HB 487

1	A bill to be entitled
2	An act relating to gaming; amending s. 20.165, F.S.;
3	deleting the Division of Pari-mutuel Wagering within
4	the Department of Business and Professional
5	Regulation; creating s. 20.318, F.S.; establishing the
6	Department of Gaming Control; designating the State
7	Gaming Commission as head of the department; defining
8	terms; specifying powers and duties of the department;
9	authorizing the department to take testimony;
10	authorizing the department to exclude persons from
11	certain gaming establishments; authorizing the
12	department to collect taxes and require compliance
13	with reporting requirements for financial information;
14	authorizing the department to conduct investigations
15	and impose certain fines; authorizing the department
16	to adopt rules; authorizing the department to contract
17	with the Department of Law Enforcement for certain
18	purposes; directing the department to contract with
19	the Department of Revenue for tax collection and
20	financial audit services; authorizing the Department
21	of Revenue to assist in financial investigations of
22	licensees and applicants for licenses; requiring the
23	department to assist the Department of Revenue for the
24	benefit of financially dependent children; authorizing
25	the department to terminate certain deficient license
26	applications and approve licenses; amending s. 120.80,
27	F.S.; deleting certain exceptions and special
28	requirements regarding hearings applicable to the
29	Department of Business and Professional Regulation;
30	creating certain exceptions and special requirements
31	regarding hearings within the Department of Gaming
32	Control; exempting the Destination Resort Selection
33	Committee from specified provisions of the
34	Administrative Procedure Act; designating ss. 551.101-
35	551.123, F.S., as pt. II of ch. 551, F.S., entitled
36	"Slot Machines"; creating ss. 551.002-551.012, F.S.,
37	as pt. I of ch. 551, F.S., entitled "State Gaming
38	Commission"; creating s. 551.002, F.S.; providing
39	definitions; creating s. 551.003, F.S.; creating the
40	State Gaming Commission; providing for membership,
41	terms, service, and compensation; providing for a
42	chair and vice chair; providing that the chair is the
43	administrative head of the commission; providing for a
44	quorum, headquarters, and meetings; providing that the
45	commission serves as the agency head for the
46	department for purposes of the Administrative
47	Procedure Act; providing that the executive director
48	of the commission may serve as the agency head for the
49	department for certain related purposes; creating s.
50	551.004, F.S.; creating the State Gaming Commission
51	Nominating Committee; providing for membership,
52	organization, and responsibilities of the committee;
53	providing procedures for nomination and appointment of
54	members of the commission; creating s. 551.006, F.S.;
55	providing for an executive director of the department;
56	creating s. 551.007, F.S.; providing for the
57	department to employ law enforcement officers or, by
58	interagency agreement, the Department of Law
59	Enforcement to enforce laws within its jurisdiction;
60	creating s. 551.008, F.S.; providing for a code of
61	ethics for the commission and its employees, including
62	restrictions following membership or employment;
63	defining the terms "business entity" and "outside
64	employment"; creating s. 551.009, F.S.; providing for
65	disclosure of certain information by commission
66	members, employees, and agents; prohibiting certain
67	negotiations for employment by commission members,
68	employees, and agents; prohibiting certain gifts;
69	requiring reporting of bribe offers; creating s.
70	551.011, F.S.; providing procedures relating to ex
71	parte communications; providing for the Commission on
72	Ethics to investigate complaints, report to the
73	Governor, and enforce assessed penalties; requiring
74	the Commission on Ethics to provide notice to a person
75	alleged to have participated in an ex parte
76	communication and allow that person to present a
77	defense; providing penalties; creating s. 551.012,
78	F.S.; providing penalties for violation of specified
79	provisions by a commission member, employee, or agent;
80	creating ss. 551.301-551.331, F.S., as pt. III of ch.
81	551, F.S., entitled "Destination Resorts"; creating s.
82	551.301, F.S.; providing a short title; creating s.
83	551.302, F.S.; providing definitions; creating s.
84	551.304, F.S.; specifying the powers of the
85	commission, including the power to authorize gaming at
86	a limited number of destination resorts, conduct
87	investigations, issue subpoenas, take enforcement
88	actions, and create an invitation to negotiate process
89	to evaluate applications for a resort license;
90	authorizing the commission to collect taxes,
91	assessments, fees, and penalties; specifying the
92	jurisdiction and authority of the commission, the
93	Department of Law Enforcement, and local law
94	enforcement agencies to investigate criminal
95	violations and enforce compliance with law; requiring
96	the commission to revoke or suspend the license of a
97	person who was unqualified at the time of licensure or
98	who is no longer qualified to be licensed; creating s.
99	551.305, F.S.; authorizing the commission to adopt
100	rules relating to the types of gaming authorized,
101	requirements for the issuance, renewal, revocation,
102	and suspension of licenses, the disclosure of
103	financial interests, procedures to test gaming
104	equipment, procedures to verify gaming revenues and
105	the collection of taxes, requirements for gaming
106	equipment, procedures relating to a facilities-based
107	computer system, bond requirements of resort
108	licensees, the maintenance of records, procedures to
109	calculate the payout percentages of slot machines,
110	security standards, the scope and conditions for
111	investigations and inspections into the conduct of
112	limited gaming, the seizure of gaming equipment and
113	records without notice or a warrant, employee drug-
114	testing programs, and the payment of costs, fines, and
115	application fees; authorizing the commission to adopt
116	emergency rules; exempting the rules from specified
117	provisions of the Administrative Procedure Act;
118	creating s. 551.306, F.S.; preempting the regulation
119	of limited gaming at a destination resort to the
120	state; creating s. 551.307, F.S.; restricting the
121	award of resort licenses by the commission;
122	authorizing participation in gaming at a licensed
123	resort; creating s. 551.308, F.S.; requiring the
124	commission to develop an invitation to negotiate
125	process to award a resort license; providing criteria
126	and procedures; creating s. 551.309, F.S.; specifying
127	the criteria for evaluation of applications and award
128	of a destination resort license; specifying events
129	that disqualify an applicant from eligibility for a
130	resort license; defining the term "conviction";
131	creating s. 551.310, F.S.; providing for applications
132	for a destination resort license; specifying the
133	information that must be on or included with an
134	application for a resort license; providing for
135	collection of fingerprints; providing for application
136	fees for a resort license to defray the costs of an
137	investigation of the applicant; requiring the payment
138	of application and licensing fees to be submitted with
139	the application for a resort license; creating s.
140	551.311, F.S.; providing that an incomplete
141	application is grounds for denial of the application;
142	requiring the executive director to notify an
143	applicant for a resort license if the application is
144	incomplete; authorizing the applicant to have an
145	informal conference with the executive director to
146	discuss an incomplete application; authorizing the
147	executive director to grant an extension to complete
148	an application; providing for the stay of the award of
149	a resort license during an extension or an appeal to
150	the commission of a finding by the executive director
151	that an application is incomplete; creating s.
152	551.312, F.S.; exempting an institutional investor
153	that is a qualifier for a resort licensee from certain
154	application requirements under certain circumstances;
155	requiring notice to the commission of any changes that
156	may require a person to comply with the full
157	application requirements; creating s. 551.313, F.S.;
158	exempting lending institutions and underwriters from
159	licensing requirements as a qualifier under certain
160	circumstances; creating s. 551.314, F.S.; specifying
161	conditions for a resort licensee to maintain
162	licensure; authorizing the department to adopt rules
163	relating to approval of the licensee's computer
164	system; creating s. 551.315, F.S.; requiring that the
165	licensee post a bond; authorizing the department to
166	adopt rules relating to such bonds; creating s.
167	551.316, F.S.; specifying conditions for the conduct
168	of limited gaming by a resort licensee; providing
169	hours and days of operation and the setting of minimum
170	and maximum wagers; requiring the department to renew
171	the license of a resort licensee if the licensee
172	satisfies specified conditions; creating s. 551.318,
173	F.S.; specifying an annual fee for the renewal of a
174	resort license; imposing gross receipts tax; providing
175	for the deposit of funds; providing for the proceeds
176	of the gross receipts tax to fund the operations of
177	the department; providing for annual distribution of
178	certain unappropriated funds in the department's
179	Destination Resort Trust Fund; creating s. 551.319,
180	F.S.; providing procedures for the submission and
181	processing of fingerprints; providing that the cost of
182	processing the fingerprints shall be borne by a
183	licensee or applicant; requiring a person to report to
184	the department certain pleas and convictions for
185	disqualifying offenses; creating s. 551.321, F.S.;
186	requiring a person to have a supplier license to
187	furnish certain goods and services to a resort
188	licensee; providing for application; providing for
189	license fees to be set by rule based on certain
190	criteria; requiring fingerprinting; specifying persons
191	who are ineligible for supplier licensure; specifying
192	circumstances under which the department may deny or
193	revoke a supplier license; authorizing the department
194	to adopt rules relating to the licensing of suppliers;
195	requiring a supplier licensee to furnish a list of
196	gaming devices and equipment to the department,
197	maintain records, file quarterly returns, and affix
198	its name to the gaming equipment and supplies that it
199	offers; requiring that the supplier licensee annually
200	report its inventory to the department; authorizing
201	the department to suspend, revoke, or restrict a
202	supplier license under certain circumstances;
203	providing that the equipment of a supplier licensee
204	which is used in unauthorized gaming will be forfeited
205	to the county where the equipment is found; providing
206	criminal penalties for a person who knowingly makes a
207	false statement on an application for a supplier
208	license; creating s. 551.322, F.S.; requiring a person
209	to have an occupational license to serve as a limited
210	gaming employee of a resort licensee; requiring a
211	person to apply to the department for an occupational
212	license and pay an application fee; specifying
213	information that an applicant must include in an
214	application for an occupational license, including
215	fingerprints; providing eligibility requirements;
216	specifying grounds for the department to deny,
217	suspend, revoke, or restrict an occupational license;
218	authorizing training to be conducted at certain
219	facilities; providing criminal penalties for a person
220	who knowingly makes a false statement on an
221	application for an occupational license; creating s.
222	551.323, F.S.; authorizing the executive director of
223	the department to issue a temporary occupational or
224	temporary supplier license under certain
225	circumstances; creating s. 551.325, F.S.; requiring
226	the commission to file quarterly reports with the
227	Governor, the President of the Senate, and the Speaker
228	of the House of Representatives; creating s. 551.327,
229	F.S.; providing procedures for the resolution of
230	certain disputes between a resort licensee and a
231	patron; requiring a resort licensee to notify the
232	department of certain disputes; requiring a resort
233	licensee to notify a patron of the right to file a
234	complaint with the department regarding certain
235	disputes; authorizing the department to investigate
236	disputes and to order a resort licensee to make a
237	payment to a patron; providing that gaming-related
238	disputes may be resolved only by the department and
239	are not under the jurisdiction of state courts;
240	creating s. 551.328, F.S.; providing for the
241	enforcement of credit instruments; authorizing a
242	resort licensee to accept an incomplete credit
243	instrument and to complete incomplete credit
244	instruments under certain circumstances; providing
245	that existence of a mental disorder is not a defense
246	or a valid counterclaim in an action to enforce a
247	credit instrument; authorizing the department to adopt
248	rules prescribing the conditions under which a credit
249	instrument may be presented to a bank; creating s.
250	551.330, F.S.; requiring a resort licensee to train
251	its employees about compulsive gambling; requiring a
252	resort licensee to work with a compulsive gambling
253	prevention program; requiring the commission to
254	contract for services relating to the prevention of
255	compulsive gambling; providing for the commission's
256	compulsive gambling prevention program to be funded
257	from a regulatory fee imposed on resort licensees;
258	creating s. 551.331, F.S.; authorizing a person to
259	request that the department exclude him or her from
260	limited gaming facilities; providing for a form and
261	contents of the form; providing that a self-excluded
262	person who is found on a gaming floor may be arrested
263	and prosecuted for criminal trespass; providing that a
264	self-excluded person holds harmless the department and
265	licensees from claims for losses and damages under
266	certain circumstances; requiring the person to submit
267	identification issued by the government; requiring the
268	department to photograph the person requesting self-
269	exclusion; amending s. 561.20, F.S.; exempting
270	destination resorts from certain limitations on the
271	number of licenses to sell alcoholic beverages which
272	may be issued; providing restrictions on a resort
273	issued such license; requiring an annual state license
274	tax to be paid by a resort for such license; providing
275	for deposit of proceeds from the tax; preempting to
276	the state the regulation of alcoholic beverages at
277	destination resorts; providing hours and days
278	alcoholic beverages may be sold at a resort; directing
279	the commission to adopt rules; providing recordkeeping
280	requirements; amending s. 849.15, F.S.; authorizing
281	slot machine gaming in a resort licensee and the
282	transportation of slot machines pursuant to federal
283	law; exempting slot machine licensees from
284	prohibitions relating to coin-operated devices;
285	amending s. 849.231, F.S.; providing that a
286	prohibition on gambling devices does not apply to slot
287	machine licensees and resort licensees as authorized
288	under specified provisions; amending s. 849.25, F.S.;
289	providing that a prohibition on gaming does not apply
290	to slot machine licensees and resort licensees as
291	authorized under specified provisions; creating s.
292	849.48, F.S.; requiring that a person or entity
293	seeking to operate a gambling business, to allow
294	gambling on the person's or entity's premises, or to
295	lease, manufacture, or distribute gambling devices
296	apply for licensure from the Department of Gaming
297	Control; transferring and reassigning certain
298	functions and responsibilities, including records,
299	personnel, property, and unexpended balances of
300	appropriations and other resources, from the Division
301	of Pari-mutuel Wagering of the Department of Business
302	and Professional Regulation to the Department of
303	Gaming Control; transferring certain trust funds from
304	the Department of Business and Professional Regulation
305	to the Department of Gaming Control; amending s.
306	551.102, F.S.; revising the definition of the term
307	"eligible facility" as used in provisions relating to
308	slot machines; conforming provisions to changes made
309	by the act; amending ss. 285.710, 550.002, 550.0251,
310	550.09514, 550.135, 550.24055, 550.2415, 550.2625,
311	550.2704, 550.902, 550.907, 551.101, 551.103, 551.104,
312	551.106, 551.107, 551.108, 551.109, 551.111, 551.112,
313	551.117, 551.119, 551.122, 551.123, 565.02, 817.37,
314	849.086, and 849.094, F.S.; correcting cross-
315	references and conforming provisions to changes made
316	by the act; providing for severability; providing
317	effective dates.
318
319	Be It Enacted by the Legislature of the State of Florida:
320
321	Section 1.  Subsection (2) of section 20.165, Florida
322	Statutes, is amended to read:
323	20.165  Department of Business and Professional
324	Regulation.-There is created a Department of Business and
325	Professional Regulation.
326	(2)  The following divisions of the Department of Business
327	and Professional Regulation are established:
328	(a)  Division of Administration.
329	(b)  Division of Alcoholic Beverages and Tobacco.
330	(c)  Division of Certified Public Accounting.
331	1.  The director of the division shall be appointed by the
332	secretary of the department, subject to approval by a majority
333	of the Board of Accountancy.
334	2.  The offices of the division shall be located in
335	Gainesville.
336	(d)  Division of Florida Condominiums, Timeshares, and
337	Mobile Homes.
338	(e)  Division of Hotels and Restaurants.
339	(f)  Division of Pari-mutuel Wagering.
340	(f)(g)  Division of Professions.
341	(g)(h)  Division of Real Estate.
342	1.  The director of the division shall be appointed by the
343	secretary of the department, subject to approval by a majority
344	of the Florida Real Estate Commission.
345	2.  The offices of the division shall be located in
346	Orlando.
347	(h)(i)  Division of Regulation.
348	(i)(j)  Division of Technology.
349	(j)(k)  Division of Service Operations.
350	Section 2.  Section 20.318, Florida Statutes, is created to
351	read:
352	20.318  Department of Gaming Control.-There is created a
353	Department of Gaming Control.
354	(1)  GAMING COMMISSION.-The State Gaming Commission is the
355	head of the Department of Gaming Control. The commission shall
356	be responsible for appointing and removing the executive
357	director and general counsel of the department.
358	(2)  DIVISIONS.-The Department of Gaming Control shall
359	consist of the following divisions:
360	(a)  The Division of Enforcement.
361	(b)  The Division of Licensure.
362	(c)  The Division of Revenue and Audits.
363	(3)  DEFINITIONS.-As used in this section, the term:
364	(a)  "Commission" means the State Gaming Commission.
365	(b)  "Department" means the Department of Gaming Control.
366	(c)  "Gaming control" means any gaming activity,
367	occupation, or profession regulated by the department.
368	(d)  "License" means any permit, registration, certificate,
369	or license issued by the department.
370	(e)  "Licensee" means any person issued a permit,
371	registration, certificate, or license by the department.
372	(4)  POWERS AND DUTIES.-
373	(a)  The department shall adopt rules establishing a
374	procedure for the renewal of licenses.
375	(b)  The department shall submit an annual budget to the
376	Legislature at a time and in the manner provided by law.
377	(c)  The department shall adopt rules pursuant to ss.
378	120.536(1) and 120.54 to administer the provisions of law
379	conferring duties upon it.
380	(d)  The department shall require an oath on application
381	documents as required by rule, which oath must state that the
382	information contained in the document is true and complete.
383	(e)  The department shall adopt rules for the control,
384	supervision, and direction of all applicants, permittees, and
385	licensees and for the holding, conducting, and operating of any
386	gaming establishment under the jurisdiction of the department in
387	this state. The department shall have the authority to suspend a
388	permit or license under the jurisdiction of the department if
389	such permitholder or licensee has violated any provision of
390	chapter 550, chapter 551, or chapter 849 or rules adopted by the
391	department. Such rules must be uniform in their application and
392	effect, and the duty of exercising this control and power is
393	made mandatory upon the department.
394	(f)  The department may take testimony concerning any
395	matter within its jurisdiction and issue summons and subpoenas
396	for any witness and subpoenas duces tecum in connection with any
397	matter within the jurisdiction of the department under its seal
398	and signed by the executive director.
399	(g)  In addition to the power to exclude certain persons
400	from any pari-mutuel facility in this state, the department may
401	exclude any person from any and all gaming establishments under
402	the jurisdiction of the department in this state. The department
403	may exclude from any gaming establishment under its jurisdiction
404	within this state any person who has been ejected from a pari-
405	mutuel facility or other gaming establishment in this state or
406	who has been excluded from any pari-mutuel facility or other
407	gaming establishment in another state by the governmental
408	department, agency, commission, or authority exercising
409	regulatory jurisdiction over such facilities in such other
410	state. The department may authorize any person who has been
411	ejected or excluded from establishments in this state or another
412	state to enter such facilities in this state upon a finding that
413	the attendance of such person would not be adverse to the public
414	interest or to the integrity of the industry; however, this
415	paragraph may not be construed to abrogate the common-law right
416	of a pari-mutuel permitholder or a proprietor of a gaming
417	establishment to exclude absolutely a patron in this state.
418	(h)  The department may collect taxes and require
419	compliance with reporting requirements for financial information
420	as authorized by chapter 550, chapter 551, s. 849.086, or s.
421	849.094. In addition, the executive director of the department
422	may require gaming establishments within its jurisdiction within
423	the state to remit taxes, including fees, by electronic funds
424	transfer.
425	(i)  The department may conduct investigations necessary
426	for enforcing chapters 550 and 551 and ss. 849.086 and 849.094.
427	(j)  The department may impose an administrative fine for a
428	violation under chapter 550, chapter 551, s. 849.086, or s.
429	849.094 of not more than $10,000 for each count or separate
430	offense, except as otherwise provided in chapter 550, chapter
431	551, s. 849.086, or s. 849.094, and may suspend or revoke a
432	permit, an operating license, or an occupational license for a
433	violation under chapter 550, chapter 551, s. 849.086, or s.
434	849.094. All fines imposed and collected under this paragraph
435	must be deposited with the Chief Financial Officer to the credit
436	of the General Revenue Fund.
437	(k)  The department shall have sole authority and power to
438	make, adopt, amend, or repeal rules relating to gaming
439	operations, to enforce and to carry out the provisions of
440	chapters 550 and 551 and ss. 849.086 and 849.094, and to
441	regulate authorized gaming activities in the state.
442	(l)  The department may contract with the Department of Law
443	Enforcement, through an interagency agreement, to enforce any
444	criminal law or to conduct any criminal investigation.
445	(m)  The department shall contract with the Department of
446	Revenue, through an interagency agreement, to perform the tax
447	collection and financial audit services for the taxes required
448	to be collected by entities licensed or regulated by chapter
449	550, chapter 551, or chapter 849. The interagency agreement
450	shall also allow the Department of Revenue to assist in any
451	financial investigations of licensees or applications for
452	licenses by the Department of Gaming Control or law enforcement
453	agencies.
454	(5)  FINANCIALLY DEPENDENT CHILDREN; SUPPORT.-The
455	department shall work cooperatively with the Department of
456	Revenue to implement an automated method for periodically
457	disclosing information relating to current licensees to the
458	Department of Revenue. The purpose of this subsection is to
459	promote the public policy of this state as established in s.
460	409.2551. The department shall, when directed by the court or
461	the Department of Revenue pursuant to s. 409.2598, suspend or
462	deny the license of any licensee found not to be in compliance
463	with a support order, subpoena, order to show cause, or written
464	agreement entered into by the licensee with the Department of
465	Revenue. The department shall issue or reinstate the license
466	without additional charge to the licensee when notified by the
467	court or the Department of Revenue that the licensee has
468	complied with the terms of the support order. The department is
469	not liable for any license denial or suspension resulting from
470	the discharge of its duties under this subsection.
471	(6)  LICENSING.-The department may:
472	(a)  Close and terminate deficient license application
473	files 2 years after the department notifies the applicant of the
474	deficiency.
475	(b)  Approve gaming-related license applications that meet
476	all statutory and rule requirements for licensure.
477	Section 3.  Subsection (4) of section 120.80, Florida
478	Statutes, is amended, and subsections (19) and (20) are added to
479	that section, to read:
480	120.80  Exceptions and special requirements; agencies.-
481	(4)  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION.-
482	(a)  Business regulation.-The Division of Pari-mutuel
483	Wagering is exempt from the hearing and notice requirements of
484	ss. 120.569 and 120.57(1)(a), but only for stewards, judges, and
485	boards of judges when the hearing is to be held for the purpose
486	of the imposition of fines or suspensions as provided by rules
487	of the Division of Pari-mutuel Wagering, but not for
488	revocations, and only upon violations of subparagraphs 1.-6. The
489	Division of Pari-mutuel Wagering shall adopt rules establishing
490	alternative procedures, including a hearing upon reasonable
491	notice, for the following violations:
492	1.  Horse riding, harness riding, greyhound interference,
493	and jai alai game actions in violation of chapter 550.
494	2.  Application and usage of drugs and medication to
495	horses, greyhounds, and jai alai players in violation of chapter
496	550.
497	3.  Maintaining or possessing any device which could be
498	used for the injection or other infusion of a prohibited drug to
499	horses, greyhounds, and jai alai players in violation of chapter
500	550.
501	4.  Suspensions under reciprocity agreements between the
502	Division of Pari-mutuel Wagering and regulatory agencies of
503	other states.
504	5.  Assault or other crimes of violence on premises
505	licensed for pari-mutuel wagering.
506	6.  Prearranging the outcome of any race or game.
507	(b)  Professional regulation.-Notwithstanding s.
508	120.57(1)(a), formal hearings may not be conducted by the
509	Secretary of Business and Professional Regulation or a board or
510	member of a board within the Department of Business and
511	Professional Regulation for matters relating to the regulation
512	of professions, as defined by chapter 455.
513	(19)  DEPARTMENT OF GAMING CONTROL; PARI-MUTUEL WAGERING.-
514	(a)  The department is exempt from the hearing and notice
515	requirements of ss. 120.569 and 120.57(1)(a) as applied to
516	stewards, judges, and boards of judges if the hearing is to be
517	held for the purpose of the imposition of fines or suspension as
518	provided by rules of the department, but not for revocations,
519	and only to consider violations of subparagraphs (b)1.-6.
