Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (514374) for SB 840
       
       
       
       
       
       
                                Ì184406&Î184406                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) and subsection
    6  (3) of section 285.710, Florida Statutes, are amended to read:
    7         285.710 Compact authorization.—
    8         (1) As used in this section, the term:
    9         (a) “Compact” means the Gaming Compact between the Seminole
   10  Tribe of Florida and the State of Florida, executed on April 7,
   11  2010.
   12         (3)(a) The Gaming Compact between the Seminole Tribe of
   13  Florida and the State of Florida, executed by the Governor and
   14  the Tribe on April 7, 2010, was is ratified and approved by
   15  chapter 2010-29, Laws of Florida. The Governor shall cooperate
   16  with the Tribe in seeking approval of the compact from the
   17  United States Secretary of the Interior.
   18         (b)The Governor, on behalf of this state, is hereby
   19  authorized and directed to execute a new compact with the Tribe
   20  as set forth in paragraph (c), and the Legislature hereby
   21  signifies in advance its approval and ratification of such
   22  compact, provided that it is identical to the compact set forth
   23  in paragraph (c) and becomes effective on or before January 1,
   24  2019. The Governor shall cooperate with the Tribe in seeking
   25  approval of such compact ratified and approved under this
   26  paragraph from the Secretary of the Department of the Interior.
   27  Upon becoming effective, such compact supersedes the Gaming
   28  Compact ratified and approved under paragraph (a), which shall
   29  then become null and void.
   30         (c)The Legislature hereby approves and ratifies the
   31  following Gaming Compact between the State of Florida and the
   32  Seminole Tribe of Florida, provided that such compact becomes
   33  effective on or before January 1, 2019:
   34  
   35        Gaming Compact Between the Seminole Tribe of Florida       
   36                      and the State of Florida                     
   37  
   38         This compact is made and entered into by and between the
   39  Seminole Tribe of Florida and the State of Florida, with respect
   40  to the operation of covered games, as defined herein, on the
   41  Tribe’s Indian lands, as defined by the Indian Gaming Regulatory
   42  Act, 25 U.S.C. ss. 2701 et seq.
   43  
   44                               PART I                              
   45  
   46         TITLE.—This document shall be referred to as the “Gaming
   47  Compact between the Seminole Tribe of Florida and the State of
   48  Florida.”
   49  
   50                               PART II                             
   51  
   52         LEGISLATIVE FINDINGS.—
   53         (1)The Seminole Tribe of Florida is a federally recognized
   54  tribal government that possesses sovereign powers and rights of
   55  self-government.
   56         (2)The State of Florida is a state of the United States of
   57  America that possesses the sovereign powers and rights of a
   58  state.
   59         (3)The State of Florida and the Seminole Tribe of Florida
   60  maintain a government-to-government relationship.
   61         (4)The United States Supreme Court has long recognized the
   62  right of an Indian Tribe to regulate activity on lands within
   63  its jurisdiction, but the United States Congress, through the
   64  Indian Gaming Regulatory Act, has given states a role in the
   65  conduct of tribal gaming in accordance with negotiated tribal
   66  state compacts.
   67         (5)Pursuant to the Seminole Tribe Amended Gaming
   68  Ordinance, adopted by Resolution No. C-195-06, and approved by
   69  the Chairman of the National Indian Gaming Commission on July
   70  10, 2006, hereafter referred to as the “Seminole Tribal Gaming
   71  Code,” the Seminole Tribe of Florida desires to offer the play
   72  of covered games, as defined in Part III, as a means of
   73  generating revenues for purposes authorized by the Indian Gaming
   74  Regulatory Act, including, without limitation, the support of
   75  tribal governmental programs, such as health care, housing,
   76  sewer and water projects, police, fire suppression, general
   77  assistance for tribal elders, day care for children, economic
   78  development, educational opportunities, per capita payments to
   79  tribal members, and other typical and valuable governmental
   80  services and programs for tribal members.
   81         (6)This compact is the only gaming compact between the
   82  Tribe and the state. This compact supersedes the Gaming Compact
   83  between the Tribe and the state executed on or about April 7,
   84  2010, which was subsequently ratified by the Legislature and
   85  went into effect on or about July 6, 2010.
   86         (7)It is in the best interests of the Seminole Tribe of
   87  Florida and the State of Florida for the state to enter into a
   88  compact with the Tribe that recognizes the Tribe’s right to
   89  offer certain Class III gaming and provides substantial
   90  exclusivity of such activities in conjunction with a reasonable
   91  revenue sharing arrangement between the Tribe and the state that
   92  will entitle the state to significant revenue participation.
   93  
   94                              PART III                             
   95  
   96         DEFINITIONS.—As used in this compact, the term:
   97         (1)“Annual oversight assessment” means the amount owed by
   98  the Tribe to the state for reimbursement for the actual and
   99  reasonable costs incurred by the state compliance agency to
  100  perform the monitoring functions set forth under the compact.
  101         (2)“Class II video bingo terminals” means any electronic
  102  aid to a Class II bingo game that includes a video spinning reel
  103  or mechanical spinning reel display.
  104         (3)“Class III gaming” means the forms of Class III gaming
  105  defined in 25 U.S.C. s. 2703(8) and by the regulations of the
  106  National Indian Gaming Commission, as of January 1, 2018.
  107         (4)“Commission” means the Seminole Tribal Gaming
  108  Commission, which is the tribal governmental agency that has the
  109  authority to carry out the Tribe’s regulatory and oversight
  110  responsibilities under this compact.
  111         (5)“Compact” means this Gaming Compact between the
  112  Seminole Tribe of Florida and the State of Florida.
  113         (6)“Covered game” or “covered gaming activity” means the
  114  following Class III gaming activities:
  115         (a)Slot machines, which may use spinning reels, video
  116  displays, or both, and which machines must meet all of the
  117  following requirements:
  118         1.Any mechanical or electrical contrivance, terminal that
  119  may or may not be capable of downloading slot games from a
  120  central server system, machine, or other device.
  121         2.Require, for play or operation, the insertion of a coin,
  122  bill, ticket, token, or similar object, or payment of any
  123  consideration whatsoever, including the use of any electronic
  124  payment system, except a credit card or debit card, unless state
  125  law authorizes the use of an electronic payment system that uses
  126  a credit or debit card payment, in which case the Tribe is
  127  authorized to use such payment system.
  128         3.Are available to play or operate, the play or operation
  129  of which, whether by reason of skill or application of the
  130  element of chance or both, may deliver or entitle the person or
  131  persons playing or operating the contrivance, terminal, machine,
  132  or other device to receive cash, billets, tickets, tokens, or
  133  electronic credits to be exchanged for cash or to receive
  134  merchandise or anything of value whatsoever, whether the payoff
  135  is made automatically from the machine or manually.
  136         4.Include associated equipment necessary to conduct the
  137  operation of the contrivance, terminal, machine, or other
  138  device.
  139         (b)Banking or banked card games, such as baccarat, chemin
  140  de fer, and blackjack or 21.
  141         (c)Raffles and drawings.
  142         (d)Live table games.
  143         (e) Any new game, if expressly authorized by the
  144  Legislature pursuant to legislation enacted subsequent to the
  145  effective date of this compact and lawfully conducted by any
  146  person for any purpose pursuant to such authorization.
  147         (7)“Covered game employee” or “covered employee” means an
  148  individual employed and licensed by the Tribe whose
  149  responsibilities include the rendering of services with respect
  150  to the operation, maintenance, or management of covered games,
  151  including, but not limited to, managers and assistant managers;
  152  accounting personnel; commission officers; surveillance and
  153  security personnel; cashiers, supervisors, and floor personnel;
  154  cage personnel; and any other employee whose employment duties
  155  require or authorize access to areas of the facility related to
  156  the conduct of covered games or the technical support or storage
  157  of covered game components. The term does not include the
  158  Tribe’s elected officials, provided that such individuals are
  159  not directly involved in the operation, maintenance, or
  160  management of covered games or covered games components.
  161         (8)“Documents” means books, records, electronic, magnetic,
  162  and computer media documents, and other writings and materials,
  163  copies of such documents and writings, and information contained
  164  in such documents and writings.
  165         (9)“Effective date” means the date on which the compact
  166  becomes effective pursuant to subsection (1) of Part XVI.
  167         (10)“Electronic bingo machine” means a card minding
  168  device, which may only be used in connection with a bingo game
  169  as defined in s. 849.0931(1)(a), Florida Statutes, which is
  170  certified in advance by an independent testing laboratory
  171  approved by the Division of Pari-Mutuel Wagering as a bingo aid
  172  device that meets all of the following requirements:
  173         (a)Aids a bingo game player by:
  174         1.Storing in the memory of the device not more than three
  175  bingo faces of tangible bingo cards as defined by s.
  176  849.0931(1)(b), Florida Statutes, purchased by a player.
  177         2.Comparing the numbers drawn and individually entered
  178  into the device by the player to the bingo faces previously
  179  stored in the memory of the device.
  180         3.Identifying preannounced winning bingo patterns marked
  181  or covered on the stored bingo faces.
  182         (b)Is not capable of accepting or dispensing any coins,
  183  currency, or tokens.
  184         (c)Is not capable of monitoring any bingo card face other
  185  than the faces of the tangible bingo card or cards purchased by
  186  the player for that game.
  187         (d)Is not capable of displaying or representing the game
  188  result through any means other than highlighting the winning
  189  numbers marked or covered on the bingo card face or giving an
  190  audio alert that the player’s card has a prize-winning pattern.
  191  No casino game graphics, themes, or titles, including, but not
  192  limited to, depictions of slot machine-style symbols, cards,
  193  craps, roulette, or lottery may be used.
  194         (e)Is not capable of determining the outcome of any game.
  195         (f)Does not award progressive prizes of more than $2,500.
  196         (g)Does not award prizes exceeding $1,000, other than
  197  progressive prizes not exceeding $2,500.
  198         (h)Does not contain more than one player position for
  199  playing bingo.
  200         (i)Does not contain or does not link to more than one
  201  video display.
  202         (j)Awards prizes based solely on the results of the bingo
  203  game, with no additional element of chance.
  204         (11)“Facility” means a building or buildings of the Tribe
  205  in which the covered games authorized by this compact are
  206  conducted.
  207         (12)“Guaranteed minimum compact term payment” means a
  208  minimum total payment for the guarantee payment period of $3
  209  billion, which shall include all revenue share payments during
  210  the guarantee payment period.
  211         (13) “Guarantee payment period” means the seven-year period
  212  beginning July 1, 2018, and ending June 30, 2025.
  213         (14)“Guaranteed revenue sharing cycle payment” means the
  214  payments as provided in Part XI.
  215         (15)“Historic racing machine” means an individual historic
  216  race terminal linked to a central server as part of a network
  217  based video game, where the terminals allow pari-mutuel wagering
  218  by players on the results of previously conducted horse or
  219  greyhound races, but only if the game is certified in advance by
  220  an independent testing laboratory approved by the Division of
  221  Pari-Mutuel Wagering as complying with all of the following
  222  requirements:
  223         (a)Stores all data on previously conducted horse or
  224  greyhound races in a secure format on the central server, which
  225  is located at the pari-mutuel facility.
  226         (b)Uses only horse or greyhound races that were recorded
  227  at licensed pari-mutuel facilities in the United States after
  228  January 1, 2000.
  229         (c)Offers one or more of the following three bet types on
  230  all historic racing machines: win-place-show, quinella, or tri
  231  fecta.
  232         (d)Offers one or more of the following racing types:
  233  thoroughbreds, harness, or greyhounds.
  234         (e)Does not award progressive prizes of more than $2,500.
  235         (f)Does not award prizes exceeding $1,000, other than
  236  progressive prizes not exceeding $2,500.
  237         (g)After each wager is placed, displays a video of at
  238  least the final eight seconds of the horse or greyhound race
  239  before any prize is awarded or indicated on the historic racing
  240  machine.
  241         (h)The display of the video of the horse or greyhound race
  242  occupies at least 70 percent of the historic racing machine’s
  243  video screen and does not contain and is not linked to more than
  244  one video display.
  245         (i)Does not use casino game graphics, themes, or titles,
  246  including but not limited to, depictions of slot machine-style
  247  symbols, cards, craps, roulette, lottery, or bingo.
  248         (j)Does not use video or mechanical reel displays.
  249         (k)Does not contain more than one player position for
  250  placing wagers.
  251         (l)Does not dispense coins, currency, or tokens.
  252         (m)Awards prizes solely on the results of a previously
  253  conducted horse or greyhound race with no additional element of
  254  chance.
  255         (n)Uses a random number generator to select the race from
  256  the central server to be displayed to the player and the numbers
  257  or other designations of race entrants that will be used in the
  258  various bet types for any “Quick Pick” bets. To prevent an
  259  astute player from recognizing the race based on the entrants
  260  and thus knowing the results before placing a wager, the
  261  entrants of the race may not be identified until after all
  262  wagers for that race have been placed.
  263         (16)“Indian Gaming Regulatory Act” means the Indian Gaming
  264  Regulatory Act, Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467,
  265  codified at 25 U.S.C. ss. 2701 et seq. and 18 U.S.C. ss. 1166 to
  266  1168.
  267         (17)“Indian lands” means the lands defined in 25 U.S.C. s.
  268  2703(4).
  269         (18)“Initial payment period” means the period beginning on
  270  the effective date of the compact and ending on June 30, 2018.
  271         (19) “Live table games” means dice games, such as craps,
  272  sic-bo and any similar variations thereof, and wheel games, such
  273  as roulette, big six, and any similar variations thereof, but
  274  not including any game that is authorized as a slot machine,
  275  banking or banked card game, raffle, or drawing.
  276         (20) “Lottery vending machine” means any of the following
  277  four types of machines:
  278         (a)A machine that dispenses pre-printed paper instant
  279  lottery tickets, but that does not read or reveal the results of
  280  the ticket or allow a player to redeem any ticket. The machine,
  281  or any machine or device linked to the machine, does not include
  282  or make use of video reels or mechanical reels or other video
  283  depictions of slot machine or casino game themes or titles for
  284  game play, but does not preclude the use of casino game themes
  285  or titles on such tickets or signage or advertising displays on
  286  the machines.
  287         (b)A machine that dispenses pre-determined electronic
  288  instant lottery tickets and displays an image of the ticket on a
  289  video screen on the machine, where the player touches the image
  290  of the ticket on the video screen to reveal the outcome of the
  291  ticket, provided the machine does not permit a player to redeem
  292  winnings, does not make use of video reels or mechanical reels,
  293  and does not simulate the play of any casino game, and the
  294  lottery retailer is paid the same amount as would be paid for
  295  the sale of paper instant lottery tickets.
  296         (c)A machine that dispenses a paper lottery ticket with
  297  numbers selected by the player or randomly by the machine, but
  298  does not reveal the winning numbers. Such winning numbers are
  299  selected at a subsequent time and different location through a
  300  drawing conducted by the state lottery. The machine, or any
  301  machine or device linked to the machine, does not include or
  302  make use of video reels or mechanical reels or other video
  303  depictions of slot machine or casino game themes or titles for
  304  game play. The machine is not used to redeem a winning ticket.
  305  This does not preclude the use of casino game themes, titles for
  306  signage, or advertising displays on the machine.
  307         (d) A point-of-sale system to sell tickets for draw lottery
  308  games at gasoline pumps at retail fuel stations, provided the
  309  system dispenses a paper lottery receipt after the purchaser
  310  uses a credit card or debit card to purchase the ticket;
  311  processes transactions through a platform that is certified or
  312  otherwise approved by the Florida Lottery; does not directly
  313  dispense money or permit payment of winnings at the point-of
  314  sale terminal; and does not include or make use of video reels
  315  or mechanical reels or other slot machine or casino game themes
  316  or titles.
  317         (21)“Monthly payment” means the monthly revenue share
  318  payment which the Tribe remits to the state on the 15th day of
  319  the month following each month of the revenue sharing cycle.
  320         (22)“Net revenue base” means the net win for the 12 month
  321  period immediately preceding the offering of, for public or
  322  private use, Class III or other casino-style gaming at any of
  323  the licensed pari-mutuel facilities in Broward and Miami-Dade
  324  Counties, except that if the commencement of such new gaming is
  325  made during the initial payment period, “net revenue base” means
  326  net win for the 12-month period immediately preceding this
  327  compact.
  328         (23)“Net win” means the total receipts from the play of
  329  all covered games less all prize payouts and free play or
  330  promotional credits issued by the Tribe.
  331         (24)“Pari-mutuel wagering activities” means those
  332  activities authorized on January 1, 2018, by chapter 550, which
  333  do not include any casino-style game or device that include
  334  video reels or mechanical reels or other slot machine or casino
  335  game themes or titles.
  336         (25)“Patron” means any person who is on the premises of a
  337  facility, or who enters the Tribe’s Indian lands for the purpose
  338  of playing covered games authorized by this compact.
  339         (26)“Regular payment period” means the period beginning on
  340  July 1, 2025, and terminating at the end of the term of this
  341  compact.
  342         (27)“Revenue share payment” means the periodic payment by
  343  the Tribe to the state provided for in Part XI.
  344         (28)“Revenue sharing cycle” means the annual 12-month
  345  period of the Tribe’s operation of covered games in its
  346  facilities beginning on July 1 of each fiscal year, except for
  347  during the initial payment period, when the first revenue
  348  sharing cycle begins on July 1 of the previous year, and the
  349  Tribe receives a credit for any amount paid to the state under
  350  the 2010 Compact for that revenue sharing cycle.
  351         (29)“Rules and regulations” means the rules and
  352  regulations promulgated by the commission for implementation of
  353  this compact.
  354         (30)“State” means the State of Florida.
  355         (31)“State compliance agency” means the state agency
  356  designated by the Florida Legislature that has the authority to
  357  carry out the state’s oversight responsibilities under this
  358  compact.
  359         (32)“Tribe” means the Seminole Tribe of Florida or any
  360  affiliate thereof conducting activities pursuant to this compact
  361  under the authority of the Seminole Tribe of Florida.
  362  
  363                               PART IV                             
  364  
  365         AUTHORIZATION AND LOCATION OF COVERED GAMES.—
  366         (1)The Tribe and state agree that the Tribe is authorized
  367  to operate covered games on its Indian lands, as defined in the
  368  Indian Gaming Regulatory Act, in accordance with the provisions
  369  of this compact. Nothing in the compact is intended to prohibit
  370  the Tribe from operating slot machines that employ video or
  371  mechanical displays of roulette, wheels, or other table game
  372  themes. Except for the provisions in subsection (1) of Part XI,
  373  nothing in this compact shall limit the Tribe’s right to operate
  374  any Class II gaming under the Indian Gaming Regulatory Act.
  375         (2)The Tribe is authorized to conduct covered games under
  376  this compact only at the following seven existing facilities,
  377  which may be expanded or replaced as provided in subsection (3)
  378  on Indian lands:
  379         (a)Seminole Indian Casino-Brighton in Okeechobee, FL.
  380         (b)Seminole Indian Casino-Coconut Creek in Coconut Creek,
  381  FL.
  382         (c)Seminole Indian Casino-Hollywood in Hollywood, FL.
