Florida Senate - 2011                                    SB 2050
       
       
       
       By Senator Braynon
       
       
       
       
       33-02657-11                                           20112050__
    1                        A bill to be entitled                      
    2         An act relating to destination resorts; amending s.
    3         20.21, F.S.; creating the Destination Resort
    4         Commission within the Department of Revenue; amending
    5         s. 120.80, F.S.; exempting the Destination Resort
    6         Commission from specified provisions of the
    7         Administrative Procedure Act; creating the Destination
    8         Resort Act; providing definitions; providing that the
    9         Destination Resort Commission is a separate budget
   10         entity from the Department of Revenue; providing for
   11         the appointment and qualifications of members of the
   12         commission; providing for the selection of the chair
   13         and vice chair of the commission; providing that the
   14         chair is the administrative head of the commission;
   15         specifying the responsibilities of the chair;
   16         providing that the commission serves as the agency
   17         head for purposes of the Administrative Procedure Act;
   18         providing that the executive director of the
   19         commission may serve as the agency head for purposes
   20         of final agency action within the authority delegated
   21         by the commission; specifying the powers of the
   22         commission, including the power to authorize limited
   23         gaming at up to five destination resorts, conduct
   24         investigations, issue subpoenas, take enforcement
   25         actions, and create an invitation to negotiate process
   26         to evaluate applications for a resort license;
   27         specifying the jurisdiction of the commission, the
   28         Department of Law Enforcement, and local law
   29         enforcement agencies to investigate criminal
   30         violations relating to limited gaming; requiring the
   31         commission to revoke or suspend the license of a
   32         person who was unqualified at the time of licensure or
   33         who is no longer qualified to be licensed; authorizing
   34         the commission to adopt rules relating to the types of
   35         gaming authorized, requirements for the issuance,
   36         renewal, revocation, and suspension of licenses, the
   37         disclosure of financial interests, procedures to test
   38         gaming equipment, procedures to verify gaming revenues
   39         and the collection of taxes, requirements for gaming
   40         equipment, procedures relating to a facilities-based
   41         computer system, bond requirements of resort
   42         licensees, the maintenance of records, procedures to
   43         calculate the payout percentages of slot machines,
   44         security standards, the scope and conditions for
   45         investigations and inspections into the conduct of
   46         limited gaming, the seizure of gaming equipment and
   47         records without notice or a warrant, employee drug
   48         testing programs, and the payment of costs, fines, and
   49         application fees; authorizing the commission to adopt
   50         emergency rules; exempting the rules from specified
   51         provisions of the Administrative Procedure Act;
   52         authorizing the commission to employ law enforcement
   53         officers; specifying the qualifications and powers of
   54         law enforcement officers employed by the commission;
   55         providing for the appointment, qualifications, and
   56         powers of the executive director of the commission;
   57         specifying persons who may not be employed by the
   58         commission; requiring the commission to adopt a code
   59         of ethics for its employees, members, and agents;
   60         specifying prohibited financial interests and
   61         relationships; imposing postemployment restrictions on
   62         members, employees, and agents of the commission;
   63         restricting the political activities of members,
   64         employees, and agents of the commission; prohibiting
   65         commissioners, employees, and agents of the commission
   66         from wagering under certain circumstances; requiring
   67         members, employees, and agents of the commission to
   68         annually disclose certain financial interests;
   69         specifying conditions under which members, employees,
   70         and agents of the commission must immediately disclose
   71         certain financial matters, criminal matters,
   72         employment negotiations, the offering or acceptance of
   73         gifts, and the offering of a bribe; prohibiting ex
   74         parte communications between applicants or licensees
   75         and members of the commission; requiring parties to an
   76         ex parte communication to disclose the substance of
   77         the communication; authorizing the imposition of a
   78         fine on a member of the commission who fails to
   79         disclose an ex parte communication; authorizing the
   80         Commission on Ethics to investigate complaints
   81         alleging an ex parte communication; requiring the
   82         Commission on Ethics to provide a report of its
   83         findings to the Governor if it finds that a
   84         commissioner violated the prohibitions on ex parte
   85         communications; authorizing the Commission on Ethics
   86         to bring an action against a commissioner to collect
   87         any penalties assessed; prohibiting a person who
   88         participated in an ex parte communication from
   89         appearing or representing a person before the
   90         commission for a certain time; specifying grounds for
   91         removal or termination of employment of commissioners
   92         and employees who violate the laws regulating limited
   93         gaming; preempting the regulation of limited gaming at
   94         a destination resort to the state; requiring the
   95         commission to develop an invitation to negotiate
   96         process to award a resort license; specifying the
   97         minimum criteria that an applicant must meet to be
   98         awarded a destination resort license; specifying
   99         events that disqualify an applicant from eligibility
  100         for a resort license; specifying the information that
  101         must be on or included with an application for a
  102         resort license; specifying the amount of a
  103         nonrefundable application fee for a resort license to
  104         be used to defray the costs of an investigation of the
  105         applicant; authorizing the imposition of additional
  106         fees if the amount of the application fee is
  107         insufficient to cover the costs of the investigation;
  108         requiring the payment of a one-time licensing fee to
  109         be submitted along with an application for a resort
  110         license; requiring the executive director to notify an
  111         applicant for a resort license if the application is
  112         incomplete; authorizing the applicant to have an
  113         informal conference with the executive director to
  114         discuss an incomplete application; authorizing the
  115         executive director to grant an extension to complete
  116         an application; providing for the stay of the award of
  117         a resort license during an extension or the appeal to
  118         the commission of a finding by the executive director
  119         that an application is incomplete; exempting an
  120         institutional investor that is a qualifier for a
  121         resort licensee from certain application requirements
  122         under certain circumstances; requiring notice to the
  123         commission of any changes that may require a person to
  124         comply with the full application requirements;
  125         exempting lending institutions and underwriters from
  126         licensing requirements as a qualifier under certain
  127         circumstances; specifying conditions for a resort
  128         licensee to maintain licensure; requiring that the
  129         licensee post a bond; requiring the commission to
  130         renew the license of a resort licensee if the licensee
  131         satisfies specified conditions; specifying an annual
  132         fee for the renewal of a resort license; imposing a
  133         tiered gross receipts tax based on the amount of a
  134         resort licensee’s infrastructure costs; providing for
  135         the deposit of the tax into the Destination Resort
  136         Trust Fund; providing for certain unappropriated funds
  137         in the Destination Resort Trust Fund to be deposited
  138         into the General Revenue Fund, the Tourism Promotional
  139         Trust Fund, the Employment Security Administration
  140         Trust Fund, and the Transportation Disadvantaged Trust
  141         Fund; providing for the proceeds of the gross receipts
  142         tax to fund the operations of the commission;
  143         providing procedures for the submission and processing
  144         of fingerprints of certain persons regulated by the
  145         commission; providing that the cost of processing the
  146         fingerprints shall be borne by a licensee or
  147         applicant; requiring a person to report to the
  148         commission certain pleas and convictions for
  149         disqualifying offenses; requiring a resort licensee to
  150         train its employees about compulsive gambling;
  151         requiring a resort licensee to work with a compulsive
  152         gambling prevention program; requiring the commission
  153         to contract for services relating to the prevention of
  154         compulsive gambling; providing for the commission’s
  155         compulsive gambling prevention program to be funded
  156         from a regulatory fee imposed on resort licensees;
  157         requiring a person to have a supplier’s license to
  158         furnish certain goods and services to a resort
  159         licensee; specifying the amount of the application fee
  160         for a supplier’s license; specifying persons who are
  161         disqualified from receiving a supplier’s license;
  162         specifying circumstances under which the commission
  163         may revoke a supplier’s license; authorizing the
  164         commission to adopt rules relating to the licensing of
  165         suppliers; requiring a supplier licensee to furnish a
  166         list of gaming devices and equipment to the
  167         commission, maintain records, file quarterly returns,
  168         and affix its name to the gaming equipment and
  169         supplies that it offers; requiring that the supplier
  170         licensee annually report its inventory to the
  171         commission; authorizing the commission to revoke a
  172         supplier’s license under certain circumstances;
  173         providing that the equipment of a supplier’s licensee
  174         which is used in unauthorized gaming will be forfeited
  175         to the county where the equipment is found; imposing a
  176         criminal penalty on a person who knowingly makes a
  177         false statement on an application for a supplier’s
  178         license; requiring a person to have an occupational
  179         license to serve as a limited gaming employee of a
  180         resort licensee; requiring a person to apply to the
  181         commission for an occupational license and pay an
  182         application fee; specifying information that an
  183         applicant must include in an application for an
  184         occupational license; specifying grounds for the
  185         commission to deny an application for an occupational
  186         license; imposing a criminal penalty on a person who
  187         knowingly makes a false statement on an application
  188         for an occupational license; authorizing the executive
  189         director of the commission to issue a temporary
  190         occupational or temporary supplier’s license under
  191         certain circumstances; requiring the commission to
  192         file quarterly reports with the Governor, the
  193         President of the Senate, and the Speaker of the House
  194         of Representatives; specifying procedures for the
  195         conduct of proceedings by the commission; authorizing
  196         the chair of the commission to assign a proceeding to
  197         less than the full commission; providing procedures
  198         for the resolution of certain disputes between a
  199         resort licensee and a patron; requiring a resort
  200         licensee to notify the commission of certain disputes
  201         with a patron involving amounts of $500 or more;
  202         requiring a resort licensee to notify a patron of the
  203         right to file a complaint with the commission
  204         regarding certain disputes of an amount less than
  205         $500; authorizing the commission to investigate
  206         disputes and to order a resort licensee to make a
  207         payment to a patron; providing for the enforcement of
  208         credit instruments; authorizing a resort licensee to
  209         accept an incomplete credit instrument and to complete
  210         incomplete credit instruments under certain
  211         circumstances; providing that existence of a mental
  212         disorder is not a defense or a valid counterclaim in
  213         an action to enforce a credit instrument; authorizing
  214         the commission to adopt rules prescribing the
  215         conditions under which a credit instrument may be
  216         presented to a bank; providing that a resort licensee
  217         has the right to exclude a person from its limited
  218         gaming facility; authorizing a person to request that
  219         the commission exclude her or him from limited gaming
  220         facilities; specifying the required contents of the
  221         request; providing that a self-excluded person who is
  222         found on a gaming floor may be arrested and prosecuted
  223         for criminal trespass; providing that a self-excluded
  224         person holds harmless the commission and licensees
  225         from claims for losses and damages under certain
  226         circumstances; amending s. 849.15, F.S.; authorizing
  227         slot machine gaming in a resort licensee and the
  228         transportation of slot machines pursuant to federal
  229         law; amending s. 849.231, F.S.; providing that a
  230         prohibition on gambling devices does not apply to
  231         limited gaming as authorized in the act; amending s.
  232         849.25, F.S.; providing that a prohibition on gaming
  233         does not apply to limited gaming as authorized in the
  234         act; providing an effective date.
  235  
  236  Be It Enacted by the Legislature of the State of Florida:
  237  
  238         Section 1. Subsection (7) is added to section 20.21,
  239  Florida Statutes, to read:
  240         20.21 Department of Revenue.—There is created a Department
  241  of Revenue.
  242         (7) The Destination Resort Commission is created within the
  243  Department of Revenue.
  244         Section 2. Subsection (17) is added to section 120.80,
  245  Florida Statutes, to read:
  246         120.80 Exceptions and special requirements; agencies.—
  247         (17) THE DESTINATION RESORT COMMISSION.—
  248         (a) The Destination Resort Commission is exempt from the
  249  hearing and notice requirements of ss. 120.569 and 120.57(1)(a)
  250  in proceedings for the issuance, denial, renewal, or amendment
  251  of a destination resort license.
  252         (b) Section 120.60 does not apply to applications for a
  253  destination resort license.
  254         (c) Notwithstanding the provisions of s. 120.542, the
  255  Destination Resort Commission may not accept a petition for
  256  waiver or variance and may not grant any waiver or variance from
  257  the requirements of the Destination Resort Act, sections 3
  258  through 35 of this act.
  259         Section 3. This section and sections 4 through 35 of this
  260  act may be cited as the “Destination Resort Act” or the “Resort
  261  Act.”
  262         Section 4. Definitions.—As used in the Resort Act, the
  263  term:
  264         (1) “Affiliate” means a person who, directly or indirectly,
  265  through one or more intermediaries:
  266         (a) Controls, is controlled by, or is under common control
  267  of;
  268         (b) Is in a partnership or joint venture relationship with;
  269  or
  270         (c) Is a shareholder of a corporation, a member of a
  271  limited liability company, or a partner in a limited liability
  272  partnership with,
  273  
  274  an applicant for a resort license or a resort licensee.
  275         (2) “Ancillary areas” includes the following areas within a
  276  limited gaming facility, unless the context otherwise requires:
  277         (a) Major aisles, the maximum area of which may not exceed
  278  the limit within any part of the limited gaming facility as
  279  specified by the commission.
  280         (b) Back-of-house facilities.
  281         (c) Any reception or information counter.
  282         (d) Any area designated for the serving or consumption of
  283  food and beverages.
  284         (e) Any retail outlet.
  285         (f) Any area designated for performances.
  286         (g) Any area designated for aesthetic or decorative
  287  displays.
  288         (h) Staircases, staircase landings, escalators, lifts, and
  289  lift lobbies.
  290         (i) Bathrooms.
  291         (j) Any other area that is not intended to be used for the
  292  conduct or playing of games or as a gaming pit as defined by
  293  rules of the commission or specified in the application for the
  294  destination resort license.
  295         (3) “Applicant,” as the context requires, means a person
  296  who applies for a resort license, supplier’s license, or
  297  occupational license. A county, municipality, or other unit of
  298  government is prohibited from applying for a resort license.
  299         (4) “Chair” means the chair of the Destination Resort
  300  Commission.
  301         (5) “Commission” means the Destination Resort Commission.
  302         (6) “Conflict of interest” means a situation in which the
  303  private interest of a member, employee, or agent of the
  304  commission may influence his or her judgment in the performance
  305  of his or her public duty under the Resort Act. A conflict of
  306  interest includes, but is not limited to:
  307         (a) Any conduct that would lead a reasonable person having
  308  knowledge of all of the circumstances to conclude that the
  309  member, employee, or agent of the commission is biased against
  310  or in favor of an applicant.