520	(b)  The department shall adopt rules establishing
521	alternative procedures, including a hearing upon reasonable
522	notice, for the following:
523	1.  Horse riding, harness riding, greyhound interference,
524	and jai alai game actions in violation of chapter 550.
525	2.  Application and administration of drugs and medication
526	to horses, greyhounds, and jai alai players in violation of
527	chapter 550.
528	3.  Maintaining or possessing any device that could be used
529	for the injection or other infusion of a prohibited drug into a
530	horse, greyhound, or jai alai players in violation of chapter
531	550.
532	4.  Suspensions under reciprocity agreements between the
533	department and regulatory agencies of other states.
534	5.  Assault or other crimes of violence on premises
535	licensed for pari-mutuel wagering.
536	6.  Prearranging the outcome of any race or game.
537	(20)  STATE GAMING COMMISSION.-
538	(a)  The State Gaming Commission is exempt from the hearing
539	and notice requirements of ss. 120.569 and 120.57(1)(a) in
540	proceedings for the issuance or denial of a destination resort
541	license.
542	(b)  Section 120.60 does not apply to applications for a
543	destination resort license.
544	(c)  Notwithstanding s. 120.542, the State Gaming
545	Commission may not accept a petition for waiver or variance and
546	may not grant any waiver or variance from the requirements of
547	part III of chapter 551.
548	Section 4.  Chapter 551, Florida Statutes, consisting of
549	sections 551.101 through 551.123, is designated as part II of
550	that chapter and entitled "Slot Machines"; part I of that
551	chapter, consisting of sections 551.002 through 551.012, as
552	created by this act, is entitled "State Gaming Commission"; and
553	part III of that chapter, consisting of sections 551.301 through
554	551.331, as created by this act, is entitled "Destination
555	Resorts."
556	Section 5.  Section 551.002, Florida Statutes, is created
557	to read:
558	551.002  Definitions.-As used in this chapter, the term:
559	(1)  "Affiliate" means a person or applicant who, directly
560	or indirectly, through one or more intermediaries:
561	(a)  Controls, is controlled by, or is under common control
562	of;
563	(b)  Is in a partnership or joint venture relationship
564	with; or
565	(c)  Is a shareholder of a corporation, a member of a
566	limited liability company, or a partner in a limited liability
567	partnership with,
568
569	an applicant for a resort license or a resort licensee.
570	(2)  "Chair" means the chair of the State Gaming
571	Commission.
572	(3)  "Commission" means the State Gaming Commission.
573	(4)  "Conflict of interest" means a situation in which the
574	private interest of a member, employee, or agent of the
575	commission may influence his or her judgment in the performance
576	of his or her public duty under this chapter. A conflict of
577	interest includes, but is not limited to:
578	(a)  Any conduct that would lead a reasonable person having
579	knowledge of all of the circumstances to conclude that the
580	member, employee, or agent of the commission is biased against
581	or in favor of an applicant.
582	(b)  The acceptance of any form of compensation from a
583	source other than the commission for any services rendered as
584	part of the official duties of the member, employee, or agent of
585	the commission.
586	(c)  Participation in any business transaction with or
587	before the commission in which the member, employee, or agent of
588	the commission, or the parent, spouse, or child of a member,
589	employee, or the agent, has a financial interest.
590	(5)  "Department" means the Department of Gaming Control.
591	(6)  "Division" means the Division of Licensure of the
592	department.
593	(7)  "Executive director" means the executive director of
594	the department.
595	(8)  "Financial interest" or "financially interested" means
596	any interest in investments or awarding of contracts, grants,
597	loans, purchases, leases, sales, or similar matters under
598	consideration or consummated by the commission or the
599	department, or ownership in an applicant or a licensee. A
600	member, employee, or agent of the commission is deemed to have a
601	financial interest in a matter if:
602	(a)  The individual owns any interest in any class of
603	outstanding securities that are issued by a party to the matter
604	under consideration by the commission or the department, except
605	indirect interests such as a mutual fund or stock portfolios; or
606	(b)  The individual is employed by or is an independent
607	contractor for a party to a matter under consideration by the
608	commission or the department.
609	Section 6.  Section 551.003, Florida Statutes, is created
610	to read:
611	551.003  State Gaming Commission; creation and membership.-
612	(1)  CREATION.-There is created the State Gaming
613	Commission. The commission shall be composed of seven members
614	who are residents of the state and who have experience in
615	corporate finance, tourism, convention and resort management,
616	gaming, investigation or law enforcement, business law, or
617	related legal experience. The members of the commission shall
618	serve as the agency head of the commission. The commission is
619	exempt from the provisions of s. 20.052.
620	(2)  MEMBERS.-Each member shall be appointed to a 4-year
621	term. However, for the purpose of providing staggered terms, of
622	the initial appointments, three members shall be appointed to 2-
623	year terms and four members shall be appointed to 4-year terms.
624	Terms expire on June 30. Upon the expiration of the term of a
625	commissioner, a successor shall be appointed in the same manner
626	as the original appointment to serve for a 4-year term. A
627	commissioner whose term has expired shall continue to serve on
628	the commission until such time as a replacement is appointed. If
629	a vacancy on the commission occurs before the expiration of the
630	term, it shall be filled for the unexpired portion of the term
631	in the same manner as the original appointment.
632	(a)1.a.  One member of the commission must be a certified
633	public accountant licensed in this state who possesses at least
634	5 years of experience in general accounting. The member must
635	also possess a comprehensive knowledge of the principles and
636	practices of corporate finance or auditing, general finance,
637	gaming, or economics.
638	b.  One member of the commission must have experience in
639	the fields of investigation or law enforcement.
640	2.  When making appointments to the commission, the
641	Governor shall announce the classification by experience of the
642	person appointed.
643	(b)  A person may not be appointed to or serve as a member
644	of the commission if the person:
645	1.  Is an elected state official;
646	2.  Is licensed by the commission or is an officer of, has
647	a financial interest in, or has a direct or indirect contractual
648	relationship with any applicant for a resort license or resort
649	licensee;
650	3.  Is related to any person within the second degree of
651	consanguinity of affinity who is an applicant for a license or
652	awarded a license by the commission or regulated by the
653	department; or
654	4.  Has, within the 10 years preceding his or her
655	appointment, been under indictment for, convicted of, pled
656	guilty or nolo contendere to, or forfeited bail for a felony or
657	a misdemeanor involving gambling or fraud under the laws of this
658	or any other state or the United States.
659	(c)  Members of the commission shall serve full time and
660	receive an annual salary of $125,000. The chair shall receive an
661	annual salary of $135,000.
662	(3)  CHAIR AND VICE CHAIR.-
663	(a)  The chair shall be appointed by the Governor. The vice
664	chair of the commission shall be elected by the members of the
665	commission during the first meeting of the commission on or
666	after July 1 of each year. The chair shall be the administrative
667	head of the commission. The chair shall set the agenda for each
668	meeting. The chair shall approve all notices, vouchers,
669	subpoenas, and reports as required by law. The chair shall
670	preserve order and decorum and shall have general control of the
671	commission meetings. The chair shall decide all questions of
672	order. The chair may name any member of the commission to
673	perform the duties of the chair for a meeting if such
674	substitution does not extend beyond that meeting.
675	(b)  If for any reason the chair is absent and fails to
676	name a member, the vice chair shall assume the duties of the
677	chair during the chair's absence. On the death, incapacitation,
678	or resignation of the chair, the vice chair shall perform the
679	duties of the office until the Governor appoints a successor.
680	(c)  The administrative responsibilities of the chair are
681	to plan, organize, and control administrative support services
682	for the commission. Administrative functions include, but are
683	not limited to, finance and accounting, revenue accounting,
684	personnel, and office services.
685	(4)  QUORUM.-Four members of the commission constitute a
686	quorum.
687	(5)  HEADQUARTERS.-The headquarters of the commission shall
688	be located in the district as defined in s. 551.302.
689	(6)  MEETINGS.-The commission shall meet at least monthly.
690	Meetings may be called by the chair or by four members of the
691	commission upon 72 hours' public notice. The initial meeting of
692	the commission shall be held within 30 days after the effective
693	date of this section.
694	(7)  AGENCY HEAD.-The commission shall serve as the agency
695	head of the department for purposes of chapter 120. The
696	executive director of the commission may serve as the agency
697	head for purposes of final agency action under chapter 120 for
698	all areas within the regulatory authority delegated to the
699	executive director's office.
700	Section 7.  Effective upon this act becoming a law, section
701	551.004, Florida Statutes, is created to read:
702	551.004  State Gaming Commission Nominating Committee.-
703	(1)(a)  There is created a State Gaming Commission
704	Nominating Committee consisting of six members. Three members of
705	the committee shall be members of the House of Representatives,
706	one of whom shall be a member of the minority party, who shall
707	be appointed by and serve at the pleasure of the Speaker of the
708	House of Representatives. Three members of the committee shall
709	be members of the Senate, one of whom shall be a member of the
710	minority party, who shall be appointed by and serve at the
711	pleasure of the President of the Senate. Initial appointments
712	under this section shall be made within 10 days after the
713	effective date of this section.
714	(b)  The members shall serve 2-year terms concurrent with
715	the 2-year elected terms of House of Representatives members,
716	except that the initial members shall serve until the end of
717	their elected terms. Members may be appointed to two 2-year
718	terms. Vacancies on the committee shall be filled for the
719	unexpired portion of the term in the same manner as original
720	appointments to the committee.
721	(c)  The President of the Senate shall appoint the chair of
722	the committee in even-numbered years and the vice chair in odd-
723	numbered years, and the Speaker of the House of Representatives
724	shall appoint the chair of the committee in odd-numbered years
725	and the vice chair in even-numbered years, from among the
726	council membership.
727	(2)  A member of the committee shall serve at the pleasure
728	of the presiding officer who appointed the member and may not
729	create the appearance of impropriety.
730	(3)  A majority of the membership of the committee may
731	conduct any business before the committee. All meetings and
732	proceedings of the committee shall be staffed by the Office of
733	Legislative Services and shall be subject to ss. 119.07 and
734	286.011. Members of the committee are entitled to receive per
735	diem and travel expenses as provided in s. 112.061. Applicants
736	invited for interviews before the committee may, at the
737	discretion of the committee, receive per diem and travel
738	expenses as provided in s. 112.061. The committee shall
739	establish policies and procedures to govern the process by which
740	applicants for appointment to the commission are nominated.
741	(4)(a)  The committee may spend a nominal amount, not to
742	exceed $10,000, to advertise a vacancy on the commission.
743	(b)  For initial selection of an executive director for the
744	Department of Gaming Control, the committee may advertise and
745	receive applications for employment as the executive director.
746	The committee shall provide the commission with all applications
747	received.
748	(5)  A person may not be nominated to the Governor for
749	appointment to the commission until the committee has determined
750	that the person is competent and knowledgeable in one or more
751	fields as specified in s. 551.003 and the requirements for
752	appointees under s. 551.003 are met.
753	(6)  It is the responsibility of the committee to nominate
754	to the Governor no fewer than three persons for each vacancy
755	occurring on the commission. The committee shall submit
756	recommendations for the initial appointments to the commission
757	to the Governor within 60 days after the effective date of this
758	section. Thereafter, the committee shall submit the
759	recommendations to the Governor by March 15 of those years in
760	which the terms are to begin the following July, or within 60
761	days after a vacancy occurs for any reason other than the
762	expiration of the term.
763	(7)  The Governor shall, pursuant to this section and s.
764	551.003, make initial appointments to the commission within 60
765	days after receiving the recommended nominees under this section
766	and fill any vacancy occurring on the commission by appointment
767	of one of the applicants nominated by the committee. An
768	appointment may be made only after a background investigation of
769	such applicant has been conducted by the Department of Law
770	Enforcement.
771	(8)  Members of the commission shall be appointed by the
772	Governor and, notwithstanding s. 114.05(1)(e) and (f), shall be
773	subject to confirmation by the Senate under the following
774	conditions. The Senate may consider the appointment during the
775	regular session immediately following the effective date of the
776	appointment or during any subsequent regular or special session
777	during the term of the member. The Senate may confirm or refuse
778	to confirm the appointment during any regular or special
779	session.
780	(9)  When the Governor makes an appointment to fill a
781	vacancy occurring due to expiration of the term, and that
782	appointment has not been confirmed by the Senate before the
783	appointing Governor's term ends, a successor Governor may,
784	within 30 days after taking office, recall the appointment and,
785	prior to the first day of the next regular session, make a
786	replacement appointment from the list provided to the previous
787	Governor by the committee. Such an appointment is subject to
788	confirmation by the Senate pursuant to subsection (8).
789	Section 8.  Section 551.006, Florida Statutes, is created
790	to read:
791	551.006  Executive director.-The commission shall, pursuant
792	to s. 20.05, appoint or remove the executive director of the
793	department by a majority vote. An interim executive director
794	shall be appointed within 10 days after the initial meeting of
795	the commission.
796	(1)  The executive director:
797	(a)  Shall devote full time to the duties of the office;
798	(b)  May not hold any other office or employment;
799	(c)  Shall perform all duties assigned by the commission;
800	and
801	(d)  May hire assistants, consultants, and employees as
802	necessary to conduct the business of the commission.
803	(2)(a)  The executive director may not employ a person who,
804	during the 3 years immediately preceding employment, held a
805	direct or indirect interest in, or was employed by:
806	1.  A resort licensee or supplier licensee;
807	2.  An applicant for a resort license or an applicant for a
808	similar license in another jurisdiction;
809	3.  An entity licensed to operate a gaming facility in
810	another state;
811	4.  A pari-mutuel gaming facility licensed to operate in
812	this state; or
813	5.  A tribal gaming facility within this state.
814	(b)  Notwithstanding paragraph (a), a person may be
815	employed by the commission if the commission finds that the
816	person's former interest in any licensee will not interfere with
817	the objective discharge of the person's employment obligations.
818	However, a person may not be employed by the commission if:
819	1.  The person's interest in an applicant, licensee, or
820	tribal facility constituted a controlling interest; or
821	2.  The person or the person's spouse, parent, child,
822	child's spouse, or sibling is a member of the commission, or a
823	director of, or a person financially interested in, an applicant
824	or a licensee.
825	Section 9.  Section 551.007, Florida Statutes, is created
826	to read:
827	551.007  Law enforcement.-
828	(1)  The department may employ sworn law enforcement
829	officers meeting the qualifications and certification
830	requirements under paragraph (a), and hire and train personnel
831	to be employed as sworn law enforcement officers, to enforce any
832	criminal law, conduct any criminal investigation, or enforce any
833	statute within the jurisdiction of the department.
834	(a)  Each law enforcement officer must meet the
835	qualifications for law enforcement officers under s. 943.13 and
836	must be certified as a law enforcement officer by the Department
837	of Law Enforcement. Upon certification, each law enforcement
838	officer is subject to and has the authority provided to law
839	enforcement officers generally under chapter 901 and has
840	statewide jurisdiction.
841	(b)  Each law enforcement officer has arrest authority as
842	provided for state law enforcement officers under s. 901.15, and
843	full law enforcement powers granted to other officers of this
844	state, including the authority to make arrests, carry firearms,
845	serve court process, and seize contraband and proceeds from
846	illegal activities.
847	(c)  Each law enforcement officer of the commission, upon
848	certification under s. 943.1395, has the same right and
849	authority to carry arms as do the sheriffs of this state.
850	(2)  The department may also, by interagency agreement,
851	employ the Department of Law Enforcement to enforce any criminal
852	law, conduct any criminal investigation, or enforce any statute
853	within the jurisdiction of the commission or the department.
854	Section 10.  Section 551.008, Florida Statutes, is created
855	to read:
856	551.008  Code of ethics.-
857	(1)  The commission shall adopt a code of ethics by rule
858	for its members, employees, and agents.
859	(2)  A member of the commission or the executive director
860	may not hold a direct or indirect interest in, be employed by,
861	or enter into a contract for services with an applicant or
862	person licensed by the commission for a period of 3 years after
863	the date of termination of the person's membership on or
864	employment with the commission.
865	(3)  An employee of the commission may not acquire a direct
866	or indirect interest in, be employed by, or enter into a
867	contract for services with an applicant or person licensed by
868	the commission for a period of 3 years after the date of
869	termination of the person's employment with the commission.
870	(4)  A commission member or a person employed by the
871	commission may not represent a person or party other than the
872	state before or against the commission for a period of 3 years
873	after the date of termination of the member's term of office or
874	the employee's period of employment with the commission.
875	(5)  A business entity in which a former commission member,
876	employee, or agent has an interest, or any partner, officer, or
877	employee of that business entity, may not appear before or
878	represent another person before the commission if the former
879	commission member, employee, or agent would be prohibited from
880	doing so. As used in this subsection, the term "business entity"
881	means a corporation, limited liability company, partnership,
882	limited liability partnership association, trust, or other form
883	of legal entity.
884	(6)  A member, employee, or agent of the commission may
885	not, during the duration of the person's appointment or
886	employment:
887	(a)  Use the person's official authority or influence for
888	the purpose of interfering with or affecting the result of an
889	election;
890	(b)  Run for nomination or as a candidate for election to
891	any partisan or nonpartisan political office; or
892	(c)  Knowingly solicit or discourage the participation in
893	any political activity of any person who is:
894	1.  Applying for any compensation, grant, contract, ruling,
895	license, permit, or certificate pending before the commission;
896	or
897	2.  The subject of or a participant in an ongoing audit,
898	investigation, or enforcement action being carried out by the
899	commission.
900	(7)  A former member, employee, or agent of the commission
901	may appear before the commission as a witness testifying as to
902	factual matters or actions handled by the former member,
903	employee, or agent during his or her tenure with the commission.
904	However, the former member, employee, or agent of the commission
905	may not receive compensation for the appearance other than a
906	standard witness fee and reimbursement for travel expenses as
907	established by statute or rules governing administrative
908	proceedings before the Division of Administrative Hearings.
909	(8)(a)  The executive director must approve outside
910	employment for an employee or agent of the commission.
911	(b)  An employee or agent of the commission granted
912	permission for outside employment may not conduct any business
913	or perform any activities, including solicitation, related to
914	outside employment on premises used by the commission or during
915	the employee's working hours for the commission.
916	(c)  As used in this subsection, the term "outside
917	employment" includes, but is not limited to:
918	1.  Operating a proprietorship;
919	2.  Participating in a partnership or group business
920	enterprise; or
921	3.  Performing as a director or corporate officer of any
922	for-profit corporation or banking or credit institution.
923	(9)  A member, employee, or agent of the commission may not
924	participate in or wager on any game conducted by any resort
925	licensee or applicant or any affiliate of a licensee or
926	applicant regulated by the commission in this state or in any
927	other jurisdiction, except as required as part of the person's
928	surveillance, security, or other official duties.
929	Section 11.  Section 551.009, Florida Statutes, is created
930	to read:
931	551.009  Disclosures by commissioners, employees, and
932	agents.-
933	(1)  COMMISSIONERS.-
934	(a)  Each member of the commission must file a financial
935	disclosure statement pursuant to s. 112.3145.
936	(b)  Each member must disclose information required by
937	rules of the commission to ensure the integrity of the
938	commission and its work.
939	(c)  By January 1 of each year, each member must file a
940	statement with the commission:
941	1.  Affirming that neither the member, nor the member's
942	spouse, parent, child, or child's spouse, is a member of the
943	board of directors of, financially interested in, or employed by
944	an applicant or resort licensee.
945	2.  Affirming that the member is in compliance with part
946	III and the rules of the commission.
947	3.  Disclosing any legal or beneficial interest in real
948	property that is or may be directly or indirectly involved with
949	activities or persons regulated by the commission.
950	(d)  Each member must disclose involvement with any gaming
951	interest in the 3 years preceding appointment as a member.
952	(2)  EMPLOYEES AND AGENTS.-
953	(a)  The executive director and each managerial employee
954	and agent, as determined by the commission, must file a
955	financial disclosure statement pursuant to s. 112.3145. All
956	employees and agents must comply with the provisions of chapter
957	112.
958	(b)  The executive director and each managerial employee
959	and agent identified by rule of the commission must disclose
960	information required by rules of the commission to ensure the
961	integrity of the commission and its work.
962	(c)  By January 31 of each year, each employee and agent of
963	the commission must file a statement with the commission:
964	1.  Affirming that neither the employee, nor the employee's
965	spouse, parent, child, or child's spouse, is financially
966	interested in or employed by an applicant or licensee.
967	2.  Affirming that the person does not have any financial
968	interest prohibited by laws or rules administered by the
969	commission.
970	3.  Disclosing any legal or beneficial interest in real
971	property that is or may be directly or indirectly involved with
972	activities or persons regulated by the commission.
973	(d)  Each employee or agent of the commission must disclose
974	involvement with any gaming interest during the 3 years before
975	employment.
976	(3)  CIRCUMSTANCES REQUIRING IMMEDIATE DISCLOSURE.-
977	(a)  A member, employee, or agent of the commission who
978	becomes aware that the member, employee, or agent of the
979	commission or his or her spouse, parent, or child is a member of
980	the board of directors of, financially interested in, or
981	employed by an applicant or licensee must immediately provide
982	detailed written notice to the chair.
983	(b)  A member, employee, or agent of the commission must
984	immediately provide detailed written notice of the circumstances
985	to the chair if the member, employee, or agent is indicted,
986	charged with, convicted of, pleads guilty or nolo contendere to,
987	or forfeits bail for:
988	1.  A misdemeanor involving gambling, dishonesty, theft, or
989	fraud;
990	2.  A violation of any law in any state, or a law of the
991	United States or any other jurisdiction, involving gambling,
992	dishonesty, theft, or fraud which substantially corresponds to a
993	misdemeanor in this state; or
994	3.  A felony under the laws of this or any other state, the
995	United States, or any other jurisdiction.
996	(c)  A member, employee, or agent of the commission who is
997	negotiating for an interest in a licensee or an applicant, or is
998	affiliated with such a person, must immediately provide written
999	notice of the details of the interest to the chair. The member,
1000	employee, or agent of the commission may not act on behalf of
1001	the commission with respect to that person.
1002	(d)  A member, employee, or agent of the commission may not
1003	enter into negotiations for employment with any person or
1004	affiliate of any person who is an applicant, licensee, or
1005	affiliate. If a member, employee, or agent of the commission
1006	enters into negotiations for employment in violation of this
1007	paragraph or receives an invitation, written or oral, to
1008	initiate a discussion concerning employment with any person who
1009	is a licensee, applicant, or affiliate, he or she must
1010	immediately provide written notice of the details of any such
1011	negotiations or discussions to the chair. The member, employee,
1012	or agent of the commission may not take any action on behalf of
1013	the commission with respect to that licensee or applicant.
1014	(e)  A licensee or applicant may not knowingly initiate a
1015	negotiation for, or discussion of, employment with a member,
1016	employee, or agent of the commission. A licensee or applicant
1017	who initiates a negotiation or discussion about employment shall
1018	immediately provide written notice of the details of the
1019	negotiation or discussion to the chair as soon as that person
1020	becomes aware that the negotiation or discussion has been
1021	initiated with a member, employee, or agent of the commission.
1022	(f)  A member, employee, or agent of the commission, or a
1023	parent, spouse, sibling, or child of a member, employee, or
1024	agent of the commission, may not accept any gift, gratuity,
1025	compensation, travel, lodging, or anything of value, directly or
1026	indirectly, from a licensee, applicant, or affiliate or
1027	representative of a person regulated by the commission. A
1028	member, employee, or agent of the commission who is offered or
1029	receives any gift, gratuity, compensation, travel, lodging, or
1030	anything of value, directly or indirectly, from any licensee,
1031	applicant, or affiliate or representative of a person regulated
1032	by the commission must immediately provide written notice of the
1033	details to the chair.
1034	(g)  A licensee, applicant, or affiliate or representative
1035	of an applicant or licensee may not, directly or indirectly,
1036	knowingly give or offer to give any gift, gratuity,
1037	compensation, travel, lodging, or anything of value to any
1038	member or employee, or to a parent, spouse, sibling, or child of
1039	a member, employee, or agent, which the member or employee is
1040	prohibited from accepting under paragraph (f).
