Florida Senate - 2011 CS for SB 2050 By the Committee on Commerce and Tourism; and Senator Braynon 577-03878A-11 20112050c1 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 licensee 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; requiring a referendum in the county where a 94 destination resort is to be located as a prerequisite 95 to the conduct of limited gaming activities; 96 preempting the regulation of limited gaming at a 97 destination resort to the state; requiring the 98 commission to develop an invitation to negotiate 99 process to award a resort license; specifying the 100 minimum criteria that an applicant must meet to be 101 awarded a destination resort license; specifying 102 events that disqualify an applicant from eligibility 103 for a resort license; specifying the information that 104 must be on or included with an application for a 105 resort license; specifying the amount of a 106 nonrefundable application fee for a resort license to 107 be used to defray the costs of an investigation of the 108 applicant; authorizing the imposition of additional 109 fees if the amount of the application fee is 110 insufficient to cover the costs of the investigation; 111 requiring the payment of a one-time licensing fee to 112 be submitted along with an application for a resort 113 license; requiring the executive director to notify an 114 applicant for a resort license if the application is 115 incomplete; authorizing the applicant to have an 116 informal conference with the executive director to 117 discuss an incomplete application; authorizing the 118 executive director to grant an extension to complete 119 an application; providing for the stay of the award of 120 a resort license during an extension or the appeal to 121 the commission of a finding by the executive director 122 that an application is incomplete; exempting an 123 institutional investor that is a qualifier for a 124 resort licensee from certain application requirements 125 under certain circumstances; requiring notice to the 126 commission of any changes that may require a person to 127 comply with the full application requirements; 128 exempting lending institutions and underwriters from 129 licensing requirements as a qualifier under certain 130 circumstances; specifying conditions for a resort 131 licensee to maintain licensure; requiring that the 132 licensee post a bond; specifying conditions for the 133 conduct of limited gaming by a resort licensee; 134 requiring the commission to renew the license of a 135 resort licensee if the licensee satisfies specified 136 conditions; specifying an annual fee for the renewal 137 of a resort license; imposing a tiered gross receipts 138 tax based on the amount of a resort licensee’s 139 infrastructure costs; providing for the deposit of the 140 tax into the Destination Resort Trust Fund; providing 141 for certain unappropriated funds in the Destination 142 Resort Trust Fund to be deposited into the General 143 Revenue Fund, the Tourism Promotional Trust Fund, the 144 Employment Security Administration Trust Fund, the 145 Transportation Disadvantaged Trust Fund, thoroughbred 146 permitholders, the Florida Thoroughbred Breeders and 147 Owners Association, and the permitholders licensed to 148 conduct live greyhound races, harness races, or jai 149 alai licensees; providing for the proceeds of the 150 gross receipts tax to fund the operations of the 151 commission; providing procedures for the submission 152 and processing of fingerprints of certain persons 153 regulated by the commission; providing that the cost 154 of processing the fingerprints shall be borne by a 155 licensee or applicant; requiring a person to report to 156 the commission certain pleas and convictions for 157 disqualifying offenses; requiring a resort licensee to 158 train its employees about compulsive gambling; 159 requiring a resort licensee to work with a compulsive 160 gambling prevention program; requiring the commission 161 to contract for services relating to the prevention of 162 compulsive gambling; providing for the commission’s 163 compulsive gambling prevention program to be funded 164 from a regulatory fee imposed on resort licensees; 165 requiring a person to have a supplier’s license to 166 furnish certain goods and services to a resort 167 licensee; specifying the amount of the application fee 168 for a supplier’s license; specifying persons who are 169 disqualified from receiving a supplier’s license; 170 specifying circumstances under which the commission 171 may revoke a supplier’s license; authorizing the 172 commission to adopt rules relating to the licensing of 173 suppliers; requiring a supplier licensee to furnish a 174 list of gaming devices and equipment to the 175 commission, maintain records, file quarterly returns, 176 and affix its name to the gaming equipment and 177 supplies that it offers; requiring that the supplier 178 licensee annually report its inventory to the 179 commission; authorizing the commission to revoke a 180 supplier’s license under certain circumstances; 181 providing that the equipment of a supplier’s licensee 182 which is used in unauthorized gaming will be forfeited 183 to the county where the equipment is found; imposing a 184 criminal penalty on a person who knowingly makes a 185 false statement on an application for a supplier’s 186 license; requiring a person to have an occupational 187 license to serve as a limited gaming employee of a 188 resort licensee; requiring a person to apply to the 189 commission for an occupational license and pay an 190 application fee; specifying information that an 191 applicant must include in an application for an 192 occupational license; specifying grounds for the 193 commission to deny an application for an occupational 194 license; imposing a criminal penalty on a person who 195 knowingly makes a false statement on an application 196 for an occupational license; authorizing the executive 197 director of the commission to issue a temporary 198 occupational or temporary supplier’s license under 199 certain circumstances; requiring the commission to 200 file quarterly reports with the Governor, the 201 President of the Senate, and the Speaker of the House 202 of Representatives; specifying procedures for the 203 conduct of proceedings by the commission; authorizing 204 the chair of the commission to assign a proceeding to 205 less than the full commission; providing procedures 206 for the resolution of certain disputes between a 207 resort licensee and a patron; requiring a resort 208 licensee to notify the commission of certain disputes 209 with a patron involving amounts of $500 or more; 210 requiring a resort licensee to notify a patron of the 211 right to file a complaint with the commission 212 regarding certain disputes of an amount less than 213 $500; authorizing the commission to investigate 214 disputes and to order a resort licensee to make a 215 payment to a patron; providing for the enforcement of 216 credit instruments; authorizing a resort licensee to 217 accept an incomplete credit instrument and to complete 218 incomplete credit instruments under certain 219 circumstances; providing that existence of a mental 220 disorder is not a defense or a valid counterclaim in 221 an action to enforce a credit instrument; authorizing 222 the commission to adopt rules prescribing the 223 conditions under which a credit instrument may be 224 presented to a bank; providing that a resort licensee 225 has the right to exclude a person from its limited 226 gaming facility; authorizing a person to request that 227 the commission exclude her or him from limited gaming 228 facilities; specifying the required contents of the 229 request; providing that a self-excluded person who is 230 found on a gaming floor may be arrested and prosecuted 231 for criminal trespass; providing that a self-excluded 232 person holds harmless the commission and licensees 233 from claims for losses and damages under certain 234 circumstances; allowing pari-mutuel facilities to 235 conduct all games under certain conditions when a 236 resort license to conduct limited gaming activities is 237 authorized in Miami-Dade County or Broward County; 238 amending s. 849.15, F.S.; authorizing slot machine 239 gaming in a resort licensee and the transportation of 240 slot machines pursuant to federal law; amending s. 241 849.231, F.S.; providing that a prohibition on 242 gambling devices does not apply to slot machine 243 licenses authorized under state law or limited gaming 244 as authorized in the act; amending s. 849.25, F.S.; 245 providing that a prohibition on gaming does not apply 246 to limited gaming as authorized in the act; 247 transferring all powers, duties, functions, records, 248 personnel, property, and unexpended balances of 249 appropriations, allocations, or other funds for the 250 administration of ch. 551, F.S., intact by a type two 251 transfer from the Division of Pari-mutuel Wagering of 252 the Department of Business and Professional Regulation 253 to the Destination Resort Commission; providing for 254 severability; providing an effective date. 255 256 Be It Enacted by the Legislature of the State of Florida: 257 258 Section 1. Subsection (7) is added to section 20.21, 259 Florida Statutes, to read: 260 20.21 Department of Revenue.—There is created a Department 261 of Revenue. 262 (7) The Destination Resort Commission is created within the 263 Department of Revenue. 264 Section 2. Subsection (17) is added to section 120.80, 265 Florida Statutes, to read: 266 120.80 Exceptions and special requirements; agencies.— 267 (17) THE DESTINATION RESORT COMMISSION.— 268 (a) The Destination Resort Commission is exempt from the 269 hearing and notice requirements of ss. 120.569 and 120.57(1)(a) 270 in proceedings for the issuance, denial, renewal, or amendment 271 of a destination resort license. 272 (b) Section 120.60 does not apply to applications for a 273 destination resort license. 274 (c) Notwithstanding the provisions of s. 120.542, the 275 Destination Resort Commission may not accept a petition for 276 waiver or variance and may not grant any waiver or variance from 277 the requirements of the Destination Resort Act, sections 3 278 through 36 of this act. 279 Section 3. This section and sections 4 through 36 of this 280 act may be cited as the “Destination Resort Act” or the “Resort 281 Act.” 282 Section 4. Definitions.—As used in the Resort Act, the 283 term: 284 (1) “Affiliate” means a person who, directly or indirectly, 285 through one or more intermediaries: 286 (a) Controls, is controlled by, or is under common control 287 of; 288 (b) Is in a partnership or joint venture relationship with; 289 or 290 (c) Is a shareholder of a corporation, a member of a 291 limited liability company, or a partner in a limited liability 292 partnership with, 293 294 an applicant for a resort license or a resort licensee. 295 (2) “Ancillary areas” includes the following areas within a 296 limited gaming facility, unless the context otherwise requires: 297 (a) Major aisles, the maximum area of which may not exceed 298 the limit within any part of the limited gaming facility as 299 specified by the commission. 300 (b) Back-of-house facilities. 301 (c) Any reception or information counter. 302 (d) Any area designated for the serving or consumption of 303 food and beverages. 304 (e) Any retail outlet. 305 (f) Any area designated for performances. 306 (g) Any area designated for aesthetic or decorative 307 displays. 308 (h) Staircases, staircase landings, escalators, lifts, and 309 lift lobbies. 310 (i) Bathrooms. 311 (j) Any other area that is not intended to be used for the 312 conduct or playing of games or as a gaming pit as defined by 313 rules of the commission or specified in the application for the 314 destination resort license. 315 (3) “Applicant,” as the context requires, means a person 316 who applies for a resort license, supplier’s license, or 317 occupational license. A county, municipality, or other unit of 318 government is prohibited from applying for a resort license. 319 (4) “Chair” means the chair of the Destination Resort 320 Commission. 321 (5) “Commission” means the Destination Resort Commission. 322 (6) “Conflict of interest” means a situation in which the 323 private interest of a member, employee, or agent of the 324 commission may influence his or her judgment in the performance 325 of his or her public duty under the Resort Act. A conflict of 326 interest includes, but is not limited to: 327 (a) Any conduct that would lead a reasonable person having 328 knowledge of all of the circumstances to conclude that the 329 member, employee, or agent of the commission is biased against 330 or in favor of an applicant. 331 (b) The acceptance of any form of compensation from a 332 source other than the commission for any services rendered as 333 part of the official duties of the member, employee, or agent of 334 the commission. 335 (c) Participation in any business transaction with or 336 before the commission in which the member, employee, or agent of 337 the commission, or the parent, spouse, or child of a member, 338 employee, or agent, has a financial interest. 339 (7) “Department” means the Department of Revenue. 340 (8) “Destination resort” or “resort” means a freestanding, 341 land-based structure in which limited gaming may be conducted. A 342 destination resort is a mixed-use development consisting of a 343 combination of various tourism amenities and facilities, 344 including, but not limited to, hotels, villas, restaurants, 345 limited gaming facilities, convention facilities, attractions, 346 entertainment facilities, service centers, and shopping centers. 347 (9) “Destination resort license” or “resort license” means 348 a license to operate and maintain a destination resort having a 349 limited gaming facility. 350 (10) “District” means any of the following five districts 351 of the state: 352 (a) District One: Escambia, Santa Rosa, Okaloosa, Walton, 353 Holmes, Jackson, Washington, Bay, Calhoun, Gulf, Franklin, 354 Liberty, Gadsden, Leon, Wakulla, Jefferson, Madison, Hamilton, 355 Taylor, Lafayette, Suwannee, Columbia, Baker, Union, Bradford, 356 Alachua, Gilchrist, Dixie, and Levy Counties. 357 (b) District Two: Nassau, Duval, Clay, Putnam, St. Johns, 358 Flagler, Marion, Volusia, and Hernando Counties. 359 (c) District Three: Citrus, Sumter, Pasco, Pinellas, 360 Hillsborough, Manatee, Hardee, DeSoto, Sarasota, Charlotte, Lee, 361 Collier, Monroe, Highlands, Okeechobee, Glades, and Hendry 362 Counties. 363 (d) District Four: Brevard, Indian River, St. Lucie, 364 Martin, and Palm Beach Counties. 365 (e) District Five: Broward and Miami-Dade Counties. 366 (11) “Executive director” means the executive director of 367 the commission. 368 (12) “Financial interest” or “financially interested” means 369 any interest in investments or awarding of contracts, grants, 370 loans, purchases, leases, sales, or similar matters under 371 consideration or consummated by the commission, or ownership in 372 an applicant or a licensee. A member, employee, or agent of the 373 commission is deemed to have a financial interest in a matter 374 if: 375 (a) The individual owns any interest in any class of 376 outstanding securities that are issued by a party to the matter 377 under consideration by the commission, except indirect interests 378 such as a mutual fund; or 379 (b) The individual is employed by or is an independent 380 contractor for a party to a matter under consideration by the 381 commission. 382 (13) “Gaming pit” means an area commonly known as a gaming 383 pit or any similar area from which limited gaming employees 384 administer and supervise the games. 385 (14) “Gross receipts” means the total of cash or cash 386 equivalents received or retained as winnings by a resort 387 licensee and the compensation received for conducting any game 388 in which the resort licensee is not party to a wager, less cash 389 taken in fraudulent acts perpetrated against the resort licensee 390 for which the resort licensee is not reimbursed. The term does 391 not include: 392 (a) Counterfeit money or tokens; 393 (b) Coins of other countries which are received in gaming 394 devices and which cannot be converted into United States 395 currency; 396 (c) Promotional credits or “free play” as provided by the 397 resort licensee as a means of marketing the limited gaming 398 facility; or 399 (d) The amount of any credit extended until collected. 400 (15) “Individual” means a natural person. 401 (16) “Institutional investor” means, but is not limited to: 402 (a) A retirement fund administered by a public agency for 403 the exclusive benefit of federal, state, or county public 404 employees. 