  311         (b) The acceptance of any form of compensation from a
  312  source other than the commission for any services rendered as
  313  part of the official duties of the member, employee, or agent of
  314  the commission.
  315         (c) Participation in any business transaction with or
  316  before the commission in which the member, employee, or agent of
  317  the commission, or the parent, spouse, or child of a member,
  318  employee, or the agent, has a financial interest.
  319         (7) “Department” means the Department of Revenue.
  320         (8) “Destination resort” or “resort” means a freestanding,
  321  land-based structure in which limited gaming may be conducted. A
  322  destination resort is a mixed-use development consisting of a
  323  combination of various tourism amenities and facilities,
  324  including, but not limited to, hotels, villas, restaurants,
  325  limited gaming facilities, convention facilities, attractions,
  326  entertainment facilities, service centers, and shopping centers.
  327         (9) “Destination resort license” or “resort license” means
  328  a license to operate and maintain a destination resort having a
  329  limited gaming facility.
  330         (10) “Executive director” means the executive director of
  331  the commission.
  332         (11) “Financial interest” or “financially interested” means
  333  any interest in investments or awarding of contracts, grants,
  334  loans, purchases, leases, sales, or similar matters under
  335  consideration or consummated by the commission, or ownership in
  336  an applicant or a licensee. A member, employee, or agent of the
  337  commission is deemed to have a financial interest in a matter
  338  if:
  339         (a) The individual owns any interest in any class of
  340  outstanding securities that are issued by a party to the matter
  341  under consideration by the commission, except indirect interests
  342  such as a mutual fund; or
  343         (b) The individual is employed by or is an independent
  344  contractor for a party to a matter under consideration by the
  345  commission.
  346         (12) “Gaming pit” means an area commonly known as a gaming
  347  pit or any similar area from which limited gaming employees
  348  administer and supervise the games.
  349         (13) “Gross receipts” means the total of cash or cash
  350  equivalents received or retained as winnings by a resort
  351  licensee and the compensation received for conducting any game
  352  in which the resort licensee is not party to a wager, less cash
  353  taken in fraudulent acts perpetrated against the resort licensee
  354  for which the resort licensee is not reimbursed. The term does
  355  not include:
  356         (a) Counterfeit money or tokens;
  357         (b) Coins of other countries which are received in gaming
  358  devices and which cannot be converted into United States
  359  currency;
  360         (c) Promotional credits or “free play” as provided by the
  361  resort licensee as a means of marketing the limited gaming
  362  facility; or
  363         (d) The amount of any credit extended until collected.
  364         (14) “Individual” means a natural person.
  365         (15) “Institutional investor” means, but is not limited to:
  366         (a) A retirement fund administered by a public agency for
  367  the exclusive benefit of federal, state, or county public
  368  employees.
  369         (b) An employee benefit plan or pension fund that is
  370  subject to the Employee Retirement Income Security Act of 1974
  371  (ERISA).
  372         (c) An investment company registered under the Investment
  373  Company Act of 1940.
  374         (d) A collective investment trust organized by a bank under
  375  12 C.F.R. part 9, s. 9.18.
  376         (e) A closed-end investment trust.
  377         (f) A life insurance company or property and casualty
  378  insurance company.
  379         (g) A financial institution.
  380         (h) An investment advisor registered under the Investment
  381  Advisers Act of 1940.
  382         (16) “Junket enterprise” means any person who, for
  383  compensation, employs or otherwise engages in the procurement or
  384  referral of persons for a junket to a destination resort
  385  licensed under the Resort Act regardless of whether those
  386  activities occur within this state. The term does not include a
  387  resort licensee or applicant for a resort license or a person
  388  holding an occupational license.
  389         (17) “License,” as the context requires, means a resort
  390  license, supplier’s license, or an occupational license.
  391         (18) “Licensee,” as the context requires, means a person
  392  who is licensed as resort licensee, supplier licensee, or
  393  occupational licensee.
  394         (19) “Limited gaming,” “game,” or “gaming,” as the context
  395  requires, means the games authorized pursuant to the Resort Act
  396  in a limited gaming facility, including, but not limited to,
  397  those commonly known as baccarat, twenty-one, poker, craps, slot
  398  machines, video gaming of chance, roulette wheels, Klondike
  399  tables, punch-board, faro layout, numbers ticket, push car, jar
  400  ticket, pull tab, or their common variants, or any other game of
  401  chance or wagering device that is authorized by the commission.
  402         (20) “Limited gaming employee” means any employee of a
  403  resort licensee, including, but not limited to:
  404         (a) Cashiers.
  405         (b) Change personnel.
  406         (c) Count room personnel.
  407         (d) Slot machine attendants.
  408         (e) Hosts or other individuals authorized to extend
  409  complimentary services, including employees performing functions
  410  similar to those performed by a representative for a junket
  411  enterprise.
  412         (f) Machine mechanics, computer machine technicians, or
  413  table game device technicians.
  414         (g) Security personnel.
  415         (h) Surveillance personnel.
  416         (i) Promotional play supervisors, credit supervisors, pit
  417  supervisors, cashier supervisors, shift supervisors, table game
  418  managers, assistant managers, and other supervisors and
  419  managers.
  420         (j) Boxmen.
  421         (k) Dealers or croupiers.
  422         (l) Floormen.
  423         (m) Personnel authorized to issue promotional credits.
  424         (n) Personnel authorized to issue credit.
  425  
  426  The term includes an employee of a person holding a supplier’s
  427  license whose duties are directly involved with the repair or
  428  distribution of slot machines or table game devices or
  429  associated equipment sold or provided to a resort licensee. The
  430  term does not include bartenders, cocktail servers, or other
  431  persons solely engaged in preparing or serving food or
  432  beverages, clerical or secretarial personnel, parking
  433  attendants, janitorial staff, stage hands, sound and light
  434  technicians, and other nongaming personnel as determined by the
  435  commission. The term includes a person employed by a person or
  436  entity other than a resort licensee who performs the functions
  437  of a limited gaming employee.
  438         (21) “Limited gaming facility” means the limited gaming
  439  floor and any ancillary areas.
  440         (22) “Limited gaming floor” means the approved gaming area
  441  of a resort. Ancillary areas in or directly adjacent to the
  442  gaming area are not part of the limited gaming floor for
  443  purposes of calculating the size of the limited gaming floor.
  444         (23) “Managerial employee” has the same meaning as in s.
  445  447.203(4), Florida Statutes.
  446         (24) “Occupational licensee” means a person who is licensed
  447  to be a limited gaming employee.
  448         (25) “Qualifier” means an affiliate, affiliated company,
  449  officer, director, or managerial employee of an applicant for a
  450  resort license, or a person who holds a direct or indirect
  451  equity interest in the applicant. The term may include an
  452  institutional investor. As used in this subsection, the terms
  453  “affiliate,” “affiliated company,” and “a person who holds a
  454  direct or indirect equity interest in the applicant” do not
  455  include a partnership, a joint venture relationship, a
  456  shareholder of a corporation, a member of a limited liability
  457  company, or a partner in a limited liability partnership that
  458  has a direct or indirect equity interest in the applicant for a
  459  resort license of 5 percent or less and is not involved in the
  460  gaming operations as defined by the rules of the commission.
  461         (26) “Supplier licensee” or “supplier” means a person who
  462  is licensed to furnish gaming equipment, devices, or supplies or
  463  other goods or services to a resort licensee.
  464         (27) “Wagerer” means a person who plays a game authorized
  465  under the Resort Act.
  466         Section 5. Destination Resort Commission; creation and
  467  membership.—
  468         (1) CREATION.—There is created the Destination Resort
  469  Commission assigned to the Department of Revenue for
  470  administrative purposes only. The commission is a separate
  471  budget entity not subject to control, supervision, or direction
  472  by the Department of Revenue in any manner, including, but not
  473  limited to, personnel, purchasing, transactions involving real
  474  or personal property, and budgetary matters. The commission
  475  shall be composed of seven members who are residents of the
  476  state and who have experience in corporate finance, tourism,
  477  convention and resort management, gaming, investigation or law
  478  enforcement, business law, or related legal experience. The
  479  members of the commission shall serve as the agency head of the
  480  Destination Resort Commission. The commission is exempt from the
  481  provisions of s. 20.052, Florida Statutes.
  482         (2) MEMBERS.—Three of the members shall be appointed by the
  483  Governor and confirmed by the Senate in the legislative session
  484  following appointment. Two of the members shall be appointed by
  485  the President of the Senate. Two of the members shall be
  486  appointed by the Speaker of the House of Representatives. Each
  487  member shall be appointed to a 4-year term. However, for the
  488  purpose of providing staggered terms, of the initial
  489  appointments, the three members appointed by the Governor shall
  490  be appointed to 2-year terms and the remaining four members
  491  shall be appointed to 4-year terms. Terms expire on June 30.
  492  Upon the expiration of the term of a commissioner, a successor
  493  shall be appointed in the same manner as the original
  494  appointment to serve for a 4-year term. A commissioner whose
  495  term has expired shall continue to serve on the commission until
  496  such time as a replacement is appointed. If a vacancy on the
  497  commission occurs before the expiration of the term, it shall be
  498  filled for the unexpired portion of the term in the same manner
  499  as the original appointment.
  500         (a)1. One member of the commission must be a certified
  501  public accountant licensed in this state who possesses at least
  502  5 years of experience in general accounting. The member must
  503  also possess a comprehensive knowledge of the principles and
  504  practices of corporate finance or auditing, general finance,
  505  gaming, or economics.
  506         2. One member of the commission must have experience in the
  507  fields of investigation or law enforcement.
  508         3. When making appointments to the commission, the Governor
  509  shall announce the classification by experience of the person
  510  appointed.
  511         (b) A person may not be appointed to or serve as a member
  512  of the commission if the person:
  513         1. Is an elected state official;
  514         2. Is licensed by the commission, or is an officer of, has
  515  a financial interest in, or has a direct or indirect contractual
  516  relationship with, any applicant for a resort license or resort
  517  licensee;
  518         3. Is related to any person within the second degree of
  519  consanguinity of affinity who is licensed by the commission; or
  520         4. Has, within the 10 years preceding his or her
  521  appointment, been under indictment for, convicted of, pled
  522  guilty or nolo contendere to, or forfeited bail for a felony or
  523  a misdemeanor involving gambling or fraud under the laws of this
  524  or any other state or the United States.
  525         (c) Members of the commission shall serve full time.
  526         (3) CHAIR AND VICE CHAIR.—
  527         (a) The chair shall be appointed by the Governor. The vice
  528  chair of the commission shall be elected by the members of the
  529  commission during the first meeting of the commission on or
  530  after July 1 of each year. The chair shall be the administrative
  531  head of the commission. The chair shall set the agenda for each
  532  meeting. The chair shall approve all notices, vouchers,
  533  subpoenas, and reports as required by the Resort Act. The chair
  534  shall preserve order and decorum and shall have general control
  535  of the commission meetings. The chair shall decide all questions
  536  of order. The chair may name any member of the commission to
  537  perform the duties of the chair for a meeting if such
  538  substitution does not extend beyond that meeting.
  539         (b) If for any reason the chair is absent and fails to name
  540  a member, the vice chair shall assume the duties of the chair
  541  during the chair’s absence. On the death, incapacitation, or
  542  resignation of the chair, the vice chair shall perform the
  543  duties of the office until the Governor appoints a successor.
  544         (c) The administrative responsibilities of the chair are to
  545  plan, organize, and control administrative support services for
  546  the commission. Administrative functions include, but are not
  547  limited to, finance and accounting, revenue accounting,
  548  personnel, and office services.
  549         (4) QUORUM.—Four members of the commission constitute a
  550  quorum.
  551         (5) HEADQUARTERS.—The headquarters of the commission shall
  552  be located in Tallahassee.
  553         (6) MEETINGS.—The commission must meet at least monthly.
  554  Meetings may be called by the chair or by four members of the
  555  commission upon 72 hours’ public notice. The initial meeting of
  556  the commission must be held by October 1, 2011.
  557         (7) AGENCY HEAD.—The commission shall serve as the agency
  558  head for purposes of chapter 120, Florida Statutes. The
  559  executive director of the commission may serve as the agency
  560  head for purposes of final agency action under chapter 120,
  561  Florida Statutes, for all areas within the regulatory authority
  562  delegated to the executive director’s office.
  563         Section 6. Destination Resort Commission; powers and
  564  duties.—
  565         (1) The commission has jurisdiction over and shall
  566  supervise all destination resort limited gaming activity
  567  governed by the Resort Act, including the power to:
  568         (a) Authorize limited gaming at five destination resorts.
  569         (b) Conduct such investigations as necessary to fulfill its
  570  responsibilities.
  571         (c) Use an invitation to negotiate process for applicants
  572  based on minimum requirements established by the Resort Act and
  573  rules of the commission.
  574         (d) Investigate applicants for a resort license and
  575  determine the eligibility of applicants for a resort license and
  576  to select from competing applicants the applicant that best
  577  serves the interests of the residents of Florida, based on the
  578  potential for economic development presented by the applicant’s
  579  proposed investment in infrastructure, such as hotels and other
  580  nongaming entertainment facilities, and the applicant’s ability
  581  to maximize revenue for the state.
  582         (e) Grant a license to the applicant best suited to operate
  583  a destination resort that has limited gaming.
  584         (f) Establish and collect fees for performing background
  585  checks on all applicants for licenses and all persons with whom
  586  the commission may contract for the provision of goods or
  587  services and for performing, or having performed, tests on
  588  equipment and devices to be used in a limited gaming facility.
