HB 1415

1	A bill to be entitled
2	An act relating to destination resorts; amending s. 20.21,
3	F.S.; creating the Destination Resort Commission within
4	the Department of Revenue; amending s. 120.80, F.S.;
5	exempting the Destination Resort Commission from specified
6	provisions of the Administrative Procedure Act; creating
7	the Destination Resort Act; providing definitions;
8	providing that the Destination Resort Commission is a
9	separate budget entity from the Department of Revenue;
10	providing for the appointment and qualifications of
11	members of the commission; providing for the selection of
12	the chair and vice chair of the commission; providing that
13	the chair is the administrative head of the commission;
14	specifying the responsibilities of the chair; providing
15	that the commission serves as the agency head for purposes
16	of the Administrative Procedure Act; providing that the
17	executive director of the commission may serve as the
18	agency head for purposes of final agency action within the
19	authority delegated by the commission; specifying the
20	powers of the commission, including the power to authorize
21	limited gaming at up to five destination resorts, conduct
22	investigations, issue subpoenas, take enforcement actions,
23	and create an invitation to negotiate process to evaluate
24	applications for a resort license; specifying the
25	jurisdiction of the commission, the Department of Law
26	Enforcement, and local law enforcement agencies to
27	investigate criminal violations relating to limited
28	gaming; requiring the commission to revoke or suspend the
29	licensee of a person who was unqualified at the time of
30	licensure or who is no longer qualified to be licensed;
31	authorizing the commission to adopt rules relating to the
32	types of gaming authorized, requirements for the issuance,
33	renewal, revocation, and suspension of licenses, the
34	disclosure of financial interests, procedures to test
35	gaming equipment, procedures to verify gaming revenues and
36	the collection of taxes, requirements for gaming
37	equipment, procedures relating to a facilities-based
38	computer system, bond requirements of resort licensees,
39	the maintenance of records, procedures to calculate the
40	payout percentages of slot machines, security standards,
41	the scope and conditions for investigations and
42	inspections into the conduct of limited gaming, the
43	seizure of gaming equipment and records without notice or
44	a warrant, employee drug-testing programs, and the payment
45	of costs, fines, and application fees; authorizing the
46	commission to adopt emergency rules; exempting the rules
47	from specified provisions of the Administrative Procedure
48	Act; authorizing the commission to employ law enforcement
49	officers; specifying the qualifications and powers of law
50	enforcement officers employed by the commission; providing
51	for the appointment, qualifications, and powers of the
52	executive director of the commission; specifying persons
53	who may not be employed by the commission; requiring the
54	commission to adopt a code of ethics for its employees,
55	members, and agents; specifying prohibited financial
56	interests and relationships; imposing postemployment
57	restrictions on members, employees, and agents of the
58	commission; restricting the political activities of
59	members, employees, and agents of the commission;
60	prohibiting commissioners, employees, and agents of the
61	commission from wagering under certain circumstances;
62	requiring members, employees, and agents of the commission
63	to annually disclose certain financial interests;
64	specifying conditions under which members, employees, and
65	agents of the commission must immediately disclose certain
66	financial matters, criminal matters, employment
67	negotiations, the offering or acceptance of gifts, and the
68	offering of a bribe; prohibiting ex parte communications
69	between applicants or licensees and members of the
70	commission; requiring parties to an ex parte communication
71	to disclose the substance of the communication;
72	authorizing the imposition of a fine on a member of the
73	commission who fails to disclose an ex parte
74	communication; authorizing the Commission on Ethics to
75	investigate complaints alleging an ex parte communication;
76	requiring the Commission on Ethics to provide a report of
77	its findings to the Governor if it finds that a
78	commissioner violated the prohibitions on ex parte
79	communications; authorizing the Commission on Ethics to
80	bring an action against a commissioner to collect any
81	penalties assessed; prohibiting a person who participated
82	in an ex parte communication from appearing or
83	representing a person before the commission for a certain
84	time; specifying grounds for removal or termination of
85	employment of commissioners and employees who violate the
86	laws regulating limited gaming; preempting the regulation
87	of limited gaming at a destination resort to the state;
88	requiring the commission to develop an invitation to
89	negotiate process to award a resort license; specifying
90	the minimum criteria that an applicant must meet to be
91	awarded a destination resort license; specifying events
92	that disqualify an applicant from eligibility for a resort
93	license; specifying the information that must be on or
94	included with an application for a resort license;
95	specifying the amount of a nonrefundable application fee
96	for a resort license to be used to defray the costs of an
97	investigation of the applicant; authorizing the imposition
98	of additional fees if the amount of the application fee is
99	insufficient to cover the costs of the investigation;
100	requiring the payment of a one-time licensing fee to be
101	submitted along with an application for a resort license;
102	requiring the executive director to notify an applicant
103	for a resort license if the application is incomplete;
104	authorizing the applicant to have an informal conference
105	with the executive director to discuss an incomplete
106	application; authorizing the executive director to grant
107	an extension to complete an application; providing for the
108	stay of the award of a resort license during an extension
109	or the appeal to the commission of a finding by the
110	executive director that an application is incomplete;
111	exempting an institutional investor that is a qualifier
112	for a resort licensee from certain application
113	requirements under certain circumstances; requiring notice
114	to the commission of any changes that may require a person
115	to comply with the full application requirements;
116	exempting lending institutions and underwriters from
117	licensing requirements as a qualifier under certain
118	circumstances; specifying conditions for a resort licensee
119	to maintain licensure; requiring that the licensee post a
120	bond; specifying conditions for the conduct of limited
121	gaming by a resort licensee; specifying types of casino
122	games that may be offered at a facility based on specified
123	conditions; requiring the commission to renew the license
124	of a resort licensee if the licensee satisfies specified
125	conditions; specifying an annual fee for the renewal of a
126	resort license; imposing a tiered gross receipts tax based
127	on the amount of a resort licensee's infrastructure costs;
128	providing for the deposit of the tax into the Destination
129	Resort Trust Fund; providing for certain unappropriated
130	funds in the Destination Resort Trust Fund to be deposited
131	into the General Revenue Fund, the Tourism Promotional
132	Trust Fund, the Employment Security Administration Trust
133	Fund, and the Transportation Disadvantaged Trust Fund;
134	providing for the proceeds of the gross receipts tax to
135	fund the operations of the commission; providing
136	procedures for the submission and processing of
137	fingerprints of certain persons regulated by the
138	commission; providing that the cost of processing the
139	fingerprints shall be borne by a licensee or applicant;
140	requiring a person to report to the commission certain
141	pleas and convictions for disqualifying offenses;
142	requiring a resort licensee to train its employees about
143	compulsive gambling; requiring a resort licensee to work
144	with a compulsive gambling prevention program; requiring
145	the commission to contract for services relating to the
146	prevention of compulsive gambling; providing for the
147	commission's compulsive gambling prevention program to be
148	funded from a regulatory fee imposed on resort licensees;
149	requiring a person to have a supplier's license to furnish
150	certain goods and services to a resort licensee;
151	specifying the amount of the application fee for a
152	supplier's license; specifying persons who are
153	disqualified from receiving a supplier's license;
154	specifying circumstances under which the commission may
155	revoke a supplier's license; authorizing the commission to
156	adopt rules relating to the licensing of suppliers;
157	requiring a supplier licensee to furnish a list of gaming
158	devices and equipment to the commission, maintain records,
159	file quarterly returns, and affix its name to the gaming
160	equipment and supplies that it offers; requiring that the
161	supplier licensee annually report its inventory to the
162	commission; authorizing the commission to revoke a
163	supplier's license under certain circumstances; providing
164	that the equipment of a supplier's licensee which is used
165	in unauthorized gaming will be forfeited to the county
166	where the equipment is found; imposing a criminal penalty
167	on a person who knowingly makes a false statement on an
168	application for a supplier's license; requiring a person
169	to have an occupational license to serve as a limited
170	gaming employee of a resort licensee; requiring a person
171	to apply to the commission for an occupational license and
172	pay an application fee; specifying information that an
173	applicant must include in an application for an
174	occupational license; specifying grounds for the
175	commission to deny an application for an occupational
176	license; imposing a criminal penalty on a person who
177	knowingly makes a false statement on an application for an
178	occupational license; authorizing the executive director
179	of the commission to issue a temporary occupational or
180	temporary supplier's license under certain circumstances;
181	requiring the commission to file quarterly reports with
182	the Governor, the President of the Senate, and the Speaker
183	of the House of Representatives; specifying procedures for
184	the conduct of proceedings by the commission; authorizing
185	the chair of the commission to assign a proceeding to less
186	than the full commission; providing procedures for the
187	resolution of certain disputes between a resort licensee
188	and a patron; requiring a resort licensee to notify the
189	commission of certain disputes with a patron involving
190	amounts of $500 or more; requiring a resort licensee to
191	notify a patron of the right to file a complaint with the
192	commission regarding certain disputes of an amount less
193	than $500; authorizing the commission to investigate
194	disputes and to order a resort licensee to make a payment
195	to a patron; providing for the enforcement of credit
196	instruments; authorizing a resort licensee to accept an
197	incomplete credit instrument and to complete incomplete
198	credit instruments under certain circumstances; providing
199	that existence of a mental disorder is not a defense or a
200	valid counterclaim in an action to enforce a credit
201	instrument; authorizing the commission to adopt rules
202	prescribing the conditions under which a credit instrument
203	may be presented to a bank; providing that a resort
204	licensee has the right to exclude a person from its
205	limited gaming facility; authorizing a person to request
206	that the commission exclude her or him from limited gaming
207	facilities; specifying the required contents of the
208	request; providing that a self-excluded person who is
209	found on a gaming floor may be arrested and prosecuted for
210	criminal trespass; providing that a self-excluded person
211	holds harmless the commission and licensees from claims
212	for losses and damages under certain circumstances;
213	amending s. 849.15, F.S.; authorizing slot machine gaming
214	in a resort licensee and the transportation of slot
215	machines pursuant to federal law; amending s. 849.231,
216	F.S.; providing that a prohibition on gambling devices
217	does not apply to limited gaming as authorized in the act;
218	amending s. 849.25, F.S.; providing that a prohibition on
219	gaming does not apply to limited gaming as authorized in
220	the act; providing an effective date.
221
222	Be It Enacted by the Legislature of the State of Florida:
223
224	Section 1.  Subsection (7) is added to section 20.21,
225	Florida Statutes, to read:
226	20.21  Department of Revenue.-There is created a Department
227	of Revenue.
228	(7)  The Destination Resort Commission is created within
229	the Department of Revenue.
230	Section 2.  Subsection (17) is added to section 120.80,
231	Florida Statutes, to read:
232	120.80  Exceptions and special requirements; agencies.-
233	(17)  THE DESTINATION RESORT COMMISSION.-
234	(a)  The Destination Resort Commission is exempt from the
235	hearing and notice requirements of ss. 120.569 and 120.57(1)(a)
236	in proceedings for the issuance, denial, renewal, or amendment
237	of a destination resort license.
238	(b)  Section 120.60 does not apply to applications for a
239	destination resort license.
240	(c)  Notwithstanding the provisions of s. 120.542, the
241	Destination Resort Commission may not accept a petition for
242	waiver or variance and may not grant any waiver or variance from
243	the requirements of the Destination Resort Act, sections 3
244	through 35 of this act.
245	Section 3.  This section and sections 4 through 35 of this
246	act may be cited as the "Destination Resort Act" or the "Resort
247	Act."
248	Section 4.  Definitions.-As used in the Resort Act, the
249	term:
250	(1)  "Affiliate" means a person who, directly or
251	indirectly, through one or more intermediaries:
252	(a)  Controls, is controlled by, or is under common control
253	of;
254	(b)  Is in a partnership or joint venture relationship
255	with; or
256	(c)  Is a shareholder of a corporation, a member of a
257	limited liability company, or a partner in a limited liability
258	partnership with,
259
260	an applicant for a resort license or a resort licensee.
261	(2)  "Ancillary areas" includes the following areas within
262	a limited gaming facility, unless the context otherwise
263	requires:
264	(a)  Major aisles, the maximum area of which may not exceed
265	the limit within any part of the limited gaming facility as
266	specified by the commission.
267	(b)  Back-of-house facilities.
268	(c)  Any reception or information counter.
269	(d)  Any area designated for the serving or consumption of
270	food and beverages.
271	(e)  Any retail outlet.
272	(f)  Any area designated for performances.
273	(g)  Any area designated for aesthetic or decorative
274	displays.
275	(h)  Staircases, staircase landings, escalators, lifts, and
276	lift lobbies.
277	(i)  Bathrooms.
278	(j)  Any other area that is not intended to be used for the
279	conduct or playing of games or as a gaming pit as defined by
280	rules of the commission or specified in the application for the
281	destination resort license.
282	(3)  "Applicant," as the context requires, means a person
283	who applies for a resort license, supplier's license, or
284	occupational license. A county, municipality, or other unit of
285	government is prohibited from applying for a resort license.
286	(4)  "Chair" means the chair of the Destination Resort
287	Commission.
288	(5)  "Commission" means the Destination Resort Commission.
289	(6)  "Conflict of interest" means a situation in which the
290	private interest of a member, employee, or agent of the
291	commission may influence his or her judgment in the performance
292	of his or her public duty under the Resort Act. A conflict of
293	interest includes, but is not limited to:
294	(a)  Any conduct that would lead a reasonable person having
295	knowledge of all of the circumstances to conclude that the
296	member, employee, or agent of the commission is biased against
297	or in favor of an applicant.
298	(b)  The acceptance of any form of compensation from a
299	source other than the commission for any services rendered as
300	part of the official duties of the member, employee, or agent of
301	the commission.
302	(c)  Participation in any business transaction with or
303	before the commission in which the member, employee, or agent of
304	the commission, or the parent, spouse, or child of a member,
305	employee, or the agent, has a financial interest.