  383         (d)Seminole Indian Casino-Immokalee in Immokalee, FL.
  384         (e)Seminole Indian Casino-Big Cypress in Clewiston, FL.
  385         (f)Seminole Hard Rock Hotel & Casino-Hollywood in
  386  Hollywood, FL.
  387         (g)Seminole Hard Rock Hotel & Casino-Tampa in Tampa, FL.
  388         (3)Any of the facilities existing on Indian lands
  389  identified in subsection (2) may be expanded or replaced by
  390  another facility on the same Indian lands with at least 60 days’
  391  advance notice to the state.
  392  
  393                               PART V                              
  394  
  395         RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR
  396  OPERATIONS.—
  397         (1)At all times during the term of this compact, the Tribe
  398  shall be responsible for all duties that are assigned to it and
  399  the commission under this compact. The Tribe shall promulgate
  400  any rules necessary to implement this compact, which, at a
  401  minimum, shall expressly include or incorporate by reference all
  402  provisions of Parts V, VI, VII, and VIII. Nothing in this
  403  compact shall be construed to affect the Tribe’s right to amend
  404  its rules, provided that any such amendment is in conformity
  405  with this compact. The state compliance agency may propose
  406  additional rules consistent with and related to the
  407  implementation of this compact to the commission at any time,
  408  and the commission shall give good faith consideration to such
  409  proposed rules and shall notify the state compliance agency of
  410  its response or action with respect to such rules.
  411         (2)All facilities shall comply with, and all covered games
  412  approved under this compact shall be operated in accordance
  413  with, the requirements set forth in this compact, including, but
  414  not limited to, the requirements set forth in subsections (3)
  415  and (4) and the Tribe’s Internal Control Policies and
  416  Procedures. In addition, all facilities and all covered games
  417  shall be operated in strict compliance with tribal internal
  418  control standards that provide a level of control that equals or
  419  exceeds those set forth in the National Indian Gaming
  420  Commission’s Minimum Internal Control Standards, 25 C.F.R. part
  421  542 (2015), even if the 2015 regulations are determined to be
  422  invalid or are subsequently withdrawn by the National Indian
  423  Gaming Commission. The Tribe may amend or supplement its
  424  internal control standards from time to time, provided that such
  425  changes continue to provide a level of control that equals or
  426  exceeds those set forth in 25 C.F.R. part 542 (2015).
  427         (3)The Tribe and the commission shall retain all documents
  428  in compliance with the requirements set forth in the Tribe’s
  429  Record Retention Policies and Procedures.
  430         (4)The Tribe shall continue and maintain its program to
  431  combat problem gambling and curtail compulsive gambling and work
  432  with the Florida Council on Compulsive Gambling or other
  433  organizations dedicated to assisting problem gamblers. The Tribe
  434  shall continue to maintain the following safeguards against
  435  problem gambling:
  436         (a)The Tribe shall provide to every new gaming employee a
  437  comprehensive training and education program designed in
  438  cooperation with the Florida Council on Compulsive Gambling or
  439  other organization dedicated to assisting problem gamblers.
  440         (b)The Tribe shall make printed materials available to
  441  patrons, which include contact information for the Florida
  442  Council on Compulsive Gambling 24-hour helpline or other hotline
  443  dedicated to assisting problem gamblers, and will work with the
  444  Florida Council on Compulsive Gambling or other organization
  445  dedicated to assisting problem gamblers to provide contact
  446  information for the Florida Council on Compulsive Gambling or
  447  other organization dedicated to assisting problem gamblers, and
  448  to provide such information on the facility’s website. The Tribe
  449  shall continue to display within the facilities all literature
  450  from the Florida Council on Compulsive Gambling or other
  451  organization dedicated to assisting problem gamblers.
  452         (c)1.The commission shall establish a list of patrons
  453  voluntarily excluded from the Tribe’s facilities, pursuant to
  454  subparagraph 3.
  455         2.The Tribe shall employ its best efforts to exclude
  456  patrons on such list from entry into its facilities; provided
  457  that nothing in this compact shall create for patrons who are
  458  excluded but gain access to the facilities, or any other person,
  459  a cause of action or claim against the state, the Tribe or the
  460  commission, or any other person, entity, or agency for failing
  461  to enforce such exclusion.
  462         3.Patrons who believe they may be compulsively playing
  463  covered games may request that their names be placed on the list
  464  of patrons voluntarily excluded from the Tribe’s facilities.
  465         (d)All covered game employees shall receive training on
  466  identifying compulsive gamblers and shall be instructed to ask
  467  such persons to leave. The facility shall make available signs
  468  bearing a toll-free help-line number and educational and
  469  informational materials at conspicuous locations and automated
  470  teller machines in each facility, which materials aim at the
  471  prevention of problem gaming and which specify where patrons may
  472  receive counseling or assistance for gambling problems. All
  473  covered games employees shall also be screened by the Tribe for
  474  compulsive gambling habits. Nothing in this subsection shall
  475  create for patrons, or any other person, a cause of action or
  476  claim against the state, the Tribe or the commission, or any
  477  other person, entity, or agency for failing to identify a patron
  478  or person who is a compulsive gambler or ask that person to
  479  leave.
  480         (e)The Tribe shall follow the rules for exclusion of
  481  patrons set forth in the Seminole Tribal Gaming Code.
  482         (f)The Tribe shall make diligent efforts to prevent
  483  underage individuals from loitering in the area of each facility
  484  where the covered games take place.
  485         (g)The Tribe shall ensure that any advertising and
  486  marketing of covered games at the facilities contains a
  487  responsible gambling message and a toll-free help-line number
  488  for problem gamblers, where practical, and that such advertising
  489  and marketing make no false or misleading claims.
  490         (5)The state may secure an annual independent audit of the
  491  conduct of covered games subject to this compact, as set forth
  492  in Part VIII.
  493         (6)The facility shall visibly display summaries of the
  494  rules for playing covered games and promotional contests and
  495  shall make available complete sets of rules upon request. The
  496  Tribe shall provide copies of all such rules to the state
  497  compliance agency within 30 calendar days after issuance or
  498  amendment.
  499         (7)The Tribe shall provide the commission and state
  500  compliance agency with a chart of the supervisory lines of
  501  authority with respect to those directly responsible for the
  502  conduct of covered games, and shall promptly notify those
  503  agencies of any material changes to the chart.
  504         (8)The Tribe shall continue to maintain proactive
  505  approaches to prevent improper alcohol sales, drunk driving,
  506  underage drinking, and underage gambling. These approaches shall
  507  involve intensive staff training, screening and certification,
  508  patron education, and the use of security personnel and
  509  surveillance equipment in order to enhance patrons’ enjoyment of
  510  the facilities and provide for patron safety.
  511         (a)Staff training includes specialized employee training
  512  in nonviolent crisis intervention, driver license verification,
  513  and detection of intoxication.
  514         (b)Patron education shall be carried out through notices
  515  transmitted on valet parking stubs, posted signs in the
  516  facilities, and in brochures.
  517         (c)Roving and fixed security officers, along with
  518  surveillance cameras, shall assist in the detection of
  519  intoxicated patrons, investigate problems, and engage with
  520  patrons to deescalate volatile situations.
  521         (d)To help prevent alcohol-related crashes, the Tribe will
  522  continue to operate the “Safe Ride Home Program,” a free taxi
  523  service.
  524         (e)The Tribe shall maintain these programs and policies in
  525  its Alcohol Beverage Control Act for the duration of the compact
  526  but may replace such programs and policies with stricter or more
  527  extensive programs and policies. The Tribe shall provide the
  528  state with written notice of any changes to the Tribe’s Alcohol
  529  Beverage Control Act, which notice shall include a copy of such
  530  changes and shall be sent on or before the effective date of the
  531  change. Nothing in this subsection shall create for patrons, or
  532  any other person, a cause of action or claim against the state,
  533  the Tribe or the commission, or any other person, entity, or
  534  agency for failing to fulfill the requirements of this
  535  subsection.
  536         (9)A person under 21 years of age may not play covered
  537  games, unless otherwise permitted by state law.
  538         (10)The Tribe may establish and operate facilities that
  539  operate covered games only on its Indian lands as defined by the
  540  Indian Gaming Regulatory Act and as specified in Part IV.
  541         (11)The commission shall keep a record of, and shall
  542  report at least quarterly to the state compliance agency, the
  543  number of covered games in each facility, by the name or type of
  544  each game and its identifying number.
  545         (12)The Tribe and the commission shall make available, to
  546  any member of the public upon request, within 10 business days,
  547  a copy of the National Indian Gaming Commission’s Minimum
  548  Internal Control Standards, 25 C.F.R. part 542 (2015), the
  549  Seminole Tribal Gaming Code, this compact, the rules of each
  550  covered game operated by the Tribe, and the administrative
  551  procedures for addressing patron tort claims under Part VI.
  552  
  553                               PART VI                             
  554  
  555         PATRON DISPUTES, WORKERS’ COMPENSATION, TORT CLAIMS; PRIZE
  556  CLAIMS; LIMITED CONSENT TO SUIT.—
  557         (1)All patron disputes involving gaming shall be resolved
  558  in accordance with the procedures established in the Seminole
  559  Tribal Gaming Code.
  560         (2)Tort claims by employees of the Tribe’s facilities will
  561  be handled pursuant to the provisions of the Tribe’s Workers’
  562  Compensation Ordinance, which shall provide workers the same or
  563  better protections as provided in state workers’ compensation
  564  laws.
  565         (3)Disputes involving employees of the Tribe’s facilities
  566  will be handled pursuant to the provisions of the Tribe’s policy
  567  for gaming employees, as set forth in the Employee Fair
  568  Treatment and Dispute Resolution Policy.
  569         (4)A patron who claims to have been injured after the
  570  effective date of the compact at one of the Tribe’s facilities
  571  in which covered games are played is required to provide written
  572  notice to the Tribe’s Risk Management Department or the
  573  facility, in a reasonable and timely manner, but no longer than
  574  three years after the date of the incident giving rise to the
  575  claimed injury, or the claim shall be forever barred.
  576         (5)The Tribe shall have 30 days to respond to a claim made
  577  by a patron. If the Tribe fails to respond within 30 days, the
  578  patron may file suit against the Tribe. When the Tribe responds
  579  to an incident alleged to have caused a patron’s injury or
  580  illness, the Tribe shall provide a claim form to the patron. The
  581  form must include the address for the Tribe’s Risk Management
  582  Department and provide notice of the Tribe’s administrative
  583  procedures for addressing patron tort claims, including notice
  584  of the relevant deadlines that may bar such claims if the
  585  Tribe’s administrative procedures are not followed. It is the
  586  patron’s responsibility to complete the form and forward the
  587  form to the Tribe’s Risk Management Department within a
  588  reasonable period of time, and in a reasonable and timely
  589  manner. Nothing herein shall interfere with any claim a patron
  590  might have arising under the Federal Tort Claim Act.
  591         (6)Upon receiving written notification of the claim, the
  592  Tribe’s Risk Management Department shall forward the
  593  notification to the Tribe’s insurance carrier. The Tribe shall
  594  use its best efforts to ensure that the insurance carrier
  595  contacts the patron within a reasonable period of time after
  596  receipt of the claim.
  597         (7)The insurance carrier shall handle the claim to
  598  conclusion. If the patron, Tribe, and insurance carrier are not
  599  able to resolve the claim in good faith within one year after
  600  the patron provided written notice to the Tribe’s Risk
  601  Management Department or the facility, the patron may bring a
  602  tort claim against the Tribe in any court of competent
  603  jurisdiction in the county in which the incident alleged to have
  604  caused injury occurred, as provided in this compact, and subject
  605  to a four-year statute of limitations, which shall begin to run
  606  from the date of the incident of the injury alleged in the
  607  claim. A patron’s notice of injury to the Tribe pursuant to
  608  subsection (4) and the fulfillment of the good faith attempt at
  609  resolution pursuant to this part are conditions precedent to
  610  filing suit.
  611         (8)For tort claims of patrons made pursuant to subsection
  612  (4), the Tribe agrees to waive its tribal sovereign immunity to
  613  the same extent as the state waives its sovereign immunity, as
  614  specified in s. 768.28(1) and (5), Florida Statutes, as such
  615  provision may be amended from time to time by the Legislature.
  616  In no event shall the Tribe be deemed to have waived its tribal
  617  immunity from suit beyond the limits set forth in s. 768.28(5),
  618  Florida Statutes. These limitations are intended to include
  619  liability for compensatory damages, costs, pre-judgment
  620  interest, and attorney fees if otherwise allowable under state
  621  law arising out of any claim brought or asserted against the
  622  Tribe, its subordinate governmental and economic units, any
  623  Tribal officials, employees, servants, or agents in their
  624  official capacities and any entity which is owned, directly or
  625  indirectly, by the Tribe. All patron tort claims brought
  626  pursuant to this provision shall be brought solely against the
  627  Tribe, as the sole party in interest.
  628         (9)Notices explaining the procedures and time limitations
  629  with respect to making a tort claim shall be prominently
  630  displayed in the facilities, posted on the Tribe’s website, and
  631  provided to any patron for whom the Tribe has notice of the
  632  injury or property damage giving rise to the tort claim. Such
  633  notices shall explain:
  634         (a)The method and places for making a tort claim,
  635  including where the patron must submit the claim.
  636         (b)That the process is the exclusive method for asserting
  637  a tort claim arising under this section against the Tribe.
  638         (c)That the Tribe and its insurance carrier have one year
  639  from the date the patron gives notice of the claim to resolve
  640  the matter, and that after that time, the patron may file suit
  641  in a court of competent jurisdiction.
  642         (d)That the exhaustion of the process is a prerequisite to
  643  filing a claim in state court.
  644         (e)That claims that fail to follow this process shall be
  645  forever barred.
  646         (10)The Tribe shall maintain an insurance policy that
  647  shall:
  648         (a)Prohibit the insurer or the Tribe from invoking tribal
  649  sovereign immunity for claims up to the limits to which the
  650  state has waived sovereign immunity as set forth in s.
  651  768.28(5), Florida Statutes, or its successor statute.
  652         (b)Include covered claims made by a patron or invitee for
  653  personal injury or property damage.
  654         (c)Permit the insurer or the Tribe to assert any statutory
  655  or common law defense other than sovereign immunity.
  656         (d)Provide that any award or judgment rendered in favor of
  657  a patron or invitee shall be satisfied solely from insurance
  658  proceeds.
  659         (11)The Tribal Council of the Seminole Tribe of Florida
  660  may, in its discretion, consider claims for compensation in
  661  excess of the limits of the Tribe’s waiver of its sovereign
  662  immunity.
  663  
  664                              PART VII                             
  665  
  666         ENFORCEMENT OF COMPACT PROVISIONS.—
  667         (1)The Tribe, the commission, and the state compliance
  668  agency, to the extent authorized by this compact, shall be
  669  responsible for regulating activities pursuant to this compact.
  670  As part of its responsibilities, the Tribe shall adopt or issue
  671  standards designed to ensure that the facilities are
  672  constructed, operated, and maintained in a manner that
  673  adequately protects the environment and public health and
  674  safety. Additionally, the Tribe and the commission shall ensure
  675  that:
  676         (a)Operation of the conduct of covered games is in strict
  677  compliance with:
  678         1.The Seminole Tribal Gaming Code.
  679         2.All rules, regulations, procedures, specifications, and
  680  standards lawfully adopted by the National Indian Gaming
  681  Commission and the commission.
  682         3.The provisions of this compact, including, but not
  683  limited to, the Tribe’s standards and rules.
  684         (b)Reasonable measures are taken to:
  685         1.Ensure the physical safety of facility patrons,
  686  employees, and any other person while in the facility.
  687         2.Prevent illegal activity at the facilities or with
  688  regard to the operation of covered games, including, but not
  689  limited to, the maintenance of employee procedures and a
  690  surveillance system.
  691         3.Ensure prompt notification is given, in accordance with
  692  applicable law, to appropriate law enforcement authorities of
  693  persons who may be involved in illegal acts.
  694         4.Ensure that the construction and maintenance of the
  695  facilities complies with the standards of the Florida Building
  696  Code, the provisions of which the Tribe has adopted as the
  697  Seminole Tribal Building Code.
  698         5.Ensure adequate emergency access plans have been
  699  prepared to ensure the health and safety of all covered game
  700  patrons.
  701         (2)All licenses for members and employees of the
  702  commission shall be issued according to the same standards and
  703  terms applicable to facility employees. The commission’s
  704  officers shall be independent of the Tribal gaming operations,
  705  and shall be supervised by and accountable only to the
  706  commission. A commission officer shall be available to the
  707  facility during all hours of operation upon reasonable notice,
  708  and shall have immediate access to any and all areas of the
  709  facility for the purpose of ensuring compliance with the
  710  provisions of this compact. The commission shall investigate any
  711  suspected or reported violation of this part and shall
  712  officially enter into its files timely written reports of
  713  investigations and any action taken thereon, and shall forward
  714  copies of such investigative reports to the state compliance
  715  agency within 30 calendar days after such filing. The scope of
  716  such reporting shall be determined by the commission and the
  717  state compliance agency as soon as practicable after the
  718  effective date of this compact. Any such violations shall be
  719  reported immediately to the commission, and the commission shall
  720  immediately forward such reports to the state compliance agency.
  721  In addition, the commission shall promptly report to the state
  722  compliance agency any such violations which it independently
  723  discovers.
  724         (3)In order to develop and foster a positive and effective
  725  relationship in the enforcement of the provisions of this
  726  compact, representatives of the commission and the state
  727  compliance agency shall meet at least annually to review past
  728  practices and examine methods to improve the regulatory scheme
  729  created by this compact. The meetings shall take place at a
  730  location mutually agreed upon by the commission and the state
  731  compliance agency. The state compliance agency, before or during
  732  such meetings, shall disclose to the commission any concerns,
  733  suspected activities, or pending matters reasonably believed to
  734  constitute violations of the compact by any person,
  735  organization, or entity, if such disclosure will not compromise
  736  the interest sought to be protected.
  737  
  738                              PART VIII                            
  739  
  740         STATE MONITORING OF COMPACT.—
  741         (1)It is the express intent of the Tribe and the state for
  742  the Tribe to regulate its own gaming activities.
  743  Notwithstanding, the state shall conduct random inspections as
  744  provided for in this part to ensure that the Tribe is operating
  745  in accordance with the terms of the compact. The state may
  746  secure an annual independent audit of the conduct of covered
  747  games subject to this compact and the Tribe shall cooperate with
  748  such audit. The audit shall:
  749         (a)Examine the covered games operated by the Tribe to
  750  ensure compliance with the Tribe’s Internal Control Policies and
  751  Procedures and any other standards, policies, or procedures
  752  adopted by the Tribe, the commission, or the National Indian
  753  Gaming Commission which govern the play of covered games.
  754         (b)Examine revenues in connection with the conduct of
  755  covered games and include only those matters necessary to verify
  756  the determination of net win and the basis and amount of the
  757  payments the Tribe is required to make to the state pursuant to
  758  Part XI and as defined by this compact.
  759         (2)A copy of the audit report for the conduct of covered
  760  games shall be submitted to the commission and the state
  761  compliance agency within 30 calendar days after completion.
