible facility” and “progressive system” to
170 include licensed facilities in other jurisdictions;
171 amending s. 551.104, F.S.; providing that the payout
172 percentage of a slot machine gaming facility must be
173 at least 85 percent; amending s. 551.106, F.S.;
174 revising the license fee and tax rate for slot machine
175 licensees; providing for minimum tax revenue from the
176 operation of slot machines; amending s. 551.121, F.S.;
177 clarifying a provision prohibiting the use of a
178 progressive system between licensed facilities;
179 amending s. 849.086, F.S.; revising requirements for
180 initial issuance of a cardroom license; requiring the
181 permitholder to be licensed to conduct a full schedule
182 of live racing or games during the state fiscal year
183 in which the initial cardroom license is issued;
184 revising provisions for renewal of a cardroom
185 occupational license; revising requirements for
186 occupational licensee’s criminal records check;
187 providing a limitation on occupational licensee fees;
188 permitting cardroom operators to operate 24 hours per
189 day; increasing certain wager and buy-in limits;
190 permitting charity tournaments under certain
191 conditions; amending ss. 772.102 and 895.02, F.S.;
192 correcting cross-references; providing effective
193 dates, one of which is contingent.
194
195 Be It Enacted by the Legislature of the State of Florida:
196
197 Section 1. Section 285.710, Florida Statutes, is created to
198 read:
199 285.710 Compact authorization.—
200 (1) Terms used in this section have the same meaning as
201 provided in s. 285.711.
202 (2) The agreement executed by the Governor and the Tribe on
203 November 14, 2007, published in the Federal Register on January
204 7, 2008, and subsequently invalidated by the Florida Supreme
205 Court in the case of Florida House of Representatives, et al.,
206 v. Crist, No. SC07-2154, is not ratified or approved by the
207 Legislature and is void.
208 (3) Subject to the limitations in s. 285.711, the Governor
209 is hereby authorized and directed to negotiate and execute a
210 compact on behalf of the State with the Tribe pursuant to the
211 federal Indian Gaming Regulatory Act of 1988, 18 U.S.C. ss.
212 1166-1168, and 25 U.S.C. s. 2701 et seq., and this act for the
213 purpose of authorizing class III gaming on Seminole lands within
214 this state. Any such compact shall not be deemed entered into by
215 the state unless and until it is ratified by the Legislature.
216 (4) The Governor is authorized to bind the State to any
217 amendment to the compact that is consistent with the terms and
218 standards in this section and s. 285.711, provided that any
219 amendment to provisions relating to covered games, the amount of
220 revenue sharing payments, suspension or reduction of payments,
221 or exclusivity shall require ratification by the Legislature.
222 (5)(a) The Governor shall provide a copy of the compact to
223 the President of the Senate and the Speaker of the House of
224 Representatives as soon as it is executed. The compact shall not
225 be submitted to the Department of the Interior by or on behalf
226 of the state or the Tribe until it has been ratified by the
227 Legislature.
228 (b) The Governor shall provide a copy of any amendment to
229 the compact to the President of the Senate and the Speaker of
230 the House of Representatives as soon as it is executed and
231 before or simultaneous with its submission to the Department of
232 the Interior, provided that any amendment requiring ratification
233 by the Legislature shall not be submitted to the Department of
234 the Interior for approval until such ratification has occurred.
235 (6) The Governor shall preserve all documents, if any,
236 which relate to the intent or interpretation of the compact, and
237 maintain such documents for at least the term of the compact.
238 (7) If any provision of the compact relating to covered
239 games, payments, suspension or reduction in payments, or
240 exclusivity is held by a court of competent jurisdiction or by
241 the Department of the Interior to be invalid, the compact is
242 void.
243 (8) In the event that a subsequent change to the Indian
244 Gaming Regulatory Act, or to an implementing regulation thereof,
245 mandates the retroactive application of such change without the
246 respective consent of the state or Tribe, the compact is void if
247 it materially alters the terms and standards in the compact
248 relating to the covered games, payments, suspension or reduction
249 of payments, or exclusivity.
250 (9) The Governor shall ensure that all revenue sharing
251 received pursuant to the compact and agreement executed by the
252 Governor and the Tribe on November 14, 2007, is deposited into
253 the Education Enhancement Trust Fund provided that, if necessary
254 to comply with any covenant established pursuant to s.
255 1013.68(4), s. 1013.70(1), or s. 1013.737(3), funds transferred
256 to the Educational Enhancement Trust Fund shall be first
257 available to pay debt service on lottery bonds issued to fund
258 school construction in the event lottery revenues are
259 insufficient for such purpose or to satisfy debt service reserve
260 requirements established in connection with lottery bonds.
261 (10) Except for the authority granted to the Governor in
262 subsections (4) and (13), the authority granted to the Governor
263 by this section and s. 285.711 expires at 11:59 p.m. on August
264 31, 2009.
265 (11) It is the intent of the Legislature to review a
266 compact entered into under the provisions of this section within
267 5 years after the compact is approved. It is the intent of the
268 Legislature to consider the authorization of additional Class
269 III games for operation by the Tribe based upon successful
270 implementation of the compact and the history of compliance with
271 the compact.
272 (12) The Division of Pari-mutuel Wagering of the Department
273 of Business and Professional Regulation is designated as the
274 state compliance agency having the authority to carry out the
275 state’s oversight responsibilities under a compact authorized by
276 this act.
277 (13)(a) The Governor is authorized and directed to execute
278 an agreement on behalf of the State of Florida with the Indian
279 tribes in this state, acting on a government-to-government
280 basis, to develop and implement a fair and workable arrangement
281 to apply state taxes on persons and transactions on Indian
282 lands. Such agreements shall address the imposition of specific
283 taxes, including sales taxes and exemptions from those taxes.
284 (b) The agreement shall address the Tribe’s collection and
285 remittance of sales taxes imposed by chapter 212 to the
286 Department of Revenue. The sales taxes collected and remitted by
287 the Tribe shall be based on all sales to non-tribal members,
288 except those non-tribal members who hold valid exemption
289 certificates issued by the Department of Revenue, exempting the
290 sales from taxes imposed by chapter 212.
291 (c) The agreement shall require the Tribe to register with
292 the Department of Revenue and remit to the Department of Revenue
293 the taxes collected.
294 (d) The agreement shall require the Tribe to retain for at
295 least a period of 5 years records of all sales to non-tribal
296 members which are subject to taxation under chapter 212. The
297 agreement shall permit the Department of Revenue to conduct an
298 audit not more often than annually in order to verify such
299 collections. The agreement shall require the Tribe to provide
300 reasonable access during normal operating hours to records of
301 transactions subject to the taxes collected.
302 (e) The agreement shall provide a procedure for the
303 resolution of any disputes about the amounts collected pursuant
304 to the agreement. For purposes of the agreement for the
305 collection and remittance of sales taxes, the agreement must
306 provide that the Tribe agrees to waive its immunity, except that
307 the state may seek monetary damages limited to the amount of
308 taxes owed.
309 (f) An agreement executed by the Governor pursuant to the
310 authority granted in this section shall not take effect unless
311 ratified by the Legislature.
312 (14) Any moneys remitted by the Tribe before the effective
313 date of a compact entered into by the State and the Tribe
314 pursuant to this act shall be deemed forfeited by the Tribe and
315 released to the state without further obligation or encumbrance.
316 The Legislature further finds that acceptance and appropriation
317 of such funds does not legitimize, validate, or otherwise ratify
318 any previously proposed compact or the operation of Class III
319 games by the Tribe for any period prior to the effective date of
320 a valid compact pursuant to this act.
321 (15) For the purpose of satisfying the requirement in 25
322 U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
323 under an Indian gaming compact must be permitted in the state
324 for any purpose by any person, organization, or entity, the
325 following Class III games or other games specified in this
326 section are hereby authorized to be conducted by the Tribe
327 pursuant to a compact that is substantially in the form provided
328 in s. 285.711:
329 (a) Slot machines, as defined in s. 551.102(8).
330 (b) Games of poker without betting limits if such games are
331 authorized in this state to any person for any purpose.
332 (c) Banking or banked card games, including baccarat,
333 chemin de fer, and blackjack or 21 at the tribal facilities in
334 Broward County and Hillsborough County.
335 (16) Notwithstanding any other provision of state law, it
336 is not a crime for a person to participate in the games
337 specified in subsection (15) at a tribal facility operating
338 under a compact entered into pursuant to this act.
339 Section 2. Section 285.711, Florida Statutes, is created to
340 read:
341 285.711 Gaming compact between the Seminole Tribe and the
342 State of Florida.—The Governor is authorized and directed to
343 negotiate and execute a gaming compact with the Seminole Tribe
344 of Florida on behalf of the State of Florida subject to
345 ratification by the Legislature, in the form substantially as
346 follows:
347
348 Gaming Compact Between the Seminole Tribe of Florida and the
349 State of Florida
350
351 This Compact is made and entered into by and between the
352 Seminole Tribe of Florida, a federally recognized Indian Tribe,
353 and the State of Florida, with respect to the operation of
354 covered games on the Tribe’s Indian lands as defined by the
355 Indian Gaming Regulatory Act, 25 U.S.C. ss. 2701 et seq.
356
357 PART I.
358 TITLE.—This Compact shall be referred to as the “Seminole
359 Tribe of Florida and State of Florida Gaming Compact.”
360
361 PART II.
362 RECITALS.—
363 A. The Seminole Tribe of Florida is a federally recognized
364 tribal government possessing sovereign powers and rights of
365 self-government.
366 B. The State of Florida is a state of the United States of
367 America possessing the sovereign powers and rights of a state.
368 C. The State of Florida and the Seminole Tribe of Florida
369 maintain a government-to-government relationship.
370 D. The United States Supreme Court has long recognized the
371 right of an Indian Tribe to regulate activity on lands within
372 its jurisdiction, but the Congress, through the Indian Gaming
373 Regulatory Act, has given states a role in the conduct of tribal
374 gaming in accordance with negotiated tribal-state compacts.
375 E. Pursuant to the Seminole Tribe Amended Gaming Ordinance,
376 adopted by Resolution No. C-195-06, and approved by the National
377 Indian Gaming Commission on July 10, 2006, hereafter referred to
378 as the Seminole Tribal Gaming Code, the Seminole Tribe of
379 Florida desires to offer the play of Covered Games, as defined
380 in Part III. of this Compact, as a means of generating revenues
381 for purposes authorized by the Indian Gaming Regulatory Act,
382 including without limitation the support of tribal governmental
383 programs, such as health care, housing, sewer and water
384 projects, police, fire suppression, general assistance for
385 tribal elders, day care for children, economic development,
386 educational opportunities, per capita payments to tribal
387 members, and other typical and valuable governmental services
388 and programs for tribal members.
389 F. It is in the best interest of the State of Florida to
390 enter into a compact with the Seminole Tribe of Florida. This
391 Compact will generally benefit Florida, while at the same time
392 limiting the expansion of gaming within the State. The State of
393 Florida also recognizes that the significant revenue
394 participation pursuant to the Compact in exchange for its
395 exclusivity provisions provide an opportunity to increase and
396 enhance the dollars available to spend on governmental programs
397 that benefit the citizens of Florida.
398 G. The agreement executed by the Seminole Tribe of Florida
399 and the Governor of Florida on November 14, 2007, published in
400 the Federal Register on January 7, 2008, and subsequently
401 invalidated by the Florida Supreme Court in the case of Florida
402 House of Representatives, et al., vs. Crist, No. SCO7-2154, is
403 void.
404
405 PART III.
406 DEFINITIONS.—As used in this Compact and the Appendices
407 thereto:
408 A. “Annual Oversight Assessment” means the assessment
409 described in Part XI., Section C. of this Compact.
410 B. “Class III gaming” means the forms of Class III gaming
411 defined in 25 U.S.C. s. 2703(8) and by the regulations of the
412 National Indian Gaming Commission in effect on January 1, 2009.
413 C. “Commission” means the Seminole Tribal Gaming
414 Commission, which is the tribal governmental agency that has the
415 authority to carry out the Tribe’s regulatory and oversight
416 responsibilities under this Compact.
417 D. “Compact” means the Seminole Tribe of Florida and State
418 of Florida Gaming Compact.
419 E. “Covered Game” or “Covered Gaming Activity” means the
420 following gaming activities:
421 1.(a) Slot machines, means any mechanical or electrical
422 contrivance, terminal that may or may not be capable of
423 downloading slot games from a central server system, machine, or
424 other device that, upon insertion of a coin, bill, ticket,
425 token, or similar object or upon payment of any consideration
426 whatsoever, including the use of any electronic payment system,
427 except a credit card or debit card, is available to play or
428 operate, the play or operation of which, whether by reason of
429 skill or application of the element of chance or both, may
430 deliver or entitle the person or persons playing or operating
431 the contrivance, terminal, machine, or other device to receive
432 cash, billets, tickets, tokens, or electronic credits to be
433 exchanged for cash or to receive merchandise or anything of
434 value whatsoever, whether the payoff is made automatically from
435 the machine or manually. The term includes associated equipment
436 necessary to conduct the operation of the contrivance, terminal,
437 machine, or other device. Slot machines may use spinning reels,
438 video displays, or both.
439 (b) If at any time, State law authorizes the use of
440 electronic payments systems utilizing credit or debit card
441 payment for the play or operation of slot machines for any
442 person, the Tribe shall be authorized to use such payment
443 systems;
444 2. No limit poker; and
445 3. Banking or banked card games, including baccarat, chemin
446 de fer and blackjack at the Facilities located in Broward County
447 and Hillsborough County as described in Part IV., Section B.,
448 subsections 2., 3., 6., and 7.
449
450 This definition specifically does not include roulette, craps,
451 roulette styled games, or craps-styled games.
452 F. “Covered Game Employee” or “Covered Employee” means any
453 individual employed and licensed by the Tribe whose
454 responsibilities include the rendering of services with respect
455 to the operation, maintenance or management of Covered Games,
456 including, but not limited to, the following: managers and
457 assistant managers; accounting personnel; Commission officers;
458 surveillance and security personnel; cashiers, supervisors, and
459 floor personnel; cage personnel; and any other employee whose
460 employment duties require or authorize access to areas of the
461 Facility related to the conduct of Covered Games or the
462 technical support or storage of Covered Game components. This
463 definition does not include the Tribe’s elected officials
464 provided that such individuals are not directly involved in the
465 operation, maintenance, or management of Covered Games or
466 Covered Games components.
467 G. “Documents” means books, records, electronic, magnetic
468 and computer media documents and other writings and materials,
469 copies thereof, and information contained therein.
470 H. “Effective Date” means the date on which the Compact
471 becomes effective pursuant to Part XVI., Section A. of this
472 Compact.
473 I. “Facility” or “Facilities” means any building of the
474 Tribe in which the Covered Games authorized by this Compact are
475 conducted on Indian lands as defined by the Indian Gaming
476 Regulatory Act.
477 J. “Guaranteed Minimum Payment” means the minimum payment
478 the Tribe agrees to make to the State as provided by Part XI. of
479 the Compact.
480 K. “Indian Gaming Regulatory Act” or “IGRA” means the
481 Indian Gaming Regulatory Act, Pub. L. No. 100-497, Oct. 17,
482 1988, 102 Stat. 2467, codified at 25 U.S.C. ss. 2701 et seq.,
483 and 18 U.S.C. ss. 1166-1168.
484 L. “Net Poker Income” means the total revenue from all
485 hands played, including buy-ins and rebuys.
486 M. “Net Win” means gross gaming revenue for Class III
487 games, which is the difference between gaming wins and losses,
488 before deducting costs and expenses.
489 N. “Non-tribal member” means a person who is not a bona
490 fide member of an Indian tribe as defined in 25 U.S.C. s.
491 2703(5).
492 O. “Patron” means any person who is on the premises of a
493 Facility, or who is entering the Tribe’s Indian lands for the
494 purpose of playing Covered Games authorized by this Compact.
495 P. “Reservation” means any of the seven Tribal locations
496 currently with gaming facilities, specifically enumerated in
497 Part IV., Section B.
498 Q. “Revenue Share” means the periodic payment by the Tribe
499 to the State provided for in Part XI., Sections A. and B. of
500 this Compact.
501 R. “Revenue Sharing Cycle” means the annual (12-month)
502 period of the Tribe’s operation of Covered Games in its
503 Facilities and whose first annual cycle shall commence on the
504 day the Tribe makes Covered Games available for public play in
505 its Facilities.
506 S. “Rules and regulations” means the rules and regulations
507 promulgated by the Commission for implementation of this
508 Compact.
509 T. “State” means the State of Florida.
510 U. “State Compliance Agency” or “SCA” means the Division of
511 Pari-mutuel Wagering of the Department of Business and
512 Professional Regulation, which is designated as the state agency
513 having the authority to carry out the state’s oversight
514 responsibilities under this compact.
515 V. “Tribe” means the Seminole Tribe of Florida or any
516 affiliate thereof conducting activities pursuant to this Compact
517 under the authority of the Seminole Tribe of Florida.
518
519 PART IV.
520 AUTHORIZATION AND LOCATION OF COVERED GAMES.—
521 A. The Tribe and State agree that the Tribe is authorized
522 to operate Covered Games on its Indian lands, as defined in the
523 Indian Gaming Regulatory Act, in accordance with the provisions
524 of this Compact. However, except for the provisions in Part XI.,
525 Section A. below, nothing in this Compact shall limit the
526 Tribe’s right to operate any game that is Class II under the
527 Indian Gaming Regulatory Act.
528 B. The Tribe is authorized to conduct Covered Games under
529 this Compact at only the following seven existing gaming
530 Facilities on Tribal lands, except as limited by Part III,
531 Section E., Subsection 3.:
532 1. Seminole Indian Casino on the Brighton Indian
533 Reservation in Okeechobee County.
534 2. Seminole Indian Casino in the City of Coconut Creek in
535 Broward County.
536 3. Seminole Indian Casino in the City of Hollywood in
537 Broward County.
538 4. Seminole Indian Casino in Immokalee in Collier County.
539 5. Seminole Indian Big Cypress Casino in the City of
540 Clewiston in Hendry County.
541 6. Seminole Hard Rock Hotel & Casino in the City of
542 Hollywood in Broward County.
543 7. Seminole Hard Rock Hotel & Casino in the City of Tampa
544 in Hillsborough County.