405 (b) An employee benefit plan or pension fund that is 406 subject to the Employee Retirement Income Security Act of 1974 407 (ERISA). 408 (c) An investment company registered under the Investment 409 Company Act of 1940. 410 (d) A collective investment trust organized by a bank under 411 12 C.F.R. part 9, s. 9.18. 412 (e) A closed-end investment trust. 413 (f) A life insurance company or property and casualty 414 insurance company. 415 (g) A financial institution. 416 (h) An investment advisor registered under the Investment 417 Advisers Act of 1940. 418 (17) “Junket enterprise” means any person who, for 419 compensation, employs or otherwise engages in the procurement or 420 referral of persons for a junket to a destination resort 421 licensed under the Resort Act regardless of whether those 422 activities occur within this state. The term does not include a 423 resort licensee or applicant for a resort license or a person 424 holding an occupational license. 425 (18) “License,” as the context requires, means a resort 426 license, supplier’s license, or an occupational license. 427 (19) “Licensee,” as the context requires, means a person 428 who is licensed as resort licensee, supplier licensee, or 429 occupational licensee. 430 (20) “Limited gaming,” “game,” or “gaming,” as the context 431 requires, means the games authorized pursuant to the Resort Act 432 in a limited gaming facility, including, but not limited to, 433 those commonly known as baccarat, twenty-one, poker, craps, slot 434 machines, video gaming of chance, roulette wheels, Klondike 435 tables, punch-board, faro layout, numbers ticket, push car, jar 436 ticket, pull tab, or their common variants, or any other game of 437 chance or wagering device that is authorized by the commission. 438 (21) “Limited gaming employee” means any employee of a 439 resort licensee, including, but not limited to: 440 (a) Cashiers. 441 (b) Change personnel. 442 (c) Count room personnel. 443 (d) Slot machine attendants. 444 (e) Hosts or other individuals authorized to extend 445 complimentary services, including employees performing functions 446 similar to those performed by a representative for a junket 447 enterprise. 448 (f) Machine mechanics, computer machine technicians, or 449 table game device technicians. 450 (g) Security personnel. 451 (h) Surveillance personnel. 452 (i) Promotional play supervisors, credit supervisors, pit 453 supervisors, cashier supervisors, shift supervisors, table game 454 managers, assistant managers, and other supervisors and 455 managers. 456 (j) Boxmen. 457 (k) Dealers or croupiers. 458 (l) Floormen. 459 (m) Personnel authorized to issue promotional credits. 460 (n) Personnel authorized to issue credit. 461 462 The term includes an employee of a person holding a supplier’s 463 license whose duties are directly involved with the repair or 464 distribution of slot machines or table game devices or 465 associated equipment sold or provided to a resort licensee. The 466 term does not include bartenders, cocktail servers, or other 467 persons solely engaged in preparing or serving food or 468 beverages, clerical or secretarial personnel, parking 469 attendants, janitorial staff, stage hands, sound and light 470 technicians, and other nongaming personnel as determined by the 471 commission. The term includes a person employed by a person or 472 entity other than a resort licensee who performs the functions 473 of a limited gaming employee. 474 (22) “Limited gaming facility” means the limited gaming 475 floor and any ancillary areas. 476 (23) “Limited gaming floor” means the approved gaming area 477 of a resort. Ancillary areas in or directly adjacent to the 478 gaming area are not part of the limited gaming floor for 479 purposes of calculating the size of the limited gaming floor. 480 (24) “Managerial employee” has the same meaning as in s. 481 447.203(4), Florida Statutes. 482 (25) “Occupational licensee” means a person who is licensed 483 to be a limited gaming employee. 484 (26) “Qualifier” means an affiliate, affiliated company, 485 officer, director, or managerial employee of an applicant for a 486 resort license, or a person who holds a direct or indirect 487 equity interest in the applicant. The term may include an 488 institutional investor. As used in this subsection, the terms 489 “affiliate,” “affiliated company,” and “a person who holds a 490 direct or indirect equity interest in the applicant” do not 491 include a partnership, a joint venture relationship, a 492 shareholder of a corporation, a member of a limited liability 493 company, or a partner in a limited liability partnership that 494 has a direct or indirect equity interest in the applicant for a 495 resort license of 5 percent or less and is not involved in the 496 gaming operations as defined by the rules of the commission. 497 (27) “Supplier licensee” or “supplier” means a person who 498 is licensed to furnish gaming equipment, devices, or supplies or 499 other goods or services to a resort licensee. 500 (28) “Wagerer” means a person who plays a game authorized 501 under the Resort Act. 502 Section 5. Destination Resort Commission; creation and 503 membership.— 504 (1) CREATION.—There is created the Destination Resort 505 Commission assigned to the Department of Revenue for 506 administrative purposes only. The commission is a separate 507 budget entity not subject to control, supervision, or direction 508 by the Department of Revenue in any manner, including, but not 509 limited to, personnel, purchasing, transactions involving real 510 or personal property, and budgetary matters. The commission 511 shall be composed of seven members who are residents of the 512 state and who have experience in corporate finance, tourism, 513 convention and resort management, gaming, investigation or law 514 enforcement, business law, or related legal experience. The 515 members of the commission shall serve as the agency head of the 516 Destination Resort Commission. The commission is exempt from the 517 provisions of s. 20.052, Florida Statutes. 518 (2) MEMBERS.—The members shall be appointed by the Governor 519 and confirmed by the Senate in the legislative session following 520 appointment. Each member shall be appointed to a 4-year term. 521 However, for the purpose of providing staggered terms, of the 522 initial appointments, four members shall be appointed to 4-year 523 terms and three members shall be appointed to 2-year terms. 524 Terms expire on June 30. Upon the expiration of the term of a 525 commissioner, the Governor shall appoint a successor to serve 526 for a 4-year term. A commissioner whose term has expired shall 527 continue to serve on the commission until such time as a 528 replacement is appointed. If a vacancy on the commission occurs 529 before the expiration of the term, it shall be filled for the 530 unexpired portion of the term in the same manner as the original 531 appointment. 532 (a)1. One member of the commission must be a certified 533 public accountant licensed in this state who possesses at least 534 5 years of experience in general accounting. The member must 535 also possess a comprehensive knowledge of the principles and 536 practices of corporate finance or auditing, general finance, 537 gaming, or economics. 538 2. One member of the commission must have experience in the 539 fields of investigation or law enforcement. 540 3. Each district must be represented by at least one member 541 of the commission who must reside in that district. 542 4. When making appointments to the commission, the Governor 543 shall announce the district and classification by experience of 544 the person appointed. 545 (b) A person may not be appointed to or serve as a member 546 of the commission if the person: 547 1. Is an elected state official; 548 2. Is licensed by the commission, or is an officer of, has 549 a financial interest in, or has a direct or indirect contractual 550 relationship with, any applicant for a resort license or resort 551 licensee; 552 3. Is related to any person within the second degree of 553 consanguinity or affinity who is licensed by the commission; or 554 4. Has, within the 10 years preceding his or her 555 appointment, been under indictment for, convicted of, pled 556 guilty or nolo contendere to, or forfeited bail for a felony or 557 a misdemeanor involving gambling or fraud under the laws of this 558 or any other state or the United States. 559 (c) Members of the commission shall serve full time. 560 (3) CHAIR AND VICE CHAIR.— 561 (a) The chair shall be appointed by the Governor. The vice 562 chair of the commission shall be elected by the members of the 563 commission during the first meeting of the commission on or 564 after July 1 of each year. The chair shall be the administrative 565 head of the commission. The chair shall set the agenda for each 566 meeting. The chair shall approve all notices, vouchers, 567 subpoenas, and reports as required by the Resort Act. The chair 568 shall preserve order and decorum and shall have general control 569 of the commission meetings. The chair shall decide all questions 570 of order. The chair may name any member of the commission to 571 perform the duties of the chair for a meeting if such 572 substitution does not extend beyond that meeting. 573 (b) If for any reason the chair is absent and fails to name 574 a member, the vice chair shall assume the duties of the chair 575 during the chair’s absence. On the death, incapacitation, or 576 resignation of the chair, the vice chair shall perform the 577 duties of the office until the Governor appoints a successor. 578 (c) The administrative responsibilities of the chair are to 579 plan, organize, and control administrative support services for 580 the commission. Administrative functions include, but are not 581 limited to, finance and accounting, revenue accounting, 582 personnel, and office services. 583 (4) QUORUM.—Four members of the commission constitute a 584 quorum. 585 (5) HEADQUARTERS.—The headquarters of the commission shall 586 be located in Tallahassee. 587 (6) MEETINGS.—The commission must meet at least monthly. 588 Meetings may be called by the chair or by four members of the 589 commission upon 72 hours’ public notice. The initial meeting of 590 the commission must be held by October 1, 2011. 591 (7) AGENCY HEAD.—The commission shall serve as the agency 592 head for purposes of chapter 120, Florida Statutes. The 593 executive director of the commission may serve as the agency 594 head for purposes of final agency action under chapter 120, 595 Florida Statutes, for all areas within the regulatory authority 596 delegated to the executive director’s office. 597 Section 6. Destination Resort Commission; powers and 598 duties.— 599 (1) The commission has jurisdiction over and shall 600 supervise all destination resort limited gaming activity 601 governed by the Resort Act, including the power to: 602 (a) Authorize limited gaming at five destination resorts. 603 (b) Conduct such investigations as necessary to fulfill its 604 responsibilities. 605 (c) Use an invitation to negotiate process for applicants 606 based on minimum requirements established by the Resort Act and 607 rules of the commission. 608 (d) Investigate applicants for a resort license and 609 determine the eligibility of applicants for a resort license and 610 to select from competing applicants the applicant that best 611 serves the interests of the residents of Florida, based on the 612 potential for economic development presented by the applicant’s 613 proposed investment in infrastructure, such as hotels and other 614 nongaming entertainment facilities, and the applicant’s ability 615 to maximize revenue for the state. 616 (e) Grant a license to the applicant best suited to operate 617 a destination resort that has limited gaming. 618 (f) Establish and collect fees for performing background 619 checks on all applicants for licenses and all persons with whom 620 the commission may contract for the providing of goods or 621 services and for performing, or having performed, tests on 622 equipment and devices to be used in a limited gaming facility. 623 (g) Issue subpoenas for the attendance of witnesses and 624 subpoenas duces tecum for the production of books, records, and 625 other pertinent documents as provided by law, and to administer 626 oaths and affirmations to the witnesses, if, in the judgment of 627 the commission, it is necessary to enforce the Resort Act or 628 commission rules. If a person fails to comply with a subpoena, 629 the commission may petition the circuit court of the county in 630 which the person subpoenaed resides or has his or her principal 631 place of business for an order requiring the subpoenaed person 632 to appear and testify and to produce books, records, and 633 documents as specified in the subpoena. The court may grant 634 legal, equitable, or injunctive relief, which may include, but 635 is not limited to, issuance of a writ of ne exeat or restraint 636 by injunction or appointment of a receiver of any transfer, 637 pledge, assignment, or other disposition of such person’s assets 638 or any concealment, alteration, destruction, or other 639 disposition of subpoenaed books, records, or documents, as the 640 court deems appropriate, until the person subpoenaed has fully 641 complied with the subpoena and the commission has completed the 642 audit, examination, or investigation. The commission is entitled 643 to the summary procedure provided in s. 51.011, Florida 644 Statutes, and the court shall advance the cause on its calendar. 645 Costs incurred by the commission to obtain an order granting, in 646 whole or in part, such petition for enforcement of a subpoena 647 shall be charged against the subpoenaed person, and failure to 648 comply with such order is a contempt of court. 649 (h) Require or permit a person to file a statement in 650 writing, under oath or otherwise as the commission or its 651 designee requires, as to all the facts and circumstances 652 concerning the matter to be audited, examined, or investigated. 653 (i) Keep accurate and complete records of its proceedings 654 and to certify the records as may be appropriate. 655 (j) Take any other action as may be reasonable or 656 appropriate to enforce the Resort Act and rules adopted by the 657 commission. 658 (k) Apply for injunctive or declaratory relief in a court 659 of competent jurisdiction to enforce the Resort Act and any 660 rules adopted by the commission. 661 (l) Establish field offices, as deemed necessary by the 662 commission. 663 (2) The Department of Law Enforcement and local law 664 enforcement agencies have concurrent jurisdiction to investigate 665 criminal violations of the Resort Act and may investigate any 666 other criminal violation of law occurring at the limited gaming 667 facilities. Such investigations may be conducted in conjunction 668 with the appropriate state attorney. 669 (3)(a) The commission, the Department of Law Enforcement, 670 and local law enforcement agencies have unrestricted access to 671 the limited gaming facility at all times and shall require of 672 each resort licensee strict compliance with the laws of this 673 state relating to the transaction of such business. The 674 commission, the Department of Law Enforcement, and local law 675 enforcement agencies may: 676 1. Inspect and examine premises where authorized limited 677 gaming devices are offered for play. 678 2. Inspect slot machines, other authorized gaming devices, 679 and related equipment and supplies. 680 (b) In addition, the commission may: 681 1. Collect taxes, assessments, fees, and penalties. 682 2. Deny, revoke, suspend, or place conditions on a licensee 683 who violates any provision of the Resort Act, a rule adopted by 684 the commission, or an order of the commission. 685 (4) The commission must revoke or suspend the license of 686 any person who is no longer qualified or who is found, after 687 receiving a license, to have been unqualified at the time of 688 application for the license. 689 (5) This section does not: 690 (a) Prohibit the Department of Law Enforcement or any law 691 enforcement authority whose jurisdiction includes a resort 692 licensee or a supplier licensee from conducting investigations 693 of criminal activities occurring at the facilities of a resort 694 licensee or supplier licensee; 695 (b) Restrict access to the limited gaming facility by the 696 Department of Law Enforcement or any local law enforcement 697 authority whose jurisdiction includes a resort licensee’s 698 facility; or 699 (c) Restrict access by the Department of Law Enforcement or 700 a local law enforcement agency to information and records 701 necessary for the investigation of criminal activity which are 702 contained within the facilities of a resort licensee or supplier 703 licensee. 