  762  Representatives of the state compliance agency may, upon
  763  request, meet with the Tribe and its auditors to discuss the
  764  audit or any matters in connection therewith; provided that such
  765  discussions are limited to covered games information. The annual
  766  independent audit shall be performed by an independent firm
  767  selected by the state which has experience in auditing casino
  768  operations, subject to the consent of the Tribe, which shall not
  769  be unreasonably withheld. The Tribe shall pay for the cost of
  770  the annual independent audit.
  771         (3)As provided herein, the state compliance agency may
  772  monitor the conduct of covered games to ensure that the covered
  773  games are conducted in compliance with the provisions of this
  774  compact. In order to properly monitor the conduct of covered
  775  games, agents of the state compliance agency shall have
  776  reasonable access, without prior notice, to all public areas of
  777  the facilities related to the conduct of covered games.
  778         (a)The state compliance agency may review whether the
  779  Tribe’s facilities are in compliance with the provisions of this
  780  compact and the Tribe’s rules and regulations applicable to
  781  covered games and may advise on such issues as it deems
  782  appropriate. In the event of a dispute or disagreement between
  783  Tribal and state compliance agency regulators, the dispute or
  784  disagreement shall be resolved in accordance with the dispute
  785  resolution provisions of Part XIII.
  786         (b)In order to fulfill its oversight responsibilities, the
  787  state compliance agency may perform on a routine basis specific
  788  oversight testing procedures as set forth in paragraph (c).
  789         (c)1.The state compliance agency may inspect any covered
  790  games in operation at the facilities on a random basis, provided
  791  that such inspections may not exceed one inspection per facility
  792  per calendar month and the inspection may not exceed 16 hours
  793  spread over those two consecutive days, unless the state
  794  compliance agency determines that additional inspection hours
  795  are needed to address the issues of substantial noncompliance,
  796  provided that the state compliance agency provides the Tribe
  797  with written notification of the need for additional inspection
  798  hours and a written summary of the substantial noncompliance
  799  issues that need to be addressed during the additional
  800  inspection hours. The total number of hours of random
  801  inspections and audit reviews per year may not exceed 1,600
  802  hours. Inspection hours shall be calculated on the basis of the
  803  actual amount of time spent by the state compliance agency
  804  conducting the inspections at a facility, without accounting for
  805  a multiple for the number of state compliance agency inspectors
  806  or agents engaged in the inspection activities. The purpose of
  807  the random inspections is to confirm that the covered games
  808  function properly pursuant to the manufacturer’s technical
  809  standards and are conducted in compliance with the Tribe’s
  810  Internal Control Policies and Procedures and any other
  811  standards, policies, or procedures adopted by the Tribe, the
  812  commission, or the National Indian Gaming Commission which
  813  govern the play of covered games. The state compliance agency
  814  shall provide notice to the commission of such inspection at or
  815  before the commencement of a random inspection and a commission
  816  agent may accompany the inspection.
  817         2.For each facility, the state compliance agency may
  818  perform one annual review of the Tribe’s slot machine compliance
  819  audit.
  820         3.At least annually, the state compliance agency may meet
  821  with the Tribe’s Internal Audit Department for Gaming to review
  822  internal controls and the record of violations for each
  823  facility.
  824         (d)The state compliance agency shall cooperate with and
  825  obtain the assistance of the commission in the resolution of any
  826  conflicts in the management of the facilities, and the state and
  827  the Tribe shall make their best efforts to resolve disputes
  828  through negotiation whenever possible. Therefore, to foster a
  829  spirit of cooperation and efficiency, the state compliance
  830  agency and Tribe shall resolve disputes between the state
  831  compliance agency staff and commission regulators about the day
  832  to-day regulation of the facilities through meeting and
  833  conferring in good faith. Notwithstanding, the parties may seek
  834  other relief that may be available when circumstances require
  835  such relief. In the event of a dispute or disagreement between
  836  tribal and state compliance agency regulators, the dispute or
  837  disagreement shall be resolved in accordance with the dispute
  838  resolution provisions of Part XIII.
  839         (e)The state compliance agency shall have access to each
  840  facility during the facility’s operating hours only. No advance
  841  notice is required when the state compliance agency inspection
  842  is limited to public areas of the facility; however,
  843  representatives of the state compliance agency shall provide
  844  notice and photographic identification to the commission of
  845  their presence before beginning any such inspections.
  846         (f)The state compliance agency agents, to ensure that a
  847  commission officer is available to accompany the state
  848  compliance agency agents at all times, shall provide one hour
  849  notice and photographic identification to the commission before
  850  entering any nonpublic area of a facility. Agents of the state
  851  compliance agency shall be accompanied in nonpublic areas of the
  852  facility by a commission officer.
  853         (g)Any suspected or claimed violations of this compact or
  854  law shall be directed in writing to the commission. The state
  855  compliance agency, in conducting the functions assigned them
  856  under this compact, shall not unreasonably interfere with the
  857  functioning of any facility.
  858         (4)Subject to the provisions herein, the state compliance
  859  agency may review and request copies of documents of the
  860  facility related to its conduct of covered games during normal
  861  business hours unless otherwise allowed by the Tribe. The Tribe
  862  may not refuse said inspection and copying of such documents,
  863  provided that the inspectors do not require copies of documents
  864  in such volume that it unreasonably interferes with the normal
  865  functioning of the facilities or covered games. To the extent
  866  that the Tribe provides the state with information that the
  867  Tribe claims to be confidential and proprietary, or a trade
  868  secret, the Tribe shall clearly mark such information with the
  869  following designation: “Trade Secret, Confidential, and
  870  Proprietary.” If the state receives a request under chapter 119
  871  that would include such designated information, the state shall
  872  promptly notify the Tribe of such a request and the Tribe shall
  873  promptly notify the state about its intent to seek judicial
  874  protection from disclosure. Upon such notice from the Tribe, the
  875  state may not release the requested information until a judicial
  876  determination is made. This designation and notification
  877  procedure does not excuse the state from complying with the
  878  requirements of the state’s public records law, but is intended
  879  to provide the Tribe the opportunity to seek whatever judicial
  880  remedy it deems appropriate. Notwithstanding the foregoing
  881  procedure, the state compliance agency may provide copies of
  882  tribal documents to federal law enforcement and other state
  883  agencies or state consultants that the state deems reasonably
  884  necessary in order to conduct or complete any investigation of
  885  suspected criminal activity in connection with the Tribe’s
  886  covered games or the operation of the facilities or in order to
  887  assure the Tribe’s compliance with this compact.
  888         (5)At the completion of any state compliance agency
  889  inspection or investigation, the state compliance agency shall
  890  forward any written report thereof to the commission, containing
  891  all pertinent, nonconfidential, nonproprietary information
  892  regarding any violation of applicable laws or this compact which
  893  was discovered during the inspection or investigation unless
  894  disclosure thereof would adversely impact an investigation of
  895  suspected criminal activity. Nothing herein prevents the state
  896  compliance agency from contacting tribal or federal law
  897  enforcement authorities for suspected criminal wrongdoing
  898  involving the commission.
  899         (6)Except as expressly provided in this compact, nothing
  900  in this compact shall be deemed to authorize the state to
  901  regulate the Tribe’s government, including the commission, or to
  902  interfere in any way with the Tribe’s selection of its
  903  governmental officers, including members of the commission.
  904  
  905                               PART IX                             
  906  
  907         JURISDICTION.—The obligations and rights of the state and
  908  the Tribe under this compact are contractual in nature and are
  909  to be construed in accordance with the laws of the state. This
  910  compact does not alter tribal, federal, or state civil
  911  adjudicatory or criminal jurisdiction in any way.
  912  
  913                               PART X                              
  914  
  915         LICENSING.—The Tribe and the commission shall comply with
  916  the licensing and hearing requirements set forth in 25 C.F.R.
  917  parts 556 and 558, as well as the applicable licensing and
  918  hearing requirements set forth in Articles IV, V, and VI of the
  919  Seminole Tribal Gaming Code. The commission shall notify the
  920  state compliance agency of any disciplinary hearings or
  921  revocation or suspension of licenses.
  922  
  923                               PART XI                             
  924  
  925         PAYMENTS TO THE STATE OF FLORIDA.—
  926         (1)The parties acknowledge and recognize that this compact
  927  provides the Tribe with partial but substantial exclusivity and
  928  other valuable consideration consistent with the goals of the
  929  Indian Gaming Regulatory Act, including special opportunities
  930  for tribal economic development through gaming within the
  931  external boundaries of the state with respect to the play of
  932  covered games. In consideration thereof, the Tribe covenants and
  933  agrees, subject to the conditions agreed upon in Part XII, to
  934  make payments to the state derived from net win as set forth in
  935  subsections (2) and (7). The Tribe further agrees that it will
  936  not purchase or lease any new Class II video bingo terminals or
  937  their equivalents for use at its facilities after the effective
  938  date of this compact.
  939         (2)The Tribe shall make periodic revenue share payments to
  940  the state derived from net win as set forth in this subsection,
  941  and any such payments shall be made to the state via electronic
  942  funds transfer. Of the amounts paid by the Tribe to the state,
  943  three percent shall be distributed to local governments,
  944  including both counties and municipalities, in the state
  945  affected by the Tribe’s operation of covered games. Revenue
  946  share payments by the Tribe to the state shall be calculated as
  947  follows:
  948         (a)During the initial payment period, the Tribe agrees to
  949  pay the state a revenue share payment in accordance with this
  950  subparagraph.
  951         1.13 percent of all amounts up to $2 billion of net win
  952  received by the Tribe from the operation and play of covered
  953  games during each revenue sharing cycle;
  954         2.17.5 percent of all amounts greater than $2 billion up
  955  to and including $3.5 billion of net win received by the Tribe
  956  from the operation and play of covered games during each revenue
  957  sharing cycle;
  958         3.20 percent of all amounts greater than $3.5 billion up
  959  to and including $4 billion of net win received by the Tribe
  960  from the operation and play of covered games during each revenue
  961  sharing cycle;
  962         4.22.5 percent of all amounts greater than $4 billion up
  963  to and including $4.5 billion of net win received by the Tribe
  964  from the operation and play of covered games during each revenue
  965  sharing cycle; or
  966         5.25 percent of all amounts greater than $4.5 billion of
  967  net win received by the Tribe from the operation and play of
  968  covered games during each revenue sharing cycle.
  969         (b)During the guarantee payment period, the Tribe agrees
  970  to make fixed payments in accordance with this paragraph. In
  971  addition, within 90 days after the end of the guarantee payment
  972  period, the Tribe shall make an additional payment to the state
  973  equal to the amount above $3 billion, if any, that would have
  974  been owed by the Tribe to the state had the percentages set
  975  forth in paragraph (c) been applicable during the guarantee
  976  payment period.
  977         1.A payment of $325 million during the first revenue
  978  sharing cycle;
  979         2.A payment of $350 million during the second revenue
  980  sharing cycle;
  981         3.A payment of $375 million during the third revenue
  982  sharing cycle;
  983         4.A payment of $425 million during the fourth revenue
  984  sharing cycle;
  985         5.A payment of $475 million during the fifth revenue
  986  sharing cycle;
  987         6.A payment of $500 million during the sixth revenue
  988  sharing cycle; and
  989         7.A payment of $550 million during the seventh revenue
  990  sharing cycle.
  991         (c)During the regular payment period, the Tribe agrees to
  992  pay a revenue share payment, for each revenue sharing cycle, to
  993  the state equal to the amount calculated in accordance with this
  994  paragraph.
  995         1.13 percent of all amounts up to $2 billion of net win
  996  received by the Tribe from the operation and play of covered
  997  games during each revenue sharing cycle;
  998         2.17.5 percent of all amounts greater than $2 billion up
  999  to and including $3.5 billion of net win received by the Tribe
 1000  from the operation and play of covered games during each revenue
 1001  sharing cycle;
 1002         3.20 percent of all amounts greater than $3.5 billion up
 1003  to and including $4 billion of net win received by the Tribe
 1004  from the operation and play of covered games during each revenue
 1005  sharing cycle;
 1006         4.22.5 percent of all amounts greater than $4 billion up
 1007  to and including $4.5 billion of net win received by the Tribe
 1008  from the operation and play of covered games during each revenue
 1009  sharing cycle; or
 1010         5.25 percent of all amounts greater than $4.5 billion of
 1011  net win received by the Tribe from the operation and play of
 1012  covered games during each revenue sharing cycle.
 1013         (3)The Tribe shall remit monthly payments as follows:
 1014         (a)On or before the 15th day of the month following each
 1015  month of the revenue sharing cycle, the Tribe will remit to the
 1016  state or its assignee the monthly payment. For purposes of this
 1017  section, the monthly payment shall be 8.3333 percent of the
 1018  estimated revenue share payment to be paid by the Tribe during
 1019  such revenue sharing cycle.
 1020         (b)The Tribe shall make available to the state at the time
 1021  of the monthly payment the basis for the calculation of the
 1022  payment.
 1023         (c)The Tribe shall, on a monthly basis, reconcile the
 1024  calculation of the estimated revenue share payment based on the
 1025  Tribe’s unaudited financial statements related to covered games.
 1026         (4)The Tribe shall have an audit conducted as follows:
 1027         (a)On or before the 45th day after the third month, sixth
 1028  month, ninth month, and twelfth month of each revenue sharing
 1029  cycle, provided that the 12-month period does not coincide with
 1030  the Tribe’s fiscal year end date as indicated in paragraph (c),
 1031  the Tribe shall provide the state with an audit report by its
 1032  independent auditors as to the annual revenue share calculation.
 1033         (b)For each quarter within revenue sharing cycle, the
 1034  Tribe shall engage its independent auditors to conduct a review
 1035  of the unaudited net revenue from covered games. On or before
 1036  the 120th day after the end of the Tribe’s fiscal year, the
 1037  Tribe shall require its independent auditors to provide an audit
 1038  report with respect to net win for covered games and the related
 1039  payment of the annual revenue share.
 1040         (c)If the twelfth month of the revenue sharing cycle does
 1041  not coincide with the Tribe’s fiscal year, the Tribe shall
 1042  deduct net win from covered games for any of the months outside
 1043  of the revenue sharing cycle and include net win from covered
 1044  games for those months outside of the Tribe’s audit period but
 1045  within the revenue sharing cycle, before issuing the audit
 1046  report.
 1047         (d)No later than 30 calendar days after the day the audit
 1048  report is issued, the Tribe shall remit to the state any
 1049  underpayment of the annual revenue share, and the state shall
 1050  either reimburse to the Tribe any overpayment of the annual
 1051  revenue share or authorize the overpayment to be deducted from
 1052  the next successive monthly payment or payments.
 1053         (5)If, after any change in state law to affirmatively
 1054  allow internet or online gaming, or any functionally equivalent
 1055  remote gaming system that permits a person to play from home or
 1056  any other location that is remote from a casino or other
 1057  commercial gaming facility, but excluding any fantasy contest
 1058  conducted pursuant to s. 546.13, the Tribe’s net win from the
 1059  operation of covered games at all of its facilities combined
 1060  drops more than five percent below its net win from the previous
 1061  12-month period, the Tribe shall no longer be required to make
 1062  payments to the state based on the guaranteed minimum compact
 1063  term payment and shall not be required to make the guaranteed
 1064  minimum compact term payment. However, the Tribe shall continue
 1065  to make payments based on the percentage revenue share amount.
 1066  The Tribe shall resume making the guaranteed minimum compact
 1067  term payment for any subsequent revenue sharing cycle in which
 1068  its net win rises above the level described in this subsection.
 1069  This subsection does not apply if:
 1070         (a)The decline in net win is due to acts of God, war,
 1071  terrorism, fires, floods, or accidents causing damage to or
 1072  destruction of one or more of its facilities or property
 1073  necessary to operate the facility of facilities; or
 1074         (b)The Tribe offers internet or online gaming or any
 1075  functionally equivalent remote gaming system that permits a
 1076  person to game from home or any other location that is remote
 1077  from any of the Tribe’s facilities, as authorized by law.
 1078         (6)The annual oversight assessment, which shall not exceed
 1079  $250,000 per year, indexed for inflation as determined by the
 1080  Consumer Price Index, shall be determined and paid in quarterly
 1081  installments within 30 calendar days after receipt by the Tribe
 1082  of an invoice from the state compliance agency. The Tribe
 1083  reserves the right to audit the invoices on an annual basis, a
 1084  copy of which will be provided to the state compliance agency,
 1085  and any discrepancies found therein shall be reconciled within
 1086  45 calendar days after receipt of the audit by the state
 1087  compliance agency.
 1088         (7)The Tribe shall make an annual donation to the Florida
 1089  Council on Compulsive Gaming as an assignee of the state in an
 1090  amount not less than $250,000 per facility.
 1091         (8)Except as expressly provided in this part, nothing in
 1092  this compact shall be deemed to require the Tribe to make
 1093  payments of any kind to the state or any of its agencies.
 1094  
 1095                              PART XII                             
 1096  
 1097         REDUCTION OF TRIBAL PAYMENTS BECAUSE OF LOSS OF EXCLUSIVITY
 1098  OR OTHER CHANGES IN STATE LAW.—The intent of this compact is to
 1099  provide the Tribe with the right to operate covered games on an
 1100  exclusive basis throughout the state, subject to the exceptions
 1101  and provisions in this part.
 1102         (1)For purposes of this part, the terms “Class III gaming”
 1103  or “other casino-style gaming” include, but are not limited to,
 1104  slot machines, electronically assisted bingo, electronically
 1105  assisted pull-tab games, noncard table games, video lottery
 1106  terminals, or any similar games, whether or not such games are
 1107  determined through the use of a random number generator. For the
 1108  purposes of this part, the terms “Class III gaming” and “other
 1109  casino-style gaming” do not include fantasy contests conducted
 1110  pursuant to s. 546.13 or designated player games of poker
 1111  authorized pursuant to s. 849.086, as those statutes are in
 1112  effect on January 1, 2019.
 1113         (a)If, after January 1, 2019, state law is amended,
 1114  implemented, or interpreted to allow the operation of Class III
 1115  gaming or other casino-style gaming at any location under the
 1116  jurisdiction of the state that was not in operation as of
 1117  January 1, 2019, or a new form of Class III gaming or other
 1118  casino-style gaming that was not in operation as of January 1,
 1119  2019, and such gaming is offered to the public as a result of
 1120  the amendment, implementation, or interpretation, the Tribe, no
 1121  fewer than 30 days after the commencement of such new gaming or
 1122  90 days after the state’s receipt of written notice from the
 1123  Tribe pursuant to paragraph (b), whichever occurs later, may
 1124  elect to begin making the affected portion of its payments due
 1125  to the state pursuant to subsections (2) and (7) of Part XI,
 1126  into an escrow account.