  589         (g) Issue subpoenas for the attendance of witnesses and
  590  subpoenas duces tecum for the production of books, records, and
  591  other pertinent documents as provided by law, and to administer
  592  oaths and affirmations to the witnesses, if, in the judgment of
  593  the commission, it is necessary to enforce the Resort Act or
  594  commission rules. If a person fails to comply with a subpoena,
  595  the commission may petition the circuit court of the county in
  596  which the person subpoenaed resides or has his or her principal
  597  place of business for an order requiring the subpoenaed person
  598  to appear and testify and to produce books, records, and
  599  documents as specified in the subpoena. The court may grant
  600  legal, equitable, or injunctive relief, which may include, but
  601  is not limited to, issuance of a writ of ne exeat or restraint
  602  by injunction or appointment of a receiver of any transfer,
  603  pledge, assignment, or other disposition of such person’s assets
  604  or any concealment, alteration, destruction, or other
  605  disposition of subpoenaed books, records, or documents, as the
  606  court deems appropriate, until the person subpoenaed has fully
  607  complied with the subpoena and the commission has completed the
  608  audit, examination, or investigation. The commission is entitled
  609  to the summary procedure provided in s. 51.011, Florida
  610  Statutes, and the court shall advance the cause on its calendar.
  611  Costs incurred by the commission to obtain an order granting, in
  612  whole or in part, such petition for enforcement of a subpoena
  613  shall be charged against the subpoenaed person, and failure to
  614  comply with such order is a contempt of court.
  615         (h) Require or permit a person to file a statement in
  616  writing, under oath or otherwise as the commission or its
  617  designee requires, as to all the facts and circumstances
  618  concerning the matter to be audited, examined, or investigated.
  619         (i) Keep accurate and complete records of its proceedings
  620  and to certify the records as may be appropriate.
  621         (j) Take any other action as may be reasonable or
  622  appropriate to enforce the Resort Act and rules adopted by the
  623  commission.
  624         (k) Apply for injunctive or declaratory relief in a court
  625  of competent jurisdiction to enforce the Resort Act and any
  626  rules adopted by the commission.
  627         (l) Establish field offices, as deemed necessary by the
  628  commission.
  629         (2) The Department of Law Enforcement and local law
  630  enforcement agencies have concurrent jurisdiction to investigate
  631  criminal violations of the Resort Act and may investigate any
  632  other criminal violation of law occurring at the limited gaming
  633  facilities. Such investigations may be conducted in conjunction
  634  with the appropriate state attorney.
  635         (3)(a) The commission, the Department of Law Enforcement,
  636  and local law enforcement agencies have unrestricted access to
  637  the limited gaming facility at all times and shall require of
  638  each resort licensee strict compliance with the laws of this
  639  state relating to the transaction of such business. The
  640  commission, the Department of Law Enforcement, and local law
  641  enforcement agencies may:
  642         1. Inspect and examine premises where authorized limited
  643  gaming devices are offered for play.
  644         2. Inspect slot machines, other authorized gaming devices,
  645  and related equipment and supplies.
  646         (b) In addition, the commission may:
  647         1. Collect taxes, assessments, fees, and penalties.
  648         2. Deny, revoke, suspend, or place conditions on a licensee
  649  who violates any provision of the Resort Act, a rule adopted by
  650  the commission, or an order of the commission.
  651         (4) The commission must revoke or suspend the license of
  652  any person who is no longer qualified or who is found, after
  653  receiving a license, to have been unqualified at the time of
  654  application for the license.
  655         (5) This section does not:
  656         (a) Prohibit the Department of Law Enforcement or any law
  657  enforcement authority whose jurisdiction includes a resort
  658  licensee or a supplier licensee from conducting investigations
  659  of criminal activities occurring at the facilities of a resort
  660  licensee or supplier licensee;
  661         (b) Restrict access to the limited gaming facility by the
  662  Department of Law Enforcement or any local law enforcement
  663  authority whose jurisdiction includes a resort licensee’s
  664  facility; or
  665         (c) Restrict access by the Department of Law Enforcement or
  666  a local law enforcement agency to information and records
  667  necessary for the investigation of criminal activity which are
  668  contained within the facilities of a resort licensee or supplier
  669  licensee.
  670         Section 7. Rulemaking.—
  671         (1) The commission shall adopt all rules necessary to
  672  implement, administer, and regulate limited gaming under the
  673  Destination Resort Act. The rules must include:
  674         (a) The types of limited gaming activities to be conducted
  675  and the rules for those games, including any restriction upon
  676  the time, place, and structures where limited gaming is
  677  authorized.
  678         (b) Requirements, procedures, qualifications, and grounds
  679  for the issuance, renewal, revocation, suspension, and summary
  680  suspension of a resort license, supplier’s license, or
  681  occupational license.
  682         (c) Requirements for the disclosure of the complete
  683  financial interests of licensees and applicants for licenses.
  684         (d) Technical requirements and the qualifications that are
  685  necessary to receive a license.
  686         (e) Procedures to scientifically test and technically
  687  evaluate slot machines and other authorized gaming devices for
  688  compliance with the Resort Act and the rules adopted by the
  689  commission. The commission may contract with an independent
  690  testing laboratory to conduct any necessary testing. The
  691  independent testing laboratory must have a national reputation
  692  for being demonstrably competent and qualified to scientifically
  693  test and evaluate slot machines and other authorized gaming
  694  devices. An independent testing laboratory may not be owned or
  695  controlled by a licensee. The use of an independent testing
  696  laboratory for any purpose related to the conduct of slot
  697  machine gaming and other authorized gaming by a resort licensee
  698  shall be made from a list of laboratories approved by the
  699  commission.
  700         (f) Procedures relating to limited gaming revenues,
  701  including verifying and accounting for such revenues, auditing,
  702  and collecting taxes and fees.
  703         (g) Requirements for limited gaming equipment, including
  704  the types and specifications of all equipment and devices that
  705  may be used in limited gaming facilities.
  706         (h) Procedures for regulating, managing, and auditing the
  707  operation, financial data, and program information relating to
  708  limited gaming which allow the commission and the Department of
  709  Law Enforcement to audit the operation, financial data, and
  710  program information of a resort licensee, as required by the
  711  commission or the Department of Law Enforcement, and provide the
  712  commission and the Department of Law Enforcement with the
  713  ability to monitor, at any time on a real-time basis, wagering
  714  patterns, payouts, tax collection, and compliance with any rules
  715  adopted by the commission for the regulation and control of
  716  limited gaming. Such continuous and complete access, at any time
  717  on a real-time basis, shall include the ability of either the
  718  commission or the Department of Law Enforcement to suspend play
  719  immediately on particular slot machines or other gaming devices
  720  if monitoring of the facilities-based computer system indicates
  721  possible tampering or manipulation of those slot machines or
  722  gaming devices or the ability to suspend play immediately of the
  723  entire operation if the tampering or manipulation is of the
  724  computer system itself. The commission shall notify the
  725  Department of Law Enforcement or the Department of Law
  726  Enforcement shall notify the commission, as appropriate,
  727  whenever there is a suspension of play pursuant to this
  728  paragraph. The commission and the Department of Law Enforcement
  729  shall exchange information that is necessary for, and cooperate
  730  in the investigation of, the circumstances requiring suspension
  731  of play pursuant to this paragraph.
  732         (i) Procedures for requiring each resort licensee at his or
  733  her own cost and expense to supply the commission with a bond as
  734  required.
  735         (j) Procedures for requiring licensees to maintain and to
  736  provide to the commission records, data, information, or
  737  reports, including financial and income records.
  738         (k) Procedures to calculate the payout percentages of slot
  739  machines.
  740         (l) Minimum standards for security of the facilities,
  741  including floor plans, security cameras, and other security
  742  equipment.
  743         (m) The scope and conditions for investigations and
  744  inspections into the conduct of limited gaming.
  745         (n) The standards and procedures for the seizure without
  746  notice or hearing of gaming equipment, supplies, or books and
  747  records for the purpose of examination and inspection.
  748         (o) Procedures for requiring resort licensees and supplier
  749  licensees to implement and establish drug-testing programs for
  750  all employees.
  751         (p) Procedures and guidelines for the continuous recording
  752  of all gaming activities at a limited gaming facility. The
  753  commission may require a resort licensee to timely provide all
  754  or part of the original recordings pursuant to a schedule.
  755         (q) The payment of costs incurred by the commission or any
  756  other agencies for investigations or background checks or costs
  757  associated with testing limited gaming related equipment, which
  758  must be paid by an applicant for a license or a licensee.
  759         (r) The levying of fines for violations of the Resort Act
  760  or any rule adopted by the commission, which fines may not
  761  exceed $250,000 per violation arising out of a single
  762  transaction.
  763         (s) The amount of any application fee or fee to renew an
  764  occupational license or a suppliers license.
  765         (t) Any other rule necessary to accomplish the purposes of
  766  the Resort Act.
  767         (2) The commission may at any time adopt emergency rules
  768  pursuant to s. 120.54, Florida Statutes. The Legislature finds
  769  that such emergency rulemaking power is necessary for the
  770  preservation of the rights and welfare of the people in order to
  771  provide additional funds to benefit the public. The Legislature
  772  further finds that the unique nature of limited gaming
  773  operations requires, from time to time, that the commission
  774  respond as quickly as is practicable. Therefore, in adopting
  775  such emergency rules, the commission need not make the findings
  776  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
  777  adopted under this section are exempt from s. 120.54(4)(c),
  778  Florida Statutes. However, the emergency rules may not remain in
  779  effect for more than 180 days except that the commission may
  780  renew the emergency rules during the pendency of procedures to
  781  adopt permanent rules addressing the subject of the emergency
  782  rules.
  783         Section 8. Law enforcement officers.—
  784         (1) The commission may employ sworn law enforcement
  785  officers to enforce any criminal law, conduct any criminal
  786  investigation, or enforce any statute within the jurisdiction of
  787  the commission.
  788         (2) Each law enforcement officer must meet the
  789  qualifications for law enforcement officers under s. 943.13,
  790  Florida Statutes, and must be certified as a law enforcement
  791  officer by the Department of Law Enforcement. Upon
  792  certification, each law enforcement officer is subject to and
  793  has the authority provided to law enforcement officers generally
  794  under chapter 901, Florida Statutes, and has statewide
  795  jurisdiction.
  796         (3) Each officer has arrest authority as provided for state
  797  law enforcement officers under s. 901.15, Florida Statutes, and
  798  full law enforcement powers granted to other officers of this
  799  state, including the authority to make arrests, carry firearms,
  800  serve court process, and seize contraband and proceeds from
  801  illegal activities.
  802         (4) Each law enforcement officer of the commission, upon
  803  certification under s. 943.1395, Florida Statutes, has the same
  804  right and authority to carry arms as do the sheriffs of this
  805  state.
  806         Section 9. Executive director.—The commission shall appoint
  807  or remove the executive director of the commission by a majority
  808  vote. An interim executive director shall be appointed within 10
  809  days after the initial meeting of the commission.
  810         (1) The executive director:
  811         (a) Shall devote full time to the duties of the office;
  812         (b) May not hold any other office or employment;
  813         (c) Shall perform all duties assigned by the commission;
  814  and
  815         (d) May hire assistants and employees as necessary to
  816  conduct the business of the commission, and consultants
  817  necessary for the efficient operation of destination resorts.
  818         (2)(a) The executive director may not employ a person who,
  819  during the 3 years immediately preceding employment, held a
  820  direct or indirect interest in, or was employed by:
  821         1. A resort licensee or supplier licensee;
  822         2. An applicant for a resort license or an applicant for a
  823  similar license in another jurisdiction;
  824         3. An entity licensed to operate a gaming facility in
  825  another state;
  826         4. A pari-mutuel gaming facility licensed to operate in
  827  this state; or
  828         5. A tribal gaming facility within this state.
  829         (b) Notwithstanding paragraph (a), a person may be employed
  830  by the commission if the commission finds that the person’s
  831  former interest in any licensee will not interfere with the
  832  objective discharge of the person’s employment obligations.
  833  However, a person may not be employed by the commission if:
  834         1. The person’s interest in an applicant, licensee, or
  835  tribal facility constituted a controlling interest; or
  836         2. The person or the person’s spouse, parent, child,
  837  child’s spouse, or sibling is a member of the commission, or a
  838  director of, or a person financially interested in, an applicant
  839  or a licensee.
  840         Section 10. Code of ethics.—
  841         (1) The commission shall adopt a code of ethics by rule for
  842  its members, employees, and agents.
  843         (2) A member of the commission or the executive director
  844  may not hold a direct or indirect interest in, be employed by,
  845  or enter into a contract for service with an applicant or person
  846  licensed by the commission for a period of 5 years after the
  847  date of termination of the person’s membership on or employment
  848  with the commission.
  849         (3) An employee of the commission may not acquire a direct
  850  or indirect interest in, be employed by, or enter into a
  851  contract for services with an applicant or person licensed by
  852  the commission for a period of 3 years after the date of
  853  termination of the person’s employment with the commission.
  854         (4) A commission member or a person employed by the
  855  commission may not represent a person or party other than the
  856  state before or against the commission for a period of 3 years
  857  after the date of termination of the member’s term of office or
  858  the employee’s period of employment with the commission.
  859         (5) A business entity in which a former commission member,
  860  employee, or agent has an interest, or any partner, officer, or
  861  employee of that business entity, may not appear before or
  862  represent another person before the commission if the former
  863  commission member, employee, or agent would be prohibited from
  864  doing so. As used in this subsection, the term “business entity”
  865  means a corporation, limited liability company, partnership,
  866  limited liability partnership association, trust, or other form
  867  of legal entity.
  868         (6) A member, employee, or agent of the commission may not
  869  engage in political activity or politically related activity
  870  during the duration of the person’s appointment or employment.
  871  As used in this paragraph, the terms “political activity” or
  872  “politically related activity” include:
  873         (a) Using the person’s official authority or influence for
  874  the purpose of interfering with or affecting the result of an
  875  election;
  876         (b) Knowingly soliciting, accepting, or receiving political
  877  contributions from any person;
  878         (c) Running for nomination or as a candidate for election
  879  to a partisan political office; or
  880         (d) Knowingly soliciting or discouraging the participation
  881  in any political activity of any person who is:
  882         1. Applying for any compensation, grant, contract, ruling,
  883  license, permit, or certificate pending before the commission;
  884  or
  885         2. The subject of or a participant in an ongoing audit,
  886  investigation, or enforcement action being carried out by the
  887  commission.
  888         (7) A former member, employee, or agent of the commission
  889  may appear before the commission as a witness testifying as to
  890  factual matters or actions handled by the former member,
  891  employee, or agent during his or her tenure with the commission.
  892  However, the former member, employee, or agent of the commission
  893  may not receive compensation for the appearance other than a
  894  standard witness fee and reimbursement for travel expenses as
  895  established by statute or rules governing administrative
  896  proceedings before the Division of Administrative Hearings.
