Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 16-A Ì871360ÃÎ871360 LEGISLATIVE ACTION Senate . House Comm: RCS . 05/17/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Hutson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 89 - 329 4 and insert: 5 (5) “Division” means the Division of Pari-mutuel Wagering 6 of the Department of Business and Professional Regulation. 7 (6) “Entry fee” means the cash or cash equivalent amount 8 that is required to be paid by a person to a contest operator or 9 noncommercial contest operator to participate in a fantasy 10 sports contest. 11 (7) “Fantasy sports contest” means a fantasy or simulation 12 sports game or contest offered by a contest operator or a 13 noncommercial contest operator in which a contest participant 14 manages a fantasy or simulation sports team composed of athletes 15 from a professional sports organization and which meets each of 16 the following requirements: 17 (a) All prizes and awards offered to winning contest 18 participants are established and made known to the contest 19 participants in advance of the game or contest and their value 20 is not determined by the number of contest participants or the 21 amount of any fees paid by those contest participants. 22 (b) All winning outcomes reflect the relative knowledge and 23 skill of the contest participants and are determined 24 predominantly by accumulated statistical results of the 25 performance of individuals, including athletes in the case of 26 sporting events. 27 (c) No winning outcome is based on the score, point spread, 28 or any performance or performances of any single actual team or 29 combination of such teams; solely on any single performance of 30 an individual athlete or player in a single actual event; on a 31 pari-mutuel event, as the term “pari-mutuel” is defined in s. 32 550.002; on a game of poker or other card game; or on the 33 performances of participants in collegiate, high school, or 34 youth sporting events. 35 (d) No casino graphics, themes, or titles, including, but 36 not limited to, depictions of slot machine-style symbols, cards, 37 dice, craps, roulette, or lotto, are displayed or depicted. 38 (8) “Noncommercial contest operator” means a natural person 39 who organizes and conducts a fantasy or simulation sports 40 contest in which contest participants are charged entry fees for 41 the right to participate; entry fees are collected, maintained, 42 and distributed by the same natural person; the total entry fees 43 collected, maintained, and distributed by such natural person do 44 not exceed $1,500 per season or a total of $10,000 per calendar 45 year; and all entry fees are returned to the contest 46 participants in the form of prizes. 47 Section 4. Section 546.14, Florida Statutes, is created to 48 read: 49 546.14 Enforcement and administration; rulemaking.— 50 (1) The division shall enforce and administer this act. 51 (2) The division may: 52 (a) Conduct investigations and monitor the operation and 53 play of fantasy sports contests. 54 (b) Review the books, accounts, and records of any current 55 or former contest operator. 56 (c) Deny, suspend, or revoke any license under this act for 57 any violation of state law or rule. 58 (d) Take testimony, issue summons and subpoenas for any 59 witness, and issue subpoenas duces tecum in connection with any 60 matter within its jurisdiction. 61 (e) Monitor and ensure the proper collection and 62 safeguarding of entry fees and the payment of contest prizes in 63 accordance with consumer protection procedures enacted pursuant 64 to s. 546.16. 65 (f) Investigate any licensed or unlicensed person or entity 66 when such person or entity is advertising as offering or 67 providing, or is engaged in conducting, a fantasy sports contest 68 that requires licensure under this act or when a contest 69 operator or noncommercial contest operator is engaged in 70 activities that do not comply with or are prohibited by this 71 act. The division shall have the authority to issue an order to 72 such licensed or unlicensed person or entity or contest operator 73 or noncommercial contest operator to cease and desist the 74 further conduct of such activities, to seek an injunction, or to 75 take other appropriate action to enforce the requirements of 76 this act. 77 (3) The division shall revoke a contest operator’s license 78 if the contest operator offers fantasy sports contests that 79 violate s. 546.13(6)(c). 80 (4) The division shall adopt rules to implement and 81 administer this act. Such rules may not conflict with, and must 82 be applied, construed, and interpreted in a manner consistent 83 with, the gaming compact ratified, approved, and described in s. 84 285.710(3). 85 Section 5. Section 546.15, Florida Statutes, is created to 86 read: 87 546.15 Licensing.— 88 (1) A contest operator must be licensed by the division to 89 conduct fantasy sports contests within this state. 90 (2) The application must include: 91 (a) The full name of the applicant. 92 (b) If the applicant is a corporation, the name of the 93 state in which the applicant is incorporated and the names and 94 addresses of the officers, directors, and shareholders who hold 95 15 percent or more equity. 