545 C. Any of the identified Facilities in Section B. may be
546 expanded or replaced by another Facility on the same reservation
547 with advance notice to the State of sixty (60) calendar days,
548 subject to the understanding that the number of existing
549 Facilities on each reservation and the number of reservations
550 upon which Class III gaming is authorized shall remain the same
551 as provided in Section B.
552
553 PART V.
554 RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR
555 OPERATIONS.—
556 A. At all times during the term of this Compact, the Tribe
557 shall be responsible for all duties which are assigned to it and
558 the Commission under this Compact. The Tribe shall promulgate
559 any rules and regulations necessary to implement this Compact,
560 which at a minimum shall expressly include or incorporate by
561 reference all provisions of this Part and the procedural
562 requirements of Part VI. of this Compact. Nothing in this
563 Compact shall be construed to affect the Tribe’s right to amend
564 its rules and regulations, provided that any such amendment
565 shall be in conformity with this Compact and subject to approval
566 by the SCA. The SCA may propose additional rules and regulations
567 consistent with and related to the implementation of this
568 Compact to the Commission at any time, and the Commission shall
569 give good faith consideration to such suggestions and shall
570 notify the SCA of its response or action with respect thereto.
571 B. All Facilities shall comply with, and all Covered Games
572 approved under this Compact shall be operated in accordance
573 with, the requirements set forth in this Compact, including, but
574 not limited to, those set forth in Sections C. and D. of this
575 Part and the Tribe’s Internal Control Policies and Procedures.
576 In addition, all Facilities and all Covered Games shall be
577 operated in strict compliance with tribal internal control
578 standards that provide a level of control that equals or exceeds
579 those set forth in the National Indian Gaming Commission’s
580 Minimum Internal Control Standards (25 C.F.R. Part 542), as the
581 same may be amended or supplemented from time to time.
582 C. The Tribe and the Commission shall retain all records in
583 compliance with the requirements set forth in the Record
584 Retention Policies and Procedures.
585 D. The Tribe will continue and maintain its program to
586 combat problem gambling and curtail compulsive gambling,
587 including work with the Florida Council on Compulsive Gambling
588 or other organizations dedicated to assisting problem gamblers.
589 The Tribe will continue to maintain the following safeguards
590 against problem gambling.
591 1. The Tribe shall make an annual donation to the Florida
592 Council on Compulsive Gambling in an amount not less than
593 $250,000 per Facility.
594 2. The Tribe will provide a comprehensive training and
595 education program designed in cooperation with the Florida
596 Council on Compulsive Gambling (or other organization dedicated
597 to assisting problem gamblers) to every new gaming employee.
598 3. The Tribe will make printed materials available to
599 Patrons, which include contact information for the Florida
600 Council on Compulsive Gambling 24-Hour Helpline (or other
601 hotline dedicated to assisting problem gamblers), and will work
602 with the Florida Council on Compulsive Gambling (or other
603 organization dedicated to assisting problem gamblers) to provide
604 contact information for the Florida Council on Compulsive
605 Gambling (or other organization dedicated to assisting problem
606 gamblers), and to provide such information on the Facilities’
607 Internet website. The Tribe will continue to display all
608 literature from the Florida Council on Compulsive Gambling (or
609 other organization dedicated to assisting problem gamblers)
610 within the Facilities.
611 4. The Commission shall establish a list of the Patrons
612 voluntarily excluded from the Tribe’s Facilities, pursuant to
613 subsection 5.
614 5. The Tribe shall employ its best efforts to exclude
615 Patrons on such list from entry into its Facilities; provided
616 that nothing in this Compact shall create for Patrons who are
617 excluded but gain access to the Facilities, or any other person,
618 a cause of action or claim against the State, the Tribe or the
619 Commission, or any other person, entity, or agency for failing
620 to enforce such exclusion.
621 6. Patrons who believe they may be playing Covered Games on
622 a compulsive basis may request that their names be placed on the
623 list of the Patrons voluntarily excluded from the Tribe’s
624 Facilities.
625 7. All Covered Game employees shall receive training on
626 identifying players who have a problem with compulsive gambling
627 and shall be instructed to ask them to leave. Signs bearing a
628 toll-free help-line number and educational and informational
629 materials shall be made available at conspicuous locations and
630 automated teller machines in each Facility, which aim at the
631 prevention of problem gaming and which specify where Patrons may
632 receive counseling or assistance for gambling problems. All
633 Covered Game employees shall also be screened for compulsive
634 gambling habits. Nothing in this Section shall create for
635 Patrons, or any other person, a cause of action or claim against
636 the State, the Tribe or the Commission, or any other person,
637 entity, or agency for failing to identify a Patron or person who
638 is a compulsive gambler or ask that person to leave.
639 8. The Tribe shall follow the rules for exclusion of
640 Patrons set forth in Article XI of the Seminole Tribal Gaming
641 Code.
642 9. The Tribe shall make diligent efforts to prevent
643 underage individuals from loitering in the area of each Facility
644 where the Covered Games take place.
645 10. The Tribe shall assure that advertising and marketing
646 of the Covered Games at the Facilities contain a responsible
647 gambling message and a toll-free help-line number for problem
648 gamblers, where practical, and that they make no false or
649 misleading claims.
650 E. Summaries of the rules for playing Covered Games and
651 promotional contests shall be visibly displayed in the
652 Facilities. Complete sets of rules shall be available in the
653 Facilities upon request. Copies of all such rules shall be
654 provided to the SCA within thirty (30) calendar days of their
655 issuance or their amendment.
656 F. The Tribe shall provide the Commission and SCA with a
657 chart of the supervisory lines of authority with respect to
658 those directly responsible for the conduct of Covered Games, and
659 shall promptly notify those agencies of any material changes
660 thereto.
661 G. The Tribe engages in and shall continue to maintain
662 proactive approaches to prevent improper alcohol sales, drunk
663 driving, underage drinking, and underage gambling. These
664 approaches involve intensive staff training, screening and
665 certification, Patron education, and the use of security
666 personnel and surveillance equipment in order to enhance
667 Patrons’ enjoyment of the Facilities and provide for Patron
668 safety. Staff training includes specialized employee training in
669 nonviolent crisis intervention, driver’s license verification,
670 and the detection of intoxication. Patron education is carried
671 out through notices transmitted on valet parking stubs, posted
672 signs in the Facilities, and in brochures. Roving and fixed
673 security officers, along with surveillance cameras, assist in
674 the detection of intoxicated Patrons, investigate problems, and
675 engage with Patrons to de-escalate volatile situations. To help
676 prevent alcohol-related crashes, the Tribe will continue to
677 operate the “Safe Ride Home Program,” a free taxi service.
678 Additionally, to reduce risks of underage gambling and underage
679 drinking, the Tribe will continue to prohibit entry onto the
680 casino floor of anyone under twenty-one (21) years of age. The
681 Tribe shall maintain these programs and policies in its Alcohol
682 Beverage Control Act for the duration of the Compact but may
683 replace such programs and policies with either stricter or more
684 extensive programs and policies. The Tribe shall provide the
685 State with written notice of any changes to the programs and
686 policies in the Tribe’s Alcohol Beverage Control Act, which
687 notice shall include a copy of such changes and shall be sent on
688 or before the effective date of the change. Nothing in this
689 Section shall create for Patrons, or any other person, a cause
690 of action or claim against the State, the Tribe or the
691 Commission, or any other person, entity, or agency for failing
692 to fulfill the requirements of this Section.
693 H. No person under twenty-one (21) years of age shall be
694 allowed to play Covered Games unless otherwise permitted by
695 state law.
696 I. The Tribe may establish and operate Facilities that
697 operate Covered Games only on the reservations as defined by the
698 Indian Gaming Regulatory Act and as specified in Part IV. of
699 this Compact.
700 J. The Commission shall keep a record of, and shall report
701 at least quarterly to the SCA, the number of Covered Games in
702 each Facility, by the name or type of each and its identifying
703 number.
704 K. The Tribe and the Commission shall make available a copy
705 of the following documents to any member of the public upon
706 request: the minimum internal control standards of the National
707 Indian Gaming Commission; the Seminole Tribal Gaming Code; this
708 Compact; the rules of each Covered Game operated by the Tribe;
709 and the administrative procedures for addressing Patron tort
710 claims under Part VI.
711 L. Cessation of Banking or Banked Card Games. The Tribe
712 shall stop all banked card games occurring on Tribal lands at
713 any existing gaming facility within any county of the state,
714 other than Broward County or Hillsborough County, within ninety
715 (90) days after the date this Compact is executed by the State
716 and the Tribe.
717
718 PART VI.
719 PATRON DISPUTES; WORKERS’ COMPENSATION; TORT CLAIMS; PRIZE
720 CLAIMS; LIMITED CONSENT TO SUIT.—
721 A. All Patron disputes involving gaming will be resolved in
722 accordance with the procedures established in Article XI of the
723 Seminole Tribal Gaming Code.
724 B. Tort claims by employees of the Tribe’s Facilities will
725 be handled pursuant to the provisions of the Tribe’s Workers’
726 Compensation Ordinance, which shall provide workers the same or
727 better protections as set forth in Florida’s workers’
728 compensation laws.
729 C. Disputes by employees of the Tribe’s Facilities will be
730 handled pursuant to the provisions of the Tribe’s policy for
731 gaming employees, the Employee Fair Treatment and Dispute
732 Resolution Policy as provided in part XVIII.G.
733 D.1. A Patron who claims to have been injured in a Facility
734 where Covered Games are played is required to provide written
735 notice to the Tribe’s Risk Management Department or the
736 Facility, in a reasonable and timely manner.
737 2. The Tribe shall have ten (10) days to respond to a claim
738 made by a Patron. When the Tribe responds to an incident alleged
739 to have caused a Patron’s injury or illness, the Tribe shall
740 provide a claim form to the Patron. It is the Patron’s
741 responsibility to complete the form and forward the form to the
742 Tribe’s Risk Management Department within a reasonable period of
743 time, and in a reasonable and timely manner.
744 3. Upon receiving written notification of the claim, the
745 Tribe’s Risk Management Department shall forward the
746 notification to the Tribe’s insurance carrier. The Tribe will
747 use its best efforts to assure that the insurance carrier
748 contacts the Patron within a reasonable period of time following
749 receipt of the claim.
750 4. The insurance carrier will handle the claim to
751 conclusion. If the Patron and the insurance carrier are not able
752 to resolve the claim, the Patron may bring a tort claim against
753 the Tribe in any court of competent jurisdiction in the County
754 in which the incident occurred, subject to a four (4) year
755 statute of limitations, which shall begin to run from the date
756 of the incident of the alleged claimed injury. Nothing in this
757 Part shall preclude a Patron from asserting a tort claim against
758 the Tribe from immediately filing suit in any court of competent
759 jurisdiction in the county where the claim arises without
760 resorting to or exhausting tribal remedies.
761 5. In no event shall the Tribe be deemed to have waived its
762 tribal immunity from suit beyond $500,000 for an individual tort
763 claim and $1,000,000 for the tort claims of all persons or
764 entities claiming injury in tort arising out of a single event
765 or occurrence. These limitations are intended to include
766 liability for compensatory damages as well as any costs,
767 prejudgment interest, and attorney’s fees arising out of any
768 claim brought or asserted against the Tribe, its subordinate
769 governmental and economic units as well as any Tribal officials,
770 employees, servants, or agents in their official capacities.
771 6. The Tribe shall obtain and maintain a commercial general
772 liability policy which provides coverage of no less than
773 $1,000,000 per occurrence and $10,000,000 in the aggregate for
774 bodily injury, personal injury, and property damage arising out
775 of, connected with, or relating to the operation of Facilities
776 where Covered Games are offered.
777 7. Notices explaining the procedures and time limitations
778 with respect to making a tort claim shall be prominently
779 displayed in the Facilities, posted on the Tribe’s website, and
780 provided to any Patron for whom the Tribe has notice of the
781 injury or property damage giving rise to the tort claim. Such
782 notices shall explain the method and places for making a tort
783 claim.
784 8. The Tribe’s insurance policy shall:
785 (a) Prohibit the insurer or the Tribe from invoking tribal
786 sovereign immunity up to the limits of the policy with respect
787 to any claim covered under the policy and disposed of in
788 accordance with the Tribe’s tort claim procedures.
789 (b) Include covered claims made by a Patron or invitee for
790 personal injury or property damage.
791 (c) Permit the insurer or the Tribe to assert any statutory
792 or common law defense other than sovereign immunity.
793 (d) Provide that any award or judgment rendered in favor of
794 a Patron or invitee shall be satisfied solely from insurance
795 proceeds.
796
797 PART VII.
798 ENFORCEMENT OF COMPACT PROVISIONS.—
799 A. The Tribe and the Commission shall be responsible for
800 regulating activities pursuant to this Compact. As part of its
801 responsibilities, the Tribe has adopted or issued standards
802 designed to ensure that the Facilities are constructed,
803 operated, and maintained in a manner that adequately protects
804 the environment and public health and safety. Additionally, the
805 Tribe shall ensure that:
806 1. Operation of the conduct of Covered Games is in strict
807 compliance with (i) the Seminole Tribal Gaming Code, (ii) all
808 rules, regulations, procedures, specifications, and standards
809 lawfully adopted by the National Indian Gaming Commission and
810 the Commission, and (iii) the provisions of this Compact,
811 including, but not limited to, the standards and the Tribe’s
812 rules and regulations set forth in the Appendices;
813 2. Reasonable measures are taken to:
814 (a) Assure the physical safety of Facility Patrons,
815 employees, and any other person while in the Facility;
816 (b) Prevent illegal activity at the Facilities or with
817 regard to the operation of Covered Games, including, but not
818 limited to, the maintenance of employee procedures and a
819 surveillance system;
820 (c) Ensure prompt notification is given to appropriate law
821 enforcement authorities of persons who may be involved in
822 illegal acts in accordance with applicable law;
823 (d) Ensure that the construction and maintenance of the
824 Facilities comply with the standards that are at least as
825 stringent as the Florida Building Code, the provisions of which
826 the Tribe has adopted as the Seminole Tribal Building Code;
827 (e) Ensure adequate emergency access plans have been
828 prepared to ensure the health and safety of all Covered Game
829 Patrons;
830 (f) Employ, permit, or authorize only medical professionals
831 at its gaming facilities that are licensed by this state;
832 (g) Allow unimpeded access to the gaming facilities by
833 municipal or county emergency medical services; and
834 (h) Ensure, at a minimum, that the environmental
835 requirements of any federal permit will meet the standards
836 established for the state’s environmental resource permitting
837 program as provided for in s. 373.414, Florida Statutes.
838 B. All licenses for members and employees of the Commission
839 shall be issued according to the same standards and terms
840 applicable to Facility employees. The Commission’s compliance
841 officers shall be independent of the Tribal gaming operations,
842 and shall be supervised by and accountable only to the
843 Commission. A Commission compliance officer shall be available
844 to the Facility during all hours of operation upon reasonable
845 notice, and shall have immediate access to any and all areas of
846 the Facility for the purpose of ensuring compliance with the
847 provisions of this Compact. The Commission shall investigate any
848 such suspected or reported violation of this Part and shall
849 officially enter into its files timely written reports of
850 investigations and any action taken thereon, and shall forward
851 copies of such investigative reports to the SCA within 30
852 calendar days of such filing. The scope of such reporting shall
853 be determined by a Memorandum of Understanding between the
854 Commission and the SCA as soon as practicable after the
855 Effective Date of this Compact. Any such violations shall be
856 reported immediately to the Commission, and the Commission shall
857 immediately forward the same to the SCA. In addition, the
858 Commission shall promptly report to the SCA any such violations
859 which it independently discovers.
860 C. In order to develop and foster a positive and effective
861 relationship in the enforcement of the provisions of this
862 Compact, representatives of the Commission and the SCA shall
863 meet, not less than on an annual basis, to review past practices
864 and examine methods to improve the regulatory scheme created by
865 this Compact. The meetings shall take place at a location
866 mutually agreed to by the Commission and the SCA. The SCA, prior
867 to or during such meetings, shall disclose to the Commission any
868 concerns, suspected activities, or pending matters reasonably
869 believed to possibly constitute violations of this Compact by
870 any person, organization, or entity, if such disclosure will not
871 compromise the interest sought to be protected.
872
873 PART VIII.
874 STATE MONITORING OF COMPACT.—
875 A. The State shall secure an annual independent financial
876 audit of the conduct of Covered Games subject to this Compact.
877 The audit shall examine revenues in connection with the conduct
878 of Covered Games and shall include only those matters necessary
879 to verify the determination of Net Win and the basis and amount
880 of, and the right to, and the amount of the payments the Tribe
881 is obligated to make to the State pursuant to Part XI. of this
882 Compact and as defined by this Compact. A copy of the audit
883 report for the conduct of Covered Games shall be submitted to
884 the Commission within thirty (30) calendar days of completion.
885 Representatives of the SCA may, upon request, meet with the
886 Tribe and its auditors to discuss the audit or any matters in
887 connection therewith; provided, such discussions are limited to
888 Covered Games information. The annual independent financial
889 audit shall be performed by an independent accounting firm, with
890 experience in auditing casino operations, selected by the State,
891 subject to the consent of the Tribe, which shall not be
892 unreasonably withheld. The Tribe shall pay the accounting firm
893 for the costs of the annual independent financial audit.
894 B. The SCA shall, pursuant to the provisions of this
895 Compact, monitor the conduct of Covered Games to ensure that the
896 Covered Games are conducted in compliance with the provisions of
897 this Compact. In order to properly monitor the conduct of
898 Covered Games, agents of the SCA without prior notice or with
899 concurrent notice shall have reasonable access to all public
900 areas of the Facilities related to the conduct of Covered Games
901 as provided herein.
902 1. While the Commission will act as the regulator of the
903 Facilities, the SCA may take reasonable steps to assure that
904 operations at the Facilities comply with the terms of this
905 Compact and may advise on such issues as it deems appropriate.
906 2. In order to fulfill its oversight responsibilities, the
907 State has identified specific oversight testing procedures, set
908 forth below in subsection 3., paragraphs (a), (b), and (c),
909 which the SCA may perform on a routine basis.