  897         (8)(a) The executive director must approve outside
  898  employment for an employee or agent of the commission.
  899         (b) An employee or agent of the commission granted
  900  permission for outside employment may not conduct any business
  901  or perform any activities, including solicitation, related to
  902  outside employment on premises used by the commission or during
  903  the employee’s working hours for the commission.
  904         (c) As used in this subsection, the term “outside
  905  employment” includes, but is not limited to:
  906         1. Operating a proprietorship;
  907         2. Participating in a partnership or group business
  908  enterprise; or
  909         3. Performing as a director or corporate officer of any
  910  for-profit corporation or banking or credit institution.
  911         (9) A member, employee, or agent of the commission may not
  912  participate in or wager on any game conducted by any resort
  913  licensee or applicant or any affiliate of a licensee or
  914  applicant regulated by the commission in this state or in any
  915  other jurisdiction, except as required as part of the person’s
  916  surveillance, security, or other official duties.
  917         Section 11. Disclosures by commissioners, employees, and
  918  agents.—
  919         (1) COMMISSIONERS.—
  920         (a) Each member of the commission shall file a financial
  921  disclosure statement pursuant to s. 112.3145, Florida Statutes.
  922         (b) Each member must disclose information required by rules
  923  of the commission to ensure the integrity of the commission and
  924  its work.
  925         (c) By January 1 of each year, each member must file a
  926  statement with the commission:
  927         1. Affirming that the member, and the member’s spouse,
  928  parent, child, or child’s spouse, is not a member of the board
  929  of directors of, financially interested in, or employed by an
  930  applicant or resort licensee.
  931         2. Affirming that the member is in compliance with the
  932  Resort Act and the rules of the commission.
  933         3. Disclosing any legal or beneficial interest in real
  934  property that is or may be directly or indirectly involved with
  935  activities or persons regulated by the commission.
  936         (d) Each member must disclose involvement with any gaming
  937  interest in the 5 years preceding appointment as a member.
  938         (2) EMPLOYEES AND AGENTS.—
  939         (a) The executive director and each managerial employee and
  940  agent, as determined by the commission, shall file a financial
  941  disclosure statement pursuant to s. 112.3145, Florida Statutes.
  942  All employees and agents must comply with the provisions of
  943  chapter 112, Florida Statutes.
  944         (b) The executive director and each managerial employee and
  945  agent identified by rule of the commission must disclose
  946  information required by rules of the commission to ensure the
  947  integrity of the commission and its work.
  948         (c) By January 31 of each year, each employee and agent of
  949  the commission must file a statement with the commission:
  950         1. Affirming that the employee, and the employee’s spouse,
  951  parent, child, or child’s spouse, is not financially interested
  952  in or employed by an applicant or licensee.
  953         2. Affirming that the person does not have any financial
  954  interest prohibited by laws or rules administered by the
  955  commission.
  956         3. Disclosing any legal or beneficial interest in real
  957  property that is or may be directly or indirectly involved with
  958  activities or persons regulated by the commission.
  959         (d) Each employee or agent of the commission must disclose
  960  involvement with any gaming interest during the 5 years before
  961  employment.
  962         (3) CIRCUMSTANCES REQUIRING IMMEDIATE DISCLOSURE.—
  963         (a) A member, employee, or agent of the commission who
  964  becomes aware that the member, employee, or agent of the
  965  commission or his or her spouse, parent, or child is a member of
  966  the board of directors of, financially interested in, or
  967  employed by an applicant or licensee must immediately provide
  968  detailed written notice to the chair.
  969         (b) A member, employee, or agent of the commission must
  970  immediately provide detailed written notice of the circumstances
  971  to the chair if the member, employee, or agent is indicted,
  972  charged with, convicted of, pleads guilty or nolo contendere to,
  973  or forfeits bail for:
  974         1. A misdemeanor involving gambling, dishonesty, theft, or
  975  fraud;
  976         2. A violation of any law in any state, or a law of the
  977  United States or any other jurisdiction, involving gambling,
  978  dishonesty, theft, or fraud which substantially corresponds to a
  979  misdemeanor in this state; or
  980         3. A felony under the laws of this or any other state, or
  981  the laws of the United States, or any other jurisdiction.
  982         (c) A member, employee, or agent of the commission who is
  983  negotiating for an interest in a licensee or an applicant, or is
  984  affiliated with such a person, must immediately provide written
  985  notice of the details of the interest to the chair. The member,
  986  employee, or agent of the commission may not act on behalf of
  987  the commission with respect to that person.
  988         (d) A member, employee, or agent of the commission may not
  989  enter into negotiations for employment with any person or
  990  affiliate of any person who is an applicant, licensee, or an
  991  affiliate. If a member, employee, or agent of the commission
  992  enters into negotiations for employment in violation of this
  993  paragraph or receives an invitation, written or oral, to
  994  initiate a discussion concerning employment with any person who
  995  is a licensee, applicant, or an affiliate, he or she must
  996  immediately provide written notice of the details of any such
  997  negotiations or discussions to the chair. The member, employee,
  998  or agent of the commission may not take any action on behalf of
  999  the commission with respect to that licensee or applicant.
 1000         (e) A licensee or applicant may not knowingly initiate a
 1001  negotiation for, or discussion of, employment with a member,
 1002  employee, or agent of the commission. A licensee or applicant
 1003  who initiates a negotiation or discussion about employment shall
 1004  immediately provide written notice of the details of the
 1005  negotiation or discussion to the chair as soon as that person
 1006  becomes aware that the negotiation or discussion has been
 1007  initiated with a member, employee, or agent of the commission.
 1008         (f) A member, employee, or agent of the commission, or a
 1009  parent, spouse, sibling, or child of a member, employee, or
 1010  agent of the commission, may not accept any gift, gratuity,
 1011  compensation, travel, lodging, or anything of value, directly or
 1012  indirectly, from a licensee, applicant, or affiliate or
 1013  representative of a person regulated by the commission unless
 1014  the acceptance is permitted under the rules of the commission
 1015  and conforms with chapter 112, Florida Statutes. A member,
 1016  employee, or agent of the commission who is offered or receives
 1017  any gift, gratuity, compensation, travel, lodging, or anything
 1018  of value, directly or indirectly, from any licensee or an
 1019  applicant or affiliate or representative of a person regulated
 1020  by the commission must immediately provide written notice of the
 1021  details to the chair.
 1022         (g) A licensee, applicant, or affiliate or representative
 1023  of an applicant or licensee may not, directly or indirectly,
 1024  knowingly give or offer to give any gift, gratuity,
 1025  compensation, travel, lodging, or anything of value to any
 1026  member or employee, or to a parent, spouse, sibling, or child of
 1027  a member, employee, or agent, which the member or employee is
 1028  prohibited from accepting under paragraph (f).
 1029         (h) A member, employee, or agent of the commission may not
 1030  engage in any conduct that constitutes a conflict of interest,
 1031  and must immediately advise the chair in writing of the details
 1032  of any incident or circumstances that would suggest the
 1033  existence of a conflict of interest with respect to the
 1034  performance of commission-related work or duty of the member,
 1035  employee, or agent of the commission.
 1036         (i) A member, employee, or agent of the commission who is
 1037  approached and offered a bribe must immediately provide a
 1038  written account of the details of the incident to the chair and
 1039  to a law enforcement agency having jurisdiction over the matter.
 1040         Section 12. Ex parte communications.—
 1041         (1) A licensee, applicant, or any affiliate or
 1042  representative of an applicant or licensee may not engage
 1043  directly or indirectly in ex parte communications concerning a
 1044  pending application, license, or enforcement action with a
 1045  member of the commission or concerning a matter that likely will
 1046  be pending before the commission. A member of the commission may
 1047  not engage directly or indirectly in any ex parte communications
 1048  concerning a pending application, license, or enforcement action
 1049  with members of the commission, or with a licensee, applicant,
 1050  or any affiliate or representative of an applicant or licensee,
 1051  or concerning a matter that likely will be pending before the
 1052  commission.
 1053         (2) Any commission member, licensee, applicant, or
 1054  affiliate or representative of a commission member, licensee, or
 1055  applicant who receives any ex parte communication in violation
 1056  of subsection (1), or who is aware of an attempted communication
 1057  in violation of subsection (1), must immediately report details
 1058  of the communication or attempted communication in writing to
 1059  the chair.
 1060         (3) If a commissioner knowingly receives an ex parte
 1061  communication relative to a proceeding to which he or she is
 1062  assigned, he or she must place on the record copies of all
 1063  written communications received, copies of all written responses
 1064  to the communications, and a memorandum stating the substance of
 1065  all oral communications received and all oral responses made,
 1066  and shall give written notice to all parties to the
 1067  communication that such matters have been placed on the record.
 1068  Any party who desires to respond to an ex parte communication
 1069  may do so. The response must be received by the commission
 1070  within 10 days after receiving notice that the ex parte
 1071  communication has been placed on the record. The commissioner
 1072  may, if he or she deems it necessary to eliminate the effect of
 1073  an ex parte communication received by him or her, withdraw from
 1074  the proceeding potentially impacted by the ex parte
 1075  communication. After a commissioner withdraws from the
 1076  proceeding, the chair shall substitute another commissioner for
 1077  the proceeding if the proceeding was not assigned to the full
 1078  commission.
 1079         (4) Any individual who makes an ex parte communication must
 1080  submit to the commission a written statement describing the
 1081  nature of such communication, including the name of the person
 1082  making the communication, the name of the commissioner or
 1083  commissioners receiving the communication, copies of all written
 1084  communications made, all written responses to such
 1085  communications, and a memorandum stating the substance of all
 1086  oral communications received and all oral responses made. The
 1087  commission shall place on the record of a proceeding all such
 1088  communications.
 1089         (5) A member of the commission who knowingly fails to place
 1090  on the record any ex parte communications, in violation of this
 1091  section, within 15 days after the date of the communication is
 1092  subject to removal and may be assessed a civil penalty not to
 1093  exceed $5,000.
 1094         (6) The Commission on Ethics shall receive and investigate
 1095  sworn complaints of violations of this section pursuant to ss.
 1096  112.322-112.3241, Florida Statutes.
 1097         (7) If the Commission on Ethics finds that a member of the
 1098  commission has violated this section, it shall provide the
 1099  Governor with a report of its findings and recommendations. The
 1100  Governor may enforce the findings and recommendations of the
 1101  Commission on Ethics pursuant to part III of chapter 112,
 1102  Florida Statutes.
 1103         (8) If a commissioner fails or refuses to pay the
 1104  Commission on Ethics any civil penalties assessed pursuant to
 1105  this section, the Commission on Ethics may bring an action in
 1106  any circuit court to enforce such penalty.
 1107         (9) If, during the course of an investigation by the
 1108  Commission on Ethics into an alleged violation of this section,
 1109  allegations are made as to the identity of the person who
 1110  participated in the ex parte communication, that person must be
 1111  given notice and an opportunity to participate in the
 1112  investigation and relevant proceedings to present a defense. If
 1113  the Commission on Ethics determines that the person participated
 1114  in the ex parte communication, the person may not appear before
 1115  the commission or otherwise represent anyone before the
 1116  commission for 2 years.
 1117         Section 13. Penalties for misconduct by a commissioner,
 1118  employee, or agent.—
 1119         (1) A violation of the Resort Act by a member of the
 1120  commission may result in disqualification or constitute cause
 1121  for removal by the Governor or other disciplinary action as
 1122  determined by the commission.
 1123         (2) A violation of the Resort Act by an employee or agent
 1124  of the commission does not require termination of employment or
 1125  other disciplinary action if:
 1126         (a) The commission determines that the conduct involved
 1127  does not violate the purposes the Resort Act; or
 1128         (b) There was no intentional action on the part of the
 1129  employee or agent, contingent on divestment of the financial
 1130  interest within 30 days after the interest was acquired.
 1131         (3) Notwithstanding subsection (2), an employee or agent of
 1132  the commission who violates the Resort Act shall be terminated
 1133  if a financial interest in a licensee, applicant, or affiliate,
 1134  or representative of a licensee or applicant, is acquired by:
 1135         (a) An employee of the commission; or
 1136         (b) The employee’s or agent’s spouse, parent, or child.
 1137         (4) A violation the Resort Act does not create a civil
 1138  cause of action.
 1139         Section 14. Legislative authority; administration of act.
 1140  The regulation of the conduct of limited gaming activity at a
 1141  resort licensee is preempted to the state and a county,
 1142  municipality, or other political subdivision of the state may
 1143  not enact any ordinance relating to limited gaming. Only the
 1144  commission and other authorized state agencies shall administer
 1145  the Resort Act and regulate limited gaming, including limited
 1146  gaming at resort licensees and the assessment of fees or taxes
 1147  relating to the conduct of limited gaming.
 1148         Section 15. Process for awarding destination resort
 1149  licenses.—
 1150         (1) The commission shall by rule use an invitation to
 1151  negotiate process for determining the award of a resort license.
 1152  The application, review, and issuance procedures for awarding a
 1153  license shall be by a process in which applicants rely on forms
 1154  provided by the commission in response to an invitation to
 1155  negotiate issued by the commission.
 1156         (2) The commission may, at its discretion, stagger the
 1157  issuance of invitations to negotiate, the period for review of
 1158  replies, and the awarding of one or more licenses to conduct
 1159  limited gaming, provided that the number of licenses does not
 1160  exceed five destination resort licensees. Invitations to
 1161  negotiate shall require a response within no less than 6 months
 1162  of the date after the issuance of the invitation.
 1163         (3) The commission shall review all complete replies
 1164  received pursuant to an invitation to negotiate. The commission
 1165  may select one or more replies with which to commence
 1166  negotiations after determining which replies are in the best
 1167  interest of the state based on the selection criteria. The
 1168  commission shall award or deny a destination resort license
 1169  within 12 months after the deadline for the submission of a
 1170  reply.
 1171         Section 16. Criteria for the award of a destination resort
 1172  license.-
 1173         (1) The commission may award a resort license to the
 1174  applicant of an invitation to negotiate which best serves the
 1175  interests of the residents of Florida. The reply to an
 1176  invitation to negotiate for a resort license must include an
 1177  application that demonstrates the applicant’s ability to meet
 1178  the following minimum criteria:
 1179         (a) The applicant must demonstrate a capacity to increase
 1180  tourism, generate jobs, provide revenue to the local economy,
 1181  and provide revenue to the General Revenue Fund.