306	(7)  "Department" means the Department of Revenue.
307	(8)  "Destination resort" or "resort" means a freestanding,
308	land-based structure in which limited gaming may be conducted. A
309	destination resort is a mixed-use development consisting of a
310	combination of various tourism amenities and facilities,
311	including, but not limited to, hotels, villas, restaurants,
312	limited gaming facilities, convention facilities, attractions,
313	entertainment facilities, service centers, and shopping centers.
314	(9)  "Destination resort license" or "resort license" means
315	a license to operate and maintain a destination resort having a
316	limited gaming facility.
317	(10)  "Executive director" means the executive director of
318	the commission.
319	(11)  "Financial interest" or "financially interested"
320	means any interest in investments or awarding of contracts,
321	grants, loans, purchases, leases, sales, or similar matters
322	under consideration or consummated by the commission, or
323	ownership in an applicant or a licensee. A member, employee, or
324	agent of the commission is deemed to have a financial interest
325	in a matter if:
326	(a)  The individual owns any interest in any class of
327	outstanding securities that are issued by a party to the matter
328	under consideration by the commission, except indirect interests
329	such as a mutual fund; or
330	(b)  The individual is employed by or is an independent
331	contractor for a party to a matter under consideration by the
332	commission.
333	(12)  "Gaming pit" means an area commonly known as a gaming
334	pit or any similar area from which limited gaming employees
335	administer and supervise the games.
336	(13)  "Gross receipts" means the total of cash or cash
337	equivalents received or retained as winnings by a resort
338	licensee and the compensation received for conducting any game
339	in which the resort licensee is not party to a wager, less cash
340	taken in fraudulent acts perpetrated against the resort licensee
341	for which the resort licensee is not reimbursed. The term does
342	not include:
343	(a)  Counterfeit money or tokens;
344	(b)  Coins of other countries which are received in gaming
345	devices and which cannot be converted into United States
346	currency;
347	(c)  Promotional credits or "free play" as provided by the
348	resort licensee as a means of marketing the limited gaming
349	facility; or
350	(d)  The amount of any credit extended until collected.
351	(14)  "Individual" means a natural person.
352	(15)  "Institutional investor" means, but is not limited
353	to:
354	(a)  A retirement fund administered by a public agency for
355	the exclusive benefit of federal, state, or county public
356	employees.
357	(b)  An employee benefit plan or pension fund that is
358	subject to the Employee Retirement Income Security Act of 1974
359	(ERISA).
360	(c)  An investment company registered under the Investment
361	Company Act of 1940.
362	(d)  A collective investment trust organized by a bank
363	under 12 C.F.R. part 9, s. 9.18.
364	(e)  A closed-end investment trust.
365	(f)  A life insurance company or property and casualty
366	insurance company.
367	(g)  A financial institution.
368	(h)  An investment advisor registered under the Investment
369	Advisers Act of 1940.
370	(16)  "Junket enterprise" means any person who, for
371	compensation, employs or otherwise engages in the procurement or
372	referral of persons for a junket to a destination resort
373	licensed under the Resort Act regardless of whether those
374	activities occur within this state. The term does not include a
375	resort licensee or applicant for a resort license or a person
376	holding an occupational license.
377	(17)  "License," as the context requires, means a resort
378	license, supplier's license, or an occupational license.
379	(18)  "Licensee," as the context requires, means a person
380	who is licensed as resort licensee, supplier licensee, or
381	occupational licensee.
382	(19)  "Limited gaming," "game," or "gaming," as the context
383	requires, means the games authorized pursuant to the Resort Act
384	in a limited gaming facility, including, but not limited to,
385	those commonly known as baccarat, twenty-one, poker, craps, slot
386	machines, video gaming of chance, roulette wheels, Klondike
387	tables, punch-board, faro layout, numbers ticket, push car, jar
388	ticket, pull tab, or their common variants, or any other game of
389	chance or wagering device that is authorized by the commission.
390	(20)  "Limited gaming employee" means any employee of a
391	resort licensee, including, but not limited to:
392	(a)  Cashiers.
393	(b)  Change personnel.
394	(c)  Count room personnel.
395	(d)  Slot machine attendants.
396	(e)  Hosts or other individuals authorized to extend
397	complimentary services, including employees performing functions
398	similar to those performed by a representative for a junket
399	enterprise.
400	(f)  Machine mechanics, computer machine technicians, or
401	table game device technicians.
402	(g)  Security personnel.
403	(h)  Surveillance personnel.
404	(i)  Promotional play supervisors, credit supervisors, pit
405	supervisors, cashier supervisors, shift supervisors, table game
406	managers, assistant managers, and other supervisors and
407	managers.
408	(j)  Boxmen.
409	(k)  Dealers or croupiers.
410	(l)  Floormen.
411	(m)  Personnel authorized to issue promotional credits.
412	(n)  Personnel authorized to issue credit.
413
414	The term includes an employee of a person holding a supplier's
415	license whose duties are directly involved with the repair or
416	distribution of slot machines or table game devices or
417	associated equipment sold or provided to a resort licensee. The
418	term does not include bartenders, cocktail servers, or other
419	persons solely engaged in preparing or serving food or
420	beverages, clerical or secretarial personnel, parking
421	attendants, janitorial staff, stage hands, sound and light
422	technicians, and other nongaming personnel as determined by the
423	commission. The term includes a person employed by a person or
424	entity other than a resort licensee who performs the functions
425	of a limited gaming employee.
426	(21)  "Limited gaming facility" means the limited gaming
427	floor and any ancillary areas.
428	(22)  "Limited gaming floor" means the approved gaming area
429	of a resort. Ancillary areas in or directly adjacent to the
430	gaming area are not part of the limited gaming floor for
431	purposes of calculating the size of the limited gaming floor.
432	(23)  "Managerial employee" has the same meaning as in s.
433	447.203(4), Florida Statutes.
434	(24)  "Occupational licensee" means a person who is
435	licensed to be a limited gaming employee.
436	(25)  "Qualifier" means an affiliate, affiliated company,
437	officer, director, or managerial employee of an applicant for a
438	resort license, or a person who holds a direct or indirect
439	equity interest in the applicant. The term may include an
440	institutional investor. As used in this subsection, the terms
441	"affiliate," "affiliated company," and "a person who holds a
442	direct or indirect equity interest in the applicant" do not
443	include a partnership, a joint venture relationship, a
444	shareholder of a corporation, a member of a limited liability
445	company, or a partner in a limited liability partnership that
446	has a direct or indirect equity interest in the applicant for a
447	resort license of 5 percent or less and is not involved in the
448	gaming operations as defined by the rules of the commission.
449	(26)  "Supplier licensee" or "supplier" means a person who
450	is licensed to furnish gaming equipment, devices, or supplies or
451	other goods or services to a resort licensee.
452	(27)  "Wagerer" means a person who plays a game authorized
453	under the Resort Act.
454	Section 5.  Destination Resort Commission; creation and
455	membership.-
456	(1)  CREATION.-There is created the Destination Resort
457	Commission assigned to the Department of Revenue for
458	administrative purposes only. The commission is a separate
459	budget entity not subject to control, supervision, or direction
460	by the Department of Revenue in any manner, including, but not
461	limited to, personnel, purchasing, transactions involving real
462	or personal property, and budgetary matters. The commission
463	shall be composed of seven members who are residents of the
464	state and who have experience in corporate finance, tourism,
465	convention and resort management, gaming, investigation or law
466	enforcement, business law, or related legal experience. The
467	members of the commission shall serve as the agency head of the
468	Destination Resort Commission. The commission is exempt from the
469	provisions of s. 20.052, Florida Statutes.
470	(2)  MEMBERS.-Three of the members shall be appointed by
471	the Governor and confirmed by the Senate in the legislative
472	session following appointment. Two of the members shall be
473	appointed by the President of the Senate. Two of the members
474	shall be appointed by the Speaker of the House of
475	Representatives. Each member shall be appointed to a 4-year
476	term. However, for the purpose of providing staggered terms, of
477	the initial appointments, the three members appointed by the
478	Governor shall be appointed to 2-year terms and the remaining
479	four members shall be appointed to 4-year terms. Terms expire on
480	June 30. Upon the expiration of the term of a commissioner, a
481	successor shall be appointed in the same manner as the original
482	appointment to serve for a 4-year term. A commissioner whose
483	term has expired shall continue to serve on the commission until
484	such time as a replacement is appointed. If a vacancy on the
485	commission occurs before the expiration of the term, it shall be
486	filled for the unexpired portion of the term in the same manner
487	as the original appointment.
488	(a)1.  One member of the commission must be a certified
489	public accountant licensed in this state who possesses at least
490	5 years of experience in general accounting. The member must
491	also possess a comprehensive knowledge of the principles and
492	practices of corporate finance or auditing, general finance,
493	gaming, or economics.
494	2.  One member of the commission must have experience in
495	the fields of investigation or law enforcement.
496	3.  When making appointments to the commission, the
497	Governor shall announce the classification by experience of the
498	person appointed.
499	(b)  A person may not be appointed to or serve as a member
500	of the commission if the person:
501	1.  Is an elected state official;
502	2.  Is licensed by the commission, or is an officer of, has
503	a financial interest in, or has a direct or indirect contractual
504	relationship with, any applicant for a resort license or resort
505	licensee;
506	3.  Is related to any person within the second degree of
507	consanguinity of affinity who is licensed by the commission; or
508	4.  Has, within the 10 years preceding his or her
509	appointment, been under indictment for, convicted of, pled
510	guilty or nolo contendere to, or forfeited bail for a felony or
511	a misdemeanor involving gambling or fraud under the laws of this
512	or any other state or the United States.
513	(c)  Members of the commission shall serve full time.
514	(3)  CHAIR AND VICE CHAIR.-
515	(a)  The chair shall be appointed by the Governor. The vice
516	chair of the commission shall be elected by the members of the
517	commission during the first meeting of the commission on or
518	after July 1 of each year. The chair shall be the administrative
519	head of the commission. The chair shall set the agenda for each
520	meeting. The chair shall approve all notices, vouchers,
521	subpoenas, and reports as required by the Resort Act. The chair
522	shall preserve order and decorum and shall have general control
523	of the commission meetings. The chair shall decide all questions
524	of order. The chair may name any member of the commission to
525	perform the duties of the chair for a meeting if such
526	substitution does not extend beyond that meeting.
527	(b)  If for any reason the chair is absent and fails to
528	name a member, the vice chair shall assume the duties of the
529	chair during the chair's absence. On the death, incapacitation,
530	or resignation of the chair, the vice chair shall perform the
531	duties of the office until the Governor appoints a successor.
532	(c)  The administrative responsibilities of the chair are
533	to plan, organize, and control administrative support services
534	for the commission. Administrative functions include, but are
535	not limited to, finance and accounting, revenue accounting,
536	personnel, and office services.
537	(4)  QUORUM.-Four members of the commission constitute a
538	quorum.
539	(5)  HEADQUARTERS.-The headquarters of the commission shall
540	be located in Tallahassee.
541	(6)  MEETINGS.-The commission must meet at least monthly.
542	Meetings may be called by the chair or by four members of the
543	commission upon 72 hours' public notice. The initial meeting of
544	the commission must be held by October 1, 2011.
545	(7)  AGENCY HEAD.-The commission shall serve as the agency
546	head for purposes of chapter 120, Florida Statutes. The
547	executive director of the commission may serve as the agency
548	head for purposes of final agency action under chapter 120,
549	Florida Statutes, for all areas within the regulatory authority
550	delegated to the executive director's office.
551	Section 6.  Destination Resort Commission; powers and
552	duties.-
553	(1)  The commission has jurisdiction over and shall
554	supervise all destination resort limited gaming activity
555	governed by the Resort Act, including the power to:
556	(a)  Authorize limited gaming at five destination resorts.
557	(b)  Conduct such investigations as necessary to fulfill
558	its responsibilities.
559	(c)  Use an invitation to negotiate process for applicants
560	based on minimum requirements established by the Resort Act and
561	rules of the commission.
562	(d)  Investigate applicants for a resort license and
563	determine the eligibility of applicants for a resort license and
564	to select from competing applicants the applicant that best
565	serves the interests of the residents of Florida, based on the
566	potential for economic development presented by the applicant's
567	proposed investment in infrastructure, such as hotels and other
568	nongaming entertainment facilities, and the applicant's ability
569	to maximize revenue for the state.
570	(e)  Grant a license to the applicant best suited to
571	operate a destination resort that has limited gaming.
572	(f)  Establish and collect fees for performing background
573	checks on all applicants for licenses and all persons with whom
574	the commission may contract for the providing of goods or
575	services and for performing, or having performed, tests on
576	equipment and devices to be used in a limited gaming facility.
577	(g)  Issue subpoenas for the attendance of witnesses and
578	subpoenas duces tecum for the production of books, records, and
579	other pertinent documents as provided by law, and to administer
580	oaths and affirmations to the witnesses, if, in the judgment of
581	the commission, it is necessary to enforce the Resort Act or
582	commission rules. If a person fails to comply with a subpoena,
583	the commission may petition the circuit court of the county in
584	which the person subpoenaed resides or has his or her principal
585	place of business for an order requiring the subpoenaed person
586	to appear and testify and to produce books, records, and
587	documents as specified in the subpoena. The court may grant
588	legal, equitable, or injunctive relief, which may include, but
589	is not limited to, issuance of a writ of ne exeat or restraint
590	by injunction or appointment of a receiver of any transfer,
591	pledge, assignment, or other disposition of such person's assets
592	or any concealment, alteration, destruction, or other
593	disposition of subpoenaed books, records, or documents, as the
594	court deems appropriate, until the person subpoenaed has fully
595	complied with the subpoena and the commission has completed the
596	audit, examination, or investigation. The commission is entitled
597	to the summary procedure provided in s. 51.011, Florida
598	Statutes, and the court shall advance the cause on its calendar.
599	Costs incurred by the commission to obtain an order granting, in
600	whole or in part, such petition for enforcement of a subpoena
601	shall be charged against the subpoenaed person, and failure to
602	comply with such order is a contempt of court.