704 Section 7. Rulemaking.— 705 (1) The commission shall adopt all rules necessary to 706 implement, administer, and regulate limited gaming under the 707 Destination Resort Act. The rules must include: 708 (a) The types of limited gaming activities to be conducted 709 and the rules for those games, including any restriction upon 710 the time, place, and structures where limited gaming is 711 authorized. 712 (b) Requirements, procedures, qualifications, and grounds 713 for the issuance, renewal, revocation, suspension, and summary 714 suspension of a resort license, supplier’s license, or 715 occupational license. 716 (c) Requirements for the disclosure of the complete 717 financial interests of licensees and applicants for licenses. 718 (d) Technical requirements and the qualifications that are 719 necessary to receive a license. 720 (e) Procedures to scientifically test and technically 721 evaluate slot machines and other authorized gaming devices for 722 compliance with the Resort Act and the rules adopted by the 723 commission. The commission may contract with an independent 724 testing laboratory to conduct any necessary testing. The 725 independent testing laboratory must have a national reputation 726 for being demonstrably competent and qualified to scientifically 727 test and evaluate slot machines and other authorized gaming 728 devices. An independent testing laboratory may not be owned or 729 controlled by a licensee. The use of an independent testing 730 laboratory for any purpose related to the conduct of slot 731 machine gaming and other authorized gaming by a resort licensee 732 shall be made from a list of laboratories approved by the 733 commission. 734 (f) Procedures relating to limited gaming revenues, 735 including verifying and accounting for such revenues, auditing, 736 and collecting taxes and fees. 737 (g) Requirements for limited gaming equipment, including 738 the types and specifications of all equipment and devices that 739 may be used in limited gaming facilities. 740 (h) Procedures for regulating, managing, and auditing the 741 operation, financial data, and program information relating to 742 limited gaming which allow the commission and the Department of 743 Law Enforcement to audit the operation, financial data, and 744 program information of a resort licensee, as required by the 745 commission or the Department of Law Enforcement, and provide the 746 commission and the Department of Law Enforcement with the 747 ability to monitor, at any time on a real-time basis, wagering 748 patterns, payouts, tax collection, and compliance with any rules 749 adopted by the commission for the regulation and control of 750 limited gaming. Such continuous and complete access, at any time 751 on a real-time basis, shall include the ability of either the 752 commission or the Department of Law Enforcement to suspend play 753 immediately on particular slot machines or other gaming devices 754 if monitoring of the facilities-based computer system indicates 755 possible tampering or manipulation of those slot machines or 756 gaming devices or the ability to suspend play immediately of the 757 entire operation if the tampering or manipulation is of the 758 computer system itself. The commission shall notify the 759 Department of Law Enforcement or the Department of Law 760 Enforcement shall notify the commission, as appropriate, 761 whenever there is a suspension of play pursuant this paragraph. 762 The commission and the Department of Law Enforcement shall 763 exchange information that is necessary for, and cooperate in the 764 investigation of, the circumstances requiring suspension of play 765 pursuant to this paragraph. 766 (i) Procedures for requiring each resort licensee at his or 767 her own cost and expense to supply the commission with a bond as 768 required. 769 (j) Procedures for requiring licensees to maintain and to 770 provide to the commission records, data, information, or 771 reports, including financial and income records. 772 (k) Procedures to calculate the payout percentages of slot 773 machines. 774 (l) Minimum standards for security of the facilities, 775 including floor plans, security cameras, and other security 776 equipment. 777 (m) The scope and conditions for investigations and 778 inspections into the conduct of limited gaming. 779 (n) The standards and procedures for the seizure without 780 notice or hearing of gaming equipment, supplies, or books and 781 records for the purpose of examination and inspection. 782 (o) Procedures for requiring resort licensees and supplier 783 licensees to implement and establish drug-testing programs for 784 all employees. 785 (p) Procedures and guidelines for the continuous recording 786 of all gaming activities at a limited gaming facility. The 787 commission may require a resort licensee to timely provide all 788 or part of the original recordings pursuant to a schedule. 789 (q) The payment of costs incurred by the commission or any 790 other agencies for investigations or background checks or costs 791 associated with testing limited gaming related equipment, which 792 must be paid by an applicant for a license or a licensee. 793 (r) The levying of fines for violations of the Resort Act 794 or any rule adopted by the commission, which fines may not 795 exceed $250,000 per violation arising out of a single 796 transaction. 797 (s) The amount of any application fee or fee to renew an 798 occupational license or a suppliers license. 799 (t) Any other rule necessary to accomplish the purposes of 800 the Resort Act. 801 (2) The commission may at any time adopt emergency rules 802 pursuant to s. 120.54, Florida Statutes. The Legislature finds 803 that such emergency rulemaking power is necessary for the 804 preservation of the rights and welfare of the people in order to 805 provide additional funds to benefit the public. The Legislature 806 further finds that the unique nature of limited gaming 807 operations requires, from time to time, that the commission 808 respond as quickly as is practicable. Therefore, in adopting 809 such emergency rules, the commission need not make the findings 810 required by s. 120.54(4)(a), Florida Statutes. Emergency rules 811 adopted under this section are exempt from s. 120.54(4)(c), 812 Florida Statutes. However, the emergency rules may not remain in 813 effect for more than 180 days except that the commission may 814 renew the emergency rules during the pendency of procedures to 815 adopt permanent rules addressing the subject of the emergency 816 rules. 817 Section 8. Law enforcement officers.— 818 (1) The commission may employ sworn law enforcement 819 officers to enforce any criminal law, conduct any criminal 820 investigation, or enforce any statute within the jurisdiction of 821 the commission. 822 (2) Each law enforcement officer must meet the 823 qualifications for law enforcement officers under s. 943.13, 824 Florida Statutes, and must be certified as a law enforcement 825 officer by the Department of Law Enforcement. Upon 826 certification, each law enforcement officer is subject to and 827 has the authority provided to law enforcement officers generally 828 under chapter 901, Florida Statutes, and has statewide 829 jurisdiction. 830 (3) Each officer has arrest authority as provided for state 831 law enforcement officers under s. 901.15, Florida Statutes, and 832 full law enforcement powers granted to other officers of this 833 state, including the authority to make arrests, carry firearms, 834 serve court process, and seize contraband and proceeds from 835 illegal activities. 836 (4) Each law enforcement officer of the commission, upon 837 certification under s. 943.1395, Florida Statutes, has the same 838 right and authority to carry arms as do the sheriffs of this 839 state. 840 Section 9. Executive director.—The commission shall appoint 841 or remove the executive director of the commission by a majority 842 vote. An interim executive director shall be appointed within 10 843 days after the initial meeting of the commission. 844 (1) The executive director: 845 (a) Shall devote full time to the duties of the office; 846 (b) May not hold any other office or employment; 847 (c) Shall perform all duties assigned by the commission; 848 and 849 (d) May hire assistants and employees as necessary to 850 conduct the business of the commission, and consultants 851 necessary for the efficient operation of destination resorts. 852 (2)(a) The executive director may not employ a person who, 853 during the 3 years immediately preceding employment, held a 854 direct or indirect interest in, or was employed by: 855 1. A resort licensee or supplier licensee; 856 2. An applicant for a resort license or an applicant for a 857 similar license in another jurisdiction; 858 3. An entity licensed to operate a gaming facility in 859 another state; 860 4. A pari-mutuel gaming facility licensed to operate in 861 this state; or 862 5. A tribal gaming facility within this state. 863 (b) Notwithstanding paragraph (a), a person may be employed 864 by the commission if the commission finds that the person’s 865 former interest in any licensee will not interfere with the 866 objective discharge of the person’s employment obligations. 867 However, a person may not be employed by the commission if: 868 1. The person’s interest in an applicant, licensee, or 869 tribal facility constituted a controlling interest; or 870 2. The person, or the person’s spouse, parent, child, 871 child’s spouse, or sibling, is a member of the commission, or a 872 director of, or person financially interested in, an applicant 873 or a licensee. 874 Section 10. Code of ethics.— 875 (1) The commission shall adopt a code of ethics by rule for 876 its members, employees, and agents. 877 (2) A member of the commission or the executive director 878 may not hold a direct or indirect interest in, be employed by, 879 or enter into a contract for service with an applicant or person 880 licensed by the commission for a period of 5 years after the 881 date of termination of the person’s membership on or employment 882 with the commission. 883 (3) An employee of the commission may not acquire a direct 884 or indirect interest in, be employed by, or enter into a 885 contract for services with an applicant or person licensed by 886 the commission for a period of 3 years after the date of 887 termination of the person’s employment with the commission. 888 (4) A commission member or a person employed by the 889 commission may not represent a person or party other than the 890 state before or against the commission for a period of 3 years 891 after the date of termination of the member’s term of office or 892 the employee’s period of employment with the commission. 893 (5) A business entity in which a former commission member, 894 employee, or agent has an interest, or any partner, officer, or 895 employee of that business entity, may not appear before or 896 represent another person before the commission if the former 897 commission member, employee, or agent would be prohibited from 898 doing so. As used in this subsection, the term “business entity” 899 means a corporation, limited liability company, partnership, 900 limited liability partnership association, trust, or other form 901 of legal entity. 902 (6) A member, employee, or agent of the commission may not 903 engage in political activity or politically related activity 904 during the duration of the person’s appointment or employment. 905 As used in this paragraph, the terms “political activity” or 906 “politically related activity” include: 907 (a) Using the person’s official authority or influence for 908 the purpose of interfering with or affecting the result of an 909 election; 910 (b) Knowingly soliciting, accepting, or receiving political 911 contributions from any person; 912 (c) Running for nomination or as a candidate for election 913 to a partisan political office; or 914 (d) Knowingly soliciting or discouraging the participation 915 in any political activity of any person who is: 916 1. Applying for any compensation, grant, contract, ruling, 917 license, permit, or certificate pending before the commission; 918 or 919 2. The subject of or a participant in an ongoing audit, 920 investigation, or enforcement action being carried out by the 921 commission. 922 (7) A former member, employee, or agent of the commission 923 may appear before the commission as a witness testifying as to 924 factual matters or actions handled by the former member, 925 employee, or agent during his or her tenure with the commission. 926 However, the former member, employee, or agent of the commission 927 may not receive compensation for the appearance other than a 928 standard witness fee and reimbursement for travel expenses as 929 established by statute or rules governing administrative 930 proceedings before the Division of Administrative Hearings. 931 (8)(a) The executive director must approve outside 932 employment for an employee or agent of the commission. 933 (b) An employee or agent of the commission granted 934 permission for outside employment may not conduct any business 935 or perform any activities, including solicitation, related to 936 outside employment on premises used by the commission or during 937 the employee’s working hours for the commission. 938 (c) As used in this subsection, the term “outside 939 employment” includes, but is not limited to: 940 1. Operating a proprietorship; 941 2. Participating in a partnership or group business 942 enterprise; or 943 3. Performing as a director or corporate officer of any 944 for-profit corporation or banking or credit institution. 945 (9) A member, employee, or agent of the commission may not 946 participate in or wager on any game conducted by any resort 947 licensee or applicant or any affiliate of a licensee or 948 applicant regulated by the commission in this state or in any 949 other jurisdiction, except as required as part of the person’s 950 surveillance, security, or other official duties. 951 Section 11. Disclosures by commissioners, employees, and 952 agents.— 953 (1) COMMISSIONERS.— 954 (a) Each member of the commission shall file a financial 955 disclosure statement pursuant to s. 112.3145, Florida Statutes. 956 (b) Each member must disclose information required by rules 957 of the commission to ensure the integrity of the commission and 958 its work. 959 (c) By January 1 of each year, each member must file a 960 statement with the commission: 961 1. Affirming that the member, and the member’s spouse, 962 parent, child, or child’s spouse, is not a member of the board 963 of directors of, financially interested in, or employed by an 964 applicant or resort licensee. 965 2. Affirming that the member is in compliance with the 966 Resort Act and the rules of the commission. 967 3. Disclosing any legal or beneficial interest in real 968 property that is or may be directly or indirectly involved with 969 activities or persons regulated by the commission. 970 (d) Each member must disclose involvement with any gaming 971 interest in the 5 years preceding appointment as a member. 972 (2) EMPLOYEES AND AGENTS.— 973 (a) The executive director and each managerial employee and 974 agent, as determined by the commission, shall file a financial 975 disclosure statement pursuant to s. 112.3145, Florida Statutes. 976 All employees and agents must comply with the provisions of 977 chapter 112, Florida Statutes. 978 (b) The executive director and each managerial employee and 979 agent identified by rule of the commission must disclose 980 information required by rules of the commission to ensure the 981 integrity of the commission and its work. 982 (c) By January 31 of each year, each employee and agent of 983 the commission must file a statement with the commission: 984 1. Affirming that the employee, and the employee’s spouse, 985 parent, child, or child’s spouse, is not financially interested 986 in or employed by an applicant or licensee. 987 2. Affirming that the person does not have any financial 988 interest prohibited by laws or rules administered by the 989 commission. 990 3. Disclosing any legal or beneficial interest in real 991 property that is or may be directly or indirectly involved with 992 activities or persons regulated by the commission. 993 (d) Each employee or agent of the commission must disclose 994 involvement with any gaming interest during the 5 years before 995 employment. 996 (3) CIRCUMSTANCES REQUIRING IMMEDIATE DISCLOSURE.