 1127         (b)In order to exercise the provisions of paragraph (a),
 1128  the Tribe must first notify the state, within 90 days after such
 1129  amendment, implementation, or interpretation of state law, of
 1130  the Tribe’s objections to such action or interpretation and
 1131  further specify the basis for the Tribe’s contention that such
 1132  action or interpretation infringes upon the substantial
 1133  exclusivity afforded under this compact. As part of its written
 1134  notice, the Tribe must also indicate, if applicable, its
 1135  intention to begin making the affected portion of its payments
 1136  due to the state into an escrow account.
 1137         (c)Upon receipt of written notice from the Tribe, the
 1138  state may elect to:
 1139         1.Invoke the dispute resolution provisions of Part XIII to
 1140  determine whether the Tribe’s contention is well-founded. In
 1141  such proceeding, the Tribe carries the burden of proof and
 1142  persuasion. The pendency of such proceeding tolls the time
 1143  periods set forth in paragraph (1)(a) of Part XII for the
 1144  duration of the dispute or litigation; or
 1145         2.Seek through enforcement action, legislation, or other
 1146  means to stop the conduct of such new games.
 1147         (d)1.If, within 15 months following the state’s receipt of
 1148  written notice from the Tribe, the Tribe’s contention is deemed
 1149  not to be well-founded at the conclusion of dispute resolution
 1150  or new gaming is made illegal and is halted, then all funds
 1151  being held in the escrow account shall be released to the state
 1152  and all further payments due to the state pursuant to
 1153  subsections (2) and (7) of Part XI shall promptly resume.
 1154         2.If, after 15 months following the state’s receipt of
 1155  written notice from the Tribe, the Tribe’s contention is deemed
 1156  to be well-founded at the conclusion of dispute resolution and
 1157  such gaming is not made illegal and halted, then all funds being
 1158  held in escrow shall be returned to the Tribe and all further
 1159  payments due to the state pursuant to subsections (2) and (7) of
 1160  Part XI shall cease or be reduced as provided in subsection (2)
 1161  until such gaming is no longer operated, in which event the
 1162  payments shall promptly resume.
 1163         (2)The following are exceptions to the exclusivity
 1164  provisions of subsection (1):
 1165         (a)Any Class III gaming authorized by a compact between
 1166  the state and any other federally recognized tribe pursuant to
 1167  Indian Gaming Regulatory Act, provided that the tribe has land
 1168  in federal trust in the state as of January 1, 2018.
 1169         (b)The operation of slot machines, which does not include
 1170  any game played with tangible playing cards, at:
 1171         1. Each of the four currently operating licensed pari
 1172  mutuel facilities in Broward County and the four currently
 1173  operating licensed pari-mutuel facilities in Miami-Dade County,
 1174  whether or not currently operating slot machines, provided that
 1175  such licenses are not transferred or otherwise used to move or
 1176  operate such slot machines at any other location; or
 1177         2. Licensed pari-mutuel facilities in counties, other than
 1178  Broward County or Miami-Dade County, which have been authorized
 1179  by referendum in each of those counties after January 1, 2012,
 1180  and on or before September 1, 2018, pursuant to state law as of
 1181  January 1, 2019.
 1182         (c)1.If state law is amended to allow for the play of any
 1183  additional type of Class III or other casino-style gaming at any
 1184  of the presently operating licensed pari-mutuel facilities in
 1185  Broward and Miami-Dade Counties, the Tribe may be entitled to a
 1186  reduction in the revenue sharing payment as described in
 1187  subparagraph 2.
 1188         2.If the Tribe’s annual net win from its facilities
 1189  located in Broward County for the 12 month period after the
 1190  gaming specified in subparagraph 1. begins to be offered for
 1191  public or private use is less than the net revenue base, the
 1192  revenue share payments due to the state, pursuant to paragraph
 1193  (2)(b) of Part XI, for the next revenue sharing cycle and future
 1194  revenue sharing cycles shall be calculated by reducing the
 1195  Tribe’s payment on revenue generated from its facilities in
 1196  Broward County by 50 percent of that reduction in annual net win
 1197  from its facilities in Broward County. This paragraph does not
 1198  apply if the decline in net win is due to acts of God, war,
 1199  terrorism, fires, floods, or accidents causing damage to or
 1200  destruction of one or more of its facilities or property
 1201  necessary to operate the facility or facilities.
 1202         3.If the Tribe’s annual net win from its facilities
 1203  located in Broward County subsequently equals or exceeds the net
 1204  revenue base, then the Tribe’s payments due to the state
 1205  pursuant to paragraph (2)(b) of Part XI shall again be
 1206  calculated without any reduction, but may be reduced again under
 1207  the provisions set forth in subparagraph 2.
 1208         (d)If state law is amended to allow the play of Class III
 1209  gaming or other casino-style gaming, as defined in this part, at
 1210  any location in Miami-Dade County or Broward County under the
 1211  jurisdiction of the state that is not presently licensed for the
 1212  play of such games at such locations, other than those
 1213  facilities set forth in paragraph (c) and this paragraph, and
 1214  such games were not in play as of January 1, 2018, and such
 1215  gaming begins to be offered for public or private use, the
 1216  payments due the state pursuant to subparagraph (c)2., shall be
 1217  calculated by excluding the net win from the Tribe’s facilities
 1218  in Broward County.
 1219         (e)The operation of a combined total of not more than 350
 1220  historic racing machines, connected to a central server at that
 1221  facility, and electronic bingo machines at each pari-mutuel
 1222  facility licensed as of January 1, 2018, and not located in
 1223  either Broward County or Miami-Dade County.
 1224         (f)The operation of pari-mutuel wagering activities at
 1225  pari-mutuel facilities licensed by the state.
 1226         (g)The operation by the Department of the Lottery of those
 1227  types of lottery games authorized under chapter 24 as of January
 1228  1, 2018, but not including any player-activated or operated
 1229  machine or device other than a lottery vending machine or any
 1230  banked or banking card or table game. However, not more than ten
 1231  lottery vending machines may be installed at any facility or
 1232  location and no lottery vending machine that dispenses
 1233  electronic instant tickets may be installed at any licensed
 1234  pari-mutuel facility.
 1235         (h) The operation of games of poker, including designated
 1236  player games of poker, as authorized by chapter 849 as of
 1237  January 1, 2019.
 1238         (i) The operation of games permitted by chapters 546 and
 1239  849, Florida Statutes, as of January 1, 2019.
 1240         (j) The following events shall not trigger any remedy under
 1241  this compact and do not affect the exclusivity provisions of
 1242  this compact:
 1243         1. Any change to the tax rate paid to the state by the
 1244  licensed pari-mutuel permitholders for the operation of slot
 1245  machines, provided the effective tax rate is not less than 25
 1246  percent. If the effective tax rate is less than 25 percent, then
 1247  the Tribe shall be relieved of its obligations to make the
 1248  guaranteed minimum compact term payment and any further
 1249  guaranteed revenue sharing cycle payment, but instead shall make
 1250  payments to the state for all future revenue sharing cycles
 1251  based on the percentage payments set forth in paragraph (2)(c)
 1252  of Part XI, but shall be permitted to exclude all revenue
 1253  generated by slot machines at its facilities in Broward County;
 1254  and
 1255         2. Any change in state law that removes the requirement for
 1256  pari-mutuel permitholders to conduct performances of live races
 1257  or games in order to operate other authorized gaming activities.
 1258         (3)To the extent that the exclusivity provisions of this
 1259  part are breached or otherwise violated and the Tribe’s ongoing
 1260  payment obligations to the state pursuant to subsections (2) and
 1261  (7) of Part XI cease, any outstanding payments that would have
 1262  been due the state from the Tribe’s facilities before the breach
 1263  or violation shall be made within 30 business days after the
 1264  breach or violation.
 1265         (4)The breach of this part’s exclusivity provisions and
 1266  the cessation of payments pursuant to subsections (2) and (7) of
 1267  Part XI shall not excuse the Tribe from continuing to comply
 1268  with all other provisions of this compact, including continuing
 1269  to pay the state the annual oversight assessment as set forth in
 1270  subsection (6) of Part XI.
 1271  
 1272                              PART XIII                            
 1273  
 1274         DISPUTE RESOLUTION.—In the event that the Tribe or State
 1275  believes that the other party has failed to comply with any
 1276  requirements of this compact, or in the event of any dispute
 1277  hereunder, including, but not limited to, a dispute over the
 1278  proper interpretation of the terms and conditions of this
 1279  compact, the goal of the parties is to resolve all disputes
 1280  amicably and voluntarily whenever possible. In pursuit of this
 1281  goal, the following procedures may be invoked:
 1282         (1)A party asserting noncompliance or seeking an
 1283  interpretation of this compact first shall serve written notice
 1284  on the other party. The notice shall identify the specific
 1285  compact provision alleged to have been violated or in dispute
 1286  and shall specify in detail the asserting party’s contention and
 1287  any factual basis for the claim. Representatives of the Tribe
 1288  and state shall meet within 30 calendar days after receipt of
 1289  notice in an effort to resolve the dispute, unless they mutually
 1290  agree to extend this period.
 1291         (2)A party asserting noncompliance or seeking an
 1292  interpretation of this compact under this part shall be deemed
 1293  to have certified that to the best of the party’s knowledge,
 1294  information, and belief formed after reasonable inquiry, the
 1295  claim of noncompliance or the request for interpretation of this
 1296  compact is warranted and made in good faith and not for any
 1297  improper purpose, such as to harass or to cause unnecessary
 1298  delay or the needless incurring of the cost of resolving the
 1299  dispute.
 1300         (3)If the parties are unable to resolve a dispute through
 1301  the process specified in subsections (1) and (2), either party
 1302  may call for mediation under the Commercial Mediation Procedures
 1303  of the American Arbitration Association or any successor
 1304  procedures, provided that such mediation does not last more than
 1305  60 calendar days, unless an extension to this time limit is
 1306  negotiated by the parties. Only matters arising under the terms
 1307  of this compact may be available for resolution through
 1308  mediation. If the parties are unable to resolve a dispute
 1309  through the process specified in this part, notwithstanding any
 1310  other provision of law, either party may bring an action in a
 1311  United States District Court having venue regarding a dispute
 1312  arising under this compact. If the court declines to exercise
 1313  jurisdiction, or federal precedent exists that holds that the
 1314  court would not have jurisdiction over such a dispute, either
 1315  party may bring the action in the appropriate court of the
 1316  Seventeenth Judicial Circuit in Broward County, Florida. The
 1317  parties are entitled to all rights of appeal permitted by law in
 1318  the court system in which the action is brought.
 1319         (4)For purposes of actions based on disputes between the
 1320  state and the Tribe that arise under this compact and the
 1321  enforcement of any judgment resulting from such action, the
 1322  Tribe and the state each expressly waive the right to assert
 1323  sovereign immunity from suit and from enforcement of any ensuing
 1324  judgment, and further consent to be sued in federal or state
 1325  court, including the right of appeal specified above, as the
 1326  case may be, provided that:
 1327         (a)The dispute is limited solely to issues arising under
 1328  this compact.
 1329         (b)There is no claim for monetary damages, except that
 1330  payment of any money required by the terms of this compact, as
 1331  well as injunctive relief or specific performance enforcing a
 1332  provision of this compact requiring the payment of money to the
 1333  state may be sought.
 1334         (c)Nothing herein shall be construed to constitute a
 1335  waiver of the sovereign immunity of the Tribe with respect to
 1336  any third party that is made a party or intervenes as a party to
 1337  the action. In the event that intervention, joinder, or other
 1338  participation by any additional party in any action between the
 1339  state and the Tribe would result in the waiver of the Tribe’s
 1340  sovereign immunity as to that additional party, the waiver of
 1341  the Tribe may be revoked.
 1342         (5)The state may not be precluded from pursuing any
 1343  mediation or judicial remedy against the Tribe on the grounds
 1344  that the state has failed to exhaust its Tribal administrative
 1345  remedies.
 1346         (6)Notwithstanding any other provision of this part, any
 1347  failure of the Tribe to remit the payments pursuant to the terms
 1348  of Part XI entitles the state to seek injunctive relief in
 1349  federal or state court, at the state’s election, to compel the
 1350  payments after the dispute resolution process in subsections (1)
 1351  and (2) is exhausted.
 1352  
 1353                              PART XIV                             
 1354  
 1355         CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL.—
 1356         (1)Each provision of this compact shall stand separate and
 1357  independent of every other provision. In the event that a
 1358  federal district court in Florida or other court of competent
 1359  jurisdiction shall find any provision of this compact to be
 1360  invalid, the remaining provisions shall remain in full force and
 1361  effect, provided that severing the invalidated provision does
 1362  not undermine the overall intent of the parties in entering into
 1363  this compact. However, if subsection (6) of Part III, Part XI,
 1364  or Part XII are held by a court of competent jurisdiction to be
 1365  invalid, this compact will become null and void.
 1366         (2)It is understood that Part XII, which provides for a
 1367  cessation of the payments to the state under Part XI, does not
 1368  create any duty on the state but only a remedy for the Tribe if
 1369  gaming under state jurisdiction is expanded.
 1370         (3)This compact is intended to meet the requirements of
 1371  the Indian Gaming Regulatory Act as it reads on the effective
 1372  date of this compact, and where reference is made to the Indian
 1373  Gaming Regulatory Act, or to an implementing regulation thereof,
 1374  the reference is deemed to have been incorporated into this
 1375  document. Subsequent changes to the Indian Gaming Regulatory Act
 1376  that diminish the rights of the state or Tribe may not be
 1377  applied retroactively to alter the terms of this compact, except
 1378  to the extent that federal law validly mandates that retroactive
 1379  application without the respective consent of the state or the
 1380  Tribe. In the event that a subsequent change in the Indian
 1381  Gaming Regulatory Act, or to an implementing regulation thereof,
 1382  mandates retroactive application without the respective consent
 1383  of the state or the Tribe, the parties agree that this compact
 1384  is voidable by either party if the subsequent change materially
 1385  alters the provisions in the compact relating to the play of
 1386  covered games, revenue sharing payments, suspension or reduction
 1387  of payments, or exclusivity.
 1388         (4)Neither the presence of language that is not included
 1389  in this compact, nor the absence in this compact of language
 1390  that is present in another state-tribal compact shall be a
 1391  factor in construing the terms of this compact.
 1392         (5)The Tribe and the state shall defend the validity of
 1393  this compact.
 1394         (6)The parties shall cooperate in seeking approval of this
 1395  compact from the Secretary of the Department of the Interior.
 1396  
 1397                               PART XV                             
 1398  
 1399         NOTICES.—All notices required under this compact shall be
 1400  given by certified mail, return receipt requested, commercial
 1401  overnight courier service, or personal delivery, to the
 1402  Governor, the President of the Senate, the Speaker of the House
 1403  of Representatives, and the Chairman and General Counsel of the
 1404  Seminole Tribe of Florida.
 1405  
 1406                              PART XVI                             
 1407  
 1408         EFFECTIVE DATE AND TERM.—
 1409         (1)This compact, if identical to the version ratified by
 1410  the Legislature in s. 285.710(3)(c), Florida Statutes, in 2018,
 1411  shall become effective upon its approval as a tribal-state
 1412  compact within the meaning of the Indian Gaming Regulatory Act
 1413  either by action of the Secretary of the Department of the
 1414  Interior or by operation of law under 25 U.S.C. s. 2710(d)(8)
 1415  upon publication of a notice of approval in the Federal Register
 1416  under 25 U.S.C. s. 2710(d)(8)(D).
 1417         (2)This compact shall have a term of twenty-two years
 1418  beginning on the first day of the month following the month in
 1419  which the compact becomes effective under subsection (1).
 1420         (3)The Tribe’s authorization to offer covered games under
 1421  this compact shall automatically terminate twenty-two years
 1422  after the effective date unless renewed by an affirmative act of
 1423  the Legislature.
 1424  
 1425                              PART XVII                            
 1426  
 1427         AMENDMENT OF COMPACT AND REFERENCES.—
 1428         (1)Amendment of this compact may only be made by written
 1429  agreement of the parties, subject to approval by the Secretary
 1430  of the Department of the Interior, either by publication of the
 1431  notice of approval in the Federal Register or by operation of
 1432  law under 25 U.S.C. s. 2710(d)(8).
 1433         (2)Legislative ratification is required for any amendment
 1434  to the compact that alters the provisions relating to covered
 1435  games, the amount of revenue sharing payments, suspension or
 1436  reduction in payments, or exclusivity.
 1437         (3)Changes in the provisions of tribal ordinances,
 1438  regulations, and procedures referenced in this compact may be
 1439  made by the Tribe with 30 days’ advance notice to the state. If
 1440  the state has an objection to any change to the tribal
 1441  ordinance, regulation, or procedure which is the subject of the
 1442  notice on the ground that its adoption would be a violation of
 1443  the Tribe’s obligations under this compact, the state may invoke
 1444  the dispute resolution provisions provided in Part XIII.
 1445  
 1446                             PART XVIII                            
 1447  
 1448         MISCELLANEOUS.—
 1449         (1)Except to the extent expressly provided in this
 1450  compact, this compact is not intended to, and shall not be
 1451  construed to, create any right on the part of a third party to
 1452  bring an action to enforce any of its terms.
 1453         (2)If, after the effective date of this compact, the state
 1454  enters into a compact with any other Tribe that contains more
 1455  favorable terms with respect to the provisions of this Compact
 1456  and the Secretary of the Department of the Interior approves
 1457  such compact, either by publication of the notice of approval in
 1458  the Federal Register or by operation of law under 25 U.S.C. s.
 1459  2710(d)(8), upon tribal notice to the state and the Secretary,
 1460  this compact shall be deemed amended to contain the more
 1461  favorable terms, unless the state objects to the change and can
 1462  demonstrate, in a proceeding commenced under Part XIII, that the
 1463  terms in question are not more favorable.
 1464         (3)Upon the occurrence of certain events beyond the
 1465  Tribe’s control, including acts of God, war, terrorism, fires,
 1466  floods, or accidents causing damage to or destruction of one or
 1467  more of its facilities or property necessary to operate the
 1468  facility or facilities, the Tribe’s obligation to pay the
 1469  guaranteed minimum compact term payment described in Part XI
 1470  shall be reduced pro rata to reflect the percentage of the total
 1471  net win lost to the Tribe from the impacted facility or
 1472  facilities and the net win specified under subsection (2) of
 1473  Part XII for purposes of determining whether the Tribe’s
 1474  payments described in Part XI shall cease, shall be reduced pro
 1475  rata to reflect the percentage of the total net win lost to the
 1476  Tribe from the impacted facility or facilities. The foregoing
 1477  shall not excuse any obligations of the Tribe to make payments
 1478  to the state as and when required hereunder or in any related
 1479  document or agreement.
 1480         (4)The Tribe and the state recognize that opportunities to
 1481  engage in gaming in smoke-free or reduced-smoke environments
 1482  provides both health and other benefits to patrons, and the
 1483  Tribe has instituted a nonsmoking section at its Seminole Hard
 1484  Rock Hotel & Casino-Hollywood Facility. As part of its
 1485  continuing commitment to this issue, the Tribe shall:
 1486         (a)Install and utilize a ventilation system at all new
 1487  construction at its facilities, which system exhausts tobacco
 1488  smoke to the extent reasonably feasible under existing state-of
 1489  the-art technology.