910 3.(a) The Tribe shall permit access to the SCA to inspect
911 with at least concurrent notice any Covered Games in operation
912 at the Facilities on a random basis, without limitation as to
913 frequency, to confirm that the Covered Games operate and play
914 properly pursuant to the manufacturer’s technical standards and
915 are conducted in compliance with the rules, regulations, and
916 standards established by the Commission and this Compact. Such
917 random inspections shall occur during normal operating hours. No
918 advance notice is required when the SCA inspects public and
919 nonpublic areas of the Facility. However, representatives of the
920 SCA shall provide notice to the Commission of their presence for
921 such inspections. A Commission agent may accompany the
922 inspection.
923 (b) For each Facility, the SCA may perform one annual
924 review of the slot machine compliance audit.
925 (c) At least on an annual basis, the SCA may meet with the
926 Tribe’s Internal Audit Department for Gaming to review internal
927 controls and violations of same by the Facilities.
928 4. The SCA will seek to work with and obtain the assistance
929 of the Commission in the resolution of any conflicts with the
930 management of the Facilities, and the State and the Tribe shall
931 make their best efforts to resolve disputes through negotiation
932 whenever possible. Therefore, in order to foster a spirit of
933 cooperation and efficiency, the parties hereby agree that when
934 disputes arise between the SCA staff and Commission regulators
935 from the day-to-day regulation of the Facilities, they should
936 generally be resolved first through meeting and conferring in
937 good faith. This voluntary process does not proscribe the right
938 of either party to seek other relief that may be available when
939 circumstances require such relief. In the event of a dispute or
940 disagreement between Tribal and SCA regulators, the dispute or
941 disagreement shall be resolved in accordance with the dispute
942 resolution provisions of Part XIII. of this Compact.
943 5. Access to each Facility by the SCA shall be during the
944 Facility’s operating hours only, provided that to the extent
945 such inspections are limited to areas of the Facility where the
946 public is normally permitted, the SCA agents may inspect the
947 Facility without giving prior notice to the Tribe or the
948 Commission.
949 6. Any suspected or claimed violations of this Compact or
950 law shall be directed in writing to the Commission; the SCA
951 agents, in conducting the functions assigned them under this
952 Compact, shall not unreasonably interfere with the functioning
953 of any Facility.
954 7. Before the SCA agents enter any nonpublic area of a
955 Facility, they shall provide photographic identification to the
956 Commission. The SCA agents shall be accompanied in nonpublic
957 areas of the Facility by a Commission officer. Prior notice or
958 concurrent notice by the SCA to the Commission is required to
959 assure that a Commission officer is available to accompany the
960 SCA agents at all times.
961 8. There is no limit to the number of times or
962 opportunities that the SCA may inspect any covered games or
963 gaming devices in operation at a Facility on a random basis to
964 confirm that the operation and play of the games or devices
965 conform to manufacturer’s technical standards or to the
966 standards specified in the compact.
967 9. There is no limit to the number of times the SCA may
968 review internal controls and violations by a Facility.
969 10. All gaming machines on the premises of each Facility
970 will be connected to a central computerized reporting and
971 auditing system on the gaming facility premises. The system
972 shall:
973 (a) Collect on a continual basis the unaltered activity of
974 each gaming machine in use at the gaming facility.
975 (b) Provide access to the state by a dedicated
976 telecommunications connection, on a “read-only” basis, upon
977 entry of appropriate security codes, and permit access to and
978 downloads of the wager and payout data of each machine,
979 electronically captured by the central computer. However, the
980 compact may not authorize the state to alter or affect the
981 operation of any gaming machine or other device on the premises
982 of the authorized gaming facility or the data provided to the
983 central computer.
984 (c) Be constructed and installed at the Tribe’s expense to
985 provide electronic access to the state for the machine wager and
986 payout data collected by the central computer.
987 (d) Be designed in conjunction with the state and the
988 Tribe’s technical staff so as to preserve the integrity of the
989 system and the data contained therein, to minimize any
990 possibility of unauthorized access to the system or tampering
991 with the data, and to minimize any access by the state to
992 information other than machine wager and payout data residing in
993 the central reporting and auditing system.
994 C. Subject to the provisions herein, agents of the SCA
995 shall have the right to review, request, and receive copies of
996 documents of the Facility related to its conduct of Covered
997 Games. The review and copying of such documents shall be during
998 normal business hours unless otherwise allowed by the Tribe at
999 the Tribe’s discretion. The Tribe shall not refuse said
1000 inspection and copying of such documents, provided that the
1001 inspectors may not require copies of documents in such volume
1002 that it unreasonably interferes with the normal functioning of
1003 the Facilities or Covered Games. To the extent that the Tribe
1004 provides the State with information which the Tribe claims to be
1005 confidential and proprietary, or a trade secret, the Tribe shall
1006 clearly mark such information with the following designation:
1007 “Trade Secret, Confidential and Proprietary.” If the State
1008 receives a request under Chapter 119, Florida Statutes, that
1009 would include such designated information, the State shall
1010 promptly notify the Tribe of such a request. The SCA may provide
1011 copies of tribal documents to federal law enforcement and other
1012 State agencies or State consultants that the State deems
1013 reasonably necessary in order to conduct or complete any
1014 investigation of suspected criminal activity in connection with
1015 the Tribe’s Covered Games or the operation of the Facilities or
1016 in order to assure the Tribe’s compliance with this Compact.
1017 D. At the completion of any SCA inspection or
1018 investigation, the SCA may forward a written report thereof to
1019 the Commission, containing all pertinent, nonconfidential,
1020 nonproprietary information regarding any violation of applicable
1021 laws or this Compact which was discovered during the inspection
1022 or investigation unless disclosure thereof would adversely
1023 impact an investigation of suspected criminal activity. Nothing
1024 herein prevents the SCA from contacting tribal or federal law
1025 enforcement authorities for suspected criminal wrongdoing
1026 involving the Commission.
1027 E. Except as expressly provided in this Compact, nothing in
1028 this Compact shall be deemed to authorize the State to regulate
1029 the Tribe’s government, including the Commission, or to
1030 interfere in any way with the Tribe’s selection of its
1031 governmental officers, including members of the Commission.
1032
1033 PART IX.
1034 JURISDICTION.—The obligations and rights of the State and
1035 the Tribe under this Compact are contractual in nature, and are
1036 to be construed and enforced in accordance with the laws of the
1037 State of Florida. This Compact shall not alter tribal, federal,
1038 or state civil adjudicatory or criminal jurisdiction in any way.
1039
1040 PART X.
1041 LICENSING.—The Tribe and the Commission shall comply with
1042 the licensing and hearing requirements set forth in 25 C.F.R.
1043 Parts 556 and 558, as well as the applicable licensing and
1044 hearing requirements set forth in Articles IV-VI of the Seminole
1045 Tribal Gaming Code. The Commission shall notify the SCA of any
1046 disciplinary hearings or revocation or suspension of licenses.
1047
1048 PART XI.
1049 PAYMENTS TO THE STATE OF FLORIDA.—
1050 A. The parties acknowledge and recognize that this Compact
1051 provides the Tribe with partial but substantial exclusivity and
1052 other valuable consideration consistent with the goals of the
1053 Indian Gaming Regulatory Act, including special opportunities
1054 for tribal economic development through gaming within the
1055 external boundaries of Florida with respect to the play of
1056 Covered Games. In consideration thereof, the Tribe covenants and
1057 agrees, subject to the conditions agreed upon in Part XII. of
1058 this Compact, to make Payments to the State derived from Net Win
1059 as set forth in Section B. The Tribe further agrees to convert
1060 all of its Class II video bingo terminals (or their equivalents)
1061 to Class III slot machines within twenty-four (24) months after
1062 the Effective Date of this Compact, or the Payment to the State
1063 shall be calculated as if the conversion has been completed,
1064 whether or not the Tribe has fully executed its conversion. The
1065 Tribe further agrees that it will not purchase or lease any new
1066 Class II video bingo terminals (or their equivalents) after the
1067 Effective Date of this Compact.
1068 B. Payment schedule.—Subject to the provisions in this Part
1069 of the Compact, and subject to the limitations agreed upon in
1070 Part XII. of the Compact, the amounts paid by the Tribe to the
1071 State shall be calculated as follows:
1072 1. For each Revenue Sharing Cycle, the Tribe agrees to pay
1073 not less than a Guaranteed Minimum Payment of One Hundred Fifty
1074 Million Dollars ($150,000,000) if the Revenue Share calculated
1075 for that Revenue Sharing Cycle under subsection 3., below, is
1076 less than the Guaranteed Minimum Payment.
1077 2. All Guaranteed Minimum Payments shall be deducted from
1078 and credited toward the Revenue Share in each Revenue Sharing
1079 Cycle set forth below in subsection 3.
1080 3. For each Revenue Sharing Cycles, to the extent that the
1081 Revenue Share exceeds the Guaranteed Minimum Payment for each
1082 Revenue Sharing Cycle, the Tribe agrees, as further provided in
1083 subsection 4., to pay a Revenue Share for that Revenue Sharing
1084 Cycle equal to the total amount calculated from the operation
1085 and play of Covered Games from each Revenue Sharing Cycle as
1086 follows:
1087 (a) Twelve percent (12%) of all amounts up to Two and one
1088 half Billion Dollars ($2,500,000,000) of Net Win received by the
1089 Tribe from the operation and play of Covered Games from each
1090 Revenue Sharing Cycle;
1091 (b) Fifteen percent (15%) of all amounts between Two and
1092 one half Billion and One Dollars ($2,500,000,001) and Three
1093 Billion Dollars ($3,000,000,000) of Net Win received by the
1094 Tribe from the operation and play of Covered Games from each
1095 Revenue Sharing Cycle;
1096 (c) Twenty percent (20%) of all amounts between Three
1097 Billion and One Dollar ($3,000,000,001) and Four Billion Dollars
1098 ($4,000,000,000) of Net Win received by the Tribe from the
1099 operation and play of Covered Games from each Revenue Sharing
1100 Cycle;
1101 (d) Twenty-two and one half percent (22.5%) of all amounts
1102 between Four Billion and One Dollar ($4,000,000,001) and Four
1103 and one half Billion Dollars ($4,500,000,000) of Net Win
1104 Received by the Tribe from the operation and play of Covered
1105 Games from each Revenue Sharing Cycle; and
1106 (e) Twenty-five percent (25%) of all amounts over Four and
1107 one half Billion Dollars ($4,500,000,000) of Net Win received by
1108 the Tribe from the operation and play of Covered Games from each
1109 Revenue Sharing Cycle.
1110 4.(a) On or before the fifteenth day of the month following
1111 the first month of the Revenue Sharing Cycle, the Tribe will
1112 remit to the State the greater amount of eight and one-third
1113 percent (8.3 percent) of the estimated annual Revenue Share or
1114 eight and one-third percent (8.3 percent) of the Guaranteed
1115 Minimum Payment (“the monthly payment”).
1116 (b) The Tribe will make available to the State at the time
1117 of the monthly payment the basis for the calculation of the
1118 Payment.
1119 (c) Each month the Tribe will internally “true up” the
1120 calculation of the estimated Revenue Share based on the Tribe’s
1121 un-audited financial statements related to Covered Games.
1122 5.(a) On or before the forty-fifth day after the third
1123 month, sixth month, ninth month, and twelfth month of each
1124 Revenue Sharing Cycle, provided that the twelve (12) month
1125 period does not coincide with the Tribe’s fiscal year end date
1126 as indicated in paragraph (c), the Tribe will provide the State
1127 with an audit report by its independent auditors as to the
1128 accuracy of the annual Revenue Share calculation.
1129 (b) For each quarter of these Revenue Sharing Cycles the
1130 Tribe will engage its independent auditors to conduct a review
1131 of the un-audited net revenue from Covered Games. On or before
1132 the one hundred and twentieth day after the end of the Tribe’s
1133 fiscal year, the Tribe will require its independent auditors to
1134 provide an audit report to verify Net Win for Covered Games and
1135 the related Payment of the annual Revenue Share to the SCA for
1136 State review.
1137 (c) If the twelfth month of each Revenue Sharing Cycle does
1138 not coincide with the Tribe’s fiscal year, the Tribe will
1139 require its independent auditors to deduct Net Win from Covered
1140 Games for any of the months that are outside of the Revenue
1141 Sharing Cycle and to include Net Win from Covered Games for
1142 those months which fall outside of the Tribe’s audit period but
1143 fall within the Revenue Sharing Cycle, prior to issuing the
1144 audit report.
1145 (d) No later than thirty (30) calendar days after the day
1146 the audit report is issued, the Tribe will remit to the State
1147 any underpayment of the annual Revenue Share, and the State at
1148 its discretion will either reimburse to the Tribe any
1149 overpayment of the annual Revenue Share or authorize the
1150 overpayment to be deducted from the next monthly payment.
1151 C. Payments pursuant to Sections A. and B. above shall be
1152 made to the State via electronic funds transfer in a manner
1153 directed by the SCA for immediate transfer into the Educational
1154 Enhancement Trust Fund of the Department of Education. Payments
1155 will be due in accordance with the Payment Schedule set forth in
1156 Section B. The appropriation of any Payments received by the
1157 State pursuant to this Compact lies within the exclusive
1158 prerogative of the Legislature.
1159 D. The Annual Oversight Assessment to reimburse the State
1160 for the actual costs of the operation of the SCA to perform its
1161 monitoring functions as defined in this Compact shall be
1162 determined and paid in quarterly installments within thirty (30)
1163 calendar days of receipt by the Tribe of an invoice from the
1164 SCA. The Tribe reserves the right to audit the invoices on an
1165 annual basis, a copy of which will be provided to the SCA, and
1166 any discrepancies found therein shall be reconciled within
1167 forty-five (45) calendar days of receipt of the audit by the
1168 SCA. Out-of-pocket expenses to be incurred by the Governor or
1169 his designee performing functions of the SCA unless and until
1170 the SCA is designated by the Legislature shall be advanced by
1171 the Tribe upon submission of properly documented requests.
1172 E. As provided for 25 U.S.C. s. 2710(b)(2)(B)(v), the Tribe
1173 agrees to pay to the State an additional amount equal to three
1174 percent (3 percent) of the annual amount set forth in Section B.
1175 of this Part, which funds shall be used for the purposes of
1176 offsetting the impacts of the Tribe’s facilities on the
1177 operations of local governments.
1178 F. Any moneys remitted by the Tribe before the effective
1179 date of this Compact shall be deemed forfeited by the Tribe and
1180 released to the State without further obligation or encumbrance.
1181 Acceptance and appropriation of such funds does not legitimize,
1182 validate, or otherwise ratify any previously proposed compact or
1183 the operation of class III games by the Tribe for any period
1184 prior to the effective date of this Compact.
1185 G. Except as expressly provided in this Part, nothing in
1186 this Compact shall be deemed to require the Tribe to make
1187 payments of any kind to the State or any of its agencies.
1188
1189 PART XII.
1190 REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY
1191 OR OTHER CHANGES IN FLORIDA LAW.—The intent of this Part is to
1192 provide the Tribe with the right to operate Covered Games on an
1193 exclusive basis as provided in this compact, subject to the
1194 exceptions and provisions set forth below.
1195 A. If Class III gaming as defined in this Compact that is
1196 not presently authorized by or under Florida law is authorized
1197 for any location within the State of Florida that is under the
1198 jurisdiction of the State and Tribal Net Win plus revenues from
1199 its remaining Class II video bingo terminals (or their
1200 equivalents) within its Facilities statewide drops below $1.37
1201 billion, the Payments due the State pursuant to Part XI.,
1202 Sections A. and B. of this Compact shall be reduced based on the
1203 proportion of net win below $1.37 billion. The Payments due the
1204 State pursuant to Part XI., Sections A. and B. of this Compact
1205 shall resume in full if the Tribe’s annual Net Win plus revenues
1206 from its remaining Class II video bingo terminals (or their
1207 equivalents) within its Facilities statewide again reaches or
1208 exceeds $1.37 billion.
1209 B. The following are exceptions to the exclusivity
1210 provisions of Section A. above.
1211 1. Any Class III gaming authorized by a compact between the
1212 State and any other federally recognized tribe pursuant to the
1213 Indian Gaming Regulatory Act will not be a breach or other
1214 violation of the exclusivity provisions set forth in Section A.
1215 above.
1216 2. The conduct of illegal or otherwise unauthorized gaming
1217 within the State shall not be considered a breach or other
1218 violation of the exclusivity provisions set forth in Section A.
1219 above.
1220 3. Any Class III slot machine gaming authorized after the
1221 effective date of this compact for pari-mutuel facilities in
1222 Miami-Dade County or Broward County will not be a breach or
1223 violation of the exclusivity provisions set forth in Section A.
1224 above.
1225 4. Any historic racing machines, electronic bingo machines,
1226 and pari-mutuel wagering activities at licensed pari-mutuel
1227 facilities authorized after the effective date of this compact
1228 will not be a breach or violation of the exclusivity provisions
1229 set forth in Section A. above.
1230 C. Revenue sharing by the Tribe may not be reduced or
1231 eliminated by the existence of any gaming activities being
1232 conducted in Florida at the time this compact is ratified which
1233 are illegal or are of unsettled legal status.
1234 D. If the Florida Constitution is amended to repeal the
1235 slot machine amendment in s. 23, Article X of the State
1236 Constitution, the Legislature authorizes the Seminoles to
1237 continue to offer the play of covered games under the terms of
1238 the compact authorized pursuant to this section during the
1239 remainder of the term of the compact.
1240 E. To the extent that the Tribe’s ongoing Payment
1241 obligations to the State pursuant to Part XI., Sections A. and
1242 B. of this Compact are reduced, any outstanding Payments that
1243 would have been due the State from the Tribe’s Facilities prior
1244 to the event authorizing the reduction shall be made within
1245 thirty (30) business days after cessation.
1246 F. Any reduction of Payments authorized under this Compact
1247 shall not excuse the Tribe from continuing to comply with all
1248 other provisions of this Compact, including continuing to pay
1249 the State the Annual Oversight Assessment as set forth in Part
1250 XI., Section C. of this Compact. Furthermore, the State shall
1251 continue to have the right to monitor the Tribe’s compliance
1252 with the Compact.
1253 G. In the event that revenue sharing payments to the State
1254 made pursuant to Part XI., Sections A. and B. are reduced under
1255 this Part, the annual amount payable to the State for the
1256 impacts to local governments under Part XI., Section E. shall be
1257 calculated as the amount paid for the last full revenue sharing
1258 year. Such payments shall continue to be calculated in such
1259 manner until the revenue sharing payments under Part XI.,
1260 Sections A. and B. are restored.
1261 H. Nothing in this Compact is intended to affect the
1262 ability of the State Legislature to enact laws either further
1263 restricting or expanding gambling on non-tribal lands.