603	(h)  Require or permit a person to file a statement in
604	writing, under oath or otherwise as the commission or its
605	designee requires, as to all the facts and circumstances
606	concerning the matter to be audited, examined, or investigated.
607	(i)  Keep accurate and complete records of its proceedings
608	and to certify the records as may be appropriate.
609	(j)  Take any other action as may be reasonable or
610	appropriate to enforce the Resort Act and rules adopted by the
611	commission.
612	(k)  Apply for injunctive or declaratory relief in a court
613	of competent jurisdiction to enforce the Resort Act and any
614	rules adopted by the commission.
615	(l)  Establish field offices, as deemed necessary by the
616	commission.
617	(2)  The Department of Law Enforcement and local law
618	enforcement agencies have concurrent jurisdiction to investigate
619	criminal violations of the Resort Act and may investigate any
620	other criminal violation of law occurring at the limited gaming
621	facilities. Such investigations may be conducted in conjunction
622	with the appropriate state attorney.
623	(3)(a)  The commission, the Department of Law Enforcement,
624	and local law enforcement agencies have unrestricted access to
625	the limited gaming facility at all times and shall require of
626	each resort licensee strict compliance with the laws of this
627	state relating to the transaction of such business. The
628	commission, the Department of Law Enforcement, and local law
629	enforcement agencies may:
630	1.  Inspect and examine premises where authorized limited
631	gaming devices are offered for play.
632	2.  Inspect slot machines, other authorized gaming devices,
633	and related equipment and supplies.
634	(b)  In addition, the commission may:
635	1.  Collect taxes, assessments, fees, and penalties.
636	2.  Deny, revoke, suspend, or place conditions on a
637	licensee who violates any provision of the Resort Act, a rule
638	adopted by the commission, or an order of the commission.
639	(4)  The commission must revoke or suspend the license of
640	any person who is no longer qualified or who is found, after
641	receiving a license, to have been unqualified at the time of
642	application for the license.
643	(5)  This section does not:
644	(a)  Prohibit the Department of Law Enforcement or any law
645	enforcement authority whose jurisdiction includes a resort
646	licensee or a supplier licensee from conducting investigations
647	of criminal activities occurring at the facilities of a resort
648	licensee or supplier licensee;
649	(b)  Restrict access to the limited gaming facility by the
650	Department of Law Enforcement or any local law enforcement
651	authority whose jurisdiction includes a resort licensee's
652	facility; or
653	(c)  Restrict access by the Department of Law Enforcement
654	or a local law enforcement agency to information and records
655	necessary for the investigation of criminal activity which are
656	contained within the facilities of a resort licensee or supplier
657	licensee.
658	Section 7.  Rulemaking.-
659	(1)  The commission shall adopt all rules necessary to
660	implement, administer, and regulate limited gaming under the
661	Destination Resort Act. The rules must include:
662	(a)  The types of limited gaming activities to be conducted
663	and the rules for those games, including any restriction upon
664	the time, place, and structures where limited gaming is
665	authorized.
666	(b)  Requirements, procedures, qualifications, and grounds
667	for the issuance, renewal, revocation, suspension, and summary
668	suspension of a resort license, supplier's license, or
669	occupational license.
670	(c)  Requirements for the disclosure of the complete
671	financial interests of licensees and applicants for licenses.
672	(d)  Technical requirements and the qualifications that are
673	necessary to receive a license.
674	(e)  Procedures to scientifically test and technically
675	evaluate slot machines and other authorized gaming devices for
676	compliance with the Resort Act and the rules adopted by the
677	commission. The commission may contract with an independent
678	testing laboratory to conduct any necessary testing. The
679	independent testing laboratory must have a national reputation
680	for being demonstrably competent and qualified to scientifically
681	test and evaluate slot machines and other authorized gaming
682	devices. An independent testing laboratory may not be owned or
683	controlled by a licensee. The use of an independent testing
684	laboratory for any purpose related to the conduct of slot
685	machine gaming and other authorized gaming by a resort licensee
686	shall be made from a list of laboratories approved by the
687	commission.
688	(f)  Procedures relating to limited gaming revenues,
689	including verifying and accounting for such revenues, auditing,
690	and collecting taxes and fees.
691	(g)  Requirements for limited gaming equipment, including
692	the types and specifications of all equipment and devices that
693	may be used in limited gaming facilities.
694	(h)  Procedures for regulating, managing, and auditing the
695	operation, financial data, and program information relating to
696	limited gaming which allow the commission and the Department of
697	Law Enforcement to audit the operation, financial data, and
698	program information of a resort licensee, as required by the
699	commission or the Department of Law Enforcement, and provide the
700	commission and the Department of Law Enforcement with the
701	ability to monitor, at any time on a real-time basis, wagering
702	patterns, payouts, tax collection, and compliance with any rules
703	adopted by the commission for the regulation and control of
704	limited gaming. Such continuous and complete access, at any time
705	on a real-time basis, shall include the ability of either the
706	commission or the Department of Law Enforcement to suspend play
707	immediately on particular slot machines or other gaming devices
708	if monitoring of the facilities-based computer system indicates
709	possible tampering or manipulation of those slot machines or
710	gaming devices or the ability to suspend play immediately of the
711	entire operation if the tampering or manipulation is of the
712	computer system itself. The commission shall notify the
713	Department of Law Enforcement or the Department of Law
714	Enforcement shall notify the commission, as appropriate,
715	whenever there is a suspension of play pursuant this paragraph.
716	The commission and the Department of Law Enforcement shall
717	exchange information that is necessary for, and cooperate in the
718	investigation of, the circumstances requiring suspension of play
719	pursuant to this paragraph.
720	(i)  Procedures for requiring each resort licensee at his
721	or her own cost and expense to supply the commission with a bond
722	as required.
723	(j)  Procedures for requiring licensees to maintain and to
724	provide to the commission records, data, information, or
725	reports, including financial and income records.
726	(k)  Procedures to calculate the payout percentages of slot
727	machines.
728	(l)  Minimum standards for security of the facilities,
729	including floor plans, security cameras, and other security
730	equipment.
731	(m)  The scope and conditions for investigations and
732	inspections into the conduct of limited gaming.
733	(n)  The standards and procedures for the seizure without
734	notice or hearing of gaming equipment, supplies, or books and
735	records for the purpose of examination and inspection.
736	(o)  Procedures for requiring resort licensees and supplier
737	licensees to implement and establish drug-testing programs for
738	all employees.
739	(p)  Procedures and guidelines for the continuous recording
740	of all gaming activities at a limited gaming facility. The
741	commission may require a resort licensee to timely provide all
742	or part of the original recordings pursuant to a schedule.
743	(q)  The payment of costs incurred by the commission or any
744	other agencies for investigations or background checks or costs
745	associated with testing limited gaming related equipment, which
746	must be paid by an applicant for a license or a licensee.
747	(r)  The levying of fines for violations of the Resort Act
748	or any rule adopted by the commission, which fines may not
749	exceed $250,000 per violation arising out of a single
750	transaction.
751	(s)  The amount of any application fee or fee to renew an
752	occupational license or a suppliers license.
753	(t)  Any other rule necessary to accomplish the purposes of
754	the Resort Act.
755	(2)  The commission may at any time adopt emergency rules
756	pursuant to s. 120.54, Florida Statutes. The Legislature finds
757	that such emergency rulemaking power is necessary for the
758	preservation of the rights and welfare of the people in order to
759	provide additional funds to benefit the public. The Legislature
760	further finds that the unique nature of limited gaming
761	operations requires, from time to time, that the commission
762	respond as quickly as is practicable. Therefore, in adopting
763	such emergency rules, the commission need not make the findings
764	required by s. 120.54(4)(a), Florida Statutes. Emergency rules
765	adopted under this section are exempt from s. 120.54(4)(c),
766	Florida Statutes. However, the emergency rules may not remain in
767	effect for more than 180 days except that the commission may
768	renew the emergency rules during the pendency of procedures to
769	adopt permanent rules addressing the subject of the emergency
770	rules.
771	Section 8.  Law enforcement officers.-
772	(1)  The commission may employ sworn law enforcement
773	officers to enforce any criminal law, conduct any criminal
774	investigation, or enforce any statute within the jurisdiction of
775	the commission.
776	(2)  Each law enforcement officer must meet the
777	qualifications for law enforcement officers under s. 943.13,
778	Florida Statutes, and must be certified as a law enforcement
779	officer by the Department of Law Enforcement. Upon
780	certification, each law enforcement officer is subject to and
781	has the authority provided to law enforcement officers generally
782	under chapter 901, Florida Statutes, and has statewide
783	jurisdiction.
784	(3)  Each officer has arrest authority as provided for
785	state law enforcement officers under s. 901.15, Florida
786	Statutes, and full law enforcement powers granted to other
787	officers of this state, including the authority to make arrests,
788	carry firearms, serve court process, and seize contraband and
789	proceeds from illegal activities.
790	(4)  Each law enforcement officer of the commission, upon
791	certification under s. 943.1395, Florida Statutes, has the same
792	right and authority to carry arms as do the sheriffs of this
793	state.
794	Section 9.  Executive director.-The commission shall
795	appoint or remove the executive director of the commission by a
796	majority vote. An interim executive director shall be appointed
797	within 10 days after the initial meeting of the commission.
798	(1)  The executive director:
799	(a)  Shall devote full time to the duties of the office;
800	(b)  May not hold any other office or employment;
801	(c)  Shall perform all duties assigned by the commission;
802	and
803	(d)  May hire assistants and employees as necessary to
804	conduct the business of the commission, and consultants
805	necessary for the efficient operation of destination resorts.
806	(2)(a)  The executive director may not employ a person who,
807	during the 3 years immediately preceding employment, held a
808	direct or indirect interest in, or was employed by:
809	1.  A resort licensee or supplier licensee;
810	2.  An applicant for a resort license or an applicant for a
811	similar license in another jurisdiction;
812	3.  An entity licensed to operate a gaming facility in
813	another state;
814	4.  A pari-mutuel gaming facility licensed to operate in
815	this state; or
816	5.  A tribal gaming facility within this state.
817	(b)  Notwithstanding paragraph (a), a person may be
818	employed by the commission if the commission finds that the
819	person's former interest in any licensee will not interfere with
820	the objective discharge of the person's employment obligations.
821	However, a person may not be employed by the commission if:
822	1.  The person's interest in an applicant, licensee, or
823	tribal facility constituted a controlling interest; or
824	2.  The person or the person's spouse, parent, child,
825	child's spouse, or sibling is a member of the commission, or a
826	director of, or a person financially interested in, an applicant
827	or a licensee.
828	Section 10.  Code of ethics.-
829	(1)  The commission shall adopt a code of ethics by rule
830	for its members, employees, and agents.
831	(2)  A member of the commission or the executive director
832	may not hold a direct or indirect interest in, be employed by,
833	or enter into a contract for service with an applicant or person
834	licensed by the commission for a period of 5 years after the
835	date of termination of the person's membership on or employment
836	with the commission.
837	(3)  An employee of the commission may not acquire a direct
838	or indirect interest in, be employed by, or enter into a
839	contract for services with an applicant or person licensed by
840	the commission for a period of 3 years after the date of
841	termination of the person's employment with the commission.
842	(4)  A commission member or a person employed by the
843	commission may not represent a person or party other than the
844	state before or against the commission for a period of 3 years
845	after the date of termination of the member's term of office or
846	the employee's period of employment with the commission.
847	(5)  A business entity in which a former commission member,
848	employee, or agent has an interest, or any partner, officer, or
849	employee of that business entity, may not appear before or
850	represent another person before the commission if the former
851	commission member, employee, or agent would be prohibited from
852	doing so. As used in this subsection, the term "business entity"
853	means a corporation, limited liability company, partnership,
854	limited liability partnership association, trust, or other form
855	of legal entity.
856	(6)  A member, employee, or agent of the commission may not
857	engage in political activity or politically related activity
858	during the duration of the person's appointment or employment.
859	As used in this paragraph, the terms "political activity" or
860	"politically related activity" include:
861	(a)  Using the person's official authority or influence for
862	the purpose of interfering with or affecting the result of an
863	election;
864	(b)  Knowingly soliciting, accepting, or receiving
865	political contributions from any person;
866	(c)  Running for nomination or as a candidate for election
867	to a partisan political office; or
868	(d)  Knowingly soliciting or discouraging the participation
869	in any political activity of any person who is:
870	1.  Applying for any compensation, grant, contract, ruling,
871	license, permit, or certificate pending before the commission;
872	or
873	2.  The subject of or a participant in an ongoing audit,
874	investigation, or enforcement action being carried out by the
875	commission.
876	(7)  A former member, employee, or agent of the commission
877	may appear before the commission as a witness testifying as to
878	factual matters or actions handled by the former member,
879	employee, or agent during his or her tenure with the commission.
880	However, the former member, employee, or agent of the commission
881	may not receive compensation for the appearance other than a
882	standard witness fee and reimbursement for travel expenses as
883	established by statute or rules governing administrative
884	proceedings before the Division of Administrative Hearings.
885	(8)(a)  The executive director must approve outside
886	employment for an employee or agent of the commission.
887	(b)  An employee or agent of the commission granted
888	permission for outside employment may not conduct any business
889	or perform any activities, including solicitation, related to
890	outside employment on premises used by the commission or during
891	the employee's working hours for the commission.
892	(c)  As used in this subsection, the term "outside
893	employment" includes, but is not limited to:
894	1.  Operating a proprietorship;
895	2.  Participating in a partnership or group business
896	enterprise; or
897	3.  Performing as a director or corporate officer of any
898	for-profit corporation or banking or credit institution.