 1490         (b)Designate a smoke-free area for slot machines at all
 1491  new construction at its facilities.
 1492         (c)Install nonsmoking, vented tables for table games
 1493  installed in its facilities sufficient to reasonably respond to
 1494  demand for such tables.
 1495         (d) Designate a nonsmoking area for gaming within all of
 1496  its facilities within five years after the effective date of the
 1497  compact.
 1498         (5)The annual average minimum pay-out of all slot machines
 1499  in each facility may not be less than 85 percent.
 1500         (6)Nothing in this compact shall alter any of the existing
 1501  memoranda of understanding, contracts, or other agreements
 1502  entered into between the Tribe and any other federal, state, or
 1503  local governmental entity.
 1504         (7)The Tribe currently has, as set forth in its Employee
 1505  Fair Treatment and Dispute Resolution Policy, and agrees to
 1506  maintain, standards that are comparable to the standards
 1507  provided in federal laws and state laws forbidding employers
 1508  from discrimination in connection with the employment of persons
 1509  working at the facilities on the basis of race, color, religion,
 1510  national origin, gender, age, disability, or marital status.
 1511  Nothing herein shall preclude the Tribe from giving preference
 1512  in employment, promotion, seniority, lay-offs, or retention to
 1513  members of the Tribe and other federally recognized tribes.
 1514         (8)The Tribe shall, with respect to any facility where
 1515  covered games are played, adopt and comply with tribal
 1516  requirements that meet the same minimum state requirements
 1517  applicable to businesses in the state with respect to
 1518  environmental and building standards.
 1519  
 1520                              PART XIX                             
 1521  
 1522         EXECUTION.—The Governor of the State of Florida affirms
 1523  that he has authority to act for the state in this matter and
 1524  that, provided that this compact is identical to the compact
 1525  ratified by the Legislature pursuant to s. 285.710(3)(c),
 1526  Florida Statutes, no further action by the state or any state
 1527  official is necessary for this compact to take effect upon
 1528  federal approval by action of the Secretary of the Department of
 1529  the Interior or by operation of law under 25 U.S.C. s.
 1530  2710(d)(8) by publication of the notice of approval in the
 1531  Federal Register. The Governor affirms that he will proceed with
 1532  obtaining such federal approval and take all other appropriate
 1533  action to effectuate the purposes and intent of this Compact.
 1534  The undersigned Chairman of the Tribal Council of the Seminole
 1535  Tribe of Florida affirms that he is duly authorized and has the
 1536  authority to execute this Compact on behalf of the Tribe. The
 1537  Chairman also affirms that he will assist in obtaining federal
 1538  approval and take all other appropriate action to effectuate the
 1539  purposes and intent of this Compact.
 1540         Section 2. Subsection (4) of section 285.712, Florida
 1541  Statutes, is amended to read:
 1542         285.712 Tribal-state gaming compacts.—
 1543         (4) Upon execution receipt of an act ratifying a tribal
 1544  state compact entered pursuant to s. 285.710(3)(b), the Governor
 1545  shall provide a copy to the Secretary of State who shall forward
 1546  a copy of the executed compact and the ratifying act to the
 1547  United States Secretary of the Interior for his or her review
 1548  and approval, in accordance with 25 U.S.C. s. 2710(d)(8)
 1549  2710(8)(d).
 1550         Section 3. Section 546.13, Florida Statutes, is created to
 1551  read:
 1552         546.13 Fantasy contests and fantasy contest operators.—
 1553         (1) DEFINITIONS.—As used in this section, the term:
 1554         (a)“Entry fee” means cash or a cash equivalent that is
 1555  required to be paid by a participant in order to participate in
 1556  a fantasy contest.
 1557         (b)“Fantasy contest” means a fantasy or simulated game or
 1558  contest in which:
 1559         1.The value of all prizes and awards offered to winning
 1560  participants is established and made known to the participants
 1561  in advance of the contest and is unrelated to the number of
 1562  participants in the contest;
 1563         2.All winning outcomes reflect the relative knowledge and
 1564  skill of the participants and are determined predominantly by
 1565  accumulated statistical results of the performance of
 1566  individuals, including athletes in the case of sporting events;
 1567         3.No winning outcome is based on the score, point spread,
 1568  or any performance or performances of any single actual team or
 1569  combination of such teams, solely on any single performance of
 1570  an individual athlete or player in any single actual event, or
 1571  on the performances of participants in collegiate, high school,
 1572  or youth sporting events.
 1573         4. No casino graphics, themes, or titles, including, but
 1574  not limited to, depictions of slot machine-style symbols, cards,
 1575  craps, roulette, or lotto, are displayed or depicted.
 1576         (c)“Fantasy contest operator” means a person or an entity,
 1577  including any employee or agent, that offers or conducts a
 1578  fantasy contest with an entry fee for a cash prize or award and
 1579  that is not a participant in the fantasy contest.
 1580         (2)EXEMPTIONS.—The Department of Business and Professional
 1581  Regulation may not regulate and the offenses established in s.
 1582  849.01, s. 849.08, s. 849.09, s. 849.11, s. 849.14, and s.
 1583  849.25 do not include or apply to a fantasy contest operated or
 1584  conducted by a:
 1585         (a) Fantasy contest operator.
 1586         (b) Natural person who is a participant in the fantasy
 1587  contest, serves as the commissioner of not more than 10 fantasy
 1588  contests in a calendar year, and distributes all entry fees for
 1589  the fantasy contest as prizes or awards to the participants in
 1590  that fantasy contest.
 1591         Section 4. Subsections (1) and (3) of section 550.01215,
 1592  Florida Statutes, are amended to read:
 1593         550.01215 License application; periods of operation; bond,
 1594  conversion of permit.—
 1595         (1) Each permitholder shall annually, during the period
 1596  between December 15 and January 4, file in writing with the
 1597  division its application for an operating a license to conduct
 1598  pari-mutuel wagering during the next state fiscal year,
 1599  including intertrack and simulcast race wagering for greyhound
 1600  racing permitholders, jai alai permitholders, harness horse
 1601  racing permitholders, and quarter horse racing permitholders
 1602  that do not to conduct live performances during the next state
 1603  fiscal year. Each application for live performances must shall
 1604  specify the number, dates, and starting times of all live
 1605  performances that which the permitholder intends to conduct. It
 1606  must shall also specify which performances will be conducted as
 1607  charity or scholarship performances.
 1608         (a)In addition, Each application for an operating a
 1609  license also must shall include:,
 1610         1. For each permitholder, whether the permitholder intends
 1611  to accept wagers on intertrack or simulcast events.
 1612         2.For each permitholder that elects which elects to
 1613  operate a cardroom, the dates and periods of operation the
 1614  permitholder intends to operate the cardroom. or,
 1615         3. For each thoroughbred racing permitholder that which
 1616  elects to receive or rebroadcast out-of-state races after 7
 1617  p.m., the dates for all performances which the permitholder
 1618  intends to conduct.
 1619         (b)A greyhound racing permitholder that conducted a full
 1620  schedule of live racing for a period of at least 10 consecutive
 1621  state fiscal years after the 1996-1997 state fiscal year, or
 1622  that converted its permit to a permit to conduct greyhound
 1623  racing after the 1996-1997 state fiscal year, irrevocably may
 1624  elect not to conduct live racing if the election is made within
 1625  36 months after the effective date of this act. A greyhound
 1626  racing permitholder that makes such election retains its permit;
 1627  is a pari-mutuel facility as defined in s. 550.002(23); if such
 1628  permitholder has been issued a slot machine license, the
 1629  facility where such permit is located remains an eligible
 1630  facility as defined in s. 551.102(4), continues to be eligible
 1631  for a slot machine license, and is exempt from ss. 551.104(3)
 1632  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1633  required, to be a guest track for purposes of intertrack
 1634  wagering and simulcasting pursuant to ss. 550.3551, 550.615, and
 1635  550.6305; and remains eligible for a cardroom license
 1636  notwithstanding any requirement in s. 849.086 for the conduct of
 1637  live performances. A greyhound racing permitholder may receive
 1638  an operating license to conduct pari-mutuel wagering activities
 1639  at another permitholder’s greyhound racing facility pursuant to
 1640  s. 550.475.
 1641         (c) A jai alai permitholder, harness horse racing
 1642  permitholder or a quarter horse racing permitholder that has
 1643  conducted live racing or games for at least 5 years irrevocably
 1644  may elect not to conduct live racing or games if the election is
 1645  made within 36 months after the effective date of this act. A
 1646  permitholder that makes such election retains its permit; is a
 1647  pari-mutuel facility as defined in s. 550.002(23); if such
 1648  permitholder has been issued a slot machine license, the
 1649  facility where such permit is located remains an eligible
 1650  facility as defined in s. 551.102(4), continues to be eligible
 1651  for a slot machine license, and is exempt from ss. 551.104(3)
 1652  and (4)(c)1. and 551.114(2) and (4); is eligible, but not
 1653  required, to be a guest track and, if the permitholder is a
 1654  harness horse racing permitholder, to be a host track for
 1655  purposes of intertrack wagering and simulcasting pursuant to ss.
 1656  550.3551, 550.615, 550.625, and 550.6305; and remains eligible
 1657  for a cardroom license notwithstanding any requirement in s.
 1658  849.086 to conduct live performances.
 1659         (d) Permitholders may shall be entitled to amend their
 1660  applications through February 28.
 1661         (3) The division shall issue each license no later than
 1662  March 15. Each permitholder shall operate all performances at
 1663  the date and time specified on its license. The division shall
 1664  have the authority to approve minor changes in racing dates
 1665  after a license has been issued. The division may approve
 1666  changes in racing dates after a license has been issued when
 1667  there is no objection from any operating permitholder located
 1668  within 50 miles of the permitholder requesting the changes in
 1669  operating dates. In the event of an objection, the division
 1670  shall approve or disapprove the change in operating dates based
 1671  upon the impact on operating permitholders located within 50
 1672  miles of the permitholder requesting the change in operating
 1673  dates. In making the determination to change racing dates, the
 1674  division shall take into consideration the impact of such
 1675  changes on state revenues. Notwithstanding any other provision
 1676  of law, and for the 2018-2019 fiscal year only, the division may
 1677  approve changes in racing dates for permitholders if the request
 1678  for such changes is received before May 31, 2018.
 1679         Section 5. Subsections (9), (13), (14), and paragraph (a)
 1680  of subsection (11) of section 550.054, Florida Statutes, are
 1681  amended to read:
 1682         550.054 Application for permit to conduct pari-mutuel
 1683  wagering.—
 1684         (9)(a) After a permit has been granted by the division and
 1685  has been ratified and approved by the majority of the electors
 1686  participating in the election in the county designated in the
 1687  permit, the division shall grant to the lawful permitholder,
 1688  subject to the conditions of this chapter, a license to conduct
 1689  pari-mutuel operations under this chapter, and, except as
 1690  provided in s. 550.5251, the division shall fix annually the
 1691  time, place, and number of days during which pari-mutuel
 1692  operations may be conducted by the permitholder at the location
 1693  fixed in the permit and ratified in the election. After the
 1694  first license has been issued to the holder of a ratified permit
 1695  for racing in any county, all subsequent annual applications for
 1696  a license by that permitholder must be accompanied by proof, in
 1697  such form as the division requires, that the ratified
 1698  permitholder still possesses all the qualifications prescribed
 1699  by this chapter and that the permit has not been recalled at a
 1700  later election held in the county.
 1701         (b) The division may revoke or suspend any permit or
 1702  license issued under this chapter upon a the willful violation
 1703  by the permitholder or licensee of any provision of chapter 551,
 1704  chapter 849, or this chapter or rules of any rule adopted
 1705  pursuant to those chapters. With the exception of the revocation
 1706  of permits required in paragraphs (c) and (e) under this
 1707  chapter. In lieu of suspending or revoking a permit or license,
 1708  the division, in lieu of suspending or revoking a permit or
 1709  license, may impose a civil penalty against the permitholder or
 1710  licensee for a violation of this chapter or rules adopted
 1711  pursuant thereto any rule adopted by the division. The penalty
 1712  so imposed may not exceed $1,000 for each count or separate
 1713  offense. All penalties imposed and collected must be deposited
 1714  with the Chief Financial Officer to the credit of the General
 1715  Revenue Fund.
 1716         (c)1.The division shall revoke the permit of any
 1717  permitholder that fails to make payments due pursuant to chapter
 1718  550, chapter 551, or s. 849.086 for more than 24 consecutive
 1719  months unless such failure was the direct result of fire,
 1720  strike, war, or other disaster or event beyond the
 1721  permitholder’s control. Financial hardship to the permitholder
 1722  does not, in and of itself, constitute just cause for failure to
 1723  make payments.
 1724         2.The division shall revoke the permit of any permitholder
 1725  that has not obtained an operating license in accordance with s.
 1726  550.01215 for a period of more than 24 consecutive months after
 1727  June 30, 2012. The division shall revoke the permit upon
 1728  adequate notice to the permitholder. Financial hardship to the
 1729  permitholder does not, in and of itself, constitute just cause
 1730  for failure to operate.
 1731         (d)A new permit to conduct pari-mutuel wagering may not be
 1732  approved or issued after January 1, 2018.
 1733         (e)A permit revoked under this subsection is void and may
 1734  not be reissued.
 1735         (11)(a) A permit granted under this chapter may not be
 1736  transferred or assigned except upon written approval by the
 1737  division pursuant to s. 550.1815, except that the holder of any
 1738  permit that has been converted to a jai alai permit may lease or
 1739  build anywhere within the county in which its permit is located.
 1740         (13)(a) Notwithstanding any provisions of this chapter or
 1741  chapter 551, a pari-mutuel no thoroughbred horse racing permit
 1742  or license issued under this chapter may not shall be
 1743  transferred, or reissued when such reissuance is in the nature
 1744  of a transfer so as to permit or authorize a licensee to change
 1745  the location of a pari-mutuel facility, or a cardroom or slot
 1746  machine facility, except through the relocation of the pari
 1747  mutuel permit pursuant to s. 550.0555 thoroughbred horse
 1748  racetrack except upon proof in such form as the division may
 1749  prescribe that a referendum election has been held:
 1750         1.If the proposed new location is within the same county
 1751  as the already licensed location, in the county where the
 1752  licensee desires to conduct the race meeting and that a majority
 1753  of the electors voting on that question in such election voted
 1754  in favor of the transfer of such license.
 1755         2.If the proposed new location is not within the same
 1756  county as the already licensed location, in the county where the
 1757  licensee desires to conduct the race meeting and in the county
 1758  where the licensee is already licensed to conduct the race
 1759  meeting and that a majority of the electors voting on that
 1760  question in each such election voted in favor of the transfer of
 1761  such license.
 1762         (b)Each referendum held under the provisions of this
 1763  subsection shall be held in accordance with the electoral
 1764  procedures for ratification of permits, as provided in s.
 1765  550.0651. The expense of each such referendum shall be borne by
 1766  the licensee requesting the transfer.
 1767         (14)(a)Notwithstanding any other provision of law, a pari
 1768  mutuel permit, cardroom, or slot machine facility may not be
 1769  relocated, and a pari-mutuel permit may not be converted to
 1770  another class of permit. Any holder of a permit to conduct jai
 1771  alai may apply to the division to convert such permit to a
 1772  permit to conduct greyhound racing in lieu of jai alai if:
 1773         1.Such permit is located in a county in which the division
 1774  has issued only two pari-mutuel permits pursuant to this
 1775  section;
 1776         2.Such permit was not previously converted from any other
 1777  class of permit; and
 1778         3.The holder of the permit has not conducted jai alai
 1779  games during a period of 10 years immediately preceding his or
 1780  her application for conversion under this subsection.
 1781         (b)The division, upon application from the holder of a jai
 1782  alai permit meeting all conditions of this section, shall
 1783  convert the permit and shall issue to the permitholder a permit
 1784  to conduct greyhound racing. A permitholder of a permit
 1785  converted under this section shall be required to apply for and
 1786  conduct a full schedule of live racing each fiscal year to be
 1787  eligible for any tax credit provided by this chapter. The holder
 1788  of a permit converted pursuant to this subsection or any holder
 1789  of a permit to conduct greyhound racing located in a county in
 1790  which it is the only permit issued pursuant to this section who
 1791  operates at a leased facility pursuant to s. 550.475 may move
 1792  the location for which the permit has been issued to another
 1793  location within a 30-mile radius of the location fixed in the
 1794  permit issued in that county, provided the move does not cross
 1795  the county boundary and such location is approved under the
 1796  zoning regulations of the county or municipality in which the
 1797  permit is located, and upon such relocation may use the permit
 1798  for the conduct of pari-mutuel wagering and the operation of a
 1799  cardroom. The provisions of s. 550.6305(9)(d) and (f) shall
 1800  apply to any permit converted under this subsection and shall
 1801  continue to apply to any permit which was previously included
 1802  under and subject to such provisions before a conversion
 1803  pursuant to this section occurred.
 1804         Section 6. Section 550.0745, Florida Statutes, is repealed.
 1805         Section 7. Subsection (3) of section 550.09512, Florida
 1806  Statutes, is amended to read:
 1807         550.09512 Harness horse taxes; abandoned interest in a
 1808  permit for nonpayment of taxes.—
 1809         (3)(a) The division shall revoke the permit of a harness
 1810  horse racing permitholder who does not pay tax on handle for
 1811  live harness horse performances for a full schedule of live
 1812  races for more than 24 consecutive months during any 2
 1813  consecutive state fiscal years shall be void and shall escheat
 1814  to and become the property of the state unless such failure to
 1815  operate and pay tax on handle was the direct result of fire,
 1816  strike, war, or other disaster or event beyond the ability of
 1817  the permitholder to control. Financial hardship to the
 1818  permitholder does shall not, in and of itself, constitute just
 1819  cause for failure to operate and pay tax on handle. A permit
 1820  revoked under this subsection is void and may not be reissued.
 1821         (b)In order to maximize the tax revenues to the state, the
 1822  division shall reissue an escheated harness horse permit to a
 1823  qualified applicant pursuant to the provisions of this chapter
 1824  as for the issuance of an initial permit. However, the
 1825  provisions of this chapter relating to referendum requirements
 1826  for a pari-mutuel permit shall not apply to the reissuance of an
 1827  escheated harness horse permit. As specified in the application
 1828  and upon approval by the division of an application for the
 1829  permit, the new permitholder shall be authorized to operate a
 1830  harness horse facility anywhere in the same county in which the
 1831  escheated permit was authorized to be operated, notwithstanding
 1832  the provisions of s. 550.054(2) relating to mileage limitations.