96 (c) If the applicant is a business entity other than a 97 corporation, the names and addresses of each principal, partner, 98 or shareholder who holds 15 percent or more equity. 99 (d) The names and addresses of the ultimate equitable 100 owners of the corporation or other business entity, if different 101 from those provided under paragraph (b) or paragraph (c), unless 102 the securities of the corporation or entity are registered 103 pursuant to s. 12 of the Securities Exchange Act of 1934, 15 104 U.S.C. ss. 78a-78kk, and: 105 1. The corporation or entity files with the United States 106 Securities and Exchange Commission the reports required by s. 13 107 of that act; or 108 2. The securities of the corporation or entity are 109 regularly traded on an established securities market in the 110 United States. 111 (e) The estimated number of fantasy sports contests to be 112 conducted by the applicant annually. 113 (f) A statement of the assets and liabilities of the 114 applicant. 115 (g) If required by the division, the names and addresses of 116 the officers and directors of any creditor of the applicant and 117 of stockholders who hold more than 10 percent of the stock of 118 the creditor. 119 (h) For each individual listed in the application pursuant 120 to paragraph (a), paragraph (b), paragraph (c), or paragraph 121 (d), a full set of fingerprints to be submitted to the division 122 or to a vendor, entity, or agency authorized by s. 943.053(13). 123 1. The division, vendor, entity, or agency shall forward 124 the fingerprints to the Department of Law Enforcement for state 125 processing, and the Department of Law Enforcement shall forward 126 the fingerprints to the Federal Bureau of Investigation for 127 national processing. 128 2. Fingerprints submitted to the Department of Law 129 Enforcement pursuant to this paragraph shall be retained by the 130 Department of Law Enforcement as provided in s. 943.05(2)(g) and 131 (h) and, when the Department of Law Enforcement begins 132 participation in the program, shall be enrolled in the Federal 133 Bureau of Investigation’s national retained print arrest 134 notification program. Any arrest record identified shall be 135 reported to the division by the Department of Law Enforcement. 136 (i) For each foreign national, such documents as necessary 137 to allow the division to conduct criminal history records checks 138 in the individual’s home country. The applicant must pay the 139 full cost of processing fingerprints and required documentation. 140 (3) A person or entity is not eligible for licensure as a 141 contest operator or for licensure renewal if an individual 142 required to be listed pursuant to paragraph (2)(a), paragraph 143 (2)(b), paragraph (2)(c), or paragraph (2)(d) is determined by 144 the division, after investigation, not to be of good moral 145 character or is found to have been convicted of a felony in this 146 state, any offense in another jurisdiction which would be 147 considered a felony if committed in this state, or a felony 148 under the laws of the United States. As used in this subsection, 149 the term “convicted” means having been found guilty, with or 150 without adjudication of guilt, as a result of a jury verdict, 151 nonjury trial, or entry of a plea of guilty or nolo contendere. 152 (4) The license of a contest operator is automatically 153 suspended upon entry of a final order imposing an administrative 154 fine against the contest operator, until the administrative fine 155 is paid, if 30 calendar days have elapsed since the entry of the 156 final order. The license of a contest operator may not be 157 renewed and an application for licensure as a contest operator 158 may not be approved if the contest operator or the applicant for 159 licensure as a contest operator is liable for an outstanding 160 administrative fine imposed under this act. Notwithstanding the 161 provisions of this subsection, a contest operator’s license may 162 not be suspended and an application for licensure as a contest 163 operator may not be denied if the contest operator or the 164 applicant has an appeal from a final order pending in any 165 appellate court. 166 Section 6. Section 546.16, Florida Statutes, is created to 167 read: 168 546.16 Consumer protection.— 169 (1) A contest operator must implement procedures for 170 fantasy sports contests which: 171 (a) Prevent its employees, their relatives, or persons 172 living in the same household as the employees from competing in 173 a fantasy sports contest in which a cash prize is awarded. 174 However, a contest operator may offer fantasy sports contests to 175 its employees in which the employees are the sole participants 176 in the contests. For the purposes of this paragraph, the term 177 “relative” means a spouse, father, mother, son, daughter, 178 grandfather, grandmother, brother, sister, uncle, aunt, cousin, 179 nephew, niece, father-in-law, mother-in-law, son-in-law, 180 daughter-in-law, brother-in-law, sister-in-law, stepfather, 181 stepmother, stepson, stepdaughter, stepbrother, stepsister, 182 half-brother, or half-sister. 183 (b) Prohibit the contest operator from being a contest 184 participant in a fantasy sports contest that he or she offers. 