| 1 | A bill to be entitled |
| 2 | An act relating to Internet poker; creating the "Internet |
| 3 | Poker Consumer Protection and Revenue Generation Act of |
| 4 | 2011"; providing for intrastate Internet poker to be |
| 5 | provided to the public by cardroom operators through a |
| 6 | state Internet poker network operated by licensed Internet |
| 7 | poker hub operators; creating s. 849.087, F.S.; providing |
| 8 | legislative intent; providing definitions; authorizing |
| 9 | participation in and operation of intrastate Internet |
| 10 | poker; providing for the Division of Pari-mutuel Wagering |
| 11 | of the Department of Business and Professional Regulation |
| 12 | to administer the act and regulate the operation of a |
| 13 | state Internet poker network, Internet poker hub |
| 14 | operators, cardroom affiliates, and the playing of |
| 15 | intrastate Internet poker; authorizing the division to |
| 16 | adopt rules, conduct investigations and monitor |
| 17 | operations, review books and accounts and records, suspend |
| 18 | or revoke any license or permit for a violation, take |
| 19 | testimony, issue summons and subpoenas, monitor and ensure |
| 20 | the proper collection of taxes and fees, and monitor and |
| 21 | ensure that the playing of Internet poker is conducted |
| 22 | fairly and that player information is protected by |
| 23 | Internet poker hub operators; requiring Internet poker hub |
| 24 | operators to be licensed; providing qualifications and |
| 25 | conditions for licensure; providing application |
| 26 | requirements; providing for an advance payment to be |
| 27 | credited toward taxes; providing initial and renewal |
| 28 | license fees; providing for selection of Internet poker |
| 29 | hub operators through competitive procurement process; |
| 30 | requiring payment of certain cost and refund of amount |
| 31 | collected in excess of the cost; requiring a surety bond; |
| 32 | providing for a contract between the state and the poker |
| 33 | hub operator; requiring the division to annually determine |
| 34 | need for additional operators; providing for a cardroom |
| 35 | affiliate license to be issued to a cardroom operator to |
| 36 | provide intrastate Internet poker for play; providing for |
| 37 | applications for the affiliate license and renewal |
| 38 | thereof; providing conditions for licensure and renewal of |
| 39 | licensure as an affiliate; requiring reporting to and |
| 40 | approval by the division of a change of ownership of the |
| 41 | affiliate licensee; prohibiting certain acts by an |
| 42 | affiliate; providing a fee; providing for employee and |
| 43 | business occupational licenses; requiring certain |
| 44 | employees of and certain companies doing business with a |
| 45 | cardroom affiliate or an Internet poker hub operator to |
| 46 | hold an appropriate occupational license; prohibiting such |
| 47 | operator or affiliate from employing or allowing to be |
| 48 | employed such a person or doing business with such a |
| 49 | company if that person or company does not hold an |
| 50 | occupational license; directing the division to adopt |
| 51 | rules regarding Internet poker hub operator, cardroom |
| 52 | affiliate, and occupational licenses and renewal of such |
| 53 | licenses; providing a fee for occupational license and |
| 54 | renewal thereof; providing penalties for failure to pay |
| 55 | the fee; exempting from licensure a person holding a valid |
| 56 | individual cardroom occupational license; providing |
| 57 | grounds for the division to deny an application for or |
| 58 | revoke, suspend, or place conditions or restrictions on or |
| 59 | refuse to renew such occupational license; requiring |
| 60 | fingerprints; providing procedures for processing |
| 61 | fingerprints and conducting a criminal history records |
| 62 | check and for payment of costs; providing for citations |
| 63 | and civil penalties; providing requirements to register |
| 64 | and play intrastate Internet poker; providing for an |
| 65 | Internet Poker Self-Exclusion Form; requiring the Internet |
| 66 | poker hub operator to exclude from play any person who has |
| 67 | completed such form; providing for maintenance of the form |
| 68 | and distribution to cardroom affiliates and the division; |
| 69 | requiring the Internet poker hub operator to display a |
| 70 | link to the website offering services related to the |
| 71 | prevention of compulsive and addictive gambling; limiting |
| 72 | liability; providing requirements for approval of games to |
| 73 | be offered to players; providing requirements for all |
| 74 | offered games and game results and games not completed; |
| 75 | providing requirements to minimize fraud and cheating; |
| 76 | prohibiting action for damages against the Internet poker |
| 77 | hub operator to prevent fraud or cheating under certain |
| 78 | circumstances; providing requirements for player |
| 79 | eligibility and registration and player accounts; |
| 80 | authorizing the Internet poker hub operator to suspend or |
| 81 | revoke player accounts; providing requirements for poker |
| 82 | hub operations; requiring the Internet poker hub operator |
| 83 | to establish a book of accounts, regularly audit financial |
| 84 | records, and make the records available to the division; |
| 85 | providing technical system requirements; requiring the |
| 86 | Internet poker hub operator to define, document, and |
| 87 | implement certain methodologies relating to its systems; |
| 88 | requiring the Internet poker hub operator to maintain such |
| 89 | documentation for a certain period of time; providing for |
| 90 | player participation fees; prohibiting certain |
| 91 | relationships and acts by employees of the division and |
| 92 | occupational license holders and certain relatives; |
| 93 | authorizing conduct of proposed and authorized games; |
| 94 | prohibiting a person who has not attained a certain age |
| 95 | from holding an Internet poker occupational license or |
| 96 | engaging in any game conducted; prohibiting offering |
| 97 | Internet poker to persons located in the state except in |
| 98 | compliance with law; providing that an entity that has |
| 99 | accepted any wager on any online gambling activity from a |
| 100 | Florida resident since a certain date is not eligible to |
| 101 | apply for licensure and participate in intrastate Internet |
| 102 | poker in Florida for a specified period of time; |
| 103 | prohibiting false statements; prohibiting manipulation of |
| 104 | Internet poker play and operations; providing civil and |
| 105 | criminal penalties; providing for disposition of fines |
| 106 | collected; providing for license fees to be paid by the |
| 107 | Internet poker hub operator and cardroom affiliates; |
| 108 | providing for disposition and accounting of fees |
| 109 | collected; providing for an advance payment by the |
| 110 | Internet poker hub operator to be credited toward taxes; |
| 111 | providing for the tax rate and procedures for payment; |
| 112 | requiring payments to be accompanied by a report showing |
| 113 | all intrastate Internet poker activities for the preceding |
| 114 | calendar month and containing such other information as |
| 115 | prescribed by the division; providing penalties for |
| 116 | failure to pay taxes and penalties; providing for use of |
| 117 | certain deposits; providing for distribution of moneys |
| 118 | received from Internet poker hub operations; providing |
| 119 | grounds for the division to deny a license or the renewal |
| 120 | thereof or suspend or revoke a license; providing |
| 121 | penalties; authorizing the division to adopt rules; |
| 122 | providing for administration of the act and regulation of |
| 123 | the intrastate Internet poker industry; providing an |
| 124 | effective date. |
| 125 |
|
| 126 | Be It Enacted by the Legislature of the State of Florida: |
| 127 |
|
| 128 | Section 1. This act may be cited as the "Internet Poker |
| 129 | Consumer Protection and Revenue Generation Act of 2011." |
| 130 | Section 2. Section 849.087, Florida Statutes, is created |
| 131 | to read: |
| 132 | 849.087 Intrastate Internet poker authorized.- |
| 133 | (1) LEGISLATIVE INTENT.-It is the intent of the |
| 134 | Legislature to create a framework for the state to regulate |
| 135 | intrastate Internet poker that can ensure consumer protections |
| 136 | and additional revenue to the state by authorizing, |
| 137 | implementing, and creating a licensing and regulatory structure |
| 138 | and system of intrastate Internet poker to: |
| 139 | (a) Provide that intrastate Internet poker is only offered |
| 140 | for play in a manner that is lawful under the federal Unlawful |
| 141 | Internet Gaming Enforcement Act of 2006, which authorizes a |
| 142 | state to regulate and conduct intrastate Internet gambling, such |
| 143 | as poker. |
| 144 | (b) Provide a new source of revenue that will generate |
| 145 | additional positive economic benefits to the state through the |
| 146 | authorization of lawful and regulated intrastate Internet poker |
| 147 | in Florida instead of flowing offshore to unregulated foreign |
| 148 | operators and markets. |
| 149 | (c) Create a contractual relationship with one or more |
| 150 | Internet poker hub operators with the technical expertise to |
| 151 | ensure that wagering authorized by this section is only offered |
| 152 | to registered players who are at least 18 years of age and |
| 153 | physically present within the borders of this state at the time |
| 154 | of play. |
| 155 | (d) Provide for a competitive procurement process to |
| 156 | select one or more Internet poker hub operators that are |
| 157 | qualified to be licensed by the state and meet all statutory, |
| 158 | regulatory, and contractual requirements of the state while |
| 159 | protecting registered poker players. |
| 160 | (e) Provide for a licensed cardroom operator to become a |
| 161 | licensed provider of intrastate Internet poker through Internet |
| 162 | poker hub operators. |
| 163 | (f) Ensure that the state is able to collect all taxes and |
| 164 | fees from the play of intrastate Internet poker. |
| 165 | (g) Create a system to protect each registered poker |
| 166 | player's private information and prevent fraud and identity |
| 167 | theft and ensure that the player's financial transactions are |
| 168 | processed in a secure and transparent fashion. |
| 169 | (h) Ensure that the regulatory agency has unlimited access |
| 170 | to the premises and records of the Internet poker hub operators |
| 171 | and cardroom affiliates to ensure strict compliance with its |
| 172 | regulations concerning credit authorization, account access, and |