 1833         Section 8. Subsections (3) and (7) of section 550.09515,
 1834  Florida Statutes, are amended to read:
 1835         550.09515 Thoroughbred horse taxes; abandoned interest in a
 1836  permit for nonpayment of taxes.—
 1837         (3)(a) The division shall revoke the permit of a
 1838  thoroughbred racing horse permitholder that who does not pay tax
 1839  on handle for live thoroughbred horse performances for a full
 1840  schedule of live races for more than 24 consecutive months
 1841  during any 2 consecutive state fiscal years shall be void and
 1842  shall escheat to and become the property of the state unless
 1843  such failure to operate and pay tax on handle was the direct
 1844  result of fire, strike, war, or other disaster or event beyond
 1845  the ability of the permitholder to control. Financial hardship
 1846  to the permitholder does shall not, in and of itself, constitute
 1847  just cause for failure to operate and pay tax on handle. A
 1848  permit revoked under this subsection is void and may not be
 1849  reissued.
 1850         (b)In order to maximize the tax revenues to the state, the
 1851  division shall reissue an escheated thoroughbred horse permit to
 1852  a qualified applicant pursuant to the provisions of this chapter
 1853  as for the issuance of an initial permit. However, the
 1854  provisions of this chapter relating to referendum requirements
 1855  for a pari-mutuel permit shall not apply to the reissuance of an
 1856  escheated thoroughbred horse permit. As specified in the
 1857  application and upon approval by the division of an application
 1858  for the permit, the new permitholder shall be authorized to
 1859  operate a thoroughbred horse facility anywhere in the same
 1860  county in which the escheated permit was authorized to be
 1861  operated, notwithstanding the provisions of s. 550.054(2)
 1862  relating to mileage limitations.
 1863         (7)If a thoroughbred permitholder fails to operate all
 1864  performances on its 2001-2002 license, failure to pay tax on
 1865  handle for a full schedule of live races for those performances
 1866  in the 2001-2002 fiscal year does not constitute failure to pay
 1867  taxes on handle for a full schedule of live races in a fiscal
 1868  year for the purposes of subsection (3). This subsection may not
 1869  be construed as forgiving a thoroughbred permitholder from
 1870  paying taxes on performances conducted at its facility pursuant
 1871  to its 2001-2002 license other than for failure to operate all
 1872  performances on its 2001-2002 license. This subsection expires
 1873  July 1, 2003.
 1874         Section 9. Section 550.3345, Florida Statutes, is amended
 1875  to read:
 1876         550.3345 Conversion of quarter horse permit to a Limited
 1877  thoroughbred racing permit.—
 1878         (1) In recognition of the important and long-standing
 1879  economic contribution of the thoroughbred horse breeding
 1880  industry to this state and the state’s vested interest in
 1881  promoting the continued viability of this agricultural activity,
 1882  the state intends to provide a limited opportunity for the
 1883  conduct of live thoroughbred horse racing with the net revenues
 1884  from such racing dedicated to the enhancement of thoroughbred
 1885  purses and breeders’, stallion, and special racing awards under
 1886  this chapter; the general promotion of the thoroughbred horse
 1887  breeding industry; and the care in this state of thoroughbred
 1888  horses retired from racing.
 1889         (2) A limited thoroughbred racing permit previously
 1890  converted from Notwithstanding any other provision of law, the
 1891  holder of a quarter horse racing permit pursuant to chapter
 1892  2010-29, Laws of Florida, issued under s. 550.334 may only be
 1893  held by, within 1 year after the effective date of this section,
 1894  apply to the division for a transfer of the quarter horse racing
 1895  permit to a not-for-profit corporation formed under state law to
 1896  serve the purposes of the state as provided in subsection (1).
 1897  The board of directors of the not-for-profit corporation must be
 1898  composed comprised of 11 members, 4 of whom shall be designated
 1899  by the applicant, 4 of whom shall be designated by the Florida
 1900  Thoroughbred Breeders’ Association, and 3 of whom shall be
 1901  designated by the other 8 directors, with at least 1 of these 3
 1902  members being an authorized representative of another
 1903  thoroughbred racing permitholder in this state. A limited
 1904  thoroughbred racing The not-for-profit corporation shall submit
 1905  an application to the division for review and approval of the
 1906  transfer in accordance with s. 550.054. Upon approval of the
 1907  transfer by the division, and notwithstanding any other
 1908  provision of law to the contrary, the not-for-profit corporation
 1909  may, within 1 year after its receipt of the permit, request that
 1910  the division convert the quarter horse racing permit to a permit
 1911  authorizing the holder to conduct pari-mutuel wagering meets of
 1912  thoroughbred racing. Neither the transfer of the quarter horse
 1913  racing permit nor its conversion to a limited thoroughbred
 1914  permit shall be subject to the mileage limitation or the
 1915  ratification election as set forth under s. 550.054(2) or s.
 1916  550.0651. Upon receipt of the request for such conversion, the
 1917  division shall timely issue a converted permit. The converted
 1918  permit and the not-for-profit corporation are shall be subject
 1919  to the following requirements:
 1920         (a) All net revenues derived by the not-for-profit
 1921  corporation under the thoroughbred horse racing permit, after
 1922  the funding of operating expenses and capital improvements,
 1923  shall be dedicated to the enhancement of thoroughbred purses and
 1924  breeders’, stallion, and special racing awards under this
 1925  chapter; the general promotion of the thoroughbred horse
 1926  breeding industry; and the care in this state of thoroughbred
 1927  horses retired from racing.
 1928         (b) From December 1 through April 30, no live thoroughbred
 1929  racing may not be conducted under the permit on any day during
 1930  which another thoroughbred racing permitholder is conducting
 1931  live thoroughbred racing within 125 air miles of the not-for
 1932  profit corporation’s pari-mutuel facility unless the other
 1933  thoroughbred racing permitholder gives its written consent.
 1934         (c) After the conversion of the quarter horse racing permit
 1935  and the issuance of its initial license to conduct pari-mutuel
 1936  wagering meets of thoroughbred racing, the not-for-profit
 1937  corporation shall annually apply to the division for a license
 1938  pursuant to s. 550.5251.
 1939         (d) Racing under the permit may take place only at the
 1940  location for which the original quarter horse racing permit was
 1941  issued, which may be leased by the not-for-profit corporation
 1942  for that purpose; however, the not-for-profit corporation may,
 1943  without the conduct of any ratification election pursuant to s.
 1944  550.054(13) or s. 550.0651, move the location of the permit to
 1945  another location in the same county provided that such
 1946  relocation is approved under the zoning and land use regulations
 1947  of the applicable county or municipality.
 1948         (e) A limited thoroughbred racing No permit may not be
 1949  transferred converted under this section is eligible for
 1950  transfer to another person or entity.
 1951         (3) Unless otherwise provided in this section, after
 1952  conversion, the permit and the not-for-profit corporation shall
 1953  be treated under the laws of this state as a thoroughbred racing
 1954  permit and as a thoroughbred racing permitholder, respectively,
 1955  with the exception of ss. 550.054(9)(c) and 550.09515(3) s.
 1956  550.09515(3).
 1957         Section 10. Subsections (1), (4), and (5) of section
 1958  550.6308, Florida Statutes, are amended to read:
 1959         550.6308 Limited intertrack wagering license.—In
 1960  recognition of the economic importance of the thoroughbred
 1961  breeding industry to this state, its positive impact on tourism,
 1962  and of the importance of a permanent thoroughbred sales facility
 1963  as a key focal point for the activities of the industry, a
 1964  limited license to conduct intertrack wagering is established to
 1965  ensure the continued viability and public interest in
 1966  thoroughbred breeding in Florida.
 1967         (1) Upon application to the division on or before January
 1968  31 of each year, any person that is licensed to conduct public
 1969  sales of thoroughbred horses pursuant to s. 535.01 and, that has
 1970  conducted at least 8 15 days of thoroughbred horse sales at a
 1971  permanent sales facility in this state for at least 3
 1972  consecutive years, and that has conducted at least 1 day of
 1973  nonwagering thoroughbred racing in this state, with a purse
 1974  structure of at least $250,000 per year for 2 consecutive years
 1975  before such application, shall be issued a license, subject to
 1976  the conditions set forth in this section, to conduct intertrack
 1977  wagering at such a permanent sales facility during the following
 1978  periods:
 1979         (a) Up to 21 days in connection with thoroughbred sales;
 1980         (b) Between November 1 and May 8;
 1981         (c) Between May 9 and October 31 at such times and on such
 1982  days as any thoroughbred, jai alai, or a greyhound permitholder
 1983  in the same county is not conducting live performances; provided
 1984  that any such permitholder may waive this requirement, in whole
 1985  or in part, and allow the licensee under this section to conduct
 1986  intertrack wagering during one or more of the permitholder’s
 1987  live performances; and
 1988         (d) During the weekend of the Kentucky Derby, the
 1989  Preakness, the Belmont, and a Breeders’ Cup Meet that is
 1990  conducted before November 1 and after May 8.
 1991  
 1992  Only No more than one such license may be issued, and no such
 1993  license may be issued for a facility located within 50 miles of
 1994  any for-profit thoroughbred permitholder’s track.
 1995         (4) Intertrack wagering under this section may be conducted
 1996  only on thoroughbred horse racing, except that intertrack
 1997  wagering may be conducted on any class of pari-mutuel race or
 1998  game conducted by any class of permitholders licensed under this
 1999  chapter if all thoroughbred, jai alai, and greyhound
 2000  permitholders in the same county as the licensee under this
 2001  section give their consent.
 2002         (4)(5) The licensee shall be considered a guest track under
 2003  this chapter. The licensee shall pay 2.5 percent of the total
 2004  contributions to the daily pari-mutuel pool on wagers accepted
 2005  at the licensee’s facility on greyhound races or jai alai games
 2006  to the thoroughbred permitholder that is conducting live races
 2007  for purses to be paid during its current racing meet. If more
 2008  than one thoroughbred permitholder is conducting live races on a
 2009  day during which the licensee is conducting intertrack wagering
 2010  on greyhound races or jai alai games, the licensee shall
 2011  allocate these funds between the operating thoroughbred
 2012  permitholders on a pro rata basis based on the total live handle
 2013  at the operating permitholders’ facilities.
 2014         Section 11. Subsections (4), (10), and (11) of section
 2015  551.102, Florida Statutes, are amended to read:
 2016         551.102 Definitions.—As used in this chapter, the term:
 2017         (4) “Eligible facility” means any licensed pari-mutuel
 2018  facility located in Miami-Dade County or Broward County existing
 2019  at the time of adoption of s. 23, Art. X of the State
 2020  Constitution that has conducted live racing or games during
 2021  calendar years 2002 and 2003 and has been approved by a majority
 2022  of voters in a countywide referendum to have slot machines at
 2023  such facility in the respective county; any licensed pari-mutuel
 2024  facility located within a county as defined in s. 125.011,
 2025  provided such facility has conducted live racing for 2
 2026  consecutive calendar years immediately preceding its application
 2027  for a slot machine license, pays the required license fee, and
 2028  meets the other requirements of this chapter; or any licensed
 2029  pari-mutuel facility in any other county in which a majority of
 2030  voters have approved slot machines at such facilities in a
 2031  countywide referendum held pursuant to a statutory or
 2032  constitutional authorization after the effective date of this
 2033  section in the respective county, provided such facility has
 2034  conducted a full schedule of live racing for 2 consecutive
 2035  calendar years immediately preceding its application for a slot
 2036  machine license, pays the required licensed fee, and meets the
 2037  other requirements of this chapter.
 2038         (10) “Slot machine license” means a license issued by the
 2039  division authorizing a pari-mutuel permitholder to place and
 2040  operate slot machines as provided in by s. 23, Art. X of the
 2041  State Constitution, the provisions of this chapter, and by
 2042  division rule rules.
 2043         (11) “Slot machine licensee” means a pari-mutuel
 2044  permitholder which who holds a license issued by the division
 2045  pursuant to this chapter which that authorizes such person to
 2046  possess a slot machine within facilities specified in s. 23,
 2047  Art. X of the State Constitution and allows slot machine gaming.
 2048         Section 12. Subsections (1) and (2) and paragraph (c) of
 2049  subsection (4) of section 551.104, Florida Statutes, are amended
 2050  to read:
 2051         551.104 License to conduct slot machine gaming.—
 2052         (1) Upon application, and a finding by the division after
 2053  investigation that the application is complete and that the
 2054  applicant is qualified, and payment of the initial license fee,
 2055  the division may issue a license to conduct slot machine gaming
 2056  in the designated slot machine gaming area of the eligible
 2057  facility. Once licensed, slot machine gaming may be conducted
 2058  subject to the requirements of this chapter and rules adopted
 2059  pursuant thereto. The division may not issue a slot machine
 2060  license to any pari-mutuel permitholder that includes, or
 2061  previously included within its ownership group, an ultimate
 2062  equitable owner that was also an ultimate equitable owner of a
 2063  pari-mutuel permitholder whose permit was voluntarily or
 2064  involuntarily surrendered, suspended, or revoked by the division
 2065  within 10 years before the date of the permitholder’s filing of
 2066  an application for a slot machine license.
 2067         (2) An application may be approved by the division only
 2068  after:
 2069         (a) The voters of the county where the applicant’s facility
 2070  is located have authorized by referendum slot machines within
 2071  pari-mutuel facilities located in: that county as specified in
 2072  s. 23, Art. X of the State Constitution
 2073         1. Miami-Dade County or Broward County existing at the time
 2074  of adoption of s. 23, Art. X of the State Constitution which
 2075  conducted live racing or games during calendar years 2002 and
 2076  2003, if such permitholder pays the required license fee and
 2077  meets the other requirements of this chapter.
 2078         2. A county as defined in s. 125.011, provided such
 2079  facility has conducted live racing for 2 consecutive calendar
 2080  years immediately preceding its application for a slot machine
 2081  license, pays the required license fee, and meets the other
 2082  requirements of this chapter.
 2083         3. Any other county, provided:
 2084         a. Such facility has conducted a full schedule of live
 2085  racing or games, as defined in s. 550.002(11), for 2 consecutive
 2086  calendar years immediately preceding its application for a slot
 2087  machine license, pays the required license fee, and meets the
 2088  other requirements of this chapter, and such referendum was
 2089  conducted after January 1, 2012, and on or before September 1,
 2090  2018; or
 2091         b. Such facility is located on or contiguous with property
 2092  of the qualified project of a public-private partnership between
 2093  the permitholder and a responsible public entity in accordance
 2094  with s. 255.065 and for which a comprehensive agreement has been
 2095  executed pursuant to s. 255.065 (7), has conducted a full
 2096  schedule of live racing or games, as defined in s. 550.002(11),
 2097  for 2 consecutive calendar years immediately preceding its
 2098  application, pays the required license fee and meets the other
 2099  requirements of this chapter, and such referendum is conducted
 2100  after the effective date of this act and on or before September
 2101  1, 2018.
 2102         (b) The applicant, for a facility described in subparagraph
 2103  (a)3., irrevocably surrenders to the division one greyhound
 2104  racing permit or one jai alai permit issued pursuant to chapter
 2105  550 and, after surrendering such permit, continues to hold the
 2106  permit authorizing pari-mutuel wagering activities at the
 2107  location at which the applicant intends to operate slot machine
 2108  gaming. For a permit to be qualified for surrender by an
 2109  applicant under this paragraph, the holder of such greyhound
 2110  racing permit or jai alai permit, including any previous owner
 2111  of such permit, must have conducted a full schedule of live
 2112  racing or games, as defined in s. 550.002(11), under such permit
 2113  for not less than the 5 state fiscal years immediately prior to
 2114  state fiscal year 2018-2019. Upon the surrender of such
 2115  greyhound racing permit or jai alai permit, the surrendered
 2116  permit is void and may not be reissued.
 2117         (4) As a condition of licensure and to maintain continued
 2118  authority for the conduct of slot machine gaming, a the slot
 2119  machine licensee shall:
 2120         (c)1. Conduct no less fewer than a full schedule of live
 2121  racing or games as defined in s. 550.002(11), unless conducting
 2122  less than a full schedule of live racing or games pursuant to s.
 2123  550.01215(1)(b) or (c). A permitholder’s responsibility to
 2124  conduct a full schedule such number of live races or games, as
 2125  defined in s. 550.002(11), shall be reduced by the number of
 2126  races or games that could not be conducted due to the direct
 2127  result of fire, war, hurricane, or other disaster or event
 2128  beyond the control of the permitholder. A permitholder may
 2129  conduct live races or games at another pari-mutuel facility
 2130  pursuant to s. 550.475 if such permitholder has operated its
 2131  live races or games by lease for at least 5 consecutive years
 2132  immediately prior to the permitholder’s application for a slot
 2133  machine license.
 2134         2.a. If not licensed to conduct a full schedule of live
 2135  racing or games, as defined in s. 550.002(11), pursuant to s.
 2136  550.01215(1)(b) or (c), remit each month to each qualified
 2137  thoroughbred permitholder, by electronic funds transfer, an
 2138  amount equal to one-twelfth of the lesser of $1.5 million or
 2139  2.75 percent of its slot machine revenues from the previous
 2140  state fiscal year, divided by the total number of qualified
 2141  thoroughbred permitholders for the applicable state fiscal year.
 2142  Qualified thoroughbred permitholders shall use such payments
 2143  exclusively for purses and awards for live thoroughbred horse
 2144  races held at the qualified thoroughbred permitholder’s racing
 2145  facility. For the purposes of this subparagraph, the term
 2146  “qualified thoroughbred permitholder” means a thoroughbred
 2147  permitholder conducting, in the applicable state fiscal year, no
 2148  less than a full schedule of live racing or games, as defined in
 2149  s. 550.002(11), and no fewer live thoroughbred horse racing
 2150  performances than such permitholder conducted in state fiscal
 2151  year 2017-2018. The term does not include a permitholder whose
 2152  permit was issued pursuant to s. 550.3345 or a permitholder
 2153  leasing at another thoroughbred permitholder’s facility pursuant
 2154  to s. 550.475.
 2155         b.The division shall notify each slot machine licensee
 2156  required to remit such payments, not later than 15 days after
 2157  issuing the slot machine license, of the qualified thoroughbred
 2158  permitholders to which such payments must be paid. Each
 2159  qualified thoroughbred permitholder shall provide each slot
 2160  machine licensee required to remit payments pursuant to this
 2161  subparagraph with written instructions for transmitting such
 2162  electronic payments. Such payments shall be remitted to each
 2163  qualified thoroughbred permitholder on the fifth day of each
 2164  calendar month. If the fifth day of the calendar month falls on
 2165  a weekend, such payment shall be remitted on the first Monday
 2166  following the weekend.
 2167         c. A qualified thoroughbred permitholder receiving funds
 2168  under this subparagraph shall remit, within 10 days after
 2169  receipt, 10 percent of those funds to the Florida Thoroughbred
 2170  Breeders’ Association, Inc., for the payment of breeders’,
 2171  stallion, and special racing awards, subject to the fee
 2172  authorized in s. 550.2625(3).