 1182         (b) The applicant must demonstrate a history of, or a bona
 1183  fide plan for, community involvement or investment in the
 1184  community where the resort having a limited gaming facility will
 1185  be located.
 1186         (c) The applicant must demonstrate the financial ability to
 1187  purchase and maintain an adequate surety bond.
 1188         (d) The applicant must demonstrate that it has adequate
 1189  capitalization to develop, construct, maintain, and operate the
 1190  proposed resort and convention center having a limited gaming
 1191  facility in accordance with the requirements of the Resort Act
 1192  and rules adopted by the commission and to responsibly meet its
 1193  secured and unsecured debt obligations in accordance with its
 1194  financial and other contractual agreements.
 1195         (e) The applicant shall demonstrate the ability to
 1196  implement a program to train and employ residents of this state
 1197  for jobs that will be available at the destination resort,
 1198  including its ability to implement a program for the training of
 1199  low-income persons.
 1200         (f) The commission may, at its discretion, assess the
 1201  quality of the proposed development’s aesthetic appearance in
 1202  the context of its potential to provide substantial economic
 1203  benefits to the community and the people of Florida, including,
 1204  but not limited to, its potential to provide substantial
 1205  employment opportunities.
 1206         (g) The applicant shall demonstrate how it will comply with
 1207  state and federal affirmative action guidelines.
 1208         (h) The applicant shall demonstrate the ability to generate
 1209  substantial gross receipts.
 1210         (2) A resort license may be issued only to persons of good
 1211  moral character who are at least 21 years of age. A resort
 1212  license may issued to a corporation only if its officers are of
 1213  good moral character and at least 21 years of age.
 1214         (3) A resort license may not be issued to an applicant if
 1215  the applicant, qualifier, or institutional investor:
 1216         (a) Has, within the last 10 years, filed for protection
 1217  under the Federal Bankruptcy Code or had an involuntary
 1218  bankruptcy petition filed against them.
 1219         (b) Has, within the last 5 years, been adjudicated by a
 1220  court or tribunal for failure to pay income, sales, or gross
 1221  receipts tax due and payable under any federal, state, or local
 1222  law, after exhaustion of all appeals or administrative remedies.
 1223         (c) Has been convicted of a felony under the laws of this
 1224  or any other state, or the United States.
 1225         (d) Has been convicted of any violation under chapter 817,
 1226  Florida Statutes, or under a substantially similar law of
 1227  another jurisdiction.
 1228         (e) Knowingly submitted false information in the
 1229  application for the license.
 1230         (f) Is a member or employee of the commission.
 1231         (g) Was licensed to own or operate gaming or pari-mutuel
 1232  facilities in this state or another jurisdiction and that
 1233  license was revoked.
 1234         (h) Fails to meet any other criteria for licensure set
 1235  forth in the Resort Act.
 1236  
 1237  The term “conviction” includes an adjudication of guilt on a
 1238  plea of guilty or nolo contendere or the forfeiture of a bond
 1239  when charged with a crime.
 1240         Section 17. Application for destination resort license.—
 1241         (1) APPLICATION.—A reply submitted in response to an
 1242  invitation to negotiate must include a sworn application in the
 1243  format prescribed by the commission. The application must
 1244  include the following information:
 1245         (a)1. The name, business address, telephone number, social
 1246  security number, and, where applicable, the federal tax
 1247  identification number of the applicant and each qualifier; and
 1248         2. Information, documentation, and assurances concerning
 1249  financial background and resources as may be required to
 1250  establish the financial stability, integrity, and responsibility
 1251  of the applicant. This includes business and personal income and
 1252  disbursement schedules, tax returns and other reports filed with
 1253  governmental agencies, and business and personal accounting and
 1254  check records and ledgers. In addition, each applicant must
 1255  provide written authorization for the examination of all bank
 1256  accounts and records as may be deemed necessary by the
 1257  commission.
 1258         (b) The identity and, if applicable, the state of
 1259  incorporation or registration of any business in which the
 1260  applicant or a qualifier has an equity interest of more than 5
 1261  percent. If the applicant or qualifier is a corporation,
 1262  partnership, or other business entity, the applicant or
 1263  qualifier must identify any other corporation, partnership, or
 1264  other business entity in which it has an equity interest of more
 1265  than 5 percent, including, if applicable, the state of
 1266  incorporation or registration.
 1267         (c) A statement as to whether the applicant or a qualifier
 1268  has developed and operated a gaming facility within a
 1269  jurisdiction in the United States, including a description of
 1270  the gaming facility, the gaming facility’s gross revenue, and
 1271  the amount of revenue the gaming facility has generated for
 1272  state and local governments within that jurisdiction.
 1273         (d) A statement as to whether the applicant or a qualifier
 1274  has been indicted, convicted of, pled guilty or nolo contendere
 1275  to, or forfeited bail for any felony or for a misdemeanor
 1276  involving gambling, theft, or fraud. The statement must include
 1277  the date, the name and location of the court, the arresting
 1278  agency, the prosecuting agency, the case caption, the docket
 1279  number, the nature of the offense, the disposition of the case,
 1280  and, if applicable, the location and length of incarceration.
 1281         (e) A statement as to whether the applicant or a qualifier
 1282  has ever been granted any license or certificate in any
 1283  jurisdiction which has been restricted, suspended, revoked, not
 1284  renewed, or otherwise subjected to discipline. The statement
 1285  must describe the facts and circumstances concerning that
 1286  restriction, suspension, revocation, nonrenewal, or discipline,
 1287  including the licensing authority, the date each action was
 1288  taken, and an explanation of the circumstances for each
 1289  disciplinary action.
 1290         (f) A statement as to whether the applicant or qualifier
 1291  has, as a principal or a controlling shareholder, within the
 1292  last 10 years, filed for protection under the Federal Bankruptcy
 1293  Code or had an involuntary bankruptcy petition filed against it.
 1294         (g) A statement as to whether the applicant or qualifier
 1295  has, within the last 5 years, been adjudicated by a court or
 1296  tribunal for failure to pay any income, sales, or gross receipts
 1297  tax due and payable under federal, state, or local law, after
 1298  exhaustion of all appeals or administrative remedies. This
 1299  statement must identify the amount and type of the tax and the
 1300  time periods involved and must describe the resolution of the
 1301  nonpayment.
 1302         (h) A list of the names and titles of any public officials
 1303  or officers of any unit of state government or of the local
 1304  government or governments in the county or municipality in which
 1305  the proposed resort is to be located, and the spouses, parents,
 1306  and children of those public officials or officers, who,
 1307  directly or indirectly, own any financial interest in, have any
 1308  beneficial interest in, are the creditors of, hold any debt
 1309  instrument issued by the applicant or a qualifier, or hold or
 1310  have an interest in any contractual or service relationship with
 1311  the applicant or qualifier. As used in this paragraph, the terms
 1312  “public official” and “officer” do not include a person who
 1313  would be listed solely because the person is a member of the
 1314  Florida National Guard.
 1315         (i) The name and business telephone number of any attorney,
 1316  lobbyist, or other person who is representing an applicant
 1317  before the commission during the application process.
 1318         (j) A description of the applicant’s history of and
 1319  proposed plan for community involvement or investment in the
 1320  community where the resort having a limited gaming facility
 1321  would be located.
 1322         (k) A description of the applicant’s proposed resort,
 1323  including a description of the economic benefit to the community
 1324  in which the facility would be located, the anticipated number
 1325  of employees, a statement regarding how the applicant would
 1326  comply with federal and state affirmative action guidelines, a
 1327  projection of admissions or attendance at the limited gaming
 1328  facility, a projection of gross receipts, and scientific market
 1329  research pertaining to the proposed facility, if any.
 1330         (l) A schedule or timeframe for completing the resort.
 1331         (m) A plan for training residents of this state for jobs at
 1332  the resort. The job-training plan must provide training to
 1333  enable low-income persons to qualify for jobs at the resort.
 1334         (n) The identity of each person, association, trust, or
 1335  corporation or partnership having a direct or indirect equity
 1336  interest in the applicant of greater than 5 percent. If
 1337  disclosure of a trust is required under this paragraph, the
 1338  names and addresses of the beneficiaries of the trust must also
 1339  be disclosed. If the identity of a corporation must be
 1340  disclosed, the names and addresses of all stockholders and
 1341  directors must also be disclosed. If the identity of a
 1342  partnership must be disclosed, the names and addresses of all
 1343  partners, both general and limited, must also be disclosed.
 1344         (o) A destination resort and limited gaming facility
 1345  development plan.
 1346         (p) The fingerprints of the all officers or directors of
 1347  the applicant and qualifiers, and any persons exercising
 1348  operational or managerial control of the applicant, as
 1349  determined by rule of the commission, for a criminal history
 1350  record check.
 1351         (2) DISCRETION TO REQUIRE INFORMATION.—Notwithstanding any
 1352  other provision of law, the commission is the sole authority for
 1353  determining the information or documentation that must be
 1354  included in an application for a resort license or in an
 1355  application to renew a resort license. Such documentation and
 1356  information may relate to: demographics, education, work
 1357  history, personal background, criminal history, finances,
 1358  business information, complaints, inspections, investigations,
 1359  discipline, bonding, photographs, performance periods,
 1360  reciprocity, local government approvals, supporting
 1361  documentation, periodic reporting requirements, and fingerprint
 1362  requirements.
 1363         (3) DUTY TO SUPPLEMENT APPLICATION.—The application shall
 1364  be supplemented as needed to reflect any material change in any
 1365  circumstance or condition stated in the application which takes
 1366  place between the initial filing of the application and the
 1367  final grant or denial of the license. Any submission required to
 1368  be in writing may otherwise be required by the commission to be
 1369  made by electronic means.
 1370         (4) CRIMINAL HISTORY CHECKS.—The commission may contract
 1371  with private vendors, or enter into interagency agreements, to
 1372  collect electronic fingerprints where fingerprints are required
 1373  for licensure or where criminal history record checks are
 1374  required.
 1375         (5) APPLICATION FEES.—
 1376         (a) The application for a resort license must be submitted
 1377  along with a nonrefundable application fee of $1 million to be
 1378  used by the commission to defray costs associated with the
 1379  review and investigation of the application and to conduct a
 1380  background investigation of the applicant and each qualifier. If
 1381  the cost of the review and investigation exceeds $1 million, the
 1382  applicant must pay the additional amount to the commission
 1383  within 30 days after the receipt of a request for an additional
 1384  payment.
 1385         (b) The application for a destination resort license must
 1386  be submitted with a one-time licensing fee of $50 million. If
 1387  the commission denies the application, the commission must
 1388  refund the licensing fee within 30 days after the denial of the
 1389  application. If the applicant withdraws the application after
 1390  the application deadline established by the commission, the
 1391  commission must refund 80 percent of the licensing fee within 30
 1392  days after the application is withdrawn.
 1393         Section 18. Incomplete applications.—
 1394         (1) An incomplete application for a resort license is
 1395  grounds for the denial of the application.
 1396         (2)(a) If the commission determines that an application for
 1397  a resort license is incomplete, the executive director shall
 1398  immediately provide written notice to the applicant of the
 1399  incomplete items. The applicant may then request a confidential
 1400  informal conference with the executive director or his designee
 1401  to discuss the application.
 1402         (b) The executive director shall provide the applicant an
 1403  extension of 30 days to complete the application following the
 1404  date of the informal conference. If the executive director finds
 1405  that the application has not been completed within the
 1406  extension, the applicant may appeal the finding to the
 1407  commission. During an extension or the pendency of an appeal to
 1408  the commission, the award of resort licenses is stayed.
 1409         Section 19. Institutional investors as qualifiers.—
 1410         (1) An application for a resort license that has an
 1411  institutional investor as a qualifier need not contain
 1412  information relating to the institutional investor other than
 1413  the identity of the investor and information relating to
 1414  qualifications under the Resort Act if the institutional
 1415  investor:
 1416         (a) Holds less than 5 percent of the equity securities or 5
 1417  percent of the debt securities of an applicant or affiliate of
 1418  the applicant;
 1419         (b) Is a publicly traded corporation; and
 1420         (c) Files a certified statement that the institutional
 1421  investor does not intend to influence or affect the affairs of
 1422  the applicant or an affiliate of the applicant and further
 1423  states that its holdings of securities of the applicant or
 1424  affiliate were purchased for investment purposes only.
 1425  
 1426  The commission may limit the application requirements as
 1427  provided in this subsection for an institutional investor that
 1428  is a qualifier and that holds 5 percent or more of the equity or
 1429  debt securities of an applicant or affiliate of the applicant
 1430  upon a showing of good cause and if the conditions specified in
 1431  paragraphs (b) and (c) are satisfied.
 1432         (2) An institutional investor that is exempt from the full
 1433  application requirements under this section and that
 1434  subsequently intends to influence or affect the affairs of the
 1435  issuer must first notify the commission of its intent and file
 1436  an application containing all of the information that would have
 1437  been required of the institutional investor in the application
 1438  for a resort license. The commission may deny the application if
 1439  it determines that granting the application will impair the
 1440  financial stability of the licensee or impair the ability of the
 1441  licensee to comply with its development plans or other plans
 1442  submitted to the commission by the applicant or licensee.
 1443         (3) An applicant for a license or a resort licensee or
 1444  affiliate shall immediately notify the commission of any
 1445  information concerning an institutional investor holding its
 1446  equity or debt securities which may disqualify an institutional
 1447  investor from having a direct or indirect interest in the
 1448  applicant or licensee, and the commission may require the
 1449  institutional investor to file all information that would have
 1450  been required of the institutional investor in the application
 1451  for a license.
 1452         (4) If the commission finds that an institutional investor
 1453  that is a qualifier fails to comply with the requirements of
 1454  subsection (1) or, if at any time the commission finds that by
 1455  reason of the extent or nature of its holdings an institutional
 1456  investor is in a position to exercise a substantial impact upon
 1457  the controlling interests of a licensee, the commission may
 1458  require the institutional investor to file an application
 1459  containing all of information that would have been required of
 1460  the institutional investor in the application for a license.
 1461         (5) Notwithstanding paragraph (1)(c), an institutional
 1462  investor may vote on all matters that are put to the vote of the
 1463  outstanding security holders of the applicant or licensee.