— 997 (a) A member, employee, or agent of the commission who 998 becomes aware that the member, employee, or agent of the 999 commission or his or her spouse, parent, or child is a member of 1000 the board of directors of, financially interested in, or 1001 employed by an applicant or licensee must immediately provide 1002 detailed written notice to the chair. 1003 (b) A member, employee, or agent of the commission must 1004 immediately provide detailed written notice of the circumstances 1005 to the chair if the member, employee, or agent is indicted, 1006 charged with, convicted of, pleads guilty or nolo contendere to, 1007 or forfeits bail for: 1008 1. A misdemeanor involving gambling, dishonesty, theft, or 1009 fraud; 1010 2. A violation of any law in any state, or a law of the 1011 United States or any other jurisdiction, involving gambling, 1012 dishonesty, theft, or fraud which substantially corresponds to a 1013 misdemeanor in this state; or 1014 3. A felony under the laws of this or any other state, or 1015 the laws of the United States, or any other jurisdiction. 1016 (c) A member, employee, or agent of the commission who is 1017 negotiating for an interest in a licensee or an applicant, or is 1018 affiliated with such a person, must immediately provide written 1019 notice of the details of the interest to the chair. The member, 1020 employee, or agent of the commission may not act on behalf of 1021 the commission with respect to that person. 1022 (d) A member, employee, or agent of the commission may not 1023 enter into negotiations for employment with any person or 1024 affiliate of any person who is an applicant, licensee, or an 1025 affiliate. If a member, employee, or agent of the commission 1026 enters into negotiations for employment in violation of this 1027 paragraph or receives an invitation, written or oral, to 1028 initiate a discussion concerning employment with any person who 1029 is a licensee, applicant, or an affiliate, he or she must 1030 immediately provide written notice of the details of any such 1031 negotiations or discussions to the chair. The member, employee, 1032 or agent of the commission may not take any action on behalf of 1033 the commission with respect to that licensee or applicant. 1034 (e) A licensee or applicant may not knowingly initiate a 1035 negotiation for, or discussion of, employment with a member, 1036 employee, or agent of the commission. A licensee or applicant 1037 who initiates a negotiation or discussion about employment shall 1038 immediately provide written notice of the details of the 1039 negotiation or discussion to the chair as soon as that person 1040 becomes aware that the negotiation or discussion has been 1041 initiated with a member, employee, or agent of the commission. 1042 (f) A member, employee, or agent of the commission, or a 1043 parent, spouse, sibling, or child of a member, employee, or 1044 agent of the commission, may not accept any gift, gratuity, 1045 compensation, travel, lodging, or anything of value, directly or 1046 indirectly, from a licensee, applicant, or affiliate or 1047 representative of a person regulated by the commission unless 1048 the acceptance is permitted under the rules of the commission 1049 and conforms with chapter 112, Florida Statutes. A member, 1050 employee, or agent of the commission who is offered or receives 1051 any gift, gratuity, compensation, travel, lodging, or anything 1052 of value, directly or indirectly, from any licensee or an 1053 applicant or affiliate or representative of a person regulated 1054 by the commission must immediately provide written notice of the 1055 details to the chair. 1056 (g) A licensee, applicant, or affiliate or representative 1057 of an applicant or licensee may not, directly or indirectly, 1058 knowingly give or offer to give any gift, gratuity, 1059 compensation, travel, lodging, or anything of value to any 1060 member, employee, or agent, or to a parent, spouse, sibling, or 1061 child of a member, employee, or agent, which the member, 1062 employee, or agent is prohibited from accepting under paragraph 1063 (f). 1064 (h) A member, employee, or agent of the commission may not 1065 engage in any conduct that constitutes a conflict of interest, 1066 and must immediately advise the chair in writing of the details 1067 of any incident or circumstances that would suggest the 1068 existence of a conflict of interest with respect to the 1069 performance of commission-related work or duty of the member, 1070 employee, or agent of the commission. 1071 (i) A member, employee, or agent of the commission who is 1072 approached and offered a bribe must immediately provide a 1073 written account of the details of the incident to the chair and 1074 to a law enforcement agency having jurisdiction over the matter. 1075 Section 12. Ex parte communications.— 1076 (1) A licensee, applicant, or any affiliate or 1077 representative of an applicant or licensee may not engage 1078 directly or indirectly in ex parte communications concerning a 1079 pending application, license, or enforcement action with a 1080 member of the commission or concerning a matter that likely will 1081 be pending before the commission. A member of the commission may 1082 not engage directly or indirectly in any ex parte communications 1083 concerning a pending application, license, or enforcement action 1084 with members of the commission, or with a licensee, applicant, 1085 or any affiliate or representative of an applicant or licensee, 1086 or concerning a matter that likely will be pending before the 1087 commission. 1088 (2) Any commission member, licensee, applicant, or 1089 affiliate or representative of a commission member, licensee, or 1090 applicant who receives any ex parte communication in violation 1091 of subsection (1), or who is aware of an attempted communication 1092 in violation of subsection (1), must immediately report details 1093 of the communication or attempted communication in writing to 1094 the chair. 1095 (3) If a commissioner knowingly receives an ex parte 1096 communication relative to a proceeding to which he or she is 1097 assigned, he or she must place on the record copies of all 1098 written communications received, copies of all written responses 1099 to the communications, and a memorandum stating the substance of 1100 all oral communications received and all oral responses made, 1101 and shall give written notice to all parties to the 1102 communication that such matters have been placed on the record. 1103 Any party who desires to respond to an ex parte communication 1104 may do so. The response must be received by the commission 1105 within 10 days after receiving notice that the ex parte 1106 communication has been placed on the record. The commissioner 1107 may, if he or she deems it necessary to eliminate the effect of 1108 an ex parte communication received by him or her, withdraw from 1109 the proceeding potentially impacted by the ex parte 1110 communication. After a commissioner withdraws from the 1111 proceeding, the chair shall substitute another commissioner for 1112 the proceeding if the proceeding was not assigned to the full 1113 commission. 1114 (4) Any individual who makes an ex parte communication must 1115 submit to the commission a written statement describing the 1116 nature of such communication, including the name of the person 1117 making the communication, the name of the commissioner or 1118 commissioners receiving the communication, copies of all written 1119 communications made, all written responses to such 1120 communications, and a memorandum stating the substance of all 1121 oral communications received and all oral responses made. The 1122 commission shall place on the record of a proceeding all such 1123 communications. 1124 (5) A member of the commission who knowingly fails to place 1125 on the record any ex parte communications, in violation of this 1126 section, within 15 days after the date of the communication is 1127 subject to removal and may be assessed a civil penalty not to 1128 exceed $5,000. 1129 (6) The Commission on Ethics shall receive and investigate 1130 sworn complaints of violations of this section pursuant to ss. 1131 112.322-112.3241, Florida Statutes. 1132 (7) If the Commission on Ethics finds that a member of the 1133 commission has violated this section, it shall provide the 1134 Governor with a report of its findings and recommendations. The 1135 Governor may enforce the findings and recommendations of the 1136 Commission on Ethics pursuant to part III of chapter 112, 1137 Florida Statutes. 1138 (8) If a commissioner fails or refuses to pay the 1139 Commission on Ethics any civil penalties assessed pursuant to 1140 this section, the Commission on Ethics may bring an action in 1141 any circuit court to enforce such penalty. 1142 (9) If, during the course of an investigation by the 1143 Commission on Ethics into an alleged violation of this section, 1144 allegations are made as to the identity of the person who 1145 participated in the ex parte communication, that person must be 1146 given notice and an opportunity to participate in the 1147 investigation and relevant proceedings to present a defense. If 1148 the Commission on Ethics determines that the person participated 1149 in the ex parte communication, the person may not appear before 1150 the commission or otherwise represent anyone before the 1151 commission for 2 years. 1152 Section 13. Penalties for misconduct by a commissioner, 1153 employee, or agent.— 1154 (1) A violation of the Resort Act by a member of the 1155 commission may result in disqualification or constitute cause 1156 for removal by the Governor or other disciplinary action as 1157 determined by the commission. 1158 (2) A violation of the Resort Act by an employee or agent 1159 of the commission does not require termination of employment or 1160 other disciplinary action if: 1161 (a) The commission determines that the conduct involved 1162 does not violate the purposes the Resort Act; or 1163 (b) There was no intentional action on the part of the 1164 employee or agent, contingent on divestment of the financial 1165 interest within 30 days after the interest was acquired. 1166 (3) Notwithstanding subsection (2), an employee or agent of 1167 the commission who violates the Resort Act shall be terminated 1168 if a financial interest in a licensee, applicant, or affiliate, 1169 or representative of a licensee or applicant, is acquired by: 1170 (a) An employee of the commission; or 1171 (b) The employee’s or agent’s spouse, parent, or child. 1172 (4) A violation the Resort Act does not create a civil 1173 cause of action. 1174 Section 14. Authorization of limited gaming at destination 1175 resorts.—Notwithstanding any other provisions of law, the 1176 commission may not award a resort license authorizing limited 1177 gaming unless a majority of the electors in a countywide 1178 referendum have approved the conduct of limited gaming in the 1179 respective county. If limited gaming is authorized through the 1180 award of a resort license, the resort licensee may possess slot 1181 machines and other authorized gaming devices and conduct limited 1182 gaming at the licensed location. Notwithstanding any other 1183 provision of law, a person may lawfully participate in 1184 authorized games at a facility licensed to possess authorized 1185 limited gaming devices and conduct limited gaming or to 1186 participate in limited gaming as described in the Resort Act. 1187 Section 15. Legislative authority; administration of act. 1188 The regulation of the conduct of limited gaming activity at a 1189 resort licensee is preempted to the state and a county, 1190 municipality, or other political subdivision of the state may 1191 not enact any ordinance relating to limited gaming. Only the 1192 commission and other authorized state agencies shall administer 1193 the Resort Act and regulate limited gaming, including limited 1194 gaming at resort licensees and the assessment of fees or taxes 1195 relating to the conduct of limited gaming. 1196 Section 16. Process for awarding destination resort 1197 licenses.— 1198 (1) The commission shall by rule use an invitation to 1199 negotiate process for determining the award of a resort license. 1200 The application, review, and issuance procedures for awarding a 1201 license shall be by a process in which applicants rely on forms 1202 provided by the commission in response to an invitation to 1203 negotiate issued by the commission. 1204 (2) The commission may, at its discretion, stagger the 1205 issuance of invitations to negotiate, the period for review of 1206 replies, and the awarding of one or more licenses to conduct 1207 limited gaming, provided that the number of licenses does not 1208 exceed five destination resort licensees. Invitations to 1209 negotiate shall require a response within no less than 6 months 1210 of the date after the issuance of the invitation. 1211 (3) The commission may specify in its invitation to 1212 negotiate the district in which the facility would be located. 1213 When determining whether to authorize the destination resort 1214 located within a specific county or counties, the commission 1215 shall, if practicable, hold a public hearing in such county or 1216 counties. 1217 (4) The commission shall review all complete replies 1218 received pursuant to an invitation to negotiate. The commission 1219 may select one or more replies with which to commence 1220 negotiations after determining which replies are in the best 1221 interest of the state based on the selection criteria. The 1222 commission shall award or deny a destination resort license 1223 within 12 months after the deadline for the submission of a 1224 reply. 1225 Section 17. Criteria for the award of a destination resort 1226 license.- 1227 (1) The commission may award a resort license to the 1228 applicant of an invitation to negotiate which best serves the 1229 interests of the residents of Florida. The reply to an 1230 invitation to negotiate for a resort license must include an 1231 application that demonstrates the applicant’s ability to meet 1232 the following minimum criteria: 1233 (a) Only one destination resort license may be awarded per 1234 district. 1235 (b) The applicant must demonstrate a capacity to increase 1236 tourism, generate jobs, provide revenue to the local economy, 1237 and provide revenue to the General Revenue Fund. 1238 (c) The area in which the conduct of limited gaming is 1239 authorized may constitute no more than 10 percent of the resort 1240 development’s total square footage. The resort development’s 1241 total square footage is the aggregate of the total square 1242 footage of the limited gaming facility, the hotel or hotels, 1243 convention space, retail facilities, nongaming entertainment 1244 facilities, service centers, and office space or administrative 1245 areas. 1246 (d) The applicant must demonstrate a history of, or a bona 1247 fide plan for, community involvement or investment in the 1248 community where the resort having a limited gaming facility will 1249 be located. 1250 (e) The applicant must demonstrate the financial ability to 1251 purchase and maintain an adequate surety bond. 1252 (f) The applicant must demonstrate that it has adequate 1253 capitalization to develop, construct, maintain, and operate the 1254 proposed resort and convention center having a limited gaming 1255 facility in accordance with the requirements of the Resort Act 1256 and rules adopted by the commission and to responsibly meet its 1257 secured and unsecured debt obligations in accordance with its 1258 financial and other contractual agreements. 1259 (g) The applicant shall demonstrate the ability to 1260 implement a program to train and employ residents of this state 1261 for jobs that will be available at the destination resort, 1262 including its ability to implement a program for the training of 1263 low-income persons. 1264 (h) The commission may, at its discretion, assess the 1265 quality of the proposed development’s aesthetic appearance in 1266 the context of its potential to provide substantial economic 1267 benefits to the community and the people of Florida, including, 1268 but not limited to its potential to provide substantial 1269 employment opportunities. 1270 (i) The applicant shall demonstrate how it will comply with 1271 state and federal affirmative action guidelines. 1272 (j) The applicant shall demonstrate the ability to generate 1273 substantial gross receipts. 