1041	(h)  A member, employee, or agent of the commission may not
1042	engage in any conduct that constitutes a conflict of interest
1043	and must immediately advise the chair in writing of the details
1044	of any incident or circumstance that would suggest the existence
1045	of a conflict of interest with respect to the performance of
1046	commission-related work or duty of the member, employee, or
1047	agent of the commission.
1048	(i)  A member, employee, or agent of the commission who is
1049	approached and offered a bribe must immediately provide a
1050	written account of the details of the incident to the chair and
1051	to a law enforcement agency having jurisdiction over the matter.
1052	Section 12.  Section 551.011, Florida Statutes, is created
1053	to read:
1054	551.011  Ex parte communications.-
1055	(1)  A licensee, applicant, or affiliate or representative
1056	of an applicant or licensee may not engage directly or
1057	indirectly in ex parte communications concerning a pending
1058	application, license, or enforcement action with a member of the
1059	commission or concerning a matter that likely will be pending
1060	before the commission. A member of the commission may not engage
1061	directly or indirectly in any ex parte communications concerning
1062	a pending application, license, or enforcement action with
1063	members of the commission, or with a licensee, applicant, or
1064	affiliate or representative of an applicant or licensee, or
1065	concerning a matter that likely will be pending before the
1066	commission.
1067	(2)  Any commission member, licensee, applicant, or
1068	affiliate or representative of a commission member, licensee, or
1069	applicant who receives any ex parte communication in violation
1070	of subsection (1), or who is aware of an attempted communication
1071	in violation of subsection (1), must immediately report details
1072	of the communication or attempted communication in writing to
1073	the chair.
1074	(3)  If a commissioner knowingly receives an ex parte
1075	communication relative to a proceeding to which he or she is
1076	assigned, he or she must place on the record copies of all
1077	written communications received, copies of all written responses
1078	to the communications, and a memorandum stating the substance of
1079	all oral communications received and all oral responses made,
1080	and shall give written notice to all parties to the
1081	communication that such matters have been placed on the record.
1082	Any party who desires to respond to an ex parte communication
1083	may do so. The response must be received by the commission
1084	within 10 days after receiving notice that the ex parte
1085	communication has been placed on the record. The commissioner
1086	may, if he or she deems it necessary to eliminate the effect of
1087	an ex parte communication received by him or her, withdraw from
1088	the proceeding potentially impacted by the ex parte
1089	communication. After a commissioner withdraws from the
1090	proceeding, the chair shall substitute another commissioner for
1091	the proceeding if the proceeding was not assigned to the full
1092	commission.
1093	(4)  Any individual who makes an ex parte communication
1094	must submit to the commission a written statement describing the
1095	nature of the communication, including the name of the person
1096	making the communication, the name of the commissioner or
1097	commissioners receiving the communication, copies of all written
1098	communications made, all written responses to such
1099	communications, and a memorandum stating the substance of all
1100	oral communications received and all oral responses made. The
1101	commission shall place on the record of a proceeding all such
1102	communications.
1103	(5)  A member of the commission who knowingly fails to
1104	place on the record any ex parte communications, in violation of
1105	this section, within 15 days after the date of the communication
1106	is subject to removal and may be assessed a civil penalty not to
1107	exceed $25,000.
1108	(6)  The Commission on Ethics shall receive and investigate
1109	sworn complaints of violations of this section pursuant to ss.
1110	112.322-112.3241.
1111	(7)  If the Commission on Ethics finds that a member of the
1112	commission has violated this section, it shall provide the
1113	Governor with a report of its findings and recommendations. The
1114	Governor may enforce the findings and recommendations of the
1115	Commission on Ethics pursuant to part III of chapter 112.
1116	(8)  If a commissioner fails or refuses to pay the
1117	Commission on Ethics any civil penalties assessed pursuant to
1118	this section, the Commission on Ethics may bring an action in
1119	any circuit court to enforce such penalty.
1120	(9)  If, during the course of an investigation by the
1121	Commission on Ethics into an alleged violation of this section,
1122	allegations are made as to the identity of the person who
1123	participated in the ex parte communication, that person must be
1124	given notice and an opportunity to participate in the
1125	investigation and relevant proceedings to present a defense. If
1126	the Commission on Ethics determines that the person participated
1127	in the ex parte communication, the person may not appear before
1128	the commission or otherwise represent anyone before the
1129	commission for 2 years.
1130	Section 13.  Section 551.012, Florida Statutes, is created
1131	to read:
1132	551.012  Penalties for misconduct by a commissioner,
1133	employee, or agent.-
1134	(1)  A violation of this chapter by a member of the
1135	commission may result in disqualification or constitute cause
1136	for removal by the Governor or other disciplinary action as
1137	determined by the commission.
1138	(2)  A violation of this chapter by an employee or agent of
1139	the commission does not require termination of employment or
1140	other disciplinary action if:
1141	(a)  The commission determines that the conduct involved
1142	does not violate the purposes this chapter; or
1143	(b)  There was no intentional action on the part of the
1144	employee or agent, contingent on divestment of any financial
1145	interest within 30 days after the interest was acquired.
1146	(3)  Notwithstanding subsection (2), an employee or agent
1147	of the commission who violates this chapter shall be terminated
1148	if a financial interest in a licensee, applicant, or affiliate
1149	or representative of a licensee or applicant is acquired by:
1150	(a)  An employee of the commission; or
1151	(b)  The employee's or agent's spouse, parent, or child.
1152	(4)  A violation of this chapter does not create a civil
1153	cause of action.
1154	Section 14.  Section 551.301, Florida Statutes, is created
1155	to read:
1156	551.301  This part may be cited as the "Destination Resort
1157	Act" or the "Resort Act."
1158	Section 15.  Section 551.302, Florida Statutes, is created
1159	to read:
1160	551.302  Definitions.-As used in this part, the term:
1161	(1)  "Ancillary areas" includes the following areas within
1162	a limited gaming facility, unless the context otherwise
1163	requires:
1164	(a)  Major aisles, the maximum area of which may not exceed
1165	the limit within any part of the limited gaming facility as
1166	specified by the commission.
1167	(b)  Back-of-house facilities.
1168	(c)  Any reception or information counter.
1169	(d)  Any area designated for the serving or consumption of
1170	food and beverages.
1171	(e)  Any retail outlet.
1172	(f)  Any area designated for performances.
1173	(g)  Any area designated for aesthetic or decorative
1174	displays.
1175	(h)  Staircases, staircase landings, escalators, lifts, and
1176	lift lobbies.
1177	(i)  Bathrooms.
1178	(j)  Any other area that is not intended to be used for the
1179	conduct or playing of games or as a gaming pit as defined by
1180	rules of the commission or specified in the application for the
1181	destination resort license.
1182	(2)  "Applicant," as the context requires, means a person
1183	who applies for a resort license, supplier license, or
1184	occupational license. A county, municipality, or other unit of
1185	government is prohibited from applying for a resort license.
1186	(3)  "Credit" means the method by which a licensee issues
1187	chips or tokens to a wagerer of the licensee to play games or
1188	slot machines, in return for which the wagerer executes a credit
1189	instrument to evidence the debt owed. The issuance of credit to
1190	a wagerer may not be deemed a loan from the licensee to the
1191	wagerer.
1192	(4)  "Destination resort" or "resort" means a freestanding,
1193	land-based structure in which limited gaming may be conducted. A
1194	destination resort is a mixed-use development consisting of a
1195	combination of various tourism amenities and facilities,
1196	including, but not limited to, hotels, villas, restaurants,
1197	limited gaming facilities, convention facilities, attractions,
1198	entertainment facilities, service centers, and shopping centers.
1199	(5)  "Destination resort license" or "resort license" means
1200	a license to operate and maintain a destination resort having a
1201	limited gaming facility.
1202	(6)  "District" means a county in which a majority of the
1203	electors voting in a countywide referendum have approved the
1204	conduct of slot machine gaming as defined in s. 551.102 or a
1205	majority of the electors voting in a countywide referendum have
1206	passed a referendum allowing for limited gaming.
1207	(7)  "Gaming pit" means an area commonly known as a gaming
1208	pit or any similar area from which limited gaming employees
1209	administer and supervise the games.
1210	(8)  "Gross receipts" means the total of cash or cash
1211	equivalents received or retained as winnings by a resort
1212	licensee and the compensation received for conducting any game
1213	in which the resort licensee is not party to a wager, less cash
1214	taken in fraudulent acts perpetrated against the resort licensee
1215	for which the resort licensee is not reimbursed. The term does
1216	not include:
1217	(a)  Counterfeit money or tokens;
1218	(b)  Coins of other countries which are received in gaming
1219	devices and which cannot be converted into United States
1220	currency;
1221	(c)  Promotional credits or free play as provided by the
1222	resort licensee as a means of marketing the limited gaming
1223	facility; or
1224	(d)  The amount of any credit extended until collected.
1225	(9)  "Individual" means a natural person.
1226	(10)  "Institutional investor" means, but is not limited
1227	to:
1228	(a)  A retirement fund administered by a public agency for
1229	the exclusive benefit of federal, state, or county public
1230	employees.
1231	(b)  An employee benefit plan or pension fund that is
1232	subject to the Employee Retirement Income Security Act of 1974.
1233	(c)  An investment company registered under the Investment
1234	Company Act of 1940.
1235	(d)  A collective investment trust organized by a bank
1236	under 12 C.F.R. part 9, s. 9.18.
1237	(e)  A closed-end investment trust.
1238	(f)  A life insurance company or property and casualty
1239	insurance company.
1240	(g)  A financial institution.
1241	(h)  An investment advisor registered under the Investment
1242	Advisers Act of 1940.
1243	(i)  Such other persons as the commission may determine for
1244	reasons consistent with the policies of this part.
1245	(11)  "Junket enterprise" means any person who, for
1246	compensation, employs or otherwise engages in the procurement or
1247	referral of persons for a junket to a destination resort
1248	licensed under this part regardless of whether those activities
1249	occur within this state. The term does not include a resort
1250	licensee or applicant for a resort license or a person holding
1251	an occupational license.
1252	(12)  "License," as the context requires, means a resort
1253	license, supplier license, or occupational license.
1254	(13)  "Licensee," as the context requires, means a person
1255	who is licensed as a resort licensee, supplier licensee, or
1256	occupational licensee.
1257	(14)  "Limited gaming," "game," or "gaming," as the context
1258	requires, means the games authorized under this part in a
1259	limited gaming facility, including, but not limited to, those
1260	commonly known as baccarat, twenty-one, poker, craps, slot
1261	machines, video gaming of chance, roulette wheels, Klondike
1262	tables, punch-board, faro layout, numbers ticket, push car, jar
1263	ticket, pull tab, or their common variants, or any other game of
1264	chance or wagering device that is authorized by the commission.
1265	(15)  "Limited gaming employee" or "gaming employee" means
1266	any employee of a resort licensee, including, but not limited
1267	to:
1268	(a)  Cashiers.
1269	(b)  Change personnel.
1270	(c)  Count room personnel.
1271	(d)  Slot machine attendants.
1272	(e)  Hosts or other individuals authorized to extend
1273	complimentary services, including employees performing functions
1274	similar to those performed by a representative for a junket
1275	enterprise.
1276	(f)  Machine mechanics and computer technicians performing
1277	duties on machines with gaming-related functions or table game
1278	device technicians.
1279	(g)  Security personnel.
1280	(h)  Surveillance personnel.
1281	(i)  Promotional play supervisors, credit supervisors, pit
1282	supervisors, cashier supervisors, gaming shift supervisors,
1283	table game managers, assistant managers, and other supervisors
1284	and managers.
1285	(j)  Boxmen.
1286	(k)  Dealers or croupiers.
1287	(l)  Floormen.
1288	(m)  Personnel authorized to issue promotional credits.
1289	(n)  Personnel authorized to issue credit.
1290
1291	The term does not include bartenders, cocktail servers, or other
1292	persons engaged in preparing or serving food or beverages,
1293	clerical or secretarial personnel, parking attendants,
1294	janitorial staff, stage hands, sound and light technicians, and
1295	other nongaming personnel as determined by the commission. The
1296	term includes a person employed by a person or entity other than
1297	a resort licensee who performs the functions of a limited gaming
1298	employee.
1299	(16)  "Limited gaming facility" means the limited gaming
1300	floor and any ancillary areas.
1301	(17)  "Limited gaming floor" means the approved gaming area
1302	of a resort. Ancillary areas in or directly adjacent to the
1303	gaming area are not part of the limited gaming floor for
1304	purposes of calculating the size of the limited gaming floor.
1305	(18)  "Managerial employee" has the same meaning as in s.
1306	447.203(4).
1307	(19)  "Occupational licensee" means a person who is
1308	licensed to be a limited gaming employee.
1309	(20)  "Qualifier" means an affiliate, affiliated company,
1310	officer, director, or managerial employee of an applicant for a
1311	resort license, or a person who holds a direct or indirect
1312	equity interest in the applicant. The term may include an
1313	institutional investor. As used in this subsection, the terms
1314	"affiliate," "affiliated company," and "a person who holds a
1315	direct or indirect equity interest in the applicant" do not
1316	include a partnership, a joint venture relationship, a
1317	shareholder of a corporation, a member of a limited liability
1318	company, or a partner in a limited liability partnership that
1319	has a direct or indirect equity interest in the applicant for a
1320	resort license of 5 percent or less and is not involved in the
1321	gaming operations as defined by the rules of the commission.
1322	(21)  "Supplier licensee" or "supplier" means a person who
1323	is licensed to furnish gaming equipment, devices, or supplies or
1324	other goods or services to a resort licensee.
1325	(22)  "Wagerer" means a person who plays a game authorized
1326	under this part.
1327	Section 16.  Section 551.304, Florida Statutes, is created
1328	to read:
1329	551.304  State Gaming Commission; powers and duties.-
1330	(1)  The commission shall:
1331	(a)  Authorize limited gaming at three destination resorts.
1332	(b)  Conduct such investigations as necessary to fulfill
1333	its responsibilities.
1334	(c)  Use an invitation to negotiate process for applicants
1335	based on minimum requirements established by this part and rules
1336	of the commission.
1337	(d)  Investigate applicants for a resort license and
1338	determine the eligibility of applicants for a resort license and
1339	select from competing applicants the applicant that best serves
1340	the interests of the residents of Florida, based on the
1341	potential for economic development presented by the applicant's
1342	proposed investment in infrastructure, such as hotels and other
1343	nongaming entertainment facilities, and the applicant's ability
1344	to maximize revenue for the state.
1345	(e)  Grant a license to the applicant best suited to
1346	operate a destination resort that has limited gaming.
1347	(f)  Establish and collect fees for performing background
1348	checks on all applicants for licenses and all persons with whom
1349	the commission may contract for the providing of goods or
1350	services and for performing, or having performed, tests on
1351	equipment and devices to be used in a limited gaming facility.
1352	(g)  Issue subpoenas for the attendance of witnesses and
1353	subpoenas duces tecum for the production of books, records, and
1354	other pertinent documents as provided by law, and to administer
1355	oaths and affirmations to the witnesses, if, in the judgment of
1356	the commission, it is necessary to enforce this part or
1357	commission rules. If a person fails to comply with a subpoena,
1358	the commission may petition the circuit court of the county in
1359	which the person subpoenaed resides or has his or her principal
1360	place of business for an order requiring the subpoenaed person
1361	to appear and testify and to produce books, records, and
1362	documents as specified in the subpoena. The court may grant
1363	legal, equitable, or injunctive relief, which may include, but
1364	is not limited to, issuance of a writ of ne exeat or restraint
1365	by injunction or appointment of a receiver of any transfer,
1366	pledge, assignment, or other disposition of such person's assets
1367	or any concealment, alteration, destruction, or other
1368	disposition of subpoenaed books, records, or documents, as the
1369	court deems appropriate, until the person subpoenaed has fully
1370	complied with the subpoena and the commission has completed the
1371	audit, examination, or investigation. The commission is entitled
1372	to the summary procedure provided in s. 51.011, and the court
1373	shall advance the cause on its calendar. Costs incurred by the
1374	commission to obtain an order granting, in whole or in part,
1375	such petition for enforcement of a subpoena shall be charged
1376	against the subpoenaed person, and failure to comply with such
1377	order is a contempt of court.
1378	(h)  The commission shall require each applicant for a
1379	destination resort license to produce the information,
1380	documentation, and assurances as may be necessary to establish
1381	by clear and convincing evidence the integrity of all financial
1382	backers, investors, mortgagees, bondholders, and holders of
1383	indentures, notes or other evidences of indebtedness, either in
1384	effect or proposed. Any such banking or lending institution and
1385	institutional investors may be waived from qualification
1386	requirements. However, banking or lending institutions or
1387	institutional investors shall produce for the board upon request
1388	any document or information that bears any relation to the
1389	proposal submitted by the applicant or applicants. The integrity
1390	of the financial sources shall be judged upon the same standards
1391	as the applicant or applicants. Any such person or entity shall
1392	produce for the commission upon request any document or
1393	information that bears any relation to the application. In
1394	addition, the applicant shall produce whatever information,
1395	documentation, or assurances the commission requires to
1396	establish by clear and convincing evidence the adequacy of
1397	financial resources.
1398	(i)  Require or permit a person to file a statement in
1399	writing, under oath or otherwise as the commission or its
1400	designee requires, as to all the facts and circumstances
1401	concerning the matter to be audited, examined, or investigated.
1402	(j)  Keep accurate and complete records of its proceedings
1403	and to certify the records as may be appropriate.
1404	(k)  Take any other action as may be reasonable or
1405	appropriate to enforce this part and rules adopted by the
1406	commission.
1407	(l)  Apply for injunctive or declaratory relief in a court
1408	of competent jurisdiction to enforce this part and any rules
1409	adopted by the commission.
1410	(m)  Establish field offices, as deemed necessary by the
1411	commission.
1412	(2)  The Department of Law Enforcement and local law
1413	enforcement agencies may investigate any criminal violation of
1414	law occurring at a destination resort. Such investigations may
1415	be conducted in conjunction with the appropriate state attorney.
1416	(3)(a)  The commission, the Department of Law Enforcement,
1417	and local law enforcement agencies shall have unrestricted
1418	access to the limited gaming facility at all times and shall
1419	require of each resort licensee strict compliance with the laws
1420	of this state relating to the transaction of such business. The
1421	commission and the Department of Law Enforcement may:
1422	1.  Inspect and examine premises where authorized limited
1423	gaming devices are offered for play.
1424	2.  Inspect slot machines, other authorized gaming devices,
1425	and related equipment and supplies.
1426	(b)  In addition, the commission may:
1427	1.  Collect taxes, assessments, fees, and penalties.
1428	2.  Deny, revoke, or suspend a license of, or place
1429	conditions on, a licensee who violates any provision of this
1430	part, a rule adopted by the commission, or an order of the
1431	commission.
1432	(4)  The commission must revoke or suspend the license of
1433	any person who is no longer qualified or who is found, after
1434	receiving a license, to have been unqualified at the time of
1435	application for the license.
1436	(5)  This section does not:
1437	(a)  Prohibit the Department of Law Enforcement or any law
1438	enforcement authority whose jurisdiction includes a resort
1439	licensee or a supplier licensee from conducting investigations
1440	of criminal activities occurring at the facilities of a resort
1441	licensee or supplier licensee;
1442	(b)  Restrict access to the limited gaming facility by the
1443	Department of Law Enforcement or any local law enforcement
1444	authority whose jurisdiction includes a resort licensee's
1445	facility; or
1446	(c)  Restrict access by the Department of Law Enforcement
1447	or a local law enforcement agency to information and records
1448	necessary for the investigation of criminal activity which are
1449	contained within the facilities of a resort licensee or supplier
1450	licensee.
1451	Section 17.  Section 551.305, Florida Statutes, is created
1452	to read:
1453	551.305  Rulemaking.-
1454	(1)  The commission shall adopt all rules necessary to
1455	implement, administer, and regulate limited gaming under this
1456	part. The rules must include:
1457	(a)  The types of limited gaming activities to be conducted
1458	and the rules for those games, including any restriction upon
1459	the time, place, and structures where limited gaming is
1460	authorized.
1461	(b)  Requirements, procedures, qualifications, and grounds
1462	for the issuance, renewal, revocation, suspension, and summary
1463	suspension of a resort license, supplier license, or
1464	occupational license.
1465	(c)  Requirements for the disclosure of the complete
1466	financial interests of licensees and applicants for licenses.
1467	(d)  Technical requirements and the qualifications that are
1468	necessary to receive a license.
1469	(e)  Procedures to scientifically test and technically
1470	evaluate slot machines and other authorized gaming devices for
1471	compliance with this part and the rules adopted by the
1472	commission. The commission may contract with an independent
1473	testing laboratory to conduct any necessary testing. The
1474	independent testing laboratory must have a national reputation
1475	for being demonstrably competent and qualified to scientifically
1476	test and evaluate slot machines and other authorized gaming
1477	devices. An independent testing laboratory may not be owned or
1478	controlled by a licensee. The use of an independent testing
1479	laboratory for any purpose related to the conduct of slot
1480	machine gaming and other authorized gaming by a resort licensee
1481	shall be made from a list of laboratories approved by the
1482	commission.
1483	(f)  Procedures relating to limited gaming revenues,
1484	including verifying and accounting for such revenues, auditing,
1485	and collecting taxes and fees.
1486	(g)  Requirements for limited gaming equipment, including
1487	the types and specifications of all equipment and devices that
1488	may be used in limited gaming facilities.
1489	(h)  Procedures for regulating, managing, and auditing the
1490	operation, financial data, and program information relating to
1491	limited gaming which allow the commission and the Department of
1492	Law Enforcement to audit the operation, financial data, and
1493	program information of a resort licensee, as required by the
1494	commission or the Department of Law Enforcement, and provide the
1495	commission and the Department of Law Enforcement with the
1496	ability to monitor, at any time on a real-time basis, wagering
1497	patterns, payouts, tax collection, and compliance with any rules
1498	adopted by the commission for the regulation and control of
1499	limited gaming. Such continuous and complete access, at any time
1500	on a real-time basis, shall include the ability of either the
1501	commission or the Department of Law Enforcement to suspend play
1502	immediately on particular slot machines or other gaming devices
1503	if monitoring of the facilities-based computer system indicates
1504	possible tampering or manipulation of those slot machines or
1505	gaming devices or the ability to suspend play immediately of the
1506	entire operation if the tampering or manipulation is of the
1507	computer system itself. The commission shall notify the
1508	Department of Law Enforcement and the Department of Law
1509	Enforcement shall notify the commission, as appropriate,
1510	whenever there is a suspension of play pursuant this paragraph.
1511	The commission and the Department of Law Enforcement shall
1512	exchange information that is necessary for, and cooperate in the
1513	investigation of, the circumstances requiring suspension of play
1514	pursuant to this paragraph.
1515	(i)  Procedures for requiring each resort licensee at his
1516	or her own cost and expense to supply the commission with a bond
1517	as required.
1518	(j)  The requirements for an applicant to demonstrate that
1519	it has received conceptual approval for the destination resort
1520	proposal from the municipality and county in which the resort
1521	will be located.
1522	(k)  Procedures for requiring licensees to maintain and to
1523	provide to the commission records, data, information, or
1524	reports, including financial and income records.
1525	(l)  Procedures to calculate the payout percentages of slot
1526	machines.
1527	(m)  Minimum standards for security of the facilities,
1528	including floor plans, security cameras, and other security
1529	equipment.
1530	(n)  The scope and conditions for investigations and
1531	inspections into the conduct of limited gaming.
1532	(o)  The standards and procedures for the seizure without
1533	notice or hearing of gaming equipment, supplies, or books and
1534	records for the purpose of examination and inspection.
1535	(p)  Procedures for requiring resort licensees and supplier
1536	licensees to implement and establish drug-testing programs for
1537	all occupational employees.
1538	(q)  Procedures and guidelines for the continuous recording
1539	of all gaming activities at a limited gaming facility. The
1540	commission may require a resort licensee to timely provide all
1541	or part of the original recordings pursuant to a schedule.
1542	(r)  The payment of costs incurred by the commission or any
1543	other agencies for investigations or background checks or costs
1544	associated with testing limited gaming related equipment, which
1545	must be paid by an applicant for a license or a licensee.