899	(9)  A member, employee, or agent of the commission may not
900	participate in or wager on any game conducted by any resort
901	licensee or applicant or any affiliate of a licensee or
902	applicant regulated by the commission in this state or in any
903	other jurisdiction, except as required as part of the person's
904	surveillance, security, or other official duties.
905	Section 11.  Disclosures by commissioners, employees, and
906	agents.-
907	(1)  COMMISSIONERS.-
908	(a)  Each member of the commission shall file a financial
909	disclosure statement pursuant to s. 112.3145, Florida Statutes.
910	(b)  Each member must disclose information required by
911	rules of the commission to ensure the integrity of the
912	commission and its work.
913	(c)  By January 1 of each year, each member must file a
914	statement with the commission:
915	1.  Affirming that the member, and the member's spouse,
916	parent, child, or child's spouse, is not a member of the board
917	of directors of, financially interested in, or employed by an
918	applicant or resort licensee.
919	2.  Affirming that the member is in compliance with the
920	Resort Act and the rules of the commission.
921	3.  Disclosing any legal or beneficial interest in real
922	property that is or may be directly or indirectly involved with
923	activities or persons regulated by the commission.
924	(d)  Each member must disclose involvement with any gaming
925	interest in the 5 years preceding appointment as a member.
926	(2)  EMPLOYEES AND AGENTS.-
927	(a)  The executive director and each managerial employee
928	and agent, as determined by the commission, shall file a
929	financial disclosure statement pursuant to s. 112.3145, Florida
930	Statutes. All employees and agents must comply with the
931	provisions of chapter 112, Florida Statutes.
932	(b)  The executive director and each managerial employee
933	and agent identified by rule of the commission must disclose
934	information required by rules of the commission to ensure the
935	integrity of the commission and its work.
936	(c)  By January 31 of each year, each employee and agent of
937	the commission must file a statement with the commission:
938	1.  Affirming that the employee, and the employee's spouse,
939	parent, child, or child's spouse, is not financially interested
940	in or employed by an applicant or licensee.
941	2.  Affirming that the person does not have any financial
942	interest prohibited by laws or rules administered by the
943	commission.
944	3.  Disclosing any legal or beneficial interest in real
945	property that is or may be directly or indirectly involved with
946	activities or persons regulated by the commission.
947	(d)  Each employee or agent of the commission must disclose
948	involvement with any gaming interest during the 5 years before
949	employment.
950	(3)  CIRCUMSTANCES REQUIRING IMMEDIATE DISCLOSURE.-
951	(a)  A member, employee, or agent of the commission who
952	becomes aware that the member, employee, or agent of the
953	commission or his or her spouse, parent, or child is a member of
954	the board of directors of, financially interested in, or
955	employed by an applicant or licensee must immediately provide
956	detailed written notice to the chair.
957	(b)  A member, employee, or agent of the commission must
958	immediately provide detailed written notice of the circumstances
959	to the chair if the member, employee, or agent is indicted,
960	charged with, convicted of, pleads guilty or nolo contendere to,
961	or forfeits bail for:
962	1.  A misdemeanor involving gambling, dishonesty, theft, or
963	fraud;
964	2.  A violation of any law in any state, or a law of the
965	United States or any other jurisdiction, involving gambling,
966	dishonesty, theft, or fraud which substantially corresponds to a
967	misdemeanor in this state; or
968	3.  A felony under the laws of this or any other state, or
969	the laws of the United States, or any other jurisdiction.
970	(c)  A member, employee, or agent of the commission who is
971	negotiating for an interest in a licensee or an applicant, or is
972	affiliated with such a person, must immediately provide written
973	notice of the details of the interest to the chair. The member,
974	employee, or agent of the commission may not act on behalf of
975	the commission with respect to that person.
976	(d)  A member, employee, or agent of the commission may not
977	enter into negotiations for employment with any person or
978	affiliate of any person who is an applicant, licensee, or an
979	affiliate. If a member, employee, or agent of the commission
980	enters into negotiations for employment in violation of this
981	paragraph or receives an invitation, written or oral, to
982	initiate a discussion concerning employment with any person who
983	is a licensee, applicant, or an affiliate, he or she must
984	immediately provide written notice of the details of any such
985	negotiations or discussions to the chair. The member, employee,
986	or agent of the commission may not take any action on behalf of
987	the commission with respect to that licensee or applicant.
988	(e)  A licensee or applicant may not knowingly initiate a
989	negotiation for, or discussion of, employment with a member,
990	employee, or agent of the commission. A licensee or applicant
991	who initiates a negotiation or discussion about employment shall
992	immediately provide written notice of the details of the
993	negotiation or discussion to the chair as soon as that person
994	becomes aware that the negotiation or discussion has been
995	initiated with a member, employee, or agent of the commission.
996	(f)  A member, employee, or agent of the commission, or a
997	parent, spouse, sibling, or child of a member, employee, or
998	agent of the commission, may not accept any gift, gratuity,
999	compensation, travel, lodging, or anything of value, directly or
1000	indirectly, from a licensee, applicant, or affiliate or
1001	representative of a person regulated by the commission unless
1002	the acceptance is permitted under the rules of the commission
1003	and conforms with chapter 112, Florida Statutes. A member,
1004	employee, or agent of the commission who is offered or receives
1005	any gift, gratuity, compensation, travel, lodging, or anything
1006	of value, directly or indirectly, from any licensee or an
1007	applicant or affiliate or representative of a person regulated
1008	by the commission must immediately provide written notice of the
1009	details to the chair.
1010	(g)  A licensee, applicant, or affiliate or representative
1011	of an applicant or licensee may not, directly or indirectly,
1012	knowingly give or offer to give any gift, gratuity,
1013	compensation, travel, lodging, or anything of value to any
1014	member or employee, or to a parent, spouse, sibling, or child of
1015	a member, employee, or agent, which the member or employee is
1016	prohibited from accepting under paragraph (f).
1017	(h)  A member, employee, or agent of the commission may not
1018	engage in any conduct that constitutes a conflict of interest,
1019	and must immediately advise the chair in writing of the details
1020	of any incident or circumstances that would suggest the
1021	existence of a conflict of interest with respect to the
1022	performance of commission-related work or duty of the member,
1023	employee, or agent of the commission.
1024	(i)  A member, employee, or agent of the commission who is
1025	approached and offered a bribe must immediately provide a
1026	written account of the details of the incident to the chair and
1027	to a law enforcement agency having jurisdiction over the matter.
1028	Section 12.  Ex parte communications.-
1029	(1)  A licensee, applicant, or any affiliate or
1030	representative of an applicant or licensee may not engage
1031	directly or indirectly in ex parte communications concerning a
1032	pending application, license, or enforcement action with a
1033	member of the commission or concerning a matter that likely will
1034	be pending before the commission. A member of the commission may
1035	not engage directly or indirectly in any ex parte communications
1036	concerning a pending application, license, or enforcement action
1037	with members of the commission, or with a licensee, applicant,
1038	or any affiliate or representative of an applicant or licensee,
1039	or concerning a matter that likely will be pending before the
1040	commission.
1041	(2)  Any commission member, licensee, applicant, or
1042	affiliate or representative of a commission member, licensee, or
1043	applicant who receives any ex parte communication in violation
1044	of subsection (1), or who is aware of an attempted communication
1045	in violation of subsection (1), must immediately report details
1046	of the communication or attempted communication in writing to
1047	the chair.
1048	(3)  If a commissioner knowingly receives an ex parte
1049	communication relative to a proceeding to which he or she is
1050	assigned, he or she must place on the record copies of all
1051	written communications received, copies of all written responses
1052	to the communications, and a memorandum stating the substance of
1053	all oral communications received and all oral responses made,
1054	and shall give written notice to all parties to the
1055	communication that such matters have been placed on the record.
1056	Any party who desires to respond to an ex parte communication
1057	may do so. The response must be received by the commission
1058	within 10 days after receiving notice that the ex parte
1059	communication has been placed on the record. The commissioner
1060	may, if he or she deems it necessary to eliminate the effect of
1061	an ex parte communication received by him or her, withdraw from
1062	the proceeding potentially impacted by the ex parte
1063	communication. After a commissioner withdraws from the
1064	proceeding, the chair shall substitute another commissioner for
1065	the proceeding if the proceeding was not assigned to the full
1066	commission.
1067	(4)  Any individual who makes an ex parte communication
1068	must submit to the commission a written statement describing the
1069	nature of such communication, including the name of the person
1070	making the communication, the name of the commissioner or
1071	commissioners receiving the communication, copies of all written
1072	communications made, all written responses to such
1073	communications, and a memorandum stating the substance of all
1074	oral communications received and all oral responses made. The
1075	commission shall place on the record of a proceeding all such
1076	communications.
1077	(5)  A member of the commission who knowingly fails to
1078	place on the record any ex parte communications, in violation of
1079	this section, within 15 days after the date of the communication
1080	is subject to removal and may be assessed a civil penalty not to
1081	exceed $5,000.
1082	(6)  The Commission on Ethics shall receive and investigate
1083	sworn complaints of violations of this section pursuant to ss.
1084	112.322-112.3241, Florida Statutes.
1085	(7)  If the Commission on Ethics finds that a member of the
1086	commission has violated this section, it shall provide the
1087	Governor with a report of its findings and recommendations. The
1088	Governor may enforce the findings and recommendations of the
1089	Commission on Ethics pursuant to part III of chapter 112,
1090	Florida Statutes.
1091	(8)  If a commissioner fails or refuses to pay the
1092	Commission on Ethics any civil penalties assessed pursuant to
1093	this section, the Commission on Ethics may bring an action in
1094	any circuit court to enforce such penalty.
1095	(9)  If, during the course of an investigation by the
1096	Commission on Ethics into an alleged violation of this section,
1097	allegations are made as to the identity of the person who
1098	participated in the ex parte communication, that person must be
1099	given notice and an opportunity to participate in the
1100	investigation and relevant proceedings to present a defense. If
1101	the Commission on Ethics determines that the person participated
1102	in the ex parte communication, the person may not appear before
1103	the commission or otherwise represent anyone before the
1104	commission for 2 years.
1105	Section 13.  Penalties for misconduct by a commissioner,
1106	employee, or agent.-
1107	(1)  A violation of the Resort Act by a member of the
1108	commission may result in disqualification or constitute cause
1109	for removal by the Governor or other disciplinary action as
1110	determined by the commission.
1111	(2)  A violation of the Resort Act by an employee or agent
1112	of the commission does not require termination of employment or
1113	other disciplinary action if:
1114	(a)  The commission determines that the conduct involved
1115	does not violate the purposes the Resort Act; or
1116	(b)  There was no intentional action on the part of the
1117	employee or agent, contingent on divestment of the financial
1118	interest within 30 days after the interest was acquired.
1119	(3)  Notwithstanding subsection (2), an employee or agent
1120	of the commission who violates the Resort Act shall be
1121	terminated if a financial interest in a licensee, applicant, or
1122	affiliate, or representative of a licensee or applicant, is
1123	acquired by:
1124	(a)  An employee of the commission; or
1125	(b)  The employee's or agent's spouse, parent, or child.
1126	(4)  A violation the Resort Act does not create a civil
1127	cause of action.
1128	Section 14.  Legislative authority; administration of act.-
1129	The regulation of the conduct of limited gaming activity at a
1130	resort licensee is preempted to the state and a county,
1131	municipality, or other political subdivision of the state may
1132	not enact any ordinance relating to limited gaming. Only the
1133	commission and other authorized state agencies shall administer
1134	the Resort Act and regulate limited gaming, including limited
1135	gaming at resort licensees and the assessment of fees or taxes
1136	relating to the conduct of limited gaming.
1137	Section 15.  Process for awarding destination resort
1138	licenses.-
1139	(1)  The commission shall by rule use an invitation to
1140	negotiate process for determining the award of a resort license.
1141	The application, review, and issuance procedures for awarding a
1142	license shall be by a process in which applicants rely on forms
1143	provided by the commission in response to an invitation to
1144	negotiate issued by the commission.
1145	(2)  The commission may, at its discretion, stagger the
1146	issuance of invitations to negotiate, the period for review of
1147	replies, and the awarding of one or more licenses to conduct
1148	limited gaming, provided that the number of licenses does not
1149	exceed five destination resort licensees. Invitations to
1150	negotiate shall require a response within no less than 6 months
1151	of the date after the issuance of the invitation.
1152	(3)  The commission shall review all complete replies
1153	received pursuant to an invitation to negotiate. The commission
1154	may select one or more replies with which to commence
1155	negotiations after determining which replies are in the best
1156	interest of the state based on the selection criteria. The
1157	commission shall award or deny a destination resort license
1158	within 12 months after the deadline for the submission of a
1159	reply.
1160	Section 16.  Criteria for the award of a destination resort
1161	license.-
1162	(1)  The commission may award a resort license to the
1163	applicant of an invitation to negotiate which best serves the
1164	interests of the residents of Florida. The reply to an
1165	invitation to negotiate for a resort license must include an
1166	application that demonstrates the applicant's ability to meet
1167	the following minimum criteria:
1168	(a)  The applicant must demonstrate a capacity to increase
1169	tourism, generate jobs, provide revenue to the local economy,
1170	and provide revenue to the General Revenue Fund.
1171	(b)  The area in which the conduct of limited gaming is
1172	authorized may constitute no more than 10 percent of the resort
1173	development's total square footage. The resort development's
1174	total square footage is the aggregate of the total square
1175	footage of the limited gaming facility, the hotel or hotels,
1176	convention space, retail facilities, nongaming entertainment
1177	facilities, service centers, and office space or administrative
1178	areas.
1179	(c)  The applicant must demonstrate a history of, or a bona
1180	fide plan for, community involvement or investment in the
1181	community where the resort having a limited gaming facility will
1182	be located.
