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,
orthe 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 be2272 guilty ofa 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 shall2279 be guilty ofa 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 be2286 subject to the penalties imposed by subsections (2) and (3). 2287 (5) This section does shallnot apply to pari-mutuel 2288 wagering in Florida as authorized under chapter 550. 2289 (6) This section does shallnot 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.