1546	(s)  The levying of fines for violations of this part or
1547	any rule adopted by the commission, which fines may not exceed
1548	$250,000 per violation arising out of a single transaction.
1549	(t)  The amount of the application fee for an initial
1550	issuance or renewal of an occupational license or a suppliers
1551	license, not to exceed $5,000.
1552	(u)  Any other rules the commission finds necessary for
1553	safe, honest, and highly regulated gaming in the state. For
1554	purposes of this paragraph, the commission shall consider rules
1555	from any other jurisdiction in which gaming is highly regulated,
1556	such as New Jersey or Nevada.
1557	(v)  Any other rule necessary to accomplish the purposes of
1558	this part.
1559	(2)  The commission may at any time adopt emergency rules
1560	pursuant to s. 120.54. The Legislature finds that such emergency
1561	rulemaking power is necessary for the preservation of the rights
1562	and welfare of the people in order to provide additional funds
1563	to benefit the public. The Legislature further finds that the
1564	unique nature of limited gaming operations requires, from time
1565	to time, that the commission respond as quickly as is
1566	practicable. Therefore, in adopting such emergency rules, the
1567	commission need not make the findings required by s.
1568	120.54(4)(a). Emergency rules adopted under this section are
1569	exempt from s. 120.54(4)(c). However, the emergency rules may
1570	not remain in effect for more than 180 days except that the
1571	commission may renew the emergency rules during the pendency of
1572	procedures to adopt permanent rules addressing the subject of
1573	the emergency rules.
1574	Section 18.  Section 551.306, Florida Statutes, is created
1575	to read:
1576	551.306  Legislative authority; administration of part.-The
1577	regulation of the conduct of limited gaming activity at a resort
1578	licensee is preempted to the state and a county, municipality,
1579	or other political subdivision of the state may not enact any
1580	ordinance relating to limited gaming. Only the department and
1581	other authorized state agencies may administer this part and
1582	regulate limited gaming, including limited gaming at resort
1583	licensees and the assessment of fees or taxes relating to the
1584	conduct of limited gaming.
1585	Section 19.  Section 551.307, Florida Statutes, is created
1586	to read:
1587	551.307  Authorization of limited gaming at destination
1588	resorts.-Notwithstanding any other provision of law, the
1589	commission may award a resort license authorizing limited gaming
1590	in a county only if a majority of the electors voting in a
1591	countywide referendum have approved the conduct of slot machine
1592	gaming as defined in s. 551.102 or a majority of the electors
1593	voting in a countywide referendum have passed a referendum
1594	allowing for limited gaming. If limited gaming is authorized
1595	through the award of a resort license, the resort licensee may
1596	possess slot machines and other authorized gaming devices and
1597	conduct limited gaming at the licensed location. Notwithstanding
1598	any other provision of law, a person who is at least 21 years of
1599	age may lawfully participate in authorized games at a facility
1600	licensed to possess authorized limited gaming devices and
1601	conduct limited gaming or to participate in limited gaming as
1602	described in this part.
1603	Section 20.  Section 551.308, Florida Statutes, is created
1604	to read:
1605	551.308  Process for awarding destination resort licenses.-
1606	(1)  The commission shall by rule use an invitation to
1607	negotiate process for determining the award of a resort license.
1608	The application, review, and issuance procedures for awarding a
1609	license shall be by a process in which applicants rely on forms
1610	provided by the commission in response to an invitation to
1611	negotiate issued by the commission. The commission shall issue
1612	the invitation to negotiate no later than 90 days after the date
1613	of the commission's first meeting.
1614	(2)  Proposals in response to the invitation to negotiate
1615	must be received by the commission no later than 90 days after
1616	the issuance of the invitation to negotiate.
1617	(3)  The commission may specify in its invitation to
1618	negotiate the county in which the facility would be located.
1619	When determining whether to authorize a destination resort
1620	located within a specific county or counties, the commission
1621	shall hold a public hearing in such county or counties to
1622	discuss the proposals and receive public comments on
1623	determination of the award of licenses.
1624	(4)  The commission shall review all complete replies
1625	received pursuant to an invitation to negotiate. The commission
1626	may select one or more replies with which to commence
1627	negotiations after determining which replies are in the best
1628	interest of the state based on the selection criteria. The
1629	commission shall award or deny a destination resort license
1630	within 90 days after the deadline for the submission of a reply.
1631	Section 21.  Section 551.309, Florida Statutes, is created
1632	to read:
1633	551.309  Criteria for the award of a destination resort
1634	license.-The commission may award no more than three destination
1635	resort licenses.
1636	(1)  The commission may award a resort license to the
1637	applicant of an invitation to negotiate which best serves the
1638	interests of the residents of this state. The reply to an
1639	invitation to negotiate for a resort license must include an
1640	application that demonstrates the applicant's ability to meet
1641	the following minimum criteria:
1642	(a)  The applicant must demonstrate a capacity to increase
1643	tourism, generate jobs, provide revenue to the local economy,
1644	and provide revenue to the General Revenue Fund.
1645	(b)  The limited gaming floor in a destination resort may
1646	constitute no more than 10 percent of the resort development's
1647	total square footage. The resort development's total square
1648	footage is the aggregate of the total square footage of the
1649	limited gaming facility, the hotel or hotels, convention space,
1650	retail facilities, nongaming entertainment facilities, service
1651	centers, and office space or administrative areas.
1652	(c)  The applicant must demonstrate a history of, or a bona
1653	fide plan for, community involvement or investment in the
1654	community where the resort having a limited gaming facility will
1655	be located.
1656	(d)  The applicant must demonstrate the financial ability
1657	to purchase and maintain an adequate surety bond.
1658	(e)  The applicant must demonstrate that it has adequate
1659	capitalization to develop, construct, maintain, and operate the
1660	proposed resort having a limited gaming facility in accordance
1661	with the requirements of this part and rules adopted by the
1662	commission and to responsibly meet its secured and unsecured
1663	debt obligations in accordance with its financial and other
1664	contractual agreements.
1665	(f)  The applicant must demonstrate the ability to
1666	implement a program to train and employ residents of this state
1667	for jobs that will be available at the destination resort,
1668	including its ability to implement a program for the training of
1669	low-income persons.
1670	(g)  The commission may, at its discretion, assess the
1671	quality of the proposed development's aesthetic appearance in
1672	the context of its potential to provide substantial economic
1673	benefits to the community and the people of this state,
1674	including, but not limited to, its potential to provide
1675	substantial employment opportunities.
1676	(h)  The applicant must demonstrate that it will expend at
1677	least $2 billion in new development and construction of the
1678	proposed destination resort following the award of a license,
1679	excluding any purchase price and costs associated with the
1680	acquisition of real property on which to develop the destination
1681	resort. Such expenditure must in aggregate be completed within 5
1682	years after the award of any such license.
1683	(i)  The applicant must demonstrate the ability to generate
1684	substantial gross receipts.
1685	(2)(a)  The commission shall evaluate applications based on
1686	the following weighted criteria:
1687	1.  Design and location: 35 percent.
1688	2.  Management expertise: 10 percent.
1689	3.  Speed to market: 35 percent.
1690	4.  Financial plan and access to capital: 10 percent.
1691	5.  Community plan: 10 percent.
1692	(b)  The commission shall give preference to those
1693	applicants that demonstrate that they meet the following
1694	criteria:
1695	1.  The roads, water, sanitation, utilities, and related
1696	services to the proposed location of the destination resort are
1697	adequate and the proposed destination resort will not unduly
1698	impact public services, existing transportation infrastructure,
1699	consumption of natural resources, and the quality of life
1700	enjoyed by residents of the surrounding neighborhoods.
1701	2.  The applicant will be able to commence construction as
1702	soon after awarding of the resort license as possible, but, in
1703	any event, no later than 12 months after the award of the resort
1704	license.
1705	3.  The destination resort may be located in an empowerment
1706	zone or enterprise zone, as those terms are defined by federal
1707	and state law.
1708	4.  The destination resort will be located in an area in
1709	which the unemployment rate in the zip codes immediately
1710	surrounding the proposed location is among the highest in the
1711	state.
1712	5.  The destination resort will include amenities and uses
1713	that will allow other state businesses to be included within the
1714	destination resort.
1715	(3)  A resort license may be issued only to persons of good
1716	moral character who are at least 21 years of age. A resort
1717	license may issued to a corporation only if its officers are of
1718	good moral character and at least 21 years of age.
1719	(4)  A resort license may not be issued to an applicant if
1720	the applicant, qualifier, or institutional investor:
1721	(a)  Has, within the last 5 years, been adjudicated by a
1722	court or tribunal for failure to pay income, sales, or gross
1723	receipts tax due and payable under any federal, state, or local
1724	law, after exhaustion of all appeals or administrative remedies.
1725	(b)  Has been convicted of a felony under the laws of this
1726	state, any other state, or the United States.
1727	(c)  Has been convicted of any violation under chapter 817
1728	or under a substantially similar law of another jurisdiction.
1729	(d)  Knowingly submitted false information in the
1730	application for the license.
1731	(e)  Is a member or employee of the commission.
1732	(f)  Was licensed to own or operate gaming or pari-mutuel
1733	facilities in this state or another jurisdiction and that
1734	license was revoked.
1735	(g)  Is an entity that has accepted any wager of money or
1736	other consideration on any online gambling activity, including
1737	poker, from any state resident since October 13, 2006. However,
1738	this prohibition does not disqualify an applicant or
1739	subcontractor who accepts online pari-mutuel wagers from a state
1740	resident through a legal online pari-mutuel wagering entity
1741	authorized in another state.
1742	(h)  Fails to meet any other criteria for licensure set
1743	forth in this part.
1744
1745	As used in this subsection, the term "conviction" includes an
1746	adjudication of guilt on a plea of guilty or nolo contendere or
1747	the forfeiture of a bond when charged with a crime.
1748	Section 22.  Section 551.310, Florida Statutes, is created
1749	to read:
1750	551.310  Application for destination resort license.-
1751	(1)  APPLICATION.-A reply submitted in response to an
1752	invitation to negotiate must include a sworn application in the
1753	format prescribed by the commission. The application must
1754	include the following information:
1755	(a)1.  The name, business address, telephone number, social
1756	security number, and, where applicable, federal tax
1757	identification number of the applicant and each qualifier; and
1758	2.  Information, documentation, and assurances concerning
1759	financial background and resources as may be required to
1760	establish the financial stability, integrity, and responsibility
1761	of the applicant. This includes business and personal income and
1762	disbursement schedules, tax returns and other reports filed with
1763	governmental agencies, and business and personal accounting and
1764	check records and ledgers. In addition, each applicant must
1765	provide written authorization for the examination of all bank
1766	accounts and records as may be deemed necessary by the
1767	commission.
1768	(b)  The identity and, if applicable, the state of
1769	incorporation or registration of any business in which the
1770	applicant or a qualifier has an equity interest of more than 5
1771	percent. If the applicant or qualifier is a corporation,
1772	partnership, or other business entity, the applicant or
1773	qualifier must identify any other corporation, partnership, or
1774	other business entity in which it has an equity interest of more
1775	than 5 percent, including, if applicable, the state of
1776	incorporation or registration.
1777	(c)  Documentation, as required by the commission, that the
1778	applicant has received conceptual approval of the destination
1779	resort proposal from the municipality and county in which the
1780	resort will be located.
1781	(d)  A statement as to whether the applicant or a qualifier
1782	has developed and operated a similar gaming facility within a
1783	highly regulated domestic jurisdiction that allows similar forms
1784	of development, including a description of the gaming facility,
1785	the gaming facility's gross revenue, and the amount of revenue
1786	the gaming facility has generated for state and local
1787	governments within that jurisdiction.
1788	(e)  A statement as to whether the applicant or a qualifier
1789	has been indicted, convicted of, pled guilty or nolo contendere
1790	to, or forfeited bail for any felony or for a misdemeanor
1791	involving gambling, theft, or fraud. The statement must include
1792	the date, the name and location of the court, the arresting
1793	agency, the prosecuting agency, the case caption, the docket
1794	number, the nature of the offense, the disposition of the case,
1795	and, if applicable, the location and length of incarceration.
1796	(f)  A statement as to whether the applicant or a qualifier
1797	has ever been granted any license or certificate in any
1798	jurisdiction which has been restricted, suspended, revoked, not
1799	renewed, or otherwise subjected to discipline. The statement
1800	must describe the facts and circumstances concerning that
1801	restriction, suspension, revocation, nonrenewal, or discipline,
1802	including the licensing authority, the date each action was
1803	taken, and an explanation of the circumstances for each
1804	disciplinary action.
1805	(g)  A statement as to whether the applicant or qualifier
1806	has, as a principal or a controlling shareholder, within the
1807	last 10 years, filed for protection under the Federal Bankruptcy
1808	Code or had an involuntary bankruptcy petition filed against it.
1809	(h)  A statement as to whether the applicant or qualifier
1810	has, within the last 5 years, been adjudicated by a court or
1811	tribunal for failure to pay any income, sales, or gross receipts
1812	tax due and payable under federal, state, or local law, or under
1813	the laws of any applicable foreign jurisdiction, after
1814	exhaustion of all appeals or administrative remedies. This
1815	statement must identify the amount and type of the tax and the
1816	time periods involved and must describe the resolution of the
1817	nonpayment.
1818	(i)  A list of the names and titles of any public officials
1819	or officers of any unit of state government or of the local
1820	government or governments in the county or municipality in which
1821	the proposed resort is to be located, and the spouses, parents,
1822	and children of those public officials or officers, who,
1823	directly or indirectly, own any financial interest in, have any
1824	beneficial interest in, are the creditors of, hold any debt
1825	instrument issued by the applicant or a qualifier, or hold or
1826	have an interest in any contractual or service relationship with
1827	the applicant or qualifier. As used in this paragraph, the terms
1828	"public official" and "officer" do not include a person who
1829	would be listed solely because the person is a member of the
1830	Florida National Guard.
1831	(j)  The name and business telephone number of, and a
1832	disclosure of fees paid to any attorney, lobbyist, employee,
1833	consultant, or other person who has represented the applicant's
1834	interests in the state for 3 years prior to the effective date
1835	of this section or who is representing an applicant before the
1836	commission during the application process.
1837	(k)  A description of the applicant's history of and
1838	proposed plan for community involvement or investment in the
1839	community where the resort having a limited gaming facility
1840	would be located.
1841	(l)  A description of the applicant's proposed resort,
1842	including a map documenting the location of the facility within
1843	the specific county or counties; a statement regarding the
1844	compliance of the applicant with state, regional, and local
1845	planning and zoning requirements; a description of the economic
1846	benefit to the community in which the facility would be located;
1847	the anticipated number of jobs generated by construction of the
1848	facility; the anticipated number of employees; a statement
1849	regarding how the applicant would comply with federal and state
1850	affirmative action guidelines; a projection of admissions or
1851	attendance at the limited gaming facility; a projection of gross
1852	receipts; and scientific market research pertaining to the
1853	proposed facility, if any.
1854	(m)  Proof that a countywide referendum has been approved
1855	by the electors of the county to authorize slot machine gaming
1856	as defined in s. 551.102 in the county prior to the application
1857	deadline or that proof of a countywide referendum has been
1858	approved prior to the application deadline by the electors of
1859	the county authorizing limited gaming as defined in this
1860	chapter.
1861	(n)  A schedule or timeframe for completing the resort.
1862	(o)  A plan for training residents of this state for jobs
1863	at the resort. The job-training plan must provide training to
1864	enable low-income persons to qualify for jobs at the resort.
1865	(p)  The identity of each person, association, trust, or
1866	corporation or partnership having a direct or indirect equity
1867	interest in the applicant of greater than 5 percent. If
1868	disclosure of a trust is required under this paragraph, the
1869	names and addresses of the beneficiaries of the trust must also
1870	be disclosed. If the identity of a corporation must be
1871	disclosed, the names and addresses of all stockholders and
1872	directors must also be disclosed. If the identity of a
1873	partnership must be disclosed, the names and addresses of all
1874	partners, both general and limited, must also be disclosed.
1875	(q)  A destination resort and limited gaming facility
1876	development plan and projected investment of $2 billion pursuant
1877	to s. 551.309.
1878	(r)  The fingerprints of all officers or directors of the
1879	applicant and qualifiers, and any persons exercising operational
1880	or managerial control of the applicant, as determined by rule of
1881	the commission, for a criminal history record check.
1882	(s)  A statement outlining the organization's diversity
1883	plan.
1884	(t)  A listing of all gaming licenses and permits the
1885	applicant or qualifier currently possesses.
1886	(u)  A listing of former or inactive officers, directors,
1887	partners, and trustees.
1888	(v)  A listing of all affiliated business entities or
1889	holding companies, including nongaming interests.
1890	(w)  Any other information the commission may deem
1891	appropriate or require during the application process as
1892	provided by rule.
1893	(2)  DISCRETION TO REQUIRE INFORMATION.-Notwithstanding any
1894	other provision of law, the commission is the sole authority for
1895	determining the information or documentation that must be
1896	included in an application for a resort license or in an
1897	application to renew a resort license. Such documentation and
1898	information may relate to: demographics, education, work
1899	history, personal background, criminal history, finances,
1900	business information, complaints, inspections, investigations,
1901	discipline, bonding, photographs, performance periods,
1902	reciprocity, local government approvals, supporting
1903	documentation, periodic reporting requirements, and fingerprint
1904	requirements.
1905	(3)  DUTY TO SUPPLEMENT APPLICATION.-The application shall
1906	be supplemented as needed to reflect any material change in any
1907	circumstance or condition stated in the application which takes
1908	place between the initial filing of the application and the
1909	final grant or denial of the license. Any submission required to
1910	be in writing may otherwise be required by the commission to be
1911	made by electronic means.
1912	(4)  APPLICATION FEES.-
1913	(a)  The application for a resort license must be submitted
1914	along with a nonrefundable application fee of $1 million to be
1915	used by the commission to defray costs associated with the
1916	review and investigation of the application and to conduct a
1917	background investigation of the applicant and each qualifier. If
1918	the cost of the review and investigation exceeds $1 million, the
1919	applicant must pay the additional amount to the commission
1920	within 30 days after the receipt of a request for an additional
1921	payment.
1922	(b)  The application for a destination resort license must
1923	be submitted with a one-time licensing fee of $50 million. If
1924	the commission denies the application, the commission must
1925	refund the licensing fee within 30 days after the denial of the
1926	application. If the applicant withdraws the application after
1927	the application deadline established by the commission, the
1928	commission must refund 80 percent of the licensing fee within 30
1929	days after the application is withdrawn.
1930	Section 23.  Section 551.311, Florida Statutes, is created
1931	to read:
1932	551.311  Incomplete applications.-
1933	(1)  An incomplete application for a resort license is
1934	grounds for the denial of the application.
1935	(2)(a)  If the commission determines that an application
1936	for a resort license is incomplete, the executive director shall
1937	immediately provide written notice to the applicant of the
1938	incomplete items. The applicant may then request an informal
1939	conference with the executive director or his or her designee to
1940	discuss the application.
1941	(b)  The executive director may provide the applicant an
1942	extension of 30 days to complete the application following the
1943	date of the informal conference. If the executive director finds
1944	that the application has not been completed within the
1945	extension, the applicant may appeal the finding to the
1946	commission. During an extension or the pendency of an appeal to
1947	the commission, the award of resort licenses in the applicable
1948	county is stayed.
1949	Section 24.  Section 551.312, Florida Statutes, is created
1950	to read:
1951	551.312  Institutional investors as qualifiers.-
1952	(1)(a)  An application for a resort license that has an
1953	institutional investor as a qualifier need not contain
1954	information relating to the institutional investor, other than
1955	the identity of the investor, if the institutional investor
1956	holds less than 15 percent of the equity or debt securities and
1957	files a certified statement that the institutional investor does
1958	not intend to influence or affect the affairs of the applicant
1959	or an affiliate of the applicant and that its holdings of
1960	securities of the applicant or affiliate were purchased for
1961	investment purposes only.
1962	(b)  The commission may limit the application requirements
1963	as provided in this subsection for an institutional investor
1964	that is a qualifier and that holds 5 percent or more of the
1965	equity or debt securities of an applicant or affiliate of the
1966	applicant upon a showing of good cause and if the conditions
1967	specified in paragraph (a) are satisfied.
1968	(2)  An institutional investor that is exempt from the full
1969	application requirements under this section and that
1970	subsequently intends to influence or affect the affairs of the
1971	issuer must first notify the commission of its intent and file
1972	an application containing all of the information that would have
1973	been required of the institutional investor in the application
1974	for a resort license. The commission may deny the application if
1975	it determines that granting the application will impair the
1976	financial stability of the licensee or impair the ability of the
1977	licensee to comply with its development plans or other plans
1978	submitted to the commission by the applicant or licensee.
1979	(3)  An applicant for a license or a resort licensee or
1980	affiliate shall immediately notify the commission of any
1981	information concerning an institutional investor holding its
1982	equity or debt securities which may disqualify an institutional
1983	investor from having a direct or indirect interest in the
1984	applicant or licensee, and the commission may require the
1985	institutional investor to file all information that would have
1986	been required of the institutional investor in the application
1987	for a license.
1988	(4)  If the commission finds that an institutional investor
1989	that is a qualifier fails to comply with the requirements of
1990	subsection (1) or, if at any time the commission finds that by
1991	reason of the extent or nature of its holdings an institutional
1992	investor is in a position to exercise a substantial impact upon
1993	the controlling interests of a licensee, the commission may
1994	require the institutional investor to file an application
1995	containing all of information that would have been required of
1996	the institutional investor in the application for a license.
1997	(5)  Notwithstanding paragraph (1)(b), an institutional
1998	investor may vote on all matters that are put to the vote of the
1999	outstanding security holders of the applicant or licensee.
2000	Section 25.  Section 551.313, Florida Statutes, is created
2001	to read:
2002	551.313  Lenders and underwriters; exemption as
2003	qualifiers.-A bank, lending institution, or underwriter in
2004	connection with any bank or lending institution that, in the
2005	ordinary course of business, makes a loan to, or holds a
2006	security interest in, a licensee or applicant, a supplier
2007	licensee or applicant or its subsidiary, or direct or indirect
2008	parent company of any such bank, lending institution, or
2009	underwriter is not a qualifier and is not required to be
2010	licensed.
2011	Section 26.  Section 551.314, Florida Statutes, is created
2012	to read:
2013	551.314  Conditions for a resort license.-As a condition to
2014	licensure and to maintain continuing authority, a resort
2015	licensee must:
2016	(1)  Comply with this part and the rules of the department.
2017	(2)  Allow the department and the Department of Law
2018	Enforcement unrestricted access to and right of inspection of
2019	facilities of the licensee in which any activity relative to the
2020	conduct of gaming is conducted.
2021	(3)  Complete the resort in accordance with the plans and
2022	timeframe proposed to the commission in its application, unless
2023	an extension is granted by the commission. The commission may
2024	grant such an extension, not to exceed 1 year after the original
2025	planned completion date, upon good cause shown by the licensee.
2026	(4)  Ensure that the facilities-based computer system that
2027	the licensee will use for operational and accounting functions
2028	of the facility is specifically structured to facilitate
2029	regulatory oversight. The facilities-based computer system shall
2030	be designed to provide the department and the Department of Law
2031	Enforcement with the ability to monitor, at any time on a real-
2032	time basis, the wagering patterns, payouts, tax collection, and
2033	such other operations as necessary to determine whether the
2034	facility is in compliance with statutory provisions and rules
2035	adopted by the department for the regulation and control of
2036	gaming. The department and the Department of Law Enforcement
2037	shall have complete and continuous access to this system. Such
2038	access shall include the ability of either the department or the
2039	Department of Law Enforcement to suspend play immediately on
2040	particular slot machines or gaming devices if monitoring of the
2041	system indicates possible tampering or manipulation of those
2042	slot machines or gaming devices or the ability to suspend play
2043	immediately of the entire operation if the tampering or
2044	manipulation is of the computer system itself. The computer
2045	system shall be reviewed and approved by the department to
2046	ensure necessary access, security, and functionality. However,
2047	neither the commission nor the Department of Law Enforcement
2048	shall have the ability to alter any data. The department may
2049	adopt rules to provide for the approval process.