 1464         Section 20. Lenders and underwriters; exemption as
 1465  qualifiers.—A bank, lending institution, or any underwriter in
 1466  connection with any bank or lending institution that, in the
 1467  ordinary course of business, makes a loan to, or holds a
 1468  security interest in, a licensee or applicant, a supplier
 1469  licensee or applicant or its subsidiary, or direct or indirect
 1470  parent company of any of the foregoing is not a qualifier and is
 1471  not required to be licensed.
 1472         Section 21. Conditions for a resort license.—As a condition
 1473  to licensure and to maintain continuing authority, a resort
 1474  licensee must:
 1475         (1) Comply with the Resort Act and the rules of the
 1476  commission.
 1477         (2) Allow the commission and the Department of Law
 1478  Enforcement unrestricted access to and right of inspection of
 1479  facilities of a licensee in which any activity relative to the
 1480  conduct of gaming is conducted.
 1481         (3) Complete the resort in accordance with the plans and
 1482  timeframe proposed to the commission in its application, unless
 1483  a waiver is granted by the commission.
 1484         (4) Ensure that the facilities-based computer system that
 1485  the licensee will use for operational and accounting functions
 1486  of the facility is specifically structured to facilitate
 1487  regulatory oversight. The facilities-based computer system shall
 1488  be designed to provide the commission and the Department of Law
 1489  Enforcement with the ability to monitor, at any time on a real
 1490  time basis, the wagering patterns, payouts, tax collection, and
 1491  such other operations as necessary to determine whether the
 1492  facility is in compliance with statutory provisions and rules
 1493  adopted by the commission for the regulation and control of
 1494  gaming. The commission and the Department of Law Enforcement
 1495  shall have complete and continuous access to this system. Such
 1496  access shall include the ability of either the commission or the
 1497  Department of Law Enforcement to suspend play immediately on
 1498  particular slot machines or gaming devices if monitoring of the
 1499  system indicates possible tampering or manipulation of those
 1500  slot machines or gaming devices or the ability to suspend play
 1501  immediately of the entire operation if the tampering or
 1502  manipulation is of the computer system itself. The computer
 1503  system shall be reviewed and approved by the commission to
 1504  ensure necessary access, security, and functionality. The
 1505  commission may adopt rules to provide for the approval process.
 1506         (5) Ensure that each game, slot machine, or other gaming
 1507  device is protected from manipulation or tampering that may
 1508  affect the random probabilities of winning plays. The commission
 1509  or the Department of Law Enforcement may suspend play upon
 1510  reasonable suspicion of any manipulation or tampering. If play
 1511  has been suspended on any game, slot machine, or other gaming
 1512  device, the commission or the Department of Law Enforcement may
 1513  conduct an examination to determine whether the game, machine,
 1514  or other gaming device has been tampered with or manipulated and
 1515  whether the game, machine, or other gaming device should be
 1516  returned to operation.
 1517         (6) Submit a security plan, including the facilities’ floor
 1518  plans, the locations of security cameras, and a listing of all
 1519  security equipment that is capable of observing and
 1520  electronically recording activities being conducted in the
 1521  facilities of the licensee. The security plan must meet the
 1522  minimum security requirements as determined by the commission
 1523  and be implemented before the operation of gaming. The
 1524  licensee’s facilities must adhere to the security plan at all
 1525  times. Any changes to the security plan must be submitted by the
 1526  licensee to the commission prior to implementation. The
 1527  commission shall furnish copies of the security plan and changes
 1528  in the plan to the Department of Law Enforcement.
 1529         (7) Create and file with the commission a written policy
 1530  for:
 1531         (a) Creating opportunities to purchase from vendors in this
 1532  state, including minority vendors.
 1533         (b) Creating opportunities for the employment of residents
 1534  of this state, including minority residents.
 1535         (c) Ensuring opportunities for obtaining construction
 1536  services from minority contractors.
 1537         (d) Ensuring that opportunities for employment are offered
 1538  on an equal, nondiscriminatory basis.
 1539         (e) Training employees on responsible gaming and working
 1540  with a compulsive or addictive gambling prevention program.
 1541         (f) Implementing a drug-testing program that includes, but
 1542  is not limited to, requiring each employee to sign an agreement
 1543  that he or she understands that the resort is a drug-free
 1544  workplace.
 1545         (g) Using the Internet-based job-listing system of the
 1546  Agency for Workforce Innovation in advertising employment
 1547  opportunities.
 1548         (h) Ensuring that the payout percentage of each slot
 1549  machine is at least 85 percent.
 1550         (8) A resort licensee shall keep and maintain permanent
 1551  daily records of its limited gaming operations and shall
 1552  maintain such records for a period of not less than 5 years.
 1553  These records must include all financial transactions and
 1554  contain sufficient detail to determine compliance with the
 1555  requirements of the Resort Act. All records shall be available
 1556  for audit and inspection by the commission, the Department of
 1557  Law Enforcement, or other law enforcement agencies during the
 1558  resort licensee’s regular business hours.
 1559         Section 22. Surety bond.—A destination resort licensee
 1560  must, at its own cost and expense, before the license is
 1561  delivered, give a bond in the penal sum to be determined by the
 1562  commission payable to the Governor of the state and her or his
 1563  successors in office. The bond must be issued by a surety or
 1564  sureties approved by the commission and the Chief Financial
 1565  Officer and the bond must be conditioned on the licensee
 1566  faithfully making the required payments to the Chief Financial
 1567  Officer in her or his capacity as treasurer of the commission,
 1568  keeping the licensee’s books and records and make reports as
 1569  provided, and conducting its limited gaming activities in
 1570  conformity with the Resort Act. The commission shall fix the
 1571  amount of the bond at the total amount of annual license fees
 1572  and the taxes estimated to become due as determined by the
 1573  commission. In lieu of a bond, an applicant or licensee may
 1574  deposit with the commission a like amount of funds, a savings
 1575  certificate, a certificate of deposit, an investment
 1576  certificate, or a letter of credit from a bank, savings bank,
 1577  credit union, or savings and loan association situated in this
 1578  state which meets the requirements set for that purpose by the
 1579  Chief Financial Officer. If security is provided in the form of
 1580  a savings certificate, a certificate of deposit, or an
 1581  investment certificate, the certificate must state that the
 1582  amount is unavailable for withdrawal except upon order of the
 1583  commission. The commission may review the bond or other security
 1584  for adequacy and require adjustments, including increasing the
 1585  amount of the bond and other security. The commission may adopt
 1586  rules to administer this section and establish guidelines for
 1587  such bonds or other securities.
 1588         Section 23. Conduct of limited gaming.—
 1589         (1) Limited gaming may be conducted by a resort licensee,
 1590  subject to the following:
 1591         (a) The site of the limited gaming facility is limited to
 1592  the resort licensee’s site location as approved by the
 1593  commission.
 1594         (b) Limited gaming may not be conducted by a resort
 1595  licensee until the resort is completed according to the proposal
 1596  approved by the commission.
 1597         (c) The commission’s agents and employees may enter and
 1598  inspect a limited gaming facility or other facilities relating
 1599  to a resort licensee’s gaming operations at any time for the
 1600  purpose of determining whether the licensee is in compliance
 1601  with the Resort Act.
 1602         (d) A resort licensee may lease or purchase gaming devices,
 1603  equipment, or supplies customarily used in conducting gaming
 1604  only from a licensed supplier.
 1605         (e) A resort licensee may not permit any form of wagering
 1606  on games except as permitted by the Resort Act.
 1607         (f) A resort licensee may receive wagers only from a person
 1608  present in the limited gaming facility.
 1609         (g) A resort licensee may not permit wagering using money
 1610  or other negotiable currency except for wagering on slot
 1611  machines.
 1612         (h) A resort licensee may not permit a person who is less
 1613  than 21 years of age to engage in gaming activity or remain in
 1614  an area of a limited gaming facility where gaming is being
 1615  conducted, except for a limited gaming employee of the resort
 1616  licensee who is at least 18 years of age.
 1617         (i) A resort licensee may not sell or distribute tokens,
 1618  chips, or electronic cards used to make wagers outside the
 1619  limited gaming facility. The tokens, chips, or electronic cards
 1620  may be purchased by means of an agreement under which the
 1621  licensee extends credit to a wagerer. The tokens, chips, or
 1622  electronic cards may be used only for the purpose of making
 1623  wagers on games within a limited gaming facility.
 1624         (j) All gaming activities must be conducted in accordance
 1625  with commission rules.
 1626         (2) A limited gaming facility may operate 24 hours per day,
 1627  every day of the year.
 1628         (3) A resort licensee may set the minimum and maximum
 1629  wagers on all games.
 1630         (4) A resort licensee shall give preference in employment,
 1631  reemployment, promotion, and retention to veterans and to the
 1632  persons included under s. 295.07(1), Florida Statutes, who
 1633  possess the minimum qualifications necessary to perform the
 1634  duties of the positions involved.
 1635         (5) A resort licensee shall use the E-Verify program, or a
 1636  similar program developed under the Immigration Reform and
 1637  Control Act of 1986 or the Illegal Immigration Reform and
 1638  Immigrant Responsibility Act of 1996, to verify the employment
 1639  eligibility of all prospective employees. Applicants for a
 1640  resort license must require that all contractors use such a
 1641  program to verify the employment eligibility of their
 1642  prospective employees.
 1643         (6) The commission shall renew a resort license if:
 1644         (a) The licensee has demonstrated an effort to increase
 1645  tourism, generate jobs, provide revenue to the local economy,
 1646  and provide revenue to the state General Revenue Fund.
 1647         (b) The commission has not suspended or revoked the license
 1648  of the licensee.
 1649         (c) The licensee continues to satisfy all the requirements
 1650  of the initial application for licensure.
 1651         Section 24. License fee; tax rate; disposition.—
 1652         (1) LICENSE FEE.—On the anniversary date of the issuance of
 1653  the initial resort license and annually thereafter, the licensee
 1654  must pay to the commission a nonrefundable annual license fee of
 1655  $2 million. The license shall be renewed annually, unless the
 1656  commission has revoked the license for a violation of the Resort
 1657  Act or rule of the commission. The license fee shall be
 1658  deposited into the Destination Resort Trust Fund to be used by
 1659  the commission and the Department of Law Enforcement for
 1660  investigations, regulation of limited gaming, and enforcement of
 1661  the Resort Act.
 1662         (2) GROSS RECEIPTS TAX.—
 1663         (a) Each resort licensee shall pay a gross receipts tax on
 1664  its gross receipts to the state. Upon completion of the resort
 1665  and before limited gaming may be conducted, the resort licensee
 1666  must submit proof, as required by the commission, of the total
 1667  investment made in the construction of the resort. Upon
 1668  submission of this information, the gross receipts tax rate
 1669  shall be set as follows:
 1670         1. If the total infrastructure investment is $2.5 billion
 1671  or more, the tax rate shall be 10 percent of the gross receipts.
 1672         2. If the total infrastructure investment is at least $1
 1673  billion but less than $2.5 billion, the tax rate shall be 15
 1674  percent of the gross receipts.
 1675         3. If the total infrastructure investment is less than $1
 1676  billion, the tax rate shall be 20 percent of the gross receipts.
 1677         (b) The gross receipts tax is in lieu of any other state
 1678  taxes on gross or adjusted gross receipts of a resort licensee.
 1679         (3) TAX PROCEEDS.—
 1680         (a) The gross receipts tax shall be deposited into the
 1681  Destination Resort Trust Fund and shall be used to fund the
 1682  operating costs of the commission pursuant to appropriations by
 1683  the Legislature.
 1684         (b) On June 30 of each year, all unappropriated funds in
 1685  excess of $5 million shall be deposited as follows:
 1686         1. Ninety-five percent shall be deposited into the General
 1687  Revenue Fund.
 1688         2. Two and 1/2 percent shall be deposited into the Tourism
 1689  Promotional Trust Fund for use by the Florida Commission on
 1690  Tourism.
 1691         3. One and 1/4 percent shall be deposited into the
 1692  Employment Security Administration Trust Fund for the benefit of
 1693  the school readiness program.
 1694         4. One and 1/4 percent shall be deposited into the
 1695  Transportation Disadvantaged Trust Fund for use by the
 1696  Commission for the Transportation Disadvantaged.
 1697         Section 25. Fingerprint requirements.—Any fingerprints
 1698  required to be taken under the Resort Act must be taken in a
 1699  manner approved by, and shall be submitted electronically by the
 1700  commission to, the Department of Law Enforcement. The Department
 1701  of Law Enforcement shall submit the results of the state and
 1702  national records check to the commission. The commission shall
 1703  consider the results of the state and national records check in
 1704  evaluating an application for any license.
 1705         (1) The cost of processing fingerprints and conducting a
 1706  criminal history record check shall be borne by the applicant.
 1707  The Department of Law Enforcement may submit a monthly invoice
 1708  to the commission for the cost of processing the fingerprints
 1709  submitted.
 1710         (2) All fingerprints submitted to the Department of Law
 1711  Enforcement pursuant to the Resort Act shall be retained by the
 1712  Department of Law Enforcement and entered into the statewide
 1713  automated fingerprint identification system as authorized by s.
 1714  943.05(2)(b), Florida Statutes, and shall be available for all
 1715  purposes and uses authorized for arrest fingerprint cards
 1716  entered into the statewide automated fingerprint identification
 1717  system pursuant to s. 943.051, Florida Statutes.
 1718         (3) The Department of Law Enforcement shall search all
 1719  arrest fingerprints received pursuant to s. 943.051, Florida
 1720  Statutes, against the fingerprints retained in the statewide
 1721  automated fingerprint identification system. Any arrest record
 1722  that is identified with the retained fingerprints of a person
 1723  subject to the criminal history screening under the Resort Act
 1724  shall be reported to the commission. Each licensee shall pay a
 1725  fee to the commission for the cost of retention of the
 1726  fingerprints and the ongoing searches under this subsection. The
 1727  commission shall forward the payment to the Department of Law
 1728  Enforcement. The amount of the fee to be imposed for performing
 1729  these searches and the procedures for the retention of licensee
 1730  fingerprints shall be as established by rule of the Department
 1731  of Law Enforcement. The commission shall inform the Department
 1732  of Law Enforcement of any change in the license status of
 1733  licensees whose fingerprints are retained under subsection (2).