1274 (2) A resort license may be issued only to persons of good 1275 moral character who are at least 21 years of age. A resort 1276 license may issued to a corporation only if its officers are of 1277 good moral character and at least 21 years of age. 1278 (3) A resort license may not be issued to an applicant if 1279 the applicant, qualifier, or institutional investor: 1280 (a) Has, within the last 10 years, filed for protection 1281 under the Federal Bankruptcy Code or had an involuntary 1282 bankruptcy petition filed against them. 1283 (b) Has, within the last 5 years, been adjudicated by a 1284 court or tribunal for failure to pay income, sales, or gross 1285 receipts tax due and payable under any federal, state, or local 1286 law, after exhaustion of all appeals or administrative remedies. 1287 (c) Has been convicted of a felony under the laws of this 1288 or any other state, or the United States. 1289 (d) Has been convicted of any violation under chapter 817, 1290 Florida Statutes, or under a substantially similar law of 1291 another jurisdiction. 1292 (e) Knowingly submitted false information in the 1293 application for the license. 1294 (f) Is a member or employee of the commission. 1295 (g) Was licensed to own or operate gaming or pari-mutuel 1296 facilities in this state or another jurisdiction and that 1297 license was revoked. 1298 (h) Fails to meet any other criteria for licensure set 1299 forth in the Resort Act. 1300 1301 The term “conviction” includes an adjudication of guilt on a 1302 plea of guilty or nolo contendere or the forfeiture of a bond 1303 when charged with a crime. 1304 Section 18. Application for destination resort license.— 1305 (1) APPLICATION.—A reply submitted in response to an 1306 invitation to negotiate must include a sworn application in the 1307 format prescribed by the commission. The application must 1308 include the following information: 1309 (a)1. The name, business address, telephone number, social 1310 security number, and, where applicable, the federal tax 1311 identification number of the applicant and each qualifier; and 1312 2. Information, documentation, and assurances concerning 1313 financial background and resources as may be required to 1314 establish the financial stability, integrity, and responsibility 1315 of the applicant. This includes business and personal income and 1316 disbursement schedules, tax returns and other reports filed with 1317 governmental agencies, and business and personal accounting and 1318 check records and ledgers. In addition, each applicant must 1319 provide written authorization for the examination of all bank 1320 accounts and records as may be deemed necessary by the 1321 commission. 1322 (b) The identity and, if applicable, the state of 1323 incorporation or registration of any business in which the 1324 applicant or a qualifier has an equity interest of more than 5 1325 percent. If the applicant or qualifier is a corporation, 1326 partnership, or other business entity, the applicant or 1327 qualifier must identify any other corporation, partnership, or 1328 other business entity in which it has an equity interest of more 1329 5 percent, including, if applicable, the state of incorporation 1330 or registration. 1331 (c) A statement as to whether the applicant or a qualifier 1332 has developed and operated a gaming facility within a 1333 jurisdiction in the United States, including a description of 1334 the gaming facility, the gaming facility’s gross revenue, and 1335 the amount of revenue the gaming facility has generated for 1336 state and local governments within that jurisdiction. 1337 (d) A statement as to whether the applicant or a qualifier 1338 has been indicted, convicted of, pled guilty or nolo contendere 1339 to, or forfeited bail for any felony or for a misdemeanor 1340 involving gambling, theft, or fraud. The statement must include 1341 the date, the name and location of the court, the arresting 1342 agency, the prosecuting agency, the case caption, the docket 1343 number, the nature of the offense, the disposition of the case, 1344 and, if applicable, the location and length of incarceration. 1345 (e) A statement as to whether the applicant or a qualifier 1346 has ever been granted any license or certificate in any 1347 jurisdiction which has been restricted, suspended, revoked, not 1348 renewed, or otherwise subjected to discipline. The statement 1349 must describe the facts and circumstances concerning that 1350 restriction, suspension, revocation, nonrenewal, or discipline, 1351 including the licensing authority, the date each action was 1352 taken, and an explanation of the circumstances for each 1353 disciplinary action. 1354 (f) A statement as to whether the applicant or qualifier 1355 has, as a principal or a controlling shareholder, within the 1356 last 10 years, filed for protection under the Federal Bankruptcy 1357 Code or had an involuntary bankruptcy petition filed against it. 1358 (g) A statement as to whether the applicant or qualifier 1359 has, within the last 5 years, been adjudicated by a court or 1360 tribunal for failure to pay any income, sales, or gross receipts 1361 tax due and payable under federal, state, or local law, after 1362 exhaustion of all appeals or administrative remedies. This 1363 statement must identify the amount and type of the tax and the 1364 time periods involved and must describe the resolution of the 1365 nonpayment. 1366 (h) A list of the names and titles of any public officials 1367 or officers of any unit of state government or of the local 1368 government or governments in the county or municipality in which 1369 the proposed resort is to be located, and the spouses, parents, 1370 and children of those public officials or officers, who, 1371 directly or indirectly, own any financial interest in, have any 1372 beneficial interest in, are the creditors of, hold any debt 1373 instrument issued by the applicant or a qualifier, or hold or 1374 have an interest in any contractual or service relationship with 1375 the applicant or qualifier. As used in this paragraph, the terms 1376 “public official” and “officer” do not include a person who 1377 would be listed solely because the person is a member of the 1378 Florida National Guard. 1379 (i) The name and business telephone number of any attorney, 1380 lobbyist, or other person who is representing an applicant 1381 before the commission during the application process. 1382 (j) A description of the applicant’s history of and 1383 proposed plan for community involvement or investment in the 1384 community where the resort having a limited gaming facility 1385 would be located. 1386 (k) A description of the applicant’s proposed resort, 1387 including a description of the economic benefit to the community 1388 in which the facility would be located, the anticipated number 1389 of employees, a statement regarding how the applicant would 1390 comply with federal and state affirmative action guidelines, a 1391 projection of admissions or attendance at the limited gaming 1392 facility, a projection of gross receipts, and scientific market 1393 research pertaining to the proposed facility, if any. 1394 (l) Proof that the electors of the county in a countywide 1395 referendum have approved limited gaming at a resort in the 1396 county before the application deadline has been established by 1397 the commission for any district. However, a referendum is not 1398 required in any county where slot machine gaming as defined in 1399 s. 551.102(8), Florida Statutes, is currently conducted within a 1400 county. 1401 (m) A schedule or timeframe for completing the resort. 1402 (n) A plan for training residents of this state for jobs at 1403 the resort. The job-training plan must provide training to 1404 enable low-income persons to qualify for jobs at the resort. 1405 (o) The identity of each person, association, trust, or 1406 corporation or partnership having a direct or indirect equity 1407 interest in the applicant of greater than 5 percent. If 1408 disclosure of a trust is required under this paragraph, the 1409 names and addresses of the beneficiaries of the trust must also 1410 be disclosed. If the identity of a corporation must be 1411 disclosed, the names and addresses of all stockholders and 1412 directors must also be disclosed. If the identity of a 1413 partnership must be disclosed, the names and addresses of all 1414 partners, both general and limited, must also be disclosed. 1415 (p) A destination resort and limited gaming facility 1416 development plan. 1417 (q) The fingerprints of the all officers or directors of 1418 the applicant and qualifiers, and any persons exercising 1419 operational or managerial control of the applicant, as 1420 determined by rule of the commission, for a criminal history 1421 record check. 1422 (2) DISCRETION TO REQUIRE INFORMATION.—Notwithstanding any 1423 other provision of law, the commission is the sole authority for 1424 determining the information or documentation that must be 1425 included in an application for a resort license or in an 1426 application to renew a resort license. Such documentation and 1427 information may relate to: demographics, education, work 1428 history, personal background, criminal history, finances, 1429 business information, complaints, inspections, investigations, 1430 discipline, bonding, photographs, performance periods, 1431 reciprocity, local government approvals, supporting 1432 documentation, periodic reporting requirements, and fingerprint 1433 requirements. 1434 (3) DUTY TO SUPPLEMENT APPLICATION.—The application shall 1435 be supplemented as needed to reflect any material change in any 1436 circumstance or condition stated in the application which takes 1437 place between the initial filing of the application and the 1438 final grant or denial of the license. Any submission required to 1439 be in writing may otherwise be required by the commission to be 1440 made by electronic means. 1441 (4) CRIMINAL HISTORY CHECKS.—The commission may contract 1442 with private vendors, or enter into interagency agreements, to 1443 collect electronic fingerprints where fingerprints are required 1444 for licensure or where criminal history record checks are 1445 required. 1446 (5) APPLICATION FEES.— 1447 (a) The application for a resort license must be submitted 1448 along with a nonrefundable application fee of $1 million to be 1449 used by the commission to defray costs associated with the 1450 review and investigation of the application and to conduct a 1451 background investigation of the applicant and each qualifier. If 1452 the cost of the review and investigation exceeds $1 million, the 1453 applicant must pay the additional amount to the commission 1454 within 30 days after the receipt of a request for an additional 1455 payment. 1456 (b) The application for a destination resort license must 1457 be submitted with a one-time licensing fee of $50 million. If 1458 the commission denies the application, the commission must 1459 refund the licensing fee within 30 days after the denial of the 1460 application. If the applicant withdraws the application after 1461 the application deadline established by the commission, the 1462 commission must refund 80 percent of the licensing fee within 30 1463 days after the application is withdrawn. 1464 Section 19. Incomplete applications.— 1465 (1) An incomplete application for a resort license is 1466 grounds for the denial of the application. 1467 (2)(a) If the commission determines that an application for 1468 a resort license is incomplete, the executive director shall 1469 immediately provide written notice to the applicant of the 1470 incomplete items. The applicant may then request a confidential 1471 informal conference with the executive director or his designee 1472 to discuss the application. 1473 (b) The executive director shall provide the applicant an 1474 extension of 30 days to complete the application following the 1475 date of the informal conference. If the executive director finds 1476 that the application has not been completed within the 1477 extension, the applicant may appeal the finding to the 1478 commission. During an extension or the pendency of an appeal to 1479 the commission, the award of resort licenses in the applicable 1480 district is stayed. 1481 Section 20. Institutional investors as qualifiers.— 1482 (1) An application for a resort license that has an 1483 institutional investor as a qualifier need not contain 1484 information relating to the institutional investor other than 1485 the identity of the investor and information relating to 1486 qualifications under the Resort Act if the institutional 1487 investor: 1488 (a) Holds less than 5 percent of the equity securities or 5 1489 percent of the debt securities of an applicant or affiliate of 1490 the applicant; 1491 (b) Is a publicly traded corporation; and 1492 (c) Files a certified statement that the institutional 1493 investor does not intend to influence or affect the affairs of 1494 the applicant or an affiliate of the applicant and further 1495 states that its holdings of securities of the applicant or 1496 affiliate were purchased for investment purposes only. 1497 1498 The commission may limit the application requirements as 1499 provided in this subsection for an institutional investor that 1500 is a qualifier and that holds 5 percent or more of the equity or 1501 debt securities of an applicant or affiliate of the applicant 1502 upon a showing of good cause and if the conditions specified in 1503 paragraphs (b) and (c) are satisfied. 1504 (2) An institutional investor that is exempt from the full 1505 application requirements under this section and that 1506 subsequently intends to influence or affect the affairs of the 1507 issuer must first notify the commission of its intent and file 1508 an application containing all of the information that would have 1509 been required of the institutional investor in the application 1510 for a resort license. The commission may deny the application if 1511 it determines that granting the application will impair the 1512 financial stability of the licensee or impair the ability of the 1513 licensee to comply with its development plans or other plans 1514 submitted to the commission by the applicant or licensee. 1515 (3) An applicant for a license or a resort licensee or 1516 affiliate shall immediately notify the commission of any 1517 information concerning an institutional investor holding its 1518 equity or debt securities which may disqualify an institutional 1519 investor from having a direct or indirect interest in the 1520 applicant or licensee, and the commission may require the 1521 institutional investor to file all information that would have 1522 been required of the institutional investor in the application 1523 for a license. 1524 (4) If the commission finds that an institutional investor 1525 that is a qualifier fails to comply with the requirements of 1526 subsection (1) or, if at any time the commission finds that by 1527 reason of the extent or nature of its holdings an institutional 1528 investor is in a position to exercise a substantial impact upon 1529 the controlling interests of a licensee, the commission may 1530 require the institutional investor to file an application 1531 containing all of information that would have been required of 1532 the institutional investor in the application for a license. 1533 (5) Notwithstanding paragraph (1)(c), an institutional 1534 investor may vote on all matters that are put to the vote of the 1535 outstanding security holders of the applicant or licensee. 1536 Section 21. Lenders and underwriters; exemption as 1537 qualifiers.—A bank, lending institution, or any underwriter in 1538 connection with any bank or lending institution that, in the 1539 ordinary course of business, makes a loan to, or holds a 1540 security interest in, a licensee or applicant, a supplier 1541 licensee or applicant or its subsidiary, or direct or indirect 1542 parent company of any of the foregoing is not a qualifier and is 1543 not required to be licensed. 1544 Section 22. Conditions for a resort license.—As a condition 1545 to licensure and to maintain continuing authority, a resort 1546 licensee must: 1547 (1) Comply with the Resort Act and the rules of the 1548 commission. 1549 (2) Allow the commission and the Department of Law 1550 Enforcement unrestricted access to and right of inspection of 1551 facilities of a licensee in which any activity relative to the 1552 conduct of gaming is conducted. 1553 (3) Complete the resort in accordance with the plans and 1554 timeframe proposed to the commission in its application, unless 1555 a waiver is granted by the commission. 