1183	(d)  The applicant must demonstrate the financial ability
1184	to purchase and maintain an adequate surety bond.
1185	(e)  The applicant must demonstrate that it has adequate
1186	capitalization to develop, construct, maintain, and operate the
1187	proposed resort and convention center having a limited gaming
1188	facility in accordance with the requirements of the Resort Act
1189	and rules adopted by the commission and to responsibly meet its
1190	secured and unsecured debt obligations in accordance with its
1191	financial and other contractual agreements.
1192	(f)  The applicant shall demonstrate the ability to
1193	implement a program to train and employ residents of this state
1194	for jobs that will be available at the destination resort,
1195	including its ability to implement a program for the training of
1196	low-income persons.
1197	(g)  The commission may, at its discretion, assess the
1198	quality of the proposed development's aesthetic appearance in
1199	the context of it potential to provide substantial economic
1200	benefits to the community and the people of Florida, including,
1201	but not limited to its potential to provide substantial
1202	employment opportunities.
1203	(h)  The applicant shall demonstrate how it will comply
1204	with state and federal affirmative action guidelines.
1205	(i)  The applicant shall demonstrate the ability to
1206	generate substantial gross receipts.
1207	(2)  A resort license may be issued only to persons of good
1208	moral character who are at least 21 years of age. A resort
1209	license may issued to a corporation only if its officers are of
1210	good moral character and at least 21 years of age.
1211	(3)  A resort license may not be issued to an applicant if
1212	the applicant, qualifier, or institutional investor:
1213	(a)  Has, within the last 10 years, filed for protection
1214	under the Federal Bankruptcy Code or had an involuntary
1215	bankruptcy petition filed against them.
1216	(b)  Has, within the last 5 years, been adjudicated by a
1217	court or tribunal for failure to pay income, sales, or gross
1218	receipts tax due and payable under any federal, state, or local
1219	law, after exhaustion of all appeals or administrative remedies.
1220	(c)  Has been convicted of a felony under the laws of this
1221	or any other state, or the United States.
1222	(d)  Has been convicted of any violation under chapter 817,
1223	Florida Statutes, or under a substantially similar law of
1224	another jurisdiction.
1225	(e)  Knowingly submitted false information in the
1226	application for the license.
1227	(f)  Is a member or employee of the commission.
1228	(g)  Was licensed to own or operate gaming or pari-mutuel
1229	facilities in this state or another jurisdiction and that
1230	license was revoked.
1231	(h)  Fails to meet any other criteria for licensure set
1232	forth in the Resort Act.
1233
1234	The term "conviction" includes an adjudication of guilt on a
1235	plea of guilty or nolo contendere or the forfeiture of a bond
1236	when charged with a crime.
1237	Section 17.  Application for destination resort license.-
1238	(1)  APPLICATION.-A reply submitted in response to an
1239	invitation to negotiate must include a sworn application in the
1240	format prescribed by the commission. The application must
1241	include the following information:
1242	(a)1.  The name, business address, telephone number, social
1243	security number, and, where applicable, the federal tax
1244	identification number of the applicant and each qualifier; and
1245	2.  Information, documentation, and assurances concerning
1246	financial background and resources as may be required to
1247	establish the financial stability, integrity, and responsibility
1248	of the applicant. This includes business and personal income and
1249	disbursement schedules, tax returns and other reports filed with
1250	governmental agencies, and business and personal accounting and
1251	check records and ledgers. In addition, each applicant must
1252	provide written authorization for the examination of all bank
1253	accounts and records as may be deemed necessary by the
1254	commission.
1255	(b)  The identity and, if applicable, the state of
1256	incorporation or registration of any business in which the
1257	applicant or a qualifier has an equity interest of more than 5
1258	percent. If the applicant or qualifier is a corporation,
1259	partnership, or other business entity, the applicant or
1260	qualifier must identify any other corporation, partnership, or
1261	other business entity in which it has an equity interest of more
1262	5 percent, including, if applicable, the state of incorporation
1263	or registration.
1264	(c)  A statement as to whether the applicant or a qualifier
1265	has developed and operated a gaming facility within a
1266	jurisdiction in the United States, including a description of
1267	the gaming facility, the gaming facility's gross revenue, and
1268	the amount of revenue the gaming facility has generated for
1269	state and local governments within that jurisdiction.
1270	(d)  A statement as to whether the applicant or a qualifier
1271	has been indicted, convicted of, pled guilty or nolo contendere
1272	to, or forfeited bail for any felony or for a misdemeanor
1273	involving gambling, theft, or fraud. The statement must include
1274	the date, the name and location of the court, the arresting
1275	agency, the prosecuting agency, the case caption, the docket
1276	number, the nature of the offense, the disposition of the case,
1277	and, if applicable, the location and length of incarceration.
1278	(e)  A statement as to whether the applicant or a qualifier
1279	has ever been granted any license or certificate in any
1280	jurisdiction which has been restricted, suspended, revoked, not
1281	renewed, or otherwise subjected to discipline. The statement
1282	must describe the facts and circumstances concerning that
1283	restriction, suspension, revocation, nonrenewal, or discipline,
1284	including the licensing authority, the date each action was
1285	taken, and an explanation of the circumstances for each
1286	disciplinary action.
1287	(f)  A statement as to whether the applicant or qualifier
1288	has, as a principal or a controlling shareholder, within the
1289	last 10 years, filed for protection under the Federal Bankruptcy
1290	Code or had an involuntary bankruptcy petition filed against it.
1291	(g)  A statement as to whether the applicant or qualifier
1292	has, within the last 5 years, been adjudicated by a court or
1293	tribunal for failure to pay any income, sales, or gross receipts
1294	tax due and payable under federal, state, or local law, after
1295	exhaustion of all appeals or administrative remedies. This
1296	statement must identify the amount and type of the tax and the
1297	time periods involved and must describe the resolution of the
1298	nonpayment.
1299	(h)  A list of the names and titles of any public officials
1300	or officers of any unit of state government or of the local
1301	government or governments in the county or municipality in which
1302	the proposed resort is to be located, and the spouses, parents,
1303	and children of those public officials or officers, who,
1304	directly or indirectly, own any financial interest in, have any
1305	beneficial interest in, are the creditors of, hold any debt
1306	instrument issued by the applicant or a qualifier, or hold or
1307	have an interest in any contractual or service relationship with
1308	the applicant or qualifier. As used in this paragraph, the terms
1309	"public official" and "officer" do not include a person who
1310	would be listed solely because the person is a member of the
1311	Florida National Guard.
1312	(i)  The name and business telephone number of any
1313	attorney, lobbyist, or other person who is representing an
1314	applicant before the commission during the application process.
1315	(j)  A description of the applicant's history of and
1316	proposed plan for community involvement or investment in the
1317	community where the resort having a limited gaming facility
1318	would be located.
1319	(k)  A description of the applicant's proposed resort,
1320	including a description of the economic benefit to the community
1321	in which the facility would be located, the anticipated number
1322	of employees, a statement regarding how the applicant would
1323	comply with federal and state affirmative action guidelines, a
1324	projection of admissions or attendance at the limited gaming
1325	facility, a projection of gross receipts, and scientific market
1326	research pertaining to the proposed facility, if any.
1327	(l)  A schedule or timeframe for completing the resort.
1328	(m)  A plan for training residents of this state for jobs
1329	at the resort. The job-training plan must provide training to
1330	enable low-income persons to qualify for jobs at the resort.
1331	(n)  The identity of each person, association, trust, or
1332	corporation or partnership having a direct or indirect equity
1333	interest in the applicant of greater than 5 percent. If
1334	disclosure of a trust is required under this paragraph, the
1335	names and addresses of the beneficiaries of the trust must also
1336	be disclosed. If the identity of a corporation must be
1337	disclosed, the names and addresses of all stockholders and
1338	directors must also be disclosed. If the identity of a
1339	partnership must be disclosed, the names and addresses of all
1340	partners, both general and limited, must also be disclosed.
1341	(o)  A destination resort and limited gaming facility
1342	development plan.
1343	(p)  The fingerprints of the all officers or directors of
1344	the applicant and qualifiers, and any persons exercising
1345	operational or managerial control of the applicant, as
1346	determined by rule of the commission, for a criminal history
1347	record check.
1348	(2)  DISCRETION TO REQUIRE INFORMATION.-Notwithstanding any
1349	other provision of law, the commission is the sole authority for
1350	determining the information or documentation that must be
1351	included in an application for a resort license or in an
1352	application to renew a resort license. Such documentation and
1353	information may relate to: demographics, education, work
1354	history, personal background, criminal history, finances,
1355	business information, complaints, inspections, investigations,
1356	discipline, bonding, photographs, performance periods,
1357	reciprocity, local government approvals, supporting
1358	documentation, periodic reporting requirements, and fingerprint
1359	requirements.
1360	(3)  DUTY TO SUPPLEMENT APPLICATION.-The application shall
1361	be supplemented as needed to reflect any material change in any
1362	circumstance or condition stated in the application which takes
1363	place between the initial filing of the application and the
1364	final grant or denial of the license. Any submission required to
1365	be in writing may otherwise be required by the commission to be
1366	made by electronic means.
1367	(4)  CRIMINAL HISTORY CHECKS.-The commission may contract
1368	with private vendors, or enter into interagency agreements, to
1369	collect electronic fingerprints where fingerprints are required
1370	for licensure or where criminal history record checks are
1371	required.
1372	(5)  APPLICATION FEES.-
1373	(a)  The application for a resort license must be submitted
1374	along with a nonrefundable application fee of $1 million to be
1375	used by the commission to defray costs associated with the
1376	review and investigation of the application and to conduct a
1377	background investigation of the applicant and each qualifier. If
1378	the cost of the review and investigation exceeds $1 million, the
1379	applicant must pay the additional amount to the commission
1380	within 30 days after the receipt of a request for an additional
1381	payment.
1382	(b)  The application for a destination resort license must
1383	be submitted with a one-time licensing fee of $50 million. If
1384	the commission denies the application, the commission must
1385	refund the licensing fee within 30 days after the denial of the
1386	application. If the applicant withdraws the application after
1387	the application deadline established by the commission, the
1388	commission must refund 80 percent of the licensing fee within 30
1389	days after the application is withdrawn.
1390	Section 18.  Incomplete applications.-
1391	(1)  An incomplete application for a resort license is
1392	grounds for the denial of the application.
1393	(2)(a)  If the commission determines that an application
1394	for a resort license is incomplete, the executive director shall
1395	immediately provide written notice to the applicant of the
1396	incomplete items. The applicant may then request a confidential
1397	informal conference with the executive director or his designee
1398	to discuss the application.
1399	(b)  The executive director shall provide the applicant an
1400	extension of 30 days to complete the application following the
1401	date of the informal conference. If the executive director finds
1402	that the application has not been completed within the
1403	extension, the applicant may appeal the finding to the
1404	commission. During an extension or the pendency of an appeal to
1405	the commission, the award of resort licenses is stayed.
1406	Section 19.  Institutional investors as qualifiers.-
1407	(1)  An application for a resort license that has an
1408	institutional investor as a qualifier need not contain
1409	information relating to the institutional investor other than
1410	the identity of the investor and information relating to
1411	qualifications under the Resort Act if the institutional
1412	investor:
1413	(a)  Holds less than 5 percent of the equity securities or
1414	5 percent of the debt securities of an applicant or affiliate of
1415	the applicant;
1416	(b)  Is a publicly traded corporation; and
1417	(c)  Files a certified statement that the institutional
1418	investor does not intend to influence or affect the affairs of
1419	the applicant or an affiliate of the applicant and further
1420	states that its holdings of securities of the applicant or
1421	affiliate were purchased for investment purposes only.
1422
1423	The commission may limit the application requirements as
1424	provided in this subsection for an institutional investor that
1425	is a qualifier and that holds 5 percent or more of the equity or
1426	debt securities of an applicant or affiliate of the applicant
1427	upon a showing of good cause and if the conditions specified in
1428	paragraphs (b) and (c) are satisfied.
1429	(2)  An institutional investor that is exempt from the full
1430	application requirements under this section and that
1431	subsequently intends to influence or affect the affairs of the
1432	issuer must first notify the commission of its intent and file
1433	an application containing all of the information that would have
1434	been required of the institutional investor in the application
1435	for a resort license. The commission may deny the application if
1436	it determines that granting the application will impair the
1437	financial stability of the licensee or impair the ability of the
1438	licensee to comply with its development plans or other plans
1439	submitted to the commission by the applicant or licensee.
1440	(3)  An applicant for a license or a resort licensee or
1441	affiliate shall immediately notify the commission of any
1442	information concerning an institutional investor holding its
1443	equity or debt securities which may disqualify an institutional
1444	investor from having a direct or indirect interest in the
1445	applicant or licensee, and the commission may require the
1446	institutional investor to file all information that would have
1447	been required of the institutional investor in the application
1448	for a license.
1449	(4)  If the commission finds that an institutional investor
1450	that is a qualifier fails to comply with the requirements of
1451	subsection (1) or, if at any time the commission finds that by
1452	reason of the extent or nature of its holdings an institutional
1453	investor is in a position to exercise a substantial impact upon
1454	the controlling interests of a licensee, the commission may
1455	require the institutional investor to file an application
1456	containing all of information that would have been required of
1457	the institutional investor in the application for a license.
1458	(5)  Notwithstanding paragraph (1)(c), an institutional
1459	investor may vote on all matters that are put to the vote of the
1460	outstanding security holders of the applicant or licensee.
1461	Section 20.  Lenders and underwriters; exemption as
1462	qualifiers.-A bank, lending institution, or any underwriter in
1463	connection with any bank or lending institution that, in the
1464	ordinary course of business, makes a loan to, or holds a
1465	security interest in, a licensee or applicant, a supplier
1466	licensee or applicant or its subsidiary, or direct or indirect
1467	parent company of any of the foregoing is not a qualifier and is
1468	not required to be licensed.