1264
1265 PART XIII.
1266 DISPUTE RESOLUTION.—In the event that either party to this
1267 Compact believes that the other party has failed to comply with
1268 any requirements of this Compact, or in the event of any dispute
1269 hereunder, including, but not limited to, a dispute over the
1270 proper interpretation of the terms and conditions of this
1271 Compact, the goal of the Parties is to resolve all disputes
1272 amicably and voluntarily whenever possible. In pursuit of this
1273 goal, the following procedures may be invoked:
1274 A. A party asserting noncompliance or seeking an
1275 interpretation of this Compact first shall serve written notice
1276 on the other party. The notice shall identify the specific
1277 Compact provision alleged to have been violated or in dispute
1278 and shall specify in detail the asserting party’s contention and
1279 any factual basis for the claim. Representatives of the Tribe
1280 and State shall meet within thirty (30) calendar days of receipt
1281 of notice in an effort to resolve the dispute, unless they
1282 mutually agree to extend this period.
1283 B. A party asserting noncompliance or seeking an
1284 interpretation of this Compact under this Part shall be deemed
1285 to have certified that to the best of the party’s knowledge,
1286 information, and belief formed after reasonable inquiry, the
1287 claim of noncompliance or the request for interpretation of this
1288 Compact is warranted and made in good faith and not for any
1289 improper purpose, such as to harass or to cause unnecessary
1290 delay or the needless incurring of the cost of resolving the
1291 dispute.
1292 C. If the parties are unable to resolve a dispute through
1293 the process specified in Sections A. and B. of this Part, the
1294 parties may agree to mediation under the Commercial Mediation
1295 Procedures of the American Arbitration Association (AAA), or any
1296 such successor procedures, provided that such mediation does not
1297 last more than sixty (60) calendar days, unless an extension to
1298 this time limit is mutually agreed to by the parties. The
1299 disputes available for resolution through mediation are limited
1300 to matters arising under the terms of this Compact.
1301 D. If the parties are unable to resolve a dispute through
1302 the process specified in Sections A., B., and C. of this Part,
1303 notwithstanding any other provision of law, the State may bring
1304 an action against the Tribe in any court of competent
1305 jurisdiction regarding any dispute arising under this Compact.
1306 The State is entitled to all remedies available under law or in
1307 equity.
1308 E. For purposes of actions based on disputes between the
1309 State and the Tribe that arise under this Compact and the
1310 enforcement of any judgment resulting therefore, the Tribe
1311 expressly waives its right to assert sovereign immunity from
1312 suit and from enforcement of any ensuing judgment, and further
1313 consents to be sued in federal or state court, including the
1314 rights of appeal, as the case may be, provided that (i) the
1315 dispute is limited solely to issues arising under this Compact,
1316 (ii) there is no claim for monetary damages (except that payment
1317 of any money required by the terms of this Compact, as well as
1318 injunctive relief or specific performance enforcing a provision
1319 of this Compact requiring the payment of money to the State may
1320 be sought), and (iii) nothing herein shall be construed to
1321 constitute a waiver of the sovereign immunity of the Tribe with
1322 respect to any third party that is made a party or intervenes as
1323 a party to the action.
1324 F. The State may not be precluded from pursuing any
1325 mediation or judicial remedy against the Tribe on the grounds
1326 that the State has failed to exhaust its Tribal administrative
1327 remedies.
1328 G. Notwithstanding anything to the contrary in this Part,
1329 any failure of the Tribe to remit the Payments pursuant to the
1330 terms of Part XI. will entitle the State to seek mandatory
1331 injunctive relief in federal or state court, at the State’s
1332 election, to compel the Payments after exhausting the dispute
1333 resolution process in Sections A. and B. of this Part.
1334 H. The State shall be entitled to seek immediate injunctive
1335 relief in the event the Tribe offers or continues to offer Class
1336 III games not authorized under this Compact.
1337 I. Notwithstanding any other provision of law to the
1338 contrary, if the parties are unable to resolve a dispute through
1339 the process specified in Sections A., B., and C., of this Part,
1340 provided that the State does not exercise its option to file an
1341 action against the Tribe under Section D., either party may
1342 invoke presuit nonbinding arbitration to resolve any dispute
1343 between the parties arising under the compact.
1344 (a) The party demanding the presuit nonbinding arbitration
1345 shall immediately ask the American Arbitration Association to
1346 furnish a list of 11 arbitrators, each of whom shall have at
1347 least 5 years of commercial arbitration experience and no
1348 financial interest in or prior relationship with any of the
1349 parties or their affiliated or related entities or principals.
1350 (b) The state and the Tribe shall each select a single
1351 arbitrator from the list provided by the American Arbitration
1352 Association within 10 days after receipt, and the individuals so
1353 selected shall choose one additional arbitrator from the list
1354 within the next 10 days. The three arbitrators selected shall
1355 constitute the panel that shall arbitrate the dispute between
1356 the parties pursuant to the American Arbitration Association
1357 Commercial Arbitration Rules and Chapter 682, Florida Statutes.
1358 (c) At the conclusion of the proceedings, which shall be no
1359 later than 90 days after the demand for arbitration, the
1360 arbitration panel shall present to the parties a proposed
1361 agreement that the majority of the panel believes equitably
1362 balances the rights, interests, obligations, and reasonable
1363 expectations of the parties.
1364 (d) The parties shall, within 10 days after the arbitration
1365 panel’s issuance of the proposed agreement, enter into such
1366 agreement or notify the opposing party of its intent to reject
1367 the agreement and proceed with a lawsuit to resolve the dispute.
1368 (e) Each party shall pay its respective costs of
1369 arbitration and shall pay one-half of the costs of the
1370 arbitration panel.
1371 (f) The arbitrator’s decision may not be enforced in any
1372 court.
1373 J. If the arbitrator finds that the state is not in
1374 compliance with the Compact, the State shall have the
1375 opportunity to challenge the decision of the arbitrators by
1376 bringing an independent action against the Tribe in federal
1377 district court (“federal court”) regarding the dispute
1378 underlying the arbitration in a district in which the federal
1379 court has venue. If the federal court declines to exercise
1380 jurisdiction, or federal precedent exists that rules that the
1381 federal court would not have jurisdiction over such a dispute,
1382 the State may bring the action in the Courts of the Seventeenth
1383 Judicial Circuit in and for Broward County, Florida. The State
1384 is entitled to all rights of appeal permitted by law in the
1385 court system in which the action is brought. The State shall be
1386 entitled to de novo review of the arbitrators’ decision under
1387 this Section. For the purpose of this Section, the Tribe agrees
1388 to waive its immunity as provided in Section E. of this Part.
1389
1390 PART XIV.
1391 CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.—
1392 A. If any provision of this Compact relating to the covered
1393 games, revenue sharing payments, suspension or reduction of
1394 payments, or exclusivity is held by a court of competent
1395 jurisdiction to be invalid, this Compact will become null and
1396 void. If any provision, part, section, or subsection of this
1397 Compact is determined by a federal district court in Florida or
1398 other court of competent jurisdiction to impose a mandatory duty
1399 on the State of Florida that requires authorization by the
1400 Florida Legislature, the duty conferred by that particular
1401 provision, part, section, or subsection shall no longer be
1402 mandatory but will be deemed to be a matter within the
1403 discretion of the Governor or other State officers, subject to
1404 such legislative approval as may be required by Florida law.
1405 B. It is understood that Part XII. of this Compact, which
1406 provides for a reduction of the Payments to the State under Part
1407 XI., does not create any duty on the State of Florida but only a
1408 remedy for the Tribe if Class III gambling under state
1409 jurisdiction is expanded by operation of law and Tribal net win
1410 falls below $1.37 billion.
1411 C. This Compact is intended to meet the requirements of the
1412 Indian Gaming Regulatory Act as it reads on the Effective Date
1413 of this Compact, and where reference is made to the Indian
1414 Gaming Regulatory Act, or to an implementing regulation thereof,
1415 the reference is deemed to have been incorporated into this
1416 document as if set in full. Subsequent changes to the Indian
1417 Gaming Regulatory Act that diminish the rights of the State or
1418 Tribe may not be applied retroactively to alter the terms of
1419 this Compact, except to the extent that federal law validly
1420 mandates that retroactive application without the respective
1421 consent of the State or Tribe. In the event that a subsequent
1422 change to the Indian Gaming Regulatory Act, or to an
1423 implementing regulation thereof, mandates the retroactive
1424 application without the respective consent of the state or
1425 Tribe, the parties agree that this Compact is void if the
1426 subsequent change materially alters the minimum terms and
1427 standards in the compact relating to the covered games, revenue
1428 sharing payments, suspension or reduction of payments, or
1429 exclusivity.
1430 D. Neither the presence in another tribal-state compact of
1431 language that is not included in this Compact, nor the absence
1432 in this Compact of language that is present in another tribal
1433 state compact shall be a factor in construing the terms of this
1434 Compact.
1435 E. Upon Legislative ratification, the parties shall
1436 cooperate and use their best efforts in seeking approval of this
1437 Compact from the Secretary of the Interior and the parties
1438 further agree that, upon ratification by the Legislature, the
1439 Tribe shall submit the Compact to the Secretary forthwith.
1440
1441 PART XV.
1442 NOTICES.—All notices required under this Compact shall be
1443 given by (i) certified mail, return receipt requested, (ii)
1444 commercial overnight courier service, or (iii) personal
1445 delivery, to the following persons:
1446 A. The Governor.
1447 B. The General Counsel to the Governor.
1448 C. The Chair of the Seminole Tribe of Florida.
1449 D. The General Counsel to the Seminole Tribe of Florida.
1450
1451 PART XVI.
1452 EFFECTIVE DATE AND TERM.—
1453 A. This Compact shall become effective upon ratification by
1454 the Legislature and subsequent approval of the Compact by the
1455 Secretary of the Interior as a tribal-state compact within the
1456 meaning of the Indian Gaming Regulatory Act either by
1457 publication of the notice of approval in the Federal Register or
1458 by operation of law under 25 U.S.C. s. 2710(d)(7)(C).
1459 B. This Compact shall have a term of fifteen (15) years,
1460 beginning on the first day of the month following the month in
1461 which the Compact becomes effective under Section A. of this
1462 Part. This Compact shall remain in full force and effect until
1463 the sooner of expiration of its terms or until terminated by
1464 mutual agreement of the parties.
1465
1466 PART XVII.
1467 AMENDMENT OF COMPACT AND REFERENCES.—
1468 A. Amendment of this Compact may only be made by written
1469 agreement of the parties, subject to approval by the Secretary
1470 either by publication of the notice of approval in the Federal
1471 Register or by operation of law under 25 U.S.C. s.
1472 2710(d)(7)(C).
1473 B. Legislative ratification is required for any amendment
1474 to the Compact that is not consistent with the terms and
1475 standards set forth in ss. 285.710 and 285.711, Florida
1476 Statutes, or that alters the provisions relating to the covered
1477 games, the amount of revenue sharing payments, suspension or
1478 reduction in payments, or exclusivity.
1479 C. Changes in the provisions of tribal ordinances,
1480 regulations, and procedures referenced in this Compact may be
1481 made by the Tribe with thirty (30) calendar days advance notice
1482 to the State. If the State has an objection to any change to the
1483 tribal ordinance, regulation, or procedure which is the subject
1484 of the notice on the ground that its adoption would be a
1485 violation of the Tribe’s obligations under this Compact, the
1486 State may invoke the dispute resolution provisions provided in
1487 Part XIII. of this Compact.
1488
1489 PART XVIII.
1490 MISCELLANEOUS.—
1491 A. Except to the extent expressly provided in this Compact,
1492 this Compact is not intended to, and shall not be construed to,
1493 create any right on the part of a third party to bring an action
1494 to enforce any of its terms.
1495 B. If, after the Effective Date of this Compact, the State
1496 enters into a compact with any other Tribe that contains more
1497 favorable terms with respect to any of the provisions of this
1498 Compact and the U.S. Secretary of the Interior approves such
1499 compact, either by publication of the notice of approval in the
1500 Federal Register or by operation of law under 25 U.S.C. s.
1501 2710(d)(7)(C), upon tribal notice to the State and the
1502 Secretary, this Compact shall be deemed amended to contain the
1503 more favorable terms, unless the State objects to the change and
1504 can demonstrate, in a proceeding commenced under Part XIII.,
1505 that the terms in question are not more favorable.
1506 C. Upon the occurrence of certain events beyond the Tribe’s
1507 control, including acts of God, war, terrorism, fires, floods,
1508 or accidents causing damage to or destruction of one or more of
1509 its Facilities or property necessary to operate the
1510 Facility(ies), (i) the Tribe’s obligation to pay the Guaranteed
1511 Minimum Payment described in Part XI. shall be reduced pro rata
1512 to reflect the percentage of the total Net Win lost to the Tribe
1513 from the impacted Facility(ies) and (ii) the Net Win specified
1514 under Part XI., Section B., for purposes of determining whether
1515 the Tribe’s payments described in Part XI. shall be reduced pro
1516 rata to reflect the percentage of the total Net Win lost to the
1517 Tribe from the impacted Facility(ies). The foregoing shall not
1518 excuse any obligations of the Tribe to make Payments to the
1519 State as and when required hereunder or in any related document
1520 or agreement.
1521 D. The Tribe and the State recognize that opportunities to
1522 engage in gaming in smoke-free or reduced-smoke environments
1523 provides both health and other benefits to Patrons, and the
1524 Tribe has already instituted a non-smoking section at its
1525 Seminole Hard Rock Hotel & Casino – Hollywood Facility. As part
1526 of its continuing commitment to this issue, the Tribe will:
1527 1. Install and utilize a ventilation system at all new
1528 construction at its Facilities, which system exhausts tobacco
1529 smoke to the extent reasonably feasible under existing state-of
1530 the-art technology;
1531 2. Designate a smoke-free area for slot machines at all new
1532 construction at its Facilities; and
1533 3. Install non-smoking, vented tables for table games in
1534 its Facilities sufficient to respond to demand for such tables.
1535 E. The annual average minimum pay-out of all slot machines
1536 in each Facility shall not be less than eighty-five percent (85
1537 percent).
1538 F. Nothing in this Compact shall alter any of the existing
1539 memoranda of understanding, contracts, or other agreements
1540 entered into between the Tribe and any other federal, state, or
1541 local governmental entity.
1542 G. The Tribe currently has as set forth in its Employee
1543 Fair Treatment and Dispute Resolution Policy, and agrees to
1544 maintain, standards that are comparable to the standards
1545 provided in federal laws and State laws forbidding employers
1546 from discrimination in connection with the employment of persons
1547 working at the Facilities on the basis of race, color, religion,
1548 national origin, gender, age, disability/handicap, or marital
1549 status. Nothing herein shall preclude the Tribe from giving
1550 preference in employment, promotion, seniority, lay-offs, or
1551 retention to members of the Tribe and other federally recognized
1552 tribes. The Tribe will comply with all federal and state labor
1553 laws, where applicable. The Tribe shall provide a process for
1554 employee disputes which permits the employee to be represented
1555 by an attorney or other legally authorized representative. The
1556 process shall permit the employee to use language interpreters,
1557 including interpreters for the deaf or hard of hearing.
1558 H. The Tribe agrees to use its best efforts to spend its
1559 revenue in this state to acquire goods and services from
1560 Florida-based vendors, professionals, and material and service
1561 providers.
1562 Section 3. Subsection (3) of section 1013.737, Florida
1563 Statutes, is amended to read:
1564 1013.737 The Class Size Reduction Lottery Revenue Bond
1565 Program.—There is established the Class Size Reduction Lottery
1566 Revenue Bond Program.
1567 (3) The state hereby covenants with the holders of such
1568 revenue bonds that it will not take any action that will
1569 materially and adversely affect the rights of such holders so
1570 long as bonds authorized by this section are outstanding. The
1571 state does hereby additionally authorize the establishment of a
1572 covenant in connection with the bonds which provides that any
1573 additional funds received by the state from new or enhanced
1574 lottery programs;, video gaming; banking card games, including
1575 baccarat, chemin de fer, or blackjack; electronic or
1576 electromechanical facsimiles of any game of chance; casino
1577 games; slot machines;, or other similar activities will first be
1578 available for payments relating to bonds pledging revenues
1579 available pursuant to s. 24.121(2), prior to use for any other
1580 purpose.
1581 Section 4. Subsections (11) and (38) of section 550.002,
1582 Florida Statutes, are amended to read:
1583 550.002 Definitions.—As used in this chapter, the term:
1584 (11) “Full schedule of live racing or games” means, for a
1585 greyhound or jai alai permitholder, the conduct of a combination
1586 of at least 100 live evening or matinee performances during the
1587 preceding year; for a permitholder who has a converted permit or
1588 filed an application on or before June 1, 1990, for a converted
1589 permit, the conduct of a combination of at least 100 live
1590 evening and matinee wagering performances during either of the 2
1591 preceding years; for a jai alai permitholder who does not
1592 operate slot machines in its pari-mutuel facility, who has
1593 conducted at least 100 live performances per year for at least
1594 10 years after December 31, 1992, and whose handle on live jai
1595 alai games conducted at its pari-mutuel facility has been less
1596 than $4 million per state fiscal year for at least 2 consecutive
1597 years after June 30, 1992, the conduct of a combination of at
1598 least 40 live evening or matinee performances during the
1599 preceding year; for a jai alai permitholder who operates slot
1600 machines in its pari-mutuel facility, the conduct of a
1601 combination of at least 150 performances during the preceding
1602 year; for a harness permitholder, the conduct of at least 100
1603 live regular wagering performances during the preceding year;
1604 for a quarter horse permitholder at its facility unless an
1605 alternative schedule of at least 20 live regular wagering
1606 performances is agreed upon by the permitholder and either the
1607 Florida Quarter Horse Racing Association or the horsemen’s
1608 association representing the majority of the quarter horse
1609 owners and trainers at the facility and filed with the division
1610 along with its annual date application, in the 2010-2011 fiscal
1611 year, the conduct of at least 20 regular wagering performances,
1612 in the 2011-2012 and 2012-2013 fiscal years, the conduct of at
1613 least 30 live regular wagering performances, and for every
1614 fiscal year after the 2012-2013 fiscal year, the conduct of at
1615 least 40 live regular wagering performances during the preceding
1616 year; for a quarter horse permitholder leasing another licensed
1617 racetrack, the conduct of 160 events at the leased facility; and
1618 for a thoroughbred permitholder, the conduct of at least 40 live
1619 regular wagering performances during the preceding year. For a
1620 permitholder which is restricted by statute to certain operating
1621 periods within the year when other members of its same class of
1622 permit are authorized to operate throughout the year, the
1623 specified number of live performances which constitute a full
1624 schedule of live racing or games shall be adjusted pro rata in
1625 accordance with the relationship between its authorized
1626 operating period and the full calendar year and the resulting
1627 specified number of live performances shall constitute the full
1628 schedule of live games for such permitholder and all other
1629 permitholders of the same class within 100 air miles of such
1630 permitholder. A live performance must consist of no fewer than
1631 eight races or games conducted live for each of a minimum of
1632 three performances each week at the permitholder’s licensed
1633 facility under a single admission charge.