1556 (4) Ensure that the facilities-based computer system that 1557 the licensee will use for operational and accounting functions 1558 of the facility is specifically structured to facilitate 1559 regulatory oversight. The facilities-based computer system shall 1560 be designed to provide the commission and the Department of Law 1561 Enforcement with the ability to monitor, at any time on a real 1562 time basis, the wagering patterns, payouts, tax collection, and 1563 such other operations as necessary to determine whether the 1564 facility is in compliance with statutory provisions and rules 1565 adopted by the commission for the regulation and control of 1566 gaming. The commission and the Department of Law Enforcement 1567 shall have complete and continuous access to this system. Such 1568 access shall include the ability of either the commission or the 1569 Department of Law Enforcement to suspend play immediately on 1570 particular slot machines or gaming devices if monitoring of the 1571 system indicates possible tampering or manipulation of those 1572 slot machines or gaming devices or the ability to suspend play 1573 immediately of the entire operation if the tampering or 1574 manipulation is of the computer system itself. The computer 1575 system shall be reviewed and approved by the commission to 1576 ensure necessary access, security, and functionality. The 1577 commission may adopt rules to provide for the approval process. 1578 (5) Ensure that each game, slot machine, or other gaming 1579 device is protected from manipulation or tampering that may 1580 affect the random probabilities of winning plays. The commission 1581 or the Department of Law Enforcement may suspend play upon 1582 reasonable suspicion of any manipulation or tampering. If play 1583 has been suspended on any game, slot machine, or other gaming 1584 device, the commission or the Department of Law Enforcement may 1585 conduct an examination to determine whether the game, machine, 1586 or other gaming device has been tampered with or manipulated and 1587 whether the game, machine, or other gaming device should be 1588 returned to operation. 1589 (6) Submit a security plan, including the facilities’ floor 1590 plans, the locations of security cameras, and a listing of all 1591 security equipment that is capable of observing and 1592 electronically recording activities being conducted in the 1593 facilities of the licensee. The security plan must meet the 1594 minimum security requirements as determined by the commission 1595 and be implemented before the operation of gaming. The 1596 licensee’s facilities must adhere to the security plan at all 1597 times. Any changes to the security plan must be submitted by the 1598 licensee to the commission prior to implementation. The 1599 commission shall furnish copies of the security plan and changes 1600 in the plan to the Department of Law Enforcement. 1601 (7) Create and file with the commission a written policy 1602 for: 1603 (a) Creating opportunities to purchase from vendors in this 1604 state, including minority vendors. 1605 (b) Creating opportunities for the employment of residents 1606 of this state, including minority residents. 1607 (c) Ensuring opportunities for obtaining construction 1608 services from minority contractors. 1609 (d) Ensuring that opportunities for employment are offered 1610 on an equal, nondiscriminatory basis. 1611 (e) Training employees on responsible gaming and working 1612 with a compulsive or addictive gambling prevention program. 1613 (f) Implementing a drug-testing program that includes, but 1614 is not limited to, requiring each employee to sign an agreement 1615 that he or she understands that the resort is a drug-free 1616 workplace. 1617 (g) Using the Internet-based job-listing system of the 1618 Agency for Workforce Innovation in advertising employment 1619 opportunities. 1620 (h) Ensuring that the payout percentage of each slot 1621 machine is at least 85 percent. 1622 (8) A resort licensee shall keep and maintain permanent 1623 daily records of its limited gaming operations and shall 1624 maintain such records for a period of not less than 5 years. 1625 These records must include all financial transactions and 1626 contain sufficient detail to determine compliance with the 1627 requirements of the Resort Act. All records shall be available 1628 for audit and inspection by the commission, the Department of 1629 Law Enforcement, or other law enforcement agencies during the 1630 resort licensee’s regular business hours. 1631 Section 23. Surety bond.—A destination resort licensee 1632 must, at its own cost and expense, before the license is 1633 delivered, give a bond in the penal sum to be determined by the 1634 commission payable to the Governor of the state and her or his 1635 successors in office. The bond must be issued by a surety or 1636 sureties approved by the commission and the Chief Financial 1637 Officer and the bond must be conditioned on the licensee 1638 faithfully making the required payments to the Chief Financial 1639 Officer in her or his capacity as treasurer of the commission, 1640 keeping the licensee’s books and records and make reports as 1641 provided, and conducting its limited gaming activities in 1642 conformity with the Resort Act. The commission shall fix the 1643 amount of the bond at the total amount of annual license fees 1644 and the taxes estimated to become due as determined by the 1645 commission. In lieu of a bond, an applicant or licensee may 1646 deposit with the commission a like amount of funds, a savings 1647 certificate, a certificate of deposit, an investment 1648 certificate, or a letter of credit from a bank, savings bank, 1649 credit union, or savings and loan association situated in this 1650 state which meets the requirements set for that purpose by the 1651 Chief Financial Officer. If security is provided in the form of 1652 a savings certificate, a certificate of deposit, or an 1653 investment certificate, the certificate must state that the 1654 amount is unavailable for withdrawal except upon order of the 1655 commission. The commission may review the bond or other security 1656 for adequacy and require adjustments, including increasing the 1657 amount of the bond and other security. The commission may adopt 1658 rules to administer this section and establish guidelines for 1659 such bonds or other securities. 1660 Section 24. Conduct of limited gaming.— 1661 (1) Limited gaming may be conducted by a resort licensee, 1662 subject to the following: 1663 (a) The site of the limited gaming facility is limited to 1664 the resort licensee’s site location as approved by the 1665 commission. 1666 (b) Limited gaming may not be conducted by a resort 1667 licensee until the resort is completed according to the proposal 1668 approved by the commission. 1669 (c) The commission’s agents and employees may enter and 1670 inspect a limited gaming facility or other facilities relating 1671 to a resort licensee’s gaming operations at any time for the 1672 purpose of determining whether the licensee is in compliance 1673 with the Resort Act. 1674 (d) A resort licensee may lease or purchase gaming devices, 1675 equipment, or supplies customarily used in conducting gaming 1676 only from a licensed supplier. 1677 (e) A resort licensee may not permit any form of wagering 1678 on games except as permitted by the Resort Act. 1679 (f) A resort licensee may receive wagers only from a person 1680 present in the limited gaming facility. 1681 (g) A resort licensee may not permit wagering using money 1682 or other negotiable currency except for wagering on slot 1683 machines. 1684 (h) A resort licensee may not permit a person who is less 1685 than 21 years of age to engage in gaming activity or remain in 1686 an area of a limited gaming facility where gaming is being 1687 conducted, except for a limited gaming employee of the resort 1688 licensee who is at least 18 years of age. 1689 (i) A resort licensee may not sell or distribute tokens, 1690 chips, or electronic cards used to make wagers outside the 1691 limited gaming facility. The tokens, chips, or electronic cards 1692 may be purchased by means of an agreement under which the 1693 licensee extends credit to a wagerer. The tokens, chips, or 1694 electronic cards may be used only for the purpose of making 1695 wagers on games within a limited gaming facility. 1696 (j) All gaming activities must be conducted in accordance 1697 with commission rules. 1698 (2) A limited gaming facility may operate 24 hours per day, 1699 every day of the year. 1700 (3) A resort licensee may set the minimum and maximum 1701 wagers on all games. 1702 (4) A resort licensee shall give preference in employment, 1703 reemployment, promotion, and retention to veterans and to the 1704 persons included under s. 295.07(1), Florida Statutes, who 1705 possess the minimum qualifications necessary to perform the 1706 duties of the positions involved. 1707 (5) A resort licensee shall use the E-Verify program, or a 1708 similar program developed under the Immigration Reform and 1709 Control Act of 1986 or the Illegal Immigration Reform and 1710 Immigrant Responsibility Act of 1996, to verify the employment 1711 eligibility of all prospective employees. Applicants for a 1712 resort license must require that all contractors use such a 1713 program to verify the employment eligibility of their 1714 prospective employees. 1715 (6) The commission shall renew a resort license if: 1716 (a) The licensee has demonstrated an effort to increase 1717 tourism, generate jobs, provide revenue to the local economy, 1718 and provide revenue to the state General Revenue Fund. 1719 (b) The commission has not suspended or revoked the license 1720 of the licensee. 1721 (c) The licensee continues to satisfy all the requirements 1722 of the initial application for licensure. 1723 Section 25. License fee; tax rate; disposition.— 1724 (1) LICENSE FEE.—On the anniversary date of the issuance of 1725 the initial resort license and annually thereafter, the licensee 1726 must pay to the commission a nonrefundable annual license fee of 1727 $5 million. The license shall be renewed annually, unless the 1728 commission has revoked the license for a violation of the Resort 1729 Act or rule of the commission. The license fee shall be 1730 deposited into the Destination Resort Trust Fund to be used by 1731 the commission and the Department of Law Enforcement for 1732 investigations, regulation of limited gaming, and enforcement of 1733 the Resort Act. 1734 (2) GROSS RECEIPTS TAX.— 1735 (a) Each resort licensee shall pay a gross receipts tax on 1736 its gross receipts to the state. Upon completion of the resort 1737 and before limited gaming may be conducted, the resort licensee 1738 must submit proof, as required by the commission, of the total 1739 investment made in the construction of the resort. Upon 1740 submission of this information, the gross receipts tax rate 1741 shall be set as follows: 1742 1. If the total infrastructure investment is $2 billion or 1743 more, the tax rate shall be 10 percent of the gross receipts. 1744 2. If the total infrastructure investment is at least $1 1745 billion but less than $2 billion, the tax rate shall be 15 1746 percent of the gross receipts. 1747 3. If the total infrastructure investment is less than $1 1748 billion, the tax rate shall be 20 percent of the gross receipts. 1749 (b) The gross receipts tax is in lieu of any other state 1750 taxes on gross or adjusted gross receipts of a resort licensee. 1751 (3) TAX PROCEEDS.— 1752 (a) The gross receipts tax shall be deposited into the 1753 Destination Resort Trust Fund and shall be used to fund the 1754 operating costs of the commission pursuant to appropriations by 1755 the Legislature. 1756 (b) On June 30 of each year, all unappropriated funds in 1757 excess of $5 million shall be deposited as follows: 1758 1. Eighty-seven and 1/2 percent shall be deposited into the 1759 General Revenue Fund. 1760 2. Two and 1/2 percent shall be deposited into the Tourism 1761 Promotional Trust Fund for use by the Florida Commission on 1762 Tourism. 1763 3. One and 1/4 percent shall be deposited into the 1764 Employment Security Administration Trust Fund for the benefit of 1765 the school readiness program. 1766 4. One and 1/4 percent shall be deposited into the 1767 Transportation Disadvantaged Trust Fund for use by the 1768 Commission for the Transportation Disadvantaged. 1769 5. Two and 1/2 percent of the gross receipts tax collected 1770 shall be paid to the thoroughbred permitholders who are licensed 1771 to conduct slot machines pursuant to s. 551.104, Florida 1772 Statutes, in amounts equal to each permitholder’s racing dates 1773 operated in 2011 divided by the total number of racing dates 1774 operated by all thoroughbred permitholders. These funds shall be 1775 utilized to offset the statutory mandated purses under s. 1776 551.104(10), Florida Statutes. 1777 6. Two and 1/2 percent of the gross receipts tax collected 1778 shall be paid to the Florida Thoroughbred Breeders and Owners 1779 Association, Inc., for the payment of breeders, stallion, and 1780 special racing awards, including the administrative fee 1781 authorized in s. 550.2625(3), Florida Statutes, on live 1782 thoroughbred races conducted at licensed thoroughbred pari 1783 mutuel facilities. These funds, to be governed by the board of 1784 directors of the Florida Thoroughbred Breeders and Owners 1785 Association, Inc., may provide for, but not be limited to, use 1786 for capital expenditures that will drive economic growth and 1787 continue to provide jobs for the Ocala/Marion County area and 1788 for Florida’s thoroughbred industry, including the 1789 rehabilitation or retirement of thoroughbred racehorses, equine 1790 research, education, and civic and industry-related service 1791 organizations and charities, while continuing the preservation 1792 of over 100,000 acres in production for thoroughbred breeding, 1793 training, and other equine activities. The amounts provided 1794 therein shall be remitted monthly. 1795 7. Two and 1/2 percent of the gross receipts tax collected 1796 shall be provided to the permitholders conducting live greyhound 1797 or harness racing or jai alai games to offset purse requirements 1798 pursuant to a contractual arrangement between each permitholder 1799 and the greyhound owners, the standardbred owners, and the jai 1800 alai players and shall be paid to such permitholders who are 1801 licensed to conduct slot machines pursuant to s. 551.104, 1802 Florida Statutes, in amounts equal to each such permitholder’s 1803 total purses paid on live racing or games divided by the total 1804 amount of purses paid by all such permitholders. 1805 Section 26. Fingerprint requirements.—Any fingerprints 1806 required to be taken under the Resort Act must be taken in a 1807 manner approved by, and shall be submitted electronically by the 1808 commission to, the Department of Law Enforcement. The Department 1809 of Law Enforcement shall submit the results of the state and 1810 national records check to the commission. The commission shall 1811 consider the results of the state and national records check in 1812 evaluating an application for any license. 1813 (1) The cost of processing fingerprints and conducting a 1814 criminal history record check shall be borne by the applicant. 1815 The Department of Law Enforcement may submit a monthly invoice 1816 to the commission for the cost of processing the fingerprints 1817 submitted. 1818 (2) All fingerprints submitted to the Department of Law 1819 Enforcement pursuant to the Resort Act shall be retained by the 1820 Department of Law Enforcement and entered into the statewide 1821 automated fingerprint identification system as authorized by s. 1822 943.05(2)(b), Florida Statutes, and shall be available for all 1823 purposes and uses authorized for arrest fingerprint cards 1824 entered into the statewide automated fingerprint identification 1825 system pursuant to s. 943.051, Florida Statutes. 1826 (3) The Department of Law Enforcement shall search all 1827 arrest fingerprints received pursuant to s. 943.051, Florida 1828 Statutes, against the fingerprints retained in the statewide 1829 automated fingerprint identification system. Any arrest record 1830 that is identified with the retained fingerprints of a person 1831 subject to the criminal history screening under the Resort Act 1832 shall be reported to the commission. Each licensee shall pay a 1833 fee to the commission for the cost of retention of the 1834 fingerprints and the ongoing searches under this subsection. The 1835 commission shall forward the payment to the Department of Law 1836 Enforcement. The amount of the fee to be imposed for performing 1837 these searches and the procedures for the retention of licensee 1838 fingerprints shall be as established by rule of the Department 1839 of Law Enforcement. The commission shall inform the Department 1840 of Law Enforcement of any change in the license status of 1841 licensees whose fingerprints are retained under subsection (2). 