 2173         Section 13. Subsections (3) and (5) of section 551.106,
 2174  Florida Statutes, are redesignated as subsections (4) and (6),
 2175  respectively, a new subsection (3) is added to that section, and
 2176  subsections (1), (2), and present subsection (4) of that section
 2177  are amended, to read:
 2178         551.106 License fee; tax rate; penalties.—
 2179         (1) LICENSE FEE.—
 2180         (a) Upon submission of the initial application for a slot
 2181  machine license, and annually thereafter, on the anniversary
 2182  date of the issuance of the initial license, the licensee must
 2183  pay to the division a nonrefundable license fee of $3 million
 2184  for the succeeding 12 months of licensure. In the 2010-2011
 2185  fiscal year, the licensee must pay the division a nonrefundable
 2186  license fee of $2.5 million for the succeeding 12 months of
 2187  licensure. In the 2011-2012 fiscal year and for every fiscal
 2188  year thereafter, the licensee must pay the division a
 2189  nonrefundable license fee of $2 million for the succeeding 12
 2190  months of licensure. The license fee must shall be deposited
 2191  into the Pari-mutuel Wagering Trust Fund of the Department of
 2192  Business and Professional Regulation to be used by the division
 2193  and the Department of Law Enforcement for investigations,
 2194  regulation of slot machine gaming, and enforcement of slot
 2195  machine gaming provisions under this chapter. These payments
 2196  must shall be accounted for separately from taxes or fees paid
 2197  pursuant to the provisions of chapter 550.
 2198         (b) Prior to January 1, 2007, the division shall evaluate
 2199  the license fee and shall make recommendations to the President
 2200  of the Senate and the Speaker of the House of Representatives
 2201  regarding the optimum level of slot machine license fees in
 2202  order to adequately support the slot machine regulatory program.
 2203         (2) TAX ON SLOT MACHINE REVENUES.—
 2204         (a)1. The tax rate on slot machine revenues at each
 2205  facility is shall be 35 percent. Effective January 1, 2019, the
 2206  tax rate on slot machine revenues at each facility is 30
 2207  percent. Effective July 1, 2020, the tax rate on slot machine
 2208  revenues at each facility is 25 percent.
 2209         2.a. If, during any state fiscal year, the aggregate amount
 2210  of tax paid to the state by all slot machine licensees in
 2211  Broward and Miami-Dade Counties is less than the aggregate
 2212  amount of tax paid to the state by all slot machine licensees in
 2213  those counties in the 2017-2018 2008-2009 fiscal year, each slot
 2214  machine licensee shall pay to the state within 45 days after the
 2215  end of the state fiscal year a surcharge equal to its pro rata
 2216  share of an amount equal to the difference between the aggregate
 2217  amount of tax paid to the state by all slot machine licensees in
 2218  the 2008-2009 fiscal year and the amount of tax paid during the
 2219  fiscal year.
 2220         b. The amount of the surcharge to be paid by each such
 2221  licensee must be calculated by dividing the aggregate amount of
 2222  slot machine taxes paid to the state by all such slot machine
 2223  licensees in the 2017-2018 fiscal year by the aggregate amount
 2224  of slot machine taxes paid by all such licensees during the
 2225  applicable state fiscal year, multiplying the result by the
 2226  amount of slot machine taxes paid by the licensee during the
 2227  applicable state fiscal year, and then subtracting from that
 2228  product the amount of slot machine taxes paid by the licensee
 2229  during the applicable state fiscal year. However, the sum of the
 2230  taxes paid by a licensee pursuant to subparagraph 1. and any
 2231  surcharge due from the licensee may not exceed 35 percent of the
 2232  slot machine revenue of that licensee in the applicable state
 2233  fiscal year Each licensee’s pro rata share shall be an amount
 2234  determined by dividing the number 1 by the number of facilities
 2235  licensed to operate slot machines during the applicable fiscal
 2236  year, regardless of whether the facility is operating such
 2237  machines.
 2238         (b) The slot machine revenue tax imposed by this section on
 2239  facilities licensed pursuant to s. 551.104(2)(a)1., 2., or 3.a.
 2240  must shall be paid to the division for deposit into the Pari
 2241  mutuel Wagering Trust Fund for immediate transfer by the Chief
 2242  Financial Officer for deposit into the Educational Enhancement
 2243  Trust Fund of the Department of Education. Any interest earnings
 2244  on the tax revenues must shall also be transferred to the
 2245  Educational Enhancement Trust Fund. The slot machine revenue tax
 2246  imposed by this section on facilities licensed pursuant to s.
 2247  551.104(2)(a)3.b. must be paid to the division for deposit into
 2248  the Pari-mutuel Wagering Trust Fund. The division must transfer
 2249  90 percent of such funds to be deposited by the Chief Financial
 2250  Officer into the Educational Enhancement Trust Fund of the
 2251  Department of Education and must transfer 10 percent of such
 2252  funds to the responsible public entity for the public-private
 2253  partnership of the slot machine licensee pursuant to ss.
 2254  551.104(2)(a)3.b. and 255.065.
 2255         (c)1. Funds transferred to the Educational Enhancement
 2256  Trust Fund under paragraph (b) must shall be used to supplement
 2257  public education funding statewide. Funds transferred to a
 2258  responsible public entity pursuant to paragraph (b) must be used
 2259  in accordance with s. 255.065 to finance the qualifying project
 2260  of such entity and the slot machine licensee, which established
 2261  the licensee’s eligibility for initial licensure pursuant to s.
 2262  551.104(2)(a)3.b.
 2263         2. If necessary to comply with any covenant established
 2264  pursuant to s. 1013.68(4), s. 1013.70(1), or s. 1013.737(3),
 2265  funds transferred to the Educational Enhancement Trust Fund
 2266  under paragraph (b) must shall first be available to pay debt
 2267  service on lottery bonds issued to fund school construction in
 2268  the event lottery revenues are insufficient for such purpose or
 2269  to satisfy debt service reserve requirements established in
 2270  connection with lottery bonds. Moneys available pursuant to this
 2271  subparagraph are subject to annual appropriation by the
 2272  Legislature.
 2273         (3) SLOT MACHINE GUARANTEE FEE; SURCHARGE.—
 2274         (a) If a permitholder located within a county that has
 2275  conducted a successful slot machine referendum after January 1,
 2276  2012, does not pay at least $10 million in total slot machine
 2277  taxes and license fees to the state in state fiscal year 2018
 2278  2019, the permitholder shall pay to the state within 45 days
 2279  after the end of the state fiscal year a surcharge equal to the
 2280  difference between the aggregate amount of slot machine taxes
 2281  and license fees paid to the state in the fiscal year and $10
 2282  million, regardless of whether the permitholder or licensee
 2283  operated slot machines during the fiscal year.
 2284         (b) If a permitholder located within a county that has
 2285  conducted a successful slot machine referendum after January 1,
 2286  2012, does not pay at least $20 million in total slot machine
 2287  taxes and license fees to the state in state fiscal year 2019
 2288  2020 and any subsequent state fiscal year, the permitholder
 2289  shall pay to the state within 45 days after the end of the state
 2290  fiscal year a surcharge equal to the difference between the
 2291  aggregate amount of slot machine taxes and license fees paid to
 2292  the state in the fiscal year and $20 million, regardless of
 2293  whether the permitholder or licensee operated slot machines
 2294  during the fiscal year.
 2295         (5)(4) TO PAY TAX; PENALTIES.—A slot machine licensee who
 2296  fails to make tax and any applicable surcharge payments as
 2297  required under this section is subject to an administrative
 2298  penalty of up to $10,000 for each day the tax payment is not
 2299  remitted. All administrative penalties imposed and collected
 2300  must shall be deposited into the Pari-mutuel Wagering Trust Fund
 2301  of the Department of Business and Professional Regulation. If
 2302  any slot machine licensee fails to pay penalties imposed by
 2303  order of the division under this subsection, the division may
 2304  deny, suspend, revoke, or refuse to renew the license of the
 2305  permitholder or slot machine licensee.
 2306         Section 14. Subsections (1), (2), and (4) of section
 2307  551.114, Florida Statutes, are amended to read:
 2308         551.114 Slot machine gaming areas.—
 2309         (1)(a) A slot machine licensee whose initial license was
 2310  issued before January 1, 2018, may make available for play up
 2311  to:
 2312         1. 1,600 2,000 slot machines within the property of the
 2313  facilities of the slot machine licensee, if the licensee made
 2314  available for play 1,250 or more slot machines during state
 2315  fiscal year 2016-2017.
 2316         2. 1,200 slot machines within the property of the
 2317  facilities of the slot machine licensee, if the licensee made
 2318  available for play 1,000 or more slot machines, but less than
 2319  1,250 slot machines, during state fiscal year 2016-2017.
 2320         3. 1,000 slot machines within the property of the
 2321  facilities of the slot machine licensee, if the licensee made
 2322  available for play less than 1,000 slot machines during state
 2323  fiscal year 2016-2017.
 2324         (b)1. A slot machine licensee whose initial license was
 2325  issued on or after January 1, 2018, may make available for play
 2326  up to 750 slot machines within the property of the facilities of
 2327  the slot machine licensee; provided however, the total number of
 2328  slot machines which may be made available for play by all slot
 2329  machine licensees whose initial license was issued after January
 2330  1, 2018, may not exceed 6,000 slot machines.
 2331         2. If the total number of slot machines which all licensees
 2332  whose initial license was issued on or after January 1, 2018,
 2333  would exceed 6,000 slot machines if each such licensee were to
 2334  operate 750 slot machines, the maximum number of slot machines
 2335  each such licensee may make available for play may not exceed
 2336  6,000 divided by the number of licensees whose initial license
 2337  was issued after January 1, 2018.
 2338         (2) If such races or games are available to the slot
 2339  machine licensee, the slot machine licensee shall display pari
 2340  mutuel races or games within the designated slot machine gaming
 2341  areas and offer patrons within the designated slot machine
 2342  gaming areas the ability to engage in pari-mutuel wagering on
 2343  any live, intertrack, and simulcast races conducted or offered
 2344  to patrons of the licensed facility.
 2345         (4) Designated slot machine gaming areas shall may be
 2346  located anywhere within the property described in a slot machine
 2347  licensee’s pari-mutuel permit within the current live gaming
 2348  facility or in an existing building that must be contiguous and
 2349  connected to the live gaming facility. If a designated slot
 2350  machine gaming area is to be located in a building that is to be
 2351  constructed, that new building must be contiguous and connected
 2352  to the live gaming facility.
 2353         Section 15. Section 551.116, Florida Statutes, is amended
 2354  to read:
 2355         551.116 Days and hours of operation.—Slot machine gaming
 2356  areas may be open 24 hours per day, 7 days a week daily
 2357  throughout the year. The slot machine gaming areas may be open a
 2358  cumulative amount of 18 hours per day on Monday through Friday
 2359  and 24 hours per day on Saturday and Sunday and on those
 2360  holidays specified in s. 110.117(1).
 2361         Section 16. Present subsections (9) through (17) of section
 2362  849.086, Florida Statutes, are redesignated as subsections (10)
 2363  through (18), respectively, a new subsection (9) is added to
 2364  that section, subsections (1) and (2) of that section are
 2365  amended, paragraph (g) is added to subsection (4) of that
 2366  section, and paragraph (b) of subsection (5), paragraphs (a),
 2367  (b), and (c) of subsection (7), paragraph (a) of subsection (8),
 2368  present subsection (12), and paragraphs (d) and (h) of present
 2369  subsection (13) are amended, to read:
 2370         849.086 Cardrooms authorized.—
 2371         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2372  to provide additional entertainment choices for the residents of
 2373  and visitors to the state, promote tourism in the state, provide
 2374  revenues to support the continuation of live pari-mutuel
 2375  activity, and provide additional state revenues through the
 2376  authorization of the playing of certain games in the state at
 2377  facilities known as cardrooms which are to be located at
 2378  licensed pari-mutuel facilities. To ensure the public confidence
 2379  in the integrity of authorized cardroom operations, this act is
 2380  designed to strictly regulate the facilities, persons, and
 2381  procedures related to cardroom operations. Furthermore, the
 2382  Legislature finds that authorized games of poker and dominoes as
 2383  herein defined are considered to be pari-mutuel style games and
 2384  not casino gaming because the participants play against each
 2385  other instead of against the house.
 2386         (2) DEFINITIONS.—As used in this section:
 2387         (a) “Authorized game” means a game or series of games of
 2388  poker, including designated player games, played in conformance
 2389  with this section and in a manner consistent with the rules and
 2390  requirements specified in the 1974 edition of Hoyle’s Modern
 2391  Encyclopedia of Card Games: Rules of All the Basic Games and
 2392  Popular Variations and including three card poker, or dominoes
 2393  played in conformance with this section or dominoes which are
 2394  played in a nonbanking manner.
 2395         (b) “Banking game” means a game in which the house is a
 2396  participant in the game, taking on players, paying winners, and
 2397  collecting from losers or in which the cardroom establishes a
 2398  bank against which participants play. A designated player game
 2399  is not a banking game.
 2400         (c) “Cardroom” means a facility where authorized games are
 2401  played for money or anything of value and to which the public is
 2402  invited to participate in such games and charged a fee for
 2403  participation by the operator of such facility. Authorized games
 2404  and cardrooms do not constitute casino gaming operations if
 2405  conducted at an eligible facility.
 2406         (d) “Cardroom management company” means any individual not
 2407  an employee of the cardroom operator, any proprietorship,
 2408  partnership, corporation, or other entity that enters into an
 2409  agreement with a cardroom operator to manage, operate, or
 2410  otherwise control the daily operation of a cardroom.
 2411         (e) “Cardroom distributor” means any business that
 2412  distributes cardroom paraphernalia such as card tables, betting
 2413  chips, chip holders, dominoes, dominoes tables, drop boxes,
 2414  banking supplies, playing cards, card shufflers, and other
 2415  associated equipment to authorized cardrooms.
 2416         (f) “Cardroom operator” means a licensed pari-mutuel
 2417  permitholder that which holds a valid permit and license issued
 2418  by the division pursuant to chapter 550 and which also holds a
 2419  valid cardroom license issued by the division pursuant to this
 2420  section which authorizes such person to operate a cardroom and
 2421  to conduct authorized games in such cardroom.
 2422         (g)“Designated player” means the player identified for
 2423  each game by a button that rotates clockwise before each hand
 2424  begins as the player in the dealer position and seated at a
 2425  traditional player position in a designated player game who pays
 2426  winning players and collects from losing players.
 2427         (h)“Designated player game” means a game in which the
 2428  players compare their cards only to the cards of the designated
 2429  player or to a combination of cards held by the designated
 2430  player and cards common and available for play by all players.
 2431         (i)(g) “Division” means the Division of Pari-mutuel
 2432  Wagering of the Department of Business and Professional
 2433  Regulation.
 2434         (j)(h) “Dominoes” means a game of dominoes typically played
 2435  with a set of 28 flat rectangular blocks, called “bones,” which
 2436  are marked on one side and divided into two equal parts, with
 2437  zero to six dots, called “pips,” in each part. The term also
 2438  includes larger sets of blocks that contain a correspondingly
 2439  higher number of pips. The term also means the set of blocks
 2440  used to play the game.
 2441         (k)(i) “Gross receipts” means the total amount of money
 2442  received by a cardroom from any person for participation in
 2443  authorized games.
 2444         (l)(j) “House” means the cardroom operator and all
 2445  employees of the cardroom operator.
 2446         (m)(k) “Net proceeds” means the total amount of gross
 2447  receipts received by a cardroom operator from cardroom
 2448  operations less direct operating expenses related to cardroom
 2449  operations, including labor costs, admission taxes only if a
 2450  separate admission fee is charged for entry to the cardroom
 2451  facility, gross receipts taxes imposed on cardroom operators by
 2452  this section, the annual cardroom license fees imposed by this
 2453  section on each table operated at a cardroom, and reasonable
 2454  promotional costs excluding officer and director compensation,
 2455  interest on capital debt, legal fees, real estate taxes, bad
 2456  debts, contributions or donations, or overhead and depreciation
 2457  expenses not directly related to the operation of the cardrooms.
 2458         (n)(l) “Rake” means a set fee or percentage of the pot
 2459  assessed by a cardroom operator for providing the services of a
 2460  dealer, table, or location for playing the authorized game.
 2461         (o)(m) “Tournament” means a series of games that have more
 2462  than one betting round involving one or more tables and where
 2463  the winners or others receive a prize or cash award.
 2464         (4) AUTHORITY OF DIVISION.—The Division of Pari-mutuel
 2465  Wagering of the Department of Business and Professional
 2466  Regulation shall administer this section and regulate the
 2467  operation of cardrooms under this section and the rules adopted
 2468  pursuant thereto, and is hereby authorized to:
 2469         (g) Establish a reasonable period to respond to requests
 2470  from a licensed cardroom; provided however, the division has a
 2471  maximum of 45 days to approve:
 2472         1. A cardroom’s internal controls or provide the cardroom
 2473  with a list of deficiencies as to the internal controls.
 2474         2. Rules for a new authorized game submitted by a licensed
 2475  cardroom or provide the cardroom with a list of deficiencies as
 2476  to those rules.
 2477  
 2478  No later than 10 days after the submission of revised internal
 2479  controls or revised rules addressing the deficiencies identified
 2480  by the division, the division must review and approve or reject
 2481  the revised internal controls or revised rules.
 2482         (5) LICENSE REQUIRED; APPLICATION; FEES.—No person may
 2483  operate a cardroom in this state unless such person holds a
 2484  valid cardroom license issued pursuant to this section.
 2485         (b) After the initial cardroom license is granted, the
 2486  application for the annual license renewal shall be made in
 2487  conjunction with the applicant’s annual application for its
 2488  pari-mutuel license. If a permitholder has operated a cardroom
 2489  during any of the 3 previous fiscal years and fails to include a
 2490  renewal request for the operation of the cardroom in its annual
 2491  application for license renewal, the permitholder may amend its
 2492  annual application to include operation of the cardroom. In
 2493  order for a cardroom license to be renewed the applicant must
 2494  have requested, as part of its pari-mutuel annual license
 2495  application, to conduct at least 90 percent of the total number
 2496  of live performances conducted by such permitholder during
 2497  either the state fiscal year in which its initial cardroom
 2498  license was issued or the state fiscal year immediately prior
 2499  thereto if the permitholder ran at least a full schedule of live
 2500  racing or games in the prior year. If the application is for a
 2501  harness permitholder cardroom, the applicant must have requested
 2502  authorization to conduct a minimum of 140 live performances
 2503  during the state fiscal year immediately prior thereto. If more
 2504  than one permitholder is operating at a facility, each
 2505  permitholder must have applied for a license to conduct a full
 2506  schedule of live racing.
 2507         (7) CONDITIONS FOR OPERATING A CARDROOM.—
 2508         (a) A cardroom may be operated only at the location
 2509  specified on the cardroom license issued by the division, and
 2510  such location may only be the location at which the pari-mutuel
 2511  permitholder is authorized to conduct pari-mutuel wagering
 2512  activities pursuant to such permitholder’s valid pari-mutuel
 2513  permit or as otherwise authorized by law. Cardroom operations
 2514  may not be allowed beyond the hours provided in paragraph (b)
 2515  regardless of the number of cardroom licenses issued for
 2516  permitholders operating at the pari-mutuel facility.