1634 (38) “Year,” for purposes of determining a full schedule of
1635 live racing, means the state fiscal calendar year.
1636 Section 5. Subsection (3) of section 550.01215, Florida
1637 Statutes, is amended to read:
1638 550.01215 License application; periods of operation; bond,
1639 conversion of permit.—
1640 (3) Except as provided in s. 550.5251 for thoroughbred
1641 racing, The division shall issue each license no later than
1642 March 15. Each permitholder shall operate all performances at
1643 the date and time specified on its license. The division shall
1644 have the authority to approve minor changes in racing dates
1645 after a license has been issued. The division may approve
1646 changes in racing dates after a license has been issued when
1647 there is no objection from any operating permitholder located
1648 within 50 miles of the permitholder requesting the changes in
1649 operating dates. In the event of an objection, the division
1650 shall approve or disapprove the change in operating dates based
1651 upon the impact on operating permitholders located within 50
1652 miles of the permitholder requesting the change in operating
1653 dates. In making the determination to change racing dates, the
1654 division shall take into consideration the impact of such
1655 changes on state revenues.
1656 Section 6. Subsection (14) is added to section 550.054,
1657 Florida Statutes, to read:
1658 550.054 Application for permit to conduct pari-mutuel
1659 wagering.—
1660 (14)(a) Any holder of a permit to conduct jai alai may
1661 apply to the division to convert such permit to a permit to
1662 conduct greyhound racing in lieu of jai alai if:
1663 1. Such permit is located in a county in which the division
1664 has issued only two pari-mutuel permits pursuant to this
1665 section;
1666 2. Such permit was not previously converted from any other
1667 class of permit; and
1668 3. The holder of the permit has not conducted jai alai
1669 games during a period of 10 years immediately preceding his or
1670 her application for conversion under this subsection.
1671 (b) The division, upon application from the holder of a jai
1672 alai permit meeting all conditions of this section, shall
1673 convert the permit and shall issue to the permitholder a permit
1674 to conduct greyhound racing. A permitholder of a permit
1675 converted under this section shall be required to apply for and
1676 conduct a full schedule of live racing each fiscal year to be
1677 eligible for any tax credit provided by this chapter. The holder
1678 of a permit converted pursuant to this subsection or any holder
1679 of a permit to conduct greyhound racing located in a county in
1680 which it is the only permit issued pursuant to this section who
1681 operates at a leased facility pursuant to s. 550.475 may move
1682 the location for which the permit has been issued to another
1683 location within a 30-mile radius of the location fixed in the
1684 permit issued in that county, provided the move does not cross
1685 the county boundary and such location is approved under the
1686 zoning regulations of the county or municipality in which the
1687 permit is located, and upon such relocation may use the permit
1688 for the conduct of pari-mutuel wagering and the operation of a
1689 cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
1690 apply to any permit converted under this subsection and shall
1691 continue to apply to any permit which was previously included
1692 under and subject to such provisions before a conversion
1693 pursuant to this section occurred.
1694 Section 7. Paragraph (b) of subsection (1) and subsection
1695 (5) of section 550.0951, Florida Statutes, are amended, and
1696 subsection (6) of that section is reenacted, to read:
1697 550.0951 Payment of daily license fee and taxes;
1698 penalties.—
1699 (1)
1700 (b) Each permitholder that cannot utilize the full amount
1701 of the exemption of $360,000 or $500,000 provided in s.
1702 550.09514(1) or the daily license fee credit provided in this
1703 section may, after notifying the division in writing, elect once
1704 per state fiscal year on a form provided by the division to
1705 transfer such exemption or credit or any portion thereof to any
1706 greyhound permitholder which acts as a host track to such
1707 permitholder for the purpose of intertrack wagering. Once an
1708 election to transfer such exemption or credit is filed with the
1709 division, it shall not be rescinded. The division shall
1710 disapprove the transfer when the amount of the exemption or
1711 credit or portion thereof is unavailable to the transferring
1712 permitholder or when the permitholder who is entitled to
1713 transfer the exemption or credit or who is entitled to receive
1714 the exemption or credit owes taxes to the state pursuant to a
1715 deficiency letter or administrative complaint issued by the
1716 division. Upon approval of the transfer by the division, the
1717 transferred tax exemption or credit shall be effective for the
1718 first performance of the next payment biweekly pay period as
1719 specified in subsection (5). The exemption or credit transferred
1720 to such host track may be applied by such host track against any
1721 taxes imposed by this chapter or daily license fees imposed by
1722 this chapter. The greyhound permitholder host track to which
1723 such exemption or credit is transferred shall reimburse such
1724 permitholder the exact monetary value of such transferred
1725 exemption or credit as actually applied against the taxes and
1726 daily license fees of the host track. The division shall ensure
1727 that all transfers of exemption or credit are made in accordance
1728 with this subsection and shall have the authority to adopt rules
1729 to ensure the implementation of this section.
1730 (5) PAYMENT AND DISPOSITION OF FEES AND TAXES.—Payments
1731 Payment for the admission tax, tax on handle, and the breaks tax
1732 imposed by this section shall be paid to the division. The
1733 division shall deposit these sums with the Chief Financial
1734 Officer, to the credit of the Pari-mutuel Wagering Trust Fund,
1735 hereby established. The permitholder shall remit to the division
1736 payment for the daily license fee, the admission tax, the tax on
1737 handle, and the breaks tax. Such payments shall be remitted by 3
1738 p.m. Wednesday of each week for taxes imposed and collected for
1739 the preceding week ending on Sunday. Beginning on July 1, 2012,
1740 such payments shall be remitted by 3 p.m. on the 5th day of each
1741 calendar month for taxes imposed and collected for the preceding
1742 calendar month. If the 5th day of the calendar month falls on a
1743 weekend, payments shall be remitted by 3 p.m. the first Monday
1744 following the weekend. Permitholders shall file a report under
1745 oath by the 5th day of each calendar month for all taxes
1746 remitted during the preceding calendar month. Such payments
1747 shall be accompanied by a report under oath showing the total of
1748 all admissions, the pari-mutuel wagering activities for the
1749 preceding calendar month, and such other information as may be
1750 prescribed by the division.
1751 (6) PENALTIES.—
1752 (a) The failure of any permitholder to make payments as
1753 prescribed in subsection (5) is a violation of this section, and
1754 the permitholder may be subjected by the division to a civil
1755 penalty of up to $1,000 for each day the tax payment is not
1756 remitted. All penalties imposed and collected shall be deposited
1757 in the General Revenue Fund. If a permitholder fails to pay
1758 penalties imposed by order of the division under this
1759 subsection, the division may suspend or revoke the license of
1760 the permitholder, cancel the permit of the permitholder, or deny
1761 issuance of any further license or permit to the permitholder.
1762 (b) In addition to the civil penalty prescribed in
1763 paragraph (a), any willful or wanton failure by any permitholder
1764 to make payments of the daily license fee, admission tax, tax on
1765 handle, or breaks tax constitutes sufficient grounds for the
1766 division to suspend or revoke the license of the permitholder,
1767 to cancel the permit of the permitholder, or to deny issuance of
1768 any further license or permit to the permitholder.
1769 Section 8. Paragraph (e) of subsection (2) and paragraph
1770 (b) of subsection (3) of section 550.09511, Florida Statutes,
1771 are amended to read:
1772 550.09511 Jai alai taxes; abandoned interest in a permit
1773 for nonpayment of taxes.—
1774 (2) Notwithstanding the provisions of s. 550.0951(3)(b),
1775 wagering on live jai alai performances shall be subject to the
1776 following taxes:
1777 (e) The payment of taxes pursuant to paragraphs (b), (c),
1778 and (d) shall be calculated and commence beginning the day after
1779 the biweekly period in which the permitholder is first entitled
1780 to the reduced rate specified in this section and the report of
1781 taxes required by s. 550.0951(5) is submitted to the division.
1782 (3)
1783 (b) The payment of taxes pursuant to paragraph (a) shall be
1784 calculated and commence beginning the day after the biweekly
1785 period in which the permitholder is first entitled to the
1786 reduced rate specified in this subsection.
1787 Section 9. Subsection (1) of section 550.09514, Florida
1788 Statutes, is amended to read:
1789 550.09514 Greyhound dogracing taxes; purse requirements.—
1790 (1) Wagering on greyhound racing is subject to a tax on
1791 handle for live greyhound racing as specified in s. 550.0951(3).
1792 However, each permitholder shall pay no tax on handle until such
1793 time as this subsection has resulted in a tax savings per state
1794 fiscal year of $360,000. Thereafter, each permitholder shall pay
1795 the tax as specified in s. 550.0951(3) on all handle for the
1796 remainder of the permitholder’s current race meet, and the tax
1797 must be calculated and commence beginning the day after the
1798 biweekly period in which the permitholder reaches the maximum
1799 tax savings per state fiscal year provided in this section. For
1800 the three permitholders that conducted a full schedule of live
1801 racing in 1995, and are closest to another state that authorizes
1802 greyhound pari-mutuel wagering, the maximum tax savings per
1803 state fiscal year shall be $500,000. The provisions of this
1804 subsection relating to tax exemptions shall not apply to any
1805 charity or scholarship performances conducted pursuant to s.
1806 550.0351.
1807 Section 10. Subsections (1), (2), (5), (6), and (10) of
1808 section 550.105, Florida Statutes, are amended to read:
1809 550.105 Occupational licenses of racetrack employees; fees;
1810 denial, suspension, and revocation of license; penalties and
1811 fines.—
1812 (1) Each person connected with a racetrack or jai alai
1813 fronton, as specified in paragraph (2)(a), shall purchase from
1814 the division an annual occupational license, which license is
1815 valid from May 1 until June 30 of the following year. All moneys
1816 collected pursuant to this section each fiscal year shall be
1817 deposited into the Pari-mutuel Wagering Trust Fund. Any person
1818 may, at her or his option and Pursuant to the rules adopted by
1819 the division, purchase an occupational license may be valid for
1820 a period of up to 3 years for a fee that does not exceed if the
1821 purchaser of the license pays the full occupational license fee
1822 for each of the years for which the license is purchased at the
1823 time the 3-year license is requested. The occupational license
1824 shall be valid during its specified term at any pari-mutuel
1825 facility.
1826 (2)(a) The following licenses shall be issued to persons or
1827 entities with access to the backside, racing animals, jai alai
1828 players’ room, jockeys’ room, drivers’ room, totalisator room,
1829 the mutuels, or money room, or to persons who, by virtue of the
1830 position they hold, might be granted access to these areas or to
1831 any other person or entity in one of the following categories
1832 and with scheduled annual fees not to exceed the following
1833 amounts for any 12-month period as follows:
1834 1. Business licenses: any business such as a vendor,
1835 contractual concessionaire, contract kennel, business owning
1836 racing animals, trust or estate, totalisator company, stable
1837 name, or other fictitious name: $50.
1838 2. Professional occupational licenses: professional persons
1839 with access to the backside of a racetrack or players’ quarters
1840 in jai alai such as trainers, officials, veterinarians, doctors,
1841 nurses, EMT’s, jockeys and apprentices, drivers, jai alai
1842 players, owners, trustees, or any management or officer or
1843 director or shareholder or any other professional-level person
1844 who might have access to the jockeys’ room, the drivers’ room,
1845 the backside, racing animals, kennel compound, or managers or
1846 supervisors requiring access to mutuels machines, the money
1847 room, or totalisator equipment: $40.
1848 3. General occupational licenses: general employees with
1849 access to the jockeys’ room, the drivers’ room, racing animals,
1850 the backside of a racetrack or players’ quarters in jai alai,
1851 such as grooms, kennel helpers, leadouts, pelota makers, cesta
1852 makers, or ball boys, or a practitioner of any other occupation
1853 who would have access to the animals, the backside, or the
1854 kennel compound, or who would provide the security or
1855 maintenance of these areas, or mutuel employees, totalisator
1856 employees, money-room employees, or any employee with access to
1857 mutuels machines, the money room, or totalisator equipment or
1858 who would provide the security or maintenance of these areas:
1859 $10.
1860
1861 The individuals and entities that are licensed under this
1862 paragraph require heightened state scrutiny, including the
1863 submission by the individual licensees or persons associated
1864 with the entities described in this chapter of fingerprints for
1865 a Federal Bureau of Investigation criminal records check.
1866 (b) The division shall adopt rules pertaining to pari
1867 mutuel occupational licenses, licensing periods, and renewal
1868 cycles.
1869 (5)(a) The division may:
1870 1. Deny a license to or revoke, suspend, or place
1871 conditions upon or restrictions on a license of any person who
1872 has been refused a license by any other state racing commission
1873 or racing authority;
1874 2. Deny, suspend, or place conditions on a license of any
1875 person who is under suspension or has unpaid fines in another
1876 jurisdiction; if the state racing commission or racing authority
1877 of such other state or jurisdiction extends to the division
1878 reciprocal courtesy to maintain the disciplinary control.
1879 (b) The division may deny, suspend, revoke, or declare
1880 ineligible any occupational license if the applicant for or
1881 holder thereof has violated the provisions of this chapter or
1882 the rules of the division governing the conduct of persons
1883 connected with racetracks and frontons. In addition, the
1884 division may deny, suspend, revoke, or declare ineligible any
1885 occupational license if the applicant for such license has been
1886 convicted in this state, in any other state, or under the laws
1887 of the United States of a capital felony, a felony, or an
1888 offense in any other state which would be a felony under the
1889 laws of this state involving arson; trafficking in, conspiracy
1890 to traffic in, smuggling, importing, conspiracy to smuggle or
1891 import, or delivery, sale, or distribution of a controlled
1892 substance; or a crime involving a lack of good moral character,
1893 or has had a pari-mutuel license revoked by this state or any
1894 other jurisdiction for an offense related to pari-mutuel
1895 wagering.
1896 (c) The division may deny, declare ineligible, or revoke
1897 any occupational license if the applicant for such license has
1898 been convicted of a felony or misdemeanor in this state, in any
1899 other state, or under the laws of the United States, if such
1900 felony or misdemeanor is related to gambling or bookmaking, as
1901 contemplated in s. 849.25, or involves cruelty to animals. If
1902 the applicant establishes that she or he is of good moral
1903 character, that she or he has been rehabilitated, and that the
1904 crime she or he was convicted of is not related to pari-mutuel
1905 wagering and is not a capital offense, the restrictions
1906 excluding offenders may be waived by the director of the
1907 division.
1908 (d) For purposes of this subsection, the term “convicted”
1909 means having been found guilty, with or without adjudication of
1910 guilt, as a result of a jury verdict, nonjury trial, or entry of
1911 a plea of guilty or nolo contendere. However, the term
1912 “conviction” shall not be applied to a crime committed prior to
1913 the effective date of this subsection in a manner that would
1914 invalidate any occupational license issued prior to the
1915 effective date of this subsection or subsequent renewal for any
1916 person holding such a license.
1917 (e)(d) If an occupational license will expire by division
1918 rule during the period of a suspension the division intends to
1919 impose, or if a license would have expired but for pending
1920 administrative charges and the occupational licensee is found to
1921 be in violation of any of the charges, the license may be
1922 revoked and a time period of license ineligibility may be
1923 declared. The division may bring administrative charges against
1924 any person not holding a current license for violations of
1925 statutes or rules which occurred while such person held an
1926 occupational license, and the division may declare such person
1927 ineligible to hold a license for a period of time. The division
1928 may impose a civil fine of up to $1,000 for each violation of
1929 the rules of the division in addition to or in lieu of any other
1930 penalty provided for in this section. In addition to any other
1931 penalty provided by law, the division may exclude from all pari
1932 mutuel facilities in this state, for a period not to exceed the
1933 period of suspension, revocation, or ineligibility, any person
1934 whose occupational license application has been denied by the
1935 division, who has been declared ineligible to hold an
1936 occupational license, or whose occupational license has been
1937 suspended or revoked by the division.
1938 (f)(e) The division may cancel any occupational license
1939 that has been voluntarily relinquished by the licensee.
1940 (6) In order to promote the orderly presentation of pari
1941 mutuel meets authorized in this chapter, the division may issue
1942 a temporary occupational license. The division shall adopt rules
1943 to implement this subsection. However, no temporary occupational
1944 license shall be valid for more than 90 30 days, and no more
1945 than one temporary license may be issued for any person in any
1946 year.
1947 (10)(a) Upon application for an occupational license, the
1948 division may require the applicant’s full legal name; any
1949 nickname, alias, or maiden name for the applicant; name of the
1950 applicant’s spouse; the applicant’s date of birth, residence
1951 address, mailing address, residence address and business phone
1952 number, and social security number; disclosure of any felony or
1953 any conviction involving bookmaking, illegal gambling, or
1954 cruelty to animals; disclosure of any past or present
1955 enforcement or actions by any racing or gaming agency against
1956 the applicant; and any information the division determines is
1957 necessary to establish the identity of the applicant or to
1958 establish that the applicant is of good moral character.
1959 Fingerprints shall be taken in a manner approved by the division
1960 and then shall be submitted to the Federal Bureau of
1961 Investigation, or to the association of state officials
1962 regulating pari-mutuel wagering pursuant to the Federal Pari
1963 mutuel Licensing Simplification Act of 1988. The cost of
1964 processing fingerprints shall be borne by the applicant and paid
1965 to the association of state officials regulating pari-mutuel
1966 wagering from the trust fund to which the processing fees are
1967 deposited. The division shall require each applicant for an
1968 occupational license to have the applicant’s signature witnessed
1969 and notarized or signed in the presence of a division official.