1842 (4) The commission shall request the Department of Law 1843 Enforcement to forward the fingerprints to the Federal Bureau of 1844 Investigation for a national criminal history records check 1845 every 3 years following issuance of a license. If the 1846 fingerprints of a person who is licensed have not been retained 1847 by the Department of Law Enforcement, the person must file 1848 another set of fingerprints. The commission shall collect the 1849 fees for the cost of the national criminal history record check 1850 under this subsection and shall forward the payment to the 1851 Department of Law Enforcement. The cost of processing 1852 fingerprints and conducting a criminal history record check 1853 under this paragraph shall be borne by the licensee or 1854 applicant. The Department of Law Enforcement may submit an 1855 invoice to the commission for the fingerprints submitted each 1856 month. Under penalty of perjury, each person who is licensed or 1857 who is fingerprinted as required by this section must agree to 1858 inform the commission within 48 hours if he or she is convicted 1859 of or has entered a plea of guilty or nolo contendere to any 1860 disqualifying offense, regardless of adjudication. 1861 Section 27. Compulsive or addictive gambling prevention 1862 program.— 1863 (1) A resort licensee shall offer training to employees on 1864 responsible gaming and shall work with a compulsive or addictive 1865 gambling prevention program to recognize problem gaming 1866 situations and to implement responsible gaming programs and 1867 practices. 1868 (2) The commission shall, subject to competitive bidding, 1869 contract for services relating to the prevention of compulsive 1870 and addictive gambling. The contract shall provide for an 1871 advertising program to encourage responsible gaming practices 1872 and to publicize a gambling telephone help line. Such 1873 advertisements must be made both publicly and inside the 1874 resort’s limited gaming facility. The terms of any contract for 1875 such services shall include accountability standards that must 1876 be met by any private provider. The failure of any private 1877 provider to meet any material terms of the contract, including 1878 the accountability standards, constitutes a breach of contract 1879 or is grounds for nonrenewal. The commission may consult with 1880 the Department of the Lottery or the Department of Business and 1881 Professional Regulation in the development of the program and 1882 the development and analysis of any procurement for contractual 1883 services for the compulsive or addictive gambling prevention 1884 program. 1885 (3) The compulsive or addictive gambling prevention program 1886 shall be funded from an annual nonrefundable regulatory fee of 1887 $250,000 paid by each resort licensee to the commission. 1888 Section 28. Suppliers’ licenses.— 1889 (1) A person must have a supplier’s license in order to 1890 furnish on a regular or continuing basis to a resort licensee or 1891 an applicant for a resort license gaming equipment, devices, or 1892 supplies or other goods or services regarding the realty, 1893 construction, maintenance, or business of a proposed or existing 1894 resort facility. This requirement includes, but is not limited 1895 to, junket enterprises, security businesses, manufacturers, 1896 distributors, persons who service gaming devices or equipment, 1897 garbage haulers, maintenance companies, food purveyors, and 1898 construction companies. 1899 (2) An applicant for a supplier’s license must apply to the 1900 commission on forms adopted by the commission by rule. The 1901 licensing fee for the initial and annual renewal of the license 1902 is $5,000. 1903 (3) An applicant for a supplier’s license must include in 1904 the application the fingerprints of the persons identified by 1905 commission rule for the processing of state and national 1906 criminal history record checks. 1907 (4)(a) An applicant for a supplier’s license is not 1908 eligible for licensure if: 1909 1. A person for whom fingerprinting is required under 1910 subsection (3) has been convicted of a felony under the laws of 1911 this or any other state or the United States; 1912 2. The applicant knowingly submitted false information in 1913 the application for a supplier’s license; 1914 3. The applicant is a member of the commission; 1915 4. The applicant is not a natural person and an officer, 1916 director, or managerial employee of that person is a person 1917 defined in subparagraphs 1.-3.; 1918 5. The applicant is not a natural person and an employee of 1919 the applicant participates in the management or operation of 1920 limited gaming authorized under the Resort Act; or 1921 6. The applicant has had a license to own or operate a 1922 resort facility or pari-mutuel facility in this or a similar 1923 license in any other jurisdiction revoked. 1924 (b) The commission may revoke a supplier’s license at any 1925 time it determines that the licensee no longer satisfies the 1926 eligibility requirements in this subsection. 1927 (5) The commission may deny an application for a supplier’s 1928 license for any person: 1929 (a) Who is not qualified to perform the duties required of 1930 the licensee; 1931 (b) Who fails to disclose information or knowingly submits 1932 false information in the application; 1933 (c) Who has violated the Resort Act or rules of the 1934 commission; or 1935 (d) Who has had a gaming-related license or application 1936 suspended, restricted, revoked, or denied for misconduct in any 1937 other jurisdiction. 1938 (6) A supplier licensee shall: 1939 (a) Furnish to the commission a list of all gaming 1940 equipment, devices, and supplies it offers for sale or lease in 1941 connection with limited gaming authorized in the Resort Act; 1942 (b) Keep books and records documenting the furnishing of 1943 gaming equipment, devices, and supplies to resort licensees 1944 separate and distinct from any other business that the supplier 1945 operates; 1946 (c) File quarterly returns with the commission listing all 1947 sales or leases of gaming equipment, devices, or supplies to 1948 resort licensees; 1949 (d) Permanently affix its name to all gaming equipment, 1950 devices, or supplies sold or leased to licensees; and 1951 (e) File an annual report listing its inventories of gaming 1952 equipment, devices, and supplies. 1953 (7) All gaming devices, equipment, or supplies furnished by 1954 a licensed supplier must conform to standards adopted by 1955 commission rule. 1956 (8)(a) The commission may suspend, revoke, or restrict the 1957 supplier’s license of a licensee: 1958 1. Who violates the Resort Act or the rules of the 1959 commission; or 1960 2. Who defaults on the payment of any obligation or debt 1961 due to this state or a county. 1962 (b) The commission must revoke the supplier’s license of a 1963 licensee for any cause that, if known to the commission, would 1964 have disqualified the applicant from receiving a license. 1965 (9) A supplier’s licensee may repair gaming equipment, 1966 devices, or supplies in a facility owned or leased by the 1967 licensee. 1968 (10) Gaming devices, equipment, or supplies owned by a 1969 supplier’s licensee which are used in an unauthorized gaming 1970 operation shall be forfeited to the county where the equipment 1971 is found. 1972 (11) The commission may revoke the license or deny the 1973 application for a supplier’s license of a person who fails to 1974 comply with this section. 1975 (12) A person who knowingly makes a false statement on an 1976 application for a supplier’s license commits a misdemeanor of 1977 the first degree, punishable as provided in s. 775.082 or s. 1978 775.083, Florida Statutes. 1979 Section 29. Occupational licenses.— 1980 (1) The Legislature finds that, due to the nature of their 1981 employment, some gaming employees require heightened state 1982 scrutiny, including licensing and criminal history record 1983 checks. 1984 (2) Any person who desires to be a gaming employee and has 1985 a bona fide offer of employment from a licensed gaming entity 1986 shall apply to the commission for an occupational license. A 1987 person may not be employed as a gaming employee unless that 1988 person holds an appropriate occupational license issued under 1989 this section. The commission may adopt rules to reclassify a 1990 category of nongaming employees or gaming employees upon a 1991 finding that the reclassification is in the public interest and 1992 consistent with the objectives of the Resort Act. 1993 (3) An applicant for an occupational license must apply to 1994 the commission on forms adopted by the commission by rule. An 1995 occupational license is valid for 1 year following issuance. The 1996 application must be accompanied by the licensing fee set by the 1997 commission. The licensing fee may not exceed $50 for an employee 1998 of a resort licensee. 1999 (a) The applicant shall set forth in the application 2000 whether the applicant: 2001 1. Has been issued a gaming-related license in any 2002 jurisdiction. 2003 2. Has been issued a gaming-related license in any other 2004 jurisdiction under any other name and, if so, the name and the 2005 applicant’s age at the time of licensure. 2006 3. Has had a permit or license issued by another 2007 jurisdiction suspended, restricted, or revoked and, if so, for 2008 what period of time. 2009 (b) An applicant for an occupational license must include 2010 his or her fingerprints in the application. 2011 (4) To be eligible for an occupational license, an 2012 applicant must: 2013 (a) Be at least 21 years of age to perform any function 2014 directly relating to limited gaming by patrons; 2015 (b) Be at least 18 years of age to perform nongaming 2016 functions; 2017 (c) Not have been convicted of a felony or a crime 2018 involving dishonesty or moral turpitude in any jurisdiction; and 2019 (d) Meet the standards for the occupational license as 2020 provided in commission rules. 2021 (5) The commission must deny an application for an 2022 occupational license for any person: 2023 (a) Who is not qualified to perform the duties required of 2024 the licensee; 2025 (b) Who fails to disclose or knowingly submits false 2026 information in the application; 2027 (c) Who has violated the Resort Act; or 2028 (d) Who has had a gaming-related license or application 2029 suspended, restricted, revoked, or denied in any other 2030 jurisdiction. 2031 (6)(a) The commission may suspend, revoke, or restrict the 2032 occupational license of a licensee: 2033 1. Who violates the Resort Act or the rules of the 2034 commission; 2035 2. Who defaults on the payment of any obligation or debt 2036 due to this state or a county; or 2037 3. For any just cause. 2038 (b) The commission shall revoke the occupational license of 2039 a licensee for any cause that, if known to the commission, would 2040 have disqualified the applicant from receiving a license. 2041 (7) Any training provided for an occupational licensee may 2042 be conducted in the facility of a resort licensee or at a school 2043 with which the resort licensee has entered into an agreement for 2044 that purpose. 2045 (8) A person who knowingly makes a false statement on an 2046 application for an occupational license commits a misdemeanor of 2047 the first degree, punishable as provided in s. 775.082 or s. 2048 775.083, Florida Statutes. 2049 Section 30. Temporary supplier’s license; temporary 2050 occupational license.— 2051 (1) Upon the written request of an applicant for a 2052 supplier’s license or an occupational license, the executive 2053 director shall issue a temporary license to the applicant and 2054 permit the applicant to undertake employment with or provide 2055 gaming equipment, devices, or supplies or other goods or 2056 services to a resort licensee or an applicant for a resort 2057 license if: 2058 (a) The applicant has submitted a completed application, an 2059 application fee, all required disclosure forms, and other 2060 required written documentation and materials; 2061 (b) A preliminary review of the application and the 2062 criminal history record check does not reveal that the applicant 2063 or a person subject to a criminal history record check has been 2064 convicted of a crime that would require denial of the 2065 application; 2066 (c) A deficiency does not appear to exist in the 2067 application which may require denial of the application; and 2068 (d) The applicant has an offer of employment from, or an 2069 agreement to begin providing gaming devices, equipment, or 2070 supplies or other goods and services to, a resort licensee or an 2071 applicant for a resort license, or the applicant for a temporary 2072 license shows good cause for being granted a temporary license. 2073 (2) A temporary occupational license or supplier’s license 2074 may not be valid for more than 90 days. 2075 (3) An applicant who receives a temporary license may 2076 undertake employment with or supply a resort licensee with 2077 gaming devices, equipment, or supplies or other goods or 2078 services until a license is issued or denied or until the 2079 temporary license expires or is suspended or revoked. 2080 Section 31. Quarterly report.—The commission shall file 2081 quarterly reports with the Governor, the President of the 2082 Senate, and the Speaker of the House of Representatives covering 2083 the previous fiscal quarter. The report must include: 2084 (1) A statement of receipts and disbursements related to 2085 limited gaming; 2086 (2) A summary of disciplinary actions taken by the 2087 commission; and 2088 (3) Any additional information and recommendations that the 2089 commission believes may improve the regulation of limited gaming 2090 or increase the economic benefits of limited gaming to this 2091 state. 2092 Section 32. Hearings by the commission.— 2093 (1) The chair of the commission may participate in any 2094 proceeding pending before the commission when administrative 2095 duties and time permit. In order to distribute the workload and 2096 expedite the commission’s calendar, the chair, in addition to 2097 other administrative duties, may assign the various proceedings 2098 pending before the commission requiring hearings to two or more 2099 commissioners. Only those commissioners assigned to a proceeding 2100 requiring hearings may participate in the final decision of the 2101 commission as to that proceeding. However, if only two 2102 commissioners are assigned to a proceeding requiring a hearing 2103 and they cannot agree on a final decision, the chair shall cast 2104 the deciding vote for final disposition of the proceeding. If 2105 more than two commissioners are assigned to any proceeding, a 2106 majority of the members assigned shall constitute a quorum and a 2107 majority vote of the members assigned shall be essential to 2108 final commission disposition of those proceedings. If a 2109 commissioner becomes unavailable after assignment to a 2110 particular proceeding, the chair must assign a substitute 2111 commissioner. A petition for reconsideration must be voted upon 2112 by those commissioners participating in the final disposition of 2113 the proceeding. 2114 (2) A majority of the commissioners may determine that the 2115 full commission will sit in any proceeding. Any party to a 2116 proceeding may file a petition requesting that the proceeding be 2117 assigned to the full commission. Within 15 days after receipt by 2118 the commission of any petition, the full commission must dispose 2119 of such petition by majority vote and render a written decision 2120 before the matter may be heard by less than the full commission. 2121 (3) This section does not prohibit a commissioner 2122 designated by the chair from conducting a hearing as provided 2123 under ss. 120.569 and 120.57(1), Florida Statutes, and the rules 2124 of the commission. 2125 Section 33. Resolution of disputes between licensees and 2126 patrons.— 2127 (1) Whenever a resort licensee has a dispute with a patron 2128 which is not resolved to the satisfaction of the patron and 2129 involves: 2130 (a) Alleged winnings, alleged losses, or the award or 2131 distribution of cash, prizes, benefits, tickets, or any other 2132 item or items in a game, tournament, contest, drawing, 2133 promotion, race, or similar activity or event; or 2134 (b) The manner in which a game, tournament, contest, 2135 drawing, promotion, race, or similar activity or event was 2136 conducted, 2137 2138 the licensee must immediately notify the commission of the 2139 dispute if the amount disputed is $500 or more. If the dispute 2140 involves an amount less than $500, the licensee must immediately 2141 notify the patron of his or her right to file a complaint with 2142 the commission. 