| 173 | other security provisions. |
| 174 | (i) Require the Internet poker hub operators to provide |
| 175 | accessible customer service to registered poker players. |
| 176 | (j) Require the Internet poker hub operator's Internet |
| 177 | site to contain information relating to problem gambling, |
| 178 | including a telephone number that an individual may call to seek |
| 179 | information and assistance for a potential gambling addiction. |
| 180 | (2) DEFINITIONS.-Unless otherwise clearly required by the |
| 181 | context, as used in this section: |
| 182 | (a) "Authorized game" means a game or series of games of |
| 183 | poker which are played in a nonbanking manner on a state |
| 184 | Internet poker network. |
| 185 | (b) "Cardroom affiliate" means a licensed cardroom |
| 186 | operator as defined in s. 849.086 who maintains an Internet site |
| 187 | as a portal into a state Internet poker network. |
| 188 | (c) "Convicted" means having been found guilty, regardless |
| 189 | of adjudication, as a result of a jury verdict, nonjury trial, |
| 190 | or entry of a plea of guilty or nolo contendere. |
| 191 | (d) "Department" means the Department of Business and |
| 192 | Professional Regulation. |
| 193 | (e) "Division" means the Division of Pari-mutuel Wagering |
| 194 | of the department. |
| 195 | (f) "Gross receipts" means the total amount of money |
| 196 | received by an Internet poker hub operator from registered |
| 197 | players for participation in authorized games. |
| 198 | (g) "Internet poker hub operator" or "poker hub operator" |
| 199 | means a computer system operator that is licensed by the state |
| 200 | and contracts with the state to operate a state Internet poker |
| 201 | network. |
| 202 | (h) "Intrastate Internet poker" means authorized games of |
| 203 | poker played over the Internet by registered players who are |
| 204 | physically present within the borders of this state at the time |
| 205 | of play. |
| 206 | (i) "Liquidity" means the total number of registered |
| 207 | players available in a state Internet poker network. |
| 208 | (j) "Nonbanking game" means an authorized game in which an |
| 209 | Internet poker hub operator or cardroom affiliate is not a |
| 210 | participant and has no financial stake in the outcome of the |
| 211 | authorized game. |
| 212 | (k) "Player incentives" means any bonuses, rewards, |
| 213 | prizes, or other types of promotional items provided to a |
| 214 | registered player by an Internet poker hub operator or cardroom |
| 215 | affiliate as an incentive to begin or continue playing on a |
| 216 | state Internet poker network. |
| 217 | (l) "Rake" means a set fee or percentage of the pot |
| 218 | assessed by an Internet poker hub operator for providing the |
| 219 | Internet poker services to registered players for the right to |
| 220 | participate in an authorized game conducted by the poker hub |
| 221 | operator. |
| 222 | (m) "Registered player" means a person who is registered |
| 223 | with a poker hub operator under this section to participate in |
| 224 | an authorized game conducted on a state Internet poker network. |
| 225 | (n) "State Internet poker network" means a computer system |
| 226 | operated by one or more Internet poker hub operators that |
| 227 | authorizes the playing of and wagering on intrastate Internet |
| 228 | poker by registered players through the website portals of |
| 229 | cardroom affiliates. |
| 230 | (o) "Tournament fee" means a set fee assessed to |
| 231 | registered players by an Internet poker hub operator for |
| 232 | providing the Internet poker tournament services. |
| 233 | (3) INTRASTATE INTERNET POKER AUTHORIZED.- |
| 234 | (a) Under the Unlawful Internet Gaming Enforcement Act of |
| 235 | 2006, a state is authorized to regulate and conduct intrastate |
| 236 | Internet poker as long as all players and the online wagering |
| 237 | activities are located within the state. |
| 238 | (b) Notwithstanding any other provision of law, a person |
| 239 | in Florida may participate as a registered player in an |
| 240 | authorized game or tournament provided on a state Internet poker |
| 241 | network by a cardroom affiliate or may operate a state Internet |
| 242 | poker network as an Internet poker hub operator described in |
| 243 | this section if such game and poker operations are conducted |
| 244 | strictly in accordance with the provisions of this section and |
| 245 | federal law. |
| 246 | (4) AUTHORITY OF DIVISION.-The division shall administer |
| 247 | this section and regulate the operation of a state Internet |
| 248 | poker network, the Internet poker hub operators, the cardroom |
| 249 | affiliates, and the play of intrastate Internet poker under this |
| 250 | section and the rules adopted pursuant to this section, and is |
| 251 | authorized to: |
| 252 | (a) Adopt rules related to Internet poker, including, but |
| 253 | not limited to, rules governing the issuance of operator and |
| 254 | individual occupational licenses to Internet poker hub |
| 255 | operators, cardroom affiliates, and their employees; operation |
| 256 | of a state Internet poker network and technical system |
| 257 | requirements; security of the financial information of |
| 258 | registered players and registered player accounts; bonuses, |
| 259 | awards, promotions, and other incentives to registered players; |
| 260 | recordkeeping and reporting requirements; the distribution of |
| 261 | Internet poker income; and the imposition and collection of all |
| 262 | fees and taxes imposed by this section. |
| 263 | (b) Conduct investigations and monitor operation of a |
| 264 | state Internet poker network and the playing of authorized games |
| 265 | on a network. |
| 266 | (c) Review the books, accounts, and records of any current |
| 267 | or former Internet poker hub operator or cardroom affiliate. |
| 268 | (d) Suspend or revoke any license or permit, after |
| 269 | hearing, for any violation of this section or the rules adopted |
| 270 | pursuant to this section. |
| 271 | (e) Take testimony, issue summons and subpoenas for any |
| 272 | witness, and issue subpoenas duces tecum in connection with any |
| 273 | matter within its jurisdiction. |
| 274 | (f) Monitor and ensure proper collection of taxes and fees |
| 275 | imposed by this section. The internal controls of Internet poker |
| 276 | hub operators shall ensure no compromise of revenue to the |
| 277 | state. The division shall monitor, audit, and verify the cash |
| 278 | flow and accounting of a state Internet poker network revenue |
| 279 | for any given operating day. |
| 280 | (g) Monitor and ensure that the playing of Internet poker |
| 281 | is conducted fairly and that all personal and financial |
| 282 | information provided by registered players is protected by the |
| 283 | Internet poker hub operators. |
| 284 | (5) INTERNET POKER HUB OPERATOR LICENSE REQUIRED; |
| 285 | APPLICATION; FEES.-A person may not operate as an Internet poker |
| 286 | hub operator in this state unless the person holds a valid |
| 287 | Internet poker hub operator license issued under this section. |
| 288 | (a) Only a person holding a valid Internet poker license |
| 289 | issued by the division may provide intrastate Internet poker for |
| 290 | play to registered players. |
| 291 | (b) An Internet poker hub operator must be an entity |
| 292 | authorized to conduct business in this state. |
| 293 | (c) A person seeking a license or renewal of a license to |
| 294 | operate as an Internet poker hub operator shall make application |
| 295 | on forms prescribed by the division. Applications for Internet |
| 296 | poker hub operator licenses shall contain all of the information |
| 297 | the division, by rule, determines is required to ensure |
| 298 | eligibility under this section. |
| 299 | (d) As a condition of licensure and to maintain continued |
| 300 | authority to conduct intrastate Internet poker, an Internet |
| 301 | poker hub operator licensee must provide the documentation |
| 302 | required under this section on a timely basis to the division |
| 303 | and the documentation must be appropriate, current, and |
| 304 | accurate. A change in ownership or interest of an Internet poker |
| 305 | hub operator licensee of 5 percent or more of the stock or other |
| 306 | evidence of ownership or equity in an Internet poker hub |
| 307 | operator licensee or any parent corporation or other business |
| 308 | entity that in any way owns or controls an Internet poker hub |
| 309 | operator licensee must be approved by the division before the |
| 310 | change, unless the owner is an existing holder of the license |
| 311 | who was previously approved by the division. A change in |
| 312 | ownership or interest of an Internet poker hub operator licensee |
| 313 | of less than 5 percent, unless the change results in a |
| 314 | cumulative total of 5 percent or more, must be reported to the |
| 315 | division within 20 days after the change. The division may then |
| 316 | conduct an investigation to ensure that the license is properly |
| 317 | updated to show the change in ownership or interest. Reporting |
| 318 | is not required under this paragraph if the person is holding 5 |
| 319 | percent or less of the equity or securities of a corporate owner |
| 320 | of an Internet poker hub operator licensee that has its |
| 321 | securities registered pursuant to s. 12 of the Securities |
| 322 | Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and if the |
| 323 | corporation or entity files with the United States Securities |
| 324 | and Exchange Commission the reports required by s. 13 of that |
| 325 | act or if the securities of the corporation or entity are |
| 326 | regularly traded on an established securities market in the |
| 327 | United States. A change in ownership or interest of less than 5 |
| 328 | percent which results in a cumulative ownership or interest of 5 |
| 329 | percent or more must be approved by the division before the |
| 330 | change, unless the owner is an existing holder of the license |
| 331 | who was previously approved by the division. |
| 332 | (e)1. Upon the awarding of a contract to be an Internet |
| 333 | poker hub operator by the division under subsection (6), an |
| 334 | Internet poker hub operator licensee shall pay to the division a |
| 335 | nonrefundable payment of $10 million. This payment shall be |
| 336 | treated as an advance payment to the state by each Internet |
| 337 | poker hub operator and shall be credited against the tax on |
| 338 | monthly gross receipts derived from the play of intrastate |
| 339 | Internet poker under paragraph (25)(a) until the original amount |
| 340 | is recouped by each Internet poker hub operator. |