1970 The division, by rule, may require additional information from
1971 licensees which is reasonably necessary to regulate the
1972 industry. The division may, by rule, exempt certain occupations
1973 or groups of persons from the fingerprinting requirements.
1974 (b) All fingerprints required by this section that are
1975 submitted to the Department of Law Enforcement shall be retained
1976 by the Department of Law Enforcement and entered into the
1977 statewide automated fingerprint identification system as
1978 authorized by s. 943.05(2)(b) and shall be available for all
1979 purposes and uses authorized for arrest fingerprint cards
1980 entered into the statewide automated fingerprint identification
1981 system pursuant to s. 943.051.
1982 (c) The Department of Law Enforcement shall search all
1983 arrest fingerprints received pursuant to s. 943.051 against the
1984 fingerprints retained in the statewide automated fingerprint
1985 identification system under paragraph (b). Any arrest record
1986 that is identified with the retained fingerprints of a person
1987 subject to the criminal history screening requirements of this
1988 section shall be reported to the division. Each licensee shall
1989 pay a fee to the division for the cost of retention of the
1990 fingerprints and the ongoing searches under this paragraph. The
1991 division shall forward the payment to the Department of Law
1992 Enforcement. The amount of the fee to be imposed for performing
1993 these searches and the procedures for the retention of licensee
1994 fingerprints shall be as established by rule of the Department
1995 of Law Enforcement. The division shall inform the Department of
1996 Law Enforcement of any change in the license status of licensees
1997 whose fingerprints are retained under paragraph (b).
1998 (d) The division shall request the Department of Law
1999 Enforcement to forward the fingerprints to the Federal Bureau of
2000 Investigation for a national criminal history records check at
2001 least once every 5 years following issuance of a license. If the
2002 fingerprints of a person who is licensed have not been retained
2003 by the Department of Law Enforcement, the person must file a
2004 complete set of fingerprints as provided in paragraph (a). The
2005 division shall collect the fees for the cost of the national
2006 criminal history record check under this paragraph and forward
2007 the payment to the Department of Law Enforcement. The cost of
2008 processing fingerprints and conducting a criminal history record
2009 check under this paragraph for a general occupational license
2010 shall be borne by the applicant. The cost of processing
2011 fingerprints and conducting a criminal history record check
2012 under this paragraph for a business or professional occupational
2013 license shall be borne by the person being checked. The
2014 Department of Law Enforcement may invoice the division for the
2015 fingerprints submitted each month. Under penalty of perjury,
2016 each person who is licensed or who is fingerprinted as required
2017 by this section must agree to inform the division within 48
2018 hours if he or she is convicted of or has entered a plea of
2019 guilty or nolo contendere to any disqualifying offense,
2020 regardless of adjudication.
2021 Section 11. Subsection (6) of section 550.2415, Florida
2022 Statutes, is amended to read:
2023 550.2415 Racing of animals under certain conditions
2024 prohibited; penalties; exceptions.—
2025 (6)(a) It is the intent of the Legislature that animals
2026 that participate in races in this state on which pari-mutuel
2027 wagering is conducted and animals that are bred and trained in
2028 this state for racing be treated humanely, both on and off
2029 racetracks, throughout the lives of the animals.
2030 (b) The division shall, by rule, establish the procedures
2031 for euthanizing greyhounds. However, a greyhound may not be put
2032 to death by any means other than by lethal injection of the drug
2033 sodium pentobarbital. A greyhound may not be removed from this
2034 state for the purpose of being destroyed.
2035 (c) It is a violation of this chapter for an occupational
2036 licensee to train a greyhound using live or dead animals. A
2037 greyhound may not be taken from this state for the purpose of
2038 being trained through the use of live or dead animals.
2039 (d) Any act committed by any licensee that would constitute
2040 A conviction of cruelty to animals as defined in s. 828.02
2041 pursuant to s. 828.12 involving any a racing animal constitutes
2042 a violation of this chapter. Imposition of any penalty by the
2043 division for violation of this chapter or any rule adopted by
2044 the division pursuant to this chapter shall not prohibit a
2045 criminal prosecution for cruelty to animals.
2046 (e) The division may inspect any area at a pari-mutuel
2047 facility where racing animals are raced, trained, housed, or
2048 maintained, including any areas where food, medications, or
2049 other supplies are kept, to ensure the humane treatment of
2050 racing animals and compliance with this chapter and the rules of
2051 the division.
2052 Section 12. Subsection (5) is added to section 550.26165,
2053 Florida Statutes, to read:
2054 550.26165 Breeders’ awards.—
2055 (5)(a) The awards programs in this chapter, which are
2056 intended to encourage thoroughbred breeding and training
2057 operations to locate in this state, must be responsive to
2058 rapidly changing incentive programs in other states. To attract
2059 such operations, it is appropriate to provide greater
2060 flexibility to thoroughbred industry participants in this state
2061 so that they may design competitive awards programs.
2062 (b) Notwithstanding any other provision of law to the
2063 contrary, the Florida Thoroughbred Breeders’ Association, as
2064 part of its annual plan, may:
2065 1. Pay breeders’ awards on horses finishing in first,
2066 second, or third place in thoroughbred horse races; pay
2067 breeders’ awards that are greater than 20 percent and less than
2068 15 percent of the announced gross purse; and vary the rates for
2069 breeders’ awards, based upon the place of finish, class of race,
2070 state or country in which the race took place, and the state in
2071 which the stallion siring the horse was standing when the horse
2072 was conceived;
2073 2. Pay stallion awards on horses finishing in first,
2074 second, or third place in thoroughbred horse races; pay stallion
2075 awards that are greater than 20 percent and less than 15 percent
2076 of the announced gross purse; reduce or eliminate stallion
2077 awards to enhance breeders’ awards or awards under subparagraph
2078 3; and vary the rates for stallion awards, based upon the place
2079 of finish, class of race, and state or country in which the race
2080 took place; and
2081 3. Pay awards from the funds dedicated for breeders’ awards
2082 and stallion awards to owners of registered Florida-bred horses
2083 finishing in first, second, or third place in thoroughbred horse
2084 races in this state, without regard to any awards paid pursuant
2085 to s. 550.2625(6).
2086 (c) Breeders’ awards or stallion awards under this chapter
2087 may not be paid on thoroughbred horse races taking place in
2088 other states or countries unless agreed to in writing by all
2089 thoroughbred permitholders in this state, the Florida
2090 Thoroughbred Breeders’ Association, and the Florida Horsemen’s
2091 Benevolent and Protective Association, Inc.
2092 Section 13. Paragraph (e) is added to subsection (6) of
2093 section 550.2625, Florida Statutes, to read:
2094 550.2625 Horseracing; minimum purse requirement, Florida
2095 breeders’ and owners’ awards.—
2096 (6)
2097 (e) This subsection governs owners’ awards paid on
2098 thoroughbred horse races only in this state, unless a written
2099 agreement is filed with the division establishing the rate,
2100 procedures, and eligibility requirements for owners’ awards,
2101 including place of finish, class of race, maximum purse, and
2102 maximum award, and the agreement is entered into by the
2103 permitholder, the Florida Thoroughbred Breeders’ Association,
2104 and the association representing a majority of the racehorse
2105 owners and trainers at the permitholder’s location.
2106 Section 14. Section 550.334, Florida Statutes, is amended
2107 to read:
2108 550.334 Quarter horse racing; substitutions.—
2109 (1) Subject to all the applicable provisions of this
2110 chapter, any person who possesses the qualifications prescribed
2111 in this chapter may apply to the division for a permit to
2112 conduct quarter horse race meetings and racing under this
2113 chapter. The applicant must demonstrate that the location or
2114 locations where the permit will be used are available for such
2115 use and that she or he has the financial ability to satisfy the
2116 reasonably anticipated operational expenses of the first racing
2117 year following final issuance of the permit. If the racing
2118 facility is already built, the application must contain a
2119 statement, with reasonable supporting evidence, that the permit
2120 will be used for quarter horse racing within 1 year after the
2121 date on which it is granted; if the facility is not already
2122 built, the application must contain a statement, with reasonable
2123 supporting evidence, that substantial construction will be
2124 started within 1 year after the issuance of the permit. After
2125 receipt of an application, the division shall convene to
2126 consider and act upon permits applied for. The division shall
2127 disapprove an application if it fails to meet the requirements
2128 of this chapter. Upon each application filed and approved, a
2129 permit shall be issued setting forth the name of the applicant
2130 and a statement showing qualifications of the applicant to
2131 conduct racing under this chapter. If a favorable referendum on
2132 a pari-mutuel facility has not been held previously within the
2133 county, then, before a quarter horse permit may be issued by the
2134 division, a referendum ratified by a majority of the electors in
2135 the county is required on the question of allowing quarter horse
2136 races within that county.
2137 (2) After a quarter horse racing permit has been granted by
2138 the division, the department shall grant to the lawful holder of
2139 such permit, subject to the conditions of this section, a
2140 license to conduct quarter horse racing under this chapter; and
2141 the division shall fix annually the time when, place where, and
2142 number of days upon which racing may be conducted by such
2143 quarter horse racing permitholder. After the first license has
2144 been issued to the holder of a permit for quarter horse racing,
2145 all subsequent annual applications for a license by a
2146 permitholder must be accompanied by proof, in such form as the
2147 division requires, that the permitholder still possesses all the
2148 qualifications prescribed by this chapter. The division may
2149 revoke any permit or license issued under this section upon the
2150 willful violation by the licensee of any provision of this
2151 chapter or any rule adopted by the division under this chapter.
2152 The division shall revoke any quarter horse permit under which
2153 no live racing has ever been conducted before July 7, 1990, for
2154 failure to conduct a horse meet pursuant to the license issued
2155 where a full schedule of horseracing has not been conducted for
2156 a period of 18 months commencing on October 1, 1990, unless the
2157 permitholder has commenced construction on a facility at which a
2158 full schedule of live racing could be conducted as approved by
2159 the division. “Commenced construction” means initiation of and
2160 continuous activities beyond site preparation associated with
2161 erecting or modifying a horseracing facility, including
2162 procurement of a building permit applying the use of approved
2163 construction documents, proof of an executed owner/contractor
2164 agreement or an irrevocable or binding forced account, and
2165 actual undertaking of foundation forming with steel installation
2166 and concrete placing. The 18-month period shall be extended by
2167 the division, to the extent that the applicant demonstrates to
2168 the satisfaction of the division that good faith commencement of
2169 the construction of the facility is being delayed by litigation
2170 or by governmental action or inaction with respect to
2171 regulations or permitting precluding commencement of the
2172 construction of the facility.
2173 (1)(3) The operator of any licensed racetrack is authorized
2174 to lease such track to any quarter horse racing permitholder
2175 located within 35 miles of such track for the conduct of quarter
2176 horse racing under this chapter. However, a quarter horse
2177 facility located in a county where a referendum to authorize
2178 slot machines pursuant to s. 23, Art. X of the State
2179 Constitution is not subject to the mileage restriction if they
2180 lease from a licensed racetrack located within a county where a
2181 referendum was conducted to authorize slot machines pursuant to
2182 s. 23, Art. X of the State Constitution.
2183 (2)(4) Section 550.054 is inapplicable to quarter horse
2184 racing as permitted under this section. All other provisions of
2185 this chapter, including s. 550.054, apply to, govern, and
2186 control such racing, and the same must be conducted in
2187 compliance therewith.
2188 (3)(5) Quarter horses participating in such races must be
2189 duly registered by the American Quarter Horse Association, and
2190 before each race such horses must be examined and declared in
2191 fit condition by a qualified person designated by the division.
2192 (4)(6) Any quarter horse racing days permitted under this
2193 chapter are in addition to any other racing permitted under the
2194 license issued the track where such quarter horse racing is
2195 conducted.
2196 (5)(7)(a) Any quarter horse racing permitholder operating
2197 under a valid permit issued by the division is authorized to
2198 substitute races of other breeds of horses, except
2199 thoroughbreds, which are, respectively, registered with the
2200 American Paint Horse Association, Appaloosa Horse Club, Arabian
2201 Horse Registry of America, Palomino Horse Breeders of America,
2202 or United States Trotting Association, Florida Cracker Horse
2203 Association, or for no more than 50 percent of the quarter horse
2204 races daily, and may substitute races of thoroughbreds
2205 registered with the Jockey Club for no more than 50 percent of
2206 the quarter horse races during its meet daily with the written
2207 consent of all greyhound, harness, and thoroughbred
2208 permitholders whose pari-mutuel facilities are located within 50
2209 air miles of such quarter horse racing permitholder’s pari
2210 mutuel facility.
2211 (b) Any permittee operating within an area of 50 air miles
2212 of a licensed thoroughbred track may not substitute thoroughbred
2213 races under this section while a thoroughbred horse race meet is
2214 in progress within that 50 miles. Any permittee operating within
2215 an area of 125 air miles of a licensed thoroughbred track may
2216 not substitute live thoroughbred races under this section while
2217 a thoroughbred permittee who pays taxes under s. 550.09515(2)(a)
2218 is conducting a thoroughbred meet within that 125 miles. These
2219 mileage restrictions do not apply to any permittee that holds a
2220 nonwagering permit issued pursuant to s. 550.505.
2221 (6)(8) Except as provided in s. 550.3345, a quarter horse
2222 permit issued pursuant to this section is not eligible for
2223 transfer or conversion to another type of pari-mutuel operation.
2224 (7)(9) Any nonprofit corporation, including, but not
2225 limited to, an agricultural cooperative marketing association,
2226 organized and incorporated under the laws of this state may
2227 apply for a quarter horse racing permit and operate racing meets
2228 under such permit, provided all pari-mutuel taxes and fees
2229 applicable to such racing are paid by the corporation. However,
2230 insofar as its pari-mutuel operations are concerned, the
2231 corporation shall be considered to be a corporation for profit
2232 and is subject to taxation on all property used and profits
2233 earned in connection with its pari-mutuel operations.
2234 (8) To be eligible to conduct intertrack wagering, a
2235 quarter horse racing permitholder must have conducted a full
2236 schedule of live racing in the preceding year.
2237 (10) Intertrack wagering shall not be authorized for any
2238 quarter horse permitholder without the written consent of all
2239 greyhound, harness, and thoroughbred permitholders whose pari
2240 mutuel facilities are located within 50 air miles of such
2241 quarter horse permitholder’s pari-mutuel facility.
2242 Section 15. Section 550.3345, Florida Statutes, is created
2243 to read:
2244 550.3345 Conversion of quarter horse permit to a limited
2245 thoroughbred permit.—
2246 (1) In recognition of the important and long-standing
2247 economic contribution of the thoroughbred horse breeding
2248 industry to this state and the state’s vested interest in
2249 promoting the continued viability of this agricultural activity,
2250 the state intends to provide a limited opportunity for the
2251 conduct of live thoroughbred horse racing with the net revenues
2252 from such racing dedicated to the enhancement of thoroughbred
2253 purses and breeders’, stallion, and special racing awards under
2254 this chapter; the general promotion of the thoroughbred horse
2255 breeding industry; and the care in this state of thoroughbred
2256 horses retired from racing.
2257 (2) Notwithstanding any other provision of law, the holder
2258 of a quarter horse racing permit issued under s. 550.334 may,
2259 within 1 year after the effective date of this section, apply to
2260 the division for a transfer of the quarter horse racing permit
2261 to a not-for-profit corporation formed under state law to serve
2262 the purposes of the state as provided in subsection (1). The
2263 board of directors of the not-for-profit corporation must be
2264 comprised of 11 members, 4 of whom shall be designated by the
2265 applicant, 4 of whom shall be designated by the Florida
2266 Thoroughbred Breeders’ Association, and 3 of whom shall be
2267 designated by the other 8 directors, with at least 1 of these 3
2268 members being an authorized representative of another
2269 thoroughbred permitholder in this state. The not-for-profit
2270 corporation shall submit an application to the division for
2271 review and approval of the transfer in accordance with s.
2272 550.054. Upon approval of the transfer by the division, and
2273 notwithstanding any other provision of law to the contrary, the
2274 not-for-profit corporation may, within 1 year after its receipt
2275 of the permit, request that the division convert the quarter
2276 horse racing permit to a permit authorizing the holder to
2277 conduct pari-mutuel wagering meets of thoroughbred racing.
2278 Neither the transfer of the quarter horse racing permit nor its
2279 conversion to a limited thoroughbred permit shall be subject to
2280 the mileage limitation or the ratification election as set forth
2281 under s. 550.054(2) or s. 550.0651. Upon receipt of the request
2282 for such conversion, the division shall timely issue a converted
2283 permit. The converted permit and the not-for-profit corporation
2284 shall be subject to the following requirements:
2285 (a) All net revenues derived by the not-for-profit
2286 corporation under the thoroughbred horse racing permit, after
2287 the funding of operating expenses and capital improvements,
2288 shall be dedicated to the enhancement of thoroughbred purses and
2289 breeders’, stallion, and special racing awards under this
2290 chapter; the general promotion of the thoroughbred horse
2291 breeding industry; and the care in this state of thoroughbred
2292 horses retired from racing.
2293 (b) From December 1 through April 30, no live thoroughbred
2294 racing may be conducted under the permit on any day during which
2295 another thoroughbred permitholder is conducting live
2296 thoroughbred racing within 125 air miles of the not-for-profit
2297 corporation’s pari-mutuel facility unless the other thoroughbred
2298 permitholder gives its written consent.
2299 (c) After the conversion of the quarter horse racing permit
2300 and the issuance of its initial license to conduct pari-mutuel
2301 wagering meets of thoroughbred racing, the not-for-profit
2302 corporation shall annually apply to the division for a license
2303 pursuant to s. 550.5251(2)-(5).
2304 (d) Racing under the permit may take place only at the
2305 location for which the original quarter horse racing permit was
2306 issued, which may be leased by the not-for-profit corporation
2307 for that purpose; however, the not-for-profit corporation may,
2308 without the conduct of any ratification election pursuant to s.
2309 550.054(13) or s. 550.0651, move the location of the permit to
2310 another location in the same county provided that such
2311 relocation is approved under the zoning and land use regulations
2312 of the applicable county or municipality.
2313 (e) No permit converted under this section is eligible for
2314 transfer to another person or entity.