1469	Section 21.  Conditions for a resort license.-As a
1470	condition to licensure and to maintain continuing authority, a
1471	resort licensee must:
1472	(1)  Comply with the Resort Act and the rules of the
1473	commission.
1474	(2)  Allow the commission and the Department of Law
1475	Enforcement unrestricted access to and right of inspection of
1476	facilities of a licensee in which any activity relative to the
1477	conduct of gaming is conducted.
1478	(3)  Complete the resort in accordance with the plans and
1479	timeframe proposed to the commission in its application, unless
1480	a waiver is granted by the commission.
1481	(4)  Ensure that the facilities-based computer system that
1482	the licensee will use for operational and accounting functions
1483	of the facility is specifically structured to facilitate
1484	regulatory oversight. The facilities-based computer system shall
1485	be designed to provide the commission and the Department of Law
1486	Enforcement with the ability to monitor, at any time on a real-
1487	time basis, the wagering patterns, payouts, tax collection, and
1488	such other operations as necessary to determine whether the
1489	facility is in compliance with statutory provisions and rules
1490	adopted by the commission for the regulation and control of
1491	gaming. The commission and the Department of Law Enforcement
1492	shall have complete and continuous access to this system. Such
1493	access shall include the ability of either the commission or the
1494	Department of Law Enforcement to suspend play immediately on
1495	particular slot machines or gaming devices if monitoring of the
1496	system indicates possible tampering or manipulation of those
1497	slot machines or gaming devices or the ability to suspend play
1498	immediately of the entire operation if the tampering or
1499	manipulation is of the computer system itself. The computer
1500	system shall be reviewed and approved by the commission to
1501	ensure necessary access, security, and functionality. The
1502	commission may adopt rules to provide for the approval process.
1503	(5)  Ensure that each game, slot machine, or other gaming
1504	device is protected from manipulation or tampering that may
1505	affect the random probabilities of winning plays. The commission
1506	or the Department of Law Enforcement may suspend play upon
1507	reasonable suspicion of any manipulation or tampering. If play
1508	has been suspended on any game, slot machine, or other gaming
1509	device, the commission or the Department of Law Enforcement may
1510	conduct an examination to determine whether the game, machine,
1511	or other gaming device has been tampered with or manipulated and
1512	whether the game, machine, or other gaming device should be
1513	returned to operation.
1514	(6)  Submit a security plan, including the facilities'
1515	floor plans, the locations of security cameras, and a listing of
1516	all security equipment that is capable of observing and
1517	electronically recording activities being conducted in the
1518	facilities of the licensee. The security plan must meet the
1519	minimum security requirements as determined by the commission
1520	and be implemented before the operation of gaming. The
1521	licensee's facilities must adhere to the security plan at all
1522	times. Any changes to the security plan must be submitted by the
1523	licensee to the commission prior to implementation. The
1524	commission shall furnish copies of the security plan and changes
1525	in the plan to the Department of Law Enforcement.
1526	(7)  Create and file with the commission a written policy
1527	for:
1528	(a)  Creating opportunities to purchase from vendors in
1529	this state, including minority vendors.
1530	(b)  Creating opportunities for the employment of residents
1531	of this state, including minority residents.
1532	(c)  Ensuring opportunities for obtaining construction
1533	services from minority contractors.
1534	(d)  Ensuring that opportunities for employment are offered
1535	on an equal, nondiscriminatory basis.
1536	(e)  Training employees on responsible gaming and working
1537	with a compulsive or addictive gambling prevention program.
1538	(f)  Implementing a drug-testing program that includes, but
1539	is not limited to, requiring each employee to sign an agreement
1540	that he or she understands that the resort is a drug-free
1541	workplace.
1542	(g)  Using the Internet-based job-listing system of the
1543	Agency for Workforce Innovation in advertising employment
1544	opportunities.
1545	(h)  Ensuring that the payout percentage of each slot
1546	machine is at least 85 percent.
1547	(8)  A resort licensee shall keep and maintain permanent
1548	daily records of its limited gaming operations and shall
1549	maintain such records for a period of not less than 5 years.
1550	These records must include all financial transactions and
1551	contain sufficient detail to determine compliance with the
1552	requirements of the Resort Act. All records shall be available
1553	for audit and inspection by the commission, the Department of
1554	Law Enforcement, or other law enforcement agencies during the
1555	resort licensee's regular business hours.
1556	Section 22.  Surety bond.-A destination resort licensee
1557	must, at its own cost and expense, before the license is
1558	delivered, give a bond in the penal sum to be determined by the
1559	commission payable to the Governor of the state and her or his
1560	successors in office. The bond must be issued by a surety or
1561	sureties approved by the commission and the Chief Financial
1562	Officer and the bond must be conditioned on the licensee
1563	faithfully making the required payments to the Chief Financial
1564	Officer in her or his capacity as treasurer of the commission,
1565	keeping the licensee's books and records and make reports as
1566	provided, and conducting its limited gaming activities in
1567	conformity with the Resort Act. The commission shall fix the
1568	amount of the bond at the total amount of annual license fees
1569	and the taxes estimated to become due as determined by the
1570	commission. In lieu of a bond, an applicant or licensee may
1571	deposit with the commission a like amount of funds, a savings
1572	certificate, a certificate of deposit, an investment
1573	certificate, or a letter of credit from a bank, savings bank,
1574	credit union, or savings and loan association situated in this
1575	state which meets the requirements set for that purpose by the
1576	Chief Financial Officer. If security is provided in the form of
1577	a savings certificate, a certificate of deposit, or an
1578	investment certificate, the certificate must state that the
1579	amount is unavailable for withdrawal except upon order of the
1580	commission. The commission may review the bond or other security
1581	for adequacy and require adjustments, including increasing the
1582	amount of the bond and other security. The commission may adopt
1583	rules to administer this section and establish guidelines for
1584	such bonds or other securities.
1585	Section 23.  Conduct of limited gaming.-
1586	(1)  Limited gaming may be conducted by a resort licensee,
1587	subject to the following:
1588	(a)  The site of the limited gaming facility is limited to
1589	the resort licensee's site location as approved by the
1590	commission.
1591	(b)  Limited gaming may not be conducted by a resort
1592	licensee until the resort is completed according to the proposal
1593	approved by the commission.
1594	(c)  Notwithstanding any other provision of this chapter, a
1595	facility's authorization to provide casino games as defined in
1596	this chapter shall be based on infrastructure investment as
1597	follows:
1598	1.  If the total infrastructure investment is $2 billion or
1599	more, the licensee shall be eligible to provide any game allowed
1600	in this chapter.
1601	2.  If the total infrastructure investment is at least $1
1602	billion but less than $2 billion, the licensee shall be eligible
1603	to provide slot machines, baccarat, twenty-one, video games of
1604	chance, and poker.
1605	3.  If the total infrastructure investment is less than $1
1606	billion, the licensee shall be eligible to provide slot machines
1607	and poker.
1608	(d)  The commission's agents and employees may enter and
1609	inspect a limited gaming facility or other facilities relating
1610	to a resort licensee's gaming operations at any time for the
1611	purpose of determining whether the licensee is in compliance
1612	with the Resort Act.
1613	(e)  A resort licensee may lease or purchase gaming
1614	devices, equipment, or supplies customarily used in conducting
1615	gaming only from a licensed supplier.
1616	(f)  A resort licensee may not permit any form of wagering
1617	on games except as permitted by the Resort Act.
1618	(g)  A resort licensee may receive wagers only from a
1619	person present in the limited gaming facility.
1620	(h)  A resort licensee may not permit wagering using money
1621	or other negotiable currency except for wagering on slot
1622	machines.
1623	(i)  A resort licensee may not permit a person who is less
1624	than 21 years of age to engage in gaming activity or remain in
1625	an area of a limited gaming facility where gaming is being
1626	conducted, except for a limited gaming employee of the resort
1627	licensee who is at least 18 years of age.
1628	(j)  A resort licensee may not sell or distribute tokens,
1629	chips, or electronic cards used to make wagers outside the
1630	limited gaming facility. The tokens, chips, or electronic cards
1631	may be purchased by means of an agreement under which the
1632	licensee extends credit to a wagerer. The tokens, chips, or
1633	electronic cards may be used only for the purpose of making
1634	wagers on games within a limited gaming facility.
1635	(k)  All gaming activities must be conducted in accordance
1636	with commission rules.
1637	(2)  A limited gaming facility may operate 24 hours per
1638	day, every day of the year.
1639	(3)  A resort licensee may set the minimum and maximum
1640	wagers on all games.
1641	(4)  A resort licensee shall give preference in employment,
1642	reemployment, promotion, and retention to veterans and to the
1643	persons included under s. 295.07(1), Florida Statutes, who
1644	possess the minimum qualifications necessary to perform the
1645	duties of the positions involved.
1646	(5)  A resort licensee shall use the E-Verify program, or a
1647	similar program developed under the Immigration Reform and
1648	Control Act of 1986 or the Illegal Immigration Reform and
1649	Immigrant Responsibility Act of 1996, to verify the employment
1650	eligibility of all prospective employees. Applicants for a
1651	resort license must require that all contractors use such a
1652	program to verify the employment eligibility of their
1653	prospective employees.
1654	(6)  The commission shall renew a resort license if:
1655	(a)  The licensee has demonstrated an effort to increase
1656	tourism, generate jobs, provide revenue to the local economy,
1657	and provide revenue to the state General Revenue Fund.
1658	(b)  The commission has not suspended or revoked the
1659	license of the licensee.
1660	(c)  The licensee continues to satisfy all the requirements
1661	of the initial application for licensure.
1662	Section 24.  License fee; tax rate; disposition.-
1663	(1)  LICENSE FEE.-On the anniversary date of the issuance
1664	of the initial resort license and annually thereafter, the
1665	licensee must pay to the commission a nonrefundable annual
1666	license fee of $2 million. The license shall be renewed
1667	annually, unless the commission has revoked the license for a
1668	violation of the Resort Act or rule of the commission. The
1669	license fee shall be deposited into the Destination Resort Trust
1670	Fund to be used by the commission and the Department of Law
1671	Enforcement for investigations, regulation of limited gaming,
1672	and enforcement of the Resort Act.
1673	(2)  GROSS RECEIPTS TAX.-
1674	(a)  Each resort licensee shall pay a gross receipts tax on
1675	its gross receipts to the state. Upon completion of the resort
1676	and before limited gaming may be conducted, the resort licensee
1677	must submit proof, as required by the commission, of the total
1678	investment made in the construction of the resort. Upon
1679	submission of this information, the gross receipts tax rate
1680	shall be set as follows:
1681	1.  If the total infrastructure investment is $2.5 billion
1682	or more, the tax rate shall be 10 percent of the gross receipts.
1683	2.  If the total infrastructure investment is at least $1
1684	billion but less than $2.5 billion, the tax rate shall be 15
1685	percent of the gross receipts.
1686	3.  If the total infrastructure investment is less than $1
1687	billion, the tax rate shall be 20 percent of the gross receipts.
1688	(b)  The gross receipts tax is in lieu of any other state
1689	taxes on gross or adjusted gross receipts of a resort licensee.
1690	(3)  TAX PROCEEDS.-
1691	(a)  The gross receipts tax shall be deposited into the
1692	Destination Resort Trust Fund and shall be used to fund the
1693	operating costs of the commission pursuant to appropriations by
1694	the Legislature.
1695	(b)  On June 30 of each year, all unappropriated funds in
1696	excess of $5 million shall be deposited as follows:
1697	1.  Ninety-five percent shall be deposited into the General
1698	Revenue Fund.
1699	2.  Two and 1/2 percent shall be deposited into the Tourism
1700	Promotional Trust Fund for use by the Florida Commission on
1701	Tourism.
1702	3.  One and 1/4 percent shall be deposited into the
1703	Employment Security Administration Trust Fund for the benefit of
1704	the school readiness program.
1705	4.  One and 1/4 percent shall be deposited into the
1706	Transportation Disadvantaged Trust Fund for use by the
1707	Commission for the Transportation Disadvantaged.
1708	Section 25.  Fingerprint requirements.-Any fingerprints
1709	required to be taken under the Resort Act must be taken in a
1710	manner approved by, and shall be submitted electronically by the
1711	commission to, the Department of Law Enforcement. The Department
1712	of Law Enforcement shall submit the results of the state and
1713	national records check to the commission. The commission shall
1714	consider the results of the state and national records check in
1715	evaluating an application for any license.
1716	(1)  The cost of processing fingerprints and conducting a
1717	criminal history record check shall be borne by the applicant.
1718	The Department of Law Enforcement may submit a monthly invoice
1719	to the commission for the cost of processing the fingerprints
1720	submitted.
1721	(2)  All fingerprints submitted to the Department of Law
1722	Enforcement pursuant to the Resort Act shall be retained by the
1723	Department of Law Enforcement and entered into the statewide
1724	automated fingerprint identification system as authorized by s.
1725	943.05(2)(b), Florida Statutes, and shall be available for all
1726	purposes and uses authorized for arrest fingerprint cards
1727	entered into the statewide automated fingerprint identification
1728	system pursuant to s. 943.051, Florida Statutes.
1729	(3)  The Department of Law Enforcement shall search all
1730	arrest fingerprints received pursuant to s. 943.051, Florida
1731	Statutes, against the fingerprints retained in the statewide
1732	automated fingerprint identification system. Any arrest record
1733	that is identified with the retained fingerprints of a person
1734	subject to the criminal history screening under the Resort Act
1735	shall be reported to the commission. Each licensee shall pay a
1736	fee to the commission for the cost of retention of the
1737	fingerprints and the ongoing searches under this subsection. The
1738	commission shall forward the payment to the Department of Law
1739	Enforcement. The amount of the fee to be imposed for performing
1740	these searches and the procedures for the retention of licensee
1741	fingerprints shall be as established by rule of the Department
1742	of Law Enforcement. The commission shall inform the Department
1743	of Law Enforcement of any change in the license status of
1744	licensees whose fingerprints are retained under subsection (2).