| 341 | 2. Upon the submission of the initial application for an |
| 342 | Internet poker hub operator license, and annually thereafter, on |
| 343 | the anniversary date of the issuance of the initial license, an |
| 344 | Internet poker hub operator licensee shall pay a nonrefundable |
| 345 | license fee of $500,000 for the succeeding 12 months of |
| 346 | licensure to fund the division's regulation and oversight of the |
| 347 | operation and play of intrastate Internet poker. All funds |
| 348 | received under this paragraph shall be deposited by the division |
| 349 | with the Chief Financial Officer to the credit of the Pari- |
| 350 | mutuel Wagering Trust Fund. |
| 351 | (6) SELECTION OF AN INTERNET POKER HUB OPERATOR BY |
| 352 | COMPETITIVE PROCUREMENT PROCESS.-The division shall, subject to |
| 353 | a competitive procurement process, select no more than three |
| 354 | Internet poker hub operator applicants that meet the licensure |
| 355 | and technical requirements and expertise to provide services for |
| 356 | lawful intrastate Internet poker games in Florida. The |
| 357 | applicants must demonstrate the ability to ensure that |
| 358 | intrastate Internet poker is only offered to registered players |
| 359 | who are at least 18 years of age and who are physically present |
| 360 | within the borders of this state at the time of play. |
| 361 | (7) QUALIFICATIONS FOR AN INTERNET POKER HUB OPERATOR.-For |
| 362 | the purposes of this section, the division shall consider all of |
| 363 | the following as minimum qualifications to determine whether an |
| 364 | Internet poker hub operator applicant or any subcontractor |
| 365 | included in the hub operator applicant's state application is |
| 366 | legally, technically, and financially qualified to become the |
| 367 | state's Internet poker hub operator: |
| 368 | (a) The applicant or subcontractor is an entity authorized |
| 369 | to conduct business in this state. |
| 370 | (b) The applicant or subcontractor has not accepted any |
| 371 | wager of money or other consideration on any online gambling |
| 372 | activity, including poker, from any Florida resident since |
| 373 | October 13, 2006. However, this paragraph does not disqualify an |
| 374 | applicant or subcontractor who accepts online pari-mutuel wagers |
| 375 | from any Florida resident through a legal online pari-mutuel |
| 376 | wagering entity authorized in another state. |
| 377 | (c) The applicant's or subcontractor's executives and key |
| 378 | employees meet the requirements to obtain intrastate Internet |
| 379 | poker occupational licenses from the division, as set forth in |
| 380 | subsection (12). |
| 381 | (d) The applicant or subcontractor has a contract or is |
| 382 | licensed to operate gaming or lottery activities in one or more |
| 383 | jurisdictions within the United States. |
| 384 | (e) The applicant or subcontractor has existing and |
| 385 | established experience with Internet gaming, or is licensed to |
| 386 | conduct Internet gaming activities, in one or more jurisdictions |
| 387 | outside the United States where Internet gaming is legal and |
| 388 | regulated. |
| 389 | (f) The applicant, the applicant's subcontractors, and all |
| 390 | entities with an ownership interest in the applicant or the |
| 391 | applicant's subcontractors have demonstrated compliance with all |
| 392 | federal and state laws in the jurisdictions in which they |
| 393 | provide services. |
| 394 | (g) The applicant has provided all necessary documentation |
| 395 | and information relating to all proposed subcontractors of the |
| 396 | applicant. |
| 397 | (h) The applicant has provided a description of how it |
| 398 | will facilitate compliance with all of the standards set forth |
| 399 | in this section, including, but not limited to, those for: |
| 400 | 1. Registered player processes and requirements relating |
| 401 | to intrastate play, age verification, and exclusion of problem |
| 402 | gamblers. |
| 403 | 2. Network system requirements, including, but not limited |
| 404 | to, connectivity, hardware, software, anti-fraud systems, virus |
| 405 | prevention, data protection, access controls, firewalls, |
| 406 | disaster recovery, and redundancy. |
| 407 | 3. Gaming systems, including, but not limited to, hardware |
| 408 | and software that ensures that: games are legal, games are |
| 409 | independent and fair, game and betting rules are available to |
| 410 | all registered players, and all data used for the conduct of |
| 411 | each game is randomly generated and unpredictable. |
| 412 | 4. Ongoing auditing by the division and accounting |
| 413 | systems, including, but not limited to, those for registered |
| 414 | player accounts, participation fees, distribution of funds to |
| 415 | registered players, and distribution of revenue to the state. |
| 416 | (i) The applicant has provided all other documentation or |
| 417 | information that the division, by rule, has determined is |
| 418 | required to ensure that the applicant is legally, technically, |
| 419 | and financially qualified to enter into a contract to become the |
| 420 | state's Internet poker hub operator. |
| 421 | (8) SUBMISSION OF THE APPLICATION FOR AN INTERNET POKER |
| 422 | HUB OPERATOR; FEES.-In addition to demonstrating that the |
| 423 | applicant is legally, technically, and financially qualified to |
| 424 | become an Internet poker hub operator in the state, the |
| 425 | applicant must describe how it will fulfill the contractual role |
| 426 | envisaged by this section. The applicant shall provide all of |
| 427 | the following: |
| 428 | (a) All necessary documentation and information relating |
| 429 | to the applicant and its direct and indirect owners, including, |
| 430 | but not limited to: |
| 431 | 1. Documentation that the entity is authorized to conduct |
| 432 | business in this state and other founding documents. |
| 433 | 2. Current and historical audited financial and accounting |
| 434 | records. |
| 435 | 3. Any and all documents relating to legal and regulatory |
| 436 | proceedings in this state and other jurisdictions involving the |
| 437 | applicant. |
| 438 | 4. Any and all documents relating to the applicant's |
| 439 | business history, including all state and federal tax filings. |
| 440 | 5. Any and all documents relating to the nature and |
| 441 | sources of the applicant's financing. |
| 442 | 6. Any and all documentation that demonstrates that the |
| 443 | applicant is financially qualified to perform the obligations of |
| 444 | an Internet poker hub operator as described in this section. |
| 445 | 7. Any other documentation or information that the |
| 446 | division, by rule, determines is required to ensure eligibility. |
| 447 | (b) All necessary documentation and information relating |
| 448 | to all proposed subcontractors of the Internet poker hub |
| 449 | operator applicant, including, but not limited to: |
| 450 | 1. A description of the services to be provided by each |
| 451 | subcontractor. |
| 452 | 2. Information for each subcontractor as set forth in this |
| 453 | section. |
| 454 | 3. Any other documentation or information that the |
| 455 | division, by rule, determines is required to ensure eligibility. |
| 456 | (c) A description as to how the applicant will facilitate |
| 457 | compliance with all of the standards set forth in this section, |
| 458 | including, but not limited to, those for: |
| 459 | 1. Registered player requirements relating to: |
| 460 | a. Intrastate play. |
| 461 | b. Age verification. |
| 462 | c. Exclusion of problem gamblers. |
| 463 | 2. Network system requirements, including, but not limited |
| 464 | to: |
| 465 | a. Connectivity. |
| 466 | b. Hardware. |
| 467 | c. Software. |
| 468 | d. Anti-fraud systems. |
| 469 | e. Virus prevention. |
| 470 | f. Data protection. |
| 471 | g. Access controls. |
| 472 | h. Firewalls. |
| 473 | i. Disaster recovery. |
| 474 | j. Redundancy. |
| 475 | 3. Gaming systems, including, but not limited to, hardware |
| 476 | and software that ensures that: |
| 477 | a. Games are legal. |
| 478 | b. Games are independent and fair. |
| 479 | c. Game and betting rules are available to all registered |
| 480 | players. |
| 481 | d. All data used for the conduct of each game is randomly |
| 482 | generated and unpredictable. |
| 483 | 4. Accounting systems, including, but not limited to, |
| 484 | those for: |
| 485 | a. Registered player accounts. |
| 486 | b. Participation fees. |
| 487 | c. Transparency and reporting to the division. |
| 488 | d. Distribution of revenue to the state, funds pursuant to |
| 489 | contract, and funds to registered players. |
| 490 | e. Ongoing auditing. |
| 491 | (d) A description of the games and services the applicant |
| 492 | proposes to offer to registered players. |
| 493 | (e) A description by the applicant of how it will ensure |
| 494 | that registered players are at least 18 years of age or older |
| 495 | and facilitate registered player protections and resolution of |
| 496 | player disputes. |
| 497 | (f) Upon submission of the initial application and |
| 498 | proposal, an initial filing fee of $25,000 to compensate the |
| 499 | division for reasonably anticipated costs to be incurred to |
| 500 | conduct a comprehensive investigation of the applicant to |
| 501 | determine if the applicant is legally, technically, and |
| 502 | financially qualified to become the state's Internet poker hub |
| 503 | operator and is suitable for licensure. The division shall, by |
| 504 | rule, require the applicant to make an additional payment if |
| 505 | necessary to complete the investigation; however, the total |
| 506 | amount collected under this paragraph may not exceed the actual |
| 507 | cost incurred to conduct the investigation. The division shall, |
| 508 | by rule, set a procedure for refunding any amount of the filing |
| 509 | fee and additional payment collected under this paragraph which |
| 510 | is not used to cover the cost of the investigation. |
| 511 | (9) ANNUAL BOND REQUIRED.-The holder of a license to be an |
| 512 | Internet poker hub operator in the state shall be financially |
| 513 | and otherwise responsible for the operation of a state Internet |
| 514 | poker network and for the conduct of any employee involved in |
| 515 | the operation of the online poker network. Before the issuance |
| 516 | of an Internet poker hub operator license, each qualified |
| 517 | applicant for such a license must provide evidence of a surety |
| 518 | bond in the amount of $1 million, payable to the state, for each |
| 519 | year that the licensee is licensed to be an Internet poker hub |
| 520 | operator in the state. The bond shall be issued by a surety or |