2315 (3) Unless otherwise provided in this section, after
2316 conversion, the permit and the not-for-profit corporation shall
2317 be treated under the laws of this state as a thoroughbred permit
2318 and as a thoroughbred permitholder, respectively, with the
2319 exception of s. 550.09515(3).
2320 Section 16. Section 550.3355, Florida Statutes, is amended
2321 to read:
2322 550.3355 Harness track licenses for summer quarter horse
2323 racing.—Any harness track licensed to operate under the
2324 provisions of s. 550.375 may make application for, and shall be
2325 issued by the division, a license to operate not more than 50
2326 quarter horse racing days during the summer season, which shall
2327 extend from July June 1 until October September 1 of each year.
2328 However, this license to operate quarter horse racing for 50
2329 days is in addition to the racing days and dates provided in s.
2330 550.375 for harness racing during the winter seasons; and, it
2331 does not affect the right of such licensee to operate harness
2332 racing at the track as provided in s. 550.375 during the winter
2333 season. All provisions of this chapter governing quarter horse
2334 racing not in conflict herewith apply to the operation of
2335 quarter horse meetings authorized hereunder, except that all
2336 quarter horse racing permitted hereunder shall be conducted at
2337 night.
2338 Section 17. Section 550.3605, Florida Statutes, is
2339 repealed.
2340 Section 18. Section 550.5251, Florida Statutes, is amended
2341 to read:
2342 550.5251 Florida thoroughbred racing; certain permits;
2343 operating days.—
2344 (1) Each thoroughbred permitholder under whose permit
2345 thoroughbred racing was conducted in this state at any time
2346 between January 1, 1987, and January 1, 1988, shall annually be
2347 entitled to apply for and annually receive thoroughbred racing
2348 days and dates as set forth in this section. As regards such
2349 permitholders, the annual thoroughbred racing season shall be
2350 from June 1 of any year through May 31 of the following year and
2351 shall be known as the “Florida Thoroughbred Racing Season.”
2352 (1)(2) Each thoroughbred permitholder referred to in
2353 subsection (1) shall annually, during the period commencing
2354 December 15 of each year and ending January 4 of the following
2355 year, file in writing with the division its application to
2356 conduct one or more thoroughbred racing meetings during the
2357 thoroughbred racing season commencing on the following July June
2358 1. Each application shall specify the number and dates of all
2359 performances that the permitholder intends to conduct during
2360 that thoroughbred racing season. On or before March February 15
2361 of each year, the division shall issue a license authorizing
2362 each permitholder to conduct performances on the dates specified
2363 in its application. Up to February 28 March 31 of each year,
2364 each permitholder may request and shall be granted changes in
2365 its authorized performances; but thereafter, as a condition
2366 precedent to the validity of its license and its right to retain
2367 its permit, each permitholder must operate the full number of
2368 days authorized on each of the dates set forth in its license.
2369 (3) Each thoroughbred permit referred to in subsection (1),
2370 including, but not limited to, any permit originally issued as a
2371 summer thoroughbred horse racing permit, is hereby validated and
2372 shall continue in full force and effect.
2373 (2)(4) A thoroughbred racing permitholder may not begin any
2374 race later than 7 p.m. Any thoroughbred permitholder in a county
2375 in which the authority for cardrooms has been approved by the
2376 board of county commissioners may operate a cardroom and, when
2377 conducting live races during its current race meet, may receive
2378 and rebroadcast out-of-state races after the hour of 7 p.m. on
2379 any day during which the permitholder conducts live races.
2380 (3)(5)(a) Each licensed thoroughbred permitholder in this
2381 state must run an average of one race per racing day in which
2382 horses bred in this state and duly registered with the Florida
2383 Thoroughbred Breeders’ Association have preference as entries
2384 over non-Florida-bred horses, unless otherwise agreed to in
2385 writing by the permitholder, the Florida Thoroughbred Breeders’
2386 Association, and the association representing a majority of the
2387 thoroughbred racehorse owners and trainers at that location. All
2388 licensed thoroughbred racetracks shall write the conditions for
2389 such races in which Florida-bred horses are preferred so as to
2390 assure that all Florida-bred horses available for racing at such
2391 tracks are given full opportunity to run in the class of races
2392 for which they are qualified. The opportunity of running must be
2393 afforded to each class of horses in the proportion that the
2394 number of horses in this class bears to the total number of
2395 Florida-bred horses available. A track is not required to write
2396 conditions for a race to accommodate a class of horses for which
2397 a race would otherwise not be run at the track during its meet
2398 meeting.
2399 (b) Each licensed thoroughbred permitholder in this state
2400 may run one additional race per racing day composed exclusively
2401 of Arabian horses registered with the Arabian Horse Registry of
2402 America. Any licensed thoroughbred permitholder that elects to
2403 run one additional race per racing day composed exclusively of
2404 Arabian horses registered with the Arabian Horse Registry of
2405 America is not required to provide stables for the Arabian
2406 horses racing under this paragraph.
2407 (c) Each licensed thoroughbred permitholder in this state
2408 may run up to three additional races per racing day composed
2409 exclusively of quarter horses registered with the American
2410 Quarter Horse Association.
2411 (6) Notwithstanding the provisions of subsection (2), a
2412 thoroughbred permitholder who fails to operate all performances
2413 on its 2001-2002 license does not lose its right to retain its
2414 permit. Such thoroughbred permitholder is eligible for issuance
2415 of an annual license pursuant to s. 550.0115 for subsequent
2416 thoroughbred racing seasons. The division shall take no
2417 disciplinary action against such thoroughbred permitholder for
2418 failure to operate all licensed performances for the 2001-2002
2419 license pursuant to this section or s. 550.01215. This section
2420 may not be interpreted to prohibit the division from taking
2421 disciplinary action against a thoroughbred permitholder for
2422 failure to pay taxes on performances operated pursuant to its
2423 2001-2002 license. This subsection expires July 1, 2003.
2424 (7) A thoroughbred permitholder shall file an amendment
2425 with the division no later than July 1, 2002, that indicates
2426 that it will not be able to operate the performances scheduled
2427 on its 2002-2003 license without imposition of any penalty for
2428 failure to operate all licensed performances provided in this
2429 chapter. This subsection expires July 1, 2003.
2430 Section 19. Subsections (4) and (7) of section 551.102,
2431 Florida Statutes, are amended to read:
2432 551.102 Definitions.—As used in this chapter, the term:
2433 (4) “Eligible facility” means any licensed pari-mutuel
2434 facility located in Miami-Dade County or Broward County existing
2435 at the time of adoption of s. 23, Art. X of the State
2436 Constitution that has conducted live racing or games during
2437 calendar years 2002 and 2003 and has been approved by a majority
2438 of voters in a countywide referendum to have slot machines at
2439 such facility in the respective county; any licensed pari-mutuel
2440 facility located within a county as defined in s. 125.011,
2441 provided such facility has conducted live racing for 2
2442 consecutive calendar years immediately preceding its application
2443 for a slot machine license, pays the required license fee, and
2444 meets the other requirements of this chapter; or any licensed
2445 pari-mutuel facility in any other county in which a majority of
2446 voters have approved slot machines at such facilities in a
2447 countywide referendum held pursuant to a statutory or
2448 constitutional authorization after the effective date of this
2449 section in the respective county, provided such facility has
2450 conducted a full schedule of live racing for 2 consecutive
2451 calendar years immediately preceding its application for a slot
2452 machine license, pays the required licensed fee, and meets the
2453 other requirements of this chapter.
2454 (7) “Progressive system” means a computerized system
2455 linking slot machines in one or more licensed facilities within
2456 this state or other jurisdictions and offering one or more
2457 common progressive payouts based on the amounts wagered.
2458 Section 20. Paragraph (j) of subsection (4) and paragraph
2459 (a) of subsection (10) of section 551.104, Florida Statutes, are
2460 amended to read:
2461 551.104 License to conduct slot machine gaming.—
2462 (4) As a condition of licensure and to maintain continued
2463 authority for the conduct of slot machine gaming, the slot
2464 machine licensee shall:
2465 (j) Ensure that the payout percentage of a slot machine
2466 gaming facility is at least no less than 85 percent.
2467 (10)(a)1. No slot machine license or renewal thereof shall
2468 be issued to an applicant holding a permit under chapter 550 to
2469 conduct pari-mutuel wagering meets of thoroughbred racing unless
2470 the applicant has on file with the division a binding written
2471 agreement between the applicant and the Florida Horsemen’s
2472 Benevolent and Protective Association, Inc., governing the
2473 payment of purses on live thoroughbred races conducted at the
2474 licensee’s pari-mutuel facility. In addition, no slot machine
2475 license or renewal thereof shall be issued to such an applicant
2476 unless the applicant has on file with the division a binding
2477 written agreement between the applicant and the Florida
2478 Thoroughbred Breeders’ Association, Inc., governing the payment
2479 of breeders’, stallion, and special racing awards on live
2480 thoroughbred races conducted at the licensee’s pari-mutuel
2481 facility. The agreement governing purses and the agreement
2482 governing awards may direct the payment of such purses and
2483 awards from revenues generated by any wagering or gaming the
2484 applicant is authorized to conduct under Florida law. All purses
2485 and awards shall be subject to the terms of chapter 550. All
2486 sums for breeders’, stallion, and special racing awards shall be
2487 remitted monthly to the Florida Thoroughbred Breeders’
2488 Association, Inc., for the payment of awards subject to the
2489 administrative fee authorized in s. 550.2625(3).
2490 2. No slot machine license or renewal thereof shall be
2491 issued to an applicant holding a permit under chapter 550 to
2492 conduct pari-mutuel wagering meets of quarter horse racing
2493 unless the applicant has on file with the division a binding
2494 written agreement between the applicant and the Florida Quarter
2495 Horse Racing Association or the association representing a
2496 majority of the horse owners and trainers at the applicants
2497 eligible facility, governing the payment of purses on live
2498 quarter horse races conducted at the licensee’s pari-mutuel
2499 facility. The agreement governing purses may direct the payment
2500 of such purses from revenues generated by any wagering or gaming
2501 the applicant is authorized to conduct under Florida law. All
2502 purses shall be subject to the terms of chapter 550.
2503 (b) The division shall suspend a slot machine license if
2504 one or more of the agreements required under paragraph (a) are
2505 terminated or otherwise cease to operate or if the division
2506 determines that the licensee is materially failing to comply
2507 with the terms of such an agreement. Any such suspension shall
2508 take place in accordance with chapter 120.
2509 (c)1. If an agreement required under paragraph (a) cannot
2510 be reached prior to the initial issuance of the slot machine
2511 license, either party may request arbitration or, in the case of
2512 a renewal, if an agreement required under paragraph (a) is not
2513 in place 120 days prior to the scheduled expiration date of the
2514 slot machine license, the applicant shall immediately ask the
2515 American Arbitration Association to furnish a list of 11
2516 arbitrators, each of whom shall have at least 5 years of
2517 commercial arbitration experience and no financial interest in
2518 or prior relationship with any of the parties or their
2519 affiliated or related entities or principals. Each required
2520 party to the agreement shall select a single arbitrator from the
2521 list provided by the American Arbitration Association within 10
2522 days of receipt, and the individuals so selected shall choose
2523 one additional arbitrator from the list within the next 10 days.
2524 2. If an agreement required under paragraph (a) is not in
2525 place 60 days after the request under subparagraph 1. in the
2526 case of an initial slot machine license or, in the case of a
2527 renewal, 60 days prior to the scheduled expiration date of the
2528 slot machine license, the matter shall be immediately submitted
2529 to mandatory binding arbitration to resolve the disagreement
2530 between the parties. The three arbitrators selected pursuant to
2531 subparagraph 1. shall constitute the panel that shall arbitrate
2532 the dispute between the parties pursuant to the American
2533 Arbitration Association Commercial Arbitration Rules and chapter
2534 682.
2535 3. At the conclusion of the proceedings, which shall be no
2536 later than 90 days after the request under subparagraph 1. in
2537 the case of an initial slot machine license or, in the case of a
2538 renewal, 30 days prior to the scheduled expiration date of the
2539 slot machine license, the arbitration panel shall present to the
2540 parties a proposed agreement that the majority of the panel
2541 believes equitably balances the rights, interests, obligations,
2542 and reasonable expectations of the parties. The parties shall
2543 immediately enter into such agreement, which shall satisfy the
2544 requirements of paragraph (a) and permit issuance of the pending
2545 annual slot machine license or renewal. The agreement produced
2546 by the arbitration panel under this subparagraph shall be
2547 effective until the last day of the license or renewal period or
2548 until the parties enter into a different agreement. Each party
2549 shall pay its respective costs of arbitration and shall pay one
2550 half of the costs of the arbitration panel, unless the parties
2551 otherwise agree. If the agreement produced by the arbitration
2552 panel under this subparagraph remains in place 120 days prior to
2553 the scheduled issuance of the next annual license renewal, then
2554 the arbitration process established in this paragraph will begin
2555 again.
2556 4. In the event that neither of the agreements required
2557 under subparagraph (a)1. or the agreement required under
2558 subparagraph (a)2. paragraph (a) are in place by the deadlines
2559 established in this paragraph, arbitration regarding each
2560 agreement will proceed independently, with separate lists of
2561 arbitrators, arbitration panels, arbitration proceedings, and
2562 resulting agreements.
2563 5. With respect to the agreements agreement required under
2564 paragraph (a) governing the payment of purses, the arbitration
2565 and resulting agreement called for under this paragraph shall be
2566 limited to the payment of purses from slot machine revenues
2567 only.
2568 (d) If any provision of this subsection or its application
2569 to any person or circumstance is held invalid, the invalidity
2570 does not affect other provisions or applications of this
2571 subsection or chapter which can be given effect without the
2572 invalid provision or application, and to this end the provisions
2573 of this subsection are severable.
2574 Section 21. Paragraph (a) of subsection (1), paragraph (a)
2575 of subsection (2), and subsection (3) of section 551.106,
2576 Florida Statutes, are amended to read:
2577 551.106 License fee; tax rate; penalties.—
2578 (1) LICENSE FEE.—
2579 (a) Upon submission of the initial application for a slot
2580 machine license and annually thereafter, on the anniversary date
2581 of the issuance of the initial license, the licensee must pay to
2582 the division a nonrefundable license fee of $3 million for the
2583 succeeding 12 months of licensure. In the 2010-2011 fiscal year,
2584 the licensee must pay the division a nonrefundable license fee
2585 of $2.5 million for the succeeding 12 months of licensure. In
2586 the 2011-2012 fiscal year and for every fiscal year thereafter,
2587 the licensee must pay the division a nonrefundable license fee
2588 of $2 million for the succeeding 12 months of licensure. The
2589 license fee shall be deposited into the Pari-mutuel Wagering
2590 Trust Fund of the Department of Business and Professional
2591 Regulation to be used by the division and the Department of Law
2592 Enforcement for investigations, regulation of slot machine
2593 gaming, and enforcement of slot machine gaming provisions under
2594 this chapter. These payments shall be accounted for separately
2595 from taxes or fees paid pursuant to the provisions of chapter
2596 550.
2597 (2) TAX ON SLOT MACHINE REVENUES.—
2598 (a) The tax rate on slot machine revenues at each facility
2599 shall be 35 50 percent. If, during any state fiscal year, the
2600 aggregate amount of tax paid to the state by all slot machine
2601 licensees in Broward and Miami-Dade Counties is less than the
2602 aggregate amount of tax paid to the state by all slot machine
2603 licensees in the 2008-2009 fiscal year, each slot machine
2604 licensee shall pay to the state within 45 days after the end of
2605 the state fiscal year a surcharge equal to its pro rata share of
2606 an amount equal to the difference between the aggregate amount
2607 of tax paid to the state by all slot machine licensees in the
2608 2008-2009 fiscal year and the amount of tax paid during the
2609 fiscal year. Each licensee’s pro rata share shall be an amount
2610 determined by dividing the number 1 by the number of facilities
2611 licensed to operate slot machines during the applicable fiscal
2612 year, regardless of whether the facility is operating such
2613 machines.
2614 (3) PAYMENT AND DISPOSITION OF TAXES.—Payment for the tax
2615 on slot machine revenues imposed by this section shall be paid
2616 to the division. The division shall deposit these sums with the
2617 Chief Financial Officer, to the credit of the Pari-mutuel
2618 Wagering Trust Fund. The slot machine licensee shall remit to
2619 the division payment for the tax on slot machine revenues. Such
2620 payments shall be remitted by 3 p.m. Wednesday of each week for
2621 taxes imposed and collected for the preceding week ending on
2622 Sunday. Beginning on July 1, 2012, the slot machine licensee
2623 shall remit to the division payment for the tax on slot machine
2624 revenues by 3 p.m. on the 5th day of each calendar month for
2625 taxes imposed and collected for the preceding calendar month. If
2626 the 5th day of the calendar month falls on a weekend, payments
2627 shall be remitted by 3 p.m. the first Monday following the
2628 weekend. The slot machine licensee shall file a report under
2629 oath by the 5th day of each calendar month for all taxes
2630 remitted during the preceding calendar month. Such payments
2631 shall be accompanied by a report under oath showing all slot
2632 machine gaming activities for the preceding calendar month and
2633 such other information as may be prescribed by the division.
2634 Section 22. Subsection (5) of section 551.121, Florida
2635 Statutes, is amended to read:
2636 551.121 Prohibited activities and devices; exceptions.—
2637 (5) A slot machine, or the computer operating system
2638 linking the slot machine, may be linked by any means to any
2639 other slot machine or computer operating system within the
2640 facility of a slot machine licensee. A progressive system may
2641 not be used in conjunction with slot machines between licensed
2642 facilities in Florida or in other jurisdictions.
2643 Section 23. Paragraph (a) of subsection (1) and paragraph
2644 (a) of subsection (2) and of section 772.102, Florida Statutes,
2645 are amended to read:
2646 772.102 Definitions.—As used in this chapter, the term:
2647 (1) “Criminal activity” means to commit, to attempt to
2648 commit, to conspire to commit, or to solicit, coerce, or
2649 intimidate another person to commit:
2650 (a) Any crime that is chargeable by indictment or
2651 information under the following provisions:
2652 1. Section 210.18, relating to evasion of payment of
2653 cigarette taxes.
2654 2. Section 414.39, relating to public assistance fraud.
2655 3. Section 440.105 or s. 440.106, relating to workers’
2656 compensation.