2050	(5)  Ensure that each game, slot machine, or other gaming
2051	device is protected from manipulation or tampering that may
2052	affect the random probabilities of winning plays. The department
2053	or the Department of Law Enforcement may suspend play upon
2054	reasonable suspicion of any manipulation or tampering. If play
2055	has been suspended on any game, slot machine, or other gaming
2056	device, the department or the Department of Law Enforcement may
2057	conduct an examination to determine whether the game, machine,
2058	or other gaming device has been tampered with or manipulated and
2059	whether the game, machine, or other gaming device should be
2060	returned to operation.
2061	(6)  Submit a security plan, including the facilities'
2062	floor plans, the locations of security cameras, and a listing of
2063	all security equipment that is capable of observing and
2064	electronically recording activities being conducted in the
2065	facilities of the licensee. The security plan must meet the
2066	minimum security requirements as determined by the department
2067	and be implemented before the operation of gaming. The
2068	licensee's facilities must adhere to the security plan at all
2069	times. Any changes to the security plan must be submitted by the
2070	licensee to the department prior to implementation. The
2071	department shall furnish copies of the security plan and changes
2072	in the plan to the Department of Law Enforcement.
2073	(7)  Create and file with the commission a written policy
2074	for:
2075	(a)  Creating opportunities to purchase from vendors in
2076	this state.
2077	(b)  Creating opportunities for the employment of residents
2078	of this state.
2079	(c)  Ensuring opportunities for obtaining construction
2080	services from residents and vendors in this state.
2081	(d)  Ensuring that opportunities for employment are offered
2082	on an equal, nondiscriminatory basis.
2083	(e)  Training employees on responsible gaming and working
2084	with a compulsive or addictive gambling prevention program.
2085	(f)  Implementing a drug-testing program for each
2086	occupational licensee that includes, but is not limited to,
2087	requiring such person to sign an agreement that he or she
2088	understands that the resort is a drug-free workplace.
2089	(g)  Using the Internet-based job-listing system of the
2090	Department of Economic Opportunity in advertising employment
2091	opportunities.
2092	(h)  Ensuring that the payout percentage of each slot
2093	machine is at least 85 percent.
2094	(8)  File with the department detailed documentation of the
2095	applicant's, its affiliates', or any holding company's history
2096	of using labor in any jurisdiction that would fall outside of
2097	ages defined in chapter 450.
2098	(9)  Keep and maintain permanent daily records of its
2099	limited gaming operations and maintain such records for a period
2100	of not less than 5 years. These records must include all
2101	financial transactions and contain sufficient detail to
2102	determine compliance with the requirements of this part. All
2103	records shall be available for audit and inspection by the
2104	department, the Department of Law Enforcement, or other law
2105	enforcement agencies during the resort licensee's regular
2106	business hours.
2107	Section 27.  Section 551.315, Florida Statutes, is created
2108	to read:
2109	551.315  Surety bond.-A destination resort licensee must,
2110	at its own cost and expense, before the license is delivered,
2111	give a bond in the penal sum to be determined by the department
2112	payable to the Governor of the state and his or her successors
2113	in office. The bond must be issued by a surety or sureties
2114	approved by the department and the Chief Financial Officer and
2115	the bond must be conditioned on the licensee faithfully making
2116	the required payments to the Chief Financial Officer in his or
2117	her capacity as treasurer of the commission, keeping the
2118	licensee's books and records and make reports as provided, and
2119	conducting its limited gaming activities in conformity with this
2120	part. The department shall fix the amount of the bond at the
2121	total amount of annual license fees and the taxes estimated to
2122	become due as determined by the department. In lieu of a bond,
2123	an applicant or licensee may deposit with the department a like
2124	amount of funds, a savings certificate, a certificate of
2125	deposit, an investment certificate, or a letter of credit from a
2126	bank, savings bank, credit union, or savings and loan
2127	association situated in this state which meets the requirements
2128	set for that purpose by the Chief Financial Officer. If security
2129	is provided in the form of a savings certificate, a certificate
2130	of deposit, or an investment certificate, the certificate must
2131	state that the amount is unavailable for withdrawal except upon
2132	order of the department. The department may review the bond or
2133	other security for adequacy and require adjustments, including
2134	increasing the amount of the bond and other security. The
2135	department may adopt rules to administer this section and
2136	establish guidelines for such bonds or other securities.
2137	Section 28.  Section 551.316, Florida Statutes, is created
2138	to read:
2139	551.316  Conduct of limited gaming.-
2140	(1)  Limited gaming may be conducted by a resort licensee,
2141	subject to the following:
2142	(a)  The site of the limited gaming facility is limited to
2143	the resort licensee's site location as approved by the
2144	commission.
2145	(b)  The department's agents and employees may enter and
2146	inspect a limited gaming facility or other facilities relating
2147	to a resort licensee's gaming operations at any time for the
2148	purpose of determining whether the licensee is in compliance
2149	with this part.
2150	(c)  A resort licensee may lease or purchase gaming
2151	devices, equipment, or supplies customarily used in conducting
2152	gaming only from a licensed supplier.
2153	(d)  A resort licensee may not permit any form of wagering
2154	on games except as permitted by this part.
2155	(e)  A resort licensee may receive wagers only from a
2156	person present in the limited gaming facility.
2157	(f)  A resort licensee may not permit wagering using money
2158	or other negotiable currency except for wagering on slot
2159	machines.
2160	(g)  A resort licensee may not permit a person who has not
2161	attained 21 years of age to engage in gaming activity or remain
2162	in an area of a limited gaming facility where gaming is being
2163	conducted, except for a limited gaming employee of the resort
2164	licensee who is at least 18 years of age.
2165	(h)  A resort licensee may not sell or distribute tokens,
2166	chips, or electronic cards used to make wagers outside the
2167	limited gaming facility. The tokens, chips, or electronic cards
2168	may be purchased by means of an agreement under which the
2169	licensee extends credit to a wagerer. The tokens, chips, or
2170	electronic cards may be used only for the purpose of making
2171	wagers on games within a limited gaming facility.
2172	(i)  A resort licensee may not conduct business with a
2173	junket enterprise, except for a junket operator employed full
2174	time by that licensee.
2175	(j)  All gaming activities must be conducted in accordance
2176	with department rules.
2177	(k)  Limited gaming may not be conducted by a resort
2178	licensee until the resort is completed according to the proposal
2179	approved by the commission.
2180	(2)  A limited gaming facility may operate 24 hours per
2181	day, every day of the year.
2182	(3)  A resort licensee may set the minimum and maximum
2183	wagers on all games.
2184	(4)  A resort licensee shall give preference in employment,
2185	reemployment, promotion, and retention to veterans and to the
2186	persons included under s. 295.07(1) who possess the minimum
2187	qualifications necessary to perform the duties of the positions
2188	involved.
2189	(5)  A resort licensee, its affiliates, directors, and
2190	employees shall be subject to all applicable federal, state, and
2191	local laws. Such licensees, affiliates, directors, and employees
2192	shall subject themselves to jurisdiction of the Federal
2193	Government and the government of this state and acceptance of a
2194	license shall be considered an affirmative waiver of extradition
2195	to the United States from a foreign country.
2196	(6)  The department shall renew a resort license if:
2197	(a)  The licensee has demonstrated an effort to increase
2198	tourism, generate jobs, provide revenue to the local economy,
2199	and provide revenue to the state General Revenue Fund.
2200	(b)  The department has not suspended or revoked the
2201	license of the licensee.
2202	(c)  The licensee continues to satisfy all the requirements
2203	of the initial application for licensure.
2204	Section 29.  Section 551.318, Florida Statutes, is created
2205	to read:
2206	551.318  License fee; tax rate; disposition.-
2207	(1)  LICENSE FEE.-On the anniversary date of the issuance
2208	of the initial resort license and annually thereafter, the
2209	licensee must pay to the department a nonrefundable annual
2210	license fee of $2 million. The license shall be renewed
2211	annually, unless the department has revoked the license for a
2212	violation of this part or rule of the department. The license
2213	fee shall be deposited into the Destination Resort Trust Fund to
2214	be used by the department and the Department of Law Enforcement
2215	for investigations, regulation of limited gaming, and
2216	enforcement of this part.
2217	(2)  GROSS RECEIPTS TAX.-
2218	(a)  Each resort licensee shall pay a gross receipts tax on
2219	its gross receipts to the state. Upon completion of the resort
2220	and before limited gaming may be conducted, the resort licensee
2221	must submit proof, as required by the commission, of the total
2222	investment made in the construction of the resort. Upon
2223	submission of this information, the gross receipts tax rate
2224	shall be 10 percent of the gross receipts.
2225	(b)  The gross receipts tax is in lieu of any other state
2226	taxes on gross or adjusted gross receipts of a resort licensee.
2227	(3)  TAX PROCEEDS.-
2228	(a)  The gross receipts tax shall be deposited into the
2229	Destination Resort Trust Fund and shall be used to fund the
2230	operating costs of the department pursuant to appropriations by
2231	the Legislature.
2232	(b)  On June 30 of each year, all unappropriated funds in
2233	excess of $5 million shall be deposited into the General Revenue
2234	Fund.
2235	Section 30.  Section 551.319, Florida Statutes, is created
2236	to read:
2237	551.319  Fingerprint requirements.-Any fingerprints
2238	required to be taken under this part must be taken in a manner
2239	approved by, and shall be submitted electronically by the
2240	department to, the Department of Law Enforcement. The Department
2241	of Law Enforcement shall submit the results of the state and
2242	national records check to the department. The department shall
2243	consider the results of the state and national records check in
2244	evaluating an application for any license.
2245	(1)  The cost of processing fingerprints and conducting a
2246	criminal history record check shall be borne by the applicant.
2247	The Department of Law Enforcement may submit a monthly invoice
2248	to the department for the cost of processing the fingerprints
2249	submitted.
2250	(2)  All fingerprints submitted to the Department of Law
2251	Enforcement pursuant to this part shall be retained by the
2252	Department of Law Enforcement and entered into the statewide
2253	automated fingerprint identification system as authorized by s.
2254	943.05(2)(b) and shall be available for all purposes and uses
2255	authorized for arrest fingerprint cards entered into the
2256	statewide automated fingerprint identification system pursuant
2257	to s. 943.051.
2258	(3)  The Department of Law Enforcement shall search all
2259	arrest fingerprints received pursuant to s. 943.051, against the
2260	fingerprints retained in the statewide automated fingerprint
2261	identification system. Any arrest record that is identified with
2262	the retained fingerprints of a person subject to the criminal
2263	history screening under this part shall be reported to the
2264	department. Each licensee shall pay a fee to the department for
2265	the cost of retention of the fingerprints and the ongoing
2266	searches under this subsection. The department shall forward the
2267	payment to the Department of Law Enforcement. The amount of the
2268	fee to be imposed for performing these searches and the
2269	procedures for the retention of licensee fingerprints shall be
2270	as established by rule of the Department of Law Enforcement. The
2271	department shall inform the Department of Law Enforcement of any
2272	change in the license status of licensees whose fingerprints are
2273	retained under subsection (2).
2274	(4)  The department shall request the Department of Law
2275	Enforcement to forward the fingerprints to the Federal Bureau of
2276	Investigation for a national criminal history records check
2277	every 3 years following issuance of a license. If the
2278	fingerprints of a person who is licensed have not been retained
2279	by the Department of Law Enforcement, the person must file
2280	another set of fingerprints. The department shall collect the
2281	fees for the cost of the national criminal history record check
2282	under this subsection and shall forward the payment to the
2283	Department of Law Enforcement. The cost of processing
2284	fingerprints and conducting a criminal history record check
2285	under this subsection shall be borne by the licensee or
2286	applicant. The Department of Law Enforcement may submit an
2287	invoice to the department for the fingerprints submitted each
2288	month. Under penalty of perjury, each person who is licensed or
2289	who is fingerprinted as required by this section must agree to
2290	inform the department within 48 hours if he or she is convicted
2291	of or has entered a plea of guilty or nolo contendere to any
2292	disqualifying offense, regardless of adjudication.
2293	Section 31.  Section 551.321, Florida Statutes, is created
2294	to read:
2295	551.321  Supplier licenses.-
2296	(1)  A person must have a supplier license in order to
2297	furnish on a regular or continuing basis to a resort licensee or
2298	an applicant for a resort license gaming equipment, devices, or
2299	supplies or other goods or services regarding the operation of
2300	limited gaming at the facility.
2301	(2)  An applicant for a supplier license must apply to the
2302	department on forms adopted by the department by rule. The
2303	licensing fee for the initial and annual renewal of the license
2304	shall be a scale of fees determined by rule of the commission
2305	based on the type of service provided by the supplier but may
2306	not exceed $25,000.
2307	(3)  An applicant for a supplier license must include in
2308	the application the fingerprints of the persons identified by
2309	department rule for the processing of state and national
2310	criminal history record checks.
2311	(4)(a)  An applicant for a supplier license is not eligible
2312	for licensure if:
2313	1.  A person for whom fingerprinting is required under
2314	subsection (3) has been convicted of a felony under the laws of
2315	this state, any other state, or the United States;
2316	2.  The applicant knowingly submitted false information in
2317	the application for a supplier license;
2318	3.  The applicant is a member of the commission or an
2319	employee of the department;
2320	4.  The applicant is not a natural person and an officer,
2321	director, or managerial employee of that person is a person
2322	described in subparagraphs 1.-3.;
2323	5.  The applicant is not a natural person and an employee
2324	of the applicant participates in the management or operation of
2325	limited gaming authorized under this part; or
2326	6.  The applicant has had a license to own or operate a
2327	resort facility or pari-mutuel facility in this state, or a
2328	similar license in any other jurisdiction, revoked.
2329	(b)  The department may revoke a supplier license at any
2330	time it determines that the licensee no longer satisfies the
2331	eligibility requirements in this subsection.
2332	(5)  The department may deny an application for a supplier
2333	license for any person who:
2334	(a)  Is not qualified to perform the duties required of a
2335	licensee;
2336	(b)  Fails to disclose information or knowingly submits
2337	false information in the application;
2338	(c)  Has violated this part or rules of the department; or
2339	(d)  Has had a gaming-related license or application
2340	suspended, restricted, revoked, or denied for misconduct in any
2341	other jurisdiction.
2342	(6)  A supplier licensee shall:
2343	(a)  Furnish to the department a list of all gaming
2344	equipment, devices, and supplies it offers for sale or lease in
2345	connection with limited gaming authorized in this part;
2346	(b)  Keep books and records documenting the furnishing of
2347	gaming equipment, devices, and supplies to resort licensees
2348	separate and distinct from any other business that the supplier
2349	operates;
2350	(c)  File quarterly returns with the department listing all
2351	sales or leases of gaming equipment, devices, or supplies to
2352	resort licensees;
2353	(d)  Permanently affix its name to all gaming equipment,
2354	devices, or supplies sold or leased to licensees; and
2355	(e)  File an annual report listing its inventories of
2356	gaming equipment, devices, and supplies, including the locations
2357	of such equipment.
2358	(7)  All gaming devices, equipment, or supplies furnished
2359	by a licensed supplier must conform to standards adopted by
2360	department rule.
2361	(8)(a)  The department may suspend, revoke, or restrict the
2362	supplier license of a licensee who:
2363	1.  Violates this part or the rules of the department; or
2364	2.  Defaults on the payment of any obligation or debt due
2365	to this state or a county.
2366	(b)  The department must revoke the supplier license of a
2367	licensee for any cause that, if known to the department, would
2368	have disqualified the applicant from receiving a license.
2369	(9)  A supplier licensee may repair gaming equipment,
2370	devices, or supplies in a facility owned or leased by the
2371	licensee.
2372	(10)  Gaming devices, equipment, or supplies owned by a
2373	supplier licensee which are used in an unauthorized gaming
2374	operation shall be forfeited to the county where the equipment
2375	is found.
2376	(11)  The department may revoke the license or deny the
2377	application for a supplier license of a person who fails to
2378	comply with this section.
2379	(12)  A person who knowingly makes a false statement on an
2380	application for a supplier license commits a misdemeanor of the
2381	first degree, punishable as provided in s. 775.082 or s.
2382	775.083.
2383	Section 32.  Section 551.322, Florida Statutes, is created
2384	to read:
2385	551.322  Occupational licenses.-
2386	(1)  The Legislature finds that, due to the nature of their
2387	employment, some gaming employees require heightened state
2388	scrutiny, including licensing and criminal history record
2389	checks.
2390	(2)  Any person who desires to be a gaming employee and has
2391	a bona fide offer of employment from a licensed gaming entity
2392	shall apply to the department for an occupational license. A
2393	person may not be employed as a gaming employee unless that
2394	person holds an appropriate occupational license issued under
2395	this section. The department may adopt rules to reclassify a
2396	category of nongaming employees or gaming employees upon a
2397	finding that the reclassification is in the public interest and
2398	consistent with the objectives of this part.
2399	(3)  An applicant for an occupational license must apply to
2400	the department on forms adopted by the department by rule. An
2401	occupational license is valid for 4 years following issuance.
2402	The application must be accompanied by the licensing fee set by
2403	the department. The licensing fee may not exceed $250 for an
2404	employee of a resort licensee.
2405	(a)  The applicant shall set forth in the application
2406	whether the applicant:
2407	1.  Has been issued a gaming-related license in any
2408	jurisdiction.
2409	2.  Has been issued a gaming-related license in any other
2410	jurisdiction under any other name and, if so, the name and the
2411	applicant's age at the time of licensure.
2412	3.  Has had a permit or license issued by another
2413	jurisdiction suspended, restricted, or revoked and, if so, for
2414	what period of time.
2415	(b)  An applicant for an occupational license must include
2416	his or her fingerprints in the application.
2417	(4)  To be eligible for an occupational license, an
2418	applicant must:
2419	(a)  Be at least 21 years of age to perform any function
2420	directly relating to limited gaming by patrons;
2421	(b)  Be at least 18 years of age to perform nongaming
2422	functions;
2423	(c)  Not have been convicted of a felony or a crime
2424	involving dishonesty or moral turpitude in any jurisdiction; and
2425	(d)  Meet the standards for the occupational license as
2426	provided in department rules.
2427	(5)  The department must deny an application for an
2428	occupational license for any person who:
2429	(a)  Is not qualified to perform the duties required of a
2430	licensee;
2431	(b)  Fails to disclose or knowingly submits false
2432	information in the application;
2433	(c)  Has violated this part; or
2434	(d)  Has had a gaming-related license or application
2435	suspended, revoked, or denied in any other jurisdiction.
2436	(6)(a)  The department may suspend, revoke, or restrict the
2437	occupational license of a licensee:
2438	1.  Who violates this part or the rules of the department;
2439	2.  Who defaults on the payment of any obligation or debt
2440	due to this state or a county; or
2441	3.  For any just cause.
2442	(b)  The department shall revoke the occupational license
2443	of a licensee for any cause that, if known to the department,
2444	would have disqualified the applicant from receiving a license.
2445	(7)  Any training provided for an occupational licensee may
2446	be conducted in the facility of a resort licensee or at a school
2447	with which the resort licensee has entered into an agreement for
2448	that purpose.
2449	(8)  A licensed travel agent whose commission or
2450	compensation from a licensee is derived solely from the price of
2451	the transportation or lodging arranged for by the travel agent
2452	is not required to have an occupational license.
2453	(9)  A person who knowingly makes a false statement on an
2454	application for an occupational license commits a misdemeanor of
2455	the first degree, punishable as provided in s. 775.082 or s.
2456	775.083.
2457	Section 33.  Section 551.323, Florida Statutes, is created
2458	to read:
2459	551.323  Temporary supplier license; temporary occupational
2460	license.-
2461	(1)  Upon the written request of an applicant for a
2462	supplier license or an occupational license, the executive
2463	director shall issue a temporary license to the applicant and
2464	permit the applicant to undertake employment with or provide
2465	gaming equipment, devices, or supplies or other goods or
2466	services to a resort licensee or an applicant for a resort
2467	license if:
2468	(a)  The applicant has submitted a completed application,
2469	an application fee, all required disclosure forms, and other
2470	required written documentation and materials;
2471	(b)  A preliminary review of the application and the
2472	criminal history record check does not reveal that the applicant
2473	or a person subject to a criminal history record check has been
2474	convicted of a crime that would require denial of the
2475	application;
2476	(c)  A deficiency does not appear to exist in the
2477	application which may require denial of the application; and
2478	(d)  The applicant has an offer of employment from, or an
2479	agreement to begin providing gaming devices, equipment, or
2480	supplies or other goods and services to, a resort licensee or an
2481	applicant for a resort license, or the applicant for a temporary
2482	license shows good cause for being granted a temporary license.
2483	(2)  An initial temporary occupational license or
2484	supplier's license may not be valid for more than 90 days;
2485	however, a temporary occupational license may be renewed one
2486	time for an additional 90 days.
2487	(3)  An applicant who receives a temporary license may
2488	undertake employment with or supply a resort licensee with
2489	gaming devices, equipment, or supplies or other goods or
2490	services until a license is issued or denied or until the
2491	temporary license expires or is suspended or revoked.
2492	Section 34.  Section 551.325, Florida Statutes, is created
2493	to read:
2494	551.325  Quarterly report.-The commission shall file
2495	quarterly reports with the Governor, the President of the
2496	Senate, and the Speaker of the House of Representatives covering
2497	the previous fiscal quarter. Each report must include:
2498	(1)  A statement of receipts and disbursements related to
2499	limited gaming.
2500	(2)  A summary of disciplinary actions taken by the
2501	department.
2502	(3)  Any additional information and recommendations that
2503	the department believes may improve the regulation of limited
2504	gaming or increase the economic benefits of limited gaming to
2505	this state.
2506	Section 35.  Section 551.327, Florida Statutes, is created
2507	to read:
2508	551.327  Resolution of disputes between licensees and
2509	wagerers.-
2510	(1)(a)  The licensee must immediately notify the department
2511	of a dispute whenever a resort licensee has a dispute with a
2512	wagerer which is not resolved to the satisfaction of the patron
2513	if the amount disputed is $500 or more and involves:
2514	1.  Alleged winnings, alleged losses, or the award or
2515	distribution of cash, prizes, benefits, tickets, or any other
2516	item or items in a game, tournament, contest, drawing,
2517	promotion, race, or similar activity or event; or
2518	2.  The manner in which a game, tournament, contest,
2519	drawing, promotion, race, or similar activity or event was
2520	conducted.
2521	(b)  If the dispute involves an amount less than $500, the
2522	licensee must immediately notify the wagerer of his or her right
2523	to file a complaint with the department.
2524	(2)  Upon notice of a dispute or receipt of a complaint,
2525	the department shall conduct any investigation it deems
2526	necessary and may order the licensee to make a payment to the
2527	wagerer upon a finding that the licensee is liable for the
2528	disputed amount. The decision of the department is effective on
2529	the date the aggrieved party receives notice of the decision.
2530	Notice of the decision is deemed sufficient if it is mailed to
2531	the last known address of the licensee and the wagerer. The
2532	notice is deemed to have been received by the resort licensee or
2533	the wagerer 5 days after it is deposited with the United States
2534	Postal Service with postage prepaid.
2535	(3)  The failure of a resort licensee to notify the
2536	department of the dispute or the wagerer of the right to file a
2537	complaint is grounds for disciplinary action.
2538	(4)  Gaming-related disputes may only be resolved by the
2539	department and are not under the jurisdiction of state courts.
2540	(5)  This section may not be construed to deny a wagerer an
2541	opportunity to make a claim in state court for nongaming-related
2542	issues.
2543	Section 36.  Section 551.328, Florida Statutes, is created
2544	to read:
2545	551.328  Enforcement of credit instruments.-
2546	(1)  A credit instrument and the debt that instrument
2547	represents are valid and may be enforced by legal process.
2548	(2)  A resort licensee may accept an incomplete credit
2549	instrument that is signed by the patron and states the amount of
2550	the debt in numbers and may complete the instrument as is
2551	necessary for the instrument to be presented for payment.
2552	(3)  A resort licensee may accept a credit instrument that
2553	is payable to an affiliate or may complete a credit instrument
2554	payable to an affiliate if the credit instrument otherwise
2555	complies with this section and the records of the affiliate
2556	pertaining to the credit instrument are made available to the
2557	department upon request.