| 521 | sureties authorized to do business in the state and approved by |
| 522 | the division and the Chief Financial Officer in his or her |
| 523 | capacity as treasurer of the division. The bond shall guarantee |
| 524 | that an Internet poker hub operator fulfills all financial |
| 525 | requirements of the contract. Such bond shall be kept in full |
| 526 | force and effect by an Internet poker hub operator during the |
| 527 | term of the license. |
| 528 | (10) OBLIGATION OF AN INTERNET POKER HUB OPERATOR.-An |
| 529 | Internet poker hub operator shall comply with the terms of its |
| 530 | contract with the state and this section. |
| 531 | (a) The accepted proposal agreed to by the division, on |
| 532 | behalf of the state, and an Internet poker hub operator |
| 533 | applicant shall govern the interpretation of the contract |
| 534 | creating a contractual relationship entered into between the |
| 535 | state and the Internet poker hub operator. |
| 536 | (b) The contract between the state and an Internet poker |
| 537 | hub operator is for a 5-year period and may be renewed for a |
| 538 | period equal to the original contract, if agreed to by both |
| 539 | parties. |
| 540 | (c) The contract between the state and an Internet poker |
| 541 | hub operator may be amended by mutual written agreement of the |
| 542 | division and the Internet poker hub operator. |
| 543 | (d) If this section is amended, an Internet poker hub |
| 544 | operator may declare the contract null and void within 60 days |
| 545 | after the effective date of the amendment and must provide at |
| 546 | least 90 days' prior written notice to the division of such |
| 547 | intent; otherwise, the Internet poker hub operator agrees to be |
| 548 | bound by the amendments to this section adopted after the terms |
| 549 | of the contract are established. |
| 550 | (e) In the event of commercial infeasibility due to a |
| 551 | change in federal law rendering the provision of intrastate |
| 552 | poker services illegal, an Internet poker hub operator may |
| 553 | abandon the contract after providing the division with at least |
| 554 | 90 days' prior written notice of its intent to end the contract |
| 555 | and a statement explaining its interpretation that continuing to |
| 556 | provide services under the contract is commercially infeasible. |
| 557 | (f) If a dispute arises between the parties to the |
| 558 | contract, either the division or the Internet poker hub operator |
| 559 | may go through an administrative law or circuit court for an |
| 560 | initial interpretation of the contract and the rights and |
| 561 | responsibilities in the contract. |
| 562 | (g) After each year of operation of intrastate Internet |
| 563 | poker in the state, the division shall review and evaluate the |
| 564 | current level of liquidity in the state Internet poker network |
| 565 | to determine if there is a need to authorize additional Internet |
| 566 | poker hub operators. If the division finds there is sufficient |
| 567 | evidence to support authorizing additional Internet poker hub |
| 568 | operators, then the division may select additional Internet |
| 569 | poker hub operators pursuant to subsection (6) and may authorize |
| 570 | additional Internet poker hub operators based on the |
| 571 | qualifications specified in subsection (7). However, |
| 572 | notwithstanding the power to authorize additional Internet poker |
| 573 | hub operators under this paragraph, only three Internet poker |
| 574 | hub operators may operate at any one time in the state. |
| 575 | (11) CARDROOM AFFILIATE LICENSE REQUIRED; APPLICATION; |
| 576 | FEES.-A cardroom affiliate license may only be issued to a |
| 577 | cardroom operator who is licensed under s. 849.086, actively |
| 578 | operates a cardroom with a minimum of 10 licensed tables, and |
| 579 | complies with all the requirements of s. 849.086 and the rules |
| 580 | adopted pursuant to that section. |
| 581 | (a) Only those persons holding a valid cardroom affiliate |
| 582 | license issued by the division may provide intrastate Internet |
| 583 | poker for play to registered players through its website. |
| 584 | (b) After the initial cardroom affiliate license is |
| 585 | granted, the annual application for the renewal of that license |
| 586 | shall be made in conjunction with the applicant's annual |
| 587 | application for its cardroom and pari-mutuel licenses under s. |
| 588 | 849.086 and chapter 550, respectively. |
| 589 | (c) A person seeking a license or renewal of a license to |
| 590 | operate as a cardroom affiliate shall make the application on |
| 591 | forms prescribed by the division. An application for a cardroom |
| 592 | affiliate license shall contain all of the information the |
| 593 | division, by rule, determines is required to ensure eligibility. |
| 594 | (d) As a condition of licensure and to maintain continued |
| 595 | authority for the conduct of intrastate Internet poker, the |
| 596 | cardroom affiliate licensee must provide the documentation |
| 597 | required under this section on a timely basis to the division |
| 598 | and the documentation must be appropriate, current, and |
| 599 | accurate. A change in ownership or interest of a cardroom |
| 600 | affiliate licensee of 5 percent or more of the stock or other |
| 601 | evidence of ownership or equity in the cardroom affiliate |
| 602 | licensee or any parent corporation or other business entity that |
| 603 | in any way owns or controls the cardroom affiliate licensee must |
| 604 | be approved by the division prior to the change, unless the |
| 605 | owner is an existing holder of the license who was previously |
| 606 | approved by the division. A change in ownership or interest of a |
| 607 | cardroom affiliate licensee of less than 5 percent, unless the |
| 608 | change results in a cumulative total of 5 percent or more, must |
| 609 | be reported to the division within 20 days after the change. The |
| 610 | division may then conduct an investigation to ensure that the |
| 611 | license is properly updated to show the change in ownership or |
| 612 | interest. Reporting is not required under this paragraph if the |
| 613 | person is holding 5 percent or less of the equity or securities |
| 614 | of a corporate owner of the cardroom affiliate licensee that has |
| 615 | its securities registered pursuant to s. 12 of the Securities |
| 616 | Exchange Act of 1934, 15 U.S.C. ss. 78a-78kk, and if the |
| 617 | corporation or entity files with the United States Securities |
| 618 | and Exchange Commission the reports required by s. 13 of that |
| 619 | act or if the securities of the corporation or entity are |
| 620 | regularly traded on an established securities market in the |
| 621 | United States. A change in ownership or interest of less than 5 |
| 622 | percent which results in a cumulative ownership or interest of 5 |
| 623 | percent or more must be approved by the division before the |
| 624 | change, unless the owner is an existing holder of the license |
| 625 | who was previously approved by the division. |
| 626 | (e) As a condition of eligibility for license renewal, a |
| 627 | cardroom affiliate must have an active and operating portal and |
| 628 | must have contributed at least 5 percent of the total revenue |
| 629 | generated from the play of intrastate Internet poker from the |
| 630 | previous state fiscal year, as determined by the division. |
| 631 | (f) A cardroom affiliate licensee may not sell or lease |
| 632 | all or any portion of its cardroom licensed under s. 849.086 to |
| 633 | any person or entity, or contract with any person or entity to |
| 634 | operate its website, conduct marketing or promotional |
| 635 | activities, or conduct any other aspects of business associated |
| 636 | with the play of poker under s. 849.086 or intrastate Internet |
| 637 | poker under this section, that does not meet and comply with all |
| 638 | requirements and provisions of this section and s. 849.086. |
| 639 | (g) The annual cardroom affiliate license fee shall be |
| 640 | $1,000. The annual license fee shall be deposited by the |
| 641 | division with the Chief Financial Officer to the credit of the |
| 642 | Pari-mutuel Wagering Trust Fund. |
| 643 | (h) The division shall adopt rules regarding cardroom |
| 644 | affiliate licenses and renewals. |
| 645 | (12) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED; |
| 646 | APPLICATION; FEES.- |
| 647 | (a) A person employed by or otherwise working for an |
| 648 | Internet poker hub operator or a cardroom affiliate in any |
| 649 | capacity related to and while conducting intrastate Internet |
| 650 | poker operations must hold a valid occupational license issued |
| 651 | by the division. |
| 652 | (b) An Internet poker hub operator or a cardroom affiliate |
| 653 | may not employ or allow to be employed any person in any |
| 654 | capacity related to the operation of intrastate Internet poker |
| 655 | unless the person holds a valid occupational license. |
| 656 | (c) An Internet poker hub operator or cardroom affiliate |
| 657 | may not contract with, or otherwise do business with, a business |
| 658 | required to hold a valid intrastate Internet poker business |
| 659 | occupational license, unless the business holds such a valid |
| 660 | license. |
| 661 | (d) A proprietorship, partnership, corporation, |
| 662 | subcontractor, or other entity must obtain a valid intrastate |
| 663 | Internet poker business occupational license issued by the |
| 664 | division to partner with, contract with, be associated with, or |
| 665 | participate in the conduct of intrastate Internet poker |
| 666 | operations with an Internet poker hub operator or a cardroom |
| 667 | affiliate. |
| 668 | (e) The division shall establish, by rule, a schedule for |
| 669 | the annual renewal of Internet poker hub operator and cardroom |
| 670 | affiliate occupational licenses. Intrastate Internet poker |
| 671 | occupational licenses are not transferable. |
| 672 | (f) A person seeking an intrastate Internet poker |
| 673 | occupational license, or renewal of such a license, shall make |
| 674 | the application on forms prescribed by the division and include |
| 675 | payment of the appropriate application fee. An application for |
| 676 | an intrastate Internet poker occupational license shall contain |
| 677 | all of the information the division, by rule, determines is |
| 678 | required to ensure eligibility under this section. |
| 679 | (g) The division shall adopt rules regarding intrastate |
| 680 | Internet poker occupational licenses and renewals. |
| 681 | (h) An intrastate Internet poker occupational license is |