 2517         (b) Any cardroom operator may operate a cardroom at the
 2518  pari-mutuel facility daily throughout the year, if the
 2519  permitholder meets the requirements under paragraph (5)(b). The
 2520  cardroom may be open a cumulative amount of 18 hours per day on
 2521  Monday through Friday and 24 hours per day on Saturday and
 2522  Sunday and on the holidays specified in s. 110.117(1).
 2523         (c) A cardroom operator must at all times employ and
 2524  provide a nonplaying live dealer at for each table on which
 2525  authorized card games which traditionally use a dealer are
 2526  conducted at the cardroom. Such dealers may not have a
 2527  participatory interest in any game other than the dealing of
 2528  cards and may not have an interest in the outcome of the game.
 2529  The providing of such dealers by a licensee does not constitute
 2530  the conducting of a banking game by the cardroom operator.
 2531         (8) METHOD OF WAGERS; LIMITATION.—
 2532         (a) No Wagering may not be conducted using money or other
 2533  negotiable currency. Games may only be played utilizing a
 2534  wagering system whereby all players’ money is first converted by
 2535  the house to tokens or chips that may which shall be used for
 2536  wagering only at that specific cardroom.
 2537         (9)DESIGNATED PLAYER GAMES AUTHORIZED.—
 2538         (a)A cardroom operator may offer designated player games
 2539  consisting of players making wagers against the designated
 2540  player. However, not more than 50 percent of the total licensed
 2541  tables in a cardroom may offer designated player games. The
 2542  designated player must be licensed pursuant to paragraph (6)(b).
 2543  Employees of a designated player also must be licensed, and the
 2544  designated player shall pay, in addition to the business
 2545  occupational fee established pursuant to paragraph (6)(i), an
 2546  employee occupational license fee that may not exceed $500 per
 2547  employee for any 12-month period.
 2548         (b)A cardroom operator may not serve as a designated
 2549  player in any game. The cardroom operator may not have a
 2550  financial interest in a designated player in any game. A
 2551  cardroom operator may collect a rake in accordance with the rake
 2552  structure posted at the table.
 2553         (c)If there are multiple designated players at a table,
 2554  the dealer button shall be rotated in a clockwise rotation after
 2555  each hand.
 2556         (d)A cardroom operator may not allow a designated player
 2557  to pay an opposing player who holds a lower-ranked hand.
 2558         (e)A designated player may not be required by the rules of
 2559  a game or by the rules of a cardroom to cover more than 10 times
 2560  the maximum wager for players participating in any one game.
 2561         (f)The cardroom, or any cardroom licensee, may not
 2562  contract with, or receive compensation other than a posted table
 2563  rake from, any player to participate in any game to serve as a
 2564  designated player.
 2565         (13)(12) PROHIBITED ACTIVITIES.—
 2566         (a) A No person licensed to operate a cardroom may not
 2567  conduct any banking game or any game not specifically authorized
 2568  by this section.
 2569         (b) A No person who is younger than under 18 years of age
 2570  may not be permitted to hold a cardroom or employee license, or
 2571  to engage in any game conducted therein.
 2572         (c) With the exception of mechanical card shufflers, No
 2573  electronic or mechanical devices, except mechanical card
 2574  shufflers, may not be used to conduct any authorized game in a
 2575  cardroom.
 2576         (d) No Cards, game components, or game implements may not
 2577  be used in playing an authorized game unless they have such has
 2578  been furnished or provided to the players by the cardroom
 2579  operator.
 2580         (14)(13) TAXES AND OTHER PAYMENTS.—
 2581         (d)1. Each greyhound and jai alai permitholder that
 2582  operates a cardroom facility shall use at least 4 percent of
 2583  such permitholder’s cardroom monthly gross receipts to
 2584  supplement greyhound purses and awards or jai alai prize money,
 2585  respectively, during the permitholder’s next ensuing pari-mutuel
 2586  meet.
 2587         2.a. Any permitholder with a cardroom license and
 2588  conducting less than a full schedule of live racing or games, as
 2589  defined in s. 550.002(11), pursuant to s. 550.01215(1)(b) or (c)
 2590  shall remit each month to each qualified thoroughbred
 2591  permitholder, by electronic funds transfer, an amount equal to 4
 2592  percent of its monthly cardroom gross receipts divided by the
 2593  total number of qualified thoroughbred permitholders for a
 2594  license year. Qualified thoroughbred permitholders shall use
 2595  such payments exclusively for purses and awards for live
 2596  thoroughbred horse races held at the qualified thoroughbred
 2597  permitholder’s racing facility. For the purposes of this
 2598  subparagraph, the term “qualified thoroughbred permitholder”
 2599  means a thoroughbred permitholder conducting, in the applicable
 2600  state fiscal year, no less than a full schedule of live racing
 2601  or games, as defined in s. 550.002(11), and no fewer live
 2602  thoroughbred horse racing performances than such permitholder
 2603  conducted in state fiscal year 2017-2018. The term does not
 2604  include a permitholder whose permit was issued pursuant to s.
 2605  550.3345 or a permitholder leasing at another thoroughbred
 2606  permitholder’s facility pursuant to s. 550.475.
 2607         b.The division shall notify each cardroom licensee
 2608  required to remit such payments, not later than 15 days after
 2609  issuing the cardroom license, of the qualified thoroughbred
 2610  permitholders to which such payments must be paid. Each
 2611  qualified thoroughbred permitholder shall provide each cardroom
 2612  licensee required to remit payments pursuant to this
 2613  subparagraph with written instructions for transmitting such
 2614  electronic payments. Such payments shall be remitted to each
 2615  qualified thoroughbred permitholder on the fifth day of each
 2616  calendar month and shall be based upon the preceding month’s
 2617  cardroom activities. If the fifth day of the calendar month
 2618  falls on a weekend, such payment shall be remitted on the first
 2619  Monday following the weekend.
 2620         c.A qualified thoroughbred permitholder receiving funds
 2621  under this subparagraph shall remit, within 10 days after
 2622  receipt, 10 percent of those funds to the Florida Thoroughbred
 2623  Breeders’ Association, Inc., for the payment of breeders’,
 2624  stallion, and special racing awards, subject to the fee
 2625  authorized in s. 550.2625(3).
 2626         3. Each thoroughbred and harness horse racing permitholder
 2627  that operates a cardroom facility shall use at least 50 percent
 2628  of such permitholder’s cardroom monthly net proceeds as follows:
 2629  47 percent to supplement purses and 3 percent to supplement
 2630  breeders’ awards during the permitholder’s next ensuing racing
 2631  meet.
 2632         3. No cardroom license or renewal thereof shall be issued
 2633  to an applicant holding a permit under chapter 550 to conduct
 2634  pari-mutuel wagering meets of quarter horse racing unless the
 2635  applicant has on file with the division a binding written
 2636  agreement between the applicant and the Florida Quarter Horse
 2637  Racing Association or the association representing a majority of
 2638  the horse owners and trainers at the applicant’s eligible
 2639  facility, governing the payment of purses on live quarter horse
 2640  races conducted at the licensee’s pari-mutuel facility. The
 2641  agreement governing purses may direct the payment of such purses
 2642  from revenues generated by any wagering or gaming the applicant
 2643  is authorized to conduct under Florida law. All purses shall be
 2644  subject to the terms of chapter 550.
 2645         (h) One-quarter of the moneys deposited into the Pari
 2646  mutuel Wagering Trust Fund pursuant to paragraph (g) shall, by
 2647  October 1 of each year, be distributed to the local government
 2648  that approved the cardroom under subsection (17) (16); however,
 2649  if two or more pari-mutuel racetracks are located within the
 2650  same incorporated municipality, the cardroom funds shall be
 2651  distributed to the municipality. If a pari-mutuel facility is
 2652  situated in such a manner that it is located in more than one
 2653  county, the site of the cardroom facility shall determine the
 2654  location for purposes of disbursement of tax revenues under this
 2655  paragraph. The division shall, by September 1 of each year,
 2656  determine: the amount of taxes deposited into the Pari-mutuel
 2657  Wagering Trust Fund pursuant to this section from each cardroom
 2658  licensee; the location by county of each cardroom; whether the
 2659  cardroom is located in the unincorporated area of the county or
 2660  within an incorporated municipality; and, the total amount to be
 2661  distributed to each eligible county and municipality.
 2662         Section 17. Subsection (1) of section 849.16, Florida
 2663  Statutes, is amended to read:
 2664         849.16 Machines or devices which come within provisions of
 2665  law defined.—
 2666         (1) As used in this chapter, the term “slot machine or
 2667  device” means any machine or device or system or network of
 2668  devices that is adapted for use in such a way that, upon
 2669  activation, which may be achieved by, but is not limited to, the
 2670  insertion of any piece of money, coin, account number, code, or
 2671  other object or information, such device or system is directly
 2672  or indirectly caused to operate or may be operated and if the
 2673  user, whether by application of skill or by reason of any
 2674  element of chance or any other outcome unpredictable by the
 2675  user, regardless of whether the machine or device or system or
 2676  networks of devices includes a preview of the outcome or whether
 2677  the outcome is known, displayed, or capable of being known or
 2678  displayed to the user, may:
 2679         (a) Receive or become entitled to receive any piece of
 2680  money, credit, allowance, or thing of value; , or any check,
 2681  slug, token, or memorandum, whether of value or otherwise, which
 2682  may be exchanged for any money, credit, allowance, or thing of
 2683  value or which may be given in trade; or the opportunity to
 2684  purchase a subsequently displayed outcome that may have a
 2685  monetary value, regardless of whether such value is equal to,
 2686  greater than, or less than the cost of purchasing such outcome;
 2687  or
 2688         (b) Secure additional chances or rights to use such
 2689  machine, apparatus, or device, even though the device or system
 2690  may be available for free play or, in addition to any element of
 2691  chance or unpredictable outcome of such operation, may also
 2692  sell, deliver, or present some merchandise, indication of
 2693  weight, entertainment, or other thing of value. The term “slot
 2694  machine or device” includes, but is not limited to, devices
 2695  regulated as slot machines pursuant to chapter 551.
 2696         Section 18. The Division of Law Revision and Information is
 2697  directed to replace the phrase “the effective date of this act”
 2698  wherever it appears in this act with the date this act becomes a
 2699  law.
 2700         Section 19. This act shall take effect upon becoming a law.
 2701  
 2702  ================= T I T L E  A M E N D M E N T ================
 2703  And the title is amended as follows:
 2704         Delete everything before the enacting clause
 2705  and insert:
 2706                        A bill to be entitled                      
 2707         An act relating to gaming; amending s. 285.710, F.S.;
 2708         authorizing and directing the Governor, in cooperation
 2709         with the Seminole Tribe of Florida, to execute a new
 2710         compact in the form provided; signifying the
 2711         Legislature’s approval and ratification of such
 2712         compact that does not materially alter from the
 2713         approved form; providing terms and conditions for the
 2714         gaming compact; defining terms; authorizing the Tribe
 2715         to operate covered games on its lands in accordance
 2716         with the compact and at specified facilities;
 2717         prohibiting specified games; providing requirements
 2718         for resolution of patron disputes involving gaming,
 2719         tort claims, and employee disputes; providing
 2720         requirements for regulation and enforcement of the
 2721         compact; requiring the state to conduct random
 2722         inspections of tribal facilities; authorizing the
 2723         state to conduct an independent audit; requiring the
 2724         Tribe and commission to comply with specified
 2725         licensing and hearing requirements; requiring the
 2726         Tribe to make specified revenue share payments to the
 2727         state, with reductions authorized under certain
 2728         circumstances; requiring the Tribe to pay an annual
 2729         oversight assessment and annual donation to the
 2730         Florida Council on Compulsive Gaming; specifying that
 2731         certain events do not trigger any remedy under the
 2732         compact or affect the exclusivity provisions of the
 2733         compact; providing for dispute resolution between the
 2734         Tribe and the state; providing construction; providing
 2735         requirements for notice under the compact; providing
 2736         an effective date and termination of the compact;
 2737         providing for execution of the compact; amending s.
 2738         285.712, F.S.; requiring the Governor to provide a
 2739         copy of the executed compact to specified parties and
 2740         direct the Secretary of State to forward a copy to the
 2741         Secretary of the Interior; creating s. 546.13, F.S.;
 2742         defining terms; exempting a fantasy contest from
 2743         certain regulations; amending s. 550.01215, F.S.;
 2744         revising application requirements for a pari-mutuel
 2745         operating license; authorizing certain greyhound
 2746         racing permitholders elect not to conduct live racing
 2747         if such election is made within a specified period of
 2748         time; providing that a greyhound racing permitholder
 2749         that has been issued a slot machine license remains an
 2750         eligible facility, continues to be eligible for a slot
 2751         machine license, is exempt from certain provisions of
 2752         ch. 551, F.S., is eligible to be a guest track for
 2753         certain purposes, and remains eligible for a cardroom
 2754         license; authorizing a greyhound racing permitholder
 2755         to receive an operating license to conduct pari-mutuel
 2756         wagering activities at another permitholder’s
 2757         greyhound racing facility; authorizing certain jai
 2758         alai permitholders, harness horse racing
 2759         permitholders, and quarter horse racing permitholders
 2760         to elect not to conduct live racing or games if the
 2761         election is made by a specified date; specifying that
 2762         such permitholder may retain its permit and remains a
 2763         pari-mutuel facility; specifying that, if such
 2764         permitholder has been issued a slot machine license,
 2765         the permitholder’s facility remains an eligible
 2766         facility, continues to be eligible for a slot machine
 2767         license, is exempt from certain provisions of chs. 550
 2768         and 551, F.S., is eligible to be a guest track, and if
 2769         the permitholder is a harness horse racing
 2770         permitholder, a host track for intertrack wagering and
 2771         simulcasting, and remains eligible for a cardroom
 2772         license; authorizing a harness horse racing
 2773         permitholder to be a host track for purposes of
 2774         intertrack wagering and simulcasting; authorizing the
 2775         division to approve a change in racing dates for a
 2776         permitholder if the request for a change is received
 2777         before a specified date and under certain
 2778         circumstances; amending s. 550.054, F.S.; requiring
 2779         the Division of Pari-Mutuel Wagering to revoke a
 2780         permit to conduct pari-mutuel wagering for a
 2781         permitholder that fails to make specified payments or
 2782         obtain an operating license; prohibiting the issuance
 2783         of new permits; deleting provisions related to the
 2784         conversion of permits; repealing s. 550.0745, F.S.,
 2785         relating to conversion of a pari-mutuel permit to a
 2786         summer jai alai permit; amending ss. 550.09512 and
 2787         550.09515, F.S.; requiring the division to revoke the
 2788         permit of a harness horse or thoroughbred racing
 2789         permitholder, respectively, who does not pay tax on
 2790         handle for a specified period of time; deleting
 2791         provisions relating to the reissuance of escheated
 2792         permits; amending s. 550.3345, F.S.; revising
 2793         provisions relating to a limited thoroughbred racing
 2794         permit previously converted from a quarter horse
 2795         racing permit; amending s. 550.6308, F.S.; revising
 2796         the number of days of thoroughbred horse sales
 2797         required for an applicant to obtain a limited
 2798         intertrack wagering license; revising eligibility
 2799         requirements for such licenses; revising requirements
 2800         for such wagering; deleting provisions requiring a
 2801         licensee to make certain payments to the daily pari
 2802         mutuel pool; amending s. 551.102, F.S.; revising
 2803         definitions; amending s. 551.104, F.S.; revising
 2804         conditions of licensure and conditions for maintaining
 2805         authority to conduct slot machine gaming; requiring
 2806         certain permitholders to remit certain revenues to
 2807         qualified thoroughbred permitholders; requiring
 2808         qualified thoroughbred permitholders to use such
 2809         payments for certain purposes; defining the term
 2810         “qualified thoroughbred permitholder”; providing a
 2811         process for remitting such payments; requiring
 2812         qualified thoroughbred permitholders receiving such
 2813         funds to remit a specified percentage of the funds to
 2814         a specified association; amending s. 551.106, F.S.;
 2815         deleting obsolete provisions; revising the tax rate on
 2816         slot machine revenue effective on specified dates;
 2817         providing a formula to calculate a surcharge amount;
 2818         prohibiting the surcharge from exceeding a certain
 2819         amount; revising where slot machine revenue tax
 2820         payments must be deposited; requiring that certain
 2821         funds be used for specific purposes; requiring certain
 2822         permitholders and licensees to pay a slot machine
 2823         guarantee fee if certain taxes and fees paid to the
 2824         state during certain periods fall below a specified
 2825         amount; amending s. 551.114, F.S.; revising the
 2826         maximum number of slot machines slot machine licensees
 2827         may make available for play; revising the areas where
 2828         a designated slot machine gaming area may be located;
 2829         amending s. 551.116, F.S.; deleting a restriction on
 2830         the number of hours per day that slot machine gaming
 2831         areas may be open; amending s. 849.086, F.S.; revising
 2832         legislative intent; revising definitions; authorizing
 2833         the division to establish a reasonable period to
 2834         respond to certain requests from a licensed cardroom;
 2835         providing that the division must approve certain
 2836         requests within 45 days; requiring the division to
 2837         review and approve or reject certain revised internal
 2838         controls or revised rules within 10 days after
 2839         submission; deleting provisions relating to the
 2840         renewal of a cardroom license; deleting provisions
 2841         relating to restrictions on hours of operation; making
 2842         technical changes; authorizing certain cardroom
 2843         operators to offer a certain number of certain
 2844         designated player games; requiring the designated
 2845         player and employees of the designated player to be
 2846         licensed; requiring the designated player to pay
 2847         certain fees; prohibiting a cardroom operator from
 2848         serving as the designated player in a game and from
 2849         having a financial interest in a designated player;
 2850         authorizing a cardroom operator to collect a rake,
 2851         subject to certain requirements; requiring the dealer
 2852         button to be rotated under certain circumstances;
 2853         prohibiting a cardroom operator from allowing a
 2854         designated player to pay an opposing player under
 2855         certain circumstances; prohibiting the rules of the
 2856         game or of the cardroom to require a designated player
 2857         to cover more than 10 times the maximum wager for
 2858         players participating in any one game; prohibiting a
 2859         cardroom or cardroom licensee from contracting with or
 2860         receiving certain compensation from a player to allow
 2861         that player to participate in any game as a designated
 2862         player; requiring certain permitholders with a
 2863         cardroom license to remit a certain amount of its
 2864         monthly gross receipts to qualified thoroughbred
 2865         permitholders; requiring qualified thoroughbred
 2866         holders to use such payments for certain purposes;
 2867         defining the term “qualified thoroughbred
 2868         permitholder”; providing a process for remitting such
 2869         payments; requiring qualified thoroughbred
 2870         permitholders receiving such funds to remit a
 2871         specified percentage of the funds to a specified
 2872         association; deleting a provision relating to the
 2873         renewal or issuance of a cardroom license to a quarter
 2874         horse racing permitholder; conforming a cross
 2875         reference; amending s. 849.16, F.S.; revising the
 2876         definition of the term “slot machine or device”;
 2877         providing a directive to the Division of Law Revision
 2878         and Information; providing an effective date.