2558	(4)  A resort licensee may accept a credit instrument
2559	before, during, or after the patron incurs the debt. The credit
2560	instrument and the debt that the instrument represents are
2561	enforceable without regard to whether the credit instrument was
2562	accepted before, during, or after the incurring of the debt.
2563	(5)  This section does not prohibit the establishment of an
2564	account by a deposit of cash, recognized traveler's check, or
2565	any other instrument that is equivalent to cash.
2566	(6)  If a credit instrument is lost or destroyed, the debt
2567	represented by the credit instrument may be enforced if the
2568	resort licensee or person acting on behalf of the licensee can
2569	prove the existence of the credit instrument.
2570	(7)  The existence of a mental disorder in a patron who
2571	provides a credit instrument to a resort licensee:
2572	(a)  Is not a defense in any action by a resort licensee to
2573	enforce a credit instrument or the debt that the credit
2574	instrument represents.
2575	(b)  Is not a valid counterclaim in an action to enforce
2576	the credit instrument or the debt that the credit instrument
2577	represents.
2578	(8)  The failure of a resort licensee to comply with this
2579	section or department rules does not invalidate a credit
2580	instrument or affect its ability to enforce the credit
2581	instrument or the debt that the credit instrument represents.
2582	(9)  The department may adopt rules prescribing the
2583	conditions under which a credit instrument may be redeemed or
2584	presented to a bank, credit union, or other financial
2585	institution for collection or payment.
2586	(10)  A violation of these regulatory requirements only
2587	states a basis for disciplinary action for the commission.
2588	Section 37.  Section 551.330, Florida Statutes, is created
2589	to read:
2590	551.330  Compulsive or addictive gambling prevention
2591	program.-
2592	(1)  A resort licensee shall offer training to employees on
2593	responsible gaming and shall work with a compulsive or addictive
2594	gambling prevention program to recognize problem gaming
2595	situations and to implement responsible gaming programs and
2596	practices.
2597	(2)  The department shall, subject to competitive bidding,
2598	contract for services relating to the prevention of compulsive
2599	and addictive gambling. The contract shall provide for an
2600	advertising program to encourage responsible gaming practices
2601	and to publicize a gambling telephone help line. Such
2602	advertisements must be made both publicly and inside the
2603	resort's limited gaming facility. The terms of any contract for
2604	such services shall include accountability standards that must
2605	be met by any private provider. The failure of a private
2606	provider to meet any material terms of the contract, including
2607	the accountability standards, constitutes a breach of contract
2608	or is grounds for nonrenewal. The department may consult with
2609	the Department of the Lottery or the Department of Business and
2610	Professional Regulation in the development of the program and
2611	the development and analysis of any procurement for contractual
2612	services for the compulsive or addictive gambling prevention
2613	program.
2614	(3)  The compulsive or addictive gambling prevention
2615	program shall be funded from an annual nonrefundable regulatory
2616	fee of $250,000 paid by each resort licensee to the department.
2617	Section 38.  Section 551.331, Florida Statutes, is created
2618	to read:
2619	551.331  Voluntary self-exclusion from a limited gaming
2620	facility.-
2621	(1)  A person may request that he or she be excluded from
2622	limited gaming facilities in this state by personally submitting
2623	a Request for Voluntary Self-exclusion from Limited Gaming
2624	Facilities Form to the department. The form must require the
2625	person requesting exclusion to:
2626	(a)  State his or her:
2627	1.  Name, including any aliases or nicknames;
2628	2.  Date of birth;
2629	3.  Current residential address;
2630	4.  Telephone number;
2631	5.  Social security number; and
2632	6.  Physical description, including height, weight, gender,
2633	hair color, eye color, and any other physical characteristic
2634	that may assist in the identification of the person.
2635
2636	A self-excluded person must update the information in this
2637	paragraph on forms supplied by the department within 30 days
2638	after any change.
2639	(b)  Select one of the following as the duration of the
2640	self-exclusion:
2641	1.  One year.
2642	2.  Five years.
2643	3.  Lifetime.
2644	(c)  Execute a release in which the person:
2645	1.  Acknowledges that the request for exclusion has been
2646	made voluntarily.
2647	2.  Certifies that the information provided in the request
2648	for self-exclusion is true and correct.
2649	3.  Acknowledges that the individual requesting self-
2650	exclusion is a problem gambler.
2651	4.  Acknowledges that a person requesting a lifetime
2652	exclusion will not be removed from the self-exclusion list and
2653	that a person requesting a 1-year or 5-year exclusion will
2654	remain on the self-exclusion list until a request for removal is
2655	approved by the department.
2656	5.  Acknowledges that, if the individual is discovered on
2657	the gaming floor of a limited gaming facility, the individual
2658	may be removed and may be arrested and prosecuted for criminal
2659	trespass.
2660	6.  Releases, indemnifies, holds harmless, and forever
2661	discharges the state, department, and all licensee from any
2662	claims, damages, losses, expenses, or liability arising out of,
2663	by reason of or relating to the self-excluded person or to any
2664	other party for any harm, monetary or otherwise, which may arise
2665	as a result of one or more of the following:
2666	a.  The failure of a resort licensee to withhold gaming
2667	privileges from or restore gaming privileges to a self-excluded
2668	person.
2669	b.  Permitting or prohibiting a self-excluded person from
2670	engaging in gaming activity in a limited gaming facility.
2671	(2)  A person submitting a self-exclusion request must
2672	present to the department a government-issued form of
2673	identification containing the person's signature.
2674	(3)  The department shall take a photograph of a person
2675	requesting self-exclusion at the time the person submits a
2676	request for self-exclusion.
2677	Section 39.  Paragraph (a) of subsection (2) of section
2678	561.20, Florida Statutes, is amended to read:
2679	561.20  Limitation upon number of licenses issued.-
2680	(2)(a)  No such limitation of the number of licenses as
2681	herein provided shall henceforth prohibit the issuance of a
2682	special license to:
2683	1.  Any bona fide hotel, motel, or motor court of not fewer
2684	than 80 guest rooms in any county having a population of less
2685	than 50,000 residents, and of not fewer than 100 guest rooms in
2686	any county having a population of 50,000 residents or greater;
2687	or any bona fide hotel or motel located in a historic structure,
2688	as defined in s. 561.01(21), with fewer than 100 guest rooms
2689	which derives at least 51 percent of its gross revenue from the
2690	rental of hotel or motel rooms, which is licensed as a public
2691	lodging establishment by the Division of Hotels and Restaurants;
2692	provided, however, that a bona fide hotel or motel with no fewer
2693	than 10 and no more than 25 guest rooms which is a historic
2694	structure, as defined in s. 561.01(21), in a municipality that
2695	on the effective date of this act has a population, according to
2696	the University of Florida's Bureau of Economic and Business
2697	Research Estimates of Population for 1998, of no fewer than
2698	25,000 and no more than 35,000 residents and that is within a
2699	constitutionally chartered county may be issued a special
2700	license. This special license shall allow the sale and
2701	consumption of alcoholic beverages only on the licensed premises
2702	of the hotel or motel. In addition, the hotel or motel must
2703	derive at least 60 percent of its gross revenue from the rental
2704	of hotel or motel rooms and the sale of food and nonalcoholic
2705	beverages; provided that the provisions of this subparagraph
2706	shall supersede local laws requiring a greater number of hotel
2707	rooms;
2708	2.  Any condominium accommodation of which no fewer than
2709	100 condominium units are wholly rentable to transients and
2710	which is licensed under the provisions of chapter 509, except
2711	that the license shall be issued only to the person or
2712	corporation which operates the hotel or motel operation and not
2713	to the association of condominium owners;
2714	3.  Any condominium accommodation of which no fewer than 50
2715	condominium units are wholly rentable to transients, which is
2716	licensed under the provisions of chapter 509, and which is
2717	located in any county having home rule under s. 10 or s. 11,
2718	Art. VIII of the State Constitution of 1885, as amended, and
2719	incorporated by reference in s. 6(e), Art. VIII of the State
2720	Constitution, except that the license shall be issued only to
2721	the person or corporation which operates the hotel or motel
2722	operation and not to the association of condominium owners;
2723	4.  Any restaurant having 2,500 square feet of service area
2724	and equipped to serve 150 persons full course meals at tables at
2725	one time, and deriving at least 51 percent of its gross revenue
2726	from the sale of food and nonalcoholic beverages; however, no
2727	restaurant granted a special license on or after January 1,
2728	1958, pursuant to general or special law shall operate as a
2729	package store, nor shall intoxicating beverages be sold under
2730	such license after the hours of serving food have elapsed; or
2731	5.  Any caterer, deriving at least 51 percent of its gross
2732	revenue from the sale of food and nonalcoholic beverages,
2733	licensed by the Division of Hotels and Restaurants under chapter
2734	509. Notwithstanding any other provision of law to the contrary,
2735	a licensee under this subparagraph shall sell or serve alcoholic
2736	beverages only for consumption on the premises of a catered
2737	event at which the licensee is also providing prepared food, and
2738	shall prominently display its license at any catered event at
2739	which the caterer is selling or serving alcoholic beverages. A
2740	licensee under this subparagraph shall purchase all alcoholic
2741	beverages it sells or serves at a catered event from a vendor
2742	licensed under s. 563.02(1), s. 564.02(1), or licensed under s.
2743	565.02(1) subject to the limitation imposed in subsection (1),
2744	as appropriate. A licensee under this subparagraph may not store
2745	any alcoholic beverages to be sold or served at a catered event.
2746	Any alcoholic beverages purchased by a licensee under this
2747	subparagraph for a catered event that are not used at that event
2748	must remain with the customer; provided that if the vendor
2749	accepts unopened alcoholic beverages, the licensee may return
2750	such alcoholic beverages to the vendor for a credit or
2751	reimbursement. Regardless of the county or counties in which the
2752	licensee operates, a licensee under this subparagraph shall pay
2753	the annual state license tax set forth in s. 565.02(1)(b). A
2754	licensee under this subparagraph must maintain for a period of 3
2755	years all records required by the department by rule to
2756	demonstrate compliance with the requirements of this
2757	subparagraph, including licensed vendor receipts for the
2758	purchase of alcoholic beverages and records identifying each
2759	customer and the location and date of each catered event.
2760	Notwithstanding any provision of law to the contrary, any vendor
2761	licensed under s. 565.02(1) subject to the limitation imposed in
2762	subsection (1), may, without any additional licensure under this
2763	subparagraph, serve or sell alcoholic beverages for consumption
2764	on the premises of a catered event at which prepared food is
2765	provided by a caterer licensed under chapter 509. If a licensee
2766	under this subparagraph also possesses any other license under
2767	the Beverage Law, the license issued under this subparagraph
2768	shall not authorize the holder to conduct activities on the
2769	premises to which the other license or licenses apply that would
2770	otherwise be prohibited by the terms of that license or the
2771	Beverage Law. Nothing in this section shall permit the licensee
2772	to conduct activities that are otherwise prohibited by the
2773	Beverage Law or local law. The Division of Alcoholic Beverages
2774	and Tobacco is hereby authorized to adopt rules to administer
2775	the license created in this subparagraph, to include rules
2776	governing licensure, recordkeeping, and enforcement. The first
2777	$300,000 in fees collected by the division each fiscal year
2778	pursuant to this subparagraph shall be deposited in the
2779	Department of Children and Family Services' Operations and
2780	Maintenance Trust Fund to be used only for alcohol and drug
2781	abuse education, treatment, and prevention programs. The
2782	remainder of the fees collected shall be deposited into the
2783	Hotel and Restaurant Trust Fund created pursuant to s. 509.072.
2784	6.  Any destination resort licensed by the State Gaming
2785	Commission under chapter 551. Notwithstanding any other
2786	provision of law to the contrary, a licensee under this
2787	subparagraph may sell or serve alcoholic beverages only for
2788	consumption on the premises. A licensee under this subparagraph
2789	shall purchase all alcoholic beverages from a supplier licensed
2790	under s. 551.321 or s. 551.323. Regardless of the county or
2791	counties in which the licensee operates, a licensee under this
2792	subparagraph shall pay an annual state license tax of $50,000,
2793	the proceeds of which shall be deposited into the Destination
2794	Resort Trust Fund of the Department of Gaming Control. This
2795	subparagraph expressly preempts the regulation of alcoholic
2796	beverages at destination resorts licensed by the State Gaming
2797	Commission to the state and supersedes any municipal or county
2798	ordinance on the subject. Notwithstanding any other law or local
2799	law or ordinance to the contrary, a licensee under this
2800	subparagraph may serve alcoholic beverages 24 hours per day,
2801	every day of the year. This subparagraph does not permit the
2802	licensee to conduct activities that are otherwise prohibited by
2803	the Beverage Law. The State Gaming Commission shall adopt rules
2804	to implement this subparagraph, including, but not limited to,
2805	rules governing licensure, recordkeeping, and enforcement. A
2806	licensee under this subparagraph must maintain for a period of 3
2807	years all records required by the State Gaming Commission by
2808	rule to demonstrate compliance with the requirements of this
2809	subparagraph, including licensed supplier receipts for the
2810	purchase of alcoholic beverages.
2811
2812	However, any license heretofore issued to any such hotel, motel,
2813	motor court, or restaurant or hereafter issued to any such
2814	hotel, motel, or motor court, including a condominium
2815	accommodation, under the general law shall not be moved to a new
2816	location, such license being valid only on the premises of such
2817	hotel, motel, motor court, or restaurant. Licenses issued to
2818	hotels, motels, motor courts, or restaurants under the general
2819	law and held by such hotels, motels, motor courts, or
2820	restaurants on May 24, 1947, shall be counted in the quota
2821	limitation contained in subsection (1). Any license issued for
2822	any hotel, motel, or motor court under the provisions of this
2823	law shall be issued only to the owner of the hotel, motel, or
2824	motor court or, in the event the hotel, motel, or motor court is
2825	leased, to the lessee of the hotel, motel, or motor court; and
2826	the license shall remain in the name of the owner or lessee so
2827	long as the license is in existence. Any special license now in
2828	existence heretofore issued under the provisions of this law
2829	cannot be renewed except in the name of the owner of the hotel,
2830	motel, motor court, or restaurant or, in the event the hotel,
2831	motel, motor court, or restaurant is leased, in the name of the
2832	lessee of the hotel, motel, motor court, or restaurant in which
2833	the license is located and must remain in the name of the owner
2834	or lessee so long as the license is in existence. Any license
2835	issued under this section shall be marked "Special," and nothing
2836	herein provided shall limit, restrict, or prevent the issuance
2837	of a special license for any restaurant or motel which shall
2838	hereafter meet the requirements of the law existing immediately
2839	prior to the effective date of this act, if construction of such
2840	restaurant has commenced prior to the effective date of this act
2841	and is completed within 30 days thereafter, or if an application
2842	is on file for such special license at the time this act takes
2843	effect; and any such licenses issued under this proviso may be
2844	annually renewed as now provided by law. Nothing herein prevents
2845	an application for transfer of a license to a bona fide
2846	purchaser of any hotel, motel, motor court, or restaurant by the
2847	purchaser of such facility or the transfer of such license
2848	pursuant to law.
2849	Section 40.  Section 849.15, Florida Statutes, is amended
2850	to read:
2851	849.15  Manufacture, sale, possession, etc., of coin-
2852	operated devices prohibited.-
2853	(1)  It is unlawful:
2854	(a)  To manufacture, own, store, keep, possess, sell, rent,
2855	lease, let on shares, lend or give away, transport, or expose
2856	for sale or lease, or to offer to sell, rent, lease, let on
2857	shares, lend or give away, or permit the operation of, or for
2858	any person to permit to be placed, maintained, or used or kept
2859	in any room, space, or building owned, leased or occupied by the
2860	person or under the person's management or control, any slot
2861	machine or device or any part thereof; or
2862	(b)  To make or to permit to be made with any person any
2863	agreement with reference to any slot machine or device, pursuant
2864	to which the user thereof, as a result of any element of chance
2865	or other outcome unpredictable to him or her, may become
2866	entitled to receive any money, credit, allowance, or thing of
2867	value or additional chance or right to use such machine or
2868	device, or to receive any check, slug, token or memorandum
2869	entitling the holder to receive any money, credit, allowance or
2870	thing of value.
2871	(2)  Pursuant to section 2 of that chapter of the Congress
2872	of the United States entitled "An act to prohibit transportation
2873	of gaming devices in interstate and foreign commerce," approved
2874	January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
2875	designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
2876	acting by and through the duly elected and qualified members of
2877	its Legislature, does hereby in this section, and in accordance
2878	with and in compliance with the provisions of section 2 of such
2879	chapter of Congress, declare and proclaim that any county of the
2880	State of Florida within which slot machine gaming is authorized
2881	pursuant to chapter 551 is exempt from the provisions of section
2882	2 of that chapter of the Congress of the United States entitled
2883	"An act to prohibit transportation of gaming devices in
2884	interstate and foreign commerce," designated as 15 U.S.C. ss.
2885	1171-1177, approved January 2, 1951. All shipments of gaming
2886	devices, including slot machines, into any county of this state
2887	within which slot machine gaming is authorized pursuant to
2888	chapter 551 and the registering, recording, and labeling of
2889	which have been duly performed by the manufacturer or
2890	distributor thereof in accordance with sections 3 and 4 of that
2891	chapter of the Congress of the United States entitled "An act to
2892	prohibit transportation of gaming devices in interstate and
2893	foreign commerce," approved January 2, 1951, being ch. 1194, 64
2894	Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
2895	shall be deemed legal shipments thereof into this state provided
2896	the destination of such shipments is an eligible facility as
2897	defined in s. 551.102, or the facility of a slot machine
2898	manufacturer or slot machine distributor as provided in s.
2899	551.109(2)(a), or the facility of a resort licensee or supplier
2900	licensee under part III of chapter 551.
2901	(3)  This section does not apply to slot machine licensees
2902	authorized under part II of chapter 551 or resort licensees as
2903	authorized under part III of chapter 551.
2904	Section 41.  Section 849.231, Florida Statutes, is amended
2905	to read:
2906	849.231  Gambling devices; manufacture, sale, purchase or
2907	possession unlawful.-
2908	(1)  Except in instances when the following described
2909	implements or apparatus are being held or transported by
2910	authorized persons for the purpose of destruction, as
2911	hereinafter provided, and except in instances when the following
2912	described instruments or apparatus are being held, sold,
2913	transported, or manufactured by persons who have registered with
2914	the United States Government pursuant to the provisions of Title
2915	15 of the United States Code, ss. 1171 et seq., as amended, so
2916	long as the described implements or apparatus are not displayed
2917	to the general public, sold for use in Florida, or held or
2918	manufactured in contravention of the requirements of 15 U.S.C.
2919	ss. 1171 et seq., it shall be unlawful for any person to
2920	manufacture, sell, transport, offer for sale, purchase, own, or
2921	have in his or her possession any roulette wheel or table, faro
2922	layout, crap table or layout, chemin de fer table or layout,
2923	chuck-a-luck wheel, bird cage such as used for gambling, bolita
2924	balls, chips with house markings, or any other device,
2925	implement, apparatus, or paraphernalia ordinarily or commonly
2926	used or designed to be used in the operation of gambling houses
2927	or establishments, excepting ordinary dice and playing cards.
2928	(2)  In addition to any other penalties provided for the
2929	violation of this section, any occupational license held by a
2930	person found guilty of violating this section shall be suspended
2931	for a period not to exceed 5 years.
2932	(3)  This section and s. 849.05 do not apply to a vessel of
2933	foreign registry or a vessel operated under the authority of a
2934	country except the United States, while docked in this state or
2935	transiting in the territorial waters of this state.
2936	(4)  This section does not apply to slot machine licensees
2937	authorized under part II of chapter 551 or resort licensees as
2938	authorized under part III of chapter 551.
2939	Section 42.  Section 849.25, Florida Statutes, is amended
2940	to read:
2941	849.25  "Bookmaking" defined; penalties; exceptions.-
2942	(1)(a)  The term "bookmaking" means the act of taking or
2943	receiving, while engaged in the business or profession of
2944	gambling, any bet or wager upon the result of any trial or
2945	contest of skill, speed, power, or endurance of human, beast,
2946	fowl, motor vehicle, or mechanical apparatus or upon the result
2947	of any chance, casualty, unknown, or contingent event
2948	whatsoever.
2949	(b)  The following factors shall be considered in making a
2950	determination that a person has engaged in the offense of
2951	bookmaking:
2952	1.  Taking advantage of betting odds created to produce a
2953	profit for the bookmaker or charging a percentage on accepted
2954	wagers.
2955	2.  Placing all or part of accepted wagers with other
2956	bookmakers to reduce the chance of financial loss.
2957	3.  Taking or receiving more than five wagers in any single
2958	day.
2959	4.  Taking or receiving wagers totaling more than $500 in
2960	any single day, or more than $1,500 in any single week.
2961	5.  Engaging in a common scheme with two or more persons to
2962	take or receive wagers.
2963	6.  Taking or receiving wagers on both sides on a contest
2964	at the identical point spread.
2965	7.  Any other factor relevant to establishing that the
2966	operating procedures of such person are commercial in nature.
2967	(c)  The existence of any two factors listed in paragraph
2968	(b) may constitute prima facie evidence of a commercial
2969	bookmaking operation.
2970	(2)  Any person who engages in bookmaking commits shall be
2971	guilty of a felony of the third degree, punishable as provided
2972	in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the
2973	provisions of s. 948.01, any person convicted under the
2974	provisions of this subsection shall not have adjudication of
2975	guilt suspended, deferred, or withheld.
2976	(3)  Any person who has been convicted of bookmaking and
2977	thereafter violates the provisions of this section commits shall
2978	be guilty of a felony of the second degree, punishable as
2979	provided in s. 775.082, s. 775.083, or s. 775.084.
2980	Notwithstanding the provisions of s. 948.01, any person
2981	convicted under the provisions of this subsection shall not have
2982	adjudication of guilt suspended, deferred, or withheld.
2983	(4)  Notwithstanding the provisions of s. 777.04, any
2984	person who is guilty of conspiracy to commit bookmaking is shall
2985	be subject to the penalties imposed by subsections (2) and (3).
2986	(5)  This section does shall not apply to pari-mutuel
2987	wagering in Florida as authorized under chapter 550.
2988	(6)  This section does shall not apply to any prosecutions
2989	filed and pending at the time of the passage hereof, but all
2990	such cases shall be disposed of under existing laws at the time
2991	of the institution of such prosecutions.
2992	(7)  This section does not apply to slot machine licensees
2993	authorized under part II of chapter 551 or resort licensees as
2994	authorized under part III of chapter 551.
2995	Section 43.  Section 849.48, Florida Statutes, is created
2996	to read:
2997	849.48  Gambling operator, manufacturer, distributor
2998	licenses; application; qualifications; fees; renewal;
2999	duplicates.-
3000	(1)(a)  Each person, firm, association, partnership, or
3001	corporate entity that seeks to operate a gambling business or to
3002	allow gambling to occur on its premises must obtain a license
3003	from the department. Any person, firm, association, partnership,
3004	or corporate entity owning, leasing, furnishing, manufacturing,
3005	distributing, or operating gambling devices must obtain a
3006	license from the Department of Gaming Control.
3007	(b)  An application for a license must be made on a form
3008	adopted by rule of the department. The form must require the
3009	applicant to set forth the name under which the applicant
3010	transacts or intends to transact business, the address of the
3011	location of the applicant's place of business, and any other
3012	information the department requires. If the applicant has, or
3013	intends to have, more than one place of business where gambling
3014	will occur or gambling devices will be located, a separate
3015	application must be made for each place of business. If the
3016	applicant is a firm, association, partnership, or corporate
3017	entity, the application must set forth the names and addresses
3018	of the persons owning more than 5 percent of, or exercising any
3019	decisionmaking control over, the business. If the applicant is a
3020	corporate entity, the application must additionally set forth
3021	the names and addresses of the principal officers of the
3022	corporation. The application must also set forth any other
3023	information prescribed by the department for the purpose of
3024	identifying the applicant, its owners, or its decisionmaking
3025	principals. The application must be signed and verified by oath
3026	or affirmation by the owner. If the owner is a firm,
3027	association, or partnership, the application must be signed by
3028	the members or partners thereof, or, if the owner is a corporate
3029	entity, by a decisionmaking principal authorized by the entity
3030	to sign the application, together with the written evidence of
3031	the principal's authority. The application must be accompanied
3032	by the annual license fee prescribed by the department.