 1734         (4) The commission shall request the Department of Law
 1735  Enforcement to forward the fingerprints to the Federal Bureau of
 1736  Investigation for a national criminal history records check
 1737  every 3 years following issuance of a license. If the
 1738  fingerprints of a person who is licensed have not been retained
 1739  by the Department of Law Enforcement, the person must file
 1740  another set of fingerprints. The commission shall collect the
 1741  fees for the cost of the national criminal history record check
 1742  under this subsection and shall forward the payment to the
 1743  Department of Law Enforcement. The cost of processing
 1744  fingerprints and conducting a criminal history record check
 1745  under this paragraph shall be borne by the licensee or
 1746  applicant. The Department of Law Enforcement may submit an
 1747  invoice to the commission for the fingerprints submitted each
 1748  month. Under penalty of perjury, each person who is licensed or
 1749  who is fingerprinted as required by this section must agree to
 1750  inform the commission within 48 hours if he or she is convicted
 1751  of or has entered a plea of guilty or nolo contendere to any
 1752  disqualifying offense, regardless of adjudication.
 1753         Section 26. Compulsive or addictive gambling prevention
 1754  program.—
 1755         (1) A resort licensee shall offer training to employees on
 1756  responsible gaming and shall work with a compulsive or addictive
 1757  gambling prevention program to recognize problem gaming
 1758  situations and to implement responsible gaming programs and
 1759  practices.
 1760         (2) The commission shall, subject to competitive bidding,
 1761  contract for services relating to the prevention of compulsive
 1762  and addictive gambling. The contract shall provide for an
 1763  advertising program to encourage responsible gaming practices
 1764  and to publicize a gambling telephone help line. Such
 1765  advertisements must be made both publicly and inside the
 1766  resort’s limited gaming facility. The terms of any contract for
 1767  such services shall include accountability standards that must
 1768  be met by any private provider. The failure of any private
 1769  provider to meet any material terms of the contract, including
 1770  the accountability standards, constitutes a breach of contract
 1771  or is grounds for nonrenewal. The commission may consult with
 1772  the Department of the Lottery or the Department of Business and
 1773  Professional Regulation in the development of the program and
 1774  the development and analysis of any procurement for contractual
 1775  services for the compulsive or addictive gambling prevention
 1776  program.
 1777         (3) The compulsive or addictive gambling prevention program
 1778  shall be funded from an annual nonrefundable regulatory fee of
 1779  $250,000 paid by each resort licensee to the commission.
 1780         Section 27. Suppliers’ licenses.—
 1781         (1) A person must have a supplier’s license in order to
 1782  furnish on a regular or continuing basis to a resort licensee or
 1783  an applicant for a resort license gaming equipment, devices, or
 1784  supplies or other goods or services regarding the realty,
 1785  construction, maintenance, or business of a proposed or existing
 1786  resort facility. This requirement includes, but is not limited
 1787  to, junket enterprises, security businesses, manufacturers,
 1788  distributors, persons who service gaming devices or equipment,
 1789  garbage haulers, maintenance companies, food purveyors, and
 1790  construction companies.
 1791         (2) An applicant for a supplier’s license must apply to the
 1792  commission on forms adopted by the commission by rule. The
 1793  licensing fee for the initial and annual renewal of the license
 1794  is $5,000.
 1795         (3) An applicant for a supplier’s license must include in
 1796  the application the fingerprints of the persons identified by
 1797  commission rule for the processing of state and national
 1798  criminal history record checks.
 1799         (4)(a) An applicant for a supplier’s license is not
 1800  eligible for licensure if:
 1801         1. A person for whom fingerprinting is required under
 1802  subsection (3) has been convicted of a felony under the laws of
 1803  this or any other state or the United States;
 1804         2. The applicant knowingly submitted false information in
 1805  the application for a supplier’s license;
 1806         3. The applicant is a member of the commission;
 1807         4. The applicant is not a natural person and an officer,
 1808  director, or managerial employee of that person is a person
 1809  defined in subparagraphs 1.-3.;
 1810         5. The applicant is not a natural person and an employee of
 1811  the applicant participates in the management or operation of
 1812  limited gaming authorized under the Resort Act; or
 1813         6. The applicant has had a license to own or operate a
 1814  resort facility or pari-mutuel facility in this or a similar
 1815  license in any other jurisdiction revoked.
 1816         (b) The commission may revoke a supplier’s license at any
 1817  time it determines that the licensee no longer satisfies the
 1818  eligibility requirements in this subsection.
 1819         (5) The commission may deny an application for a supplier’s
 1820  license for any person:
 1821         (a) Who is not qualified to perform the duties required of
 1822  the applicant;
 1823         (b) Who fails to disclose information or knowingly submits
 1824  false information in the application;
 1825         (c) Who has violated the Resort Act or rules of the
 1826  commission; or
 1827         (d) Who has had a gaming-related license or application
 1828  suspended, restricted, revoked, or denied for misconduct in any
 1829  other jurisdiction.
 1830         (6) A supplier licensee shall:
 1831         (a) Furnish to the commission a list of all gaming
 1832  equipment, devices, and supplies it offers for sale or lease in
 1833  connection with limited gaming authorized in the Resort Act;
 1834         (b) Keep books and records documenting the furnishing of
 1835  gaming equipment, devices, and supplies to resort licensees
 1836  separate and distinct from any other business that the supplier
 1837  operates;
 1838         (c) File quarterly returns with the commission listing all
 1839  sales or leases of gaming equipment, devices, or supplies to
 1840  resort licensees;
 1841         (d) Permanently affix its name to all gaming equipment,
 1842  devices, or supplies sold or leased to licensees; and
 1843         (e) File an annual report listing its inventories of gaming
 1844  equipment, devices, and supplies.
 1845         (7) All gaming devices, equipment, or supplies furnished by
 1846  a licensed supplier must conform to standards adopted by
 1847  commission rule.
 1848         (8)(a) The commission may suspend, revoke, or restrict the
 1849  supplier’s license of a licensee:
 1850         1. Who violates the Resort Act or the rules of the
 1851  commission; or
 1852         2. Who defaults on the payment of any obligation or debt
 1853  due to this state or a county.
 1854         (b) The commission must revoke the supplier’s license of a
 1855  licensee for any cause that, if known to the commission, would
 1856  have disqualified the applicant from receiving a license.
 1857         (9) A supplier’s licensee may repair gaming equipment,
 1858  devices, or supplies in a facility owned or leased by the
 1859  licensee.
 1860         (10) Gaming devices, equipment, or supplies owned by a
 1861  supplier’s licensee which are used in an unauthorized gaming
 1862  operation shall be forfeited to the county where the equipment
 1863  is found.
 1864         (11) The commission may revoke the license or deny the
 1865  application for a supplier’s license of a person who fails to
 1866  comply with this section.
 1867         (12) A person who knowingly makes a false statement on an
 1868  application for a supplier’s license commits a misdemeanor of
 1869  the first degree, punishable as provided in s. 775.082 or s.
 1870  775.083, Florida Statutes.
 1871         Section 28. Occupational licenses.—
 1872         (1) The Legislature finds that, due to the nature of their
 1873  employment, some gaming employees require heightened state
 1874  scrutiny, including licensing and criminal history record
 1875  checks.
 1876         (2) Any person who desires to be a gaming employee and has
 1877  a bona fide offer of employment from a licensed gaming entity
 1878  shall apply to the commission for an occupational license. A
 1879  person may not be employed as a gaming employee unless that
 1880  person holds an appropriate occupational license issued under
 1881  this section. The commission may adopt rules to reclassify a
 1882  category of nongaming employees or gaming employees upon a
 1883  finding that the reclassification is in the public interest and
 1884  consistent with the objectives of the Resort Act.
 1885         (3) An applicant for an occupational license must apply to
 1886  the commission on forms adopted by the commission by rule. An
 1887  occupational license is valid for 1 year following issuance. The
 1888  application must be accompanied by the licensing fee set by the
 1889  commission. The licensing fee may not exceed $50 for an employee
 1890  of a resort licensee.
 1891         (a) The applicant shall set forth in the application
 1892  whether the applicant:
 1893         1. Has been issued a gaming-related license in any
 1894  jurisdiction.
 1895         2. Has been issued a gaming-related license in any other
 1896  jurisdiction under any other name and, if so, the name and the
 1897  applicant’s age at the time of licensure.
 1898         3. Has had a permit or license issued by another
 1899  jurisdiction suspended, restricted, or revoked and, if so, for
 1900  what period of time.
 1901         (b) An applicant for an occupational license must include
 1902  his or her fingerprints in the application.
 1903         (4) To be eligible for an occupational license, an
 1904  applicant must:
 1905         (a) Be at least 21 years of age to perform any function
 1906  directly relating to limited gaming by patrons;
 1907         (b) Be at least 18 years of age to perform nongaming
 1908  functions;
 1909         (c) Not have been convicted of a felony or a crime
 1910  involving dishonesty or moral turpitude in any jurisdiction; and
 1911         (d) Meet the standards for the occupational license as
 1912  provided in commission rules.
 1913         (5) The commission must deny an application for an
 1914  occupational license for any person:
 1915         (a) Who is not qualified to perform the duties required of
 1916  the applicant;
 1917         (b) Who fails to disclose or knowingly submits false
 1918  information in the application;
 1919         (c) Who has violated the Resort Act; or
 1920         (d) Who has had a gaming-related license or application
 1921  suspended, restricted, revoked, or denied in any other
 1922  jurisdiction.
 1923         (6)(a) The commission may suspend, revoke, or restrict the
 1924  occupational license of a licensee:
 1925         1. Who violates the Resort Act or the rules of the
 1926  commission;
 1927         2. Who defaults on the payment of any obligation or debt
 1928  due to this state or a county; or
 1929         3. For any just cause.
 1930         (b) The commission shall revoke the occupational license of
 1931  a licensee for any cause that, if known to the commission, would
 1932  have disqualified the applicant from receiving a license.
 1933         (7) Any training provided for an occupational licensee may
 1934  be conducted in the facility of a resort licensee or at a school
 1935  with which the resort licensee has entered into an agreement for
 1936  that purpose.
 1937         (8) A person who knowingly makes a false statement on an
 1938  application for an occupational license commits a misdemeanor of
 1939  the first degree, punishable as provided in s. 775.082 or s.
 1940  775.083, Florida Statutes.
 1941         Section 29. Temporary supplier’s license; temporary
 1942  occupational license.—
 1943         (1) Upon the written request of an applicant for a
 1944  supplier’s license or an occupational license, the executive
 1945  director shall issue a temporary license to the applicant and
 1946  permit the applicant to undertake employment with or provide
 1947  gaming equipment, devices, or supplies or other goods or
 1948  services to a resort licensee or an applicant for a resort
 1949  license if:
 1950         (a) The applicant has submitted a completed application, an
 1951  application fee, all required disclosure forms, and other
 1952  required written documentation and materials;
 1953         (b) A preliminary review of the application and the
 1954  criminal history record check does not reveal that the applicant
 1955  or a person subject to a criminal history record check has been
 1956  convicted of a crime that would require denial of the
 1957  application;
 1958         (c) A deficiency does not appear to exist in the
 1959  application which may require denial of the application; and
 1960         (d) The applicant has an offer of employment from, or an
 1961  agreement to begin providing gaming devices, equipment, or
 1962  supplies or other goods and services to, a resort licensee or an
 1963  applicant for a resort license, or the applicant for a temporary
 1964  license shows good cause for being granted a temporary license.
 1965         (2) A temporary occupational license or supplier’s license
 1966  may not be valid for more than 90 days.
 1967         (3) An applicant who receives a temporary license may
 1968  undertake employment with or supply a resort licensee with
 1969  gaming devices, equipment, or supplies or other goods or
 1970  services until a license is issued or denied or until the
 1971  temporary license expires or is suspended or revoked.
 1972         Section 30. Quarterly report.—The commission shall file
 1973  quarterly reports with the Governor, the President of the
 1974  Senate, and the Speaker of the House of Representatives covering
 1975  the previous fiscal quarter. The report must include:
 1976         (1) A statement of receipts and disbursements related to
 1977  limited gaming;
 1978         (2) A summary of disciplinary actions taken by the
 1979  commission; and
 1980         (3) Any additional information and recommendations that the
 1981  commission believes may improve the regulation of limited gaming
 1982  or increase the economic benefits of limited gaming to this
 1983  state.
 1984         Section 31. Hearings by the commission.—
 1985         (1) The chair of the commission may participate in any
 1986  proceeding pending before the commission when administrative
 1987  duties and time permit. In order to distribute the workload and
 1988  expedite the commission’s calendar, the chair, in addition to
 1989  other administrative duties, may assign the various proceedings
 1990  pending before the commission requiring hearings to two or more
 1991  commissioners. Only those commissioners assigned to a proceeding
 1992  requiring hearings may participate in the final decision of the
 1993  commission as to that proceeding. However, if only two
 1994  commissioners are assigned to a proceeding requiring a hearing
 1995  and they cannot agree on a final decision, the chair shall cast
 1996  the deciding vote for final disposition of the proceeding. If
 1997  more than two commissioners are assigned to any proceeding, a
 1998  majority of the members assigned shall constitute a quorum and a
 1999  majority vote of the members assigned shall be essential to
 2000  final commission disposition of those proceedings. If a
 2001  commissioner becomes unavailable after assignment to a
 2002  particular proceeding, the chair must assign a substitute
 2003  commissioner. A petition for reconsideration must be voted upon
 2004  by those commissioners participating in the final disposition of
 2005  the proceeding.
 2006         (2) A majority of the commissioners may determine that the
 2007  full commission will sit in any proceeding. Any party to a
 2008  proceeding may file a petition requesting that the proceeding be
 2009  assigned to the full commission. Within 15 days after receipt by
 2010  the commission of any petition, the full commission must dispose
 2011  of such petition by majority vote and render a written decision
 2012  before the matter may be heard by less than the full commission.
 2013         (3) This section does not prohibit a commissioner
 2014  designated by the chair from conducting a hearing as provided
 2015  under ss. 120.569 and 120.57(1), Florida Statutes, and the rules
 2016  of the commission.