2143 (2) Upon notice of a dispute or receipt of a complaint, the 2144 commission shall conduct any investigation it deems necessary 2145 and may order the licensee to make a payment to the patron upon 2146 a finding that the licensee is liable for the disputed amount. 2147 The decision of the commission is effective on the date the 2148 aggrieved party receives notice of the decision. Notice of the 2149 decision is deemed sufficient if it is mailed to the last known 2150 address of the licensee and the patron. The notice is deemed to 2151 have been received by the resort licensee or the patron 5 days 2152 after it is deposited with the United States Postal Service with 2153 postage prepaid. 2154 (3) The failure of a resort licensee to notify the 2155 commission of the dispute or the patron of the right to file a 2156 complaint is grounds for disciplinary action. 2157 Section 34. Enforcement of credit instruments.— 2158 (1) A credit instrument and the debt that instrument 2159 represents are valid and may be enforced by legal process. 2160 (2) A resort licensee may accept an incomplete credit 2161 instrument that: 2162 (a) Is signed by the patron; and 2163 (b) States the amount of the debt in numbers, and may 2164 complete the instrument as is necessary for the instrument to be 2165 presented for payment. 2166 (3) A resort licensee may accept a credit instrument that 2167 is payable to an affiliate or may complete a credit instrument 2168 payable to an affiliate if the credit instrument otherwise 2169 complies with this section and the records of the affiliate 2170 pertaining to the credit instrument are made available to the 2171 commission upon request. 2172 (4) A resort licensee may accept a credit instrument 2173 before, during, or after the patron incurs the debt. The credit 2174 instrument and the debt that the instrument represents are 2175 enforceable without regard to whether the credit instrument was 2176 accepted before, during, or after the incurring of the debt. 2177 (5) This section does not prohibit the establishment of an 2178 account by a deposit of cash, recognized traveler’s check, or 2179 any other instrument that is equivalent to cash. 2180 (6) If a credit instrument is lost or destroyed, the debt 2181 represented by the credit instrument may be enforced if the 2182 resort licensee or person acting on behalf of the licensee can 2183 prove the existence of the credit instrument. 2184 (7) The existence of a mental disorder in a patron who 2185 provides a credit instrument to a resort licensee: 2186 (a) Is not a defense in any action by a resort licensee to 2187 enforce a credit instrument or the debt that the credit 2188 instrument represents. 2189 (b) Is not a valid counterclaim in an action to enforce the 2190 credit instrument or the debt that the credit instrument 2191 represents. 2192 (8) The failure of a resort licensee to comply with the 2193 provisions of this section or commission rules does not 2194 invalidate a credit instrument or affect its ability to enforce 2195 the credit instrument or the debt that the credit instrument 2196 represents. 2197 (9) The commission may adopt rules prescribing the 2198 conditions under which a credit instrument may be redeemed or 2199 presented to a bank or credit union for collection or payment. 2200 Section 35. Voluntary self-exclusion from a limited gaming 2201 facility.— 2202 (1) A person may request that he or she be excluded from 2203 limited gaming facilities in this state by personally submitting 2204 a Request for Voluntary Self-exclusion from Limited Gaming 2205 Facilities Form to the commission. The form must require the 2206 person requesting exclusion to: 2207 (a) State his or her: 2208 1. Name, including any aliases or nicknames; 2209 2. Date of birth; 2210 3. Current residential address; 2211 4. Telephone number; 2212 5. Social security number; and 2213 6. Physical description, including height, weight, gender, 2214 hair color, eye color, and any other physical characteristic 2215 that may assist in the identification of the person. 2216 2217 A self-excluded person must update the information in this 2218 paragraph on forms supplied by the commission within 30 days 2219 after any change. 2220 (b) Select one of the following as the duration of the 2221 self-exclusion: 2222 1. One year. 2223 2. Five years. 2224 3. Lifetime. 2225 (c) Execute a release in which the person: 2226 1. Acknowledges that the request for exclusion has been 2227 made voluntarily. 2228 2. Certifies that the information provided in the request 2229 for self-exclusion is true and correct. 2230 3. Acknowledges that the individual requesting self 2231 exclusion is a problem gambler. 2232 4. Acknowledges that a person requesting a lifetime 2233 exclusion will not be removed from the self-exclusion list and 2234 that a person requesting a 1-year or 5-year exclusion will 2235 remain on the self-exclusion list until a request for removal is 2236 approved by the commission. 2237 5. Acknowledges that, if the individual is discovered on 2238 the gaming floor of a limited gaming facility, the individual 2239 may be removed and may be arrested and prosecuted for criminal 2240 trespass. 2241 6. Releases, indemnifies, holds harmless, and forever 2242 discharges the state, commission, and all licensee from any 2243 claims, damages, losses, expenses, or liability arising out of, 2244 by reason of or relating to the self-excluded person or to any 2245 other party for any harm, monetary or otherwise, which may arise 2246 as a result of one or more of the following: 2247 a. The failure of a resort licensee to withhold gaming 2248 privileges from or restore gaming privileges to a self-excluded 2249 person. 2250 b. Permitting or prohibiting a self-excluded person from 2251 engaging in gaming activity in a limited gaming facility. 2252 (2) A person submitting a self-exclusion request must 2253 present to the commission a government-issued form of 2254 identification containing the person’s signature. 2255 (3) The commission shall take a photograph of a person 2256 requesting self-exclusion at the time the person submits a 2257 request for self-exclusion. 2258 Section 36. Slot machine licensees.—Notwithstanding any law 2259 to the contrary, if a resort licensee receives final 2260 authorization to conduct limited gaming activities in Miami-Dade 2261 County or Broward County, a pari-mutuel facility licensed to 2262 operate slot machine gaming under s. 551.104, Florida Statutes, 2263 may conduct all games, including such games identified in the 2264 Destination Resort Act as limited gaming, during the same hours 2265 of operation and limits of wagering authorized for a resort 2266 licensee. However, before conducting limited gaming, such 2267 licensee is subject to the provisions of subsection (3) of 2268 section 17. The facility shall pay the same tax on gross 2269 receipts as the resort licensee located within Miami-Dade County 2270 or Broward County. For purposes of this section, the term “final 2271 authorization” means the anticipated opening date of the resort 2272 casino, or the actual opening date, whichever occurs first. 2273 Section 37. Section 849.15, Florida Statutes, is amended to 2274 read: 2275 849.15 Manufacture, sale, possession, etc., of coin 2276 operated devices prohibited.— 2277 (1) It is unlawful: 2278 (a) To manufacture, own, store, keep, possess, sell, rent, 2279 lease, let on shares, lend or give away, transport, or expose 2280 for sale or lease, or to offer to sell, rent, lease, let on 2281 shares, lend or give away, or permit the operation of, or for 2282 any person to permit to be placed, maintained, or used or kept 2283 in any room, space, or building owned, leased or occupied by the 2284 person or under the person’s management or control, any slot 2285 machine or device or any part thereof; or 2286 (b) To make or to permit to be made with any person any 2287 agreement with reference to any slot machine or device, pursuant 2288 to which the user thereof, as a result of any element of chance 2289 or other outcome unpredictable to him or her, may become 2290 entitled to receive any money, credit, allowance, or thing of 2291 value or additional chance or right to use such machine or 2292 device, or to receive any check, slug, token or memorandum 2293 entitling the holder to receive any money, credit, allowance or 2294 thing of value. 2295 (2) Pursuant to section 2 of that chapter of the Congress 2296 of the United States entitled “An act to prohibit transportation 2297 of gaming devices in interstate and foreign commerce,” approved 2298 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also 2299 designated as 15 U.S.C. ss. 1171-1177, the State of Florida, 2300 acting by and through the duly elected and qualified members of 2301 its Legislature, does hereby in this section, and in accordance 2302 with and in compliance with the provisions of section 2 of such 2303 chapter of Congress, declare and proclaim that any county of the 2304 State of Florida within which slot machine gaming is authorized 2305 pursuant to the Destination Resort Act, sections 3 through 36 of 2306 this act, or chapter 551 is exempt from the provisions of 2307 section 2 of that chapter of the Congress of the United States 2308 entitled “An act to prohibit transportation of gaming devices in 2309 interstate and foreign commerce,” designated as 15 U.S.C. ss. 2310 1171-1177, approved January 2, 1951. All shipments of gaming 2311 devices, including slot machines, into any county of this state 2312 within which slot machine gaming is authorized pursuant to the 2313 Destination Resort Act, sections 3 through 36 of this act, or 2314 chapter 551 and the registering, recording, and labeling of 2315 which have been duly performed by the manufacturer or 2316 distributor thereof in accordance with sections 3 and 4 of that 2317 chapter of the Congress of the United States entitled “An act to 2318 prohibit transportation of gaming devices in interstate and 2319 foreign commerce,” approved January 2, 1951, being ch. 1194, 64 2320 Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177, 2321 shall be deemed legal shipments thereof into this state provided 2322 the destination of such shipments is an eligible facility as 2323 defined in s. 551.102,
orthe facility of a slot machine 2324 manufacturer or slot machine distributor as provided in s. 2325 551.109(2)(a), or the facility of a resort licensee or supplier 2326 licensee under the Destination Resort Act, sections 3 through 36 2327 of this act. 2328 Section 38. Section 849.231, Florida Statutes, is amended 2329 to read: 2330 849.231 Gambling devices; manufacture, sale, purchase or 2331 possession unlawful.— 2332 (1) Except in instances when the following described 2333 implements or apparatus are being held or transported by 2334 authorized persons for the purpose of destruction, as 2335 hereinafter provided, and except in instances when the following 2336 described instruments or apparatus are being held, sold, 2337 transported, or manufactured by persons who have registered with 2338 the United States Government pursuant to the provisions of Title 2339 15 of the United States Code, ss. 1171 et seq., as amended, so 2340 long as the described implements or apparatus are not displayed 2341 to the general public, sold for use in Florida, or held or 2342 manufactured in contravention of the requirements of 15 U.S.C. 2343 ss. 1171 et seq., it shall be unlawful for any person to 2344 manufacture, sell, transport, offer for sale, purchase, own, or 2345 have in his or her possession any roulette wheel or table, faro 2346 layout, crap table or layout, chemin de fer table or layout, 2347 chuck-a-luck wheel, bird cage such as used for gambling, bolita 2348 balls, chips with house markings, or any other device, 2349 implement, apparatus, or paraphernalia ordinarily or commonly 2350 used or designed to be used in the operation of gambling houses 2351 or establishments, excepting ordinary dice and playing cards. 2352 (2) In addition to any other penalties provided for the 2353 violation of this section, any occupational license held by a 2354 person found guilty of violating this section shall be suspended 2355 for a period not to exceed 5 years. 2356 (3) This section and s. 849.05 do not apply to a vessel of 2357 foreign registry or a vessel operated under the authority of a 2358 country except the United States, while docked in this state or 2359 transiting in the territorial waters of this state. 2360 (4) This section does not apply to slot machine licensees 2361 authorized under chapter 551 or limited gaming authorized by 2362 sections 3 through 36 of this act. 2363 Section 39. Section 849.25, Florida Statutes, is amended to 2364 read: 2365 849.25 “Bookmaking” defined; penalties; exceptions.— 2366 (1)(a) The term “bookmaking” means the act of taking or 2367 receiving, while engaged in the business or profession of 2368 gambling, any bet or wager upon the result of any trial or 2369 contest of skill, speed, power, or endurance of human, beast, 2370 fowl, motor vehicle, or mechanical apparatus or upon the result 2371 of any chance, casualty, unknown, or contingent event 2372 whatsoever. 2373 (b) The following factors shall be considered in making a 2374 determination that a person has engaged in the offense of 2375 bookmaking: 2376 1. Taking advantage of betting odds created to produce a 2377 profit for the bookmaker or charging a percentage on accepted 2378 wagers. 2379 2. Placing all or part of accepted wagers with other 2380 bookmakers to reduce the chance of financial loss. 2381 3. Taking or receiving more than five wagers in any single 2382 day. 2383 4. Taking or receiving wagers totaling more than $500 in 2384 any single day, or more than $1,500 in any single week. 2385 5. Engaging in a common scheme with two or more persons to 2386 take or receive wagers. 2387 6. Taking or receiving wagers on both sides on a contest at 2388 the identical point spread. 2389 7. Any other factor relevant to establishing that the 2390 operating procedures of such person are commercial in nature. 2391 (c) The existence of any two factors listed in paragraph 2392 (b) may constitute prima facie evidence of a commercial 2393 bookmaking operation. 2394 (2) Any person who engages in bookmaking commits shall be2395 guilty ofa felony of the third degree, punishable as provided 2396 in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the 2397 provisions of s. 948.01, any person convicted under the 2398 provisions of this subsection shall not have adjudication of 2399 guilt suspended, deferred, or withheld. 2400 (3) Any person who has been convicted of bookmaking and 2401 thereafter violates the provisions of this section commits shall2402 be guilty ofa felony of the second degree, punishable as 2403 provided in s. 775.082, s. 775.083, or s. 775.084. 2404 Notwithstanding the provisions of s. 948.01, any person 2405 convicted under the provisions of this subsection shall not have 2406 adjudication of guilt suspended, deferred, or withheld. 2407 (4) Notwithstanding the provisions of s. 777.04, any person 2408 who is guilty of conspiracy to commit bookmaking is shall be2409 subject to the penalties imposed by subsections (2) and (3). 2410 (5) This section does shallnot apply to pari-mutuel 2411 wagering in Florida as authorized under chapter 550. 2412 (6) This section does shallnot apply to any prosecutions 2413 filed and pending at the time of the passage hereof, but all 2414 such cases shall be disposed of under existing laws at the time 2415 of the institution of such prosecutions. 2416 (7) This section does not apply to limited gaming as 2417 authorized in the Destination Resort Act, sections 3 through 36 2418 of this act. 2419 Section 40. Effective July 1, 2013, all powers, duties, 2420 functions, records, personnel, property, and unexpended balances 2421 of appropriations, allocations, or other funds for the 2422 administration of chapter 551, Florida Statutes, are transferred 2423 intact by a type two transfer, as defined in s. 20.06(2), 2424 Florida Statutes, from the Division of Pari-mutuel Wagering of 2425 the Department of Business and Professional Regulation to the 2426 Destination Resort Commission. 2427 Section 41. If any provision of this act or its application 2428 to any person or circumstance is held invalid, the invalidity 2429 does not affect other provisions or applications of the act 2430 which can be given effect without the invalid provision or 2431 application, and to this end the provisions of this act are 2432 severable. 2433 Section 42. This act shall take effect July 1, 2011.