185 (c) Prevent its employees or agents from sharing with a 186 third party confidential information that could affect fantasy 187 sports contest play, until the information has been made 188 publicly available. 189 (d) Verify that contest participants are 21 years of age or 190 older. 191 (e) Restrict an individual who is a player, a game 192 official, or another participant in a real-world game or 193 competition from participating in a fantasy sports contest that 194 is determined, in whole or in part, on the performance of that 195 individual, the individual’s real-world team, or the accumulated 196 statistical results of the sport or competition in which he or 197 she is a player, game official, or other participant. 198 (f) Allow individuals to restrict or prevent their own 199 access to fantasy sports contests and take reasonable steps to 200 prevent those individuals from entering a fantasy sports 201 contest. 202 (g) Limit the number of entries a single contest 203 participant may submit to each fantasy sports contest and take 204 reasonable steps to prevent participants from submitting more 205 than the allowable number of entries. 206 (h) Segregate contest participants’ funds from operational 207 funds or maintain a reserve in the form of cash, cash 208 equivalents, payment processor reserves, payment processor 209 receivables, an irrevocable letter of credit, a bond, or a 210 combination thereof in the total amount of deposits in contest 211 participants’ accounts for the benefit and protection of 212 authorized contest participants’ funds held in fantasy sports 213 contest accounts. 214 (2)(a) A contest operator must annually contract with a 215 third party to perform an independent audit, consistent with the 216 standards established by the American Institute of Certified 217 Public Accountants, to ensure compliance with this act. The 218 contest operator shall submit the results of the independent 219 audit to the division no later than 90 days after the end of 220 each annual licensing period. 221 (b) Any data source and the corresponding data to determine 222 the results of all fantasy sports contests offered by contest 223 operators, other than noncommercial contest operators, must be 224 complete, accurate, reliable, and appropriate to settle the 225 outcome of the fantasy sports contests for which it is used. 226 Section 7. Section 546.17, Florida Statutes, is created to 227 read: 228 546.17 Records and reports.—Each contest operator shall 229 keep and maintain daily records of its operations and shall 230 maintain such records for at least 3 years. The records must 231 sufficiently detail all financial transactions required to 232 determine compliance with the requirements of this act and must 233 be available for audit and inspection by the division or other 234 law enforcement agencies during the contest operator’s regular 235 business hours. The division shall adopt rules to implement this 236 section. 237 Section 8. Section 546.18, Florida Statutes, is created to 238 read: 239 546.18 Penalties; applicability; exemption.— 240 (1)(a) A contest operator, or an employee or agent thereof, 241 who violates this act is subject to an administrative fine, not 242 to exceed $5,000 for each violation and not to exceed $100,000 243 in the aggregate. All fines imposed and collected under this 244 subsection must be deposited with the Chief Financial Officer to 245 the credit of the General Revenue Fund. An action to recover 246 such penalties may be brought by the division or the Department 247 of Legal Affairs in the name and on behalf of the state. 248 (b) The penalty provisions established in this subsection 249 do not apply to violations committed by a contest operator which 250 occurred prior to the issuance of a license under this act if 251 the contest operator applies for a license within 90 days after 252 the date the division begins accepting applications, and 253 receives a license within 240 days after such date. 254 255 ================= T I T L E A M E N D M E N T ================ 256 And the title is amended as follows: 257 Delete lines 11 - 29 258 and insert: 259 take certain actions; requiring the division to revoke 260 a contest operator’s license under certain 261 circumstances; authorizing the division to adopt 262 rules; creating s. 546.15, F.S.; providing application 263 requirements for fantasy sports contest operator 264 licenses; providing that specified persons or entities 265 are not eligible for licensure under certain 266 circumstances; defining the term “convicted”; 267 specifying that a contest operator license is 268 automatically suspended under certain circumstances; 269 providing an exception; creating s. 546.16, F.S.; 270 requiring a contest operator to implement specified 271 consumer protection procedures under certain 272 circumstances; defining the term “relative”; requiring 273 a contest operator to annually contract with a third 274 party to perform an independent audit; requiring a 275 contest operator to submit the audit results to the 276 division within a certain timeframe; requiring a 277 contest operator to use data sources that meet 278 specified requirements; creating s. 546.17, F.S.;