 2017         Section 32. Resolution of disputes between licensees and
 2018  patrons.—
 2019         (1) Whenever a resort licensee has a dispute with a patron
 2020  which is not resolved to the satisfaction of the patron and
 2021  involves:
 2022         (a) Alleged winnings, alleged losses, or the award or
 2023  distribution of cash, prizes, benefits, tickets, or any other
 2024  item or items in a game, tournament, contest, drawing,
 2025  promotion, race, or similar activity or event; or
 2026         (b) The manner in which a game, tournament, contest,
 2027  drawing, promotion, race, or similar activity or event was
 2028  conducted,
 2029  
 2030  the licensee must immediately notify the commission of the
 2031  dispute if the amount disputed is $500 or more. If the dispute
 2032  involves an amount less than $500, the licensee must immediately
 2033  notify the patron of his or her right to file a complaint with
 2034  the commission.
 2035         (2) Upon notice of a dispute or receipt of a complaint, the
 2036  commission shall conduct any investigation it deems necessary
 2037  and may order the licensee to make a payment to the patron upon
 2038  a finding that the licensee is liable for the disputed amount.
 2039  The decision of the commission is effective on the date the
 2040  aggrieved party receives notice of the decision. Notice of the
 2041  decision is deemed sufficient if it is mailed to the last known
 2042  address of the licensee and the patron. The notice is deemed to
 2043  have been received by the resort licensee or the patron 5 days
 2044  after it is deposited with the United States Postal Service with
 2045  postage prepaid.
 2046         (3) The failure of a resort licensee to notify the
 2047  commission of the dispute or the patron of the right to file a
 2048  complaint is grounds for disciplinary action.
 2049         Section 33. Enforcement of credit instruments.—
 2050         (1) A credit instrument and the debt that instrument
 2051  represents are valid and may be enforced by legal process.
 2052         (2) A resort licensee may accept an incomplete credit
 2053  instrument that:
 2054         (a) Is signed by the patron; and
 2055         (b) States the amount of the debt in numbers, and may
 2056  complete the instrument as is necessary for the instrument to be
 2057  presented for payment.
 2058         (3) A resort licensee may accept a credit instrument that
 2059  is payable to an affiliate or may complete a credit instrument
 2060  payable to an affiliate if the credit instrument otherwise
 2061  complies with this section and the records of the affiliate
 2062  pertaining to the credit instrument are made available to the
 2063  commission upon request.
 2064         (4) A resort licensee may accept a credit instrument
 2065  before, during, or after the patron incurs the debt. The credit
 2066  instrument and the debt that the instrument represents are
 2067  enforceable without regard to whether the credit instrument was
 2068  accepted before, during, or after the incurring of the debt.
 2069         (5) This section does not prohibit the establishment of an
 2070  account by a deposit of cash, recognized traveler’s check, or
 2071  any other instrument that is equivalent to cash.
 2072         (6) If a credit instrument is lost or destroyed, the debt
 2073  represented by the credit instrument may be enforced if the
 2074  resort licensee or person acting on behalf of the licensee can
 2075  prove the existence of the credit instrument.
 2076         (7) The existence of a mental disorder in a patron who
 2077  provides a credit instrument to a resort licensee:
 2078         (a) Is not a defense in any action by a resort licensee to
 2079  enforce a credit instrument or the debt that the credit
 2080  instrument represents.
 2081         (b) Is not a valid counterclaim in an action to enforce the
 2082  credit instrument or the debt that the credit instrument
 2083  represents.
 2084         (8) The failure of a resort licensee to comply with the
 2085  provisions of this section or commission rules does not
 2086  invalidate a credit instrument or affect its ability to enforce
 2087  the credit instrument or the debt that the credit instrument
 2088  represents.
 2089         (9) The commission may adopt rules prescribing the
 2090  conditions under which a credit instrument may be redeemed or
 2091  presented to a bank or credit union for collection or payment.
 2092         Section 34. Voluntary self-exclusion from a limited gaming
 2093  facility.—
 2094         (1) A person may request that he or she be excluded from
 2095  limited gaming facilities in this state by personally submitting
 2096  a Request for Voluntary Self-exclusion from Limited Gaming
 2097  Facilities Form to the commission. The form must require the
 2098  person requesting exclusion to:
 2099         (a) State his or her:
 2100         1. Name, including any aliases or nicknames;
 2101         2. Date of birth;
 2102         3. Current residential address;
 2103         4. Telephone number;
 2104         5. Social security number; and
 2105         6. Physical description, including height, weight, gender,
 2106  hair color, eye color, and any other physical characteristic
 2107  that may assist in the identification of the person.
 2108  
 2109  A self-excluded person must update the information in this
 2110  paragraph on forms supplied by the commission within 30 days
 2111  after any change.
 2112         (b) Select one of the following as the duration of the
 2113  self-exclusion:
 2114         1. One year.
 2115         2. Five years.
 2116         3. Lifetime.
 2117         (c) Execute a release in which the person:
 2118         1. Acknowledges that the request for exclusion has been
 2119  made voluntarily.
 2120         2. Certifies that the information provided in the request
 2121  for self-exclusion is true and correct.
 2122         3. Acknowledges that the individual requesting self
 2123  exclusion is a problem gambler.
 2124         4. Acknowledges that a person requesting a lifetime
 2125  exclusion will not be removed from the self-exclusion list and
 2126  that a person requesting a 1-year or 5-year exclusion will
 2127  remain on the self-exclusion list until a request for removal is
 2128  approved by the commission.
 2129         5. Acknowledges that, if the individual is discovered on
 2130  the gaming floor of a limited gaming facility, the individual
 2131  may be removed and may be arrested and prosecuted for criminal
 2132  trespass.
 2133         6. Releases, indemnifies, holds harmless, and forever
 2134  discharges the state, commission, and all licensees from any
 2135  claims, damages, losses, expenses, or liability arising out of,
 2136  by reason of, or relating to the self-excluded person or to any
 2137  other party for any harm, monetary or otherwise, which may arise
 2138  as a result of one or more of the following:
 2139         a. The failure of a resort licensee to withhold gaming
 2140  privileges or restore gaming privileges to a self-excluded
 2141  person.
 2142         b. Permitting or prohibiting a self-excluded person from
 2143  engaging in gaming activity in a limited gaming facility.
 2144         (2) A person submitting a self-exclusion request must
 2145  present to the commission a government-issued form of
 2146  identification containing the person’s signature.
 2147         (3) The commission shall take a photograph of a person
 2148  requesting self-exclusion at the time the person submits a
 2149  request for self-exclusion.
 2150         Section 35. Section 849.15, Florida Statutes, is amended to
 2151  read:
 2152         849.15 Manufacture, sale, possession, etc., of coin
 2153  operated devices prohibited.—
 2154         (1) It is unlawful:
 2155         (a) To manufacture, own, store, keep, possess, sell, rent,
 2156  lease, let on shares, lend or give away, transport, or expose
 2157  for sale or lease, or to offer to sell, rent, lease, let on
 2158  shares, lend or give away, or permit the operation of, or for
 2159  any person to permit to be placed, maintained, or used or kept
 2160  in any room, space, or building owned, leased or occupied by the
 2161  person or under the person’s management or control, any slot
 2162  machine or device or any part thereof; or
 2163         (b) To make or to permit to be made with any person any
 2164  agreement with reference to any slot machine or device, pursuant
 2165  to which the user thereof, as a result of any element of chance
 2166  or other outcome unpredictable to him or her, may become
 2167  entitled to receive any money, credit, allowance, or thing of
 2168  value or additional chance or right to use such machine or
 2169  device, or to receive any check, slug, token or memorandum
 2170  entitling the holder to receive any money, credit, allowance or
 2171  thing of value.
 2172         (2) Pursuant to section 2 of that chapter of the Congress
 2173  of the United States entitled “An act to prohibit transportation
 2174  of gaming devices in interstate and foreign commerce,” approved
 2175  January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
 2176  designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
 2177  acting by and through the duly elected and qualified members of
 2178  its Legislature, does hereby in this section, and in accordance
 2179  with and in compliance with the provisions of section 2 of such
 2180  chapter of Congress, declare and proclaim that any county of the
 2181  State of Florida within which slot machine gaming is authorized
 2182  pursuant to the Destination Resort Act, sections 3 through 35 of
 2183  this act or chapter 551 is exempt from the provisions of section
 2184  2 of that chapter of the Congress of the United States entitled
 2185  “An act to prohibit transportation of gaming devices in
 2186  interstate and foreign commerce,” designated as 15 U.S.C. ss.
 2187  1171-1177, approved January 2, 1951. All shipments of gaming
 2188  devices, including slot machines, into any county of this state
 2189  within which slot machine gaming is authorized pursuant to the
 2190  Destination Resort Act, sections 3 through 35 of this act or
 2191  chapter 551 and the registering, recording, and labeling of
 2192  which have been duly performed by the manufacturer or
 2193  distributor thereof in accordance with sections 3 and 4 of that
 2194  chapter of the Congress of the United States entitled “An act to
 2195  prohibit transportation of gaming devices in interstate and
 2196  foreign commerce,” approved January 2, 1951, being ch. 1194, 64
 2197  Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
 2198  shall be deemed legal shipments thereof into this state provided
 2199  the destination of such shipments is an eligible facility as
 2200  defined in s. 551.102, or the facility of a slot machine
 2201  manufacturer or slot machine distributor as provided in s.
 2202  551.109(2)(a), or the facility of a resort licensee or supplier
 2203  licensee under the Destination Resort Act, sections 3 through 35
 2204  of this act.
 2205         Section 36. Section 849.231, Florida Statutes, is amended
 2206  to read:
 2207         849.231 Gambling devices; manufacture, sale, purchase or
 2208  possession unlawful.—
 2209         (1) Except in instances when the following described
 2210  implements or apparatus are being held or transported by
 2211  authorized persons for the purpose of destruction, as
 2212  hereinafter provided, and except in instances when the following
 2213  described instruments or apparatus are being held, sold,
 2214  transported, or manufactured by persons who have registered with
 2215  the United States Government pursuant to the provisions of Title
 2216  15 of the United States Code, ss. 1171 et seq., as amended, so
 2217  long as the described implements or apparatus are not displayed
 2218  to the general public, sold for use in Florida, or held or
 2219  manufactured in contravention of the requirements of 15 U.S.C.
 2220  ss. 1171 et seq., it shall be unlawful for any person to
 2221  manufacture, sell, transport, offer for sale, purchase, own, or
 2222  have in his or her possession any roulette wheel or table, faro
 2223  layout, crap table or layout, chemin de fer table or layout,
 2224  chuck-a-luck wheel, bird cage such as used for gambling, bolita
 2225  balls, chips with house markings, or any other device,
 2226  implement, apparatus, or paraphernalia ordinarily or commonly
 2227  used or designed to be used in the operation of gambling houses
 2228  or establishments, excepting ordinary dice and playing cards.
 2229         (2) In addition to any other penalties provided for the
 2230  violation of this section, any occupational license held by a
 2231  person found guilty of violating this section shall be suspended
 2232  for a period not to exceed 5 years.
 2233         (3) This section and s. 849.05 do not apply to a vessel of
 2234  foreign registry or a vessel operated under the authority of a
 2235  country except the United States, while docked in this state or
 2236  transiting in the territorial waters of this state.
 2237         (4) This section does not apply to limited gaming as
 2238  authorized by the Destination Resort Act, sections 3 through 35
 2239  of this act.
 2240         Section 37. Section 849.25, Florida Statutes, is amended to
 2241  read:
 2242         849.25 “Bookmaking” defined; penalties; exceptions.—
 2243         (1)(a) The term “bookmaking” means the act of taking or
 2244  receiving, while engaged in the business or profession of
 2245  gambling, any bet or wager upon the result of any trial or
 2246  contest of skill, speed, power, or endurance of human, beast,
 2247  fowl, motor vehicle, or mechanical apparatus or upon the result
 2248  of any chance, casualty, unknown, or contingent event
 2249  whatsoever.
 2250         (b) The following factors shall be considered in making a
 2251  determination that a person has engaged in the offense of
 2252  bookmaking:
 2253         1. Taking advantage of betting odds created to produce a
 2254  profit for the bookmaker or charging a percentage on accepted
 2255  wagers.
 2256         2. Placing all or part of accepted wagers with other
 2257  bookmakers to reduce the chance of financial loss.
 2258         3. Taking or receiving more than five wagers in any single
 2259  day.
 2260         4. Taking or receiving wagers totaling more than $500 in
 2261  any single day, or more than $1,500 in any single week.
 2262         5. Engaging in a common scheme with two or more persons to
 2263  take or receive wagers.
 2264         6. Taking or receiving wagers on both sides on a contest at
 2265  the identical point spread.
 2266         7. Any other factor relevant to establishing that the
 2267  operating procedures of such person are commercial in nature.
 2268         (c) The existence of any two factors listed in paragraph
 2269  (b) may constitute prima facie evidence of a commercial
 2270  bookmaking operation.
 2271         (2) Any person who engages in bookmaking commits shall be
 2272  guilty of a felony of the third degree, punishable as provided
 2273  in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the
 2274  provisions of s. 948.01, any person convicted under the
 2275  provisions of this subsection shall not have adjudication of
 2276  guilt suspended, deferred, or withheld.
 2277         (3) Any person who has been convicted of bookmaking and
 2278  thereafter violates the provisions of this section commits shall
 2279  be guilty of a felony of the second degree, punishable as
 2280  provided in s. 775.082, s. 775.083, or s. 775.084.
 2281  Notwithstanding the provisions of s. 948.01, any person
 2282  convicted under the provisions of this subsection shall not have
 2283  adjudication of guilt suspended, deferred, or withheld.
 2284         (4) Notwithstanding the provisions of s. 777.04, any person
 2285  who is guilty of conspiracy to commit bookmaking is shall be
 2286  subject to the penalties imposed by subsections (2) and (3).
 2287         (5) This section does shall not apply to pari-mutuel
 2288  wagering in Florida as authorized under chapter 550.
 2289         (6) This section does shall not apply to any prosecutions
 2290  filed and pending at the time of the passage hereof, but all
 2291  such cases shall be disposed of under existing laws at the time
 2292  of the institution of such prosecutions.
 2293         (7) This section does not apply to limited gaming as
 2294  authorized in the Destination Resort Act, sections 3 through 35
 2295  of this act.
 2296         Section 38. This act shall take effect July 1, 2011.