| 682 | valid for the same term as a pari-mutuel occupational license |
| 683 | issued under s. 550.105(1). |
| 684 | (i) Pursuant to rules adopted by the division, any person |
| 685 | may apply for and, if qualified, be issued an intrastate |
| 686 | Internet poker occupational license valid for a period of 3 |
| 687 | years upon payment of the full occupational license fee for each |
| 688 | of the 3 years for which the license is issued. The intrastate |
| 689 | Internet poker occupational license is valid during its |
| 690 | specified term at any Internet poker hub operator or a cardroom |
| 691 | affiliate where intrastate Internet poker is authorized to be |
| 692 | conducted. |
| 693 | (j) The intrastate Internet poker occupational license fee |
| 694 | for initial application and annual renewal shall be determined |
| 695 | by rule of the division but may not exceed $50 for an |
| 696 | occupational license for an employee of an Internet poker hub |
| 697 | operator or a cardroom affiliate licensee or $1,000 for a |
| 698 | business occupational license for nonemployees of the licensee |
| 699 | providing goods or services to an Internet poker hub operator or |
| 700 | a cardroom affiliate occupational licensee. Failure to pay the |
| 701 | required fee constitutes grounds for disciplinary action by the |
| 702 | division against an Internet poker hub operator or a cardroom |
| 703 | affiliate occupational licensee. |
| 704 | (k) A person holding a valid individual cardroom |
| 705 | occupational license issued by the division under s. 849.086(6) |
| 706 | is not required to obtain an individual employee occupational |
| 707 | license under this subsection. |
| 708 | (13) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE DENIAL, |
| 709 | REVOCATION, SUSPENSION, LIMITATION, OR NONRENEWAL.-The division |
| 710 | may: |
| 711 | (a) Deny an application for, or revoke, suspend, or place |
| 712 | conditions or restrictions on, a license of a person or entity |
| 713 | that has been refused a license by any other state gaming |
| 714 | commission, governmental department, agency, or other authority |
| 715 | exercising regulatory jurisdiction over the gaming of another |
| 716 | state or jurisdiction. |
| 717 | (b) Deny an application for, or suspend or place |
| 718 | conditions or restrictions on, a license of any person or entity |
| 719 | that is under suspension or has unpaid fines in another state or |
| 720 | jurisdiction. |
| 721 | (c) Deny, suspend, revoke, or refuse to renew any Internet |
| 722 | poker hub operator or cardroom affiliate occupational license if |
| 723 | the applicant for the license or the licensee has violated this |
| 724 | section or the rules of the division governing the conduct of |
| 725 | persons connected with the play of intrastate Internet poker. |
| 726 | (d) Deny, suspend, revoke, or refuse to renew any Internet |
| 727 | poker hub operator or cardroom affiliate occupational license if |
| 728 | the applicant for the license or the licensee has been convicted |
| 729 | in this state, in any other state, or under the laws of the |
| 730 | United States of a capital felony, a felony, or an offense in |
| 731 | any other state that would be a felony under the laws of this |
| 732 | state involving arson; trafficking in, conspiracy to traffic in, |
| 733 | smuggling, importing, conspiracy to smuggle or import, or |
| 734 | delivery, sale, or distribution of a controlled substance; |
| 735 | racketeering; or a crime involving a lack of good moral |
| 736 | character, or has had a gaming license revoked by this state or |
| 737 | any other jurisdiction for any gaming-related offense. |
| 738 | (e) Deny, revoke, or refuse to renew any Internet poker |
| 739 | hub operator or cardroom affiliate occupational license if the |
| 740 | applicant for the license or the licensee has been convicted of |
| 741 | a felony or misdemeanor in this state, in any other state, or |
| 742 | under the laws of the United States if such felony or |
| 743 | misdemeanor is related to gambling or bookmaking as described in |
| 744 | s. 849.25. |
| 745 | (14) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE; |
| 746 | FINGERPRINTS; FEES; CITATIONS.- |
| 747 | (a) A person employed by or working with an Internet poker |
| 748 | hub operator or a cardroom affiliate must submit fingerprints |
| 749 | for a criminal history record check and may not have been |
| 750 | convicted of any disqualifying criminal offense specified in |
| 751 | subsection (7). Division employees and law enforcement officers |
| 752 | assigned by their employing agencies to work within the premises |
| 753 | as part of their official duties are excluded from the criminal |
| 754 | history record check requirements under this subsection. |
| 755 | (b) Fingerprints for all intrastate Internet poker |
| 756 | occupational license applications shall be taken in a manner |
| 757 | approved by the division upon initial application, or as |
| 758 | required thereafter by rule of the division, and shall be |
| 759 | submitted electronically to the Department of Law Enforcement |
| 760 | for state processing. The Department of Law Enforcement shall |
| 761 | forward the fingerprints to the Federal Bureau of Investigation |
| 762 | for national processing. The results of the criminal history |
| 763 | record check shall be returned to the division for purposes of |
| 764 | screening. The division requirements under this subsection shall |
| 765 | be instituted in consultation with the Department of Law |
| 766 | Enforcement. |
| 767 | (c) The cost of processing fingerprints and conducting a |
| 768 | criminal history record check for an intrastate Internet poker |
| 769 | occupational license shall be borne by the person being checked. |
| 770 | The Department of Law Enforcement may invoice the division for |
| 771 | the fingerprints submitted each month. |
| 772 | (d) All fingerprints submitted to the Department of Law |
| 773 | Enforcement and required by this section shall be retained by |
| 774 | the Department of Law Enforcement and entered into the statewide |
| 775 | automated fingerprint identification system as authorized by s. |
| 776 | 943.05(2)(b) and shall be available for all purposes and uses |
| 777 | authorized for arrest fingerprint cards entered into the |
| 778 | statewide automated fingerprint identification system under s. |
| 779 | 943.051. |
| 780 | (e) The Department of Law Enforcement shall search all |
| 781 | arrest fingerprints received under s. 943.051 against the |
| 782 | fingerprints retained in the statewide automated fingerprint |
| 783 | identification system. Any arrest record that is identified with |
| 784 | the retained fingerprints of a person subject to the criminal |
| 785 | history screening requirements of this section shall be reported |
| 786 | to the division. Each licensed facility shall pay a fee to the |
| 787 | division for the cost of retention of the fingerprints and the |
| 788 | ongoing searches under this paragraph. The division shall |
| 789 | forward the payment to the Department of Law Enforcement. The |
| 790 | amount of the fee to be imposed for performing these searches |
| 791 | and the procedures for the retention of licensee fingerprints |
| 792 | shall be as established by rule of the Department of Law |
| 793 | Enforcement. The division shall inform the Department of Law |
| 794 | Enforcement of any change in the license status of licensees |
| 795 | whose fingerprints are retained under paragraph (d). |
| 796 | (f) The division shall request the Department of Law |
| 797 | Enforcement to forward the fingerprints to the Federal Bureau of |
| 798 | Investigation for a national criminal history records check |
| 799 | every 3 years following issuance of a license. If the |
| 800 | fingerprints of a person who is licensed have not been retained |
| 801 | by the Department of Law Enforcement, the person must file a |
| 802 | complete set of fingerprints as provided for in paragraph (a). |
| 803 | The division shall collect the fees for the cost of the national |
| 804 | criminal history record check under this paragraph and shall |
| 805 | forward the payment to the Department of Law Enforcement. The |
| 806 | cost of processing fingerprints and conducting a criminal |
| 807 | history record check under this paragraph for an intrastate |
| 808 | Internet poker occupational license shall be borne by the person |
| 809 | being checked. The Department of Law Enforcement may invoice the |
| 810 | division for the fingerprints submitted each month. Under |
| 811 | penalty of perjury, each person who is licensed or who is |
| 812 | fingerprinted as required by this subsection must agree to |
| 813 | inform the division within 48 hours if he or she is convicted of |
| 814 | or has entered a plea of guilty or nolo contendere to any |
| 815 | disqualifying offense, regardless of adjudication. |
| 816 | (g) All moneys collected under this subsection shall be |
| 817 | deposited into the Pari-mutuel Wagering Trust Fund. |
| 818 | (h) The division may deny, revoke, or suspend any |
| 819 | occupational license if the applicant or holder of the license |
| 820 | accumulates unpaid obligations, defaults in obligations, or |
| 821 | issues drafts or checks that are dishonored or for which payment |
| 822 | is refused without reasonable cause. |
| 823 | (i) The division may fine or suspend, revoke, or place |
| 824 | conditions upon the license of any licensee who provides false |
| 825 | information under oath regarding an application for a license or |
| 826 | an investigation by the division. |
| 827 | (j) The division may impose a civil fine of up to $10,000 |
| 828 | for each violation of this section or the rules of the division |
| 829 | in addition to or in lieu of any other penalty provided for in |
| 830 | this subsection. The division may adopt a penalty schedule for |
| 831 | violations of this section or any rule adopted pursuant to this |
| 832 | section for which it would impose a fine in lieu of a suspension |
| 833 | and adopt rules allowing for the issuance of citations, |
| 834 | including procedures to address such citations, to persons who |
| 835 | violate such rules. In addition to any other penalty provided by |
| 836 | law, the division may exclude from all licensed pari-mutuel, |
| 837 | cardroom, and slot machine facilities in this state, for a |
| 838 | period not to exceed the period of suspension, revocation, or |
| 839 | ineligibility, any person whose occupational license application |
| 840 | has been declared ineligible to hold an occupational license or |
| 841 | whose occupational license has been suspended or revoked by the |
| 842 | division. |
| 843 | (15) REGISTERED PLAYERS; ELIGIBILITY.- |