2657 4. Part IV of chapter 501, relating to telemarketing.
2658 5. Chapter 517, relating to securities transactions.
2659 6. Section 550.235 or, s. 550.3551, or s. 550.3605,
2660 relating to dogracing and horseracing.
2661 7. Chapter 550, relating to jai alai frontons.
2662 8. Chapter 552, relating to the manufacture, distribution,
2663 and use of explosives.
2664 9. Chapter 562, relating to beverage law enforcement.
2665 10. Section 624.401, relating to transacting insurance
2666 without a certificate of authority, s. 624.437(4)(c)1., relating
2667 to operating an unauthorized multiple-employer welfare
2668 arrangement, or s. 626.902(1)(b), relating to representing or
2669 aiding an unauthorized insurer.
2670 11. Chapter 687, relating to interest and usurious
2671 practices.
2672 12. Section 721.08, s. 721.09, or s. 721.13, relating to
2673 real estate timeshare plans.
2674 13. Chapter 782, relating to homicide.
2675 14. Chapter 784, relating to assault and battery.
2676 15. Chapter 787, relating to kidnapping or human
2677 trafficking.
2678 16. Chapter 790, relating to weapons and firearms.
2679 17. Section 796.03, s. 796.04, s. 796.045, s. 796.05, or s.
2680 796.07, relating to prostitution.
2681 18. Chapter 806, relating to arson.
2682 19. Section 810.02(2)(c), relating to specified burglary of
2683 a dwelling or structure.
2684 20. Chapter 812, relating to theft, robbery, and related
2685 crimes.
2686 21. Chapter 815, relating to computer-related crimes.
2687 22. Chapter 817, relating to fraudulent practices, false
2688 pretenses, fraud generally, and credit card crimes.
2689 23. Section 827.071, relating to commercial sexual
2690 exploitation of children.
2691 24. Chapter 831, relating to forgery and counterfeiting.
2692 25. Chapter 832, relating to issuance of worthless checks
2693 and drafts.
2694 26. Section 836.05, relating to extortion.
2695 27. Chapter 837, relating to perjury.
2696 28. Chapter 838, relating to bribery and misuse of public
2697 office.
2698 29. Chapter 843, relating to obstruction of justice.
2699 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
2700 s. 847.07, relating to obscene literature and profanity.
2701 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
2702 849.25, relating to gambling.
2703 32. Chapter 893, relating to drug abuse prevention and
2704 control.
2705 33. Section 914.22 or s. 914.23, relating to witnesses,
2706 victims, or informants.
2707 34. Section 918.12 or s. 918.13, relating to tampering with
2708 jurors and evidence.
2709 (2) “Unlawful debt” means any money or other thing of value
2710 constituting principal or interest of a debt that is legally
2711 unenforceable in this state in whole or in part because the debt
2712 was incurred or contracted:
2713 (a) In violation of any one of the following provisions of
2714 law:
2715 1. Section 550.235 or, s. 550.3551, or s. 550.3605,
2716 relating to dogracing and horseracing.
2717 2. Chapter 550, relating to jai alai frontons.
2718 3. Section 687.071, relating to criminal usury, loan
2719 sharking, and shylocking.
2720 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
2721 849.25, relating to gambling.
2722 Section 24. Paragraphs (a) and (b) of subsection (5),
2723 subsection (6), paragraphs (a) and (b) of subsection (7),
2724 subsection (8), and paragraph (d) of subsection (13) of section
2725 849.086, Florida Statutes, are amended to read:
2726 849.086 Cardrooms authorized.—
2727 (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
2728 operate a cardroom in this state unless such person holds a
2729 valid cardroom license issued pursuant to this section.
2730 (a) Only those persons holding a valid cardroom license
2731 issued by the division may operate a cardroom. A cardroom
2732 license may only be issued to a licensed pari-mutuel
2733 permitholder and an authorized cardroom may only be operated at
2734 the same facility at which the permitholder is authorized under
2735 its valid pari-mutuel wagering permit to conduct pari-mutuel
2736 wagering activities. An initial cardroom license shall be issued
2737 to a pari-mutuel permitholder only after its facilities are in
2738 place and after it conducts its first day of live racing or
2739 games.
2740 (b) After the initial cardroom license is granted, the
2741 application for the annual license renewal shall be made in
2742 conjunction with the applicant’s annual application for its
2743 pari-mutuel license. If a permitholder has operated a cardroom
2744 during any of the 3 previous fiscal years and fails to include a
2745 renewal request for the operation of the cardroom in its annual
2746 application for license renewal, the permitholder may amend its
2747 annual application to include operation of the cardroom. In
2748 order for a cardroom license to be renewed the applicant must
2749 have requested, as part of its pari-mutuel annual license
2750 application, to conduct at least 90 percent of the total number
2751 of live performances conducted by such permitholder during
2752 either the state fiscal year in which its initial cardroom
2753 license was issued or the state fiscal year immediately prior
2754 thereto if the permitholder ran at least a full schedule of live
2755 racing or games in the prior year. If the application is for a
2756 harness permitholder cardroom, the applicant must have requested
2757 authorization to conduct a minimum of 140 live performances
2758 during the state fiscal year immediately prior thereto. If more
2759 than one permitholder is operating at a facility, each
2760 permitholder must have applied for a license to conduct a full
2761 schedule of live racing.
2762 (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED;
2763 APPLICATION; FEES.—
2764 (a) A person employed or otherwise working in a cardroom as
2765 a cardroom manager, floor supervisor, pit boss, dealer, or any
2766 other activity related to cardroom operations while the facility
2767 is conducting card playing or games of dominoes must hold a
2768 valid cardroom employee occupational license issued by the
2769 division. Food service, maintenance, and security employees with
2770 a current pari-mutuel occupational license and a current
2771 background check will not be required to have a cardroom
2772 employee occupational license.
2773 (b) Any cardroom management company or cardroom distributor
2774 associated with cardroom operations must hold a valid cardroom
2775 business occupational license issued by the division.
2776 (c) No licensed cardroom operator may employ or allow to
2777 work in a cardroom any person unless such person holds a valid
2778 occupational license. No licensed cardroom operator may
2779 contract, or otherwise do business with, a business required to
2780 hold a valid cardroom business occupational license, unless the
2781 business holds such a valid license.
2782 (d) The division shall establish, by rule, a schedule for
2783 the annual renewal of cardroom occupational licenses. Cardroom
2784 occupational licenses are not transferable.
2785 (e) Persons seeking cardroom occupational licenses, or
2786 renewal thereof, shall make application on forms prescribed by
2787 the division. Applications for cardroom occupational licenses
2788 shall contain all of the information the division, by rule, may
2789 determine is required to ensure eligibility.
2790 (f) The division shall adopt promulgate rules regarding
2791 cardroom occupational licenses. The provisions specified in s.
2792 550.105(4), (5), (6), (7), (8), and (10) relating to licensure
2793 shall be applicable to cardroom occupational licenses.
2794 (g) The division may deny, declare ineligible, or revoke
2795 any cardroom occupational license if the applicant or holder
2796 thereof has been found guilty or had adjudication withheld in
2797 this state or any other state, or under the laws of the United
2798 States of a felony or misdemeanor involving forgery, larceny,
2799 extortion, conspiracy to defraud, or filing false reports to a
2800 government agency, racing or gaming commission or authority.
2801 (h) Fingerprints for all cardroom occupational license
2802 applications shall be taken in a manner approved by the division
2803 and then shall be submitted to the Florida Department of Law
2804 Enforcement and the Federal Bureau of Investigation for a
2805 criminal records check upon initial application and at least
2806 every 5 years thereafter. The division may by rule require an
2807 annual record check of all renewal applications for a cardroom
2808 occupational license. The cost of processing fingerprints and
2809 conducting a record check shall be borne by the applicant.
2810 (i) The cardroom employee occupational license fee shall
2811 not exceed be $50 for any 12-month period. The cardroom business
2812 occupational license fee shall not exceed be $250 for any 12
2813 month period.
2814 (7) CONDITIONS FOR OPERATING A CARDROOM.—
2815 (a) A cardroom may be operated only at the location
2816 specified on the cardroom license issued by the division, and
2817 such location may only be the location at which the pari-mutuel
2818 permitholder is authorized to conduct pari-mutuel wagering
2819 activities pursuant to such permitholder’s valid pari-mutuel
2820 permit or as otherwise authorized by law. Cardroom operations
2821 may not be allowed beyond the hours provided in paragraph (b)
2822 regardless of the number of cardroom licenses issued for
2823 permitholders operating at the pari-mutuel facility.
2824 (b) Any cardroom operator horserace, greyhound race, or jai
2825 alai permitholder licensed under this section may operate a
2826 cardroom at the pari-mutuel facility daily throughout the year,
2827 on any day for a cumulative amount of 12 hours if the
2828 permitholder meets the requirements under paragraph (5)(b). The
2829 cardroom may be open a cumulative amount of 18 hours per day on
2830 Monday through Friday and 24 hours per day on Saturday and
2831 Sunday and on the holidays specified in s. 110.117(1).
2832 (8) METHOD OF WAGERS; LIMITATION.—
2833 (a) No wagering may be conducted using money or other
2834 negotiable currency. Games may only be played utilizing a
2835 wagering system whereby all players’ money is first converted by
2836 the house to tokens or chips which shall be used for wagering
2837 only at that specific cardroom.
2838 (b) The cardroom operator may limit the amount wagered in
2839 any game or series of games, but the maximum bet may not exceed
2840 $5 in value. There may not be more than three raises in any
2841 round of betting. The fee charged by the cardroom for
2842 participation in the game shall not be included in the
2843 calculation of the limitation on the bet amount provided in this
2844 paragraph. However, a cardroom operator may conduct games of
2845 Texas Hold-em without a betting limit if the required player
2846 buy-in is no more than $100.
2847 (c) A tournament shall consist of a series of games. The
2848 entry fee for a tournament may be set by the cardroom operator,
2849 including any re-buys, may not exceed the maximum amount that
2850 could be wagered by a participant in 10 like-kind, nontournament
2851 games under paragraph (b). Tournaments may be played only with
2852 tournament chips that are provided to all participants in
2853 exchange for an entry fee and any subsequent re-buys. All
2854 players must receive an equal number of tournament chips for
2855 their entry fee. Tournament chips have no cash value and
2856 represent tournament points only. There is no limitation on the
2857 number of tournament chips that may be used for a bet except as
2858 otherwise determined by the cardroom operator. Tournament chips
2859 may never be redeemed for cash or for any other thing of value.
2860 The distribution of prizes and cash awards must be determined by
2861 the cardroom operator before entry fees are accepted. For
2862 purposes of tournament play only, the term “gross receipts”
2863 means the total amount received by the cardroom operator for all
2864 entry fees, player re-buys, and fees for participating in the
2865 tournament less the total amount paid to the winners or others
2866 as prizes.
2867 (13) TAXES AND OTHER PAYMENTS.—
2868 (d)1. Each greyhound and jai alai permitholder that
2869 operates a cardroom facility shall use at least 4 percent of
2870 such permitholder’s cardroom monthly gross receipts to
2871 supplement greyhound purses or jai alai prize money,
2872 respectively, during the permitholder’s next ensuing pari-mutuel
2873 meet.
2874 2. Each thoroughbred and harness horse racing permitholder
2875 that operates a cardroom facility shall use at least 50 percent
2876 of such permitholder’s cardroom monthly net proceeds as follows:
2877 47 percent to supplement purses and 3 percent to supplement
2878 breeders’ awards during the permitholder’s next ensuing racing
2879 meet.
2880 3. No cardroom license or renewal thereof shall be issued
2881 to an applicant holding a permit under chapter 550 to conduct
2882 pari-mutuel wagering meets of quarter horse racing unless the
2883 applicant has on file with the division a binding written
2884 agreement between the applicant and the Florida Quarter Horse
2885 Racing Association or the association representing a majority of
2886 the horse owners and trainers at the applicants eligible
2887 facility, governing the payment of purses on live quarter horse
2888 races conducted at the licensee’s pari-mutuel facility. The
2889 agreement governing purses may direct the payment of such purses
2890 from revenues generated by any wagering or gaming the applicant
2891 is authorized to conduct under Florida law. All purses shall be
2892 subject to the terms of chapter 550.
2893 Section 25. Paragraph (a) of subsection (1) and paragraph
2894 (a) of subsection (2) of section 895.02, Florida Statutes, are
2895 amended to read:
2896 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
2897 (1) “Racketeering activity” means to commit, to attempt to
2898 commit, to conspire to commit, or to solicit, coerce, or
2899 intimidate another person to commit:
2900 (a) Any crime that is chargeable by petition, indictment,
2901 or information under the following provisions of the Florida
2902 Statutes:
2903 1. Section 210.18, relating to evasion of payment of
2904 cigarette taxes.
2905 2. Section 316.1935, relating to fleeing or attempting to
2906 elude a law enforcement officer and aggravated fleeing or
2907 eluding.
2908 3. Section 403.727(3)(b), relating to environmental
2909 control.
2910 4. Section 409.920 or s. 409.9201, relating to Medicaid
2911 fraud.
2912 5. Section 414.39, relating to public assistance fraud.
2913 6. Section 440.105 or s. 440.106, relating to workers’
2914 compensation.
2915 7. Section 443.071(4), relating to creation of a fictitious
2916 employer scheme to commit unemployment compensation fraud.
2917 8. Section 465.0161, relating to distribution of medicinal
2918 drugs without a permit as an Internet pharmacy.
2919 9. Section 499.0051, relating to crimes involving
2920 contraband and adulterated drugs.
2921 10. Part IV of chapter 501, relating to telemarketing.
2922 11. Chapter 517, relating to sale of securities and
2923 investor protection.
2924 12. Section 550.235 or, s. 550.3551, or s. 550.3605,
2925 relating to dogracing and horseracing.
2926 13. Chapter 550, relating to jai alai frontons.
2927 14. Section 551.109, relating to slot machine gaming.
2928 15. Chapter 552, relating to the manufacture, distribution,
2929 and use of explosives.
2930 16. Chapter 560, relating to money transmitters, if the
2931 violation is punishable as a felony.
2932 17. Chapter 562, relating to beverage law enforcement.
2933 18. Section 624.401, relating to transacting insurance
2934 without a certificate of authority, s. 624.437(4)(c)1., relating
2935 to operating an unauthorized multiple-employer welfare
2936 arrangement, or s. 626.902(1)(b), relating to representing or
2937 aiding an unauthorized insurer.
2938 19. Section 655.50, relating to reports of currency
2939 transactions, when such violation is punishable as a felony.
2940 20. Chapter 687, relating to interest and usurious
2941 practices.
2942 21. Section 721.08, s. 721.09, or s. 721.13, relating to
2943 real estate timeshare plans.
2944 22. Section 775.13(5)(b), relating to registration of
2945 persons found to have committed any offense for the purpose of
2946 benefiting, promoting, or furthering the interests of a criminal
2947 gang.
2948 23. Section 777.03, relating to commission of crimes by
2949 accessories after the fact.
2950 24. Chapter 782, relating to homicide.
2951 25. Chapter 784, relating to assault and battery.
2952 26. Chapter 787, relating to kidnapping or human
2953 trafficking.
2954 27. Chapter 790, relating to weapons and firearms.
2955 28. Chapter 794, relating to sexual battery, but only if
2956 such crime was committed with the intent to benefit, promote, or
2957 further the interests of a criminal gang, or for the purpose of
2958 increasing a criminal gang member’s own standing or position
2959 within a criminal gang.
2960 29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s.
2961 796.05, or s. 796.07, relating to prostitution and sex
2962 trafficking.
2963 30. Chapter 806, relating to arson and criminal mischief.
2964 31. Chapter 810, relating to burglary and trespass.
2965 32. Chapter 812, relating to theft, robbery, and related
2966 crimes.
2967 33. Chapter 815, relating to computer-related crimes.
2968 34. Chapter 817, relating to fraudulent practices, false
2969 pretenses, fraud generally, and credit card crimes.
2970 35. Chapter 825, relating to abuse, neglect, or
2971 exploitation of an elderly person or disabled adult.
2972 36. Section 827.071, relating to commercial sexual
2973 exploitation of children.
2974 37. Chapter 831, relating to forgery and counterfeiting.
2975 38. Chapter 832, relating to issuance of worthless checks
2976 and drafts.
2977 39. Section 836.05, relating to extortion.
2978 40. Chapter 837, relating to perjury.
2979 41. Chapter 838, relating to bribery and misuse of public
2980 office.
2981 42. Chapter 843, relating to obstruction of justice.
2982 43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
2983 s. 847.07, relating to obscene literature and profanity.
2984 44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
2985 849.25, relating to gambling.
2986 45. Chapter 874, relating to criminal gangs.
2987 46. Chapter 893, relating to drug abuse prevention and
2988 control.
2989 47. Chapter 896, relating to offenses related to financial
2990 transactions.
2991 48. Sections 914.22 and 914.23, relating to tampering with
2992 or harassing a witness, victim, or informant, and retaliation
2993 against a witness, victim, or informant.
2994 49. Sections 918.12 and 918.13, relating to tampering with
2995 jurors and evidence.
2996 (2) “Unlawful debt” means any money or other thing of value
2997 constituting principal or interest of a debt that is legally
2998 unenforceable in this state in whole or in part because the debt
2999 was incurred or contracted:
3000 (a) In violation of any one of the following provisions of
3001 law:
3002 1. Section 550.235 or, s. 550.3551, or s. 550.3605,
3003 relating to dogracing and horseracing.
3004 2. Chapter 550, relating to jai alai frontons.
3005 3. Section 551.109, relating to slot machine gaming.
3006 4. Chapter 687, relating to interest and usury.
3007 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
3008 849.25, relating to gambling.
3009 Section 26. Sections 1 through 3 of this act and this
3010 section shall take effect upon becoming law. Sections 4 through
3011 25 shall take effect only if the Governor and an authorized
3012 representative of the Seminole Tribe of Florida execute an
3013 Indian Gaming Compact pursuant to the Indian Gaming Regulatory
3014 Act of 1988 and requirements of this act, only if the compact is
3015 ratified by the Legislature, and only if the compact is approved
3016 or deemed approved, and not voided pursuant to the terms of this
3017 act, by the Department of the Interior, and such sections take
3018 effect on the date that the approved compact is published in the
3019 Federal Register.