1745	(4)  The commission shall request the Department of Law
1746	Enforcement to forward the fingerprints to the Federal Bureau of
1747	Investigation for a national criminal history records check
1748	every 3 years following issuance of a license. If the
1749	fingerprints of a person who is licensed have not been retained
1750	by the Department of Law Enforcement, the person must file
1751	another set of fingerprints. The commission shall collect the
1752	fees for the cost of the national criminal history record check
1753	under this subsection and shall forward the payment to the
1754	Department of Law Enforcement. The cost of processing
1755	fingerprints and conducting a criminal history record check
1756	under this paragraph shall be borne by the licensee or
1757	applicant. The Department of Law Enforcement may submit an
1758	invoice to the commission for the fingerprints submitted each
1759	month. Under penalty of perjury, each person who is licensed or
1760	who is fingerprinted as required by this section must agree to
1761	inform the commission within 48 hours if he or she is convicted
1762	of or has entered a plea of guilty or nolo contendere to any
1763	disqualifying offense, regardless of adjudication.
1764	Section 26.  Compulsive or addictive gambling prevention
1765	program.-
1766	(1)  A resort licensee shall offer training to employees on
1767	responsible gaming and shall work with a compulsive or addictive
1768	gambling prevention program to recognize problem gaming
1769	situations and to implement responsible gaming programs and
1770	practices.
1771	(2)  The commission shall, subject to competitive bidding,
1772	contract for services relating to the prevention of compulsive
1773	and addictive gambling. The contract shall provide for an
1774	advertising program to encourage responsible gaming practices
1775	and to publicize a gambling telephone help line. Such
1776	advertisements must be made both publicly and inside the
1777	resort's limited gaming facility. The terms of any contract for
1778	such services shall include accountability standards that must
1779	be met by any private provider. The failure of any private
1780	provider to meet any material terms of the contract, including
1781	the accountability standards, constitutes a breach of contract
1782	or is grounds for nonrenewal. The commission may consult with
1783	the Department of the Lottery or the Department of Business and
1784	Professional Regulation in the development of the program and
1785	the development and analysis of any procurement for contractual
1786	services for the compulsive or addictive gambling prevention
1787	program.
1788	(3)  The compulsive or addictive gambling prevention
1789	program shall be funded from an annual nonrefundable regulatory
1790	fee of $250,000 paid by each resort licensee to the commission.
1791	Section 27.  Suppliers' licenses.-
1792	(1)  A person must have a supplier's license in order to
1793	furnish on a regular or continuing basis to a resort licensee or
1794	an applicant for a resort license gaming equipment, devices, or
1795	supplies or other goods or services regarding the realty,
1796	construction, maintenance, or business of a proposed or existing
1797	resort facility. This requirement includes, but is not limited
1798	to, junket enterprises, security businesses, manufacturers,
1799	distributors, persons who service gaming devices or equipment,
1800	garbage haulers, maintenance companies, food purveyors, and
1801	construction companies.
1802	(2)  An applicant for a supplier's license must apply to
1803	the commission on forms adopted by the commission by rule. The
1804	licensing fee for the initial and annual renewal of the license
1805	is $5,000.
1806	(3)  An applicant for a supplier's license must include in
1807	the application the fingerprints of the persons identified by
1808	commission rule for the processing of state and national
1809	criminal history record checks.
1810	(4)(a)  An applicant for a supplier's license is not
1811	eligible for licensure if:
1812	1.  A person for whom fingerprinting is required under
1813	subsection (3) has been convicted of a felony under the laws of
1814	this or any other state or the United States;
1815	2.  The applicant knowingly submitted false information in
1816	the application for a supplier's license;
1817	3.  The applicant is a member of the commission;
1818	4.  The applicant is not a natural person and an officer,
1819	director, or managerial employee of that person is a person
1820	defined in subparagraphs 1.-3.;
1821	5.  The applicant is not a natural person and an employee
1822	of the applicant participates in the management or operation of
1823	limited gaming authorized under the Resort Act; or
1824	6.  The applicant has had a license to own or operate a
1825	resort facility or pari-mutuel facility in this or a similar
1826	license in any other jurisdiction revoked.
1827	(b)  The commission may revoke a supplier's license at any
1828	time it determines that the licensee no longer satisfies the
1829	eligibility requirements in this subsection.
1830	(5)  The commission may deny an application for a
1831	supplier's license for any person:
1832	(a)  Who is not qualified to perform the duties required of
1833	the applicant;
1834	(b)  Who fails to disclose information or knowingly submits
1835	false information in the application;
1836	(c)  Who has violated the Resort Act or rules of the
1837	commission; or
1838	(d)  Who has had a gaming-related license or application
1839	suspended, restricted, revoked, or denied for misconduct in any
1840	other jurisdiction.
1841	(6)  A supplier licensee shall:
1842	(a)  Furnish to the commission a list of all gaming
1843	equipment, devices, and supplies it offers for sale or lease in
1844	connection with limited gaming authorized in the Resort Act;
1845	(b)  Keep books and records documenting the furnishing of
1846	gaming equipment, devices, and supplies to resort licensees
1847	separate and distinct from any other business that the supplier
1848	operates;
1849	(c)  File quarterly returns with the commission listing all
1850	sales or leases of gaming equipment, devices, or supplies to
1851	resort licensees;
1852	(d)  Permanently affix its name to all gaming equipment,
1853	devices, or supplies sold or leased to licensees; and
1854	(e)  File an annual report listing its inventories of
1855	gaming equipment, devices, and supplies.
1856	(7)  All gaming devices, equipment, or supplies furnished
1857	by a licensed supplier must conform to standards adopted by
1858	commission rule.
1859	(8)(a)  The commission may suspend, revoke, or restrict the
1860	supplier's license of a licensee:
1861	1.  Who violates the Resort Act or the rules of the
1862	commission; or
1863	2.  Who defaults on the payment of any obligation or debt
1864	due to this state or a county.
1865	(b)  The commission must revoke the supplier's license of a
1866	licensee for any cause that, if known to the commission, would
1867	have disqualified the applicant from receiving a license.
1868	(9)  A supplier's licensee may repair gaming equipment,
1869	devices, or supplies in a facility owned or leased by the
1870	licensee.
1871	(10)  Gaming devices, equipment, or supplies owned by a
1872	supplier's licensee which are used in an unauthorized gaming
1873	operation shall be forfeited to the county where the equipment
1874	is found.
1875	(11)  The commission may revoke the license or deny the
1876	application for a supplier's license of a person who fails to
1877	comply with this section.
1878	(12)  A person who knowingly makes a false statement on an
1879	application for a supplier's license commits a misdemeanor of
1880	the first degree, punishable as provided in s. 775.082 or s.
1881	775.083, Florida Statutes.
1882	Section 28.  Occupational licenses.-
1883	(1)  The Legislature finds that, due to the nature of their
1884	employment, some gaming employees require heightened state
1885	scrutiny, including licensing and criminal history record
1886	checks.
1887	(2)  Any person who desires to be a gaming employee and has
1888	a bona fide offer of employment from a licensed gaming entity
1889	shall apply to the commission for an occupational license. A
1890	person may not be employed as a gaming employee unless that
1891	person holds an appropriate occupational license issued under
1892	this section. The commission may adopt rules to reclassify a
1893	category of nongaming employees or gaming employees upon a
1894	finding that the reclassification is in the public interest and
1895	consistent with the objectives of the Resort Act.
1896	(3)  An applicant for a occupational license must apply to
1897	the commission on forms adopted by the commission by rule. An
1898	occupational license is valid for 1 year following issuance. The
1899	application must be accompanied by the licensing fee set by the
1900	commission. The licensing fee may not exceed $50 for an employee
1901	of a resort licensee.
1902	(a)  The applicant shall set forth in the application
1903	whether the applicant:
1904	1.  Has been issued a gaming-related license in any
1905	jurisdiction.
1906	2.  Has been issued a gaming-related license in any other
1907	jurisdiction under any other name and, if so, the name and the
1908	applicant's age at the time of licensure.
1909	3.  Has had a permit or license issued by another
1910	jurisdiction suspended, restricted, or revoked and, if so, for
1911	what period of time.
1912	(b)  An applicant for an occupational license must include
1913	his or her fingerprints in the application.
1914	(4)  To be eligible for an occupational license, an
1915	applicant must:
1916	(a)  Be at least 21 years of age to perform any function
1917	directly relating to limited gaming by patrons;
1918	(b)  Be at least 18 years of age to perform nongaming
1919	functions;
1920	(c)  Not have been convicted of a felony or a crime
1921	involving dishonesty or moral turpitude in any jurisdiction; and
1922	(d)  Meet the standards for the occupational license as
1923	provided in commission rules.
1924	(5)  The commission must deny an application for an
1925	occupational license for any person:
1926	(a)  Who is not qualified to perform the duties required of
1927	the applicant;
1928	(b)  Who fails to disclose or knowingly submits false
1929	information in the application;
1930	(c)  Who has violated the Resort Act; or
1931	(d)  Who has had a gaming-related license or application
1932	suspended, restricted, revoked, or denied in any other
1933	jurisdiction.
1934	(6)(a)  The commission may suspend, revoke, or restrict the
1935	occupational license of a licensee:
1936	1.  Who violates the Resort Act or the rules of the
1937	commission;
1938	2.  Who defaults on the payment of any obligation or debt
1939	due to this state or a county; or
1940	3.  For any just cause.
1941	(b)  The commission shall revoke the occupational license
1942	of a licensee for any cause that, if known to the commission,
1943	would have disqualified the applicant from receiving a license.
1944	(7)  Any training provided for an occupational licensee may
1945	be conducted in the facility of a resort licensee or at a school
1946	with which the resort licensee has entered into an agreement for
1947	that purpose.
1948	(8)  A person who knowingly makes a false statement on an
1949	application for an occupational license commits a misdemeanor of
1950	the first degree, punishable as provided in s. 775.082 or s.
1951	775.083, Florida Statutes.
1952	Section 29.  Temporary supplier's license; temporary
1953	occupational license.-
1954	(1)  Upon the written request of an applicant for a
1955	supplier's license or an occupational license, the executive
1956	director shall issue a temporary license to the applicant and
1957	permit the applicant to undertake employment with or provide
1958	gaming equipment, devices, or supplies or other goods or
1959	services to a resort licensee or an applicant for a resort
1960	license if:
1961	(a)  The applicant has submitted a completed application,
1962	an application fee, all required disclosure forms, and other
1963	required written documentation and materials;
1964	(b)  A preliminary review of the application and the
1965	criminal history record check does not reveal that the applicant
1966	or a person subject to a criminal history record check has been
1967	convicted of a crime that would require denial of the
1968	application;
1969	(c)  A deficiency does not appear to exist in the
1970	application which may require denial of the application; and
1971	(d)  The applicant has an offer of employment from, or an
1972	agreement to begin providing gaming devices, equipment, or
1973	supplies or other goods and services to, a resort licensee or an
1974	applicant for a resort license, or the applicant for a temporary
1975	license shows good cause for being granted a temporary license.
1976	(2)  A temporary occupational license or supplier's license
1977	may not be valid for more than 90 days.
1978	(3)  An applicant who receives a temporary license may
1979	undertake employment with or supply a resort licensee with
1980	gaming devices, equipment, or supplies or other goods or
1981	services until a license is issued or denied or until the
1982	temporary license expires or is suspended or revoked.
1983	Section 30.  Quarterly report.-The commission shall file
1984	quarterly reports with the Governor, the President of the
1985	Senate, and the Speaker of the House of Representatives covering
1986	the previous fiscal quarter. The report must include:
1987	(1)  A statement of receipts and disbursements related to
1988	limited gaming;
1989	(2)  A summary of disciplinary actions taken by the
1990	commission; and
1991	(3)  Any additional information and recommendations that
1992	the commission believes may improve the regulation of limited
1993	gaming or increase the economic benefits of limited gaming to
1994	this state.
1995	Section 31.  Hearings by the commission.-
1996	(1)  The chair of the commission may participate in any
1997	proceeding pending before the commission when administrative
1998	duties and time permit. In order to distribute the workload and
1999	expedite the commission's calendar, the chair, in addition to
2000	other administrative duties, may assign the various proceedings
2001	pending before the commission requiring hearings to two or more
2002	commissioners. Only those commissioners assigned to a proceeding
2003	requiring hearings may participate in the final decision of the
2004	commission as to that proceeding. However, if only two
2005	commissioners are assigned to a proceeding requiring a hearing
2006	and they cannot agree on a final decision, the chair shall cast
2007	the deciding vote for final disposition of the proceeding. If
2008	more than two commissioners are assigned to any proceeding, a
2009	majority of the members assigned shall constitute a quorum and a
2010	majority vote of the members assigned shall be essential to
2011	final commission disposition of those proceedings. If a
2012	commissioner becomes unavailable after assignment to a
2013	particular proceeding, the chair must assign a substitute
2014	commissioner. A petition for reconsideration must be voted upon
2015	by those commissioners participating in the final disposition of
2016	the proceeding.
2017	(2)  A majority of the commissioners may determine that the
2018	full commission will sit in any proceeding. Any party to a
2019	proceeding may file a petition requesting that the proceeding be
2020	assigned to the full commission. Within 15 days after receipt by
2021	the commission of any petition, the full commission must dispose
2022	of such petition by majority vote and render a written decision
2023	before the matter may be heard by less than the full commission.
2024	(3)  This section does not prohibit a commissioner
2025	designated by the chair from conducting a hearing as provided
2026	under ss. 120.569 and 120.57(1), Florida Statutes, and the rules
2027	of the commission.