3033	(c)  Licenses shall be issued annually, upon payment of the
3034	annual license fee prescribed by the department. The department
3035	shall fix the fee in an amount sufficient to meet the costs of
3036	carrying out its licensing, enforcement, and administrative
3037	responsibilities under this chapter, but the fee may not exceed
3038	$5,000. The proceeds of the fee shall be deposited into the
3039	Destination Resort Trust Fund of the Department of Gaming
3040	Control.
3041	(d)  The holder of a license may renew the license each
3042	year, on or before January 15, upon payment of the annual
3043	license fee. A licensee that does not timely renew its license
3044	must pay a delinquent renewal fee of $500 for each month or
3045	portion of a month occurring after expiration, and before
3046	renewal, of the license.
3047	(e)  The department may not grant an exemption from the
3048	license fees prescribed in this subsection to any applicant.
3049	(f)  The department shall establish a procedural rule that,
3050	to the greatest extent possible, provides for the Department of
3051	Law Enforcement to conduct background investigations for the
3052	initial licensing and licensing renewals.
3053	(2)(a)  A license may be issued only to a person who is at
3054	least 18 years of age or to a corporation having officers who
3055	are at least 18 years of age.
3056	(b)  The department may refuse to issue a license to:
3057	1.  Any person, firm, association, partnership, or
3058	corporate entity whose license has been revoked by the
3059	department;
3060	2.  Any corporation having an officer whose license has
3061	been revoked by the department; or
3062	3.  Any person who is or has been an officer of a
3063	corporation whose license has been revoked by the department or
3064	who is or has been an officer of a corporation whose license
3065	relating to gambling activities has been revoked in another
3066	jurisdiction.
3067	(c)  The department shall revoke any license issued to a
3068	firm, association, partnership, or corporate entity that is
3069	prohibited from licensure under this section.
3070	(3)  Upon approval of an application for a license, the
3071	Department of Gaming Control shall issue to the applicant a
3072	license for the place of business or premises specified in the
3073	application. A license is not assignable and is valid only for
3074	the person in whose name the license is issued and for the place
3075	designated in the license. The licensee must be in possession of
3076	the license at all times while working at the location for which
3077	the license was issued and must display the license upon demand
3078	to any person.
3079	(4)  If a license has been destroyed or lost, the licensee
3080	may apply to the Department of Gaming Control for the issuance
3081	of a duplicate license. The department shall issue a duplicate
3082	license upon payment of a $150 fee, which the department shall
3083	deposit into the Destination Resort Trust Fund of the Department
3084	of Gaming Control.
3085	Section 44.  Transfers.-
3086	(1)  All of the statutory powers, duties and functions,
3087	records, personnel, property, and unexpended balances of
3088	appropriations, allocations, or other funds for the
3089	administration of chapter 550, Florida Statutes, are transferred
3090	intact by a type two transfer, as defined in s. 20.06(2),
3091	Florida Statutes, from the Division of Pari-mutuel Wagering of
3092	the Department of Business and Professional Regulation to the
3093	Division of Licensure of the Department of Gaming Control.
3094	(2)  All of the statutory powers, duties and functions,
3095	records, personnel, property, and unexpended balances of
3096	appropriations, allocations, or other funds for the
3097	administration of chapter 551, Florida Statutes, are transferred
3098	by a type two transfer, as defined in s. 20.06(2), Florida
3099	Statutes, from the Division of Pari-mutuel Wagering of the
3100	Department of Business and Professional Regulation to the
3101	Division of Licensure of Department of Gaming Control.
3102	(3)  All of the statutory powers, duties and functions,
3103	records, personnel, property, and unexpended balances of
3104	appropriations, allocations, or other funds for the
3105	administration of s. 849.086, Florida Statutes, are transferred
3106	by a type two transfer, as defined in s. 20.06(2), Florida
3107	Statutes, from the Division of Pari-mutuel Wagering of the
3108	Department of Business and Professional Regulation to the
3109	Division of Licensure of Department of Gaming Control.
3110	(4)  The following trust funds are transferred from the
3111	Division of Pari-mutuel Wagering of the Department of Business
3112	and Professional Regulation to the Division of Licensure of
3113	Department of Gaming Control:
3114	(a)  Pari-mutuel Wagering Trust Fund.
3115	(b)  Racing Scholarship Trust Fund.
3116	Section 45.  Paragraph (f) of subsection (1), subsection
3117	(7), and paragraph (a) of subsection (13) of section 285.710,
3118	Florida Statutes, are amended to read:
3119	285.710  Compact authorization.-
3120	(1)  As used in this section, the term:
3121	(f)  "State compliance agency" means the Division of
3122	Licensure Pari-mutuel Wagering of the Department of Gaming
3123	Control Business and Professional Regulation which is designated
3124	as the state agency having the authority to carry out the
3125	state's oversight responsibilities under the compact.
3126	(7)  The Division of Licensure Pari-mutuel Wagering of the
3127	Department of Gaming Control Business and Professional
3128	Regulation is designated as the state compliance agency having
3129	the authority to carry out the state's oversight
3130	responsibilities under the compact authorized by this section.
3131	(13)  For the purpose of satisfying the requirement in 25
3132	U.S.C. s. 2710(d)(1)(B) that the gaming activities authorized
3133	under an Indian gaming compact must be permitted in the state
3134	for any purpose by any person, organization, or entity, the
3135	following class III games or other games specified in this
3136	section are hereby authorized to be conducted by the Tribe
3137	pursuant to the compact:
3138	(a)  Slot machines, as defined in s. 551.102 551.102(8).
3139	Section 46.  Subsections (6) and (7) of section 550.002,
3140	Florida Statutes, are amended to read:
3141	550.002  Definitions.-As used in this chapter, the term:
3142	(6)  "Department" means the Department of Gaming Control
3143	Business and Professional Regulation.
3144	(7)  "Division" means the Division of Licensure Pari-mutuel
3145	Wagering within the Department of Gaming Control Business and
3146	Professional Regulation.
3147	Section 47.  Section 550.0251, Florida Statutes, is amended
3148	to read:
3149	550.0251  The powers and duties of the division of Pari-
3150	mutuel Wagering of the Department of Business and Professional
3151	Regulation.-The division shall administer this chapter and
3152	regulate the pari-mutuel industry under this chapter and the
3153	rules adopted pursuant thereto, and:
3154	(1)  The division shall make an annual report to the
3155	Governor showing its own actions, receipts derived under the
3156	provisions of this chapter, the practical effects of the
3157	application of this chapter, and any suggestions it may approve
3158	for the more effectual accomplishments of the purposes of this
3159	chapter.
3160	(2)  The division shall require an oath on application
3161	documents as required by rule, which oath must state that the
3162	information contained in the document is true and complete.
3163	(3)  The division shall adopt reasonable rules for the
3164	control, supervision, and direction of all applicants,
3165	permittees, and licensees and for the holding, conducting, and
3166	operating of all racetracks, race meets, and races held in this
3167	state. Such rules must be uniform in their application and
3168	effect, and the duty of exercising this control and power is
3169	made mandatory upon the division.
3170	(4)  The division may take testimony concerning any matter
3171	within its jurisdiction and issue summons and subpoenas for any
3172	witness and subpoenas duces tecum in connection with any matter
3173	within the jurisdiction of the division under its seal and
3174	signed by the director.
3175	(5)  The division may adopt rules establishing procedures
3176	for testing occupational licenseholders officiating at or
3177	participating in any race or game at any pari-mutuel facility
3178	under the jurisdiction of the division for a controlled
3179	substance or alcohol and may prescribe procedural matters not in
3180	conflict with s. 120.80(19) 120.80(4)(a).
3181	(6)  In addition to the power to exclude certain persons
3182	from any pari-mutuel facility in this state, the division may
3183	exclude any person from any and all pari-mutuel facilities in
3184	this state for conduct that would constitute, if the person were
3185	a licensee, a violation of this chapter or the rules of the
3186	division. The division may exclude from any pari-mutuel facility
3187	within this state any person who has been ejected from a pari-
3188	mutuel facility in this state or who has been excluded from any
3189	pari-mutuel facility in another state by the governmental
3190	department, agency, commission, or authority exercising
3191	regulatory jurisdiction over pari-mutuel facilities in such
3192	other state. The division may authorize any person who has been
3193	ejected or excluded from pari-mutuel facilities in this state or
3194	another state to attend the pari-mutuel facilities in this state
3195	upon a finding that the attendance of such person at pari-mutuel
3196	facilities would not be adverse to the public interest or to the
3197	integrity of the sport or industry; however, this subsection
3198	shall not be construed to abrogate the common-law right of a
3199	pari-mutuel permitholder to exclude absolutely a patron in this
3200	state.
3201	(7)  The division may oversee the making of, and
3202	distribution from, all pari-mutuel pools.
3203	(8)  The department may collect taxes and require
3204	compliance with reporting requirements for financial information
3205	as authorized by this chapter. In addition, the secretary of the
3206	department may require permitholders conducting pari-mutuel
3207	operations within the state to remit taxes, including fees, by
3208	electronic funds transfer if the taxes and fees amounted to
3209	$50,000 or more in the prior reporting year.
3210	(9)  The division may conduct investigations in enforcing
3211	this chapter, except that all information obtained pursuant to
3212	an investigation by the division for an alleged violation of
3213	this chapter or rules of the division is exempt from s.
3214	119.07(1) and from s. 24(a), Art. I of the State Constitution
3215	until an administrative complaint is issued or the investigation
3216	is closed or ceases to be active. This subsection does not
3217	prohibit the division from providing such information to any law
3218	enforcement agency or to any other regulatory agency. For the
3219	purposes of this subsection, an investigation is considered to
3220	be active while it is being conducted with reasonable dispatch
3221	and with a reasonable, good faith belief that it could lead to
3222	an administrative, civil, or criminal action by the division or
3223	another administrative or law enforcement agency. Except for
3224	active criminal intelligence or criminal investigative
3225	information, as defined in s. 119.011, and any other information
3226	that, if disclosed, would jeopardize the safety of an
3227	individual, all information, records, and transcriptions become
3228	public when the investigation is closed or ceases to be active.
3229	(10)  The division may impose an administrative fine for a
3230	violation under this chapter of not more than $1,000 for each
3231	count or separate offense, except as otherwise provided in this
3232	chapter, and may suspend or revoke a permit, a pari-mutuel
3233	license, or an occupational license for a violation under this
3234	chapter. All fines imposed and collected under this subsection
3235	must be deposited with the Chief Financial Officer to the credit
3236	of the General Revenue Fund.
3237	(11)  The division shall supervise and regulate the welfare
3238	of racing animals at pari-mutuel facilities.
3239	(12)  The division shall have full authority and power to
3240	make, adopt, amend, or repeal rules relating to cardroom
3241	operations, to enforce and to carry out the provisions of s.
3242	849.086, and to regulate the authorized cardroom activities in
3243	the state.
3244	(13)  The division shall have the authority to suspend a
3245	permitholder's permit or license, if such permitholder is
3246	operating a cardroom facility and such permitholder's cardroom
3247	license has been suspended or revoked pursuant to s. 849.086.
3248	Section 48.  Paragraph (f) of subsection (2) of section
3249	550.09514, Florida Statutes, is amended to read:
3250	550.09514  Greyhound dogracing taxes; purse requirements.-
3251	(2)
3252	(f)  Each greyhound permitholder shall, during the
3253	permitholder's race meet, supply kennel operators and the
3254	Division of Licensure Pari-Mutuel Wagering with a weekly report
3255	showing purses paid on live greyhound races and all greyhound
3256	intertrack and simulcast broadcasts, including both as a guest
3257	and a host together with the handle or commission calculations
3258	on which such purses were paid and the transmission costs of
3259	sending the simulcast or intertrack broadcasts, so that the
3260	kennel operators may determine statutory and contractual
3261	compliance.
3262	Section 49.  Subsection (1) of section 550.135, Florida
3263	Statutes, is amended to read:
3264	550.135  Division of moneys derived under this law.-All
3265	moneys that are deposited with the Chief Financial Officer to
3266	the credit of the Pari-mutuel Wagering Trust Fund shall be
3267	distributed as follows:
3268	(1)  The daily license fee revenues collected pursuant to
3269	s. 550.0951(1) shall be used to fund the operating cost of the
3270	division and to provide a proportionate share of the operation
3271	of the office of the secretary and the Division of
3272	Administration of the department of Business and Professional
3273	Regulation; however, other collections in the Pari-mutuel
3274	Wagering Trust Fund may also be used to fund the operation of
3275	the division in accordance with authorized appropriations.
3276	Section 50.  Subsection (4) of section 550.24055, Florida
3277	Statutes, is amended to read:
3278	550.24055  Use of controlled substances or alcohol
3279	prohibited; testing of certain occupational licensees; penalty;
3280	evidence of test or action taken and admissibility for criminal
3281	prosecution limited.-
3282	(4)  The provisions of s. 120.80(19) 120.80(4)(a) apply to
3283	all actions taken by the stewards, judges, or board of judges
3284	pursuant to this section without regard to the limitation
3285	contained therein.
3286	Section 51.  Subsection (15) of section 550.2415, Florida
3287	Statutes, is amended to read:
3288	550.2415  Racing of animals under certain conditions
3289	prohibited; penalties; exceptions.-
3290	(15)  The division may implement by rule medication levels
3291	recommended by the University of Florida College of Veterinary
3292	Medicine developed pursuant to an agreement between the division
3293	of Pari-mutuel Wagering and the University of Florida College of
3294	Veterinary Medicine. The University of Florida College of
3295	Veterinary Medicine may provide written notification to the
3296	division that it has completed research or review on a
3297	particular drug pursuant to the agreement and when the College
3298	of Veterinary Medicine has completed a final report of its
3299	findings, conclusions, and recommendations to the division.
3300	Section 52.  Paragraph (j) of subsection (3) of section
3301	550.2625, Florida Statutes, is amended to read:
3302	550.2625  Horseracing; minimum purse requirement, Florida
3303	breeders' and owners' awards.-
3304	(3)  Each horseracing permitholder conducting any
3305	thoroughbred race under this chapter, including any intertrack
3306	race taken pursuant to ss. 550.615-550.6305 or any interstate
3307	simulcast taken pursuant to s. 550.3551(3) shall pay a sum equal
3308	to 0.955 percent on all pari-mutuel pools conducted during any
3309	such race for the payment of breeders', stallion, or special
3310	racing awards as authorized in this chapter. This subsection
3311	also applies to all Breeder's Cup races conducted outside this
3312	state taken pursuant to s. 550.3551(3). On any race originating
3313	live in this state which is broadcast out-of-state to any
3314	location at which wagers are accepted pursuant to s.
3315	550.3551(2), the host track is required to pay 3.475 percent of
3316	the gross revenue derived from such out-of-state broadcasts as
3317	breeders', stallion, or special racing awards. The Florida
3318	Thoroughbred Breeders' Association is authorized to receive
3319	these payments from the permitholders and make payments of
3320	awards earned. The Florida Thoroughbred Breeders' Association
3321	has the right to withhold up to 10 percent of the permitholder's
3322	payments under this section as a fee for administering the
3323	payments of awards and for general promotion of the industry.
3324	The permitholder shall remit these payments to the Florida
3325	Thoroughbred Breeders' Association by the 5th day of each
3326	calendar month for such sums accruing during the preceding
3327	calendar month and shall report such payments to the division as
3328	prescribed by the division. With the exception of the 10-percent
3329	fee, the moneys paid by the permitholders shall be maintained in
3330	a separate, interest-bearing account, and such payments together
3331	with any interest earned shall be used exclusively for the
3332	payment of breeders', stallion, or special racing awards in
3333	accordance with the following provisions:
3334	(j)  If the division finds that the Florida Thoroughbred
3335	Breeders' Association has not complied with any provision of
3336	this section, the division may order the association to cease
3337	and desist from receiving funds and administering funds received
3338	under this section. If the division enters such an order, the
3339	permitholder shall make the payments authorized in this section
3340	to the division for deposit into the Pari-mutuel Wagering Trust
3341	Fund; and any funds in the Florida Thoroughbred Breeders'
3342	Association account shall be immediately paid to the division of
3343	Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering
3344	Trust Fund. The division shall authorize payment from these
3345	funds to any breeder or stallion owner entitled to an award that
3346	has not been previously paid by the Florida Thoroughbred
3347	Breeders' Association in accordance with the applicable rate.
3348	Section 53.  Subsection (1) of section 550.2704, Florida
3349	Statutes, is amended to read:
3350	550.2704  Jai Alai Tournament of Champions Meet.-
3351	(1)  Notwithstanding any provision of this chapter, there
3352	is hereby created a special jai alai meet which shall be
3353	designated as the "Jai Alai Tournament of Champions Meet" and
3354	which shall be hosted by the Florida jai alai permitholders
3355	selected by the National Association of Jai Alai Frontons, Inc.,
3356	to conduct such meet. The meet shall consist of three qualifying
3357	performances and a final performance, each of which is to be
3358	conducted on different days. Upon the selection of the Florida
3359	permitholders for the meet, and upon application by the selected
3360	permitholders, the division of Pari-mutuel Wagering shall issue
3361	a license to each of the selected permitholders to operate the
3362	meet. The meet may be conducted during a season in which the
3363	permitholders selected to conduct the meet are not otherwise
3364	authorized to conduct a meet. Notwithstanding anything herein to
3365	the contrary, any Florida permitholder who is to conduct a
3366	performance which is a part of the Jai Alai Tournament of
3367	Champions Meet shall not be required to apply for the license
3368	for said meet if it is to be run during the regular season for
3369	which such permitholder has a license.
3370	Section 54.  Subsection (3) of section 550.902, Florida
3371	Statutes, is amended to read:
3372	550.902  Purposes.-The purposes of this compact are to:
3373	(3)  Authorize the department of Business and Professional
3374	Regulation to participate in this compact.
3375	Section 55.  Subsection (1) of section 550.907, Florida
3376	Statutes, is amended to read:
3377	550.907  Compact committee.-
3378	(1)  There is created an interstate governmental entity to
3379	be known as the "compact committee," which shall be composed of
3380	one official from the racing commission, or the equivalent
3381	thereof, in each party state who shall be appointed, serve, and
3382	be subject to removal in accordance with the laws of the party
3383	state that she or he represents. The official from Florida shall
3384	be appointed by the State Gaming Commission Secretary of
3385	Business and Professional Regulation. Pursuant to the laws of
3386	her or his party state, each official shall have the assistance
3387	of her or his state's racing commission, or the equivalent
3388	thereof, in considering issues related to licensing of
3389	participants in pari-mutuel wagering and in fulfilling her or
3390	his responsibilities as the representative from her or his state
3391	to the compact committee.
3392	Section 56.  Section 551.101, Florida Statutes, is amended
3393	to read:
3394	551.101  Slot machine gaming authorized.-Any licensed pari-
3395	mutuel facility located in Miami-Dade County or Broward County
3396	existing at the time of adoption of s. 23, Art. X of the State
3397	Constitution that has conducted live racing or games during
3398	calendar years 2002 and 2003 may possess slot machines and
3399	conduct slot machine gaming at the location where the pari-
3400	mutuel permitholder is authorized to conduct pari-mutuel
3401	wagering activities pursuant to such permitholder's valid pari-
3402	mutuel permit provided that a majority of voters in a countywide
3403	referendum have approved slot machines at such facility in the
3404	respective county. Notwithstanding any other provision of law,
3405	it is not a crime for a person to participate in slot machine
3406	gaming at a pari-mutuel facility licensed to possess slot
3407	machines and conduct slot machine gaming or to participate in
3408	slot machine gaming described in this part chapter.
3409	Section 57.  Section 551.102, Florida Statutes, is amended
3410	to read:
3411	551.102  Definitions.-As used in this part chapter, the
3412	term:
3413	(1)  "Distributor" means any person who sells, leases, or
3414	offers or otherwise provides, distributes, or services any slot
3415	machine or associated equipment for use or play of slot machines
3416	in this state. A manufacturer may be a distributor within the
3417	state.
3418	(2)  "Designated slot machine gaming area" means the area
3419	or areas of a facility of a slot machine licensee in which slot
3420	machine gaming may be conducted in accordance with the
3421	provisions of this part chapter.
3422	(3)  "Division" means the Division of Pari-mutuel Wagering
3423	of the Department of Business and Professional Regulation.
3424	(3)(4)  "Eligible facility" means any licensed pari-mutuel
3425	facility located in Miami-Dade County or Broward County existing
3426	at the time of adoption of s. 23, Art. X of the State
3427	Constitution that has conducted live racing or games during
3428	calendar years 2002 and 2003 and has been approved by a majority
3429	of voters in a countywide referendum to have slot machines at
3430	such facility in the respective county; any licensed pari-mutuel
3431	facility located within a county as defined in s. 125.011,
3432	provided such facility has conducted live racing or games for 2
3433	consecutive calendar years immediately preceding its application
3434	for a slot machine license, pays the required license fee, and
3435	meets the other requirements of this part chapter; or any
3436	licensed pari-mutuel facility in any other county in which a
3437	majority of voters have approved slot machines at such
3438	facilities in a countywide referendum held pursuant to a
3439	statutory or constitutional authorization after the effective
3440	date of this section in the respective county, provided such
3441	facility has conducted a full schedule of live racing for 2
3442	consecutive calendar years immediately preceding its application
3443	for a slot machine license, pays the required licensed fee, and
3444	meets the other requirements of this part chapter.
3445	(4)(5)  "Manufacturer" means any person who manufactures,
3446	builds, rebuilds, fabricates, assembles, produces, programs,
3447	designs, or otherwise makes modifications to any slot machine or
3448	associated equipment for use or play of slot machines in this
3449	state for gaming purposes. A manufacturer may be a distributor
3450	within the state.
3451	(5)(6)  "Nonredeemable credits" means slot machine
3452	operating credits that cannot be redeemed for cash or any other
3453	thing of value by a slot machine, kiosk, or the slot machine
3454	licensee and that are provided free of charge to patrons. Such
3455	credits do not constitute "nonredeemable credits" until such
3456	time as they are metered as credit into a slot machine and
3457	recorded in the facility-based monitoring system.
3458	(6)(7)  "Progressive system" means a computerized system
3459	linking slot machines in one or more licensed facilities within
3460	this state or other jurisdictions and offering one or more
3461	common progressive payouts based on the amounts wagered.
3462	(7)(8)  "Slot machine" means any mechanical or electrical
3463	contrivance, terminal that may or may not be capable of
3464	downloading slot games from a central server system, machine, or
3465	other device that, upon insertion of a coin, bill, ticket,
3466	token, or similar object or upon payment of any consideration
3467	whatsoever, including the use of any electronic payment system
3468	except a credit card or debit card, is available to play or
3469	operate, the play or operation of which, whether by reason of
3470	skill or application of the element of chance or both, may
3471	deliver or entitle the person or persons playing or operating
3472	the contrivance, terminal, machine, or other device to receive
3473	cash, billets, tickets, tokens, or electronic credits to be
3474	exchanged for cash or to receive merchandise or anything of
3475	value whatsoever, whether the payoff is made automatically from
3476	the machine or manually. The term includes associated equipment
3477	necessary to conduct the operation of the contrivance, terminal,
3478	machine, or other device. Slot machines may use spinning reels,
3479	video displays, or both. A slot machine is not a "coin-operated
3480	amusement machine" as defined in s. 212.02(24) or an amusement
3481	game or machine as described in s. 849.161, and slot machines
3482	are not subject to the tax imposed by s. 212.05(1)(h).
3483	(8)(9)  "Slot machine facility" means a facility at which
3484	slot machines as defined in this part chapter are lawfully
3485	offered for play.
3486	(9)(10)  "Slot machine license" means a license issued by
3487	the division authorizing a pari-mutuel permitholder to place and
3488	operate slot machines as provided by s. 23, Art. X of the State
3489	Constitution, the provisions of this part chapter, and division
3490	rules.