| 844 | (a) All registered players must be located within this |
| 845 | state at the time of play of intrastate Internet poker. |
| 846 | (b) A person who has not attained 18 years of age may not |
| 847 | be a registered player or play intrastate Internet poker. |
| 848 | (c) All Internet poker hub operators and cardroom |
| 849 | affiliates shall exclude from play any person who has submitted |
| 850 | a completed Internet Poker Self-Exclusion Form. |
| 851 | 1. All Internet poker hub operators and cardroom |
| 852 | affiliates shall have an Internet Poker Self-Exclusion Form |
| 853 | available online and accessible on the Internet page that is |
| 854 | displayed when: |
| 855 | a. A person opens the Internet page to register as a |
| 856 | registered player; or |
| 857 | b. A registered player accesses the first page of the |
| 858 | Internet page prior to playing. |
| 859 | 2. Upon receipt of a completed Internet Poker Self- |
| 860 | Exclusion Form, an Internet poker hub operator or cardroom |
| 861 | affiliate shall immediately provide a copy of the completed form |
| 862 | to each Internet poker hub operator, each cardroom affiliate, |
| 863 | and the division. The division shall ensure that all other |
| 864 | cardroom affiliates exclude the person from the play of |
| 865 | intrastate Internet poker. |
| 866 | 3. Each Internet poker hub operator and cardroom affiliate |
| 867 | shall retain the original form to identify persons who request |
| 868 | to be excluded from play. |
| 869 | 4. Each Internet poker hub operator and cardroom affiliate |
| 870 | shall prominently display a link to the website of a responsible |
| 871 | gaming organization that is under contract with the division |
| 872 | pursuant to s. 551.118(2) for services related to the prevention |
| 873 | of compulsive and addictive gambling. |
| 874 | 5. A person may not bring any action against an Internet |
| 875 | poker hub operator or a cardroom affiliate for negligence or any |
| 876 | other claim if a person who has filled out an Internet Poker |
| 877 | Self-Exclusion Form gains access and plays despite the request |
| 878 | to be excluded. |
| 879 | (16) INTRASTATE INTERNET POKER; AUTHORIZED GAMES.- |
| 880 | (a) In order to offer a specific game of poker for play, |
| 881 | an Internet poker hub operator shall provide the division with: |
| 882 | 1. A description of any game of poker and the betting |
| 883 | rules it proposes to offer to registered players; and |
| 884 | 2. Documentation relating to development and testing of |
| 885 | the game's software. |
| 886 | (b) Upon submission of the information required in |
| 887 | paragraph (a), an Internet poker hub operator may begin offering |
| 888 | the game. If the division does not object to the proposed game |
| 889 | of poker within 30 days after receipt of the submission, the |
| 890 | game will considered authorized and the Internet poker hub |
| 891 | operator submitting the proposal may continue to offer the game |
| 892 | to registered players. |
| 893 | (c) Games and betting events shall be operated strictly in |
| 894 | accordance with the specified game and betting rules. |
| 895 | (d) An Internet poker hub operator shall ensure that the |
| 896 | authorized games of poker are fair. For each proposed or |
| 897 | authorized game offered for play, the gaming system shall |
| 898 | display the following information: |
| 899 | 1. The name of the game. |
| 900 | 2. Any restrictions on play. |
| 901 | 3. The rules of the game. |
| 902 | 4. All instructions on how to play. |
| 903 | 5. The unit and total bets permitted. |
| 904 | 6. The registered player's current account balance, which |
| 905 | shall be updated in real time. |
| 906 | 7. Any other information that an Internet poker hub |
| 907 | operator determines is necessary for the registered player to |
| 908 | have in real time to compete fairly in the proposed or |
| 909 | authorized game. |
| 910 | (e) All proposed and authorized game results shall be |
| 911 | conducted in such a fashion that: |
| 912 | 1. Data used to create results shall be unpredictable such |
| 913 | that it is infeasible to predict the next occurrence in a game, |
| 914 | given complete knowledge of the algorithm or hardware generating |
| 915 | the sequence, and all previously generated numbers. |
| 916 | 2. The game or any game event outcome shall not be |
| 917 | affected by the effective bandwidth, link utilization, bit error |
| 918 | rate, or other characteristic of the communications channel |
| 919 | between the gaming system and the playing device used by the |
| 920 | player. |
| 921 | (f) An Internet poker hub operator shall deploy controls |
| 922 | and technology to ensure the ability to minimize fraud or |
| 923 | cheating through collusion, such as external exchange of |
| 924 | information between different players, or any other means. |
| 925 | 1. If an Internet poker hub operator becomes aware that |
| 926 | fraud or cheating is taking place or has taken place, it shall |
| 927 | immediately take steps to stop such activities and inform the |
| 928 | division of all relevant facts. |
| 929 | 2. An Internet poker hub operator shall immediately inform |
| 930 | the division of any complaints and investigate whether the |
| 931 | complaints are true and shall expeditiously act to prevent |
| 932 | further fraud or collusion from taking place on the Internet |
| 933 | poker hub. An Internet poker hub operator shall report the |
| 934 | results of the investigation in writing to the division within |
| 935 | 24 hours after the complaint and shall continue to report every |
| 936 | 24 hours until its investigation is concluded. This paragraph |
| 937 | does not prevent the division from conducting an independent |
| 938 | investigation or initiating an administrative action to protect |
| 939 | registered players from fraud and collusion on the Internet |
| 940 | poker hub site and does not prohibit a registered player, the |
| 941 | Internet poker hub operator, a cardroom affiliate, or the |
| 942 | division from reporting suspected criminal activities to law |
| 943 | enforcement officials. |
| 944 | 3. A registered player may not bring an action for damages |
| 945 | against an Internet poker hub operator for attempting to prevent |
| 946 | fraud or cheating if the Internet poker hub operator can |
| 947 | demonstrate that it acted to prevent such actions as soon as it |
| 948 | became aware of them. |
| 949 | (g) If the gaming server or software does not allow a game |
| 950 | to be completed, the hand shall be voided and all funds relating |
| 951 | to the incomplete hand shall be returned to the registered |
| 952 | player's account. |
| 953 | (17) REGISTERED PLAYER ACCOUNTS.- |
| 954 | (a) An Internet poker hub operator shall register players |
| 955 | and establish registered player accounts prior to play and shall |
| 956 | ensure that personally identifiable information is accessible to |
| 957 | players and regulators but is otherwise secure. |
| 958 | (b) A person may not participate in any game on a state |
| 959 | Internet poker network unless the person is registered as a |
| 960 | player and holds an account. |
| 961 | (c) Accounts may be established in person or by mail, |
| 962 | telephone, or any electronic means. |
| 963 | (d) To register and establish an account, a person must |
| 964 | provide the following registration information: |
| 965 | 1. First name and surname. |
| 966 | 2. Principal residence address. |
| 967 | 3. Telephone number. |
| 968 | 4. Social security number. |
| 969 | 5. Legal identification or certification to prove that the |
| 970 | person is at least 18 years of age. |
| 971 | 6. Valid email address. |
| 972 | 7. The source of funds to be used to establish the account |
| 973 | after the registration process is complete. |
| 974 | (e) An individual may not register for more than three |
| 975 | registered player accounts per calendar year. A registered |
| 976 | player may not have more than three registered player accounts |
| 977 | at any time. |
| 978 | (f) Prior to completing the registration process, an |
| 979 | Internet poker hub operator shall explain to the person in a |
| 980 | conspicuous fashion the privacy policies of the Internet poker |
| 981 | hub, and the person must assent to the following policies: |
| 982 | 1. Personal identifying information will not be shared |
| 983 | with any nongovernment third parties except for licensed |
| 984 | subcontractors of an Internet poker hub operator for the sole |
| 985 | purpose of permitting registered players to participate in games |
| 986 | on the Internet poker hub or upon receipt of a court order to |
| 987 | subpoena such information from the Internet poker hub. |
| 988 | 2. All personally identifiable information about |
| 989 | registered players will be shared with the division, the |
| 990 | Department of Law Enforcement, and any other governmental agency |
| 991 | that receives a court order to subpoena such information. |
| 992 | (g) An Internet poker hub operator shall also require that |
| 993 | a person agree to the terms of a use agreement applying to |
| 994 | registered players. |
| 995 | (h) An Internet poker hub operator shall provide a |
| 996 | registered player with the means to update the information |
| 997 | provided in paragraph (d). |
| 998 | (i) An Internet poker hub operator may revoke the accounts |
| 999 | of a registered player for the following reasons: |
| 1000 | 1. The registered player provided false information in the |
| 1001 | registration process; |
| 1002 | 2. The registered player has not updated registration |
| 1003 | information to keep it current; or |
| 1004 | 3. The registered player has violated an Internet poker |
| 1005 | hub operator's terms of use agreement. |
| 1006 | (j) An Internet poker hub operator may suspend or revoke |
| 1007 | the account of a registered player if the operator suspects the |
| 1008 | registered player has participated in illegal activity on a |
| 1009 | state Internet poker network. |
| 1010 | (k) An Internet poker hub operator shall establish and |
| 1011 | maintain an account for each registered player. An Internet |
| 1012 | poker hub operator shall: |
| 1013 | 1. Provide a means for a registered player to put funds |
| 1014 | into an account; however, a registered player may not increase |
| 1015 | the amount in an account after a game has started and before its |
| 1016 | completion. |
| 1017 | 2. Maintain records on the balance of each registered |
| 1018 | player's account. |
| 1019 | 3. Prohibit a registered player from placing a wager |
| 1020 | unless the player's account has sufficient funds to cover the |
| 1021 | amount of the wager. |
