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, or the 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 be
 2395  guilty of a 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 shall
 2402  be guilty of a 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 be
 2409  subject to the penalties imposed by subsections (2) and (3).
 2410         (5) This section does shall not apply to pari-mutuel
 2411  wagering in Florida as authorized under chapter 550.
 2412         (6) This section does shall not 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.