3491	(10)(11)  "Slot machine licensee" means a pari-mutuel
3492	permitholder who holds a license issued by the division pursuant
3493	to this part chapter that authorizes such person to possess a
3494	slot machine within facilities specified in s. 23, Art. X of the
3495	State Constitution and allows slot machine gaming.
3496	(11)(12)  "Slot machine operator" means a person employed
3497	or contracted by the owner of a licensed facility to conduct
3498	slot machine gaming at that licensed facility.
3499	(12)(13)  "Slot machine revenues" means the total of all
3500	cash and property, except nonredeemable credits, received by the
3501	slot machine licensee from the operation of slot machines less
3502	the amount of cash, cash equivalents, credits, and prizes paid
3503	to winners of slot machine gaming.
3504	Section 58.  Subsections (1), (2), and (3) and paragraph
3505	(b) of subsection (4) of section 551.103, Florida Statutes, are
3506	amended to read:
3507	551.103  Powers and duties of the division and law
3508	enforcement.-
3509	(1)  The division shall adopt, pursuant to the provisions
3510	of ss. 120.536(1) and 120.54, all rules necessary to implement,
3511	administer, and regulate slot machine gaming as authorized in
3512	this part chapter. Such rules must include:
3513	(a)  Procedures for applying for a slot machine license and
3514	renewal of a slot machine license.
3515	(b)  Technical requirements and the qualifications
3516	contained in this part chapter that are necessary to receive a
3517	slot machine license or slot machine occupational license.
3518	(c)  Procedures to scientifically test and technically
3519	evaluate slot machines for compliance with this part chapter.
3520	The division may contract with an independent testing laboratory
3521	to conduct any necessary testing under this section. The
3522	independent testing laboratory must have a national reputation
3523	which is demonstrably competent and qualified to scientifically
3524	test and evaluate slot machines for compliance with this part
3525	chapter and to otherwise perform the functions assigned to it in
3526	this part chapter. An independent testing laboratory shall not
3527	be owned or controlled by a licensee. The use of an independent
3528	testing laboratory for any purpose related to the conduct of
3529	slot machine gaming by a licensee under this part chapter shall
3530	be made from a list of one or more laboratories approved by the
3531	division.
3532	(d)  Procedures relating to slot machine revenues,
3533	including verifying and accounting for such revenues, auditing,
3534	and collecting taxes and fees consistent with this part chapter.
3535	(e)  Procedures for regulating, managing, and auditing the
3536	operation, financial data, and program information relating to
3537	slot machine gaming that allow the division and the Department
3538	of Law Enforcement to audit the operation, financial data, and
3539	program information of a slot machine licensee, as required by
3540	the division or the Department of Law Enforcement, and provide
3541	the division and the Department of Law Enforcement with the
3542	ability to monitor, at any time on a real-time basis, wagering
3543	patterns, payouts, tax collection, and compliance with any rules
3544	adopted by the division for the regulation and control of slot
3545	machines operated under this part chapter. Such continuous and
3546	complete access, at any time on a real-time basis, shall include
3547	the ability of either the division or the Department of Law
3548	Enforcement to suspend play immediately on particular slot
3549	machines if monitoring of the facilities-based computer system
3550	indicates possible tampering or manipulation of those slot
3551	machines or the ability to suspend play immediately of the
3552	entire operation if the tampering or manipulation is of the
3553	computer system itself. The division shall notify the Department
3554	of Law Enforcement or the Department of Law Enforcement shall
3555	notify the division, as appropriate, whenever there is a
3556	suspension of play under this paragraph. The division and the
3557	Department of Law Enforcement shall exchange such information
3558	necessary for and cooperate in the investigation of the
3559	circumstances requiring suspension of play under this paragraph.
3560	(f)  Procedures for requiring each licensee at his or her
3561	own cost and expense to supply the division with a bond having
3562	the penal sum of $2 million payable to the Governor and his or
3563	her successors in office for each year of the licensee's slot
3564	machine operations. Any bond shall be issued by a surety or
3565	sureties approved by the division and the Chief Financial
3566	Officer, conditioned to faithfully make the payments to the
3567	Chief Financial Officer in his or her capacity as treasurer of
3568	the division. The licensee shall be required to keep its books
3569	and records and make reports as provided in this part chapter
3570	and to conduct its slot machine operations in conformity with
3571	this part chapter and all other provisions of law. Such bond
3572	shall be separate and distinct from the bond required in s.
3573	550.125.
3574	(g)  Procedures for requiring licensees to maintain
3575	specified records and submit any data, information, record, or
3576	report, including financial and income records, required by this
3577	part chapter or determined by the division to be necessary to
3578	the proper implementation and enforcement of this part chapter.
3579	(h)  A requirement that the payout percentage of a slot
3580	machine be no less than 85 percent.
3581	(i)  Minimum standards for security of the facilities,
3582	including floor plans, security cameras, and other security
3583	equipment.
3584	(j)  Procedures for requiring slot machine licensees to
3585	implement and establish drug-testing programs for all slot
3586	machine occupational licensees.
3587	(2)  The division shall conduct such investigations
3588	necessary to fulfill its responsibilities under the provisions
3589	of this part chapter.
3590	(3)  The Department of Law Enforcement and local law
3591	enforcement agencies shall have concurrent jurisdiction to
3592	investigate criminal violations of this part chapter and may
3593	investigate any other criminal violation of law occurring at the
3594	facilities of a slot machine licensee, and such investigations
3595	may be conducted in conjunction with the appropriate state
3596	attorney.
3597	(4)
3598	(b)  In addition, the division may:
3599	1.  Collect taxes, assessments, fees, and penalties.
3600	2.  Deny, revoke, suspend, or place conditions on the
3601	license of a person who violates any provision of this part
3602	chapter or rule adopted pursuant thereto.
3603	Section 59.  Subsection (1), paragraph (a) of subsection
3604	(4), subsections (6) and (8), and paragraph (d) of subsection
3605	(10) of section 551.104, Florida Statutes, are amended to read:
3606	551.104  License to conduct slot machine gaming.-
3607	(1)  Upon application and a finding by the division after
3608	investigation that the application is complete and the applicant
3609	is qualified and payment of the initial license fee, the
3610	division may issue a license to conduct slot machine gaming in
3611	the designated slot machine gaming area of the eligible
3612	facility. Once licensed, slot machine gaming may be conducted
3613	subject to the requirements of this part chapter and rules
3614	adopted pursuant thereto.
3615	(4)  As a condition of licensure and to maintain continued
3616	authority for the conduct of slot machine gaming, the slot
3617	machine licensee shall:
3618	(a)  Continue to be in compliance with this part chapter.
3619	(6)  A slot machine licensee shall keep and maintain
3620	permanent daily records of its slot machine operation and shall
3621	maintain such records for a period of not less than 5 years.
3622	These records must include all financial transactions and
3623	contain sufficient detail to determine compliance with the
3624	requirements of this part chapter. All records shall be
3625	available for audit and inspection by the division, the
3626	Department of Law Enforcement, or other law enforcement agencies
3627	during the licensee's regular business hours.
3628	(8)  A slot machine licensee shall file with the division
3629	an audit of the receipt and distribution of all slot machine
3630	revenues provided by an independent certified public accountant
3631	verifying compliance with all financial and auditing provisions
3632	of this part chapter and the associated rules adopted under this
3633	part chapter. The audit must include verification of compliance
3634	with all statutes and rules regarding all required records of
3635	slot machine operations. Such audit shall be filed within 60
3636	days after the completion of the permitholder's pari-mutuel
3637	meet.
3638	(10)
3639	(d)  If any provision of this subsection or its application
3640	to any person or circumstance is held invalid, the invalidity
3641	does not affect other provisions or applications of this
3642	subsection or part chapter which can be given effect without the
3643	invalid provision or application, and to this end the provisions
3644	of this subsection are severable.
3645	Section 60.  Paragraph (a) of subsection (1) and subsection
3646	(4) of section 551.106, Florida Statutes, are amended to read:
3647	551.106  License fee; tax rate; penalties.-
3648	(1)  LICENSE FEE.-
3649	(a)  Upon submission of the initial application for a slot
3650	machine license and annually thereafter, on the anniversary date
3651	of the issuance of the initial license, the licensee must pay to
3652	the division a nonrefundable license fee of $3 million for the
3653	succeeding 12 months of licensure. In the 2010-2011 fiscal year,
3654	the licensee must pay the division a nonrefundable license fee
3655	of $2.5 million for the succeeding 12 months of licensure. In
3656	the 2011-2012 fiscal year and for every fiscal year thereafter,
3657	the licensee must pay the division a nonrefundable license fee
3658	of $2 million for the succeeding 12 months of licensure. The
3659	license fee shall be deposited into the Pari-mutuel Wagering
3660	Trust Fund of the Department of Business and Professional
3661	Regulation to be used by the division and the Department of Law
3662	Enforcement for investigations, regulation of slot machine
3663	gaming, and enforcement of slot machine gaming provisions under
3664	this part chapter. These payments shall be accounted for
3665	separately from taxes or fees paid pursuant to the provisions of
3666	chapter 550.
3667	(4)  TO PAY TAX; PENALTIES.-A slot machine licensee who
3668	fails to make tax payments as required under this section is
3669	subject to an administrative penalty of up to $10,000 for each
3670	day the tax payment is not remitted. All administrative
3671	penalties imposed and collected shall be deposited into the
3672	Pari-mutuel Wagering Trust Fund of the Department of Business
3673	and Professional Regulation. If any slot machine licensee fails
3674	to pay penalties imposed by order of the division under this
3675	subsection, the division may suspend, revoke, or refuse to renew
3676	the license of the slot machine licensee.
3677	Section 61.  Subsection (1), paragraph (d) of subsection
3678	(4), paragraph (a) of subsection (6), and subsection (11) of
3679	section 551.107, Florida Statutes, are amended to read:
3680	551.107  Slot machine occupational license; findings;
3681	application; fee.-
3682	(1)  The Legislature finds that individuals and entities
3683	that are licensed under this section require heightened state
3684	scrutiny, including the submission by the individual licensees
3685	or persons associated with the entities described in this part
3686	chapter of fingerprints for a criminal history record check.
3687	(4)
3688	(d)  The slot machine occupational license fee for initial
3689	application and annual renewal shall be determined by rule of
3690	the division but may not exceed $50 for a general or
3691	professional occupational license for an employee of the slot
3692	machine licensee or $1,000 for a business occupational license
3693	for nonemployees of the licensee providing goods or services to
3694	the slot machine licensee. License fees for general occupational
3695	licensees shall be paid by the slot machine licensee. Failure to
3696	pay the required fee constitutes grounds for disciplinary action
3697	by the division against the slot machine licensee, but it is not
3698	a violation of this part chapter or rules of the division by the
3699	general occupational licensee and does not prohibit the initial
3700	issuance or the renewal of the general occupational license.
3701	(6)(a)  The division may deny, suspend, revoke, or refuse
3702	to renew any slot machine occupational license if the applicant
3703	for such license or the licensee has violated the provisions of
3704	this part chapter or the rules of the division governing the
3705	conduct of persons connected with slot machine gaming. In
3706	addition, the division may deny, suspend, revoke, or refuse to
3707	renew any slot machine occupational license if the applicant for
3708	such license or the licensee has been convicted in this state,
3709	in any other state, or under the laws of the United States of a
3710	capital felony, a felony, or an offense in any other state that
3711	would be a felony under the laws of this state involving arson;
3712	trafficking in, conspiracy to traffic in, smuggling, importing,
3713	conspiracy to smuggle or import, or delivery, sale, or
3714	distribution of a controlled substance; racketeering; or a crime
3715	involving a lack of good moral character, or has had a gaming
3716	license revoked by this state or any other jurisdiction for any
3717	gaming-related offense.
3718	(11)  The division may impose a civil fine of up to $5,000
3719	for each violation of this part chapter or the rules of the
3720	division in addition to or in lieu of any other penalty provided
3721	for in this section. The division may adopt a penalty schedule
3722	for violations of this part chapter or any rule adopted pursuant
3723	to this part chapter for which it would impose a fine in lieu of
3724	a suspension and adopt rules allowing for the issuance of
3725	citations, including procedures to address such citations, to
3726	persons who violate such rules. In addition to any other penalty
3727	provided by law, the division may exclude from all licensed slot
3728	machine facilities in this state, for a period not to exceed the
3729	period of suspension, revocation, or ineligibility, any person
3730	whose occupational license application has been declared
3731	ineligible to hold an occupational license or whose occupational
3732	license has been suspended or revoked by the division.
3733	Section 62.  Subsection (2) of section 551.108, Florida
3734	Statutes, is amended to read:
3735	551.108  Prohibited relationships.-
3736	(2)  A manufacturer or distributor of slot machines may not
3737	enter into any contract with a slot machine licensee that
3738	provides for any revenue sharing of any kind or nature that is
3739	directly or indirectly calculated on the basis of a percentage
3740	of slot machine revenues. Any maneuver, shift, or device whereby
3741	this subsection is violated is a violation of this part chapter
3742	and renders any such agreement void.
3743	Section 63.  Subsections (1), (2), and (7) of section
3744	551.109, Florida Statutes, are amended to read:
3745	551.109  Prohibited acts; penalties.-
3746	(1)  Except as otherwise provided by law and in addition to
3747	any other penalty, any person who knowingly makes or causes to
3748	be made, or aids, assists, or procures another to make, a false
3749	statement in any report, disclosure, application, or any other
3750	document required under this part chapter or any rule adopted
3751	under this part chapter is subject to an administrative fine or
3752	civil penalty of up to $10,000.
3753	(2)  Except as otherwise provided by law and in addition to
3754	any other penalty, any person who possesses a slot machine
3755	without the license required by this part chapter or who
3756	possesses a slot machine at any location other than at the slot
3757	machine licensee's facility is subject to an administrative fine
3758	or civil penalty of up to $10,000 per machine. The prohibition
3759	in this subsection does not apply to:
3760	(a)  Slot machine manufacturers or slot machine
3761	distributors that hold appropriate licenses issued by the
3762	division who are authorized to maintain a slot machine storage
3763	and maintenance facility at any location in a county in which
3764	slot machine gaming is authorized by this part chapter. The
3765	division may adopt rules regarding security and access to the
3766	storage facility and inspections by the division.
3767	(b)  Certified educational facilities that are authorized
3768	to maintain slot machines for the sole purpose of education and
3769	licensure, if any, of slot machine technicians, inspectors, or
3770	investigators. The division and the Department of Law
3771	Enforcement may possess slot machines for training and testing
3772	purposes. The division may adopt rules regarding the regulation
3773	of any such slot machines used for educational, training, or
3774	testing purposes.
3775	(7)  All penalties imposed and collected under this section
3776	must be deposited into the Pari-mutuel Wagering Trust Fund of
3777	the Department of Business and Professional Regulation.
3778	Section 64.  Section 551.111, Florida Statutes, is amended
3779	to read:
3780	551.111  Legal devices.-Notwithstanding any provision of
3781	law to the contrary, a slot machine manufactured, sold,
3782	distributed, possessed, or operated according to the provisions
3783	of this part chapter is not unlawful.
3784	Section 65.  Section 551.112, Florida Statutes, is amended
3785	to read:
3786	551.112  Exclusions of certain persons.-In addition to the
3787	power to exclude certain persons from any facility of a slot
3788	machine licensee in this state, the division may exclude any
3789	person from any facility of a slot machine licensee in this
3790	state for conduct that would constitute, if the person were a
3791	licensee, a violation of this part chapter or the rules of the
3792	division. The division may exclude from any facility of a slot
3793	machine licensee any person who has been ejected from a facility
3794	of a slot machine licensee in this state or who has been
3795	excluded from any facility of a slot machine licensee or gaming
3796	facility in another state by the governmental department,
3797	agency, commission, or authority exercising regulatory
3798	jurisdiction over the gaming in such other state. This section
3799	does not abrogate the common law right of a slot machine
3800	licensee to exclude a patron absolutely in this state.
3801	Section 66.  Section 551.117, Florida Statutes, is amended
3802	to read:
3803	551.117  Penalties.-The division may revoke or suspend any
3804	slot machine license issued under this part chapter upon the
3805	willful violation by the slot machine licensee of any provision
3806	of this part chapter or of any rule adopted under this part
3807	chapter. In lieu of suspending or revoking a slot machine
3808	license, the division may impose a civil penalty against the
3809	slot machine licensee for a violation of this part chapter or
3810	any rule adopted by the division. Except as otherwise provided
3811	in this part chapter, the penalty so imposed may not exceed
3812	$100,000 for each count or separate offense. All penalties
3813	imposed and collected must be deposited into the Pari-mutuel
3814	Wagering Trust Fund of the Department of Business and
3815	Professional Regulation.
3816	Section 67.  Section 551.119, Florida Statutes, is amended
3817	to read:
3818	551.119  Caterer's license.-A slot machine licensee is
3819	entitled to a caterer's license pursuant to s. 565.02 on days on
3820	which the pari-mutuel facility is open to the public for slot
3821	machine game play as authorized by this part chapter.
3822	Section 68.  Section 551.122, Florida Statutes, is amended
3823	to read:
3824	551.122  Rulemaking.-The division may adopt rules pursuant
3825	to ss. 120.536(1) and 120.54 to administer the provisions of
3826	this part chapter.
3827	Section 69.  Section 551.123, Florida Statutes, is amended
3828	to read:
3829	551.123  Legislative authority; administration of part
3830	chapter.-The Legislature finds and declares that it has
3831	exclusive authority over the conduct of all wagering occurring
3832	at a slot machine facility in this state. As provided by law,
3833	only the division of Pari-mutuel Wagering and other authorized
3834	state agencies shall administer this part chapter and regulate
3835	the slot machine gaming industry, including operation of slot
3836	machine facilities, games, slot machines, and facilities-based
3837	computer systems authorized in this part chapter and the rules
3838	adopted by the division.
3839	Section 70.  Subsection (5) of section 565.02, Florida
3840	Statutes, is amended to read:
3841	565.02  License fees; vendors; clubs; caterers; and
3842	others.-
3843	(5)  A caterer at a horse or dog racetrack or jai alai
3844	fronton may obtain a license upon the payment of an annual state
3845	license tax of $675. Such caterer's license shall permit sales
3846	only within the enclosure in which such races or jai alai games
3847	are conducted, and such licensee shall be permitted to sell only
3848	during the period beginning 10 days before and ending 10 days
3849	after racing or jai alai under the authority of the Division of
3850	Licensure Pari-mutuel Wagering of the Department of Gaming
3851	Control Business and Professional Regulation is conducted at
3852	such racetrack or jai alai fronton. Except as in this subsection
3853	otherwise provided, caterers licensed hereunder shall be treated
3854	as vendors licensed to sell by the drink the beverages mentioned
3855	herein and shall be subject to all the provisions hereof
3856	relating to such vendors.
3857	Section 71.  Section 817.37, Florida Statutes, is amended
3858	to read:
3859	817.37  Touting; defining; providing punishment; ejection
3860	from racetracks.-
3861	(1)  Any person who knowingly and designedly by false
3862	representation attempts to, or does persuade, procure or cause
3863	another person to wager on a horse in a race to be run in this
3864	state or elsewhere, and upon which money is wagered in this
3865	state, and who asks or demands compensation as a reward for
3866	information or purported information given in such case is a
3867	tout, and is guilty of touting.
3868	(2)  Any person who is a tout, or who attempts or conspires
3869	to commit touting, shall be guilty of a misdemeanor of the
3870	second degree, punishable as provided in s. 775.082 or s.
3871	775.083.
3872	(3)  Any person who in the commission of touting falsely
3873	uses the name of any official of the Florida Division of
3874	Licensure of the Department of Gaming Control Pari-mutuel
3875	Wagering, its inspectors or attaches, or of any official of any
3876	racetrack association, or the names of any owner, trainer,
3877	jockey, or other person licensed by the Florida Division of
3878	Licensure of the Department of Gaming Control Pari-mutuel
3879	Wagering, as the source of any information or purported
3880	information shall be guilty of a felony of the third degree,
3881	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3882	(4)  Any person who has been convicted of touting by any
3883	court, and the record of whose conviction on such charge is on
3884	file in the office of the Florida Division of Licensure of the
3885	Department of Gaming Control Pari-mutuel Wagering, any court of
3886	this state, or of the Federal Bureau of Investigation, or any
3887	person who has been ejected from any racetrack of this or any
3888	other state for touting or practices inimical to the public
3889	interest shall be excluded from all racetracks in this state and
3890	if such person returns to a racetrack he or she shall be guilty
3891	of a misdemeanor of the second degree, punishable as provided in
3892	s. 775.082 or s. 775.083. Any such person who refuses to leave
3893	such track when ordered to do so by inspectors of the Florida
3894	Division of Licensure of the Department of Gaming Control Pari-
3895	mutuel Wagering or by any peace officer, or by an accredited
3896	attaché attache of a racetrack or association shall be guilty of
3897	a separate offense which shall be a misdemeanor of the second
3898	degree, punishable as provided in s. 775.083.
3899	Section 72.  Paragraph (g) of subsection (2) and
3900	subsections (4) and (16) of section 849.086, Florida Statutes,
3901	are amended to read:
3902	849.086  Cardrooms authorized.-
3903	(2)  DEFINITIONS.-As used in this section:
3904	(g)  "Division" means the Division of Licensure Pari-mutuel
3905	Wagering of the Department of Gaming Control Business and
3906	Professional Regulation.
3907	(4)  AUTHORITY OF DIVISION.-The division of Pari-mutuel
3908	Wagering of the Department of Business and Professional
3909	Regulation shall administer this section and regulate the
3910	operation of cardrooms under this section and the rules adopted
3911	pursuant thereto, and is hereby authorized to:
3912	(a)  Adopt rules, including, but not limited to: the
3913	issuance of cardroom and employee licenses for cardroom
3914	operations; the operation of a cardroom; recordkeeping and
3915	reporting requirements; and the collection of all fees and taxes
3916	imposed by this section.
3917	(b)  Conduct investigations and monitor the operation of
3918	cardrooms and the playing of authorized games therein.
3919	(c)  Review the books, accounts, and records of any current
3920	or former cardroom operator.
3921	(d)  Suspend or revoke any license or permit, after
3922	hearing, for any violation of the provisions of this section or
3923	the administrative rules adopted pursuant thereto.
3924	(e)  Take testimony, issue summons and subpoenas for any
3925	witness, and issue subpoenas duces tecum in connection with any
3926	matter within its jurisdiction.
3927	(f)  Monitor and ensure the proper collection of taxes and
3928	fees imposed by this section. Permitholder internal controls are
3929	mandated to ensure no compromise of state funds. To that end, a
3930	roaming division auditor will monitor and verify the cash flow
3931	and accounting of cardroom revenue for any given operating day.
3932	(16)  LOCAL GOVERNMENT APPROVAL.-The division may of Pari-
3933	mutuel Wagering shall not issue any initial license under this
3934	section except upon proof in such form as the division may
3935	prescribe that the local government where the applicant for such
3936	license desires to conduct cardroom gaming has voted to approve
3937	such activity by a majority vote of the governing body of the
3938	municipality or the governing body of the county if the facility
3939	is not located in a municipality.
3940	Section 73.  Subsection (10) of section 849.094, Florida
3941	Statutes, is amended to read:
3942	849.094  Game promotion in connection with sale of consumer
3943	products or services.-
3944	(10)  This section does not apply to actions or
3945	transactions regulated by the Department of Gaming Control
3946	Business and Professional Regulation or to the activities of
3947	nonprofit organizations or to any other organization engaged in
3948	any enterprise other than the sale of consumer products or
3949	services. Subsections (3), (4), (5), (6), and (7) and paragraph
3950	(8)(a) and any of the rules made pursuant thereto do not apply
3951	to television or radio broadcasting companies licensed by the
3952	Federal Communications Commission.
3953	Section 74.  If any provision of this act or its
3954	application to any person or circumstance is held invalid, the
3955	invalidity does not affect other provisions or applications of
3956	this act which can be given effect without the invalid provision
3957	or application, and to this end the provisions of this act are
3958	severable.
3959	Section 75.  Except as otherwise expressly provided in this
3960	act, this act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.