| 1022 | 4. Not provide credit to a registered player's account or |
| 1023 | act as an agent for a credit provider to facilitate the |
| 1024 | provision of funds. |
| 1025 | 5. Provide a means for a registered player to transfer |
| 1026 | money out of the player's account. |
| 1027 | (l) An Internet poker hub operator shall put in place |
| 1028 | other systems that provide registered players with the ability |
| 1029 | to control aspects of their play. Upon registration and at each |
| 1030 | time when a registered player logs on to a state Internet poker |
| 1031 | network, an Internet poker hub operator shall permit the |
| 1032 | registered player to adjust the player's play settings to: |
| 1033 | 1. Set a limit on the deposits that can be made per day; |
| 1034 | 2. Set a limit on the amount that can be wagered within a |
| 1035 | specified period of time; |
| 1036 | 3. Set a limit on the losses that may incur within a |
| 1037 | specified period of time; |
| 1038 | 4. Set a limit on the amount of time that can be played |
| 1039 | after logging on to the Internet poker hub; or |
| 1040 | 5. Prevent the Internet poker hub from allowing the |
| 1041 | registered player to play for a definite or indefinite period of |
| 1042 | time. |
| 1043 | (m) During play, in order to assist a registered player to |
| 1044 | decide whether to suspend play, the registered player's screen |
| 1045 | shall: |
| 1046 | 1. Indicate how long the player has been playing; |
| 1047 | 2. Indicate the player's winnings or losses since the time |
| 1048 | of last logging in; |
| 1049 | 3. Give an option to the player to end the session or |
| 1050 | return to the game; and |
| 1051 | 4. Require the player to confirm that the player has read |
| 1052 | the message. |
| 1053 | (18) REGISTERED PLAYER ACCOUNTS; RECORDS AND REPORTS.- |
| 1054 | (a) An Internet poker hub operator shall establish a book |
| 1055 | of accounts, regularly audit, and make all financial records |
| 1056 | available to the division. An Internet poker hub operator shall |
| 1057 | demonstrate that it has a system of maintaining records and |
| 1058 | reports that are readily available to the division. The records |
| 1059 | and reports shall include the following: |
| 1060 | 1. Monthly auditable and aggregate financial statements of |
| 1061 | gaming transactions. |
| 1062 | 2. Calculation of all fees payable to government. |
| 1063 | 3. The identity of players. |
| 1064 | 4. The balance on the player's account at the start of a |
| 1065 | session of play. |
| 1066 | 5. The wagers placed on each game time stamped by the |
| 1067 | games server. |
| 1068 | 6. The result of each game time stamped by the games |
| 1069 | server. |
| 1070 | 7. The amount won or lost by the player. |
| 1071 | 8. The balance on the player's account at the end of the |
| 1072 | game. |
| 1073 | (b) An Internet poker hub operator shall reconcile all |
| 1074 | data logs files regarding the registered players' accounts on a |
| 1075 | monthly basis. |
| 1076 | (19) INTERNET POKER HUB OPERATOR; TECHNICAL SYSTEMS |
| 1077 | REQUIREMENTS.- |
| 1078 | (a) An Internet poker hub operator shall put in place |
| 1079 | technical systems that materially aid the division in fulfilling |
| 1080 | its regulatory, consumer protection, and revenue-raising |
| 1081 | functions and allow the division unrestricted access to and the |
| 1082 | right to inspect the technical systems. |
| 1083 | (b) An Internet poker hub operator shall ensure that the |
| 1084 | network is protected from manipulation or tampering to affect |
| 1085 | the random probabilities of winning plays. |
| 1086 | (c) An Internet poker hub operator shall define and |
| 1087 | document its methodology for the following: |
| 1088 | 1. The development, implementation, and maintenance of |
| 1089 | gaming software in a manner representative of industry best |
| 1090 | practice standards. |
| 1091 | 2. Server connectivity requirements that include: |
| 1092 | a. Minimum game server connectivity requirements that |
| 1093 | ensure players are protected from losses due to connectivity |
| 1094 | problems. |
| 1095 | b. The system's ability to recover all transactions |
| 1096 | involving player funds in the event of a failure or malfunction. |
| 1097 | c. Aborted game procedures. |
| 1098 | 3. Ability of the system to recover all information |
| 1099 | required for viewing a game interrupted due to loss of |
| 1100 | connectivity. |
| 1101 | 4. Consumer protection requirements. |
| 1102 | 5. Responsible advertising, marketing, and promotion that |
| 1103 | ensure that players are not misled through advertising or |
| 1104 | promotional activities, and will ensure that the terms and |
| 1105 | conditions of their promotions are followed. |
| 1106 | 6. Anti-money-laundering controls. |
| 1107 | 7. Preventive and detective controls addressing money |
| 1108 | laundering and fraud risks which shall be documented and |
| 1109 | implemented. |
| 1110 | (d) An Internet poker hub operator shall retain all such |
| 1111 | documentation for at least 12 months. |
| 1112 | (20) FEE FOR PARTICIPATION.-An Internet poker hub operator |
| 1113 | shall charge a fee or a tournament fee to registered players for |
| 1114 | the right to participate in authorized games or tournaments |
| 1115 | conducted on a state Internet poker network. The participation |
| 1116 | fee may be a per-hand charge, a flat fee, an hourly rate, or a |
| 1117 | rake subject to the posted maximum amount but may not be based |
| 1118 | on the amount won by players. The fee shall be designated and |
| 1119 | conspicuously posted on the registered player's screen prior to |
| 1120 | the start of each proposed or authorized game. |
| 1121 | (21) PROHIBITED RELATIONSHIPS.- |
| 1122 | (a) A proprietorship, partnership, corporation, |
| 1123 | subcontractor, or other entity must obtain a valid intrastate |
| 1124 | Internet poker business occupational license issued by the |
| 1125 | division to partner with, contract with, be associated with, or |
| 1126 | participate in the conduct of intrastate Internet poker |
| 1127 | operations with an Internet poker hub operator or a cardroom |
| 1128 | affiliate. |
| 1129 | (b) A person employed by or performing any function on |
| 1130 | behalf of the division may not: |
| 1131 | 1. Be an officer, director, owner, or employee of any |
| 1132 | person or entity licensed by the division. |
| 1133 | 2. Have or hold any interest, direct or indirect, in or |
| 1134 | engage in any commerce or business relationship with any person |
| 1135 | licensed by the division. |
| 1136 | (c) An employee of the division or a relative living in |
| 1137 | the same household as the employee may not play at any time on a |
| 1138 | state Internet poker network. |
| 1139 | (d) An occupational licensee of an Internet poker hub |
| 1140 | operator or a relative living in the same household as the |
| 1141 | occupational licensee may not play at any time on a state |
| 1142 | Internet poker network. This paragraph does not apply to an |
| 1143 | occupational licensee of a cardroom affiliate. |
| 1144 | (22) PROHIBITED ACTS; PENALTIES.- |
| 1145 | (a) An Internet poker hub operator may conduct any |
| 1146 | proposed or authorized game under subsection (16) unless |
| 1147 | specifically prohibited by the division or by this section. |
| 1148 | (b) A person who has not attained 18 years of age may not |
| 1149 | hold an intrastate Internet poker occupational license or engage |
| 1150 | in any game conducted therein. |
| 1151 | (c) It is a violation of the laws of this state for any |
| 1152 | entity to offer Internet poker for free or for money or any |
| 1153 | other consideration to individuals present in this state unless |
| 1154 | that entity can demonstrate that it is in compliance with the |
| 1155 | laws and tax regulations of the United States and of this state. |
| 1156 | (d) Any entity that has accepted any wager of money or |
| 1157 | other consideration on any online gambling activity, including |
| 1158 | poker, from any Florida resident since October 13, 2006, is not |
| 1159 | eligible to apply for licensure and participate in intrastate |
| 1160 | Internet poker in this state for a period of 3 years after the |
| 1161 | effective date of this act. |
| 1162 | (e) Except as otherwise provided by law and in addition to |
| 1163 | any other penalty, any person who knowingly makes or causes to |
| 1164 | be made, or aids, assists, or procures another to make, a false |
| 1165 | statement in any report, disclosure, application, or any other |
| 1166 | document required under this section or any rule adopted under |
| 1167 | this section is subject to an administrative fine of up to |
| 1168 | $10,000. |
| 1169 | (f) Any person who manipulates or attempts to manipulate |
| 1170 | the outcome, payoff, or operation of the play of intrastate |
| 1171 | Internet poker by tampering, collusion, or fraud, or by the use |
| 1172 | of any object, instrument, or device, by any means, commits a |
| 1173 | felony of the third degree, punishable as provided in s. |
| 1174 | 775.082, s. 775.083, or s. 775.084. |
| 1175 | (g) All penalties imposed and collected under this |
| 1176 | subsection shall be deposited into the Pari-mutuel Wagering |
| 1177 | Trust Fund. |
| 1178 | (23) LICENSE FEES.- |
| 1179 | (a) Upon the submission of the initial application for an |
| 1180 | Internet poker hub operator license and annually thereafter, on |
| 1181 | the anniversary date of the issuance of the initial license, an |
| 1182 | Internet poker hub operator licensee shall pay a nonrefundable |
| 1183 | license fee of $500,000 for the succeeding 12 months of |
| 1184 | licensure. |
| 1185 | (b) Upon submission of the initial application for a |
| 1186 | cardroom affiliate license and annually thereafter, as |
| 1187 | prescribed by the division, the licensee shall pay to the |
| 1188 | division a nonrefundable license fee of $1,000 for the |
| 1189 | succeeding 12 months of licensure. |
| 1190 | (c) The license fees required under this subsection shall |
| 1191 | be deposited into the Pari-mutuel Wagering Trust Fund to be used |
| 1192 | by the division for the regulation, investigations, and |
| 1193 | enforcement of the intrastate Internet poker provisions under |
| 1194 | this section. These payments shall be accounted for separately |
| 1195 | from taxes or fees paid pursuant to chapters 550 and 551 and s. |
| 1196 | 849.086. |
| 1197 | (24) ADVANCE PAYMENT BY AN INTERNET POKER HUB OPERATOR.- |
| 1198 | Upon the awarding of a contract to be an Internet poker hub |
| 1199 | operator by the division under subsection (6), an Internet poker |
| 1200 | hub operator licensee shall pay to the division a nonrefundable |