2028	Section 32.  Resolution of disputes between licensees and
2029	patrons.-
2030	(1)  Whenever a resort licensee has a dispute with a patron
2031	which is not resolved to the satisfaction of the patron and
2032	involves:
2033	(a)  Alleged winnings, alleged losses, or the award or
2034	distribution of cash, prizes, benefits, tickets, or any other
2035	item or items in a game, tournament, contest, drawing,
2036	promotion, race, or similar activity or event; or
2037	(b)  The manner in which a game, tournament, contest,
2038	drawing, promotion, race, or similar activity or event was
2039	conducted,
2040
2041	the licensee must immediately notify the commission of the
2042	dispute if the amount disputed is $500 or more. If the dispute
2043	involves an amount less than $500, the licensee must immediately
2044	notify the patron of his or her right to file a complaint with
2045	the commission.
2046	(2)  Upon notice of a dispute or receipt of a complaint,
2047	the commission shall conduct any investigation it deems
2048	necessary and may order the licensee to make a payment to the
2049	patron upon a finding that the licensee is liable for the
2050	disputed amount. The decision of the commission is effective on
2051	the date the aggrieved party receives notice of the decision.
2052	Notice of the decision is deemed sufficient if it is mailed to
2053	the last known address of the licensee and the patron. The
2054	notice is deemed to have been received by the resort licensee or
2055	the patron 5 days after it is deposited with the United States
2056	Postal Service with postage prepaid.
2057	(3)  The failure of a resort licensee to notify the
2058	commission of the dispute or the patron of the right to file a
2059	complaint is grounds for disciplinary action.
2060	Section 33.  Enforcement of credit instruments.-
2061	(1)  A credit instrument and the debt that instrument
2062	represents are valid and may be enforced by legal process.
2063	(2)  A resort licensee may accept an incomplete credit
2064	instrument that:
2065	(a)  Is signed by the patron; and
2066	(b)  States the amount of the debt in numbers, and may
2067	complete the instrument as is necessary for the instrument to be
2068	presented for payment.
2069	(3)  A resort licensee may accept a credit instrument that
2070	is payable to an affiliate or may complete a credit instrument
2071	payable to an affiliate if the credit instrument otherwise
2072	complies with this section and the records of the affiliate
2073	pertaining to the credit instrument are made available to the
2074	commission upon request.
2075	(4)  A resort licensee may accept a credit instrument
2076	before, during, or after the patron incurs the debt. The credit
2077	instrument and the debt that the instrument represents are
2078	enforceable without regard to whether the credit instrument was
2079	accepted before, during, or after the incurring of the debt.
2080	(5)  This section does not prohibit the establishment of an
2081	account by a deposit of cash, recognized traveler's check, or
2082	any other instrument that is equivalent to cash.
2083	(6)  If a credit instrument is lost or destroyed, the debt
2084	represented by the credit instrument may be enforced if the
2085	resort licensee or person acting on behalf of the licensee can
2086	prove the existence of the credit instrument.
2087	(7)  The existence of a mental disorder in a patron who
2088	provides a credit instrument to a resort licensee:
2089	(a)  Is not a defense in any action by a resort licensee to
2090	enforce a credit instrument or the debt that the credit
2091	instrument represents.
2092	(b)  Is not a valid counterclaim in an action to enforce
2093	the credit instrument or the debt that the credit instrument
2094	represents.
2095	(8)  The failure of a resort licensee to comply with the
2096	provisions of this section or commission rules does not
2097	invalidate a credit instrument or affect its ability to enforce
2098	the credit instrument or the debt that the credit instrument
2099	represents.
2100	(9)  The commission may adopt rules prescribing the
2101	conditions under which a credit instrument may be redeemed or
2102	presented to a bank or credit union for collection or payment.
2103	Section 34.  Voluntary self-exclusion from a limited gaming
2104	facility.-
2105	(1)  A person may request that he or she be excluded from
2106	limited gaming facilities in this state by personally submitting
2107	a Request for Voluntary Self-exclusion from Limited Gaming
2108	Facilities Form to the commission. The form must require the
2109	person requesting exclusion to:
2110	(a)  State his or her:
2111	1.  Name, including any aliases or nicknames;
2112	2.  Date of birth;
2113	3.  Current residential address;
2114	4.  Telephone number;
2115	5.  Social security number; and
2116	6.  Physical description, including height, weight, gender,
2117	hair color, eye color, and any other physical characteristic
2118	that may assist in the identification of the person.
2119
2120	A self-excluded person must update the information in this
2121	paragraph on forms supplied by the commission within 30 days
2122	after any change.
2123	(b)  Select one of the following as the duration of the
2124	self-exclusion:
2125	1.  One year.
2126	2.  Five years.
2127	3.  Lifetime.
2128	(c)  Execute a release in which the person:
2129	1.  Acknowledges that the request for exclusion has been
2130	made voluntarily.
2131	2.  Certifies that the information provided in the request
2132	for self-exclusion is true and correct.
2133	3.  Acknowledges that the individual requesting self-
2134	exclusion is a problem gambler.
2135	4.  Acknowledges that a person requesting a lifetime
2136	exclusion will not be removed from the self-exclusion list and
2137	that a person requesting a 1-year or 5-year exclusion will
2138	remain on the self-exclusion list until a request for removal is
2139	approved by the commission.
2140	5.  Acknowledges that, if the individual is discovered on
2141	the gaming floor of a limited gaming facility, the individual
2142	may be removed and may be arrested and prosecuted for criminal
2143	trespass.
2144	6.  Releases, indemnifies, holds harmless, and forever
2145	discharges the state, commission, and all licensee from any
2146	claims, damages, losses, expenses, or liability arising out of,
2147	by reason of or relating to the self-excluded person or to any
2148	other party for any harm, monetary or otherwise, which may arise
2149	as a result of one or more of the following:
2150	a.  The failure of a resort licensee to withhold gaming
2151	privileges or restore gaming privileges to a self-excluded
2152	person.
2153	b.  Permitting or prohibiting a self-excluded person from
2154	engaging in gaming activity in a limited gaming facility.
2155	(2)  A person submitting a self-exclusion request must
2156	present to the commission a government-issued form of
2157	identification containing the person's signature.
2158	(3)  The commission shall take a photograph of a person
2159	requesting self-exclusion at the time the person submits a
2160	request for self-exclusion.
2161	Section 35.  Section 849.15, Florida Statutes, is amended
2162	to read:
2163	849.15  Manufacture, sale, possession, etc., of coin-
2164	operated devices prohibited.-
2165	(1)  It is unlawful:
2166	(a)  To manufacture, own, store, keep, possess, sell, rent,
2167	lease, let on shares, lend or give away, transport, or expose
2168	for sale or lease, or to offer to sell, rent, lease, let on
2169	shares, lend or give away, or permit the operation of, or for
2170	any person to permit to be placed, maintained, or used or kept
2171	in any room, space, or building owned, leased or occupied by the
2172	person or under the person's management or control, any slot
2173	machine or device or any part thereof; or
2174	(b)  To make or to permit to be made with any person any
2175	agreement with reference to any slot machine or device, pursuant
2176	to which the user thereof, as a result of any element of chance
2177	or other outcome unpredictable to him or her, may become
2178	entitled to receive any money, credit, allowance, or thing of
2179	value or additional chance or right to use such machine or
2180	device, or to receive any check, slug, token or memorandum
2181	entitling the holder to receive any money, credit, allowance or
2182	thing of value.
2183	(2)  Pursuant to section 2 of that chapter of the Congress
2184	of the United States entitled "An act to prohibit transportation
2185	of gaming devices in interstate and foreign commerce," approved
2186	January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
2187	designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
2188	acting by and through the duly elected and qualified members of
2189	its Legislature, does hereby in this section, and in accordance
2190	with and in compliance with the provisions of section 2 of such
2191	chapter of Congress, declare and proclaim that any county of the
2192	State of Florida within which slot machine gaming is authorized
2193	pursuant to the Destination Resort Act, sections 3 through 35 of
2194	this act or chapter 551 is exempt from the provisions of section
2195	2 of that chapter of the Congress of the United States entitled
2196	"An act to prohibit transportation of gaming devices in
2197	interstate and foreign commerce," designated as 15 U.S.C. ss.
2198	1171-1177, approved January 2, 1951. All shipments of gaming
2199	devices, including slot machines, into any county of this state
2200	within which slot machine gaming is authorized pursuant to the
2201	Destination Resort Act, sections 3 through 35 of this act or
2202	chapter 551 and the registering, recording, and labeling of
2203	which have been duly performed by the manufacturer or
2204	distributor thereof in accordance with sections 3 and 4 of that
2205	chapter of the Congress of the United States entitled "An act to
2206	prohibit transportation of gaming devices in interstate and
2207	foreign commerce," approved January 2, 1951, being ch. 1194, 64
2208	Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
2209	shall be deemed legal shipments thereof into this state provided
2210	the destination of such shipments is an eligible facility as
2211	defined in s. 551.102, or the facility of a slot machine
2212	manufacturer or slot machine distributor as provided in s.
2213	551.109(2)(a), or the facility of a resort licensee or supplier
2214	licensee under the Destination Resort Act, sections 3 through 35
2215	of this act.
2216	Section 36.  Section 849.231, Florida Statutes, is amended
2217	to read:
2218	849.231  Gambling devices; manufacture, sale, purchase or
2219	possession unlawful.-
2220	(1)  Except in instances when the following described
2221	implements or apparatus are being held or transported by
2222	authorized persons for the purpose of destruction, as
2223	hereinafter provided, and except in instances when the following
2224	described instruments or apparatus are being held, sold,
2225	transported, or manufactured by persons who have registered with
2226	the United States Government pursuant to the provisions of Title
2227	15 of the United States Code, ss. 1171 et seq., as amended, so
2228	long as the described implements or apparatus are not displayed
2229	to the general public, sold for use in Florida, or held or
2230	manufactured in contravention of the requirements of 15 U.S.C.
2231	ss. 1171 et seq., it shall be unlawful for any person to
2232	manufacture, sell, transport, offer for sale, purchase, own, or
2233	have in his or her possession any roulette wheel or table, faro
2234	layout, crap table or layout, chemin de fer table or layout,
2235	chuck-a-luck wheel, bird cage such as used for gambling, bolita
2236	balls, chips with house markings, or any other device,
2237	implement, apparatus, or paraphernalia ordinarily or commonly
2238	used or designed to be used in the operation of gambling houses
2239	or establishments, excepting ordinary dice and playing cards.
2240	(2)  In addition to any other penalties provided for the
2241	violation of this section, any occupational license held by a
2242	person found guilty of violating this section shall be suspended
2243	for a period not to exceed 5 years.
2244	(3)  This section and s. 849.05 do not apply to a vessel of
2245	foreign registry or a vessel operated under the authority of a
2246	country except the United States, while docked in this state or
2247	transiting in the territorial waters of this state.
2248	(4)  This section does not apply to limited gaming as
2249	authorized by the Destination Resort Act, sections 3 through 35
2250	of this act.
2251	Section 37.  Section 849.25, Florida Statutes, is amended
2252	to read:
2253	849.25  "Bookmaking" defined; penalties; exceptions.-
2254	(1)(a)  The term "bookmaking" means the act of taking or
2255	receiving, while engaged in the business or profession of
2256	gambling, any bet or wager upon the result of any trial or
2257	contest of skill, speed, power, or endurance of human, beast,
2258	fowl, motor vehicle, or mechanical apparatus or upon the result
2259	of any chance, casualty, unknown, or contingent event
2260	whatsoever.
2261	(b)  The following factors shall be considered in making a
2262	determination that a person has engaged in the offense of
2263	bookmaking:
2264	1.  Taking advantage of betting odds created to produce a
2265	profit for the bookmaker or charging a percentage on accepted
2266	wagers.
2267	2.  Placing all or part of accepted wagers with other
2268	bookmakers to reduce the chance of financial loss.
2269	3.  Taking or receiving more than five wagers in any single
2270	day.
2271	4.  Taking or receiving wagers totaling more than $500 in
2272	any single day, or more than $1,500 in any single week.
2273	5.  Engaging in a common scheme with two or more persons to
2274	take or receive wagers.
2275	6.  Taking or receiving wagers on both sides on a contest
2276	at the identical point spread.
2277	7.  Any other factor relevant to establishing that the
2278	operating procedures of such person are commercial in nature.
2279	(c)  The existence of any two factors listed in paragraph
2280	(b) may constitute prima facie evidence of a commercial
2281	bookmaking operation.
2282	(2)  Any person who engages in bookmaking commits shall be
2283	guilty of a felony of the third degree, punishable as provided
2284	in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the
2285	provisions of s. 948.01, any person convicted under the
2286	provisions of this subsection shall not have adjudication of
2287	guilt suspended, deferred, or withheld.
2288	(3)  Any person who has been convicted of bookmaking and
2289	thereafter violates the provisions of this section commits shall
2290	be guilty of a felony of the second degree, punishable as
2291	provided in s. 775.082, s. 775.083, or s. 775.084.
2292	Notwithstanding the provisions of s. 948.01, any person
2293	convicted under the provisions of this subsection shall not have
2294	adjudication of guilt suspended, deferred, or withheld.
2295	(4)  Notwithstanding the provisions of s. 777.04, any
2296	person who is guilty of conspiracy to commit bookmaking is shall
2297	be subject to the penalties imposed by subsections (2) and (3).
2298	(5)  This section does shall not apply to pari-mutuel
2299	wagering in Florida as authorized under chapter 550.
2300	(6)  This section does shall not apply to any prosecutions
2301	filed and pending at the time of the passage hereof, but all
2302	such cases shall be disposed of under existing laws at the time
2303	of the institution of such prosecutions.
2304	(7)  This section does not apply to limited gaming as
2305	authorized in the Destination Resort Act, sections 3 through 35
2306	of this act.
2307	Section 38.  This act shall take effect July 1, 2011.

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