| 1201 | payment of $10 million. This payment shall be treated as an |
| 1202 | advance payment to the state by each Internet poker hub operator |
| 1203 | and shall be credited against the tax on monthly gross receipts |
| 1204 | derived from the play of intrastate Internet poker under |
| 1205 | paragraph (25)(a) until the original amount is recouped by each |
| 1206 | Internet poker hub operator. |
| 1207 | (25) TAX RATE; OTHER PAYMENTS; PENALTIES.- |
| 1208 | (a) Each Internet poker hub operator shall pay a tax to |
| 1209 | the state of 10 percent of the operator's monthly gross receipts |
| 1210 | derived from the play of intrastate Internet poker. However, an |
| 1211 | Internet poker hub operator shall pay no taxes under this |
| 1212 | paragraph until the full amount of the advance payment made by |
| 1213 | that poker hub operator under subsection (24) has been credited |
| 1214 | against the tax. Credit of the advance payment toward the tax |
| 1215 | shall be made upon receipt by the division of the monthly report |
| 1216 | required under paragraph (b). |
| 1217 | (b) The gross receipts tax imposed by this section shall |
| 1218 | be paid to the division. Each Internet poker hub operator shall |
| 1219 | remit the gross receipts tax and licensee fees to the division |
| 1220 | to be deposited with the Chief Financial Officer, to the credit |
| 1221 | of the Pari-mutuel Wagering Trust Fund. Such payments shall be |
| 1222 | remitted to the division by electronic funds transfer on the 5th |
| 1223 | day of each calendar month for taxes and fees imposed for the |
| 1224 | preceding month's intrastate Internet poker activities. |
| 1225 | Licensees shall file a report under oath by the 5th day of each |
| 1226 | calendar month for all taxes remitted during the preceding |
| 1227 | calendar month. Such payments shall be accompanied by a report |
| 1228 | under oath showing all intrastate Internet poker activities for |
| 1229 | the preceding calendar month and such other information as may |
| 1230 | be prescribed by the division. |
| 1231 | (c) A licensee who fails to make tax payments as required |
| 1232 | under this section is subject to an administrative penalty of up |
| 1233 | to $10,000 for each day the tax payment is not remitted. All |
| 1234 | penalties imposed and collected under this subsection shall be |
| 1235 | deposited in the Pari-mutuel Wagering Trust Fund. If a licensee |
| 1236 | fails to pay penalties imposed by order of the division under |
| 1237 | this subsection, the division may suspend, revoke, or refuse to |
| 1238 | renew the license of an Internet poker hub operator or cardroom |
| 1239 | affiliate. |
| 1240 | (d) All of the moneys deposited in the Pari-mutuel |
| 1241 | Wagering Trust Fund under this section shall be utilized and |
| 1242 | distributed in the manner specified in s. 550.135(1) and (2). |
| 1243 | (26) DISTRIBUTION OF INCOME DERIVED FROM THE PLAY OF |
| 1244 | INTERNET POKER.- |
| 1245 | (a) After the tax on the monthly gross receipts derived |
| 1246 | from the play of intrastate Internet poker is paid to the state |
| 1247 | as specified under subsection (25), the remaining monthly gross |
| 1248 | receipts shall be distributed by the Internet poker hub |
| 1249 | operators as follows: |
| 1250 | 1. Seventy percent shall be distributed to eligible |
| 1251 | licensed cardrooms and cardroom affiliates. |
| 1252 | a. Before distribution under sub-subparagraph b., if the |
| 1253 | amount to be distributed under this subparagraph for a specific |
| 1254 | month is greater than $35,000 multiplied by the number of |
| 1255 | cardrooms eligible to be cardroom affiliates for that month, |
| 1256 | each licensed cardroom operator as defined in s. 894.086 that |
| 1257 | did not participate as a cardroom affiliate for that month shall |
| 1258 | receive a payment for that month of $20,833, and the remaining |
| 1259 | sum shall be distributed pursuant to sub-subparagraph b. |
| 1260 | b.(I) Fifty percent shall be divided and distributed among |
| 1261 | the cardroom affiliates based on each cardroom affiliate's total |
| 1262 | rake generated from the play of authorized games defined in s. |
| 1263 | 849.086(2)(a) for the previous state fiscal year divided by the |
| 1264 | total previous year's rake for all the cardroom affiliates, as |
| 1265 | determined by the division. |
| 1266 | (II) Fifty percent shall be divided and distributed to the |
| 1267 | cardroom affiliates based on the amount wagered for the previous |
| 1268 | month through each cardroom affiliate's portal as determined by |
| 1269 | the division, divided by the total amount wagered for the |
| 1270 | previous month through all cardroom affiliates' portals. |
| 1271 | c. If two or more cardroom affiliates join together to |
| 1272 | operate a portal for purposes of sub-sub-subparagraphs b.(I) and |
| 1273 | (II), their portal wagers and previous year's rake shall be |
| 1274 | combined. |
| 1275 | d. Each greyhound and each jai alai permitholder that |
| 1276 | receives payments under this subparagraph shall use at least 4 |
| 1277 | percent of its monthly gross receipts from the play of |
| 1278 | intrastate Internet poker to supplement greyhound purses or jai |
| 1279 | alai prize money, respectively, by the permitholder's next |
| 1280 | ensuing pari-mutuel meet. Each thoroughbred, quarter horse, or |
| 1281 | harness horse permitholder that is licensed as a cardroom |
| 1282 | affiliate shall use at least 50 percent of the permitholder's |
| 1283 | monthly net proceeds from the play of intrastate Internet poker |
| 1284 | as follows: 47 percent to supplement purses and 3 percent to |
| 1285 | supplement breeders' awards by the permitholder's next ensuing |
| 1286 | race meet. |
| 1287 | 2. Twenty-five percent shall be retained by the Internet |
| 1288 | poker hub operators from which they shall pay all costs for the |
| 1289 | intrastate Internet poker hub operations. |
| 1290 | 3. Four percent shall be retained by the Internet poker |
| 1291 | hub operators to fund statewide advertising, marketing, and |
| 1292 | promotion of the play of intrastate Internet poker on a state |
| 1293 | Internet poker network. The division shall perform an annual |
| 1294 | audit to verify that the Internet poker hub operators use such |
| 1295 | funds solely for the statewide advertising, marketing, and |
| 1296 | promotion of the play of intrastate Internet poker on a state |
| 1297 | Internet poker network. |
| 1298 | 4. One percent shall fund services related to the |
| 1299 | prevention and treatment of compulsive and addictive gambling |
| 1300 | provided by the entity that is under contract with the division |
| 1301 | under s. 551.118(2). The division shall be responsible for the |
| 1302 | distribution and audit of the funds under this subparagraph. |
| 1303 | (b) The distribution of the preceding monthly gross |
| 1304 | receipts shall be by the 20th day of each calendar month. |
| 1305 | (c) The division shall ensure that all distributions are |
| 1306 | made in accordance with this section and may adopt rules to |
| 1307 | ensure the implementation and proper distribution of funds. |
| 1308 | (d) This subsection does not prevent individual cardrooms |
| 1309 | or a number of cardroom affiliates from joining together in a |
| 1310 | coalition for the purpose of the marketing and promotion of the |
| 1311 | play of intrastate Internet poker on a state Internet poker |
| 1312 | network. |
| 1313 | (27) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.- |
| 1314 | (a) The division may deny a license or the renewal of a |
| 1315 | license, or may suspend or revoke any license, when the |
| 1316 | applicant has: violated or failed to comply with section or any |
| 1317 | rule adopted pursuant to this section; knowingly caused, aided, |
| 1318 | abetted, or conspired with another to cause any person to |
| 1319 | violate this section or any rule adopted pursuant to this |
| 1320 | section; or obtained a license or permit by fraud, |
| 1321 | misrepresentation, or concealment; or if the holder of the |
| 1322 | license is no longer eligible under this section. |
| 1323 | (b) If a cardroom affiliate's pari-mutuel permit or |
| 1324 | license is suspended or revoked by the division pursuant to |
| 1325 | chapter 550, or its cardroom operator's license is suspended or |
| 1326 | revoked by the division pursuant to s. 849.086, the division |
| 1327 | may, but is not required to, suspend or revoke the cardroom |
| 1328 | affiliate's license. If a cardroom affiliate's license is |
| 1329 | suspended or revoked under this section, the division may, but |
| 1330 | is not required to, suspend or revoke the licensee's cardroom |
| 1331 | operator's license. |
| 1332 | (c) Notwithstanding any other provision of this section, |
| 1333 | the division may impose an administrative fine not to exceed |
| 1334 | $10,000 for each violation against any person who has violated |
| 1335 | or failed to comply with this section or any rule adopted |
| 1336 | pursuant to this section. |
| 1337 | (28) PENALTIES.-The division may revoke or suspend any |
| 1338 | Internet poker hub operator license or cardroom affiliate |
| 1339 | license issued under this section upon the willful violation by |
| 1340 | the licensee of this section or any rule adopted pursuant to |
| 1341 | this section. In lieu of suspending or revoking the license, the |
| 1342 | division may impose an administrative fine, not exceeding |
| 1343 | $100,000 for each count or separate offense, upon an Internet |
| 1344 | poker hub operator or a cardroom affiliate for willfully |
| 1345 | violating this section or any rule adopted pursuant to this |
| 1346 | section. All penalties imposed and collected under this section |
| 1347 | shall be deposited into the Pari-mutuel Wagering Trust Fund. |
| 1348 | (29) RULEMAKING.-The division may adopt rules pursuant to |
| 1349 | ss. 120.536(1) and 120.54 to administer the provisions of this |
| 1350 | section. |
| 1351 | (30) LEGISLATIVE AUTHORITY; ADMINISTRATION OF SECTION.-The |
| 1352 | Legislature finds and declares that it has exclusive authority |
| 1353 | over the conduct of intrastate Internet poker in this state. |
| 1354 | Only the Division of Pari-mutuel Wagering and other authorized |
| 1355 | state agencies shall administer this section and regulate the |
| 1356 | intrastate Internet poker industry in the state, including |
| 1357 | operation of all Internet poker hub operators and cardroom |
| 1358 | affiliates, play of authorized games, and the Internet poker |
| 1359 | computer systems authorized in this section, as provided by law |
| 1360 | and rules adopted by the division. |
| 1361 | Section 3. This act shall take effect July 1, 2011. |